No changes to police media relations guidance without consultation, says college after ‘deep concerns’ raised

The College of Policing says it does not “want to do anything that would undermine open justice” after “deep concerns” were raised over proposed changes to its media relations guidance.

Mar 24, 2023
By Paul Jacques
Picture: College of Policing

Amendments to the guidance had been proposed by the Information Commissioner’s Office (ICO) to take account of evolving data protection law.

Chief Constable Andy Marsh, College of Policing chief executive officer, said: “An open, transparent, and professional working relationship between the police service and the media is essential to public trust.

“Our guidance to police forces is clear that at the point an individual is charged with a crime, there should be no reasonable expectation of privacy. We believe this is strongly in the public interest and compatible with data protection law.”

On Friday (March 24), the college held a meeting with the ICO to understand its position and outline the importance of transparency, open justice and the ability of the media to get the information they need to do their job.

It said it will maintain the current position that “those charged with an offence – including those who receive a summons to court – should be named, unless there is an exceptional and legitimate policing purpose for not doing so or reporting restrictions apply”.

Of particular concern among media bosses were suggestions that suspects charged with offences “can be named” by forces instead of the current guidance which states that suspects “should be named, unless there is an exceptional and legitimate policing purpose for not doing so or reporting restrictions apply”.

Other proposed changes to the college’s APP (Authorised Professional Practice) on Media Relations include recommending to forces that charging information is only released “where the crime is of a serious nature such as rape or murder” or where the incident has already been reported in the media or on social media sites.

The News Media Association (NMA) said the proposed changes “could weaken open justice”.

NMA chief executive Owen Meredith said: “We are deeply concerned by these proposed changes which would weaken the flow of information from police forces to the general public, undermining the public right to know.

“Professional guidance must create a framework to help and support police officers in achieving a good relationship with the media, rather than erecting new barriers that entrench secrecy.

“We urge the College of Policing to work with publishers and editors through constructive consultation to establish guidance which enables the public to fully see and understand the important work of our police forces.”

The Society of Editors, which has reviewed the proposed changes alongside the Crime Reporters Association (CRA), said any amendments to the guidelines for all forces in England and Wales, should “strengthen” rather than “restrict” the public’s right to know.

Society of Editors executive director Dawn Alford said: “The Society is deeply concerned that proposals contained within the revised guidance look set to place unprecedented restrictions upon the flow of information provided by the police to journalists.

“Misplaced concerns around data protection and defendants’ privacy rights are being used as a basis to allow forces to choose which criminal charges they confirm to the media and non-custodial penalties such as fines, out of court disposals and cautions, could become non-verifiable with press officers.

“A successful working relationship between the police and the media remains essential to policing legitimacy in the UK and the Society remains in dialogue with the College of Policing to reverse these draconian proposals and strengthen, rather than restrict, the public’s right to know.”

The college had said the guidance required updating following the introduction of new data protection legislation, but said “no decision to introduce these changes has been made at this time or will be made without consultation”.

It stressed that “an open, transparent, and professional working relationship between the police service and the media is essential”.

The College of Policing said working with the media to communicate to the public can help solve crimes, bring offenders to justice and keep communities safe. It can also give the public insight into what the police are doing and why they are doing it.

The context in which the media and police engage with each other continues to change quickly as new technologies, crimes and threats emerge, it added.

In a letter to the to the CRA, the Society of Editors and NMA, college head of communications Matt Peck had said: “An open, transparent, and professional working relationship between the police service and the media is essential.

“Our guidance to police forces in this area upholds these principles and has not currently changed.

“The ICO has proposed amendments to take account of evolving data protection law. In our discussions with the ICO, we have outlined the importance of the emphasis placed within the guidance on openness and transparency, while acknowledging their representations regarding data protection and the law.

“In sharing these proposals at an early state, we have been seeking formal feedback to consult and develop a way forward working with you, forces and the ICO. We welcome your input and support as we undertake this process. We understand the depth of feeling on these issues and the public interest in getting any changes to the guidance right.”

He added: “I want to reiterate to you that no decision to introduce these changes has been made at this time or will be made without consultation. In the meantime, our guidance to police forces remains as set out on our website.

“I would be grateful for any assistance you can provide in reassuring colleagues on our position and the steps we are taking regarding any changes.

“We look forward to continuing to work with you, and please don’t hesitate to get in touch directly if you, or any colleague, would like to discuss this further.”

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