Property & Evidence Management (Policy & Procedure)

Transcription

1 Property & Evidence Management (Policy & Procedure) Publication Scheme Y/N Department of Origin Policy Holder Author Related Information Can be published on Force Website Corporate Criminal Justice (CCJ) Ch Supt Head of CCJ Inspector CCJ Custody Working Practices Manual Firearms Make Safe Standard Operating Procedure Fireworks (Officers Guide) Forensic Science Policy Operational Policing Plan - Firearms, Ammunition or Unexploded Ordnance handed in or reported to the Police Scenes of Crime Handbook SmartWater Guidance Updating of Property on the PNC Vehicle Recovery and Retention Policy Date First Approved at BMG 22/11/06 This Version V3.0 Created 10/04/2013 Date of Next Review 10/04/2016 April 2013

2 Property & Evidence Mgt CCJ Policy Statement Merseyside Police will provide an effective property management system that ensures all property is secured appropriately, correctly identified and all movement tracked. This policy is designed to safeguard the integrity of evidence to support the prevention and detection of crime, and also to improve victim care and public confidence and satisfaction by enabling lost/stolen property to be returned to its rightful owners as efficiently as possible. Merseyside police acknowledges its legislative and common law duty to protect property and its obligation to ensure religious and cultural items are handled, stored and disposed of with appropriate sensitivity. The correct handling of property is vital to the efficiency and good reputation of Merseyside Police. It is in the interest of all staff handling property that great care is used in dealing with all matters covered by this policy, which lays down the procedures to be followed. Aims To ensure that Merseyside Police meets its legal obligations when dealing with property that comes into its possession in the course of an investigation, or as a result of being found. To ensure that Merseyside Police does not deprive others of the peaceful enjoyment of their possessions, except in the public interest and subject to the conditions provided for by law. To ensure that all Officers and Police Staff who are involved with property follow the same principles, deal with it in a corporate manner, treat people fairly and are transparent in our processes. The policy provides detailed guidance to assist Officers, and Police Staff, including EMU Administrators and confirms the processes to be followed. To ensure all property is handled, recorded and stored in a professional, safe, and timely manner To ensure retention of all property is critically reviewed To ensure proper and timely return or disposal of property Objectives To ensure all staff are aware of their personal accountability and responsibility for property To prevent the unnecessary retention of property To support the Force Excellence in Policing philosophy Status: V3.0 1 Last Update: 10/04/2013

3 Property & Evidence Mgt CCJ Outcomes Improved handling, recording, storage, return and disposal of property Improved public interface and increased public satisfaction around property issues Reduced requirement for storage space Reduced Health & Safety risks Measurement 95% of property records comply with current property procedures 95% of property stored in all stores is packaged and labelled correctly 95% of property is disposed of in accordance with procedures or is subject to a written report justifying retention Legal Basis This policy is necessary to ensure compliance with: - Sections 19 to 22 of the Police & Criminal Evidence Act 1984 Section B7 of the PACE Codes of Practice The Police (Property) Act 1897 & 1997 Home Office Circular 42/1997 New Regulations Providing for the Disposal or Retention of Property in the Possession of the Police Data Protection Act 1984 Human Rights Considerations/Articles Engaged Convention 9.18, Protocol 1, Article 1: Protection Of Property. Status: V3.0 2 Last Update: 10/04/2013

4 Property & Evidence Mgt CCJ Procedure Version History 15/11/2011 V 2.3 Amendments made to reflect recommendations arising from recent MPA audit with subsequent input by BCUs and Firearms at CJ Practitioners meeting. Changes made: Section 5.6, Paragraphs & 7.3.4, Paragraphs and /12/2011 V2.4 All old references to decommissioned policies removed. References to specific firearms/drugs procedures inserted. 10/04/2013 V3.0 Amendments made to cater for the new Force procedures utilising the Niche RMS property module and also the use of bar coding equipment. Removal of all sections relating to lost, found and crime exhibit books All reference to property staff amended to read EMU staff All reference to Property Manager amended to read Admin Manager All reference to CPO amended to read Central EMU All reference to CPO Manager amended to read Central EMU Manager Instructions on seizure of counterfeit currency have been amended in line with NCO guidance that stipulates that suspect notes should not have the word Counterfeit written on them Status: V3.0 3 Last Update: 10/04/2013

5 Property & Evidence Mgt CCJ Contents Responsibilities General Issues Packaging Property Receiving Property into Central Store Property Storage Location/Duration Property Storage (Advice) Property Movement Property Retention and Timescales Property Disposal Animals Property arising form a Sudden Death Firearms, Ammunition, Explosives, Pyrotechnics Counterfeit Currency Confiscation of Alcohol or Tobacco Products Property Marking Definitions Status: V3.0 4 Last Update: 10/04/2013

6 Property & Evidence Mgt CCJ 1. Responsibilities 1.1 Area Commanders Area Commanders are responsible for ensuring that their Area has the appropriate facilities (secure rooms equipped with appropriate storage, shelving and safes) to accept and store property safely and that safes are clearly marked with their insured contents limit. The insurance limits for a locked safe are: 3,000 (Three Thousand Pounds) for a 24/7 Staffed Enquiry Office 1,000 (One Thousand Pounds) for all other (part time) Enquiry Offices 1.2 Chief Inspector, Operations Support The Chief Inspector, Operations Support is responsible for: a) Line managing property office staff within their BCU, including training and development issues. b) Establishing and managing a performance framework and ensuring compliance with this policy. c) Ensuring that the crime and found property systems are updated in a timely manner. d) Exception reporting on any items of property not dealt with in compliance with Force policy, to the BCU Commander and Chief Superintendent, Corporate Criminal Justice who is the policy owner. e) Checking the Gun Cabinet within the BCU daily and ensuring that items are removed to the Central Firearms Repository at St Anne Street in line with this policy f) Ensuring regular Health and Safety inspections of property offices are undertaken and all resulting recommendations are actioned. 1.3 Inspectors Inspectors are responsible for officers and police staff under their command with regard to all property entering into the possession of the Police Commissioner and must ensure that: a) Items are not unnecessarily retained in the property system. b) Those necessary enquiries to trace owners are undertaken without undue delay. c) Storage of property is monitored proactively with the emphasis on disposal rather than retention. d) All correspondence regarding property (e.g. property progress enquiries from the Central Evidence management Unit (EMU)) is dealt with promptly. e) Retention is authorised (in writing) beyond current property guidelines only when lines of enquiry are being actively pursued or there is some other specific reason for continued retention f) They accountable to the Chief Inspector, Operational Support for their BCU, and they work in liaison with both local BCU Admin Managers and the Central EMU manager to ensure compliance with property procedures. g) They give written authority for the storage of a Crime Exhibit in the form of money. The occasions when it is necessary to hold it in cash format for evidence should be rare and will only undertaken where the officer in charge specifically requests it. Status: V3.0 5 Last Update: 10/04/2013

7 Property & Evidence Mgt CCJ 1.4 Police Officers / Special Constables / Police Staff and Volunteers Each individual has overall responsibility for any property they receive or seize, ensuring that: a) An accurate property record is created within Niche RMS. b) The integrity of evidence is maintained. c) It is packaged and labelled correctly to ensure: The maintenance of integrity The prevention of cross contamination Prevention of loss or damage Health and safety of anyone who may need to handle the item during transit and storage d) It is stored securely and safely and its storage location accurately reflected in Niche RMS. e) It is retained or dealt with as appropriate and in a timely manner, including appropriate disposal following court proceedings. f) Initial enquiries to trace the owner (when appropriate) are carried out in a timely manner; g) Property received into the store is subjected to examination for Smart/Water, Ultra Violet markers and any other form of marking as practicable and appropriate. h) It is returned to the owner (if known and appropriate) without undue delay. 1.5 BCU Admin Managers BCU Admin managers have specific responsibility to monitor and implement the current procedures for management of property. They also have responsibility to ensure the provision of and compliance with Health & Safety guidelines within their sphere of responsibility and where appropriate risk assessments are carried out. They are expected to work closely with their Chief Inspector, Operational Support, and Inspectors to ensure enforcement of property procedure and compliance with this policy. They must provide regular management information to their Chief Inspector, Operational Support. 1.6 All EMU Staff Each individual is responsible for: a) The safe keeping and handling of all property delivered to them. b) Maintaining accurate records of items in the Niche property system, including current location and movement of items. c) Maintaining management information. d) Returning or disposing of property in accordance with current property guidelines Property must not be disposed of by any means other than those described in the current property guideline procedures unless at the direction of, or with the express permission of, the manager, Central EMU or an officer not below the rank of Inspector Under no circumstances should property be transported to other sites via the internal mail system. Status: V3.0 6 Last Update: 10/04/2013

8 Property & Evidence Mgt CCJ 1.7 Health & Safety Officer Advisors In order to encourage and maintain best practice in relation to the receipt, storage and disposal of hazardous substances which are brought into police custody, the advisors must provide upon request by a property manager, Health and Safety guidelines for the storage and handling of potentially hazardous and heavy items in any property storage facility within their sphere of responsibility. They also have the responsibility to provide advice / guidance / assistance to local management for the conducting of Health & Safety inspections within said property storage facilities on a regular basis. 1.8 Police and Special Constabulary officers Officers do not have a right to keep or claim any property they may find or seize whilst on duty. If they find or seize property during the course of their duty they must ensure it is entered it into the Niche property system, or a Low Value Found Property Box before completion of their tour of duty However; if they are off duty and find property, they may claim the property as the finder, if the true owner is not located or does not claim it within 28 days of it being handed in to a police station. 1.9 Police Staff (other than Police Officers and Special Constables) Police Staff do not have a right to keep or claim any property that comes into their possession during the course of their duty (i.e. cannot claim property as a finder). Any property coming into their possession during a tour of duty must be booked into the Niche property system, or placed in a Low Value Found Property Box before completion of that tour of duty However; if you they are off duty and find property, they may claim the property as the finder, if the true owner is not located or does not claim it within 28 days of it being handed in to a police station Audit and Inspection The day to day auditing, and performance/compliance checking of EMU offices and property systems is the responsibility of the Chief Inspector, Operational Support. The Manager of the Central EMU maintains overall responsibility for auditing and inspecting the application of this policy Regular inspections should be undertaken at each BCU to ensure compliance and consistency with Force policy. These Inspections should form part of the Chief Officer s quarterly review As part of the quarterly inspection referred to above, the internal controls associated with Found, Crime and Lost Property books should be reviewed to ensure that: a) Controlled stationery registers are being utilised and appropriately completed. b) Controlled stationery is stored in a secure location; and c) Controlled stationery is issued in sequential order. Back to Contents Status: V3.0 7 Last Update: 10/04/2013

9 Property & Evidence Mgt CCJ 2. General Issues 2.1 Safe Security The keys to all property interim stores should be placed on the TRAKA system, with Chief Inspectors ensuring that keys are booked in and out appropriately. This will reinforce access controls, facilitate a more robust audit trail and make officers more accountable for property that is committed or removed from the interim stores. 2.2 Health And Safety BCU Area Commanders, in conjunction with, and advised by the Force Health and Safety Manager and Chief Inspector Ops Support, should arrange for formal risk assessments to be undertaken of their property storage facilities. This will demonstrate compliance with current Health and Safety legislation and provide the basis for managers to prioritise actions in order to manage potential employer liability risks, whilst ensuring the security and integrity of the property It is the responsibility of each BCU Admin Manager to ensure appropriate first aid materials and protective equipment are available for use within the environs of their EMU store It is the responsibility of each Area Admin manager to ensure day-to-day compliance with the relevant Health & Safety guidelines. They are also responsible (if necessary with the assistance of the local Health & Safety Advisor) for ensuring Health & safety Audits are conducted on a regular basis. 2.3 Recording of Property Merseyside Police records found, suspect and crime exhibit property. Entries should be made in the Force s Niche Records Management System All staff are reminded that any entry made against a living individual's name is subject to the requirements of the Data Protection Act 1998, including the requirements to ensure the entry is accurate, relevant, kept up to date and kept secure. The named individual will also be entitled to exercise their right of access to the information pertaining to them. 2.4 Religious / Cultural Items Anyone coming into the possession of any religious or cultural items should treat them with appropriate respect and if necessary seek advice from the Community Engagement Team within the Crime and Partnership Delivery Unit, regarding the handling, packaging, storage and disposal of these items. This could include holy books such as The Bible or Qur an, religious clothing or artefacts. 2.5 Animals The Clean Neighbourhoods and Environmental Act 2005 places the responsibility for all functions relating to stray dogs upon local authorities. As a result, police statutory duties in relation to stray dogs ceased on 6 th April Status: V3.0 8 Last Update: 10/04/2013

10 Property & Evidence Mgt CCJ 2.6 Sudden Death - Related Property Detailed guidance regarding this property type can be found in Section Firearms, Ammunition, Explosives, Pyrotechnics Detailed guidance regarding this property type can be found in Section Counterfeit Currency Detailed guidance regarding this property type can be found in Section Passports and Travel Documents Reference should be made to the Identity & Passport Service (IPS) Vehicles Vehicle Fleet Department handles enquiries regarding removal of vehicles from the road and recovery arrangements (see also the Vehicle Recovery and Retention Policy) Found Property Reference should be made to the Lost and Found Property Procedures Manual Crime Exhibit Recording Property submitted as a crime exhibit but with no NICHE occurrence number cannot be processed by EMU staff. Where property is submitted without being accurately and appropriately recorded on Niche RMS, the property must be returned to the relevant Chief Inspector, Ops Support who should arrange for remedial action to be taken The property must be examined for the presence of any covert markers Prisoners Property Recording Reference should be made to the Custody Working Practices Manual Lost Property Recording Reference should be made to the Lost and Found Property Procedures Manual. Back to Contents Status: V3.0 9 Last Update: 10/04/2013

11 Property & Evidence Mgt CCJ 3. Packaging Property 3.1 General Every item of property, including forensic exhibits, must be endorsed with a property number and crime number (if applicable) even when being sent to an outside agency for examination. Appropriate containers or packaging must be employed where necessary (e.g. knife tubes). If in doubt advice and guidance should be sought from the Area / Central Property Office, Area Health & Safety officer, local Crime Scene Investigation Department or / and reference made to the Forensi c Science Policy Notwithstanding the advice given at any officer packaging property must give due consideration to: a) The evidential integrity and continuity of the item b) Prevention of loss of the item or any part of it c) Prevention of damage to the item d) The use of appropriate hazard warning tape (e.g. biohazard, irritant) e) Secure packaging, including approved knife tubes and sharps boxes, to prevent interference and cross contamination f) Where an item may cause injury to anyone needing to handle the item (e.g. knives, firearms, sharps etc.) that packaging is robust and appropriate for transit and storage All property must be barcoded. The barcode label should either be stuck onto the packaging, ensuring that it does not obscure any other labels or annotations or if this is not possible, attached to a plastic cable tie that can be secured to the item When multiple exhibits have been recovered for the same investigation then once packaged securely they should be grouped in open bags for ease of transit and processing. 3.2 Crime Exhibits / Suspect Property Where property is placed into a tamper-proof evident bag, a barcode label must still be affixed. The description of property on the label must be exactly as recorded on the evidence bag A Niche RMS bar code label must be fixed to the packaging in such a way as not to obscure the descriptive details recorded on a tamper-proof evidence bag If paper documents are required for indented handwriting enhancement the officer in charge must ensure that any notes added to the evidence bag are not written over the document and hence add more indented writing Ensure such property is recorded on Niche and stored in an approved Interim EMU store (if necessary in a safe or locked cabinet) before the end of your duty. Care should be taken to ensure continuity of evidence. 3.3 Computers, Electronic Organisers, etc It is important that the data on any computer, electronic organiser or other digital recording item is not damaged, deleted or otherwise compromised. This can occur simply by examining the computer files stored on the equipment. Every action during such an examination will be recorded on the hard drive and may delete vital evidence. Status: V Last Update: 10/04/2013

12 Property & Evidence Mgt CCJ Anyone you seizing computers, electronic organisers or any other digital recording item should seek advice from the Hi Tech Crime Unit, FCOU. Back to Contents 4. Receiving Property into Area / Central Store 4.1 Insurance limits for a locked safe are: 3,000 (Three Thousand Pounds) for a 24/7 Staffed Enquiry Office 1,000 (One Thousand Pounds) for all other (part time) Enquiry Offices 4.2 On receipt of found property such as cash and/or potentially valuable items entering into the possession of the Police Commissioner; such property, after being counted/verified by the finder, must be immediately transferred into secure, transparent bags before committal to an interim EMU store safe. In addition, the serial number of the secure bag should be noted within the Niche RMS record. The property description should be recorded in full; narratives such as cash money and quantity should be avoided wherever possible and where such descriptions are necessary the reason should be noted (e.g. Proceeds of Crime Act Seizure). 4.3 It may be appropriate to secure the cash and valuables contents of a purse or wallet separately from the actual purse or wallet. However, where property is packaged separately all subsequent transit movements should be made together until receipt at the Central EMU. 4.4 EMU staff will refuse to accept any property if: a) The property does not have a completed Niche bar code label attached b) If section applies c) The property does not match the record on the Force property recording system d) Any other necessary documentation or tag is missing, for example the made safe tag on a firearm 4.5 If any EMU staff refuses to accept property they are to notify the Chief Inspector, Ops Support of the relevant area giving them details of the property and the reason for refusal. 4.7 Upon entering the EMU store the property must, if possible and without interfering with the integrity of any packaging, be examined for the presence of any overt or covert markers unless declared already examined. In such cases it will be deemed good practice to repeat the examination. 4.8 All movement of property from one location to another must be recorded accurately within Niche RMS. 4.9 On receipt of property, both Couriers and the EMU staff receiving the property must reconcile items to Niche RMS. This will ensure consistency within the property transfer process, strengthen controls in terms of officer accountability and enable potential discrepancies to be identified and investigated at an early stage. Status: V Last Update: 10/04/2013

13 Property & Evidence Mgt CCJ 4.9 When property is transferred between EMU stores the receiving EMU officer will check the items against Niche RMS. If there are signs of tampering or discrepancy (to include items missing or torn or open bags), the receiving EMU officer may refuse to accept the property and in all cases will notify their immediate supervisor or duty Inspector The entries on Niche RMS will be matched to the relevant item and the receiving EMU officer will ensure the property records are updated to show the current location of the property The property will be placed in the store and its location (shelf / rack number etc) recorded within Niche RMS. Back to Contents 5. Property Storage Location / Duration 5.1 BCUs are responsible for the immediate storage of property entering their custody. The use of the Central EMU store (St Anne Street) as a facility for immediate storage should only be considered for the following categories: a) Firearms / Ammunition b) Drugs c) High value items d) Cash seizures suspected to exceed 3, e) Items with special storage requirements f) Crime Exhibits (Liverpool Courts only) 5.2 Found property Found property (other than specified exceptions see section 5.4) should initially be retained in the local Area EMU store to allow enquiries to trace the owner to be undertaken. If the owner has not claimed the property after 28 days and the finder did not express a wish to claim it when it was originally handed in, arrangements should be made for the item to be transferred to the Central Property EMU for disposal. 5.3 Crime Exhibits Crime Exhibits will generally be stored in the property store nearest in proximity to the court where they are likely to need producing. Once the immediate requirement (i.e. court proceedings) has passed but where its continued retention is required, the property should be transferred to the Central EMU Storage of chemically or Biohazard contaminated exhibits to be dried and made safe in the Forensic Drying Cabinets sited in all BCU's. 5.4 Exceptions Found pedal cycles should be stored for 28 days at the Area EMU store into which they were first lodged. After that they will be transferred to the Central EMU for disposal. Status: V Last Update: 10/04/2013

14 Property & Evidence Mgt CCJ Cash must be transferred as soon as practicable (and not more than 2 working days after coming into possession of the Police) to the Central EMU Firearms, once made safe and red tagged, must be transferred as soon as practicable to the Central EMU Local Clearing House by ARV officers Any medication recovered from the scene of a sudden death (not required for legal proceedings) should be forwarded to the Central EMU as soon as practicable Items that present a storage issue due to either value or size should be the subject of negotiation with the Records & Property Manager. 5.5 Money The approach to the storage of money is to reduce to a minimum the amounts held physically within the property system. Money must not be stored in cash format unnecessarily The insurance cash limit for each safe must be clearly marked on the front of each safe. Insurance limits for a locked safe are: 3,000 (Three Thousand Pounds) for a 24/7 Staffed Enquiry Office 1,000 (One Thousand Pounds) for all other (part time) Enquiry Offices Money must ALWAYS be stored in a safe. Cognisance must always be made regarding the insured limit of the safe employed for this purpose. Exceeding insured limits must not occur except in exceptional circumstances and with the written approval of an officer not less than Inspector rank All money entering the property system should be sent without undue delay (maximum two working days) to the Central EMU. Area safes should only be used as an interim measure Unless there are reasons to the contrary (5.5.6 and 5.5.7) the Central EMU should pay all money received into the Central EMU bank account as soon as practicable after receipt If the money is a Crime Exhibit the occasions when it is necessary to hold it in cash format for evidence should be rare and should only be undertaken where the officer in charge specifically requests it and has the signed authority of an officer of not less than Inspector rank If money is being held in cash form, the Records & Property Manager must ensure the circumstances surrounding it are reviewed no later than six months after the money entered the property system. Reviews should then continue to be undertaken at regular periods appropriate to the circumstances as determined by the Records & Property Manager. Status: V Last Update: 10/04/2013

15 Property & Evidence Mgt CCJ 5.6 Drugs All items of controlled drugs recorded as found property, once recorded on Niche RMS should be transferred to the Central EMU at the earliest opportunity for destruction As with other items of crime property, once the need to retain the item locally for court purposes has ended, the drug should be transferred to the Central EMU for destruction At all times, Niche RMS should accurately record the current status and location of each item of drug property. All movement of drugs from one location to another must be fully recorded on Niche and electronically signed by all those involved in the process. 6. Property Storage (Advice) 6.1 Hazardous Substances Back to Contents Hazardous substances are defined as any material that poses a threat to public health and / or the environment. Typically, hazardous substances are materials that are toxic, corrosive, ignitable, explosive or chemically reactive. For the purposes of these guidelines they also include heavy items Merseyside Police must ensure hazardous substances are managed safely to ensure the risks to persons who may come into contact with them are reduced to as low as reasonably practicable If property is believed to be a harmful substance and is deemed to be found property with no suspicion that it may be required as evidence of an offence then consideration should be given to contacting the Local Environmental Health Department as they have a duty (under the Public Health Act) to examine and dispose of found hazardous substances. If this approach is undertaken then all action should be recorded within the associated STORM log and the property should not be booked in as per found property procedures. The STORM log should record the fact that the substance was immediate disposed of by the Local Environmental Health Department. Note that the Local Environmental Health Department will only deal with property in the streets. Once an item has been brought onto Police Premises it becomes a responsibility of the Police to safely dispose of the item. Accordingly, consideration must be given to requesting that the Local Environmental Health Department attend the scene of any recovery In order to encourage and maintain best practice in relation to the receipt, storage and disposal of hazardous substances which are brought into the property system, the local Admin Manager, or Central EMU manager, in consultation with local Force Health & Safety Advisor must ensure clear guidelines are provided to EMU staff for the storage, handling and disposal of potentially hazardous items The officer in charge has responsibility for ensuring the property is clearly labelled with the name of the substance and is sufficiently packaged to prevent any escape if it is believed they may be hazardous and require storage prior to disposal. In respect of substances recovered from any suspected Chemical, Biological, Radiological, Nuclear attack (CBRN), they will not be taken to police premises without the prior authority of the CBRN Silver Commander. If a CBRN incident is resolved without the need to appoint a Silver Commander, then the permission of an officer not below the rank of Inspector must be sought. Status: V Last Update: 10/04/2013

16 Property & Evidence Mgt CCJ 6.2 General Advice Store hazardous substances in appropriate approved locations. Do not store substances, especially liquids, above average chest height or where doors, trolleys, etc. can strike them. Ensure you work carefully to avoid spills, splashes and contamination of the working environment. After handling containers personnel must wash their hands and not eat or drink in the vicinity of where hazardous material is stored. Hazardous substances must be disposed of safely and responsibly to prevent injury / contamination to those individuals undertaking the disposal, to other persons in the workplace and to the public. When cleared following forensic examination etc materials contaminated by biohazardous liquids such as blood and other body fluids may be made safe by using bactericidal/viricidal spray (E.G. Trigene or Response Spray"). The sprays and spill kits should be available to all EMU staff. Always seek advice from your local Force Health & Safety Officer on the correct procedures for disposing of such material. In many cases, disposal down the sink or drain will be inappropriate. 6.3 Alcohol, Foodstuffs including Perishable Goods Do not expose them to temperature extremes - especially tinned goods. Store any alcohol safely Perishable foodstuffs will not normally be kept in the EMU. The police officer in the case must return them to the owner or finder or have them destroyed. If perishable goods have to be kept, they will be stored in an airtight container. An inspector can authorise the immediate disposal of such goods if a finder does not wish to keep them If foodstuffs are required for DNA (Deoxyribonucleic Acid) testing please refer to the policy on Use of Forensic Science See Section 14 for advice on disposal of confiscated alcohol and tobacco. 6.4 Accelerants and fuels Accelerant must only be stored in containers designed for that purpose. Where the accelerant is being stored for the purposes of a sample to match traces found on a suspects clothing, etc. consideration should be given to storing only sufficient accelerant for that purpose. In these cases advice should first be sought from both the officer in charge and the Crime Scene Investigation Unit Accelerant containers are required to be booked into the EMU store in the normal way; however, they should be stored outside because of the health and safety risk. If in doubt the Area Health, Safety and Wellbeing Coordinator should be consulted Where cans of fuel are found they are not to be booked into the EMU. Such fuel can be disposed of via the nearest Force workshop that has the facility to store and dispose of contaminated fuel. The empty, vented container can then be booked into the property system, but due to the inherent flammability dangers it may be appropriate to immediately dispose of it. Status: V Last Update: 10/04/2013

17 Property & Evidence Mgt CCJ 6.5 Cash cabinets Some cash cabinets are primed with exploding dyes and timer switches. If this is suspected then they must be treated as a fire / bomb hazard The cash cabinet is required to be booked into the EMU store in the normal way. However, if suspected to be a hazard it must be clearly marked to identify the suspected hazard and stored securely (with due regard to its believed / suspected cash contents) in a safe location until deactivated. Advice should be sought from the loser (if known), the manufacturer or the cash transit agency for advice upon how to make it safe / deactivate it. If believed dangerous then consideration must be given to treating it as an explosive device (see appendix 12). 6.6 Forensic items Guidance should be obtained from the Forensic Science Policy. 6.7 Items where it is believed DNA material may be recovered Guidance should be obtained from the Forensic Science Policy. Back to Contents Status: V Last Update: 10/04/2013

18 Property & Evidence Mgt CCJ 7. Property Movement 7.1 Temporary Removal of Property (other than transit to another EMU store) Any movement of crime property from an EMU store must be recorded on Niche RMS, with details and electronic signature of the person removing it, reason and date The person taking possession of the property must always electronically sign the Niche entry as an audit trail and for continuity. The reason for handling the property must also be recorded (e.g. chemical fingerprint enhancement taken to ) When the property is returned to the EMU store, Niche should be updated by the returning officer and electronically signed for return. The reason for continued retention should also be recorded. 7.2 Crime Exhibit Property Production for Court Police officers must always notify the relevant EMU at least two working days in advance if they require crime exhibit property for court. The actual notice provided should be supplied taking into consideration the location where the property is stored, volume of property required and necessary security and transportation arrangements The Officer removing property from the EMU store, whether for further investigation or production at court, is responsible for returning the property to an official EMU store. 7.3 Drugs If there is a need to remove an item from a secure drug storage area in the EMU store, other than for destruction; the following procedure will be used: a) Before any property is released, both parties will visually check the item without physically touching it. b) If the item is correct, the person requiring its release from storage must electronically sign for it. They are then responsible for its safety until it is returned to the EMU store. c) The EMU officer is responsible for ensuring the property record(s) are updated within Niche RMS The EMU officer will examine a returned item in the presence of whoever has returned it. If everything is in order, the EMU officer will put it in a secure drug storage area. If any discrepancies are found the EMU Manager / duty Inspector must be informed without delay The movement of any found and crime drugs from one EMU store to another, must be fully recorded within Niche RMS and electronically signed by all those involved in the process. Local and central EMU staff are responsible for ensuring that the current location and status of every item of drug property is accurate and up to date within Niche The Central EMU Manager should ensure that the drugs disposed of are correctly recorded on Niche and in a timely manner. Status: V Last Update: 10/04/2013

19 Property & Evidence Mgt CCJ 7.4 Drugs - Submission for Forensic Analysis Guidance should be obtained from the Forensic Science Policy 7.5 Examination by Outside Agencies Problems have arisen where officers have sent forensic exhibits for examination to agencies outside the Merseyside Police without first being entered into the property system. Consequently, when the exhibit is returned to this Force difficulty is experienced in tracing its origin The officer in charge must ensure every forensic exhibit has an accompanying crime exhibit label which must be endorsed with the relevant Niche occurrence number AND that every item has a Niche RMS bar code label attached to it containing the relevant tag and occurrence number The officer taking possession of an item of property must ensure the Niche property record is updated indicating where the exhibit has been sent. Back to Contents 8. Property Retention And Timescales 8.1 Found Property As a general principal found property will be disposed of one month and two weeks after entering the property system The Records & Property Manager must be satisfied that all reasonable enquiries to trace the owner has been undertaken prior to disposal by any means other than returned to owner. 8.2 Crime Exhibit Property Crime Exhibits will be disposed of when there is no further practical or legal requirement for their retention. Notice must be taken of Section 5 of the Codes of Practice to the Criminal Procedure and Investigations Act 1996, which provides guidance on retention periods (e.g. retain all case material for at least six months after conviction and, if a custodial sentence is imposed, for the length of that sentence) The officer in charge must ensure the EMU holding the crime exhibit is notified when the case for which it is being retained is either concluded or discontinued and provide the EMU officer with details as to any further required retention period If a crime exhibit is no longer required for court but is still subject to a period of retention it should be transferred to the Area EMU as appropriate, clearly marked with its disposal date. Status: V Last Update: 10/04/2013

20 Property & Evidence Mgt CCJ 8.3 Sudden Death Property - Medication Medication recovered from a reported sudden death must be retained until at least the conclusion of any inquest proceedings and authority to dispose has been received from the officer in charge of the case (the Coroner s Officer). Back to Contents 9. Property Disposal 9.1 Disposal of property must be carried out in accordance with the Police Property Act 1897 (amended 1997) and Police Property Regulations The decision as to which approved disposal method (see section 9.10) is used for an item is delegated to the Central EMU manager The owner of any lost property may reclaim possession of it (or the proceeds of its sale) at any time. This applies to both property in police custody and that retained by the finder. However, the Force will only retain records of the sale or disposal for 7 years in accordance with Financial Regulations. 9.3 All proceeds from the sale or disposal of property are paid into the Police Property Act Fund for distribution to local community groups or charitable causes by the Police & Crime Commissioner. 9.4 Police (Property) Act 1897 and Police (Property) Regulations The Police (Property) Act 1997 came into force on the 17th May It amends the Police (Property) Act 1897, introducing changes such as allowing the police authority to retain unclaimed property that previously had to be disposed of - to be used for police purposes The Police (Disposal of Property) Regulations have been replaced by the Police (Property) Regulations These set out the procedure to be followed for any unclaimed property. 9.5 Disposal - in pursuant to the Acts Where property has come into the possession of Merseyside Police in connection with their investigation of a suspected offence, it can be disposed of pursuant to the above legislation. In order to assess whether the Police (Property) Act procedure is appropriate, first consider: a) Are there two or more claimants? If so seek advice from the Force Solicitors Office. b) If there is only one claimant, can they prove that they are the true owner? c) Is the claimant the true owner of the property, (not merely the person who has possessory title)? If unable to determine ownership it will be necessary to issue a Police (Property) Act application for disposal of the property. Status: V Last Update: 10/04/2013

21 Property & Evidence Mgt CCJ 9.6 Disposal - Exception to in pursuant to the Acts S.2 (2) & (3) of the act allow for the disposal of property at any time in cases where the property is a perishable article or its custody involves unreasonable expense or inconvenience. Proceeds from sale may be applied to the expenses of executing the regulations, and the police shall retain any remainder for a period of one year. 9.7 Application for Disposal / Destruction If an application is made under this Act for an order of disposal or destruction of property, this Force will retain such items: a) Pending any hearing at the magistrates court; and b) For a further six months after an order has been granted, to allow sufficient time for any appeal to be lodged pursuant to the Act The property should be deposited in a suitable EMU store, or in the case of vehicles utilise current policy and procedure on the removal and storage of vehicles Any letters requesting property be returned to the owner must be forwarded to officer in charge of the property concerned For advice in relation to any Police (Property) Act matter Force Solicitors Office should be contacted Formal authority to dispose of the property must be received before undertaking disposal / destruction, to prevent the Force being left open to civil claims in respect of conversion and trespass to property. 9.8 Forfeiture Orders The officer in charge should authorise the EMU officer to dispose of items, which are subject to a forfeiture order or similar. If you are given the forfeiture order at court, you must pass it to the EMU where the property is held If case material is subject to a court forfeiture order or similar, the order takes priority over the Criminal Procedure and Investigations Act, 1996 requirement for material to be retained by the police The officer in charge must ensure the forfeiture order is placed in the relevant copy prosecution file and that the file is retained for: a) Two years, or b) The length of the sentence whichever is the longer. 9.9 Instant Caution, Reprimand or Final Warning Where an offender receives an instant caution, reprimand or final warning and property has been seized, if possible the officer should obtain a disclaimer for the property in the form of a signed entry within your pocket notebook. The property record should be marked to that effect if the offender relinquishes ownership. Status: V Last Update: 10/04/2013

22 Property & Evidence Mgt CCJ If any property seized, as part of the enquiry is not returned or disposed of immediately after caution, reprimand or final warning enter it into the property system but clearly endorse the property record with reasons for retention The EMU officer must mark the property record instant caution, reprimand or final warning Methods of Disposal Where (for what ever reason) property has not been returned to its owner it will be disposed off via the Central EMU. The approved methods of disposal are by: a) Auction b) Destruction c) Sale for scrap value d) Deemed worthless e) Charitable donation f) Kept for use by this Force 9.11 Property for Auction The Records & Property Manager will send items for disposal by auction to an approved auction house. At the Central EMU manager s discretion property may be allowed to accumulate to make up a consignment for auction, or it may be disposed of at any time after the period of retention as defined within these guidelines The Records & Property Manager will ensure in conjunction with the auctioneers that police property auctions are advertised in such a manner that no sections of the community are excluded. Advice should be sought from the Community Engagement Unit Sending items for auction will transfer any perceived risk (e.g. pedal cycles, electrical goods etc) Property for Destruction Unless with a clear reason to the contrary destroy any property such as: a) Alcohol (see section 9.9.3) b) Car radio parts c) Two way radios d) Scanners, if misuse is likely e) Baseball bats f) Knives g) Items whose retention is not in the public interest h) Any item adapted / designed for use in crime 9.13 Property for sale as scrap Property of scrap value will be disposed of via the Central EMU. Status: V Last Update: 10/04/2013

23 Property & Evidence Mgt CCJ 9.14 Worthless property Property deemed worthless will be disposed of by the Central EMU. The Records & Property Manager will ensure any property deemed worthless is rendered unsuitable for use before disposal Charitable donation Under Police (Property) Regulations 1997, the Chief Constable (authority delegated to the Central EMU manager) may allow items to be disposed of by way of donation to a registered charity or a community cause (if deemed so by the Chief Constable or their nominated representative) Any items (e.g. pedal cycles, electrical equipment) which could render Merseyside Police liable to criminal proceedings under consumer protection legislation if someone suffers injury because of a defect in the item will not be donated unless the charity / community venture is a bona fide repairer Suitable items of property may be donated to a charitable cause or community venture after approval by the Records & Property Manager (on behalf of the Chief Constable). Approval is subject to the following conditions being met: a) The property may now be disposed off under current property guidelines. b) The recipient body is a bona fide charitable or community organisation and the request is sincere and not for a commercial motive. c) Merseyside Police Authority can justify disposal by showing that the benefit (i.e. opportunity cost) from disposal of the item exceeds the money it would raise if auctioned and the money received was applied through existing charitable channels When disposing of property to a charitable cause, the representative of that charity taking ownership must sign a receipt for the property Disposal of Firearms This must be undertaken by the Firearms Examiner (see section 12.9) Disposal of Mobile Telephones The disposal of mobile phones must be undertaken by the Central EMU Mobile telephones may contain personal data e.g. names, telephone numbers, etc. The Merseyside Police has a duty under data protection legislation to prevent unauthorised disclosure of this information when disposing of a found or suspect mobile telephone. Therefore, when arrangements are made to dispose of or retain for use mobile telephones, Merseyside Police must take reasonable steps to ensure that all personal data is protected and that the telephone is disposed of or used in a secure manner The following methods of dealing with mobile telephones are available: Status: V Last Update: 10/04/2013

24 Property & Evidence Mgt CCJ a) Disposal arrangements should be made for the mobile telephone to be recycled. The sim card must first be removed and destroyed and any information stored in the phone deleted beyond recovery. b) Use for police purposes (see section 9.22) e.g. informants or vulnerable witnesses. The sim card must first removed and destroyed and any information stored in the phone deleted beyond recovery. When a mobile telephone is reclaimed from an informant or vulnerable witness and is to be used again for a similar purpose the procedure for removing the data / memory must be repeated Computers and other data storage devices Except where being returned to an owner any item capable of holding personal data is to be disposed of via a reputable firm and certification of the destruction of any data/hard drive obtained Official Documents Where possible, recorded delivery should be used to return any official documents to the relevant authority where owners cannot be traced Such documents include: a) Passports b) Birth certificates c) Death certificates d) Bankbooks; and e) Social security documents Disposal of property chemically treated for fingerprints Guidance should be obtained from the Forensic Science Policy Drugs The Records & Property Manager should arrange destruction of drugs stored within the property system when authorised by either these guidelines or Court order or when notified to do so by the officer in charge of the case When destruction of drugs is to occur the Records & Property Manager will request an officer not below the rank of Inspector from an Area with no involvement in the seizure, investigation or storage of the drug(s), to act as an independent observer of the destruction. See the Auditing Drugs Prepared for Incineration procedure When the designated independent observer is satisfied the items authorised for destruction are correct, they should accompany them to authorised premises and witness their destruction. See Disposal of Drugs procedure. Status: V Last Update: 10/04/2013