Offences Taken into Consideration Policy (TIC)

Transcription

1 Offences Taken into Consideration Policy (TIC) y Version 2

2 VERSION CONTROL Version Date Author Reason for Change 2 15/06/15 Insp Carl Reviewed policy and no further amendments are required Roach 1 12/11/13 First version EQUALITY IMPACT ASSESSMENT Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation. The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to: - eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act; - advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; - foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies. Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. An equality impact assessment has been completed on this policy, click here. HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it. Name: Department: Signed: C Brettle, Chartered Legal Executive Lawyer Legal and Compliance Directorate C Brettle 2

3 Freedom of Information Act 2000 Section 19 of the Freedom of Information Act 2000 places a requirement upon the Force to publish all policies on the Force website. Policies are why we do things and procedures are how we do them. A case-by-case review of procedures must be undertaken to protect law enforcement and health and safety considerations. Where a combined policy and procedure document is being produced the Force is legally required to publish the policy section and assess the procedure part to ensure no sensitive information is published. There is a requirement therefore to review this document to establish its suitability for publication. Please identify below whether the document is suitable for publication in its entirety or not. Where it is believed that disclosure will be harmful please articulate the harm that publication would cause and highlight the relevant sections within the document. Where it is perceived that there is harm in disclosure the document should be forwarded to the FOI Unit for review. Suitability for publication Suitability for publication Yes/No Date Signature Document is suitable for publication in its entirety No 08/08/2014 Detective Inspector Diane Davies Document is suitable for publication in part, I have identified those sections which I believe are not suitable for disclosure and have articulated below the harm which would be caused by publication. Harm in publication Yes 08/08/2014 Detective Inspector Diane Davies Section 31 (1) (a) (b) Law Enforcement exemption applies FOI review to be completed by FOI Unit Suitability for publication Yes/No Date FOI Decision Maker Document is suitable for No D Jones publication in its entirety Document is suitable for disclosure in part and relevant redactions have been applied. A public facing version has been created. Yes D Jones Once review has been undertaken FOI decision maker to return document to policy author and following sign off document to be published within Force Publication Scheme. Any future changes to the document should be brought to the attention of the FOI Unit, as appropriate. 3

4 Offences Taken into Consideration: TIC Policy Abstract This policy outlines how Dyfed-Powys Police deals with offences that could be taken into consideration (hereafter referred to as TIC) in order to maximise opportunities to bring more offences to justice. Policy 1 Introduction 1.1 This policy is required to ensure there is a clear and transparent process for dealing with offenders who admit to committing offences that are suitable for TIC alongside those offence(s) for which they are being investigated. It is particularly important to ensure that offences which are dealt with under this scheme are able to withstand detailed scrutiny both internally and externally. 2 Application 2.1 This policy applies to all police officers and police staff who are involved in the investigation of offences. 3 Purpose 3.1 The purpose of this policy is to: Improve the efficiency and effectiveness of the criminal justice system; Hold offenders properly to account for their actions; Increase public satisfaction and confidence; Increase the number of 'Brought to Justice' outcomes for the criminal justice agencies in Dyfed and Powys. 3.2 The process of TIC is subject to guidelines for sentencing at court, but has no statutory foundation. It is seen as a process by which courts may consider other offences admitted by the defendant. These operating procedures replace all previous policies and take account of the current Home Office Counting rules for TIC. 4 Scope 4.1 This policy and associated appendices cover the full spectrum of the TIC process from the investigation through to court. It details the joint agency protocol between the Police, Crown Prosecution Service (CPS) and the Judiciary with regard to potential sentencing options when the TIC process has formed part of an investigation. 5 Policy Statement 5.1 Dyfed-Powys Police will maximise opportunities to positively, have offences dealt with by means of TIC to secure justice for the victims. 6 Benefits 6.1 The ethical use of TIC will maximise the number of offences brought to justice, thereby increasing the number of outcomes over a range of crimes, but primarily those of an acquisitive nature. 4

5 6.2 There will be an improvement in both public and victim confidence in the ability of the criminal justice system to deal with crime swiftly and bring offenders to justice. 7 Integrity of Process 7.1 It is important to note that inducements cannot be made and phrases such as those offering bail in return for admissions for other offences, or promises that, 'all admissions herein will be TIC'd', will be avoided. If the suspect asks what will happen if they admit other offences, make reference to the 'TIC information notice' form 79 (Appendix A) 8 Responsibilities 8.1 The Officer in Charge of an investigation and his/her supervisor must ensure that TICs are considered in all appropriate cases. 8.2 This policy is owned and will be reviewed by the Force Criminal Investigation Department (CID). 8.3 CID Managers and the Force Crime Registrar will review the integrity of those offences being recorded with a TIC Outcome. Procedure 1 Introduction 1.1 All detained persons arrested for criminal matters will be served a notice known as Form 79. This gives detailed information introducing the TIC process and the benefits. This will be served on arrival at custody handling centres. 1.2 It has been agreed that custody staff will supply the arrested persons with this information but it is the responsibility of the arresting officer and the investigating officer to ensure that this has taken place. 1.3 The serving of this notice should also be considered when dealing with suspects or offenders who are not under arrest. An offender is not required to be within the custody system to admit further offences. 1.4 Arresting and investigating officers are required to understand the content of the TIC Form leaflet 79A and be in a position to answer any questions, either from the suspect or their legal representative. 1.5 It is imperative from the outset that officers resist the temptation to concentrate solely on the offence for which the suspect is under arrest. The suspect's whole offending should be taken into consideration. The mind-set should be to look at the suspect's offending in its totality, i.e. all offending in one go rather than separate arrests and investigations. It is highly uncommon that suspects are arrested after committing their first offence. 1.6 Prior to the arrest of a suspect, or as part of the preparation for an interview, the officer in the case (OIC) should research whether that person is a named suspect in other known crimes or is linked to any others (Linked Series). Proper preparation by searching the Intelligence System and crime data for similar offences should take place prior to any interview, including arresting for further offences where appropriate, in accordance with PACE/ Code of Practice. 1.7 Dyfed-Powys Police will start issuing Form 79 to suspects when they enter the custody suite. This is a form explaining the process of TIC s and how they can benefit the suspect. Form 79A will be provided to the suspect by the OIC when leaving the Police station, this will enable the suspect, to contact the officer dealing with their case should they wish to admit further offences which could be deemed suitable for a TIC. 5

6 1.8 Officers should be aware that all persons suspected of criminality can and should be offered the opportunity of offences being taken into consideration. Obviously there will be crimes that cannot be dealt with by way of TICs examples of which being murder and rape. Typical examples of offences that should be explored include criminal damage, burglary, theft 1.9 Where an offender admits further offences, the relevant crime reports should be researched to ensure the admissions stand up to management. Any offences that are charged or TIC d should then all be linked on the Force Crime System to ensure future validation of recorded crime outcomes Where fresh evidence comes to light after the release of a detainee who has chosen not to admit other offences, positive action in the form of an arrest and charge must take place. The TIC notice, where relevant, can then be used by CPS at court as part of the TIC audit process to evidence that the offence could have been admitted earlier The suspect must admit the offences and consent for them to be taken into consideration by the courts. This means admissions should be as full and as accurate as possible. A sceptical view should be taken of a suspect who is inaccurate in their recall of details, for example the property they stole or method of entry. A test to apply is 'could this offence be charged if the defendant withdrew their consent to accepting it?' 1.12 If the suspect indicates they wish to admit further offences, an interview should be conducted in accordance with PACE. Officers should obtain as much information as possible so there can be no room for doubt that the offender has committed the offence. This should happen in every case If the defendant is already serving a prison sentence they may be subject to a Production Order. Alternatively, providing there is no abuse of process, arrested upon their release from prison. 2 Initial Detention 2.1 When a detained person comes into custody the custody officer will serve a "Dyfed-Powys Police TIC Custody Notice" leaflet to the detained person in conjunction with their notice of rights and entitlements unless they consider this is inappropriate (e.g. murder, serious sexual abuse or drink driving). This should be done in consultation with the arresting officer or OIC. The custody record must be endorsed to show this has been served. 2.2 The approved TIC Posters should be overtly displayed in custody centres. 2.3 A Letter to defence solicitors explaining the Dyfed-Powys Police stance on TICs can be found at Appendix C. 2.4 See also Appendix G for the TIC process chart. 3 Interview Process 3.1 Once a detained person has been interviewed about the offence for which they were arrested the 'TIC warning' can be given and the TIC Notice served on them. The TIC warning is as follows: i. "You have been interviewed with regards to the offences for which you have been arrested and this is your opportunity to admit responsibility NOW, for any other offences you may have committed" 6

7 ii. Remind detainee they are still under caution iii. SERVE TIC NOTICE iv. "Do you understand this?" v. Clarify or suspend interview to allow for consultation as appropriate vi. "Tell me about any other offences you have committed". 3.2 The warning and service of notice must form part of the interview and must be recorded. Once the warning has been given, the interview may have to be suspended as the suspect may wish to consult their legal representative in private, in accordance with s58 PACE. 3.3 Where the detained person does not have legal representation then the TIC warning and service of notice will take place as described but will need some explanation. Good practice would be to read through the notice during the audio recording phase as part of the interview and ensure that it is fully understood in a similar way to that of the caution. 3.4 When interviewing a suspect there should be no preconceptions as to the mode of disposal. The final decision should be taken when all relevant facts are known. Under no circumstances should any inducement be offered or assurance given that offences admitted during the interview will not result in prosecution. The OIC should consult with the CPS/custody sergeant and include any proposed TICs as part of that decision making process under the present statutory charging procedures. 3.5 The TIC Warning and serving of Notice will normally take place once questioning for the original offence(s) is complete. Where the suspect does not admit the offence or makes no comment the TIC notice should be served prior to the introduction of any 'bad character' evidence. 3.6 If the decision is to charge the detained person with an offence following a 'No Comment' interview, best practice would be to remind the person of the TIC Notice and allow them the opportunity of admitting further offences before they are served with the charge. This must be documented on the custody record. If the detained person should then wish to make further admissions a further interview in accordance with PACE must be undertaken. 3.7 The TIC notice will be signed by the interviewing officer and offered to the detained person for signature. Should the detained person refuse to sign the notice this should be endorsed to that effect and noted on the custody record. A copy of the notice should be handed to the detained person and the original retained on the file. This notice will then be the record of the TIC opportunity for that particular interview. 4 Recording & Audit Trail 4.1 The Officer in Case will retain the TIC notice. 4.2 The custody record must be endorsed that the TIC Notice has been served on the offender. 4.3 The whole process will demonstrate that if the offender is subsequently charged, it can be shown they had been given the opportunity to make admissions but failed to do so. 4.4 This audit trail can then be presented to the court as part of the joint agency protocol which may influence the nature of the sentence passed. 5 Charging and CPS Guidelines 5.1 The importance of not discussing the disposal of a particular offence with the suspect is particularly important both in terms of PACE where the suspect or legal representative later challenges the evidence obtained and the future credibility of the officer. 7

8 5.2 The custody officer or duty prosecutor, should decide after consultation with the OIC whether it is appropriate for the suspect to have offences taken into consideration. Guidance can always be sought from CPS where a suspect admits multiple offences. The ratio of charges to TICs must reflect the severity of the offending. There are no strict rules as to the ratio of charges to TICs although this should be 'reasonable'. In extreme cases, i.e. one charge to fifteen or more other offences, which the suspect wishes to be TIC'd it would be advisable to consult with the CPS. The investigating officer should prepare the necessary TIC forms (MG 18). The suspect must read the prepared document and be given the opportunity to volunteer any statement. The accused should sign the document and be given a copy for their information. 5.3 In exceptional circumstances when it is not possible to complete TIC forms at the time of charging the suspect, CPS should be made aware so that they can be served on the suspect at court. This should be recorded on the MG3. Every effort must be made to complete the TIC procedure while the defendant is in police custody and consult with the duty prosecutor or CPS Direct. 5.4 Section 31 (1) (a) (b) Law Enforcement exemption applies 5.5 The investigating officer will prepare the appropriate prosecution file for submission to CPS including a TIC form detailing the number and type of offences to be taken into consideration, crime reference number and an application for compensation. Contact should be made with the victim to ascertain correct compensation details. The suspect will be asked to sign the completed form as soon as possible but his release from custody cannot be delayed for this purpose. It is the responsibility of the Officer in the Case to ensure TICs are presented and accepted at court when sentence is passed. 6 Remanded or Serving Prisoners 6.1 Section 31 (1) (a) (b) Law Enforcement exemption applies 6.2 The Home Office rules changed in the area of prison visits for the purposes of writing off crime through the old term known as 'Prison Write-offs' where a prisoner was given the opportunity of admitting offences they had committed in the knowledge that they would not be prosecuted. The Home Office no longer count these offences for detection purposes and therefore visits for this purpose would be inappropriate. 6.3 A Production form must be completed before any visit takes place. This includes a Risk Assessment Aide Memoir attached to the form which must be signed by the requesting officer. This clearly outlines the requirements expected while the prisoner is in the custody of the police. These requirements MUST be strictly adhered to as any breaches are subject to possible discipline and/or criminal charges. The Production form can be found within the Information and Intelligence Department intranet page. 6.4 Where a detained person is interviewed following conviction and prior to sentence regarding the possibility of TICs then the TIC notice can still be served and recorded. 6.5 Prisoners, which include those on remand or serving a prison sentence, who accompany officers to pinpoint offences must still be subject to a contemporaneous interview at the scene or nearby. The type of questions to be asked for different categories of crime to evidence the offence can be found at Appendix B. Any interviews made during such tours will be treated as original notes. The suspect should be arrested and cautioned for every admission. Each admission must be timed, dated and signed by both the suspect and the officer conducting the interview. Codes of Practice and PACE must be complied with. On 8

9 returning to the police station an audio recorded PACE interview or PACE compliant contemporaneous interview must be conducted to cover the admissions made. 7 Other Considerations 7.1 Although Dyfed-Powys Police is advocating increased awareness of procedures and practise relating to TICs, not every case is necessarily appropriate for this course of action, and therefore officers must use the following guidance:- An offence should not be taken into consideration if the public interest requires that it should be the subject of a separate trial. An offence should not be taken into consideration if it is one where a court is required to disqualify the offender from driving or endorse their driving licence in the event of conviction (R v Jones: 1970). An offence should not be taken into consideration if it is one which a court is not empowered to try. (R v Simon : 1953, R v Warn : 1937). An offence should not be taken into consideration unless they are similar to those charged (i.e. you cannot charge suspect with an offence of possess drugs and TIC thefts. An offence should not be taken into consideration if it is breach of a probation order. This should be made the subject of a separate sentence. (R v Webb : 1953). The offences taken into consideration must be similar to, but not more serious than the offence charged. Generally this is dependent on the type of offence (see below, but values, victim s vulnerability, time of day, type of premises etc. should all be considered). Also, TICs must also be like offences to the offences charged i.e: Charge: Burglary Charge: Rape Charge: Drugs Supply TIC: Theft TIC: Indecent Assault/Exposure TIC: Possession An offence should not be taken into consideration where doing so would deny the court the opportunity of making an ancillary order, e.g. ASBO on conviction, Sexual Offences Prevention Order on conviction, forfeiture or confiscation of property/cash, or cancellation of firearms/shotgun certificates. 7.2 Officers involved in obtaining TICs need to apply the National Crime Recording Standards. The evidence supporting the case must be sufficient to pass the CPS evidential test i.e. there is enough evidence to provide a 'realistic prospect of conviction'. 8 Recorded Crime Outcomes and Decision Making Process All crimes and crime outcomes should be recorded in accordance with the most current version of the Home Office Counting Rules for Recorded Crime (HOCR) A copy of the HOCR can be found on the Force Crime Registrar intranet page. The HOCR state the following: 9

10 Outcome 4 Taken Into Consideration THERE MUST BE A PACE COMPLIANT INTERVIEW WHERE THE SUSPECT HAS MADE A CLEAR AND RELIABLE ADMISSION OF THE OFFENCE AND WHICH IS CORROBORATED WITH ADDITIONAL VERIFIABLE AUDITABLE INFORMATION CONNECTING THE SUSPECT TO THE CRIME. The offences taken into consideration must be similar to, but not more serious than, the offence charged. the TIC acceptance form (MG18) has been signed and the FCR is satisfied that there is additional information connecting the person to the crime. For TIC(s) in other Police Force Areas it is acceptable for the originating Force s Designated Decision Maker to state that this requirement has been met. It is not necessary for the receiving Force s DDM to perform the same task. so be counted under this outcome type once there is a PACE compliant admission and the offender, having previously failed or declined to sign the TIC acceptance form (MG18), whilst at court during sentencing asks for the offence(s) to be taken into consideration by the court, and the FCR is satisfied that there is additional information connecting the person to the crime. In these circumstances it is preferable for the TIC acceptance form to be signed during the proceedings; where for any reason this doesn t happen the force must prove the offence(s) were taken into consideration by the court, before assigning an outcome. outcome can remain. ctim confirms that the offence occurred, crimes that have not previously been recorded but which are taken into consideration, should be recorded and the outcome assigned to them. If the victim cannot be traced or does not confirm the crime then it should neither be recorded nor assigned an outcome. Complete TIC Application Form (TIC1) and scan onto CMS along with a copy of the MG15 Ensure details of the charged offences have been provided on the TIC1 along with the cross reference crime number(s) to be TIC. If dealt with by another Force provide that Force s crime reference number(s). If already approved by another Force s Designated Decision Maker scan confirmation document onto CMS. Where appropriate complete a TIC Not Previously Recorded (TIC2) form for each additional victim and scan onto CMS along with victim statements for each additional crime to be recorded. Scan all relevant supporting documents (Police Report Summary, interview transcript, MG18 etc. onto CMS. 8.1 The system of using TIC forms for offences admitted by suspects and their subsequent recording as outcomes must be able to withstand detailed scrutiny under any later Crime Audit and therefore supervisors have a responsibility to ensure that these procedures are complied with. 10

11 8.2 Offences may only be shown as an outcome by way of TIC with the express authority of the Force Crime Registrar who will be satisfied that :- Offences are suitable to be dealt with by way of TIC Home Office rules for an outcome of a crime have been followed. Officers have complied with this policy 8.3 Any TICs submitted for authorisation should include an accompanying report containing information such as:- Offender's full details Details of offences charged TIC Clear-Up Pack (located at Force Crime Registrar intranet page) 8.4 Every effort should still be made to maximise outcome potential from all detained persons, taking offences into consideration at every opportunity. Should a detained person have had this opportunity and forensic evidence later comes to light on other offences, then the TIC policy should be followed i.e. further arrests and charges even if they are serving prisoners. If this is not adhered to the whole process will be undermined. 11

12 Appendix A Explanatory Notes for Police Officers and Police Staff. A leaflet has been prepared which replaces the original Notice to Detained Persons that will be handed to prisoners during the booking in process. This will give early awareness to the prisoner of the benefits of admitting other offences. Officers should be aware of the contents of the leaflet and may use the following "FACTS" to emphasise the points. FACT - Dyfed-Powys Police take DNA and fingerprints from all suspects arrested for a recordable offence. These will be searched against all outstanding marks at scenes of crime. FACT - Dyfed-Powys Police will ensure your DNA is registered on the National DNA database and searched against all outstanding crime scenes. FACT - when Dyfed-Powys Police identify people who have committed crimes they will arrest them and charge where there is sufficient evidence. This includes arresting people who have just left prison if necessary. FACT - Police will arrest people for offences committed some years ago where new evidence has come to light. FACT - if you are convicted separately on a third occasion of certain crimes you will receive a minimum jail term (e.g. house burglary three years, drug dealing seven years). FACT- due to changes in the court system your case will be dealt with more quickly than previously. After conclusion of the case the chance to have other crimes taken into consideration (TIC's) will no longer be available to you. FACT - Dyfed-Powys Police no longer visit people in prison and 'write off' crimes they wish to admit while in prison, however, undetected cases are re-opened regularly. FACT- even though TIC's only apply to similar offences you will still receive credit from the court for pleading guilty to offences you have committed. Generally, the earlier you plead guilty the more credit you get. See Sentencing Guidelines Council Reduction in Sentence for a Guilty Plea definitive guidelines 2007 Appendix H. All procedures in the policy must be followed as any breach of PACE under Sections 76 or 78 will lead to the exclusion of that evidence. The forms below are the documentation that will be handed to prisoners on arrest or during interview by the OIC. The TIC forms jointly come under the heading Form 79 and are bilingual. 12

13 Form 79 NOT PROTECTIVELY MARKED What are Offences Taken Into Consideration (TIC)? You will be interviewed about the offence for which you have been arrested. If you committed this offence and admit it then, at the end of the interview, you will be invited to admit responsibility for any similar offences committed by you. Depending on all the circumstances these offences may be taken into consideration by the court. When you are charged with an offence you can ask for similar offences for which you are responsible to be taken into consideration by the court. This may allow you to clear up your crimes without further charges being made giving you the chance to start life with a clean sheet. However, if you decide not to take this chance and sufficient evidence of your involvement in other offences is found at a later date through fingerprints, DNA, or other means, then you can expect to be charged and prosecuted. This is your opportunity for a Fresh Start, think about taking it 13

14 Form 79A Officer In Case Name: - Rank: - Location: Telephone: Crime Number: Custody Number: You will be dealt with fairly, openly, and with respect. A desire to change together with a positive attitude, will be recognised by the Courts. Your Window of Opportunity Operation FRESH START Offences Taken Into Consideration Take the first real step to change your life and those you care about, for the better. DO NOT ADMIT TO CRIMES THAT YOU HAVE NOT COMMITTED! You What is TIC? Useful Numbers You have been arrested for a criminal offence. How many more times do you want to be arrested, have your home searched, damage your future employment and upset your family? Offences Taken Into Consideration (TIC), is what it says, you simply admit to crimes that you have committed, so that they may be taken into consideration by a court. If you admit to crimes during interview and plead guilty when you first appear in court, you Crime Stoppers Drugs Line Samaritans 14

15 You could turn your life around and have a Fresh Start. You need to make a decision to stop yourself from returning to custody time after time. You know that it is just a matter of time before you are linked to another crime that you have committed. You can turn your life around but only you can make that decision. DO NOT ADMIT TO CRIMES THAT YOU HAVE NOT COMMITTED! may receive a reduced sentence. This is your opportunity to admit to other offences that you are responsible for. If you are confused about your position, simply speak to the officer dealing with your case. Make the most of this opportunity, as your future really is in your hands. Put your offending behind you! Child Line Territorial Policing Crime 15

16 APPENDIX B Vehicle Crime Time commenced Vehicle/area indicated: (important to record whether actual vehicle present) Immediate comments made Q - Did you break into/steal/damage this vehicle? ARRESTED AND REMINDED OF CAUTION. Do you understand you are entitled to legal advice at this stage? Q - Are you prepared to continue this interview without a legal advisor? Q - Tell me what happened? Q - When was it? Q - What time of day was it? Q - Describe in detail how you broke into/damaged the vehicle? Q - Describe the vehicle? Q - Exactly where was it parked (include direction facing)? Q - What did you do inside the vehicle? Q - How did you start the vehicle? Q - What did you take from the vehicle? Q - What did you do with the property that was stolen? Q - Where is the property now? Q - Where did you abandon the vehicle? Q - When was this (cover how long after theft)? Q - Was the vehicle damaged in any way? Q - Is there anything else you remember about this particular matter (e.g. alarm activation, being seen, injury sustained, incident whilst driving? I agree this is a true record of what was said. Signature of Prisoner.. Signature of Police Officer.Warrant No Time.Date. Offence of Burglary (Dwelling/Non-Dwelling) Time commenced Address indicated Immediate comments made Q - Did you commit a burglary at these premises? ARRESTED AND REMINDED OF CAUTION. Do you understand you are entitled to legal advice at this stage? Q - Are you prepared to continue this interview without a legal advisor? Q - Tell me what happened? Q - When was it? Q - What time of day was it? Q - How did you get there? Q - Describe how you got in? Q - Describe what you did in the house/building? Q - Describe the layout? Q - What did you take? Q - How did you leave? Q - What did you do with the property that was stolen? Q - Where is the property now? 16

17 Q - Is there anything else you remember about this particular matter (e.g. alarm activation, being seen, dog in premises, injury/cut sustained etc.)? I agree this is a true record of what was said. Signature of Prisoner.. Signature of Police Officer.Warrant No Time.Date. Other Crimes Time commenced Crime and location indicated Immediate comments made ARRESTED'AND'REMINDED OF CAUTION. Do you understand you are entitled to legal advice at this stage? Q - Are you prepared to continue this interview without a legal advisor? Q - Tell me everything you can recall about this crime? Q - When was it? Q - What time of day was it? Q - Where were you at the time? Q - Describe exactly what you did? Q - What did you take? Q - What did you do with the property that was stolen? Q - Where is the property now? Q - Is there anything else you remember about this particular matter (e.g. alarm activation, being seen, injury sustained, other incident)? I agree this is a true record of what was said. Signature of Prisoner.. Signature of Police Officer.Warrant No Time.Date 17

18 APPENDIX C Letter To Defence Solicitors Dear Sir / Madam OFFENCES TAKEN INTO CONSIDERATION The purpose of this letter is to explain to defence solicitors how Dyfed-Powys Police will be encouraging those in custody to consider having all outstanding matters dealt with at one time through the procedure of 'taking offences into consideration'. This is within a framework of an inter-agency policy with our Criminal Justice Partners, in particular the Dyfed-Powys Crown Prosecution Service and the Courts. The detained person will be handed a leaflet whilst in custody, explaining the advantages of admitting further offences. The intention will be to reduce the risk of fresh proceedings being necessary (including gate arrests) if further evidence becomes available such as fingerprint and DNA identifications. Under the Powers of Criminal Courts (Sentencing) Act 2000 certain offences will result in an automatic prison term. Dyfed-Powys Police takes DNA and fingerprints from all suspects charged with a recordable offence. Changes in the law allow these to be kept even where there is an acquittal. This has resulted in a large increase in the number of DNA suspect hits and an increase in fingerprint identifications in Dyfed and Powys. Increasingly sophisticated forensic techniques are producing matches from crime scenes with DNA or fingerprints held on file that had previously been unidentified. This also means that Dyfed-Powys Police reviews crimes that are undetected in the hope of identifying and prosecuting offenders. Suspects will be given the opportunity to admit further offences that they have committed, at the time they are interviewed. If this opportunity is taken to admit other offences, serious consideration will be given to dealing with these by way of TIC rather than charge. Early guilty pleas and admissions lead to an entitlement to a reduction in the sentence that would otherwise be passed. Where suspects do not take this opportunity and further evidence subsequently comes to light confirming they are responsible for other offences, they may well be charged. Each time a suspect is offered the opportunity to admit other offences, this will be recorded and that information presented to any subsequent sentencing court as part of an on-going audit trail through use of a TIC Notice. If your clients wish to make use of the TIC procedure it is, of course, important that they understand what they are being asked to accept and when being legally represented, will no doubt, look to you for appropriate advice and guidance. Yours faithfully 18

19 APPENDIX D Interviewing For Other Offences A Practical Guide Section 31 (1) (a) (b) Law Enforcement exemption applies The following quote by Lord Diplock in the case of DPP v Anderson is worthy of note: "The laudable object of the practise is to give to a convicted offender the opportunity when he has served his sentence to start with a clean sheet and not to be arrested at the prison gates for some other offence which he committed before the particular offence which was the cause of his conviction...if justice is to be done it is essential that the practise should not be followed except with the express and unequivocal assent of the offender himself " (All England Law Reports p ). 19

20 APPENDIX E Joint Policy Statement - Offences To Be Taken Into Consideration The evidential test for a crime to be counted as a TIC is as set out in the Home Office Counting Rules on outcomes: "there must be sufficient evidence to charge the suspect with the crime". Dyfed-Powys Police and Crown Prosecution Service (CPS) intend to identify opportunities to maximise the use of TICs in order to contribute to bringing more offences to justice and promote victim and public reassurance. By adopting a robust and auditable process offenders will be given every opportunity to admit the extent of their offending behaviour prior to sentencing and to put this before the sentencing court. Where a suspect has previously admitted to the police offences which it is proposed are dealt with by way of TIC, but then fails to ask for these to be considered by the sentencing court, serious consideration will be given to prosecuting these offences. In addition, if the opportunity to admit additional offending is declined by a suspect and evidence of further offending is subsequently identified, serious consideration will be given to prosecuting those offences and enabling the courts to deliver appropriate sanctions. 20

21 APPENDIX F Joint Police/CPS Guidelines For Preparation Of TICs 1. At pre-charge stage, and in accordance with current DPP Guidance on statutory charging, the Duty Prosecutors (DPs) must discuss and consider any MG18 with the OIC and determine appropriate levels of charging and TICs. If part of a charging decision then the proposed TIC offences should form part of the MG3 provided to the DP. Factors to take into account: TICs do not enable a sentencing court to impose a sentence greater than the maximum available for any charges. Although courts can order compensation to be paid to victims of a TIC, the total sum of a compensation order is limited by the offences in respect of which the offender has been formally charged and convicted. Prosecutors should consider the police calculations on form MG18 to establish the total amount of compensation claimed. Prosecutors must ensure that the level of charging empowers the court to impose sentences that reflect the totality of offending and order sufficient compensation. 2. A full file of evidence is not required in relation to TICs, but there must be sufficient evidence to charge, e.g. an admission, corroborated by a crime report and material fact, such as forensic evidence linking offender and offence, or detail that only the offender could have known by virtue of being the offender. The list below is the minimum contents required for a file submission to CPS regarding a TIC offence. These will be part of a master file with respect of any offences that have been charged. File contents Crime Report for each TIC PRS with details of proposed TIC's & details of prior service of form 79 notice. MG6 which specifies the corroborating evidence for each TIC Statement from victim as appropriate SDN or ROTI as appropriate with details of admission for each TIC Fully completed & signed MG18 3. At any stage of the proceedings, if TICs come to light, prosecutors must ensure that these are considered as soon as possible and put before the court prior to sentencing. Only offences that are similar in nature to any charged can be TIC'd. Consideration should be given to charging offences that are dissimilar in nature, applying for an adjournment if necessary, so that the offender is given the opportunity to be sentenced for all offences at the same time. 4. Where a defendant who has not previously indicated TICs to the police enters a guilty plea to a charge and there is information available from the police or defence that there may be TICs, prosecutors should ask the court for an adjournment prior to sentencing, to enable the police to interview the defendant and establish the true level of offending. Prosecutors should then determine whether there should be further charges and/or TICs. 5. Prosecutors and caseworkers must ensure that accurate endorsements are made on file jackets, indicating how many and which TICs are accepted in court. 21

22 Where an offender refuses in court to accept any TICs on form MG18, the file must be referred back to the file owner, who should review the case, consult with the police and determine whether charges should be brought. Failing to bring further charges in this situation cannot be justified solely on the grounds that the sentence passed was substantial and it is unlikely that any additional sentence will be significant. The public interest, victim and public confidence in the criminal justice system may better be served by pursuing further charges in these situations. Each case must be considered on its own merits. 6. Where the police provide evidence sufficient to charge further offences after sentence has been passed, prosecutors must give full consideration to the public interest in pursuing further charges (and TICs, if appropriate). See the public interest considerations in paragraph 5 above; in addition, the fact that these offences pre-date the sentence passed is not in itself a valid reason for taking no action, particularly if the offender has been given opportunities by the police prior to sentencing to admit all his offending. Where it is determined to bring further charges and the offender in due course stands to be sentenced, prosecutors and caseworkers must ensure that the sentencing court is presented with the information provided by the police, indicating the opportunities previously given to the offender to admit all his offending and the stage at which he did so. 22

23 APPENDIX G Process for Recording the Crime Outcome Please see the Force Crime Registrar intranet webpage 23

24 APPENDIX H Reduction in Sentencing Guidelines Revised_2007.pdf 24