OFFICIAL - Open. Reference Number. Policy Version Date 26 May Review Date 25 May Crime and Criminal Justice

Transcription

1 Force Policy & Procedure Reference Number Police National Computer (PNC) D079 Policy Version Date 26 May 2017 Review Date 25 May 2018 Policy Ownership: Portfolio Holder: Links with other policies: Crime and Criminal Justice Department Assistant Chief Constable Crime and Criminal Justice D185 Reports on Characters & Convictions Contents: 1. Policy Statement 2. Introduction 3. Procedures and Principles of Policy 3.1 Access to Data 3.2 Updating and Cancellation of Records 3.3 Documentation Supporting PNC Entries 3.4 Security 3.5 PNC Access by Non-Police Agencies 3.6 Supply of Convictions for Non-Police Agencies 3.7 PNC Broadcast Message 3.8 PNC Descriptive Searches 3.9 Driving Licence and Insurance Details on PNC 3.10 Message Log Transaction Log Searches 3.11 Blocked Vehicle Details on PNC Record Deletion Process 4. Assessment Compliance 5. Monitoring 6. Review and Ownership

2 1. Policy Statement [FOIA - Open] 1.1 Devon and Cornwall Police aim, by working in partnership with other agencies, to bring about safer communities, reduce disorder, crime and the fear of crime and to contribute to the delivery of justice in a way which secures and maintains public confidence. The policing of Devon, Cornwall and the Isles of Scilly will focus on bringing the Police and the Community together in the fight against crime. 1.2 As part of this aim the Force is committed to the prevention and detection of crime, the protection of vulnerable communities and preserving the rights of individuals. In pursuit of these commitments an essential element of this policy is the maintenance of accurate intelligence records relating to people, vehicles and property at a national and local level. Nationally such records are stored in the Police National Computer (PNC) and, subject to appropriate authorisation, are available to police sources at every level. National policy, providing advice and guidance in the use of PNC, is contained within the PNC manual. Officers and police staff of Devon and Cornwall Police will adhere to the national policy. 2. Introduction [FOIA - Open] 2.1 The Police National Computer (PNC) is provided by the Home Office and is operated according to the principles of the Data Protection Act PNC records are divided into three categories, being Names, Vehicles and Property. A full description of all indices held on PNC is contained within the PNC Manual, supplied by the Home Office. Copies of the PNC manual are held in the Force National Computer Bureau (FNCB) and on the Force FNCB page. 2.3 All PNC transactions will be in accordance with national policy. All information used and circulated will be relevant and accurate and kept up to date. All updates are carried out by trained operators within FNCB, according to national policy contained in the PNC Manual. Updates to Arrest Summons reports on the Names Index are carried out by electronic transfer of information from UNIFI Custody or in cases of failure directly onto PNC by FNCB. 2.4 Access to PNC is via SRG link between NDI and PNC. Access is governed by the training received and role related. Advice from PNC operators in the FNCB or from the Force PNC Manager can be sought at any time. In urgent cases, enquiries can be made through Direct Connect terminals, via FNCB. Any PNC transactions carried out will include details of the enquiries, the location of the check and the reason for it. 2.5 The Assistant Chief Constable has overall responsibility for the integrity of PNC. Day to day operations are delegated to the Force PNC Manager who is the PNC Liaison Officer. All enquiries should be forwarded to Force PNC Manager in the first instance. 2.6 In the application of this policy staff are reminded of the need to comply with the standards and principles of the Code of Ethics for policing.

3 3. Procedures and Principles of Policy 3.1 Access to Data [FOIA - Open] The Force operating principles will be strictly adhered to. These can be found on Force Data Protection site under Data Protection Operating Rules Access to data held on the PNC will only be permitted for bona fide police duties. Personal or private use is strictly forbidden To ensure the use of PNC facilities is not abused, selected transactions will be monitored by random sampling throughout the Force. The monitoring will be the responsibility of the Data Protection Officer Accurate records of transactions must be made which identify the persons responsible for handling and making the request for information. Unit call signs are not acceptable. In addition the location of the check must be recorded (a log number is not sufficient) as well as the reason for the check being carried out. The facility to record this is presented to the operator each time a check is carried out PNC records are confidential and information must not be disclosed to unauthorised persons. Any abuse of the system will render an individual liable to disciplinary or statutory action Officers and Police staff who receive requests for PNC checks must satisfy themselves that they relate to a genuine police matter and that the person making the enquiry is entitled to receive the information PNC transactions will only be carried out by approved and trained operators in accordance with national policy A service level agreement has been developed between Avon & Somerset Constabulary, Devon & Cornwall Police, Dorset Police, Dyfed-Powys Police, Gloucestershire Constabulary, Gwent Police, South Wales Police and Wiltshire Constabulary to provide PNC Update access in the event of a Critical IT failure rendering PNC unusable within Force. A full copy of the agreement is held by the Force PNC Manager (FNCB) and any requests for assistance by each Force must be directed via Force PNC Managers. 3.2 Updating and cancellation of records [FOIA - Open] Cancellations and variations must be made without delay to avoid situations whereby the Force is placed in jeopardy of civil action PNC updates will only be performed if requests are received in the correct format and with appropriate authorisation Removal of PNC records via NIS, will be done in accordance with the Record Deletion Process (please follow this link to access the procedure document), which requires the removal of DNA, Fingerprints and PNC records. This has been

4 implemented alongside the Retention Guidelines; all requests should be forwarded to Force PNC Manager Any requests for Lost/Stolen reports for vehicles may be made by PNC circulation request available via FNCB Intranet site or STORM incident log. Requests for vehicle information / Action (ACT) reports may be made by PNC circulation request available via FNCB Intranet site or STORM incident log or to FNCB via Crime PNC Bureau address. They should be made as soon as possible to enable swift action to be taken in the event of the vehicle being checked/located. There must be sufficient text within the message to clearly identify the action required and the Officer in the Case (OIC). Full details of action to be taken are in FNCB working practice, available via Force Intranet on FNCB working practice page Cancellation of vehicle markers can be requested by STORM Incident Transfer or PNC Cancellation request available via FNCB Intranet site or to FNCB via Crime PNC Bureau address Stolen reports in relation to scrapped vehicles will not be cancelled from PNC unless confirmation that a vehicle has been scrapped is received. The officer dealing should ensure enquiries are made with scrap dealers to review the Certificate of Destruction issued Vehicle covert markers must only be entered with the authority of a Superintendent. All requests for vehicle covert markers must be made through FNCB whose responsibility it is to collate such requests. See section 3.12 for further details Consideration to be given to recording ACT marker on vehicle believed to be cloned. Full details of action to be taken are in FNCB working practices, contained on Force Intranet FNCB working practice page Any requests from persons to amend records in relation to the acquiring of a Gender Recognition Certificate (GRC) and in the case of a UK citizen, a new birth certificate, the request must be forwarded to FNCB, for liaison with NIS. FNCB will be responsible for PNC/UNIFI amendment to reflect details according to the Gender Recognition Certificate Any request for circulation of a person under the wanted/missing category must be made by PNC circulation request available via FNCB Intranet site and be authorised by an officer of at least rank of Sergeant When a missing person is circulated on PNC, any documentation relating to that individual should be retained by the OIC whilst the investigation is on-going. When the investigation has concluded and if the missing person remains outstanding then documentation will be attached to a form 158(a) PNC File Location Card (Green) and filed in the PNC cabinet on the authority of a Superintendent. When a person is found and PNC cancelled, the documentation should be sent to the Central File Storage Unit for filing Where the entry refers to a person wanted for a crime, the text must contain sufficient information to permit lawful arrest. The 'ARREST' power should only be

5 used if the circumstances of the case are such that the person will be collected wherever he/she is arrested. In any other case the Locate/Trace should be used with suitable explanation in the text field General updates of a person s record on PNC are carried out by automatic transfer of data from UNIFI Custody to PNC. Any changes to a person s description or addition of warning signals or information markers would normally be carried out on receipt of a completed descriptive form on arrest of an individual If an update of warning signals or descriptive information is required outside of the normal arrest procedures, this will be carried out by FNCB on receipt of a UNIFI task notification or to FNCB via Crime PNC Bureau address. The UNIFI nominal record must have a suitable intelligence entry supporting the marker Cancellation of Wanted/Missing markers must be carried out by notification to FNCB by PNC cancellation request available via FNCB Intranet site. All persons arrested or dealt with as voluntary attendees must be checked on PNC. Where any such person has a WM circulation on their record, it will be actioned by means of a 'Detained Report' in accordance with National Policy A 'Detained Report' has the effect of notifying any Force who owns a 'Wanted Report' of that persons detention and the automatic deletion of all WM reports after about one month. A 'Detained Report' will be entered by FNCB on receipt of the PNC cancellation request available via FNCB Intranet site. This should be sent as soon as possible after arrest A record containing WM reports owned entirely by Devon and Cornwall Police will be cancelled and not be subjected to a 'Detained Report' Nominals, who have a UNIFI record with intelligence on that record, will have an LX marker automatically created on PNC when data is transferred from UNIFI to PNC. The LX reference number will be the UNIFI nominal number. This is to ensure that other Forces are made aware of the existence of information held on UNIFI Any request for an LX with Intelligence or Interest markers must be made through the Force Intelligence Bureau (FIB) who will collate such requests Items of property including Firearms, Engines, Plant, Marine Craft, Animals and trailers stolen within the Force area should be entered onto PNC in accordance with national policy. It is the responsibility of the officer investigating any crime to ensure that this is done. In addition a search of PNC should be considered when any found property under these categories is recovered. Non-identifiable firearms only to be circulated on PNC in exceptional cases which would include high value weapons (antique) or where, if in the circumstances used, the severity of injury would substantiate a charge of GBH or greater Requests for property circulations/cancellations must be made by PNC Circulation/Cancellation request form available via FNCB Intranet site.

6 For advice on any other general updates to records contact should be made with FNCB, who will give advice as to the best course of action to take. 3.3 Documentation Supporting PNC entries [FOIA - Open] All PNC circulations must be supported by documentation, which can be available for reference within 20 minutes of an individual or vehicles being located anywhere in the country, 24 hours a day Documentation relating to circulations, which have been made on PNC, will be filed with the appropriate Criminal Justice Unit (CJU) within 96 hours unless authorised by a Supervising officer when this period may be extended to 14 days. Circulations without documentary evidence at this stage should be referred to the Supervising officer to action. PNC circulations will not be cancelled due to no supporting evidence; appropriate action should be taken to ensure a statement is obtained Reports of Vehicle/Plant stolen will be actioned as follows by the Force Enquiry Centre (FEC), Crime Data Input Bureau (CDIB), or Demand Reduction and Compliance Team (DRCT): i) Vehicle / Plant stolen just happened, log will be created, units dispatched and responding officer will gather evidence, statement etc and deal accordingly. ii) Vehicle / Plant stolen, historic report, FEC/CDIB/DRCT will conduct enquiries to establish if legitimate. If so crime direct, no log. VRM/details for PNC will be placed as STORM MISC log and switched to LXN for circulation on PNC. iii) If victim is considered vulnerable or is from out of force (or stolen Firearm) Desktop Resolution will obtain a telephone statement and send an unsigned copy, along with a detailed crime report, and a 100c to the PNC cabinet. DRCT will then send a copy of the MG11 to the victim and ask them to sign and return it within 14 days to the PNC Cabinet for their area. iv) If the victim comes under any other category, no statement will be obtained initially, the vehicle will be placed on PNC via the misc log and a statement will only be obtained if an offender is located. Then a unit will be tasked to obtain a statement if required. A detailed crime report will be sent to PNC cabinet in order to facilitate and interview if required. No requirement for 100c or 158 (PNC location card). v) DRCT officers to leave crime on their own workload, and PNC Cabinet will reallocate within 72 hours to PNC Cabinet hatpeg. vi) PNC Cabinet will generate all Form 158 s for filing within cabinet on receipt of daily divisional summary from FNCB. The 158 is required for PNC audit purposes and will assist with reviews. The cabinets are unable to work directly from hat pegs as crimes are re-allocated and removed from their lists without consultation For the purpose of filing the documentation, all Crime related circulations will be allocated a Unique Reference Number (URN) by FNCB. This number will be in the format EAST/000/06, where 'EAST' relates to the relevant CJU, 000 the sequential number for that CJU, and 06 the year. Individual URNs will be issued in relation to Warrant circulations. These will be issued by the Warrants Department prior to PNC circulation.

7 3.3.5 A list of new entries, amendments and cancellations on PNC will be sent daily by FNCB to all PNC Cabinets within CJU Files will be held and monitored by the CJU PNC Cabinet in accordance with Criminal Justice Department Working Practices Review / weed dates PNC Circulations PNC Cabinet Review Schedule PNC Entry Missing Person Locate / Trace Wanted Person 1 st Review (FNCB) 2 nd Review (FNCB) On receipt Immediate if High Risk or 48hrs Medium risk On receipt - On receipt - 3 rd Review (PNC Cabinet) 96 hours or 14 days if authorised 96 hours or 14 days if authorised 96 hours or 14 days if authorised Vehicles On receipt 48 hours 96 hours or 14 days if authorised Vehicle Info. / ACT Marker On receipt 24 hours 96 hours or 14 days if authorised Property On receipt - 96 hours or 14 days if authorised 4 th Review (PNC Cabinet) 5 th Review (PNC Cabinet) 6 th Review (PNC Cabinet) 6 weeks 1 year Annually 3 months 1 year - 3 months 1 year 3 year 3 months 1 year 6 year 3 months 1 year - 3 months 1 year 6 year or 10 year for Firearms 3.4 Security [FOIA - Open except paragraph 3.4.2] Data held on PNC is subject to the restrictions of the Data Protection Act. All enquiries of this data must comply with the reasons for which it is held [FOIA Closed s.31(1)(b)] Any request for information which is of a suspicious nature should be brought to the attention of a supervisor and the PNC Liaison Officer, who will also notify the Data Protection Officer Data displayed on any terminal must be kept from public view. Terminals must be logged off when not in use Access to Direct Connect Terminals will be controlled by the PNC Liaison Officer governed by the training received and role related. Individual user numbers will

8 be allocated and this number must only be used by the individual to whom it is allocated Access to PNC by Special Constables and Police Community Support Officers (PCSOs) is permitted only when that individual is on duty. 3.5 PNC access by Non-Police Agencies [FOIA Open except at paragraphs and ] Home Office Organisations Various Home Office organisations have access to information held on PNC. Full details of persons entitled to information on vehicles are held on Force Data Protection site. General advice regarding access to PNC by outside agencies is contained in the PNC Manual. More specific advice should be sought from the Force PNC Manager or the Data Protection Officer Local Authority, Environmental, Health and Department for Work and Pension (DWP) A protocol has been agreed by the Chief Constable whereby various nominated members of Local Authorities, Environment Agency and the Department for Work and Pensions (DWP) can receive information from the PNC Vehicle file Each agency concerned must have signed a form of indemnity and completed NPPV basic vetting forms. This will be maintained by the PNC Liaison Officer [FOIA closed s.31(1)(b)] Requests for PNC vehicle checks by these individuals should be routed to FNCB PNC checks will only be carried out in urgent cases where an enquiry with the Driver and Vehicle Licensing Authority (DVLA) may be likely to hinder an investigation of an offence. The normal method for local authorities to obtain information about vehicle owners is through DVLA On no account will PNC names enquiries be conducted for these persons In the case of abandoned vehicles, where local authorities are asked to remove that vehicle details should be passed to that authority at the time of request, avoiding the need for duplication of enquiries Royal Navy Provost (RNP) A protocol has been agreed to permit access to Royal Navy Provost to conduct PNC checks through their airwave, when supporting policing services within Plymouth [FOIA Closed s.31(1)(a)] PNC checks conducted by CMCU will be recorded accurately on Originator line to identify the RNP users requesting the PNC enquiry. This will be displayed in the format RN467D (Royal Navy, last 3 digits of service number and letter).

9 3.6 Supply of convictions for Non-Police Agencies [FOIA Open] The disclosure of convictions to outside agencies is governed by a number of Home Office Circulars. Force Policy D185 (Reports on Character and Convictions) provides detailed guidance on this matter together with details of the relevant Home Office Circular Where a non police agency is prosecuting an offender for a recordable offence, they can make application for previous convictions. Such an application must be in the approved format and be accompanied by a form NPA1 (A national Non- Police Agency descriptive form) FNCB will supply convictions to that agency and create an Arrest/Summons report on PNC if the offence is recordable All prosecuting agencies have completed indemnities in this respect On conviction of an offence for a recordable offence the result of case will be passed back to PNC electronically via the Bichard 7 portal. 3.7 PNC Broadcast Message [FOIA - Open] A PNC Broadcast facility enables messages and All Port Warnings to be circulated simultaneously to selected or all police forces. Authority for sending such messages is the Inspector in charge of control room Where a PNC Broadcast message requests forces to carry out specific enquiries the request must be authorised by the rank of Assistant Chief Constable The National Ports Office at New Scotland Yard will advise Forces on the extent of circulations, embarkation points etc. They must be consulted prior to sending an All Ports Warning. 3.8 PNC Descriptive Searches [FOIA - Open] PNC is capable of being used for descriptive searches on Vehicles, Nominals and Property VODS (Vehicle On Line Descriptive Searches) can be carried out by selected operators who can be identified by the 'skills' field on Myself Whether a search should or should not be carried out is the responsibility of that operator who has received specialist training in searching. Their decision will be based on the likely number of hits such a search may produce and the type of enquiry those hits will be used for Consideration will also be given to the likely impact put onto the PNC by carrying out such a search.

10 3.8.5 Some complicated searches can also be carried out by Hendon Data Centre and the results captured onto disc. Any requests for such searches should be directed through the Force PNC Manager In the event of a VODS trained operator not being available, Hendon Data Centre will carry out searches and this facility is available 24 hours a day QUEST (Query Using Extended Search Techniques) searches can be carried out by selected operators who can be identified by the skills field on Myself Whether a search should or should not be carried out is the responsibility of that operator who has received specialist training in searching. Their decision will be based on the likely number of hits such a search may produce and the type of enquiry those hits will be used for Consideration will also be given to the likely impact put onto the PNC by carrying out such a search Some complicated searches can also be carried out by Hendon Data Centre and the results captured onto disc. Any requests for such searches should be directed through the Force PNC Manager. 3.9 Driving Licence and Insurance Details on PNC [FOIA - Open except at paragraph ] #DL Driving Licence Enquiry A facility exists on PNC, accessed by the #DL code, to enable an enquiry to be made in respect of records held by the DVLA. This facility was made available to assist the Police in the investigation of Road Traffic Offences and to reduce the number of paper enquiries made to DVLA Any operator, who has received the necessary training, will have access to the facility, which is available on line Access to the data contained on the database is governed by The Motor Vehicles (Access to Driver Licensing Records) Regulations Accordingly the following reasons are the only times when the data can be accessed: a) The prevention, investigation or prosecution of a contravention of any provision of the Road Traffic Act 1988 or the Road Traffic Offenders Act b) Ascertaining whether a person has had an order made in relation to him/her under s.40b(1) or (5) of the Child Support Act 1991, or S39(1) or 40(2) of the Crime Sentences Act It must not be used as an intelligence-gathering tool Any print obtained from PNC is not sufficient for use in court proceedings. If such a print is required, it must be obtained from DVLA in the normal manner (DQ1). A facility now exists within force via Driver Validation Service (DVS) #VE Insurance Details

11 As part of the Vehicles database on PNC, a Motor Insurance database is held. The Motor Insurers Information Centre maintains the database. The database is accessed by use of various transaction codes. The #VE code should only be used when carrying out a roadside vehicle check. Any operator who has received the relevant training will have access to this code For reasons of Data Protection, enquiries of the database via the PNC are only permitted for deterring uninsured driving, including checking insurance details under regulation 10 of the Motor Vehicles (Third Party Risks) Regulations 1972, and informing insurers of the location of vehicles recovered by the Police The #VK enquiry should be used unless otherwise requested. Judgement can be used by Call Management and Communications Unit (CMCU) staff in cases of stop checks where an officer will require all information to investigate Road Traffic matters of possible offences committed, in which case use of the #VE enquiry is acceptable It is important to note that a number of enquiries made via the PNC find no record of insurance. This will in many cases relate to Fleet or Trade policies, which are not yet included, whilst others may relate to the delay between insurers issuing cover and sending details to the database The use of #VI (Access to historic Motor Insurance information) is permitted for intelligence gathering, and the investigation of crime Any discrepancies with data found should be reported to the Motor Insurers Bureau (police enquiries telephone) [Telephone number FOIA - Closed s.31(1)(a)]. Technical difficulties should be reported to the Force PNC Manager Message Log and Transaction Log Searches [FOIA - Open] Transaction log searches can be carried out by any trained PNC operator. The level of Transaction log searches is governed by specific terminals. The operator will be able to search PNC for up to a twelve month period Complicated searches of transactions, or of the Message Log should be directed to the PNC Liaison Officer whose authority is required to request Hendon Data Centre to carry out the search In certain cases, data can be captured to a disc and used in conjunction with a major enquiry either in excel or other spreadsheet format Blocked Vehicle Details on PNC [FOIA - Closed s31(1)(b)] The facility exists to block details of registered keepers from view when a vehicle enquiry is carried out. The option to block keeper details should be used where the police require the ownership of the vehicle to be concealed It should be noted that the blocking of vehicle details on line does not affect the DVLA information. To block records for police owned or police personnel vehicles

12 on these applications a notification must be sent to the DVLA, this is done by FNCB Any request to block vehicle details should be made to the Detective Superintendent, giving a comprehensive reason as to why the details should be blocked. If the request is approved, details will be sent to the Force PNC Manager, who will arrange for the record to be updated and a notification to be sent to DVLA A confidential register will be maintained by the Force PNC Manager of all blocked vehicles. All records will be reviewed annually. When the requirement for keeper details to be blocked no longer applies, the Force PNC Manager must be notified immediately so that the appropriate action can be taken in respect of both DVLA and PNC [FOIA Closed s31(1)(b)] 3.13 [FOIA Closed s31(1)(b)] 3.14 Record Deletion Process [FOIA Open] Please refer to the document NPCC Deletion of Records from National Police Systems (PNC/NDNAD/IDENT1) 4. Assessment Compliance [FOIA - Open] 4.1 This policy has been drafted and audited to comply with the principles of the Human Rights Act. Equality and diversity issues have also been considered to ensure compliance with Equality legislation and policies. In addition Data Protection, Freedom of Information, Management of Police Information and Health and Safety issues have been considered. Adherence to this policy will therefore ensure compliance with all relevant legislation and internal policies. 5. Monitoring [FOIA Open] 5.1 The ACPO Code of Practice for Data Protection establishes procedures and safeguards to promote the maintenance of good practice and compliance with the Data Protection Act. Chief Officers have a requirement to institute checks to ensure compliance with the Code and Rules. These checks are the responsibility of the Data Protection Officer and full details are on Force Data Protection site. 5.2 NPIA Hendon Data Centre, produces detailed print-outs (DAF - Daily Activity File) of current entries on PNC which are owned by this force. 5.3 DAF prints will also be forwarded to this Force, in respect of vehicles and persons in whom this force has an interest, if those records are updated by another Force. 5.4 The type of DAF prints received are governed by a matrix held on PNC which can be updated by the Force PNC Manager. Advice can be given on request.

13 5.5 Hendon Data Centre will also produce batch requests of information. Full details of types of request available are contained within the PNC Manual. 5.6 On receipt of DAF prints within FNCB, they will be sorted according to reason for print out being received and action required and sent to the relevant Commander. It is important that these DAF prints are correctly and accurately checked and actioned ensure all entries on PNC are current or otherwise cancelled. 6. Review and Ownership [FOIA - Open] 6.1 The review of the contents of this policy is the responsibility of the Commander, Crime and Criminal Justice Department. Review of the policy will be undertaken every two years.