Pre-charge warnings issued inconsistently

IMPROVING: Police will be reviewing their policy around pre-charge warnings. PHOTO: FILE

Police will be putting more weight on the views of victims as they look to review their use of pre-charge warnings.

A report into the use of these was released last week by the Independent Police Conduct Authority who found non-Maori offenders were more likely to be let off with pre-charge warnings (PCWs).

The authority found a "number of issues" with PCW policies and "substantial and undesirable inconsistencies" as to how they were used across different police districts. Figures for the Central region show out of 690 eligible arrests between February and April this year, 222 PCWs were issued.

PCWs were introduced six years ago and are used as an alternative to prosecution for minor offences. This involves the use of police discretion not to prosecute despite having enough evidence to do so. The PCW is issued after the person has been arrested, if they are eligible.

In a police response, Superintendent Wallace Haumaha said he was confident police were addressing each of the concerns raised in the report.

"Firstly, police are undertaking a review of the policies surrounding PCWs which will include more detailed clarification around considerations undertaken by staff."

Authority chairman Sir David Carruthers said there was a possibility of differential treatment on the basis of ethnicity.

"Pre-charge warnings are more likely to be given to non-Maori offenders than to Maori offenders. Statistics show that a much higher proportion of Maori offenders committing eligible offences have previous criminal convictions.

"While the authority has not come across evidence that clearly demonstrates differential treatment on the basis of ethnicity is happening, the possibility that it could happen is enough to reinforce the need for more guidance on the exercise of police discretion in this area."

Superintendent Haumaha said police would specifically look into the public interest test guidelines, the PCW process and providing clarification around the consideration of an offender's history.

"Police will be ensuring more consideration be placed on the views of victims where there is one and the need to agree reparation where there has been a financial loss incurred. As part of our national operating model, Prevention First, victims of crime remain at the heart of what we do."

"This work will also help to reduce the inconsistencies in practices across the country where different districts applied the PCW policy in differing ways."

The review will also include a training package to refamiliarise staff with the PCW process.

The report was sparked by a complaint made in May last year by an officer whose daughter had her vehicle broken into. She had her belongings taken to a total of approximately $100.

The offender was given a PCW but the officer felt PCWs were being used in a "blanket" way and undermined victims' rights.