Recommendation - Greater Manchester Police, November 2021

Yes

The IOPC recommends that Greater Manchester Police (GMP) devise specific guidance which includes instruction on how restrictions are communicated to a suspect. 

The changes to pre-charge bail were introduced in changes to legislation through the Policing and Crime Act 2017 which introduced a presumption in favour of release without bail unless bail is deemed "necessary and proportionate in all circumstances."

The unintended consequences of this nationally has been an increase in the number of suspects who are released under investigation without any restrictions. The number of suspects who are arrested has decreased, with a corresponding increase in those who attend under voluntary attendance. 

NPCC issued updated guidance in January 2019 in relation to the use of bail which stated that for domestic abuse (DA) and high harm cases – if a suspect has been arrested in connection with an offence involving vulnerable people or domestic abuse, there should be documented decision-making why pre-charge bail has not been used and serious consideration given to the imposition of bail with conditions in order to safeguard the victim.

College of Policing Authorised Professional Practice for Domestic Abuse states that Where an offence has been committed in a domestic abuse case, arrest will normally be ‘necessary’ within the terms of the Police and Criminal Evidence Act 1984 (PACE) to protect a child or vulnerable person, prevent the suspect causing injury or criminal damage and/or allow for the prompt and effective investigation of the offence.

The above was reiterated to GMP staff through videos, briefings and Powerpoints during August 2021 with a focus on improving safeguarding of vulnerable victims and witnesses (Operation Maximus)

The Voluntary Attendance Interview Procedure was updated in November 2021 to ensure that pre and post interview risk assessments are carried out during the process. One element of the pre- interview risk assessment is to review if the offence is likely to cause a significant risk of suicide/self-harm to the suspect. Liaison and diversion services referral must be considered during the process.

A post-interview exit risk assessment is conducted where the suspect is released either on bail released under investigation. This includes a specific suicide prevention questionnaire where the suspect is under investigation for sexual offences. 
In terms of conveying restrictions to those who have bail conditions, this is conveyed to them both verbally and with a bail sheet.

In relation to guidance and instruction to those not subject to bail conditions GMP recognises that current processes and procedures are inadequate and that changes are required in order to ensure clarity when dealing with suspects in these circumstances. Clarity is required as to how the force makes it clear to the suspect that "advice" which is given to them is not a restriction.

I am confident that this is has now been addressed via colleagues in the Criminal Justice and Custody Branch who have undertaken the following changes;

•    The force form 1189 - Release Without Bail Notice has been revised and uploaded to the force intranet site. The form is served on a suspect released under investigation and makes it clear that there are no police restrictions on a person's movements or behaviours when released under investigation. These parts of the form must be read to the suspect. The form also contains a box to record contact details for the office in the case (OIC) to enable the suspect to raise any queries.

•    The introduction of this revised form will also be supported by a force wide intranet article to raise awareness to all officers and staff of the importance of being clear to a suspect what their rights are when released under investigation.
•    An item has also been produced for circulation on the Custody Branch weekly update bulletin.

With the implementation of the above it is now strongly believed that GMP now makes it clear what advice is given to a suspect in the event they are released without restrictions.

College of Policing guidance has been developed following national research into those taking their own life whilst under investigation for IIOC. This guidance highlights trigger points as a potential suicide risk which are broadly arrest, reporting back on bail and prior to court appearance and sentencing. This guidance also relates to those who are under investigation for child sex offences as well as IIOC, which are account for over 50% of suspects for sexual offences.

At present, there is no evidence base that those are under investigation for all sexual offences are an identified higher risk cohort of suicide risk. At present it would therefore not be proportionate to extend the guidance to all suspects of all sexual offences as a blanket approach. As part of the post interview risk assessment and ongoing management of risk, there should be a suspect strategy which may deem it necessary for ongoing contact or referral into support services with consent.