Pre-charge bail (PCB) and Release Under Investigation (RUI)

Freedom of information request reference no: 01.FOI.22.025188

I note you seek access to the following information:

MPS stated that 'wanted' reports are initially retained for 3 years.

1. Assuming the individual is not arrested within 3 years and the officer decides to extend the validity period, how long is each extension valid for, or is the officer able to choose any period of time?

2. Except for murder, would there be a maximum time limit for which an individual can be 'wanted'?

MPS also stated that 'Prior to Brexit on 31/12/2020, our wanted reports would also have been circulated to the Schengen member states via the Schengen Information System (SIS). Since Brexit, this avenue has not been available, so we now utilise an INTERPOL diffusion notice.'

3. Can you clarify whether either the Schengen or the Interpol circulations were/are automatic (eg. would they be used in all cases involving foreign offenders, or specific serious offences etc.)? Or do MPS officers assess the need for this on a case-by-case basis?
4. Please provide information on the decision-making process and criteria used by MPS officers to decide whether an international alert would be necessary, including any internal documents prepared by MPS or given to MPS by other authorities.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - Assuming the individual is not arrested within 3 years and the officer decides to extend the validity period, how long is each extension valid for, or is the officer able to choose any period of time?

A1. PNC Circulations – After 3yrs the PNC will be weeded. The OIC (Officer In the Case) would then need to renew the circulation. After 3yrs it would be weeded and on and on until the OIC decided not to.

Q2 - Except for murder, would there be a maximum time limit for which an individual can be 'wanted'?
MPS also stated that 'Prior to Brexit on 31/12/2020, our wanted reports would also have been circulated to the Schengen member states via the Schengen Information System (SIS). Since Brexit, this avenue has not been available, so we now utilise an INTERPOL diffusion notice.'

A2. Part 1 – A case by case basis. A shoplifter who has been wanted for 3yrs for a £25 theft and where the witnesses no longer work for the store or the store no longer exists would likely be weeded. An assault investigation might be circulated for many years depending on the level of injury.
Brexit – Wanted circulation are now done on INTERPOL DIFFUSIONS and NOTICES

Q3 - Can you clarify whether either the Schengen or the Interpol circulations were/are automatic (eg. would they be used in all cases involving foreign offenders, or specific serious offences etc.)? Or do MPS officers assess the need for this on a case-by-case basis?

A3. Wanted Circulations (Arrest) – In short the answer is that neither SIII S26 Alerts or INTERPOL RED Notices are automatic.
• SISII used different types of ALERTS. A SISSII S26 ALERT was an ALERT that circulated a wanted offender who could be extradited. An Arrest under S26 would instigate extradition proceedings and so required the authorisation of the CPS. It was not automatic. INTERPOL RED circulations are exactly the same but, go out to a wider group of countries rather than simply the EU member states.
• Other SISII ALERTS were automated. ALERTS that dealt with Missing people, Locate/Trace markers for people, stolen vehicles & property. That is the key difference between SISII and INTERPOL. For example, a Missing person investigation where there was no evidence to support the subject as having any intention of leaving the UK would still generate a SISII S32 Alert. With INTERPOL, unless there is some intelligence to support the person as having left the UK an investigating officer would be unlikely to circulate that person via an INTERPOL YELLOW Notice. All INTERPOL Notices are done on a case by case basis.

Q4 - Please provide information on the decision-making process and criteria used by MPS officers to decide whether an international alert would be necessary, including any internal documents prepared by MPS or given to MPS by other authorities.

A4. Decision making processes/criteria – In short - Much of the guidance is owned by CPS, NCA and INTERPOL. That guidance is available online and links to that guidance can be found within the Guidance the MPS uses via the College of Policing 
Before a person is circulated via an Interpol RED NOTICE the investigation has to satisfy the extradition criteria. The offence has to be indictable and a 1st Instance warrant must be in place. A first instance warrant is where the CPS have reviewed an investigation and have decided that the investigation is ready to proceed to trial. The CPS will give authority to an investigating officer to seek a power of Arrest warrant from a Magistrates court. The effect of this warrant is that once a suspect is bought back to the UK following the conclusion of the extradition process, they are arrested and taken to court.

Does the MPS circulate every single case that meets this criteria?

The answer is no. The rationale for this is that it has to be proportionate. Investigating officers have a role in assessing the proportionality but, the NCA, INTERPOL and CPS own the guidance.

Much of this guidance is available online and links to that guidance can be found within the Guidance the MPS uses via the College of Policing 

For further information, you may wish to contact the NCA for their guidance.