WILTSHIRE POLICE FORCE PROCEDURE

Transcription

1 WILTSHIRE POLICE FORCE PROCEDURE Ethical Interviews Effective from: August 2012 Version: 3.0 Next Review Date: August 2014

2 TABLE OF CONTENTS PROCEDURE OVERVIEW... 3 GLOSSARY OF TERMS... 3 STRATEGIC PRIORITIES... 3 RELATED POLICIES, PROCEDURES and OTHER DOCUMENTS... 3 DATA PROTECTION... 4 FREEDOM OF INFORMATION ACT MONITORING and REVIEW... 4 WHO TO CONTACT ABOUT THIS PROCEDURE When would an Ethical Interview be held? Who can authorise and Ethical Interview How are Ethical Interview s conducted? Examples of when an Ethical Interview may be held?... 6 Annex A: Introduction to be read at the start of an Ethical Interview... 8 Version Next Review Date: August 2014 Page 2 of 9

3 PROCEDURE PROCEDURE OVERVIEW The purpose of this procedure is to provide instruction and guidance on the conduct of ethical interviews. An Ethical Interview (EI) is a discreet tactic to explore and clarify issues that have been identified as raising concern as to the potential honesty, integrity or vulnerability of a member of Wiltshire Police. The purpose of the EI is to give the staff member an opportunity to put their side of the story and allow Wiltshire Police to make an informed decision, based on all of the relevant information, as to how it can protect Police assets and reduce the risk of Corruption. An EI is not a procedure under the Police (Conduct) Regulations 2008, or Police Staff Discipline Policy. GLOSSARY OF TERMS Term Meaning EI Ethical Interview PSD Professional Standards Department ACU Anti Corruption Unit STRATEGIC PRIORITIES The Force Priorities linked to this document are set out below. Force Priorities Linked to this Policy SP4 Developing sustainable policing RELATED POLICIES, PROCEDURES and OTHER DOCUMENTS This is a 'stand alone' policy and procedure. Although it is not necessary to read it in conjunction with any other policy, it does have a relationship to the Service Confidence Procedure. Version Next Review Date: August 2014 Page 3 of 9

4 DATA PROTECTION Any information relating to an identified or identifiable living individual recorded as a consequence of this procedure will be processed in accordance with the Data Protection Act 2018, General Data Protection Regulations and the Force Data Protection Policy. FREEDOM OF INFORMATION ACT 2000 This document has been assessed as suitable for public release. MONITORING and REVIEW The procedure will be monitored by the Head of PSD through feedback from ACU staff, interviewees, staff associations and other key stakeholders. The Head of PSD will dip sample interviews on a biannual basis in order to insure that they are being proportionately and effectively used. WHO TO CONTACT ABOUT THIS PROCEDURE This Procedure is owned by the Professional Standards Department Anti Corruption Unit. Contact can be made with the department by the following means anti-corruption unit@wiltshire.pnn.police.uk Version Next Review Date: August 2014 Page 4 of 9

5 1. When would an Ethical Interview be held? The interview will take place when intelligence held by the Anti Corruption Unit (ACU) or Professional Standards Department (PSD) concerning an individual has been explored and investigated, using normal and proportional lines of enquiry and has failed to provide a satisfactory explanation. The purpose is to offer the staff member an opportunity to give their account and to be aware of any allegations / rumours that exist against them. It will assist in avoiding lengthy enquiries and prevent unsubstantiated suspicion and taint being labelled against the individual. 2. Who can authorise an Ethical Interview? An EI will be carried out at the direction of an ACU or PSD Inspector and will be carried out by a member of the ACU or PSD. 3. How are Ethical Interview s conducted? Staff who are subject of an EI will normally be given minimal notice (24 hours or less) that the interview is going to take place. This is to reduce any stress or anxiety that the notification may cause whilst still allowing them to make plans around the interview. Their line manager will be notified that the EI is going to take place (again to allow for operational planning) but they will not be informed of the subject matter of the EI, unless it becomes appropriate to do so, or the staff member asks for them to be present during the interview or personally informs them after the interview. It may be that the individual is completely unaware of the circumstances giving cause for concern, or a welfare matter is revealed. In these cases appropriate assistance, advice and support will be offered. Prior to an EI, the relevant staff association will be notified that an EI is going to take place and the proposed location. They will be informed of the identity of the staff member but not the subject matter of the interview. This simply allows for the staff association to make arrangements to provide representation to the staff member, if the staff member would like them to be present. Version Next Review Date: August 2014 Page 5 of 9

6 The staff member will be informed that it is not a criminal or disciplinary, but that should information or evidence be received that identifies that a criminal offence may have been committed or that a breach of the Professional Standards of Behaviour has taken place, then a record of the interview may be produced as evidence and referred to in future criminal or disciplinary interviews. The interview will NOT be after caution and the interviewee will not be obliged to answer any questions. There will be a scripted introduction and conclusion to the interview (please see Annex A). EI s can take place in any private and discreet location and will routinely be recorded using a digital recording device. However, they will only be recorded with the consent of the interviewee. The purpose of recording the interview is to give the staff member reassurance that there will be a fair and accurate record of what has been said. When an interview is recorded, then the staff member will be offered a digital copy of that interview. Following an EI, a summary will be prepared of what has been said. The interviewee will be given the opportunity to comment on its accuracy. 4. Examples of when an Ethical Interview may be held Inappropriate association - this can come in many guises. Computer use that gives cause for concern. Following the receipt of intelligence suggesting wrongdoing by the staff member. If the staff members honesty or integrity has been questioned. Unexplained wealth. Want to Know More? Please contact the Head of the Anti Corruption Unit, Professional Standards. Version Next Review Date: August 2014 Page 6 of 9

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8 Annex A: Introduction to be read at the start of an Ethical Interview. Thank you for agreeing to be interviewed. Please can you confirm that you are happy for this interview to be recorded? The purpose of doing so is so that there is a clear and accurate record of what is said. A digital copy can be made available to you in the future. Yes/No. You are not under arrest and this is not a suspect interview as defined by the Police and Criminal Evidence Act. Therefore, you are free to leave at any time and you are not obliged to answer any questions that are put to you. You are not under caution. The aim of today is to explore and clarify issues that have been identified as raising concern as to your potential honesty or integrity as a member of Wiltshire Police. The purpose of the interview is to make you aware of the allegation and to offer you the opportunity to give your account of what has happened. If you do disclose any conduct which would amount to a criminal offence or a breach of the Standards of Professional Behaviour, then this interview may be terminated in order to allow for further investigation of what you have said. The content of this interview could be used in future criminal or misconduct proceedings if that became appropriate. Should new information come to the attention of the organisation in the future, then the content of this interview may also be used in any further investigation. Version Next Review Date: August 2014 Page 8 of 9

9 Please can you give your full name, including collar number The time and date is... I am... Other persons present Conclusion of the interview. Summary. Do you agree with that summary? Is there anything else that you would like to say. The time is... and this is interview is concluded. Version Next Review Date: August 2014 Page 9 of 9