Joint Protocol between The Immigration Service and The Police Service for the Removal of Immigration Offenders 19 July 2001 Contents JointJoint Joint ProtocolJoint P rotoco l Joint Protocol BetweenJoint Protocol Between Joint Protocol Between theJoint Protocol Between the Joint Protocol Between the ImmigrationJoint Protocol Between the Immigration Joint Protocol Between the Immigration ServiceJoint Protocol Between the Immigration Service Joint Protocol Between the Immigration Service andJoint Protocol Between the Immigration Service and Joint Protocol Between the Immigration Service and theJoint Protocol Between the Immigration Service and the Joint Protocol Between the Immigration Service and the PoliceJoint Protocol Between the Immigration Service and the Police Joint Protocol Between the Immigration Service and the Police ServiceJoint Protocol Between the Immigration Service and the Police Service Introduction ................................................................ 3 1 1.1 Preamble ..................................................................................................... 3 1.2 Aims ........................................................................................................... 3 1.3 Core Principles ........................................................................................... 3 Background ................................................................. 5 2 Joint Operational Agreement ...................................... 6 3 3.1 Agenda for shifting resources ..................................................................... 6 3.2 Measuri ng Success ....................................................................................... 7 Organisation ............................................................... 8 4 4.1 Resources .................................................................................................... 8 4.2 Meeting the Costs of Resourcing .............................................................. 10 4.3 Tasking for Operations ............................................................................ 10 4.4 Custody Capability .................................................................................. 10 4.5 Communication: Immigration Service and Police Service ....................... 11 4.6 Communication: Media Strategy .............................................................. 11 4.7 Complaints procedures ............................................................................. 12 Immigration Service Levels of Operation ................. 13 5 5.1 Lower-Tier Operations ............................................................................ 13 5.2 Upper-Tier Operations ............................................................................. 13 5.3 Middle-Tier Operations ............................................................................ 14 Next Steps ................................................................. 15 6 6.1 Action by Immigration Service and Police Service .................................. 15 6.2 Point of contact ........................................................................................ 15 Review of protocol .................................................... 16 7 Annex A - Risk Assessment Authorisation ................ 17 8 Annex B - Priority Areas for Activity ....................... 18 9 19 July 2001 2 JointJoint Joint ProtocolJoint P rotoco l Joint Protocol BetweenJoint Protocol Between Joint Protocol Between theJoint Protocol Between the Joint Protocol Between the ImmigrationJoint Protocol Between the Immigration Joint Protocol Between the Immigration ServiceJoint Protocol Between the Immigration Service Joint Protocol Between the Immigration Service andJoint Protocol Between the Immigration Service and Joint Protocol Between the Immigration Service and theJoint Protocol Between the Immigration Service and the Joint Protocol Between the Immigration Service and the PoliceJoint Protocol Between the Immigration Service and the Police Joint Protocol Between the Immigration Service and the Police ServiceJoint Protocol Between the Immigration Service and the Police Service Introduction 1 Preamble 1.1 This protocol is the outcome of high level discussion betw een Home O ffice, Immigration Service and Police Service representatives to address joint issues arising from challenging Government targets for the removal of failed asylum seekers. It should be regarded as the first stage in developing an integrated and long term working arrangement between the two organisations to meet removal targets. It is recognised by both organisations that this protocol is an initial framework for action and that not every eventuality will be covered. The protocol is dynamic and initially will be subject to quarterly reviews. The reviews w ill take into account practical experience within the joint operating environment. Th e Gover nment message i s clear; that w e must achieve a much higher rate of removal s, if we are to deliver an effective asylum and immigration system. It is in this context that the protocol has been agreed: Such is the scale and nature of the task that co-operation will be essential to achieve the aims set out below. Aims 1.2 v To establish the mechanism by which the Police Service will assist and support the Immigration Service to meet annual government targets for the removal of im mi grati on offenders, w ith particul ar regard to fai led asy lum seekers. v To develop the expertise of the Immigration Service in the arrest of immigration offenders without the support of Police, whilst ensuring the safety of immigration officers. v To achieve the aims in a manner that maintains and increases the trust and confidence of the publi c, and par ticul arly members of ethnic communities. Core Principles 1.3 1. The Immigration Service will retain primacy for the operational development and im plementati on of pl ans to identify and remove i mm igration offenders. 2. The Police Service will commit to support the Immigration Service in meeting the Government s target for the removal of immigration offenders, w ith particular regard to failed asy lum seekers. 3. The Immigration Service will retain full responsibility and liability for the decision making process to identify offenders for removal. 4. The Police Service will retain primacy for maintaining and increasing the confidence of minority communities, and promoting community safety. 19 July 2001 3 JointJoint Joint ProtocolJoint P rotoco l Joint Protocol BetweenJoint Protocol Between Joint Protocol Between theJoint Protocol Between the Joint Protocol Between the ImmigrationJoint Protocol Between the Immigration Joint Protocol Between the Immigration ServiceJoint Protocol Between the Immigration Service Joint Protocol Between the Immigration Service andJoint Protocol Between the Immigration Service and Joint Protocol Between the Immigration Service and theJoint Protocol Between the Immigration Service and the Joint Protocol Between the Immigration Service and the PoliceJoint Protocol Between the Immigration Service and the Police Joint Protocol Between the Immigration Service and the Police ServiceJoint Protocol Between the Immigration Service and the Police Service 5. The implementation of the plans will not detr act the Police Service from their published pri orities. 6. The Police Service will retain the right of authority and authorisation for immigration activity in light of their duty of care to the community. 7. The Police Service will provide an agreed level of support for Immigration Service operations, unless reasonable grounds can be shown. 8. Operations will be based on confirmed intelligence and executed in consideration of joint assured Risk A ssessment. T hey will meet the provisions and principles enshrined in the Human Rights Act 1998 and Race Relations (Amendment) Act 2000. 9. This protocol only applies to Immigration Officers enforcement activity and will not impinge upon other aspects of activity where the Immigration Service and Police Service have existing effective joint working. 19 July 2001 4 JointJoint Joint ProtocolJoint P rotoco l Joint Protocol BetweenJoint Protocol Between Joint Protocol Between theJoint Protocol Between the Joint Protocol Between the ImmigrationJoint Protocol Between the Immigration Joint Protocol Between the Immigration ServiceJoint Protocol Between the Immigration Service Joint Protocol Between the Immigration Service andJoint Protocol Between the Immigration Service and Joint Protocol Between the Immigration Service and theJoint Protocol Between the Immigration Service and the Joint Protocol Between the Immigration Service and the PoliceJoint Protocol Between the Immigration Service and the Police Joint Protocol Between the Immigration Service and the Police ServiceJoint Protocol Between the Immigration Service and the Police Service Background 2 Police have traditionally assisted Immigration Officers in the execution of their duty to detect and identify immigration offenders. Limitations in legislation have practically restricted the powers of ar rest to poli ce offi cers. Since the mid-1980s there has been a sharp increase in the number of people claiming asy lum. Incr ease i n demand is star ting t o impinge di sproportionatel y on pol ice resources, particularly in light of the clarity of published ministerial and police priorities set in consultation with the public. The Macpherson Report enhances police understanding of the public perception of their treatment of ethnic