Not Protectively Marked
Document Last Updated 30/09/2005 - 14:44:48
Racist Incidents and Cultural Awareness - R 4
Policy1.
Northern Constabulary (referred to herein as "the Force") is committed to making "a positive contribution to the wellbeing of the Highlands and Islands, through a problem-solving approach to community policing".
2. This goal underpins all of the work the Force engages to do in seeking to serve its community.
3. The Force recognises and accepts the importance and high priority in giving quality of service and proper support to members of ethnic and other minority groups within the Highlands and Islands area.
4. The Force (responding to the recommendations of the report by William MacPherson of Cluny into the murder of black teenager, Stephen Lawrence, in London in 1993 and subsequent ACPOS recommendations) found the opportunity to review not just how we deal with minority ethnic groups but, more widely, how we engage with, and serve, persons of other minority status where the motivating factor to their being a victim of crime, hostility, abuse or unfair treatment, may be their minority status.
5. Individual needs, multi-faceted as they are, in a society characterised by increasing diversity of ethnicity and lifestyle, require a police service that is mature enough to welcome that diversity as integral to policing. We must recognise too that the emotional gravity of a racist incident may be far greater than that caused by minor physical injury or financial loss suffered by victims.
6. The Force recognises that individuals from minority groups may need reassuring and special considerations, when members of such groups have been subjected to violence or other crimes as a result of their minority status. These groups include persons from ethnic minorities, the elderly, the homeless, travellers, sufferers of physical/learning disabilities and victims of domestic violence.
7. Therefore, the Force Executive, led by the Chief Constable, states unequivocally that the organisation of, and individuals within, the Force will be completely opposed to racism and prejudice in any form.
8. The Force has adopted the principles contained in the ACPOS Racial Diversity Strategy and accompanying Guidance Manual and will pursue a policy, which has the following objectives:
(a) develop the trust held in the Force by ethnic and minority groups within the community
(b) make the Force area free from intimidation and one in which any person is able to live without fear of crime and harassment.
9. The Force Executive recognises its role and responsibility in delivering this policy in a manner which will raise the awareness of the people within the organisation to their accountability in ethnic and minority issues.
10. The Head of Operations, as a member of the Force Executive, will therefore ultimately assume responsibility for the directing of, progression of, and review of, this policy in all its spheres. This will involve reporting on the progress of the policy at the internal Force Executive Advisory Group, Force Policy Forum and annual Strategy Seminar, which informs the Force Action Plan.
11. Similarly, it is recognised that the importance of raising the awareness of the public to their responsibility is necessary in order to achieve the overall aim of eliminating any form of criminal behaviour targeted at ethnic and other minority groups.
12. In the development of this policy, the Force clearly states, as a priority objective, the elimination of any criminal behaviour targeted towards ethnic and other minority groups within the community it serves.
13. The Force foresees, with the progression of this policy, that ethnic and other minority communities will increase their trust and confidence in the Force being able to contribute to the solving of their problems and to protect them from criminal behaviour, harassment and any fear of such.
14. This outcome and result will only be achieved with the co-operative and consultative workings of the well established inter-agency processes pursuing the common good of acting "against prejudice together".
Standards
1. GENERAL
1.1 Relations between the police and all individuals in ethnic and other minority groups can be a sensitive issue, particularly when problems are easily created through misunderstanding or ignorance. In our efforts to make a positive contribution to the wellbeing of the Highlands and Islands, it is important that incidents of a racist nature are promptly and correctly dealt with. Any impression of disinterest shown when incidents of a racist nature are reported can quickly erode the confidence of minority groups in the police. Consequently, all steps, which might lead towards the elimination of unlawful discrimination and the promotion of good relationships between individuals and groups, will be taken by members of this Force.
1.2 It is important that potential situations of racist unrest or other tension indicators in the community are quickly identified and responded to in a problem-solving manner. This should minimise the highly adverse effect such situations can have on both the victims and their communities.
2. DEFINITION
2.1 The Force accepts the definition of a racially motivated incident as:
"A racist incident is an incident which is perceived to be racist by the victim or any other person."
3. POLICE ACTION
3.1 Reporting and Recording of Racist Incidents
3.1.1 Encourage and Facilitate Recording:
(a) Staff involved in the investigation of racist incidents will ensure all victims of racist behaviour are treated in a sympathetic and non-judgmental fashion in the enquiry into the incident.
(b) The Force will develop systems to encourage and facilitate the reporting of incidents of racist behaviour by entering into a joint process with other relevant agencies. This will afford individuals free and easy access to report racist crime clear from intimidation.
3.2 Prompt and Focused Response
(a) Staff will ensure the priority given to reported incidents of a racist nature is treated as a "HIGH" response and will provide a full update to the complainer within 48 hours of the incident's occurrence.
(b) The incident logging screen on IMPACT will be updated confirming this has been done.
(c) The outcome of the enquiry into a reported racist incident will be confirmed to the complainer and a record of the victim's satisfaction noted. This will be recorded in the following way:
i. in the case of non-crime incidents, by updating the incident logging screen on IMPACT
ii. in the case of crime incidents, by following the procedure as detailed in the Crime Management Handbook.
(d) All communication reported will be sent to the complainer in a language, which he/she understands.
3.3 Comprehensive Recording and Monitoring
(a) An incident can be of either a criminal or non-criminal nature. It can include violence against the person, threatening or abusive words or behaviour, vandalism, slogan writing, leafleting, etc. Regardless of the category of the incident, all racist incidents coming to the notice of the police will be recorded on the IMPACT system under the heading of "RI" – "Racial Incident". If subsequent inquiry reveals that the matter is not racist, an explanation will be recorded on IMPACT and the matter will be re-coded.
(b) Area Commanders/Area Inspectors will be informed of any incident of a racist nature at an early stage and at least within 24 hours of the occurrence thereof, and consulted regarding the appropriate course of action.
(c) Details of every racist incident will be forwarded by the Reporting or Investigating Officer to the Force Community Safety Officer, Operational Support Service Unit within 24 hours of the report. The report on Form OP/51/12 will specify the exact nature of the incident and full details of both the victim and offender. Details of previous racist incidents committed by the offender and previous incidents against the victim will be also be highlighted.
(d) Completed OP/51/12 Forms will be routed through the Area Commander who will consider what local action should be taken at that early stage; this will allow him/her to identify and respond to local trends.
(e) When a report containing an element of racist or suspected racist motivation is submitted to the Procurator Fiscal, this will be indicated by means of the charge aggravation code on the front page and an outline in the antecedents. The electronic Racist Crime Monitoring Form will require to be completed before the report can be transmitted.
(f) Where any person has been searched for drugs, stolen property, firearms, offensive weapons or alcohol whether under legal basis, warrant or voluntary basis, the self-defined ethnicity of that person must be recorded in accordance with the Stop/Search Ethnicity Monitoring Force Reference Document S23 and the electronic form on the COE completed and transmitted.
(g) Performance Indicators will be collated by Criminal Justice Administration in regard to aspects of racist incidents required for the performance indicators package. Details required for the Audit Plan of this Force Reference Document, as contained in the guidance section, will also be produced by Criminal Justice Administration.
4. INVESTIGATION OF RACIST CRIME
4.1 In accordance with the detailed guidance contained in the Force Crime Management Handbook, staff involved in investigating incidents of a racist nature will adhere to the procedure and processes as given therein. Officers must also be aware of, and refer to, the Lord Advocate’s Guidelines relating to the investigation of racist crime.
4.2 Victim Support
4.2.1 In accordance with the Service Level Agreement the Force has with the Victim Support Scheme, staff will ensure proper support for victims and witnesses involved in racist incidents.
4.2.2 Automatic referral to the Victim Support Scheme of victims of racist incidents will be made, unless the said victim decides to opt-out from such referral. The write-off screen on the IMPACT system will be endorsed accordingly. Refer to Appendix A of the Guidance Section.
4.2.3 Other agencies to which to refer the victims of racist incidents are:
The Commission for Racial Equality Grampian Racial Equality Council
"The Tun" 168 Market Street
12 Jackson’s Entry Aberdeen
Off Holyrood Road AB11 5PP
Edinburgh
EH8 8PJ
Tel: 0131 524 2000 Tel: 01224 595505
Highland Against Racist Crime Black and Ethnic Minority
Victim Support Highland Infrastructure in Scotland (BEMIS)
29 Tomnahurich Street Assynt House
INVERNESS Beechwood Park
IV3 5DU INVERNESS
Tel: 01463 710806 Tel: 01463 704977
4.2.4 Further details in regard to the Victim Support Scheme can be found in Force Reference Document V1 entitled "Victim Support".
4.2.5 Police Officers may also be the subject of Racist Incidents and require support in this regard. Line Managers should be aware of the need to counsel staff in such circumstances to guage the requirement for any further intervention.
4.2.6 Form OP/51/12 has the faclity to identify Police Officers who have been subjected to Racist Incidents. Advice as to trends and repeat Incidents is available from the Force Community Safety Officer, which may assist decisions on the support interventions that officers may require.
4.3 Legislation
4.3.1 The legislation which staff will consider applying when investigating offences of a racist nature are:
(a) The Public Order Act 1986, Sections 17-23
(b) The Crime and Disorder Act 1998, Section 96
(c) The Criminal Law Consolidation (Scotland) Act 1995, Section 50A
4.3.2 A comprehensive training digest on these offences has been circulated to all Area Commands and Service Units. It is also available for access on the Northern Constabulary Website "NoW". This digest gives further advice on the use of police powers in respect of racist offences.
4.3.3 It should be remembered that common law crimes should also be considered when aggravated by racist conduct.
5. LORD ADVOCATE'S GUIDELINES TO CHIEF CONSTABLES INVESTIGATION AND REPORTING OF RACIST CRIME
5.1 Recommendation 12 of the Lawrence Inquiry Report by Sir William MacPherson states that
"A racist incident is any incident which is perceived to be racist by the victim or any other person".
5.2 The Scottish Executive has accepted this definition for the purposes of the reporting to, and recording of, racist crime by the police. The definition does not alter the onus or the standard of proof in criminal proceedings. It remains the case that the prosecutor requires to be satisfied that there is sufficient evidence to proceed before criminal proceedings may be taken against any individual, in respect of allegedly racist crime.
5.3 It is of crucial importance, however, that the prosecutor is advised whether the victim or any other person has perceived an incident to be racist.
5.4 The Lord Advocate therefore directs that in the investigation of crime, police officers must ascertain the perception of the victim and witnesses as to the motive for the crime. This must be fully investigated and clearly recorded. If racism is perceived to be a factor by the victim or witnesses, this should be investigated and evidence recorded. Police officers should bear in mind that victims of racism may be reluctant to express their fears or beliefs, including their belief that an incident has been motivated by racism and that victims reporting racism may often be doing so against a background of previously unreported racism. It will be necessary for officers, in such cases, to make every effort to ascertain the true perception of the victim as to the motive for the crime.
5.5 The Procurator Fiscal should always be advised in police reports of the perception of the victim and witnesses as to motive. The Procurator Fiscal should always be advised of the existence and provided with a copy of the Racist Incident Monitoring Report.
6. POLICING OUR COMMUNITIES
6.1 Accountability
6.1.1 Each Area Commander will assume responsibility for the promotion of proper race relations within their respective Command Areas.
6.1.2 This will involve reporting at Performance Review Meetings with the Head of Operations on progression of policy issues in this field and in accordance with the Audit Plan contained in the Guidance Section of this Force Reference Document.
6.1.3 The Head of Operations, as holder of the Race Relations portfolio and in accordance with the Audit Plan for this Force Reference Document, will thereafter feed such reports into the Force Executive Advisory Group Meeting, the Force Policy Forum and the Annual Strategy Seminar.
6.1.4 The Head of the Operational Support Service Unit will report, in accordance with the Audit Plan contained within the Guidance Section of this Force Reference Document, at the Performance Review Meetings with the Head of Operations.
6.1.5 The performance indicators, included in the Force Policing Plan, will form the basis for such reporting and feedback.
6.2 Lay Advisor Scheme
6.2.1 The Force will develop a partnership with independent Lay Advisors who will have a clear remit to advise and be consulted on the wide spectrum of race relations across the Force area.
6.2.2 Each Area Commander will similarly establish an independent and sustainable Lay Advisor Scheme having a clear remit to advise and consult on the wide spectrum of race relations issues within the Area Command.
6.2.3 The development of partnerships in this area will assist the Force in cementing its credibility and accountability.
6.3 Multi-Agency Working
6.3.1 The Force recognises the need for increased co-operation and consultation between the relevant agencies in confronting and resolving policing problems, particularly in regard to racist behaviour.
6.3.2 The Force is committed to further strengthening links with the community in order to find enduring and satisfactory solutions to racist behaviour.
6.3.3 Through the auspices of the Wellbeing Alliance and the Highland Alliance for Racial Equality ("HARE") a system of "remote reporting" of racist incidents through avenues other than the police alone has been formatted.
6.3.4 Area Commanders will endeavour to establish processes within their own areas to expand the efficiency of multi-agency working in dealing with ethnic and other minority groups.
6.3.5 Consideration will be given to contacting and sharing information with other agencies, e.g., Housing, Education, Social Work, Health, Local Authorities, Racial Equality Groups, etc., who may also be investigating related complaints.
6.3.6 In the sharing of information in this way, staff will refer to the protocols contained in the Force Reference Documents D9 entitled "Data Protection" and I16 – Information Sharing.
6.4 Race Relations Officer/Crime Prevention Officer
6.4.1 Area Commanders will appoint Race Relations Officers for their own areas, who will be responsible for monitoring and developing Area Command performance in the field of race relations.
6.4.2 A copy of the job description of a Race Relations Officer is as follows:
(a) collate racist incident statistics
(b) identify trends in racist crime
(c) develop quality initiatives in promotion of Police race relations
(d) identify and develop best practice in Police race relations
(e) monitor racist incidents to ensure policy is adhered to
(f) audit OP/51/12 Forms
(g) liaise with Lay Advisors
(h) attend Multi-Agency Forum
(i) collate Multi-Agency Reporting Forms
(j) collate information for performance indicators package
(k) develop Force policy in Police race relations.
6.4.3 Community Safety Officers, Crime Prevention Officers and, where appointed, Race Relations Officers, will also assist in developing pro-active preventive-led measures in tackling incidents of racist behaviour which will include:
(a) education and awareness raising
(b) intelligence-led and evidence gathering enforcement of relevant legislation
(c) victim-centred prevention (target hardening)
(d) environmental scanning of the community to gauge demographic change.
6.5 Understanding and Awareness
6.5.1 Area Commanders will, in accordance with the directions contained in Force Reference Document I5 entitled "Interpreters (Foreign Language) Police Enquiries", establish local contacts for use as Interpreters and will ensure such Interpreters are broadly representative of the cultural diversity of the local community. Lists of local Interpreters are held within the Force Operations Room. There can be difficulties in accessing appropriate interpreting services for the police and, in cases of serious incidents or where there is any ambiguity, then the SIO or Detective Inspector should be consulted.
6.5.2 In relation to accused persons appearing in Court from custody, then protocols in respect of Interpreters' qualification to a standard approved will require to be followed. To this end, the services of Alpha Interpreters have been engaged by the Court services and its central contact number is also held within the Force Operations Room.
6.5.3 The Force Community Safety Department will develop processes to ensure minority ethnic communities are given improved understanding of Force information.
7. RECRUITMENT AND CAREER DEVELOPMENT
7.1 Recruitment
7.1.1 In accordance with Force policy in regard to recruitment, selection and promotion of staff, the Director of Human Resources will take all possible steps to ensure the workforce composition truly reflects the ethnic spread of minorities within the community and takes positive action to encourage recruitment from ethnic minorities, where appropriate.
7.2 Career Development
7.2.1 In accordance with Force policy in regard to Equal Opportunity, the Director of Human Resources will ensure such equality of opportunity is afforded to all officers irrespective of race, age, sex and gender and that career progression processes afford quality to all.
7.3 Review and Monitoring
7.3.1 The Director of Human Resources will ensure procedures are in place to review the Force workforce composition and assess the impact on people from different ethnic groups of personnel procedures in order that barriers are identified and action is taken to remove them.
7.3.2 The Director of Human Resources reports on all Human Resource policies and is responsible for monitoring and auditing such policies to ensure discrimination is eliminated.
7.3.3 The Director of Human Resources will report the progression of matters contained within the Audit Plan contained in the Guidance Section of this Force Reference Document at the Performance Review Meeting with the Deputy Chief Constable.
8. TRAINING
8.1 Quality
8.1.1 The Director of Human Resources will ensure all members of staff receive appropriate awareness training in order that ethnic and other minority groups within the community are given a consistently high level of service from properly and effectively skilled staff.
8.2 Method, style and content
8.2.1 All trainers in community and race relations will be skilled to the appropriate level.
8.2.2 Members of ethnic communities will be involved in the training process, where appropriate.
8.2.3 Measures to ensure the spread and dissemination of good practice in this area of training will be pursued.
8.2.4 Members of ethnic minorities will be involved in the training process.
9. FAIR PRACTICE
9.1 Intolerance
9.1.1 With appropriate training and awareness and, in consistency with the Force policy on Equal Opportunities, each member of staff will strive to eliminate any form of harassment or prejudice against any ethnic or other minority group within the organisation.
9.2 Appraisal
9.2.1 Supervisors will utilise the Staff Appraisal System to ensure, where relevant, staff are appraised on their performance in regard to matters of racial equality and other minority groups.
9.2.2 The Director of Human Resources will review the Staff Appraisal process and will monitor for any racial bias or prejudice against other minority groups.
9.3 Complaints Against the Police
9.3.1 The Force will continue to follow national procedures in the investigation of complaints against the Police.
9.3.2 The Force will establish a process of analysing such complaints by ethnic groups.
9.3.3 Complainers will be informed within 48 hours of the initial response to their complaint.
9.3.4 Complainers will be informed as to the outcome of the investigation into their complaint and the level of their satisfaction will be recorded.
9.3.5 The Force will vigorously pursue, with disciplinary and criminal proceedings, any behaviour which amounts to harassment or prejudice against ethnic or other minority groups.
10. GRIEVANCE PROCEDURE
10.1 The Force has in place comprehensive policies relating to Harassment and Bullying at Work, Grievance and Equal Opportunities. Force Reference Documents have been created on these areas and can be found at H1, G1 and E2 respectively.
10.2 Very obviously, racist conduct and discrimination is wholly unacceptable and will not be tolerated and any staff member who is subjected to such conduct must feel secure in the knowledge that the Force, through these policies and procedures, will swiftly and earnestly address his/her concerns.
11. RACIST CONDUCT BY THE PUBLIC TOWARDS FORCE EMPLOYEES
11.1 It is important to remember that officers and support staff can, in carrying out their duties, be at risk of racist abuse or other conduct which, just as would be the case with a victim in the community, can have a demoralising and detrimental effect on them and their families. Therefore, all racist incidents, where the victim is a serving member of the Force, will be reported and treated in the same manner as if that conduct had been towards a member of the public. In addition to following the usual procedures, the Line Manager of the officer or support staff member will, where appropriate, visit them and, if requested, offer the services of professional counselling through the Force Welfare Officer.
12. MEDIA MANAGEMENT – LIAISON WITH PROCURATOR FISCAL
12.1 The following instructions have been agreed between ACPOS, the Crown Office and the Fiscal Service.
12.2 Whenever possible, no public comment should be made by the Police as to whether a crime was racially motivated (or aggravated) without first consulting the Procurator Fiscal.
12.3 The Procurator Fiscal should always be provided with a copy of any press release issued by the Police during the progress of a criminal case.
12.4 In particular, racism should never be ruled out as a motivating or aggravating feature of a crime without discussion with the Procurator Fiscal.
12.5 The only exception is on occasions where there is clear evidence to this effect and where speed of events, or public order considerations, do not make it possible or viable for the Police to contact the Procurator Fiscal before making some form of public announcement to the Press. Such considerations should be made at Inspector level or above in consultation with the Force Media Adviser.
12.6 In such circumstances, a full assessment should be conducted soon after as to the basis of the decision in order to ensure every effort was made to contact the senior Procurator Fiscal for such consultation in order to comply with the original direction.
12.7 This instruction covers communication to the Media and third parties (such as Local Community Groups or representatives).
12.8 Area Procurators Fiscal should ensure that a system is in place to allow the Police to have access outside office hours to a senior Procurator Fiscal (Assistant Procurator Fiscal/District Procurator Fiscal or above) for such consultation. The on-call Fiscal should be equipped with the necessary information/contact numbers in order to arrange this, when necessary.
13. AUDIT OF REFERENCE DOCUMENT AND CRIME REPORTS
13.1 The Area Commander, Ross, Cromarty and Skye, has responsibility for the audit of this Force Reference Document on Racist Incidents and Cultural Awareness.
13.2 As part of the audit process, the Area Commander or his nominated representative will sit on the Race and Diversity Committee and will amend the document in accord with text provided by the Committee.
13.3 The Area Commander, Inverness, has the responsibility of auditing all racist/racially motivated incidents resulting in a crime report. Each report will be audited in respect of: -
(a) Compliance with the Lord Advocate’s Guidelines and Force instruction.
(b) Investigation of the crime and evidential content of report.
(c) Details on the IMPACT entry in respect of investigation and liaison with the victim.
(d) Submission of Racist Incident Monitoring Report.
(e) Submission of Ethnic Search Monitoring Form.
Guidance
1. PERFORMANCE INDICATORS
1.1 The following will be recorded by Criminal Justice Administration ("CJA") and Operational Support:
(a) number of racist incidents per Area Command (provided by Operational Support)
(b) number and percentage of racist incidents resulting in crimes per Area Command (provided by CJA)
(c) number and percentage of racist incidents detected per Area Command (provided by CJA).
2. PERFORMANCE REVIEW
2.1 Area Commanders, at their Performance Review with the Head of Operations, will be in a position to evidence:
(a) number and percentage of racist incident complainers referred to Victim Support Scheme
(b) number and percentage of racist incidents involving repeat victims/offenders
(c) number and percentage of racist incidents notified to Area Commander within 24 hours
(d) number and percentage of racist incident complainers updated within 48 hours
(e) number of OP/51/12 Forms submitted to Community Safety
(f) number and percentage of problems of a racist nature identified and resolved through problem-solving policing.
2.2 The Director of Human Resources at his/her Performance Review with the Deputy Chief Constable will evidence:
(a) ethnic minorities as a percentage of workforce/specialist post selection/promoted/applied for such/resigned
(b) number of grievances of a racist nature raised and resolved.
2.3 The Head of Operational Support at his/her Performance Review with the Head of Operations will evidence:
(a) number of racist incidents Force-wide and per Area Command (provided by Operational Support)
(b) number and percentage of racist incidents resulting in crimes Force-wide and per Area Command (provided by CJA)
(c) number and percentage of racist incidents detected Force-wide and per Area Command (provided by CJA)
(d) number of complaints of racist nature raised.
3. STATISTICAL INFORMATION
3.1 Monthly results are collated by CJA and Operational Support. These figures are published within the Force Performance Pack and this is the subject of Performance Review by the Head of Operations.
3.2 The following audit results are retrievable and responsibility for collation is as follows:
(a) number of racist incidents Force-wide (provided by Operational Support)
(b) number and percentage of racist incidents resulting in crimes Force-wide (provided by CJA)
(c) number and percentage of racist incidents detected Force-wide (provided by CJA)
(d) number and percentage of racist incident complainers referred to Victim Support Scheme Force-wide (provided by Head of Operational Support)
(e) number and percentage of racist incidents involving repeat victims/offenders Force-wide (provided by Head of Operational Support)
(f) number and percentage of racist incidents notified to Area Commander within 24 hours Force-wide (provided by Head of Operational Support)
(g) number and percentage of racist incident complainers updated within 48 hours Force-wide (provided by Head of Operational Support)
(h) number of OP/51/12 Forms submitted to Community Safety (provided by Head of Operational Support)
(i) development of Best Practice (provided by Head of Operational Support)
(j) development/meetings/actions from multi-agency groups (provided by Head of Operational Support)
(k) number of Multi-Agency Forms raised (provided by Head of Operational Support)
(l) ethnic minorities as a percentage of workforce/specialist post selection/promoted/applied for such/resigned (provided by the Director of Human Resources)
(m) review of personnel processes (provided by the Director of Human Resources)
(n) number of trainers in equality issues (provided by Head of Human Resources)
(o) evaluation of training (provided by the Director of Human Resources)
(p) level of organisations/individuals from ethnic minorities involved in training (provided by Director of Human Resources)
(q) number of grievances of a racist nature raised and resolved (provided by the Director of Human Resources)
(r) level of satisfaction recorded from complainers at (q) (provided by the Director of Human Resources)
(s) number of complaints of a racist nature raised and resolved (provided by Professional Standards and Conduct)
level of satisfaction recorded from complainers at (s) (provided by Professional Standards and Conduct).
