National recommendations and recommendations made to the Metropolitan Police Service - October 2019
Recommendation date: 4 October 2019
Response due: 29 November 2019
Published: 19 December 2019
We made a number of learning recommendations, some national and other to the Metropolitan Police Service (MPS), following our investigation of several conduct allegations referred to us by the MPS.
Recommendations (13)
Recommendation to the MPS
Accepted
Recommendation
Recommendation to the MPS Although our investigation did not find a case to answer for misconduct by anyone in relation to the application process for search warrants, we did find areas where the warrant applications could have been improved. To … Read more
Force Response
Accepted action: Immediate action and current position: November 2019 A Deputy Assistant Commissioner (DAC) has been appointed to oversee the implementation of these recommendations. A Commander provides the strategic oversight in their role as Head of Profession for Investigations and … Read more
Recommendation to the National Police Chiefs' Council and College of Policing (NPCC)
Accepted
Recommendation
Although our investigation did not find a case to answer for misconduct by anyone in relation to the application process for search warrants, we did find areas where the warrant applications could have been improved. We are aware that, in … Read more
Force Response
Accepted action: The College of Policing, the National Police Chiefs’ Council and the Metropolitan Police Service note that the Henriques and IOPC reports identify the significant interference with the right to privacy that searching a person’s premises may involve. We … Read more
Recommendation to Her Majesty’s Courts and Tribunal Service (HMCTS)
Awaiting Response
Recommendation
The current process for applying for search warrants involves a police officer completing an application form which includes providing information under the following headings: the offence under investigation, the investigation material sought, premises to be searched which can be specified, … Read more
Recommendation to the Criminal Procedure Rule Committee
Accepted
Recommendation
Section 10 of a search warrant requires an authorisation - effectively the counter-signing, senior person who authorises the application to go ahead. In order to ensure that there is a record of the authorising officer having considered specific issues, this … Read more
Force Response
Accepted action: At its meeting on 8th November, 2019, the Criminal Procedure Rule Committee considered a reformulation of the requirement imposed on an authorising officer by rule 47.26(5)(b) of the Criminal Procedure Rules and by the 21 forms of application … Read more
Recommendation to the MPS
Accepted
Recommendation
The inclusion of 'N/A' in section 8 of the search warrant application suggested that there was nothing that could undermine any of the grounds of the application. In the Operation Midland investigation, the individual completing the application thought this was … Read more
Force Response
Accepted action: Immediate action and current position: November 2019 Refresher training was made available and published for all staff across the MPS regarding search warrant applications through the internal communications system. Particular attention was drawn to the points of disclosure. … Read more
Recommendation to the PACE Strategy Board
Accepted
Recommendation
The inclusion of 'N/A' in section 8 of the search warrant application suggested that there was nothing that could undermine any of the grounds of the application. In the Operation Midland investigation, the individual completing the application thought this was … Read more
Force Response
Accepted action: The Government and its partners across the criminal justice system recognise the need for improving disclosure in criminal cases. In January 2018 the Crown Prosecution Service (CPS), National Police Chiefs’ Council and the College of Policing came together … Read more
Recommendation to the MPS
Accepted
Recommendation
As part of wider considerations about the searches undertaken, we are aware of concerns linked to communication about the searches. Firstly, there was no a clear explanation given to those affected as to why items that were not detailed on … Read more
Force Response
Accepted action: Immediate action and current position: November 2019 Refresher training was made available and published for all staff across the MPS regarding search warrant applications through the internal communications system. Particular attention was drawn to the points of seizure … Read more
Recommendation to the PACE Strategy Board
Accepted
Recommendation
As part of wider considerations about the searches undertaken, we are aware of concerns linked to communication about the searches. Firstly, there was no a clear explanation given to those affected as to why items that were not detailed on … Read more
Force Response
Accepted action: PACE already requires a list of property seized to be provided (PACE section 16(9), section 21, PACE Code B, section 7). Section 22 of PACE covers retention of items seized and PACE Code B, Section 7 covers both … Read more
Recommendation to the MPS
Accepted
Recommendation
Concerns have been raised about an alleged conflict of interest in the team that conducted a search of one of the properties given that X's family liaison officer was one of the officers present. Although there may have been good … Read more
Force Response
Accepted action: Immediate action and current position: November 2019 Refresher training was distributed to all staff across the MPS through the internal communications system. Particular attention was drawn to who attends the search. This covered both the legal obligation to … Read more
Recommendation to the MPS
Accepted
Recommendation
"The Home Office Large Major Enquiry System (HOLMES) is a case management system/database used by police forces and other law enforcement agencies in the management and investigation of major enquiries. Our investigation found that, although HOLMES was used to assist … Read more
Force Response
Accepted action: Holmes Structure / Governance The MPS accepts the context of this recommendation, regarding engaging with other forces to capture good practice and to develop innovative ways to use HOLMES. The MPS are part of the National HOLMES Strategic … Read more
Recommendation to the MPS
Accepted
Recommendation
In the case of Operation Midland, the rolling log of key consistencies and inconsistencies in X's evidence was a key document. Attempts to establish when and how the document was updated were critical to our enquiries. These were hampered by … Read more
Force Response
Accepted action: Immediate action and current position: November 2019 From July 2018 the MPS implemented a CPIA support programme in the form of 'Disclosure Champions'. Their remit is to support their BCU/OCU colleagues in disclosure issues and to provide advice. … Read more
Recommendation to the MPS
Accepted
Recommendation
It is important, especially in relation to high-profile, complex, serious and organised major crime investigations, that regular periodic reviews of the investigation are carried out. Whilst a review of Operation Midland was undertaken after 12 months, it may have benefited … Read more
Force Response
Accepted action: Immediate action and current position: November 2019 From 2016 the Senior Investigation Officers (SIO) training programme has incorporated a mandatory element regarding understanding the services of the Specialist Crime Review Group (SCRG). This is also embedded in the … Read more
Recommendation to the Ministry of Justice
Awaiting Response
Recommendation
The Ministry of Justice should consider the costs and benefits of implementing audio recording of search warrant application hearings and whether this should form part of the hearing process.
Do you accept the recommendation?
N/A