A019 Warrants Procedure

Transcription

1 A019 Warrants Procedure.

2 TABLE OF CONTENTS 1. PROCEDURE AIM APPLICABILITY Inclusions Exclusions PROCEDURE DETAIL TRAINING AND ACCREDITATION REQUIREMENTS ASSOCIATED DOCUMENTATION Legislation/ National Guidance Strategy/ Plan Policies Procedures Forms (National/ Local) WHO TO CONTACT ABOUT THIS PROCEDURE EQUALITY ANALYSIS... 9

3 1. PROCEDURE AIM 1.1 This Procedure establishes guidance to Bedfordshire Police officers and staff regarding the execution and enforcement of warrants issued by Luton Crown Court, Luton Magistrates Court, Bedford Magistrates Court and warrants issued within Foreign Forces. 1.2 Warrants will be executed at the earliest opportunity. Police will abide by the Joint Cross Agency Protocol agreed among representatives of the Crown Prosecution Service, Her Majesty s Courts Service (Bedfordshire) and Bedfordshire Police, established in October 2010, which gives comprehensive guidance on the management of all warrants. 1.3 This Procedure has been aligned and gives due regard to Authorised Professional Practice (APP) for Enforcing sentences and managing offenders 1.4 A full index of the content of Prosecution and case management APP is available. 2. APPLICABILITY 2.1 Inclusions This Procedure applies to all staff whether employed full-time or part-time, fixed term, permanent, seconded or on a temporary basis who are employed by Bedfordshire Police It also applies to members of the Crown Prosecution Service (CPS) and persons employed by H.M. Courts and Tribunal Service. (HMCTS) 2.2 Exclusions This Procedure does not apply to anyone who is not employed by any of the aforementioned. 3. PROCEDURE DETAIL 3.1 Police National Computer Circulation On notification of the existence of the warrant, the Police Warrant Administrator will circulate details of fail to appear / bench warrants by forwarding offender details to the PNC Bureau for entry on to national records. The warrant details will be entered into the Warrant Management System and will be graded with a specified execution time target When the person wanted on warrant lives in another police area, the Warrant Clerk will inform the appropriate police area by secure of the existence of the warrant and request that the offender be arrested. 3.2 Execution of the warrant

4 3.2.1 There is no requirement for the warrant to be in the possession of the arresting officer. The warrant officer will liaise with the OIC in order that an action plan can be created to arrest the offender. If the arrested person asks to be shown the warrant he/she should be informed that it will be available to view at court When a warrant is executed the defendant will be taken before the Court. Bedfordshire Police will ensure that the Court is informed in advance when a warrant has been executed. This will allow the Court administration team to prepare and prioritise the case. The Crown Prosecution Service will also be informed as stated above Following the arrest of the offender the Police will provide the Crown Prosecution Service with a detailed account of how the arrest was effected. This will be by way of a statement of arrest (the account will include when/ where arrested and whether defendant was compliant or obstructive) All enquiries made by Police to trace the subject of a warrant will be recorded on the Warrant Management System. This information will be made available to the CPS to assist the Court in their decision making The responsibility for cancellation of the warrant on the PNC and updating the WMS will be that of the executing officer. 3.3 Surrender to Court or Police Station When a defendant voluntarily surrenders at the Police Station, the Police will check the defendant s details against the WMS and PNC. On confirming that the defendant is wanted on warrant, the defendant will be placed in custody and taken to the Magistrates Court as soon as practicable. Additionally, all person who are in custody for whatever reason, will be checked to establish whether there are any outstanding warrants in for them existence, prior to being bailed for the offence for which they were arrested If a defendant surrenders at Luton Magistrates Court, the Court Staff will notify the Police who will attend and arrest the defendant and return them to the Police Station. The detainee will be subject to normal custody procedures including notifying GSL Operational Control Centre (OCC) by fax, logging and securing of property and completion of the Prisoner Escort Record (PER) form. The detainee will then be taken back to the court cells At Bedford Magistrates Court the Court staff will notify the Police who will attend take the detainee to Court Cells where GSL will make available appropriate accommodation. Police will complete the necessary administration details, log and secure personal property, conduct enquiries to fully complete the PER and fax the GSL Operational Control Centre. Only after this process has taken place will GSL assume responsibility for the detainee. In order to facilitate this process, and by mutual arrangement, GSL and the Police will maintain appropriate forms at the Court Cells to allow an arresting officer to complete this procedure. In all cases the arresting officer will ensure the Warrant Management System is updated.

5 3.3.4 On receiving information that a defendant has voluntarily surrendered at Luton Crown Court, the Crown Court Police Liaison Officer will confirm that a warrant is outstanding and then attend to the defendant. He / She will be arrested and placed within Crown Court cells to await the next available court space to go before the Judge The Crown Court Liaison Officer will then write an arrest statement. Three copies of the defendant s previous convictions and the completed pro-forma arrest statement will be prepared for the information of the Judge and Defence and Prosecution Barristers. 3.4 Crown Court (Bench) Warrants Crown Court Warrants can only be executed by a Police officer who will make a statement regarding the circumstances of the arrest. The statement will accompany the warrant and prisoner to Court When a Crown Court warrant is executed, the Police Liaison Officer or the Clerk of the Court must be informed immediately during office hours and guidance sought. When the Court is closed, they should be contacted as soon as it re-opens Where a Crown Court warrant is executed a distance from the issuing Court, the prisoner may be taken before the nearest local Crown Court. Where such action is considered the guidance outlined in paragraph 7.9 should be followed. If the Crown Court is not sitting (e.g. Saturday) the prisoner should appear before a Magistrates Court. The Crown Court that issued the warrant should be informed of the action when it next open. 3.5 Cross Border execution of warrants A warrant issued in Scotland or Northern Ireland for the arrest of a person charged with an offence may, without any endorsement, be executed in England and Wales by any constable or other person within the directions of the warrant. A reciprocal arrangement exists in Scotland and Northern Ireland for warrant issued in England and Wales for the arrest of a person charged with any offence. (Section 136 Criminal Justice & Public Order Act 1994) 3.6 Review Warrants will be reviewed on a 6-monthly basis and a decision made about whether to make further attempts to execute or whether to ask the Court to withdraw the warrant. 3.7 Withdrawal of warrants more than 12 months old Representatives from the Police and the CPS shall meet each quarter (March, June, September and December) to review outstanding warrants. Warrants, which are greater than twelve months old, shall be reviewed.

6 3.7.2 These reviews will consider what action has been taken or should be taken to execute the warrant before considering whether there are grounds for making an application to withdraw the FTA warrant. The checklist is set out at below An application for a warrant to be withdrawn must be supported by details of all attempts made to execute that warrant The views of the victim (where there is one) should be actively sought and taken into consideration when deciding whether to apply for a warrant to be withdrawn The Chief Inspector (Criminal Justice Department) and Warrant Administrator shall represent the Police at the meeting. The CPS Unit Manager of Bedford and Luton Criminal Justice Unit shall represent the CPS at the meeting In cases involving foreign nationals, attempts must be made to confirm that an individual has left the jurisdiction and a new location of residence ascertained. Additionally, where an address/location abroad has been given, confirmation can be sought via SOCA (Interpol - UKNCB). A decision as to the next enforcement step must be taken in consultation with the CPS, (e.g an application for a European arrest warrant or extradition order.) This process will also apply to British nationals leaving the jurisdiction of England and Wales The following is a checklist for use by police when considering a decision to withdraw a warrant. 1. Is the FTA warrant over 12 months old? 2. If the warrant is less than 12 months old. Are there exceptional circumstances which mean the withdrawal of the warrant should be considered (for example: death of defendant, (death certificate available); receipt of a substantial custodial sentence in relation to a separate offence; or clear identification evidence that demonstrates that the person named on the warrant is fictitious? You must be able answer Yes to one of the questions above before continuing checking the following points on this list 3. How serious is the case? The more serious the case, the less likely an application to withdraw the 4. What is the likely penalty for the principal offence? /What was the sentence? 5. Is there still a realistic prospect of conviction for the principal offence? Evidence may have changed in the intervening period e.g. witnesses no longer available or willing to give evidence (including police witnesses) The higher the penalty, the less likely an application to withdraw the

7 6. Is the defendant also liable for prosecution for a Bail Act offence as a result of his nonattendance? 7. Is there still a realistic prospect of arresting the defendant? 8. Are you satisfied that efforts to execute the warrant are exhaustive? 9. Are there any further avenues of investigation that could now enhance the evidence (changes in forensics, admissibility of evidence changes etc)? 10. Are the case papers and exhibits to support the prosecution for the principal offence still available? 11. Is the defendant known to be abroad (do you have contact details?) and, if so, is the offence one serious enough for extradition to be considered? If so, does the UK have an extradition agreement with the country concerned? Can a European arrest warrant be used? 12. What is the status of the defendant (i.e. on life licence or similar)? 13. Have identification issues been settled? And if not, would they now be viable if conducted after arrest? 14. Are there other matters outstanding against the same defendant (including other warrants)? NB: Consideration should be given to retaining the warrant to enable the Bail Act offence to be dealt with, even in cases where it is decided not to proceed with prosecution of the substantive offence. If yes, it is more likely an application to withdraw the If the defendant is on life licence or similar, it is less likely an application to withdraw the If identification has been settled (or would be viable after arrest), it is less likely an application to withdraw the

8 15. Is the defendant known to have been dealt with here or abroad for other matters that may affect the public interest considerations? The seriousness of any such offence may have a bearing, as it is possible that the defendant would have received an overall sentence for all offences rather than a separate sentence for this offence. 16. Is there an individual complainant (not a company) and are they vulnerable? (e.g. because of their age) 17. Has there been a delay in the prosecution of the offence, other than the defendant s non-attendance at court, which suggests the continuance of the proceedings will not be in the public interest? 18. Is there a pressing need to pursue the matter on public interest grounds for other reasons (e.g. to get the defendant on the sex offenders register)? 19. Are there any other issues that might impact on the case? If yes, it is more likely a warrant to withdraw the warrant should be sought. If yes, it is more likely an application to withdraw the warrant should be sought warrant should be sought 4. TRAINING AND ACCREDITATION REQUIREMENTS None 5. ASSOCIATED DOCUMENTATION 5.1 Legislation/ National Guidance Criminal Justice and Public order Act 1994 Joint Cross Agency Protocol Authorised Professional Practice (APP) for Enforcing sentences and managing offenders Bedfordshire Police Intranet Guidance re Warrants 5.2 Strategy/ Plan 5.3 Policies A034 Administration of Justice Policy

9 5.4 Procedures 5.5 Forms (National/ Local) 6. WHO TO CONTACT ABOUT THIS PROCEDURE The Head of Administration of Justice Department should be contacted in the first instance should there be any queries about this procedure. 7. EQUALITY IMPACT ASSESSMENT EQUALITY IMPACT ASSESSMENT Name of Sponsor Name of Author Description of proposal being analysed Date EIA started Head of Criminal Justice Research / Policy Officer, Criminal Justice Department 4114 Warrants Procedure 31 March 2014 Date EIA finished This Equality Impact Assessment is being undertaken as a result of: Delete as appropriate A new or updated policy or procedure. Note For ease of use of this document, we will refer to all of the above as proposal STEP 1 Relevance The general duty is set out in section 149 of the Equality Act In summary, those subject to the Equality Duty must have DUE REGARD to the need to: eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between different groups; and foster good relations between different groups. Authors have a statutory requirement to have DUE REGARD to the relevant protected characteristics shown below, whilst taking a common sense approach

10 age disability gender reassignment marriage & civil partnership* pregnancy and maternity race religion or belief sex sexual orientation *marriage and civil partnership the analysis applies only to the elimination of unlawful discrimination, harassment and victimisation. Section 23 of the Equality Act 2006 allows the Equality and Human Rights Commission (EHRC) to enter into a formal agreement with an organisation if it believes the organisation has committed an unlawful act. Under section 31 of the Equality Act 2006, the EHRC can carry out a formal assessment to establish to what extent, or the manner, in which a public authority has compiled with the duty. Additional guidance can be found by accessing the EHRC website: Does this proposal have a direct impact on people who: a) are any part of the Police workforce (including volunteers)? b) reside in any part of England and Wales YES YES If NO to both questions If Yes to either question Explain why and give rational Continue through to Step 2 No Further Action and Return to Sponsor for Authorisation STEP 2 Consultation / Engagement You should engage with those people who have an interest in how you carry out your work generally, or in a particular proposal. This may include former, current and potential service users, staff, staff equality groups, trade unions, equality organisations and the wider community. In deciding who to engage, you should consider the nature of the proposal and the groups who are most likely to be affected by it. The proposal owner (Sponsor/Author) must be satisfied that consultation / engagement will take place with the relevant business lead and stakeholders. This MUST include engagement with the following relevant groups: Equality and Diversity Specialist Staff Associations Staff Support Groups Relevant community groups and members of the public

11 In addition, consider who else should you consult with internally and externally? Who might be affected? Does what you are considering further the aims of the general duty, to eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between different groups; and foster good relations between different groups. Identify the risks and benefits where applicable, according to the different characteristics. Positive Impact or Benefits Impact or Risks Age (Consider elderly or young people) Disability Groups (Consider physical, sensory, cognitive, mental health issues or learning difficulties) Gender Reassignment (Consider transgender, Transsexual, Intersex) Marriage & Civil Partnership Pregnancy and Maternity Race and Ethnic origin includes gypsies and travellers.(consider language and cultural factors) Religious / Faith groups or Philosophical belief (Consider practices of worship, religious or cultural observance including non belief) Sex (Male, Female) Sexual orientation (Consider known or perceived orientation, lesbian, gay or bisexual) Have you considered how this decision might affect work life balance? (Consider caring issues Positive Impact or Benefits Impact or Risks No impact or risks

12 re: childcare & disability, safeguarding issues, environmental issues, socio economic disadvantage, and low income families.) STEP 3 Assessment Complete the EIA by analysing the effect of your proposal and detail the outcomes. What were the main findings from any consultation carried out? What feedback has been received? Using the information you have gathered and consultation that you have undertaken answer the following questions. This will help you to understand the effect on equality your proposal might have. Has the feedback indicated any problems that No need to be addressed? Describe and evidence any part of the proposal None which could discriminate Can the adverse impact identified be justified as N/A being appropriate and necessary? If so, state what the business case is: Where impact and feedback identified, what, if N/A anything can be done? What outcome will be achieved that demonstrates a positive impact on people? N/A STEP 4 - Monitoring and Review Equality analysis is an ongoing process that does not end once a document has been produced. What monitoring mechanisms do you have in This Procedure will be monitored by Chief place to assess the actual impact of your Inspector, Criminal Justice in association with the proposal? Warrants Administrator. Review Date: March 2017 First review must be no later than one year. STEP 5 - Sign Off Once the Equality Impact Assessment is complete it should be signed off by the Proposal Sponsor.

13 This sign off is confirmation that the analysis is accurate, proportionate and relevant and actions will be delivered as required. Approved by Senior Officer / Proposal lead Having considered the potential or actual effect of this proposal on equality, our assessment demonstrates that the proposal is robust and the evidence of our screening shows no potential for unlawful discrimination. We have taken all appropriate opportunities to advance equality and foster good relations between groups. Date: Name: