Ministry
of Defence Police |
CO-ORDINATED POLICING PROTOCOL BETWEEN
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Home Office Circular: 24/2002
Date for Implementation : 3 May 2002This Protocol replaces HOC 17/1999 dated 25 March 1999 following the enactment of the Anti-terrorism, Crime and Security Act 2001 which amended the Ministry of Defence Police Act 1987 and provides for the Ministry of Defence Police to act outside MOD property in certain circumstances.
The Parties to the Protocol are the Chief Constable of the Ministry of Defence Police and Chief Constables of Home Office forces in England and Wales operating under the Police Act 1996.
This protocol provides for an efficient and effective working relationship between the Ministry of Defence Police and Home Office police forces, outlining where necessary areas of responsibility and accountability. It makes provision for consultation and co-operation between the two parties, with the aim of delivering the best policing on the ground.
This protocol also outlines how the parties intend that the extended jurisdiction given to the Ministry of Defence Police (in the Anti-terrorism, Crime and Security Act 2001) to act in support of Home Office forces, including in immediate and urgent circumstances, will be exercised
1. Primary responsibility for the maintenance and enforcement of the criminal law throughout England and Wales rests with the chief officers of the "1996 Act" Police Forces (hereinafter described as "local Chief Constables" and "local police forces"). References within this protocol to a local chief constable shall include the Commissioner, Deputy Commissioner and Assistant Commissioners of the Metropolitan Police Service and the City of London Police where appropriate.
2. Recognising the mutuality of the agreement, the Chief Constable of the Ministry of Defence Police and local Chief Constables will endeavour to ensure regular consultation and timely exchange of information on matters of shared interest specifically in relation to:
(i) policing matters which fall under the jurisdiction of the Chief Constable of the Ministry of Defence Police; and
(ii) cases or suspected cases of criminal offences concerning Ministry of Defence Property, which come to the notice of local Chief Constables.
Investigation of criminal offences
3. The responsibility for the investigation of criminal offences committed within the jurisdiction of the Ministry of Defence Police Act 1987 as amended by the Anti-terrorism, Crime and Security Act 2001 will rest with the Chief Constable of the Ministry of Defence Police.
4. However, in relation to any crime or suspected crime of terrorism, or any incident involving sudden deaths within Ministry of Defence property, that force will take any immediate action necessary whilst simultaneously informing the local Chief Constable. Thereafter, the local Chief Constable in consultation with the Chief Constable of the Ministry of Defence Police will determine how the investigation should proceed.
5. Crime occurring within the jurisdiction of the Ministry of Defence Police will often have implications for local police forces. Similarly crime occurring outside such jurisdiction, investigated by local police forces, may have implications for the Ministry of Defence Police in their role. For example the Ministry of Defence Police may be investigating an offence of dwelling burglary which forms part of a series of crimes being investigated by a local police force where cross-referring of intelligence and forensic evidence is essential. The reverse will also be true.
6. The importance of continued inter-force liaison, mutual support and co-operation at all levels is recognised and encouraged as an important facet of these arrangements. For example, it is recognised that in a small minority of cases the Ministry of Defence Police may not have the appropriate resources to deal comprehensively with a particular crime. It is also the case that the Chief Constable of the Ministry of Defence Police does not wish to circumvent established multi-agency approaches to some serious offences, for example certain offences relating to children. In these cases it is therefore essential that dialogue between the Chief Constable of the Ministry of Defence Police and the local Chief Constable is maintained.
Mutual aid
7. Under the Anti-terrorism, Crime and Security Act 2001, the Chief Constable of the Ministry of Defence Police may, at the request of a local Chief Constable, provide mutual aid and/or police assistance to that particular force for the purposes of enabling that local police force to meet operational demands.
8. This is most likely to be in support of Defence related tasks, major civil emergencies or the provision of specialist policing capabilities, such as marine policing. Where such assistance is provided, Ministry of Defence Police officers will be under the operational control of the local Chief Constable from the requesting force, and will have the same police powers as officers of that force.
9. During any period of mutual aid, officers of the Ministry of Defence Police will be deployed under the overall command of the senior officer of the local police force responsible for policing the operation. Prior to each operation, the local police force concerned will ensure that Ministry of Defence Police officers on mutual aid duties are fully briefed regarding intelligence, risk assessments, operational deployments and tactics.
Extended jurisdiction
10. Generally, jurisdictional requirements mean that the powers available to the Ministry of Defence Police are restricted to Ministry of Defence land and property within the United Kingdom or Ordnance Company, who makes/develops Ordnance or a Dockyard contractor, who provides designated services for naval, military or air force purposes (as defined in section 2 of the Ministry of Defence Police Act 1987). The Anti-terrorism, Crime and Security Act 2001 allows officers of the Ministry of Defence Police to exercise constabulary powers outside the vicinity of MoD property and elsewhere in the following circumstances:
a) if requested by a constable of a local police force to assist them in the execution of their duties in relation to a particular incident, investigation or operation.
b) when they suspect on reasonable grounds a person of having committed, being in the course of committing or about to commit an offence, or that they need the powers and privileges of a constable in order to save life or to prevent or minimise personal injury. Ministry of Defence Police officers can only act in these circumstances if they are in uniform or have documentary evidence that they are a member of the Ministry of Defence Police and they believe on reasonable grounds that they should exercise these powers without securing the attendance of, or a request for assistance from, another constable under (a) as this would frustrate or severely prejudice the purpose for which they believe the power should be exercised.
c) under the provisions of 'Mutual Aid' as set out above.
11. It is envisaged that requests for assistance from local police forces should normally arise from incidents, investigations or operations that impact upon the Ministry of Defence Police or their policing jurisdiction. They should not be routinely requested to exercise powers outwith their normal jurisdiction on policing tasks unrelated to Defence. However, this should not prevent requests for Ministry of Defence Police assistance in any case where there is a real risk to life or where police officers require urgent assistance.
12. The primary role of the Ministry of Defence Police continues to be to provide law and order policing services to the Ministry of Defence estate and community. Other than in the circumstances set out under 'Mutual Aid' above, Ministry of Defence Police officers will not normally seek to exercise powers in their extended jurisdiction to deal with other matters unless they come across an incident requiring police action whilst in the course of their normal duties.
13. Whenever Ministry of Defence Police officers exercise police powers under this 'Extended Jurisdiction' the Chief Constable of the Ministry of Defence Police will ensure the local Chief Constable is notified as soon as possible.
Anti-Terrorism Powers - Superintending and Chief Officer ranks
14. The Anti-terrorism, Crime and Security Act 2001 amends the Terrorism Act 2000, so as to grant officers of the Ministry of Defence Police, powers to erect cordons and to stop and search under the Terrorism Act 2000. Ministry of Defence Police officers of the rank of Superintendent and above have the powers to authorise the erection of cordons on MOD land; or at the request of a local police force, within the area of the requesting police force. In the case of the latter, the Chief Constable of the Ministry of Defence Police should consult with the appropriate local Chief Constable(s) before such an authorisation is made, unless the power is required urgently. In this event, contact will be made with the local Chief Constable(s) as soon as possible. Officers of the rank of Assistant Chief Constable and above can authorise stop and search powers under the Terrorism Act 2000, only on MOD land.
Accountability and liability of Ministry of Defence Police officers exercising powers in extended jurisdiction
15. The following is intended to clarify the question of the accountability and vicarious liability of Ministry of Defence Police officers when exercising powers in their extended jurisdiction, in line with the general principles of vicarious liability of Chief Constables.
16. Where Ministry of Defence Police officers exercise policing powers outside their normal jurisdiction in circumstances set out under 'Extended Jurisdiction', the Chief Constable of the Ministry of Defence Police remains vicariously liable for all of the actions of those officers and for dealing with any consequential claims or actions. This includes those cases where those officers were responding to a specific incident without prior formal 'Mutual Aid' arrangements between forces.
17. As a general principle, the Chief Constables of the Ministry of Defence Police and the local police force will each assume a sole and individual responsibility for damages and costs arising out of any civil liability or injury occurring as a result of the actions of their own officers whilst engaged in 'Mutual Aid' duties. This is regardless as to whether the incident takes place whilst the officers are under the overall supervision of an officer from the other force, unless there is specific legal advice placing sole liability on a single Chief Constable for all actions or that liability should be jointly shared between each of them.
18. Costs and damages arising directly from the operational strategy will be met by the local police force. The local Chief Constable will also indemnify the Ministry of Defence Police officers against accidental personal injury whilst engaged on formal 'Mutual Aid' duties away from the MOD estate.
19. In prescribing the policies and procedures to be followed by Ministry of Defence Police officers when exercising police powers under the extended jurisdiction provided under the Anti-terrorism, Crime and Security Act 2001, the Chief Constable of the Ministry of Defence Police will pay due regard to the policing policies of ACPO and ACPOS, respectively.
Complaints against Police
20. Nothing in this protocol over-rides the responsibility placed upon the Chief Constables of the Ministry of Defence Police and the local police forces to record and investigate complaints made about the conduct of their officers. Rather, the following sub-paragraphs suggest a preferred method of dealing with such matters subject to the Chief Constable's approach in each instance. Where a complaint against police connected with the deployment of mutual aid officers is made, the following general rules will apply:-
(i) The geographical location of the incident from which an individual complaint or allegation arises will inform the decision as to which force will conduct the investigation but will not be the sole determinant. In this section the force in whose area the incident is geographically located is referred to as the home force.
(ii) If officers from both the Ministry of Defence Police and the home force to whom aid is being provided are involved in the complaint or allegation then the home force will normally investigate all officers provided the respective Chief Constables agree. If only officers from the home force are involved the investigation remains with that force.
(iii) If only officers from the Ministry of Defence Police are involved that force will normally carry out the investigation. However, if the Chief Constable of that force agrees, the home force may undertake the investigation.
(iv) Where the identity of the officer(s) complained of is unclear, the home force will be responsible for initiating an investigation. When the identity of the officer(s) is finally established the further investigations will be dealt with as outlined as above.
(v) In the event that one or more of the forces considers any complaint to qualify for voluntary referral to the Police Complaints Authority, the other affected force will be consulted before any such voluntary referral is initiated.
Policing of married quarter estates
21. Ministry of Defence Police are entitled to police all Ministry of Defence married quarter estates. However, in the interests of efficient and effective policing, the Chief Constable of the Ministry of Defence Police and the local Chief Constable should consult with each other to reach agreement, which reflects local circumstances.
Traffic control and escorts
22. Primary responsibility for the control of traffic on public roads rests with local Chief Constables. Whenever an escort is to be provided by the Ministry of Defence Police of any vehicle carrying a dangerous load, any exceptionally sized vehicle, or any convoy of vehicles on public roads, the Chief Constable of the Ministry of Defence Police will provide the local Chief Constable with advance notification of the route to be taken.
23. Arrangements for the escort of nuclear materials should be made in accordance with the Report of the ACPO Terrorism and Allied Matters Committee's Working Group on the Transportation of Nuclear Materials 1998.
Armed deployment of Ministry of Defence Police
24. Apart from escort duties as described above, Ministry of Defence Police officers will only be deployed on armed duties on public roads after prior agreement between Chief Constable of the Ministry of Defence Police and the local Chief Constable for that area. In such circumstances, the method in which firearms are carried will be specified in the agreement. Ministry of Defence Police officers engaged on armed duties will not use the powers summarised in the 'extended jurisdiction' paragraphs 10-13, unless all their weapons are first secured within a locked gun safe.
Charges for policing services provided by Ministry of Defence Police
25. When a Ministry of Defence Police officer is acting under the remit of the 'extended jurisdiction' paragraphs 10a and 10b, no charge for that service will be made against the requesting local police force.
26. Where the police assistance is provided by Ministry of Defence Police in response to a formal request for mutual aid, the charges for these services will be agreed between the Chief Constable of the Ministry of Defence Police and the requesting local police force.
Contact and consultation between Chief Constables
27. Except in respect of mutual aid (which will be dealt with at Chief Officer level), where, in any of the above paragraphs, an undertaking has been given by the Chief Constable of the Ministry of Defence Police in connection with this co-operation, consultation, or the advising of certain matters to a local Chief Constable, this may be delegated to appropriate local officers within the Ministry of Defence Police and the local police forces for day to day operational matters.
© crown copyright 2002
Last Updated: 28 Oct 05
