Publication Scheme Y/N Yes Firearms Enquiry Team (FET SCO19) Policy Statement and Equality Impact Assessment Version 2.0 Summary

Transcription

1 Freedom of Information Act Publication Scheme Protective Marking Not Protectively Marked Publication Scheme Y/N Yes Title Firearms Enquiry Team (FET SCO19) Policy Statement and Equality Impact Assessment Version 2.0 Summary A statement summarising FET policy and its Equality Impact Assessment (B)OCU or Unit, Directorate SCO 19 Author Review Date August 2020 Date Issued 17 th August 2016

2 Freedom of Information Publication Scheme Protective Marking: Not Protectively Marked Publication (Y/N): Y Title: Firearms Enquiry Team (FET SCO19) Policy Statement and Equality Impact Assessment Summary: A statement summarising FET policy and its Equality Impact Assessment Branch / OCU: SCO19 Date created: 17 th August 2016 Review date: August 2020 Version: 2.0 Author: Roger Arditti Application When? This Policy applies with immediate effect. Who? All police officers and police staff, including the extended police family and those working voluntarily or under contract to the Mayor s Office for Policing and Crime (MOPAC) or the Commissioner must be aware of, and are required to comply with, all relevant Metropolitan Police Service (MPS) policy and associated procedures. This Policy applies in particular to officers and staff in the following roles: Firearms Enquiries Team (FET) Front-line policing roles, particularly within Territorial Policing Local Delivery Shared Support Services (LDSS) What? This policy relates to how the Firearms Enquiries Team (FET) consider all firearm, shotgun and explosives applications and renewals. It also relates to how officers and staff outside the FET should act when dealing with licensed firearms matters. It does not relate unlawful possession of these items by those without a relevant licence that are encountered by police. Policy Principles What are the policy principles? - All firearms, shotguns and explosive grants, renewals will be subject to effective risk assessments by the FET - The details of all firearms, shotgun and explosive certificate holders will be washed against the core MPS intelligence databases (CRIS, CRIMINT, Merlin, Custody and PNC) on a daily basis to help assess the certificate holder s on-going suitability to possess licensed guns and explosives. 1

3 - The FET will apply the statutory risks for grants, renewals, refusals and revocations diligently and expeditiously. - The FET will oversee the return of any licensed guns from police possession in line with the FET governance document. - All officers and staff have a duty to be aware of the risks relating to licensed guns and explosives and act appropriately. - All officers and staff must comply with the requirements set out within the MPS Recovery and make safe of Non Police Firearms SOP when dealing with any seized weapon. Purpose and Benefits The purpose of the policy is to outline the Metropolitan Police Services (MPS) approach to the management of licensed firearms and explosives within London. Although a new policy toolkit, this in fact builds upon, and communicates more widely, the previous guidelines and good practice developed by the FET over many years. The benefits of this policy include: Greater transparency and accountability of how the MPS license firearms and explosives Increased awareness of licensed firearms and explosives amongst MPS staff Reduction in risk to the public, staff and wider MPS through the improved management of licensed firearms and explosives across the workforce A sustained, if not reduced, number of complaints & appeals in respects to actions taken by the MPS in this area of business Health and Safety Impact Statement This policy and associated toolkit have been developed with appropriate consultation with the MPS Safety and Health Risk Management Team [SHRMT] and it would appear that there is no significant negative impact on health and safety in the MPS. SC&O19 FET will continue to work with the MPS Safety and Health Risk Management Team, to ensure that this toolkit remains fit for purpose, and that potential health and safety implications are incorporated within future policy reviews. 2

4 Associated Documents and Policies The Firearms Acts Firearms Rules 1998 Firearms (Amendment) Regulations 2010 Explosives Regulations 2014 Firearms Law: Guidance to the Police (Home Office) Firearms Security Handbook 2005 European Weapons Directive 91/477 EEC Recovery and make safe of Non Police Firearms SOP Minutes of meetings at local, regional and national (NPCC) levels The Human Rights Act 1998 Data Protection Act 1998 Freedom of Information Act 2000 Anti-Social Behaviour Act 2003 Violent Crime Reduction Act 2006 For further enquiries about this SOP contact: Inspector Roger Arditti, SCO19 FET. Notices to be Cancelled / Amended Item 1, Notices 45/11 of 09 November

5 Equality Impact Assessment Research and consultation Review of research Internal consultation External Consultation Governmental legislation and guidance were reviewed in light of developing this policy: Home Office Guidance for Firearms Licensing; APP for Firearms Licensing; Targeting the Risk, HMIC Report on Firearms Licensing. Internal MPS FET reports were also used. The following were consulted in the development of this toolkit: Directorate of Legal Services, Safety and Health Risk Management Team (SHRMT), Finance Business Partner, Information Assurance Unit (IAU) In addition frontline officers and firearms specialists were consulted. External consultation was carried out with Police Federation. Protected Characteristics (Equality Act 2010) Summary of Equality Impact Assessment Age Deaf/ disability Gender reassignment All applicants undergo the same assessment protocols when requesting a Firearms license or a return of a firearm. Assessments involve full disclosure of past convictions, age and/ or disability to help ensure license holders are not a threat to themselves or others (see below). The FET senior management review all refused and revocation decisions to ensure outcomes and conclusions are appropriate and that no customer is disadvantaged due to their protected characteristic. All applicants undergo the same assessment protocols when applying for a Firearms license. Additional considerations are necessary when assessing applications from children and young people, as their maturity will vary. In such circumstances meetings conducted with a parent or guardian present and, for those still in education, enquires are also made of their teachers. A firearm certificate may not legally be granted to an applicant aged under 14 years. There is no such lower age limit for applicants for shotgun certificates. The Firearms Act 1968 requires the police to be satisfied that certificate holders will not represent a danger to themselves or others. Applicants are expected to declare disabilities including mental health issues which may impact upon their ability to possess and use a shotgun or firearm. The disclosure of such conditions, or subsequent discovery via the application process of such conditions will not automatically mean the person is refused. However, it will result in further enquires with the applicant s GP or specialist. Also the Home Office has recently implemented a process of asking GPs to place permanent markers on the records of all licensed firearms / shotgun certificate holders. 4

6 Pregnancy and Maternity Race Religion or belief Sex Sexual Orientation Other issues for example: Low income groups, single parents, rough sleepers The FET treats domestic abuse with the upmost seriousness. Evidence suggests there is a correlation between domestic abuse and homicide. The presence of a firearm in such an environment poses an unacceptable risk. When considering applications or returning firearms, past allegations and convictions as well as victim statements will be factored to help ensure final decisions are appropriate. Ex-prisoners who had been sentenced to terms of imprisonment for more than three years are statutorily barred for life from possessing a firearm or shotgun. Those who had been sentenced for between three months and three years are barred for five year for owning a firearm or shotgun. Monitoring 12 month implementation plan This policy will be implemented across the MPS with additional communication to officers and staff to ensure they are aware of the policy and corporate standards for handling firearms or making enquiries during investigations. Policy compliance will be monitored through current performance indicators and monthly performance reports. This will include new measures including number of referrals to the FET via non-fet staff. These will be discussed at quarterly Firearms Licensing Strategic Steering Group meetings and formal policy review documentation. The quarterly IAG will provide qualitative feedback on policy and help identify any impact on stakeholder groups where data is available. Minutes of these meetings will pass to the Strategic Steering Group to review and address. 5