Policy Scope:

This policy affects Police Officers involved with the South Yorkshire Police Witness Protection Unit, Specialist Crime Services.

Witness Protection is now a Regional Function and officers should refer to Regional Intranet Witness Protection Page for direction.

Officers should be aware that though contact may be made with the Regional Witness Protection Unit for advice authorisation from the Force Crime Manager or their deputy is required before a formal request for witness adoption can be made. This is due to the fact that adoption of a witness into the witness protection scheme can attract significant cost.

The policy relates to cases where the lives of individuals are known or perceived to be at significant risk, or where there may be attempts to prevent potential witnesses from giving evidence. These individuals, in order to be eligible for adoption into the Scheme, must meet the criteria listed on the Regional Intranet Witness Protection Page.

The policy does not relate to:

• Individuals who do not meet the criteria. However, the investigating District staff still has a responsibility to deal with these individualsand address duty of care obligations. In such cases advice/guidance can be obtained from the Witness Protection Unit, if required.
• Cases where there is a need to protect vulnerable witnesses who may experience stress when giving evidence in court, such as adult victims of a sexual offence or child victims or witnesses of abuse. Information in relation to these examples is provided by:

D51085 Vulnerable and Intimidated Victims and Witnesses, Section 16 and 17 Youth Justice and Criminal Evidence Act 1999

D51086 Procedures for Dealing with Vulnerable and Intimidated Victims and Witnesses, Section 16 and 17 Youth Justice and Criminal Evidence Act 1999.

Policy Aims and Objectives:

The policy is intended to ensure that appropriate measures can be implemented to protect indivduals who are at risk of real or perceived threats to life. Having regard to all the circumstances of each case, the possible financial implications and whether an adoption into the Scheme is necessary, justifiable and proportionate, trained and experienced Witness Protection officers will assess the eligibility of potential individuals for the Scheme and where appropriate, make arrangements for their protection. Witness Protection Officers will ensure that adoptions into the Scheme do not substantially reduce or enhance the witnesses’ standard of living.

All Officers must have regard to the judgements in the cases of European Court of Human Rights Osman v UK 1998 and Van Colle v CC Hertfordshire Police 2006. Both of these judgements require Police Forces to take reasonable measures to protect the right to life of individuals from the criminal acts of a third party.

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

D51201 Life at Risk Matters – Osman Warnings

Human Rights/Discretion:  

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this statement of agreed policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI)

These instructions fall within MoPI: No

Audit Review Arrangements:

Annual

Rights of redress for members of the public:

Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.

Initial action should be taken in one of the following ways:

• Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.
• Visit a local Citizens' Advice Bureau
• Contact a Solicitor

Rights of redress for South Yorkshire Police personnel:

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:

• Pursue concerns through their line manager.
• Contact a First Contact Advisor.
• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.
• Seek advice from their staff association or trades union.

• Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control. 

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

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