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The purpose of this policy is to ensure there is a consistent strategic and tactical response to Rape and Serious Sexual Offences (RASSO) including all other sexual offences (which includes so-called non-contact sexual offences such as indecent exposure, voyeurism, cyberflashing) throughout Dyfed Powys Police. In 2022 Dyfed-Powys Police joined the expansion programme for Operation Soteria Bluestone and became fully embedded and committed to the Home Office funded, Transformation and Change programme. This Policy and the associated procedure document will reflect the guidance and best practise as disseminated by the Soteria Joint Unit. It will reflect a victim centred, suspect-focussed and context led approach to investigating RASSO. Operation Soteria Bluestone is an opportunity to achieve real, sustainable change by candidly analysing Dyfed-Powys Police’s procedures, alongside the wider criminal justice system and victim support services. The Force is committed to working with academics to improve the experiences of victims and tighten a grip on offenders. As an early adopter, Dyfed-Powys Police are proud to contribute to the development of a new National Operating Model (NOM) for stronger and more efficient RASSO investigations.
This Policy applies to all Dyfed-Powys Police Officers and employees who provide a response to such offences, from the first point of contact, through the investigation and prosecution. RASSO defined within the Sexual Offences Act 2003 are serious offences which can have a long term and devastating impact on a victim.
The Force response to rape is prioritised and this commitment is encompassed within the Police and Crime Delivery Plan, specifically under the priorities of Supporting Victims, Preventing Harm and Ensuring our justice system is more effective. (Police and Crime Plan). Rape is also a Force priority – We will provide a compassionate response to victims of RASSO and relentlessly pursue offenders.
Applies (but not limited) to: All categories of Dyfed-Powys Police employees, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors) or seconded staff. Any employee accessing and using Force assets and property must have due regard to the contents of this policy.
The Primary aims of this Policy are:
DEFINITIONS
The statutory definition of rape comes from Section 1 Sexual Offences Act 2003.
(1)A person (A) commits an offence if— (a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b)B does not consent to the penetration, and. (c)A does not reasonably believe that B consents.
There is no national definition of “Serious Sexual Offences” however the following offences are counted as ‘other sexual offences’ as per the Home Office Counting Rules 2023/2024 and Notifiable offences 2024-2025. Dyfed-Powys Police regard these as “Serious Sexual Offences”.
The full list of sexual offences can be found Counting rules notifiable offences and notifiable reported incidents 2024-2025
When investigating RASSO, it is expected that officers and staff adhere to the fundamental principles of Operation Soteria Bluestone and utilise the guidance and toolkits provided within the National Operating Model (NOM) to improve the investigation of RASSO offences and police interaction with victims.
The project is split into six workstreams, each looking at a different aspect of the investigative process, however interlinked. These workstreams are referred to as pillars. The six pillars are:
PILLAR 1 - Suspect Focused Investigations
PILLAR 2 - Targeting and Disrupting Repeat Offenders
PILLAR 3 - Victim Engagement
PILLAR 4 - Learning, Development and Welfare
PILLAR 5 - Use of Data and Performance
PILLAR 6 - Digital Forensics
The Op Soteria Bluestone delivery group will be coordinated by a Senior Responsible Officer of rank no less than Superintendent, deputised by a Chief Inspector who will carry the RASSO portfolio for the Force.
Each pillar is led by an officer of rank no less than Chief Inspector from within the Force, whose responsibility is to progress the implementation of improvements that fall under their pillar from a strategic level. Sitting under each pillar are a cohort of leads of rank no less than Sergeant or staff equivalent, and their roles will be to drive transformational change.
Investigator’s Journey
The NOM for investigating RASSO, is a Home Office approved model which has been developed from the work of Operation Soteria Bluestone. The model supports police forces nationwide by delivering transformational change in the investigation of RASSO and victim engagement. It was developed by academics in conversation with victims and organisations supporting victims to ensure that throughout the investigator’s journey, the victim’s needs are central to the process.
The investigator’s journey comprises of 15 stages from first to final outcomes. The journey focuses on 3 key features: victim-centred, suspect-focused and context-led, which will guide our evidence collection and assessment throughout.
Victim-Centred
The principle of a victim-centred approach underscores the importance of keeping victims and their needs central throughout the investigation process. This key feature ensures the victim’s views, wishes, experiences, voice, and rights are valued. It also prevents investigations being subjected to professional bias with less room for rape myths and stereotypes. Dyfed-Powys Police will ensure that victims are listened to, their needs assessed, are provided with up to date and relevant information, and are treated with the upmost respect; ensuring they can make informed decisions during the investigation process.
Suspect-Focused
The principle of being suspect-focused from the outset highlights the importance of investigators considering the whole story approach, focusing on the suspect’s behaviour and less on the victim’s character. The suspect focus principle recognises the significance of conducting thorough and fair investigations that gather evidence and scrutinise the actions of suspects. The NOM supports officers to develop and apply with confidence knowledge of sexual offending behaviour to identify relevant lines of inquiry.
The NOM sates that investigations should:
Context-led
The whole story approach explores wider investigative opportunities rather than narrowed parameters within the timeframe of the offence. This restricts investigator’s ability to apply context to the suspect and victim’s relationship prior to the offence. Context provides social, cultural and situational factor awareness and will form part of investigative strategy. It provides a deeper understanding of the dynamics involved, exploring typical evidential opportunities as well as the background circumstances. Supported by the Crown Prosecution Service, investigators, supervisors and Senior Investigating Officers (SIOs) will consider the whole story approach prior to applying the full code test in RASSO investigations.
Investigation Strategy
The investigator’s journey is a 15-stage model investigation strategy, offering guidance, legal assurance and consideration points to support officers and staff when investigating a case. It shows how RASSO investigations can be victim-centred, suspect-focused and context-led at every stage.
The fifteen stages of the investigative journey are below:
Further information:
First Response
SOTO Allocation for Forensic Recovery
Central Bluestone Team
Please see the Bluestone Team’s Terms of Reference for more information
All Dyfed-Powys Police frontline officers will undergo RASSO First Responder training and it is expected that they apply the principles within this training in their initial response to any sexual offence. They must:
Crime Recording
National Incident and Crime Recording Standards
All reports of RASSO are recorded in compliance with the National Incident and Crime Recording Standards (NCRS) on the designated Force systems. The investigation progress must be documented on the designated Force system.
NCRS General Principles state that incidents will be recorded as a crime if, on the balance of probability:
In terms of timeliness of recording, the guidance states: ‘Where the information obtained at the first point of contact satisfies the crime recording decision making process the expectation is that identified crimes will be recorded without delay. It is expected that such crimes will be recorded on the same day the report is received – and in any case recording must take place within 24 hours of the time the initial report was received’.
Additionally, there are two occasions described where crimes should be recorded without victim confirmation:
Supervisors and officers must implement a culture of record to investigate and not investigate to record.
N100 Reported Incidents of Rape
All reported incidents of rape or attempted rapes, whether from victims, witnesses or third parties which are not immediately recorded as confirmed crime must be recorded as an N100, unless the report has been made by a professional. If the latter, a stats classification of Rape will be recorded.
Crime recording rules will say that the expectation is that once a reported incident of Rape is confirmed to be a notifiable crime, it will be reclassified as such at the earliest opportunity without delay.
Likewise, the reclassification of the crime should have no impact on an investigation being progressed.
If on speaking to the victim, a notifiable offence is not confirmed, the reported incident of rape will remain on the force crime system against a number of listed specific codes
The above is addressed in further detail in the Home Office Crime Recording and Outcomes Policy and in Standard Operating Procedures for Public Service Centre Staff. Further information can also be found on the Gov.uk website under Counting Rules for Recorded Crime.
Protected Characteristics
As part of that initial information gathering process and completion of the RASSO First Response Booklet (RFRB), officers are to ensure that the protected characteristics of RASSO victims (for example race, religions, disability) are accurately and consistently recorded within the RFRB.
Crime Allocation
All RASSO cases are subject of a proportionate investigation with the support of suitably trained officers.
Rape and penetrative sexual offence investigations will be allocated to CID/Bluestone/JIT teams who are accredited Professional Investigation Programme Level 2 officer or working towards PIP2.
Other Serious Sexual Offence investigations will be allocated to either CID (PIP2 accredited / working towards) or Local Investigation Units as per the Crime and Incident Recording and Investigation Policy.
The below factors have been identified as being likely to require the investigation to be allocated to a PIPL2 investigator:
Factors that may increase seriousness, complexity, or necessity for PIP2 investigation |
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Critical Incident |
Hate Crime |
Strong likelihood or Actual Media Scrutiny |
Force Reputational matter |
RSO / MAPPA nominal suspect |
Linked Series |
Position of Trust |
Vulnerable Victim |
Non-Contact sexual offences
Dyfed-Powys Police acknowledges the latest College of Policing guidance following the publication of the Angiolini recommendations and the investigations relating to ‘non-contact’ sexual offences and consider the following as the 3 types of ‘non-contact’ sexual offending:
Any offences of exposure involving masturbation or identified to be a series of exposures or involves touching – cornering – pursuing of a victim will be allocated and investigated by CID.
All Sexual Offences will be reviewed by a Detective Supervisor of at least the rank of Detective Sergeant prior to DMM to ensure that there’s an appropriate risk assessment undertaken, safeguarding of victims and witnesses addressed and that the crime is allocated in accordance with the crime and allocation policy.
Senior Investigating Officer (SIO)
In all cases of Rape a Detective Inspector (DI) will assume SIO responsibility and will retain responsibility and accountability for the conduct of the investigation, and its timeliness. Their responsibility is to develop and manage the investigative strategy, record key decisions and accompanying rationale, review progress and record outcomes. The SIO must also manage resources including any specialists required for the investigation and be accountable to Chief Officers for the conduct of the investigation.
An SIO (PIP 3 accredited / working towards PIP3) will be allocated for a Stranger Rape. Consideration will also be had as to the deployment of the Major Crime Support Team, and the management of the investigation via HOLMES.
Supervisor and Officer in the Case (OIC)
The Detective Sergeant or Acting/Temporary DS will provide appropriate supervisory oversight to help drive forth action management. A Professional Investigators Programme (PIP2) accredited (or on the pathway) Detective will perform the role of the officer in the case and disclosure officer.
In other Serious Sexual Assaults – the SIO may be a Detective Sergeant.
Initial Account
RASSO First Response Booklet
Officers will utilise a bespoke (RFRB) while engaging with the victim.
Once the RFRB has been completed, this document will be reviewed by the allocated OIC.
A crucial section of the RFRB is the ‘Initial Account’ taken from the victim ensuring Achieving Best Evidence (ABE) guidelines are followed.
The initial account must be recorded accurately. Please refer to Body Worn Video (BWV) guidance below when obtaining initial accounts.
GoodSam
The Bluestone Team will follow the principles of the RFRB however will capture the initial account via recorded video call technology. The victim will be offered a referral to New Pathways, along with an offer for an Independent Sexual Violence Advisor (ISVA) to be present during the initial account.
The video call will be transferred to cloud-based storage for the allocated OIC to access and review.
Children
Initial accounts from child victims (anyone under the age of 18) should be recorded in the RFRB where appropriate by an appointed child interviewer. It is critical that when obtaining a first account from children, both the questions and answers are documented.
Use of Body Worn Video (BWV)
First Attending Officers will comply with the Dyfed Powys Police BWV policy for activation on attendance to RASSO offences, which is also in compliance with NPCC position paper (29 Sept 2022) regarding BWV use.
If the attending officer has been issued a BWV device, it is expected that BWV will be activated upon attendance to a report of a RASSO offence. BWV is a good and effective evidence gathering tool that can show in seconds what could take hours to write.
BWV is to be activated during the obtaining of the RFRB. The victim is to be informed that the BWV has been activated.
The exception to this is if the victim requests the camera is switched off, the officer will comply with this request and make a recording on the investigation log (OEL) why this decision was made. Likewise, if the victim is a child or a vulnerable adult, the BWV will be deactivated immediately.
It is important that first responders should limit questioning to establishing only the basic facts and should leave in-depth questioning to specialist trained investigators. The completion of the RFRB should corroborate what the victim has disclosed on BWV.
Early Evidence Kits (EEKs)
EEKs must be accessible to all LPAs as they form an integral part of forensic capture. EEK must be considered in all relevant cases. A relevant case will include all acute contact sexual offence cases, whereby the forensic window is open (within 7 days). Dyfed Powys Police will follow the Facility of Forensic Legal Medicine guidelines (FFLM).
There is no requirement for the officers to be SOTO trained to use the EEKs. Full guidance can be found on the Force Intranet.
Digital Strategy
Victim
It has been established nationally, through engagement with victim’s groups, that the submission of a victim’s phone for any length of time during an investigation can be difficult for victims, especially when it may be their only form of communication method to access support. The victim’s phone may only be examined with their consent. A rationale for not submitting the victim’s phone should be recorded on the OEL. Cognisance is had with regards to the ICO report commissioners-opinion-whos-under-investigation-20220531.pdf (ico.org.uk). Digital parameters will be proportionate and justified.
Dyfed-Powys Police will continually seek to download and return a victim’s mobile phone within 24 hours. Where there is an indication the examination of the phone may incur a delay beyond 24 hours, this information must be provided to the victim and the victim must be offered a replacement handset which are accessible in the Vulnerability Hub.
Proportionality and Necessity
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Proportionality and necessity is particularly relevant when considering submission of devices belonging to victims and witnesses when the least intrusive method should always be considered. In all cases, extracting information from a device (other than a suspect's device) should be the last resort and only considered when other less intrusive methods to obtain the sought information have been exhausted or not deemed reasonably practicable to pursue.
Less intrusive methods of acquiring digital data include screenshots and account archive downloads submitted by the victim. These should be considered prior to submission of digital devices for extraction. Please contact the DIU department for further advice and guidance.
NOTE: Officers MUST NOT examine devices themselves.
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Submission to DFU for extraction |
The Police, Crime, Sentencing and Courts Act has provided a clear statutory basis for police and other authorities to extract information from digital devices, with the agreement of the user of the device. The powers ensure that requests for information from devices belonging to victims and witnesses are only ever made where necessary, proportionate and as part of a reasonable line of enquiry.
In order to meet the Home Office expectation of victims not to be without their mobile device for 24 hours, a pre-arranged date, time and location should then be organised with the device owner/victim and the DFU/ DIU department.
Witness and victim phones will require the completion and submission of a Data Processing Notice (DPN/A) which allows the owner to set parameters for the extraction. These must be completed with care to capture the relevant information required in the investigation such as times/ dates, applications, file names, contacts or usernames. Only data sets and parameters listed on this form will be provided in the report produced by DFU.
All MG21 and DPN/A submissions to DFU should be sent to the following email address: [email protected] and marked with high importance.
NOTE: The DPN(A) should be signed by an authorising Inspector.
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Suspect
Investigators are encouraged to identify digital forensic opportunities concerning the suspect’s devices. In cases where there is reason to believe that the suspect’s devices may have featured in the commission of an offence, prior, during or afterwards, there should be a clear investigative strategy considering the necessity to arrest or apply for search warrants to enable the seizure and subsequent interrogation of these devices. Where a suspect’s device(s) have been seized under the Police and Criminal Evidence Act 1984, investigators should seek to submit exhibits promptly through the correct submission channels to avoid any investigative delays.
Retention
Any seized exhibit must be recorded on Niche (RMS) to comply with retention guidance.
How do I submit a device for digital forensic examination?
Sexual Assault Referral Centre (SARC)
Where a RASSO has been reported, a medical examination may be required, and the consent of the victim must be sought and documented. The medical examination takes place in accordance with local procedures relating to the SARC. Utilising the SARC from the outset ensures the right support is provided for the victim. Where the SARC has not been utilised, a clear rationale must be recorded on the OEL.
Disclosure
All officers adhere to the Criminal Proceedings and Investigations Act 1996 and its Code of Practice when investigating RASSO Offences. SIO’s ensure the relevant roles stipulated within the legislation are nominated for each investigation.
A comprehensive Investigation Management Document accompanies any file submission to the Crown Prosecution Service (CPS).
Third Party Material
Enquiries must be made early in an investigation to establish the necessity for third party material. Any application to another agency must provide sufficient information to enable the recipient to understand the information that is sought, to ensure that only material sought is subsequently provided for review. Requests for third party material must be proportionate and targeted and will not rely on consent. Third party parameters can be discussed with CPS at EA stage. Cognisance is had with regards to the ICO report commissioners-opinion-whos-under-investigation-20220531.pdf (ico.org.uk). Parameters will be proportionate and justified.
Serious Crime Analysis Section (SCAS)
The Force submits information in accordance with the SCAS policy. A designated member of staff within FIB undertakes the role of Force SPOC and will monitor performance. SIOs must consider SCAS research as part of their intelligence strategy.
CPS and Early Advice
Investigating Officers and their supervisors must work collaboratively with specialist RASSO lawyers to build a strong evidential case.
The CPS have a dedicated team of prosecutors to deal with RASSO. A Memorandum of Understanding (MOU) has been agreed which is to be read in conjunction with the Rape National Protocol between the Police Service and Crown Prosecution Service in the Investigation and Prosecution of Rape. There is a minimum standard checklist for file submissions for charging decisions. See documents below:
Officers must avail themselves of early advice (EA) from the CPS in accordance with the CPS Protocol and EA MOU.
The timing of the request for early advice is a matter for the investigating officer and their supervisor, however, investigators are encouraged to consider EA once the key evidence is understood even if not fully developed, and when issues in the case have been identified.
Early advice provides investigative direction and sets appropriate parameters concerning examples such as third-party material, forensic and digital submissions. Early advice should not be sought in cases where the investigator simply wishes to explore if it is in the public interest to prosecute.
In cases where EA is not sought, investigators may still arrange consultation with CPS through the weekly duty calendar.
It is important that supervisors endorse the Niche OEL with a rationale explaining why EA has not been sought in RASSO investigations.
Please refer to the below guidance:
RASSO Checklist (available on Niche)
Challenging Rape Myths and Stereotypes
Decision to Submit for Charging Advice
There are two (2) evidential test when a charging decision can be sought.
The first test is on a ‘Threshold Test’. (Please see NOM document: The Threshold Test for RASSO) This is used when a full file of evidence is not yet available but the seriousness of the case but the seriousness of the case requires an immediate charging decision and there are reasonable grounds to believe that continuing the investigation will provide evidence that will give evidence of a realistic prospect of conviction. SIO’s will have the decision-making responsibility for submitting cases on a Threshold test based on the evidence and circumstances of the case.
The second test is the ‘Full Code Test’. SIOs will review the investigation and assesses whether the case meets the Full Code Test in accordance with the Charging Guidance for CPS.
If the SIO deems the evidence to be sufficient to meet the ‘Full Code’ test, the case will be submitted to CPS. This review is documented by the Detective Inspector and a copy accompanies the file. In conducting this review, SIO’s should follow the NOM document: The Full Code Test for RASSO.
Where the SIO deems the evidence to be insufficient to meet the threshold, they ascertain if there are any further lines of enquiry which may develop the evidential case. If all reasonable lines of enquiry have been pursued and the evidence does not meet the test, the case will not proceed to CPS.
In these circumstances the SIO completes a finalisation report that will be attached to the RMS.
Finalisation of Crimes
No Further Action (NFA) Decision
The decision to NFA an investigation is that of the SIO. For Rape, this will be a DI (regardless of the victim’s wishes in respect of criminal justice outcome) and for all other sexual offences this will be a Sergeant.
Victim disengaged- Outcome 14/16
A template has been created on Niche RMS for SIO’s to complete when victims have disengaged from the investigation. This needs to be completed prior to seeking an Outcome 16 finalisation.
Rape & Penetrative Offences:
In the event a decision is made that the case doesn’t satisfy the evidential requirements to progress to a CPS referral, the SIO will complete a finalisation report along with an NFA letter, as per NOM NFA letter templates.
The NFA letter and decision will be provided to the victim in accordance with their contact agreement in the Victim Communication Plan (VCP). However, it is expected that NFA decisions should ordinarily be provided in a face-to-face meeting or via video calling (if preferred by the victim), with the SOTO, ISVA, or other supporter in attendance. The Officers must be prepared to explain the rationale for the decision making.
All other Sexual Offences:
All victims of sexual offences are entitled to enhanced rights under the victim’s code. As such, victims should be informed of the decision to NFA within 1 working day. This should be communicated via an ISVA or other supporter as per the agreement in the VCP.
Victim Right to Review
The Police Victim Right to Review (PVRR) relates to a right for a victim to ask for a review of a decision not to prosecute a suspect.
All victims should be notified of their right to ask for a review at the point they are informed of the decision not to prosecute.
The VRR scheme allows a victim to request a review within 3 months of them being notified of the case being filed, however there is discretion to review cases outside of the three months in certain circumstances and will be reviewed on their merits.
Reviews should be conducted by an officer at least one rank higher than the original decision maker and independent of the original investigation.
All requests for reviews are to be directed to the Criminal Justice Department either via letter, email or via the Dyfed Powys Police website.
Victim Right to Review
Criminal Justice Department
Dyfed Powys Police
PO Box 99
Llangunnor
Carmarthen
SA31 2PF
Police Victims Right to Review Process Map
CPS Decision to NFA
If an investigation has been NFA’d by CPS, they will provide a letter to the victim explaining their rationale. This letter should delivered to the victim and should the victim have any additional queries, contact details of the Victim Liaison Officer (VLO) will be given to the victim. The letter will also include details of how the victim can request a VRR by CPS.
Safeguarding
Victim
The Victims Code of Practice (VCOP)
The victim is treated in accordance with the Victims Code of Practice. The investigation will be recorded on Niche. To ensure the investigation has complied with the victim needs assessment (VNA), the OIC and supervisor must ensure the OEL initial crime template and victim contact management document has been completed from the outset.
The management of victim contact is an essential element of an investigation. The Operation Soteria Bluestone NOM recognises the importance of a victim centred approach to RASSO investigations. It provides transparency for victims and ensures they are listened to. Victims have the right to have the details of the crime without delay, be provided with information when reporting the crime, be provided with information about the investigation and prosecution, and be kept updated throughout an investigation by means of the agreed contact method and period recorded in the communication plan.
Victim Information Guide
Every RASSO victim will be provided a bespoke RASSO Victim Information Guide upon the recoding of the crime. This guide will explain the investigative journey / journey through the Criminal Justice System and will contain details of support.
Victim Communication Plan (VCP)
It is mandated that a VCP will be established between the OIC and victim. The VCP must be regularly reviewed and the OIC must ensure that all communication with the victim complies with the agreement in the VCP.
Achieving Best Evidence and Special Measures
The VCOP places a responsibility on the police to identify vulnerable and Intimidated witnesses and to explain the special measures available to them to assist when giving evidence. The Youth Justice and Criminal Evidence Act (YJ and CEA Act) places a duty on the court to take into account the views of the witness in the context of all the circumstances of the case when considering whether special measures are likely to maximise the quality of the witness evidence. An application for special measures should be detailed on the MG2, MG6 and MG11. Special measures must be explained to victims so that they are cognisant of the variety of measures which are available allowing victims to make informed judgements about them.
Under Section 17.4 of the YJ and CEA Act victims of RASSO are to be considered as intimidated witnesses, meaning they are likely to experience fear or distress about testifying to such an extent that special measures are necessary to maximise the quality of their evidence. The criminal justice process must be explained including the different options available to victims when providing their evidence in court. While not compulsory, RASSO victims should be offered the option of providing their evidence by means of video recorded evidence in chief.
Please refer to Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and Guidance on Using Special Measures (2022) for more detailed guidance on categories of witness
New Pathways Referral / ISVA Support
All victims must be offered a referral to the ISVA service. Where the victims do not require a referral, they must be given information about the option to self-refer, a reminder of the available support will be offered throughout the investigation and recorded on the OEL. An approved New Pathways video providing information regarding the ISVA service should be shared with RASSO victims.
Ongoing victim contact may be conducted through a third party, including an ISVA providing there is agreement by the victim. The purpose of this is to improve victim contact and support. All contact between the OIC, SOTO and victim will be recorded on the OEL. It is a requirement that OICs keep the victim’s allocated ISVA updated throughout the investigation. Post charge/summons, the OEL record will remain active on the OIC’s filter with the relevant outcome code to enable post charge/summons updates to be recorded.
All victims are subject of a risk assessment and a risk management plan to ensure they are appropriately safeguarded.
Withdrawal Statement
Where a victim decides to withdraw an allegation of RASSO, the allocated OIC will take the statement and ascertain the circumstances of the withdrawal. If the RASSO investigation is Domestic Abuse related, then this should be taken by a Domestic Abuse Officer (DAO).
RASSO Cases Involving People from Ethnic Minority Backgrounds
Officers investigating or responding to RASSO involving victims from ethnic minority backgrounds should be aware of additional safeguarding available. Officers should consider if the offence was aggravated by a protected characteristic such as the victim’s race, religion or disability. Officers should consider the requirement to allocate a Hate Crime Support Officer. Furthermore, officers should consider the impact reporting to the police could have with respect to being subject to honour-based abuse or violence from their own family or community. Victims should be treated according to their needs and cultural backgrounds. Professional curiosity should be applied to identify any wider offending such as Modern Day Slavery offences.
Officers should utilise all available resources such as language line and the National Crime Agency in cases where the victim’s first language is not English. Further support can be obtained from BAWSO.
Information Sharing
This Policy will ensure that Dyfed-Powys Police meets and implements the legal requirements under the Data Protection Act 2018 (DPA), the UK General Data Protection Regulation 2018 (UK GDPR) and the Human Rights Act 1998 (HRA) when sharing personal information. In order to assist in ensuring compliance, Dyfed-Powys Police will follow the College of Policing Authorised Professional Practice (APP) on Information Management – Information Sharing. Additionally, Dyfed-Powys Police will follow guidance provided by the Information Commissioner’s Office (ICO) which includes the ICO Data Sharing Code of Practice. Dyfed-Powys Police will adhere to the College of Policing APP and the Wales Accord on the Sharing of Personal Information (WASPI), as the basis for guidance and templates for the development and creation of information sharing agreements.
Officers investigating RASSO should consider what vulnerabilities are involved and who may be at risk. RASSO investigations may result in wider safeguarding beyond that of support for the specific offence. Such investigations may identify matters involving domestic abuse, mental health, victims suffering with trauma struggling to support dependents etc.
A Public Protection Notice (PPN) is an information sharing document which allows officers to record safeguarding concerns and must be considered for cases involving children or a vulnerable adult. The task must be graded correctly accordingly to the risk (Low, Medium or High). Officers should enhance their awareness of partner agencies who can support a victim or those impacted following the victim being subject to sexual abuse. Where necessary, the PPN will be forwarded to partner agencies for their attention and appropriate action.
Welsh Language Standards
The RASSO victim Information Guide is available in Welsh.
Victims and offenders may request to be dealt with through the medium of Welsh. This will be accommodated whenever possible. *if the sourcing of a Welsh Speaker causes a delay that increases risk / jeopardises the investigation, the provision of a Welsh speaking officer / staff will be accommodated once the risks are mitigated. The service provided and professionalism of officers will remain the same regardless of language.
Victims may request a Welsh Speaking ISVA/IDVA.
Offender
Management of registered sex offenders, Multi-Agency Public Protection Arrangements (MAPPA), Integrated Offender Management (IOM- fixed, flex, free) is the responsibility of the designated Offender Management Units (OMUs) in which the suspect or offender resides.
The SIO must ensure that all action to reduce risk to the victim and members of the community is put in place including the use of the following where appropriate, e.g. civil orders, Domestic Violence Disclosure Scheme (DVDS), pre-charge bail, referral to perpetrator programmes.
Subject Profile
All named Rape offenders should be subject of background research and intelligence checks to inform risk management tactics and suitability for civil order application. A Rape Subject Profile (RSP) template has been created which Dyfed-Powys Police Force Intelligence Bureau (FIB) will complete.
For all other serious sexual offences, the responsibility for completing background research and intelligence remains with the OIC. Assistance can be sought for enhanced searches such as PND by trained staff. Background information relating to suspects are crucial in ensuring an accurate risk management plan is created and endorsed on the OEL.
Civil Orders
Investigators, supervisors and SIOs are encouraged to consider Civil Orders for the suspect from the outset of the investigations. In cases where no further action is taken, suspects should be considered for eligibility for a sexual risk order (SRO) to mitigate further offending. The burden of proof for an SRO (balance of probability) is lower than the criminal burden, beyond reasonable doubt.
Professional Curiosity
Officers investigating RASSO are encouraged to demonstrate professional curiosity exploring wider investigative opportunities and assumptions to better understand the dynamics and complexity of situations. In addition to dealing with what is in front of you, when responding to and investigating RASSO, it’s important to be open-minded and be aware that some victims may not recognise they have been subjected to sexual abuse such as in domestic circumstances.
Officers are encouraged to:
Police Perpetrated Abuse and Misconduct
As police officers and staff, we hold positions of authority and power. We are entrusted by our communities to respond to reports of RASSO, to support victims and to bring perpetrators to justice. When any form of sexual abuse is perpetrated by an employee of the organisation, we recognise that how we respond to such reports will reflect on our organisation and the confidence that both our staff and our communities have in our commitment to tackling RASSO. We understand that confidence in policing is eroded in the absence of a robust and transparent response. There is no place for those who engage in Perpetrating Sexual Abuse within policing.
Sexual Abuse is unacceptable behaviour and will not be tolerated by Dyfed-Powys Police. Dyfed-Powys Police will robustly investigate allegations of Sexual Abuse and perpetrators who are found guilty in subsequent criminal and/or disciplinary proceedings of such offences may face dismissal from the service.
When considering disciplinary measures, it is essential that the safety of the victim and their children is not compromised.
Dyfed-Powys Police will consider use of disciplinary proceedings against Officers/Staff who are alleged to have committed Sexual Abuse. In the absence of a criminal conviction, disciplinary proceedings may still take place, with the full range of disciplinary sanctions being available, including dismissal. Risk assessment measures will be reviewed by the line manager, and in conjunction with the Professional Standards Department (PSD).
Investigations (criminal and misconduct)
Force. E.g. in cases involving a suspect who, due to seniority or length of service, is well known in Force; or victim trust and confidence cannot be secured another way.
Police Officer/Staff victims of Sexual Abuse
It is recognised that all employees of Dyfed-Powys Police are also first and foremost public citizens.
Dyfed-Powys Police recognise that our employees may be victims of Sexual Abuse. Police officers or members of staff who are victims of sexual abuse must be treated as such. “Police” victims should not be expected to react or behave according to their training or work experience. They should be treated with the same dignity and respect, afforded the same level of service as any other member of the public would receive, with additional cognisance of the fact that police forces have the same obligations as any other employer to support their employee and safeguard them and their colleagues.
Police victims of sexual abuse may be victims of police and non-police perpetrators.
When dealing with any member of staff who is experiencing or has experienced sexual abuse, their line manager must:
Key Principles and Action:
* Consultation with PSD should always be sought in instances where victim and perpetrator are members of Police Personnel*
Victims of police perpetrated sexual abuse, including victims who are also police officers or police staff members, will be given the same level of service as other victims of sexual abuse. They will be offered confidential support from both internal and external sources. They will have access to the same level of police support, if necessary, through arrangements for this to be accessed from another police division or police force.
An appropriate welfare officer will be appointed, who will ensure relevant victim support referrals are made. The welfare officer may be from within PSD, or LPA. The welfare officer may be the victim’s supervisor, the OIC, or any other trusted person identified by the victim.
Dyfed-Powys Police will ensure that police victims are given a full explanation of this relevant section of the RASSO Policy and kept fully informed about the progress of internal investigations and misconduct processes. A copy of the RASSO policy will be provided.
Police personnel providing such information should be of an appropriate rank and appropriately skilled and trained. The aim is that both criminal and misconduct investigations will be undertaken by PSD investigators, who are (PIP) Level 2 accredited (or working towards); investigators within the department are also domestic abuse trained, sexual offences trained and have experience within the public protection arena.
Maintaining the confidence of the victim and general public is critical to the Force’s credibility.
If reporting is to be encouraged adequate safeguards must be in place to prevent further abuse to minimise distress to the victim, and ensure information is handled discretely wherever possible.
Appropriate restrictions will be applied at the point of recording in respect of STORM, and occurrences where the suspect is a police officer and/or member of police staff.
Restrictions will also be applied whereby the victim is a police officer and or member of police staff; however thorough consideration will be had in respect of applying restrictions given the potential risk posed to a victim if information about the incident is unknown by others, who may have cause to respond to future calls for service.
Access to the content of restricted records will be limited to PSD and Anti-Corruption personnel, in addition to any personnel whose access is required to assist with the management of criminal proceedings and safeguarding.
In addition, the FIM will have access as a 24/7 resource with ability to grant further access where required in the interest of effectively expediting and managing ongoing investitive actions and safeguarding.
Support
Support for Investigators
RASSO investigations are a challenging and emotive area of business.
Wider wellbeing training is delivered to Detectives on the RASSO Investigative Skills Development Programme (RISDP), the PIP2, and the Specialist Child Abuse Investigation Development Programme (SCAIDP).
The inputs include recognising possible signs and symptoms of stress & burnout as well as Information on services offered by the OHU and the various support services and organisations available.
Generally, the OHU currently provide this service as well as other OHU services. They use wellbeing fayres with an Oscar Kilo van and OK9 dogs, Counsellors, and Occupational Health Advisor (OHA) drop-in days to stations. The Police Federation, Police Mutual Chaplaincy and Unison also participate in these days.
Dyfed-Powys Police Wellbeing Strategy
Tactical Delivery
The LPA Commander and the Detective Chief Inspector are responsible for the following:
The Head of Contact and Incident Management will be responsible for;
The Chief Inspector lead for RASSO will have responsibility for;
Review of Rape Investigations
Detective Inspectors are responsible for monthly rape investigation audits; which looks at quality assurance to ensure policy and Op Soteria principles are followed. Inspecting and auditing is a key part of a DI’s role to identify good working practices or areas for improvement.
Rape Scrutiny Panel
In order to provide assurance around police decision making, in conjunction with CPS, New Pathways and BAWSO, Dyfed-Powys Police will hold a Scrutiny Panel, whereby NFA decisions will be scrutinised.
Corporate Finance Review
This Policy has been reviewed by the Corporate Finance team to ensure the effective use of public spending, maximising value for money.
Policy Familiarisation
The following should familiarise themselves with this procedure and adhere to role specific functions:
CODE OF ETHICS CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.
HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.
EQUALITY IMPACT ASSESSMENT
Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:
The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.
Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.
EQUALITY IMPACT ASSESSMENT COMPLETED: July 2024