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Crime Recording and Finalisation
Contents
Policy Statement ...... 2 Principles ...... 2 Recording Victim Based Offences ...... 4 Recording With Victim Confirmation ...... 4 Recording Without Victim Confirmation ...... 5 Principles of Crime Recording ...... 7 Recording Specific Types of Crime ...... 9 Recording Hate Incidents and Crimes ...... 12 Recording State Based Offences ...... 13 Recording Public Order Act Offences ...... 13 Reasonable Enquiries to Ascertain if a Victim or State Based Crime has Occurred ...... 14 Force Covert Operations ...... 14 Flags ...... 15 Reclassification or Cancellation of a Crime ...... 18 Responsibilities ...... 19 Deputy Chief Constable (DCC) ...... 19 Force Crime Registrar (FCR) ...... 19 Designated Decision Maker (DDM) ...... 20 Force Crime Management Unit (FCMU) ...... 21 Police Officers and Police Staff ...... 22 Customer Contact Centre (CCC) ...... 23 District Safeguarding Units ...... 24 Intelligence Hubs ...... 25 Abusive Images Assessment Hub (AIAH) ...... 25 Appointed Representatives of Recorded Crime Outcomes ...... 26 Schools ...... 27 Transferring Crimes and N100 To/From Other Forces ...... 28 Audits and Inspection ...... 29 Additional Information ...... 30
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Policy Statement
Summary In line with our victim‐focused approach, West Yorkshire Police is committed to the accurate and ethical recording of crime and, when recording crimes, will comply with the: National Crime Recording Standard (NCRS); Home Office Counting Rules (HOCR); The Code of Ethics; and APP on Information Management
This policy aims to deliver Crime Data Integrity for our Victims and the communities of West Yorkshire. The General Principles set out a standard which directs a victim focused approach to crime recording. The intention is that victims are believed and benefit from statutory entitlements under the Victim Code of Practice (VCOPS). Victims need to have confidence that when a crime is reported they will be believed and where the Crime Recording Decision Making Process (CRDMP) establishes that a crime has been committed then recording will take place. The public also need to have confidence that the crime statistics produced can be trusted and are accurate.
The Code of Ethics explicitly states that complying with the NCRS, which is central to the HOCR for Recorded Crime, is an example of meeting the standards.
Scope This policy applies to all police officers and police staff.
Principles
General In complying with the NCRS basic principles must be adhered to: The police must register an incident report or non‐crime niche occurrence for all reports of incidents, whether from victims, witnesses or third parties and whether crime related or not, unless detailed otherwise within this policy. An incident is recorded as a crime (notifiable offence) by the creation of an occurrence and adding of a stats classification if, on the balance of probability, the circumstances as reported amount to a crime defined by law and there is no credible evidence to the contrary. Non notifiable crimes do not require an occurrence unless an offender is apprehended or the incident forms part of a problem solving initiative or is of high intelligence value. In these circumstances an occurrence will be created, but there is no requirement for a stats classification.
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Once recorded, a crime remains so unless there is additional verifiable information to determine beyond doubt that no crime occurred.
Victim Focus The standard directs a victim focused approach to crime recording based on a belief by the victim or by a person reasonably assumed to be acting on behalf of the victim that a crime has occurred is usually sufficient to justify its recording.
When to Record Where the information obtained at the first point of contact satisfies the a Crime CRDMP, the expectation is that identified crimes will be recorded immediately at that time without delay or if not at that time within 24 hours. The expectation is that the CRDMP will be made on the basis of the available first contact information. All reports subject to delayed recording must contain NCRS compliant rationale and be brought to the attention of the FCR so they can have appropriate oversight. This expectation is continuous and throughout an investigation. Additional victims or crimes may come to the attention ofe th officer in the case or lead investigator during an investigation and they should be recorded at the point when they are identified and not at the end of the investigation. Reports received through partnership arrangements or by specialist units must be recorded on the Force crime system at the first opportunity at the point of referral and must not be delayed to allow for further investigation. The CRDMP oversight must be independent of operational or performance line management. A complaint should be considered as made at the first point of contact. Once the Evidence indicates that information obtained by the police at the point of first contact (from all channels/routes) this will usually be sufficient to meet the ‘balance of probability’. Where CRDMP has established a crime has been committed, then recording must take place and must not be routinely delayed to facilitate deployment of resources or to enable further investigation. If during the CRDMP there is credible evidence to the contrary immediately available, then this supporting rationale must be endorsed on the Force crime system and or recording system and the reporting person informed of the decision not to record. Each report and the person making that report should be judged on its own merits on a case by case basis and not prejudiced by previous reports or the character of an individual. The Force recognises that there may be instances where an individual regularly makes false reports to the Police or where a victim or individual will report the same incident on multiple occasions. Extreme care must be taken in these circumstances and each and every report made must be assessed and judged on its own merits on a case by case basis at that time.
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Districts and departments may collate or seek evidence to support a package or marker, which may be attached to an individual and methods of communication that individual may utilise, to make such reports to assist the CRDMP in the event of future incident and crime recording. Such packages must however be first scrutinised and authorised by an officer of a rank no less than Chief Inspector within the District or department. The FCR must also be informed of any such package and the circumstances. The package should comprise of for instance confirmation of diagnosis of a medical condition which might impact upon an individual’s ability to make a report or perhaps details of a previously recorded crime which the victim continuously reports. Employees are encouraged to report any concerns regarding inaccurate crime recording or non‐compliance to the Crime Registrar mailbox or via the anonymous messenger facility.
Recording Victim Based Offences
Introduction NCRS promotes a victim focused approach to crime recording. The intention is that victims are believed and able to benefit from their statutory entitlements under the Code of Practice for Victims of Crime (VCOPs). The standard ensures consistency, putting the needs of the victims at its core.
Recording With Victim Confirmation
When to Record An incident will be recorded as a crime (notifiable offence) for victim related offences, if on the balance of probabilities, the circumstances of the victim’s report amount to a crime as defined by law, or there is a belief by the victim, or person reasonably assumed to be acting on behalf of the victim. Once recorded, a crime will remain recorded unless Additional Verifiable Information (AVI) is found and documented. In cases of Unwilling victims: Where apparent criminal activity comes to the attention of the police, and: The victim confirms that a crime has taken place, but declines to support an investigation or prosecution; or The victim does not confirm that a crime has taken place but a victim based offence has clearly been committed; a crime must still be recorded. In cases of the Offender aged less than ten years: All reports of crimes made where the offender, age known or otherwise, is under the age of ten must be recorded as a crime. It is the matter for Chief Officers to decide the extent to which any such report is investigated.
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In cases of the offender suffering with mental capacity: All reports of crime made where the offender lacks the mental capacity to form the necessary criminal intent (the ‘Mens Rea’) must be recorded by the police. It is the matter for Chief Officers to decide the extent to which any such report is investigated. In cases of the offender suffering from Drunkenness or impairment: The fact that a person is drunk or otherwise impaired might have a bearing on the balance of probability issues within the Crime Recording Decision Making Process (CRDMP). As a minimum an incident must be recorded and followed up when the person is in a fit state. However, if at the time of reporting supporting evidence shows on the balance of probability the crime happened then it must be recorded, regardless of the victim’s condition – the presumption is that victim reports should be believed.
Recording Without Victim Confirmation
Introduction The concept of ‘no victim‐ no crime’ is a guiding principle for ‘victim based crimes’, the following are occasions where recording without victim confirmation is required.
Police Decide If during the CRDMP there is clear evidence or significant grounds to show Recording is that a victim based crime has been committed; it must be recorded even Appropriate/ when the victim has declined to confirm or cannot be found if it is either Necessary necessary or appropriate to record that crime. Circumstances where it is deemed necessary or appropriate may include, but is not restricted to, high risk or high intelligence value, where there is public interest or where a victim needs to be safeguarded for their own protection. The ‘no victim no crime’ principle must not be used as a reason for failing to record an identified notifiable crime. All reasonable enquiries must be conducted to try and trace the victim. It must be noted that there are occasions where individuals may fail to recognise that they are victims in relation to some crimes such as domestic abuse or fraud. There is no requirement to record a crime where an individual reports in the belief they are a victim, but specific counting rule guidance identifies that the actual victim (or loser) is another party e.g. a financial institution. Appropriate advice must be given and referrals made to the initial caller to ensure the right service delivery. The reason for recording without victim confirmation must be explained within the crime record, and be the subject of appropriate supervisory review and FCR quality assurance oversight. Following a sudden or unexplained death, no homicide crime will be recorded without the authority of the duty senior investigating officer,
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who should be contacted immediately. The SIO should consult the FCR or deputy FCR to assist in the CRDMP if required. The principle of recording and then investigating and not investigating to record remains vitally important.
Parents, Carers Crimes are often reported by individuals acting on behalf of victims, and and commonly such reports include the following: Professional Persons acting in a ‘professional capacity’ e.g. paramedics, ambulance ‘Third’ Party service, doctors, nurses, social workers and teachers reporting crimes, Reports and (often of a safeguarding nature), on behalf of victims of any age; Other Third Parties Acting Parents or carers acting as a guardian or responsible adult, reporting on Behalf of the crime in the best interests of and/or to ensure that a child or young Victim person has appropriate access to police services; and Persons who are a third party but have been specifically asked to report a crime on behalf of a victim and are not reporting based on rumour speculation or belief. When such persons reports crimes and there has been no broken chain between the victim, professional third party and the Police they should always be regarded as acting on behalf of a victim. This is as if the Police were actually speaking to the victim themselves. Where there is no doubt as to their status and/or position or the veracity of their report, the reports must be recorded as crimes unless there is a sound rationale not to do so. Where reports made by a parent, carer acting as a guardian or responsible adult and professional third parties, recording must occur regardless of whether the victim has given their permission for the reporting individual to speak to the police. Also irrespective of whether the victim subsequently confirms that a crime has been committed.
Other ‘Third’ A reasonably credible third party may report circumstances which amount Party Reports to a crime which the victim has directly disclosed to them, but not asked them to report this to the Police. In these circumstances it may be necessary or appropriate to record a crime. Where a third party reports a crime that they believe has been committed based upon personal belief, rumour or speculation and have not been directly told by the victim that a crime has occurred; then a crime will not be recorded. Any circumstances reported giving rise to cause concern for safety must however be captured in an incident and active enquiries made to locate the potential victim.
Police Access to If a Police officer or member of staff is viewing third party material Third Party and gathered by a statutory or non‐statutory partner organisation as part of Partner Agency their work and identify incidents which on the balance of probabilities Databases
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would constitute a criminal offence defined by law, it will not routinely be deemed to have been formally notified to the Police or classed as a professional third party report. Consequently, there is no duty to record a notifiable crime in these circumstances unless there is an appropriate and necessary reason .to do so • The appropriate and necessary test would for instance include where an element of high risk to individual was present and action was required to safeguard a vulnerable victim. Similarly if public interest existed to safeguard future victims by taking action in respect of the named offender. • In these circumstances, officers and staff must refer to the Police Decide Recording is Appropriate/Necessary section of this policy.
Principles of Crime Recording
General One crime per victim is the general rule of crimes that relate to specific intended or identifiable victims. There are exceptions: Vehicle crimes are counted in terms of numbers of registered owners’ vehicles, which may not coincide with numbers of vehicles. The victim of a burglary in a dwelling is the household targeted or in a business is the building targeted, rather than an individual owners of property. Modern Slavery, Harassment and Stalking, Controlling and Coercive behaviour offences in all cases should be recorded in addition to the most serious additional victim based offence involving the same victim/offender relationship. However, if the circumstances involve Modern Slavery, as well as a Stalking/Harassment or Controlling & Coercive Behaviour and within the pattern of behaviour is also a principal crime, for example a Rape, then applying the specific rules for behavioural crime and Modern Slavery dictates that three crimes must be recorded. If there is no specific intended victim of crime, or if the crime is victimless, then one crime must be counted for each ‘offender or group of offenders’. If a person is a victim of more than one crime, count the offences separately if there is evidence that the offender or offenders have acted independently. This can be viewed as the ‘offender/victim relationships’. In most cases any repeat crimes are likely to be carried out either by the original offender or by someone in league with the original offenders. However, if a completely independent person commits a second crime, then this constitutes a second offender/victim relationship and so must be counted separately.
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Finished The Finished incident rule is an incident comprising a sequence of crimes Incident Rule between the same offender (or group of offenders) and the same victim and should be counted as one crime if reported to the police all at once. If the behaviour of the offender resumes, after it comes to the police’s attention, then further crimes are recorded whenever they come to the police’s notice. There are exceptions to this rule where the originally recorded crime will continue to be utilised until the offender has received a positive disposal of either a conditional caution or a charge/report for summons to court specifically for: Harassment; Stalking; Coercive and Controlling Behaviour; and Modern Slavery.
Principal Crime The Principal crime rule is a sequence of crimes in an incident, or a complex Rule crime, which contains more than one type of crime, that you then count the most serious crime. However, if the circumstances involve Modern Slavery, as well as a Stalking/Harassment or Controlling & Coercive Behaviour and within the pattern of behaviour is also a principal crime, for example a Rape, then applying the specific rules for behavioural crime and Modern Slavery dictates that three crimes must be recorded. Details of this can be found in the ‘Principal crime look‐up table’ within HOCR. The principal crime rule would not normally be applied to victimless crimes. If there are two or more victimless crimes, then they must be counted separately, providing that they are distinct in nature (e.g. different crime classifications). It follows that the victimless crime is counted in addition to the one with a victim. STALKING (CLASSIFICATION 8Q) HARASSMENT (CLASSIFICATION 8L) CONTROLLING AND COERCIVE BEHAVIOUR (CLASSIFICATION 105A– 8/67) Where there is a course of conduct amounting to either stalking or harassment or controlling and coercive behaviour the relevant course of conduct crime (stalking or harassment or controlling and coercive behaviour) should be recorded in addition to the most serious additional notifiable crime reported at the same time (per victim‐offender relationship). Where there is a course of conduct that involves a combination of 8Q, 8L or 105A 8/67 offences between the same victim and offender then only the most serious offence needs to be recorded.
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Recording Specific Types of Crime
Rape Crimes or All reported incidents of rape or attempted rape are to be recorded on the N100 Reports of Force crime system in accordance with the following provisions: Rape 1. Either a full crime is recorded at the first point of contact, via the victim, professional third party or person reasonably believed to be acting on their behalf; or 2. An N100 report of rape (or attempted rape) is recorded on the Force crime system, putting the N100 in the stats class field. This will be sent to the relevant district and either a crime recording decision or finalisation will be completed within 24 hours. Districts should utilise the district daily management meeting process to ensure compliance. If the incident reported has taken place outside of the Force area, then an N100 report will be utilised. District must ensure that they take action to transfer the report to the relevant Force. The N100 must be endorsed with a crime reference number from that Force. A storm reference number or details of an officer receiving the report are insufficient. In the event the relevant Force declines to record a crime, the crime related incident reference number and reason for refusal must be endorsed on the N100. Finally, this Force will record a crime of rape if the report is still in the process of being transferred by the end of the same calendar month it was reported to ensure compliance with the HOCR. If any corrective activity of N100 by the Office of the Force Crime Registrar (OFCR) at 48hours takes place, a crime will be recorded for out of Force crimes at this point and the OEL endorsed accordingly. When a crime of rape is recorded in this Force for an out of Force crime, the OEL should be endorsed with an entry indicating this his crime occurred in another force area and that it has been recorded as a full crime until the point where it may be cancelled. Once the corresponding crime number from the relevant Force has been obtained, it should be entered on the OEL. Written confirmation should also be endorsed on the OEL that the victim has been informed of the transfer. A task should then be submitted to the FCMU finalisation team. Unless already recorded as a crime of rape (or attempted rape) every report of a rape, suspected or possible rape must be taken at face value and recorded on the Force recording system under this classification, irrespective of the source of the report. This includes reports made by third parties, through partnership working or from other agencies. The reported incident of rape will be in addition to any other force record, e.g. command and control system or any other system or similar public protection arrangements. The expectation is that once a reported incident of rape is confirmed to be a notifiable crime it will be reclassified as such via the FCMU at the earliest opportunity and without any delay. Once recorded and classified a reported incident of rape will remain recorded as such unless or until it is reclassified as a confirmed crime of
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rape or as any other notifiable crime. Such reclassification must take place via the FCMU as soon as the reporting officer is satisfied that it is more likely than not that a notifiable crime has been committed. Where the reported rape is recorded as a notifiable crime other than rape, the force crime recording system must contain sufficient information to justify why a rape was not recorded, and to clearly show that the HOCR classification has been correctly applied. The reported incident of rape must be recorded under this classification at the first opportunity. This is usually expected to be by the person receiving that initial report including call handlers, crime bureau and specialist units. In cases where the reported incident of rape cannot be confirmed, by the victim, or where credible evidence to the contrary exists, or the offence was committed in another police force area/outside the UK, then the incident will be amended to N100/1, N100/2 and N100/3 by the OFCR, within 24 hours. In cases of N100/1, once, the officer has confirmation from the victim; this can be tasked to FCMU for classification to a notifiable offence. A report of rape received from a third party (including reports from SARC’s) must be recorded as reported incident of rape (classification N100). Whereby the victim does not seek police investigation but is happy for some depersonalised data to be passed to the police, or where the victim wishes to remain anonymous and does not want details of the allegation passed to the police, or the victim undergoes a forensic examination and samples are frozen.
• Please also refer to the Transferring Crimes and N100 To/From Other Forces section within this policy when recording crimes of this type.
Sexual There is a National agreement for the investigation to reside in the Force Communication area where the suspect resides to take primacy. and Grooming If a suspect resides in one Force area, engages in communication with child of a Child over who resides in another Force area, then invites and travels to meet that the Internet child in the other Force area; then the meeting will be deemed as being the Including Online CSE Activists most recent principal crime and the Force where the meeting takes place and Online should record the crime. Undercover If primacy of the investigation is to be had by the force where the suspect Operations lives, then that Force will be able to record an out of force crime, with an out of Force BCU identifier, which would facilitate all aspect of the investigation without double counting. When an online CSE activist operation otherwise referred to as a “Paedophile hunter” or “vigilante” is brought to the attention of WYP, this Force will record a crime if on the balance of probability, the matter reported is as a result of a criminal offence unless that activist had already reported the matter to another Police Force. In those circumstances it is the first Police Force which the activist first reported the matter to which
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has the initial responsibility to record the crime identified. As the activists are not a victim they should be recorded as witnesses on the recorded crime and there is no named victim. If during the online undercover work, a non‐identified person engages in sexual communication with an undercover operator, ea crim will be recorded in the Force area where the undercover officer was operating. In these circumstances the victim will be recorded as unknown, for instance unknown female 13 years. Similarly, if during the online undercover work, a non‐identified person comments that they have sexually assaulted a child, a crime will be recorded in the Force area where the undercover officer was operating despite having no victim confirmation. If, however the unidentified person comments that they have raped or attempted to rape a child, an N100 will be immediately recorded and tasked to the FCMU for allocation to the relevant district. If the exact location of an offender at the time the crime was committed cannot be ascertained, then it shall be deemed to be where they were residing at the time of the offence committed. The crime should be transferred to the relevant Force in the interests of an expedient investigation.
Reports from Female Genital Mutilation (FGM) is illegal in England and Wales under the Regulated FGM Act 2003 and comprises all procedures involving partial or total Professionals – removal of the external female genitalia for non‐medical reasons. Female Genital A duty created by section 5B of the 2003 Act, requires regulated Mutilation professionals to make a report to the police where, in the course of their professional duties, they are either informed by a girl under 18: That an act of FGM has been carried out on her; or Observe physical signs which appear to show that an act of FGM has been carried out and have no reason to believe that the act was necessary for the girl’s physical or mental health or for purposes connected with labour or birth. In these circumstances a crime will be recorded irrespective of whether the crime took place outside of the UK. The duty to the report to the police does not apply in relation to at risk or suspected cases or in cases where the woman is or was over 18 at the time the FGM is believed to have occurred. The duty does not apply in cases where a female aged over 18 is believed to have suffered FGM when they were a child. In these cases, professionals should follow local safeguarding procedures but no crime will be recorded.
Reports of Offences of Modern Slavery/Human trafficking which have been Modern Slavery committed outside of England and Wales, but are reported by a victim or Human directly or indirectly or by any professional third party to the police will be Trafficking and recorded as a N200/04 crime. Female Genital NOT PROTECTIVELY MARKED Crime Recording and Finalisation Page 11 of 31 NOT PROTECTIVELY MARKED
Mutilation Offences of modern slavery outside of WYP but inside England and Wales Outside of the may be recorded as an N200/06 if the relevant police force within England UK and Wales accepts immediate responsibility for the crime and provides a crime reference number. If there is any delay or ambiguity WYP will record the ecrim in the first instance and then transfer accordingly. Reports of FGM that have occurred entirely outside of the UK will still be recorded as an out of force crime. The crime reference number will be used, any National Referral mechanism in place and a point of reference that a victim is residing in our force area will be recorded. The crime recording is also a way to capture any enquiries conducted and serves as a way of highlighting an individual as a victim of such offences where future high risk reports may come to light involving that victim or their family members in order for them to be safeguarded appropriately. This is a victim focused approach. Similarly if the police receive notification from the central competent authority of a referral made to them by another agency or third party regarding Modern Slavery, then where a positive reasonable grounds decision has been made by that authority, a crime will be recorded.
Recording Hate Incidents and Crimes
Perception The recording of hate incidents and crimes will be based on a victim Based focused approach and there will be no specific requirement to evidence Recording hate at the time of commission of the offence or reporting. Offences of this nature may be discovered by the police but may equally be brought to our attention by members of the public. Regardless of how the police are made aware of the offence the decision to record the incident or crime will be based on the perception of anyone who may deem that it was motivated by hate. This may include but not exclusive to the perception from a victim or members of the public, third party professionals, local communities, police officers and staff who do not need to have witnessed the behaviour. Offences committed against sex workers will be recorded as hate crimes. There are also other hate strands relating to lifestyle choices such as goth and punk rockers, hunters that should also be identified as hate crime. Hate crimes and incidents which have taken place inside any school or educational premises and are brought to the attention of a police officer or member of police staff, including when that officer or member of staff is working in the school will be recorded as a hate incident or crime on the police crime recording system Niche as a non‐crime or crime occurrence. Where an offence of Harassment, Stalking, Controlling and Coercive behaviour or Modern Slavery is being recorded in addition to the principal substantive offence, crimes should be recorded as hate crimes and linked accordingly.
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Police officers and staff are also encouraged to think about internal hate crime committed by members of the public towards them during the execution of duty.
Recording State Based Offences
Evidence Based Offences against the state are where the offence is made out Recording notwithstanding the fact that the crime in question is not directed toward a specific intended victim. Where a crime type is alleged which is designated as “state based” by the HOCR, a crime need only be recorded once all of the elements necessary for the crime are established. Offences of this nature may be discovered by the police but may equally be brought to our attention by members of the public. Regardless of how the police are made aware of the offence, the decision to record thee crim will be based on the evidence available. This will include the evidence of members of the public, third party professionals, and police officers who have witnessed behaviour; as well as physical evidence such as the discovery of a Cannabis Factory in a disused premise. The fact that an offender is found in possession of controlled drugs won’t amount to a notifiable crime if it cannot be established that the person’s possession is unlawful, i.e. he/she was ignorant of the nature of the substance. A person found unwittingly in possession of a banknote stained with cocaine isn’t criminally liable therefore a crime need not be recorded. Reports from expert witnesses themselves which determine the points to prove for a state based crime will be sufficient to require the crime recording i.e. advanced driving instructor reporting dangerous driving or trained firearms expert regarding the sound made or mark left by a particular weapon.
Recording Public Order Act Offences
Principles Where police arrive at a scene and witness disorder, they will deal with the matter appropriately and where notifiable offences are apparent record a crime in line with the NCRS. With the exception of offences contrary to Sections 4 and 4a, which are victim based, the offences covered by the Public Order Act 1986 (POA) fall within the Offences against the State category. In the majority of cases the behaviour supporting the contravention of the Act will be directly witnessed by persons of reasonable firmness present at the scene and excluding CCTV operators who are adversely affected by the
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behaviour. The evidence provided by such witnesses must always be fully considered when assessing evidence for crime recording purposes. Where witnesses provide clear evidence that they were alarmed, harassed, distressed, threatened or given cause to fear for their personal safety etc. the circumstances will normally amount to a crime being recorded; unless another essential element of the offence is missing. Alternatively, where there is no direct evidence from witnesses to support a breach of the POA a crime need not be recorded unless there is other reliable and admissible evidence to prove a breach of the Act. In public order incidents, reasonable enquiries should be undertaken, where appropriate, to identify specific victims and secure any supporting evidence which would enable further police action in terms of arrest or summons. Where enquiries fail to identify any victim, the crime related incident or non‐crime occurrence record should be closed as Anti‐social behaviour in accordance with the provisions of the NSIR.
Reasonable Enquiries to Ascertain if a Victim or State Based Crime has Occurred
Reasonable In all cases where criminal activity is apparent i.e. suspected damage to Enquiries property is reported by a witness or found by police but a crime is not initially recorded. In keeping with NCRS principles the police would be expected to carry out reasonable enquiries to confirm whether a crime has been committed through seeking information: On the balance of probability; From the victim; From a person reasonably assumed to be acting on behalf of the victim or in the victim’s best interests; From witnesses; or Via other supporting evidence. Where this cannot be confirmed, the incident report must be endorsed with the enquiries made and the reason why a crime was not recorded.
Force Covert Operations
Force Covert It is recognised that during the course of investigations into serious and Operations, organised crime, a range of covert tactics and intelligence collection means Serious are utilised. In the covert phase of operations these need to be protected. Organised Therefore, an exception to recording crime prior to investigation will be Crime Units, granted for this type of criminal investigation in order to maintain Regional Organised operational security, minimise the risk of compromise and to protect
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Crime Unit covert methodologies. This may for instance include covert operations including involving: Undercover On‐ Undercover and undercover online assets; line Unit and Test purchasing; and Regional Proactive undercover cyber operations including undercover online Confidential police operative such as grooming of children over the internet cases. Unit On conclusion of the covert phase of the operation, the lead investigator and if applicable the lead investigator and/or SIO should review all available material to ensure that all known crimes revealed during the course of the investigation are recorded in line with NCRS. Where compliance is not possible due to the complexity, or possible compromise, of the investigation all crimes arising from the investigation should be recorded within the above timescales, immediately following the conclusion of the investigation. The OFCR can appoint SPOC’s at the start of an operation who may be contacted at the conclusion of the covert phase to assist the lead investigator and/or SIO in ensuring compliance. For complex operations or operations that cover more than one force area, the authorising officer should liaise with their FCR to ensure all crimes are recorded correctly applying the HOCR general principles. For Regional Crime Teams a local agreement should be used to identify the responsible FCR in each case. Where one Forces’ undercover operation work identifies a suspect active in another Forces area, they should be passed via their regional confidential unit and if the matter involves indecent imagery of children, disseminated to that Forces equivalent of the Abusive Images Assessment Hub (AIAH) and recorded there upon receipt. If during the online undercover work, a non‐identified person engages in sexual communication with an undercover operator, a crime will be recorded in the Force area where the undercover Police operative was based. Similarly, if during the online undercover work, a non‐identified person comments that they have sexually assaulted a child, a crime will be recorded in the Force area where the undercover Police operative was based despite having no victim confirmation. If however the unidentified person comments that they have raped or attempted to rape a child, an N100 will be immediately recorded and tasked to the FCMU for allocation to the relevant district.
Flags
Introduction In all the following cases a flag must be appended to a recorded crime:
Hate Crime Any offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person’s race or perceived race; religion or perceived religion; sexual orientation or perceived sexual
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orientation; disability or perceived disability; transgender or perceived to be transgender. Multiple aggravating factors may be recorded against an individual offence, (for example both race and religion/belief may be recorded against a single offence). Where the religion flag has been applied, one of the following flags should also be applied to capture the religion (or belief or faith) of the victim: Christian; Buddhist; Hindu; Jewish; Muslim; Sikh; Other; No religion; Unknown. These are shown within the ‘Hate crime box’ situated in the Stats class Misc. field. Where an offence of Harassment, Stalking, Controlling and Coercive behaviour or Modern Slavery is being recorded in addition to the principal substantive offence crimes should be recorded as hate crimes and linked accordingly.
Metal Theft Offences should be flagged if there is a belief that the intent for committing the offence was to remove the item for its scrap metal value, rather than the acquiring of the item. Offences of attempted metal theft should also be flagged. Only one of the following flags dshoul be used: Metal Theft (infrastructure related), this is used where the removal of the metal has the direct impact on the functioning and or fabric of a building or machinery, this includes metals connected to live services, water, heating etc. or railway cabling and roofing lead, a catalytic converter removed from a vehicle and manhole covers. Metal theft (Non‐infrastructure) this is used when the metal taken has no impact on the functioning of infrastructure and/or fabric of a building or machinery. This includes redundant metal, war memorial plaques and metal gates/fencing. Both these flags sit within the Stat Classification field itself and requires the stats page to be ‘replicate stats’ to allow a second page in order for this to be identified. The flagged page should also be shown to have a tick within the superseded box.
Domestic Abuse Any incident or pattern of incidents of controlling, coercive or threatening and in addition behaviour, violence or abuse between those aged 16 or over who are or Repeat Victim have been intimate partners of family members regardless of gender or of Domestic sexuality. Abuse Cases This abuse encompasses, but not limited to; psychological, physical, sexual, financial and emotional abuse. This flag sits with the ‘Hate crime box’ situated in the Stats class Misc. field.
On‐line Flag An offence where the reporting officer believes that on the balance of (CYBER) probability, the offence was committed, in full or in part, through a
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computer network or other computer enabled device. i.e. offences that are online‐enabled, internet and digital communication through technology are being used to commit these types of offences.
Inclusion Online The flag should be applied to the relevant offence category at the crime (CYBER) recording stage as detailed as sending or receiving emails, use of social media or networking sites such as Facebook, Twitter, LinkedIn, Flickr etc., This also includes online dating sites (Match.com, E‐Harmony) and other online chat rooms. The use of internet forums, blogs or websites. Online auction or retail sites (EBay, Gumtree). Communication via online video networks (Xbox, PlayStation) or communication platforms such as Skype, FaceTime, WhatsApp or Viber. Offences should be flagged where a computer, computer network or other computer‐enabled devices were sued to commit a crime, these include; desktop computers or laptops, in the home or workplace, smartphones, tablets and other telecommunications devices linked to computer networks, any other identifiable computer system or network that produces, processes and transmits data which may also include internal intranets (e.g. staff payment transfers). Further examples of online (CYBER) flags include: threatening messages over Facebook, Twitter, email, sending indecent images, and requests for the same, goods being sold online identified as stolen, downloading of IIOC onto hard drive, selling illegal drugs or weapons online, using social media to organise riots or cause disorder and harassment offences by ex‐partners online.
Exclusion Online These offences should not be flagged as on line (CYBER). (CYBER) Offences include crimes already recorded by Action fraud or the National Fraud Intelligence Bureau, crime only involved a phone network to make phone calls, or send/receive text messages, rather than internet network. Also if a computer has been used to make or design fraudulent items such as fake gift or shopping vouchers, offences involving theft of computers or other internet‐enabled devices. Crime committed using a machine but the intention was not to interact with the computer (e.g. theft from ATM or self‐service tills). These flags sit within the Stat Classification field itself and requires the stats page to be ‘replicate stats’ to allow a second page in order for this to be identified. The flagged page should also be shown to have a tick within the superseded box. Offences which fall to Action Fraud for recording DO NOT need to be flagged using the online flag.
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Alcohol Related Any notifiable offence (crime) where it is perceived, by the victim or any Crime other person, that the effects of the alcohol consumption on the offender or victim was an aggravating factor and is associated with the offence. This flag sits under the Stats class misc. field, within the ‘Substance used by offenders’.
Child Sexual Where CSE is a subset of CSA, all offences flagged as being related to CSE Exploitation should also be flagged as CSA (but not all offences flagged as relating to (CSE) CSA will be flagged as CSE). The CSE flag is required as CSE is not defined in law as a separate offence. This flag sits within the ‘Hate crime box’ situated in the Stats class Misc. field.
Other Types of Honour based flag is abuse or incident involving violence, threat of Reported Flags violence, intimidation, coercion or abuse (including psychological, physical, sexual or emotional abuse) which has or may have been committed to protect or defend the honour, family and or community for alleged or perceived breaches of the same. It includes but not limited to, crimes of forced marriage and female genital mutilation. If a forced marriage or FGM offence is recorded this should always be marked with an HBA Flag. There are also other types of reported flags which WYP monitor, outside of the Home Office, these include: Age related, Adult at Risk, Child Protection, Gender, Heterophobic, Refugee, Migrant worker, Irish traveller, Asylum Seeker, Human Trafficking/Slavery and police officer. All of these can be flagged within the ‘Hate crime box’ situated in the Stats class Misc. field.
Reclassification or Cancellation of a Crime
Reclassification If further substantive information comes to light after a crime is recorded, or Cancellation it may be reclassified or cancelled in certain circumstances by the FCR or of a Crime their authorised representative. Authorised representatives currently work within the FCMU and OFCR. No other individual employed by West Yorkshire must reclassify or cancel a crime. The act of overtyping a stats classification is deemed to be reclassification and should not be undertaken. This gives rise to a lack of audit scrutiny. An accredited FCR or D/FCR may only reclassify or cancel a homicide, attempted homicide, rape or attempt rape offence. The FCR will be the final arbiter in any dispute.
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Responsibilities Deputy Chief Constable (DCC)
Responsibilities The DCC is the Senior Information Risk Owner (SIRO) and is responsible for: Holding the Crime Data Integrity portfolio; and Ensuring the Force records crimes accurately and ethically.
Force Crime Registrar (FCR)
Responsibilities The FCR is responsible for: Ensuring NCRS and HOCR standards are applied consistently within Force; Final arbitration for the audit process, the interpretation of the counting rules and assigning outcomes; Producing an annual audit plan; Holding College of Policing National FCR accreditation within 12 months of appointment and thereafter maintain professional accreditation; Having due regard to advise on counting rules received via National Crime Recording Standards Steering Group (NCRSSG); Remaining outside operational line command for matters concerning NCRS and HOCR and answer to the Deputy Chief Constable; Ensuring auditable evidence of formal communications with the Chief Officer Team is retained; Having direct access to the Chief Constable (or equivalent) where necessary; Understanding all the routes (or channels) through which crime is reported to a Force, the volumes of crime involved, the report to crime ratio associated with that route and the specific crime recording attrition (failure) risks associated with each route; Developing, implementing and monitoring of crime recording and outcome policies and subsequent audit programmes, in accordance with the Data Quality Audit Manual to ensure consistency and accurate responses to crime recording; Managing and authorising as appropriate decisions made to delay recording or to record a crime without the victim’s confirmation; Overseeing in respect of the transfer and cancellation of recorded crimes (C1‐C5 inclusive); Overseeing training resources produced and used in Force to support NCRS and HOCR; Ensuring prompt and adequate circulation of changes in counting rules, policy etc.;
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Acting as a Force representative and the Home Office contact on the subject of crime recording, having regular contact with other FCR’s through regional groups; Appointing Designated Decision Makers (DDM), on behalf of the DCC, and subsequent managing of the DDMs against standards required; Deciding if the DDM is at an appropriate level for the case in question; Assigning Appointed Representatives of Recorded Crime Outcomes; Making decisions regarding cancellation and reclassification of all offences of rape and attempted rape and serious crime such as murder, attempted murder, manslaughter or crimes which are high profile by their very nature or involving a high profile individual; Deciding on which force should record the crime, if there is a failure to agree; and Deciding on reclassification of crimes, if there is disagreement.
Designated Decision Maker (DDM)
Responsibilities DDMs are responsible for: Strictly adhering to standards set through NCRS and HOCR, reporting directly to the FCR; Remaining independent from the original decisions regarding the case when assigned and reviewing the case; Remaining totally independent from the original investigation; Consideration and decision making of crime record cancellation under provisions C2, C4 and C5 of the HOCR and screening requests to cancel or reclassify rape, attempted rapes and homicides prior to sending them to the FCR for a final decision; Making decisions and considering all outcomes that fall into the category Type 5 (Offender has died ‐ all offences, where there was sufficient evidence to charge the offender had they not died). If the case if not referred to CPS, an entry is required on the crime record in a clear format including: A full rationale outlining the evidence; The date and circumstances of the death; and Details of the information source. Making decisions and considering all outcomes that fall into the category Type 4 (Offences taken into consideration). Where in a PACE compliant interview, a suspect admits an offence similar to, but not more serious than, the offence charged. In addition, a TIC acceptance form (MG18) must be signed by the suspect and the DDM must be satisfied that there is additional information to be sure the person committed the crime; Consideration and decision making on crimes which are suggested for disposal by means of the ‘Alternate Offence Rule’ including outcome 8, outlined in the HOCR, other than S39 and S47 assaults; and
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Reviewing cases which involved a police charging decision but CPS, when presented with the case file, subsequently discontinue the case on the grounds of insufficient evidence, a DDM must conduct an evidential review of the reasons for the charge.
Force Crime Management Unit (FCMU)
Responsibilities The FCMU are responsible for: Being the first contact for recording of certain crimes reported to the Customer Contact Centre (CCC) and all online crime reporting; Checking all crimes recorded by the Customer Contact Centre and districts and departments which must be tasked to the FCMU. A thrive assessment will be conducted and consideration will be given for further investigation prior to allocation. Furthermore, a minimum standards check will also be conducted to ensure Crime Data integrity and quality at the point of first recording; The finalisation of all crimes and ensuring that the most appropriate outcome is aligned; FCMU Team members are accredited and given the FCR delegated authority to reclassify certain crimes. FCMU should screen all reclassification applications, and task screened cases in the below categories to the DDM team (YQ HOCR – For FCMU use only). Those not listed below can be reclassified where appropriate by the FCMU. Rapes and attempted rapes and Homicide Burglary Residential, Robbery, Human Trafficking/Modern Slavery, Threats to Kill, Sexual to non‐sexual offences and Section 20 Assaults and above. If the OIC/Supervisor believes a crime needs reclassification and has submitted a task, FCMU, will review it and if appropriate reclassify to the correct offence; If the OIC/Supervisor want to request reclassification of the categories detailed above (Robbery, rape etc.) and has submitted a task, FCMU will assess the request and if suitable send it on to the DDM’s; FCMU are also authorised by the FCR to cancel the below crimes where appropriate; C1 cancellations, where an “other force” crime number is appended to the crime, and it is clear the victim has been informed of the transfer; C3 cancellations, where the remaining master crime is linked; All other cancellation applications will be checked by the FCMU and forwarded to the YQ HOCR – FCMU use only mailbox on NICHE. Checking of C2 applications should ensure that any AVI required is attached where referred to, statements, PNB etc., and that the standard of AVI approaches the required level; TIC applications should be forwarded to the YQ TIC SUBMISSIONS ONLY mailbox on Niche; NOT PROTECTIVELY MARKED Crime Recording and Finalisation Page 21 of 31 NOT PROTECTIVELY MARKED
Outcome 5 (Offender died) applications should be forwarded to the YQ HOCR – FCMU use only mailbox on Niche; and Alternate Offence applications other than lesser offence (S47 to S39 Assaults, which can be shown as 1 charged) and all alternate offence outcome claims should be submitted to the YQ HOCR – FCMU use only mailbox on Niche.
Police Officers and Police Staff
Responsibilities This Force embraces first contact recording principals. It is the duty of all Police officers and staff to record a crime if on the balance of probabilities, the incident being reported to them in person, on the telephone or via electronic communication including social media is as a result of a criminal act. Staff should not signpost a member of the public to attend a helpdesk or contact West Yorkshire Police or any other Force via 101. Once a crime is recorded, unless a resource is being deployed to the incident in order to secure and preserve evidence or the crime is linked to an incident which is being resolved without deployment, a task must be immediately be sent to the FCMU. If applicable, once initial scene attendance or resolution of an incident without deployment has taken place and the OEL of the crime occurrence has been updated with enquiries including the completion of the initial investigations checklist, a task must then be sent to FCMU. It is the responsibility of the person recording the crime to identify the required flag(s) detailed above where apparent during the CRDMP. If, however it is not apparent at that time, but subsequently becomes so during the investigation, the responsibility moves to the Officer in the case to ensure that the relevant flag is attached to the crime prior to finalisation. At any point during the initial recording, attendance, resolution or investigation an individual personal details are disclosed then they must be linked to reflect their role or involvement in the occurrence i.e. victim, witness, suspect. It is responsibility of the Police resource creating, handling or owning the occurrence at the time the personal details of an individual are provided or established to link them accordingly. If, however this is not possible, the OEL should be endorsed with the reason and the responsibility passed to the next resource with ownership of the occurrence. If an individual is identified by the reporting person, victim or during the investigation as a potential suspect and the victim or Police resource are satisfied to the identity of this individual then an existing niche nominal should be linked as a suspect or a new nominal created if required. In respect of N100 reports, if an individual is detailed as a potential suspect they should be linked as a subject until such time eas a crim has been NOT PROTECTIVELY MARKED Crime Recording and Finalisation Page 22 of 31 NOT PROTECTIVELY MARKED
confirmed and recorded as such. The status of the individual should then be changed to suspect. If during the course of the investigation as a result of enquiries made or information received, the investigating officer believes that the crime stats classification is incorrect, they must endorse the OEL at that point and task the FCMU to review the classification. If the investigating officer at any point has gathered additional verifiable information to demonstrate that the crime has not occurred and they wish for the crime to be considered for cancellation, they must endorse the OEL accordingly, attach any relevant documentation and task the FCMU to review the cancellation request. Compliance with the NCRS and HOCR is a continuous requirement and any further crimes identified must be recorded at the time it becomes apparent; During an investigation and prior to finalisation of a crime During the collation of information from a victim of domestic abuse when completing DASH risk assessment, When conducting a return to home missing person report. It is also essential that care is taken to ensure the quality of the data being inputted onto the crime occurrence. All fields should be completed and diversity details recorded where provided. Ownership and accountability for crime recording is also important. A crime occurrence must always accurately reflect which resource has attended an incident or resolved it without deployment or been involved with the collation of evidence, investigation and contact with the victim or witness. It is the responsibility of that resource to ensure they are linked to the crime recorded accordingly. An officer in the case must also be linked to any crime which has been allocated for further investigation by a supervisor. It is the responsibility of the supervisor to ensure that each occurrence has an OIC recorded and that the crime itself is tasked to the Master Task occurrence box of their district or department.
Customer Contact Centre (CCC)
Responsibilities The operator will record all sexual, hate and violent including domestic abuse crimes reported to West Yorkshire Police Customer Contact Centre (CCC) at the point of first contact via telephone or online 101 chat. Recording of a crime constitutes the automatic or manual pushing of a niche crime occurrence and then adding a stats classification. The CCC operator will record a maximum of three crime occurrences per individual incident. If further crimes are required, the operator should endorse both the incident and related crime occurrences linked to that incident log that further crimes are required to be recorded.
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The CCC operator will create a skeleton incident log with basic contact details prior to transferring the caller or incident to the FCMU so they may record a crime. This is ensure that the caller’s details are captured in an event that the call is lost or there is no member of the FCMU available to take the call.
District Safeguarding Units
Responsibilities District safeguarding units will receive many referrals in person, during meetings, on the telephone and via email communication. Reports received through partnership arrangements or by specialist units must be recorded on the Force crime system at the first opportunity and must not be delayed to allow for further investigation. Referrals therefore outside of face to face meetings or via contact by telephone unless deemed urgent will be directed to be submitted by email. Upon receipt, the referral will be reviewed by the unit clerks and the necessary crime occurrence recorded. The basic standard operating procedure must be adhered when handling these referrals and each Safeguarding unit will have a maximum of five email mailboxes prefixed with the district identifier as follows: District Safeguarding Unit (Primary mailbox for SGUs) District CSE Mailbox District Adult Safeguarding District Child MASH /MAST District Domestic Abuse Minutes of meetings should be endorsed to confirm that all reports of incidents which on the balance of probabilities are a report of a criminal act have been duly recorded as a crime. Units may also be allocated crimes which may manifest into large scale investigations involving multiple victims and offenders including allegations of historic sexual abuse or involving indecent imagery. It is important to ensure that the correct number of crimes are recorded during the investigation. These enquiries are often high vulnerability and risk, including complex series of reports, particularly with regard to CSE, Sexual Offences, Rape and Modern Slavery. In order to assist this process a "Large Scale Enquiry Package" should be created for each operation. At the start of each enquiry, the SIO must appoint a CDI Lead. This nominated person from the enquiry team will have responsibility for CDI. They should make contact with the OFCR and arrange for a FCR SPOC to be appointed to them. The CDI Lead should download a blank spreadsheet from the CDI iLearn or FCR Intranet Page and complete it for all reports made to date. This must include ALL allegations, however vague, and whether suspects are named and/or described or not. All suspects will be given a number. This should
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include details of crimes and other occurrences already recorded. This is a living document, which will be added to as enquiries progress. The CDI Lead should then forward the spreadsheet to the FCR SPOC (Version controlled, i.e. version number given each time it is forwarded). They will brief the FCR SPOC on the enquiry, and together work through the spreadsheet. Once the FCR SPOC has reviewed the spreadsheet, they will document advice on the spreadsheet and this will be sent back to the CDI Lead. This will give guidance as to which crimes are required and how many. It is the responsibility of the CDI Lead to ensure these are then correctly recorded. It will be the responsibility of the CDI Lead to update the FCR SPOC as to any developments, further allegations or victims arising, allowing for an ongoing dialogue and real time advice. Furthermore, units must ensure that due diligence is given to other types of reports generated from safeguarding vulnerable children and adults and ensure that instances where on the balance of probabilities a crime has occurred that it is recorded. Misper 7 reports should be endorsed to confirm that all reports of incidents which on the balance of probabilities are a report of a criminal act have been duly recorded as a crime. DASH reports should be endorsed to confirm that all reports of incidents which on the balance of probabilities are a report of a criminal act have been duly recorded as a crime.
Intelligence Hubs
Responsibilities This should be read in conjunction with the covert operations section detailed within this policy. Force and district intelligence hubs should consider that crimes may be contained within intelligence reports which have been submitted for assessment and dissemination to law enforcement agencies. In the event of a crime being identified, action should be taken to ensure that the crime is recorded as soon as possible with a crime occurrence generated. Clarity should therefore be immediately sought with the originator of the intelligence to ensure compliance. Once recorded it should be tasked to the FCMU. Care should be taken to ensure appropriate sanitisation in order to protect the source of the information.
Abusive Images Assessment Hub (AIAH)
Responsibilities This should be read in conjunction with the covert operations section detailed within this policy.
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Crimes relating to indecent images of children (IIOC) referred into or identified by the Abusive images assessment hub (AIAH) will not be tasked to the FCMU. There are three tiers of IIOC assessed in the AIAH: High: Researched in the AIAH, a crime recorded in the Hub and sent to district SGU for investigation. Medium: Researched in the AIAH, a crime recorded in the hub and sent to district MASH for further enquiry. Low: Researched in the AIAH, a crime recorded in the hub and a finalisation template will be applied, then sent to FCMU for finalisation with the appropriate outcome request for consideration.
Appointed Representatives of Recorded Crime Outcomes
Responsibilities Whilst discretion is not available to officers in making crime recording decisions, it is important to note that there is discretion available to investigators as to how a recorded crime should be investigated, which may affect the outcome applied. The FCR has appointed representatives who will have responsibility for the application of certain recorded crime outcomes. The FCR must have oversight of the use of outcome 21 for serious crimes. An officer substantive or temporary in the rank of sergeant or above may apply outcome 18 only. FCMU staff may apply outcomes with the exception of those detailed above. Representatives are responsible for: Adhering strictly to standards set through NCRS and HOCR, reporting to the FCR; Validating requests for finalisation; Ensuring that decisions which need to be made by DDMs are raised with those who are accredited; Applying a lesser offence outcome without reference to DDM, in cases of a recorded offence of ABH (S47 assault), where CPS have authorised a charge of Common Assault or Assault PC; and Ensuring victims of crime are updated at every stage but without exception prior to finalisation of a crime record with a detailed OEL entry. Where a crime has been recorded in this Force but the investigation is being or is subsequently undertaken by the National Crime agency (NCA), this crime must not be finalised until the investigation has been completed and notification of the outcome from the NCA has been received. The crime will then be finalised by this Force and the outcome will accurately reflect what action the NCA. It is for the district where the crime has occurred to nominate an OIC to retain ownership of the crime until the notification of the outcome from the NCA is received.
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Schools
Principles • WYP are fully committed to the National Crime Recording Standards Working with Schools Protocol agreed by the Home Office and the Department for Education which is designed to support the school discipline policies. • The protocol presupposes that it is in the first instance, the responsibility of school managers and staff to deal with and record behavioural incidents involving young children and young people on a school site, even though later it may be deemed as cases of criminal conduct. • When requested by the school, officers including safer school’s officers must consider the nature and seriousness of an incident following the schools protocol criteria before deciding whether to officially record the matter, immediately or at a later stage, as a recordable crime. • In order to sustain the disciplinary authority of schools, the protocol clarifies the general principles of NCRS as they apply to incidents on school premises. • The schools protocol should be considered on a case by case basis and if the circumstances do not fit the protocol then a crime will be recorded to ensure CDI compliance. • Nothing should ever prevent an officer recording a crime if they consider it is the right thing to do or it is appropriate and necessary to do so. • If a school, parent/representative reports an incident direct to the Police via 999, 101, 101 chat then we will create an incident. • If Police are working in the school or during the course of their duties and they have an incident reported to them which took place on school premises during normal school hours, including those witnessed by, or reported directly to, officers working in the school, which they would normally record as a notifiable offence they will, in the first instance, invite the victim or the person acting on their behalf to report the matter to the head teacher to be dealt with under normal school discipline procedures. • The school must record the incident and include whether the Police or a Safer school officer has been involved or notified. This is the audit trail for accountability working in partnership with the school. In these circumstances however there will be no requirement for the Police to record an incident or non‐crime occurrence unless it involves risk or is of a high intelligence value or where for instance hate manifests itself irrespective of whether a crime will be recorded. ALL incidents of hate will however require a hate incident non crime occurrence being recorded. • Reports to the Police via the telephone or online, direct to a safer school’s officer or Police must be recorded as a crime related incident by the Police or school only, until or unless: The Police judge it to be a serious incident as defined in Annex B;
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Having brought the matter to the attention of the school in line with good practice, the Police receive a formal request from the school to create a crime record; or The child, parent or guardian or the child’s representative asks the police to create a crime record. If an incident not reported to the police via the telephone or online, constitutes a recordable crime and where the schools protocol is not applicable, then the Police may record a crime occurrence directly and there is no need to record a separate Police incident in addition to the school recorded incident.
Transferring Crimes and N100 To/From Other Forces
Principles Crimes committed and reports of rape within the jurisdiction of another police force area in England and Wales should be referred to the respective force. The crime record may only be removed or report of rape finalised once a crime reference has been obtained from the receiving force and the victim has been advised of that new crime number. It is expected that once a Force has determined that a crime is made out in accordance with NCRS and records it, then any subsequent transfer to another force would ordinarily result in the immediate recording of a confirmed crimee by th Force accepting the transfer; unless the FCR in the receiving force is entirely satisfied that no notifiable crime has been committed in their force area. If the FCR declines to record a crime for this reason, they are required to record a crime related incident. The crime related incident reference number and reason for declining to record should be endorsed on the N100 or crime recorded in this Force. The fact that a crime has already been recorded indicates that the balance of probability test has already been applied. Therefore, the standard of proof to meet the ‘entirely satisfied’ has been determined by this Force to be the same as that required for a C2 cancellation of crime specifically additional verifiable information that the crime has not occurred. These rules apply to WYP wanting to transfer crimes to another force. Any failure to agree should result in the Force which took the initial report, recording the crime. The FCR is the final arbiter. This also applies to crimes of fraud, whereby the call for service from a victim, constitutes the subsequent referral to Action Fraud. In these cases, a crime record is created by WYP, the crime is then reported via telephone or online service to action fraud who create an NFRC number (NFRC number is the counting crime – Fraud offences do not form part of WYP counting figures), this is then placed in the summary field of the crime record, for audit purposes.
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Any direct dissemination of fraud offences to WYP which require transfer to another force area, follow strict guidelines and are dealt with through the OFCR only. Any requests for transfer should be tasked to the YQ – FCMU box and the FCMU should task directly to the YQ Crime Registrar mailbox. If the location of an offender cannot be ascertained in child sexual offences including instances of online grooming, then it shall be deemed to be where they were residing at the time of the offence committed. The crime will be transferred to the relevant Force in the interests of ensuring an expedient investigation.
Audits and Inspection
Principles The Force Crime Registrar will produce an annual audit plan. In addition to this audit plan, a regime of audit and inspection will take place to address bespoke instances brought to the attention of the FCR and in order to check that Force mechanisms and processes are fit for purpose in order to maintain Crime Data Integrity. The audits will be published on the Force Crime Registrar Intranet site and retained by the Force Registry for the ‘Corporate Memory’.
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Additional Information
Compliance This policy complies with the following legislation, policy and guidance: • APP Information management • NCRS • NSIR • National Crime Recording Standards Working With Schools Protocol
Further If you require further information regarding recording crimes, you can refer Information to: • Force Crime and Incident Registrar’s Intranet webpage • Home office counting rules via this link • Changes to Home office counting rules via this link • The CDI iLearn tool on the Force Intranet
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