Drugs: evidence, testing and valuation Policy

Transcription

1 Drugs: evidence, testing and valuation Policy Policy summary West Yorkshire Police complies with Authorised Professional Practice (APP) which contains information to assist policing, and has established a local policy procedure to provide clear standards and guidelines. The Force has a duty to ensure drug related substances are subject of a recognised test prior to charge and has established a procedure concerning the evidential requirements and processes relating to drugs offences and the requirements for initial submission of case files. Aim The aim of the policy is to explain: which substances can be tested using EDIT; which substances must be tested out of force; when to charge; and why valuation statements are prepared. Scope All officers and police staff. Compliance Home Office circular 015/2012 APP Intelligence Management Chapter 1 Principles Key witness statement form Evidence, including evidence that the substance we are dealing with is or is strongly suspected to be a controlled drug, has to be included in the key witness statement. Standards of evidence The accepted standard of evidence to prove that a substance is a controlled drug varies depending on the: substance; offence charged; and anticipated plea. The rule is, investigate first, charge later, i.e. all substances must be subject of a recognised test prior to charge.

2 Chapter 2 Substances that can be tested in Force using EDIT General rule Generally, all drug related seizures must be sent to the Forensic Science Providers for examination. However, drug-testing kits can be used to test for certain seized drugs. For substances which must be tested out of Force see chapter three. EDIT The Force has adopted EDIT, which: allows trained staff to test for certain drugs in a controlled environment at a police station; removes the need to make submissions for forensic analysis; and enables a decision as to disposal, while the detainee is still in custody. The EDIT test must be: conducted within a controlled environment in a police station; overseen by the custody officer; and carried out prior to interview. Types of substances Testing for morphine, heroin and amphetamine A BDH Marquis trained officer can test for morphine, heroin and amphetamine. Testing for cocaine and crack cocaine A Cozart Cocaine trained officer, can test for cocaine and crack cocaine. MDMA There is no approved testing kit for MDMA so forensic submission is still required. Cannabis Most cannabis possession cases will be dealt with by a cannabis warning, however the EDIT reporting process applies where a warning is not appropriate. If the controlled drug is suspected to be cannabis, (for personal possession) the drug testing kit is replaced by sight and smell evidence from an officer experienced in investigating cannabis offences.

3 Home Office Circular 015/2012 allows for a law enforcement officer experienced in the recognition of the physical appearance, texture and smell of cannabis to identify the drug in cases: where the defendant is committed to Crown Court for sentence; dealt with in Crown Court where the identity of the substance is not in dispute and there is further corroborative evidence to support the identity of the substance; and in order to facilitate a remand either in custody or on conditional bail, however if the identification of the drug is in dispute, analysis at a forensic science laboratory will be required. Benefits Using the EDIT process has identified significant benefits including opportunities to: increase sanctioned detections of possession cases; reduce the number of bail to return and fail to return and make associated opportunity cost savings in custody and police officer time; significantly reduce time from arrest to disposal; and reduce forensic submission costs. Chapter 3 Substances which must be tested out of Force Introduction Where analysis of a substance is required, this should be arranged through Scientific Support Services. Substances requiring forensic analysis Substances should be submitted for forensic analysis via Scientific Support if the: case is to be tried at crown court; charge is a supply offence; or the identity of the drug is disputed at first appearance at court ( in agreement with CPS the court case will be adjourned to facilitate forensic testing). Chapter 4 When to charge Defendant can be charged In relation to: heroin; morphine; amphetamine; cocaine; and crack cocaine the defendant can be charged if the answer to all the following items is yes:

4 No Item 1 the offence is possession for personal use; 2 the quantity of substance is in keeping with personal use; 3 a suitably qualified police officer has: confirmed the identity of the substance using an approved drug test kit; and provided a statement. If the drug test kit cannot provide a positive reaction to the substance under test, a forensic analysis must be completed prior to charge. A statement from the officer carrying out the drug test will be accepted as a key witness statement for: initial file submission; remand in custody; or conditional bail applications. Chapter 5 Court issues Guilty plea If a guilty plea is entered and the case dealt with at Magistrates court, or committed to Crown court for sentence, no further analysis of the drugs will be required. Drugs tested prior to trial Providing the drug test indicates presence of heroin, morphine, amphetamine, cocaine or crack cocaine, the statement of the officer carrying out the test will be accepted as a key statement for initial file submission and for remand in custody applications. However, the drugs will have to be forensically analysed prior to the full trial if the: No Condition 1 quantity is too large for personal use; 2 defendant disputes the results of the test at first court appearance; 3 offence is possession with intent to supply; and the 4 case is to be tried at crown court. Drug test trained officers Drug test trained officers who test and provide a statement identifying cannabis or other drug will not be required to give evidence in court. Any statement submitted by them will only be used: Step Action 1 to remand on conditional bail;

5 2 to secure a remand at court; or 3 for guilty plea cases. In the event of a not guilty plea being entered, forensic analysis will be obtained and will form the basis of prosecution evidence. Full file required If an upgrade file is required, a complete forensic analysis must be obtained. The officer who carried out the field test would not be called to give evidence at court. Their original statement would remain on file as unused material. Admin Last revised: May 2013 Scheduled for review: May 2017