The investigator August/September 2010

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Solving the cockle pickers mystery

ESSENTIAL READING FOR TODAY’S INVESTIGATORS

Operation Lund

Also inside this issue:

• Interviewing Child Abuse Vic'ms • Counter Terrorism and the Olympics • • Appropriate Adults • Interviewing Conferences • Technology Update •


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contents

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Operation Lund: The Morecambe Bay cockling disaster was one of the most unique and wide-ranging investigations in recent years. Carol Jenkins talks to SIO Mick Gradwell about the case. Child’s Talk: Former South Wales Police officer and interview specialist Kerry Marlow looks at the challenges involved when interviewing child abuse victims. Brought to Book: The author of the Blackstone’s Counter Terrorism handbook talks about the aims of the book and its role in supporting frontline investigations. Role Play: The role of the Appropriate Adult is a vital part of the justice process. Lis Pritchard from the National Appropriate Adult Network discusses their vital function.

Investigator the

August/September 2010

www.the-investigator.co.uk

On the Record: Digital interview recording is set to replace the old system. Toby Sparrow from Business Systems UK discusses the current issues.

Solving the cockle pickers mystery

ESSENTIAL READING FOR TODAY’S INVESTIGATORS

T

he Morecambe Bay cockling disaster in 2004 in which 23 Chinese immigrants tragically lost their lives after drowning was one of the most unique and wide-ranging investigations in recent years. Carol Jenkins talks to former Detective Superintendent Mick Gradwell the SIO in the case about lessons learned from this unique investigation. The death of 23 immigrants at Morecambe Bay was a stark reminder of the plight of those who come to the UK in search of a better life for themselves and their families and who are often exploited by ruthless criminals. Some immigrants are often only paid £1 to £2 an hour and forced to work in treacherous conditions.

Operation Lund

Also inside this issue:

• Interviewing Child Abuse Vic ms • Counter terrorism and the Olympics • • Appropriate Adults • Interviewing Conferences • Technology Update •

The fact that many of the workers were illegal immigrants and were unknown to the authorities and many of the surviving witnesses did not speak English and fled to different parts of the UK in the days after the incident, posed unique challenges for Lancashire Constabulary detectives in terms of evidence gathering and achieving best evidence from frightened and traumatised witnesses. After a massive two year investigation producing over 1.5 million documents, and a six month trial presented using the latest IT equipment and hearing from nearly 150 witnesses, the gang master was convicted on 21 counts of manslaughter in March 2006. The investigation team scooped the Justice Shield – the highest honour given out by the Government to criminal justice agencies in recognition of their ground-breaking and innovative work. Disaster details The tragedy happened on the night of Thursday February 5 when a party of illegal Chinese immigrants were taken to Morecambe Bay to pick cockles – an activity which was known for being a lucrative industry in this part of the country. The SIO in the case, former Detective Supt Mick www.the-investigator.co.uk

Also in this issue: 18: Counter Terrorism 20: Cold Case appeals 24: Operation Wizard www.the-investigator.co.uk

cover story

Gradwell, explained that organiser Lin Liang Ren had intended to take 70 cockle pickers to the scene but hit disaster when their vehicles broke down before they left Liverpool. This meant that they arrived at Morecambe Bay late Mick Gradwell and with only half the workforce who had to content with treacherous weather conditions and rising tides. “The party had arrived at the scene without the required knowledge of the tides and the right vehicles and it was compounded by the fact that there had been some horrendous flooding on previous nights that had resulted in some very high tides,” he said. The cockle pickers ignored advice from locals that it was too dangerous and they embarked on their doomed exercise which resulted in 23 of the gang becoming trapped in the rising tides and losing their lives. Emergency services were notified of the disaster at 9pm that evening and their arrival on the scene caused panic among the remaining cockle pickers. “When the emergency services turned up, many of the people at the scene ran off as they were frightened of being exposed as illegal immigrants,” said Mr Gradwell. “They also claimed they didn’t understand the interpreter as a way of avoiding any questions.” The first bodies weren’t found until 4am and Mr Gradwell was appointed SIO shortly afterwards and spent the first few hours trying to piece together the events of that tragic night. The Investigation By the time Mr Gradwell received the call and began travelling the 40 miles from his home to the scene, the death count was rising rapidly. When he arrived, he described the situation as ‘chaotic’. Stories began to filter into the team about alleged fall outs August/September 2010

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Role Play

Child’s Talk

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he majority of child abuse cases rely on victim evidence for a conviction. Former South Wales Police officer and Interview specialist Kerry Marlow looks at the importance of the investigative interview in such cases.

The investigation of child abuse, although not a new phenomenon for the police, is nevertheless an area of criminal investigation which has seen many changes in recent years particularly in the increased reporting of offences. An investigator needs to know how alleged offenders of child sexual abuse create the 'opportunity to commit the crime'. General knowledge of the behaviour will assist in the planning and preparation of the interviews of the child and suspect alike. But in doing so they need to consider how aspects of offending behaviour may be corroborated by other witnesses. By conducting an holistic investigation this may identify time and date which is a crucial factor in the prosecution armoury. The

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On the record

technology

feature

interviewing

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he role of the Appropriate Adult is a vital part of the justice process. Lis Pritchard from the National Appropriate Adult Network discusses their vital function.

objective is to improve the credibility and reliability of the victim’s testimony. The investigator must endeavour to reduce the opportunity for the defence to discredit the child in court and should consider the issue of disclosure of the victim’s evidence at the time of the interview. Disclosure is a factor in seeking the defence at an early stage in the enquiry and may have an impact on the investigation as a whole. Child interviews Because of the nature of offences perpetrated against children they are often the only witness. With this in mind, throughout the criminal justice process the welfare and needs of the child are to be considered paramount. Investigators need to consider how they can protect the child victim through their approach to the criminal investigation. The investigation against an alleged offender of sexual abuse is often initiated by the complaint of a www.the-investigator.co.uk

The role of the Appropriate Adult was introduced in the Police and Criminal Evidence Act 1984 (PACE) as one of a range of measures aimed at safeguarding the rights of detainees in police custody. This followed a number of high profile miscarriages of justice in the 1970s where vulnerable individuals were convicted of serious crimes following what later turned out to be false confessions. All juveniles (under 17 years old) and any adult that the custody officer thinks might be mentally vulnerable should have an appropriate adult present during interviews, all ID procedures and, if possible, during charging or other disposal. It is the custody officer who should identify vulnerability and they must take account of any evidence given to them by the detainee or anyone else. It is not the decision of the health care professional or the FME. Mental vulnerability under PACE is much broader than any specific definition of mental illness or learning disability. The safe rule is, if in any doubt,

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request an appropriate adult. The Youth Offending Service has a statutory responsibility under the Crime and Disorder Act (1998) to ensure the provision of an appropriate adult service for juveniles when parents or other carers are unavailable. They can do this directly, using either paid staff or volunteers, or they can contract out the service to a voluntary sector organisation or a private company. However the service is provided, it should meet the requirements and standards set out in the Youth Justice Board Case Management Guidance which are closely linked to NAAN’s National Standards. These specify, for example, a response within a maximum of two hours, a clear point of contact for the police, and a service using trained and CRB checked appropriate adults available from around 8am to 11pm every day. It is worth pointing out that while the police often say they require a 24 hour service, the evidence for that is rarely presented. The cost of having a service available 24 hours a day (with proper support and management back-up available), is huge and NAAN does not recommend this. If the AA service provided for juveniles is not www.the-investigator.co.uk

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igital interviewing recording technology is set to replace the old tape system.

Toby Sparrow from Business Systems Ltd talks about how the new approach by the Home Office to IT and policing is affecting procurement of new interview recording equipment. There is a lot of speculation at the moment over the future of various policing bodies and possible government alternatives. How does this affect forces needing to replace their interview recorders?

What are the requirements? I can’t talk about anything specific to do with the requirements as the tender process is still under way. However, it’s no secret that the current analogue tape recorders need to be replaced, not least because parts and tapes are becoming difficult to source. The important thing to understand about digital systems is that they produce digital files which are not just of a higher quality, but which can be transported electronically in an instant.

There are, however, many different digital file formats and if every force picks a different solution, there could be serious issues in the future. I think most police forces are aware that the NPIA has been working on a procurement framework for What sort of issues? digital interview recording equipment, and have The NPIA is looking at this from the perspective of been holding off on any decisions relating to needing to address the immediate problem, whilst replacement of that equipment until they have seen also looking to the future. I think that is a sensible the outcome of the NPIA’s initiative. approach because we all know how expensive a short-term fix can be in the future. Potential future There appears to be some delay in announcing the issues will be around one force storing interview results of that initiative, but as things stand at and other evidential data in one format, whilst present there are a few companies short-listed with another uses something entirely different making solutions that meet the requirements, and Business future collaboration very difficult, and a vision of a Systems Ltd is one of those. joined-together police force across the country almost impossible.

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31: ACPO Cannabis report 34: Project Acumen 40: Legal updates August/September 2010

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EDITORIAL Editor: Carol Jenkins Tel: +44 (0) 844 660 8707 carol@the-investigator.co.uk

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From the editor

When I interviewed Mick Gradwell the SIO in the Morecambe Bay cockle picker disaster, he admitted that it wasn’t very often that a detective from Lancashire who was used to investigating domestic murders would experience the challenges of such a wide-ranging investigation as Operation Lund. Since 2004 when the disaster happened, this type of complex inquiry is now becoming more common place and many local investigations now feature strong national and international elements. This makes the sharing of best practice between forces all the more vital and we hope that The Investigator has a role to play in disseminating lessons learned from unusual cases.

What was perhaps most heartening about the investigation is the tremendous goodwill and co-operation shown by officers from around the country who fed intelligence into the Lancashire team and who were happy to facilitate the setting up of incident rooms in their respective forces.

It is a valuable reminder of the fact that the officers on the ground are not tied by county boundaries or performance indicators and that their focus is more altruistic – on wanting to solve crime and pool their collective efforts for no obvious ‘official’ rewards – other than to see justice done.

Like many cases we have featured in The Investigator – the issue of witnesses being too frightened to come forward was a key challenge for the investigation team. Mr Gradwell took the decision to confront the source of this reluctance and this gamble paid off – highlighting the fact there is no substitute for strong leadership and going out on a limb when all else has failed.

It is also heartening to hear that however complex the case that the Murder Investigation Manual proved an invaluable resource that gave the template with which to run a successful investigation.

But let’s not forget that the key to a successful investigation is an effective, motivated team led by a properly trained and experienced SIO whose only focus is on leaving no stone unturned until the main protagonists are identified and held accountable for their reckless and fatal actions.

Carol Jenkins

August/September 2010

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Op era tion Lund

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T

he Morecambe Bay cockling disaster in 2004 in which 23 Chinese immigrants tragically lost their lives after drowning was one of the most unique and wide-ranging investigations in recent years. Carol Jenkins talks to former Detective Superintendent Mick Gradwell the SIO in the case about lessons learned from this unique investigation.

The death of 23 immigrants at Morecambe Bay was a stark reminder of the plight of those who come to the UK in search of a better life for themselves and their families and who are often exploited by ruthless criminals. Some immigrants are often only paid £1 to £2 an hour and forced to work in treacherous conditions. The fact that many of the workers were illegal immigrants and were unknown to the authorities and many of the surviving witnesses did not speak English and fled to different parts of the UK in the days after the incident, posed unique challenges for Lancashire Constabulary detectives in terms of evidence gathering and achieving best evidence from frightened and traumatised witnesses. After a massive two year investigation producing over 1.5 million documents, and a six month trial presented using the latest IT equipment and hearing from nearly 150 witnesses, the gang master was convicted on 21 counts of manslaughter in March 2006. The investigation team scooped the Justice Shield – the highest honour given out by the Government to criminal justice agencies in recognition of their ground-breaking and innovative work. Disaster details The tragedy happened on the night of Thursday February 5 when a party of illegal Chinese immigrants were taken to Morecambe Bay to pick cockles – an activity which was known for being a lucrative industry in this part of the country. The SIO in the case, former Detective Supt Mick www.the-investigator.co.uk

cover story

Gradwell, explained that organiser Lin Liang Ren had intended to take 70 cockle pickers to the scene but hit disaster when their vehicles broke down before they left Liverpool. This meant that they arrived at Morecambe Bay late Mick Gradwell and with only half the workforce who had to content with treacherous weather conditions and rising tides. “The party had arrived at the scene without the required knowledge of the tides and the right vehicles and it was compounded by the fact that there had been some horrendous flooding on previous nights that had resulted in some very high tides,” he said. The cockle pickers ignored advice from locals that it was too dangerous and they embarked on their doomed exercise which resulted in 23 of the gang becoming trapped in the rising tides and losing their lives. Emergency services were notified of the disaster at 9pm that evening and their arrival on the scene caused panic among the remaining cockle pickers. “When the emergency services turned up, many of the people at the scene ran off as they were frightened of being exposed as illegal immigrants,” said Mr Gradwell. “They also claimed they didn’t understand the interpreter as a way of avoiding any questions.” The first bodies weren’t found until 4am and Mr Gradwell was appointed SIO shortly afterwards and spent the first few hours trying to piece together the events of that tragic night. The Investigation By the time Mr Gradwell received the call and began travelling the 40 miles from his home to the scene, the death count was rising rapidly. When he arrived, he described the situation as ‘chaotic’. Stories began to filter into the team about alleged fall outs August/September 2010

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c o v er story

came when Chinese immigrants from across the North of England began hearing about the disaster and started to fear for their own futures in the UK. As a result, thousands of them fled from the North to the South of England and the investigation team received calls from officers from around the country reporting the presence of large groups of Chinese people congregating at railway stations.

Many of the victims

between European and Chinese cocklers as well as stories about immigration issues and mentions about Snakehead gangs and human trafficking. In a bid to bring some focus to the inquiry, Mr Gradwell said he appointed staff to take on key roles such as identifying the deceased, finding out more about the immigration issues and also dealing with who were the witnesses and who were the suspects. An early challenge came in trying to successfully secure the scene as it was 110 square miles. The beach was declared a ‘no go’ area and the investigation team enlisted the help of other agencies such as the coastguard and the council to secure the scene and carry out the searches. The fact that the water levels and the tide was constantly changing presented huge challenges for the teams in that one time they would turn up and see a Land Rover on the beach and another time this would have disappeared and another vehicle would have emerged. Enlisting the help of experts from the coastguard and council made this task more manageable as they were able to advise on issues relating to the tide and how best to recover evidence. Mass exodus One of the most extraordinary early developments

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A very experienced Detective Inspector Paul Mattinson went to see some of the witnesses who had been brought from the shore to Lancaster Police station. He noticed that some of the survivors were dressed in poor working clothes and had a frightened demeanour and other survivors had better quality clothing, top of the range mobiles and acted more confidently. This observation and other information led to six of these people being arrested but the CPS didn’t feel it could charge them at this stage. Some witnesses were placed in the care of an asylum assistance organisation but fled soon after because they were fearful of their position. One key aspect of the case is that other agencies such as customs, Inland Revenue and the then National Criminal Intelligence Service were all involved from the outset and fed their expertise into the investigation. Victim identification Despite the fact that many victims had entered the country using false identities, they began to be identified by relatives from China who had been told of their plight. However, the issue of identification became a complex one throughout the case and it was even unclear as to the real identities of some of the witnesses who eventually gave evidence in court. Gangs As the investigation progressed a clearer picture about the background of the cockle pickers emerged and the emergence of so called snakehead www.the-investigator.co.uk


gangs. The gangs would traffic immigrants from China in return for a sum of money and promise to find them work. Once over in the UK, the immigrants would work long hours often living in squalid conditions with little food in order to save up money and send it back home to China. Officers found out that the immigrants had details of bank accounts programmed into their mobile phones and would deposit the money earned into these accounts which were connected to other accounts in China. Often £1M a day was transferred from bank accounts used by Chinese Immigrants in the UK to about 12 accounts in China. – illustrating the extent of the illegal immigration issue in the UK. More than 80 identity parades were also conducted to identify the ringleaders in the gang. One of the main ringleaders who was eventually convicted was Lin Liang Ren. CCTV evidence was used to prove that he lived a lavish lifestyle in casinos in the North west where he spent the money he had earned from this illegal activity. Three months into the investigation, three suspects were on police bail and there were few witnesses willing to give evidence. At this point the three suspects were re-arrested and questioned - Zhao Xiao Qing; Lin Liang Ren and Lin Mu yong. They were released and not charged at this stage. Challenges Throughout the investigation there were key challenges relating to cultural difference which included the fact that some Chinese people had a negative view of police and the authorities. Mr Gradwell also explained that getting the most effective interpreters was a real challenge. “Some interpreters can speak the language technically well but don’t have the personal skills to engage effectively with the witness or suspect,” he explained. “We found that some of the female interpreters were very effective communicators and could build trust with the witnesses and suspects and put them www.the-investigator.co.uk

cover story

at ease by showing real empathy.”

He also advises caution when dealing with cultural and language difficulties and to manage very carefully the information you are given by so-called advisors. “If you are straight with people, whatever nationally they are then they will be more understanding if you get something wrong relating to cultural differences. “You have to be realistic in that you are not going to learn Mandarin or Cantonese in a few weeks – you can learn a few phrases but you can’t do it all.” Incident rooms One innovative aspect of the investigation is that teams of Lancashire officers were stationed around the country in incident rooms to help gain vital evidence from the Chinese community across the UK who still retain very close links to each other. This included an incident room at Charing Cross police station where the main Chinese communities live in the UK. Leaflets and brochures were circulated around the area and links with community leaders were forged in a bid to encourage witnesses to come forward. Breakthrough Despite these efforts, it was still proving difficult to get witnesses to come forward and so Mr Gradwell tried a different approach. He went to see a suspected key snakehead gang organiser in Lon don who appeared to have tremendous influence in the Fujian Chinese Community and asked for his help in getting witnesses to come forward. He appeared to realise that it was in his interests to assist and within 24 hours the first witness came forward. When word got around this witness was treated with respect and courtesy then others soon came forward and the case gathered momentum.

August/September 2010

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SPONSORED BY

NVESTIGATIVE NTERVIEWING

BEST PRACTICE IN INTERVIEWING IN VOLUME CRIME OFFENCES

CONFERENCE

8 December 2010 - Rothley Court, Leics Challenges and best practice around interviewing volume crime suspects will be the subject of an investigative interviewing conference being hosted by The Investigator magazine.

While much time is devoted to the training of officers to conduct interviews in serious and major crime cases – equipping them with skills to interview in volume cases is often seen as the poor relation despite the fact that the majority of crime dealt with by the police falls into the volume crime category. Officers from Greater Manchester, Hertfordshire, Police Service of Northern Ireland and Thames Valley Police plus a leading academic will be giving their experiences and talking about their research around the interviewing of volume crime suspects and debate the latest thinking in this area.

Sponsored by Business Systems UK Ltd, the conference is the six in the series of specialist investigative interviewing conferences aimed at all those involved in investigative interviewing including: frontline detectives, trainers, advisors, academics and industry.

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£155 per delegate. To book your place call The Investigator on Tel: 0844 660 8707 or visit: www.the-investigator.co.uk

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Speakers include: • DI Mark Dennison, Operational Lead for Integrated Offender Management, Police Service of Northern Ireland: ‘TICs uncovered – an operational guide’ • David Walsh, Programme Leader BA (hons) Crime and Justice, University of Derby: ‘Overcoming denials in volume fraud interviews’ • DI Stuart Campfield, Choices and Consequences Programme, Hertfordshire Constabulary ‘Why some offenders are choosing to admit to all their previous offending to start their rehabilitation and how this is initiated and managed by police’ • Steve Retford, Specialist Interview advisor, Greater Manchester Police ‘volume crime interviews – a force perspective’ • DS James Humphreys, Newbury Priority Crime Team, Thames Valley Police ‘interviewing serious acquisitive crime offenders – pitfalls and best practice.


The charge On June 30 2005, three people were charged in connection with the incident. Lin Liang Ren was charged with manslaughter of the 21 cockle pickers, conspiracy to pervert the course of justice and conspiracy to facilitate immigration law. His girlfriend Zhao Xiao Qing was also charged with both the conspiracy offences and his cousin Lin Mu Yong was charged with immigration offences.

cover story

Wider issues The investigation highlighted wider issues about the lack of understanding of the plight of illegal immigrants in the UK as well as the extent of the existence of hidden communities CPS relationship and the presence of the criminal gangs who made The relationship with CPS Lawyer Duncan Birrell and money out of them. Shortly after, the UK Border the entire CPS team were strong and they were Agency was set up and the fact the investigation based within the main incident room along with the was given a Justice Award – the highest national barristers in the latter stages of the investigation. criminal justice award in 2006 – highlighted the important place the case sits in the history of Electronic evidence criminal investigations in the UK. The huge volume of evidence that has been accumulated and the fact that many documents For Mr Gradwell, the investigation was unlike were in different languages meant that the anything he had dealt with before and he took investigation team gave much thought into how to many personal lessons from the case that can be of present a compelling and easy to understand case use to all SIOs. to the jury. These include ensuring you have the right resources They teamed up with Manchester company SRI to support your own resilience throughout the Forensics to present the evidence electronically in a investigation. This might be an SIO or similar rank in visually appealing format that was easy to another force who understands the pressures and understand. This proved a great success and helped issues you are facing. save time and money. He also advises officers ‘not to try and re-invent the Trial wheel’ and use the Murder Investigation Manual to The trial ran from 12 September 2005 – 28 March form the basic structure of all investigations 2006 and proved challenging in terms of witness whatever their size and scale. evidence. All the witnesses received support from the relevant agencies but were still very anxious In terms of managing the media, the investigation about giving evidence in court. One witness broke maintained successful relationships with the media down when they were shown around Preston without succumbing to the danger of the media Crown Court and said that in China the judge shoots leading the investigation. convicted people after the trial and so he was terrified of the whole court process. Above all, Mr Gradwell urged SIOs to work as part of a team and not to attempt to take on an Ling Liang Ren was found guilty of the charges and investigation alone. was sentenced to 14 years imprisonment. Zhao Xiao Qing was found guilty of the charges sentenced to “The fact we won a justice award really highlighted two years and nine months, and Lin Mu Yong was the fact this was a team effort not just of police but also found guilty and sentenced to four years and of CPS and other agencies and we hope that it can nine months. provide valuable lessons for future investigations.” www.the-investigator.co.uk

August/September 2010

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i n t e rviewing

Child’s Talk

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he majority of child abuse cases rely on victim evidence for a conviction. Former South Wales Police officer and Interview specialist Kerry Marlow looks at the importance of the investigative interview in such cases.

The investigation of child abuse, although not a new phenomenon for the police, is nevertheless an area of criminal investigation which has seen many changes in recent years particularly in the increased reporting of offences. An investigator needs to know how alleged offenders of child sexual abuse create the 'opportunity to commit the crime'. General knowledge of the behaviour will assist in the planning and preparation of the interviews of the child and suspect alike. But in doing so they need to consider how aspects of offending behaviour may be corroborated by other witnesses. By conducting an holistic investigation this may identify time and date which is a crucial factor in the prosecution armoury. The

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objective is to improve the credibility and reliability of the victim’s testimony.

The investigator must endeavour to reduce the opportunity for the defence to discredit the child in court and should consider the issue of disclosure of the victim’s evidence at the time of the interview. Disclosure is a factor in seeking the defence at an early stage in the enquiry and may have an impact on the investigation as a whole. Child interviews Because of the nature of offences perpetrated against children they are often the only witness. With this in mind, throughout the criminal justice process the welfare and needs of the child are to be considered paramount. Investigators need to consider how they can protect the child victim through their approach to the criminal investigation. The investigation against an alleged offender of sexual abuse is often initiated by the complaint of a www.the-investigator.co.uk


child victim. There is a need to have a more holistic view of the allegation rather than focussing on the offence detail (event relevant) information. This is pertinent in child abuse enquiries when the offender may have ‘groomed’ the victim for compliance and to procure the opportunity to commit the crime. The victim is central to understanding this process. The child sex offender would have probably planned to commit this offence in privacy thus reducing the risk of detection by others. To create this opportunity they have to isolate their victim. How did they create this opportunity? The details of how the relationship has developed between the alleged abuser and the victim are central to establishing the opportunity. This involves how the alleged abuser has dealt with other family members or other persons to isolate the child. Most practices they would incorporate would appear to be normal functions of everyday life. It must be remembered the alleged offender does not wish to arouse suspicion about their actions prior to, during and after the offence. Establishing their behaviour will provide the investigation and subsequently the court with a more informed understanding of what has occurred. Evidence from other family members or others will assist, but what is relevant are any interactions between the child and the alleged offender before any incidents of abuse occurred. Similarly, the 'nondisclosure strategy' used by the alleged offender after abusing the victim may be of evidential importance. How to obtain this information needs to be considered in the planning for the interview of the victim. There is a need to corroborate what the victim is saying and to establish the opportunity by the alleged offender to commit the crime. Corroboration of the child's evidence of what www.the-investigator.co.uk

interviewing

occurred prior and subsequent to the offence may be indicative of the truthfulness of their account.

This information is important to the investigator in trying to create an image of what has happened and the process of how it occurred and is central to the planning of the interview of the alleged offender. Interviewing the alleged offender There is no specific guidance published for the interviewing of alleged offenders involved in child abuse. In the 'Investigative interviewing: A Practical Guide' (NCF 2004) the section on preparation identifies six points to consider prior to interview: • How this interview might contribute to the investigation • What we know about the interviewee • Legal requirements • Points to prove • Disclosure of evidence • Practical arrangements Pertinent to the success of all interviews and particularly relevant to the planning and preparing for an interview with an alleged child abuser is (a) how this interview might contribute to the investigation, (b) what we know about the interviewee, and (c) briefing of evidence to legal advisers. The needs of the investigation are paramount in every interview. There is the event relevant information to consider and additionally what other knowledge may assist the interviewer in understanding the dynamics of the crime. What planning by the alleged offender, if any, has occurred prior to the crime taking place and also after the offence to hinder detection? What is known about alleged offenders of child sexual abuse is described briefly below: 1. They must have a motivation to sexually offend August/September 2010

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SPONSORED BY

NVESTIGATIVE NTERVIEWING

CONFERENCE BEST PRACTICE IN INTERVIEWING SUSPECTS ACCUSED OF SEXUAL OFFENCES

23 November 2010 - Rothley Court, Leics

The challenges around the interviewing of the M25 rapist will be one of the presenta&ons at a conference being hosted by The Inves&gator magazine in conjunc&on with Business Systems UK Ltd.

‘Best Prac&ce in Interviewing Suspects Accused of Sexual Offences’ will highlight work from officers from forces in England and Wales in this challenging area of policing. • DI Ian Trantum from Bri$sh Transport Police will talk about the challenges and strategies the interview team used when quizzing convicted rapist Antoni Imiela. • DI Alison Eaton from the Special Inves$ga$ons Branch at Sussex Police. DI Alison Eaton will be speaking about her experience in interviewing rape suspects focussing on capacity and consent issues.

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Further speakers to be announced

To book your place call The Investigator on Tel: 0844 660 8707 or email: info@the-investigator.co.uk www.the-investigator.co.uk

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£145 per delegate

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• ACPO interview advisor DS Mar$n Vaughan from Gwent will also be giving an update on exclusive research he has been conduc$ng comparing interviews with murder suspects to those of rape suspects.

ESSENTIAL LEARNING FOR TODAY’S INVESTIGATORS


They develop emotional congruence with children, deluding them into believing that these relationships are based on equality of power and maturity. 2. They must overcome internal inhibitions to offending. There are a number of ways offenders convince themselves that their behaviour is acceptable. 3. They must overcome external inhibitors to offending. The offender needs to manipulate people around them in order to secure access to the victim.

interviewing

said and did to the victim to secure their compliance.

The knowledge of the behaviour of the offender in sexual abuse cases is crucial if the investigation is to result in a successful prosecution. There are many barriers to overcome if a child sex offender is to admit the offence during the course of a police interview. It is important to approach the interview with the alleged offender with an open mind, with compassion, empathy and flexibility.

In identifying the alleged offender’s ‘opportunity to commit the crime' during the investigation it is important to establish if the child is experiencing any family dysfunction. Initially this information may be established from the victim who, when disclosing when the abuse took place (time and date are usually the most difficult to establish), may be able to state where other family members and friends (or others) were at that time. Other witnesses may corroborate this and during the questioning of the alleged offender, the time(s) and date(s) of offences may be established. This would enhance the quality of the investigation and the credibility of the evidence of the victim. 4. They must overcome the victim's resistance Having created the 'opportunity to commit the crime' the offender now has to meet the obstacle of overcoming the resistance of the victim. Their tactics may be wide ranging from patient subtleties to verbal and physical aggression. The offender may persuade the victim, because of their lack of sexual knowledge, that what is happening is a 'special game'. It is significant to establish from the victim not only their understanding of sexual matters but, in the process leading up to the actual abuse, what the offender www.the-investigator.co.uk

he objective of the interview of the alleged offender should be seen as an information gathering process which is conducted in a manner which will improve the credibility of the victim's evidence and corroborate all other witness evidence. The PEACE model recommends when planning interviews to consider ‘How this interview might contribute to the investigation’. This has implications for planning and what interviewers know about the alleged offender. This does not just relate to their factual history (i.e. where they live etc.) but their apparent offending behaviour. There is an infinite variety of ways an abuser can secure the physical separation of the victim. 'Grooming' is the term used whereby abusers gradually 'test out' the level of resistance a victim is likely to pose and to secure privacy and secrecy for August/September 2010

15


i n t e rviewin g their actions.

regarding that evidence.

Obtaining information from the alleged offender confirming their isolation of the victim in itself appears to have no probative evidential value because it is likely they would have constructed some plausible explanation for that to occur. In establishing this explanation it may possibly identify the time and date of the offence(s), which is generally difficult to establish with the victim.

After the offender has committed the offence they have to endeavour to ensure non-disclosure by the victim. To understand the possible behaviour of the alleged offender towards the victim, questions must be asked on these issues. The interviewer has to consider as part of the investigation how this information may be corroborated (i.e. other witnesses or rewards given to the child etc).

The 'event relevant' information is crucial in proving the criminal elements of the offence. The offender needs to isolate the victim to provide them with the 'opportunity to commit the crime'.

There are two aspects, firstly, in understanding and establishing the behaviour of the alleged offender which may assist the interviewer during the interview, and secondly, as part of the overall investigation seeking further evidence which could improve the credibility and reliability of the victim's evidence.

The only detailed evidence about the offence usually derives from two sources, the victim and the alleged offender. In dealing with the 'event relevant' information the interviewer faces a dilemma, the alleged offender has a right in law not to self incriminate and as a consequence may not provide information. This may be a personal decision or one based on legal advice. The alleged offender may provide information that agrees with time, date, place and the presence of the victim but deny the allegation. The event relevant questions should be asked regardless of the response of the alleged offender. In cases where there is corroborative evidence and the alleged offender fails or refuses to give a satisfactory answer an inference may be drawn from that failure or refusal to answer questions

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August/September 2010

It is recommended to take a more scientific approach to the investigation and interview of the alleged offender. They may probably have a belief that the offender is guilty, based on the evidence gathered so far but they do not have any evidence that suggests the offender is innocent. To establish this in the interview questions regarding any explanations, defences and alibis must be asked and thoroughly investigated. An informed decision can then be made on the weight of evidence to support or deny the allegation. Testing the evidence throughout the interview examining the prior, event relevant, and after offence details should result in a more holistic approach to the investigation. This may only be effective if the alleged offender responds to questioning during the formal interview. The influence of legal advice can have an effect on the alleged offender's response to questioning. www.the-investigator.co.uk


Briefing of legal adviser The legal adviser will seek to gather as much information at this stage in order to advice their client appropriately. Any briefing of the evidence by the police may involve showing the defence the victim's video interview prior to and/or during the suspect interview. There are advantages to this, (a) Having seen the video the most appropriate advice can be given to the suspect, (b) The weaknesses and admissibility of the police evidence may be identified at an early stage, (c) Any defences, alibis or reasonable explanations are likely to be given during the suspect interview (d) It may result in the suspect partially or fully admitting the offence. Identification of the weaknesses in the police evidence may result in cases being withdrawn earlier or may assist in investigating issues raised by the defence resulting in the prosecution case being strengthened because of further investigation. It may assist in obtaining any alibis, defences or reasonable explanations from the alleged offender during the course of the interview. The showing of the video interview of the child's evidence to the alleged offender and the legal advisers should be considered to be advantageous with some reservations. The showing of the video may highlight any weaknesses in the case at an early stage. Yet this might be advantageous if these weaknesses can be overcome by further investigations. If these weaknesses cannot be overcome then the CPS are in a position to make a more informed decision to withdraw. This can only be beneficial to the child witness, particularly; if the evidence is weak the prosecution can be withdrawn, thus, protecting the child from a likely harrowing experience in court. Whatever the alleged offender's response there is a need to question fully, either to corroborate an www.the-investigator.co.uk

interviewing

admission or to examine an explanation in detail to ensure that it may be substantiated or not.

The showing of the victim's video evidence, prior to and at some stage during the interview will put the legal adviser in a position to advise their client appropriately. The alleged offender then has to consider giving an explanation or not in the interview. The interviewing officer may then have the opportunity, at an early stage, to investigate that explanation. Child victims are rarely re-interviewed to clarify information that has subsequently been provided by the alleged offender. Any issues that the defence may have with the child’s evidence are generally addressed with the child during the crossexamination stage at court. Investigation Plan Finally, as a guide to planning these interviews investigators need to set out an investigation plan to identify the people involved (victims, witnesses and suspects), the location of events (prior to, during and after the offence), the actions involved (physical, verbal and use of objects) and time (prior to, during and after the offence). The investigation of the explanation may involve reinterviewing the victim shortly after their initial interview. Achieving Best Evidence (2002, 2007) states that, providing the information required meets the criteria set out, then the victim can be reinterviewed (and/or other witnesses) at an early stage in the investigation. Early evaluation of the evidence will assist in an informed decision as to whether to prosecute, or not. It may reduce the allegations that the victim has been 'coached' in the interim period and hopefully the amount of questions they may be asked in cross-examination. Early decisions will benefit the victims’ welfare which is always paramount in these cases.

August/September 2010

17


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OLYMPIC CHALLENGE The 2012 Olympics presents UK police and security personnel with a diverse set of challenges that need to be overcome in order to deliver a safe and secure Games.

Essential to this approach is a co-ordinated strategy of how such incidents can be prevented or, if attacks succeed, what contingencies are in place to ensure the Games continue uninterrupted if appropriate to do so. Due to the fact the Games will be hosted at venues across the UK – the conference will look at the challenges the event will pose to all of the UK’s police forces as well as the Metropolitan Police.

GROUNDBREAKING CONFERENCE

The Investigator is hosting one of the first conferences that will bring together key decision makers and operational officers as well as representatives from industry who are all involved in the policing and security effort for the 2012 Games to debate the main challenges and ensure a co-ordinated approach to the law enforcement effort.

KEY SPEAKERS

Headline speakers include: • Lord Carlile of Berriew, QC: Independent Reviewer of Terrorism Legislation and Liberal Democrat Peer • Sue Hemming, OBE: Head of the Counter Terrorism Division, Crown Prosecution Service • Deputy Assistant Commissioner Stuart Osborne: Head of the Met’s Counter Terror Command and the National co-ordinator of counter terrorism • Commander Richard Morris: Olympic and Paralympic Policing Co-ordination Team • Fraser Sampson: Chief executive of West Yorkshire Police Authority and former executive of the Civil Nuclear Police Authority. • Andrew Staniforth: Author of Blackstone’s Counter Terrorism manual, member of the North East Regional Counter Terrorism Unit and honorary visiting fellow at City University, London. Topics to be debated include: • The role of the police counter terrorism network, locally, regionally and nationally • Terrorism protective legal measures and prosecution issues around Control Orders, stop and search and examination at ports and borders • Current nature of the terror threat and an assessment of the main policing challenges for the UK • Challenges of policing the Olympic venues and the importance of co-ordinating a national response • The role of the security industry and the part technology will play in the policing and security strategy

Who should attend? • Police officers of all ranks who are engaged in the planning and preparation of policing the 2012 Games • Members of the UK police counter terrorism network • Protective services industry and security advisors • Police authority members • Criminal justice agencies and key partners • Academia and research institutes • Central and local Government


c o l d case

F a ta l Fi rs t

I

n the first exercise of its kind, the National Policing Improvement Agency (NPIA) and British Transport Police have launched a review into a series of unidentified fatalities dating back 35 years. Twenty artist’s drawings of dead people found on or near Britain’s rail and Tube network since the mid-70s, but who remain unidentified, have been released as part of the review. There were no suspicious circumstances surrounding any of the deaths, two of whom were women. Detective Chief Superintendent Miles Flood from BTP said: “All these fatalities were fully investigated at the time and all clues followed up to try to establish an identity, but without success. We are now taking another look to see if there is any more we can do, in some cases to see if advances in forensic techniques can help, and to appeal to the public to see if anyone recognizes them.” Most of these cases are from the greater London area, where people can often be quite isolated and transient, but one is from Coventry and another

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August/September 2010

quite recent death in Cornwall. “Some of these people may have had an itinerant lifestyle, but it is likely that there are still relatives or friends who may recognize them and thought they had simply moved away,” said Det Chief Supt Flood. The BTP review is the first in a line of similar reviews the NPIA is conducting with other forces across the country. Its UK Missing Persons’ Bureau maintains an unidentified body database for the police service. Under operational name Kharon, the Bureau is now providing funding and dedicated operational support so forces can conduct cold case reviews to help identify those on the database. NPIA Chief Executive Chief Constable Peter Neyroud said: “Through the database we maintain and because of the breadth of forensic capabilities the NPIA provides the police service, the UK’s Missing Persons’ Bureau is best placed to support the service when it comes to cold case reviews of www.the-investigator.co.uk


this kind.” There are around 1,000 cases of unidentified bodies across the country, dating back more than 50 years. “Behind every case will be a family or friend who perhaps wants to know what happened to their loved one or bring closure to a mystery,” said Mr Neyroud. Through the UK’s Missing Persons’ Bureau, the police service is able to draw on expertise from across other NPIA expert services, such as the National Injuries Database, DNA databases, fingerprint database and age progression and forensic artists. The BTP drawings have been made by Leeds-based police facial imaging specialist Sharon McDonagh. She is one of only a handful of accredited police

artists on the NPIA’s specialist database.

cold case

She said: “What I try to do is to recreate what the person would have looked like alive, to breathe life back into them if you like. The source material is a mortuary photograph, but the drawing is not just a reproduction. Rather these are interpretations that highlight certain characteristics, which people who knew the person will hopefully instantly recognise. “Although I only have a picture of a face to work from, I use all the information about that person. If you know they are of slim build for instance that will affect the way you draw their face; if you know something about their background, you can get a feel for the person.”

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August/September 2010

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Some of the country’s leading experts will be presen(ng all the latest thinking in the area of interviewing child suspects and witnesses and will give advice on all aspects of achieving best evidence. Sponsored by Business Systems UK Ltd, the conference is the fourth in the series of specialist inves(ga(ve interviewing conferences aimed at all those involved in inves(ga(ve interviewing including: frontline detec(ves, trainers, advisors, academics and industry. Confirmed speakers include: • Kerry Marlow ‘Understanding Communica(on and Seeking Clarifica(on from Children’ • Lancashire Constabulary officers DCI Dean Holden and DS Stuart Dixon who will speak about the challenges they faced when interviewing child suspects in the Sophie Lancaster Murder Inquiry. • Tina Pereira, NPIA Registered Intermediary: ‘The role of the registered intermediary in child witness interviews’. Tina has worked with many forces to provide expert advice in a wide range of inves(ga(ons • Brenda Robinson, Child Forensic Specialist and trainer for police in the forensic interviewing of child vic(ms: ‘Best evidence in court – implica(ons for your interviews’ • Norma Howes, Child Forensic Psychologist, ‘Best prac(ce and challenges around interviewing child witnesses PLUS: An expert from na(onal independent organisa(on Triangle Services will be speaking about their work in providing training and advice to police and the wider criminal jus(ce system on the interviewing of child vic(ms and witnesses in the criminal jus(ce system.

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c a s e study

Operation Wizard

T

wo men who were involved in a £4M ‘boiler room’ scam have been ordered to pay back a total of £1.4M. The Investigator reports.

Nicholas Ailey and Niven Gunaratnam masterminded a sophisticated fraud operation to con innocent people out of their hard-earned money. But their plan backfired when their scam was rumbled by Hertfordshire Constabulary and the men were ordered to pay back £50,000 and £334,802.72 respectively during recent confiscation hearings at Southwark Crown Court. Ailey and Gunaratnam, who have already been convicted for their part in the crime and given prison sentences, will have to serve an extra 15 months and three years behind bars if they fail to pay the sum and would still owe the money once the default sentence had been served. The two men were both involved in a £4 million ‘Boiler Room’ scam, run from a bedroom of a house in Watford, and saw more than 320 people conned into buying worthless shares. Two other men, Fraser Bettie and Inaam Ul Haq have already been ordered to pay the victims compensation following confiscation hearings last year, £955,579.34 and £40,000 respectively.

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August/September 2010

The total amount, £1,380,382.06, will now be shared amongst the victims across the country. The money is the realistic amount that could be claimed from the offenders’ assets.

Detective Constable Jim Frost of Hertfordshire Constabulary’s Fraud Squad, said: “This has been a complex and detailed investigation where we have scrutinised the offenders’ finances to claim compensation for the victims, and we were relentless in our work to ensure all the individuals responsible paid for their actions.” The Investigation Operation Wizard was launched by Hertfordshire Constabulary’s Fraud Squad following an anonymous call to Crimestoppers in late 2005. Following initial enquiries, officers discovered a ‘Boiler Room’ fraud was taking place, with connections across the UK, Spain and Italy. This type of fraud is where a company is based outside the UK, and is employed to promote the shares of another company, which are either worthless or of little value. The salespeople use high pressure tactics, often calling people several times a week in order to get them to buy shares.

www.the-investigator.co.uk


case s n tout d ey s

would be invested in Payweb, only 20 per cent in total was. 45 per cent of the £4 million was paid to the brokers of DG Advisory.

In this case salesmen, working for DG Advisory, based in Barcelona, Spain, were promoting the shares of NetJet Ltd, a company operating in Hertfordshire. These salesmen would call potential investors from across the UK and offer them shares in NetJet Ltd.

• Bettie, the owner of DG Advisory, received £802,000 • Ailey was a manager at DG Advisory and received around £240,000 • Ul Haq, a salesman for DG Advisory, received £97,000 Niven Gunaratnam spent the rest of the money on living a lavish lifestyle and when arrested was found to have spent some £230,000 in cash. He had also invested money in various businesses, including a comic book company.

They were then told money spent on NetJet Ltd shares would then be invested in Payweb, a secure internet electronic money transfer scheme, based in Italy. This would eventually result in an excellent Victims were from across England, Scotland, Wales return for investors when the company floated on and Northern Ireland. In Hertfordshire, victims were the Alternative Investment Market (AIM) and later from Ware, St Albans, Welwyn and Codicote. lead to NetJet Ltd owning Payweb. In reality, DG Advisory and NetJet Ltd were vehicles for fraud, set up purely to make money for its workers. NetJet Ltd was registered as operating from a prestigious Pall Mall address in London. However, it in fact was operated from a bedroom in Muriel Avenue, Watford. This was the home of Niven Gunaratnam, who was also the director of NetJet Ltd. Payweb was a legitimate company but has since folded. Between February 2005 and January 2006, Bettie, Ailey, Ul Haq, salesmen for DG Advisory in Spain, promoted shares in NetJet Ltd to 324 investors, mainly elderly people, to a value of £4 million. Despite claiming a vast amount of investors’ money

In total, thirteen people were arrested in connection with the investigation. However, some were later released without charge but helped the police and the Fraud Prosecution Service (FPS) form the case against the four defendants who were successfully convicted at Southwark Crown Court in March 2009. They were: Frazer Bettie, now aged 35, formerly of Dunstable Road, Dagnall, was found guilty of Money Laundering and was sentenced to four and half years in prison. Inaam Ul Haq, now aged 30, formerly of Byrd Road, Crawley, was sentenced to three and half years imprisonment at Southwark Crown Court after pleading guilty to Money Laundering. Niven Gunaratnam, now aged 32, formerly of Muriel Avenue, Watford was found guilty of conspiracy to defraud and was sentenced to five and half years in prison. Nicholas Ailey, now aged 33, formerly of Hazel Close, NW9, was found guilty of conspiracy to defraud and was sentenced to four years in prison.

www.the-investigator.co.uk

August/September 2010

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Brought to book c o u nter terrorism

T

he Blackstone’s Counter Terrorism hand book has become the definitive guide for practitioners and academics in this evolving area of policing. Author DS Andrew Staniforth talks about the ethos behind the book ahead of the release of an updated version later in the year. How long have you been a police officer and how did you become involved in CT work? I have been a West Yorkshire Police officer now for 16 years, joining the force in 1994 having previously studied at Leeds University. I first became interested in terrorism during my initial probationary period when, as a young officer sat on a uniformed patrol briefing, I observed a presentation from Special Branch officers. I found what they had to say very intriguing, so much so that even after moving from uniformed patrol to CID, I had not forgotten their presentation and promptly responded to an internal force advert I saw for the position of Special Branch Detective Constable. Preparing for the interview and delving into the secretive and sensitive environment of national security served to convince me that a career in countering terrorism would be a fascinating vocation.

In 1999 I joined Special Branch and since that time have spent my professional life, as well as a large proportion of my personal time, attempting to understanding terrorists as well as interpreting and applying the measures we employ to counter them. My last ten years have been challenging, yet immensely fulfilling, and I continue to learn more

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August/September 2010

and more everyday about terrorists, their characteristics, tactics and their motivations.

You have an updated CT handbook coming out in December – what changes have you made to the revised version? The first edition of the Blackstone’s CounterTerrorism Handbook was published in March 2009. Its publication marked the end of a three year journey from original concept and design through to final publication. It was a real team effort between the North East Counter Terrorism Unit, the Police National Legal Database, West Yorkshire Police and Oxford University Press. The first edition was used by counter-terrorism operational practitioners, as well as lawyers and civil servants, who found it to be of significant value as a reliable reference and resource. It was also used by academics and their students proving to be a unique text offering an insight to the practical and operational reality of countering terrorism today. The second edition, to be published in December later this year, builds upon the first in which I have reflected upon the lessons we must all learn from previous terrorist events while signposting future security challenges. It has also been informed by senior professionals, practitioners and leading academics in the UK, throughout Europe and beyond. Their expertise has served to shape the second edition, which has been thoroughly revised and brought up to date, reflecting the pace of the evolving threats from terrorism and the measures employed to counter them. www.the-investigator.co.uk


The second edition has over 30 counter terrorism case studies and now includes the European Counter Terrorism Strategy, the Olympic and Paralympic Safety and Security Strategy, alongside practical guidance and advice concerning operational security and the application of antiterror powers. The second edition continues to be supported by Lord Carlile, the Independent Reviewer of Terrorism Legislation and Professor Clive Walker, Head of School of Law at University of Leeds. An important addition to the second edition has been the contribution and support from the Consultant Editor, Deputy Assistant Commissioner Stuart Osborne, the Head of the Metropolitan Police Counter Terrorism Command and the Senior National Co-ordinator of Counter Terrorism. He has added significant value to the Handbook’s content What do you consider the main role of the CT handbook is and how can officers use it during their working lives? The purpose of the Blackstone’s Counter-Terrorism Handbook is to provide all professional practitioners with an authoritative guide to countering terrorism and the law. From my personal and professional experience I am aware that there are a number of unique challenges that confront those in authority when attempting to increase their awareness of terrorism and counter-terrorism issues. The perceived complexity of the subject, the sensitivity of operational information and the nature of specialist roles are just some of the contributory factors. In recognising these challenges, the second edition is specifically designed to meet the needs of all professionals who require to broaden their knowledge and understanding of this critical subject. The Handbook is accessible, providing all police colleagues with an operational guide to antiwww.the-investigator.co.uk

countec r at e s rer o n roitsem s

terrorism legislation, as well as offering important contextual chapters on the counter-terrorism operational framework, the national structures and strategies, and the role and functions of key agencies.

The legislative section, brought fully up to date by Marnie Ratcliffe and Christiana Rabenstein, legal advisors at the Police National Legal Database, focuses primarily on police powers, procedures and offences. These provisions are accompanied by explanatory notes, related case law, and points to prove. The Handbook is designed in a portable style, and is an ideal practical resource for all operational officers which is aimed specifically at the police and our counter terrorism training needs. The second edition has personal contributions from Sir Norman Bettison, the Chief Constable of West Yorkshire Police and ACPO lead for ‘Prevent’, as well as from Sue Hemming OBE, the Head of the Crown Prosecution Service Counter Terrorism Division, who both offer a unique perspective on countering terrorism from their area of expertise. The Handbook continues to be a useful tool for tackling terrorism as it serves to inform colleagues by translating the academic and theortectical understanding of terorirsm which is essential for the design and delivery of effective counter measures. What is the main role of CT units and how do they operate? The primary purpose of counter terrorism policing is to protect the public form harm so that they can go about their business freely and with confidence. In response to the challenges posed by international terrorism, specifically the threat arising from AlQaeda inspired terrorism, the police service has constructed a new national network which is now fully constituted and operational across the UK. Developing this network has marked a period of August/September 2010

27


c o u nter terrorism

unprecedented change and growth in our long history of policing terrorism. The new networks efforts are marshalled by the UK’s Counter Terrorism Strategy, ‘CONTEST’, now one of the worlds most comprehensive and sophisticated counter terrorism strategies in operation today. An essential element of the new national police counter terrorism network has been the creation of national assets deployed regionally across the UK who pursue terrorists by using a blend of covert and overt policing tactics. The past four years have been extremely challenging, with the locating, planning, furnishing, fusing and resourcing of these new Units. While constructing this new response we have simultaneously managed to effectively respond to a ‘severe’ terrorist threat having dealt with a number of demanding and sensitive investigations. The new counter-terrorism structure supports the wider ‘Intelligence Machinery’ and their collective efforts to protect our national security from a broad range of security challenges. That being said, neither specialist counter-terrorism policing units or the intelligence agencies can detect, disrupt or deter terrorist activity without the commitment of the wider police service or the public we serve. We have learned that national security depends upon neighbourhood security. It is now recognised that the police service represents one of many bodies who can improve the quality of lives for individuals and their communities. It is this local contact that is required not just to prevent gun crime, knife crime and antisocial behaviour but also to identify those who encourage extremist views and engage in terrorist related activity. What are the main challenges for the police service in terms of the CT threat and how are we dealing with them?

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August/September 2010

The threat from international terrorism remains at ‘severe’ which indicates that a terrorist attack is highly likely. Pursuing terrorists with the aim of reducing the threat they pose continues to be the main challenge for the police service. Over recent years we have seen the increasing use of home-grown terrorists and home-made explosives. These have presented the police service with a decreasing window of opportunity to detect, deter and disrupt their activity and ironically, at a time when terrorist activity is becoming increasingly inexpensive to conduct it becomes more complex and resource intensive to counter. Tackling the present threat from terrorism is set against a background of uncertain austerity measures to be introduced by the new coalition government. The policing of terrorism will no doubt have to play its part in reducing public sector spending but whatever the outcome we will have to continue to strive towards delivering the very best value for money and a service of the highest professional standards as the terrorists and violent extremists operating in the UK and overseas demand that commitment. I also agree with the comments made by Lord Carlile QC, the Independent Reviewer of Terrorism in his last review of the anti-terror legal framework published in July in which he stated, ‘I have visited several Counter Terrorism Units during the year. Whilst complacency is always inappropriate in anything relating to terrorism, I am optimistic that the UK police and other services are at least as likely to prevent a terrorism event as their colleagues anywhere else in the world.’ You are speaking at the Investigator’s CT conference in November on Olympics security. How significant is the CT threat in relation to the www.the-investigator.co.uk


Olympics? The CT conference on 30 November will be an important event for those concerned in protective services. It will no doubt add value to the significant amount of work already undertaken to deliver a safe and secure Olympic Games in London during 2012. I will be discussing what lessons we may learn from the history of terrorism and the Olympics which is a fascinating area of study. Throughout history the Olympic Games has presented an opportunity for terrorists and extremists to draw attention to their particular ideological cause. This message is reinforced by the Governments London 2012 Olympic and Paralympic Safety and Security Strategy which was published in July 2009. Alongside its stated vision to ‘host an inspirational, safe and inclusive Games leaving a sustainable legacy for London and the UK’ it also identities four critical success factors, the first of these being ‘the Disruption of any attempt by terrorists or by organised criminality to target Games-related locations and infrastructure.’

counter terrorism

specific event or a sustained long term struggle. No one single agency can counter the totality of the threat from contemporary international terrorists who have proved their operational expertise of recruiting in one location, training in a second, attack planning in a third and delivering mass murder in a fourth.

It is essential that all concerned in the security efforts to guard against terrorism bring their expertise to bear in concert with others which provides us with the very best opportunity to counter the full range of terrorist threats to the UK and our interest overseas. Looking to the future, what are the main CT challenges that the police will face?

The police service has several key challenges, some I have mentioned already such as reducing the What I believe is important is that we must continue ‘severe’ threat from terrorism in the short term as to put the threat from terrorism and violent well identifying new and emerging threats while set extremism in perspective. against the background of public sector efficiencies. When compared against other types of criminal activity, terrorism thankfully remains a relatively rare occurrence, due in part to the determined effort of the police counter terrorism network, yet at the same time the impact of terrorist attacks continues to demand a focused and determined response from the whole police service and our key partners. How important is a co-ordinated response in which all agencies take on a role in the policing and security effort? Countering terrorism is a team effort and a coordinated response is vital in order to prevent attacks to protect the public whether this is for a www.the-investigator.co.uk

We must also continue to prevent terrorism in the longer term as the threat from Al-Qaeda inspired terrorism will not be beaten by a momentary remedy, it may well last far beyond my policing career and will continue to demand a permanent body of specialised colleagues to defeat it. Our generation of police officers therefore has an opportunity to lay the foundations for the next who will be required to learn from our experiences, and who must continue the development of an effective counter terrorism response that will serve to protect the public from all forms of terrorism and extremist violence in the long term.

August/September 2010

29


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report

G ro wi ng p r o bl em

U

K police forces detected more than 6’800 cannabis farms and factories in the UK in 2009/10 according to the finding of a new report from ACPO on the cultivation of cannabis in the UK. The Investigator reports.

involved in other types of crime such as counterfeiting currency and DVDs, money laundering, tobacco smuggling, immigration crime, firearms, blackmail, prostitution, theft and people trafficking.

Look behind the frontline doors of some of the homes in England and Wales and you would be surprised to find that such supposedly ‘normal’ looking houses are used for very unusual activities such as the cannabis of cultivation.

ACPO lead on cannabis Commander Allan Gibson of the Metropolitan Police said the findings came as no surprise.

A report by the ACPO called The ‘UK National Problem Profile, Commercial Cultivation of Cannabis’ also reveals that over 1.3 million plants with an estimated value of £150 million were recovered during the two year survey period. The criminals involved in this activity are changing with more white British people involved than ever before. The report found that the majority of offenders are between 18 and 35 years old. Premises used are becoming more varied with farms now uncovered in industrial buildings, former pubs, cinemas, nightclubs, hotels, print works and banks The largest factory found was in an industrial unit in Haddenham, Cambridgeshire where more than 7600 plants were recovered with an estimated value of £2.5 million Criminals involved in cannabis cultivation are also www.the-investigator.co.uk

“Between 2004 and 2007, 800 cannabis factories a year were being uncovered by police. That rose to over 3000 a year in 2007/08 and over 6800 in 2009/10. This increase can be attributed to a number of factors, including an increased focus by law enforcement,” he said. “The police response is now stronger and more effective through better coordination and intelligence sharing between forces and other agencies and more covert operations against the operators,” he continued. Commander Gibson said that the level of publicity around cannabis since its reclassification in 2008 has meant that more members of the community are now reporting any unusual signs of habitation in buildings and houses which is leading to more detections. “This profile gives us a better understanding of the current picture of the commercial cultivation of cannabis in the UK and the need for continued robust enforcement.”

August/September 2010

31


f e a t ure

Role Play

T

he role of the Appropriate Adult is a vital part of the justice process. Lis Pritchard from the National Appropriate Adult Network discusses their vital function.

The role of the Appropriate Adult was introduced in the Police and Criminal Evidence Act 1984 (PACE) as one of a range of measures aimed at safeguarding the rights of detainees in police custody. This followed a number of high profile miscarriages of justice in the 1970s where vulnerable individuals were convicted of serious crimes following what later turned out to be false confessions. All juveniles (under 17 years old) and any adult that the custody officer thinks might be mentally vulnerable should have an appropriate adult present during interviews, all ID procedures and, if possible, during charging or other disposal. It is the custody officer who should identify vulnerability and they must take account of any evidence given to them by the detainee or anyone else. It is not the decision of the health care professional or the FME. Mental vulnerability under PACE is much broader than any specific definition of mental illness or learning disability. The safe rule is, if in any doubt,

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August/September 2010

request an appropriate adult.

The Youth Offending Service has a statutory responsibility under the Crime and Disorder Act (1998) to ensure the provision of an appropriate adult service for juveniles when parents or other carers are unavailable. They can do this directly, using either paid staff or volunteers, or they can contract out the service to a voluntary sector organisation or a private company. However the service is provided, it should meet the requirements and standards set out in the Youth Justice Board Case Management Guidance which are closely linked to NAAN’s National Standards. These specify, for example, a response within a maximum of two hours, a clear point of contact for the police, and a service using trained and CRB checked appropriate adults available from around 8am to 11pm every day. It is worth pointing out that while the police often say they require a 24 hour service, the evidence for that is rarely presented. The cost of having a service available 24 hours a day (with proper support and management back-up available), is huge and NAAN does not recommend this. If the AA service provided for juveniles is not www.the-investigator.co.uk


feature

adequate and does not meet the YJB standards, a Once at the custody suite, the appropriate adult has senior officer should take this up in the first instance a number of rights and responsibilities all of which with the service provider, and then with the YOT. are outlined in PACE Code C. If necessary they should then contact the YJB. It is important that the police do not try and make their own arrangement for juveniles but insist that the YOT meets its statutory responsibilities. If in any doubt, NAAN can offer advice and assistance to the police. The position with regard to vulnerable adults is more complicated as no statutory body has a duty to ensure the provision of an appropriate adult service for this group. Many police officers will have experienced frustration and delays trying to get hold of an appropriate adult for a vulnerable detainee. NAAN has been lobbying government on this issue for some time and has recommended that statutory responsibility for this service be given to local authorities. It is possible however that this responsibility could go to health authorities as part of the wider responsibility for commissioning of health care in police custody. NAAN is currently working with the Home Office and the Department of Health on this issue and has recently, with the support of ACPO, conducted a survey of police forces in England and Wales looking at existing provision and problem areas. In the meantime, the position remains patchy fro vulnerable adults. There are some good services provided in areas where local authorities and other statutory bodies have accepted responsibility and committed funding. In other areas, the police have to rely on help from local Emergency Duty Teams who will often have other priorities and may well only attend for people known to them. This is far from satisfactory either for the vulnerable detainee or for the police.

www.the-investigator.co.uk

They must be present when the caution is given (or repeated); they have a right to see (and have a copy of) the custody record and they can also see (with the detainee’s agreement) any medical information attached to the custody record. They have the right to request legal advice on behalf of the detainee even when the detainee has not requested it, and for juveniles and vulnerable adults this means legal advice in person and not just telephone advice. NAAN recommends that appropriate adults should always insist on legal advice, though they are advised not to be present during the legal consultation as they are not covered by legal privilege. The role is an active one. The appropriate adult is there to protect the rights of the detainee and to facilitate communication between them and the police. This means they can interrupt or stop an interview. They should always try to ensure that the detainee understands the questions, and they should make sure that the police are aware if, for example, a detainee with a learning disability has a short attention span and needs simple questions and regular breaks. It is important for the police also that an appropriate adult fulfils their role effectively; there are less likely to be legal challenges later if they have done this. Finally, it is useful if the police develop and maintain good links with the organisation(s) providing the appropriate adult service in their local area. Most will have a steering or liaison committee and will welcome police involvement in this. They are also usually very keen to have police involvement in the training of new appropriate adults. For further information, please contact the National Appropriate Adult Network (NAAN) admin@appropriateadult.org.uk August/September 2010

33


r e p ort

Proj e ct Ac u me n

T

he extent to the problem of the trafficking of migrant women for sexual exploitation is the subject of an ACPO study called Project Acumen. The Investigator reports. Over half of the women who are involved in offstreet prostitution in England and Wales are migrants according to the findings of an ACPO study on the trafficking of migrant women.

It found that around 17,000 of the estimated 30,000 women involved in off-street prostitution in England and Wales are migrants. Approximately half come from Eastern Europe and a third from Asia. Project Acumen aims at improving the understanding of the nature and scale of the trafficking of migrant women for sexual exploitation so it can be tackled more effectively. Led by the Regional Intelligence Unit for the South West, the project sought to measure the extent of trafficking in England and Wales and provide a more nuanced picture of the trafficking landscape. It highlights the sometimes complex circumstances of trafficked women and the varied techniques used

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August/September 2010

by traffickers to influence, control and exploit them. The estimate of trafficking is built up from an examination of the off-street prostitution sector in seven regions, which has then been generalised to represent England and Wales as a whole. The project calculated the number of businesses operating in the sector, and then converted this into the number of women involved in prostitution (allowing for differences in size between businesses). The project has estimated the sector consists of 6,000 businesses and 30,000 women involved in prostitution. 17,000 of these women are migrants, and these were the focus of further analysis. To assess the extent of trafficking, detailed information was gathered from a sample of migrant women involved in prostitution. The research included specially trained police officers conducting interviews with a sample of over 200 women involved in prostitution to determine each woman’s individual circumstances. The results and findings were considered in consultation with experts from law enforcement, support services and academia; this rigorous www.the-investigator.co.uk


approach was intended to ensure that the estimate is as reliable as possible. The analysis suggests that of the 17,000 migrant women involved in prostitution in the off-street sector: • 2,600 are trafficked. These are highly vulnerable people. Although most are not subject to violence themselves, many are debt-bonded and strictly controlled through threats of violence to family members. A total of 1,300 of these women are from China, and most of the rest are from South East Asia (primarily Thailand) and Eastern Europe. • 9,600 are considered to be vulnerable. Although they have elements of vulnerability to trafficking, most are likely to fall short of the trafficking threshold. There may be cultural or financial factors which prevent them from exiting prostitution (or seeking help to do so) but they tend to have day to day control over their activities, and although they may have large debts they generally do not consider themselves to be debt-bonded. The majority of women in this category are from Eastern Europe (4,100), followed by those from China and South East Asia (3,700). The remaining women are from South America and Africa. • 5,500 do not meet the ‘trafficked’ or ‘vulnerable’ thresholds. These women were aware before leaving their home country that they would likely become involved in prostitution, live and work largely independently of third party influence, keep a significant proportion of the money they earn and are not subject to debt-bondage or threats of violence. A total of 85 per cent of migrants in this category are from Eastern Europe, and there are relatively few barriers preventing them from existing prostitution and returning to their countries of www.the-investigator.co.uk

report

origin.

The report also finds that significant regional differences exist. For example, in London 96.4 per cent of women involved in prostitution are migrants, compared with only 31.5 per cent in Yorkshire and the Humber. As with any research into organised crime, a number of important caveats need to be borne in mind. Firstly, human trafficking is a covert crime. This means any attempt at measuring or estimating it is inherently difficult. The estimates in this report are therefore just that – estimates – albeit robust ones based on research using open sources, police intelligence, published material and first hand interviews with women involved in prostitution. Secondly, because there are believed to be few migrants in the on-street prostitution sector, the report is focused on the off-street sector. The report does not cover closed markets in the offstreet sector (e.g. brothels that are advertised only in specific languages or only accept clients by invitation); although it has not been possible to formally estimate the extent of trafficking in these closed markets they are thought to comprise only a small proportion of the overall sector. Thirdly, as the report attempts to demonstrate, there is no single story for all victims of trafficking any more than there is one for all women involved in prostitution. Some are subject to kidnap, rape and imprisonment, some enter the sector independently and are effectively self-employed within it, and others fit somewhere between these extremes. This presents significant challenges when trying to measure trafficking, which is itself a concept interpreted in variety of ways by different people and organisations.

August/September 2010

35


On the record

t e c hnology

D

igital interviewing recording technology is set to replace the old tape system.

Toby Sparrow from Business Systems Ltd talks about how the new approach by the Home Office to IT and policing is affecting procurement of new interview recording equipment. There is a lot of speculation at the moment over the future of various policing bodies and possible government alternatives. How does this affect forces needing to replace their interview recorders? I think most police forces are aware that the NPIA has been working on a procurement framework for digital interview recording equipment, and have been holding off on any decisions relating to replacement of that equipment until they have seen the outcome of the NPIA’s initiative. There appears to be some delay in announcing the results of that initiative, but as things stand at present there are a few companies short-listed with solutions that meet the requirements, and Business Systems Ltd is one of those.

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August/September 2010

What are the requirements? I can’t talk about anything specific to do with the requirements as the tender process is still under way. However, it’s no secret that the current analogue tape recorders need to be replaced, not least because parts and tapes are becoming difficult to source. The important thing to understand about digital systems is that they produce digital files which are not just of a higher quality, but which can be transported electronically in an instant. There are, however, many different digital file formats and if every force picks a different solution, there could be serious issues in the future. What sort of issues? The NPIA is looking at this from the perspective of needing to address the immediate problem, whilst also looking to the future. I think that is a sensible approach because we all know how expensive a short-term fix can be in the future. Potential future issues will be around one force storing interview and other evidential data in one format, whilst another uses something entirely different making future collaboration very difficult, and a vision of a joined-together police force across the country almost impossible. www.the-investigator.co.uk


Some forces will have concerns about a digital system because of the expense of implementing it and the quality of network infrastructure. What would you say to them? Those concerns are very real. Some forces are not in a position to be able to implement a networked solution at the moment, yet they know that they have to replace the current failing equipment. The NPIA is placing high importance to this issue, and I think it is essential that any digital solution can be implemented as a standalone system that works more or less in the same way as the existing recorders, but is able to produce CDs or DVDs instead of tapes. The networking aspect can then happen at any point in the future. There will also be concern about the cost of doing this given the current cost-cutting in the public sector. How are forces supposed to afford changing to digital systems? There are two misconceptions out there amongst a large number of police forces. The first is that digital recording is an expensive alternative, just to get a better quality product. The reality is that the quality of the recording, whilst important, is not the main driver. The main drivers are that tape recording is an out-dated technology and is coming to the end of its life, so something has to be purchased to replace the tape machines. The digital like-for-like replacement that produces CDs or DVDs is probably going to be very similarly priced to a replacement dual-tape recorder. The second misconception is that the current tapebased system is inexpensive. You don’t need to be an analyst to appreciate that the digital approach is going to save a lot of money. For a start, a cheap hard disk has the ability to store all of the recordings in a medium-sized force for a year which is a major cost saving compared to warehouse costs and maintenance. You then only need to look at the current process of bagging tapes, sending them for filing, requesting them from the library for transcription, returning to library etcetera. All of that stuff happens in an instant with a networked system.

www.the-investigator.co.uk

But you said that some forces won’t have suitable networks. Surely they won’t get these benefits?

technology

That’s true. Being able to transport files over a network is fast and cheap, but not all forces will be able to take advantage of that yet. The point is that the tape recorders still Toby Sparrow need replacing, and I think it only makes sense to replace them with something that can give them the advantages in the future. In my opinion, putting something in place that will not easily be networked in future would be an expensive mistake for a force to make. There has been some talk about video recording in digital systems. Is video recording necessary? That’s an interesting question. At present most forces have the ability to record some interviews with video – usually on VHS cassettes. It is a requirement for certain types of interviews with vulnerable witnesses. The debate is whether all interviews should be video recorded. In the digital world, video recording is a simple addition and cameras do not have to be expensive to provide a good quality video recording. In Scotland I understand that all interviews are now recorded with video as standard and initial feedback appears to be that being able to see the interviewer and interviewee adds a lot of value to the recording. Our CODES solution, for example, comes with cameras and microphones as standard. That means you can choose whether you want to record just audio or both audio and video for each interview. Surely digital video files are much bigger than audio only? Isn’t that going to mean more expensive networks and more expense in storage? That is right. A video interview file is around three times bigger than an audio-only file. This will mean August/September 2010

37


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that more storage will be needed to store the same number of interviews. However, as I said earlier, disk space is relatively inexpensive these days and definitely a lot cheaper than warehouse space. Network bandwidth is an interesting one though, because there are two ways in which video can be recorded. One way is to use the network to send the video in real time, that is to say as it is actually happening, to the server where it gets stored. This is how most CCTV works, and requires sufficient bandwidth to be available for a given number of simultaneous interviews. We think this is a flawed approach because it does not recognise the reality that most forces do not have that sort of capacity on their networks, and are not in a position to upgrade them. The approach we have chosen records the interview locally in each interview room on the recorder itself, and then it sends it to a server during lulls in the traffic. This is far less demanding www.the-investigator.co.uk

on the network and most existing networks would be able to cope quite easily. What about power failures, and other technical issues during an interview? I don’t think anybody can say that errors will never happen. Even using tapes, they sometimes break or have other technical issues. The important thing is to take whatever steps can possibly be taken to minimise the likelihood of something happening, and secondly to minimise the impact if something does happen. For CODES power is not an issue as it works just as well without power on its own internal battery as it does with power. We also ensure that recordings are stored in real time so if there is an issue, everything up to that point is still saved. The rest is about trying to make sure nothing does go wrong. For more information go to: www.businesssystemsuk.co.uk E: sales@businesssystemsuk.com August/September 2010

39


l e g al update

he Investigator reports on important legal changes/proposals that have been announced over the summer.

T

Justice Secretary Kenneth Clarke restated the Government’s commitment to upholding international law and said:

New rules on universal jurisdiction The Government is proposing new rules about how courts in England and Wales deal with people accused of serious human rights violations.

“Our commitment to our international obligations and to ensuring that there is no impunity for those accused of crimes of universal jurisdiction is unwavering.

There are a small number of offences over which the United Kingdom has 'universal jurisdiction'. That means that a suspect can be prosecuted regardless of where the crime was committed, or the nationality of the perpetrator or victim.

“It is important, however, that universal jurisdiction cases should be proceeded with in this country only on the basis of solid evidence that is likely to lead to a successful prosecution – otherwise there is a risk of damaging our ability to help in conflict resolution or to pursue a coherent foreign policy.”

Offences covered include some of the most serious under international law, such as: • war crimes under the Geneva Conventions Act • torture, and • hostage-taking. A person accused of committing these very serious crimes in another country can be brought to justice in UK courts. At the moment anyone can apply to the courts for an arrest warrant. That is a right that the Government wants to protect. However, because the evidence necessary to issue an arrest warrant may be far less than would be needed for a prosecution, the system is open to possible abuse by people trying to obtain arrest warrants for grave crimes on the basis of flimsy evidence to make a political statement or to cause embarrassment. In the past, attempts have been made to obtain warrants to arrest visiting foreign dignitaries such as Henry Kissinger, Chinese Trade Minister Bo Xilai and Tzipi Livni, former Foreign Minister and now leader of the Opposition in Israel. Announcing plans to bring forward legislation,

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August/September 2010

He said that the Government has concluded, after careful consideration, that it would be appropriate to require the consent of the Director of Public Prosecutions before an arrest warrant can be issued to a private prosecutor in respect of an offence of universal jurisdiction.” The Government will bring forward legislation as soon as Parliamentary time allows. Bribery Act implementation The UK will reinforce its reputation as one of the least corrupt countries in the world, when the Bribery Act comes into force in April 2011. The Act will ensure the UK is at the forefront of the battle against bribery and pave the way for fairer practice by encouraging businesses to adopt anti-bribery safeguards. The Act will: • Introduce a corporate offence of failure to prevent bribery by persons working on behalf of a business. A business can avoid conviction if it can show that it has adequate procedures in place to prevent bribery. • Make it a criminal offence to give, promise or offer a bribe and to request, agree to receive or www.the-investigator.co.uk


accept a bribe either at home or abroad. The measures cover bribery of a foreign public official. • Increase the maximum penalty for bribery from seven to 10 years imprisonment, with an unlimited fine. In September the Government will launch a short consultation exercise on the guidance about procedures which commercial organisations can put in place to prevent bribery on their behalf. This will be published early in the New Year to allow businesses an adequate familiarisation period before the Act commences. The consultation will be followed by a series of awareness-raising events to ensure everyone is aware of the changes the Bribery Act makes to the current law. CPS launches consultation on human trafficking public policy The Crown Prosecution Service (CPS) today began a public consultation on its Public Policy Statement on Human Trafficking. The draft document outlines how human trafficking cases are prosecuted and what victims can expect from the CPS. The CPS will be asking victims of human trafficking for their views to inform and influence the policy based on their experiences. This will be done through the POPPY Project, which shelters victims, and organisations such as AntiSlavery and children’s rights campaigners ECPAT. Keir Starmer QC, Director of Public Prosecutions, said: “It is important that those who help victims understand our role in dealing with human trafficking cases. This new public policy will be the go-to guide on the prosecution process for support groups.” He said that it will clearly set out the help that we offer to victims to encourage them to support criminal proceedings and enable them to give their www.the-investigator.co.uk

best evidence in court.

l ecgaasl eu p nd oa t et e s

“This will help support groups to give informed advice to victims, which we hope will ultimately lead to more victims supporting prosecutions. The public policy will also explain our role in disrupting trafficking, including pursuing the financial assets of traffickers.” Mr Starmer said: “Combating human trafficking is a high priority for the CPS and the criminal justice system - we are committed to tackling and disrupting this modern form of slavery. Supporting victims so they can speak out against their traffickers in court is at the heart of our policy and this new public statement will make that clear." The CPS works with other government departments and non-governmental organisations to support victims of human trafficking. Prosecutors keep victims informed of how the case against their trafficker is progressing and, in cases involving child abuse or sexual offences, meet with them to fully explain charging decisions. We can also apply for special measures to assist the victim in giving evidence, which includes giving evidence via video-link to the court from the victim's home country. Human trafficking is criminalised under the Sexual Offences Act 2003 (trafficking for sexual exploitation) and the Asylum and Immigration Act 2004 (non-sexual exploitation, including forced labour, domestic servitude, benefits and organ harvesting). It is punishable by up to 14 years imprisonment upon conviction. The CPS can prosecute anyone involved in the trafficking of people into, within or out of the UK, regardless of where they are in the world when they commit the offence. August/September 2010

41


One Digital

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ADVERTORIAL

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Digital Interview Recording - May 2010 August/September 2010

www.the-investigator.co.uk


INTERVIEW RECORDING

ADVERTORIAL

Moving to digital is not the only decision Over the last few years, there has been much discussion about the desirability of Police Forces embracing digital media, and modernising interview recording is just one example.

The benefits of digital data have been trumpeted often and there should be few doubters that this is the way o f progress for the 21st century.

However, there are many implications of the use of digital data, not just in the initial collection and storage but equally in the expectations of the benefits that will be achieved.

Regarding interview recording, the benefits of having digital storage and networking to speed up the time that it takes to process cases for court are clear, but other decisions like using, or at least equipping, all interview rooms with video facilities are less obvious.

Firstly, cost. The cost of a video suspect interview room is probably 4 to 5 times the cost of an audio room and, in these days when Chief Constables are fighting for every penny from a debt ridden government, is there a need to record a ten minute interview with a shoplifter on video or even in a video equipped suite?

Furthermore, if we are to network all these systems, and, again, few doubt the benefits, have the implications of having good quality video routed across the internal IT networks really been considered?

When calculations of required bandwidth are quoted, they usually

only use the quantity of data from recorder to storage.

What about the requirement for streaming video for an officer sitting at his desk monitoring an interview in progress or officers preparing their cases for the CPS and reviewing the record of interviews. When we really have joined-up-justice, the CPS may also be watching an old interview in preparation for court. If video is used universally, these accesses will require many times the bandwidth of an audio file and if the trend to record each camera separately is followed, this is all multiplied several times! A further consideration (and budget is a major constraint for those in public service) is the cost to provide networking facilities in interview rooms, to upgrade the IT networks to handle significantly more data and to log and protect, securely, the vital evidence that interviews sometimes represent.

Without doubt, existing analogue interview recorders are becoming obsolete; they are entering the final stage of the bathtub curve when failures increase rapidly.

Replacement is essential to enable basic operational work to continue and few budget holders will be prepared to add to this replacement exercise the cost and time delay of additional networking or IT infrastructure. Lastly, the fully IT literate police

officer is still in the minority; many will admit that they use the IT because of necessity rather than desire and few will be happy to enter an interview room and be faced with a laptop or some other IT based piece of technical equipment, that they were last shown how to use three months ago!

Interview recorders need to be simple and straight forward. In this technological age, equipment of this type should be foolproof, it should support the officer and provide facilities for him to do his work without the need for him to check every step – technology allows this.

The One Digital range of interview recorders provide stand alone portable and fixed audio and audio/video interview recorders with simple two-button operation. All machines are networkable, immediately or later to allow a force to replace their interviewing facilities with state of the art digital equipment, yet not be left out when budgets allow the desired upgrades to IT to provide a fully networked facility.

They are, in fact, an ideal answer to all five levels of the NPIA’s capability model.

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