PROPERTY HANDLING (LOST AND FOUND) PROCEDURE

Transcription

1 PROPERTY HANDLING (LOST AND FOUND) PROCEDURE Authorised Professional Practice (APP) APP has been produced by the National Policing Improvement Agency (NPIA) (now the College of Policing) and contains best practice information on a wide range of policing issues. APP is divided into Core and Specific Practice Areas, the aim being to consolidate national guidance, encourage the use of professional discretion and bring consistency to all authorised police practice. This Procedure has been checked against both the Core and Specific Practice Areas of APP. There is no APP guidance in relation to the subject matter of this Procedure. Page 1 of 9

2 Introduction Lost Property is property which a member of the public is known to have lost and is reporting the loss to the police. Found property includes any property coming into the possession of the police which is not suspected or known to be the proceeds of crime or required for evidential purposes. This procedure commences with the process of dealing with lost property and is followed by the process for dealing with found property. Page 2 of 9

3 1.0 Procedure 1.1 Reporting Lost Property There is no legislation that effectively states that the Police should record reports of lost property. Gwent Police will, however, take reports of lost property from members of the public in the interests of providing a good service by reuniting owners of lost property with found property that is reported to the police Reports of lost property can be made in one of two ways. Either the owner of the lost property attends the Police Station in person, or by means of a telephone call to the Police If the call is made to the Force Call centre the Call handler will log the details of the individual and the lost item within the Lost & Found section of the Force Property system. All fields must be completed to ensure the maximum amount of information is recorded giving greater chance of reuniting the owner of the lost property with any found property reported The system will automatically check found property to see if there is a match. If the lost property has been found, the operator will inform the caller where the property is located and give the caller a property reference number to quote when collecting the lost item. The caller will be informed that they have 21 days in which to collect the item, otherwise it will be kept by the finder or disposed of by the Force Where a person reports lost items in person at a station which is open to the public, the SEO or other officer dealing with the enquiry will log the details as described in Reuniting an Owner of Lost Property with Found Property Where a lost item is matched to an item in the found property store and the caller is present at that location, the officer dealing will retrieve the found item from the property store and check with the individual that it is the correct item. The property system will be used to print a receipt for the person claiming the found property to sign and a letter to go to the finder to say that the item has been claimed If the Found Property was retained by the finder arrangements can be made for the owner to collect their lost property from them as long as the finder is willing to allow this to happen It is only in exceptional circumstances that an officer will deliver the found property to an owner after all other avenues have been explored. This is for the discretion of a supervisory officer based on the prevailing circumstances. Page 3 of 9

4 1.2.4 All details of disposals of found property are recorded by the property system whether this is by repatriation to the owner or by Force disposal of time expired property If having received a report of lost property and no match can be made with found property, the owner will be informed and given a lost property reference number which is generated by the property system. However, if subsequently property comes into the possession of the police that matches the lost property report then the property system will generate a letter to the loser of the property and inform them where the property is located. They will have 21 days in which to collect the found item after which it will be disposed of by the Force (to the original finder or by auction). 1.3 Found Property Found Property is that which has been reported to the police as being found The Theft Act 1968 effectively states that lost property belongs to the finder, unless the owner is identified. With the exception of specified items, members of the public should be encouraged to retain found items. Should they wish these items to be retained by the Police then they will be required to deliver the items to their nearest Police station. Where individual does not have access to a station with published opening hours or is unwilling or unable to hand in the found item, the Force will arrange collection from the individual at a mutually convenient time There is no statutory period of retention for Found Property. Found Property will be held by the Finder or Gwent Police (if the finder does not wish to retain it), for a period of 21 days. During this period it may be claimed by the lawful owner. After 21 days, if the property has not been claimed by the lawful owner, the found property can be claimed by the finder within an additional 21 days. If it is not claimed by the finder within this time period it will be destroyed or disposed of at auction The following property will not be retained by the finder or (with the exception of cash) returned to the finder: Cash, cheques, bank and credit cards, keys, official or government documents, medicine, tablets, drugs and poisons, offensive weapons, firearms, ammunition, explosives, medals, H.M. Forces equipment, driving licences, identity documents or passes to government or other establishments and any identifiable property. The Force will always retain (or collect) such items. Cash must always be returned to the finder after 21 days if it remains unclaimed All records in relation to found property will be retained for 7 years We should neither advise other parties on retention and disposal procedures, nor accept any unclaimed property from them with the exception of those outlined at (1.3.4.) The organisers of public events are responsible for making adequate on site provisions to allow the reporting of lost property, as well as the claiming of found property. The duration of any subsequent retention of Page 4 of 9

5 found property or reports is again a matter for the organisers, as is the disposal procedures that they wish to adopt Property will not be retained by the finder if they are less than 16 years of age. 1.4 Found Property Recording Found property can be brought to the attention of the Force in one of three ways. Either the finder attends a station in person, by means of a telephone call to the Force Call Centre or by handing to a patrolling officer Finders should be encouraged to retain the item(s) unless they are: Cash, Cheques, bank and credit cards, keys, official or government documents, medicine, tablets, drugs and poisons, offensive weapons, firearms, ammunition, explosives, medals, H.M. Forces equipment, driving licences, identity documents or passes to government or other establishments and any identifiable property If the call is made to the Force Call Centre the Call Centre operator will log the details of the individual and the found item within the Lost & Found section of the Force Property system. All fields must be completed to ensure the maximum amount of information is recorded giving greater chance of reuniting the owner of the lost property with any found property reported Found property handed to a Police Officer, Special Constable or CSO will be recorded in full in the officers pocket note book together with details of the finder. This should be countersigned by the finder as correct. Cash should be recorded in both words and numbers. Upon returning to the Police Station the found property procedure should adhered to as outlined in above and placed in the secure found property store. Where found property is handed in at a mobile station, the same procedure should be adopted If the report is made in person at a station then the officer dealing with the item should print a found property receipt from the property system and hand this to the finder. This receipt will carry details of the item found and explain that if the item is not claimed within 21 days, the finder can claim the found items. If however a report is made via a telephone call the finder is given a unique reference number generated by the property system and told to retain the property for 21 days before disposing of it The Force property system will automatically check found property against items which have been reported as lost. Where a match occurs, the system will be used to produce a letter informing the loser that their property has been found and that they must claim it from the location designated in the letter within 21 days otherwise it will be forfeited. The system also provides the alternative of phoning the loser instead of printing the letter The system will also produce a found property receipt for the finder and this will be used by the finder to claim the found property in 21 days elapsed time Page 5 of 9

6 should the loser of the property not claim it. Whichever party claims the property; a found property disclaimer will be printed by the system at the time of collection and signed by the individual claiming the found property. These disclaimers should be stored at that location in line with MOPI recommendations It is the responsibility of the person taking possession of the property to ensure the property is properly checked not only to establish its condition, but also to ascertain if the property contains any reference to the loser. If such a reference is found then it is that person who is responsible for ensuring that initial enquiries are conducted to contact the owner at the earliest opportunity and to arrange for the prompt return of the property The person receiving the property will place the property in a self-seal evidence bag and seal it. A Found Property Label should be printed from the property system and attached to the self-seal evidence bag. The found item should then be placed in the property store. The location of the property will be recorded on the Force property system Once notified, owners have 21 days to collect the property, otherwise it may be disposed of by return to the finder or, if not collected by the finder within 21 days, be auctioned by the Force and monies credited to the Force property fund. 1.5 Found Property Storage Finders should be encouraged to retain the item(s) unless they are one of the proscribed items listed in If the finder is willing to retain the items(s) they must be reminded that this property must be stored securely and retained for a full 21 days. They must also be asked if they are willing for the loser of the property to come to their house to collect the item should the user be identified. If they are willing to do so, this must be recorded on the found property computer record If the finder is unwilling to receive the loser at their home address, then, in the event of the loser being identified, the property must be collected from the finder s home address by an officer and brought to the main LPU station for repatriation to the loser Found property in the possession of the Force should be stored securely. This means either in a locked secure property store or a locked secure cabinet Keys to secure stores and secure cabinets should also be kept in a secure location, for example in a safe, or retained in the possession of the employee in charge of found property Found property should be immediately removed from the enquiry desk area to a designated secure area. Page 6 of 9

7 1.6 Return of Found Property to the Finder/Owner If the rightful owner claims item(s) of found property within 21 days they must sign a disclaimer which is printed from the Force property system to indicate that they have taken possession of the found property. Signed disclaimers should be stored at that location in line with MOPI recommendations If the rightful owner claims item(s) of found property within 21 days and the item was retained by the finder then a member of Gwent Police will contact the finder by telephone or using a letter printed from the Force property system to arrange the return of the found property. Details of the person holding the property will not be given to the rightful owner unless the finder has given their explicit permission to do so If the found property is not claimed by the owner within 21 days then the finder is notified by telephone or by using a letter printed from the Force property system, that they have 21days to claim the property. Upon claiming the property in this way the finder must sign a disclaimer which is printed from the Force property system to indicate that they have taken possession of the found property. Signed disclaimers should be stored at that location in line with MOPI recommendations If neither the owner nor the finder claims found property in the manner described above then it should be disposed of by the Force. 1.7 Found Property Disposal Unclaimed found property must be disposed of via the Central property stores. The manner of disposal will either be public auction, physical destruction or in the case of cash, payment into the police property fund. The Police and Crime Commissioner may, from time to time, vary this process by delegating authority to the Force Property Manager to dispose of scrap items to local organisations in furtherance of community projects that assist in achieving policing objectives. Such variations will be the subject of a PCC decision log Details of all found property to be disposed will be recorded in the Force property system Unclaimed cash must be taken to the local business support officer where a receipt will be issued and cash will be banked as part of the Force s weekly banking cycle. The disposal reason and disposal method are recorded in the Force property system. PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE VERSION CAN BE FOUND ON THE INTRANET POLICIES SITE. Page 7 of 9

8 2.0 The Legal Basis and Legitimate Aims 2.1 There is no legislation that effectively states that the Police should record reports of lost property. Gwent Police will, however, take reports of lost property from members of the public in the interests of providing a good service by reuniting owners of lost property with found property that is reported to the police. 3.0 Human Rights Certification of Compliance 3.1 The Procedure has been checked for compliance with the Human Rights Act; with particular reference to the legal basis of its precepts: the legitimacy of its aims; the justification and proportionality of the actions intended by it; that it is the least intrusive and damaging option necessary to achieve the aims; and that it defines the need to document the relevant decision making processes and outcomes of actions. 4.0 Compliance with The Welsh Language Scheme 4.1 This Procedure aims to comply with the organisation s Welsh Language Scheme in terms of dealing with the Welsh speaking public, impact upon the public image of the organisation and the implementation of the Language Scheme. 5.0 Risk Assessment and health and safety Considerations 5.1 The Gwent Police Service Dynamic Assessment should be applied as necessary. A training package in the use of risk assessment will be provided to all police personnel if requested or required. Page 8 of 9

9 6.0 Procedure Identification Section Procedure Title: Property Handling (Lost and Found) Reference: 501/1 b issue 2 ACPO Lead: Service Area Owner: Department Responsible: Links to other Policies/ Procedure: Procedure Implementation Date: Director of Resources Head of Finance Finance Health and Safety, Data Protection, Miscellaneous Property. 18 September 2013 Reviewed and amended Procedure Review Date: Feb 2017 Page 9 of 9