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Reference No. P07:2004 Implementation date 24 February 2004 Version Number 2.4 Policy/Procedure Government Security Classification Handling Instructions POLICY OFFICIAL Suitable for Public Publication PROCEDURE OFFICIAL Internal Use Only Linked documents Reference No: Name. NPCC NPCC National Threats to Life Guidelines (January 2017) PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON SHAREPOINT IN THE FORCE DOCUMENT LIBRARY THREATS TO LIFE POLICY AND PROCEDURE

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Page 1: THREATS TO LIFE POLICY AND PROCEDURE - Dorset Police · information and decide if the Threats to Life policy should be applied. 4.1.5 Nothing within this policy is intended to prevent

Reference No. P07:2004 Implementation date 24 February 2004

Version Number 2.4

Policy/Procedure Government Security

Classification Handling

Instructions POLICY OFFICIAL Suitable for Public

Publication PROCEDURE OFFICIAL Internal Use Only

Linked documents

Reference No: Name.

NPCC NPCC National Threats to Life Guidelines (January 2017)

PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON SHAREPOINT IN THE FORCE DOCUMENT LIBRARY

• THREATS TO LIFE POLICY AND

PROCEDURE

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Table of Contents

1 Policy Section ......................................................................................................................... 1 1.1 Statement of Intent – Aim and Rationale ......................................................................... 1 1.2 Police Mission .................................................................................................................. 2 1.3 People, Confidence and Equality ..................................................................................... 2

2 Standards ................................................................................................................................ 3 2.1 Legal Basis ...................................................................................................................... 3 2.2 Equality Impact Assessment ............................................................................................ 3 2.3 Any Other Standards ....................................................................................................... 3 2.4 Monitoring / Feedback ..................................................................................................... 3

3 Procedure Section .................................................................................................................. 5 3.1 Procedure ........................................................................................................................ 5 3.2 Receipt of Threat and Initial Action .................................................................................. 5 3.3 Allegation Record and Management ................................................................................ 7 3.4 Threat and Risk Evaluation .............................................................................................. 8 3.5 Intelligence Evaluation ..................................................................................................... 9 3.6 Response ......................................................................................................................... 9 3.7 Resolution ...................................................................................................................... 13 3.8 ‘Threats to Life Disruption/Warning Notices’ .................................................................. 15 3.9 Warnings to Intended Victims/Assailants ....................................................................... 15 3.10 Monitoring of Threats ................................................................................................. 17

4 Consultation and Authorisation ............................................................................................. 19 4.1 Consultation ................................................................................................................... 19 4.2 Authorisation of this version ........................................................................................... 19

5 Version Control ..................................................................................................................... 19 5.1 Review ........................................................................................................................... 19 5.2 Version History .............................................................................................................. 19 5.3 Related Forms ............................................................................................................... 20 5.4 Document History .......................................................................................................... 20

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1 Policy Section

1.1 Statement of Intent – Aim and Rationale Osman v UK, confirmed the positive obligation on the police under Article 2, European Commission of Human Rights (ECHR) to take reasonable steps to protect potential victims from a real and immediate threat to their lives which is attributable to the actual or threatened criminal acts of a third party. This policy seeks to address ‘threats to life’ that come to police notice as ‘intelligence’. Within this policy, references to ‘intelligence’ mean any information that comes to police regarding future activity whereby somebody’s life is jeopardised. The aims of this policy are to:

• Protect the life of the intended victim • Preserve the lives of all others involved • Prevent serious injury • Ensure public safety • Maintain the safety of all those involved in attempting to mitigate the risks • Protect intelligence sources • Provide a standardised national framework for dealing with such incidents with other

agencies and across Force boundaries. A threat to life happens when, because of a deliberate intention or the criminal act of another there is a:

• Real and immediate threat to a loss of life • Threats to cause serious harm or injury to another

A threat to life also includes:

• Rape • Serious sexual assault

For the purpose of this policy ‘real and immediate’ means:

• A risk that is reasonably assessed to be real The potential assailant has the intention and current ability to carry out the threat

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1.2 Police Mission Our Mission for policing is: To make communities safer by upholding the law fairly and firmly; preventing crime and antisocial behaviour; keeping the peace; protecting and reassuring communities; investigating crime and bringing offenders to justice. This mission is set nationally and adopted locally by Dorset Police. Code of Ethics The Code of Ethics underpins every day policy, procedures, decision and action in policing today. The Code of Ethics is an everyday business consideration. This document has been developed with the Code of Ethics at the heart ensuring consideration of the 9 Policing principles and the 10 standards of professional behaviour. Monitoring is carried out through the Equality Impact Assessment process which has been designed to specifically include the Code of Ethics. National Decision Model The National Decision Model (NDM) is the primary decision-making model used in Dorset Police. The NDM is inherently flexible and is applied to the development and review of all policy, procedure, strategy, project, plan or guidance. Understanding, using and measuring the NDM ensures that we are able to make ethical (see Code of Ethics), proportionate and defensible decisions in relation to policy, procedure, strategy, project, plan or guidance.

1.3 People, Confidence and Equality Throughout history policing has been most effective when the community and the police work together, helping each other to reduce crime and fear of crime. Our priorities have been based on today’s risks and from what our communities have told us are areas of concern. This document seeks to achieve the priority of increasing the public satisfaction in the delivery of policing in Dorset. This document also recognises that some people will be part of many communities defined by different characteristics. It is probable that all people share common needs and expectations whilst at the same time everyone is different. Consultation and engagement has identified a common need and expectation for communities in Dorset to be:-

• Listened to • Have their needs understood • Have their expectations met where possible • Be kept informed

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2 Standards

2.1 Legal Basis The ‘Right to Life’ is now legislated for within the Human Rights Act 1998, but it has been a fundamental right for many years and a cornerstone to policing. The preservation of life remains the priority that supersedes all procedures and processes, a recurring theme in operational briefings, training and dealing with incidents. Legislation mirrors society’s opinion that everyone has a right to life. Statutes have numerous offences that seek to protect individuals from physical harm, including making it an offence to kill someone. Relatively recent court judgements, such as Van Colle v Chief Constable of Hertfordshire Police, have repeatedly stressed the need to ensure that the preservation of life is placed at the forefront of police operational decisions. It is not, however, always as simple as having the rights of only one individual to take into account. The Police and Criminal Evidence Act (1984). The Regulation of Investigative Powers Act (2000).

2.2 Equality Impact Assessment

During the creation of this document, this business area is subject to an Equality Impact Assessment (EIA). Its aim is to establish the impact of the business area on all people and to also ensure that it complies with the requirements imposed by a range of legislation.

2.3 Any Other Standards NPCC National Threats to Life Guidelines (January 2017)

2.4 Monitoring / Feedback The following will be monitored:

1. The number of Threat to Life Warnings issued. 2. Whether the warning given was correct in the circumstances. 3. How long the Threat to life Warnings remains live. 4. How the risks identified have been dealt with.

The Force Actions Manager will be responsible for the monitoring.

The above will be notified every time a new Threat to life Warning is issued in order to quality assure it. Niche will be used to record details of the Threats to life Warning allowing for automatic reminders to be sent to the Officer in charge. Reminders will be sent every 3 months and responses monitored by the Force Intelligence Manager.

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Feedback relating to this policy can be made in writing or by e-mail to:- Director of Intelligence Address: Force Intelligence Bureau, Dorset Police Force Headquarters, Winfrith, DT2 8DZ E-mail: [email protected] Telephone: 01202 222 222 or 101

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3 Procedure Section

3.1 Procedure 4.1.1 Dorset Police deal with allegations of threats to kill or similar crimes on a daily basis

and there are clear guidelines relating to the investigation of these as allegations of crime, each case being judged on its merits, with the needs of the victim being addressed as part of the investigation.

4.1.2 Dorset Police already has clear procedures in place to deal with planned firearms

operations, almost by definition containing threats to life. Likewise terrorist incidents and bomb threats have robust and well-tested procedures in place. Nothing within this protocol seeks to change the way such incidents are managed.

4.1.3 Any threat to human life must be treated as a priority. There is a myriad of ways in

which a threat could be communicated to police. In each case it is important that the individual dealing with the informant or information appreciates the potential importance of that first contact.

4.1.4 Particular care must be taken when dealing with incidents of domestic abuse. During a

domestic incident, threats of violence or threats to kill are often made between the parties involved. These matters should be dealt with under the existing domestic abuse policy. However due consideration should be given to the threats to life policy. If there is any doubt, the onus is on the attending Officer to bring the matter to an Inspector at the earliest opportunity and it will be for the Inspector to assess the information and decide if the Threats to Life policy should be applied.

4.1.5 Nothing within this policy is intended to prevent or delay any officer from taking action

to preserve life where the officer has an honestly held belief that such urgent action is necessary, or is acting in response to an immediate or high graded incident.

3.2 Receipt of Threat and Initial Action 4.2.1 A perceived or potential risk is defined as 'when considering all the circumstances

relating to an individual, their involvement with or knowledge of a crime or criminal behaviour or any other relevant information, a risk is identified that they may be exposed to a fatal attack or serious injury.’

4.2.2 A threat to life may be received in a number of ways, but it will inevitably fall into one of

two categories. It will be either;

• A threat coming to police or other law enforcement agency (LEA) attention through an evidential or investigative process; or

• A threat coming to police or other LEA attention from an intelligence

source(s), either anonymous or evaluated 4.2.3 While the separate categories eventually entail different considerations, all threats to

life must be assessed in the same way according to this procedure.

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4.2.4 In any event, dealing with a threat to life will follow a logical path, although the urgency

of any given situation will sometimes compress the separate stages of the process. The sequence of events is:

• Identification or receipt of the threat by Police • Documented assessment of the nature and severity of the threat (to include

an initial investigation and classification)

• Response to mitigate the threat/risk - that is devising and initiating a strategy for preventative or disruptive measures;

• Resolution - that is initiating the agreed strategy, leading to the removal of the

threat/risk. • Monitoring - that is maintaining an overview of risk management measures

and managing level of risk as dictated by developing intelligence picture. 4.2.5 It is essential to remember that the nature of a threat/risk will change as more

information becomes available, and that it may therefore be necessary to reassess the threat/risk to ensure that subsequent action is both proportionate and appropriate. This can be achieved by an ongoing risk assessment and use of the National Decision Making Model.

4.2.6 Any member of Dorset Police receiving first notification of any threat to life will take all

immediate action necessary to obtain all available information, where possible, concerning the threat, such as details of suspect, victim, location, timescale, method, etc. and taking any immediate and reasonable steps to reduce the associated risk before the matter is referred to an Inspecting Rank. In addition, he or she will take all necessary steps to seize, obtain or preserve any evidence related to the threat.

4.2.7 Where there is a multi-agency or interdisciplinary element to an operation, command

protocols can assist in clarifying areas of responsibility and command function, channels of communication and primacy of command at various stages of the investigation.

4.2.8 The Gold Commander may hold a strategic coordinating meeting with all stakeholders

involved in the enquiry. 4.2.9 A command protocol can assist in identifying:-

• The desired outcome of the investigation • Who is responsible for achieving each of the tasks allocated • Who is responsible for minimising each risk identified • Who controls each of the resources • Who commands each separate geographic area • Procedures for the transfer of command, how communicated and recorded • How each of the functions will operate during the planning operational and post

deployment stages of the investigation.

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3.3 Allegation Record and Management 4.3.1 In the event of an allegation of a threat to life or to inflict serious harm being made by

the intended victim or someone acting on his or her behalf (either in person or by telephone), rather than intelligence coming to the attention of the Police first, the officer will cause an incident to be created on the Force Command and Control system together with a Niche entry, as soon as possible. The information will be reviewed by the Force Incident Commander as soon as practicable and will put in place any immediate measures required in order to safeguard the victim from the potential risk.

4.3.2 In respect of Command and Control entries the sensitivity of the incident or any

information source may require the incident to be restricted access. (Note:- any message created on the Command and Control system will be available for

all to read, the content of any sensitive text should be compiled accordingly - advice is available from Force Incident Commander (FIC) or Control Room Supervisors).

4.3.3 If information is passed to the Police by means other than via the Force Control Room it

will be at the discretion of the Detective Inspector / Superintendent as to whether an incident log should be created – for example the information is so sensitive that even a restricted log is not appropriate.

4.3.4 The security rating of intelligence submissions should also take into account the above

factors. The initial investigation should be extensive enough to enable a provisional classification of the allegation to be made.

4.3.5 The allegation must be brought to the attention of a Police Inspecting Rank as soon as

possible so that the provisional classification can be confirmed, or an alternative classification can be applied. A risk assessment must be carried out in all cases where the threat to life is classified as such.

4.3.6 He/she will be responsible for making an initial assessment of the threat to life. Where

the threat to life has been assessed as 'minimal', they will determine what investigative action is necessary and will initiate that action, e.g. Identification of the person making threat.

Nature and Sensitivity of intelligence 4.3.7 Where intelligence originates from a Covert Human intelligence Source (CHIS), the

CHIS Controller must conduct a ‘threat to life’ risk assessment that accords to the principles within this guidance. This is an additional requirement to one they would normally undertake in respect of intelligence they receive from a CHIS.

4.3.8 The CHIS controller is responsible for ensuring that adequate steps are taken to avoid

identification of the CHIS and it may on occasions be necessary to pass intelligence through the Regional Confidential Unit.

4.3.9 Where there is an intermediary individual or organisation that is dealing directly with the

source of the intelligence attempts to obtain further information must be made only through that intermediary.

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4.3.10 In either case a form of words must be agreed between the originating authority or CHIS Controller which will allow investigative action and further research to be undertaken. The CHIS Controller will then pass this information to the FIB DS who will be responsible for disseminating further intelligence and updates to the Senior Investigating Officer to act upon and he/she must be advised as to the possibility for source tasking without disclosing or indicating the identity of its origin.

4.3.11 Such tasking will be routed through the FIB or where necessary the Confidential Unit

who will act as the conduit for such requests and may be subject to a protocol agreement. Records and the handling of sensitive intelligence must comply with ‘Preston’ obligations and the need to be maintained and disposed of in accordance with RIPA Section 15 guidelines as well as local procedures.

4.3.12 Notwithstanding the need to protect sources of intelligence, particularly those of a

sensitive nature, the obligation on the State still exists to take reasonable steps to protect a person’s Article 2 rights and includes passing on of relevant information whether to other police forces or the person at risk.

4.3.13 In such circumstances consideration must be given to providing those responsible for

dealing with these matters, background material and intelligence which would allow them to make informed decisions to determine the most appropriate course of action.

4.3.14 The sharing of relevant intelligence may not only be necessary to help protect members

of the public where there is a real and immediate threat but it may also be necessary to ensure that colleagues are not put at undue risk as well. This is particularly important when any concerns exist as to the integrity or security of an individual when an approach to and consultation with organisational ‘Professional Standards Units’ or ‘Security Departments’ may be appropriate.

3.4 Threat and Risk Evaluation

4.4.1 Threat to life matters can often transcend Force boundaries or involve more than one law enforcement agency. As a means to ensure the consistent and structured approach to dealing with these types of issues a Threat Risk Assessment process will be used.

4.4.2 The person making the initial assessment of a threat to life will be of Inspector rank who

will be responsible for ensuring the assessment is reasonable and that all available information has been taken into account. This will include the impact on the Community or its effect nationally. PNC and PND should be checked on all occasions in order to establish where there have been previous threats to life or other information relevant to the assessment of risk.

4.4.3 The officer conducting the threat/risk assessment must immediately liaise with a

Superintendent, or the SIO in the case of an ongoing major enquiry, where the risk matrix identifies the risk as ‘medium’ or ‘high’.

4.4.4 The following questions are recommended as a guide for completing a risk

assessment, but there may be other factors relevant to each particular circumstance:

• Is the victim identifiable, either by name, description, or membership of a group etc?

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• Is the suspect identifiable, either by name, description, or membership of a group, etc?

• Is the venue for the attack identifiable by name or description, or can it be deduced?

• What is the timescale for the attack; is it dependent on an event? • Are there any conditional factors; is the attack possible? For example, must

the victim or suspect do or fail to do something? • Is the intelligence evaluated, if so what is the grading? • What are the risks to the source of the intelligence? • Is there an evidential allegation of crime that can be investigated overtly? • Is the suspect capable of carrying out the threat? E.g. does he have a history of

violence, access to weapons, access to the victim, physical ability, etc? • Does the suspect intend to carry out the threat? Have any preparatory acts

been carried out, have previous threats been made? Is it to be believed etc? • Does the suspect have any motivation to carry out the attack? For example, is

there a financial inducement? • Does the suspect have a grudge against the victim (either generic or

particular), has the suspect suffered loss or injury, etc?

3.5 Intelligence Evaluation 4.5.1 Current best practice agreed by NPCC, NCA and HMRC dictates that intelligence is

evaluated according to three factors, namely the source, the intelligence, and the permitted dissemination.

4.5.2 The object of the National Intelligence report is to ensure the best possible protection

for, and assessment of, sources of intelligence, while at the same time safeguarding the rights of individuals. It is also designed to enable an objective judgement to be made of the value and reliability of the intelligence contained in the report. The dissemination codes were added to meet requirements of the Human Rights Act and the Data Protection Act. It is important when considering a response to a threat to life that the dissemination code, if included, is taken into account and complied with.

4.5.3 Anonymous threats to life received from intermediaries should normally be regarded as

untested intelligence that can be disseminated to other law enforcement agencies. 4.5.4 Further advice and guidance on intelligence evaluation and its assessment can be

obtained from the Force Intelligence Bureau.

3.6 Response

Threat Types, Actions and Responses 3.6.1 Minimal Threats/Risk:

When an initial risk assessment concludes that there is no real threat/risk, the threat to life can be regarded as minimal and a Police Inspecting Rank will record the fact.

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4.6.2 Actions Regarding Minimal Threat/Risk

Detective Inspectors should use the threat assessment; form W1, at Appendix A. If, having considered the threat they conclude that there is no real threat it can be regarded as minimal.

The assessment conclusion will be recorded on the Command and Control system if appropriate and an Intelligence entry should be made.

Where a Niche Occurrence has been recorded the assessment conclusion will be recorded on the updated OEL. The conclusion that a threat is minimal does not eliminate the need for investigation of an allegation of threat to life if the allegation has been classified as such.

This process should not change the current position of investigating offences of threats to life which are clearly cases where there is no intent to carry out that threat. The usual processes of recording and investigating such incidents should continue.

In addition to a written record of the conclusions of the considered assessment, the Inspecting Rank will ensure that a suitable entry is put on niche unless a Superintendent directs otherwise. Any decision not to make an entry on the intelligence database must be recorded by the Superintendent. Due consideration must be given to protection of intelligence sources when creating entries.

Where an intelligence entry is made it must include permissible identifying details of both suspect and intended victim where possible, and an indication of the nature of the threat, the result and the date. The fact that an assessment has been carried out is also to be included.

If any additional information comes to light at a later stage that indicates that the threat has been increased, an Inspecting Rank will be responsible for ensuring that the matter is reassessed and any necessary action is taken.

The Inspecting Rank responsible for dealing with the threat/risk will make a record of his/her decisions and actions.

All documentation should be sent to the Force Actions Manager, FIB, Bournemouth. Where it becomes apparent that a person is being repeatedly subjected to minimal level threats there may be a need to initiate action to counter possible harassment or underlying domestic difficulties. Any new information should be reviewed as it arises, and all possible measures should be taken to develop that information. 3.6.3 Medium Threat/Risk A medium threat is a threat that is conditional (that is, it is dependent on some enabling factor that is not currently satisfied), or one where the subject does not have the current ability or opportunity to carry it out. By definition, a medium threat can escalate rapidly to become a high threat if circumstances change.

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4.6.4 Actions regarding Medium Threat/Risk Where the threat is assessed as being greater than minimal it will fall into a category of either medium or high. If a threat has been assessed as being above 'minimal', a Superintendent will be responsible for reviewing all the information concerning the threat/risk and for making his or her own assessment of it. The Superintendent will decide on the level of threat/risk once his or her assessment has been carried out and appoint an appropriate SIO who will assume the primary role of the police response and undertake all reasonable steps in line with this procedure. In appropriate cases the option to declare this as a 'critical incident' will have been considered. When a medium threat/risk has been identified the Superintendent will ensure that steps are taken for any new information to be reviewed as it arises, and that all possible measures are taken to develop that information. Any change in information will require a reassessment of the threat. The Superintendent will ensure he/she maintains an appropriate record of events and facts supported by Niche entries. If the Superintendent decides that no entry should be made on the system he or she must record that decision. The Superintendent will be responsible for managing, reviewing the risk and threat and ensuring all necessary action is taken to minimise it. They must also consider notifying the 'on call' Gold officer. When a medium threat has been identified, the Superintendent will ensure that steps are taken to ensure that any new information is reviewed as it arises, and that all possible measures are taken to develop that information. Any change in information will require a reassessment of the threat. The Superintendent will consider any of the range of tactical options available to him or her to eliminate or minimise the threat to the intended target, the public or the police (see Appendix A) The Superintendent will ensure that a suitable record of the facts is entered in a policy book (or similar recognised documentation). 4.6.5 High Threat/Risk A high threat is a credible threat to an identifiable individual, or by an identifiable individual, or at an identifiable location. It may be conditional. The threat becomes immediate if it is likely to be carried out in the near future. 4.6.6 Actions Regarding High Threat/Risk

A risk assessment conducted in respect of an individual who may be subject of a perceived/potential risk (but where there is no direct/indirect threat made) may be determined to be high/medium risk using the matrix on the risk assessment.

Where the threat / risk is assessed as high, the Superintendent will be responsible for taking all immediate action to minimise the threat to the intended victim, the public and LEA officers and declare this as a 'critical incident’.

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The Superintendent will ensure he/she maintains an appropriate record of events and facts supported by Force Intelligence system entries. If the Superintendent decides that no entry should be made on the system he or she must record that decision.

The Superintendent is advised to liaise with the Force 'on-call' Senior Investigating Officer.

The Superintendent will notify the on-call Gold officer.

Police response to resolve a high threat to life must be decided by a Gold Commander who will appoint a Senior Investigating Officer as appropriate.

The on-call GOLD command may if necessary convene Gold Group as required involving all relevant parties, including representatives of specialist units where appropriate. The Gold Group will agree a strategy to deal with the threat, and identify clearly the roles and responsibilities in delivering the Force response. The Gold Commander will appoint an appropriate Investigating Officer.

The Gold Commander will ensure that a full record is kept of all decisions and procedures which have been endorsed by those involved in the decision making and strategy developing process.

Note: references to Superintendent means Command/'on call' Superintendent or in the case of an ongoing major investigation the Senior Investigating Officer who may be a Detective Superintendent or Detective Chief Inspecting Rank or other LEA equivalents.

4.6.7 Actions regarding Children

For the purposes of the TTL risk assessment, a child is considered to be any persons under the age of 18 years old as outlined within the Children Act 1989. To ensure the safety of all, there is a need for a multi-agency response to ensure that all partners contribute to the risk assessment enabling a robust safeguarding plan in adherence with Working Together to Safeguard Children 2018. Completion of the TTL assessment is the responsibility of Dorset Police. However, where an individual who has been, or is due to be, served a TTL notice is a child or resides with or has regular contact with a child, Dorset Police will be required to work together with Children's Services. There will be a requirement for Dorset Police to discuss the case with Children’s Services before serving the TTL in circumstances where children are involved. However it is acknowledged that in some cases children may only be identified on serving of, or after serving of, the TTL. When a child is identified, an immediate discussion should take place with a DS within the Safeguarding referral unit (SRU) situated in the Multi-agency Safeguarding hub (MASH). If this is out of hours the on-call CAIT DS must be contacted. The CAIT/SRU DS will liaise with Children Social care (CSC) and in line with Working Together to Safeguard Children 2018. A strategy discussion will be held/convened to determine if a section 47 enquiry is required. Whilst undertaking the strategy discussion it is important to recognise the child protection framework is predicated on a familial approach to assessing risk with the inherent assumption that parents may be partly responsible for the abuse that the child is experiencing. In cases of organised crime and threats to life the reality is that the risk maybe derived from outside of the family network. This inherent assumption inevitably can too readily place the focus of intervention on parenting ability and not on the risks that are outside of parents’ influence. Where there are immediate concerns regarding the safety of a child who has been or is due to be served a TTL or is in contact with someone who has been served or is due to be served at TTL,

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removal of the child from risk of significant harm as outlined in the Children Act 1989 may precede the strategy meeting. In these circumstances a meeting should still be convened at the earliest opportunity once the child is no longer at risk of harm. The level of risk identified will be communicated to all partners with an interest. Consideration should always be made about notifying other agencies involved with families who are subject of threat to life notices. Agencies such as Schools, Housing, Health, Youth Offending and other statutory and voluntary partners may be working with the families or undertaking home visits to the address and it is essential they are provided with the appropriate information to safeguard their staff in carrying out their duties and to ensure that other service users/pupils are not at risk. Dorset Police will need to agree a form of words to be shared with partners to do this to ensure confidential information is not shared which could place other people at risk of harm. It is imperative that information is shared with Schools to ensure that any children affected by threat to life notices attending the school are: Provided with the appropriate support Not placed at further risk by having contact with children of individuals who may be involved with the Threat to Life; e.g. opposing gang members, organised crime groups Aware of the appropriate action to take should an individual who has been served the TTL attend at the school premises to collect or visit a child The school will need to implement an appropriate risk assessment and action plan should any of the above occur. In circumstances where a child has been served a TTL, a risk assessment would need to be undertaken to determine if it is appropriate for the child to continue attending the school premises as they may pose a risk to themselves and other children. The school would need to identify an alternative education provision if it was deemed unsafe. The above should be considered as part of all strategy meetings that are convened and relevant agencies invited to share information. As part of the Dorset Police Gold command process the senior officer will consider the wider community impact and appropriate actions to safeguard communities affected by the Threat to Life.

3.7 Resolution 4.7.1 Resolving Minimal Threats/Risk to Life

Minimal Threat where an allegation has been made: An Inspecting Rank will ensure that the allegation is investigated and that the investigation is recorded on the Command and Control System (where appropriate), Niche (so that any subsequent information concerning the threat will be brought to their attention) and that all documentation is collated and finalised on Niche.

Minimal Threat where no allegation has been made: An Inspecting Rank will ensure that a suitable entry is made on the Command and Control System (where appropriate), Niche (so that any subsequent information concerning the threat will be brought to their attention) and that all documentation is collated and finalised on Niche.

No further action need be taken unless more information comes to light.

4.7.2 Repeated Minimal Threats:

Where it becomes apparent that a person is being repeatedly subjected to minimal level threats there may be a need to initiate action to counter possible harassment or underlying domestic difficulties. The Inspecting Rank will ensure that the person making the intelligence entry conducts a search to establish if previous incidents have been recorded. There is nothing to prevent the officer dealing with

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repeated minimal threats to escalate the threat to ‘medium’ if they feel that the number of such threats is likely to impact on the risk to the victim/community /nationally.

The Inspector will ensure repeated threat is recorded on the Command and Control System (where appropriate), Niche (so that any subsequent information concerning the threat will be brought to their attention) and that all documentation is collated and forwarded to the Force Actions Manager.

4.7.3 Risk Assessment Low

When a risk assessment (as per Appendix A) is conducted in respect of an individual who may be subject of a perceived/potential risk (but where there is no direct/indirect threat made) and that risk is considered low using the matrix on the risk assessment, then the completed risk assessment detailing any police intervention is to be retained and attached to the Threats to Life Action. 4.7.4 Resolution of Medium and High Level Threat/Risk;

Police response to resolve a high threat to life must be overseen by an officer of NPCC rank or appointed Gold commander who will appoint a Superintendent and an appropriate investigating officer to take charge of it.

In appropriate cases an NPCC or appointed Gold commander officer must be notified of the planned response to a medium threat to life.

Primary concerns are the safety the victim of the threat / risk and the safety of members of the public and LEA personnel. It will be the responsibility of the senior officer dealing with the threat to ensure that all immediate steps have been taken to minimise the risk. A menu of tactical options is appended to these operating procedures to assist in determining the measures available.

The safety and integrity of Intelligence Sources is also of major importance and extensive consultation should take place with the originating authority in all high and medium threat cases where a warning is to be given to the victim of the threat, or where any overt disruptive action is intended and no action should be taken until a 'Forms of Words' upon which to rely has been agreed. Among the options available to resolve a threat are a proactive response, a disruptive response, and an option to warn the intended victim or assailant. A combination of any or all of these options may be the most suitable according to the circumstances. A proactive response may entail measures such as removing the victim to a place of safety offering protection, while conducting covert investigations to identify the assailant/potential assailant. Other options may include deployment of covert sources and techniques to obtain evidence or intelligence on the potential assailant, or in some circumstances to mount an operation against the intended victim. In any proactive response, the strategy must be clear and understood by those entrusted with its implementation, and it must be formally agreed and documented by the NPCC or appointed Gold commander overseer.

A disruptive response will be designed to prevent the intended/potential attack from occurring. Options for disruptive tactics are to be found in Appendix A, which are attached to these procedures but are not exhaustive and may have little or no impact and as such consideration should be given to contingencies in such events.

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Where a disruption is planned, the Senior Officer in charge must take into account any collateral risks to the public or LEA personnel, as well as considering the safety of the intended victim. A separate and appropriate risk assessment is to be carried out for this disruption operation by the Investigating Officer.

The senior investigating officer will be responsible for obtaining appropriate advice and guidance from specialists when planning to disrupt a threat to life high/medium risk. Such specialists may include Tactical Firearms Commanders (TFC), local patrol officers/staff, or members of an independent advisory group.

3.8 ‘Threats to Life Disruption/Warning Notices’ 3.8.1 Article 2 of The Human Rights Act 1998 enshrines the right to life in British law. Other

British and European legislation places an obligation on law enforcement agencies to take all reasonable steps to protect a person whose life is in 'real and immediate' danger from the criminal acts of another.

3.8.2 Ultimately the question a court will ask is whether in the circumstances officers “failed to take measures within the scope of their powers which judged reasonably might have been expected to avoid that risk (to life)", (Osman -v- UK (1998).

3.8.3 A warning to an intended victim may be issued when the officer in charge, believes that the intended victim should be made aware of a threat/risk against them. The warning process is known as the service of a 'Threats to Life Warning Notice' and is more commonly referred to as an Threats to life warning.

3.8.4 The purpose of a warning is to notify the potential victim of the existence of a threat/risk towards them and to allow the said person to take precautionary steps to protect themselves, or to allow the victim an opportunity to consider the protective measures proposed by the police. A warning is not intended to allow the intended victim to initiate a pre-emptive strike against the attacker, nor to allow him/her to identify intelligence sources and due consideration should also be given to the potential threat the victim would then pose towards any potential assailant.

3.8.5 A warning to the assailant may be issued when the officer in charge believes that the assailant should be made aware that the existence of the threat/risk posed by them is known. The warning process is known as the service of a ‘Threats to Life Disruption Notice’. A warning is not intended to allow him/her to identify intelligence sources but remains a tactical option to consider particularly when the identity of the potential victim or location is unknown or is unclear.

3.9 Warnings to Intended Victims/Assailants 3.9.1 As a general rule, when a person is considered to be in real and immediate danger from

the criminal actions of another, police should warn the intended victim of the threat/risk against them (Medium and High risk threats).

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3.9.2 A warning should be given unless there are reasonable grounds not to do so. When considering whether to inform the victim or his/her family, the following should be considered which also applies to warnings intended for the assailant:

• Is it likely that the warning may result in violence against another person? • Is it likely that the warning may reveal the existence or nature of an intelligence

source and it is likely that the harm caused by the revelation will be serious? • Is this the first occasion a warning has been given or is it in a series? • Is this a strategic attempt by either party to 'out' and identify the intelligence source? • Is it likely that the warning may exacerbate existing violence? • The service of a warning may not be effective, if so, what contingencies are in place?

3.9.3 A Superintendent who decides to issue a warning to an intended victim or a ‘Disruption

Notice’ to an assailant should consult with the senior investigating officer if the incident relates to an ongoing major investigation as a means to establish the risk and impact to that enquiry by such action. In cases overseen by Gold then they should be notified.

3.9.4 Where he or she decides not to warn an intended victim or an assailant the rationale for doing so must be documented and in cases overseen by gold this decision is to be endorsed as appropriate. If a warning is not issued, the Gold officer must detail any alternative strategy to minimise the threat. Such measures may include a proactive investigation of the intended victim or assailant, or covert protective measures.

3.9.5 Where a warning is not issued the intelligence must be monitored and the assessment must be reviewed accordingly.

3.9.6 The decision not to warn a victim/assailant must be recorded (on the risk assessment form - within control measures) together with the reasons for that decision.

3.9.7 If a warning is to be issued, an experienced officer who has been fully briefed on all the circumstances of the case, including any sensitivity surrounding intelligence sources, will be assigned to deliver the warning. The warning should contain sufficient information to allow the intended victim to make a decision on what steps he or she wishes to take for his or her own protection. In the case of a ‘Disruption Warning Notice’ it will contain sufficient detail to inform the assailant that information is available to the police that indicate their involvement in a 'threats to life case’.

3.9.8 The warning should not include any unnecessary detail that could compromise sources or techniques, or jeopardise other law-enforcement operations. It is important that any warning given is fully understood by the intended victim/assailant and due consideration should be given to the use of interpreters or other suitable intermediaries as appropriate.

3.9.9 A risk assessment should also be undertaken on those delivering the warning given attempts may be made by the victim or assailant to gain more information and knowledge about the source of the intelligence than is otherwise intended to impart. Where possible the officer selected should not have any involvement in an ongoing investigation to which a ‘threat to life’ issue may refer or have direct access to the source of the intelligence so as to avoid such matters.

3.9.10 The Detective Inspector in the case (with oversight from a Superintendent) should determine the appropriate wording of the ‘Warning/Disruption Notice’ based upon an agreed 'form of words' in consultation with the disseminating authority. Best practice indicates that a personal interview between the officer delivering the warning and the

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intended victim/assailant should be recorded and signed by the intended victim/assailant, stating that a warning has been given and recounting the words used. The specimen warning pro forma will be used on all occasions. (See Appendix A for Threats To Life Notice).

3.9.11 If the intended victim/assailant cannot or will not sign a statement recording the warning, the officer giving the warning will make a record of the warning and the fact that they did not wish to, or could not, sign a statement. An officer giving a ‘warning notice’ should make the intended victim aware of any protective measures proposed by police including removing or re-housing them and should record any measures that the intended victim proposes to take on his or her own behalf.

3.9.12 ‘Warning/Disruption Notices’ should be given in person and letters must not be sent to subjects of the threat. Within these procedures there are numerous references to the recording of decision making and assessments of risk, The Risk Assessment form should be utilised for this purpose wherever possible. A copy of the form is shown at Appendix A.

3.9.13 On advice from Counsel, warning letters must not be issued or sent to intended victims without the express written authorisation of a Superintendent.

3.9.14 Counsel also advises that letters to intended victims stating that police are aware of intelligence indicating that a person's lifestyle is such that they are placing themselves in danger must not be issued or sent without the express written authority of a Superintendent.

3.9.15 Following the issue of an Threats to life Warning the person responsible for the issue of the warning, will ensure that a Niche entry is created, detailing the circumstances leading to the issue of the Threats to life Warning and request that the individual is flagged ‘THREATS TO LIFE WARNING’ (be they victim or offender).

3.9.16 For ease of reference, a flow chart showing the main points of the response and warning process is attached at appendix A.

3.9.17 It should be noted that the matter will not be finalised until the assessing officer has deemed that there has been a ‘resumption to normality’ as part of the review process.

4.10 Monitoring of Threats

4.10.1 Administration

A threat to life or to cause serious harm may be received in different ways by the Force such as a call to the Force Control Room, information from a Covert Source or through investigating an offence. In order to provide consistency as to how threats are recorded, assessed and resolved all such threats will be recorded on the form W1 (Appendix A)

Where a threat is being investigated as a crime then a Crime record will be opened.

All paperwork when completed will be collated and finalised on Niche.

The Force Action Manager will check to ensure a niche record has been submitted and the relevant warning flags have been attached to the victim and suspect.

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4.10.2 Managing Ongoing Threats to Life Investigations:

In all cases, particularly where a ‘Warning/Disruption Notice’ has been given reviews must be carried out as indicated below:

• Initial review to be made within 48 hours after the issue of the warning, or as soon as is reasonably practicable, and

• Monitor further intelligence updates and review the assessment accordingly, and • Record the decision making process, and • Consider the re-assessed risk factor to determine the appropriate police

response. Any subsequent reviews to be made no longer than 7days after the previous review and every 7 days thereafter until there is deemed no longer a threat.

A review action will be created by the Force Action Manager and will be sent to the officer responsible every 4 weeks in order that a formal, recorded review can be completed. All current threat to life warnings will be displayed on the agenda for the weekly covert operations meeting (MOCU), Chaired by the Director of investigations. Where a decision is made that a risk or threat no longer exists, the decision making process and rationale will be recorded within the tracking document. The issuing of a threat to life warning should not be treated as an exit strategy.

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4 Consultation and Authorisation

4.1 Consultation

4.2 Authorisation of this version Version No: 2.4 Name Signature Date

Prepared: TDCI N Phillips 26/06/2019

Quality assured:

Authorised: TDCI N Phillips 26/06/2019

Approved:

5 Version Control 5.1 Review

Date of next scheduled review Date: 26 June 2020

5.2 Version History

Version No: Name Signature Date Police & Crime Commissioner

Police Federation

Superintendents Association

UNISON

Other Relevant Partners (if applicable)

Version Date Reason for Change Created / Amended by 1.0 24/02/04 Initial Document D/Supt James 2.0 18/02/2014 New monitoring processes.

New Threats to life form. Greater emphasis on review. Significant changes made to document

D/Insp Beashel

2.1 9/4/14 Change of policy title from Threats to life Warnings to Threats to Life Policy and Procedure. Minor

A/D/Supt M Callaghan

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5.3 Related Forms

Force Ref. No. Title / Name Version No.

Review Date

W1 Threats to Life Assessment 1 W1a Threat to Life Warning Notice 1 W1b Threat to Life Disruption Notice 1

5.4 Document History Present Portfolio Holder C/Supt 2505 M Callaghan Present Document Owner C/Supt 2505 M Callaghan Present Owning Department Crime and Criminal Justice Details only required for version 1.0 and any major amendment i.e. 2.0 or 3.0: Name of Board: Date Approved: Chief Officer Approving:

(Template version August 2017)

amendments made at 3.6.4 ‘NPCC to Gold’ and 3.9.11 ‘Detective’ deleted prior to Superintendent

2.2 22032015 Removal of Osman reference. Additional paragraph added at 1.1. Additional paragraphs added at 3.14 and 3.15.Intelligence evaluation section (3.5)re-written in line with new grading system to be implemented 5x5x5 comments removed. Risk assessment scoring matrix added to appendix A.

D/Insp Sweetzer

2.3 07/08/2017 Document placed onto updated policy template (Aug 2017)

Policy Coordinator (6177)

2.4 26/06/2019 Additional paragraph 4.6.7 added to include procedure regarding children. Handling instructions updated.

TDCI 1877 Phillips Kaz Duke-Glover (6539)

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APPENDIX A: THREATS TO LIFE WARNING AUTHORISATION & RISK MANAGEMENT LOG

PERSON COMPLETING THIS REPORT: Name: Force:

Rank/Position Div/Dept:

Telephone: Mobile:

Email (If not Dorset Police Staff)

SUBJECT - INTENDED VICTIM(S); Name: Name:

DOB: DOB:

Gender: Gender:

Ethnicity (Self Defined): Ethnicity (Self Defined):

Ethnicity (Physical Appearance): Ethnicity (Physical Appearance):

Alias name(s):

Alias name(s):

Address:

Address:

Description:

Description:

Vehicle(s):

Vehicle(s):

PNC ID: PNC ID:

Warnings:

Warnings:

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SUBJECT – THREAT MAKER(S);

Name: Name:

DOB: DOB:

Gender: Gender:

Ethnicity (Self Defined): Ethnicity (Self Defined):

Ethnicity (Physical Appearance): Ethnicity (Physical Appearance):

Alias name(s):

Alias name(s):

Address:

Address:

Description:

Description:

Vehicle(s):

Vehicle(s):

PNC ID: PNC ID:

Warnings:

Warnings:

PREVIOUS WARNINGS ISSUED Previous Warning Issued to Victim? Y/N

If ‘Yes’, Date warning issued Previous Warning issued where threat-maker involved? Y/N If ‘Yes’, Date warning issued OFFICER CONDUCTING CHECK FOR PREVIOUS THREATS TO LIFE WARNINGS: Name: Collar Number:

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BRIEF SUMMARY OF INCIDENT (THREAT / RISK)

OCCURRENCE NUMBER IF APPLICABLE

INCIDENT LOG NUMBER IF APPLICABLE

RISK ASSESSMENT: Is the intended target a witness in a current case?

Y/N

Has the intelligence/information around the threat been corroborated in anyway? (i.e. has come from 2 sources)

Y/N

If ‘Yes’, how?

Is the victim’s address known to the suspect?

Y/N

Is the victim’s place of work known to the suspect? Y/N

What is the timescale of the attack? Is the attack dependent on an event? Provide details (E.g. the target withdrawing a complaint)

Y/N

Has the intelligence been evaluated, if so what is the grading?

Y/N

Are there any risks to the source of the intelligence? Y/N

Is there an evidential allegation of crime that can be investigated overtly? Y/N

Does the suspect have the motivation to carry out the threat? i.e. financial inducement, grudge against the victim, looking for revenge. Provide details.

Y/N

Is the suspect’s situation such that the carrying out of the threat will have little impact upon them? i.e. already facing considerable prison sentence/under severe financial pressure. Provide

Y/N

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details. Does the suspect have the capacity to carry out the threat? i.e. history of violence, access to firearms or other weapons, access to the victim, physical ability etc

Y/N

Has the suspect carried out any preparatory acts? i.e. Travelled to the area, made previous threats, caused damage to property belonging to victim? Provide details.

Y/N

Does the victim have a lifestyle that inherently exposes them to risk and threats? i.e. are they involved in drug supply, debt collecting?

Y/N

Firearms / Lethal Weapons Intelligence ( show log number, date of log & summary)

Y/N

Other Relevant Intelligence

Y/N

PRIORITISATION OF RISK

Choose an option from the probability of risk table and one from the impact table then multiply the two together to identify the risk rating. Then apply the assement of threat and analysis of risk to other catergories of individulas or locations who may become involved to gain a more complete assessment of the risk. The risk rating will assist to identify the level of risk as ‘Low’, ‘Medium’ or ‘High’ PROBABILITY OF RISK

Very Unlikely 1. Unlikely 2. Possible 3.

Likely 4. Very Likely 5.

IMPACT OF CONSEQUENCES (i.e. who would be effected and to what extent)

Minor 1. Threat/Intimidation only

Appreciable 2. Minor Injury Major 3. Incapacitating injury

Severe 4. Potentially Fatal Catastrophic 5. Fatal

Risk Rating= Probability x Impact =

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0 9 10 19 20 25 LOW MEDIUM HIGH

If ‘medium’ or ‘High’ inform ‘on call/duty’ Supt who will provide advice and support

1 Minor

2

Appreciable

3

Major

4

Severe

5

Catastrophic

Force

Minimal impact on resources

and reputation

Local concern/

community impact

Impact or concern to

divisionor area

Impacts on

force resources and reputation

Significant

national focus. Reputational

damage

Community/ regional

Local Media

Interest

Community

Tension/ Property Damage

Retailiatory

attacks, minority groups

Vigilantism loss

of public confidence

Localised

disorder/protests

National

National media

interest

Political lobbying

National protest

Riots or civil

unrest

Terrorist activity

GRADING OF RISK TO VICTIM

Minimal Threat/Risk (Inspector) Threat has been considered and there is no real threat at this time.

Y/N

Medium Threat/Risk (Superintendent)

A medium threat is a threat that is conditional (that is, it is dependent on some enabling factor that is not currently satisfied), or one where the subject does not have the current ability or opportunity to carry it out. By definition, a medium threat can escalate rapidly to become a high threat if circumstances change.

Y/N

High Threat/Risk (Superintendent)

A high threat is a credible threat to an identifiable individual, or by an identifiable individual, or at an identifiable location. It may be conditional. The threat becomes immediate if it is likely to be carried out in the near future.

Y/N

Risk to Community Risk to Offender

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Risk to Police ASSESSMENT MADE BY: RANK/NAME

DATE/TIME

PROPOSED ACTION

Threats to life Warning to be issued:

Y/N

Rationale: Does action taken involve use of Police Powers? Y/N If ‘Yes’ what powers or policies: Does the proposed action/non-action impact upon Human Rights Articles? If so how? (Eg Right to Life, Private life)

Y/N

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Rank/Name of authorising Officer

Threats to life Warning issued to:

Time / Date

Location at time of issue

Warning given by

Victims response to warning, i.e. level of concern Expressed.

ACTION TAKEN TO MINIMISE THREAT

MENU OF TACTICS FOR DISRUPTION AND/OR PREVENTION (Tick those implemented)

Arrest of Suspect Response plan completed & flags placed on

victim & address.

Arrest of Victim Closure of victims social networking sites

Intended target notified DSU tasking for corroboration of intelligence

Victim moved to an address unknown to Suspect.

Firearms Commander consulted where risk of firearms; or weapons that are otherwise so dangerous.

Victim has additional adults staying with them.

ANPR marker added to known vehicle of suspect giving warning if vehicle in area.

Police alarm fitted to location Marked Police vehicle left at premises

Additional target-hardening measures fitted to location.

Victim temporarily removed to Police Station

High visibility Policing tasked for the area Cameras installed at premises

Cocooning – Neighbours made aware of issues in order to report suspicious activities.

Surveillance placed on victim/suspect

Deployment of Mobile ANPR to area Use of OP/Spotters

Issue of S.60 authority for stop & search Warning to suspect that Police aware of threat.

Issue of S.4 PACE road check Engineer covert notification of threat to intended target.

Overt use of CCTV system in locality. Briefing slide placed on itask.

Licensing Act – S.179A Closure of premises for 24 hours.

Appropriate use of harassment legislation.

Mobile ANPR deployed in target area Deployment of ARV to patrol area

Regular overt visits to subject address Use of media to publicise increased Police activity

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Consultation with protected persons unit Other measure (describe)

Other measure (describe) Other measure (describe)

Other measure (describe) Other measure (describe)

REVIEW

Review Period

Set by

Officer responsible for review

REVIEW RESULT

Risks remain (Explain why)

Level of Risk reduced (Explain why)

Risk no longer exists (Explain why)

CLOSURE OF POLICE INVOLVEMENT

Reason

Authorised by (Rank, Name, Collar Number (Must be of Superintendent rank)

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At all stages consider the National Decision Model.

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APPENDIX B: DEALING WITH THREATS TO LIFE – ASSESSMENT

Intelligence received concerning threat to life

Detective Inspector • Ensures that any necessary immediate action is taken • Ensures information is evaluated • Commence Threats to life Warning Form • Conducts a risk assessment

Is threat to life considered real? • What is the assessment of the suspect’s intentions based on the available intelligence? • How capable is the suspect of carrying out the threat (including access to weapons)? • What is the likelihood of the suspect carrying out the threat?

Yes No

Contact duty Superintendent who will be responsible

for reviewing information/intelligence & risk assessment.

MINIMAL RISK - Threat to life not considered real. Record details & decision on Threats to life Warning

Form. Ensure relevant intelligence submitted. Reassess if further information comes to light; Investigation of threat will need to continue.

Is the threat immediate? Is the threat unconditional i.e., not dependent on an enabling factor?

OR Does the suspect have the opportunity to carry out the threat?

AND/OR Is the threat to an identifiable individual OR by an identifiable individual OR is there an identifiable location?

HIGH RISK – Real and immediate threat to life of an identifiable individual OR by and identifiable individual OR of an unidentified

individual at an identifiable location.

RESPONSIBILITIES OF SUPERINTENDENT: Take any immediate action required to minimise the threat;

Maintain Policy Book recording decisions and reasons; Notify on-call Gold Commander.

RESPONSIBILITIES OF ON-CALL GOLD COMMANDER; Convene Gold Group (if required) involving all relevant parties; Gold to appoint SIO, and

develop strategy to deal, with identified roles and responsibilities; ensure that full record of decisions made is kept.

1.1.1 MEDIUM RISK Any further intelligence?

Review and develop additional intelligence; Conduct new risk assessment if

intelligence changes; Consider tactical options;

Record decisions;

No Yes

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APPENDIX C: NPCC RISK PRINCIPLES FOR THE POLICE SERVICE Principle 1: The willingness to make decisions in conditions of uncertainty (i.e. take risks) is a core professional requirement of all members of the Police Service. Principle 2: Maintaining or achieving the safety and well-being of individuals and communities is the primary consideration in risk decision making. Principle 3: Risk taking involves judgement and balance, with decision makers required to consider the value and likelihood of the possible benefits of a particular decision against the seriousness and likelihood, of the possible harms. Principle 4: Harm can never be totally prevented. Risk decisions should, therefore, be judged by the quality of the decision making, not by the outcome. Principle 5: Taking risk decisions, and reviewing others’ risk decisions, is difficult so account should be taken of whether they involved dilemmas or emergencies, were part of a sequence of decisions or might appropriately have been taken by other agencies. Principle 6: The standard expected and required of members of the Police is that their risk decisions should be consistent with those a body of officers of similar rank, specialism and experience would have taken in the same circumstances. Principle 7: Whether to document a decision is a risk decision it itself which should, to a large extent, be left to professional judgement. Deciding whether or not to make a record, however, and the extent of that record, should be informed by consideration of the likelihood of harm occurring and its seriousness. Principle 8: To reduce risk aversion and improve decision making, policing needs a culture that learns from successes as well as failures. Good risk-taking should be identified, celebrated and shared. Principle 9: Since good risk taking depends upon quality information, the Police Service will work with partner agencies to share relevant information about those who pose risk or those who are vulnerable to the risk of harm. Principle 10: Members of the Police Service who make decisions consistent with these principles should receive the encouragement, approval and support of their organisation.

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APPENDIX D: THREAT TO LIFE WARNING NOTICE (Form W1a)

THREAT TO LIFE WARNING NOTICE

Mr/Miss/Mrs I am in receipt of the following information which suggests that your personal safety is now in danger. I stress that I will not under any circumstances disclose to you the identity of the source of this information and whilst I cannot comment on the reliability or otherwise of the source or the content of this information, I have no reason to disbelieve the account as provided. Insert here details of the threat Although Dorset Police will take what steps it can to minimise the risk, the Police cannot protect you from this threat on a day-by-day, hour-by-hour basis. I also stress to you that the passing of this information by me in no way authorises you to take any action which would place you in contravention of the law (e.g. carrying weapons for self-defence, assault on others or breaches of public order). Should you be found doing so then you will be dealt with accordingly. I therefore recommend that you take action to increase your safety. This may include fitting a burglar alarm, improving locks and bolts, changing your daily routine, always walking with an associate, being in possession of a mobile phone. It may be that you consider it appropriate for you to leave the area for the foreseeable future. This is a matter for you to decide. If you are going to stay away from your current address then you should notify the Police where you will be and how you can be contacted and you should nominate a close friend/relative that the Police can contact if necessary. I would ask that you contact the Police regarding any suspicious incidents associated with this threat. I ……………………………………….. acknowledge that at ……………. hours on ……………………. 20…….., the above notice was read out to me by ………………………… of Dorset Police. Signed……………………………….

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Name & Signature of Officer reading form…………………………………… Time………………………………. Date………………………………………… Name & Signature of Officer witnessing reading………………………….. Time………………………………. Date…………………………………………

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APPENDIX E: THREAT TO LIFE DISRUPTION NOTICE (Form W1B)

THREAT TO LIFE DISRUPTION NOTICE

Mr/Miss/Mrs I am in receipt of the following information which suggests your involvement that threatens the personal safety of another. I stress that I will not under any circumstances disclose to you the identity of the source of this information and whilst I cannot comment on the reliability or otherwise of the source or the content of this information, I have no reason to disbelieve the account as provided. Insert here details of the threat This information forms the basis of an investigation of which you are alleged to be a part and should evidence come to light that confirms or establishes your involvement in any criminal act then you will be dealt with accordingly. I therefore suggest that you take such action to ensure you or others who you know or believe may be involved in this matter to refrain from any act which would amount to a threat or use of violence towards another. The service of this warning does not preclude further police action being taken against you nor does it preclude you from reporting suspicious incidents associated with this threat which you regard as being directed towards you. If you are going to stay away from your current address then you should notify the Police where you will be and how you can be contacted and you should nominate a close friend/relative that the Police can contact if necessary. I would ask that you contact the Police regarding any suspicious incidents associated with this threat. I ……………………………………….. acknowledge that at ……………. hours on …………………………. 20…….., the above notice was read out to me by ………………………… of Dorset Police. Signed……………………………….

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Name & Signature of Officer reading form…………………………………… Time………………………………. Date………………………………………… Name & Signature of Officer witnessing reading………………………….. Time………………………………. Date…………………………………………

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APPENDIX F: PROTECTED PERSON GUIDANCE Protected person Guidance 1 Guidance

Dorset Police have adopted these Regional Guidance notes provided by the Protected Persons Unit to inform and outline for staff the local process that has been adopted for engagement with the Protected Person Unit managed by the South West Regional Organised Crime Unit (SWROCU)

Criteria for Acceptance onto the Protected Person Scheme

Section 178 of the Anti-Social Behaviour Crime and Policing Act 2014 states:-

‘ANY person whose safety may be at risk by virtue of another person’s possible or actual criminal conduct will be eligible to be considered for protection’.

Public Authorities have a positive obligation under Article 2 of the Human Rights Act 1998 to protect all individuals and take reasonable steps to ensure their safety.

Protected Persons Units will assess cases referred by Public Authorities in the following circumstances:-

• A real and immediate threat to life (as per ECHR Article 2 case law); • Protection arrangements required by the individual are not normally available to or

a viable option for referring agency or local police force; • Local policing is unable to provide suitable OR sustainable risk management

measures to mitigate threats to life (TTL)

The individual must be willing and able to comply with the conditions of the scheme. 2 Referral Process

Any decision to refer a person(s) for assessment to the Protected Person service should be made through the local Senior Investigating Officer after considering the acceptance criteria notes above in 3.1.3.

The investigation team must complete a written threat assessment/referral application in order to evaluate the threats posed and the initial action that maybe required. This assessment and any further updates will provide the basis for applying for acceptance onto the scheme.

The SIO will then appoint an officer from the enquiry to act as a liaison officer to the Protection Officers. The role of this officer is to maintain regular contact with the unit and update them on the following:-

• Information and intelligence which may affect the security of the person; • To provide regular updates to the threat assessment • Early notification of any ID parades or requirement for further statements or court

appearances.

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It is important that the investigation team do not give the person any assurances that they will be relocated or accepted onto the scheme. It is vital that no incentives or inducements to provide a statement are made and also no promises of special treatment.

Protection Officers will make contact with the referring officer and make arrangements to meet the individuals referred. Please ensure that you do not disclose the identity or role of the Protection Officers to these individuals.

Please remember these individuals, particularly if they are witnesses, still remain witnesses for the investigation team. The investigation team will be responsible for security at any subsequent court proceedings. These are issues that will be discussed between the Protection Officers and the investigation team should the case progress.

Any referral to the regional protected person service does not negate the need or responsibility for Dorset Police to manage the initial immediate and any subsequent on-going safeguarding issues and ensure that appropriate and relevant security measures are put in place. Consideration also has to be given to the creation of a Response Plan to ensure that in the event of Police Officers being deployed all relevant staff are aware of any specific actions or response that is required from them.

Possible initial security measures to consider and / or implement:-

• Provide panic alarm/bleeper to vulnerable addresses; • Place warning/treat as urgent markers against addresses, which may be subject of

threat; • Provide witness with a dedicated mobile phone for emergency use; • Provide additional security to premises; e.g. door locks, window locks, security

doors etc.; • Provide overt/covert CCTV; • Provide regular uniform checks and patrols; • Provide a visible uniform presence outside premises; • Encourage witness to stay with a friend or relative if appropriate for an initial period; • Provide emergency accommodation i.e. B&B or Hotel. Well away from the area of

threat. In some cases this will be necessary. On other occasions once the impact of the statement has been properly assessed the threat level diminishes and other security measures are more appropriate;

• Consider removing mobile phones/sim card to avoid offenders contacting them. Provide person(s) with replacement phones/sim cards for emergency use if required.

3 Role of the Protected Person Service

Protection Officers will carry out a full assessment of the person(s) to establish:-

• The nature and extent of the risk; • The suitability of the individual for inclusion on the UK Protected Person scheme.

The assessment period may entail the individual and family moving away from their home address.

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The individual and family must be fully prepared to abide by conditions expected under the Scheme. These conditions will be explained to them in detail and recorded accordingly. Once an assessment has been completed a report will be submitted to the Head of the ROCU (Regional Organised Crime Unit) who will consider the application and grant supported status if appropriate.

The requirement to obtain formal authorisation will not preclude initial action to secure the immediate safety and security of the witness.

The Protection Officers will not disclose details of the Protected Person’s location to the Investigation Team.

Protection Officers will facilitate meetings and telephone communications between the investigating officer and the individuals when required.

Protection Officers must remain impartial to the investigation and therefore will not take any part in the evidence gathering process.

The Protection Officers will maintain a full and comprehensive record of all their dealings with the Protected Person, including all expenditure. They will complete case disclosure as required. This documentation will remain within the Protected Persons Unit at all times.

4 Contact details for the Protected Persons Unit

Contact can be made during office hours with Protected Person staff on 01275 841774 or 01392 225599.

Out of hours contact can be made through the 24/7 ‘On-Call’ facility available through the Force Control room. - 07785432422