PSD 3_pages 10.docx

**NOTIFIABLE ASSOCIATIONS** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | Notifiable Associations | +===================================+===================================+ | Reference No...

**NOTIFIABLE ASSOCIATIONS** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | Notifiable Associations | +===================================+===================================+ | Reference No | PSD 3 | +-----------------------------------+-----------------------------------+ | Relevant Department or | HR Steering Group | | | | | Group | | +-----------------------------------+-----------------------------------+ | Ownership | Professional Standards Department | +-----------------------------------+-----------------------------------+ | Document Author | Inspector Lakis | | | Hadjichristodoulou | +-----------------------------------+-----------------------------------+ | Approved by | Executive Board | +-----------------------------------+-----------------------------------+ | Approval Date | December 2019 | +-----------------------------------+-----------------------------------+ | Implementation Date | December 2019 | +-----------------------------------+-----------------------------------+ | To be Reviewed Date | December 2026 | +-----------------------------------+-----------------------------------+ | Last Revised Date by | December 2023 Supt M. Kemal | +-----------------------------------+-----------------------------------+ | Quality Assured by | | +-----------------------------------+-----------------------------------+ | Protective Marking | Not Protectively marked | +-----------------------------------+-----------------------------------+ | Linked to other | [Code of | | | Ethics](https://modgovuk.sharepoi | | Standing Order | nt.com/:w:/r/teams/25468/STANDING | | | %20ORDERS%202023/Standing%20Order | | | s%202023%20onward/PROFESSIONAL%20 | | | STANDARDS%20DEPARTMENT/PSD%205.do | | | cx?d=w518b40b60a8340198aa944f1751 | | | 0ac89&csf=1&web=1&e=Xg2vjg) | +-----------------------------------+-----------------------------------+ | Relevant Legislation | [Police Ordinance | | | 2007](https://www.sbaadministrati | | | on.org/home/legislation/01_02_09_ | | | 04_INCON/P/20200630_AGLA_PoliceOr | | | dinance-2007_CONSOL.pdf) | | | | | | [Police Regulations | | | 2007](https://www.sbaadministrati | | | on.org/home/legislation/01_02_09_ | | | 04_INCON/P/20221114_AGLA_Policean | | | dPrisonOfficers_General_Regulatio | | | ns-2007_CONSOL.pdf) | | | | | | [Police Discipline Regulations | | | 2022](https://www.sbaadministrati | | | on.org/home/legislation/01_02_09_ | | | 06_PIs/01_02_09_06_63_PI_2022/202 | | | 20601_PI-19_G2029.pdf) | | | | | | [Prevention of Corruption | | | Ordinance | | | 2015](https://www.sbaadministrati | | | on.org/home/legislation/01_02_09_ | | | 05_ORDINANCES/01_02_09_05_56_ORD_ | | | 2015/20150901_Ord-11_G1784.pdf) | +-----------------------------------+-----------------------------------+ | Pages | 10 | | | | | (Including this page) | | +-----------------------------------+-----------------------------------+ **TABLE OF CONTENTS** [Introduction] Page 3 Section 1 ------------------------------------------------- ---------- ----------- [Aims] Page 3-4 Section 2 [Definition -- Association] Page 4 Section 3 [Notifiable Association] Page 4-6 Section 4 [Groups of Organisation] Page 6 Section 5 [Legislative provisions] Page 7-8 Section 6 [Reporting Notifiable Associations] Page 8 Section 7 [Procedure] Page 8-9 Section 8 [General Review] Page 10 Section 9 [Abbreviations and Glossary] Page 10 -------- ------------------ **1.** **Introduction** -------- ------------------ The purpose of this policy is to prevent the opportunity for corruption by identifying and managing associations between members of the SBA Police and the public, that may have an adverse effect on the ability of police officers to carry out their duties. It is also intended to safeguard officers from allegations of corruption and protect the reputation of the Organisation. The key threat to the Police Service is that of notifiable associations leading to the disclosure of intelligence, vulnerability to wider corruption, operational compromise and loss of public confidence. This document sets out the guidance on personal associations that must be notified by members of SBA Police and all Officers should be familiar with it. The SBA Police Force expects and demands the highest levels of honesty and integrity from all police officers. There is an expectation that the highest standards of conduct will be observed in both private and professional lives, under the principles of the Code of Ethics and in line with the provisions of the law and relevant policies. An obvious risk is identified in that, some officers, will associate with inappropriate persons, groups or organisations and engage in activity, inadvertently or otherwise which could compromise the operations, image, or activity of the Police. The Force acknowledges that there will be associations which are unavoidable e.g. through marriage/civil partnerships or family/close relationships. Compliance with this guidance will protect the integrity of police officers who may find themselves in this position. It is important that all officers understand the importance of adhering to this guidance to ensure that no doubt can be cast on the integrity of the Force or its operations. **2. Aims** The aims of this standing order are to: - Protect the Police from organised crime groups and individuals who are likely to corrupt officers - Protect individuals from unwarranted corruption allegations - Increase public confidence in the SBA Police - Provide an ethical framework that gives guidance to police officers and management where it is suspected that a member of staff is subject to a vulnerable association - Ensure fairness, objectivity, and proportionality in the application of this guidance. **3. Definition** Within this standing order the expression 'Association' will have its normal everyday meaning including: - Meeting or uniting for a common purpose - Keeping company of, being familiar - Being an ally, confederate, partner or colleague - Having friendship, intimacy or connection - Being a member of or associating with a group, organisation or society that is formed for the promotion of a common objective(s) The term 'association' is not intended to include a person whom a police officer knows casually. It is not a chance meeting with a passing acquaintance that may be repeated from time to time. -------- ---------------------------- **4.** **Notifiable Association** -------- ---------------------------- There is no definitive list of associations that will be deemed notifiable. Several factors should be considered including: - The nature of the relationship and the extent and closeness of the association. - The antecedents and history of the person, group, or organisation with which the officer has an association. - Any known criminal convictions of the person or persons within the group or organisation with whom the police officer has an association. The number, seriousness and frequency of convictions, including the latest conviction. - The known or suspected involvement in crime or inappropriate activity of the person or persons within the group or organisation with whom the police officer has an association, about how strong the suspicion is. - The known criminal associations of the person or persons within the group or organisation with whom the officer has an association with and whether those associations are close and/or current. Such information should only be known due to disclosure by the associated persons, and not through intelligence or information obtained from police systems for unlawful and none policing purposes. - The nature and object of the group or organisation to which the officer is associated. **An association will be considered notifiable where it is likely to:** - Compromise a member of SBA Police and/or - Compromise the operations or activity of SBA Police and/or - Compromise the reputation of SBA Police It should be generally presumed that association with persons with criminal convictions and/or in respect of intelligence regarding current or recent criminal activity would be considered as notifiable and as having the potential to compromise the individual officer, operations, activity or reputation of SBA Police. 'Association' does not include a chance meeting. However, where any such meeting may compromise the impartiality of the member of the Police, the matter should be reported to protect the interests of the officer. Where a police officer knows or suspects an association exists with any person of the following categories, it should always be disclosed. - Persons with criminal convictions (other than minor traffic violations) - Persons charged with a criminal offence where matters remain unresolved - Persons known to be under investigation for, but not yet charged with a criminal offence - Persons subject to intelligence investigation - Persons dismissed, required to resign, or suspended from police service following disciplinary or criminal proceedings. - Persons employed or engaged in any business or activity where there is a potential conflict of interest with the officer's role or generally the SBA Police, e.g., private investigators and journalists. This applies irrespective of whether these associations have been previously declared as part of any security clearance or vetting procedure It is not intended to prohibit all the associations listed above, but for reasons of clarity these are listed as categories of association that must be declared in order that a determination can be made. The list is not exhaustive and any association falling outside of these categories must still be declared if the previously stated criteria apply. -------- ---------------------------- **5.** **Groups of Organisation** -------- ---------------------------- There is no definitive list of groups or organisations for which association would constitute a notifiable association. The following (non-exhaustive) list of circumstances may constitute a notifiable association: - Association by a police officer of any group with an active part in politics - Association with groups or organisations involved in law breaking or criminal activity such as certain animal rights groups, football hooligans etc - Association with groups or organisations that would adversely affect the reputation of the Force. This could include but is not limited to, racist groups and political parties or activist groups with aims that contravene the Mission and Vision of SBA Police and its Code of Ethics. - Association with groups or organisations that advocate either active or passive noncompliance of the law. - Association or activity with a person, group or platform, whether in person, by any means of correspondence or through social media, which would have the potential to compromise the individual officer, operations, activity or reputation of the Force. - Association with a group or activity where the individual officer has regular personal contact with a person who is involved in criminal activity (e.g. sports teams & fan's club). -------- ---------------------------- **6.** **Legislative Provisions** -------- ---------------------------- Officers are reminded: - - **General powers and Duties (Section 18 of the Police Ordinance 2007)** -- The section among other, provides that a police officer: - has a duty to collect and communicate intelligence affecting the public peace - has a duty to prevent the commission of offences - will be deemed to be on duty at all times - take part in political propaganda - interest himself directly or indirectly in any way in a public electronic campaign - unless on duty, hold or take part in a procession, demonstration, or public meetings without the prior permission of the Chief Constable **The Standards of Behaviour within the Discipline Regulations 2022.** -------- ------------------------------------------ **7.** **Reporting of Notifiable Associations** -------- ------------------------------------------ Where any police officer knows or suspects or becomes aware of an association which may make them personally vulnerable, they should carefully consider this guidance to determine whether they need to make a notification. They should never conduct systems checks to obviate their suspicion or belief. Where SBA Police officer(s) know or suspect that another person may be vulnerable because of an association, they must report the association and their suspicions. They should identify the person and associate, whether it is an individual, group or organisation and state why they believe the association makes them or the SBA Police vulnerable. Failure to report a potentially notifiable association may render the individual officer liable to a disciplinary and/or criminal investigation. -------- --------------- **8.** **Procedure** -------- --------------- Reports of a 'Notifiable Association' need to be made via the 3x5x2 Intelligence Form and submitted to the Professional Standards Department HQ, (PSD) as attachment through email. PSD will keep a Filing System and a Register. (SBAPs IT confidentiality / on a need-to-know basis) On receipt, the information will be sanitised and evaluated. Simple, straight forward cases will merely require advice to be given to the member of staff and relevant Information Report will be submitted to their respective Intelligence Unit, for information and system data update. The officer will be informed in writing. PSD will have a discretionary disclosure option according to the merits of each case and the people which involves. Relevant consultation will be made with the Deputy Chief Constable. Depending on the merits of each case, proportionate research will be conducted through internal and external sources for relevant information which may potentially support a formal risk assessment. This will assist in providing guidance parameters to the member of staff as to how to manage the association and highlight mitigating actions against the problem in general. Where appropriate, relevant fast track action will be taken. In these cases, the PSD, having received the initial information, will submit a sanitised Information Report to the respective Intelligence Unit of the officer concerned, making relevant research requirements. The OIU will provide feedback to the PSD on any additional information which has been secured and where appropriate, make recommendations. Where there is an identified risk, which requires mitigation by means of a lawful order, over and above general advice and guidance, the PSD will consult with the Deputy Chief Constable. These in example, may include, restricting the location or times of the associations, (See Restricted Duties), or the issue of warrants for the apprehension of the associated party for interfering with investigations / justice process, etc. In some rare occasions the action may direct that such associations are ceased. The officer and their supervisor(s) will be informed in writing, about any lawful orders required to mitigate the association. In these situations, the PSD will initiate the vetting procedure for the officer through Cyprus Joint Security Unit and a vetting interview will be conducted as soon as possible to assess any risks. The PSD, following a formal review of each case will give relevant feedback and instructions on further action, which will be communicated to the officer, in writing. Action may include: Advice / guidance to the member concerned, as to how to handle the association - Initiation of criminal proceedings - Restricted Duties - Initial action/decision to be reviewed - Formal Risk Assessment before further action - Association to cease - NFA - Information Report to OIU requesting intelligence enquiries - Association to be monitored - Legal Advice - Discipline Proceedings -------- -------------------- **9.** **General Review** -------- -------------------- The PSD will review all registered 'notifiable association' cases and provide the Deputy Chief Constable with a feedback report on pending cases, action taken and/or any irregularities, as necessary. -- -------------------------------- **Abbreviations and Glossary** -- -------------------------------- ***PSD: Professional Standards Department*** ***OIU: Operational Intelligence Unit***