Not protectively marked No. E stabli shes corporate minimum standard s for the primary in vestigation of c rim e TP Crime Strategi c Committee

Transcription

1 Standard Operating Procedure Territorial Policing SOP : Minimum Standards for the Primary Investigation of Crime Protective marking : Publication scheme Y/N : Title : Version : Summary : INTRODUCTO N Branch/ OCU : Review date : Not protectively marked No Primary Investigation of Crime Standard Operating Procedure s Version 2 E stabli shes corporate minimum standard s for the primary in vestigation of c rim e TP Crime Strategi c Committee May Notice reference / date : Item 5 Notices 19/08-07/05/0 8 Standard Operating Procedure (SOP) for the Prima ry Investigation of Crim e This SOP suppo rts the Metropolitan Police Service (MPS) policy relating to the Investigation of Crime and deals specifically with primary investigations. The SOP sets generic minimum standards for the prima ry investigation of all crime in addition to fu rther standards and processes relating to specific crime types considered to have the most impact at Territorial Policing (TP) Borough Operational Command Unit (BOCU) level. Compliance with this SOP will ensure a corporate approach to prima ry investigations. APPLICATIO N All police officers and police staff, including the extended police family and those working voluntarily or under contract to the Metropolitan Police Authority (MPA) must be aware of, and are required to comply with, all relevant MPS policy and associated procedures. However, this SOP applies in pa rticular to officers and staff in the following roles : All operational officers, both uniform and detective, and their supervisors Page 1 of 6 8

2 All Police Officers and Police Staff involved in the initial response to and prima ry investigation of crime and their supervisors. All Police Officers and Police Staff involved in the management of crime and their supervisors. Note : This list is not intended to be exhaustive. This SOP applies with effect from Wednesday 7th May SOP CONTENTS Part 1 - Supervision of Primary Investigation s Part 2 - Minimum Standards for the Primary Investigation of Crime (All Offences) Part 3 - Primary Investigation of Serious Violence Offences and Assault s Part 4 - Primary Investigation of Robbery Part 5 - Primary Investigation of Burglary and Distraction Burglar y Part 6 - Primary Investigation of Auto-crime Offences and Seizure of Motor Vehicles Driven Without Driving Licence or Insurance Part 7 - Primary Investigation of Cheque, Plastic Card and Online Bank Account Fraud Part 8 - Primary Investigation of Making Off Without Payment from Petrol Station s Part 9 - Dealing with Counterfeit Currency Page 2 of 6 8 Part 10 -Primary Investigation of Arso n Part 11 - Dealing with Firearms

3 Part 12 - Primary Investigation of Hate Crim e Part 13 - Primary Investigation of Sexual Offences Part 14 - Immediate Capture of Evidence for Front line Officers (ICEFLO) Procedure s Part 15 - False Reporting Procedure Part 16 - Police Liaison with Royal Mail Letter Security (RMLS) and Other Public Postal Service s SOP DETAILS PART 1 SUPERVISION OF PRIMARY INVESTIGATION S Supervision at the Scen e The first supervising officer to arrive at a crime scene will assume responsibility for control of the scene. Details of this officer must be recorded on the relevant CAD message. Where, for any reason, this function is delegated or transferred to another officer, this must also be recorded on the CAD. This is of particular importance where an initial investigation requires a scene to be managed, i.e. serious violence offence or other offence requiring cordons to be installed. Where no supervising officer is in a ttendance, the first officer to arrive at the scene will assume responsibility. Details of the officer must be recorded on the CAD. Any subsequent changes must also be recorded. The responsibility for recording such information on the CAD system is that of the Borough IBO. Page 3 of 6 8 Initial Supervision of Recorded Allegation s Supervision of investigations at an early stage is of paramount impo rtance in ensuring that :

4 The minimum standards set by this SOP are achieved ; AND Any shortfalls that exist in the investigation are identified early enough for remedial action to be taken. To this end, ALL primary investigations MUST be supervised within FOUR HOURS of being recorded. Where possible, this supervision should be carried out by an officer with supervisory responsibility for the person conducting the primary investigation, however where this is operationally impractical any supervisor may carry out this function. The supervision must be more than a simple check and should focus on the initial investigative steps that have been taken. The fact that the investigation has been supervised must be recorded on the CRIS together with details of any fu rther action required. The responsibility for ensuring that the above supervision takes place lies with the Duty Officer. PART 2 MINIMUM STANDARDS FOR PRIMARY INVESTIGATION OF CRIME (ALL OFFENCES) The minimum standards of investigation into all offences have been broken down into the following six key areas : 1. Immediate Actio n 2. Scene 3. Forensic s 4. Victims/Witnesse s 5. Suspects 6. Other Evidence Contained within each of these key areas are a number of 'expected actions ' that the investigating officer must consider. Where an action is considered but not unde rtaken the investigating officer must be able to justify why this is the case. Also, where an action is not possible due to the fact that the investigation is being conducted without police deployment, by a Telephone Investigation Bureau (TIB) for example, this must be clearly recorded on the Crime Repo rting Information System (CRIB). These actions set the minimum standard that must be achieved and therefore fu rther work must be unde rtaken where appropriate. Details of Page 4 of 6 8

5 all investigative action taken must either be directly recorded on the CRIS report or first recorded in a 'Pocket book' or other official MPS document and then transcribed onto the CRIS report. Investigating officers must not use scraps of paper or other unofficial documents to record evidence and actions taken to investigate crime. In relation to crime investigations officers must make a note in an Evidence and Action Book (EAB) of anything that may be of evidential value or of use in a later enquiry. Such practice will improve the standard of recording crime details, enhance disclosure procedures, allow subsequent investigators to have control of the original book and to preserve the integrity and continuity of the notes made. The type of information that should be recorded will include :. First description of suspect. Identification evidence (including Body Map if appropriate). Details of exhibits seize d. Unsolicited comments relevant to an investigatio n. Questions and answers relating to an investigation or search. Reply to cautio n. Forensic evidence. Details of victims injuries or damage NB. This list is not exhaustive. Communication With People who are Deaf, Deafened, Hard of Hearing or Deafblin d Guidance regarding communication with persons who are Deaf, deafened, hard of hearing or Deafblind can be found in Police Notice 16/2007 Communication With People Who are Non -English Speaking All reasonable steps must be taken to communicate with persons who do not speak or understand English. Information relating to the use of interpreters can be found in the Working with Interpreters - Guidelines for MPS Personnel - Standing Operating Procedures Page 5 of 6 8

6 Full details of the 'expected actions' together with links to relevant information are as follows : 1. IMMEDIATE ACTIO N Provide / Request Medical Aid As appropriate Identify Risks to Health/Safety of Police/Public Potential risks to the health and safety of police/public attending or near the scene must be established and acted upon at the earliest opportunity. Establish Details of How Offence/incident Has Happened. Obtain sufficient information in order to establish what crime has been committed. Full details of what has occurred must be recorded. Identify Serious Violence Offence s 'Serious Violence' is defined a s Murder Attempted Murde r Causing Grievous Bodily Harm with Intent (S18. Offences Against the Person Act 1861) Investigations into these offences will be carried out in accordance with the MPS Standard Operating Procedure for the Investigation of Serious Violence Offence s Consider if Incident is Critical Inciden t A Critical Incident is defined as 'Any incident where the effectiveness of the police response is likely to have a significant impact on the confidence of the victim, their family, and/or the community.' It is imperative that police respond effectively to Critical Incidents especially during the initial investigation. Full details relating to the identification of and response to Critical Incidents, including action to be considered during the 'golden hour', are contained within the Critical Incident Manua l Page 6 of 6 8 Consider if Crime Amounts to a Threat to Lif e If the crime amounts to a threat to life the MPS policy on Dealing With Threats to Life should be referred to.

7 Provide Early Identification of Incidents of Hate Crime or Domestic Violenc e It is important that incidents of Hate Crime or Domestic Violence are recognised at the earliest opportunity. The relevant flags must be shown on the CRIS report (GE N Page). Further details are contained within Part 5 (Assaults) and Part 12 (Hate Crime) of this SOP. Further information is available from the Community Safety Unit Service Delive ry Team Take appropriate action where a child is involved /present and any of the Every Child Matters (ECM) key outcomes are not being achieved. Section 11 of the Children Act 2004 sets out clear statutory requirements for all agencies to safeguard and promote the welfare of all children and young people. To support this objective, each agency that works with or comes into contact with children and young people are required to assess the child's needs against the following ECM five key outcomes. Be Healthy Stay Safe Enjoy and Achieve Make a Positive Contributio n Economic Well-bein g Where there are concerns that any of the above key outcomes are not being met a MERLIN repo rt must be created Full details will be published in the MPS Every Child Matters Policy. In cases where Child Abuse is suspected or circumstances are such that a child is considered to be in need of Police Protection the MPS Child Abuse Investigation Policy must be complied with. Ensure Description of Suspect(s) is Recorded and Circulated Including Stolen Property / Vehicles Used. The Police and Criminal Evidence Act (PACE) Codes of Practice (Code D 3.1) requires that a description of a suspect as first given by a potential witness MUST be recorded in a visible and legible form. This would normally be recorded in an officers pocket book or Evidence and Action Book (EAB). In some cases the relevant CAD message may contain a record of such a description. Details of suspect(s) and/or property stolen should be circulated as soon as possible. Page 7 of 6 8 Consider Searching Area for Suspect Accompanied by Victim /Witness In certain circumstances the victim/witness should be asked to accompany police on a 'drive round' to try and

8 identify the suspect. It is impo rtant that the correct procedures as prescribed by PACE Code D.3. 1 to D3. 3 are followed. Ensure Details are Recorded of all Officers Attending the Scene. The names and numbers of all police officers and staff attending the scene must be recorded and entered on the CRIS report. 2. SCEN E Take Appropriate Measures to Preserve Crime Scen e Avoid unnecessary disturbance of the crime scene by public/police. Cordon off scene where necessary and appropriate. Note what preservation advice is given to victims/witnesses. The preservation of a crime scene and the logistics to achieve this, including crime scene tents, lighting, power, visual screens and traffic management can be obtaine d Commence Scene Log if appropriat e Where it has been considered necessary to preserve a crime scene by putting in place a police cordon, a Crime Scene Log should be started at the earliest opportunity. Where such a log is not immediately available, a pocket book or EAB should be used until one becomes available. Photograph Scene using Immediate Capture of Evidence for Front Line Officers (ICEFLO) procedures The early capture of evidence can be crucial to the successful outcome of an investigation. For this reason consideration should be given to obtaining photographic evidence from a scene as soon as possible. Full guidance of ICEFLO procedures are contained within Part 14 of this SOP. Conduct search of Scene /Route Taken by Suspects A thorough search of the scene including the route taken by suspect(s) should be considered. This will ensure that maximum forensic and CCTV opportunities are identified. Page 8 of FORENSIC S Liase with Scene Examiner at earliest opportunity

9 Scene Examiners now provide 24 hour cover on all boroughs. It is impo rtant therefore that contact is made at the earliest oppo rtunity, preferably whilst police are at the scene. This will enable a Scene Examiner to either attend the scene immediately or provide advice to police on the preservation, seizure or packaging of exhibits. mmff~~ Page 9 of 6 8

10 4. VICTIMS / WITNESSE S Locate and Establish Details of All Potential Victims and Witnesse s Sufficient enquiries must be carried out to locate all potential victims and witnesses. This will include conducting appropriate local enquiries at/near the scene. Comprehensive and precise contact details must be taken from all victims/witnesses. These details must be accurately recorded on the CRIS. Obtain Victim/Witness Statements The decision as to whether to obtain an immediate full written statement from a victim/witness must be made according to the circumstances. Factors that will determine when such a statement is taken include the future availability and co-operation of a victim/witness and whether a victim/witness is considered to be vulnerable or intimidated (see below). Full updated guidance on the interviewing of victims and witnesses can be found Page 10 of 6 8

11 in Achieving Best Evidence in Criminal Proceedings : Guidance on Interviewing Victims and Witnesses and Using Special Measures. Ensure Vulnerable or Intimidated Witnesses Are Identifie d Part 2 of the Youth Justice and Criminal Evidence Act, 1999 sets out a number of "special measures" that are intended to help "vulnerable" and "intimidated" witnesses to give their evidence. It is important that these witnesses are identified at the earliest stage in an investigation in order that the appropriate special measures can be implemented. Full details are contained in the MPS Investigative Interviewing Policy Ensure Victims Code of Practice is Fully Complied Wit h The Victims Code of Practice (VCOP) places statutory obligations on the MPS relating to its dealings with victims of crime. Amongst many other things the Code makes requirements in relation to vulnerable or intimidated victims, referrals to the Victim Support Groups and the information that must be given to victims. Full details are contained within The Code of Practice for Victims of Crim e Ensure 'Significant Witnesses' are Identified and Dealt with Appropriately. Investigations into the following offence types may well involve 'significant witnesses.' Murder Manslaughter Road Death (where allegation of failure to stop or drivers identity is an issue ) Serious Assault (especially where there are grounds to believe victim might die) Serious Sexual Assault Kidna p Robberies where firearms are discharged and cause physical injury Attempts or Conspiracies in relation to the above offence s A full definition and guidance as to how these witnesses should be dealt with is contained in the MPS Investigative Interviewing Policy Be Aware of Provisions for the Witness Albums Display System (WADS ) Page 11 of 6 8 The use of the WADS should be considered for all victims /witnesses. Investigators must ensure that photographs are shown in accordance with PACE Code D, Annex E

12 Obtain Medical Consent Form from Victim at Earliest Opportunit y Medical evidence can only be obtained with the consent of the victim. Form 172 provides this consent and should be completed as soon as possible where medical/hospital treatment is required. 5. SUSPECTS Ensure Correct Identification Procedures Are Conducte d The identification of suspects who are 'not known' is governed by the PACE Codes of Practice. It is vitally important that the correct procedures as prescribed by PACE Code D.3.1 to D3.3 are followed. Make Arrest(s) Where grounds exist, arrests should be made in accordance with Section 24 Police and Criminal Evidence Act. Page 12 of 6 8

13 Ensure Suspect Details are Recorded on the CRI S It is important to ensure that full details of any suspects are recorded on both the SUSPECT and DETS pages of the relevant CRIS record. Where a person ceases to be a suspect they must be shown as eliminated. 6. OTHER EVIDENC E Ensure Correct Procedures are Followed Regarding Potential CCTV Evidence Police have a duty to investigate thoroughly and obtain material that is relevant to the investigation. CCTV cameras may be present at the scene and may have evidential value. This should always be investigated. Where cameras are present and recording, it should be viewed at the scene to evaluate its relevance and to check the date/time shown on the recording is correct. If you decide to retrieve a disc/tape, this should be exhibited by the person handing it to you with a statement If not practicable to view at the scene, seize it anyway - unless it is clear it can be of no evidential value whatsoever, e.g. System malfunction, scene not covered, insufficient lighting, etc. If you decide not to seize, an entry in a pocket book /CRIS/MG6/Scene log of why should be made - not just that it was not taken. If in any doubt - take it Summary Wherever practical view at the scene. Make a decision whether to seize. If not possible to do so immediately, arrange for it to be collected ASAP - and explain why. Give it an exhibit number relevant to the person you are seizing it from. Take a statement - a proforma should be available from the Borough E10. If not seizing - explain why. If you are able to account for integrity and continuity in transit - seal at the station as soon as a copy is made - with a statement. Ensure an entry is made in the Book 66 giving details of the exhibit. Think CONTINUITY and INTEGRITY of the exhibit. Page 13 of 6 8

14 . If a recording has been seized but is of no relevance - it must be retained as it may become unused material. Formats VHS is becoming rarer, but is more straightforward to handle. However, digital recordings can be in various CD/DVD formats. Recordings can also be stored on a hard drive with no po rtable data storage medium. Disks - ask for two copies from the provider - and seal one as the working copy. If only one copy is available and you are able to account for continuity in transit - it can be sealed at the station immediately a working copy is made WITH A STATEME NT. If you are unable to deal with the format, advice should be sought from your borough Evidential Images Officer (E10) or Video Images Identification and Detections Office (VIIDO ) in the first instance befor e contacting the video lab. CCTV Evidence from Buse s Where potential evidence exists from CCTV systems on buses, the following information should be recorded on the CRIS in order to facilitate the future retrieval of the evidence by the 10 : Bus route Bus fleet number Vehicle Registration Mark of bu s Bus company name Depot running from Driver details. Oyster Card details (if bus identity not known ) Consider if Allegation is a False Report of Crim e The MPS False Reporting Procedure can be found in Part 15 of this SO P Page 14 of 6 8 Ascertain and Accurately Record Details of Stolen Property on CRI S Full details of stolen property, including serial numbers where available, must be recorded in the relevant

15 sections of the CRIS PROPERTY page. This is pa rticularly impo rtant in relation to mobile telephones and their International Mobile Equipment Identity (IMEI) number. Correctly entering the IMEI number on the CRIS will enable the National Mobile Phone Crime Unit to load details of stolen phones onto the National Mobile Phone Register. This facilitates the future identification of stolen phones. Where the victim is not in possession of the IMEI number they should be asked to contact their network provider who should provide it to them. PART 3 PRIMARY INVESTIGATION OF SERIOUS VIOLENCE OFFENCES AND OTHER ASSAULTS The six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to all allegations of Assault. The following additional actions, however, must also be considered. All details must be fully recorded on the CRIS record. SERIOUS VIOLENCE OFFENCES The priorities of the police service in responding to serious violence offences are to : Improve the investigation of serious violence offence s Improve the treatment of victims of serious violence offence s Take effective action against offenders so that they can be held accountable through the criminal justice syste m 'Serious Violence' is defined as Murder Attempted Murde r Causing Grievous Bodily Harm with Intent (S18. Offences Against the Person Act 1861 ) Where the crime is linked to domestic violence, this SOP should also be read in conjunction with the Domestic Violence Standard Operating Procedures. Page 15 of 6 8 It is impo rtant that incidents of Hate Crime or Domestic Violence are recognised at the earliest oppo rtunity. The relevant flags must be shown on the CRIS repo rt (GEN Page). Fu rther information is available from the Community Safety Unit Service Delive ry Team

16 The investigation of Serious Violence offences rests with Borough Operational Command Units (BOCU) with the following exceptions : The Child Abuse Investigation Command investigate violent offences against children : Their Terms of Reference are as follows :-. Investigatio n To record and investigate all suspicions or allegations of crime that come within the scope of the term 'child abuse ' in co-operation with Local Authorities and other appropriate agencies : Intra-familial abuse (as opposed to a stranger attack) ; Intra-familial means : - within the family and extended family including Aunts ; uncles ; cousin ; siblings including step, fostered, half brother and sister, grandparents, step grandparents, step mothers or fathers and can include long term pa rtners but must be an established relationship ) Professional abuse - working in a child focused environment who abuses their paid position e.g. teachers ; spo rts coaches ; youth workers ; ministers ; caretaker of a school ; school cleaner ; prison staff Other carers - who act as a carer with some responsibility for the child at the time of the offence - e.g. babysitters ; volunta ry groups like scouting, unpaid spo rts coaches ; close personal family friends, Where the victim is an adult and the abuse occurred whilst he or she was a child under the circumstances as described in (a - c) ; Which are connected matters (offences against other children) coming to notice during enquiries by officers into (a) to (d) (e.g. where an abuser within a family has also committed similar offences against an unrelated child) ; Allegations categorised as parental abduction, outlined in the Child Abduction Act 1984 S1. To investigate intelligence led investigations allocated through the National Intelligence Model (NIM) tasking process. To investigate sudden and unexpected death in infancy of children under the age of 2 within the family. The term 'investigation' in this context includes all those matters regarded as investigations into allegations or suspicions of crime (which includes common assaults ; minor neglects and home atones etc) whether or not they attract social services interest under the Children Act, and not to investigations or assessments carried out solely by social services under section 47 Children Act Page 16 of 6 8 Homicide & Serious Crime Command SCD1 will undertake responsibility for the following investigations :

17 All murder Attempted murder where the evidence of intent is unambiguous and where a risk assessment identifies a substantive risk to life. Such cases will not be investigated by the SCD without authority of an SCD Detective Superintendent following a presentation by the Borough SIO. Borough Crime Managers should continue to inform the Homicide and Serious Crime Command of any serious assault that has the potential to become a Critical Incident requiring Holmes 2 suppo rt, or where there is a prospect that the victim may not recover from his/her injuries. SCD8 Trident / Trafalgar Operation Trident will investigate allegations of Serious Violence involving the discharge of firearms (fatal or non-fatal) involving the use of a lethal barrelled weapon or such weapon as has been conve rted to be such a lethal barrelled weapon, where the suspects and victims are both members of the black communities. Operation Trafalgar will investigate allegations of Serious Violence involving the discharge of firearms (nonfatal) involving the use of a lethal barrelled weapon or such weapon as has been converted to be such a lethal barrelled weapon in all other communities across London. Trident and Trafalgar will not be responsible for the discharge or threat of such discharge from any air weapon or blank firing weapon. Aims in the Investigation of Serious Violence offence s Primary Ai m To investigate, community. identify and assist in the prosecution of perpetrators to the satisfaction of the victim and However, where a criminal prosecution of a perpetrator is not feasible : Page 17 of 6 8 Secondary Aim

18 To identify and pursue alternative courses of action (where appropriate with or by pa rtner agencies) to ensure that victims receive a high standard of suppo rt and aftercare while utilising all appropriate means to gain intelligence concerning the perpetrator. These aims are not mutually exclusive. Where appropriate, both objectives will be pursued simultaneously. FIVE BUILDING BLOCK PRINCIPLE S The following five building block principles must be adhered to during the initial response : 1. Preservation of life 2. Preservation of scene(s ) 3. Securing of evidence (in pa rticular, forensic evidence) 4. Identifying victim(s ) 5. Identifying of suspect(s ) 1. Preserve Life (and considerations during the preservation of life stage ) Upon arrival at the scene, the medical condition of the victim must be established. If there appears to be any sign that the victim may be alive, an ambulance must be called immediately and officers must administer emergency life suppo rt techniques. There have been a number of occasions where police officers believed a victim to be deceased, only for the FME to later discover vital signs of life. Unless and until life is pronounced extinct every effort must be to seek medical attention, give emergency life support and/or transfer to hospital. Page 18 of 6 8 When administering first aid or handling bodies, officers should be aware of health hazards, for example, hepatitis B and HIV. file ://C ADocuments and Settings\c050125\Local Settings\Temporary Internet Files\OLK23D\Primary Investigation of Crime Standard /05/2010

19 Initial Scene Considerations The following should be considered by officers attending the scene initially, taking into account that, at this stage, the priority is to preserve the life of the victim, medical treatment must not in any circumstances be delayed. In particular consider the following : Gaining entry Consider your initial ent ry. Take any practical steps that you are able to, so as to preserve evidence. Your point of ent ry to premises is most likely the same entry/exit as the offenders. Look carefully before you touch anything, put on protective gloves and overshoes if the circumstances allow you to do so. - DO NOT TOUCH ANY SURFACE OR OBJECT UNLESS YOU HAVE TO - you may be obliterating the only finger mark at that scene left by the offender. If you have to touch, move or change anything such as turning on lights, make a note within the IML and bring to the attention of the SIO. Consider whether you can open doors by pushing at the bottom or top where others wouldn't normally do so. Route Try to use a route that is not the obvious route used by the offender(s). Within premises walk to the side of rooms (without touching the walls) - Look prior to taking each initial step to ensure you do not obliterate obvious evidence such as footmarks. Try to follow the wall line and not walk along the centre of a hallway or obvious pathway. Once an initial route has been established ensure other people that must enter the scene follow the same route. Particularly in respect of outdoor scenes use tape to identify the approach route. If the circumstances permit, encourage LAS crews and anyone having a need to enter the scene to put on protective overshoes - this takes seconds, will considerably reduce the forensic workload and may prevent their footwear from having to be seized at a later stage). Page 19 of 6 8. Preserve Scene(s) - (preservation of life stage)

20 Observe the exact details of the scenes, particularly the location of the victim ; Consider making use of ICEFLO or other photographic equipment to photograph the victim in-situ. In any event you ought to consider provision of a sketch or series of sketches. (However the overriding consideration is not to disturb the scene anymore than is absolutely essential to save life, therefore although this is a consideration, do not move or change anything or permit others to enter, or exit and re-enter, in order to achieve this.) If the victim is to be removed to hospital then remove them with minimum disturbance of the scene. A comprehensive and accurate note must be made by an officer who for good reason has no alternative but to move, touch or alter anything within the scene. CONSIDER CAREFULLY WHETHER IT NEEDS TO BE TOUCHED MOVED OR ALTERED BEFORE YOU DO SO. Report these facts to the investigating officer (10) at the earliest oppo rtunity ; Steps must be taken to prevent unnecessa ry access to the scene ; (even at this early stage an officer or officers not involved in the preservation of life, as far as circumstances allow, must establish early scene control : Only those people who are directly involved in the provision of life suppo rt/medical attention to the victim must be allowed to enter the scene.) Commence incident management and crime scene logs. Undertake a flash search of the scene - there might be more than one victim in need of medical attention, USE CAUTION as the offender may also still be present. Victim Clearly Deceased at Scen e For guidance in cases where the victim is clearly deceased, refer to the London Homicide Manual. Victim Moved to Hospita l When a victim is moved from the scene to the hospital, the identity of the ambulance crew and the details of the hospital, should be established and noted within the IML. Ideally, an officer should travel to the hospital with the victim to provide evidence of continuity and subsequently to co-ordinate investigative actions. If it is not possible to send an officer from the scene, at the earliest oppo rtunity an officer must attend the hospital. Page 20 of 6 8

21 PRIORITIES FOR OFFICERS ATTENDING THE HOSPITAL Seize Evidence Victim is a crime scene :-. Victim The clothing and possessions of the victim are to be seized as evidence. If not exhibits trained, an officer performing this function must consult an exhibits trained officer or the BOCU on-call senior CID officer in order that these vital exhibits are recorded and package d correctly to ensure preservation and continuity. To arrange for a pre-transfusion blood sample to be taken by the hospital. Officers should be aware that hospitals will only retain pre-transfusion blood for seven days after taking unless a request is made in writing for its retention.. Consideration should be given as to what forensic oppo rtunities might be lost during the medical procedures that are able to be recovered without hindrance to the medical team. This will require close liaison with the medical practitioner in charge and on-call BOCU senior CID officer having regard to the fact that preservation of life clearly takes precedence. Establish identity of victim(s) ;. If a victim is conscious (subject to medical advice) establish facts including details of any possible suspect(s). Obtain a basic initial statement from the victim, if they are able to give one, within the EAB.. Obtain details of family, friends and associates with whom the victim is in contact - these may be witnesses or good sources of information ;. Obtain medical advice about the prognosis of a victim's condition ; Page 21 of 6 8. Remind ambulance/paramedics re preservation of evidence ;. Make notes of your decisions, actions and observations.

22 2. Preserve Scene(s) Consider significant witness protocols - Notices 48/03 Make contact with family/friends who may arrive. Ensure the SIO or the incident manager and the control room are made aware. Dying Declarations When dealing with seriously injured persons, officers should make every effort to establish from them who was responsible for causing the injury, recording the exact words spoken or any indications made. The statement may be vital evidence and may be admissible at court as a dying declaration. For more details about dying declarations refer to the London Homicide Manual. Scene Examiners now provide 24-hour cover on all boroughs. It is impo rtant therefore that contact is made at the earliest oppo rtunity, preferably whilst police are at the scene. This will enable a Scene Examiner to either attend the scene immediately or provide advice to police on the preservation, seizure or packaging of exhibits. Adequate preservation of the crime scene(s) is of fundamental impo rtance. It is absolutely essential that scene control be established at the earliest oppo rtunity even whilst life suppo rt is being administered to the victim. Access must only be afforded to persons whose presence is necessa ry to provide life suppo rt/medical attention to the victim. Crime scene logs are to be commenced at this time and one of the cordon officers must make a note of all persons within the scene. When time allows (prior to them leaving the scene) this note must be expanded to include the names, role performing and contact details of those persons. Page 22 of 6 8 First officers ought to consider the following in relation to the scene(s) : Identify

23 Secure Protect Identify o Identification of the crime scene(s) is a priority activity. o Look beyond the obvious as the parameters of the scene are likely to extend beyond where the victim is found. Consider for example the access and egress. o Identification of routes taken by the suspect and victim is of equal impo rtance. Additionally consider the CCTV evidence along such routes. o There may be more than one crime scene. o Remember that those who enter scene(s) or come into contact with the victim(s) are themselves crime scenes (e. g. LAS, LFB, etc) - They should be advised to preserve their clothing and footwear until the BOCU or SCD SIO has been consulted. Page 23 of 6 8

24 Minimum Standards for the Primary Investigation of Crime Page 24 of 6 8

25 Negative Statements To prevent unnecessary administration the MPS will dispense with the completion, and processing, of evidentially insignificant negative statements, in particular those of POLSA and Cordon Officers. Powers to Establish and Enforce Crime Scene Cordon s The legal situation in respect of establishing and enforcing crime scene cordons is complex. Other than in respect of Terrorist offences, police currently have no power in law to cordon off and prevent access to land or premises and largely have to rely upon common law powers. These matters are currently the subject of discussion with the Home Office but until such time that legal powers exist the following guidance may assist. In the case of Ghani v. Jones (1970), Lord Denning said "The police should be able to do whatever is necessary and reasonable to preserve the evidence of the crime" This was recently restated in the case of DPP v. Morrison (2003). Most crime scene cordons are therefore established under common law and still largely rely upon the judgement in Ghani v. Jones. If the crime scene is on private land or premises police are entitled to proceed on the assumption that the owner would consent and would want to assist. In the case of DPP V Morrison, Lord Justice Kennedy and Mr Justice Hooper said that "it was their belief that consent could not lawfully be withheld which tends to be supported by Ghani V Jones. " Despite the legal complications police have a duty to investigate crime and in respect of serious assault or homicide police action in establishing a cordon in order to preserve forensic evidence clearly must not change. The Incident Manager must note within the IML : Page 25 of 6 8 o The gravity of the offence for which the area is cordoned ;

26 o The precise area cordoned ; o Reasons why it is considered to be reasonable and necessa ry to cordon the specific area ; and, o Considerations under the Human Rights Act (PLAN) in respect of the victim, the local community police actions and Powers of ent ry under section 17, Police and Criminal Evidence Act 1984 may be appropriate in certain circumstances. Consideration should also be given in ce rtain circumstances to obtaining a warrant under section 8, Police and Criminal Evidence Act However there must be no delay in establishing the cordon whilst such a warrant is obtained. In the event any unauthorised person demands ent ry to the inner cordon they should be informed that if they were permitted to cross the cordon they are extremely likely to destroy evidence in relation to a serious crime. Particular care must be taken if the person has a right of way through the cordoned area or is the owner of premises within the cordoned area. If the person's reasons for wishing to enter are reasonable there may be a way of meeting their need without them actually entering the cordon for example the crime scene manager may be able to enter and retrieve property that is not of forensic value. A supervising officer must be called to the scene at the first oppo rtunity. The on-call BOCU senior CID Officer or on-call SCD SIO is available for advice and guidance 24 hours per day. If the request is unreasonable and cannot be met and the person remains insistent, they should informed that to cross the cordon without authority and destroy evidence will be construed as a deliberate act likely to destroy evidence relating to a serious crime and therefore they will be liable to arrest. Page 26 of 6 8 In the event where an owner is seeking entry to their own premises for which police have not obtained permission from an owner, or a warrant under section 8 of the Police and Criminal Evidence Act 1984, or a person seeking to exercise their legal right of way across land, particular

27 care should be taken as in these circumstances it could be held that the cordon is not legally in place and therefore the officer cannot be acting in the execution of their duty. There may be extreme circumstances where officers consider that a person through such actions may be attempting to pervert the course of justice and thereby render themselves liable to arrest. Any case of doubt must be referred to a supervising officer preferably the current incident manager if immediately available. In any event the scene sterility MUST be maintained. Protect The first officers on scene must do all that is possible to prevent : Movement of exhibits ; Evidence being obliterated ; Additional material being added ; and Loss of evidence Further human/animal disturbance of scene. Any possible evidence at scenes from being destroyed by minimising interference. Protection, which includes tents and weatherproof covering is available to assist in scene protection. If such protection is considered to be necessa ry, or likely to be necessary, the advice of the Senior Detective on call, SCD on-call SIO or SCD Crime Scene Manager must be sought at the earliest oppo rtunity. Others destroying the scene and potential evidence (e.g. by cleaning up). Good Practice at Crime Scene(s) If the incident occurs during the hours of darkness, portable lighting should immediately be deployed to the scene to preserve evidence ; avoid touching surfaces that an offender may have touched, for example, light switches, door handles and windows ; Enter the scene by a route the offender is unlikely to have used, for example, walk near to skirting boards ; Mark the route in by use of cordon tape ; Do not alter conditions, for example, by turning off central heating, opening of windows or switching off anything unless it is to prevent loss of life or serious damage (in the event, where for good reason it is unavoidable to touch, move or alter anything within the scene, a comprehensive note must be made and the SIO personally informed at the earliest oppo rtunity Page 27 of 6 8

28 Remove any people or animals from the scene (and log their details) ; Do not switch off lights ; an d Do not use any telephone from within the scene. Special care should be taken at scenes of fatal fires to secure the scene, preserve evidence and capture details of fire service staff. The senior fire officers should be reminded that whilst fires must be extinguished, it is of utmost impo rtance that scenes and evidence are preserved. Use of scene tents available on vehicles and by request vide CCCIR. However, advice of the Crime Scene Manager, SIO or BOCU on-call senior CID officer should be sought as the erection of a tent may in itself destroy evidence. Forensic awareness should not be restricted to suspects but considered for eve ry person who may be connected to a crime investigation or crime scene. 3. Secure Evidence In the early stages of an investigation, one of the most important sources of evidence will be the identification of witnesses. Likely sources : Residents in the immediate nearby area ; Passers-by ; Tradesmen ; Family/associates of victim or suspect ; and CCTV Once potential witnesses have been identified, attending officers must record the initial description /accounts/discrepancies and details of persons at the scene, including their clothing and physical descriptions. Page 28 of 6 8 file ://C ADocuments and Settings\c050125\Local Settings\Temporary Internet Files\OLK23D\Primary Investigation of Crime Standard /05/2010

29 The decision as to whether to obtain an immediate full written statement from a victim/witness must be made according to the circumstances. Factors that will determine whether such a statement is taken include the future availability and co-operation of a victim/witness, the age of a victim/witness and the mental state of a victim/witness. A statement should be taken at the earliest opportunity if a delay in doing so may be detrimental to the quality of potential evidence offered by the victim/witness. Significant Witnesses The MPS policy on interviews with significant witnesses is set out in the Interviewing Policy Dealing with Exhibits The preservation and packaging of exhibits is covered in Part 2 of this SOP. Medication Details of medication that the victim either had in their possession or were known to take should be noted for the information of the coroner and the Forensic Science Service (FSS). Any medication found at or near the scene should be seized and retained in line with MPS policy until the investigation is concluded. 4. Identify Victi m Every effort should be made to identify the victim. Usually the initial investigation should be restricted to Page 29 of 6 8

30 questioning persons present. Do not, at this stage, be tempted to search the victim's clothing or move, search or otherwise disturb anything at the scene for identification evidence. A record should be made of clothing being worn by a victim and their physical description. If the identification of the victim is unknown a search of missing person records must be undertaken. Informing Next of Kin The important task of informing the next of kin must be undertaken with tact and sensitivity. Unless it is totally impractical to do so, a police officer in person should carry out this function. If practicable, this function should be performed by the appointed Family Liaison Officer (FLO) if applicable. Where the next of kin live in other pa rts of the United Kingdom, the local police service should be tasked to inform them. This task must not be delegated to other agencies, neighbours or other individuals. 5. Identify Suspect(s ) The identification and early arrest of suspects must always be a priority. To avoid cross contamination, officers who have not attended the scene should be tasked to effect the arrest. If this is not possible because the offender is arrested at or leaving the scene, the fact that the officer has been at the scene should be declared to investigators as soon as practicable. In certain circumstances the victim/witness should be asked to accompany police on a 'drive round ' to try and identify the suspect. It is vitally impo rtant that the correct procedures as prescribed by PACE Code D.3. 1 to D3.3 are followed. The Police and Criminal Evidence Act (PACE) Codes of Practice (Code D 3. 1) requires that a description of a suspect as first given by a potential witness MUST be recorded in a visible and legible form. This would normally be recorded in officers ' pocket book or Evidence and Action Book (EAB). In some cases the relevant CAD message may contain a record of such a description. Details of suspect(s) and/or prope rty stolen should be circulated as soon as possible. Page 30 of 6 8

31 Role of the Duty Office r Duty Officers must be informed of all repo rts of serious violence immediately. They will :. Be responsible for the supervision and management of a serious violence offence until it is formally handed over in a briefing to a detective officer. Keep crime scene locations 'open' until they have been forensically examined and a detective officer has authorised closure.. Formally handover to a detective officer face-to-face unless operational demands prevent it. Supervision of Recorded Allegations of Serious Violenc e The initial supervision requirements described within Part 1 of this SOP (supervision within 4 hours) apply however Serious Violence investigations will be subject to the following additional requirement s A first review of the investigation must be conducted between 10 hours and 18 hours of the receipt of the report. This should be conducted by a supervisory officer of at least the rank of Detective Sergeant and must be shown recorded on the CRIS 'DETS' page within 24 hours of that first report. The allegation should be brought to the attention of the Senior Detective On Call. OTHER ASSAULTS (NON SERIOUS VIOLENCE). Record Details of Injurie s A full description of the victim's injuries should be recorded in the investigating officers EAB. Page 31 of 6 8

32 Consider Photographing Victim Using ICEFLO Procedure s The early capture of evidence can be crucial to the successful outcome of an investigation. For this reason consideration should be given to obtaining photographic evidence from a victim as soon as possible. Full guidance of ICEFLO procedures are contained within Pa rt 14 of this SOP. Obtain Medical Consent Form from Victim at Earliest Opportunit y Medical evidence can only be obtained with the consent of the victim. Form 172 provides this consent and should be completed as soon as possible where medical /hospital treatment is required.. Deal Correctly With Domestic Assaults and Assaults Related To Hate Crim e Full details relating to the investigation of domestic assaults are contained in the MPS Domestic Violence Policy. The MPS Hate Crime Policy should be referred to in all cases where an assault is considered to be related to an incident of Hate Crime. INVESTIGATION OF ASSAULTS ON NATIONAL HEALTH SERVICE (NHS ) STAFF A Memorandum of Understanding (MOU) has been drawn up between the NHS Security Management Service and the Association of Chief Police Officers (ACPO) that deals, in part, with assaults and incidents that take place on NHS staff or on NHS premises. Of pa rticular relevance is the fact that the MOU provides for a Local Security Management Specialist (LSMS) to exist within each health body. The LSMS will provide a Single Point of Contact (SPOC) for police and will assist police where necessa ry in any investigations into assaults on staff. The relevant LSMS should therefore be informed of such investigations. Page 32 of 6 8

33 PART 4 PRIMARY INVESTIGATION OF ROBBERY The six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to all allegations of Robbery. The following additional actions, however, must also be considered. All details must be fully recorded on the CRIS record. Ensure Correct Identification and Classification of Robbe ry Offence 'A person is guilty of Robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person, or puts or seeks to put, any person in fear of being then and there subjected to force. " The Home Office Counting Rules (HOCR) state that :- "A crime of robbery should be recorded if there is use or threat of force in a theft from the person. For example, if the victim or a third party offers any resistance, or if anyone is assaulted in any way, then this constitutes force. Similarly, if a victim is under any impression from the offender's words or actions that the offender may use force, then this constitutes threat of force. " Correctly Distinguish Between Robbe ry and Theft Person (Snatch ) Where property is stolen from the physical possession of the victim and some degree of force is directed to the property but there is evidence that no force was transferred to the victim (e.g. a bag is snatched from the shoulder of a victim or a phone is snatched from the hand) the allegation should be classified as a Theft Person (Snatch) and not Robbery. Therefore, if a suspect quickly snatches a mobile phone from a victim's grasp without having to overcome some form of a) resistance, or b) transference of force to the victim via the property, the appropriate classification would be Theft Person (Snatch). Page 33 of 6 8

34 However, where the snatch develops beyond this point, due to the suspect having to overcome some form of even slight resistance by the victim, or the appropriate transference of force via the prope rty to the victim, the appropriate classification should be Robbe ry. In addition, any assault e.g., the suspect 's fingernail scratching the victim's neck as the phone is taken from the hand, would amount to a Robbery. A victim subjected to rifling through their pockets by an offender, or being "asked " to turn out their pockets in order to steal items, is a victim of a Robbery. Permission to a search in these circumstances brought about by fear at the time of the theft does not amount to consent. Similarly, where the actions of the suspect alone cause the victim to fear they may be subjected to force and gives up their prope rty because of that fear of force, a Robbe ry would have occurred. PART 5 PRIMARY INVESTIGATION OF BURGLARY, DISTRACTION BURGLARY AND BOGUS PROPERTY WORK BURGLARY The six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to all allegations of Burgla ry. The following additional actions, however, must also be considered. All details must be fully recorded on the CRIS record with pa rticular attention to the CRIS NEW MAIN TAB page where details of approach method, entry type and other impo rtant information is recorded. Page 34 of 6 8 In cases where primary investigations are conducted in line with 'Burglary Sole Response' procedures the

35 'expected actions ' should, where practicable, be carried out by the Scene Examiner attending. Always contact Scene Examiner Whilst Still at Scene As stated in Pa rt 1, a scene examiner should be contacted at the earliest oppo rtunity and whilst police are still at the scene. This will enable immediate advice to be given. Page 35 of 6 8 DISTRACTION BURGLARY AND BOGUS PROPERTY WORK

36 The six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to all allegations of Distraction Burgla ry. The following additional actions, however, must also be considered. All details must be fully recorded on the CRIS record. Distraction Burglary is a particularly callous crime and bogus prope rty work, which is often regarded as a civil matter, can be a fraud resulting in serious financial loss to those with little income. Both offences have a significant impact on the fear of crime amongst vulnerable people including the elderly. It should be noted that the policy of providing a forensic 'sole response' is not applicable to allegations of Distraction Burglary. A forensic examination of the scene must, however, be a high priority. Respond Appropriately to Incidents Involving Bogus Property Worker s Police will often receive complaints relating to incidents where a victim has been visited at home by persons offering to complete work on their prope rty. In some cases work will have been unde rtaken, allegedly with the victim's consent. In cases of bogus prope rty work, the price will be exto rtionately high in proportion to the work done. At face value it may appear that this type of incident is not a criminal matter and one for the victim to pursue via civil remedy. Before reaching this conclusion, however, the following should be considered : In many cases money will have been paid but no work will have actually been done. As a result, Fraud Act offence is likely to have been committed. If work has been done that does not serve the desired purpose then a Fraud Act offence may have been committed. Intelligence and research show that those involved in this type of activity are often also involved in Distraction Burglary offences. Victims who have paid for work in cash retrieved from within their homes often become repeat victims as their details are passed on to other criminal gangs. On occasions where no substantive fraud offence is apparent there will often be offences committed under Trading Standards type legislation. Two of these offences are detailed below. 1. Consumer Protection (Cancellation of Contracts Concluded Away from Business Premises) Regulations 1987 These regulations make it an offence to carry out work following an unsolicited visit or telephone call where the cost of the work exceeds 35 and where the trader has failed to serve the consumer with a notice advising them that they have the right to cancel the contract within 7 days. Page 36 of 6 8

37 2. Section 20 Consumer Protection Act It is an offence for a trader to mislead a consumer in relation to the price of goods or services. This is pa rticularly prevalent where bogus prope rty workers are concerned who will often quote a price for work and then demand a sum far in excess of the original quote. The above are criminal offences and arrests can be made under s24 PACE. However, it is recommended that where such offences are suspected, advice should be sought from the Borough Trading Standards Department. Therefore, sufficient details must be obtained from suspects for the purpose of proceeding by summons. Page 37 of 6 8

38 PART 6 PRIMARY INVESTIGATION OF AUTO-CRIME OFFENCES AND SEIZURE OF MOTOR VEHICLES BEING DRIVEN WITHOUT DRIVING LICENCE OR INSURANCE AUTO CRIME OFFENCE S The six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to all allegations of Auto-Crime offences. The following additional actions, however, must also be considered. Page 38 of 6 8

39 All details must be fully recorded on the CRIS record. Ensure Correct Removal and/or Examination of Lost or Stolen Vehicle s Lost or stolen motor vehicles must be dealt with in accordance with the MPS Standard Operating Procedures for the Recove ry, Removal, Examination, Retention and Disposal of Vehicles. SEIZURE OF MOTOR VEHICLES DRIVEN WITHOUT DRIVING LICENCE OR INSURANCE (OPERATION RECLAIM ) The Serious Organised Crime and Police Act 2005 added new Sections 165A and165b to the Road Traffic Act (RTA) 1988 which give police the power to seize a motor vehicle being driven not in accordance with a driving licence or without insurance. The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 as amended formally bring these powers into force in July The legislation sets out ce rtain conditions to be satisfied by police before a vehicle can be seized and details the procedures governing the retention and disposal of vehicles. Page 39 of 6 8 These powers will in time, have a major impact on removing a significant number of uninsured and

40 unlicensed vehicles from the roads and ultimately denying the criminals the use of the road. Power to seize The power to seize will apply if any of the following conditions is satisfied : - First condition A constable in uniform requires, under Section 164 RTA, a person to produce his licence and its counterpa rt for examination, The person fails to produce them, and The constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of Section 87(1) RTA. Second condition A constable in uniform requires, under Section 165 RTA, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of Section 143 RTA, an d The person fails to produce such evidence, and The constable has reasonable grounds for believing that the vehicle is or was being so driven. Third conditio n A constable in uniform requires, under Section 163 RTA, a person driving a motor vehicle to stop the vehicle, The person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, an d The constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of Section 87(1) or 143 RTA. Where any of the above conditions are satisfied, a constable may : -. Seize the vehicle and remove it ;. Enter any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be ; N.B. 'private dwelling house" does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.. Use reasonable force, if necessary ;. We have no power to forcibly remove the ignition keys from the driver if they refuse to hand them over the vehicle will be removed on a recovery truck. Page 40 of 6 8 file ://C ADocuments and Settings\c050125\Local Settings\Temporary Internet Files\OLK23D\Primary Investigation of Crime Standard /05/2010

41 If in plain clothes the officer Can Not seize a vehicle. There is nothing to stop them from making all the necessary enquiries and then requesting a uniformed colleague attend and seize the vehicle. The original officer must provide the evidence for the original offence the uniformed officer is responsible for completion of the seizure paperwork. Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of Section 87(1) or 143 RTA that he will seize it-. In a Section 87(1) RTA case, if the person does not produce his licence and counterpa rt immediately ; In a Section 143 RTA case, if the person does not provide him immediately with evidence that th e vehicle is not or was not being driven in contravention of that section. However, the constable is not required to give such a warning if the circumstances make it impracticable for him to do so.. If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied. Authorisation All uniformed officers in the ordina ry course of their duties can use this power, providing they have received the relevant training. There is no additional reauirement to seek authorisation before the vehicle is seized. Application/Protoco l The aim of these powers is the removal of vehicles from the road where the driver is uninsured or driving not in accordance with a licence, not as a punishment for the driver. Consideration must be given to the human rights implications of seizing a vehicle and the duty of care that may arise to persons left without alternative transpo rt facilities in pa rticular people who are vulnerable or disabled must be considered. Application of the powers must be measured and propo rtionate. Page 41 of 6 8 The legislation is intended to deal with the persistent uninsured and unlicensed driver. For the more technical offences offenders should be repo rted in the usual way.

42 Examples of technical offences are : 1. Driving a business vehicle on SDP insurance. 2. Modifying a vehicle and not informing the insurance company. 3. No L-plates (section 87 RTA 88 ) This list is by no means exhaustive. Where a technical offence is identified the vehicle may still be seized providing : 1. The driver is identified as a Prolific and Priority Offender (PPO ) 2. The officer(s) concerned are engaged on a tasking initiative where the technical offence plays a key role. 3. The vehicle has been issued with a prohibition (PG9) preventing it from being driven on the road. The power to seize a mini-cab for a technical offence i. e. Social Domestic and Pleasure insurance whilst plying for hire, is only given to C017 cabs office. This is due to C017 maintaining control of the database of persistent and high-risk offenders. Officers do not seize vehicles that are being driven by a person with the status of diplomatic immunity. The overriding principle that must be adopted is that if there is any doubt as to whether the driver does or does not have insurance or a valid driving licence the vehicle should not be seized. This does not necessarily preclude the issuing of a FPN. The power to drive vehicles into Police Pounds is only given to officers who hold the Commissioners authority to examine vehicles under S.67/69 RTA 1988 and S.7 (1) Road Traffic (Foreign Vehicles) Act Before driving the vehicles to the pound they must first have satisfied themselves that the vehicle is safe to be driven. If a vehicle is prohibited from being driven (PG9 'd) it must not, unless a variation is given be driven to the pound. Page 42 of 6 8 file ://C ADocuments and Settings\c050125\Local Settings\Temporary Internet Files\OLK23D\Primary Investigation of Crime Standard /05/2010

43 If a vehicle is driven to a pound the officer delivering the vehicle must make it quite clear to the receiving pound officer that the vehicle has been PG9'd and the type of recovery required to facilitate the vehicle's release from the pound. Serious consideration must be given before such a vehicle is driven as the vehicle will not be released, from the pound, to the general public unless it is by means of a recove ry truck. If a vehicle is to be driven to the pounds a form 955B must be completed before it is moved and handed to pound staff upon arrival. The form must be completed by the officer seizing before it arrives at the pound not once it has arrived. The reason for this is that it is an expectation that the condition of the vehicle is agreed with the driver at the time of seizure. Where a driver has no insurance or driving licence but a passenger in the same vehicle can provide valid documentation then that passenger will be permitted to move the vehicle. The offending driver should be processed for all offences in the usual manner. All strategic liaisons with the Motor Insurers Bureau must take place through MPS single point of contact, TP Operation Reclaim. Community Reassuranc e Borough Single Point of Contacts (SPOCs) will be responsible for maintaining a link with their communities and identifying any positive or negative impacts it may have on any group within that community. Seizing a vehicl e The Regulations require that a Constable on seizing a vehicle is responsible for giving a Seizure Notice (form 3708) to the driver unless the circumstances make it impracticable for them to do so. The completed notice must be given to the driver. A copy of the Seizure Notice (top copy) must also accompany the vehicle to the car pound. The officer completing the notice must fill out all relevant boxes on the seizure notice at the time. Page 43 of 6 8 Immediately a vehicle is seized it is imperative that the officer seizing ensures that a PNC ent ry relating to the vehicles seizure is completed. This should be recorded as a Police Interest Repo rt. This is to ensure that the vehicle is easily traceable.

44 Once a vehicle has been seized it must not be taken to a Police Station/Traffic Garage. It must either be driven or recovered immediately to the relevant vehicle pound. Documentation / Evidence Where a driver is unable to produce insurance or driving licence or it is unclear whether such documentation exists, the DVLA and or Motor Insurance Database (MID) must be searched before seizure. If a record is not found on the database it must not be automatically assumed that the driver does not hold correct documentation. Appropriate questioning of the driver and other investigative options must take place before seizure is considered. For example it is possible a driver may have 3 1d party cover on his policy which allows him to drive any other vehicle with the owners permission, this would not be apparent from a PNC/MIB check. As standard practice the driver should always be asked if they have insurance on any policy that allows them to drive the vehicle in question. Their response should be noted. There is also a slight delay between purchasing a policy and it appearing on the PNC (up to 7 days). Offences should be dealt with by way of fixed penalty notice or process repo rt and submitted to the Traffic Criminal Justice Unit at Marlowe House (C016) in the usual manner. Process repo rts should be considered as a last reso rt and our prima ry aim should be to issue FPN(s) for the relevant offences. It is the responsibility of the Borough SPOC to implement a robust system whereby all process reports/fpn(s) reach the Traffic CJU within 14 days of the date of issue. Removing a vehicle Page 44 of 6 8 To organise a recovery for a seized vehicle the officer needs to contact Met Call and ask for an "Operation Reclaim "recove ry. Met Call then contact Garage Desk and Garage desk assign a recove ry truck.

45 The Vehicle Removal and Examination Service (VRES) are responsible for removing all vehicles that have been seized. The seizing officer should stay with the motor vehicle pending the arrival of a vehicle removal unit. The vehicle must be secured and positioned where it does not cause obstruction or congestion. The keys/alarm and immobiliser fob of the vehicle must not be retained by the officer but handed to the driver of the removal truck against a pocket-book receipt. If there are any other keys attached to the ignition key please remove these and hand them back to the driver. The driver of the recove ry truck will be responsible for recording any damage on form 955B before removing the vehicle from the scene. See above for responsibilities if driven in by Police. The driver/registered keeper/owner must be allowed reasonable opportunity to remove and retain all personal property from the vehicle prior to removal by the authorised person. Officers must record the property that the driver removes and/or leaves in the vehicle on the reverse of the seizure notice. Officers should ask the driver/registered keeper/owner to sign the property recorded as correct. If nothing of value is left in the vehicle officers should record this fact on the reverse of the seizure notice and again ask the driver to sign it. Seizure Pro-forma Appeals against seizure If a member of the public indicates they wish to appeal against the seizure they must be informed that we can only accept appeals that are made in writing. This is to ensure a robust audit trail and quality assurance process can take place. If a member of the public wishes to make an appeal the vehicle should not be released until payment of the outstanding fees have been se ttled. Page 45 of 6 8

46 Should the appeal be successful fees will be returned in full. All appeals against the seizure of the vehicle must be sent to, VRES, 7th floor, Empress State Building, Lillie Road, Earls Court SW6 1 TR. Any appeal against the seizure must be received in writing within 14 days from the date of seizure. All appeals will be resolved within 10 working days. Operation Reclaim will deal with all appeals relating to the incorrect seizure of vehicles. All other matters relating to the seizure including damage and loss of property will be dealt with by VRES. Where appeals received by VRES appear to indicate that the appellant also wishes to complain about the conduct of a police officer, such complaints should be sent in the first instance to the DPS Customer Service Centre at Jubilee House. When the record of complaint is received by the DPS the record will be flagged in both the situation field and allegation summary field as "Vehicle Seizure" and "QQReclaim" respectively. PART 7 INVESTIGATION OF CHEQUE, PLASTIC CARD AND REMOTE BANK ACCOUNT FRAU D Changes introduced following implementation of the Fraud Act 2006 together with amendments to the Home Office Counting Rules (HOCR) mean that, in most cases, the primary investigation of cheque and credit card fraud will not routinely be carried out on borough. Financial Institutions will encourage customers (both personal and business) to report cheque, plastic card or online bank account fraud directly to them and not the police in the first instance. Fraud reported to the financial institution, should then only be reported to police if they are satisfied that there is a reasonable chance of a suspect being brought to justice through police investigation or if it is suspected that an allegation is false. Offenders detained whilst commi tting offences will be dealt with as though repo rted to police by the financial institution concerned. Page 46 of 6 8 MPS Single Point of Contact (SPOC)

47 An MPS (SPOC) will receive allegations of fraud direct from the financial institution concerned and will liaise in order to asce rtain if a potential lead exists, The crime will be allocated to the relevant borough who will complete a primary investigation as necessa ry and for a secondary investigation to be carried out. The primacy for such investigations will be established using the HOCR Fraud Venue Flowcha rt. Where financial institutions attempt to report Cheque, Plastic Card and Remote Bank Account fraud to boroughs directly they should be dealt with in accordance with NCRS rules but advised that in future they should contact the MPS SPOC directly. Account Holders Reporting to Police In First Instance Account holders attempting to repo rt cheque, plastic card or online bank account fraud offences to police in the first instance will be asked if they have been specifically told to do so by their financial institution. If they have not they will be told to contact their financial institution who will deal with the account holder. It is necessary to record a Crime Related Incident (CRI) at this point. If the report is being made to police in person at a police station the CRI should be recorded on the CRIS. If the report is being made by telephone then the CRI should be recorded on the CAD system. In either case the CAD/CRIB reference should be given to the account holder for the information of the financial institution concerned. Account Holders Referred to Police by Financial Institutio n If the financial institution wishes an account holder to repo rt the crime to the police direct, the financial institution will give the account holder a reference number to give to the police - either in the form of a letter or verbally. In this case, the account holder will be asked to report it to their local police station. A CRI must be recorded. Financial institutions will not routinely refer account holders to police but may do so if it is suspected that the allegation may be false. Care should therefore be taken when dealing with such allegations and reasons for the referral should, where possible, be established. In these circumstances the CRI should be recorded on the CRIB. If the report is being made by telephone then the matter must be referred to the TIB for investigation and the creation of a CRI on the CRI B Page 47 of 6 8 Minimum Data Standards for the Creation of CRI's

48 The National Standards for Incident Recording (NSIR) require a minimum amount of information to be recorded when registering a CRI. The information required is as follows and must be shown on the relevant CAD/CRIB repo rt. Minimum Data Requirement a) Time and date when report received, and method of repo rting, e. g. via telephone, front office, direct report to an officer or by any other means. b) Time and date when repo rt recorded c) Incident Unique Reference Numbe r d) Details of Informant (name, contact address, and telephone number) and status i.e. Victim (mayor may not be an eye witness) ; or Witness (present at some incident and able to give evidence /confirmation. Other Agency (a person representing a depa rtment or body providing a specific service e.g. a person from Social Services repo rting an incident in their official capacity). Staff on Duty Third Party (a person who falls outside of the categories above e.g. a person reporting something on behalf of a friend. Additional Data Requirement for Fraud Repo rts a) Details of financial institution concerned b) Account/Card number if know n c) Reference number from financial institution if they have referred account holder to police. Theft of Card / Chequebook and Fraudulent Usag e Where an allegation is made that a card/chequebook has been stolen and there has been subsequent fraudulent usage the theft must be investigated in the normal way and a CRIB recorded. There is no need to create a separate record for the fraudulent usage however the details must be recorded on the CRIB relating to the theft ensuring that the minimum data requirements described above are complied with. The account holder should then be referred to their financial institution who will deal with the fraud. Loss of Card / Chequebook and Fraudulent Usag e Page 48 of 6 8 Where an allegation is made that a card / chequebook has been lost and subsequently used a CRIB must be recorded for theft of the card / chequebook. This is because the usage amounts to an appropriation as

49 defined in the Theft Act and therefore, on the balance of probabilities, a crime has been committed. Details of the fraudulent usage should be recorded on the same CRIS and the account holder referred to the financial institution concerned who will deal with the fraud. Allegation of Fraud where Supplier of Goods/Se rvices is Victi m In certain circumstances the supplier of goods/services may find themselves to be the victim of cheque / plastic card fraud. This would occur, for example, where goods have been ordered, despatched and paid for by credit card and it has subsequently transpired that the card was fraudulently used. If the financial institution concerned were to, for any reason, withhold payment to the supplier then the supplier would become the victim. In these circumstances a CRIS must be recorded and an investigation carried out. Primacy for such investigations will be rest with the BOCU on which the delive ry address for the goods is situated. Suspects Presenting Stolen Cheques /Credit Cards Where a suspect is obtaining goods by false representation (as defined within the Fraud Act 2006) then police should still arrest if the arrest conditions are fulfilled. If offenders are arrested by police or police assistance is requested and the offender "is committing " or has "recently committed " at the time of the call, then the incident will be dealt with as though repo rted to police by the financial institution concerned and a crime CRIS repo rt will therefore be created. It is envisaged that a request for police assistance will normally be from a retailer where a suspect is present tendering a stolen card or cheque. If the suspect has left prior to police arrival, a CRIS entry must still be completed. Actionable Intelligence Requiring Immediate Police Respons e It is possible that members of the public will contact police with intelligence relating to fraud that requires immediate action. This may take the form of identifying addresses where goods obtained by fraud have recently been delivered. There should be reasonable grounds to suspect the goods or suspects are still present. Where such grounds exist, and immediate action is required by police to arrest offenders or preven t the loss of evidence, resources should be deployed. Where, however, a member of the public has contacted police with information outside a reasonable time frame and there are no grounds to believe that suspects or prope rty would still be at the venue then a CRI should be completed in accordance with NSIR and NCRS rules. Page 49 of 6 8

50 PART 8 PRIMARY INVESTIGATION OF MAKING OFF WITHOUT PAYMENT AT PETROL STATION S The primary investigation into allegations of Making Off Without Payment at Petrol Stations will generally be conducted by TIBs on receipt of Form 646 from the petrol retailer. Full details of this procedure can be found in the MPS Crime Management Policy and associated TIB SO P PART 9 PRIMARY INVESTIGATION OF OFFENCES RELATING TO COUNTERFEIT CURRENC Y The six key areas and associated 'expected actions' apply to investigations relating to counterfeit currenc y Identifying Counterfeit Currenc y Counterfeit currency includes both notes and coins. Genuine notes contain easily identifiable features :. Clear printing with no blurred edge s. A silver thread embedded in the paper (not painted on the surface). This should be visible as a continuous line when held up to the light and a series of dashes on the reverse when held flat.. Newer notes should feel crisp. Raised printing can be felt giving a slightly rough feel to the paper.. Watermark should be clear and visible only when held up to the light - portrait of HM Queen Elizabeth II.. New series notes have a foil hologram alternating between number on the note (e. g. 20) and a brightly coloured Britannia as the angle is changed.. Under a magnifying glass tiny writing can be seen under the Queen 's head.. Under ultra violet light a multi-coloured number (the value of the note) is visible in the lower left po rtion of the note. Seizure By Polic e When seized by police, counterfeit notes should not be marked in any way, such as writing 'COUNTERFEIT' on them. There are two reasons for this : Page 50 of If the note becomes an exhibit, there is a danger of it being ruled inadmissible, as it has been altered. file ://C ADocuments and Settings\c050125\Local Settings\Temporary Internet Files\OLK23D\Primary Investigation of Crime Standard /05/2010

51 2. Secondly, it also makes it difficult to restore currency that is found to be genuine after examination. Currency should be sealed in police evidence bags, with the attached exhibit label completed. The label must show the total amount in the bag, together with a breakdown of the individual denominations. The bag must be signed, with a clear exhibit number. Form NC01 and NC0 2 Form NC01 (Counterfeit Currency Repo rt) will generally accompany all submissions of counterfeit currency to the Serious and Organised Crime Agency (SOCA). It should be used to supply details of all police investigations, together with details of persons arrested or suspected and currency seized. Form NC02 (Counterfeit Currency Schedule) is a continuation of the NC01, and should be used where there are a number of different denomination and different serial number notes which need recording. Forms NC01 and NC02 are self-carbonating to produce four identical copies. They should be completed in black ink in neat manuscript. The top three copies (white/green/pink) go with the currency to SOCA. The yellow copy remains in the Prope rty Office in the Counterfeit Currency Repo rt Binder. The green copy (Official Receipt) will be returned to the Property Office acknowledging receipt of the currency at SOCA. The return of the green copy with a 'SOCA use only' number will indicate that the currency was in fact counterfeit. Genuine currency will be returned to the Prope rty Office with a covering letter. The green copy should be retained with the yellow copies in the above binder. Prope rty officers should ensure that submissions are made to SOCA as soon as possible and should not wait until several items have accumulated before sending. Evidence of Criminal Intent. The prima ry investigation must establish whether there is evidence of criminal intent accompanying the circumstances involving counterfeit currency. These circumstances can include the following : More than one item of counterfeit currency tendered on a single occasion by the same suspect A single suspect has uttered several items of counterfeit currency at different location s The suspicious behaviour of the person tendering the currenc y Page 51 of 6 8 Where such circumstances exist a CRIS record must be completed.

52 Suspect Present Where the suspect is still present and criminal intent is suspected, arrest under S24 Police and Criminal Evidence Act 1986 should be considered. Any arrests must be repo rted to the SOCA UK Central Office as soon as possible and in any case within 48 hours. This should be done by telephone or fax (T /8004 ; F ). The following information is required : Name of force and station ; Force PNC code ; Full details of persons involved including PNC ID no. ; Date and location of incident ; Full details of currency ; and Officer in the Case with contact number. Where a suspect is arrested the seizure of the counterfeit currency should be documented on the Custody Record and Prope rty Transit Book 105. It will then enter the jurisdiction of the Property Office, who will submit it to SOCA. Form NC01 should be completed with as much detail as possible and attached to the currency. Where a statement proving that the exhibits are counterfeit is required this should be requested on the form. Statements for the Bank of England, US Dollar and Euro notes will take approximately two weeks from receipt at SOCA. Scottish notes will take approximately five weeks. If the exhibits are required for fingerprinting this should also be indicated on the form, as well as on the exhibit bags themselves using warning tape available from Crime Scene Examiners. The actual examination has to be arranged via MPS resources and must be unde rtaken after the SOCA submission. The exhibits and statement will be sent to the officer shown on the NC01 via recorded delive ry by the Bank of England, or via SOCA for other notes. Where the suspect has left the scene, the currency should be recorded in the Book 66 as property involved in crime. Where the investigation involves the discove ry of premises used for counterfeiting, or possession of equipment, SOCA should be informed and advice sought. Details of all action taken must be entered on the CRIS record. Page 52 of 6 8 Circumstances of Innocent Possession

53 Many persons who pass counterfeit currency will be ignorant of the fact, and do so in innocence. Enquiries should be made to trace, so far as possible, the source of the counterfeit. Where the officer is satisfied there is no criminal intent on behalf of the person in possession of the currency the matter must be recorded on CRIS as a Crime Related Incident. An NC01 is still required showing when and where the currency was seized, listing the notes and providing as much detail as possible for future reference. The counterfeit currency must still be recorded in Book 66 and Book 105, so that a proper audit trail is created. The Property Office will then be responsible for submitting the currency to SOCA. Actions for Property Office r The Property Office is responsible for dealing with counterfeit currency via the usual prope rty control systems. It will enter the Property Store either on a Custody Record or Book 66. The Counterfeit Currency Report Binder will be retained in the prope rty store. Counterfeit currency will be treated as valuables and despatched on a weekly basis to SOCA. Genuine currency will be returned to the prope rty office of the Station Code shown on the NC01, via recorded delive ry. Where it is returned it should be booked in and the original officer ed to arrange restoration to the owner. PART 1 0 PRIMARY INVESTIGATION OF INCIDENTS INVOLVING FIR E A Memorandum of Understanding (MOU) between the MPS and London Fire Brigade (LFB) was drawn up in Janua ry 2003 and revised in May This MOU set the following responsibilities in relation to the attendance and investigation of incidents of fire : Police Page 53 of 6 8 Responsible for the prevention and detection of crime and reporting to the Coroner any death that results from fire. They are solely responsible for direction and control of any criminal investigations associated with a

54 non-accidental fire. Access to the post-extinction fire scene shall be at the direction and discretion of the MPS Senior Investigating Officer. Fire Brigade Responsible for fire fighting and rescue operations at the fire scene. It is impo rtant that fire officers recognise and record those phenomena which may indicate that the fire is not accidental in origin. These observations may significantly contribute to any subsequent investigation and /or court proceedings. It is, therefore, extremely impo rtant that contemporaneous notes are made as soon as possible, preferably at the scene of the fire and made available to the police. Definitions of a ' Fire ' and a 'Scene'. For the purpose of this SOP a fire is any burning, combustion or flaming which results in injury to any person or animal or damage to property. A scene is any place where a person or property is or has been on fire and includes public places and private premises. Classification of Fires. Fires may be classified into two categories, namely : Prima ry fires ; and Seconda ry fires. Primary fires are those involving : Fatalities ; Casualties ; Where the occupants have to evacuate or be rescued ; or Damage to buildings, structures and other property, e.g., vehicles, storage plant and machine ry ; Fires where significant fire service resources are used. An arrangement exists between the MPS and the LFB through which the Central Command Complex (CCC) is informed of all prima ry fires occurring within the MPS. Page 54 of 6 8 Secondary fires are those involving : Derelict buildings, buildings under demolition and chimneys ; Abandoned vehicles ; and

55 Outdoor fires involving refuse, refuse containers, grassland, gardens and fences. Priorities at the Scene of a Fire. The overriding priority at the scene of a fire is the preservation of life and the prevention of inju ry. Thereafter, priorities will be minimising the loss or damage to prope rty and where appropriate, the effective management of a crime scene. Specific Responsibilities of Duty Officers and Supervisors. The responsibilities of the Duty Officer and supervisors include : The Duty Officer must attend the scene of all prima ry fires that occur on their respective operational command unit. A supervisor must attend the scene of seconda ry fires where the cause is undetermined ; The completion of an incident log and effective scene management ; Liaising with the Senior Fire Brigade Officer (SFBO) ; Ensuring witness details are recorded ; and Ensuring that scenes of fires of undetermined origin are forensically preserved, liaison is made with the Senior Investigating Officer (SIO) and appropriate scientific support is called upon. Duty Officers or supervisors, when deciding whether to attend rubbish fires, should give due regard to the circumstances of the fire and if a decision is made not to attend then the LFB must be informed. Also, if it can be shown that forensic examination of the scene would not be of any value then the Duty Officer may decide not to request the attendance of a scene examiner. Initial Action at the Scene of a Fire. Notwithstanding the duty to save life and the needs of any investigation, police should exercise great care at the scene of a fire. Once the LFB arrive then the scene may only be accessed once it has been declared safe by the SFBO. The LFB are responsible for extinguishing the fire and the SFBO is in sole charge of this operation. It is essential that the SFBO is able to extinguish the fire and prevent fu rther harm, loss or damage before relinquishing control of the scene. Page 55 of 6 8 Whilst the SFBO remains in control of the scene, the role of the MPS is to assist the LFB by facilitating access for their vehicles and other emergency service personnel.

56 Where inju ry has been caused to any person, next of kin should be informed in an appropriate manner. Consideration must be given to arranging welfare suppo rt from a suitable local (non MPS) welfare body. Fires Involving Chemical s Police should not approach the scene of fires involving chemicals, as some chemicals can prove lethal if inhaled. The SFBO must be consulted and reference must be made to the Hazchem Card. Police should only access the scene once the LFB have declared it safe. Fatal or Potentially Fatal Fires. Such fire scenes must be attended by the Borough senior on-call CID officer (SIO). The SIO will be responsible for implementing the MPS major enqui ry procedure. The SIO and Duty Officer should liaise closely to ensure the implementation of all necessa ry scene actions are made without delay so as to minimise the loss of evidence. A Crime Scene Manager (CSM) must be contacted via the Serious Crime Directorate _ and will liaise with the borough SIO as to whether there is a requirement to attend the scene. In all cases where the cause of the fire is suspicious or undetermined the CSM will attend. If loss of life is involved, human remains must not be disturbed unless it is necessa ry to preserve life, extinguish the fire or pronounce Page 56 of 6 8

57 life extinct. If it is necessa ry to move human remains, disturbance must be kept to a minimum. Serious Non-Fatal Fires of Non-Accidental Origin. For such fires the level of investigation required will be decided by the Crime Manager / On-call Detective Inspector (if out of hours). Forensic and scientific suppo rt will, as soon as practical, attend the scene of any serious non-fatal fire repo rted to police as of non-accidental origin. Scenes must be preserved until the scene examiners and /or specialist forensic fire investigation suppo rt have completed their examination. Where due to the intensity of the fire, the scene is so severely damaged that the LFB is unable to determine the cause or spread of the fire, the police ' repo rting officer ' must inform a SIO of at least the rank of Detective Inspector. Other Non -Accidental Fires. At such fire scenes, a scene examiner must be called to attend via local arrangements. They will liaise with the LFB investigating officer and the LFB Fire Investigation Team (FIT) and ensure that the scene is forensically examined. Where necessa ry, the scene examiner will arrange for specialist forensic fire investigation suppo rt to attend the scene. The role of the LFB FIT is the investigation of the causes of fire and the effects of fire generally, including those that are of non-accidental origin. Although not responsible for crime scene examination, consideration should be given to including them when such examination is conducted. When dealing with car fires caused by arson, the scene examiner should be called to asce rtain if an examination would be appropriate. In instances where the vehicle had been used to facilitate a serious crime, e.g., armed robbery and is subsequently set on fire then the advice of the Borough Forensic Manager (BFM) or CSM should be sought with regards to arranging specialist forensic fire investigation suppo rt to attend the scene. Consideration should also be given to requesting specialist forensic fire investigation suppo rt in instances of large loss (over 250,000) fires and fires of political/public interest. Police Investigation. The six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to nonaccidental fire investigations. All details must be fully recorded on the CRIS record. The nominated police 'Investigating Officer' (10) is responsible for the conduct of any investigation into any crime suspected or identified in relation to the fire. Page 57 of 6 8 In all cases where the services of a Scene Examiner have been called, it is the responsibility of the Scene Examiner after consultation with 10 to decide whether to call specialist forensic fire investigation suppo rt. The

58 investigation should involve consultation with the SFBO and Scene Examiner. Where a crime has been committed or suspected, 10's must consider the advantages of evidence from an acknowledged expe rt. Where expert opinion is required, a forensic scientist should be consulted via a CSM, BFM or Scene Examiner. Action should also be taken to preserve the scene for subsequent examination for other forensic evidence. Thorough liaison between police scene examiners and the LFB is essential during the course of the fire investigation and should include : Informing the LFB of any relevant information required for recording purposes and any appropriate action ; The oppo rtunity for a Senior Fire Officer to pa rticipate in briefings and conferences held by the SIO with the investigating team and other invited experts, especially in the case of a major investigation ; an d A full exchange of relevant information between the police, fire brigade and other fire investigators. Investigating and Recording Fire Incidents. The Duty Officer for the OCU on which a prima ry fire has occurred will be responsible for ensuring that the fire is correctly repo rted. However, on attending the scene in person and after making an assessment of the scene, the Duty Officer may decide to delegate this task to another officer. A CRIS record must be completed in all cases where a fire is believed to be non-accidental. In seconda ry fire cases the first officer attending the scene will be responsible for investigating it. All fires will be repo rted in an Evidence & Actions Book (EAB). In all non-accidental fires, police will be provided with a LFB Liaison Form (FS/FIT/1) identifying units that a ttend the fire, times and actions. On any occasion where police have not a ttended a non-accidental fire and the LFB have left the scene, the LFB will deliver the Form FS/FIT/1 to the relevant BOCU. In these circumstances the Duty Officer must be informed and will be responsible for ensuring that the incident is investigated. Investigating officers must ensure that the results of all enquiries relating to non-accidental fires are relayed to the LFB by returning a copy of the Form FS/FIT/1 so that they can update their records. Officers Exposed to Hazardous Substance s Page 58 of 6 8 Officers exposed to a hazardous substance, whether or not inju ry is apparent, must inform their supervising officer so that the inju ry can be reported via the MetAir Reporting System

59 Packaging of Exhibits. Invariably, the exhibits originating from fires will require specialised packaging therefore officers must consult Scene Examiners immediately regarding the correct and timely packaging of the exhibits. Welfare of Officers Involve d Supervisors need to be aware that officers a ttending fires may experience trauma and should therefore consider implementing the MPS Post Incident Procedure. PART 1 1 PRIMARY INVESTIGATION OF CRIME INVOLVING FIREARM S Full details relating to the police response to incidents involving firearms can be found in the MPS Police Use Of Firearms Standing Operating Procedure. Firearms coming into the possession of police must be recorded in accordance with the Standard Operating Procedure for the Method of Recording the Seizure or Surrender of Firearm s PART 1 2 PRIMARY INVESTIGATION OF HATE CRIM E The six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to all allegations of Hate Crime. However, all such allegations will be investigated in accordance with the MPS Hate Crime Policy The MPS defines Hate Crime as ' Any incident that is perceived by the victim, or any other person, to be racist, homophobic, transphobic or due to a person 's religion, belief, gender identity or disability'. Page 59 of 6 8 PART 1 3 PRIMARY INVESTIGATION OF SEXUAL OFFENCES

60 The six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to all allegations of sexual offences. However, allegations of Rape and Serious Sexual Assault will be investigated in accordance with the MPS Policy for the Investigation of Rape and Serious Sexual Assault. PART 1 4 IMMEDIATE CAPTURE OF EVIDENCE FOR FRONT LINE OFFICERS (ICEF" The early capture of photographic evidence can be invaluable to any investigation and to this end ICEFLO cameras are available on all boroughs. Also, in some cases, the use of photographic images maybe a viable alternative to the seizure of property. Use of ICEFLO Cameras ICEFLO cameras are suitable for use for the following purposes : Photographing suspects under powers conferred by Section 64A Police and Criminal Evidence Act 1984 Photographing crime scenes, particularly where a Photographic Officer is delayed or not required. It should be noted that all Scene Examiners are photographically trained and should therefore be consulted prior to resorting to using ICEFLO at crime scenes. Initial photographing of victims of assault. This should not prevent fu rther photographs being taken by a photographic officer. Photographing Road Traffic Accidents. Photographing motor vehicles involved in crim e Photographing prope rty where this is seen as a viable alternative to seizure. (See Police and Criminal Act 1984 Codes of Practice, Code B 7.5) NB. The above list is not exhaustive. ICEFLO cameras MUST NOT be used for the following purposes : Directed Surveillance Photography relating to complaints against police (unless authorised by the Duty Officer who will be responsible for determining the appropriateness of taking an immediate photograph having regard to all relevant factors). Page 60 of 6 8 Consent Issues

61 When photographing suspects under Section 64A Police and Criminal Evidence Act 1984 the legal requirements contained within the Act must be complied with. The following principles apply to the photographing of victims : Persons Over 18 - Consent of person only. Persons Over 16 - Consent of person only unless there are learning difficulties or mental health issues in which case the consent of a person with parental /carer responsibility should be sought. Young Person Under 16 - Consent of person with parental responsibility should be sought. If this is refused the young person may be able to provide consent if they are deemed to be ' Fraser Competent' (see below). "Fraser Competency" Persons under the age of 16 are able to consent to the taking of photographs providing they are considered to be "Fraser Competent". This is defined as 'being competent to give valid consent to a particular intervention if they have sufficient understanding and intelligence to enable them to understand fully what is proposed and are capable of expressing their own wishes. ' Recording Consen t There is no requirement in law for consent to be in writing. However it is best practice to obtain written consent. This should be noted in the officer's pocketbook, EAB or within an MG11 statement. Action Following Taking of Photograph s Once a photograph has been taken the person taking the photograph should : Seal the photograph in a prope rty bag. Exhibit the photograph. Record the prope rty on either the Custody Record on in the Book 66 / Book 105 Prepare an MG11 detailing the taking, exhibiting and storage of the photograph. Inform the Investigating Officer that such a photograph has been taken. Record an entry on the relevant CRIS record if appropriate. Page 61 of 6 8 PART 1 5 FALSE REPORTING OF CRIME

62 MPS FALSE REPORTING PROCEDURE Through examination and investigation it has been found that there has been a marked increase in the number of false allegations repo rted to the police. Recording Allegation s Police officers must record all allegations of crime whether repo rted by a victim in person (in the street or at the station), over the phone, through a third pa rty reasonably assumed to be acting on behalf of the victim, or by a witness. Tactics documented in this section relate to the investigation of crime allegations, after the allegations have been recorded. Page 62 of 6 8

63 The incident must be recorded at the point of first contact with police. Generally, the alleged crime will be recorded on CRIS, but some incidents may be dealt with solely on CAD (e.g. where the informant is a witness and the victim cannot be found). In both cases, the Crime Recording Decision Making Process (CRDMP) MUST be fully documented to provide an auditable trail. The CRDMP will determine whether a crime has been committed and if so will result in a classified crime being confirmed on CRIS. This will be done at the earliest oppo rtunity and in any case within 72 hours of the incident first being logged by police. Any delay must be explained on the CRIS for audit purposes. The CRDMP will confirm the allegation as a classified crime if, on the balance of probability : 1. the circumstances as repo rted amount to a crime defined by law (the Police will determine this, based on their knowledge of the law and counting rules), AND 2. there is no credible evidence to the contrary. (NCRS General Principle 2 ) It is envisaged that fu rther investigation should not delay the CRDMP, as a victim-focused approach should be taken. 1. Page 63 of 6 8

64 Minimum Standards for the Primary Investigation of Crime Page 64 of 6 8 Accurate Reportin g All actions taken must be recorded and fully auditable. All suspected false allegation reports should be bought to the attention of a Detective Inspector who will confirm the appropriateness of the investigation and

65 classification in accordance with HOCR PART 1 6 POLICE LIAISON WITH ROYAL MAIL LETTER SECURITY (RMLS) AND OTHER PUBLIC POSTAL SERVICE S A corporate approach to dealing with matters involving the Royal Mail (and other ' public postal services ') is desirable, and from their perspective essential, as they have duties and responsibilities imposed by current Postal Services legislation, i.e. The Postal Services Act 2000, and Regulation of Investigatory Powers Act (RIPA) The RMLS Help Desk is an Internal help line and not for members of the public to repo rt the non-delivery of mail items. If members of the public wish to repo rt problems with their mail, their first point of contact should always be Royal Mail Customer Services on MPS personnel will inform the RMLS Help Desk of : Any cases where mail is systematically being stolen from letter boxes. Arrests for offences of dishonest handling or fraudulent use of moneta ry documents believed stolen when sent by post e.g. cheques.. Royal Mail employees or anyone else, arrested in circumstances that disclose offences against Royal Page 65 of 6 8