080/2013: Out-of-Court Disposal’s Scrutiny Panel – 05 November 2013

Executive Summary and recommendation:

The Out-of-Court Disposal’s Scrutiny Panel has been commissioned by the Police and Crime Commissioner in response to public concerns about the use of case disposals that take place outside the court room in North Yorkshire as a means of bringing offenders to justice.

The scrutiny panel will be chaired by an independent member of the public, distinct from any agency that may be represented on the panel, undertaking the role in a voluntary capacity.

The Panel aims to ensure that the suite of different case disposals taking place outside the court room are appropriate, proportionate and effective, in line with national and local policy and victims’ wishes, where appropriate. The Panel aims to improve public understanding and confidence in these methods of case disposal and also increase transparency, victim trust and satisfaction.

The Panel will not serve to re-judge or change outcomes but will be a mechanism to assess process and identify any learning for agencies that will assist with continuous improvement.

It is recommended that this Panel is established as soon as practicable in the new year 2014 and that a process commences to recruit a suitable panel chair. Recruitment will be via the Office of the Police and Crime Commissioner in partnership with member agencies from North Yorkshire’s Criminal Justice Board.

Police and Crime Commissioner decision:

Approved

Signature Date 05 November 2013
Title Police & Crime Commissioner for North Yorkshire

Part 1 – Unrestricted facts and advice to the PCC

1. Introduction and background
   1. Out-of-Court Disposals are designed to provide simple, swift and proportionate ways of responding to antisocial behaviour and low-risk offending and to save courts the time of listening to minor and undisputed matters. In the case of conditional cautions and restorative justice, they also support rehabilitation and reparation, especially by young people, and provide prompt resolution to victims. These disposals give police officers a quick and effective means of dealing with less serious offences, allowing them to spend more time on frontline duties and on tackling serious offending.
   2. There are a number of different disposal options available to police and criminal justice agencies when deciding how to effectively bring offenders to justice where there is the evidence to prosecute a crime. The decision should be based on the need to meet the expectations of the public and victims. It should also consider how best to deter reoffending.
   3. In deciding the appropriate outcome there are a number of considerations that must be taken into account and the decision maker is free to apply discretion within certain frameworks. It is at the discretion of a Chief Constable to direct the appropriate use of the framework within their force area and should involve other criminal justice partner agencies where required. The following overarching principles should normally apply :-
      • The outcome should be proportionate to the crime.
      • The expectations of the victim should be considered when deciding an outcome.
      • The causes of the criminal behaviour should be considered and any available intervention provided.
      • The community impact of crime should influence the outcome.
      • The use of restorative justice, where available, and community remedy where appropriate, can be a condition of an Out-of-Court Disposal.
      • The relevant evidential threshold must be met.
      • The history of the offender must be considered.
      • Where required, admissions of offending behaviour.
   4. Legislation and guidance on the use of out-of-court disposals is clear that they are intended for low-level, mostly first-time offenders The Association of Chief Police Officers (ACPO) has developed a Gravity Factors Matrix to provide officers with guidance on the appropriate criminal justice outcome based on the offence, the offender and taking into account any relevant mitigating or aggravating factors.
   5. There are a wide range of Out-Of-Court Disposal options available when considering outcomes these include but are not limited to:
      • Cannabis Warnings
      • Drug and Alcohol Referral Scheme’s (DAAR)
      • Adult and Youth Community Resolution Disposals (CRD)
      • Fixed Penalty Notices (FPN)
      • Penalty Notice for Disorder (PND)
      • Adult and Youth Cautions.
      • Adult and Youth Conditional Cautions.
   6. These type of case disposals have been in use for a number of years, across the country and within North Yorkshire, with increasing importance being placed on the effective use of restorative justice by Government as a means of improving victim satisfaction and reducing reoffending.
   7. Over the past two years or so there have been increasing numbers of national and local freedom of information requests, with subsequent media reporting across the country, in respect of the use of Out-of-Court Disposals by Police Force Areas. Such reporting has attracted criticism that some Areas are not using such disposals appropriately. This has been asserted where, on the face of it, an Out-of-Court Disposal has been administered for high end offences as categorised by the national crime recording criteria, rather than for low level offences as legislation intended. Particular concerns have also been raised by Magistrates Courts Association representatives and M.Ps in respect of appropriate application of such disposals. The Police and Crime Commissioner has received such representations from members of the public and Magistrates in North Yorkshire.
   8. The Out-of-Court Disposals Scrutiny Panel has been commissioned by the Police and Crime Commissioner in response to public concerns about the use of case disposals that take place outside the court room in North Yorkshire as a means of bringing offenders to justice.
   9. The Panel aims to ensure that the suite of different case disposals taking place outside the court room are appropriate, proportionate and effective, in line with national and local policy and victims’ wishes, where appropriate. The Panel aims to improve public understanding and confidence in these methods of case disposal and also increase transparency, victim trust and satisfaction. The Panel will not serve to re-judge or change outcomes but will be a mechanism to assess process and identify any learning for agencies that will assist with continuous improvement.
2. Matters for consideration
   1. The Panel will be governed by an independent chair who has a background in criminal justice, but who is not employed by any of the other panel members agencies which will consist of representatives from the following:
      • The Office of the Police and Crime Commissioner.
      • North Yorkshire Police.
      • Crown Prosecution Service.
      • Her Majesty’s Court and Tribunal Service
      • Youth Offending Team York
      • Youth Justice Service North Yorkshire
      • Probation Trust

      In addition it is proposed that the Panel has victim representation on it.

3. The Police and Crime Commissioner will appoint the Independent Chair, with assistance from 3 other panel members, and will be responsible for paying reasonable expenses incurred as a result of carrying out their role.
4. The Office of the Police and Crime Commissioner will support the Chair administratively to carry out their role with the assistance of link members in agencies who will be required to supply the appropriate information.
5. The Chair will be appointed in line with the principles set out in North Yorkshire Police Support Volunteer procedure with an initial term of 12 months and the possibility to extend.
6. Specific Terms of Engagement can be seen at ‘Appendix A’.
7. Separate Terms of Reference in respect of the work programme and constitution are currently being consulted upon with criminal justice partners and will be finalised upon the appointment of the Independent Chair who will also play key role in its work programme and constitution.
8. The Panel will sit quarterly and will be subject to appropriate information sharing agreements which will be necessary to satisfy the disclosure of information to third parties who currently sit outside any statutory frameworks.
9. The Chief Constable is the Data Controller for information held by North Yorkshire Police. Specific permission for any disclosure of Police held information outside of North Yorkshire Police must be given by the Chief Constable who must be satisfied the sharing of such information is for a justified policing purpose, is necessary and is proportionate. The sharing of information within the Panel environment would enable the examination of our effectiveness in respect of bringing offenders to justice. It is necessary to work with partners to identify good practice and share learning in order to improve our collective performance and increase transparency. Disclosure of information will be minimised through redaction of personal information in order to provide greater proportionality to proceedings in respect of what information is necessarily shared to third parties.
10. The Independent Chair will be required to sign the Official Secrets Act prior to commencement of the role. Considerations are ongoing regarding the requirements for the Chair to undergo enhanced Disclosure and Barring Service vetting checks as a minimum
11. It is intended that the Panel will commence early in the new year 2014, depending on the timescales in respect of the appointment of the Independent Chair.
12. Contribution to Police and Crime Plan outcomes
13. This proposal directly relates to outcomes within the current Police and Crime Plan:
    • Drive Justice – responding to the public’s demand for justice through dealing more effectively with prolific offenders; ensuring the appropriate use of cautions; embedding restorative justice.
    • To set up an independent panel to scrutinise in public how North Yorkshire Police uses out of court disposals and cautions.

    Outcomes: confidence that out of court disposals and cautions are not being used inappropriately and evidence that police policy is being implemented correctly on the ground.

    • Putting People First – understanding and responding to individual and local needs to help us provide the best possible response to crime and community safety, working in partnership throughout the wider criminal justice system.
    • A new approach to scrutiny of police delivery and performance that will take greater account of the needs of local people

Outcomes:
improved satisfaction and performance rates
feedback to victims and communities
Improved capacity and capability to deal with serious crime

14. Consultations carried out
    1. External consultations have taken place with:
    • The Police and Crime Commissioner and her Office;
    • All criminal justice agencies who are members of North Yorkshire Criminal Justice Board, in particular those who will make up the constitution of the Panel.
    2. Internal consultation has taken place with:
    • North Yorkshire Police Legal Services Department.
15. Financial Implications / Value for money
    1. The role of Independent Chair is a voluntary post and as such financial implications in respect of this role are restricted to the re-imbursement of reasonable expenses as detailed in the Terms of Engagement at ‘Appendix A’
    2. Other resource implications include the administration and co-ordination function, to be provided by the Office of the Police and Crime Commissioner, and the extraction and preparation / redaction of papers impacting on North Yorkshire Police’s Criminal Justice Business Area and Legal Services Business Area’s.

       Chief Constables CFO Comments

    3. No specific budget provision has been made for the reimbursement of expenses, however these are expected to be minimal, and as part of the ongoing preparation of the 2014/15 budgets a specific budget will be established. It is not anticipated that this will increase the overall budget requirements for the OPCC.
16. Legal Implications
    1. As discussed in para 2.8, the legal issues surrounding information sharing and MOPI compliance needs to be taken into account for each case on its merits.
    2. Having read this report and having considered such information as has been provided at the time of being asked to express this view, the Deputy Force Solicitor is satisfied that this report does not ask the PCC for North Yorkshire to make a decision which would (or would be likely to) give rise to a contravention of the law.
17. Equality Implications
    1. There are no equality implications as a result of the formation of the Out-of-Court Disposals Scrutiny Panel.

Appendix A:

Terms of Engagement

Independent Chair

Out of Court Disposals Scrutiny Panel

Purpose
The Independent Chair appointed to the oversee the Out of Court Disposal’s Scrutiny Panel will discharge duties in accordance with the agreed Terms of Reference. The aim of the Panel is to ensure out of court disposals are being used appropriately, as a means of bringing offenders to justice, and that the outcomes are effective and proportionate and in line with national and local policies and procedures.

Particulars

1. The Independent Chair will undertake the role as a volunteer and will not receive payment for their time they provide to undertake the role.
   The Independent Chair will be reimbursed for genuine expenses such as out of pocket travel expenses.
   The Chair will not make a financial gain from their activities in the role, or receive any other consideration which may be construed as remuneration for services offered.
   An expense is any cost the Chair has to pay that is reasonably, actually and necessarily incurred in order to carry out the role required. All expenditure must be accounted for and receipts must be supplied in order that reimbursement can occur. Reimbursement of such out-of-pocket expenses is not considered to be payment.
   The following are legitimate expenses, which the Chair may be entitled to claim:
• Public transport costs of travel to and from the normal place of voluntary service on production of receipts. If the Chair is in possession of a Public Transport Pass, this should be used.
• Public transport costs (on production of receipts) or mileage at the HMRC approved rate of 45p per mile if using private transport when travelling to and from events for voluntary service.
• Car parking fees, on production of the ticket or receipt, if there is no free car parking facilities within a reasonable distance of the place voluntary service is performed. Fines incurred will not be paid.

Expenses can only be paid into a bank account in the name of the Chair. On commencing voluntary service, the Chair will complete the necessary Bank Details from for submission to the relevant pay department on behalf of the Police and Crime Commissioner.

If the Chair is not claiming expenses, then the Pay department on behalf of the Police and Crime Commissioner will set up a ‘nil’ payroll, and will only activate the payroll when / if payment is claimed.

To claim expenses the Chair must complete a the necessary claim form in accordance with the requirements of the Police and Crime Commissioner, to which receipts must be attached for all expenses except mileage, which is claimed at the public transport rate.

2. The role should not be accepted where there is a significant possibility that this could lead to a conflict of interest, for themselves or for others, between their obligations as a volunteer and their effectiveness in their professional life or another volunteering role.
3. The Chair will be required to submit two satisfactory references by persons who have known them for a minimum of two years and is not a relative.
4. The Chair will be vetted by North Yorkshire Police and sign the Official Secret Act and abide by its restrictions.
5. The Chair will be required to sign a confidentiality agreement in respect of information disclosed through the course of the role as part of the Terms of Reference.
6. The term of appointment for the Chair will be for a period of 12 months with the possibility to extend.
7. Both parties can terminate the agreement with one month’s notice to be given in writing.
8. Concerns relating to the Chair’s performance, behaviour or attitude could result in the termination of the relationship with the Scrutiny Panel. Any concerns will be investigated in accordance with the North Yorkshire Police Support Volunteer procedure (section 8) and If the decision is reached to terminate the arrangement, the individual will be informed of the outcome in writing.
9. Whilst the Chair is undertaking voluntary service they will be covered by North Yorkshire Police’s employers and public liability insurance.
10. The Chair will be expected to attend all quarterly meetings within the county of North Yorkshire and the City of York. They will also be expected to liaise with link members assisting the Panel in respect of agreeing agendas and papers in advance of meetings.
11. The Chair will be supported at meetings in respect of administration and co-ordination through resource provided by the Office of the Police and Crime Commissioner.
12. The Chair is expected to have significant experience or a background in criminal justice but must not be currently employed by any of the following member agencies:
    • The Office of the Police and Crime Commissioner
    • North Yorkshire Police
    • Her Majesty’s Court and Tribunal Service
    • he Crown Prosecution Service
    • Youth Offending Team York
    • Youth Justice Service North Yorkshire
    • Probation Trust

Name of Independent Chair: ……………………………………………………………………………………….
I confirm that as a volunteer I am happy to perform the role of Independent Chair to the Out of Court Disposal’s Scrutiny Panel. I confirm that I understand that I am not employed by any of the agencies who form the Panel constitution and this document does not constitute a contract of employment or a contract of service.
Signature ……………………………………….
Date…………………………………………….

Public Access to Information

The Police and Crime Commissioner wishes to be as open and transparent as possible about the decisions he/she takes or are taken in his/her name. All decisions taken by the Commissioner will be subject to the Freedom of Information Act 2000 (FOIA).

As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account and all advice received when reaching the decision. Part 1 of this Notice will detail all information which the Commissioner will disclose into the public domain. The decision and information in Part 1 will be made available on the NYPCC web site within 2 working days of approval.

Only where material is properly classified as restricted under the GPMS or if that material falls within the description at 2(2) of The Elected Local Policing Bodies (Specified Information) Order 2011 will the Commissioner not disclose decisions and/or information provided to enable that decision to be made. In these instances, Part 2 of the Form will be used to detail those matters considered to be restricted. Information in Part 2 will not be published.

Is there a Part 2 to this Notice –NO
Originating Officer Declaration – Author name: Leanne McConnell, Head of Criminal Justice, North Yorkshire Police. – Collar number: 003652
10 November 2013