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DigestMarch 2017A digest of police law, operational policing practice and criminal justice

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OFFICIALDigest March 2017

© College of Policing (2017)

OFFICIAL

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OFFICIAL

Overview 4Legislation 5 Bills before parliament 5 Criminal Finances Bill 5 Recently announced Bills 6 Prison and Courts Bill 6 Statutory Instruments 7 Criminal Procedure (Amendment) Rules 2017 7 Policing and Crime Act 2017 (Possession of Pyrotechnic Articles at Musical Events) Regulations 2017 7 Policing and Crime Act 2017 (Commencement No. 1 and Transitional Provisions) Regulations 2017 7 Serious Crime Act 2015 (Commencement No. 6) Regulations 2017 8 Policing and Crime Act 2017 (Commencement No. 2) Regulations 2017 8 New Legislation 9 Provisions of the Policing and Crime Act 2017 coming into force 9Case law 13 Evidence and procedure 13 R. v Tsekiri [2017] EWCA Crim 40 13 General police duties 14 R (on the application of) Hicks and Ors v Commissioner of Police for the Metropolis [2017] UKSC 9 14 Human rights 16 Mlia and Anor v Chief Constable of Hampshire Police [2017] EWHC 292 16Policing practice 17 Diversity 17 Brexit plans, Equality and Human Rights 17 Police 18 PEEL: police effectiveness 2016 18 Revised PACE Codes in force 19 Report on stop and search published 20 Training and development 21 Update on College pre-charge bail training 21Criminal justice system 22 Consultation on Codes of Practice to the Investigatory Powers Act 2016 22

3

Contents



OFFICIAL 4

This month’s edition of the Digest contains a summary of issues relating to police law, operational policing practice and criminal justice.

There are case reports on:

• a case based solely on DNA left on an article at the scene of a crime

• the management of the crowd by the police at the royal wedding

• the duty on a police force to investigate abusive behaviour.

We look in detail at:

• the changes to pre-charge bail which came into force on 3 April 2017

• HMIC PEEL effectiveness inspection 2016

• the College’s report on stop and search.

We also look at the:

• revised PACE Codes

• College’s briefing materials on the changes to pre-charge bail

• consultation on the Investigatory Powers Act 2016 Codes of Practice

• recently announced Prison and Courts Bill.

The progress of proposed new legislation through parliament is examined and relevant Statutory Instruments are summarised.

Overview



OFFICIAL 5

LegislationBills before parliamentCriminal Finances Bill

The Criminal Finances Bill, which was introduced in September, amends the Proceeds of Crime Act 2002, makes provisions in connection with terrorist property and creates corporate offences relating to tax evasion. A summary of the Bill can be found in the September edition of the Digest.

Progress

Line by line examination of the Bill took place during the first day of committee stage on 28 March. 2017. Amendments discussed covered clauses 1, 9, 11, 13, 20, 24, 38 and 40 of the Bill.

Committee stage continues on 3 April 2017 when further amendments will be discussed.

Please see services.parliament.uk

http://services.parliament.uk/bills/2016-17/criminalfinances.html



OFFICIAL 6

Recently announced BillsPrison and Courts Bill

The Prison and Courts Bill was introduced into the House of Commons on 23 February 2017. The purpose of the Bill is to reform prisons and courts by setting a new framework and clear system of accountability in the prison system, strengthening safety and security, improving efficiency and services for users in courts and tribunals, and reforming the claims process for minor whiplash injuries resulting from road traffic accidents.

Part 1 of the Bill contains measures relating to prisons. It establishes a statutory purpose for prisons, clarifies the role of the Secretary of State, and strengthens the functions of the Chief Inspector of Prisons by creating an Inspectorate and providing them with new statutory powers. It also improves prison security to support other operational changes in prisons and provides new powers to test for psycho-active substances in prisons so that prisons can respond quickly to new drugs.

Part 2 makes changes to court procedures in the Crown Court and magistrates’ courts to make processes and case management more efficient. It allows some offenders charged with summary-only, non-imprisonable offences to be convicted and given standard penalties using a new online procedure. It extends the use of live audio and video links, and ‘virtual’ hearings where no parties are present in the court room but attend by telephone or video conferencing facilities. It also makes provision which will apply across the civil, criminal and tribunal jurisdictions to ensure public participation in proceedings which are heard virtually, including the creation of new criminal offences to guard against abuse.

Part 3 contains measures relating to the organisation and functions of courts and tribunals. Part 4 contains measures relating to the judiciary and the Judicial Appointments Commission. Part 5 concerns the claims process for those suffering minor whiplash injuries. Part 6 contains general provisions that apply to the Bill.

Progress

MPs are now considering the Bill in a Public Bill Committee. The Public Bill Committee is scheduled to conclude by Thursday, 27 April 2017.

Please see services.parliament.uk

Legislation Recently announced Bills

http://www.parliament.uk/site-information/glossary/public-bill-committee/

http://services.parliament.uk/bills/2016-17/prisonsandcourts.html



OFFICIAL 7 Statutory InstrumentsLegislation

Statutory InstrumentsSI 144/2017 Criminal Procedure (Amendment) Rules 2017

These Rules amend the Criminal Procedure Rules 2015 and come into force on 3 April 2017.

Please see legislation.gov.uk

SI 306/2017 Policing and Crime Act 2017 (Possession of Pyrotechnic Articles at Musical Events) Regulations 2017

These Regulations, which come into force on 3 April 2017, specify the events for the purposes of section 134(5) of the Policing and Crime Act 2017, under which it is an offence for a person to be in possession of a pyrotechnic article at a place where a qualifying musical event is being held. These Regulations such an event as one that is provided for members of the public or a section of the public only, and which takes place on premises that are authorised to provide live music.


SI 399/2017 Policing and Crime Act 2017 (Commencement No. 1 and Transitional Provisions) Regulations 2017

These Regulations bring into force specified provisions of the Policing and Crime Act 2017.


http://www.legislation.gov.uk/uksi/2017/144/contents/made






SI 451/2017 Serious Crime Act 2015 (Commencement No. 6) Regulations 2017

These Regulations bring into force section 67 of the Serious Crime Act 2015 on 3 April 2017, which inserts a new section 15A into the Sexual Offences Act containing the offence of sexual communication with a child. SI 2017/511 brings into force on 3 April 2017 the consequential provisions in Schedule 4 to the 2015 Act relevant to the commencement of section 67.


SI 482/2017 Policing and Crime Act 2017 (Commencement No. 2) Regulations 2017

These Regulations bring into force Part 8 of the Policing and Crime Act 2017 in so far as it is not already in force.






OFFICIAL 9

New LegislationProvisions of the Policing and Crime Act 2017 coming into force

Since the Act received royal assent in January, two sets of commencement regulations have been published in relation to the Act (Commencement No. 1 and Commencement No. 2). Some sections were brought into force on commencement and others by virtue of section 183(6) of the Act. The following provisions are brought into force on the dates indicated:

Provisions in force on 31 March 2017:

• section 76 (PACE: audio recording of interviews)

• section 157 and Schedule 19 (power to enter into police collaboration agreements)

• section 158 (powers of NCA officers in relation to customs matters)

• sections 173 and 174 (anonymity of victims of forced marriage)

• section 176 (child sexual exploitation: streaming indecent images).

Provisions in force on 1 April 2017:

• Part 8 (Financial sanctions)

• Provisions in force on 3 April 2017

• sections 1 to 5 (collaboration agreements)

• section 6 (provision for police and crime commissioner to be fire and rescue authority)

• section 7 (involvement of police and crime commissioner in fire and rescue authority)

• section 32 (guidance concerning disciplinary proceedings and conduct etc)

• section 33(2) (Independent Office for Police Conduct) in so far as is necessary for the purposes of paragraph 6

• section 33(5) and (6) but only for the purpose of appointing the Director General and nonexecutive members

• section 33(9) in so far as is necessary for the purposes of paragraph 39

• section 45 (further amendments consequential on section 38 etc) in so far as it relates to the provisions specified in paragraph 40

• section 49 (duties of Police Federation for England and Wales in fulfilling its purpose)

• section 50 (Freedom of Information Act etc: Police Federation for England and Wales)

Legislation New legislation



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• section 51 (removal of references to ACPO) in so far as it relates to the provisions specified in paragraph 41

• sections 52 to 60 (release without bail or on bail)

• section 61 (bail before charge: conditions of bail etc)

• section 62 (limit on period of bail under section 30A of PACE)

• section 63 (limits on period of bail without charge under Part 4 of PACE)

• section 64 (section 63: consequential amendments)

• section 65 (release under provisions of PACE: re-arrest)

• sections 66 and 67 (notification of decision not to prosecute)

• sections 68 and 69 (breach of pre-charge bail conditions relating to travel)

• sections 70 and 71 (retention of biometric material)

• section 72 (PACE: entry and search of premises for the purpose of arrest)

• section 73 (PACE: treatment of those aged 17)

• section 74 (PACE: detention: use of live links)

• section 75 (PACE: interviews: use of live links)

• section 77 (PACE: duty to notify person interviewed that not to be prosecuted)

• section 78 (PACE: consultation on codes of practice)

• section 79 (definition of ‘appropriate adult’ in criminal justice legislation)

• section 120 (powers to require removal of disguises: oral authorisation)

• section 121 (term of office of deputy police and crime commissioners)

• section 122 (eligibility of deputy police and crime commissioners for election)

• section 124 (amendments to the names of police areas)

• section 133 (guidance to police officers in respect of firearms)

• section 134 (possession of pyrotechnic articles at musical events)

• section 163 (powers to seize etc invalid travel documents)

• section 175 (sentences for offences of putting people in fear of violence etc)

• section 177 (licensing functions under taxi and PHV legislation: protection of children and vulnerable adults)

• section 178 (coroners’ investigations into deaths: meaning of ‘state detention’)




OFFICIAL 11

• Schedule 1 (provision for police and crime commissioner to be fire and rescue authority)

• In Schedule 9 (Independent Office for Police Conduct)—

– paragraph 1 in so far as is necessary for the purposes of sub-paragraphs (b) to (d) – paragraph 2 but only for the purpose of making appointments and the removal

of persons from office – paragraph 3 in so far as it inserts paragraph 1A(1) into Schedule 2 to the Police

Reform Act 2002(a) and only for the purpose of making appointments; and – paragraph 4 but only for the purpose of making appointments and the removal

of persons from office.• Schedule 12 (powers of civilian staff and volunteers: further amendments), Part 3

(minor correcting amendments).

• Schedule 14 (removal of references to ACPO) except for the reference in paragraph 7(e) to section 45(3)(f) of the Police Reform Act 2002.

Provisions in force on 6 April 2017:

• section 135 (meaning of ‘alcohol’: inclusion of alcohol in any state)

• section 136 (interim steps pending review: representations)

• section 137 (summary reviews of premises licences: review of interim steps

• section 138 (personal licences: licensing authority powers in relation to convictions)

• section 139 (Licensing Act 2003: addition of further relevant offences); and

• section 140 (Licensing Act 2003: guidance).

Provisions in force on 2 May 2017:

• sections 36 and 37 (inspection)

• section 125 (Firearms Act 1968: meaning of ‘firearm’ etc)

• section 127 (possession of articles for conversion of imitation firearms)

• section 128 (controls on defectively deactivated weapons)

• section 129 (controls on ammunition which expands on impact); and

• section 130 (authorised lending and possession of firearms for hunting etc).




OFFICIAL 12

Transitional arrangements have been made in respect the following:

Pre-charge bail

Sections 52-58, 60 and 62-65 of the Act do not apply in respect of an offence if the person was either first arrested for the offence, or given a conditional caution in respect of the offence on or before 2 April 2017.

Retention of biometric material

Section 70 only applies to section 63D material taken or (in the case of a DNA profile) derived from a sample taken, on or after 3 April 2017. The amendments to sections 63F, 63H, 63K and 63N of PACE apply for the purposes of section 63P(2) where the date mentioned in section 63P(2)(b) is 3 April 2017 or any subsequent date.

Inspection

Section 37(2) of the Act does not apply in relation to reports published under section 55 of the Police Act 1996 or under section 11 of, and paragraph 3 of Schedule 6 to, the Crime and Courts Act 2013 on or before 1 May 2017.

The Policing and Crime Act 2017 can be accessed in full at legislation.gov.uk


http://www.legislation.gov.uk/ukpga/2017/3/contents/enacted



OFFICIAL 13

Case lawEvidence and procedureR. v Tsekiri [2017] EWCA Crim 40

The victim in this case was robbed as she got into her car. The DNA analysis from the exterior door handle revealed a single major contributor consistent with the appellant’s DNA profile, with a match probability of 1.1 billion. The victim did not identify the appellant during an identification procedure, at trial and he made a submission of ‘no case to answer’ on the grounds that no reasonable jury could convict on the available evidence. The judge ruled that where the finding of DNA attributable to a defendant at the scene of a crime was the sole evidence against them, it was necessary to examine the circumstances of the particular case and that the totality of the prosecution’s evidence was sufficient to go before the jury.

The appellant in this case appealed his conviction for robbery on the basis of R. v Bryon (Michael David) [2015] EWCA Crim 997 arguing that the case should have been withdrawn from the jury.

The techniques of DNA analysis are markedly improved and what was insufficient scientific evidence a decade ago would not necessarily be insufficient now. In the case of Bryon it was stated that, where a movable item with mixed DNA profiles, one being the defendant’s, was found at the scene, that would be insufficient on its own to support a conviction. The conviction in that case was upheld because there was supporting evidence pointing to the defendant’s guilt. In this case, the judge found support in the fact that the appellant lived in a different area to where the car was located and that the only way there could have been any primary or secondary transfer of DNA to the car was by the appellant touching the handle. No explanation was put forward by the appellant as to why his DNA was on the door handle and as such the jury was invited to conclude that the prosecution had failed to prove its case.

The appeal was dismissed on the grounds that there was no evidential or legal principle which prevented a jury from considering a case which depended solely on the presence of the defendant’s DNA profile on an article left at the scene of a crime.

The judgment can be accessed in full at bailii.org

http://www.bailii.org/ew/cases/EWCA/Crim/2017/40.html



OFFICIAL 14

General police dutiesR (on the application of) Hicks and Ors v Commissioner of Police for the Metropolis [2017] UKSC 9

This case before the Supreme Court involved the management of the crowd that attended the wedding of the Duke and Duchess of Cambridge on 29 April 2011. The four appellants were part of a larger group of claimants, but it was agreed before the Court of Appeal that their cases should be treated as test cases. They were arrested in separate incidents at various places in central London on the grounds that their arrest was reasonably believed by the arresting officers to be necessary to prevent an imminent breach of the peace.

The Administrative Court rejected the broad complaint that the police adopted an unlawful policy for the policing of the royal wedding. After close examination of the facts of the individual arrests, it also held that the arresting officers had good grounds to believe that the arrests were necessary in order to prevent the likelihood of an imminent breach of the peace.

The appellants also alleged that their detention violated their rights under article 5 of the European Convention on Human Rights, and on this issue alone they were given permission to appeal to the Court of Appeal and subsequently to the Supreme Court. Article 5 concerns the right to liberty and security of person.

The Supreme Court stated that the fundamental principle underlying article 5 was the need to protect the individual from arbitrary detention, but at the same time it must not be interpreted in such a way as would make it impracticable for the police to perform their duty to maintain public order and protect the lives and property of others. In balancing these twin considerations it was necessary to keep a grasp of reality and the practical implications.

The Court stated that there was nothing arbitrary about the decisions to arrest, detain and release the appellants. They were taken in good faith and were proportionate to the situation. If the police could not lawfully arrest and detain a person for a relatively short time in circumstances where it was reasonably considered to be necessary for the purpose of preventing imminent violence, the practical consequence would be to hamper severely their ability to carry out the difficult task of maintaining public order and safety at mass public events.

General police dutiesCase law



OFFICIAL 15

In addressing the qualification on the power of arrest or detention under article 5.1(c), contained in the words ‘for the purpose of bringing him before the competent legal authority’, the Court agreed with previous case law, that in the case of an early release from detention for preventive purposes, it was enough for guaranteeing the rights inherent in article 5 if the lawfulness of the detention could subsequently be challenged and decided by a court.

Conclusion

The Court upheld the decision of the lower courts that the appellants’ arrests and detention were lawful under article 5.1(c) and dismissed the appeals.

The judgment can be accessed in full atbailii.org

General police dutiesCase law

http://www.bailii.org/uk/cases/UKSC/2017/9.html



OFFICIAL 16

Human rightsMlia and Anor v Chief Constable of Hampshire Police [2017] EWHC 292

In this case, the claimants (X and Y) applied for an extension of the limitation period in order to bring an action against the defendant police force for its alleged failure to investigate complaints of abusive behaviour by X’s former partner (Z). After X and Z’s relationship ended in 2005 Z made several telephone calls to X and her mother, Y. He left messages in which he made threats of violence, including threats to kill. Starting in July 2005, the claimants complained to the police about Z’s behaviour, and in November 2005 he was brought before the court for harassing X. Eight and a half years later the claimants brought a claim against the defendant police force alleging that, between 31 July 2005 and 12 November 2005, it had failed adequately to investigate Z’s conduct or to protect them from him, in breach of article 3 and article 8 of the European Convention on Human Rights (ECHR).

As the acts complained of took place on or before 12 November 2005, the primary limitation period imposed by the Human Rights Act 1998 s.7(5)(a) expired on 12 November 2006. As such, the court had to determine whether:

(i) to extend the limitation period under s.7(5)(b)

(ii) art.3 and/or 8 was engaged and, if so, whether the defendant police force acted in a manner which was incompatible with the duty imposed.

The court refused the application on the following grounds:

(i) In relation to the issue of the limitation period, it would not be equitable having regard to all the circumstances to extend this to the extent sought by the claimants. The claimants could have sought advice on a potential claim earlier. The delay made it more difficult for witnesses to recall relevant events and meant that documents which would have been available earlier were no longer available.

(ii) Regardless of the delay in bringing the case forward this was not a case in which art.3 or art.8 applied so as to impose a duty to investigate. Such a duty would only be imposed where there was a credible allegation of a grave or serious crime. The facts of this case did not reach the necessary minimum level of seriousness for the purposes of the Convention. Even if the case did fall within the scope of art.3, the investigation conducted by the defendant in 2005 met the standards required by art.3.

The judgment can be accessed in full at bailii.org

Human rightsCase law

http://www.bailii.org/ew/cases/EWHC/QB/2017/292.html



OFFICIAL 17

DiversityBrexit plans, Equality and Human Rights

The Equality and Human Rights Commission (EHRC) has published a five point plan discussing what steps the Government can take to create a fairer Britain once we leave the EU which covers:

• Protecting parliamentary sovereignty over the UK’s equality and human rights legal framework

• Keeping the UK’s equality and human rights legal framework as we leave the European Union

• Making sure the UK is a global leader on equality and human rights

• Protecting the UK’s equality and human rights infrastructure

• Promoting the UK as an open and fair place to live and do business.

The five point plan can be found here equalityhumanrights.com

Policing practice

https://www.equalityhumanrights.com/sites/default/files/healing-the-divisions-a-positive-vision-for-equality-and-human-rights-in-britain.pdf



OFFICIAL 18

PolicePEEL: police effectiveness 2016

HMIC’s annual inspections of police effectiveness, efficiency and legitimacy (PEEL) assessed how effective police forces are at keeping people safe and reducing crime. The inspection focused on five areas of policing:

1. How effective are police forces at preventing crime, tackling anti-social behaviour and keeping people safe?

2. How effective are forces at investigating crime and reducing re-offending?

3. How effective are forces at protecting those who are vulnerable from harm, and supporting victims?

4. How effective are forces at tackling serious and organised crime?

5. How effective are the forces’ specialist capabilities?

This effectiveness assessment follows on from reports on efficiency and legitimacy in autumn 2016, which together make up the three pillars of the annual PEEL assessment. HMIC has graded all forces as outstanding, good, requires improvement or inadequate for their overall effectiveness. Generally, most forces are good and slightly more forces have improved than have declined this year. This overall improvement has been brought about in part by a considerable improvement in forces’ response to protecting vulnerable people, which is very welcome. However, this improvement has been at the apparent expense of other areas of policing. In particular, it has meant reduced investment in local policing, leading to an overall decline in the quality of preventative work.

In this time of rapid change in policing, HMIC is concerned that some of the fundamental actions and activities that police officers should be doing to reduce crime and keep people safe are simply not being carried out to the requisite standard. As such, the HMIC has identified three main areas of concern and has made a series of recommendations to overcome these.

HMIC’s three areas of concern are:

• some forces’ attempts to suppress demand are putting people at risk

• in some cases, police officers are not carrying out sufficiently well their main activities of preventing crime, keeping people safe and catching criminals

• the capabilities that are needed now and will continue to be needed in the future, such as skilled investigators.

PolicePolicing practice



OFFICIAL 19

Findings have been published in a national overview report which is accompanied by a series of separate reports for all 43 police forces in England and Wales based on inspections carried out from September to December 2016, and data provided by forces. All reports can be found here justiceinspectorates.gov.uk

Further reading:

The reports on efficiency can be found here justiceinspectorates.gov.uk

The reports on legitimacy can be found here justiceinspectorates.gov.uk

Revised PACE Codes in force

Revisions to Codes C, D and H of the Codes of Practice to the Police and Criminal Evidence Act 1984 (PACE Codes) have been brought into force, following a consultation on the amendments. The revised codes concern the detention, treatment, questioning and identification of persons by police officers and were brought into force on 23 February 2017.

The revisions to Code C enable interpretation services for persons who are suspected of a criminal offence to be provided by interpreters by way of a ‘live-link’ electronic communication system. The revisions to Code C also implement amendments to PACE which define a ‘juvenile’ for the purpose of detention as a person who is under the age of 18, rather than under the age of 17. The revisions to Code H follow the changes which are being made to Code C.

The revisions to Code D update the eye-witness identification provisions to take account of changes and developments in recent case law and police practice and to address operational concerns raised by the police. The revisions also reflect amendments to PACE concerning the retention of fingerprints, footwear impressions and DNA profiles and samples, made by the Anti-Social Behaviour, Crime and Policing Act 2014.

The revised Codes can be accessed at gov.uk/government/consultations

PolicePolicing practice

http://www.justiceinspectorates.gov.uk/hmic/publications/peel-police-effectiveness-2016/

http://www.justiceinspectorates.gov.uk/hmic/publications/peel-police-efficiency-2016/

http://www.justiceinspectorates.gov.uk/hmic/publications/peel-police-legitimacy-2016

http://www.gov.uk/government/consultations/revising-pace-codes-c-d-and-h




Report on stop and search published

The College of Policing has published a report exploring the relationship that stop and search had with crime at a borough level in the Metropolitan Police Service (MPS) over a 10-year period from April 2004 to November 2014. The report examines whether, on average, higher rates of stop and search in a borough in one week/month are followed by a crime rate that is lower than expected in that borough the next week/month (i.e. a lagged negative association). The analysis aims to identify week-on-week and month-on-month associations between stop and search (in total and under specific powers) and seven broad crime categories that might be susceptible to detection by stop and search (‘susceptible crime’). These categories include drugs offences, offences of violence (not including domestic abuse) and theft offences. Expressing such association as correlation and not causations, any evidence of a lagged negative association would point to a possible deterrent effect: i.e. crime rate might be reduced by stop and search in the previous week/month.

Significant Findings

• Overall, there is a significant association between an increase in search rates one week/month and a decrease in crime rates the following week/month

• Of the significant associations, ‘drug offences’ is predicted to be most respondent to an increase in searches the previous month

• Of the significant associations, ‘violent crime’ is predicted to be least respondent to an increase in searches the previous week.

In conclusion the report states:

• It is important not to overstate the benefits of stop and search in crime reduction, particularly at a force or borough level. Even if the lagged associations could be taken as ‘proof’ that stop and search deter crime, it suggests that large increases in stop and search, of a magnitude likely to be unacceptable to some communities, would only deliver modest reductions in crime.

• Given the, general, modest nature of crime-rate reductions associated with increased searches, that it could also be reasoned that general reductions in stop and search should be possible without them having a detrimental impact on recorded crime levels. Although, it is not known whether stop and search has a ‘symmetrical’ relationship with crime.

• Going forward, it would be valuable to conduct analysis at a more local level, focusing on specific crime hot spots. While some statistical effects are identified at the borough level, it is possible that stop and search will be strongly associated with crime at a more local level. Given evidence that crime tends to be clustered in hot spots, the borough-level analysis presented in the report may have disguised larger reductions in those geographic areas.

The report ‘Does more stop and search mean less crime? Analysis of Metropolitan Police Service panel data, 2004–14 can be accessed in full at college.police.uk

http://www.college.police.uk/News/College-news/Documents/Stop%20and%20search%20-%20Less%20crime%20-%20Report.pdf



OFFICIAL 21

Training and developmentUpdate on College pre-charge bail training

The College of Policing has produced briefing materials via the Managed Learning Environment (MLE) to assist forces in preparing for the changes to pre-charge bail that have recently been brought into force. Since the publication of the College’s briefing materials on 31 January 2017, the Home Office has revised its interpretation of two provisions within the Act.

1. Differences when bailing or rebailing from a police station

2. How much time is granted when CPS request further information, following an initial release for a CPS charging decision.

The College amended this material on 21 March 2017, to provide the most current interpretation of the law and this can be accessed via the MLE at www.ncalt.com or www.ncalt.pnn.police.uk

If you have difficulties accessing the MLE please contact the College Customer Contact Centre at [email protected] or call 0800 692 1122.

Training and developmentPolicing practice

http://www.ncalt.com/

www.ncalt.pnn.police.uk

mailto:contactcentre%40college.pnn.police.uk?subject=



OFFICIAL 22

Consultation on Codes of Practice to the Investigatory Powers Act 2016

The Home Office has launched a consultation on the Codes of Practice to the Investigatory Powers Act 2016 (IP Act), which received Royal Assent on 29 November 2016. The draft Codes of Practice have been published for public consultation, and set out the processes and safeguards governing the use of investigatory powers. They give detail on how the powers should be used and are intended to provide additional clarity and to ensure the highest standards of professionalism and compliance.

The consultation is on five draft codes of practice under the IP Act:

• Interception of communications

• Equipment Interference

• Bulk communications data acquisition

• Bulk personal datasets

• National security notices.

Once issued, the codes of practice have statutory force and individuals exercising functions to which the codes relate must have regard to them. They are admissible in evidence in criminal and civil proceedings and may be taken into account by any court, tribunal or supervisory authority when determining a question arising in connection with those functions.

The consultation closes on 6 April 2017 and can be accessed in full at gov.uk/government/uploads

Criminal justice system

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/593725/IP_Act_codes_consultation_Feb2017_FINAL_WEB.pdf

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