IPOC learning recommendation- Appeal made to IPOC regarding bail conditions

Title: IOPC Learning Recommendation under Paragraph 28A of Schedule 3 to the Police Reform Act 2002

Branch / OCU: Prevention and Learning, Directorate of Professional Standards (DPS)

MPS Reference: PC/3723/17

Appeal Made to the IOPC Regarding Bail Conditions

Following a domestic incident in 2017, a complainant made an allegation to the Metropolitan Police Service that he was not informed that he was no longer subject to bail conditions until five days after the decision was made. The decision by the police officer not to inform the complainant was made with safeguarding concerns for the victim in mind.

Recommendation

The IOPC recommends that the MPS should take any necessary steps to ensure that officers are aware of what actions can be taken when criminal investigations or proceedings end, but the victim still requires safeguarding. Such steps might include producing or updating relevant guidance, policies, and training.

MPS response

On 16 April 2020, changes were made to both the MPS General Investigation and Pre-Charge Investigative Bail Policies, specifically regarding the way in which the MPS communicates with suspects. Both policies now make it clear that the Investigating Officer must contact the suspect and/or their legal representative when the suspect’s bail status changes, bail conditions are varied or cancelled, whether they are Released Under Investigation or when a decision is made to take no further action. Furthermore it re-affirms that the Investigating Officer must inform the victim as per the Victims’ Code of Practice.

On 6 June 2020, a new process was introduced to the MPS called the Suspect Management Process which is available to officers seeking instruction with the above two policies. This process provides clear guidance as to how officers deal with suspects when getting to decisionpoints or disposal decisions in a case. A process map is included which assists the officerwith what information they must provide to a suspect. This includes 28 day updates, expected finish dates and when a decision is made to take no further action. When a suspect is bailed, Released Under Investigation or subject to Voluntary Attendance, the Officer In the Case (OIC) must provide an expected finish date to enable the OIC to continue with any outstanding enquiries within realistic timescales. During an investigation the OIC must provide an update to the suspect(s) every 28 days as to the progress, this may include any delays that have been experienced. It is also important that any update does not compromise the investigation or the safety of any victims and witnesses. The 28 day update may include any changes to the expected finish date. When a decision is made by police or CPS to take no further action the suspect must be provided with written confirmation. The communication of these changes to policy and process was incorporated into a wider communication regarding suspect management, which was published on the MPS intranet site on 10 June 2020. Suspect management training will be embedded into foundation training for recruits and crime courses relevant to the type of course and the experience of officers. This work is ongoing and all courses will be updated with the new training by 19 June 2020.