WMC Pocket Notebook Policy 2007 Not Protectively Marked. Procedure Owner: Superintendent Safety and Justice Department

Transcription

1 Force Procedure No.: 96p Procedure Owner: Superintendent Safety and Justice Department Date Procedure Approved: August 2003 Reviewed: June 2007 Force Procedure: Pocket Notebook Procedure This policy has been drafted in accordance with the Human Rights Act 1998, Race Relations (Amendment) Act 2000 and the principles underpinning it. It is suitable for public disclosure 1

2 1. ABOUT THIS PROCEDURE This procedure explains the requirements on police officers and police staff to keep a pocket note book. 2. RISK ASSESSMENTS / HEALTH & SAFETY CONSIDERATIONS There are no considerations to be taken into account in this area. 3. PROCEDURE An entry will be made for each day. The minimum entry will be date, rostered duty, allocation of duty, vehicle and with whom crewed if applicable. They are not required to be a minute by minute account of a period of duty and if they are not required for recording evidence or any unused material relating to an offence, police investigation or serious occurrence, the only other entries should be cross referencing to OIS, FPN. WMRT/7, surveillance log books etc., in a brief format. Where a persons rostered duty is repetitious and no evidential entries are required a block entry covering more than one day will be permitted. The Police and Criminal Evidence Act 1984 requires the use of pocket notebooks to record evidence in particular circumstances. Officers are reminded that as such these entries are evidential. Code C Codes of Practice for the detention, treatment and questioning of persons by police officers states when suspects are cautioned during questioning, or an arrest, that a caution must be recorded in the officer s pocket notebook (or interview record as appropriate) (Para. 10.7). Code E Code of Practice Tape Recording of Interviews with Suspects, specifies that Police Officers must make a note in their pocket notebooks of the fact that an interview has taken place together with certain details about the interview (Para 5.1). In addition, practice has established that direct speech during arrest, unsolicited comments after arrest and responses to the caution are required to be recorded in the pocket notebook. Officers have no discretion in this regard and must make the required entries in their pocket notebooks and on the appropriate MG Record of Interview forms. Failure to do so causes police evidence to be challenged in the courts, leading to the possible collapse of prosecution cases. The making of witness statements to serve as original notes does not fulfil our legal obligations and is not acceptable. 2

3 4. ROLES AND RESPONSIBILITIES The requirement to keep a pocket notebook will apply to all Police Officers, Community Support Officers and certain other members of police staff.it will be their responsibility to ensure they are maintained as per the above procedure. Registry will be responsible for maintaining accurate records of pocket books issued to staff of their division/department. 5. RELATED PROCEDURES, PRACTICES OR OTHER AGENCY SERVICE AGREEMENTS This procedure should be read in conjunction with the West Mercia Force Retention Policy.and the Freedom of Information Act 6. ADMINISTRATION Pocket notebooks are accountable documents and the issue and receipt should be subject to audit. All pocket notebooks will be held within the Divisional / Departmental Registry and will be individually numbered and a register of issue and receipt will be maintained. Pocket notebooks will be issued to officers upon production of a current completed pocket notebook and a record will be kept of the issue and receipt against the identifying number. Current practice of ruling through and signing the last page(s) of the pocket book will be acceptable. If an officer is seconded to a full time role on a major incident he/she will be issued with a new pocket book in exchange for their current one. This pocket book will be issued by the office manager, completed throughout the duration of the incident and will be returned to the office manager on completion of the officer s involvement in the investigation for retention by the disclosure officer. The office manager will then return the officers original notebook having recorded in it the dates of the officers involvement on the major incident. In all other circumstances, completed pocket notebooks, not subject of court commitments, will be retained by Registry in line with the Force Destruction Policy. Officers will be permitted to retain pocket notebooks until they are free of any court commitments in relation to that pocket notebook. Divisional Registry (and Departmental equivalents) should be able to issue pocket notebooks en bloc to Sergeants, Inspectors and Sections etc., and again a record will be made in the Register. Sergeants, Inspectors and Department Heads will be able to issue pocket notebooks when Registry is unavailable but subject to the same criteria and recording. 3

4 Mislaid or lost Pocket Notebooks should be notified to a supervisor and replaced immediately. 7. DISTRIBUTION / PUBLICATION The procedure will be circulated by the policy owner. The procedure will also be made available on the Force Intranet system. 8. MONITORING / EVALUATION This procedure will be monitored by the Inspector Safety andl Justice Support on behalf of Superintendent Safety andl Justice, by means of a survey on an annual basis. 9. REVIEW A review of the policy will take place 12 months from the date of the policy. The review will examine each aspect of the policy and will ascertain whether anything contained under that heading has changed. 10. ORIGINATING DEPARTMENT Safety and Justice Department, Headquarters. 4

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