Police release 'secret deal' protocol in wake of Warwickshire hunt review
Police have released a 'secret deal' protocol in the wake of Warwickshire hunt review. In doing so, Warwickshire Police's new Chief Constable Alex Franklin-Smith said he wanted to dispel the claims made about the 'civil agreement' made by the force with Warwickshire Hunt.
Following complaints about the hunt causing 'traffic havoc', the force had served a community protection notice (CPN) on the hunt in December 2022. The CPN meant the hunt had to let the police know where and when they crossed main roads.
If breached, it could have led to police action. But the hunt appealed the CPN and the matter was taken to court. As a result, the police and the hunt came to a 'protocol agreement' in mediation which was classed as private and was not disclosed due to court rules.
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However the new chief constable has decided to release the protocol into the public domain following the publication of the results of an independent review undertaken to look into the force’s response to alleged anti-social behaviour, road safety and crime in relation to hunting.
In a statement, Warwickshire's most senior cop explained: "As the independent report states, hunting is a highly divisive topic which elicits strong opinions. Trail Hunting, and associated protest, can create anti-social behaviour and road safety concerns.
"In May 2022, in an effort to address such issues, a Community Protection Notice was applied for by the force. In doing so, Warwickshire Police became the first force in the country to take such action – a practice that has now been used by a number of other police forces.
“As the first of its kind, the Community Protection Notice was appealed by the Warwickshire Hunt and the court tasked both sides with seeking to settle matters outside of litigation. At the same time, the court stayed the Community Protection Notice meaning it was unenforceable.
“As the independent report details, after careful consideration, and under the leadership of an Assistant Chief Constable, it was decided that a civil agreement (also known as a civil protocol) was the most effective way to achieve the directions of the court and address the associated anti-social behaviour and road safety concerns.
“The now obsolete civil protocol has been the subject of much confusion, and some have claimed it to be a ‘secret deal’. This is not the case, and the independent review explains why. This is a document that is considered privileged civil court information, subject to confidentiality and covered by legal privilege, meaning it shouldn’t be shared publicly unless the affected parties agree to waive their legal privilege."
He went on to explain that this was not communicated effectively, conceding the findings of the report that said that the force 'under-estimated the level of potential public interest in this matter' and its approach to communications could and should have been more proactive.
“I absolutely recognise the impact this matter has had on public trust and confidence in the force and policing more generally," the statement continued. "As the independent report confirms, the protocol was entered into in good faith and with the best of intentions. It has, however, become a significant distraction to the vitally important work that our officers, staff and volunteers do to protect the communities of Warwickshire.
“As the newly appointed Chief Constable, and after careful consideration, I have taken the decision to release the civil protocol into the public domain. I have informed the Warwickshire Hunt of my decision and in doing so waived the legal privilege that the document attracted.
“A copy of the now obsolete civil protocol is available on the force website.
“At the point the protocol became obsolete, the force published a new Code of Behaviour for anyone involved in trail hunting, protesting around it, or simply interested in how we police these matters. This remains available on our website and includes clear guidance on how to report associated crimes.
“Moving forward, at the end of each trail hunting season (Spring), we will carry out an operational review that will include engagement with affected stakeholders. This review will be published and will detail relevant facts and figures of what has and hasn’t happened."
He added that the force will now implement recommended changes including a 'more proactive and transparent approach' moving forward, including providing clear information on how to report incidents relating to hunting and associated anti-social behaviour.
“Warwickshire Police will operate without fear or favour, and I have previously said publicly that we will not always get things right," the chief constable said. "However, we will learn from our mistakes, and we will be relentless in our pursuit to continually improve. In 2025, we will build and deliver a new policing plan that ensures we are serving our communities effectively. The views and voices of our people, our partners and our public will be heard, and used to inform our future."