FOI 13047
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 13047
I write in connection with your request for information which was received on 27th November 2019 and clarified on 9th December 2019. Please find below the response to your request:
Please provide case information of interview techniques and policies of offenders and witnesses with learning or disabilities:
1) please provide the number cases recorded until and including 2019. Clarified as: it is cases that included an interviewee with a learning difficulty or disability.
2) please provide or describe policies, procedures, guidelines and standard operational procedures for the interviewing of witnesses and offenders with learning difficulties or disabilities
3) please provide or describe the procedure, policies, guidelines and standard operational protocol of the identification of a learning difficulty.
4) What information Is provided and what procedure is used to ensure their understanding of the situation and that their wellbeing is monitored throughout the investigation?
5)What proportion of the interviews were carried out by an officer with the required training?
6) Is it mandatory for an officer to have the correct training to carry out an interview with an offender or witness with learning difficulties?
7) What policy and procedure is carried out if there is no officer present with the relevant training?
I have already reviewed disclosure log to ensure no relevant information requested is available.
Reply:-
1) & 5) Please be advised that the information that you have requested is not available in a readily retrievable format in relation to Question 1 and 5 as we do not have marker which would identify a witness/ suspect of having learning difficulties .Therefore each record would need to be manually reviewed to see if information was contained within the summary of the report / record.
Therefore the cost of providing you with the information is above the amount to which we are legally required to respond i.e. the cost of locating and retrieving the information exceeds the ‘appropriate level’ as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.
In accordance with the Freedom of Information Act 2000, this letter acts as a Refusal Notice for this part of the request and if one part of a request exceeds the fees limit then S12 of the Act applies to the whole request.
However, In accordance with Section 16 of the Act I have a duty to provide advice and assistance in relation to your request and can provide information in relation to Questions 2/3/4/6/7. This should not be taken as a precedent that additional information would be supplied outside of the time/fees legislation for any subsequent requests.
2) The government publishes information titled ‘Positive Practice Positive Outcomes’ which is a handbook for professionals in the Criminal Justice System working with offenders with learning disabilities, see below link:
All staff trained are provided with a copy of the latest Achieving Best Evidence Guidance in Criminal Proceedings. (Latest edition 2011) Guidance on interviewing victims and witnesses. This information is available here:
There is no requirement for additional policies, due to this being a nationally recognised practice.
Dealing with offenders with learning difficulties or disabilities is covered in: -
The Police and Criminal Evidence Act 1984 (PACE) Code C – section 9: https://www.gov.uk/government/publications/pace-code-c-2019
Custody also work the College of Policing Authorised Professional Practice:
3) In relation to victims and witnesses, as above within answer to Question 2. With Children, this would be through Working Together 2018:
https://www.gov.uk/government/publications/working-together-to-safeguard-children--2
Custody follow Police and Criminal Evidence Act Codes of Practice (Code C – section 1.4) - see extract below:
1.4 If at any time an officer has any reason to suspect that a person of any age may be vulnerable (see paragraph 1.13(d)), in the absence of clear evidence to dispel that suspicion, that person shall be treated as such for the purposes of this Code and to establish whether any such reason may exist in relation to a person suspected of committing an offence (see paragraph 10.1 and Note 10A), the custody officer in the case of a detained person, or the officer investigating the offence in the case of a person who has not been arrested or detained, shall take, or cause to be taken, (see paragraph 3.5 and Note 3F) the following action:
(a) reasonable enquiries shall be made to ascertain what information is available that is relevant to any of the factors described in paragraph 1.13(d) as indicating that the person may be vulnerable might apply;
(b) a record shall be made describing whether any of those factors appear to apply and provide any reason to suspect that the person may be vulnerable or (as the case may be) may not be vulnerable; and
(c) the record mentioned in sub-paragraph (b) shall be made available to be taken into account by police officers, police staff and any others who, in accordance with the provisions of this or any other Code, are required or entitled to communicate with the person in question. This would include any solicitor, appropriate adult and health care professional and is particularly relevant to communication by telephone or by means of a live link (see paragraphs 12.9A (interviews), 13.12 (interpretation), and 15.3C, 15.11A, 15.11B, 15.11C and 15.11D (reviews and extension of detention)).
4) All those identified as having a learning difficulty/disability will have an appropriate adult assigned, to ensure that they have everything explained, and the appropriate adult ensures their understanding. There is no formal policy for children, as this is provided in Working Together 2018.
5) As per Q1
6) Each ABE must have at least one qualified interviewer in the area required. For defendants in custody, the officer would seek the support and advice from an appropriate adult or trained medical professional.
7) No interview takes place.