1. Security protective marking

1.1. Not protectively marked.

2. Summary of changes

2.1. The following changes have been made to this policy on 10 March 2010:

• Paragraph 16 is new, which details the procedures for publicising sentencing outcomes.  

 2.2. This policy is due for full review in February 2011.

3. Application

3.1. This policy applies to all officers and staff who may come into contact with the media in relation to releasing information, film and photographs. The list below outlines the main roles that this policy will apply to, however, the list is not exhaustive.

• Media Services;
• Area Media Officers;
• Senior Investigating Officers (SIOs);
• Neighbourhood teams;
• Cold Case Review Team;
• Detective Chief Superintendent Specialist Operations.

4. Purpose

4.1. The purpose of this policy is to define the legislation and procedures to be followed in relation to releasing information to the media, including information on media appeals, photographs of after death, release of photographs to the media, providing media access to Kent Police personnel, information or images, images used in publicity material, CCTV images, media requests for information from old serious crime cases and  publicising sentencing outcomes .

5. Releasing information for media publication 

5.1.  See policy C01 regarding the routine release of information to the media.

5.2.  All information released to the media in relation to major crime investigations must be authorised by the Senior Investigating Officer (SIO), Major Crime Department.

5.3.  In all other investigations of a serious, confidential or sensitive nature, any release of information to the media must be authorised by the Area Crime Manager or headquarters (HQ) department head.

6. Media appeals 

6.1.  To help identify or trace suspects or witnesses, a SIO, Area Crime Manager or HQ department head may agree to the release of video, film or photographs of an incident to the public through national, regional or local media.

6.2.  When such a broadcast or publication is made a copy of all material released must be retained in compliance with the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice.

7. Definitions 

7.1.  Defendant

• Defendant is a person who has been charged or summonsed for a criminal offence and has not yet been convicted / acquitted or informed will not be prosecuted.

7.2.  Photograph

• Photograph includes any visual image, representation, computer generated image, artist’s impression and image from video or film.

8. Photograph of defendant

 
8.1.  No photograph of a defendant is to be issued without the authority of a superintendent, or the SIO. In considering whether or not to release the photograph of a defendant, due regard must be given to:

• Regulation of Investigatory Powers Act 2000 (RIPA);
• Human Rights Act 1998 (HRA);
• Data Protection Act;
• Association of Chief Police Officers (ACPO) Media Advisory guidelines;
• Any other relevant legislation; and
• Implications for any future court proceedings.

9. Photographs of after death 

 
9.1.  There will be no publication of photographs taken after death, other than for internal police use only.

9.2.  Any pictures used for public circulation will either be recent photographs or created using techniques such as computer generated images and artists’ impressions. Where possible the wishes of next of kin, if the identity of the person who died is known, will be respected.

9.3.  Pictures of people who have died must only be published with the authority of a detective of at least superintendent rank.

9.4.  The body of someone whose death is subject to an inquest is the responsibility of the Coroner. The Coroner must be consulted before any picture of such a person is publicised.

9.5.  The Criminal Intelligence Bureau at force HQ can be contacted to obtain advice and assistance with regard to computer generated images and artists impressions. This includes the potential use of an ‘age progression’ computer at the National Missing Persons Helpline, which can provide photo-sketches showing the most likely recent appearance of the dead person.

10. Release of photographs to the media 

10.1.  Kent Police will follow ACPO guidance in releasing photographs of named people to the media (Media Guidance note 8). The release of photographs should only be considered when there has been significant public interest or where the opportunity exists to reassure the public or raise awareness of the role Kent Police played in a particular success. Where the image is of, or includes, a member of the public, their signed consent for its use in publicity must be obtained. The form for this can be obtained from Media Services at HQ or area media officers.

10.2.  In court cases, photographs of those convicted must only be released after sentencing if authorised by an officer of at least the rank of chief inspector. Photographs will only be released where identification will not be an issue in an appeal.

10.3.  Other than in exceptional circumstances, a defendant’s photograph will only be released contemporaneously or within seven days of sentencing.

10.4.  The releasing of photographs (see also section 8 above) will be the overall responsibility of the Media Services Manager at force headquarters. Photographs and images are released on the understanding they will be used contemporaneously. Kent Police retains copyright on photographs and images and they must only be published once and not republished without the written authority of Kent Police. Media should confirm they will abide by these conditions.

11. Police and police use of photographs 

11.1.  Defendants:

11.1.1.  Kent Police will not issue photographs of people who are acquitted.

11.1.2.  When considering the release of any photograph, due regard must be given to the legislation outlined in section 8.

11.1.3.  Any photograph or image released by the police should be reproduced without any reference numbers, such as a criminal record number. Its issue must comply with guidance in section 8.

 

11.1.4 Any photograph or image that meets relevant criteria for release by the police must have had the identity of the individual visually verified by the relevant case officer or a nominated officer. No image can be released until this process has taken place and a written record of visual verification obtained and recorded by Media Services or the appropriate media and communications officer.

 

12. Providing media access to Kent Police personnel, information or images 

12.1.  From time to time Kent Police offers journalists facilities to accompany officers on operations. Sometimes the media may request facilities themselves, for example linked to documentaries and features. Offering facilities can play a key part in reassuring the public we are dealing with issues of concern. However, when deciding to offer or agree this facility, it is important to consider operational, community and legal implications. The public benefit, or otherwise, of offering such access must be the prime consideration. We follow ACPO media guidance (guidance note 10) when considering whether to offer facilities.

12.2.  Where permission is granted, the media representatives (journalists/ photographers/film crews) should be briefed in advance by a media officer and relevant senior officer. This is often done by inviting journalists to attend a final operational police briefing. Journalists should be briefed to give them background information, convey key messages and ensure they are aware of any potential sensitivities or risks. However, media representatives should also, before the start of any operation or briefing, sign the Kent Police Media Agreement.  If a media representative declines to sign the Media Agreement, they can not accompany Kent Police officers on the operation.

12.3.  From time to time police images of operations are released to the media to highlight success, reassure or inform the public about how we are dealing with issues of concern to them. This must only be done with the permission of the senior investigating officer. Photographs or video footage must not identify defendants, show evidence or in any other way compromise potential court proceedings.

13. Images used in publicity material 

13.1.  Photographs used in Kent Police publicity material must reflect the diversity of the community in Kent and of the Kent Police workforce.

 

13.2.  No photograph must be published by Kent Police showing members of the public without having the signed consent of everyone involved. Consent forms, that comply with the relevant legislation, are available from Media Services at headquarters and area media officers. Separate forms for parental consent must be used when pictures are taken of children for publicity purposes. Any individual approached for consent must be made aware of the form and context in which it will be used.

 

13.3.  Relevant legislation such as the Human Rights Act and Data Protection Act will also apply to the use of images of members of the public.

 

13.4.  No photograph must be published by Kent Police of police officers or staff without the individual’s knowledge. There is an assumption that officers and staff in Neighbourhood Policing with responsibility for neighbourhood(s) consent to their photograph being used on the Kent Police Website and used within neighbourhood publicity material such as newsletters.  This has been introduced as a  contractual obligation for Police Community Support Officers (PCSOs). Consent should be sought where no contractual obligation exists. The consent form should be completed and signed in the usual way.

13.5. The Kent Police Federation and Unison have been consulted and endorse the stance.

 

13.6. Where exceptional circumstances exist, officers or staff can notify their Area Commander via their line manager on form 1068 to explain why they feel it would not be appropriate for their photograph to be used on the website and/or on publicity material. 

14. CCTV images 

14.1.  CCTV images should only be issued to the media on the authority of the senior investigating officer. This may be to identify a possible offender or to trace witnesses. Where necessary the senior investigating officer will obtain permission from the copyright owner to release any images. Wording issued with the CCTV should not attribute blame to the person/s featured in the image/s but should suggest the person/s featured may be able to help with police enquiries. This is so not to affect any future court proceedings which may result from the publication of the image/s.

14.2.  The identity of any member of the public not connected with an inquiry must be obscured visually. This would include passers-by who are not sought as witnesses or those who have already come forward.

14.3.  CCTV images will only be released on the understanding that they will be used contemporaneously. The owner retains copyright and the image must only be published once and not republished without written authority. Media must confirm they will abide by these conditions.

 

15. Media requests for information from old serious crime cases

15.1. Old serious crime offences 

15.1.1.  Kent Police will follow ACPO guidelines relating to the release of details about past or ‘old’ cases. Where requests are made by the media for information about past or ‘old’ cases, Media Services will liaise with the relevant SIO of the cold case review team, as appropriate. Requests will not be agreed unless releasing information will help solve the crime or be in the public interest.

15.1.2.  Serious crime offences can be defined as any major crime offence such as murders, rape, kidnap, or where the seriousness of the case would draw media attention due to extreme uses of violence, large financial loss, or new or unusual investigative or forensic techniques.

15.1.3.  This includes those offences where a trial has taken place irrespective of conviction or acquittal and any unsolved cases which are no longer subject of a major investigation but remain open pending any further information and/or evidence. Particular care must be taken when dealing with cases of acquittal (see policy C01).

15.1.4.  If someone is subsequently charged with such an offence, then previous disclosure of information to the media could become an issue at court.

15.2. Authority level 

 
15.2.1.  The decision whether to release information or give police assistance will be made by the Detective Chief Superintendent, Specialist Operations Directorate, FHQ.

15.2.2.  Any media requests to be put in contact with a retired senior investigating officer will be dealt with by the Detective Chief Superintendent, Specialist Operations Directorate, FHQ.

15.2.3.  Legal Advice should be sought from the Legal Services Department if required.

 15.3. Contact with relatives of victims 

 
15.3.1.  Before information is released or a decision is made to provide information to the media, every reasonable effort must be made to contact any close relative of the victim, and subject to paragraph 15.3.5. below, the family’s permission must be obtained in writing.

15.3.2. In practice this will mean contacting the most senior and responsible family member. If a child is the only surviving relative, then their guardian or an appropriate and responsible adult should be involved in the decision.

15.3.3. Having contacted the close relative, the police are absolved of responsibility for contacting other relatives / friends / neighbours, as this must be the responsibility of the relevant family member.

 

15.3.4.  Every effort will be made to keep the relevant family member informed of developments, such as the date and time of broadcast or publication and, if possible, a guide as to its likely contents.

 

15.3.5. In the event of a conflict between the wishes of the relatives and police, it is the Detective Chief Superintendent, Specialist Operations, who has the final decision whether to release the information or not to the media. Kent Police shall not oppose the wishes of a victim’s family, unless there are sound legal and operational reasons to do so, such as the need to obtain publicity in an unsolved case to prevent or detect crime.

15.3.6. Any release of information to the media must comply with relevant legislation. Journalists should be reminded of their relevant codes of practice. It is recommended, as ‘Good Practice’ that the Human Rights Act 1998 ‘Decision Considerations’ JAPAN (Justifiable, Appropriate, Proportionate, Auditable, Necessary) is used in order to determine if the information can lawfully be released.

15.4. Material to be released 

15.4.1. In the first instance, all requests by the media for information and police assistance in the production of film, television or radio programmes, or the publication in a book, magazine or newspaper of old serious crime offences and or investigations of such cases must be forwarded to Media Services.

15.4.2.  It is highly unlikely, in any circumstance, that case files and their contents will be given to the media. The Detective Chief Superintendent, Specialist Operations Directorate, FHQ, in consultation with the Media Services Manager and the senior investigating officer, where practical, will decide what information to release and the form it should take. (See 15.3.6. above)

15.4.3.  Photographs and/or any audiovisual material of an explicit and potentially distressing nature will not be released to the media under any circumstances.

15.4.4.  Care must be taken when considering the release of items with potential evidential value.

 

16. Publicising sentencing outcomes

16.1 It is known that the public has greater confidence in police and the wider criminal justice system, when they receive or access information about sentencing outcomes from court. Kent Police supports the publication of sentences given in both Magistrates and Crown Court, provided each case is considered against the guidance set out in this policy.

 

16.2 Kent Police will publish sentencing outcomes on our website, under the ‘Justice Seen, Justice Done’ feature, accompanied by a press release to the media. The guidance contained within this policy would equally apply to giving the public information about convicted offenders in public meetings, leaflets and local newsletters.

 

16.3 This policy has been developed in line with advice from the Information Commissioner’s Office and ACPOs Media Advisory Group. The legal, proportionate and justification requirements for publishing sentencing outcomes are contained within the Ministry of Justice’s publication, ‘Publicising Sentencing Outcomes’, released in December 2009. Specifically, that document highlights the legal framework allowing publication of sentencing outcomes, making reference to the following acts;

• Data Protection Act 1998
• The Human Rights Act 1998

 

16.4 This section applies to sentencing outcomes, which are publicised via;

• The Kent Police website;
• An editorial to the press;
• A newsletter;
• A bespoke, localised flyer specific to an operation;
• Any verbal update to the community, including public meetings.

 

16.5 Suitable cases

16.5.1. A case is considered suitable for reporting, where it is not prohibited or is assessed as exceptional circumstances. The following will apply;

 

• The information is a legitimate and integral part of our activity to engage communities and increase public confidence in criminal justice services;
• The case relates to a criminal conviction;
• The conviction can be from Crown or Magistrates’ court;
• The outcome can include fines and community sentences;
• It is timely, generally within a few days of the decision.

16.5.2. Anti-Social Behaviour Orders (ASBOs) are civil orders and are not covered by this policy. Please refer to policy K05.

 

16.6 Prohibited reporting

16.6.1. Kent Police will not report on any of the following cases;

• Non-criminal matters;
• Where the offender(s) is under the age 18;
• If reporting restrictions have been imposed in a case;
• Any third party details without documented consent;
• Out of court disposals (caution, conditional caution, penalty notices for disorders and cannabis warnings).

16.7 Exceptional circumstances

16.7.1. Cases that are not prohibited will have to be individually assessed against the following criteria to ensure there are no exceptional circumstances, where disclosure may not be appropriate.

16.7.2. Domestic and sexual abuse – There is no blanket presumption for or against reporting on cases involving domestic or sexual abuse. Each outcome needs to be carefully considered on an individual basis. Cases may be considered suitable where the reporting is likely to encourage other victims of abuse to report crimes committed on them. Conversely, reporting may bring embarrassment or shame to a victim or their family (especially children). The victim’s wishes must be explored on every occasion. Those wishes must be recorded in writing for audit purposes for each individual involved. Where the victim does not support publicising the case the presumption will be that this will be respected, unless it can be shown that offender’s crime(s) need reporting under the principals of ‘Public Interest’ – protecting public health or safety. Please be aware that publication could breach a victims human rights.

16.7.3. Victim and witness identification – Care must be taken reporting on a case that will identify a victim or witness, especially if this would cause undue embarrassment or distress, or place them at risk of reprisals from friends or associates of the offender, or expose them to unwanted media attention. Publication may be a breach of their or their family members human rights.

16.7.4. Vulnerable offenders – It may not be appropriate to release information about a vulnerable offender e.g. one who has mental health problems or learning difficulties, where publicising the conviction warrants adverse consequences. This may arise in particular if the sentence includes a drug or drink rehabilitation order or a mental health disposal. Publication may be a breach of their or their family members human rights.

16.7.5. Offenders’ families – Care must be taken where disclosure of a case could identify offenders’ families (over and above a surname that they share with the offender), especially if it places them at risk of harm (e.g. reprisals). Publication may be a breach of their or their family members human rights.

16.7.6. Prosecuting team – Care must be taken over publishing details of the Officer in the Case or the CPS Prosecutor where there is, or could be a risk of threats or vigilante action against those individuals. Consents must be obtained prior to publication.

16.7.7. Ongoing Investigations – where a person has been convicted of an offence and other offenders are still outstanding or due to be tried, the Officer in the Case will be contacted before the matter is reported on, to establish whether or not disclosure could undermine the ongoing investigation or a future court case.

16.7.8. Where exceptional circumstances exist, it does not automatically follow that the information cannot be disclosed. There may be an alternative option to publicise the information at a very localised level, or provide the outcome without identifying the offender’s details. The risks will have to be assessed against the public interest in disclosure and the importance of the outcome to local communities.

 

16.8 Risks and safeguards

16.8.1. Reporting restrictions – Where a court has imposed reporting restrictions on a case, those restrictions will be strictly adhered to.

16.8.2. Weeding – The information will be removed from a website after one month. There will be no archiving facility.

16.8.3. Appeals – Where a subsequent appeal against a conviction is successful, details of the original conviction placed on the website will be removed.

16.8.4. Accuracy – It is imperative that all publicised information is accurate to minimise the risk of mistaken identity.

16.8.5. Public disorder  - Where there is intelligence to suggest a reported conviction could lead to public disorder or retaliation against a convicted offender, the benefits of disclosure will have to be assessed against the risk.

16.9 Relevant information

16.9.1. The following information is the minimum requirement for all cases

• Name, age and road name (but not the number) of the offender.
• Offence, plea and sentence.

16.9.2. For Crown Court case the following additional information may be appropriate.

• Date and location of the offence(s)
• Date and location of the court sentencing
• Details of the CPS prosecutor (with their consent)
• Details of the Officer in the Case (with their consent), with a quote
• Relevant, public interest issues i.e. the offence was a PACT (Partners And Community Together) priority.

16.10 Use of defendant’s image

16.10.1. The use of a defendant’s image can assist in presenting an open and accountable criminal justice system. A defendant’s image will only be included in a feature in the following circumstances:

• We will not use the defendant’s image for any disclosure relating to a case at Magistrates’ Court. The image used will be from the Genesis system taken at the time of arrest;
• Use of an image is covered in ACPO Media Advisory Group’s guidance (section 8.4);
• Corporate Communications will check with the Officer in the Case to ensure the image is the correct one before it is published;
• Each image will carry a copyright notice saying ‘© Kent Police’;
• A mouse-over text showing ‘© Kent Police – All rights reserved’ when a web surfer passes their mouse over the image.

 

16.11 Administration

16.11.1. Proforma - To ensure the risks and safeguards are considered and documented, each case selected for publication will need a Checklist and Recording Proforma justifying the disclosure.

 

16.11.2. Message – When details of the sentencing outcome are posted on a website, the page containing the detail should carry the following message in a prominent position:

 

“This information is made available for a limited period in order to promote the openness, transparency and accountability of the criminal justice system to the people it serves. This information is made available solely on the basis that it is for the individual use of the person who has accessed this page. The information on this page must not be stored, recorded, republished or otherwise processed without the explicit agreement of Kent Police”.

 

16.11.3. In compliance with guidance provided by the Information Commissioner’s Office, any person whose personal details will be made publicly available via the police website should be informed of the fact. This should extend to the offender, the victim and any associated witnesses and members of the police service or Crown Prosecution Service (CPS) who will be identified as being involved in the case. This should include the option of being able to contact someone should they have any queries or concerns. This includes any information that allows an individual to be identified, not just the use of the name. For example, if the release refers to a ‘Detective Inspector in charge of [a unit]’ that officer would be readily identifiable, and the officer’s consent would be required.

 

16.11.4. To comply with the above requirement witnesses should be informed of the following:

‘If the offender is convicted at court that person’s image, together with some proportionate, personal details about them and the offence, may be used on Kent Police’s website, under the ‘Justice Seen, Justice Done'. We will also send out a press release with this information. This feature is designed to improve public confidence in the criminal justice system and in some cases encourages other victims to come forward. You will not be identified but if you have any concerns please contact the investigating officer in charge of your case’

16.11.5. To comply with the above requirement offenders should be informed of the following;:

‘Should you be convicted at court your details, and in some cases your image, could be used by Kent Police for a media release and a feature on their website called ‘Justice Seen, Justice Done'. Should your conviction be overturned on appeal you can contact Kent Police to ask for an update to be sent to the media and placed on the website’.

17. Equality impact assessment

17.1. This policy has been assessed with regard to its relevance to race and diversity equality. As a result of this assessment the policy has been graded as having a medium potential impact.

 

17.2. Attached is the latest equality impact assessment that forms part of the policy review process.