NOT PROTECTIVELY MARKED

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Bernice Wilson
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1 Title: Searching and Seizure of Property (Premise) Last Reviewed: 26/01/15 This document applies to employees of the: Version Number: 09 Chief Constable SOUTH WALES POLICE MISSION & VISION: KEEPING SOUTH WALES SAFE TO BE THE BEST AT UNDERSTANDING AND RESPONDING TO OUR COMMUNITIES NEEDS SOUTH WALES POLICE PROCEDURE OBJECTIVE: To ensures that SWP staff are aware of the procedures and Police and Criminal Evidence Act Codes of Practice and other legislative considerations relating to the searching of premises GENERIC RISK ASSESSMENT: Dynamic Risk assessments are to be carried out for each incident involving a premises search. Relevant GRAs: Common factors in searching operations (GRA 1) Confined space searching (GRA 2) Building searches for drugs, property, explosives or persons within or upon buildings (GRA 3) Use of Specialist Search Equipment (GRA 7) PROCEDURE: All officers and staff involved in searching of premises must read the accompanying Handbook. General Officers and staff will: Ensure that entries into premises for the purposes of searching are carried out under the appropriate legislation Ensure that appropriate risk assessments are carried out prior to any search Ensure that searches are carried out in a professional and thorough manner and any Damage caused dealt with appropriately Ensure that property seized is managed in accordance with Force policy Ensure that all relevant records are completed Entry with consent to search When entry to premises is with consent: The OIC must be satisfied that the person is entitled to give, or be in a position to give such consent. The consent must be recorded in an F8 Premises Search Book or if not available in a pocket notebook (PNB) and signed by the person giving the consent. A person who has signed the Premises Search Book will be given a copy. Written consent is not required where entry is by means of a warrant or when there is

2 other power to do so. When the entry is for the purpose of search following the arrest and detention of a person, authority must be obtained from an Inspector or above and the appropriate section of the F8 Premises Search Book completed. Conduct of Searches Prior to attending at premises to search an NSPIS incident must be created via PSC to ensure attending officers health and safety should assistance be required. Premises may only be searched to the extent that is necessary to achieve the object of the search, having regard to the size and nature of whatever is sought. A search under a warrant may not continue under the authority of that warrant once all items specified in it are found or the OIC is satisfied that they are not on the premises. Searches must be conducted with due consideration for the property and privacy of the occupier and with no more disturbance than is necessary. Reasonable force may be used only where it is necessary because the co-operation of the occupier cannot be obtained or is insufficient for the purpose. If the occupier of the premises requests a friend, neighbour or other person to witness the search, they should be allowed to do so, unless the OIC has reasonable grounds to believe that this would seriously hinder the investigation or endanger the officers concerned or other people. A search need not be unreasonably delayed for this purpose. Forcible Entry to premises Entry should, where possible, be gained by conventional methods, i.e. contact with occupier, use of a key etc, unless there are good reasons for using force to enter. When force is used it should:- Be the minimum necessary to effect a safe entry; and, Cause as little damage as possible. Consideration should be given to photographing any damage caused to premises or property before leaving the scene, in order to counteract potential litigation When the use of force is required to effect entry: The use of approved devices should be considered. Only persons who are trained and authorised in their use may use the devices PSC must be informed and the relevant NSPIS incident updated with details. Damage Caused to Premises When, following forcible entry: Damage is caused to the premises or any other property Persons remain on the premises, and A dispute arises regarding the repair of the damage, officers should consider the Crime Scene Investigator attendance to photograph the damage concerned. Officers may also use their mobile data devices to record any damage. These photographs will be linked to

3 the relevant occurrence in accordance with agreed procedure. Officers will ensure that there are no unrealistic expectations regarding future repair and will give the following information:- SWP does not accept liability for the damage; No repairs will be authorised; The premises will not be secured; Any claims for compensation should be directed to the relevant BCU Commander who will, where appropriate, seek advice from the Legal Services. Repairs at Police Expense The cost of repairs to premises forcibly entered by officers in the course of their duty has been devolved from the Estates Department to BCU Commanders. Any repairs carried out will only be to the extent to secure the premises. The senior officer present at the premises may consider securing the premises in the following circumstances:- Where vulnerable persons* remain on the premises; Where there are no persons remaining on the premises; Where the wrong premises have been entered; Where entry is necessary to save life/protect property. *Although the final decision rests with the senior officer at the scene as to whether or not a person is vulnerable, consideration will be given to elderly, infirm or disabled persons - lone females with children may also be considered to be vulnerable. Each case will be judged on its merits and it should be emphasised that attendance will only be to secure the premises. In these circumstances the following options exist If the premises are privately owned SWP Estates Department staff may attend but only to secure the premises; Contacting the relevant Local Authority or housing association if the premises are No Persons Remaining on Premises Following Forcible Entry Where no persons remain on the premises following forcible entry, before leaving the OIC will ensure that the premises are secured either by:- In the case of private accommodation - arranging for the occupier or relative etc, to attend, or - arranging for Estates Department staff to be called out to secure the premises; Contacting the relevant Local Authority or housing association if the premises are Wrong Premises Entered When entry is made to the wrong premises everything must be done at the earliest opportunity to minimise the sense of grievance. This will include:- In the case of private accommodation, Estates Department staff will be called out to arrange the securing of the premises; Contacting the relevant Local Authority or housing association if the premises are

4 Informing the aggrieved person that correspondence should be directed to the relevant BCU Commander. SWP Estates Department Estates Department can be contacted through PSC via Airwaves in the first instance and followed as soon as possible by an to Estates Department mailbox outlining the circumstances and action required. A copy of the will also be sent to the relevant BCU Commander for their information. Updating Niche An occurrence will already exist if a search is following an arrest or police attendance at an incident. Following all searches the OIC will: Fully update the Niche OEL as below with all relevant details. Link addresses, search reports and persons present during the search (including police/officers and staff). Addresses Addresses can be linked by the OIC via the OEL. Until created by PSC, entities are indicated by a red diagonal line, removed once created. Persons Persons present during a search can be linked via the OEL. The classification tab has drop down pick-list entries which contain the entry present during search. This should be used if the persons only involvement was their presence. Other entries may be used as appropriate. Police officers and staff present during any searches will have the following classifications added: Officer in charge Present during search Any other appropriate classification denoting specific involvement The above processes will negate the need for an intelligence report submission and provide a record of searches conducted Search Reports A search report cannot be accessed until the address has been created by Public Service PSC. On completion of the search, the search report section of the relevant address will be completed to provide an audit of searches conducted thereby removing the need for a Register and providing information and intelligence for any future searches considered. Search reports can be accessed as follows Occurrence - Involve tab - Open relevant

5 address - Occ. events/reports tab Right click to add event New - Search report Fields should be completed as appropriate (legal power and outcome fields have drop down pick-list entries). Remarks should refer to location of Premises Search Books, location of property found and any other relevant information. Where appropriate, relevant flags and warning markers must be created. Any intelligence gained outside the scope of the search report must be submitted on NIR forms. F8 & F8 (a) Premises Search Books Premises Search Books: Will be completed on each occasion a search is conducted whether articles are seized or not. Where articles are seized, it is essential that comprehensive entries are made in the Book. Will show the location of the property and the evidential property reference number. On completion, will be submitted with any evidential file submitted. Where no evidential file is submitted, the Book will be forwarded to the relevant BCU Intelligence Unit for filing and retention in accordance with guidelines. A copy of the Premises Search Book entry Information to the Occupier - will be given to a person on the premises searched or, in the case of premises which are unoccupied, left in a prominent position. If the premises belong to the person in custody, the copy will be given to that person. Retention of evidential property All property seized during the search of premises will be dealt with in accordance with Force Procedure and Guidance relating to evidential property. Search in another BCU An officer conducting a search in another BCU should liase with a local supervisory officer before conducting the search unless the need for confidentiality is exceptional. Search for other force or BCU Where a search is carried out for another Force or BCU, a fax or ed copy of the search authority and/or custody record endorsement should be requested prior to any search being carried out. The normal considerations for searching premises should be considered before carrying out the search. Click here to view the full Guidance associated with this process FORMS: F8 and F8(a) Premises Search Book LEGISLATION & REGULATION: Code B of the Codes of Practice to the Police and Criminal Evidence Act 1984

POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) CODE B

POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) CODE CODE OF PRACTICE FOR SEARCHES OF PREMISES Y POLICE OFFICERS AND THE SEIZURE OF PROPERTY FOUND Y POLICE OFFICERS ON PERSONS OR PREMISES Commencement - Transitional