INTRODUCTION

This is the third in the series ‘COMMUNITY CRIME REDUCTION PARTNERSHIPS – THE RETAIL CONTRIBUTION’. It follows the ‘ADDITIONAL REFERENCE MATERIAL’ information pack which shows examples of the documentation from partnership crime reduction schemes around the UK to enable local town, city and shopping centres to be formerly structured to ensure all legal obligations are met, specifically in the area of handling sensitive personal data under the Data Protection Act, 1998. This publication draws on these examples of good practice and presents them in a simple form which will enable local schemes to adopt a common format for the management of their own partnerships. This publication is a model which can be easily adapted and used as a check list for existing schemes, to ensure correct compliance with, e.g. the Data Protection Act and good management of the scheme taking into account operational guidelines, codes of practice, audit and security to which each member of the partnership must adhere. For towns, cities and shopping centres which do not have properly structured crime reduction partnerships, this model will give a comprehensive introduction to what is required and save a great deal of ‘research time’ in getting started. The detailed examples in the publication can be amended to meet local operational requirements. However, the local partnership must have policies in these core areas: • • • • • • • Codes of Practice Operating Guidelines Constitution Data Integrity Agreement Police agreement for sharing photographs within the partnership Exclusion Notice Scheme Necessary Indemnity Insurance

1

Additional sections include: • Invitation to join local scheme • Role of local collator/retail crime operation manager There are now many locations where strong and effective retail crime reduction partnerships are driving down crime as an important part of local community safety strategy. This publication should be used as the model to enable your local retail community to make its contribution towards a safe and secure environment.

5

ACKNOWLEDGEMENTS
Once again, the authors wish to acknowledge the assistance given by the organisations listed below in compiling information for this good practice guide and for permitting the reproduction and inclusion of various documents. Hertfordshire Constabulary, Derbyshire Constabulary, Metropolitan Police, West Mercia Constabulary, West Midlands Police (Harborne Crime Prevention Initiative), Greater Manchester Police (Stockport Anti-Theft Group), the Data Protection Commissioner, Rhyl Exclusion Scheme, Blackpool Town Centre Retail Radio Link, Worcester Retail Security Group (WRSG), Retailers Against Crime in Scotland (RACS) and the Oxford Street Association. Further copies of this guide can be obtained free from ‘Business Crimecheck’ c/o The Crime Reduction College, York and the Scottish Business Crime Centre, Stirling (Tel: 0870 603 8764). You can also access the text at the following website address: http://www.homeoffice.gov.uk/. Also available • COMMUNITY CRIME REDUCTION PARTNERSHIPS – THE RETAIL CONTRIBUTION • COMMUNITY CRIME REDUCTION PARTNERSHIPS – THE RETAIL CONTRIBUTION, ADDITIONAL REFERENCE MATERIAL

6

[ ] RETAIL CRIME OPERATION [ ]

2

CONSTITUTION

7

CONSTITUTION
SUBJECT REFERENCE PAGE

• SCHEME TITLE • MANAGEMENT OF THE SCHEME • AIMS & OBJECTIVES • MEMBERSHIP • MEETINGS • VOTING • ADMINISTRATION • FUNDING, FINANCIAL RECORDS & AUDITING OF ACCOUNTS • BANKING PROCEDURE • PROCESS • BENEFITS • LIABILITIES

1.0 2.0 3.0 4.0 5.0 6.0 7.0

9 9 9 10 10 10 10

8.0 9.0 10.0 11.0 12.0

10 11 11 11 11

8

[
1.0 1.1 2.0 2.1 Scheme Title

] CONSTITUTION
The Scheme will be known as the [ Management of the Scheme The [ ] will be representative of the participants and other interested parties, formally constituted and managed. A steering committee made up of [number of] members will be appointed from the membership. This group will meet [number of times] a year. This committee will oversee the aims and objectives of the Scheme. From within the membership of the steering committee, a Board of Management (BoM) will be appointed to guide, manage and advise on the day-to-day operation of the Scheme. This group will include a Chairman, Secretary and Treasurer. This group will be made up of [number of] members. The BoM reports to and is accountable to the steering committee. The BoM will be responsible for the financial, operational and disciplinary regulation of the scheme. Any alterations recommended by the BoM will be subject to approval by a majority vote of the steering committee. The BoM will agree the annual charges for membership. This will be confirmed by the steering committee. Voting for resolutions or appointments within the Scheme shall be by majority vote. In the event of a tie, any resolution shall fail. Representatives of the Police and other organisations involved in the Scheme will be entitled to attend the steering committee and BoM meetings in an advisory capacity and/or at the invitation of the committee members. ] Retail Crime Operation ( ).

2.2

2.3 2.4

2

2.5 2.6

2.7

2.8

2.9

2.10 The BoM are empowered to ensure that all Scheme policies and procedures are fully complied with by each member. 3.0 3.1 3.2 3.3 Aims & Objectives To gather, collate, process, exchange and manage all information relating to retail crime. To reduce and prevent criminality and anti-social behaviour. The Scheme objectives are: 1. 2. 3. 4. 5. 6. 7. The prevention and detection of crime. To reduce the opportunity to commit crime. The apprehension or prosecution of offenders. To reduce retail crime losses for members. To create a “safe and secure” environment for customers and staff. To strengthen partnerships with the Police, local authority and others. To be an integral part of the local community safety strategy.

9

4.0 4.1

Membership Membership will be drawn from businesses who trade in or in close proximity to [ ] and representatives of other interested Parties. Members must fulfil certain criteria to conform to the objectives of the Scheme before membership is granted. Applications for membership will be agreed by the steering committee. Members will pay an agreed fee to cover the running costs of the Scheme. This amount shall be fixed annually by the BoM. Payment will be in advance to the Scheme account. Refunds will not be permitted. Members who are in breach of any code of conduct or other rules governing activities of the Scheme shall be liable to disciplinary action by the BoM. This may take the form of warning, suspension or expulsion from the Scheme. Meetings An Annual General Meeting will be held at a date to be agreed. Other meetings held during the year as and when required. Voting Each member will have one vote. In the event of a tie, the Chairperson will have the casting vote. A quorum for a meeting shall be not less than [numbers of] Members. Administration The officers of the BoM shall be the Chairperson, Secretary and Treasurer. The officers shall be elected at the Annual General Meeting from nominations received from the Membership. Their period of office will be 12 months. The secretary should prepare the agenda meetings after consultation. The members may propose items for inclusion on the agenda, which should be notified to the Secretary in advance of the next meeting. Minutes of meetings will be taken and circulated. The BoM will be responsible for all monies, accounts and property of the [ ] Scheme. Funding, Financial Records and Auditing of Accounts [ ] should be self-financing and will be non-profit making.

4.2

4.3

4.4 4.5 4.6

5.0 5.1

6.0 6.1

6.2 7.0 7.1

7.2

7.3

8.0 8.1 8.2

Surpluses after payment of all costs will be carried forward and must only be used to achieve the objectives of the Scheme. The finances and financial records of the [ audited and submitted to members at the AGM. ] Scheme will be

8.3

8.4

The BoM will provide a financial statement of accounts to coincide with the meetings of the steering committee or as otherwise requested.
10

9.0 9.1

Banking Procedure The [ ] Scheme will operate a separate bank account. Members of the steering group and other authorised individuals can make credits to the account. Only the Chairman, the Secretary and those appointed members of the steering group will be signatories and authorised to make withdrawals. There must be two signatories for each withdrawal.

10.0 Process 10.1 The Scheme office shall be established at [location]. 10.2 The Scheme shall be run by [ ].

10.3 A manager will be appointed who may employ additional staff as are required to assist with the management of the Scheme, subject to prior agreement of the BoM and approval by the steering committee. 10.4 The Scheme may be amended, extended or terminated by majority agreement of the members. 10.5 If the Scheme is terminated, any monies should be reimbursed to members after all outstanding items have been taken into account. 11.0 Benefits 11.1 Members will be entitled to receive reports, photographs or other information concerning the activities of retail thieves or other criminals whose activities affect their trading environment. 11.2 Members must ensure that they put internal systems in place to enable them to identify target thieves and to pass that information to the Scheme. 11.3 The Police will have proper access to data for the purposes of crime prevention or detection. Other third party disclosure will be within the terms of the data registration. 11.4 Non-specific data may be released from time to time to assist other crime reduction initiatives/agencies. 12.0 Liabilities 12.1 [ ] may withdraw the services it provides by giving [number of] months notice of its intention. 12.2 Members may withdraw from the Scheme subject to [number of] months notice.

2

11

12

[ ] RETAIL CRIME OPERATION [ ] 3

CODES OF PRACTICE

13

CODES OF PRACTICE
SUBJECT REFERENCE PAGE

• • • • • • • • • • • • • • • • • • • • • • •

INTRODUCTION 1.0 THE AIM 2.0 DESCRIPTION OF SCHEME 3.0 OBJECTIVES 4.0 STATEMENT OF PURPOSE 5.0 CRITERIA FOR MEMBERSHIP 6.0 STEERING GROUP 7.0 BOARD OF MANAGEMENT 8.0 LOCATION AND MANAGEMENT 9.0 SCHEME DISCIPLINE 10.0 TRAINING 11.0 STAFFING 12.0 THIRD PARTY EMPLOYEES 13.0 INFORMATION CONTROL 14.0 SECURITY/AUDIT 15.0 DISCLOSURE OF INFORMATION 16.0 INDEMNITY INSURANCE 17.0 MEDIA RELATIONS 18.0 DATA PROTECTION PRINCIPLES 19.0 DATA PROTECTION REQUIREMENTS 20.0 SUBJECT ACCESS 21.0 LINKS TO OTHER SCHEMES 22.0 ACCEPTANCE DOCUMENT 23.0

15 15 15 15 15 15 16 16 16 16 17 17 18 18 18 18 19 19 19 19 20 20 20

APPENDIX A • ACCEPTANCE DOCUMENT

21

14

1.0 1.1

Introduction This Code of Practice is to control the management, operation and use of the [ ] Retail Crime Operation. This document has been prepared in consultation with the Data Protection Commissioner, the Police and other contributors to the legal process. It operates strictly within the provisions of the Data Protection Act, 1998. The document will be subject to periodic review following consultation with all interested Parties, to ensure it continues to reflect its stated purpose and remains in the public and participants interests. The Aim To gather, collate, exchange, process and manage all information relating to crime, its commission and perpetrators by members of the [ ], to reduce and prevent criminality and anti-social behaviour, in order to create a safe and secure environment within. Description of Scheme The [ ] Retail Crime Operation is a proactive scheme between retailers, the Police and the local authority and is directed at criminal activity within [ ]. The members, who have each signed a confidentiality agreement are involved in the collation and analysis of data and thereafter the dissemination of intelligence and information within the membership of the Scheme. Objectives 1. 2. 3. 4. 5. The prevention and detection of crime. The apprehension and prosecution of offenders or suspected offenders. To cause a decrease in retail crime losses for participants in the Scheme. To reduce the opportunity for individuals to commit crime. To enhance the “safe and secure” concept for customers who visit and staff who work in [ ]. 6. To work in partnership with the Police, local authority, and other agencies and organisations responsible for delivering the Community Safety Action Plan.

1.2

1.3

2.0 2.1

3

3.0 3.1

4.0

5.0 5.1

Statement of Purpose The [ ] Scheme will be operated fairly and within all relevant law only for the stated aim and objective for which it was created. Each participant and contributor to the [ ] Scheme is and remains bound by this Code of Practice and any subsequent amendments to it. All operators of the system and persons considered for such employment must demonstrate an adequate knowledge of all the relevant legislation including the Data Protection Act and the Police and Criminal Evidence Act. Criteria for [ ] Membership

5.2

5.3

6.1 6.1

A member is defined as a business which has signed an agreement to abide by the Code of Practice and operating guidelines of the [ ] Scheme, is registered under the relevant provision of the Data Protection Act and has paid the relevant membership subscription to the Scheme. The [ ] membership will meet once per year.
15

7.0 7.1 7.2

Steering Group The steering group will meet regularly as agreed during the initial roll out. The group will comprise of elected/nominated delegates from the participating businesses, the [ ], the Police, and other relevant agencies, organisations and groups as required. The role of the steering group will be to: • • • • Resolve misunderstandings and difficulties Effect improvements Assist generally with the smooth and efficient operation of the Scheme Decide the level and type of management information that is shared among participating members. • Decide on the method in which this management information is shared. • Set funding policy

7.2

7.4

The day-to-day running of this will be carried out by the board of management who will report back to the steering group as necessary. Board of Management (BoM) On behalf of all the partners involved in this venture a BoM will be appointed who will act as the first point of contact on issues of the Scheme expenditure, quality control, procedure management and Scheme discipline. The BoM will initially consist of five representatives appointed by the steering group. Location and Management The [ administered by [ ] Scheme will be located at [ ]. ] and is

8.0 8.1

9.0 9.1

9.2

The Scheme, its location and equipment are managed by the [ ] steering group which has prime responsibility for compliance with its purpose and objective. In addition, matters relating to management and security also fall within the remit of this committee. Day-to-day management and operation will be carried out by the BoM.

10.0 Scheme Discipline 10.1 The Scheme has specific responsibilities, which should be fully understood by all partners and their representatives. 10.2 The steering group is responsible for the approval of all partners and the representatives of these partners. 10.3 All rules on confidentiality and data protection must be the subject of written agreement and must be strictly adhered to. 10.4 Breaches of confidentiality and contravention of the Data Protection Act may lead to criminal prosecution and/or civil actions for damages. 10.5 Lesser infringements of procedure will nonetheless be subject to sanction by the [ ] steering group. This may be in the form of further training, verbal and written warnings or removal from the Scheme.

16

10.6 Scheme operatives will receive training and be subject to continued assessment in order that a high standard can be maintained. 10.7 All persons employed or considered for employment within the [ Scheme are required to disclose prior convictions (and, if appointed, notify future convictions) in order that a judgement may be made relating to likely jeopardising of security of information and the integrity of the Scheme. The steering group will assess whether the offence has a bearing on the nature of the appointment or continued employment. ]

10.8 All persons employed or selected for employment may be required to satisfy the same conditions as would be imposed for employment by the Police, and therefore a scrupulous vetting process is necessary. 10.9 Information processed by [ ] which may prove relevant to pending or possible prosecution will be passed to the Police in accordance with local reporting procedures or any conditions laid down by the Crown Prosecution Service. 10.10 The [ ] manager or his nominated representative will be required to give witness statements to an agreed format, showing their involvement in the acquisition of such evidence. They may subsequently be required to attend court to give evidence in accordance with their involvement and the witness statement submitted. 10.11 When information is passed to a Police officer, the level and nature of response to the information will be decided by that officer. Where possible, the officer should have been advised of the terms of operation of the Scheme and the agreed procedures relating to it. 10.12 The Scheme manager is responsible for the management of the environment in which the Scheme is operated and is authorised to decide when access to the Scheme office is permitted and by whom. This will normally be Scheme operators. Police officers may attend in order to evaluate the data held and to add information and or intelligence, which may be evaluated along with the recorded data. 10.13 A detailed register will be maintained of all persons entering the Scheme office, to show their business, reason for visit and the time and duration of their access. 11.0 Training 11.1 In order to maintain high standards [ ] will establish and maintain a training programme for managers, employees and agents of participating businesses. The purpose of the training is to ensure that all concerned are fully aware of the procedures applicable to the initiative and of their personal roles and responsibilities. 11.2 A nominated [ ] contact within each retail outlet will liaise with the Scheme manager as and when new employees are introduced. 12.0 Staffing 12.1 Numbers of staff employed by [ ] will be determined by the steering group to meet the business requirements of the Scheme. 12.2 Matters relating to the individual’s – welfare, safety at work, performance/appraisal, general conditions of employment and working relationships will be the responsibility of the BoM.

3

17

13.0 Third Party Employees 13.1 Participating retailers may be represented by third party organisations such as guarding or out-sourced security services. 13.2 Disclosure of [ ] data to such employees has been considered and agreed in consultation with the Data Protection Commissioner. 13.3 The steering group will retain the power of veto on individual third party organisations in the appropriate circumstances. 13.4 Third party staff, who are employed by Scheme members, must abide by the same codes of practice/operating guidelines/data protection agreement which form the structure of the Scheme. 14.0 Information Control 14.1 The information and intelligence held within the [ ] office is confidential. No disclosure of information will take place that is not in accordance with the relevant statutory provisions. The data held may only be accessed and shared by Scheme members. 14.2 The [ ] Scheme is registered as a user {and bureau} under the Data Protection Act. All provisions of the Act relating to information capable of being processed by equipment which operates automatically will apply. 15.0 Security/Audit 15.1 All information received from participants will be assessed in terms of its intelligence value and will, if found to be of value, be held on the [ ] database. 15.2 The Scheme will maintain appropriate levels of security, in accordance with good practice and the requirements of legislation. 15.3 Members will maintain like standards of security in respect of hard copy information in their custody. 15.4 Each member agrees to appoint a locally designated representative to assume responsibility, for the protection and security of data disclosed and exchanged in the partnership, for ensuring that all security rules are applied and to facilitate any audits. 15.5 The Scheme will submit to an annual inspection with a detailed audit report against the requirements and principles of the Data Protection Act and Code of Practice. The results will be made available. 15.6 No member will be allowed to conduct an audit of their operation. 16.0 Disclosure of Information 16.1 Only those staff or agents of members who are involved in the Scheme will receive relevant information. 16.2 This relates to target photo files, updates and other information as may be from time to time released.

18

17.0 Indemnity Insurance 17.1 The steering group should consider providing appropriate insurance cover for employees and officers of the Scheme. 17.2 Members of the Scheme should ensure that adequate insurance exists within their own organisations. 18.0 Media Relations 18.1 All media enquiries should be referred to a nominated person or his/her deputy who will decide upon an appropriate response. Individual members should not seek to represent the Scheme without consultation. 19.0 Data Protection Principles 19.1 Participants of the Scheme must be aware of the eight Data Protection Principles. These principles state that personal data shall: 1. 2. 3. 4. 5. 6. 7. Be obtained and processed fairly and lawfully. Be held only for lawful purposes. Be used or disclosed only for those compatible purposes. Be adequate, relevant and not excessive in relation to the purpose for which they are held. Be accurate and, where necessary kept up-to-date. Be held no longer than is necessary for the purpose for which they are held. Individuals may be informed by data users whether they hold personal data relating to that individual, who may be given access to it, and where appropriate such data will either be corrected or erased. Be surrounded by proper security.

3

8.

20.0 Data Protection Requirements 20.1 All staff who have access to personal data recorded on the [ system must be made aware of the following: ]

1. The information held within [ ] files or other documentation is confidential and must be used only for the purpose for which it was generated. 2. Any such information must not be disclosed to any third party who had not signed the necessary Agreements. 3. The responsibility and potential liability for inappropriate disclosure rests with the individual once he/she has been made aware of these statutory requirements. 4. Breaches of confidentiality by members or their representatives may also be subject to sanctions by the [ ] membership. 5. All staff allowed access to the [ ] data should sign the organisation’s data and information disclosure declaration (see section 3 – appendix E) to indicate that they have been advised of their statutory obligations and responsibilities. 6. All [ ] information will be stored under secure conditions. 7. Target files will not be photocopied or otherwise reproduced unless expressly authorised by the [ ] office. 8. [ ] target files must only be destroyed at the [ ] office. 9. If an individual makes a request to a Scheme member regarding data held on that individual that person should be referred to the Scheme manager.

19

20.2 The Scheme procedures need to be monitored periodically to ensure efficient operation: 1. The steering group and/or any representatives authorised on their behalf will periodically audit individual members to ensure security and confidentiality. 2. Any shortcomings identified must be rectified. 20.3 Any changes to nominated contacts with individual members should be communicated to the [ ] office. 21.0 Subject Access 21.1 Where subject access to the [ appropriate fee will be charged. ] scheme database is requested, the

21.2 Currently the provisions of Section 28 of the Data Protection Act 1984 provide a conditional exemption from disclosure in cases where the prevention or detection of crime or the apprehension or prosecution of offenders would be prejudiced. 21.3 The Data Protection Act 1998 and supplementary legislation contains a number of changes and the Scheme should be aware of these to ensure full compliance. 22.0 Links to Other Schemes 22.1 If [ ] shares data with other Schemes, these Schemes must comply with the requirements of current data protection legislation. 23.0 Acceptance Document 23.1 It is a condition of membership that each member (on behalf of his/her organisation) must sign the Scheme’s acceptance document (see appendix A)

20

Appendix A

[

]

SCHEME ACCEPTANCE DOCUMENT
I have read and understood all the documentation relating to the [ Scheme. I agree to operate within the conditions, policies and procedures contained therein. I acknowledge my personal responsibility and liability with regard to membership of this Scheme. Signed On behalf of (PRINT NAME) ]

3
Date / /

21

22

[ ] RETAIL CRIME OPERATION [ ]

OPERATING GUIDELINES
4

23

OPERATING GUIDELINES
SUBJECT REFERENCE PAGE

• INTRODUCTION • MEMBERSHIP REQUIREMENTS • TARGET PHOTO FILE • DEFINITION OF A TARGET • INCIDENT INFORMATION • DATA ACCURACY • CREATION OF THE TARGET PHOTO FILE • DELIVERY OF TARGET PHOTO FILE • UPDATING OF TARGET PHOTO FILE • USE OF TARGET PHOTO FILE • FILE SECURITY • DESTRUCTION OF TARGET PHOTO FILE • INCIDENT DETAILS • DEFINITION OF AN INCIDENT • RECORDING OF INCIDENTS • INCIDENT REPORTING DOCUMENTATION • COMMUNICATION • VIDEO EVIDENCE • CLARIFICATION OF INCIDENTS
TO BE REPORTED

1.0 2.0 3.0
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9

25 25 26 26 26 26 26 26 26 26 27 27 27 27 27 27 27 27 27 28 28 28 28 28 29 29 29 29

4.0
4.1 4.2 4.3 4.4 4.5 4.6

• DATA INPUT/ANALYSIS PROCEDURE 5.0 5.1 • DATA DEFINITIONS 5.2 • STORAGE OF DATA 5.3 • INPUT OF DATA 5.4 • CONFIRMATION OF RECEIPT • RATIONALISATION OF FILES 6.0 • TARGET TRACKING 7.0 • MANAGEMENT INFORMATION 8.0 • ADDITIONAL SECURITY 9.0 LIST OF APPENDICES • A. INCIDENT REPORT FORM/ OFFENDER PROFILE FORM • B. SUMMARY ACTIVITY SHEET • C. KEY PERFORMANCE INDICATORS • D. [ ] DATA DISCLOSURE – VISITOR’S LOG • E. [ ] DATA & INFORMATION DISCLOSURE DECLARATION • F. [ ] FILE MOVEMENT RECORDS – OUTFILE/INFILE
24

30 34 35 37

38

39/40

OPERATING GUIDELINES
1.0 1.1 Introduction The aim of this operating guide is to provide a set of working procedures for the members of the [ ] Scheme. It will be reviewed and updated as and when necessary following consultation. The [ [ [ [ [ [ [ [ TELEPHONE NUMBERS [ FAX NUMBERS [ 2.0 2.1 Membership Requirements Membership of [ ] will require acceptance and signature of the Code of Practice and data disclosure agreements. All members who have access to personal data recorded on the [ Scheme require to be made aware of the requirements of the 1998 Data Protection Act. The data and/or information held within [ ] files or documentation is confidential and must only be used for the purpose for which it was generated. Any such data and/or information must not be disclosed to any third party who have not signed the necessary agreements. The responsibility and potential liability for inappropriate disclosure, rests with the individual, he/she has been made aware of these statutory requirements. Breaches of confidentiality by members and/or their representatives may also be subject to sanctions by the [ ] steering group. Members who have access to [ ] data and/or information must sign an undertaking that they have been made aware of their statutory obligations and responsibilities. A secure cabinet must be used for the storage of all [ ] information. ] ] will be based at the following postal address: ..] ..] ..] ..] ..] ..] ..] ..] ..]

1.2

4

2.2

2.3

2.4

2.5

2.6

2.7

2.8 2.9

Agreed procedures and methods of communication will be monitored periodically.

2.10 The steering group or other representatives authorised on their behalf will periodically audit individual members to ensure security and confidentiality. 2.11 Any changes to nominated contacts with individual members should be communicated to the [ ] Scheme manager.

25

3.0 3.1

Target Photo File Definition The definition of a target is agreed locally and must comply with the data protection principles for storing and processing personal sensitive data, (see section 5 – Data Integrity Agreement).

3.2

Incident Information Information will be submitted for collation for the following incidents: a) Shop Theft Persons involved in the theft, attempted theft or theft and dump of merchandise. b) Deception Persons who attempt to obtain a refund on goods that have been stolen. c) Cheque Card/Cheque Fraud Persons who attempt to, or pass fraudulent cheques or credit cards. d) Street Crime Persons involved in pick-pocketing, hand bag theft, street robbery, antisocial behaviour and disorder. e) Sighting Persons who are involved in retail crime.

3.3

Data Accuracy Incident details will be audited to ensure that all information remains current and accurate in order to satisfy the requirements of the Data Protection Act.

3.4

Creation of the Target Photo File Each member will survey their historical data to identify their most prolific and persistent thieves and other criminals. This information will be submitted to the [ ] Scheme manager who will prioritise and determine how many offenders will be included in the target file. This will enable the first target file to be produced for circulation to the members. Thereafter, as incidents occur and are submitted, the manager will prioritise and focus on the most prolific current retail thieves and other criminals. This file will be updated and circulated accordingly.

3.5

Delivery of Target Photo File The target photo file will be hand delivered to, or collected by each participating member. A receipt signed by the nominated liaison contact will be necessary when the file is handed over.

3.6

Updating of Target Photo File When existing targets are withdrawn for whatever reason the respective pages from the target file must be returned to the [ ] manager.

3.7

Use of Target Photo File: (i) The photo file must only be used for the purpose of preventing and detecting crime. (ii) The contents of the photo file must be treated as confidential by members and only to be viewed by management, CCTV operators, store detectives, guards and other authorised staff. (iii) The photographs are for reference only and not for public or private display.
26

3.8

File Security The target photo file is to be stored in a locked/secure office when not being viewed and at all times must remain away from the shop/sales floor. The names of all individuals viewing the files as well as the reason for viewing them should be recorded. (Recording sheets will be circulated with files). The reproduction of target photo files is prohibited unless authorised by the Scheme manager.

3.9

Destruction of Target Photo File All target photo files will be securely destroyed by the Scheme manager or by members on his instruction.

4.0 4.1

Incident Details Definition of an Incident This is any retail crime or attempted crime, against any member, which falls within the scope of the Scheme (see Section 3.2).

4.2

Recording of Incidents The [ ] Scheme will complement member’s current security practices. Therefore, all incidents involving targets or other incidents will be reported.

4.3

Incident Reporting Documentation Information will be collated on the following incidents: • Theft resulting in arrest • Theft where merchandise is dumped • Snatch where thief escapes with merchandise. These incidents should be reported as a ‘crime’ to the Police, particularly where video footage is available • Sightings where target is only seen • Theft and deception, e.g. where a theft takes place and merchandise is refunded. An example of incident reporting documentation is attached at Appendix A. Incidents will be reported using these documents and forwarded to the [ ] Scheme manager’s office.

4

4.4

Communication A regularly updated member contact list must be maintained by the [ ] Scheme manager. It is the responsibility of each member to provide this information.

4.5

Video Evidence Tapes should be retained in compliance with PACE codes of practice and the disclosure rules.

4.6

Clarification of Incidents to be Reported The following types of incident should be reported to the Scheme manager using the incident report form (see Appendix A) 1. Arrest If the target commits an offence and is arrested, he/she should be processed in accordance with the normal company procedures and the Police contacted. In the case

27

where the offender is a target this information should be indicated to the attending Police officer. A summary sheet outlining the incidents that the target has been involved in will be faxed to the member and passed to the arresting Police officer. An example of a summary sheet is contained in Appendix B of this document. 2. Theft & Dump Where a target steals items but subsequently dumps them in the store. 3. Snatch & Escape Where a target commits a theft and is not apprehended. 4. Sighting This is defined as where a target enters a member’s premises but does not commit a criminal offence. 5. Theft & Deception Where a target attempts to obtain a refund or exchange on goods which have been stolen. 6. Credit/Debit Card and Cheque Fraud Where a target is involved in a fraudulent transaction. 5.0 5.1 Data Input/Analysis Procedures Data Definitions Data means information in a form that can be processed. Data Equipment means equipment for processing. Data Material means any document or other material used in connection with, or produced by, data equipment. Disclosure, in relation to personal data, includes the disclosure of information extracted from such data and the transfer of such data (but does not include a disclosure made directly or indirectly by a data controller or a data processor to an employee or agent of his for the purpose of enabling the employee or agent to carry out his duties;) and, where the identification of a data subject depends partly on the data and partly on other information in the possession of the data controller, the data shall not be regarded as disclosed unless the other information is also disclosed. (Ref: 1998 Data Protection Act) 5.2 Storage of Data All data/information received by the [ ] Scheme will be stored on the [ ] database in a locked office. Access to said data/information will be logged in accordance with procedures. 5.3 Input of Data The Scheme manager and anyone authorised by the steering group will have sole responsibility for the input of all data onto the [ ] database. All data entries will be quality assured. 5.4 Confirmation of Receipt A register will be kept to record the receipt of data/information. In cases where data/information has been circulated to a point of contact and no confirmation has been notified within 72 hours, then confirmation will be sought by the Scheme manager. This time limit will also apply to recall requests for target photo files.
28

6.0

Rationalisation of Files If a target has not been active within the agreed period (see Section 5 – Data Integrity Agreement), data in respect of him/her will be removed to a dormant file for a further limited period before deletion/destruction. This will not apply where a person is known to have been in prison or abroad over the relevant period.

7.0

Target Tracking Whilst a major part of the Scheme is the use of intelligence-driven pro-activity against persons who engage in retail and associated crime on an organised basis. An additional component will be the tracking of persons as they move through the criminal justice system.

8.0

Management Information It will be necessary to establish key performance indicators (KPIs) to measure the operating success of the Scheme and provide management information members and statistics for the Scheme. Appendix C highlights: • System management information • Store management information • Other information which might be necessary to support the KPIs One of the important functions in the set up of the Scheme will be to clearly identify what management information is required, the frequency it will be produced, and in what format.

4

9.0 9.1

Additional Security Procedures will be in place to ensure full compliance with data protection and other legal obligations. These include: • Visitors Log. Access to the Scheme manager’s office will be controlled and all visitors will be logged in and out, (see control sheet Appendix D. All visitors must sign on entry to the office acknowledging their acceptance of confidentiality of data and the reason for their visit. • Data and Information Disclosure Declaration. This document is to be held by each member and be signed by each individual within that organisation who will receive information from and disclose information to the Scheme. See Appendix E. • File Movement Record. This document will control the movement of files between the Scheme office and each member. See Appendix F – control documents out file and in file.

29

Appendix A

Example of incident report form

30

4

31

Example of offender profile form

32

4

33

Appendix B

Example of summary activity sheet info.

34

Appendix C Examples of key performance indicators

SYSTEM MANAGEMENT INFORMATION
How Many: • Incidents • Offenders • Targets • Incidents by Type

– – – – –

Arrests Snatches Theft/Dump Sightings Theft/Deception

• By Type of Crime Average Values: • Per Incident • Per Arrest • Cost by Incident Value • Value of Recovered Merchandise • Charged • No further Action • Remand in Custody • Cautioned • Custodial Sentence • Length of Custodial Sentence • Displacement Information • Staff Initiating Incidents – Guards – Store Detective – CCTV Operator – Other • Frequency by Area – – – – Store Town/City Shopping Centre Police Area

Arrest Details:

4

Crime Management:

Information Breakdown:

Qualitative Information:

• Feedback from CJS • Feedback from Retailers and Other Agencies

35

STORE MANAGEMENT INFORMATION
Offender Profiles: • DOB • Age • Male • Female • Name Individual/Part of Team • Associates • Addresses etc • Type of Offence? MO • Day • Date • Time • Merchandise Name • Merchandise Type • Cost • Recovered • By floor • e.g. This year against last year: month on month

Incident Details:

Location within Premises: Trends: Drugs/Alcohol Violence

• Threat • Actual Physical

Weapons

OTHER INFORMATION
Risk Management: Theft and Loss details by store (expressed as a % above or below company average)

Cross Retailer Offenders Cross City Offenders Repeat Offending After Conviction Impact of Exclusion Notice Scheme Impact of Civil Recovery

36

Appendix D

Data disclosure – visitor’s log

[ ] DATA DISCLOSURE – VISITOR’S LOG
Name Company Position Reason Signature Date

4

37

Appendix E

Data & information disclosure declaration

[

] DATA & INFORMATION

DISCLOSURE DECLARATION
I have been made aware of the confidentiality of all data and/or information, which is stored on the [ ] system. I have read the Code of Practice and Operating Guidelines for the system and am aware of my personal responsibility and liability with regard to illegal disclosure.

Name

Signature

Date

38

Appendix F

File movement record out file

[ OUT FILE
Organisation Date
Eg. 01.01.99

]

FILE MOVEMENT RECORD
Page Number Movement
To specify transfer of file to or receipt from Scheme Office

File Ref.

Signature

4

Each page to be numbered consecutively

39

Appendix F

File movement record in file

[ IN FILE
Organisation Date
Eg. 01.01.99

]

FILE MOVEMENT RECORD
Page Number Movement
To specify transfer of file to or receipt from Scheme Office

File Ref.

Signature

Each page to be numbered consecutively

40

[ ] RETAIL CRIME OPERATION [ ]

DATA INTEGRITY AGREEMENT
5

41

DATA INTEGRITY AGREEMENT
SUBJECT PAGE

EXAMPLE OF DOCUMENTATION USED FOR DATA INTEGRITY, CONFIDENTIALITY AGREEMENTS INCORPORATING CODES OF PRACTICE.

43

HOW TO REGISTER YOUR SCHEME FOR DATA PROTECTION EXAMPLES OF DOCUMENTATION REQUIRED FOR REGISTERING YOUR SCHEME WITH DATA PROTECTION COMMISSIONER IS SHOWN IN SECTION F OF PART 2 OF THE GUIDE – “COMMUNITY CRIME REDUCTION PARTNERSHIPS – THE RETAIL CONTRIBUTION – ADDITIONAL REFERENCE MATERIAL”.

42

[ ] Crime Prevention Initiative Data Integrity
Confidentiality Agreement incorporating Code of Practice. [Amended 01 February 2000] The Data Protection Act – An overview
The above act is concerned with the proper use and handling of information (Personal Data) processed by computers and in certain cases other equipment, such as word processors. It aims to provide a framework of good practice by establishing Data Protection Principles. The Data Registrar who can impose sanctions if they are breached, enforces these ‘Principles’ Particular obligations are placed upon the [ ] Crime Prevention Initiative (which shall be referred to hereafter as [ ] and known as the Data User) and you as a ‘servant’ of the Data User. Registered Data users must comply with the Data Protection Principles. Definition of terms • [ ] An initiative operated by the Police, [ ] traders and Licencees through a partnership agreement with each of the signed up members who have agreed to the principles and procedures outlined in the framework document entitled “[ ] Working Together With The West Midlands Police” and the Code of Practice contained therein • Authorised Persons: The Data User, Data Controllers and the Police • Data Controller: A person who has read and signed the [ ] framework document and Code of Practice therein concerning the use of photographs and personal data and who holds and controls the contents and use of the same • Personal Data: Data consisting of information which relates to a living individual who can be identified from that information • Data: Information recorded in a form in which it can be processed by equipment operationally automatic in response to instructions given for that purpose • Data User: A person or organisation who holds and controls the contents and use of a collection of personal data. It also includes data which is likely to come into possession of the data user • Data Subject: An individual who is subject of personal data • Disclosure: Whenever the data or information extracted from the data are passed to somebody other than the data user, in writing, orally or by showing a printout or more technical means • In or near: Is the [define] post code, an area coterminous with the defined geographical boundary of the [ ] Crime Prevention Initiative • Tried and tested Source: A Police officer or a reliable source of information endorsed by a Police officer The Data User: For this agreement is the Committee of [ ] that comprises of the Police, elected [ ] traders and representatives from the licencing trade. Disclosure of information: The Data user will Disclose Personal Data and intelligence about Data subjects to Data controllers for the purposes of:
43

5

• The prevention and detection of crime or: • The apprehension or prosecution of offenders or suspected offenders The Data User will Disclose Personal Data to Data controllers in connection with: • Person(s) who are identified as legitimate “Targets” under this Code of Practice or: • Person(s) who are strongly believed to be in the High Street area of [ ] (hereafter referred to as the area of operation) and in respect of whom there is clear evidence of their propensity to commit criminal offences in the area or against particular premises in the area TARGETS: For the purpose of this agreement “Targets” means and includes: • A person who has been convicted within the previous twelve months of any crime, nuisance or disorder in or near your area of operation or: • A person who lives in or near your area of operation and who has been convicted within the previous twelve months of any crime, nuisance or disorder or: • A person identified through a tried and tested source as being in the area of operation for the purposes of committing any crime or disorder or: • A person who, following conviction for any offence arising in or directly relating to [ ] member premises, has been served with an exclusion notice preventing him/her from attending [ ] member premises THE COMMITMENT In consideration of the Personal Data being made available between the Data User and the Data Controller the Data User irrevocably undertakes to each member the following: • • • • • It will keep the Data it receives confidential at all times It will preserve confidence of Data at all times It will obtain and process Data and information fairly and lawfully Data shall be collated solely for the purposes of the prevention and detection of crime, or the apprehension or prosecution of offenders Data held will consist solely of descriptions, habits, movement details, and criminal intelligence relating to “Target” offenders and person(s) who are strongly suspected of committing crime, nuisance and/or disorder in or near the area of operation Data held will relate solely to “Target” offenders, current and past and person(s) who are strongly suspected of committing crime, nuisance and/or disorder in or near the area of operation Data shall be disclosed to data controllers solely for the information of their staff, to Police Forces, Prosecuting Authorities, Courts, Judges, and Magistrates Data shall be adequate, relevant, and not excessive for the purpose it is intended

• •

Personal Data shall be constantly reviewed and shall not be retained for any longer than necessary. In particular “Target” photographs and “Target” information shall be reviewed every three months to ensure that the Data reflects the Data Subject’s current circumstances. Personal data shall not normally be retained for any longer than 12 months. In consideration of the Personal Data being made available to the Data Controller and employee(s) thereof, the Data Controller irrevocably undertakes the following: • To keep confidential at all times Data received from the Data User, the Police, and employees of the Data Controller

44

• To preserve the confidence of Data at all times • Data held will consist solely of descriptions, habits, movement details, and criminal intelligence relating to “Target” offenders and person(s) who are strongly suspected of committing crime, nuisance and/or disorder in or near the area of operation. • Data held will relate solely to “Target” offenders, current and past and person(s) who are strongly suspected of committing crime, nuisance and/or disorder in or near the area of operation. • Data shall be collated solely for the purposes of the prevention and detection of crime, or the apprehension or prosecution of offenders • Data shall be collated on arrest/information forms provided by the Data User for such purposes • Data shall only be accessed or disclosed by or to Authorised Persons (Only give information if you are happy that the person is who they say they are and that they have proper authority for receiving it. Wrongful disclosure is illegal) • Save as otherwise permitted, Data shall not be disclosed to any third party, either directly or indirectly unless required to do so by law or by the order or ruling of a Court or Tribunal or regulatory body. If required to do so the member will, unless prohibited from doing so, notify [ ] promptly in writing of that fact and in any event, prior to making such a disclosure • Personal Data shall be transmitted to Authorised Persons via secure channels • Appropriate security measures shall be employed to prevent unauthorised access to, or alteration, disclosure or destruction of Personal Data and against accidental loss or destruction of Personal Data. (The absence of appropriate security measures may lead to a Data Subject being entitled to claim compensation from the Data User and/or Data Controller and should be guarded against at all times) • Personal Data relating to “Targets” or persons strongly believed to be in the High Street area of [ ] for the purposes of committing crime, nuisance and/or disorder shall immediately be returned to [ ] or destroyed upon request to do so by a written notice to that effect • Personal Data relating to “Targets” or persons strongly believed to be in the High Street area of [ ] for the purposes of committing crime, nuisance and/or disorder Will be retained in accordance with the procedures outlined in the Framework document • Any breach of this agreement will be dealt within accordance to the disciplinary procedures outlined in the Framework Document Code of Practice Signed Company Date / / (PRINT NAME) (POSITION)

5

(For and on behalf of the member) Signed Date / / ) (PRINT NAME)

(For and on behalf of

45

46

[ ] RETAIL CRIME OPERATION [ ]

POLICE AGREEMENTS – SHARING PHOTOGRAPHS

6

47

POLICE AGREEMENTS SHARING PHOTOGRAPHS
EXAMPLES OF THREE POLICE SERVICE POLICIES FOR SHARING PHOTOGRAPHS WITH PROPERLY CONSTITUTED AND STRUCTURED RETAIL CRIME OPERATIONS/BUSINESS WATCHES CAN BE FOUND IN SECTION A OF THE GUIDE – “COMMUNITY CRIME REDUCTION PARTNERSHIPS – THE RETAIL CONTRIBUTION – ADDITIONAL REFERENCE MATERIAL”

48

[ ] RETAIL CRIME OPERATION [ ]

EXCLUSION NOTICE SCHEMES

7

49

EXCLUSION NOTICE SCHEMES
EXCLUSION NOTICE SCHEMES 51

IN THE SECOND PUBLICATION OF THIS SERIES – “ADDITIONAL REFERENCE MATERIAL”, TWO EXISTING EXCLUSION NOTICE SCHEMES OPERATING IN RHYL AND STOCKPORT ARE DESCRIBED AS GOOD EXAMPLES. THIS SECTION HIGHLIGHTS A FURTHER FOUR EXAMPLES FROM BLACKPOOL, STEVENAGE, WORCESTER AND THE METROPOLITAN POLICE (OXFORD STREET SCHEME). THEY ARE INDIVIDUALLY STRUCTURED TO MEET LOCAL REQUIREMENTS BUT THESE EXAMPLES HAVE COMMON LINKS AND OBJECTIVES. ALL FORM PART OF THE LOCAL STRATEGY TO MANAGE THE REDUCTION OF RETAIL / TOWN CENTRE CRIME. IF YOU ARE INTRODUCING AN EXCLUSION NOTICE SCHEME IN YOUR AREA, THEN THESE FEW EXAMPLES WILL HELP TO STRUCTURE THE INITIATIVE.

50

Blackpool Town Centre Forum Ltd 8 Market Street, Blackpool tel. 01253 292486 fax. 01253 476248

Blackpool Retail Radio Link Exclusion Order Scheme 15th July 1999
7

51

Blackpool Town Centre Retail Radio Link Exclusion Order Scheme
What is the purpose of the Scheme? The ‘Exclusion Order’ is intended to deter persons involved in retail crime from Blackpool town centre. To-date, similar schemes are proving effective in other town centres. Benefits of the Scheme (In association with other measures currently in place) a) To exclude prolific offenders from Members’ stores. b) Protect staff from violence/abuse, (which can lead to stress related disorders). c) Reduce crime, and the fear of crime, for the benefit of both staff and customers. d) Encourage investment by creating and promoting a safer working environment. e) Improve the economic and general environment of the town, leading to increased employment and improved prosperity in the area. Description of terms Word Scheme Member Order Offender meaning – the Blackpool Town Centre Exclusion Order Scheme – A Blackpool town centre business participating in the Scheme – An Exclusion Order – A person caught carrying out an offence within Members’ premises, and subsequently arrested. – detention of an offender by a Member or by the Police.

Arrest

What is an Exclusion Order? There is a normal invitation by retailers, for members of the public to enter their premises, and either view or buy the merchandise on display. The issue of an Order withdraws that invitation to the person issued with the Order. This Scheme applies to those businesses, which are covered by the Blackpool Town Centre Retail Radio Link and have confirmed their involvement in the Scheme. Some retailers already operate similar notices, but only in relation to their own stores. The introduction of this Scheme allows members to issue an Order, not only excluding offenders from their store, but from other Members’ premises.

52

How will it work? In the case of an adult, where an offender is arrested in a store, or outside following an offence committed in the store and the decision is made to prosecute, an Order will be served by the store concerned. In the case of a juvenile, where it is intended to prosecute, the Order will be handed to the Police who will serve the same on the offender in the presence of an appropriate adult, at the time of processing the offender at the Police station. When an order has been issued to an offender and they appear in a Member’s store; you have the right to ask them to leave that store. When a person known to have previously been served an Order is recognised inside a store and not thought to have committed an offence at that stage, they should be immediately asked to leave the premises. The existence of an Order does not confer any additional powers of eviction, if difficulties arise the police should be contacted to assist. When an Order has been previously issued and that person is arrested, committing another offence, the fact that they have been previously issued with an Order will be included in the evidence. Circumstances for which an Order should be issued Subject to the gravity of the particular circumstances of the offence an Order should be made: a) For Adults – where an offender is arrested and subsequently prosecuted. b) For juveniles – where a decision is made to prosecute an offender, the Order to be served by the Police on behalf of the store, in the presence of an appropriate adult, at the time of processing the offender at the Police station. Possible exceptions to the issue of an Order a) When the decision is for a store caution. b) When the arrest involves elderly or confused persons. c) Where in the case of a juvenile, further Police investigations lead to a decision not to prosecute. In this case, the Police will make a recommendation to the store on withdrawal of the Order, which shall be an immediate decision to be made by the store. d) For first offences, depending upon the severity of the offence and at the discretion of the Store Manager and the Police, the store may decide not to issue an Order. Where a decision is made not to issue an Order, the store still maintains the right to issue a ban in respect of their premises, which shall not form part of this Scheme and shall be processed by the store.

7

53

Distribution of copies Orders require to be produced in quadruplet, signed by the recipient with copies as follows: (When it is not feasible for a copy to be handed to the offender for various reasons, one should be forwarded by recorded delivery to the offender and the slip retained with the indexed copy) Blue copy to be handed to the Police officer attending the scene, for inclusion in the arrest file. Details of the issue of the Order require being included in the statement of evidence provided for the offence. to be handed to the person arrested, by the store representative. to be retained by the issuing premises. to be provided to the Town Centre Management office, and be held in an index by the Radio Link Co-ordinator, in order that updated lists can be distributed to the membership on a regular basis. The police will maintain their own index.

White copy Yellow copy Green copy

Time Limits for Exclusion Exclusion Orders need to include a time constraint, which will normally be twelve months, but may be extended as set out below. Immediately prior to any Order becoming time-lapsed, The Management Committee will review each Order, and determine whether or not the Order should lapse or be extended. Circumstances for extension of an Order will be either re-offence within Blackpool, or a decision by the Management Committee, after consideration of any further information, which may be provided by a Scheme Member. Where an Order has been extended the offender will be duly notified together with the reasons, and the information circulated to all Members. The Management Committee may consider the early lifting of the Order where exceptional circumstances prevail and the offender requests the lifting of the Order in writing, giving reasons for the same. Authority to issue notices on behalf of other parties Members wishing to participate in the ‘Exclusion Order Scheme’, are required to sign a letter of agreement. The letter gives authority to the other Members, to withdraw the rights of entry to persons issued with the Order, to their premises and vice versa. The letter shall be in triplicate and filed as follows. a) One copy, to be held by the issuing store. b) Second copy to be held with the Radio Link Index, at the Town Centre Management office. c) Third copy, to be held with the Police index. If there is a subsequent challenge in court by a defence solicitor, regarding the rights of one store to ban on behalf of another, the letter can be produced. In order to prevent further possible complications in court cases, where ‘Exclusion Orders’ are produced Members are reminded that it is required that when a person known to have previously

54

been served an Order is recognised inside a store and not thought to have committed an offence at that stage; they should immediately be asked to leave the premises. If difficulties arise the Police should be contacted to assist. Whilst it is recognised that the initial issue of these Orders, is a civil matter, if they subsequently become part of criminal proceedings, the Members must be prepared to abide by the final decision of the Police. Issue Numbers Scheme Membership will be updated every three months and each Membership List will be allocated an issue number, which must be referred to when the Notice is issued to any person. i.e. If a person is excluded from stores on issue number 1, they will not be excluded from any new stores joining the Scheme from issue number 2, unless they subsequently get arrested committing an offence in a member store whilst issue number 2 is in force. It is therefore essential that: 1. Each Exclusion Order notice bears the issue number. 2. That the most current issue list is used.

7

55

BLACKPOOL TOWN CENTRE RETAIL RADIO LINK EXCLUSION ORDER Applying to: Name Address

issue no.

You are hereby notified that with effect from the service of this notice the conditional invitation to the general public to enter any of the premises or areas identified ON the schedule overleaf, is withdrawn from yourself, subject to any limitations set out on attached schedule. THIS MEANS YOU ARE NOT TO ENTER AT ANY TIME any of the premises identified on the schedule overleaf: SHOULD YOU DO SO, YOU WILL BE A TRESPASSER and liable not only to eviction but prosecution relating to your conduct. You must be escorted by a member of staff if you are wishing to redeem a prescription at a scheduled premises only if it is a Pharmacy and you have asked the manager’s permission to enter that premises. CERTIFIED COPIES of this notice ARE RETAINED FOR USE AT COURT in case any future prosecution against you relates to premises shown on this schedule. NEWS MEDIA EXPOSURE IDENTIFYING YOURSELF AND YOUR ACTIVITIES SHOULD ALSO BE EXPECTED if any criminal conviction against you relating to scheduled premises results from your future conduct.

56

THIS NOTICE WILL REMAIN IN FORCE UNTIL OF OR UNTIL WITHDRAWN OR EXTENDED IN WRITING BY THE MANAGEMENT COMMITTEE. IF THERE HAVE BEEN NO FURTHER INCIDENCES INVOLVING YOURSELF AND ANY OF THE PREMISES LISTED IN THIS SCHEDULE, CONSIDERATION WILL BE GIVEN TO WITHDRAWING THE EXCLUSION. PLEASE NOTE: ONLY WRITTEN APPLICATIONS FOR WITHDRAWAL WILL BE ACCEPTED Signature of receipt. Signed Offender (for juveniles) Signed Appropriate adult THIS NOTICE IS ISSUED WITH AUTHORITY ON BEHALF OF THE MANAGEMENT OR THE OWNERS OF EACH OF THE BUSINESSES OCCUPYING (AS OWNER OR TENANT) THE PREMISES OR THE AREA NAMED IN THE SCHEDULE OVERLEAF. IN ADDITION TO COPIES BEING CERTIFIED AND RETAINED FOR USE AS NECESSARY IN ANY SUBSEQUENT COURT PROCEEDINGS, A FORMAL NOTIFICATION OF THE EXISTENCE OF THIS NOTICE IS FORWARDED FOR THE INFORMATION OF THE CHIEF CONSTABLE, LANCASHIRE POLICE, AND THE CHIEF CROWN PROSECUTOR. THIS WILL BE THE ONLY NOTICE YOU WILL BE ISSUED WITH Signed Position Issuing business Date / /

7

57

The Management Committee The committee may consist of the following participants: a) The Co-ordinator b) Town Centre Management representative (permanent representative) c) Police force representative (permanent representative) d) Blackpool Council representative e) Elected members of the Exclusion Order Scheme (four) i.e. two from larger national stores two from local independent stores f) A quorum of no less than four shall be necessary to constitute a meeting of the management committee. The responsibilities of the committee can be seen as possibly three fold. a) To maintain liaison between Members. b) To make decisions concerning the withdrawal or extension of Exclusion Orders. c) To help promote both the Radio Link Scheme and the Exclusion Order Scheme. The committee will meet bi-monthly or otherwise as agreed. Elected Members will be invited to apply for a committee position and the permanent representatives already in place would make a decision. The committee will decide a Chairman and so as to keep all data and paperwork together it is envisioned that the Co-ordinator would act as Secretary.

58

BLACKPOOL EXCLUSION ORDER SCHEME LETTER OF AGREEMENT In accordance with the Blackpool Exclusion Order Scheme and its guidelines, I/We give authority on behalf of (insert name of business)

for the authorised representative of any premises named on the Blackpool Exclusion Order Scheme schedule to withdraw the conditional right of entry to Blackpool Town Centre premises of the above named business, from any persons they deem it necessary or fit to impose the Blackpool Exclusion Order on, provided the Exclusion Order has been issued in accordance with the Scheme guidelines Also, in accordance with the said guidelines, that when the correct conditions apply, I/We reserve and may exercise the right for an authorised representative of the Blackpool town centre premises of the above named business to withdraw the conditional right of entry to any person from all the premises named on the Blackpool Exclusion Order schedule, by the issue of to that person of a copy of the Blackpool Exclusion Order. I/We have read the Blackpool Exclusion Order and guidelines and agree to comply with the conditions laid down. I / We understand that failure to comply with the guidelines may result in my business being removed from the Scheme. Name (block capitals) Position held Business Address

Signed Name(s) and Signature(s) of representatives authorised to issue an Exclusion Order. Name (block capitals) Signed Name (block capitals) Signed In the case of premises marked with an asterisk, the exclusion order covers all areas of the premises other than the Pharmacy. You may gain entry to the Pharmacy upon the express condition that you make arrangements with the store prior to the visit and you are escorted by a member of staff from the entrance to the Pharmacy and back again upon completion of your business.

7

59

STEVENAGE EXCLUSION ORDER SCHEME
Guidelines 1. Following consultation with retailers, Hertfordshire Constabulary will consider those persons who are persistent and prolific thieves in Stevenage. A list will be created and will be regularly revised and updated as necessary. 2. If one of the listed persons is arrested and charged with an offence in a Member’s premises, they will be personally served with an Exclusion Order, which will be endorsed to that effect. 3. A certified copy of the Exclusion Order issued will be kept with the crime prevention officer and a further copy sent to the collator of the Retail Crime Operation. 4. Once an Exclusion Order has been issued, all the Members of the Scheme will be immediately notified allowing for the person concerned to be identified to all relevant staff. 5. If an ‘excluded person’ enters any Member’s premises, they are to be regarded as trespassers and should be immediately requested to leave. The existence of the Exclusion Order does not confer any additional powers for eviction and current procedures for removing unwanted persons should continue to be exercised. 6. If any ‘excluded person’ is suspected of committing an offence within a Member’s premises, the Police are to be called. 7. Once an excluded person has been arrested for any offence of Theft, if they are formally charged an offence of burglary will always be considered. In addition, a certified copy of the Exclusion Order will be included into the prosecution file for the information of the Crown Prosecution Service. STEVENAGE EXCLUSION ORDER SCHEME Objectives of the Scheme 1. To exclude the persistent and prolific thieves and troublemakers from members’ premises. 2. To target known and persistent ‘lifetime criminals’. 3. To protect staff from the acts of physical violence and verbal abuse, which often leads to stress and related disorders. 4. To reduce the incidence of crime and fear of crime for the benefit of staff and customers. 5. To improve the economic and general environment of the Town, subsequently improving prosperity within the area and helping to protect and create employment. 6. To encourage greater economic investment by creating and promoting a safer place to invest and work.

60

STEVENAGE EXCLUSION ORDER SCHEME NOTICE I [name] of [premises] consent to being a member of the Scheme and be included in the list of participating premises for the Stevenage Exclusion Order Scheme. I confirm that I have received a copy of the guidelines. Signed Name (please print) Address Telephone No. Initials Date / / Stevenage,

7

61

R.A.C.S. EXCLUSION ORDER SCHEME

STEVENAGE EXCLUSION NOTICES
APPLYING TO You are hereby notified that with effect from the service of this notice, the conditional invitation to the general public to enter any of the premises or areas identified by the schedule herewith is withdrawn as far as you are concerned. The subsequent addition or deletion of premises may amend the schedule and you will be served any such amended schedule, which shall have effect from the date of service upon you, as though it has formed part of this Order. EFFECT OF THIS NOTICE This means you are not to enter, at any time, each premises of area indicated. Should you do so you will be a trespasser and liable not only to eviction, but prosecution related to your conduct. PERIOD OF EXCLUSION This notice will remain in force to the named premises or areas for as long as any business in occupancy continues to operate under current ownership or until withdrawn in writing by the manager or owner of the business or premises concerned. COURT PROCEEDINGS AND NEWS MEDIA Certified copies of this notice are retained for use at court in case any future prosecution against you related to premises shown on the schedule of this notice or any amended schedule. NEWS MEDIA EXPOSURE identifying yourself and your activities should also be expected if any criminal proceedings against you relating to schedule premises results from your future conduct. THIS NOTICE IS ISSUED WITH AUTHORITY ON BEHALF OF THE MANAGEMENT OR OWNERS OF EACH BUSINESS OCCUPYING (AS OWNER OR TENANT) THE PREMISES OR AREAS NAMED IN THE ATTACHED SCHEDULE. IN ADDITION TO COPIES BEING CERTIFIED AND RETAINED FOR USE AS NECESSARY IN ANY SUBSEQUENT COURT PROCEEDINGS, A FORMAL NOTIFICATION IS FORWARDED FOR THE INFORMATION OF THE CHIEF CONSTABLE, HERTFORDSHIRE CONSTABULARY AND THE CHIEF PROSECUTOR, HERTFORDSHIRE. Signed

62

STEVENAGE EXCLUSION ORDER SERVING NOTICE ON BEHALF OF ALL THE RETAILERS WITHIN THE MEMBERSHIP OF R.A.C.S. THIS EXCLUSION ORDER NOTICE HAS BEEN SERVED BY MEANS OF: 1. SERVING IT PERSONALLY ON THE WITHIN NAMED PERSON. 2. LEAVING IT AT THE LAST KNOWN PLACE OF ABODE. 3. BY RECORDED DELIVERY NO. SIGNED DATE / /

REFERENCE NUMBER

RETAILERS AGAINST CRIME STEVENAGE EXCLUSION ORDER SCHEME SCHEDULE Reference no Premises to which Exclusion Notice apply as at All premises involved are under first letter of trading title and Exclusion Notices relate to entire premises unless otherwise stated. Those persons served with notices after the schedule entry date indicated above are excluded from the premises shown below. [LIST PARTICIPATING RETAILERS]

7

63

EXCLUSION NOTICE SCHEME

Printing Sponsored by Crowngate and Lychgate Shopping Centres In partnership against crime with

64

Dear Member, Please find attached the Exclusion Notice Package, for your immediate attention. There is a need for a united approach in tackling retail crime within Worcester and this initiative has been written as a direct result of requests from you and your employees. The Scheme provides assistance to your company in the following areas: • A collective approach in dealing with persistent and prolific troublemakers by excluding them from the Member stores. • Protects staff from acts or the threat of physical violence and verbal abuse, which often leads to stress related disorders. • Reduces the fear of crime in Members’ premises, for the benefit of staff and customers. • Frees up retail resources otherwise spent observing and apprehending repeat offenders. • Encourages greater economic investment by creating and promoting a safer place to invest and work. The Scheme, which is fully supported by West Mercia Police, is a civil agreement between you and other retailers, where you will collectively ban habitual offenders who may never have committed an offence in your premises. In joining, it must be stressed that for the Scheme to be successful you must be prepared to eject an ‘Excluded Person’ from your premises immediately and on every occasion they enter, despite the fact that the individual may not have committed an offence against your company. However, it is envisaged there will only be a handful of excluded persons enabling the Scheme to be manageable. If you support the Scheme and wish to participate: • Sign the Agreement form as appropriate, indicating your support. • Return the form by to [ ], City Centre Beat Manager, Worcester Police Station, Deansway, Worcester, WR1 2JQ. • Be prepared to enforce the Scheme, on the understanding that you will be challenged if you fail to do so. Should you have any queries or need clarification on any aspect of the Exclusion Notice Scheme, please contact the Co-ordinator, [ ] at Worcester Police Station.

7

65

INTRODUCTION On behalf of the Management Committee, welcome to the Worcester Retail Security Group Exclusion Notice Scheme. The Scheme operates by utilising the retail environment as one voice thereby sending a strong message to those persistent thieves and troublemakers who regularly intimidate and harass retail staff by telling them that they are not welcome in the City. Many of the offenders are well-known to both retailers and Police and cause a considerable drain on resources with the arrests sometimes leading to violent situations where there is a ‘potential’ for injury being caused to the retail staff. The Scheme is overseen by a Management Committee, made up of elected Members from retailers together with representatives of West Mercia Police. [ ], Worcester City Beat Manager, is acting as Temporary Co-ordinator and is initially responsible for administering the Scheme, liaising with Members and the outside agencies. In advance of the public launch of the Scheme, this package contains window stickers, cash-point stickers and notes for your information and guidance. If clarification is required on any point, please contact WPC Wendy BARR. N.B. Please note stickers to follow. OBJECTIVES • To exclude the persistent and prolific thieves and troublemakers from members’ stores. • To protect staff from acts of physical violence and verbal abuse, which often leads to stress related disorders. • To reduce the incidents of crime and the fear of crime for the benefit of staff and customers. • To improve the economic and general environment of the City, subsequently improving prosperity within the area and helping to protect and create employment. • To encourage greater economic investment by creating and promoting a safer place to invest and work.

66

EXCLUSION PROCEDURES 1. A persistent and prolific offender is arrested in a Member’s premises and is subsequently charged with the offence. 2. The offender’s name is supplied by the Co-ordinator to at least four Members of the Management Committee to consider issue of an Exclusion Notice should the defendant be convicted of the offence at Court. 3. A decision to exclude will be made by the consulted Members of the Management Committee and supported by Worcester Police. 4. The Co-ordinator will liaise with the Magistrates Court Office in Worcester to monitor the progress of the prosecution, and will be informed as to the result of the Court proceedings. 5. If the person is convicted, the Management Committee will be informed by the Co-ordinator and will arrange for an Exclusion Notice to be issued by recorded delivery by on behalf of the Members. 6. A certified copy of the Exclusion Notice will be retained by the Co-ordinator. 7. The Management Committee will immediately notify all members of the Scheme that an Exclusion Order Notice has been served and will identify the individual to retail staff. The Coordinator will notify and identify the individual to Police. 8. Worcester Evening News will be informed by the Management Committee of the existence of the Exclusion Order Notice and the identity of the ‘Excluded Person’ for publication. 8. If an ‘Excluded Person’ enters any Member’s premises, they are regarded as a trespasser and should immediately be asked to leave. The existence of an Exclusion Notice does not confer any additional powers for eviction and current procedures for removing unwanted persons should continue to be exercised. (The offence is Civil Trespass and should the Member wish to pursue a complaint, they should do this through the Civil NOT Criminal Courts). 10.If an ‘Excluded Person’ is suspected of committing any offence within a Member’s premises, the Police should be called. 11.If an ‘Excluded Person’ is subsequently charged with the offence, the Co-ordinator will arrange for a certified copy of the Exclusion Notice to be included on the prosecution file for the information of the Crown Prosecution Service. 12.The Crown Prosecution Service have agreed that provided the required evidential procedures have been followed, they will inform the Court of the existence of the Exclusion Notice, when the defendant is convicted. 13.The Chairman of the Justices and the Clerk to the Magistrates Court have been acquainted with the objectives of the Scheme. They have indicated that if an ‘Excluded Person’ is convicted of another offence against any Scheme Member, the existence of an Exclusion Notice will be considered as an aggravating fact and would be reflected in the sentence imposed by the Court.

7

67

EXCLUSION NOTICE Excluded Person Date of Birth Date of Issue You are hereby notified that with effect from the service of this Notice, the conditional invitation to the general public to enter any of the premises identified on the attached Schedule is withdrawn from you. The Schedule may be amended by the subsequent addition or deletion of premises and you will be served any such amended Schedule which shall have effect from the date of service on you, as though it had formed part of the original notice. EFFECTS OF THIS NOTICE This means you are not to enter, at any time, any part of the premises on the Schedule attached. Should you do so you will be a trespasser and liable to eviction and prosecution in relation to your conduct. COURT PROCEEDINGS AND NEWS MEDIA Certified copies of this Notice are retained for use at court for any future prosecutions against you in relation to the premises shown on the Schedule or amended Schedule. News Media exposure identifying you and your activities should now be expected as a result of the issue of this Notice to you. PERIOD OF EXCLUSION This Notice will remain in force in relation to the premises on the attached Schedule or amended Schedule for a period of 12 calendar months from the date of issue, or until withdrawn prior to that date in writing by the Management Committee of the premises concerned. Signed City Centre Manager Farrier House Farrier Street Worcester On behalf of Worcester Retail Security Group

68

THIS NOTICE IS ISSUED WITH AUTHORITY ON BEHALF OF THE MANAGEMENT OR OWNERS OF EACH BUSINESS OCCUPYING (AS OWNER OR TENANT) THE PREMISES IN THE ATTACHED SCHEDULE(S). CERTIFIED COPIES ARE RETAINED FOR USE IN ANY SUBSEQUENT COURT PROCEEDINGS AGAINST THE EXCLUDED PERSON. PREMISES TO WHICH EXCLUSION NOTICES APPLY AS AT (Schedule Entry Date – S.E.D.) INDEXED UNER FIRST LETTER OF TRADING TITLE EXCLUSION NOTICES RELATE TO ENTIRE PREMISES THOSE PERSONS SERVED WITH NOTICES AFTER THE S.E.D. INDICATED ARE EXCLUDED FROM THE FOLLOWING PREMISES: NAME OF STORE ADDRESS

7

69

SCHEDULE OF EXCLUDED PERSONS Participant Member

Excluded Person

DOB

Date Exclusion Notice Issued

Expiry Date

70

Date:

/

/

Reference no.

METROPOLITIAN POLICE/ OXFORD STREET EXCLUSION NOTICES
PROCEDURE • An offender is detained at a participating Member’s premises. In all cases details of the offender are to be forwarded to the retail crime database at Marylebone Police station using an offender profile form. This is whether the person is charged, cautioned, formally warned by Police or warned in store. • At the time of apprehension the participating Member’s security staff will check with the database to see if this person has previously come to notice. • If the person has a previous offending history with a previous charge or caution within the last 12 months, then the participating Member’s security staff will inform the arresting officer when he/she attends the store. • If the person is charged or cautioned with an offence of theft or deception they will be served with an exclusion notice by the processing Police officer. An original copy will remain with the case papers. A second copy will be forwarded to the Retail Crime Co-ordinator. • If the subject is detained for a further offence whilst the Notice is current, then, if charged, the Retail Crime Co-ordinator will supply the Police with a signed copy of the Exclusion Notice. This will be attached to the case papers. The fact that an Exclusion Notice has been issued will be included on the form MG5 – brief facts, in the case paper file. • Persons will be excluded for specified periods. • Juveniles and Young Persons will be excluded for: • 3 months upon receipt of a second warning within 12 months. • 12 months for a subsequent offence. • 36 months for a further offence. • Adults: • 12 months for a second offence within 12 months. • 36 months for a subsequent offence Store Banning Notices Exclusion Notice Schemes in no way prevent individual Members from issuing their own banning notices.

7

71

EXCLUSION NOTICE Name D.O.B. Address Custody No:

HAVING BEEN CHARGED OR CAUTIONED WITH A THEFT /DECEPTION OFFENCE, YOU ARE HEREBY NOTIFIED THAT: With effect from the service of this Notice, the conditional invitation to the general public to enter any of the premises or areas, listed on the rear of this page, is withdrawn in so far as you are concerned. For: 3 Months 12 Months 36 Months This means you are not to enter, at any time, that part of each of the premises or area indicated. Should you do so, you will be a trespasser. COURT PROCEEDINGS Certified copies of this Notice are retained for use at court in any future prosecution against you relating to premises shown on the schedule. If your case is “not proceeded” with, or you are found ‘not guilty’ at court, this Exclusion Notice will be destroyed and will not be effective. You may witness the destruction of this Notice if you apply within five days of such notification to: The Oxford Street Retail Crime Operation c/o Metropolitan Police Marylebone 1-7 Seymour Street London W1H 5AA

72

I, (time) (location)

hereby certify that on (date)

I Served a copy of this Exclusion Notice on behalf of the Oxford Street Retail Crime Operation on: Name: Address: on the authority of (name of store, a member of OSRCO) Signed: Date: / /

I, hereby acknowledge receipt of a copy of this Exclusion Notice made by the Oxford Street Retail Crime Operation Signed: Date: / /

7

73

EXCLUSION NOTICE Name D.O.B. Address Custody No:

HAVING BEEN CHARGED OR CAUTIONED WITH A THEFT /DECEPTION OFFENCE, YOU ARE HEREBY NOTIFIED THAT: With effect from the service of this Notice, the conditional invitation to the general public to enter any of the premises or areas, listed on the rear of this page, is withdrawn in so far as you are concerned. For: 3 Months 12 Months 36 Months This means you are not to enter, at any time, that part of each of the premises or area indicated. Should you do so, you will be a trespasser. COURT PROCEEDINGS Certified copies of this Notice are retained for use at court in any future prosecution against you relating to premises shown on the schedule. If your case is “not proceeded” with, or you are found ‘not guilty’ at court, this Exclusion Notice will be destroyed and will not be effective. You may witness the destruction of this Notice if you apply within five days of such notification to: The Oxford Street Retail Crime Operation c/o Metropolitan Police Marylebone 1-7 Seymour Street London W1H 5AA IF YOU ARE LATER CHARGED AND CONVICTED FOR A THEFT OFFENCE, YOUR PHOTOGRAPH AND DETAILS MAY BE CIRCULATED TO ALL THE STORES IN THE OXFORD STREET AREA WHICH OPERATE UNDER THE RETAIL CRIME OPERATION THIS MEANS THAT EVERYTIME YOU COME INTO OXFORD STREET, CCTV OPERATORS, SECURITY OFFICERS & POLICE WILL BE IN CONTACT WITH EACH OTHER TO MONITOR YOUR MOVEMENTS.

74

Premises in Oxford Street to which the exclusion notices apply as at (date) The Exclusion Notices relate to the entire premises unless otherwise stated. Note: Those persons served with Notices after the schedule entry date indicated above are excluded from the premises shown below: [LIST PARTICIPATING RETAILERS]

7

75

76

[ ] RETAIL CRIME OPERATION [ ]

INVITATION TO JOIN

8

77

INVITATION TO JOIN
SUBJECT REFERENCE PAGE

• • • • •

FOREWORD OBJECTIVE RETAIL CRIME COMMUNICATION MEMBERSHIP

1.0 2.0 3.0 4.0 5.0

79 79 80 80 81

APPENDICES • RADIO LINK (STREET NET) AGREEMENT APPENDIX A • APPLICATION FOR MEMBERSHIP APPENDIX B

83 84

78

INVITATION TO JOIN PARTNERSHIPS
This section gives the Oxford Street example of an invitation to join a Local Partnership Scheme. This type of document can be used: • To invite new members to an existing Scheme • As an introduction to a new Scheme which may be being developed. It gives an overview of the Scheme objectives, why it is important to work in partnership to tackle the problems and an example of different levels of membership, depending on agreed criteria. This is important because local Schemes should be flexible in their approach to membership to attract larger retailers as well as the smaller businesses to the partnership. All have an important part to play. 1.0 Foreword

This guide has been developed as the result of a partnership between the Metropolitan Police, The Oxford Street Association, Westminster City Council and businesses operating in and around Oxford Street. The partnership is known as the Oxford Street Retail Crime Operation (OSRCO) and is run by a steering group made up from the Members. OSRCO is deeply committed to the success of the Scheme and believe that positive partnership arrangements can provide effective controls and conditions to maximise public safety and minimise crime and disorder so that there is a safe and non-threatening environment. This guide has been written to help you to understand how OSRCO intend to fulfil their commitments and what you can do to help, and for you to see and understand the importance of joining the partnership. 2.0 Objectives

OSRCO aims to provide a safe and non-threatening environment by reducing crime and disorder, the opportunity for crime and the fear of crime. It is non-political and non-profit making. Delivery of the partnership objective will be achieved by working together. The steering group terms of reference will be to ensure: • The partnership is sustained and supported to deliver the objectives defined in the Codes of Practice. • There is focused activity by each of the partners with particular reference to: CCTV Radio Links Exclusion Notices Information sharing and use of photographs using computer technology Crime Reduction Initiatives Common Policies • Duplication of effort is eliminated enabling resources to be used more effectively.

8

79

3.0

Retail Crime

During 1999 crime in the UK cost the retail sector £1.61 billion. Retailers spent £612 million on crime prevention and security measures making the total cost of crime for the period £2.22 billion. The main areas of loss are: • • • • • • Customer Theft £740 million (46%) Employee Dishonesty £520 million (32%) Burglary £81 million (5%) Criminal Damage £38 million (2%) Robbery/Till Snatches £15 million (1%) Fraud £34 million (2%)

(Source: British Retail Consortium Crime Survey 1999). It is therefore very important that there are systems in place to address these problems and to increase public confidence and to make full use of the available resources. The intention of OSRCO is to deliver a safe and non threatening environment through the intelligent and coordinated use of CCTV, Radio Links, Information Sharing, Exclusion Notices and other initiatives which will enhance the “Safe and Secure” environment. The most effective way for the partnership to work is to: i. ii. iii. iv. v. vi. Identify the issues that need to be addressed Decide on the best method(s) to deal with the issues Set targets Agree a plan of action Implement the plan Monitor the situation Communication

4.0

Communication is one of the important elements in a crime prevention policy. There are many ways that this communication process can be carried out, from the very simple task of talking to your staff or neighbour to the more technical methods i.e. radios, computer links etc. a) Radio Link (Street Net) – Refer to Appendix A – Agreement to Join OSRCO has a radio system that will link you to other businesses in Oxford Street and to the Police in emergency situations. With a radio link it will give many benefits to you and your business, some of these are for example: • • • • • • Increasing staff confidence, ending business isolation Reducing the fear of crime Giving up to data information Assisting with lost people, fire or bomb calls Incident management Managing ‘real time’ crime

b) CCTV CCTV plays a major part in crime prevention and detection. It enables appropriate assessment and response to incidents.

80

c) Data Collection/Photograph Sharing Crime reduction begins with the collection of information. Once collected information is assessed and distributed to Members of the partnership as appropriate. This may mean that Members could be looking for known shop thieves and other individuals carrying out criminal activity in Oxford Street. This will include photograph sharing. Further details of how information will be collected etc. will be given on successful application to the partnership. d) Exclusion Notices This is an Order that can be issued against a person who has stolen from a business whose behaviour within Oxford Street is unacceptable. The Notice will ban the person concerned from a clearly defined area of London W1 for a specific period. The Notice will be issued by the Police and separate detailed guidelines will be issued for this. 5.0 Membership

Membership of the partnership will be open to the following – Oxford Street and surrounding businesses, the Metropolitan Police and the Westminster City Council, the Oxford Street Association and other interested parties as appropriate. Application must be made using the OSRCO partnership form (Appendix B). Levels of Membership To join the partnership please complete and sign the application, indicating the level you wish to apply for. Should you require further information on joining this Partnership it can be obtained from contacting:

8

81

LEVELS OF MEMBERSHIP FULL MEMBERSHIP LEVEL 1 LEVEL 2 CRITERIA All retailers/businesses wishing to participate must have: • Security guards and/or • Store detectives • Monitored CCTV (when premises is open) • Subscribe to Radio Link • Dedicated secure room for confidential information or a room occupied by senior member of staff only with a safe/secure cabinet in which confidential information can be stored • Be prepared to comply in full with and sign a ‘Participation Agreement’ • Agree to participate in an ‘Exclusion Notice Scheme’ and have the means to do so • Exclusion Notices will apply to all full members • Pay an annual fee to cover Scheme costs

Definition LEVEL 1 LEVEL 2

}

Subscription will depend on size/turnover/sq ft of unit

ASSOCIATE MEMBER LEVEL 3 CRITERIA • • An Associate Member level will operate for those who do not fulfil the criteria for full membership. Associate Members will be able to contact the OSRCO manager in order to arrange to view the files on active criminals. Such viewings will be noted on the visitor’s log NO COPYING OF INFORMATION WILL BE PERMITTED An annual fee will be charged for associate membership Information can be forwarded to the Scheme office provided compliance with the operating guidelines and Codes of Practice is met

• • •

82

Appendix A

OXFORD STREET RADIO LINK AGREEMENT (STREET NET)
Agreement made between OSRCO, and:

1. “Streetnet” is established for the purpose of improving the quality of communications and cooperation between participants, to assist in the safety of persons, the security of property, and to focus on the prevention, intervention and detection of crime and disorder. 2. The Radio Link System is a partnership made up from retailers, Metropolitan Police, Westminster City Council and OSA 3. All Members must be approved by the steering group or Board of Management. 4. All Members must comply with the rules approved by OSRCO. Failure to comply may result in a Member being removed from the Scheme. 5. All Members will agree to undertake training in the proper operation of the system. 6. All Members will sign for and receive a copy of the membership Radio Link agreement. 7. The committee reserves the right to amend this agreement. Members will be notified of any change and will be requested to sign a new or amended agreement. 8. All Members are to ensure that their staff are made aware of the Radio Link operating procedures. Signed Position Address Print Name

8

83

Appendix B

OXFORD STREET RETAIL CRIME OPERATION APPLICATION FOR MEMBERSHIP
Organisation Representative Position As the representative for the above organisation, I wish to become a member of OSRCO. The function and working practice of OSRCO has been explained to me and I understand that by signing this application, I undertake that my organisation will abide by the conditions set out in the Code of Practice, operating guidelines and other Scheme documentation. Please indicate which level of membership you are applying for: FULL MEMBERSHIP LEVEL 1 LEVEL 2 ASSOCIATE MEMBERSHIP LEVEL 3 Signed: Name: Organisation: Address: Witness Signature: Witness Name: Date: / / Please 

84

[ ] RETAIL CRIME OPERATION [ ]

APPOINTMENT OF SCHEME MANAGER

9

85

APPOINTMENT OF SCHEME MANAGER
SUBJECT PAGE

THIS SECTION GIVES AN EXAMPLE 87 OF A JOB SPECIFICATION WHICH WILL HELP IN THE RECRUITMENT OF A PARTNERSHIP CRIME REDUCTION SCHEME MANAGER/CO-ORDINATOR.

86

APPOINTMENT OF RCO SCHEME MANAGER
The requirements of the Data Protection Act to manage data professionally will require Schemes to consider the appointment of a paid manager. Should this be the case, you will want to seek assistance in preparing a contractual agreement between the Scheme and the individual. To further assist this process a specimen job specification is set out below. JOB SPECIFICATION Job Title: RETAIL CRIME OPERATION MANAGER Reports To: [ Job Purpose: • To communicate with the participating businesses and Police to ensure fast and effective flow of information. • To ensure the standard of information is comprehensive and accurate. • To maintain, operate and update the information database in accordance with data protection. • To develop an understanding and awareness of issues arising from the information received and be able to direct appropriate action to be taken. Key Tasks: • To receive information from businesses, Police and other agencies, and input data onto the system and to produce appropriate management information. • Analyse and circulate intelligence for Members. • Develop relationships with Members and maximise the sharing of information. • To work in partnership with the Police and other agencies and to act as an information focus. • To manage the operational requirements of the RCO Scheme. • Produce accurate statistical information. • Manage the Exclusion Notice Scheme. • Ensure proactive interaction with other crime reduction partners and initiatives. Knowledge & Skills • • • • • • • • • Appropriate computer proficiency Ability to communicate effectively Self motivated and able to use initiative Able to work on your own or within a team Analytical and problem-solving Adaptable and flexible to changing priorities Able to represent the Scheme externally Work within a disciplined environment Be able to present information effectively ] RETAIL CRIME OPERATION BOARD OF MANAGEMENT

9

87

88

[ ] RETAIL CRIME OPERATION [ ]

INDEMNITY INSURANCE

10

89

[ ] RETAIL CRIME OPERATION INDEMNITY INSURANCE

90

INDEMNITY INSURANCE
Crime Reduction Partnerships should be properly constituted organisations. This enables them to obtain registration and operate under the Data Protection Act. This imposes duties upon officers and members of the Scheme. The constitution, Codes of Practice, operation guidelines and other documentation in this guide are designed to prevent breaches of the Data Protection Act. It is in the interests of all persons involved in the Scheme to consider their position in relation to any actions that may be brought following breaches of the Data Protection Act. Whilst an individual or organisation may be held responsible, if, through negligence or deliberate action they are found to have breached the Data Protection Act, it is appropriate for all management committees to consider how best to ensure their liability is protected through taking out a suitable indemnity insurance. In addition, where a Scheme employs a co-ordinator and staff, appropriate indemnity insurance should be provided. The type of indemnity insurance required will vary. Crime Reduction Partnership: Will be defined as a separate entity and will be liable in its own right for any act of negligence or breaches of the Data Protection Act. Some of the potential risks from the action of the management committee are: incorrect interpretation of information; nonsupply of information; incorrect/inaccurate advice; negligent handling or information; breach of copyright; confidentiality or Data Protection. The most appropriate insurance cover for these risks is Professional Indemnity. In addition, general Public Liability insurance would be required to protect the committee from any injury or damage caused to a third party by use of their premises for meetings or general operation of the Scheme. A specific wording to provide cover for Professional and Public Liability has been written and a summary of the cover follows, as an example. Retailers/Members of the Scheme: If an action is brought against an individual member, cover may be provided within the Data Protection Act or Financial Loss extensions available under the Public Liability policy for that member. This would only be where the retailer/member or direct employee acting on behalf of the retailer/member is directly responsible. SUMMARY OF COVER The Fundamentals of Professional Indemnity Duty of Care Any organisation has a general duty of care to exercise reasonable skill and care in the conduct of their activities. A Duty of Care is owed to anyone who may rely upon any advice or services provided by that organisation and it is in this area that Professional Indemnity insurance provides cover. It is important to note that this duty extends to others who may suffer as a result of negligent advice and is not restricted to contracting parties. Claims Made Professional Indemnity policies are normally written on a ‘claims made’ basis. This means that it is the policy in force at the time the claim is first made against the Insured which responds to the claim, regardless of when the alleged negligence took place.
91

10

In so far as your own organisations are concerned, the prime risk for Professional Indemnity is in respect of information supplied to member retailers. The organisation may incur a liability for information that is given should this information prove to be inaccurate. A Professional Indemnity policy provides indemnity to the organisation against such liabilities. Main Features of this Professional Indemnity Policy Liability A Professional Indemnity policy will cover three key areas: 1. it will pay for damages should the Insured be found by a Court to have been in breach of their professional duty. In practice most claims are settled by negotiations out of Court. 2. it will pay the plaintiffs costs and expenses where these are awarded against the Insured by any Court. Again, these costs may be agreed by negotiations out of Court. 3. it will pay for the defence of allegations of negligence against the Insured. It is worth noting that a very high percentage of Professional Indemnity claims costs are paid as defence costs – this would include the cost of engaging solicitors, barristers and possible expert witnesses. Libel and Slander This refers to written or spoken statements of a defamatory nature which misrepresent or harm the reputation of another. Negligence does not have to be proven in an allegation of libel and slander and can represent a real exposure. This policy provides cover as standard. Dishonesty Organisations act in the position of trust in relation to their clients. There is, therefore, the risk that a client may suffer as a result of an insured’s dishonesty. This policy provides automatic cover to the insured’s liability arising out of the dishonest acts of officers or employees. Loss or Damage to Documents This policy automatically covers the cost of replacing documents belonging to clients which the Insured may hold or which have been entrusted to the Insured. Compensation for Court Attendance Professional Indemnity claims are notoriously complex and if they proceed to Court a trial can last many weeks. If a director or officer of the Insured is required to attend Court to give evidence on their behalf there may be a long period when he or she is unable to operate within the organisation. This lost time can be costly. This policy provides compensation for each day the individual spends in Court. Costs In Addition The cost of damage awards and defence costs often exceed the limit of indemnity stated in the policy. This policy covers these costs in addition to the indemnity limit. Excess The excess which is carried by the Insured does not apply to legal costs. This is of benefit to the Insured where a case goes to Court and is defended in favour of the insured. Although costs have been incurred the Insured does not have to pay the amount of the excess.

92

Limit of Indemnity The limit provided under this policy will be £250,000 for each and every claim intimated with no limit applicable during the course of any one year of insurance. Features of this Public Liability Policy This section provides an indemnity for your legal liability for injury to the public or loss of or damage to property not owned by you or in your custody or control in the course of your business as a crime reduction partnership. 1. Defective Premises Act cover is automatically included. 2. Cover is included for contingent motor third party liability arising out of the use of vehicles not owned by you within the UK. 3. The personal liability of employees and directors is insured while they are overseas on your business. 4. Your liability for loss or damage to premises, hired or rented to you for the purposes of your business is also insured. 5. Legal costs and expenses in defending prosecutions under the Health and Safety at Work etc. Act 1974 are covered, as are legal costs and expenses in defending prosecution under Part II of the Consumer Protection Act 1987 or Part II of the Food Safety Act 1990. Limit of Indemnity The limit of indemnity provided under this policy will be £5,000,000 for each and every claim intimated with no limit applicable during the course of any one year of insurance. This example of Summary of Cover has been developed specifically for inclusion in this section by CGU Insurance and Bland Bankart. If you require further assistance in this area, you should contact your local insurance adviser. Alternatively, Bland Bankart are happy to discuss the Summary of Cover and may be contacted at the following: FAO: Michele Harriman (telephone 0115 937 6100) Bland Bankart (Nottingham) Ltd Tollerton Hall Tollerton Nottingham NG12 4GF

10

93