Question
Further to the recent report in the Detail that following an FOI answer from the Home Office that 33 victims of crime had details passed to Home Office immigration authorities between May 2020 and May 2022. What is PSNI’s policy regarding liaising with the Home Office on the immigration status of victims, witnesses, and perpetrators of crime? What are the documents that govern any policy? Does PSNI keep records of such referrals? If so, are there any details of the circumstances surrounding the 33 individuals who were referred?
Answer
What is PSNI’s policy regarding liaising with the Home Office on the immigration status of victims, witnesses, and perpetrators of crime? What are the documents that govern any policy?
Background
Data sharing between the police and Home Office Immigration Enforcement (HOIE) is an issue that has for many years raised concerns nationally about its potential impacts on migrant victims and witnesses of crime. It was the subject of a super complaint in 2018. A joint investigation by His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), the College of Policing and the Independent Office of Police Complaints (IOPC) in December 2020 found that victims of crime with insecure or uncertain immigrations status were fearful that, if they report crime to the police, their information will be shared with the Home Office.
HMICFRS found no evidence of an intention within the police service to operate a culture that prioritises immigration enforcement over the investigation of crime and safeguarding. However, there remains a perception of such a culture by some victims and the specialist organisations that support them which means that vulnerable people aren’t getting the help and the support they need.
The problem is widely acknowledged but the national debate over how to respond effectively is continuing. Black, Asian and Minority Ethnic Communities (BAME), migrant groups and their supporters have called for a clear ‘firewall’ between policing and immigration enforcement. However, a government review published in December 2021 rejected this option. The review concludes:
“Current data sharing practices between the police and the Home Office are essential in protecting those most vulnerable and enforcing the UK’s immigration laws. Proposals to cease or delay data sharing between the police and the Home Office on migrant victims and witnesses of crime with irregular immigration status would be harmful to both the safeguarding of those victims and witnesses and the public interest.”
Victims and Witnesses
The Police Service policy in this area is derived from the National Police Chief’s Council (NPCC) 2020 Guidance document ‘Information sharing with the Home Office where a victim or witness of crime is a suspected immigration offender.’
This instruction was last issued to the service on the 8th July 2021 by ACC Singleton following correspondence from Chief Constable Shawn Sawyer on behalf of the National Police Chief’s Council (NPCC) on the 24th of June 2021.
In short we have instructed our officers that they should not routinely search police databases for the purpose of establishing the immigration status of a victim/witness or routinely seek proof of their entitlement to reside in the UK.
Further when an individual reports to the police that they have been a victim of or witness to crime the focus of the police will always be:
To investigate the allegation the victim/witness has reported; and
To put in place such reasonable measures as are necessary to protect the victim/witness from harm.
Despite not routinely checking immigration status there will still be circumstances where officers may become aware of an individual’s insecure immigration status for example through alerts/flags on police databases checked prior to court attendance or if the individual themselves makes disclosures.
If a victim is alerted/flagged as wanted for immigration offences such as breach of a deportation order, a referral to and advice from Home Office Immigration would be sought. This is on the basis of our statutory obligations under Section 5 Criminal Law (NI) Act 1967, Section 32 (1) (d) of the Police (NI) Act 2000 and the Human Rights Act 1998. What we see as a statutory obligation to share information is contested by some advocacy groups who contend there is not in fact any specific legal imperative upon police to report to the Home Office. The Police National Database where flags for immigration offences are held was developed in response to recommendations on information sharing between agencies made in the Bichard Inquiry (after the murders in Soham in 2002 of two 10 year old girls, Holly Wells and Jessica Chapman).
Victim disclosures can include that they are a victim of trafficking. The ‘With consent’ referrals for adults to what is known as the Home Office National Referral Mechanism will follow in these cases. Referrals to this mechanism are vitally important as they allow victims to obtain the support needed to regularise their status. This support includes accommodation, living expenses, access to health and social care, legal and immigration advice. With consent referrals are made not only by the police service, but by our partners like Women’s Aid, Health and Social Care Trusts, UK Border Force and other agencies
Perpetrators of crime
Police officers will routinely, as part of their investigations, carry out a series of checks on offenders including with Home Office Immigration Enforcement (HOIE) if they suspect there may also be immigration offences.
In addition, the police service works very closely with the HOIE under the auspices of the Joint Agency Task Force and the Organised Crime Task Force to tackle the threat posed by organised criminals unlawfully in the United Kingdom. An immigration enforcement officer has been co-located within the services Organised Crime Branch since 2017. This officer assists our Organised Crime Teams with information and intelligence sharing on persons suspected of involvement in organised criminality.
Human trafficking and exploitation cases, in particular, do however present complexities for policing as it is not uncommon for a person’s status to change from suspected offender to victim or vice versa during an investigation. Section 22 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 provides a statutory defence for victims of trafficking or slavery when they were compelled to commit certain crimes2. On many occasions victims are not aware they are being trafficked or exploited or have accepted the situation. Again this defence is vitally important and helps ensure additional support to the victims of slavery, exploitation and trafficking but actual offenders do also routinely attempt to use this as a defence. There are therefore occasions when MSHTU may require immigration partners to run checks on purported victims to confirm their identity, country of origin, how they travelled to the country, who with and any previous encounters with immigration or visa teams.
Does PSNI keep records of such referrals? If so, are there any details of the circumstances surrounding the 33 individuals who were referred?
The police service does not itself have a central repository of ‘referrals’ but figures obtained from Home Office National Command and Control Unit(HONCCU) indicate that between May 2020 – February 2023 a total of 34093 calls were received from the Police Service. On 43 occasions these calls were to request checks on individuals who they notified as a victim of crime.
Data indicates that 24 of these 43 referrals relate to Police Service Modern Slavery and Human Trafficking (MSHT). Again through these referrals MSHT officers obtain travel information, confirmation of identification and detail of previous interactions with law enforcement all of which is integral to their Human Trafficking investigations and is critical to verifying if persons are in fact victims.
It must be stressed again that rather than being referrals for any perceived immigration offences, informing the HONCCU that the individual is a victim of crime ensures that no further action is taken by the Home Office Immigration in respect of that individual for any identified immigration offences and acts as a gateway to a range of support.
Next steps
We understand that this is an issue of real concern and has become closely tied to our Violence Against Women and Girls (VAWG) work. We are continuing to work with our statutory partners and communities to ensure we balance our statutory obligations with the needs of, and concerns expressed, by victims.
We intend to explore with Home Office and other partners what might be possible in terms of a public awareness campaign to address myths and provide reassurance to those with insecure immigration status to allow them to access the support they need and in particular protect them from domestic violence, abuse and coercive control.
This is a developing area of public policy. Further developments in Home Office Policy are expected in the coming months, principally the forthcoming IE Migrant Victims Protocol. It will be important to monitor developments in this area and we have committed to a further Section 75 screening process of our Policy this year. We will continue to update the board on developments in this area.
Les Allamby