Today’s release of the review of Pre Charge Warnings (PCW) by the Independent Police Conduct Authority supports Police’s ongoing programme of work to improve guidance on their use, says Superintendent Wallace Haumaha, Deputy Chief Executive Maori.
“Pre-Charge Warnings were introduced as an alternate resolution for eligible offences six years ago. Recently, Police began a programme of work to revise the warnings and align them with other options which form part of a graduated response model for criminal offending.”
“The IPCA’s findings as part of their review supports this programme of work and Police are confident we are addressing each of the concerns raised in the report.
“Firstly, Police are undertaking a review of the policies surrounding PCWs which will include more detailed clarification around considerations undertaken by staff.”
Specifically, Police will be looking at providing:
- Further guidance when considering the ‘public interest’ test outlined in the Solicitor General’s Prosecution Guidelines in relation to the eligibility of PCWs for offenders;
- Reviewing and revising the PCW process when considering the use of a PCW;
- Providing clarification on the definition to ‘offender’s behaviour’ to more accurately reflect the consideration of a person’s offending history;
- Establishing a more detailed process for victim and reparation considerations; and
- Exploring regular audits of National Intelligence Application (NIA) notings for PCW which have been issued where there is a victim (noting that the majority of PCWs are issued for public order offences without a known victim).
“Specifically, Police will be ensuring that more consideration be placed on the view of victims where there is one and the need to agree reparation where there has been a financial loss incurred,” says Mr Haumaha.
“As part of our national operating model, Prevention First, victims of crime remain at the heart of what we do and I am confident this ongoing programme of work will continue to reaffirm this commitment.
“This work will also help to address the inconsistences in practices across the country where different districts applied the PCW policy in differing ways.
“However, as the IPCA have acknowledged in their findings, there is no evidence to suggest any differential treatment is being given on the basis of ethnicity.”
Part of this programme of work will include the development of a revised training package to introduce the new changes and re-familiarise staff with the PCW process.
Police expect this programme of work will be completed towards the end of this year with the new policy and training package introduced in early 2017.
Adjacent to the review of the PCW policy, work is being undertaken to revise Police’s graduated response model which assists in aligning the alternate resolutions available to staff.
“To bring a case before the courts, Police must satisfy two ‘tests’ outlined in the Solicitor General’s Prosecution Guidelines, those being the evidential sufficiency and public interest tests,” Mr Haumaha says.
“Where an offence is identified, a range of alternative resolutions are available to Police to appropriately resolve offending within their constabulary powers.
“These include issuing verbal warnings, issuing a PCW, or referring offenders to a Community/Iwi Panel or service provider to help address factors underlying the offending behaviour”
To address this, Police are revising the graduated response model to ensure staff are aware of the options available when considering the appropriate response for offending, and this includes updating and improving the guidance on PCWs.
“I am confident our current programme of work will address the findings of the IPCA’s review and we’ll continue to keep them appraised of our progress.”
ENDS
Released by Nic Barkley, Police Media Centre