Criminal Justice Procedures Policy Equality Impact Assessment Version 1 Summary
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1 Freedom of Information Act Publication Scheme Protective Marking Not protectively marked Publication Scheme Y/N Y Title Criminal Justice Procedures Policy Equality Impact Assessment Version 1 Summary Outlining the procedures to be followed in respect of Notifiable Occupations, Witness Care Units and the Post Prosecution Team (B)OCU or Unit, Directorate TP Emerald Review Date May 2013 Date Issued May 2010
2 Equality Impact Assessment The Equality Impact Assessment Guidance must be used when completing this form: Freedom of Information Act Document Protective Marking: Not protectively marked Publication (Y/N): Y Title: Criminal Justice Procedures Policy Summary: Outlining the procedures to be followed in respect of Notifiable Occupations, Witness Care Units and the Post Prosecution Team Branch / OCU: TP Emerald Date created: May 2010 Review date: May 2013 Version: 1 Directorate/Department/Borough/OCU: Name, type or title of proposal (If a corporate policy, a policy workbook must also be completed): Criminal Justice Procedures Policy 1. Aims and Purpose of Proposal - see Step 1 of the Guidance The Criminal Justice Procedures Policy consists of three Standard Operating Procedures (SOP s): The Post Prosecution Team (PPT), The Witness Care Unit (WCU) and the Notifiable Occupation Scheme (NOS). The purpose of each SOP s for the PPT and WCU is to set out instructions as to how the units operate in relation to their responsibilities. The WCU SOP is based on national guidelines and how the unit will operate in the MPS. It ensures that all victims and witnesses in the criminal justice system are dealt with according to their needs. The PPT SOP gives guidance to the new PPT s created following the creation of the Integrated prosecution Team. They have taken on the new responsibilities of the former Criminal Justice Unit in relation to traffic management, resulting and archiving. The NOS SOP sets out the Metropolitan Police Service (MPS) responsibilities in relation to the national NOS scheme. It sets out roles in relation to notifying employers/regulatory bodies when persons in certain occupations come to the notice of police. The provisions of this policy will impact on anyone involved in the criminal justice process. Implementation and compliance will be monitored through the following: Performance Indicators measures: e.g. arrests and sanction detections Other statistical measures: NSPIS Custody Case Preparation Structured assessment process for high risk or high profile cases Borough inspections and reviews of service delivery National and MPS Performance Indicators Statistical data analysis Borough Inspections The NOS Tools and Templates and NOS Records Shared Drive database. Post Prosecution Team follow up visits and reports The NOS Dashboard Published MPS performance data Boroughs visits by the MPS NOS Co-Coordinator. Monitoring by the Improving Police Information (IPI) programme Examination of spreadsheets
3 2. Examination of Available Information see Step 2 of the Guidance. All three SOP s relate to the criminal justice process so the process itself ensures that relevant up to date information is required. Service users were fully engaged in the consultation process and are using the systems that have been put in place. The NOS and PPT SOPs reflect a process that is still being rolled out. Data is available through the Integrated Prosecution Team (IPT) programme processes for the PPT process. An external consultation took place with selected members of the community. Their views have been considered as part of the process. All those engaged were given all the relevant information. The engagement involved meetings, trials of proposed processes and run throughs of possible scenarios. Parts of the NOS SOP procedures are still being refined hence the reason why this SOP is delayed. All the SOP s define and demand that processes are required to examine information. Information is constantly being examined as part of the overall process. 3. Consultation/Involvement - see Step 3 of the Guidance a. Who is responsible for managing this consultation/involvement? Territorial Policing (TP) Emerald will have overall responsibility for policy development. The Integrated Prosecution Team will consult on the PPT SOP. The Witness Care Unit will consult on the WCU SOP. TP Emerald policy team and the IPI programme team will consult regarding the NOS SOP. b. Why is this consultation/involvement taking place? Consultation is an essential part of the process to ensure the SOPs are effective, relevant and exclusive. Also others will want to comment on the contents and suggest amendments or inclusion where appropriate. The PPT and NOS SOPs will reflect the creation of a new policy process and a change in the MPS business change process. Much work has already taken place to ensure the new process is realistic and workable. Most of the consultation work has already taken place on the WCU SOP as guidelines have been available for some time. c. Who is included within the consultation/involvement, including which group(s)? Consider beneficiaries, stakeholders, service users or providers and those who may be affected. Consultation has taken place both within the service and with external partners. The following is a list of those external groups who were consulted: Victims groups - Victim Support Scheme, Witness Care National Team Witness assistance groups - Victim Support Scheme Crown Prosecution Service - LCJB based at Ludgate Hill Regulatory Bodies - General Medical Council, Nursing and Midwifery Council, Royal Pharmaceutical Council and numerous others Employers - British Telecom, Public Carriage Office, Civil Aviation Authority and numerous others DIAG Home Office Many internal directorates and sources were consulted. The list below is not exhaustive Borough Commanders CPU Inspectors Custody Managers Custody Officers Evidential Review Officers Integrated Prosecution Team
4 Post Prosecution Teams Criminal Justice Units Improving Police Information Programme Management of Police Information Programme Diversity Directorate Witness Care Units Other police forces National NOS Co-ordinator Police Federation d. What methods of consultation/involvement are employed to ensure full information sharing and participation, e.g. surveys, interviews, community meetings? Consultation has been going on throughout the life of the policy. Regular meetings were held with all the above stakeholders to ensure the SOPs are fit for purpose and more importantly the staff who are required to undertake the provisions therein are able achieve what is required of them. Meetings were held on borough and the relevant people spoken physically spoken to. contact was made with some. National meetings were held on the consultation for the NOS SOP. The policy developer now sits on national meetings about NOS to ensure the MPS is in line with other forces introducing this national policy change. Meetings were held with the IPT team in the development of the PPT SOP making changes as the rollout to the MPS progressed. Pilots and interim measures were introduced for all three SOPs before a decision was made on how it should be done. All were consulted at every stage. e. What are the results of the consultation/involvement? How are these fed back into the process? All results of the process are fed back by holding meetings, trying revised procedures. The NOS SOP reflects a brand new process created following considerable feedback and consultation and revision following input from stakeholders. The NOS post prosecution process was piloted for nine months on Hackney, Tower Hamlets and Waltham Forest boroughs. Active liaison took place between TP Emerald staff and those involved in the work on the boroughs. The process was not rolled out to the other boroughs until it was agreed by everyone involved that it was completely workable. The NOS custody process was also tried and modified after work on the same boroughs. The NOS Evidential Review Officer (ERO) process was modelled around comment made by EROs working on boroughs. The WCU process was worked on Redbridge and Westminster boroughs before the MPS system was adopted. Any comments by outside agencies were tracked and the new drafts ed to them for approval. The NOS SOP is the MPS interpretation of the national Home Office circular so employers and regulatory bodies are consulted nationally by the National NOS co-ordinator. The MPS consultation resulted in some regulatory bodies and employers not wishing to be informed if their members came to the notice of police for minor offences. The PPT SOP reflects the result of a long ongoing process of consultation as to how the Integrated Prosecution Team (IPT) should work. A selection of boroughs were consulted about how the roll out should take place and others were spoken to about the content. TP Emerald staff are in constant contact with Witness Care Units around the MPS. They were already following national guidelines on WCUs so the introduction of a SOP confirming the procedures with in the MPS is welcomed. This is being developed as it continues to roll out and is not expected to be complete until March All documents were changed as a result of any suggestions made. The WCU SOP is an MPS interpretation of existing national guidelines. Most of the results of the process have been fed back into the SOPs to ensure we get the right balance. This has taken two years to achieve indicating that there was no hurry to publish SOPs that were not workable.
5 4. Screening Process for relevance to Diversity or Equality issues - see Step 4 of the Guidance (i) (ii) (iii) (iv) (v) (vi) (vii) Will the proposal have significantly higher impact on a particular group, community or person the MPS serves or employs? Explain: All three SOPs follow procedures that have been developed through consultation. The NOS SOP introduces provisions that will affect livelihoods by direct contact with regulatory bodies and employers. The staff making these decisions are aware of the consequences of getting it wrong. The WCU SOP specifically deals with victims and witnesses and their care. The PPT SOP provisions affecting those outside the MPS are based on historical CJU work so this involvement has always been present. The SOPs administrative provisions cover all groups and communities Will any part of the proposal be directly or indirectly discriminatory? Explain: No the nature of proposal and the procedures to be followed mean that the proposal cannot be discriminatory in any way as everyone is treated according to their needs. There is nothing within the provisions that would indicate anything discriminatory. Is the proposal likely to negatively affect equality of opportunity? Explain: The NOS SOP potentially could negatively affect equality of opportunity. Not all occupations are notifiable so those persons who have occupations on the list will be treated differently than those who are not. The list is decided upon by the Home Office so the MPS and other forces have to follow it so it is a requirement. The other negativity is that it is where a regulatory body/employer is told of an employee coming to the notice of police. If the regulatory body/employer takes action as a result of the referral then this is likely to have a negative impact on that person s opportunities in that job. Is the proposal likely to adversely affect relations between any particular groups or between the MPS and those groups? Explain: No there is nothing in this proposal will is likely to affect the relationship between the MPS and any groups. If anything it should re-assure the groups that the SOPs are transparent and do not discriminate in any way. If there are differences it is because it is lawful and/or national policy. Are there any other community concerns, opportunities or risks to communities arising from the proposal? Explain: No the proposal is mostly procedural so it is very unlikely there will be community concerns or risks. Any engagement so far has been positive with no issues raised that are likely to cause problems or issues. There was a feeling of re-assurance that the proposal does apply to anyone who comes to the notice of police. Those spoken to in the community welcomed the opportunity to engage and welcomed the proposal particularly the NOS SOP which can have some negativity of opportunity. Is the proposal likely to harm positive attitudes towards others and discourage their participation in public life? Explain: No the proposal especially the NOS SOP seeks to improve positive attitudes and prevent those who wish to harm children or vulnerable adults any participation in public life. The NOS SOP proposals are designed to ensure that those persons with notifiable occupations in public life ensure that their integrity is intact. If they come to the notice of police there is a possibility that their participation in public life could be discouraged depending on the decisions taken about their employment by the regulatory body or employer based on the information given to them by police. Is the proposal a major one in terms of scale or significance?
6 Explain: The proposal as a whole is a major step in improving the criminal justice procedure in the MPS. The NOS SOP procedures ensure that the MPS will make a significant impact in the need for better information sharing. It is a new piece of policy and a large piece of business change within the MPS. The WCU SOP ensures complete care and consideration for victims and witnesses. The PPT SOP reflects a more efficient cost effective way of administering the post conviction/ caution process and changes the way criminal justice issues are administered by police at the post prosecution stage. From the answers supplied, you must decide if the proposal impacts upon diversity or equality issues. If yes, a full impact assessment is required. If no, complete the following box and enter a review date at the end of the form. Full Impact Assessment Required YES 5. Full Impact Assessment see Step 5 of the Guidance a) Explain the likely differential impact (whether intended or unintended, positive or negative) of the proposal on individual service users or citizens on account of: Age: older people, children and young people. Details: There is a positive impact on the young and vulnerable by protecting them All the SOPs, especially the NOS SOP are designed to protect the vulnerable sectors of our society. The NOS SOP protects the vulnerable by enabling police to report those in a notifiable occupation to regulatory bodies and employers so a decision may be made that they are a danger to the people in this sector. The proposal is written so each person is treated the same. The policy does take into account youth offenders under the current guidelines and to deal with this the SOPs will specify how youths are to be dealt with in certain cases. These youth provisions are required under the legislation dictating the way youths are dealt with under the criminal justice system. Disability in line with the Social Model. Details: The policy provisions apply to everyone fairly regardless of disability. There is nothing within the proposal which directly discriminates against any known disability. The proposal protects those with a disability in that it does not discriminate in any way. Disabled victims will get a service appropriate to their needs. If a person with a disability with a notifiable occupation comes to police notice they will also be treated in the same way. Faith, religion or belief: those with a recognised belief system or no belief. Details: The SOPs do not have any direct differential effect on service or citizens within the faith strand. There is no adverse impact. Voluntary groups are often from faith groups. This protects them. Gender or marital status: women and men. Details: The SOPs apply to all irrespective of gender or marital status. Race, ethnicity, colour, nationality or national origins Details: The SOPs do not have any direct differential effect on service users or citizens within the race strand. Sexual orientation, transgender or transsexual issues.
7 Details: The SOPs do not have any direct differential effect on service users or citizens within the LGBT strand. Other issues, e.g. public transportation users, homeless people, asylum seekers, the economically disadvantaged, or other community groups not covered above. Details: The SOPs do not have any direct differential effect on service users or citizens within this strand. b) Is the proposal directly or indirectly discriminatory? Is there a genuine occupational requirement? Details: The proposal for the NOS SOP is discriminatory against those occupations that are deemed to be notifiable. This discrimination is justifiable because of the nature of the chosen occupations and their impact on the vulnerable in our society and the need to protect them. The proposal does not apply to those occupations that are not notifiable. There is nothing in the PPT or WCU SOP that is discriminatory. c) Explain how the proposal is intended to increase equality of opportunity by permitting positive action. Details: Equality of opportunity can be measured by good decision making being guided by a strong clear process. Much of the decision making under NOS can be subjective based on a set criterion although a strong process exists to assist the decision maker to make the right decision. Provided the process is followed correctly then equality of opportunity will be seen. The criteria set out still needs to be satisfied in full. d) Explain how the proposal is likely to promote good relations between different groups. Details: Good relations are likely to be harvested between different groups when they see that the proposal is transparent and applies equally to all and protects the most vulnerable e) Explain how the proposal is likely to promote positive attitudes towards others and encourage their participation in public life. Details: The WCU SOP encourages victims and witnesses to report crime and promotes them to feel confident that they will be supported through the criminal justice process. They may feel more confident about public life if they see that their cases are being dealt with promptly and they are being supported. The PPT SOP is an indication of the willingness by the MPS to move positively into a new world in the criminal justice area. This positive step may be an indication that may provoke participation in public life. The NOS SOP shows the MPS following national changes in respect of information sharing. Its positive message shows that there is a place in public life for everyone. Provisions now exist to pass information on to others if that person comes to the notice of police. f) Explain how the proposal enables decisions and practices to adequately reflect the service users perspective. Details: The SOPs are service user focused with the main aim to follows changes in the criminal justice arena through the three SOPs. The policy promotes a clear movement in line with service intentions to rationalise and formalise criminal justice procedures. Witnesses, victims, partners in the process and regulatory bodies and employers now know the clear intent the MPS is showing in this area.
8 6. Modifications see Step 6 of the Guidance Could the proposal be modified to reduce or eliminate any identified negative impacts, or create or increase positive impacts? What improvements have been made? The SOPs are a clear move forward in the criminal justice process for the MPS. Improvements are the creation of a policy and process to implement NOS in the MPS, a SOP to complement the formation of the PPT within the MPS heralding a joint approach with the CPS and a SOP encompassing witness and victim care following existing national guidelines. 7. Further Research - see Step 7 of the Guidance Given the analysis so far, what additional research or consultation is required to investigate the impacts of the proposal on the diversity strands? The MPS is committed to the NOS process so further work will be done to improve the work on this. Other case disposal options such as Fixed Penalty Notices and Penalty Notices for Disorder. The SOPs promote transparency and openness and fairness for all in respect of the strands. 8. Decision-making - see Step 8 of the Guidance a. Name, rank or grade of decision maker b. What is the Decision? Reject the proposal Introduce the proposal Amend the proposal (an impact assessment should be made of any amendments) Yes / No (delete as applicable) Yes / No (delete as applicable) Yes / No (delete as applicable) c. Name, rank or grade of SMT/(B)OCU/Management Board endorsing decision Alan Thomson A/Chief Inspector 9. Monitoring - see Step 9 of the Guidance a. How will the implementation of the proposal be monitored and by whom? SOP compliance will be the responsibility of all the supervisors highlighted in the proposal. Under the NOS SOP Inspectors, Sergeants, PPT Staff, and CPU Staff all have a responsibility. Under the PPT SOP the PPT have the main responsibility and the Witness Care Unit under the WCU SOP. The NOS SOP will be monitored under the terms of the Management of Police Information guidelines. The SOPs will be monitored for diversity issues and compliance by TP Emerald. This will done using the shared drive provisions set up for the NOS SOP The IPI team will assist in monitoring through the use of benefits analysts for the PPT SOP. The WCU SOP will be monitored with the assistance of the Emerald WCU team. All SOPs will be monitored through the use of visits, requests and through electronic mean. Borough Commanders will be monitored in NOS by using the PPM data. All criteria will be monitored including types of occupation, numbers of immediate threat cases. Every suitable case will be expected to be dealt with. b. How will the results of monitoring be used to develop this proposal and its practices? All results will be fed back into the process as they were when the procedures were set up. There will always be a need for these units. Monitoring will ensure they will always be fit for purpose. Training issues raised by the monitoring will be implemented. The NOS provisions will be monitored more closely with the co-ordinator ensuring that the shared drives are current and the all relevant training is kept up to date.
9 c. What is the timetable for monitoring, with dates? Monitoring will be a constant process with a report produced each year on the anniversary of the implementation of the policy. 10. Public Availability of Report/Results - see Step 10 of the Guidance What are the arrangements for publishing, where and by whom? The policy document SOPs and EIA will be published on the MPS Corporate Policy website. The monitoring reports will also be published on the website. Retention period: 7 years MP 1083/08
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