Guidance

Statement of requirement for the Ministry of Defence Police

Updated 3 March 2020

Author: Director of Security and Resilience Date: 13 May 2019

Introduction

This document establishes the strategic requirement for the MOD Police (MDP). It defines the specialist policing capabilities that are required to counter the main crime and security risks faced by the MOD. It provides context for the tasking and resourcing of MDP services and describes the governance framework that directs and assures the force.

The legal case for the MDP

The legal basis and jurisdiction for the MDP is defined in the MOD Police Act 1987. It is a national and wholly civilian police force. MDP officers are warranted constables provided with constabulary police training. The MDP’s constabulary powers are derived from common and statute law. These powers are only lawful if they are exercised impartially, reasonably and proportionately, without undue influence, prejudice or constraint. All members of the MDP, from a constable to the Chief Constable should have regard for the interests of the MOD, but in the actual exercise of constabulary powers and authority, they are answerable to the law alone.

The Chief Constable must exercise impartial discretion in deciding to investigate offences and propose prosecution, free of any departmental or ministerial interference. Its officers have full constabulary powers when operating within their permitted jurisdiction (and in certain specified situations). MDP officers can therefore operate, armed, inside and outside MOD establishments. These powers mean that the MDP can provide armed protective security in its widest sense. Over 90% of its officers are Authorised Firearms Officers who are required to comply with the highest professional standards.

The MOD requirement for the MDP

The MDP enables the delivery of the following defence tasks through the provision of policing and security services:

• DT1: Defence, Security and Resilience of the Homeland and Overseas Territories
• DT2: Nuclear Deterrence and the Defence Nuclear Enterprise
• DT3: Understanding (intelligence)
• DT5: Overseas Defence Activity
• DT6: UK Prosperity and Civil Society.

The main crime and security risks faced by the MOD

The MOD faces a range of crime and security related threats and risks that require specialist and dedicated civil policing capabilities. These threats include:

• terrorist attack and the expoitation of defence assets or personnel for terrorist purposes
• disruption and disorder caused by protestors
• theft or compromise of, and damage to, assets and material that would have a significant impact upon defence capability
• major financial fraud and corruption that would have a significant impact upon defence capability
• unauthorised intrusion onto the defence estate.

Capabilities

The MOD requires the MDP to maintain the ability to deploy appropriately trained and equipped officers. The department does not seek to maintain a civil policing capability and capacity to meet every eventuality. If the MDP is unable to meet a specific policing requirement the department will look to the Chief Constable to resource this through a request for assistance from local police forces or national police agencies, accepting that this will be subject to respective policing priorities.

The MDP may also be required to support UK Defence operations overseas and should therefore maintain an overseas deployment capability. Whilst the Department does not require or fund the maintenance of a dedicated international policing resource, it requires the MDP to maintain the capability to train and deploy officers overseas at short notice.

Outputs

To support the achievement of defence tasks, the MOD requires the MDP to provide the following operational outputs:

Nuclear Policing

Provision of specialist armed policing services that contribute to the protection of the UK’s Strategic Nuclear Deterrent.

The Department’s security priority is the protection of all elements of the UK’s Strategic Nuclear Deterrent. Nuclear Security Policy is articulated in JSP440, The MOD Manual of Security, Resilience and Business Continuity, Supplement 1. The Department requires the MDP to deliver a range of specialist armed policing and security capabilities to deter and prevent threats to the secure and uninterrupted operation of the UK strategic nuclear deterrent.

Territorial Policing

Provision of specialist policing services that contribute to the protection of key Defence and UK Critical National Infrastructure sites, people and assets.

The MOD’s Guarding Policy is articulated in JSP440 Leaflet 6 Policing and Guarding. Although the MDP will be configured primarily to deliver the nuclear security task, TLB Senior Security Risk Managers may request that the MDP provides specialist protective armed policing at defence establishments where there is a clearly defined and essential requirement for constabulary powers as part of overall protective security arrangements.

The MDP will enable delivery of HMG Host Nation responsibilities under the Status of Forces Agreement 1957 through counter terrorism patrols at United States Visiting Forces (USVF) establishments. Further MDP services should be made available to the USVF on a repayment basis. These arrangements will be agreed through the MOD/USVF Security Committee.

The MDP may provide protective policing services to other government departments at Critical National Infrastructure sites on a repayment basis, subject to Defence ministerial approval. However, this should not be delivered in such a way that would detract from the services provided to defence.

The MOD requires the MDP to maintain a mobile armed capable response force that can temporarily be deployed to reinforce and augment the protective security arrangements at certain Defence sites and/or to provide a protective policing and security service. The location, configuration and operational role of the mobile armed capable support group capability will be agreed between the Chief Constable, Director Security and Resilience and TLB security advisors.

National Counter Terrorist Response

Contribution towards the UK’s national armed policing response to major incidents.

The Department’s requirement for the MDP is predicated on its ability to deploy inside and outside establishments in an armed role and be interoperable with local police forces ^{[footnote 1]}. . The MDP is required to maintain the commitment to deploy resources to the Strategic Armed Policing Reserve (SAPR) in support of the national armed policing response to a major terrorist or firearms incident. This will be provided either as Operation TEMPERER, at the level agreed with MOD Ops Directorate and the National Police Chiefs’ Council (NPCC) lead on Counter Terrorism, or on a “best effort” basis where the SAPR is deployed outwith of Operation TEMPERER.

The MDP is required to work with the NPCC lead on Counter Terrorism to develop site specific MDP (Operation PLATO) response plans as part of an overarching MDP PLATO Strategy to support local policing partners in the event of a marauding terrorist firearms attack (MTFA). These will be on the basis of ‘best effort’ balancing the immediate threat/risk to the public and the Defence sites protected by the MDP on a case by case basis using the National Decision Making model (NDM).

Crime and Intelligence

Collation and dissemination of criminal and security intelligence. Investigation and detection of fraud, corruption and the theft of, or criminal damage to, key Defence equipment and assets.

The general responsibility for the maintenance and enforcement of the criminal law in the UK rests with local police forces. However, to counter defence major crime threats and risks the MOD has a requirement for dedicated MDP resources to be focussed on the prevention and investigation of fraud, corruption and the theft of key defence equipment and assets. Loss of these would have a significant operational or reputational impact on defence, and the recovery of such equipment and assets. Director Security and Resilience, in consultation with the Head of Fraud Defence, will act as the corporate sponsor for the MDP criminal investigation capability.

Director Security and Resilience will also act as the corporate customer for the MDP Intelligence capability and will ensure that this is integrated with the MOD threat assessment process.

The Department requires MDP to act as the Defence Single Point of Contact for Counter Serious Organised Crime (C-SOC) partner agencies on investigative matters. The Department also requires the MDP, in collaboration with the Service Police, to lead and coordinate Defence C-SOC investigative, Criminal Intelligence and supporting activity, including that concerning materiel Attractive to Criminal and Terrorist Organisations (ACTO). The Chief Constable, in consultation with Director Security and Resilience, will agree the arrangements for responding to reports of crime with local police forces and the Service Police via a joint MoU with the National Police Chiefs’ Council (NPCC).

Assistance to other UK Police Forces

The MDP is not maintained or resourced to reinforce other UK police forces, and will not generally do so other than in a major national emergency or in the course of protecting life or preventing serious crime, or where there is a clear Defence interest in doing so. Within these parameters, the provision of mutual aid by the MDP will be an operational decision by the Chief Constable with responsibility to ensure the requirements under this Statement of Requirement are not undermined or diminished.

The MDP should collaborate with other Police forces where appropriate to share best practice and improve capability.

The MDP is required to support the Home Office led Infrastructure Policing Review. The Chief Constable should take advice from Director Security and Resilience if activity or capability development by the force is likely to diverge from common policing standards and hinder further interoperability.

Standards

The MOD requires that MDP policies and processes will follow and accord with national UK policing doctrine, standards and manuals. Where national police doctrine does not cover the MDP’s role, or it is inappropriate for MDP to follow national standards, the Chief Constable will develop appropriate policy guidance. Deviations from the standards issued by the College of Policing and NPCC are to be reviewed by the MOD Police Committee and endorsed by the MDP owner through Directorate of Security and Resilience. The Defence Police Federation will be engaged as appropriate in the development of any such policy, particularly where it has implications for terms and conditions of service for personnel.

Operational configuration, effectiveness and value for money

Requests for MDP services and capabilities will be based on direction set by the Departmental security policy detailed in JSP 440. Requests for MDP services should be limited to the specialist capabilities contained within this Statement of Requirement and within the funding made available to MDP. Customers will articulate detailed service requirements through a list of prioritised tasks, often known as the Guarding and Security Statement of Requirement (GSSOR).

The Chief Constable, in consultation with customers, will determine the operational MDP resources needed to deliver the customer requirement in the most efficient, effective and proportionate manner. Each customer is expected to fully fund their policing requirement, transferring the agreed funding through the Annual Budget Cycle. This will only vary when changes are agreed to the existing complement or service.

The allocation of budget and setting of priorities for the MDP is the overall responsibility of the MDP Owner. The Department requires the MDP, working with Director Security and Resilience and customers as appropriate, to:

• configure its operational resources to optimise delivery of the required services and as agreed with customers in their tasking agreements with the MDP
• configure its Headquarters structures in an efficient and effective way to optimise delivery
• generate a police workforce that is fit for purpose
• generate dedicated doctrine, tactics and capabilities to deliver the nuclear and non-nuclear security tasks detailed above.

Be proactive in reducing costs both internally and through collaboration and technology, offering effective services that will maximise the financial resources allocated to help mitigate the MOD’s main crime and security threats and risks.

Accountability and Governance

Chief Constable MDP

The Chief Constable will remain operationally independent and will be directly accountable to Secretary of State for decisions made on operational policing matters. The Department requires the Chief Constable to:

• produce an annual Policing Plan
• operate within delegated authorities and in accordance with MOD’s policies, rules and guidance
• provide Defence Board plan updates as required
• maintain an effective ‘corporate health’ programme for SHEF, absence management, business continuity, equality and diversity and operational assurance.

As part of the MOD, the MDP will operate in accordance with the Department’s wider governance and accountability arrangements which draw on best practice across government and specifically from Treasury and Cabinet Office These will include:

• HM Treasury guidance ‘Managing Public Money’
• MOD Joint Service Publication (JSP) 462 Financial Management and Charging Policy
• JSP 440: Defence Manual of Security, Resilience, and Business Continuity
• JSP 892: Risk Management
• JSP 525: Corporate Governance

The MDP will also operate in accordance with instructions, guidelines and policies issued by Functional Leaders as they affect the organisation including CDP (Chief of Defence Personnel) for personnel, pay and allowance issues, DG Finance for financial management and accountability and DG Commercial for contractual management and Director Security & Resilience for security policy.

Secretary of State for Defence and Minister (Defence Personnel and Veterans) (DPV)

Secretary of State for Defence (SofS) is accountable to Parliament for all aspects of MDP’s Performance and operational effectiveness. SofS delegates day to day accountability to Minister (DPV) who in turn will hold the Chief Operating Officer, as owner of MDP, responsible for ensuring the management within its departmental delegated authority.

MDP Owner

A senior official in MOD Head Office acts as the Chief Constable’s first Reporting Officer and is designated as the ‘MDP Owner’^{[footnote 2]}. The MDP Owner discharges the responsibilities of the Permanent Secretary of Defence for effective management and operation of the MDP as part of the MOD. The owner is responsible for ensuring that MDP complies with Defence policies and procedures and adequately meets its responsibilities to support Defence outputs. In practice this role is discharged with advice from Director Security and Resilience.

Director Security and Resilience

Director Security and Resilience is the Functional Leader for Security, the Department’s Chief Security Officer, the Defence Nuclear Security Regulator and Head of Security Profession. The Chief Security Advisor (CSyA), Head of the Directorate of Security and Resilience (DSR), is responsible for setting security policy and standards for the protection of MOD information, assets and personnel. The DSR Policing & Physical Security Team is responsible for leading on all aspects of civil policing policy and the wider governance arrangements of the MDP.

Guarding and Armed Policing PSAG Sub Committee (GAPPS)

The GAPPS provides the DSR CSyA and customers with an overall assurance of guarding and policing at Defence sites. The performance of the MDP is subject to scrutiny by DSR and its customers at the quarterly meeting. Routine MDP performance issues are resolved at the meeting or out of committee with DSR adjudicating as and when required. Any significant MDP issues are escalated to the Police Committee Sub-Committee and the DSR Group and DSR Board.

MOD Police Committee

The Secretary of State for Defence requires the MOD Police Committee to advise him by:

• providing an independent scrutiny and assurance that the MDP is delivering policing services in accordance with the MDP Act 1987
• giving advice to the MDP owner on the efficiency, effectiveness and performance of the Force.

The MOD Police Committee is a statutory requirement of the MOD Police Act 1987. The Committee is independently chaired and its membership is laid down in secondary legislation. The Committee’s purpose is to provide independent challenge and support to the force to ensure that the force is meeting the standards required of a UK police force and delivering efficient and effective performance against this Statement of Requirement and commitments to customers.

The Police Committee holds the Chief Constable and senior management team to account, including delivery against this Statement of Requirement. It takes a risk based analytical approach to discharge the functions listed in the Committee’s Terms of Reference.

1. For example, the NPCC leads for firearms and Op TEMPERER require MDP officers to comply with College of Policing national standards for authorised firearms officers. ↩

2. Currently the Chief Operating Officer (COO). ↩