Question
Re: CC Accountability report – Page 13 – third bullet point
Can the CC tell us some more about the development of scrutiny panels for rape ‘no prosecution’ outcomes?
Are these panels personnel from PSNI or others also?
Answer
The intention behind a scrutiny panel is to help police review, learn lessons, improve services and ensure that there is a greater accountability for such cases. This can then in turn allow police services to have confidence in using the powers available to them and ensure that there is a greater understanding within the local community as to how police use their powers, when they use them, how they use them and how this interacts with other parts of the Criminal Justice process.
This is at the early stages of development however it is likely that this will be considered in phases:
- The first phase will be for key criminal justice partners to review no prosecution cases in the same manner that PPS and PPB Policy leads review and quality assure domestic abuse cases. This will allow the initial response to be reviewed, assessed and identify any training needs highlighted. This will work alongside the new Rape and Serious Sexual Offences Strategy that is being drafted between ourselves and PPS. It is hoped that there will be further progress towards publication of this strategy in the coming months. This will clearly outline the priorities for both policing and PPS in respect of how we investigate and prosecute rape and serious sexual offences.
- The second phase of this will be for critical friends to be involved in a review process or identified learning points – There is no legislative provision or existing structure to provide for this level of review therefore the next steps will require for the development of a suitable mechanism and consideration as to suitable cohort of critical friends.
There are a number of factors that need to be considered in respect of the implementation of such panels including:
- The Senior Responsible Officer for such panels to be identified and the points of contact for the practical considerations and the chairing of the panels.
- The police role within this panel structure – are they to chair, how will people feel that they have the ability to consider / address such issues that are identified.
- Is there a requirement for an independent chair – how are they appointed, is this an additional role, is this a paid role.
- The vetting requirements of the panel members and how this is progressed and by whom.
- How the panel findings are considered and then approved – how this information is then shared with the public, is it appropriate to do so, how many panels need to sit before there is suitable anonymity to be able to publish such findings. This will have to give consideration to the legal parameters of maintaining victim / offender anonymity.
- The requirement for agreed ToR and / or legislative provisions to implement the same.
- Post panel actions – who will be responsible for the actions and the updates in respect of the actions, the accountability and reporting / Governance structure.
The consideration is first to ensure that there is an effective internal / partner quality assurance in place and work towards a wider consideration for external partners including those representing victims and survivors of sexual violence and abuse.
This is not an action within the VAWG action plan that will progress to implementation quickly however the consultation discussions are likely to continue further in the New Year.
Linda Dillon MLA - Sinn Féin