State of Policing: Annexes

ANNEXES STATE OF POLICING ANNEXES

105 STATE OF POLICING ANNEXES

107 STATE OF POLICING HMIC was :established in ANNEX B About HMIC History HMIC is independent of

A b o ut HMIC both the police service Her Majesty’s Inspectorate 1856 and the Government. of Constabulary was Both its independence and established in 1856, under inspection rights are vested the same statute that in Her Majesty’s Inspectors, required every county and who are Crown appointees borough which had not (section 54(1), Police Act already done so to establish 1996). and maintain a permanent salaried police force (the Statutory County and Borough Police responsibilities Act 1856). Inspection of territorial The 1856 Act authorised police forces in England the appointment of three and Wales Inspectors of Constabulary HMIC has statutory powers in England and Wales, to inspect and can be whose duty it was to commissioned to inspect “inquire into the state as follows: and efficiency of the police” (section 15). It also • HMIC must inspect and introduced the concept of report on the efficiency annual inspection. and effectiveness of every police force maintained The first Chief Inspector for a police area (section of Constabulary was 54(2), Police Act 1996). appointed in 1962, as part of a major package of • The Secretary of State reforms to improve police may at any time require governance and expand the the Inspectors of role of the Inspectorate. Constabulary to carry out The Inspectorate’s role and an inspection of a police influence have evolved over force maintained for the last century and a half. any police area (section Most of its current functions 54(2B), Police Act 1996). are set out in the Police Act • The Home Secretary may 1996 (as amended by the also from time to time Police Reform and Social direct the Inspectors of Responsibility Act 2011 Constabulary to carry and the Policing and Crime out such other duties for Act 2017). the purpose of furthering

108 police efficiency and they police specific areas of STATE OF POLICING effectiveness as she may infrastructure or particular Police Act specify (section 54(3), types of crime. In these Police Act 1996). cases, HMIC’s report • The local policing body is given to whichever for a police area may government body is at any time request responsible for the activity

1996 A b o ut HMIC the Inspectors of in question. Constabulary to carry out HMIC has a duty to inspect an inspection of a police the following: force maintained for the police area in question • Armed Forces Police – (section 54(2BA), Police Royal Navy, Royal Military, Act 1996). Royal Air Force Police (section 321A, Armed Inspection of other police Forces Act 2006 inserted forces and agencies by section 4 of the Armed HMIC also has statutory Forces Act 2011); duties to inspect other police forces and agencies, • British Transport Police whose remits are not (section 63, Railways limited to a particular and Transport Safety territorial area. Instead, Act 2003);

109 STATE OF POLICING • Civil Nuclear • National Crime Agency Constabulary (section 62, (section 11, Crime and Energy Act 2004); Courts Act 2013); and • HM Revenue and • Customs functions Customs (section 27, (section 29, Borders, Commissioners for Citizenship and Immigration Act 2009,

A b o ut HMIC Revenue and Customs and the Customs Act 2005, and the (Inspections by Her Revenue and Customs Majesty’s Inspectors of (Inspections) Regulations Constabulary and the 2005 (SI 2005/1133)); Scottish Inspectors) • Ministry of Defence Police Regulations 2012 (SI (section 4B, Ministry of 2012/2840)). Defence Police Act 1987); The Policing and Crime Act 2017 which received • Police Service of Northern Royal Assent on 31 January Ireland (section 41, 2017 will enhance the Police (Northern Ireland) democratic accountability Act 1998, subject to of police forces and fire appointment by the and rescue services, Department of Justice, improve the efficiency and Northern Ireland); effectiveness of emergency

110 services through closer STATE OF POLICING collaboration, and build public confidence in policing. Provisions have been included in the Act to strengthen powers to inspect fire and rescue A b o ut HMIC services currently contained in the Fire and Rescue Services Act 2004. HMIC was asked to develop options for how it would take on the inspection of © West Midlands Police fire and rescue services. A detailed proposal has been submitted to the Home manner (paragraph 3 of • may draw up a joint Office. This contemplates Schedule 4A to the Police inspection programme a risk-based and Act 1996). with other specified proportionate programme Collaborative working inspectorates (paragraph of inspections focusing on The long history of 5); and the effectiveness, efficiency collaborative working • may give notice to other and leadership of fire between the criminal specified inspectorates and rescue services. We justice inspectorates – of not to carry out an expect Ministers to make Constabulary, the Crown inspection, or not to a decision in 2017 as to Prosecution Service, do so in a specified whether HMIC should be Prisons and the National manner, where HMCIC asked to assume and Probation Service – was considers that such discharge this additional placed on a statutory inspection would impose responsibility. footing through the Police an unreasonable burden Powers in relation to Act 1996 (as amended (paragraph 3). inspections by others by the Police Reform and Where HM Chief Inspector Publication of reports Social Responsibility Act HMIC must arrange for all of Constabulary (HMCIC) 2011). considers that a proposed reports prepared under inspection by another Schedule 4A to the 1996 section 54 of the Police Act specified inspectorate, Act provides that the 1996 to be published in relating to matters within Inspectors of Constabulary: such a manner as appears HMCIC’s remit, would • must cooperate to the Inspectors to be impose an unreasonable with other specified appropriate (section 55(1), burden on the body to be inspectorates where it is Police Act 1996). inspected, he may require appropriate to do so for HMIC must exclude from the other body not to carry the efficient and effective publication anything that out that inspection, or not discharge of their the Inspectors consider to do so in a particular functions (paragraph 4); would be against the

111 STATE OF POLICING interests of national security copy of this report before or might jeopardise the Parliament (section 54(4), safety of any person Police Act 1996). The report (section 55(2), Police Act must include HMCIC’s 1996). assessment of the efficiency HMIC must send a copy and effectiveness of policing of every published report in England and Wales for A b o ut HMIC to the Secretary of State, that year (section 54(4A), the local policing body Police Act 1996). maintaining the police force Production of the HMIC to which the report relates, inspection framework the chief officer for that HMCIC has a duty from police force and the police time to time to prepare, and crime panel for that consult on and publish police area (section 55(3), an inspection framework Police Act 1996). (paragraph 2 of Schedule HMCIC must in each year 4A to the Police Act 1996). submit to the Secretary HMCIC must obtain the of State a report on the approval of the Home carrying out of inspections Secretary to the inspection and (HMCIC) must lay a framework, and then lay

112 this framework before STATE OF POLICING Parliament (paragraphs 2(2A) – (2B) of Schedule 4A to the Police Act 1996). Monitoring complaints It is the duty of every

Inspector of Constabulary, A b o ut HMIC carrying out his functions in relation to a police force, to ensure that he is kept informed about all matters concerning complaints and misconduct in relation to © West Midlands Police that police force (section 15(1), Police Reform Act A super-complaint is super-complaints must 2002). a complaint made to be made first to HMIC, The Policing and Crime Act HMCIC that a feature, or there will be a process – to 2017 contains provisions combination of features, be set out in regulations for the establishment of a of policing in England and – specifying how super- system of super-complaints. Wales by one or more complaints are to be dealt than one police force is, or with and who will deal with appears to be, significantly © Northumbria Police harming the interests of the them. public. The regime will also Misconduct proceedings apply to the National Crime In misconduct proceedings Agency. for chief constables and Only a body designated by other senior officers the Home Secretary may above the rank of chief make a super-complaint. superintendent, HMCIC The Act provides for the or an HMI nominated by Home Secretary to make him will sit on the panel for regulations about which misconduct meetings and bodies may be designated, misconduct hearings (Police and the criteria to be applied in making such (Conduct) Regulations decisions. 2012 (SI 2012/2632), regulation 26). For all chief The Act also makes officer ranks (including chief provision for the involvement of the constables), HMCIC or an College of Policing and HMI nominated by him will the Independent Police sit on any police appeals Complaints Commission in tribunal – Police Act 1996, super-complaints. Although Schedule 6, paragraph 1.

113 STATE OF POLICING A b o ut HMIC

Removal of senior officers commissioner on the If a police and crime dismissal of a chief commissioner is proposing constable (Police Reform to call upon a chief and Social Responsibility constable or other senior Act 2011, Schedule 8, officer to retire or resign, paragraph 15). he is required to invite HMCIC to provide (who HMIC’s powers must then provide) written Amendments made by the views on the proposed Police Reform and Social removal and the police and Responsibility Act 2011 crime commissioner must to the Police Act 1996 have regard to those views have strengthened the (Police Regulations 2003 (SI inspectorate’s role as a 2003/527), regulations 11A policing body independent and 11B). of both the Government The police and crime panel and the police, making may consult HMCIC before it more fully accountable making a recommendation to the public and to to the police and crime Parliament.

114 Access to documents and access to police premises Power to provide STATE OF POLICING premises are created by section 36 assistance to any other The chief officer of police of the Policing and Crime public authority is required to provide Act 2017. HMCIC may, if he thinks Inspectors with information, it appropriate, provide documents, evidence Power to delegate assistance to any other or other things that the functions public authority for the

Inspector may specify An Inspector of purpose of the exercise by A b o ut HMIC as are required for the Constabulary has the power that authority of its functions. purposes of inspection to delegate any of his Such assistance may be (paragraph 6A of Schedule functions to another public provided under such terms 4A to the Police Act 1996). authority (paragraph 1 of (including terms as to The chief officer is also Schedule 4A to the Police payment) as HMCIC sees fit required for the purposes Act 1996). (paragraph 6 of Schedule 4A of inspection to secure to the Police Act 1996). Power to act jointly with access for Inspectors to Staffing another public body premises occupied for the HMIC’s workforce purposes of that force and HMIC can act jointly with comprises the Inspectors of to documents and other another public body where Constabulary, civil servants, things on those premises it is appropriate to do so for police officers and staff (paragraph 6B of Schedule the efficient and effective secondees. In addition 4B to the Police Act 1996). discharge of its functions to these staff, HMIC has Further powers for HMIC (paragraph 5(1) of Schedule a register of associate to obtain information and 4A to the Police Act 1996). inspectors.

115 STATE OF POLICING T he biography for each of the Inspectors of Who we are Constabulary can be Her Majesty’s Chief Inspector found on HMIC’s of Constabulary website: Sir Thomas Winsor

About HMIC www.justiceinspectorates. In October 2012, Sir Thomas was appointed as gov.uk/hmic/about-us/who- Her Majesty’s Chief Inspector of Constabulary. we-are/ He is the first holder of that office to come from a non-policing background.

Her Majesty’s Inspectors of Constabulary Zoë Billingham Zoë Billingham is Her Majesty’s Inspector for the Eastern Region.

Michael Cunningham Michael Cunningham QPM is Her Majesty’s Inspector for the Northern Region.

Matt Parr Matt Parr CB is Her Majesty’s Inspector for the National and London Regions.

Dru Sharpling Dru Sharpling CBE is Her Majesty’s Inspector and also sits on the panel of the Independent Inquiry into Child Sexual Abuse.

Wendy Williams Wendy Williams is Her Majesty’s Inspector for the Wales and Western Region.

116 Independence does STATE OF POLICING Accountability not mean that there is The County and Borough Police Act 1856 provided a lack of accountability for the appointment of the first Inspectors of Constabulary, and required them to inspect and report on the efficiency and effectiveness of most of the police forces in England and Wales. HMIC’s A b o ut HMIC principal role has not changed materially since then, except that its remit now covers the 43 forces in England and Wales, and a number of other forces and agencies, either automatically or on request. Its principal empowering statute is now the Police Act 1996. There are currently six commissioners (and their Inspectors of Constabulary; London equivalents), other they are neither civil agencies in the criminal servants nor police officers. justice system and all They are appointed by the outside parties. However, Crown for a fixed term of independence does not up to five years. HMIC is mean that there is a lack therefore independent of of accountability. HMIC is the police, Government, accountable in the following police and crime ways:

• its statutory duties, • its obligation to give written enforceable through and oral evidence to judicial review or by action Committees of Parliament, for breach of statutory including the Home duty; Affairs Select Committee, • its obligation to submit an the Public Accounts annual report to the Home Committee and any other Secretary under section select committee which 54 of the Police Act 1996; may require HMIC to give each report must be evidence; published and laid before • its obligation to carry out Parliament: section 54(4), other duties as the Home Police Act 1996; Secretary may direct: • its obligation to lay before section 54 (3), Police Act Parliament a copy of each 1996; inspection programme • its obligation to comply and inspection framework: with the rules of Police Act 1996, schedule administrative law and 4A, paragraph 2(2A)(a)); the rules of good public • written Parliamentary administration, enforceable questions; in the High Court by judicial review. 117 STATE OF POLICING As a public body, HMIC is • a concordat with the In addition, HMIC has a also subject to the legal Home Office which statutory duty to co-operate obligations imposed on explains the material with the other criminal public authorities, including: parts of the relationship justice inspectorates, between the two namely those concerned • Official Secrets Acts with the Crown Prosecution 1911 and 1989; organisations. The concordat specifies at Service and the probation A b o ut HMIC • Health and Safety at a high level the role of and prisons services, Work etc. Act 1974; each organisation in and the other named • Data Protection Act relation to the other, inspectorates set out in 1998; and the responsibilities paragraph 4, Schedule of the principal 4A, Police and Justice Act • Human Rights Act 2006. Our obligations with 1998; individuals involved in running, sponsoring regard to joint inspections • Freedom of Information and overseeing HMIC’s are set out in paragraphs Act 2000; affairs. The concordat 2–5 of that schedule • Equality Act 2010. is published on HMIC’s and those inspections website; are reported on earlier in this assessment. HMIC receives funding from • a concordat with the Home Office and is the College of accountable to the Home Policing. As both Office for its expenditure have complementary even though it is neither a purposes and different subsidiary nor a part of the powers by which those Home Office. purposes are to be HMIC has established a achieved, the concordat number of concordats specifies the common with others which set out understanding and the relationship or working intended approach arrangements between of each body in its them. These are: relations with the other in respect of their roles and responsibilities; • a concordat with the College of Policing and the Independent Police Complaints Commission. The concordat specifies the common understanding and intended approach of each body in its relations with the other in respect of their roles and responsibilities.

118 The National and STATE OF POLICING ’HMIC regions London regions responsibilities include: Metropolitan Police Service City of London Police

National Crime Agency A b o ut HMIC British Transport Police Civil Nuclear Constabulary Ministry of Defence Police Armed Forces Police Northern Ireland Guernsey Police Royal Gibraltar Police States of Jersey Police Isle of Man Constabulary HM Revenue and Customs others by invitation.

Northern region Eastern region National and London regions Wales and Western region

119 STATE OF POLICING HMIC purpose, values and objectives Strong, clear values heart of how we operate; provide the foundation for they act as a touchstone to A b o ut HMIC a strong organisation. Our help both individuals and values of respect, honesty, HMIC as a whole to make independence, integrity decisions. and fairness are at the

Demonstrate our alues in eerthing e do

Ensure that our Conduct informed staff hae the independent and sills noledge eidence-based and support to do inspections their jobs esect Honest

Integrit Promoting Indeendence improements in policing to mae eerone safer

eport our Fairness Proide inspection alue for ﬁndings/analsis mone in a clear and compelling a

Wor ith others to promote improements in policing

120 ANNEX C: STATE OF POLICING Peelian Principles

The basic mission for which the police exist is to Pee lian Pr incipl e s 1 prevent crime and disorder.

The ability of the police to perform their duties 2 is dependent upon public approval of police actions. Sir Robert Peel became Home Police must secure the willing co-operation of 3 the public in voluntary observance of the law to Secretary in 1822 and in be able to secure and maintain the respect of the 1829 established the public. first full-time, professional and The degree of co-operation of the public that 4 can be secured diminishes proportionately to the centrally-organised necessity of the use of physical force. police force in England and Wales, for the Police seek and preserve public favour not by pandering to public opinion but by constantly Greater London area. 5 demonstrating absolute impartial service to The reforms were the law. based on a philosophy Police use physical force to the extent necessary that the power of the 6 to secure observance of the law or to restore police comes from the order only when the exercise of persuasion, common consent of advice and warning is found to be insufficient. the public, as opposed Police, at all times, should maintain a relationship to the power of the 7 with the public that gives reality to the historic state. This philosophy tradition that the police are the public and the public is underpinned by nine are the police; the police being only members of the public who are paid to give full-time attention to principles which have duties which are incumbent on every citizen in the shaped HMIC’s interests of community welfare and existence. approach when assessing forces. Police should always direct their action strictly towards their functions and never appear to 8 usurp the powers of the judiciary.

The test of police efficiency is the absence of crime and disorder, not the visible evidence of 9 police action in dealing with it.

121 STATE OF POLICING ANNEX D: % Finances HMIC is funded principally HMIC spends 82 by the Home Office. In percent of its funding F inanc e s 82 of HMIC’s funding is addition, HMIC receives on its workforce, with spent on its workforce funds for inspections the remainder spent commissioned by others on travel, subsistence, (such as the Police Service accommodation and of Northern Ireland). other expenses.

Expenditure breakdown 2015/16

20 1.m 18 82

8 Expenditure in millions Expenditure 6

4 1.8m 8 0.8m 2 0.6m 0.4m 0.3m 4 3 2 1 0 IT and serices telephon Trael and Trael associates subsistence and other costs ffice expenses ffice Accommodation taff costs including taff ures and inspection

122 STATE OF POLICING Staffing HMIC’s workforce comprises the Inspectors of 231 F inanc e s Constabulary, civil servants, members of staff police officers and staff secondees. In addition to these staff, HMIC has a register of associate inspectors.

Staffing breakdown 2015/16

120 113

100

80 5

60 Numbers of staff

40 28

20 10 5

0 staff staff Police Police ixed-term Permanent secondees departments appointments ther goernment

123 ANNEX E: Inspections by force February 2016 to 24 23 March 2017 police forces Territorial of England and Wales and Somerset Avon Bedfordshire Cambridgeshire Cheshire City of London Cleveland Cumbria Derbyshire Devon and Cornwall Dorset Durham Dyfed-Powys Essex Gloucestershire Manchester Greater Gwent Hampshire Hertfordshire Humberside Kent Lancashire Leicestershire Lincolnshire Merseyside Metropolitan Norfolk Northamptonshire Northumbria North Wales North Yorkshire Nottinghamshire South Wales South Yorkshire Staffordshire Suffolk Surrey Sussex Thames Valley Warwickshire Mercia West Midlands West Yorkshire West Wiltshire and agencies Other police forces Force Border Police British Transport Civil Nuclear Constabulary National Crime Agency Police Service of Northern Ireland Royal Gibraltar Police Royal Navy Police Police Royal Air Force Thematic and other reports police forces/agencies Various Non-inspection reports police forces/agencies Various

PEEL: Police effectiveness 2015 (vulnerability) revisit l l l l PEEL: Police effectiveness (vulnerability) – l

PEEL inspections Police Service of Northern Ireland PEEL: Police efficiency – l Police Service of Northern Ireland Best Use of Stop and Search revisits l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l PEEL: Police efficiency 2016 l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l PEEL: Police legitimacy 2016 l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l PEEL: Police leadership 2016 l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l PEEL: Police effectiveness 2016 l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l HMCIC Annual Assessment of Policing in England l and Wales 2016 (State of Policing) HMIs' force assessments l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l Missing children: who cares? – The police response l to missing and absent children Children's voices research report l National Child Protection Inspection l l l l l National Child Protection Inspection Post-Inspection l l l Review National Child Protection Re-Inspection l l The tri-service review of the Joint Emergency l l l l l l l l l l l Services Interoperability Principles (JESIP) Specialistinspections Use of the Police National Computer (PNC) by l non-police organisations Royal Gibraltar Police: An inspection of leadership, l crime management, demand and resources An inspection of the UK International Crime Bureau – l A function of the National Crime Agency An inspection of the National Crime Agency's progress against outstanding recommendations l made by HMIC and areas for improvement Crime data integrity inspection l l l l l l l Public views of policing in England and Wales l

An inspection of the Royal Navy Police in respect l of its investigations Best Use of Stop and Search revisit l l l l l l l l l l l l l Royal Air Force Police – An inspection of the leadership of the Royal Air Force Police in relation l to its investigations ‘Time to listen' – a joined up response to child sexual l l l l l l exploitation and missing children

An inspection of HMRC's case selection processes l for criminal and civil investigation of tax evasion

inspections Joint inspection of police custody l l l l l l l l l l l l l l l

Joint Joint targeted area inspection of the multi-agency l l l l l l l l l response to abuse and neglect Joint inspection of youth offending work l l l l l l

Delivering justice in a digital age l l l l l l

124 police forces Territorial of England and Wales and Somerset Avon Bedfordshire Cambridgeshire Cheshire City of London Cleveland Cumbria Derbyshire Devon and Cornwall Dorset Durham Dyfed-Powys Essex Gloucestershire Manchester Greater Gwent Hampshire Hertfordshire Humberside Kent Lancashire Leicestershire Lincolnshire Merseyside Metropolitan Norfolk Northamptonshire Northumbria North Wales North Yorkshire Nottinghamshire South Wales South Yorkshire Staffordshire Suffolk Surrey Sussex Thames Valley Warwickshire Mercia West Midlands West Yorkshire West Wiltshire and agencies Other police forces Force Border Police British Transport Civil Nuclear Constabulary National Crime Agency Police Service of Northern Ireland Royal Gibraltar Police Royal Navy Police Police Royal Air Force Thematic and other reports police forces/agencies Various Non-inspection reports police forces/agencies Various

PEEL: Police effectiveness 2015 (vulnerability) revisit l l l l PEEL: Police effectiveness (vulnerability) – l

An inspection of HMRC's case selection processes l for criminal and civil investigation of tax evasion inspections Joint inspection of police custody l l l l l l l l l l l l l l l

Joint Joint targeted area inspection of the multi-agency l l l l l l l l l response to abuse and neglect Joint inspection of youth offending work l l l l l l

Delivering justice in a digital age l l l l l l

125 Promoting improvements in policing to make everyone safer

Her Majesty’s Inspectorate of Constabulary (HMIC) independently assesses police forces and policing across activity from neighbourhood teams to serious crime and the fight against terrorism – in the public interest. In preparing our reports, we ask the questions which citizens would ask, and publish the answers in accessible form, using our expertise to interpret the evidence. We provide authoritative information to allow the public to compare the performance of their force against others, and our evidence is used to bring about improvements in the service to the public. Promoting improvements in policing to make everyone safer

Her Majesty’s Inspectorate of Constabulary 6th floor Globe House 89 Eccleston Square London SW1V 1PN www.justiceinspectorates.gov.uk/hmic/