SOPs and data on upskirting

Freedom of information request reference no: 01.FOI.22.023664

I note you seek access to the following information:

1. Please tell me what is the Secondary Investigation – Frontline and Supervisor checklist?

2. The Investigation of Crime policy details SOPs covering these areas:
Immediate Action
Scene
Forensics
Victims/witnesses
Suspects
Other evidence

I would like to access these documents. Please send copies.

3. How many Upskirting offences have been recorded by the MPS since April 2019 to date.
4. Of these, how many suspects have been charged?
5. Of those suspects who were charged, how many prosecutions were supported by CCTV evidence, Witnesses to the offence, both CCTV evidence and witnesses to the offence?
6. How many of those suspects who were charged were found guilty?

Decision

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

Please find below information pursuant to your request above.

Please note, the MPS are not responsible for prosecuting cases and therefore we do not hold the information requested at points 5 and 6.
Q5 - Of those suspects who were charged, how many prosecutions were supported by CCTV evidence, Witnesses to the offence, both CCTV evidence and witnesses to the offence?
Q6 - How many of those suspects who were charged were found guilty?

You are advised to contact the courts for such information.

Q1 - Please tell me what is the Secondary Investigation – Frontline and Supervisor checklist?

Please find the relevant extracts as requested:

“Secondary investigation frontline checklist
If you are dealing with a specific crime e.g. Hate Crime and it has escalated or has the potential to escalate into a Critical Incident, you must continue to follow the specific policy toolkit e.g. Hate Crime and also the relevant checklists within this Critical Incidents toolkit.
Immediate actions
• The General Investigation toolkit should also be complied with.

• Take control, confirm the nature of the incident and follow the relevant policy for the situation faced e.g. Hate Crime.

• Use and review Golden Hour principles when responding to the incident (see Q&As)

• Identify if any of the critical elements are present (see matrix).

• Set appropriate risk management plans.

• Consider risk of community tension. If risk is high, inform supervisor immediately. The risk decision must be recorded on CRIS.

• Inform a supervisor as soon as possible of concerns, change of issues or a situation escalates.

• Ensure you receive a clear investigation strategy from your supervisor.

• Conduct and assess full intelligence checks.

• Identify and manage any confidence factors from the victim, family or community.

• Consider positive intervention e.g. arresting suspects.

• Ensure VCOP standards are followed and that the victim is updated on a regular basis.

• Consider preventative and reduction strategies to manage the Critical Incident (see Q&As).

• Identify if specialist support is required.

• Ensure the National Decision Model and Code of Ethics are taken into account when investigating and recording incidents.

• Regularly assess the status of the Critical Incident issues within the incident/investigation review, and clearly record the rationale for any decisions taken.

• Ensure documentation including CRIS reports, statements and decision logs contain appropriate language and comply with disclosure legislation.

• Secondary investigators MUST be aware that frequently an incident will not be declared a Critical Incident at the start of the incident. The incident may escalate over time as the enquiry continues and must be declared as such when first identified.”

“Secondary investigation supervisor checklist
If you are dealing with a specific crime e.g. Hate Crime and it has escalated or has the potential to escalate into a Critical Incident, you must continue to follow the specific policy toolkit e.g. Hate Crime and also the relevant checklists within this Critical Incidents toolkit.
Immediate Actions
• The General Investigation toolkit should also be complied with.

• Attend the scene of any serious incident, for example threats to life, serious violence, homicide.

• Ensure a review of the Critical Incident is conducted by a Supervisor of at least the rank of Inspector within 8 hours of the initial identification/notification that the incident is critical.

• Conduct a review of the relevant CRIS / Decision Log / IML for the incident. The review must include:

- The current status of the incident and reason for the declaration or declassification of the incident as critical.
- An assessment of the Critical Elements (see Critical Elements Matrix Flowchart).
- A clear strategy for managing the victim, family and community confidence.
• If an incident is to be handed to another unit, e.g. the Homicide and Major Crime Command, the initial Critical Incident Review must be completed

• If the enquiry is to be handed over to a non- BCU team e.g. The Homicide and Major Crime Command, it is essential that the BCU continue the review process. This ensures the lines of communication and information sharing are clearly established and updated regularly.

• Consider preventative and reduction strategies to manage the Critical Incident (see Q&As)

• Provide a clear investigation strategy for the secondary investigator to follow.

• Ensure that enquiries are monitored and reviewed on a regular basis to maintain their integrity and identify any emerging critical elements.

• Monitor and review the ongoing confidence of the victim.

• Ensure an Inspector carries out a review where an incident remains critical after 8 hours,

• Ensure a member of the Senior Leadership Team (SLT) of at least Superintendent rank carries out a review if the incident remains critical after 24 hours.

• Ensure the review process is repeated at 7 day intervals while the critical incident remains live until it reaches 28 days.

• If it remains critical after 28 days refer to immediately to the SLT (see SLT checklist).”

Q2 - The Investigation of Crime policy details SOPs covering these areas:
Immediate Action
Scene
Forensics
Victims/witnesses
Suspects
Other evidence

Please find below the relevant extract of the ‘General Investigation Policy’ which answers your question:

“Initial investigation - frontline
The initial stage of an investigation is an opportunity to gather crucial evidence and will often leave a lasting impression on victims and witnesses which in turn will impact on their trust and confidence in the service we provide.
The actions detailed below set out what is expected of an officer with regards to victims, witnesses, suspects, crime scenes and forensic opportunities at the start of an investigation. Officers are expected to use their judgement and to continually identify, assess and manage risk whilst completing these steps (see Risk policy).
These actions are intended as a guide to help you when you first arrive at an incident. It is not intended to be a definitive list as to all of the actions you must take, it is intended as a minimum standard. Any other actions taken in the circumstances you face must be justified and then recorded on the crime report - CRIS.
3.1 General Actions when you arrive at a scene / commence an investigation
3.1.1 If you are first to arrive on scene assume supervisory responsibility and update CAD
3.1.2 You must ensure that all officers in attendance are recorded on the CAD record
3.1.3 Is this a critical incident? Ensure this is declared and recorded on the CAD to initiate the correct procedures. Use the appropriate flag when recording on CRIS
3.1.4 Provide medical aid where appropriate. Request LAS where necessary.
3.1.5 Identify whether you will need further resources. This may be more ERPT officers or it could be other resources such as TSG, Dog Units, Firearms Units, EXPO, LAS, LFB, FME etc. Ensure the details of all attending resources are recorded on the CAD.
3.1.6 Establish full details of the incident. You must investigate all alleged offences. You should establish what happened, when it happened, where it happened, who was involved and why.
3.1.7 Record all investigative actions taken at scene. You can either record actions directly onto CRIS or use your PNB or an EAB and transcribe the notes onto CRIS.
3.1.8 Ensure the safeguarding of any person involved in the investigation by assessing all victims/witnesses/suspects/persons in line with the Vulnerability Assessment Framework (VAF). If deemed vulnerable, follow the policing response as per the appropriate toolkit for adults and children. Complete a MERLIN and flag appropriately on CRIS.
3.1.9 Make a note in an EAB of anything which may be of evidential value or use in a later enquiry. Record any admissions or significant statements/unsolicited comments and ask the suspect to sign it.
3.1.10 Is this a critical incident, hate crime, domestic abuse or threat to life? Show relevant flags on CRIS report.
3.1.11 Take appropriate action where a child is involved/present and any of the Every Child Matters Key Outcomes are not being achieved.
3.1.12 Ascertain and accurately record details of stolen property on CRIS, including serial numbers, IMEI numbers, unique identifiable references or marks.
3.1.13 You must complete a CRIS before the end of your tour of duty. Ensure this CRIS number is recorded on the working CAD.
3.1.14 Record any relevant intelligence on CRIMINT.
3.1.15 If the Investigating Officer is known personally to any suspect or witness a supervisor MUST be informed to preserve impartiality and transparency.
3.2 Scenes – Specific actions to take to best secure and preserve a crime scene
3.2.1 Identify the crime scene. Remember there may be more than one. Ensure all scenes are preserved and cordon them off if necessary.
3.2.2 Identify any risks or hazards. Take steps to minimize or manage them and ensure they are communicated to other resources attending.
3.2.3 If a crime scene log is required, start it at the earliest opportunity. If a log is not available, you may use an EAB or PNB until one is made available.
3.2.4 You must accurately record the venue and include a postcode to assist intelligence gathering around crime hotspots.
3.2.5 Consider whether you will require any equipment to aid scene preservation such as tents, lighting, power or screens. Property Services can be contacted 24/7 via CCC.
3.2.6 Inform CCC if you need to divert public transport.
3.2.7 Consider searching the scene and/or the route taken by the suspect/s.
3.2.8 Search the scene for CCTV. CCTV should be seized, exhibited and the details entered on the CRIS. If you are unable to seize it view it in situ and complete an MG11 detailing what you have seen. Record negative CCTV enquiries on the CRIS.
3.2.9 To preserve best evidence, consider videoing, photographing or sketching the scene. If you require an ICEFLO and one is not available submit a request via Met CCC. For further guidance see Use of ICEFLO and Use of Body Worn Video.
3.2.10 Any image or footage of a scene or incident should be evidenced in an MG11 detailing its taking, exhibiting, and storage. CRIS must be updated with the exhibit numbers, the location of the exhibit and a summary of what the footage shows.
3.2.11 Consider the suitability of tasking the Automatic Number Plate Recognition (ANPR) team. The ANPR Investigations team can be contacted 24 hours a day.
3.3 Forensics – actions to preserve forensic evidence
3.3.1 Consult with a Scene Examiner at the earliest opportunity. If one is not available, contact Central Ops.
3.3.2 Prevent cross contamination by controlling the scene, victims, suspects and exhibits. Avoid unnecessary disturbance of the scene by both police and the public. Wear gloves where possible.
3.3.3 Consider forensic examination of the victim(s) and suspect(s). Consider seizing clothing, swabs, nail clippings, whether you require an Early Evidence Kit, use of a drying room etc.
3.3.4 All exhibits should be packaged and stored correctly. For further guidance see the Forensics Policy.
3.4 Victims and witnesses – actions that must be taken involving victims and witnesses
The Victim Code of Practice governs how we should treat victims. Every officer MUST follow the requirements set out in the VCOP policy whilst completing the actions set out below. Officers should identify ‘priority’ victims at the start of an investigation as they will require an enhanced service with different timeframes for contact.
3.4.1 Obtain victim/witness full contact details including their preferred method of contact, alternative phone numbers, email addresses. Consider obtaining details for next of kin. A CRIS is an electronic record and which can be disclosed in legal proceedings. Take care not to record personal details anywhere else on the CRIS record apart from the VIW pages.
3.4.2 Take note of their appearance and clothing for elimination purposes.
3.4.3 As soon as practicable you should obtain a statement from the victim/witness including a Victim Personal Statements / Impact Statements for Business. Consider their future availability and cooperation. Significant witnesses should be identified and dealt with appropriately.
3.4.4 If necessary, obtain a medical consent form from the victim at the earliest opportunity.
3.4.5 For certain offences or if the victim or witness is young or is considered vulnerable you should obtain an initial account instead of a statement. This should be recorded in an EAB or, if applicable, a 124D.See Interview young or vulnerable victims for further guidance
3.4.6 If the victim/witness requires an interpreter this can be facilitated via Language Line and the Interpreter Deployment Team.
3.4.7 If the victim/witness is a child details should be obtained for their parents/guardian and school. If the child is in care you must ascertain which local authority originally placed them in care. You should record these details in a MERLIN and the MERLIN reference should be recorded on the CRIS.
3.4.8 Consider whether the victim/witness is likely to require any special measures at court.
3.4.9 All contact and attempted contact with the victim should be recorded on the CRIS as well as any investigative actions that arise from these communications.
3.4.10 Provide the victim with a Victim Care Card and explain what will happen next even if no further action is to be taken.
3.4.11 Explain the role of the Victim Support Service and refer when appropriate.
3.4.12 Provide the victim with the CRIS number before you go off duty.
3.4.13 First responders should be able to inform complainants of the latest time that contact will be made with them (see VCOP)
3.5 Suspects – actions to take when arresting and dealing with suspects.
3.5.1 Ensure the suspect/s description is recorded and circulated. Include details of any stolen property or vehicles the suspect may have used.
3.5.2 Ensure the correct ID procedures are conducted to identify suspects at the earliest opportunity.
3.5.3 Are any of the victims/witnesses willing to do a Street ID Procedure? Follow the instructions starting on Page 22 of an EAB and record your actions accordingly.
3.5.4 Undertake arrest enquiries where suspects are known and grounds exist. Ensure that both you and anyone you direct to undertake arrest enquiries on your behalf comply with Code G of PACE. You should always consider arrest vs voluntary attendance (See Voluntary Attendance Policy)
3.5.5 Ensure that an appropriate risk assessment is carried out and documented prior to any pre-planned arrest or premises search. Consider the Risk Policy.
3.5.6 If you need to arrest a pupil in a school, consider contacting your local Schools Officer and see the guidance within the ‘More Information’ section of this policy.
3.5.7 If it is appropriate, use your powers to search under S32 PACE and S18 PACE.
3.5.8 Examine all items found in the suspects’ possession and make appropriate enquiries.
3.5.9 Seize any clothing which has been described by the victim or witnesses and any items used during the commission of the offence for possible forensic examination or identification. Consider photographing the suspect in custody if a camera is available.
3.5.10 If the suspect is a CLPD subject (including police employees), you must comply with the CLPD Policy and record actions taken on CRIS.
3.6 Other investigative action / enquiries.
3.6.1 Work Related Deaths Protocol - deceased - is there a connection with a work activity? Did the third party or organisation have a duty to protect the deceased or critically injured person? For example, this can include deaths in care, on a construction site or drowning at third party premises e.g. public swimming pools. Work Related Deaths (WRD) must be investigated in line with the Work Related Deaths Protocol. Officers should refer to the Investigators Practical Guide for WRDs for guidance.
3.6.2 Record full details of property serial numbers.
3.6.3 Consider if this is a false report of crime. See More Information for guidance.
3.6.4 Ensure CRIS report is created with comprehensive details of all actions taken on DETS screen. This must be done before you go off duty and in conjunction with NCALT CRIS training packages.
3.6.5 Record on the CRIS DETS a summary of the results, including references, from the searches you have performed to ensure a full intelligence picture is obtained. See Record and Search Intelligence Databases for further guidance.
3.6.6 Place any other relevant intelligence on CRIMINT e.g. criminal associations, links to vehicles, locations, mobiles, officer safety issues, terrorism information. See Q and As. This must be done before you go off duty unless non-urgent. Take advice from your supervisor.
3.6.7 Is there any reason to believe a subject mentioned in this report is vulnerable to becoming involved in Extremism? Email (redacted) with details and CRIS number.
3.6.8 Where you make an arrest enquiry of a suspect at a location, this arrest enquiry must be recorded on CAD or the CAD ‘Lite’ system. If you are conducting the arrest enquiry yourself, you must update the CAD record as to the outcome of the enquiry. This may be that it is closed as a result of a successful arrest or evidence that the person does not reside at the location. If you are required to return to the same location (due to the fact that there was no response at the address and enquiries therefore continue) you must contact the control room and update the CAD record accordingly. You will then either need to request that the CAD is to remain open, especially if enquiries at the address were being made hours later or even the next day, or request that it is closed and justify this decision. However, if the CAD is closed following your initial enquiry, a new CAD must be recorded if the enquiries at the location to arrest the suspect commences at a future time.
3.6.9 All CAD reports created as a result of an investigation or created to record an arrest enquiry of a suspect must be referenced on the DETS page of the associated CRIS report. This includes closed CAD reports where the arrest enquiries were unsuccessful.”

I would also like to draw your attention to the College of Policing APP that covers investigation, as this forms the foundation for all MPS policies:

College of Policing - Investigation Process

Q3 - How many Upskirting offences have been recorded by the MPS since April 2019 to date.
Q4 - Of these, how many suspects have been charged?

Since April 2019, 158 up-skirting offences have been recorded. During that period, 11 people have been proceeded against for this offence. 2 received an adult caution, 4 received a postal charge acquisition and 5 received a charge / further charge.