Charging decisions and disclosure of internal communication devices

Freedom of information request reference no: 01.FOI.22.026819

I note you seek access to the following information:

This list of questions pertains to processes related to charging decisions and disclosure of internal communication devices, such as mobile phone numbers and their association to Data Protection and GDPR.

1) What checks are carried out when charging in Police stations in relation to summary only offences to ensure any charge is conducted within a statutory time limit?
2) Is there an equivalent to a checklist to charging protocols in police stations due to the need to comply with statutory time limits, Data Protection and broader GDPR?
3) Who is responsible for Police bail extensions within Police Stations?
4) What is the process of extending police bail, and
5) What is the normative chain of command in order to extend police bail?
6) Is there an equivalent to a checklist to extend bail in Police Stations due to the need to comply with statutory time limits, Data Protection and broader GDPR?
7) When a charge is made in a Police station, what is the procedure followed after said charge in regards updating a crime report internally and informing the CPS of said charge?
8) Is there an equivalent to a checklist to the procedure after a charge is made in a Police Station in regards updating a crime report internally and informing the CPS of said charge due to the need to comply with statutory time limits, Data Protection and broader GDPR?
9) What training do Civilian Staff, Police Constable’s, Detective Constable’s, Custody Sergeant’s, Detective Sergeant’s and Detective Inspector’s receive in regards compliance with Data Protection and GDPR?
10) Is certification required for all officers in regards to Data Protection and GDPR compliance for and, if so, how long is such certification valid?
11) Do DC’s and other officers make use of mobile phones which are ordained to the Metropolitan Police?
12) Under what circumstances would a DC or any Officer include a mobile phone number in signature in email correspondence with any party, be that a ‘suspect’, ‘victim’ or ‘convicted person’?
13) Do protocols exist around the disclosure of ordained Police mobile phone numbers in relation to inchoate offences such as coercion and entrapment?

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: your questions have been re-numbered to ensure clarity in our response

Q1 - What checks are carried out when charging in Police stations in relation to summary only offences to ensure any charge is conducted within a statutory time limit?

Charging is handled by the CPS (Crown Prosecution Service) and not the MPS. I have located relevant contact details should you wish to forward this part of your request to the CPS.

Requests may be made by email to: [email protected], or, in writing to:
Information Access Team
Crown Prosecution Service
102 Petty France
London SW1H 9EA

Q2 - Is there an equivalent to a checklist to charging protocols in police stations due to the need to comply with statutory time limits, Data Protection and broader GDPR?

Please see our response to your question 1, above.

Q3 - Who is responsible for Police bail extensions within Police Stations?

Police Inspectors can grant a 28-day period of pre-charge bail; a further extension to 3 months can be granted by Police Superintendents.

Q4 - What is the process of extending police bail?

This information is already in the public domain and can be accessed at the following link: Crown Prosecution Service - Bail

Q5 - What is the normative chain of command in order to extend police bail?

Please see answer to Q3 above.

Q6 - Is there an equivalent to a checklist to extend bail in Police Stations due to the need to comply with statutory time limits, Data Protection and broader GDPR?

This information is already in the public domain and can be accessed at the following link: Crown Prosecution Service - Bail

Q7 - When a charge is made in a Police station, what is the procedure followed after said charge in regards updating a crime report internally and informing the CPS of said charge?

As advised above, charging is handled by the CPS.

Q8 - Is there an equivalent to a checklist to the procedure after a charge is made in a Police Station in regards updating a crime report internally and informing the CPS of said charge due to the need to comply with statutory time limits, Data Protection and broader GDPR?

As advised above, charging is handled by the CPS.

Q9 - What training do Civilian Staff, Police Constable’s, Detective Constable’s, Custody Sergeant’s, Detective Sergeant’s and Detective Inspector’s receive in regards compliance with Data Protection and GDPR?

New police recruits receive training in compliance with data protection which is covered during 3 sessions totalling 7 hours at various points during the first 17 weeks of their initial training, please see an outline below:

1. Introduction to Information and Intelligence - week 2 – 180 minutes – The objectives of this session are to:
a) Explain key issues regarding data usage including the importance, collection, retention and sharing of information and intelligence, and
b) Describe the approaches to managing data, including the application of force policy and legal protocols and appropriate sharing of information and intelligence.

Some of the relevant College of Policing Learning Outcomes covered include:

a. Explain data protection regulations and their impact on professional policing.
b. Examine the issues that can arise when data management protocols are not adhered to.
c. Understand the considerations associated with handling information and intelligence about vulnerable people

2. Managing Police Intelligence and Information Part 1 and Part 2 – week 15/16 – 120 minutes each (240 minutes in total).

The learning outcomes of these sessions are:
a. Explain the importance of information and intelligence to key areas of policing, relevant legislation/guidance underpinning information and intelligence.
b. Explain practical issues in collection, retention and sharing of information and intelligence and how information and intelligence held by other agencies can help police operations.
c. Explain data protection regulations and their impact on professional policing and the issues that can arise when data management protocols are not adhered to.
d. Identify the rights of the individual in respect of information held about them and considerations associated with handling information and intelligence about vulnerable people.

In addition to the above training there is a mandatory e-learning module where completion allows access to MPS digital systems: ‘Information and You’.

Information & You 2020 training applies to all officers, staff MSC, volunteers and contractors. The programme aims to improve and standardise the way in which we process information across the MPS. The objectives of the course are that officers and staff will have a greater understanding of the key legislation that governs how we handle MPS information; how to appropriately and consistently manage MPS records; the procedures for sharing information with the public and our trusted partners; key considerations in securing police information.

Please see our response to question 10, below, for further information in relation to the ‘Information and You’ training.

Q10 - Is certification required for all officers in regards to Data Protection and GDPR compliance for and, if so, how long is such certification valid?

‘Information and You’ is a mandatory course that must be completed upon joining the MPS. On completion of the above course an e-certificate is awarded. In terms of the initial 17 weeks training detailed at question 9, this must be completed along with all other elements of the programme in order to complete probation.

Q11 - Do DC’s and other officers make use of mobile phones which are ordained to the Metropolitan Police?

Mobile phones are supplied to officers with the intention that they will be used for policing purposes.

Q12 - Under what circumstances would a DC or any Officer include a mobile phone number in signature in email correspondence with any party, be that a ‘suspect’, ‘victim’ or ‘convicted person’?

Officers may sometimes include a telephone contact with their signatures – this can be a mobile number.

Q13 - Do protocols exist around the disclosure of ordained Police mobile phone numbers in relation to inchoate offences such as coercion and entrapment?

The Freedom of Information Act (FOIA) relates to recorded information. This information is not recorded and is therefore not held by the MPS.