DRAFT SERVICE PROCEDURE – NOT PROTECTIVELY MARKED

Police Service of Northern Ireland
SUMMARY: This service procedure provides guidance to assist police officers identify when and how to deal with a crime by way of a discretionary disposal.
HQ Ref:
SP /
SERVICE PROCEDURE
WHEN AND HOW TO MANAGE DISPOSAL OF CRIME BY DISCRETION - DRAFT
1. / SERVICE PROCEDURE IDENTIFICATION
PROCEDURAL OWNERSHIP: / Superintendent CJ2
DEPARTMENT / Criminal Justice Department
BRANCH / CJ2 Justice Management
AUTHOR / C/Insp Michael Kirby
PROCEDURE APPROVED BY: / A.McMullan Superintendent
CCF REF/OTHER
DATE OF APPROVAL
DATE OF ISSUE:
REVIEW DATE:

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DRAFT SERVICE PROCEDURE – NOT PROTECTIVELY MARKED

INDEX
Section / Subject / Page
1 / Aim of procedure / 3
2 / Introduction / 3
3 / Conducting theinvestigation / 4
4 / Whenis adiscretionary disposal appropriate / 6
5 / How to deliver a discretionary disposal / 6
6 / Retailers within the discretionary disposal scheme / 7
7 / Monitoring and Review / 8
8 / Related Documents / 8
Appendices
Appendix A / Flow Chart providing overview of all disposal options / 9
Appendix B / ‘Speedy Justice’ Aide Memoire / Attached as separate pdf
1. / AIM OF PROCEDURE
(1) / This service procedure provides guidance to assist police officers identify when and how to deal with a crime by way of a discretionary disposal.
2. / INTRODUCTION
(1) / In broad terms a discretionary disposal provides a more individual victim led alternative to formally prosecuting an offender and is generally suitable where a comparatively minor crime has been committed and both the victim and offender agree on suitable reparation, for example by way of apology being provided or the repair of damage caused.
(2) / Discretion is one of a range of disposal options open to police in dealing with crime and incidents where the risk, vulnerability, evidential and public interest tests have all been considered and consequences assessed by police. Such incidents would include comparatively minor/low impact shoplifting, minor assaults, graffiti, and broken windows.
(3) / It is most appropriate for those offenders who have little or no prior offending history and as such will often, but not exclusively, be at the beginning of a graduated series of disposal options that also includes informal warnings and cautions through to conviction by charge/report process.
(4) / Investigating Officers (IO) are expected to use their professional judgement to consult with victims and determine satisfactory outcomes that are proportionate to the incident or crime. In this way Discretion will:
(a) / Improve victim satisfaction through involvement in agreeing an appropriate outcome.
(b) / Improve community confidence in policing and criminal justice - as justice will be seen to be done promptly and at a more localised level.
(c) / Empower officers to use their professional judgement to deliver a proportionate and effective response to local crime issues.
(d) / Reduce bureaucracy by delivering prompt local resolution.
(5) / The Northern Ireland Policing Board (NIPB) has set an annual performance target of 3000 Discretionary Disposals for Level 1 Crime and Anti Social Behaviour. This equates to districts obtaining at least 32 discretionary disposals for Crime and Anti Social Behaviour per month.
Discretionary disposals for Level 2 Traffic Offences do NOT count towards the NIPB target.
(6) / Whilst this service procedure specifically details the process for a discretionary disposal, Appendix A provides a flow chart illustrating the pathways for all disposal types.
3. / CONDUCTING THE INVESTIGATION
(1) / Every IO must complete effective and proportionate lines of enquiry in their investigation in compliance with published primary and secondary standards of investigation.
(2) / It is a matter for police to determine what investigative enquiries are proportionate and necessary
according to the circumstances of the case however Discretionary Disposal is not an alternative to the effective investigation of an alleged offence regardless of the anticipated outcome.
(3) / Whilst conducting an investigation, the IO should continually review the most effective disposal options available and follow the relevant process for each(refer Appendix A for overview).
(4) / Where an IO establishes a case might be suitable to be dealt with by discretionary disposal through linking a known suspect to a minor offence where it has had a low impact on the victim (refer section 4 for full eligibility criteria), they should also establish if the victim has a fixed view regards how the offence should be dealt, fully explaining what disposal options may be suitable. This is particularly important when considering if discretion is an option – as obtaining the victims consent is an essential element.
(5) / If a victim indicates a willingness for matter to be dealt with by discretion the IO should do following:
(a) / explain they will manage and oversee the process until any outcome has been completed
(b) / inform the victim that once they have agreed to the process, in the interests of justice, it will remain a discretionary disposal unless the suspect does not engage or complete the agreed outcome.
(c) / explore and agree with the victim an outcome which would be appropriate and proportionate to the alleged offence / behaviour.
(d) / explain discretion will not proceed if the suspect does not engage in the process
(e) / record the fact the case is considered suitable to be dealt with by discretion in their notebook and have the victim countersign the entry;
(f) / seek the victim’s consent for referral to Victim Support Northern Ireland and record it in their notebook or OMF 2A (if applicable);
(6) / Identifying what constitutes an appropriate outcome is the responsibility of the IO and has to be agreed by both victim and suspect. However the process should be as victim led as possible and therefore IO should actively assist the victim identify an outcome that is appropriate and proportionate and they are satisfied with.
(7) / The outcome might comprise any number of actions but may typically be either / or; a verbal or written apology, completing unpaid work, the repair of any damage caused, a payment to cover damages or a written agreement / pledge to alter behaviour for example.
(8) / If agreement cannot be reached then another disposal method may be considered by the IO by seeking guidance from a gatekeeper (or supervisor where not in operation).
(9) / When the IO is in a position to talk with the suspect about their suspected involvement in the offence and they believe they are likely to be eligible for a non-court disposal, they must read out the pre-prepared statement contained within Appendix B. The contents of the statement are important as they make the suspect aware of the potential opportunity of a diversionary disposal without inducing them to accept a disposal they might not otherwise agree with.
(10) / Once the statement has been read out the IO must then caution the suspect in accordance with Codes of Practice and ask what questions they consider necessary to meet the evidential test and obtain a clear and reliable admission. If not conducted as a taped recorded interview, the IO must record all questions and answers within their note book which the suspect should be offered to sign indicating it to be a true and accurate record of the interview.
(11) / The IO must then review if the crime is eligible to be dealt with by discretion and if it appears to be suitable - ask suspect if they agree to a discretionary disposal. If they don’t – matter should be referred to a gatekeeper (or supervisor where not in operation) for guidance as to alternative method of disposal.
(12) / If suspect indicates agreement for matter to be dealt with by discretionary disposal, the IO must
(a) / explain discretionary disposal and full details of the what outcome is sought in order for it to be considered as disposed of satisfactorily
(b) / explain the IO will manage and oversee the process until any outcome has been completed
(c) / explain if the suspect does not complete their part of the agreement, the matter will be referred for consideration of other means of disposal
(d) / explain the impact of agreeing to a discretionary disposal, namely (IO may consider it useful to refer &/or show the suspect this information which is available in Appendix B);
(i) / it does not require fingerprints or DNA,
(ii) / it is not a criminal conviction but police will retain record for 12 months
(iii) / It will not be routinely disclosed - however maybe disclosed as part of an enhanced criminal record check under prescribed conditions
(e) / consider the ability of the suspect to pay any reparation amount – where this is a part of the agreement with the victim
(f) / record the suspects agreement in their notebook and their countersignature (including the parent / guardian where appropriate).
(13) / The IO must update the OEL log regularly as investigation progresses noting key actions taken and those outstanding.
(14) / Whatever disposal option is decided – the IO must update victim of progress of investigation at intervals they consider appropriate, taking into account the individual circumstances of the case and impact on victim. However in all cases - the minimum standard of contact with all victims must comprise: an initial follow up within 10 days of crime being reported (in compliance with Policing Commitment 4) and again at 30 days, with further contact at 75 days where IO feels it necessary.
(15) / If a suspect is under 18 or is a vulnerable adult, the IO must ensure their parent / guardian are also provided relevant information and where consent of suspect is required – that they provide their consent also.
4. / WHEN IS A DISCRETIONARY DISPOSAL APPROPRIATE
(1) / In deciding whether an investigation appears eligible for a discretionary disposal, the IO must review if following criteria are met or likely to be met - depending on stage of investigation:
(a) / The offence must be ‘minor’ (refer RAG offence categories in Appendix B)
(b) / There must be sufficient evidence to bring a reasonable prospect of prosecution
(c) / The IO must believe it is the appropriate and right thing to do in their professional judgement.
(d) / The suspect will not be eligible if:
(i) / The crime is motivated by hate.
(ii) / They have another case pending to the one being considered for discretion - unless a supervisor gives authority.
(Note: if the case pending is for a non-similar offence, discretion may still be considered appropriate depending on opinion of supervisor)
(iii) / They have any other criminal justice disposal recorded against them – unless a supervisor gives authority.
(e) / There must be a clear and reliable admission of guilt
(f) / The offender must give consent (& their parent / guardian if under 18 or vulnerable adult).
(g) / The victim must give consent
(2) / If these criteria are satisfied, the case is eligible to be dealt with as a discretionary disposal.
5. / HOW TO DELIVER A DISCRETIONARY DISPOSAL
(1) / Where a discretionary disposal has been agreed by both victim and suspect, the IO must monitor the delivery of the agreed outcome and seek to get this completed within 7-14 days where possible. If the disposal requires significant time for completion, this must be authorised by a supervisor and OEL log updated accordingly.
(2) / Where the payment of money as reparation has been agreed, money should be paid directly to the victim by the suspect, in one lump sum, however the IO can supervise this and arrangements can be made to have it happen in a police station. The IO should not take any active part in this process.
(3) / If the suspect fails to comply with the agreement, only partly completes it or victim remains dissatisfied, the IO should seek guidance of gatekeeper (or supervisor where not in operation) as to alternative method of disposal. If the case involves a juvenile under 18yrs, the IO should also seek guidance from the YDO.
(4) / If the agreed outcome has been completed, the IO should obtain signed confirmation within their notebook from the victim that the conditions upon which the discretionary disposal was agreed – have been complied with to their satisfaction.
(5) / Only when the agreed outcome has been completed to the victims satisfaction should the IO treat the crime investigation as being complete.
6. / RETAILERS WITHIN THE DISCRETIONARY DISPOSAL SCHEME
(1) / Several large retail chains have agreed to adopt a discretionary disposal scheme to deal with minor shoplifting offences.
(2) / An IO can clarify if the store is a member of the scheme by checking with management of store &/or through current list of members within Policenet.
(type: retailers discretion then within section titled ‘Retailers’ access document titled ‘Speedy justice / speedy_justice_aide_memoire-2.pdf’
(3) / If an IO confirms they are investigating a crime of shoplifting committed against one of these retailers they should adopt following process:
(a) / The IO should ask the witness to state the allegation and evidence of the offence in presence of suspect to give opportunity for suspect to provide any innocent explanation as per normal practice (this will give early indication of suspects attitude/suitability for discretionary disposal).
(b) / The IO should confirm the identity of the suspect and check (with PVIor direct on Nichevia blackberry) if their offending history allows them to be considered for discretionary disposal (refer section3(d).
(c) / If it appears suitable, IO must ask retailer to confirm they are content for matter to be considered under the Discretionary Disposal Scheme. It will not be suitable suspect is repeat offender &/or there is evidence suspect has come equipped to steal.
(d) / If retailer agrees – the IO must then read the suspect the pre-prepared statement contained within Appendix B.
(e) / IO must then caution the suspect in accordance with Codes of Practice and ask what questions they consider necessary and to obtain a clear and reliable admission. IO must record all questions and answers within their note book which the suspect should be offered to sign indicating it to be a true and accurate record of the interview.
(4) / The IO must then review if the crime is eligible to be dealt with by discretion and if it appears to be suitable - ask suspect if they agree to a discretionary disposal. If they don’t IO must consider alternative disposal method as appropriate.
(5) / If suspect gives agreement for matter to be dealt with by discretionary disposal, the IO must
(a) / explain discretionary disposal and the outcome sought for it to be considered as disposed of satisfactorily. The outcome retailers have agreed is for suspect to agree and sign a store banning order and to sign a civil recovery offender report which allows retailers to seek recovery of costs through civil action.
(b) / explain they will manage and oversee the process until the outcome has been completed
(c) / explain if the suspect does not complete their part of the agreement, the IO will consider another appropriate method of disposal
(d) / explain the impact of agreeing to a discretionary disposal, namely (IO may consider it useful to refer &/or show the suspect this information within Appendix B);
(i) / it does not require fingerprints or DNA,
(ii) / it is not a criminal conviction but police will retain record for 12 months
(iii) / It will not be routinely disclosed - however maybe disclosed as part of an enhanced criminal record check under prescribed conditions
(e) / record the suspects agreement in their notebook and their countersignature (including the parent / guardian where appropriate).
(f) / confirm the suspects address (with PVIor through Niche via blackberry)and update their notebook with the following statement :- "I confirmthe address provided by (name of suspect) matchesthe addresson our records. I disclosed this to (name of person from store) as it was necessary for the purposes of civil legal recovery under Section 35(2) of the Data Protection Act 1998."
The IO must record this as any failure maybe a breach of the Data Protection Act.
(6) / The IO must ensure the Niche occurrence is updated through CMSU and the OEL log reflects a summary of investigative actions taken and outcome.
(7) / If a suspect is under 18 or is a vulnerable adult, the IO must ensure their parent / guardian are also provided relevant information and where consent of suspect is required – that they provide their consent also.
(8) / Only when the agreed outcome has been completed to the retailers satisfaction should the IO treat the crime investigation as being complete.
7. / MONITORING AND REVIEW
(1) / The Head of Branch, Professional Policing Branch, CJ2, is responsible for reviewing the contents of this service procedure on an annual basis.
(2) / Discretionary decisions will be quality assured and audited on a monthly basis by an interagency review group comprising a representative from the following:
-PSNI (Criminal Justice Department);
-Public Prosecution Service;
(3) / Districts must put in place suitable processes to manage the outcomes and update Criminal Justice Department re. Victim Call Backs.
8. / RELATED DOCUMENTS
(1) / Service Procedure XX/XX ‘When and how to obtain Non-Court Diversion Decisions by telephone from the Public Prosecution Service’.
(2) / Service Procedure XX/XX ‘When and how to use streamline no prosecution files.’
(3) / Service Procedure XX/XX ‘When and how to use a Gatekeeper’.
(4) / PD 04/10 Investigations carried out by PSNI (accessible through policenet)
(5) / Policing Commitments (accessible through policenet)
(6) / List of Retailers who have adopted the Discretionary Disposals Scheme within Policenet.
(type: retailers discretion then within section titled ‘Retailers’ access document titled ‘Speedy justice / speedy_justice_aide_memoire-2.pdf’
APPENDIX A: FLOW CHART PROVIDING OVERVIEW OF ALL DISPOSAL OPTIONS

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