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Operations
5.1 The figure below shows the percentage work done by the Scottish Crime Squad in the 8 Scottish Forces in 1998/99 (including self-generated work and that done in response to requests).
Figure 9: Percentage of work undertaken by Scottish Crime Squad in Scottish Forces
Significant seizures of controlled drugs have been made during the past year by the Scottish Crime Squad and a closer examination of these operations reveals the interlinked nature of criminality and in particular the illegal trade in drugs.
In total, the Scottish Crime Squad seized drugs to the value of £13,409,734 during the year while working along with the eight Scottish police forces, the National Crime Squad and HM Customs and Excise. Cash and property to the value of £171,833 was also recovered together with a number of firearms.
5.2 The above is just a small selection of the work done by the Scottish Crime Squad but reflects the pervasive nature of the drug trade and how it has now inextricably linked itself within the criminal framework of Scotland and the rest of the world. It is in this vein that HMIC has made comment earlier in this report of the need to ensure that Scottish policing addresses itself to the widest issues possible and that the threat to Scotland from criminal activity must be addressed at a truly nation-wide and strategic level. This is not to take away from the excellent work being done by the Scottish Crime Squad, of which the above are just a few examples, but a recognition that as criminality moves on, so must the police service seek to deliver a response which should strive to be one step ahead and not reactive.
5.3 In recent years the service has taken advantage of technical and legislative improvements in an effort to combat the criminal. Through the Scottish TSU the Scottish Crime Squad makes use of ever more high-tech and innovative equipment, but faces the escalating problem of many once "secret" surveillance techniques being regularly displayed in the public domain via the media. This may lessen the effectiveness of former tried and tested methods and may at times increase the risk to officers. This has placed more reliance on the use of informants and the Scottish Crime Squad are aware of the need to develop high quality sources of intelligence within the Scottish criminal network. The use of under cover officers is also a developing area with the potential to yield important results and the Scottish Crime Squad co-ordinate this activity for forces within Scotland. Although such operations are meticulously planned and assessed, there is always an element of risk to officers involved in undercover work and the service must be grateful to those who undertake it. The management of the Squad take this aspect very seriously and as a matter of course provide officers with professional psychological counselling to ensure that they are properly debriefed and not harmed by the experience.
Part III Authorisations
5.4 February 1999 saw legislation come into force which requires specific covert activity to be authorised by Chief Constables subject to the approval of Commissioners appointed under Act of Parliament. Although authorisation was required previously, Part III of the Police Act 1997 now brings this within a legislative framework. Due to the specialised nature of such work, Chief Constables in Scotland have agreed that the appropriate professional and technical expertise best lies with the Scottish Crime Squad. The applications made to date have concerned operations in 5 forces and it appears that since the introduction of the legislation there has been a greater willingness to consider the use of such techniques. The Commander of the Squad, unlike the Director General of the National Crime Squad for England and Wales who holds the rank equivalent of Chief Constable, is unable to authorise operations directly and requires to seek this through individual Chief Constables.
Evaluation
5.5 These areas of work obviously have great potential to make in-roads into the structure of serious and organised crime within Scotland. HMIC would welcome the detailed monitoring and evaluation of the different operational activities such as deployment of technology, undercover work, tasking of informants, Part III surveillance activity, and traditional surveillance. Such an evaluation should provide data to enable an assessment to be made of their respective value in delivering the desired outcomes. This would enhance the decision making process as to what level of resources to commit to the specific activities. Reference was made at Paragraph 2.7 with regard to using management information to inform operational decision making and HMIC would see this type of evaluation as supporting that process. If decisions are to be taken on increased investment these should be informed by current data on "what works".
Asset Confiscation
5.6 Legislation in recent years has allowed the courts to confiscate the assets of those convicted of drug trafficking and other crimes. The legislation has been designed to prevent those engaging in crime from benefiting from the accumulation of sometimes substantial wealth. Financial investigation is therefore an important aspect of the Scottish Crime Squad operations. Not only can asset confiscation stop criminals profiting from their trade, it also has the capacity to disrupt criminal activity. Every Scottish Crime Squad syndicate has at least one officer trained in financial investigation and this expertise has been augmented by the creation of a full time financial analyst post. There has been delay in filling a current vacancy and this is hampering the Squad taking a more pro-active rather than a reactive approach to financial investigation. However at the time of the inspection the management were hopeful that the matter would soon be resolved and the 1999/2000 'goals' reflect the Squad's commitment to this area of work. In 1997/98 over £3/4m worth of assets were identified from 7 Scottish Crime Squad operations, but to date only 3 cases had been dealt with by the courts leading to confiscation of just over £55,000. The other cases were either awaiting the outcome of appeals or hearings. In 1998/99 nearly £1/2m of assets were identified and the 3 cases concerned all await hearings.
5.7 There is no provision in legislation for confiscated money to be re-directed back into the fight against crime, for either prevention or enforcement. The 1996 HMIC Inspection Report on the Scottish Crime Squad pointed out that increased resources were being spent on asset confiscation enquiry work and therefore it might be reasonable to consider financing this with confiscated money.
Partnership
5.8 Liaison between the Scottish Crime Squad, forces and other law enforcement organisations exists on both an informal and formal basis. There is liaison through the wide variety of common professional forums, in the planning and execution of joint operations, attendance on working groups and training courses, and in the day to day life of the Crime Squad officers. The Scottish Crime Squad, all Scottish forces, NCIS, HM Customs and Excise, Crown Office, and Procurators Fiscal are core members of the Drug Enforcement Forum set up under the direction of the First Minister and each of these organisations is represented at the annual Scottish National Drugs Conference. The Commander reports to the Standing Committee of Chief Constables and provides an input to the quarterly meetings of the Association of Chief Police Officers in Scotland (ACPOS) Crime Standing Committee Investigations Sub-Committee, as well as the Sub-Committee on detective training. The Commander and his deputy have a structured programme of yearly visits to all Scottish forces, meeting with a member of the Force Executive. At this level liaison and communication is good but at a local branch level more variations were evident.
5.9 The Paisley Branch Commander attends the regular Strathclyde senior CID Management meetings but is also an integral part of the Joint Bi-Monthly Operations meetings at which the Scottish Crime Squad, SCIO, NCIS, HM Customs and Excise and Strathclyde Police are represented. These meetings perform a tasking and co-ordinating role where information is exchanged and targets and potential targets identified.
5.10 The Edinburgh Branch Commander attends the Lothian and Borders monthly CID Management meetings but has no such formal arrangement with other forces. The syndicate head at Stonehaven attends the Grampian Police Senior CID Management meeting but again no similar arrangement exists with either Tayside or Northern Constabulary. HMIC recognises that approaches were being made to standardise liaison but nothing structured has so far been forthcoming. HMIC was advised of one example of a "lost opportunity" when a force had not advised the Squad of an early interest in a Crime Squad target, which had only come to light when the party moved to another force area with which better liaison existed.
5.11 The table below shows, of the work done by the Scottish Crime Squad in each of the Scottish force areas, the percentage which was undertaken as a result of "requests" for assistance as against that initiated by the Scottish Crime Squad.
Figure 10: Percentage of Scottish Crime Squad Work comparing 'response to requests' against 'self initiated', by force - 1998/99
5.12 With the exception of Tayside, it is the forces with the formal liaison with the Squad that request assistance least. Although nearly 40% of all the work undertaken by the Scottish Crime Squad is within the Strathclyde force area, it can be seen from the above table that in 1998/99 this was all at the instigation of the Squad and none at the request of the force. This appears to reflect:
Tasking and Co-ordinating
5.13 The advantage of the early identification of targets and the clear definition of the action to be taken by respective partners would appear to be preventing the necessity of later requesting assistance from the Squad. This allows a more focussed approach to main target activities. HMIC commends the benefit of open and early sharing of intelligence and co-ordination of tasks between the Scottish Crime Squad, forces and partner agencies. This approach has worked well within the Paisley branch. HMIC recommends that formal tasking and co-ordinating be developed to encompass all the Scottish forces and associated law enforcement agencies and that such meetings should be at a strategic level and not problem led.
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Recommendation 6 HMIC recommends that the Standing Committee of Chief Constables establishes a formal tasking and co-ordinating mechanism for the Scottish Crime Squad. This should encompass all of the Scottish forces and associated law enforcement agencies and meetings should be at strategic level and not problem led. |
Liaison
5.14 The move to the new Headquarters and Paisley Branch Office at Osprey House in November 1996 has co-located the Scottish Crime Squad with the Scottish office of the National Criminal Intelligence Service and the investigations wing of HM Customs and Excise. At the outset it was anticipated that the close proximity of these agencies would engender an atmosphere of co-operation and encourage a free flow of intelligence. This has more than proved to be the case and as personal and professional contact has grown, highly productive working relationships have been the result. A significant increase in the two way flow of intelligence between SCIO and NCIS is just one example and the 'interchange' of police and HM Customs and Excise personnel during operations, was another. As a model of good practice the structure within Osprey House has to be commended.
Scottish Criminal Intelligence Office (SCIO)
5.15 The SCIO, situated within the Crime Squad Headquarters at Osprey House, is an integral part of the Scottish Crime Squad but with a wider remit to service the Scottish forces. The staffing of the SCIO is detailed below.
The SCIO Confidential Unit is the source of much of the high level intelligence being fed into the Scottish Crime Squad and is tightly managed on a need to know basis, it being the only holder of the entire intelligence picture. An excellent relationship has been established with the NCIS office (co-located at Osprey House) and a protocol was in the process of being drawn up allowing for unrestricted access to information between the agencies.
5.16 The posts of Intelligence Analysts were reviewed by Strathclyde Police Personnel Department at the end of 1998. This led to substantial upgrading, reflecting the skills and importance of the analytical expertise required to turn information into intelligence. The Senior Intelligence Analyst has been heavily involved, with staff at the Scottish Police College, in establishing a criminal intelligence analyst training unit at the college, which will see its first students in the autumn of 1999. Scottish Crime Squad management would welcome greater analytical support and would ideally like to see an analyst dedicated to each syndicate.
5.17 The current staff within SCIO were keen to emphasise that they are not simply a repository of information and intelligence but were working hard to be an operational tasking force driving Squad activity. There was evidence that this was being achieved and of their 28 development operations over the last year, 15 had resulted in comprehensive target packages for the syndicates. It was routine within the Paisley office that packages were identified and developed within SCIO before being taken on board by the syndicates. Great strides had been made to extend this practice to the Edinburgh branch and last year, for the first time, all new Edinburgh Branch operations were developed by SCIO. This practice ensures that targeting and deployment focuses on the overall aims and objectives of the squad and operational officers are not deflected from current work into research for future jobs. There was also evidence of excellent liaison between the syndicates and SCIO before, during and after operations, providing better continuity and ownership of target packages.
5.18 However this tight link was noticeably absent with the Stonehaven office who identified and researched their own targets, sometimes enlisting the help of local forces. HMIC feels that it is important that the more central strategic focus which is being applied to the majority of the Squad should govern all syndicate operations.
5.19 There is no doubt however that the location of the Stonehaven office had contributed to the situation. All field intelligence officers presently work from Osprey House and the development of targets outwith the central belt has been somewhat restricted. This can be contrasted with the recent addition of 2 officers from the Edinburgh branch to the SCIO strength which appears to be paying dividends. Following HMIC's 1994 inspection of the Scottish Crime Squad, an SCIO Development Sub-Group was formed by the Association of Chief Police Officers in Scotland (ACPOS) which recommended that the number of field intelligence officers be increased by 4. This has not happened and the two additional officers from Edinburgh have come from the branch strength. If the SCIO is to fulfil its function as the engine room for Squad activity it is important that it is properly resourced to enable it to do so.
Scottish Technical Support Unit (TSU)
5.20 The Scottish TSU was founded in 1990 and is based within premises at Dunfermline Police Office. It has a current complement of one detective inspector, one senior technician, 5 technicians and a communications/clerical assistant. This staffing level has remained constant since a review was carried out following a 1994 HMIC report recommendation.
5.21 The TSU provides expertise in and undertakes a variety of tasks including:
5.22 The working party which led to the establishment of the TSU recommended that "each police force or specialised department should have available the best advice and equipment for the technical operational needs" and that this be "provided centrally through a single office, financed from common police services in respect of major, expensive items". HMIC considers that this vision for the TSU may need to be revisited as times and technology have since moved on. In particular there is a need to consider what constitutes "major" or "expensive" items. It is certainly not the case that technical support for the Scottish Police Service is being provided solely from the TSU and two forces have established in-house technical support units to service what they see as a local need. Others have been acquiring a variety of technical equipment for surveillance work and for video enhancement to deal with the ever increasing volume of CCTV material.
5.23 To be able to access such facilities locally may be quite appropriate and HMIC feels that a clearer understanding is required of what should be provided at a force and what at a national level so that best value is obtained from the resources available to Scottish policing. The Scottish TSU should be seen not as an equipment store but as a centre of professional expertise capable of providing a sophisticated level of technical support. One centralised office at its present location may not be best placed to do this.
5.24 Demand for the services of the TSU has risen over the years but there have been fluctuations in the services requested as forces have developed their own capabilities. Although the unit is under the operational and administrative control of the Commander of the Scottish Crime Squad, there is nothing to indicate that the Squad work receives any higher priority. The 'pie chart' below indicates the percentage of work done by the TSU as measured by their response to requests received.
Figure 11: Scottish Technical Support Unit - Distribution of Requests by Force, 1998/1999
The balance is difficult to equate with the crime rate or work load across Scotland and the high level of use of the TSU by Fife Constabulary reflects the geographical advantage of the TSU's location. Taken together there is significant evidence that some forces are effectively using the TSU as a centrally funded force resource to the potential detriment of a wider strategic role.
5.25 Due to increasing demand, not all of which is for the provision of support to criminal investigations, TSU staff are left with the task of prioritising requests for assistance. Although requests are always met, there is often a delay in responding and sometimes only equipment, rather than professional expertise, can be provided. Prioritisation tends to be done within the TSU rather than at Scottish Crime Squad management level and raises the question of where the TSU sits within the framework of Scottish policing and what its main operational role is. Although the TSU sets annual goals, there is no strategic plan for the unit which would assist in the prioritisation of tasks. A better performance management process would also aid this. Work load at present is calculated on the number of requests responded to and jobs undertaken. However, with the increase in complexity of operations, particularly on behalf of the Squad, this equation is no longer an accurate measure of the time, expertise or commitment expended by the TSU. The TSU are aware of this and HMIC was informed that staff were going to look at a more accurate form of measurement and evaluation. HMIC would be supportive of this and considers that a better performance measurement system is fundamental to the prioritisation of work in a structured and strategic manner.
5.26 While the present management structure has proved valuable to the service, as times move on and technology advances HMIC questions if it will in future be necessary for a police officer to be in charge of the TSU or whether a technically qualified member of support staff would not be more appropriate. Although current and past police incumbents have had a technical background such skills may not always be readily available in the future.
Internal Inspection
5.27 Following a breach of security at the Scottish Crime Squad Edinburgh offices in 1992, a Security Review Team was established by the Standing Committee of Chief Constables. The Review was carried out by 3 Assistant Chief Constables and the Commander and made a number of recommendations mostly concerning security and internal procedures. One of the recommendations was that a member of the Standing Committee should undertake a biennial inspection of the Scottish Crime Squad, to compliment that undertaken by HMIC. This was not put into practice and in 1994, HMIC suggested that this function could be fulfilled by the Deputy Commander of the Squad, and recommended that an internal inspectorate be set up. This recommendation was adopted and since then, the Deputy Commander has undertaken an annual inspection which focuses on issues associated with the maintenance of records and security. There is however an intention to move away from this to a system of self-assessment conducting internal inspections on a thematic basis.
5.28 Another of the 1992 Security Review Recommendations was that an Assistant Chief Constable of the force in which the Scottish Crime Squad offices were located, exercise an overview of the Squad activities. This was not to impinge on operational matters but to "lend advice, support and direction". HMIC does not see how such a recommendation could fit within the accountability structures of the Squad and there is no evidence that it was ever acted upon. However HMIC is unclear as to the current status of this 1992 Security Review recommendation and would ask that the matter be clarified so that all parties are clear where their responsibilities lie. If the recommendation is still live, it should be acted upon. If it is no longer applicable, the Standing Committee may wish to formally record that fact and to set out the current position in order to remove any remaining doubt.
Management of Overtime and Allowances
5.29 The 1998/99 Scottish Crime Squad overtime budget had the capacity to pay 14 hours overtime per officer per fortnight, and overtime was distributed to the syndicates on this basis. However in order to provide a degree of flexibility, for the current financial year, the Commander has reduced the allocation to 10 hours per officer and retained a small central fund.
5.30 All the syndicates reported difficulty in managing within the overtime allocation and due to budgetary constraints there was a tendency for officers to accrue substantial amounts of "time" in lieu of payment. However due to the pressures of work there was often little opportunity for time off to be granted. Officers also reported that at times they would not even bother claiming 'time' for the extra hours they worked. It must be said that throughout the inspection none of this was reported as a matter of complaint and great credit must be given to the officers for the flexible and committed approach they take to their work. A similar approach was taken with regard to the payment of subsistence claims, these being restricted to a limit of 13 in any one month.
5.31 It was clear that the requirements of police regulations in relation to overtime and allowances were not being met. There are no guidelines within the Scottish Crime Squad Standing Orders regarding the amount of "time" in lieu of payment that can be accrued. The acquisition of large numbers of hours, without the opportunity to grant time off, creates potential welfare issues but also exposes the budget holder to the risks of potential financial demand which could not be met. HMIC recognises that the present system has developed from the best of intentions and the desire to be flexible in order to maximise operational efficiency. However, HMIC is of the opinion that in order to demonstrate the integrity of an organisation it is important that matters such as these are managed within the regulations.
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Recommendation 7 HMIC recommends that police overtime and subsistence within the Scottish Crime Squad be managed according to current regulations and conditions of service. If the Standing Committee considers that the current legislation governing these issues is inappropriate it is open to chief constables to make recommendation for change to the Scottish Executive. |
Professional Standards
5.32 There is a distinct recognition of the importance of high ethical standards and strong leadership within the Scottish Crime Squad and there are plans to include a number of internal checks within the Standing Orders which are currently being reviewed. HMIC considers it is important that police organisations have within their procedures internal mechanisms for ensuring that ethical and professional standards are encouraged and maintained. This should be done not only through routine checks but also by adopting a pro-active approach. Crucial to the issue of integrity is the question of "vetting". This has traditionally been applied to posts which involve issues of national security. As serious crime has become more commercialised and intelligence has developed it is now possible for individual officers to be in possession of knowledge of substantial commercial value to the criminal world, but because their post does not involve national security there is no formal vetting procedure. HMIC was impressed by the comments of one Scottish Crime Squad and former special branch officer who contrasted the intensive vetting associated with his previous post with its total absence in his current position. He offered the opinion that the potential damage from disclosure of information currently in his possession was at least as significant as when he was in the special branch. HMIC believes it is time to re-visit the issue of vetting in the light of the scale of serious and organised crime and put in place formal arrangements in respect of appropriate posts in the Scottish Crime Squad.
5.33 HMIC wish to make it quite plain that the above comments are not triggered by any concerns regarding the current integrity of the squad but stem from a belief that the service needs to continually re-assess its procedures in the light of changing circumstances. It is in this context that HMIC recommends that the Standing Committee of Chief Constables develop an appropriate code of professional standards and ethics for the Scottish Crime Squad. Whilst recognising that chief constables will have their own thoughts as to what should be included HMIC suggests that there may be value in examining work currently being undertaken by the National Crime Squad of England and Wales and a thematic inspection report on police integrity recently published by HMIC for England and Wales. Integrity in its broadest sense relates to fairness, equality, probity and openness. It is the ability to demonstrate these qualities through internal and external scrutiny that maintains not only professional standards but also the confidence of fellow law enforcement agencies and the public alike.
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Recommendation 8 HMIC recommends that the Standing Committee of Chief Constables develops a code of professional standards and ethics for the Scottish Crime Squad. This should include criteria and procedures for personal vetting of squad officers and support staff. |
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