THE INVESTIGATION AND PROSECUTION OF IMMIGRATION OFFENCES - PROTOCOL FOR LIAISON BETWEEN ACPO/IMMIGRATION SERVICE/CPS
STATEMENT OF INTENT
It is recognised that the decision as to whether to charge any person with an immigration offence rests with the Police. However, in response to the growth and diversity of these offences, it is also recognised that the Immigration Service will, where appropriate, play an enhanced role in all stages of the investigative process.
This Protocol, to be signed between the Association of Chief Police Officers on behalf of police forces in England and Wales, the Immigration Service and The Crown Prosecution Service, complements existing local arrangements and promotes national best practice. It is a further example of organisations working collegiately and seeks to:
- focus resources
- streamline processes
- recognise the interests of the three signatories.
The signatories to the Protocol will undertake to work in partnership in combating immigration crime.
PROTOCOL
1 Initial procedures
2 Joint investigation
3 Retention and disclosure of material obtained during the course of a joint investigation
4 Joint prosecution
5 Pre charge advice
6 Preparation and submission of case papers
7 Crown Prosecution Service Review
8 National liaison
9 Local liaison
10 Review of Protocol
11 Signatories
1 INITIAL PROCEDURES
Police Investigation
1.1 When during the course of any investigation by the police it appears that an immigration offence may have been or is about to be committed the Immigration Service locally should be contacted.
1.2 The Immigration Service should provide the necessary advice and guidance to investigating officers. In some cases, it may be agreed that the Immigration Service can play an active part in the process, but as a general rule, responsibility for the case should remain with the Police.
1.3 On occasions where no prosecution is envisaged by either service, the Immigration Service should progress the case as appropriate.
Immigration Service Investigation
1.4 In cases where the Immigration Service has initiated investigations and prepared case papers, police involvement may be restricted to the charging of suspects and subsequent submission of papers to The Crown Prosecution Service on behalf of the Immigration Service.
1.5 Where during the course of any investigation by the Immigration Service it appears that an offence may have been or is about to be committed which would normally fall within the jurisdiction of the police, the relevant police force should be contacted.
1.6 The police should provide the necessary response according to the circumstances and on occasions where there are no offences present in which the Immigration Service would have an interest the police should progress the investigation in the appropriate manner.
2 JOINT INVESTIGATION
2.1 There will be occasions, subject to any statutory requirement, when the police service and the Immigration Service will jointly investigate offences and suspected offenders. Arrangements for these investigations should be agreed locally including mutual support, resources, and the appointment of a lead officer who may be from either service.
3 RETENTION AND DISCLOSURE OF MATERIAL OBTAINED DURING THE COURSE OF A JOINT INVESTIGATION
3.1 Where there is a joint police and Immigration Service investigation, material obtained during the course of the inquiry should be shared subject to any statutory restriction placed on the Immigration Service.
3.2 Discussion should take place as to which organisation will assume responsibility for the retention of exhibits. The agreement reached must comply with the general requirements of the Criminal Procedure and Investigation Act 1996 and accord with the Codes of Practice issued under section 23(1) of the Act.
4 JOINT PROSECUTION
4.1 Where the police and the Immigration Service seek to proceed for offences arising from the same incident or in connection with a joint operation, a conference should be convened to discuss the management of the case with a view to initiating joint proceedings. In particular, the following issues should be discussed and agreed:
4.1.1 who will take lead responsibility for the proceedings;
4.1.2 the wording and nature of the charges;
4.1.3 arrangements for the retention and disclosure of material;
4.1.4 the timing of proceedings;
4.1.5 arrangements for keeping witnesses informed;
4.1.6 the announcement of the decision;
4.1.7 arrangements for maintaining contact during the life of the prosecution and a mechanism for consultation; and
4.1.8 any other case management issues.
4.2 In appropriate cases The CPS will be invited to attend such a meeting.
5 PRE CHARGE ADVICE
5.1 When there is an issue upon which the Immigration Service require pre-charge advice contact will be made with the police and an advice file submitted to The CPS which highlights the issue for consideration.
5.2 Where urgent oral advice is sought from The CPS, the Immigration Service must first contact police who will consult The CPS and agree with them the way forward.
6 PREPARATION AND SUBMISSION OF CASE PAPERS
6.1 The Immigration Service will prepare, process and submit case files to the police which meet the standard set by the Trials Issues Group Manual of Guidance (MG) on the preparation, processing and submission of files.
6.2 On receipt of a case file that meets the agreed MG standard the police will:
6.2.1 where there are no obvious defects in the evidence or further lines of inquiry considered necessary, submit the case file to The CPS without delay and inform the Immigration Service accordingly;
6.2.2 where the case file does not meet the MG standard or the evidence is deficient, discuss the matter with the Immigration Service case officer without delay and agree a course of action.
6.3 Where an issue cannot be resolved at an operational level the matter will be referred to a senior supervisory level, to be locally agreed, within the police, Immigration Service and CPS.
7 CROWN PROSECUTION SERVICE REVIEW
7.1 The CPS will review the case file in accordance with the Code for Crown Prosecutors and provide timely advice within the current published guidelines.
7.2 Where there is an evidential or procedural deficiency or the file fails to meet the MG guidelines, The CPS will liaise with police and work together to resolve the matter. This principle will apply in all cases including those progressed under paragraph
1.4 of this protocol.
8 NATIONAL LIAISON
8.1 Association of Chief Police Officers on behalf of police forces in England and Wales, Immigration Service and CPS will form a national liaison committee which should conduct a review of liaison arrangements and the operation of the protocol six months after its implementation and at least annually thereafter.
9 LOCAL LIAISON
9.1 The police, Immigration Service and CPS will nominate identified local liaison officers. These persons should open lines of communication and may, depending on need, meet on a regular basis in order to discuss implementation of this protocol at a local level and other issues of mutual interest or concern.
9.2 The liaison officer's responsibilities will also include:
9.2.1 monitoring the effectiveness of the protocol; and 9.2.2 communicating any issues that may have implications for the protocol or other issues of concern to the National Liaison Committee.
10 REVIEW OF PROTOCOL
10.1 The contents of this protocol will be kept under constant review but may only be altered or varied by the National Liaison Committee.
11 SIGNATORIES TO THE PROTOCOL
CPS IMMIGRATION SERVICE ACPO
Mr G.Patten Director Policy
Mr S.Boys-Smith Director General IND
Mr D.Phillips Chief Constable of Kent Chair of ACPO Crime