Policy Scope:

This policy affects all SYP staff who apply for or otherwise deal with Serious Organised Crime Agency (SOCA) National Flagging and Interest Markers.

This policy applies to all SYP applications for a SOCA enquiry, Flag or Interest Marker.

Policy Aims and Objectives

This policy sets out the objectives and requirements of the Serious Organised Crime Agency (SOCA) national flagging service. It is integral to the Partnership Agreements between SOCA and other UK law enforcement agencies.

The documentation currently used to apply for an enquiry, flag or interest marker (IM) is the existing SOCA enquiry form and separate flag/IM form. (This is currently under review and a new single form will soon be issued with associated guidance).

Specialist Crime Services (SCS) Force Intelligence Bureau (FIB) can offer advice and guidance on completion of the application forms/process.

The objective of this policy is to provide protection for the flag holders from potential security leaks deliberate or otherwise and from other enforcement agencies who might take precipitate action compromising a long-term investigation or one with wider, more serious implications elsewhere.

Associated Procedural Instructions:

This policy is supported by the following procedural instructions:

Serious Organised Crime Agency (SOCA) (National) Flagging and Interest Markers within South Yorkshire Police - Instructions D51383

Equality Act 2010:

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.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

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)

This policy falls within MoPI: Yes

When implementing this policy/procedural instruction all SYP staff must comply with MoPI requirements:-

1. Record all information obtained in the implementation of this policy/procedural instruction on to the relevant system as soon as practicable in accordance with the requirements of the relevant business area and the Government Protective Marking Scheme (GPMS)

2. To avoid unnecessary duplication, before creating a new record, check that the information is not already recorded within that system AND ensure any record created identifies the source (where possible), recorder, recording date and purpose.

3. Where potential intelligence is identified as a result of processing information, submit this via a National Intelligence Record (NIR, CID 122).

4. Where possible, encourage information sharing within the service and with partners, see D50745 Information Sharing Agreements and D50746 Information Sharing Agreements – Instructions.

5. Ensure that all your actions in implementing this policy/procedural instruction comply with D50361 Data Quality, Data Protection Act 1998, Human Rights Act 1998, Freedom of Information Act 2000.

For more details about MoPI, see D50744 Management of Police Information and Guidance on The Management of Police Information (2006) issued by ACPO/Centrex.

Audit Review Arrangements:

This policy together with its Equality Analysis will be reviewed every 3 years

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. 

Start Date:

23 April 2007

Equality Analysis: 

D51064 - ACPO Policing Guide Asylum Seekers and Refugees.pdf