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1 NOT PROTECTIVELY MARKED PROCEDURE TITLE: Hate Crime Investigation IN SUPPORT OF POLICY: Protecting Vulnerable People (PVP) CONTACT DETAILS: BACKGROUND INFORMATION: This procedure is derived from the ACPO (2005) document, 'Hate Crime; Delivering a Quality Service Good Practice and Tactical Guidance'. It is intended to direct officers in responding to hate crime and incidents. EQUALITY IMPACT ASSESSMENT: Complete Part One - Principles and Constitution Introduction Recording of Hate Incidents and Hate Crimes Support for Victims and Witnesses Disability related Hate Crime Role of the Communications Centre Role of the First Officer Attending and Supervision Role of the Investigating Team Retraction of support for the Prosecution Third Party Reporting Introduction Northumbria Police believes that everyone should be free to live their lives without fear or abuse or attack on the basis of who they are. Crime which is motivated by hatred, prejudice or a desire to exploit because of a particular characteristic of the victim is particularly corrosive. A hate crime is defined as: Any criminal offence, which is perceived by the victim or any other person, as being motivated by a hostility or prejudice based on a personal characteristic. It is important to note that all hate crimes are hate incidents. However, some hate incidents may not constitute a criminal offence and therefore will not be recorded as a hate crime. A hate incident is defined as: Any incident, which may or may not constitute a criminal offence, which is perceived by the victim or any other person, as being motivated by a hostility or prejudice based on a personal characteristic. 'Hate' does not mean that the perpetrator is motivated by hatred. Hate includes where the victim is being exploited or threatened because of a personal characteristic. The perception of the victim or any other person including a police officer is the defining factor in

2 determining a hate crime or incident. Police officers may well identify a hate incident as such, even where the victim or others do not. For example, this may be due to the victim having a learning disability or mental illness. Where this occurs, the incident should be recorded in the appropriate manner. Victims may either be unwilling to reveal that they are being targeted because of a personal characteristic or may not be aware that they are a victim of hate crime. Northumbria Police recognises and records the following classes of hate incident targeted towards; race; faith; gender; transgender, sexual orientation; disability; age. Recording of Hate Crime and Incidents It is essential for all police personnel to be aware of the devastating impact of hate crime and incidents on individual families and communities. Additionally, hate crime has the potential to escalate to a critical incident. An appropriate and professional response to such reports is essential to build trust and confidence in the police service and its partners. National Standards for Incident Recording resulted in seven 'Hate' categories. The final incident codes are: Race QH1 Faith QH2 Transgender QH3 Homophobic QH4 Gender QH5 Disability QH6 Age-related QH7 It is the responsibility of the officer attending to ensure that the Communications Centre staff are aware that the incident is a hate incident, in order that the incident can be finalised appropriately. Where the officer attending takes a report of crime which is a hate crime, the officer must ensure that the crime is recorded appropriately as a hate crime and the category of hate crime is identified, by completing the relevant fields on page 2 of the 'M.O.' screen, on the computerised Crime Recording System. This will automatically highlight the crime with a **HATE** legend on the Crime Summary Screen. Incidents that are identified as being hate incidents only will require a Hate Victim record being created using MU 15 option 6, also known as a 'RV' screen. It is the responsibility of the officer investigating to create the Hate Victim/ 'RV' record. The Hate Victim / 'RV' record can also be created by entering the main 'Address History' screen, then entering the code 'RV' and following the instructions on screen. The purpose of the Hate Victim/RV record is to ensure the victim is recorded as a victim of Hate Crime for repeat victim monitoring. The Officer In Charge (OIC's) supervision is responsible for ensuring that the investigation and subsequent updating of the Hate Victim / 'RV' screen is completed and that enquiries are concluded within 30 days, whenever possible. Every effort must be made to resolve the crime or incident with positive action.

3 Positive action refers to any hate crime or incident which results in: Arrest Caution Summons Fixed Penalty Ticket Acceptable Behaviour Agreement (ABA) Anti-Social Behaviour Order (ASBO) Anti-Social Behaviour Injunction (ASBI) Community resolution, but only if the offence is minor and with consent of the victim. Suspected offenders spoken to and warned about future conduct, but no further action is taken either because insufficient evidence exists for arrest / prosecution or the victim does not support a prosecution Suspected offenders are known but they are not approached by Police at the request of the complainant; and the investigating officer is satisfied that to make an approach against the wishes of the victim would place the victim or their families / associates at risk of further harm Support for Victims and Witnesses It is critically important that the responsibility for the care of victims and witnesses is delivered in the most professional and supportive manner which is marked by its thoroughness and sensitivity. All necessary measures should be taken to provide immediate practical help and ongoing reassurance. Hate crime victims will almost always feel increased fear and intimidation as a result of their ordeal and all investigators must bear this in mind. Witnesses to hate crime may feel increased fear and reluctance to provide evidence. It is essential that witnesses, as well as suspects, are treated sensitively, and are appropriately supported. It is essential to treat the victim with respect, help them feel safe and provide a proportionate response based on an assessment of individual need and to identify perpetrators and bring them to justice. The aim of all hate crime investigations is to: a) ensure that all safeguarding needs of the victim and their families /carers are accurately assessed and implemented by police and partner organisations; and b) to identify and prosecute offenders to the satisfaction of the victim and the community and seek to reduce repeat victimisation. In more serious cases, Senior Investigating Officers must document an appropriate family liaison strategy (the ACPO Murder Investigation Manual is a good source of guidance for the formulation of a family liaison strategy for any type of hate crime). Link to ACPO Murder Investigation Manual 2006 In the case of complex investigations conducted amidst heightened community tensions, the police response should be flexible and dynamic. A Community Impact Assessment should always be completed and Area Command/Department senior managers should consider convening a Critical Incident Independent Advisory Group. Link > Strategic/Local/Critical Independent Advisory Groups procedure

4 Disability Related Hate Crime People are suffering from a disability if they have a physical or mental impairment which has a substantial and long-term effect on that person s ability to carry out normal day-to-day activities. Victims of disability related hate crime may have A physical disability A learning disability. This includes autism and Asperger s syndrome, and mild developmental impairment, which may be difficult for officers and staff to recognise A mental illness. This will be readily recognisable when the person is in an acute phase of illness but may be difficult for officers and staff to recognise at other times Link > Mind.Org.Uk - Mental Health A-Z National research shows that in the United Kingdom, disability-related crime and harassment is a serious problem which is under reported. For many people who suffer from a disability, crime and harassment is a commonplace experience. Many victims come to regard it as inevitable and focus on living with it as best they can and do not report it to police, for a number of reasons: They may be unclear how to report it They may fear further intimidation if they report it They may think that the police will not believe them, or will not take them seriously They may think there is nothing the police can do to help They may not recognise that they are a victim of crime or harassment They may have an attachment or relationship with the perpetrator and may not want to get them into trouble Northumbria Police are committed to providing a professional and effective response to all victims of crime and harassment who suffer from a disability. Northumbria Police is one of a number of police forces who in 2011 signed up to 10 undertakings drafted by the national charity MENCAP, entitled the 'Stand By Me' promises. These are: 1. Make sure that information is available and presented in a suitable form. 2. Get better evidence and increase convictions by allowing more time for interviews, particularly where the victim has difficulty communicating. 3. Understand how to identify if someone has a learning disability. 4. Listen to, respect and involve families, carers and support staff of disabled people. 5. Challenge discriminatory attitudes and language among fellow officers. 6. Ensure that victims are kept up to date with the progress of the case once they have reported a crime. 7. Recognise that disability hate crime is as harmful as other types of hate crime. 8. Don t label disability hate crime as anti-social behaviour identify the crime and deal with it. 9. Hold regular beat meetings and ensure they are open to disabled people. 10. Display the 'Stand By Me' promises where everyone can see them. Officers and staff must recognise the particularly debilitating impact that hate crime and harassment has on people with disabilities and react accordingly and with sensitivity. The 'Stand By Me' promises should always be followed. It is important to establish immediately how a disabled victim wishes to communicate. Use of an

5 intermediary should always be considered if the victim has a learning disability or a physical disability which may impact upon their ability to give evidence (for example, motor neurone disease). A disabled person may nominate another person such as a family member, community nurse, carer, social worker or healthcare professional to assist in communication rather than an intermediary, and, in such cases, officers should accommodate the wishes of the victim unless the quality of evidence would be significantly reduced. Link > Intermediary Provision procedure For victims who are deaf, British Sign Language interpreters can be requested via the Interpreting Translation Line (ITL). Link > Interpreters and Police Officers procedure Special Measures should always be considered for victims of disability related hate crime and early liaison with the Crown Prosecution Service (CPS) will be necessary. Link > Special Measures procedure Role of the Communications Centre It is essential for all Communications Centre staff to be aware of the potential for hate crime to escalate into a critical incident, and for confidence in the service to be adversely affected if the initial response is not effective and responsive to the needs of the victim. Staff should: Gather full information sensitively and reassuringly. The initial communication may be unclear if the caller suffers from a learning disability or acute mental illness, and patience may be necessary Be aware that anger, frustration and feelings of powerlessness are commonly experienced by victims. An initial victim need after being victim of a hate crime, is often for someone to listen, or to vent or express feelings to. Be patient - this initial interaction is critical to the investigation and securing best evidence. Assess the level of response required based on the needs of the victim including any injuries, the presence of the suspect at or near the scene, and the possibility of forensic evidence being acquired Where possible, conduct immediate research into the background of the victim including previous Child or Adult Concerns offender and location to inform the officers attending Repeat victims should be identified immediately and prioritised; and the officers attending informed Explain to the victim or person reporting what will happen next, including expected response times Ensure a supervisor of the officer attending is informed Ensure that the appropriate opening code identifying a hate incident is appended When the incident is closed and if the officers attending/investigating confirm a hate incident, ensure that the appropriate closing code is appended

6 Role of First Officer Attending and Supervision It is essential for all officers making the initial response to a hate incident and their supervisors to be aware of the potential for hate crime to escalate into a critical incident, and for confidence in the service to be adversely affected if the initial response is not effective and responsive to the needs of the victim. First impressions are crucial to securing the victim s confidence and trust and long-term engagement with the criminal justice process; and to reduce the trauma some victims, particularly those with learning disabilities, may feel at having contacted police. Police officers attending a report of a hate crime or incident should: Reassure the victim and allay their fears. Be sensitive and understanding. Obtain full details of the incident to this end it is important to fully understand the victim s concerns. Ascertain from the victim (or where appropriate their carers or family members) how they wish to communicate to you. Use of an intermediary should be considered if the victim has a learning disability or a physical disability which may impact upon their ability to give evidence. A disabled person may nominate another person such as a family member, community nurse, carer, social worker or healthcare professional to assist in communication rather than an intermediary, and, in such cases, officers should accommodate the wishes of the victim unless the quality of evidence would be significantly reduced. Consideration should be given to the use of language line where the victim or witness has limited command of the English language or the use of a British Sign Language interpreter for deaf or hard of hearing people. Explain that details of the incident may be shared with other agencies such as the Victim Support Service or Local Authority Adult Social Care services. Any particular concerns or circumstances of the victim should be given due consideration by the investigating officer when sharing information with other agencies. Advice from supervisors should be sought in difficult or complex cases. An Adult Concern Notification via the MU 15 menu should always be completed if the victim is disabled. Be aware that anger, frustration and feelings of powerlessness are commonly experienced by victims. An initial victim need after being victim of a hate crime, is often for someone to listen, or to vent or express feelings to. Be patient - this initial interaction is critical to the investigation and securing best evidence. The potential for the accidental alienation of victims is a risk to a successful prosecution. Make an assessment of the safety of the victim and family or carers, and consider any safeguarding measures which may immediately be required to minimise or remove risks. These might include target hardening measures or provision of alarms/phones to contact police in the event of further incidents; or in serious cases where further harm is anticipated, the removal of the victim to an alternative address as a place of safety. Liaison with appropriate statutory agencies and voluntary bodies to support victims should be considered - advice should be sought from Protecting Vulnerable People unit (PVP) to establish the relevant agencies or bodies. Confirm all witnesses have been identified. Seize all evidence which may be relevant immediately, including, where appropriate, victim s clothing, swabs from skin or other surface if spitting/biting/transference of material containing DNA is possible. Confirm that all forensic opportunities are being exploited including cases of graffiti and criminal damage where scientific support would not normally attend consider a cordon if a scene needs preservation. Identify potential critical incidents and brief supervision who will inform the Force Operation Manager (FOM). Create the victim as a hate incident victim by using option 6 of the MU15 screen.

7 Ensure the crime is properly flagged as a hate crime by endorsing page 2 of the MO screen and the MO outlines the full circumstances of the incident including actions and words used. If the incident is disability related and has been reported via a Safe Reporting Centre, take the Self Reporting Form which will have been completed by the victim and staff prior to police arrival. Liaise with Community Engagement Officer to ensure that victims and witnesses receive support and to gather further intelligence. Consider Community Tension Assessment. If the victim is a vulnerable adult or child, complete Adult Concern Notification or Child Concern Notification as appropriate. The CPS must be consulted in all cases of hate crime prior to charge, including guilty plea summary cases. Ensure that supervision and the local Neighbourhood Policing Teams are informed. Identify the appropriate investigating team and, if the investigating team is not the first officer attending, inform Communications Centre in order that the appropriate investigating team can be contacted at the earliest opportunity. If the offence has occurred in a care home, residential home, prison, hospital, or other healthcare setting, PVP will assume ownership of the investigation and must be informed as soon as possible. Tell the victim what will happen next. Role of the Investigating Team In many cases, the first officer attending will also be the officer in charge of the investigation. However, in some cases the investigating team may be the Neighbourhood Policing Team, Major Crime Teams or PVP units. In all cases, the principles of victim and witness care and investigating the offence thoroughly and professionally remain the same. The victim s needs must be paramount and every effort made to identify and bring the perpetrator to justice. All investigating officers should: develop a supportive professional relationship with individual victims and their families to help them feel confident to act as prosecution witnesses; update the victim on a regular agreed basis and whenever a significant event occurs. In particular, arrests, dates and outcomes of remand and bail applications should be notified to victims. This is the responsibility of the OIC and should not be routinely delegated to the Witness Care Unit. It is good practice to retain ownership of victim updates and to make arrangements with a colleague to update the victim if a significant event is scheduled when the OIC is on leave; always consider safeguarding interventions after an accurate assessment of the victim s needs. This may involve dialogue with Local Authority Adult Social Care services or other statutory, commercial and voluntary service providers; consider immediate target hardening / safety measures including emergency phone, Closed Circuit Television (CCTV), overt or covert, at the victim s address, fire-proofing interventions, or re-housing etc. For further advice contact PVP.

8 Early and positive steps to arrest and prosecute are the primary method of reducing the risk of further harm and enhancing confidence and improving the life of the victim, and every effort should be made to secure this. The following considerations, which are not exhaustive, may be relevant: CCTV evidence from police, Local Authority and private businesses and individuals should be seized. Walk the route around where the incident took place to ensure no opportunities are missed. Remember, in most Northumbria areas, buses and Metros are equipped with good quality CCTV which can capture events outside the vehicle as well as inside. If the Vehicle Registration Mark of a suspect s or witness s vehicle is known, make Automatic Number Plate Recognition enquiries to identify location / driver / relevant features. There are a wide range of telecommunications techniques which can be used to acquire evidence consult the Telecommunications and Internet Unit on ext 63857, who will be able to advise. Prioritise telecommunications enquiries as certain evidence (eg. texts) can be lost if not requested immediately. Obtain statements (or 'Achieving Best Evidence' interviews where appropriate) immediately from all witnesses while their recollection is good. Always consider Special Measures for victims and witnesses. Special Measures, including the use of intermediaries, should be discussed with the CPS at an early stage and dialogue maintained throughout the criminal justice process. Ensure a Victim Personal Statement is taken. Liaise with local Intelligence Unit staff to maximise opportunities for further intelligence. Consider liaision with partner agencies who may have dealt with other incidents which the police have not been informed of ie. housing / schools. Consider links to other offences in the area, or with similar MO, or where similar victims have been targeted. Consider all forensic techniques seek the advice of a Crime Scene Manager who can advise on all forensic considerations. Consider photographing the scene / suspect / offender / physical items seized. Seize '999' tape / discs to police / health / fire and transcribe same. Do not forget on some occasions to seize evidence from the BT '999' operator who routes the call to the Emergency Services. Seize ambulance tapes / discs and transcribe same. Seize medical evidence. Carry out house-to-house enquiries and document all responses, positive and negative. Following arrest/summons/voluntary attendance ensure appropriate Hate Crime Indicator is attached to Offenders record to highlight the fact the arrest/summons/interview of offender relates to a Hate Crime/Incident. Use bad character evidence where it exists. Interview strategy to include questions in relation to why offender targeted victim. Consider a media release to obtain further information. Follow volume crime investigation standards. Link > Volume Crime Investigation Procedure When a suspect has been identified, in addition to prosecution, there are additionally preventative measures which should be considered, including ASBOs and civil injunctions, including ASBIs. Even where there is insufficient evidence to charge, an ASBI should be considered as this will be issued by a civil court and will be granted on balance of probabilities. The usual procedure is for police to provide evidence to a lawyer at the Local Authority Legal Services Department, who will make the application.

9 A Community Impact statement relating to Homophobic and Trans phobic Hate Crimes/Incidents committed within the Newcastle 'Gay Scene' has been prepared and agreed by the Crown Prosecution Service. The statement and map which outlines the Newcastle 'Gay Scene', area is required as part of the prosecution file submitted to the CPS for charging advice for any Homophobic or Trans phobic crimes/incidents committed within this area of Newcastle. - statement and map which are filed via Intranet, Newcastle Homepage under local information and crime documents. Inform the CPS in all cases, including guilty plea summary cases. Prior to charge, all hate crime requires CPS authority to charge. Additionally the file must be flagged as Hate crime on the electronic MG 3 (CT screen). Information flow between the police and the CPS should be maintained throughout the prosecution process. If you are not satisfied with the CPS response, consider an appeal and discuss with your supervision. Police can appeal the nature of the charge as well as appealing whether to charge or not. Tell the victim what will happen next. Retraction of Support for the Prosecution Many victims of hate crime make an immediate decision not to report incidents due to lack of confidence in the criminal justice system. When offences are reported, previous failures to report should not be seen as diminishing a witness's credibility. In cases where a victim or witness wishes to withdraw their support for the prosecution, the investigating officer should discuss options with the victim. OICs should consider liaison with support agencies who can provide care and reassurance. PVP are available to provide advice and may arrange a multi-agency strategy meeting to discuss options. The victim s wishes will be paramount but it may be that further reassurance will ensure the victim continuing to engage. Where the victim is certain that they wish to withdraw, a formal statement should be taken fully explaining their decision to withdraw support for the prosecution and stating whether or not the incident actually occurred. When submitting the withdrawal statement to the CPS, the officer should attach an accompanying report with details of their views on: the reasons given by the victim; how the victim would react to being compelled to give evidence and if this is an appropriate course of action; future risks to the safety of the victim and their family; the impact of discontinuing the case, or of compelling the victim to give evidence, on the wider community; the value in considering a victimless prosecution. Third Party Reporting Third party reporting provides victims and witnesses options in respect of reporting hate crimes and incidents to organisations other than the police. There are various reasons that prevent people from reporting crimes and incidents directly to Northumbria Police. Decisions may be based on fear, perceptions, experience or accessibility to a police station. Third party reporting takes away the need for a victim or witness to attend a police station or have any visible presence of police at their home. Instead, they can report incidents via the

10 internet or by telephone at a number of third party reporting centres. Northumbria Police uses three third party reporting mechanisms: a) True Vision - this is a national Internet-only reporting mechanism feeding to Northumbria Police Communications Centres. When a report is received, an incident will be created and a resource dispatched; b) ARCH this is a charity based in Newcastle but funded by Local Authorities in all Northumbria Police Area Commands, except Northumberland. Persons reporting may telephone police direct, or make a report via the Northumbria Police website; c) Safe Reporting Centres. In relation to disability-related hate crime, Northumbria Police has liaised with more than 80 organisations who provide services to people with disabilities. These agencies have agreed to act as Safe Reporting Centres for disabled people who have suffered hate crime or harassment and wish to report to police in a supportive environment. The victim will complete a 'Self Reporting Form' and the Safe Reporting Centre staff will telephone police with the details. A facility also exists to police via the Force website. Third party reporting can also be done anonymously without revealing the victim s personal details and police will only investigate the crime with the victim s consent. The benefits of third party reporting are: Victims gain confidence and are encouraged to report crime; Agencies can identify appropriate support organisations to best help victims; It provides a more accurate picture of Hate Crime, enabling police and other partners to respond more effectively through intelligence-led pro-active targeting; The safety and wellbeing of the victim will always be the first priority of reporting centre / telephone staff; Only staff who have received the appropriate training take reports. CRITERIA: This procedure is to be applied when responding to incidents identified as being hate incidents. ACCESS AND DISCLOSURE RESTRICTIONS: None. FORMAL TRAINING REQUIREMENTS: None. IS A LOCAL PROCEDURE REQUIRED IN SUPPORT OF THIS DOCUMENT: No This instruction is designed to avoid discrimination and in accordance with the Human Rights Act 1998 and its underlying principles. Categories Vulnerable People Related Documents

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