Investigation Anonymity Orders

The Coroners and Justice Act 2009 Part 3 Chapter 1, Anonymity in Investigations (Sections 74-85), introduces Investigation Anonymity Orders (IAOs). IAOs were proposed by ACPO Criminal Use of Firearms (CUF) in response to an identified gap in the service provided to witnesses in gang-related gun and knife homicides, where fear of reprisals impacts on members of the public’s willingness to provide evidence in these types of investigations.

A briefing paper is now available that summarises the conditions and process for making an IAO to a justice of the peace to prohibit the disclosure of information relating to the identity of an individual who is able to assist a ‘qualifying criminal investigation’ and thus reassure and give confidence to witnesses at an early stage, that their identity will be protected throughout the investigation and thereafter, by a court order.

It is vital that we ensure these orders are being used effectively to encourage witnesses to come forward with information that will assist in bringing offenders to justice. It is therefore important to note that Section 83 of the Act requires the Secretary of State to review the use of IAOs and prepare a review report which must be laid before Parliament by 6 April 2012.

To inform this review report, police forces and agencies are asked to monitor their use of IAOs and submit information centrally using the data collection form provided in Appendix 3 of this briefing paper. This should be completed for all instances where an IAO application is considered and/or made and submitted via e-mail to ACPO CUF at: acpoiao@west-midlands.pnn.police.uk.

The importance of collating this information centrally to accurately reflect the utility of IAOs cannot be overemphasised. If it cannot be shown that IAOs are being used appropriately on a regular basis and are of practical use, there is a risk that their availability will be withdrawn at the review stage.

It is also vital that feedback is provided on cases where an IAO would have been of benefit to an investigation but where the stipulations imposed as part of the application criteria have prevented an application being made.

If it is shown that there are a significant number of cases where the stipulations have prevented an application being made, then it will be possible to lobby for these constraints to be amended at the review stage.

The review period is crucial for refining the provisions and use of IAOs in the future to ensure that they fit the needs of criminal investigations and that we deliver the best possible service to our communities.

A copy of the guide can be obtained by emailing the ACPO IAO mailbox at acpoiao@west-midlands.pnn.police.uk.

Copies will be circulated to force Single Points of Contacts where appropriate. Further information will also be posted on the Criminal Use of Firearms Police Online Knowledge Area (POLKA) community when this becomes available in July.