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DigestJanuary 2016A digest of police law, operational policing practice and criminal justice

OFFICIALDigest January 2016

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The Digest is a primarily legal environmental scanning publication intended to capture and consolidate topical and key issues, both current and future, impacting on all areas of policing.

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Overview 4Legislation 5

Bills before parliament 5 Psychoactive Substances Bill 5 Statutory Instruments 6 Serious Crime Act 2015 (Commencement No. 4) Regulations 2015 6 Road Traffic Offenders Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2015 6Case law 7 Evidence and procedure 7 Stokes v Regina [2015] EWCA Crim 1911 7 R v Marsh-Smith [2015] EWCA Crim 1883 8 General police duties 10 R (on the application of Roberts) v Commissioner of Police of the Metropolis and another [2015] 10 UKSC 79

Policing practice 12 Crime 12 Consultation launched on new stalking protection order 12 New offence of controlling or coercive behaviour 12 HMIC report on digital crime and policing published 13 Quarterly Terrorism Act 2000 statistics published 13 Research report on vehicle crime and security published 15 Police 16 Inspection of response to honour based violence, forced marriage and FGM published 16 Police targets review published 17 Report on domestic abuse published 18 Report on police effectiveness at protecting vulnerable people published 19Criminal justice system 20 Report on firearms law published 20 Revised POCA Codes of Practice 21 Guidance on controlling or coercive behaviour published 21Parliamentary issues 22 Post legislative scrutiny of the Crime and Security Act 2010 published 22

Contents

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This month’s edition of the Digest contains a summary of issues relating to police law, operational policing practice and criminal justice.

There are case reports on:

• the admissibility of previous convictions relating to illegal drugs

• whether the court’s decision not to allow severance rendered a trial unsafe

• whether a search under section 60 of the Criminal Justice and Public Order Act 1994 was in accordance with the law.

We look in detail at the:

• HMIC report on digital crime and policing

• recent review of police targets

• quarterly Terrorism Act 2000 statistics

• HMIC inspection of the response to honour based violence, forced marriage and female genital mutilation.

We also look at the:

• new offence of controlling or coercive behaviour

• HMIC report on domestic abuse

• Law Commission report on firearms law

• HMIC report on police effectiveness at protecting vulnerable people.

The progress of proposed new legislation through parliament is examined and relevant Statutory Instruments are summarised.

Overview

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LegislationBills before parliamentPsychoactive Substances Bill

This Bill creates a blanket ban on the production, distribution, sale and supply of psychoactive substances in the United Kingdom. The Public Bill Committee on the Bill has now concluded. The Bill will next be considered at report stage; a date for which has not yet been announced.

A detailed summary of the Bill can be found in the July Digest.

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Statutory InstrumentsSI 1976/2015 Serious Crime Act 2015 (Commencement No. 4) Regulations 2015

Regulation 2 brought into force on 29 December 2015 sections 76 and 77 of the 2015 Act. Section 76 creates a new offence of coercive or controlling behaviour in an intimate or family relationship and section 77 allows the Secretary of State to issue guidance about the investigation of offences under section 76 to whoever the Secretary of State considers appropriate.

Please see legislation.gov.uk

SI 2004/2015 Road Traffic Offenders Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2015

These Regulations make further provision to implement Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences. They amend the Road Traffic Offenders Act 1988 (‘RTOA’) and the Motor Vehicles (Driving Licences) Regulations 1999 (‘the 1999 Regulations’).

Regulation 2 amends the RTOA to entitle a Community licence holder, who is disqualified from driving pursuant to section 36 of RTOA, to drive a motor vehicle subject to the same conditions as if that person were so authorised by a provisional licence.

Regulation 3 amends the definition of ‘appropriate licence’ in the 1999 Regulations. Following these changes, a person who is disqualified from driving under section 36 of the RTOA will be entitled to use a Community licence to demonstrate their eligibility to take a driving test.

Please see legislation.gov.uk

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Case law

Evidence and procedureStokes v Regina [2015] EWCA Crim 1911

On the 20 May 2014 the appellant pleaded guilty to an offence of producing a controlled drug of Class B (cannabis). Following this on the 10 June 2014 the appellant was convicted of a further offence of producing a controlled drug of Class B (again cannabis). As part of this trial the judge allowed into evidence previous drug related convictions of the appellant that occurred 12 years earlier.

The appellant was sentenced to seven years imprisonment for both offences and this case concerns his appeal against conviction.

Grounds for appeal

1. The judge was wrong to admit previous convictions of the appellant into evidence.

2. The judge erred in his direction to the jury on bad character evidence relating to the previous convictions.

3. The appellant pointed out errors in the factual summing-up by the judge, which in his view gave the jury an inaccurate and unbalanced view of the case.

The decision

In relation to appeal ground 1, the prosecution stated that the appellant had given an impression of naivety with regard to illegal drugs in the way his evidence was given and they claimed that the previous convictions rendered any naivety shown as false. The court rejected this view and stated that the appellant was not giving a false impression of anything at all. They also stated that the previous convictions involved simple possession for personal use and therefore such convictions could not be said to displace any impression of naivety. As a result of this the court held that the evidence of the previous convictions should not have been admitted.

In relation to ground 2 the appellant argued that the direction to the jury regarding the previous convictions served to potentially undermine the credibility of the appellant in the jury’s eyes. The court held that despite the factors identified by the appellant the conviction on count 1 was safe. They stated that the two old convictions were only a very minor part of the evidence in the case, which was a strong one against the appellant in any case.

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OFFICIAL 8 Evidence and procedureCase law

In relation to ground 3 the appellant argued that there were two errors as to the facts of the case which were calculated to mislead the jury. The court stated that they did not think that the errors in the summing-up as to some of the facts undermined the safety of the conviction as a whole. They held that the relative brevity of the first three visits by the appellant was only one factor for the jury to consider in the evidence as a whole.

Based on the above the court dismissed the conviction appeal.

The full judgment can be found at bailii.org

R v Marsh-Smith [2015] EWCA Crim 1883

In the initial trial to which this appeal relates the appellant was convicted of two counts of attempted murder and one count of murder. The appellant denied any involvement in the first count of attempted murder or the count of murder.

The second attempted murder count related to the shooting of his accomplice, who acted as the appellant’s driver in relation to the murder count. In relation to this count he admitted to shooting the accomplice but argued that he fired the shot in self-defence after the accomplice found out that he was a police informer.

Grounds for appeal

The appellant during the initial trial argued that the second attempted murder count (which was count 3 on the indictment) relating to the shooting of his accomplice should be tried separately on the grounds that the victim was a co–defendant in relation to the murder count (which was count 2 on the indictment). The appellant claimed that the jury would be unable to distinguish the victim’s case, put in cross examination, from the fact that nothing he said could be used in evidence.

The judge ruled that there should not be separate trials and ruled that he would give a written direction as to the status of counsel’s questions.

Based on this decision the appellant submitted the appeal stating that he had been denied a fair trial because severance was not ordered.

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The decision

The Court of Appeal held:

1. the interests of justice were best served by bringing all the allegations, which found a common thread, before a jury. They held that had severance been granted the Crown, in prosecuting the appellant for the attempted murder of his co-defendant, would have sought to lead the fatal shooting to establish the appellant’s motive. As a result both allegations would have found a voice before one jury and then another, were the appellant’s arguments sound.

2. for a successful severance application to occur there must be very exceptional circumstances as underlined in the case of R. v Miah (Akmol) [2011] EWCA Crim 945. The court held that in the present case the situation was not even that exceptional, let alone very exceptional.

3. the judge in the present case performed a balancing act once he had identified the opposing arguments. This was an exercise of his discretion and it required not only analysis of the issues and competing interests but also an assessment of how confidently he could help the jury when he directed it on the law.

The Court held that the instant case did not require separate trials, the jury was told by the judge of the approach they had to follow as to the admissibility of evidence and he was clear, firm and correct in directing the jury.

The appeal was dismissed.

The full judgment can be found at bailii.org

Evidence and procedureCase law

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General police dutiesR (on the application of Roberts) v Commissioner of Police of the Metropolis and another [2015] UKSC 79

This case, before the Supreme Court, concerned a search under section 60 of the Criminal Justice and Public Order Act 1994 (CJPOA). Following judicial review, both the Divisional Court ([2012] EWHC 1977) Admin)) and the Court of Appeal ([2014] EWCA Civ 69) held that there was no deprivation of liberty within the meaning of article 5 of the European Convention of Human Rights (ECHR). Both courts also rejected the claim that the section 60 power had been used in a manner which discriminated on grounds of race, contrary to article 14 of the ECHR. There was no appeal on these two grounds. Both courts found that there was an interference with the right to respect for private life in article 8, but that it was ‘in accordance with the law’. It is this that formed the basis for the appeal.

The decision

The Supreme Court stated that any random ‘suspicionless’ power of stop and search carries with it the risk that it will be used in an arbitrary or discriminatory manner in individual cases. It is, however, the randomness and therefore the unpredictability of the search which has the deterrent effect and also increases the chance that weapons will be detected. The purpose of this is to reduce the risk of serious violence where knives and other offensive weapons are used, especially that associated with gangs and large crowds. The Court stated that it must be borne in mind that many of these gangs are largely composed of young people from black and minority ethnic groups. While there is a concern that members of these groups should not be disproportionately targeted, it is members of these groups who will benefit most from the reduction in violence, serious injury and death that may result from the use of such powers.

The Court stated that it could not be too often stressed that whatever the scope of the power in question, it must be operated in a lawful manner. It is not enough simply to look at the content of the power. It has to be read in conjunction with section 6(1) of the Human Rights Act 1998, which makes it unlawful for a police officer to act in a manner which is incompatible with the Convention rights of any individual. It has also to be read in conjunction with the Equality Act 2010, which makes it unlawful for a police officer to discriminate on racial grounds in the exercise of his powers. Furthermore, there are additional safeguards in the Act itself, the Police and Criminal Evidence Act 1984 (PACE) and the Force Standard Operating Procedures, which guard against the risk that the officer will not, in fact, have good reasons for making the decision to conduct the search.

General police dutiesCase law

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All of these requirements, in particular the need to give reasons both for the authorisation and for the stop, should make it possible to judge whether the action was ‘necessary in a democratic society … for the prevention of disorder or crime’. No system of safeguards in the world, the Court stated, can guarantee that no-one will ever act unlawfully or contrary to orders. If they do so act, the individual will have a remedy. The law itself is not to blame for individual shortcomings which it does its best to prevent. It is not incompatible with the Convention rights.

The Court held therefore that it would not be right to make a declaration of incompatibility in this case. Neither would it be appropriate to make a declaration that the guidance current at the time, or now, was inadequate or that this particular search was not ‘in accordance with the law’. The Court dismissed the appeal.

Please see bailii.org

General police dutiesCase law

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Policing practice

CrimeConsultation launched on new stalking protection order

The Home Office has launched a consultation on new measures to tackle stalking, and in particular on the introduction of a stalking protection order. The consultation is specifically focused on whether the introduction of a new civil Stalking Protection Order would offer further protection to victims, and in particular victims of ‘stranger stalking’.

In 2012, the Home Office introduced two new offences into the Protection from Harassment Act 1997. While prosecutions under the new offences have begun to increase, there are few interim measures available to offer protection to victims and place restrictions or positive obligations on the perpetrator. The consultation seeks to ask whether the introduction of the new Stalking Protection Order will address the gap and provide the required protection to victims.

The consultation closes on 30 January 2016 and can be accessed at gov.uk

New offence of controlling or coercive behaviour

Following the commencement of sections 76 and 77 of the Serious Crime Act 2015 on 29 December 2015, it is now an offence for a person to repeatedly engage in behaviour that is controlling or coercive. Coercive behaviour is an act, or a pattern of acts, which are used to harm or frighten a victim. These include humiliation, threats and intimidation. Controlling behaviour is a range of acts designed to make a person subordinate or dependent on them. Cases can be heard in either the magistrates’ court or crown courts and the maximum sentence for the offence is five years imprisonment.

The Home Office has published guidance providing information on the offence, primarily aimed at police officers and criminal justice agencies. The College of Policing has also delivered a face-to-face training package, including a video of testimonies from victims, to train police officers and staff about the new offence.

For further information on the offence, the CPS legal guidance on controlling or coercive behaviour in an intimate or family relationship can be accessed at cps.gov.uk

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HMIC report on digital crime and policing published

HM Inspectorate of Constabulary (HMIC), working with the Home Office, the College of Policing, academics and police forces, has published a study of digital crime and policing. The study will inform HMIC’s all-force inspection programme, to assess the local response to digital crime and how well each force is progressing. It is also aimed at helping chief constables and the College of Policing to provide guidance and good practice to forces, to ensure victims of such crimes get the best possible service.

The study found that the police service needs to:

• establish the scale and impact of digital crime, at both the national and local level, and how to respond to it

• create effective leadership and governance arrangements and strategies at all levels, to manage the threat that digital crime poses, engaging with all those inside the police service and in the private sector who are able to provide expertise.

The study also found that each chief constable needs to:

• provide appropriate and continuing training and guidance for all those within their force who are likely to deal with digital crime and its victims

• make sure that officers and staff understand the significance of online anti-social behaviour, and that they are able to provide effective support and advice to those who are its victims

• to make sure that their force has the capability to examine digital devices in the most appropriate, effective and speedy way possible, and to provide sufficient local capability to deal effectively with digital crime, and

• to appoint a chief officer to make sure that staff understand which cases should be referred to Action Fraud and which require a more immediate response, and that referrals from the National Fraud Intelligence Bureau are dealt with effectively.

The report can be accessed in full at justiceinspectorates.gov.uk

Quarterly Terrorism Act 2000 statistics published

The Home Office has published its latest statistical news release, setting out the operation of police powers under the Terrorism Act 2000 (TACT 2000) and subsequent legislation. It contains statistics relating to arrests, outcomes and stop and search for the year ending September 2015. The release brings together information on terrorism arrests and outcomes, prison populations, stop and search and port examinations.

CrimePolicing practice

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Terrorism arrests and outcomes

In the year ending September 2015:

• there were 315 arrests for terrorism-related offences, an increase of a third compared with the previous year

• the number of females arrested more than doubled

• while the majority of the increase was driven by more arrests of persons in the 21-24 and 20 and over age groups, the number of persons arrested aged under 18 nearly doubled

• 79% of those arrested considered themselves to be of British or British dual nationality

• 39% of those arrested have been charged, and 27% have been released without charge. A further 22% were released on bail. Of those charged, 90% were charged with terrorism-related offences.

Court proceedings

In the year ending September 2015, 51 people were proceeded against for terrorism-related offences; of these 43 were convicted.

Terrorist and extremist/separatist prisoners

As at 30 September 2015, there were 170 people in custody for terrorism-related offences and domestic extremism/separatism.

Stops and searches under sections 43 and 47A of TACT 2000

In the year ending September 2015:

• the Metropolitan Police Service (MPS) stopped and searched 473 persons under section 43 of TACT 2000. This is an increase of 31% on the previous year, but contrasts with a decrease in total stops and searches carried out by the MPS in 2014/15.

• there were no stops and searches made under section 47A TACT 2000.

CrimePolicing practice

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Port examinations under Schedule 7 to TACT 2000

In the year ending September 2015:

• around 29,000 people were stopped at ports in Great Britain under Schedule 7 to TACT 2000, a decrease of 22% on the previous year

• the number of detentions following examinations was 1,800, an increase from 680 on the previous year. This comes as a result of the introduction of the Anti-social Behaviour, Crime and Policing Act 2015, which ensures a mandatory detention takes place where an examination lasts for more than an hour.

The statistical news release can be accessed in full at gov.uk

Research report on vehicle crime and security published

The Home Office has published a research report, aiming to draw out policy implications to ensure both vehicle crime and total crime continue to fall. The report, entitled ‘Reducing criminal opportunity; vehicle security and vehicle crime’ analyses trends in vehicle security and tries to determine the extent to which improved security has driven down vehicle-related theft in England and Wales and other nations. Using a mixed-methods approach, the report attempts to assess the degree to which improved vehicle security might have caused the decline in vehicle crime by reducing the opportunities for would be offenders.

Findings are supportive of a marked crime-reduction effect, however the results also suggest that security has not been universally effective. The report agrees with other evidence that electronic immobilisers played a major role: driving an estimated 25 to 50% of the drop in stolen vehicles to 2013. But it suggests that other factors were also involved. The report concludes with a view of today’s vehicle crime landscape, finding that although crime levels remain historically low, some new threats have emerged.

The report can be accessed in full at gov.uk

CrimePolicing practice

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PoliceInspection of response to honour based violence, forced marriage and FGM published

HM Inspectorate of Constabulary (HMIC) has published a report examining the approach of police forces in England and Wales in relation to the protection of people from harm caused by honour-based violence (HBV), forced marriage and female genital mutilation (FGM). Inspectors found that police are not sufficiently prepared to effectively protect victims, despite there being pockets of good practice, and a lot needed to improve. The report found that forces must improve engagement with community groups that support the interests of victims, in order to better understand the complexities that cases of HBV can pose and give victims the confidence to come forward.

The inspection found that there are well trained and experienced officers who can identify and protect victims at an early stage, however they are spread thinly. Some forces approach cases of HBV by adapting domestic abuse and child protection procedures. While HMIC recognised that there are similarities, it stated that this approach doesn’t take into account the specific challenges posed by cases of HBV and that the police service must ensure officers are properly trained to identify such cases and understand the appropriate approach to take.

The report makes a number of recommendations to the Home Office, the National Police Chief’s Council, chief constables and the College of Policing. These include:

• by March 2016, the Home Office should establish a national oversight framework to monitor and report on the progress made in relation to the findings and recommendations in this report

• by June 2016, the NPCC national policing lead should, in conjunction with the CPS, develop an equivalent joint investigation and prosecution protocol for HBV and FM to that which exists for FGM

• by June 2016 chief constables, together with partner agencies, should ensure they have clear policies and joint working structures in place to ensure an integrated approach to HBV, FM and FGM between forces and other agencies

• by March 2016, the College of Policing should produce Authorised Professional Practice (APP) guidance to provide current and up-to-date standards for the police service in relation to HBV and FM.

The inspection report can be accessed in full at justiceinspectorates.gov.uk

HMIC has also published the results of a research project, carried out by the University of Bristol, which includes the first-hand experiences of victims of HBV.

The research report can be accessed in full at justiceinspectorates.gov.uk

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Police targets review published

The Home Secretary has published a review of the use of local targets in policing, aiming to understand the extent to which targets and their associated behaviours persist. As part of the review feedback was gathered from all 43 forces. The review also included a focus group with Police and Crime Commissioners, a review of police and crime plans and an online survey which received more than 6,000 responses.

The review found that whilst most forces have generally moved away from the use of hard numeric targets, target setting appears to be not uncommon at sub-force level by those in supervisory roles.

Recommendations

The review makes recommendations for chief constables, PCCs, the College of Policing and HMIC, as well as the Home Office. They include:

• chief constables should improve their performance measurement, monitoring and reporting processes

• Police and Crime Commissioners (PCCs) should develop a more sophisticated dialogue with the public on what they consider ‘success’ to look like

• the College of Policing should develop a set of principles for measuring performance

• HMIC should improve the way they present performance data and communicate their monitoring processes

• the Home Office should review the requirement for forces to submit victim satisfaction data.

The review can be accessed in full at gov.uk

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Report on domestic abuse published

HM Inspectorate of Constabulary (HMIC) has published a report, setting out the progress that has been made in responding to and protecting victims of domestic abuse. It follows a report in March 2014, entitled ‘Everyone’s Business’, which found significant weaknesses in the service provided to victims of domestic abuse by the police. As part of its PEEL Effectiveness inspection programme, HMIC visited every police force in England and Wales to assess the progress made since the earlier report.

The report, entitled ‘Increasingly Everyone’s Business’, shows that the police service has acted on the earlier report and now regards tackling domestic abuse as an important priority. In particular, HMIC found improvements in the identification and assessment of the risks faced by victims of domestic abuse, better supervision of police officers’ initial response at the scene, and a rise in the standard of subsequent investigations. Organisations that work with the police, as well as domestic abuse professionals, have recognised the progress that the police have made, especially around safeguarding victims and children.

Since the publication of ‘Everyone’s Business’, there has been a 31 percent increase in domestic-abuse related recorded crime. This is in part due to forces improving the identification and recording of domestic abuse, and may also indicate that victims are more confident in coming forward. HMIC did, however, find that there are still a number of areas for improvement in the way the police respond to, support and protect domestic abuse victims. In particular, forces need to:

• take immediate steps to respond to the significant workloads in specialist public protection teams

• train all police officers and staff to understand and identify the complex dynamics of abuse and coercive control

• improve their understanding of the nature and scale of domestic abuse across their areas

• ensure the quality of service offered to victims assessed as standard and medium risk meets that provided to victims assessed as high risk; and

• make sure that partnership working arrangements (which are crucial to providing coherent support) are effective, and evaluate how far they result in positive outcomes for victims.

The report can be accessed in full at justiceinspectorates.gov.uk

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Report on police effectiveness at protecting vulnerable people published

As part of the annual PEEL effectiveness inspection programme, HM Inspectorate of Constabulary (HMIC) has graded police forces on how effectively they protect vulnerable people from harm and support victims. The inspection included a focus on how forces respond to domestic abuse victims and missing and absent children, and how prepared they are to tackle child sexual exploitation. The vulnerability inspection was designed to answer the overall question ‘How effective are forces at protecting from harm those who are vulnerable, and supporting victims?’ To answer this, the following four sub-questions were developed.

1. How well does the force identify those who are vulnerable and assess their level of risk and need?

2. How well does the force initially respond to vulnerable victims?

3. How well does the force investigate offences involving vulnerable victims and work with partners to keep victims safe?

4. How well does the force respond to and safeguard specific vulnerable groups (missing and absent children and victims of domestic abuse) and how well prepared is it to tackle child sexual exploitation?

HMIC judged 12 forces to be ‘good’, 27 forces to ‘require improvement’ and 4 forces to be ‘inadequate’ at protecting vulnerable people from harm and supporting victims. No force was judged to be ‘outstanding’. Areas for improvement and recommendations as to how individual forces should improve the service they provide to vulnerable victims have been set out in 43 force-level PEEL Effectiveness (Vulnerability) reports. Findings from HMIC’s full PEEL effectiveness inspection will be published in February 2016. At that time, all forces in England and Wales will receive an overall effectiveness grade, as well as individual grades and assessments against the following four core effectiveness questions.

1. How effective is the force at preventing crime and anti-social behaviour, and keeping people safe?

2. How effective is the force at investigating crime and managing offenders?

3. How effective is the force at protecting from harm those who are vulnerable and supporting victims?

4. How effective is the force at tackling serious and organised crime, including its arrangements for fulfilling its national policing responsibilities?

This report sets out the grades and findings in relation to question 3. While these will contribute to the overall effectiveness grade for each force to be published next year, HMIC decided to release the vulnerability inspection results separately in advance, to enable forces to act upon the findings as quickly as possible.

The national overview report and the individual force reports can be accessed at justiceinspectorates.gov.uk

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Criminal justice systemReport on firearms law published

The Law Commission has published a report which makes recommendations to solve the problems that it says undermine the effectiveness of the law governing the acquisition and possession of firearms. The Commission states that the existing law is confused, unclear and difficult to apply. There are over 30 pieces of overlapping legislation and some of the key terminology such as ‘lethal’, ‘component part’ and ‘antique’ are not clearly defined.

The aims of the recommendations are to:

• make the law clearer and easier to use for investigators, prosecutors and those who legitimately use and own firearms, and

• ensure the law takes account of the technological developments that have taken place since the Firearms Acts were enacted.

Following extensive public consultation with police and prosecutors, in addition to groups representing the licensed firearms community, the Commission makes three recommendations in its report to clarify definitions:

• there should be a single, simple test to determine whether a weapon is lethal, based upon the kinetic energy at which it discharges a projectile

• what constitutes a ‘component part’ of a firearm should be set out in a statutory list and the Secretary of State be given the power to update the list

• whether a firearm is antique should be determined by whether it uses an obsolete cartridge type or firing mechanism contained on a statutory list. Only those old firearms that no longer pose a realistic danger to the public should be on the list.

The Law Commission also makes a number of recommendations that seek to ensure the law reflects technological developments and the increased availability of the tools that can be used to convert imitation firearms into live firearms.

The report can be accessed in full at lawcom.gov.uk

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Revised POCA Codes of Practice

Following a consultation earlier this year, the four codes of practice to the Proceeds of Crime Act 2002 (POCA) have been rewritten in response to feedback. These updated versions will be debated in Parliament and can be accessed in full at gov.uk

Guidance on controlling or coercive behaviour published

The Home Office has published statutory guidance on controlling or coercive behaviour in an intimate or family relationship. The guidance is aimed at police and criminal justice agencies, however it may also be relevant to assist the work of non-governmental and voluntary organisations. The guidance provides information on the following:

• identifying domestic violence, domestic abuse and controlling or coercive behaviour

• circumstances in which the new offence might apply

• the types of evidence for the offence

• the defence.

The guidance can be accessed in full at gov.uk

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Parliamentary issuesPost legislative scrutiny of the Crime and Security Act 2010 published

The Home Office has prepared a submission to the Home Affairs Select Committee, providing a preliminary assessment of the Crime and Security Act 2010. The overriding objectives of the Act are to:

• make our streets safer

• protect vulnerable members of society, including women and children

• shut down criminal and exploitative markets, and

• provide justice for victims of crime and their families.

Specifically the Act sought to:

• provide additional powers for the collection of biometric data, including those convicted of serious offences overseas

• set up a regulatory framework for the retention, use and destruction of biometric data

• prevent gang violence by means of gang injunctions for under 18 years olds

• protect victims of domestic violence through the use of Domestic Violence Prevention Notices and Orders

• encourage parents responsibility for their children’s antisocial behaviour through the use of mandatory Parenting Needs Assessments and Parenting Orders

• prevent financial exploitation by licensing vehicle immobilisation businesses

• prevent inmates from continuing criminal activity from prison using mobile phones

• reduce police bureaucracy by reducing the statutory reporting requirements for stop and search; and

• ensure air weapons are safely kept away from the reach of children.

The Home Office found that the Act has generally been effective in meeting the original policy objectives. Where there have been areas where the policy objectives have changed, this has been reflected in repeals of certain provisions or decisions not to commence certain provisions. The majority of the Act’s provisions, however, have been implemented and have yielded positive results.

The report can be accessed in full at gov.uk

C127|05012016

Protecting the public Supporting the fight against crime

As the professional body for policing, the College of Policing sets high professional standards to help forces cut crime and protect the public. We are here to give everyone in policing the tools, skills and knowledge they need to succeed. We will provide practical and common-sense approaches based on evidence of what works.

college.police.uk