Memorandum submitted by The Police Service
of Northern Ireland
PONI/PSNI RELATIONSHIPS
Within senior management of the PSNI, and most certainly
with Internal Investigations Branch, there is a very professional
working relationship with PONI and a genuine understanding of
each other's roles and matters arising. Senior officers have few
issues regarding the Ombudsman's functions. They are also of the
opinion that the Nationalist community appear to be more content
in dealing with police, knowing that PONI have oversight. Generally
there is still some suspicion of the Ombudsman's investigations
in some parts of the organisation but efforts are being made to
educate officers, particularly in support groups (TSGs) and Detective
ranks.
In order to address problems, a system of Gold, Silver
and Bronze groups have been set up between the DCC, PONI and IIB.
The Gold group meets on a quarterly basis; Silver group on a monthly
basis and Bronze group meet as required (normally monthly). All
meetings have agreed agenda's and rotate venues between PSNI &
PONI.
| Strategic |
| Day-to-Day |
| Gold | Silver
| Bronze |
Paul Leighton DCC
Peter Kane Head of IIB
| Peter Kane IIB
+ Any other members deemed appropriate given the agenda
| Sub branches Discipline, Investigations, Intelligence, PONI
|
Dave Wood Executive Director PONI
Justin Felice Head of Investigations PONI
| Justin Felice PONI
+ Any other members deemed appropriate given the agenda
| Key staff dealing with the appropriate sections
|
Of course there are difficulties to overcome. However I feel that
the positive by far outweighs the negative. Complaints against
the police have fallen very noticeably (10% per year since 2001-02
from 3,597—2,947 2003-04 this equates to an actual overall
reduction of approx 18%). Whilst there may be many reasons for
such a fall, I am sure that the fact that we now have an independent
and robust investigation system overseeing the police has had
an effect on police officers' behaviour.
REGULATION 20 REPORTS
The Police Ombudsman prepares Regulation 20 reports in relation
to the discharge of firearms, discharge of PBRs, and deaths in
custody.
From these comprehensive Regulation 20 reports there have been
significant policy changes and training improvements identified.
As a result there is no doubt that the police are doing things
better.
To date PONI have completed 63 Regulation 20 reports, each of
these reports being dealt with by a committee at Police Headquarters
made up of senior stakeholders. Seventeen of the reports raised
no issues at all whilst the remaining 39 reports identified matters
in relation to equipment, training issues, procedures etc. All
of the points raised by the Police Ombudsman were actioned by
way of General or Weekly Orders and local instructions from Regional
ACCs and Commanders.
| FIREARM | PBR | DEATH
| RTA | OTHER |
| 20 | 28 | 9
| 5 | 1 |
| |
| | |
Extract from Regulation 20 report relating to discharge of
29 baton rounds in the vicinity of Albertbridge Road, Belfast
on 20 and 21 August 2002
"These were apparently spontaneous outbreaks of violence
in mainly residential streets perpetrated by elements apparently
determined to escalate a situation that had been rumbling in this
community for some weeks. There is some evidence to suggest that
there was a certain amount of preplanning and preparation by rioters.
The Police reaction was both controlled and proportionate
to the level of violence.
The Police were subjected to a barrage of missiles and can
be shown to exercise a high degree of restraint. There is overwhelming
evidence to support the Police use of baton guns at this point.
All the evidence suggests that the baton gunners acted entirely
correctly within the guidelines set out in the ACPO manual of
guidance, legislation and Human rights legislation. Warnings should
and could have been given regarding the imminent use of baton
guns on 21 August . . ."
Action
The issues were covered in Weekly Order insert 37/03. Paragraph
2(3) which states that, whenever possible baton guns should be
deployed in two-person teams, paragraph 6 which covers the composition
and role of Baton Gun Teams, and paragraph 10(5) which states
that where it is not possible to deploy baton gun teams the officer
detailing the duty will make a specific note of the reasons, were
all emphasised.
The baton gun course, TSG/PSU supervisors course and the designated
senior officer element in public order command training all emphasise
the need to deliver warnings prior to the use of baton rounds,
and to continue to issue warnings throughout the life of the authority
to use baton rounds. The wording of general order 46/2000 states
that warnings are to be given, "unless circumstances do not
permit". During learning events, trainers advocate that this
qualification needs to be set at a high threshold. In other words,
it must be very much the exception that warnings are not delivered.
EXTRACT FROM
WEEKLY ORDER
22/04
General Order Part I, No 46/2000, File Box D(a)—Service
policy in relation to the issue, deployment and use of baton rounds
in situations of serious public disorder
Following a Regulation 20 report from the Police Ombudsman's office,
the following instructions should be brought to the attention
of Baton Gun Commanders and those officers in charge of TSGs and
PSUs.
The above-mentioned General Order should be amended as follows:
1.At Appendix "A", paragraph 5. Delete sub-paragraph
(7) and replace with the following:
5.(a)A warning should precede any application of force. It is
often claimed that warnings are not given, or that they are given
but baton rounds are fired within a very short space of time,
allowing little time for the message to spread to all involved.
(b)Everything must be done to ensure those engaged in rioting
are made aware of the potential use of baton rounds in order that
they have the opportunity to desist or leave the area and that
onlookers and innocent bystanders are also aware of the risk if
they choose to remain in the vicinity.
(c)(i)As an interim measure, pending the review of a number of
General Orders, Police Service of Northern Ireland policy will
be to ensure that several warnings are issued in advance of any
use of force option being considered, unless impracticable in
the circumstances. The wording of the warning will now be as follows:
"Attention, attention this is a police message. Unless
you stop rioting immediately, baton rounds will be fired."
(ii)At the appropriate time the final warning should be given
as follows:
"Attention, attention this is a police message. Unless
you stop rioting immediately, baton rounds will (again) be fired.
No further warning will be given."
(iii)The date, time, location, means of delivery and exact
wording of warnings must be recorded by the officer(s) issuing
the warnings. The officer issuing the warning must ensure that
this is reported to the appropriate Control Room for recording
on the Command and Control Serial. Where a warning is not given
in the first instance the Baton Gun Commander should make a note
in their notebook/journal of the circumstances leading to the
firing of baton rounds without a warning being given and why a
warning was not given.
2.At Appendix "A", paragraph 6. Add a new sub-paragraph
(6):
(6)Removal of Injured Baton Gunners from Duty
Baton gunners should be removed from baton gun duties if they
are rendered unconscious, suffer a head injury or other injury
that is more than trivial, unless wholly exceptional situations
prevail (and retention on duty can be justified). The officer
so removed should be examined by a qualified medical practitioner
and passed fit to resume prior to returning to duty.
Following a further Regulation 20 report a female intent on committing
suicide fell from a radio mast whilst police were in attendance.
As a result the PSNI trained and appointed additional Critical
Incident Negotiators. Student officers now receive a lecture during
their foundation training re first responder actions during suicide
intervention. General order 55/00 was also issued to the service
for those who did not attend the training.
EXTRACT FROM
WEEKLY ORDER
14/03
Death in police custody
A recent investigation by the Police Ombudsman took place into
a death in police custody. No criminal or misconduct matters were
uncovered during the investigation. A number of recommendations
were made by the Ombudsman and the following policies should be
brought to the attention of staff responsible for, or performing
duty in custody suites:
1.Custody Suites should not be left unattended whilst prisoners
are detained.
2.The use of concertina doors in custody suites should cease.
Estate Services Business Unit have been instructed to have these
doors removed. Where there is an operational need to retain them,
constant supervision of prisoners is required where they are used.
3.Consideration should be given to full time custody staff being
detailed to assist the custody officer when prisoners are present.
4.District Commanders should ensure that existing Health and Safety
Risk Assessments are reviewed in relation to the layout of individual
custody suites. Where necessary, steps should be taken to reduce
the risks to persons within the custody suite.
5.There is a need to ensure that persons detailed, as custody
staff are first aid trained. Officers are reminded that they cannot
absolve themselves from the personal responsibility of ensuring
their training is up to date and adequate for the role performed.
As a result of Regulation 20 reports by PONI in relation to the
use of PBRs, the Ombudsman has commented that the firing was appropriate
and justified, also that police have showed great restraint under
considerable provocation of assault.
Extract from Regulation 20 report:—It is clear however that
on 12 July 2001, police officers on duty in the Ardoyne were subjected
to a sustained and vigorous assault with all manner of missiles
being used by rioters, including paint, acid and petrol bombs.
The ferocity of this attack would indicate some degree of preparation
on behalf of the rioters.
Taking into account the level and extent of violence directed
at the police and the large scale of disorder, there were many
occasions where police would have been justified in discharging
baton rounds, yet did not do so. There were also several occasions
where police sighted gunmen and did not open fire, and may have
been justified in having done so.
Officer G acted with great restraint and considerable courage.
He should be congratulated for his professional response to a
frightening and life-threatening situation when it appeared that
his life, the life of his colleagues and the public were place
in considerable danger. His colleagues are also deserving of similar
praise for their restraint and professional behaviour on the evening.
I would ask that my comments are brought to their attention.
These type of comments contained in the Regulation 20 reports
are valuable support for the actions of the PSNI in such circumstances.
Training
The Police Ombudsman is always willing to assist in relation to
requests to attend initial training to student officers, initial
course for sergeants, firearms training, regional meetings, TSG
meetings and federation meetings. I am aware that the Ombudsman's
input to firearms training is particularly well received and particularly
useful. PONI have also attended and briefed officers about their
role in the run up to major events (eg Drumcree).
PONI Senior management, investigators and Complaint Officers have
also attended training provided to the PSNI by COT on the use
of PBRs, the latest being in February and April of this 2004.
Tracking and Trending of Complaints
Trends
IIB and PONI have developed a system to ensure that Commanders
have details of complaints in their area. These details are statistical
in nature and are readily available on SATURN via the common terminal.
This allows Commanders to drill down into the complaints and identify
trends, comparing previous/current financial years and months
by a number of factors, ie region, DCU, station, recorded date,
allegation, weekday, time, location, factor, age of complainant.
Tracking
IIB and PONI have established a tracking system to identify officers
with three or more complaints in a 12-month period. Such officers
are referred to Commanders for consideration as necessary. A Policy
has been issued to all DCU commanders to develop actions regarding
the members concerned.
This is not an exhaustive list but outlines the main courses of
action that are available:
(a)Welfare must also be a consideration (family problems,
sickness, debt, etc.)
(b)No action required in relation to the officer.
(f)Unsatisfactory performance procedure.
(g)Superintendents' written warning.
(h)Return to IIB for discipline.
Eight such reports have been forwarded to the PSNI with numbers
of concerned members varying from 84 to 93 in this month's report.
Joint Investigations
The Police Ombudsman and Internal Investigation Branch have worked
together on joint investigations of officers of mutual interest
and, indeed, have protocols and arrangements to share intelligence
as necessary.
1.PONI were investigating a complaint from a member of the public
of assault by a police officer. After their investigation PONI
had to close the file due to lack of evidence.
Internal Investigation Branch were covertly working on the same
officer for much more serious crime but were only able to gain
intelligence and not evidence. IIB during their enquiries became
aware of the initial complaint of assault made by a member of
the public and were able to identify police officers who were
present at the time of the assault and were able to give evidence.
In co-operation with PONI searches and arrests were made resulting
in the officer being criminally convicted and dismissed from the
Service as a result of the PONI investigation.
2.PONI received intelligence that a particular police officer
was stealing audio equipment from recovered stolen cars that had
been left outside the Police Station. In co-operation with IIB
applications were made under RIPA and audio and visual equipment
installed in a target car. Undercover officers were employed to
report the vehicle stolen and an integrity test was established.
The suspect officer did not respond to the test and after seven
days the operation was closed. In any event the suspect officer
subsequently left the Service.
Oversight of PONI
I am aware that the Police Federation has concerns in relation
to the systems and structures, which allow police officers to
make complaints against the Ombudsman's staff. The Federation
are not happy with the present system, although I am aware that
the Police Federation are making a representation to the NI Affairs
Committee in their own right and are more than likely bound to
raise this subject.
Historical Investigations
PONI obviously investigate complaints which relate to incidents
many years ago. It must be acknowledged that officers perform
different roles and therefore will already have undergone training
and development (eg a current Detective Superintendent may have
been a Detective Sergeant). Should amnesty or any other process
of dealing with the past be agreed, it will be important for the
Ombudsman's remit to be considered.
Outcomes of PONI Investigations
Over the period PONI have recommended misconduct/discipline charges
in relation to 13 cases four have been heard with three officers
being found guilty; one officer had his proceedings Stayed. The
nine remaining cases have been arranged and are awaiting hearing.
| Cases of Advice and Guidance | 42
| | |
| Cases with Superintendents' Written Warning
| 10 | | |
| Criminal Prosecutions Directed | 19
| Guilty | 2 |
16 July 2004
|
| | |
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