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How Elon Musk seized on baseless memo claim to create wave of misinformation

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The purpose of the circulars – or memos – is to provide police forces with guidance, policy updates and administrative instructions.

The Home Office says all memos and circulars to police forces are published online in the National Archives. They are also kept in the library of the College of Policing website.

BBC Verify searched all the circulars for 2008 and could find no reference to “informed choice” or “child prostitute” or any phrase similar to the one cited in the social media posts.

Of the 32 circulars listed on the National Archives website for 2008, only one – 017/2008 – falls under the category “child abuse”. We have also searched circulars for 2007, 2009 and 2010 and found no references to “informed choice”. We also searched for other phrases in Mr Afzal’s original statements and variations from later social media posts – for example “get involved”, “sexual behaviour” and “lifestyle choice” – and found no occurrences.

There have been several Freedom of Information requests regarding a supposed memo or circular with the “informed choice” phrase, but no police force has found any trace of such a communication.

We were able to find a circular from 2009 that links to a webpage that further links to a document on child sexual exploitation released by the Department for Children, Schools and Families that mentions the phrase “informed choice”. It is not an instruction to police and the context it appears in is emphasising situations where local agencies might need to report sexual activity in order to protect children “unable to make an informed choice”.

There were circulars in 2007 and 2010 that contained the phrase “child prostitute”. The first was in connection with some technical changes to offences like “controlling a child prostitute”. The second again dealt with technical changes but this circular on prostitution, external also said: “In short, any steps taken, whether relating to criminal proceedings or not, should be designed to protect the child from continuing sexual exploitation and abuse.”

The term “child prostitute” was taken out of the law in 2015 as it could imply that children could consent to abuse.

Circulars and memos are received by senior individuals in each police force, former Chief Constable of Norfolk Constabulary Simon Bailey told BBC Verify.

“They would’ve gone to crime registrars and the head of the crime and they would’ve cascaded the guidance,” he said.

If there was any doubt about how to interpret the guidance a force would have gone back to the Home Office to seek clarity, Mr Bailey added.

“And even going back 17 years, I cannot believe the Home Office would’ve sent out a circular of that nature.”


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