Policy for informing victims of CPS decision to no further action (NFA)

Freedom of information request reference no: 01.FOI.25.042286

I note you seek access to the following information:

1. Is it policy and absolutely necessary an enhanced rights victim be informed before a suspect of the decision by the CPS to NFA a matter by the Met Police.
2. If a decision by the CPS to NFA a decision is relayed to the victim by the Met Police by telephone, does that call log have to be recorded and is the actual audio of the call recorded.
3. What forms must be filled in / completed by the OIC when the CPS make a decision to NFA a case.
4. If a victim requests phone contact on key decisions in a case what is the Met Police policy regarding the type of phone used - can it be an officers personal phone or must it be a work phone.
5. If the OIC is a lower rank e.g. a sergeant and the victim is an Inspector - is the OIC allowed to inform them of a decision by the Police to NFA a case or does it have to be someone of similar or higher rank than the Victim.
6. Once the CPS inform the Police of a decision to NFA a matter what procedure must the police follow to ensure that the victim is informed within the 1 day limit for enhanced rights victims.
7. Can a vcop Actn Compl. entry be made on the Victim/Informant /Witness pages if there are any outstanding victim updates.
8. What checks are made before entries are made onto the CRIS system that a victim has been informed of a key decision by the CPS in a case.
9. Does the OIC have to check/make sure that a victim has been informed of a decision to NFA a case by the CPS before informing the suspect of the disposal decision.
10. If an OIC tasks another officer with informing a victim of the decision by the CPS to NFA a case what must the OIC do/what check/forms/procedures must the OIC follow to ensure that the victim has been informed of the decision.
11. What forms associated with the VCoP / Victims code must the OIC and the Police follow once a decision by the CPS is made to NFA a case.
12. Is it mandatory to record on the CRIS the date the victim was told the date the case was NFA. If yes, where and how is this recorded on the CRIS.

Decision

I have today decided to disclose the located information to you in full. Please find below information pursuant to your request above.

Q1 - Is it policy and absolutely necessary an enhanced rights victim be informed before a suspect of the decision by the CPS to NFA a matter by the Met Police.

The victim and suspect will both be informed of the outcome at the earliest opportunity as per policy. For example if the victim does not pick up the phone to be provided an update this does not delay the suspect being informed or being released from custody.

Q2 - If a decision by the CPS to NFA a decision is relayed to the victim by the Met Police by telephone, does that call log have to be recorded and is the actual audio of the call recorded.

In relation to the preferred method of contact being by telephone - A log of the call will be recorded on the CRIS showing a mandatory update has been provided to the victim. Additionally details of the conversation can be free typed onto the report if required. The audio between the officer and victim is not recorded when providing the NFA decision.

Q3 - What forms must be filled in / completed by the OIC when the CPS make a decision to NFA a case.

In relation to CRIS, no forms are completed by the OIC. When the CPS decide to NFA a case they would send rationale via another platform called CONNECT or email to the OIC directly. This information is put on the CRIS report and all parties updated accordingly as a VCOP mandatory update. It should be noted that we transitioned to the CONNECT system during November 2022, having previously used the COPA application.

Q4 - If a victim requests phone contact on key decisions in a case what is the Met Police policy regarding the type of phone used - can it be an officers personal phone or must it be a work phone.

There is an expectation/ requirement that, when you are on duty, you will have your Smartphone with you, and it is turned on, so you can check regularly for new messages. This will make it easy for victims of crime to get in contact with you and for you to get in contact with them. When you are off duty, whether on rostered rest days or annual leave, you will leave a voicemail, stating when you will be back on duty.

Q5 - If the OIC is a lower rank e.g. a sergeant and the victim is an Inspector - is the OIC allowed to inform them of a decision by the Police to NFA a case or does it have to be someone of similar or higher rank than the Victim.

The OIC would still relay the information to the victim. Rank and role does not alter procedure.

Q6 - Once the CPS inform the Police of a decision to NFA a matter what procedure must the police follow to ensure that the victim is informed within the 1 day limit for enhanced rights victims.

As per above, the victim and suspect will both be informed of the outcome at the earliest opportunity as per policy.

Additionally it is for the OIC when being provided the CPS decision to make sure the victim is updated and VCOP action is recorded. If the officer is unable to update the victim a supervisor is to be informed. The line manager is also responsible for conducting supervisory checks throughout the investigation and not only at the point of closure to make sure contact is made.

Q7 - Can a vcop Actn Compl. entry be made on the Victim/Informant /Witness pages if there are any outstanding victim updates.

Victim Code of Practice (VCOP) action complete. It is an administrative action for the OIC to certify that with the information available that all Victim Code actions required for that specified Victim are accounted for and recorded prior to closure. This will include providing the victim with regular updates and the outcome decision.

Q8 - What checks are made before entries are made onto the CRIS system that a victim has been informed of a key decision by the CPS in a case.

The OIC is responsible for providing the victim an update and putting an entry on the digital report. If the OIC is unavailable the supervisor should action or assign to another officer in absence of the OIC. These entries will then be checked by the supervisor throughout the investigation and prior to closure.

Q9 - Does the OIC have to check/make sure that a victim has been informed of a decision to NFA a case by the CPS before informing the suspect of the disposal decision.

As per previous answer:
The victim and suspect will both be informed of the outcome at the earliest opportunity as per policy. For example if the victim does not pick up the phone to be provided an update this does not delay the suspect being informed or released from custody.

Q10 - If an OIC tasks another officer with informing a victim of the decision by the CPS to NFA a case what must the OIC do/what check/forms/procedures must the OIC follow to ensure that the victim has been informed of the decision.

The OIC has the overall responsibility for an investigation. If another officer is tasked with an action the OIC should be updating the report with the assigned task so it is recorded. The outcome of the enquiry can be updated by the person conducting the task or OIC.
The OIC’s supervisor will also be responsible to make sure all lines of enquiry and actions are complete.

Q11 - What forms associated with the VCoP / Victims code must the OIC and the Police follow once a decision by the CPS is made to NFA a case.

No forms are completed by the OIC in relation to the Victims Code. When the CPS/Police decide to NFA a case they would update the victim and record a VCOP update has been provided.

Q12 - Is it mandatory to record on the CRIS the date the victim was told the date the case was NFA. If yes, where and how is this recorded on the CRIS.

Providing a victim the outcome decision is a mandatory VCOP update. When the update is provided the officer will record this action on the relevant VCOP page within the report. On the relevant page a list of available options are presented for the officer to select. The acronym on the report is HU VU – Suspect NFA/Elim. The time field is also recorded of when this action took place.