For the Year Ended 31 March 2018 Together with the Certificate and Report of the Comptroller and Auditor General for Northern Ireland
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For the year ended 31 March 2018 Together with the Certificate and Report of the Comptroller and Auditor General for Northern Ireland Police Ombudsman for Northern Ireland ANNUAL REPORT AND ACCOUNTS FOR THE YEAR ENDED 31 MARCH 2018 Together with the Certificate and Report of the Comptroller and Auditor General for Northern Ireland The Annual Report is laid before the Northern Ireland Assembly by the Department of Justice in accordance with section 61(5) (a) of the Police (Northern Ireland) Act 1998. The Statement of Accounts together with the report of the Comptroller and Auditor General for Northern Ireland are laid before the Assembly in accordance with paragraph 12(2) of Schedule 3 to that Act (as amended by the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010). on 29 June 2018 Glossary of Abbreviations C&AG Comptroller and Auditor General CARE Career Average Related Earnings CETV Cash Equivalent Transfer Value CHS Case Handling System CPD Continuous Professional Development CPI Consumer Prices Index CSP Civil Service Pensions DoF Department of Finance DoJ Department of Justice FReM Financial Reporting Manual FTE Full Time Equivalent GSOC Garda Siochana Ombudsman Commission HIU Historic Investigations Unit IAS International Accounting Standards ICIT Initial Complaints and Investigation Team IFRS International Financial Reporting Standard IOPC Independent Office for Police Conduct MOU Memorandum of Understanding MSFM Management Statement and Financial Memorandum NCA National Crime Agency NDPB Non Departmental Public Body NIAO Northern Ireland Audit Office NICS Northern Ireland Civil Service NIPB Northern Ireland Policing Board NIPSA Northern Ireland Public Service Alliance NIRPOA Northern Ireland Retired Police Officers Association PIRC Police Investigations and Review Commissioner PPS Public Prosecution Service PSIAS Public Sector Internal Audit Service PSNI Police Service of Northern Ireland RPI Retail Prices Index SCS Senior Civil Service SCT Significant Cases Team SMT Senior Management Team SSRB Senior Salaries Review Board UVF Ulster Volunteer Force VAT Value Added Tax © Police Ombudsman for Northern Ireland Copyright 2018 The text of this document (this excludes all logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context. The material must be acknowledged as Police Ombudsman for Northern Ireland copyright and the document title specified. Where third party material has been identified, permission from the respective copyright holder must be sought. For further details about the re-use of Police Ombudsman for Northern Ireland information, or enquiries related to this publication/document, please write to us at Police Ombudsman for Northern Ireland, 11 Church Street, Belfast, BT1 1PG or email [email protected]. This document/publication is also available on our website at www.policeombudsman.org. Index to the Annual Report and Accounts Foreword by the Police Ombudsman 4-6 Performance Report: • Overview 7-11 • Performance Analysis 12-32 Accountability Report • Corporate Governance Report • Chief Executive’s Report 33-34 • Statement of the Police Ombudsman for Northern Ireland and the Chief Executive’s Responsibilities 35 • Governance Statement 36-43 • Remuneration and Staff Report 44-58 • Audit Report • Assembly Accountability Report 59 • Certificate and Report of the Comptroller and Auditor General to the Northern Ireland Assembly 60-61 Financial Statements: • Statement of Comprehensive Net Expenditure 62 • Statement of Financial Position 63 • Statement of Cash Flows 64 • Statement of Changes in Taxpayers’ Equity 65 • Notes to the Accounts 66-86 4 Foreword by the Police Ombudsman Welcome to my 6th Annual Report as Police has seen a reduction of 25% in the number of files Ombudsman for Northern Ireland. Once again the received and prosecutions have reduced by 27% in Office has had a busy and active year independently this period. investigating complaints against the Police Service of Northern Ireland. The Office was born out of The Office continues to deal with a wide range of the policing reforms following the Good Friday policing activities including complaints arising Agreement. While the political context of Northern from police searches, domestic incidents, traffic Ireland has changed dramatically over the past related incidents and arrests. Complaints in all 20 years, the need for independent oversight of these areas have declined. Allegations of failure the police remains strong. The police have the in duty, oppressive behaviour by police officers and powers to take someone’s liberty and in certain incivility by officers have also declined. circumstances their life. They have the power to search property and persons and it can be a As well as a reduction in overall levels of criminal daunting task to complain about police actions. justice activity which may impact on police Policing remains a contested space in some complaints, the downward trend in complaints quarters. The Office acts as a conduit between the may also be the result of a number of other citizen and the police service to independently factors. They include the roll out of body worn investigate any complaints that are made. video cameras as well as improvements in police training and operational practices. The overall It is pleasing to note that overall complaints decline in police complaints and allegations is to against the police are down on the previous be welcomed as I do believe they are indicative of year. Set alongside the strong awareness of the improving policing in Northern Ireland. Office and its independence, reducing numbers of complaints against police demonstrate that Of the 887 cases subject to full investigation we there is an improving level of engagement by the substantiated all or some of the allegations in police with the public. I believe that the Office 24% of cases. A total of 197 recommendations has contributed to this reduction in complaints were made for disciplinary action or performance through engagement with police and policy improvement. The Office continued to close recommendations made over the years since around 100 more cases than it opened. the Office has been established. The number of complaints received in the year ended 31 March We also made 40 policy recommendations 2018 was 2,561, a 9% decrease on the previous designed to improve policing. These included year. As an individual complaint may cover a recommendations to review the structure and number of different issues to do with an interaction resourcing of the investigation of fatal and serious with the police we also count the number of road traffic collisions and a recommendation allegations made. During the year there were 4,241 in respect of a police witness strategy. During allegations made against the police, a decrease the year a response was received from the PSNI of 12%. To set these figures in context compared in respect of a previous policy recommendation with five years ago there has been a decrease in arising from the lack of separate juvenile detention recorded crime of 3.9%; the prosecution service facilities within Musgrave Street Custody Suite. Foreword by the Police Ombudsman 5 At an operational level policy recommendations management of missing person investigations. were made and accepted include those relating to Finally, we also published an investigation which Detainee Reviews and Custody Handovers and the rejected claims that police could have prevented a cessation of the practice of evidential material break in at Castlereagh Police Station in 2002, but being recorded in unofficial police notebooks. chose not to in order to protect an informant. The investigation found no evidence that police had During the year we published a number of high any advance information which would have allowed profile case studies including investigations into them to prevent or disrupt the raid. two police pursuits during which one person died and three others suffered serious injuries. The progress made in the completion of historical I warned the police of the potential dangers of cases remains unacceptably slow. While the number them continuing vehicle pursuits when it was of cases coming to the Office has slowed down the clear that drivers were prepared to put themselves publication of historical cases remains problematic. and others at risk in their determination to evade The Office continued to face legal challenges capture. Both incidents involved cars travelling on a variety of subjects. The Loughinisland at high speeds through built up areas narrowly Public Statement was subject to judicial review avoiding collision with other vehicles, running red and an initial judgement was given in December lights, while police continued to give chase. Eight 2017. This found against the Office in relation to Officers were recommended for discipline and I procedural unfairness with regard to a particular made a number of policy recommendations relating police officer. The judge subsequently removed to the PSNI Police Pursuit Policy & Tactical Pursuit himself from the case and a different judge will Training. hear new arguments concerning the powers of the Office in the next financial year. Publication of We also published an investigation into the release reports has been postponed until there is clarity on from custody of a man who three days later killed what can be said in Public Statements. his partner and her friend. The investigation found that decision making was flawed and had a more In relation to funding we initially saw a 3% appropriate course of action been taken it may reduction in budget for 2017/2018 which was have reduced the likelihood of what was to happen. subsequently reduced with the provision of Eight Officers were recommended for discipline additional monies in year, meaning overall budget and I made a number of recommendations for reduction was in the region of 1%. While the revision of relevant policies for dealing with violent future budget of the Office looks more stable with offenders. inflation pressures we are still experiencing an overall budget reduction.