VIPER Identification Procedure

Transcription

1 VIPER Identification Procedure Procedure Reference Number: 2011/15 Approved: Insp Nadia Brew 26/02/2011 Author: Sgt Ian TURTLE VIPER Co-ordinator Produced: March 2011 Review due: March 2014 Review approved: (For reviewed procedures only) Name Date Version 2.2 Not Protectively Marked 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Procedure Aim/Purpose/Scope Guidance 3 3 Responsibilities Appeals Compliance Appendices Appendix A - Notice to Suspect Appendix B - Booking Pack Appendix C - Checklist Version 2.2 Not Protectively Marked 2

3 Procedure Aim/Purpose/Scope 1. THE PROCEDURE- NOT PROTECTIVELY MARKED The Procedure will clearly identify the processes to be followed by police personnel in relation to the requesting of a VIPER Parade and the security and use of Video Identification Parade Electronic Recording (VIPER) equipment held within the Cheshire Constabulary Police Area. 1.1 The aim of the policy The Policy aims to introduce clear directives and procedures to ensure that VIPER equipment and VIPER suites are administered in a way that demonstrates efficiency and effectiveness as well as being necessary, reasonable and proportionate, in this way they will:- Identify offenders by the use of video identification parades in accordance with Code D Police and Criminal Evidence Act Make a positive contribution towards the effectiveness of the criminal justice system and thereby reduce the fear of crime and disorder. Click Here to Return to Index 2 GUIDANCE/ PROCEDURES/TACTICS 2.1 Risk assessments and health and safety considerations The following generic risk assessment (GRA) is relevant to the use of VIPER suites and can be found on the health and safety database. GRA 13.1 General Office Duties The Viper equipment must comply with the Health and Safety (Display Screen Equipment) Regulations Specific instructions, tactics, methods, practices and procedures The identification suites in each of the Custody Facilities will always be securely locked when there are no VIPER trained staff in attendance. Only staff that have been trained in the use of VIPER shall operate any of the equipment held within the identification suites. The officer in the case (OIC) or any other officer involved in the investigation shall not be present at the suite at any time during the VIPER process. Version 2.2 Not Protectively Marked 3

4 A civilian identification officer will never be left alone with a suspect who is in police custody at a VIPER suite. 2.3 Procedure Individual roles. No unauthorised CD s or DVD s will be used in the VIPER equipment. Blank CD s will only be obtained from an authorised source. The trained officer carrying out the VIPER procedure will be responsible for ensuring that all CD s are securely stored and that the suite is locked after use. 2.4 Related protocols, practices or service agreements with other agencies There is a Service Level Agreement with the National VIPER Team at Wakefield, West Yorkshire. This is held on the Police National Legal Database. The DVD s and CD s are evidence and their storage, retention and destruction will be adhered to under Criminal Procedure and Investigation Act (CPIA) legislation, Management of Police Information (MOPI) and Homicide and Major Crime Investigations File and Exhibits Retention and Destruction 2.5 Administration Only forms that have been approved by Cheshire Constabulary will be used. These forms can be found on Weekly Orders and are available from the VIPER Unit. 2.6 Booking a Viper Suite Identification Parade Stage 1 - This section should be read in conjunction with PACE code D. PACE Code of Practice D - identification by witnesses (2)PACE Code of Practice D - identification by witnesses (1) An Inspector is required to authorise the VIPER process, this is a PACE requirement and is required in all cases regardless of who requested the VIPER. This Inspector will be the Identification Officer, and maintains responsibility for the process although the actual process may be delegated to another officer/member of staff. The OIC must ensure that the Notice to suspect and Details of First Description (200061h) are signed by either the suspect or representative, as appropriate and copies provided. Section B must be completed. A booking pack along with a checklist should be obtained from either the ID suite (sent by ), the custody suite, or they can be found on weekly orders. Contact the appropriate VIPER suite in each Custody Facility to arrange Version 2.2 Not Protectively Marked 4

5 for the suspect s image to be captured. This can be done whilst the suspect is in custody, or an appointment can be booked, and the suspect can attend at a later date. The OIC must make sure the completed Booking Pack and completed Notice To Suspect and Checklist are left in the VIPER room where the VIPER capture is to be completed (without the paperwork it is impossible to proceed) Stage 2 V1 Video image of suspect taken Stage 3 The suspect has their image captured on camera. This image will then be used by a member of staff from the ID Unit to make a PACE compliant compilation using 8 other images from the database. If the VIPER is urgent and it means that it is proposed to show the VIPER to witnesses whilst the suspect remains in custody, then a VIPER trained detention officer can complete the compilation. Detention Officers should only complete the compilation if the VIPER is urgent and there are no ID suite staff available. V2 Preview of the DVD compilation. The suspect and / or legal representative can preview the compilation if they wish to and it would not unnecessarily delay the investigation Stage 4 V3 Viewing by Witness(es) The OIC and the VIPER Suite liaise for a convenient date for the parade. The VIPER suite operator contacts the witness(es), to arrange a suitable time and date. The VIPER suite operator will arrange for escorting officer/s if the witness has transport requirements The OIC and any officer involved in the investigation of the case will not take any part in the video identification procedure and will stay away from the identification suite until after the full process has been completed. The VIPER suite will contact the legal representative and inform them via fax of the proposed V3 date and time Stage 5 Version 2.2 Not Protectively Marked 5

6 The VIPER suite operator will the parade result to the OIC. The DVD and any other video film will be stored within the ID suite. The current storage times are 3 months for a negative parade and 12 months for a positive parade. After this time they will be sent to the Force Tape library. A movement record must be kept of any movement or breakage/replacement of seals for each DVD The VIPER suite will return all the paperwork to the OIC Target time The time a VIPER takes to complete is based almost solely on the availability of witnesses and/or suspects. Should there be any time constraints or issues the OIC MUST contact the ID Suite at the earliest opportunity to bring this to their attention and begin arrangements for the VIPER to be prioritised Duties of escorting officer An escorting officer will not have been involved in any way with the case concerning the suspect. The ID Suite officer will direct the escorting officer where to sit or stand throughout the procedure. 3 Responsibilities 3.1 Who is responsible for actions/ decisions etc Policy individual roles and responsibilities. The nominated officer will be responsible for recording monthly usage information on the use of the VIPER suite. The Officer in the case (OIC) will be responsible for the completion of all documentation prior to the procedure. The officer carrying out each stage in the procedure will record all stages of VIPER contemporaneously on the appropriate form. The Divisional Commander of the division where the VIPER suite is situated shall nominate a police officer or member of police staff to be responsible for the overall administration of the unit. Divisional Commanders are responsible for ensuring that only trained staff use equipment within the VIPER suite. Version 2.2 Not Protectively Marked 6

7 4 Appeals Not Protectively Marked The Head of Custody to ensure sufficient numbers of trained personnel in the VIPER Unit and to ensure sufficient Detention Officers are trained in the VIPER Capture process. The National VIPER Unit in West Yorkshire to provide sufficient training as and when it is requested by the Head of Custody. 4.1 Persons affected by the exercise of powers, directives or actions under this document have the right to make representations and / or challenges and / or appeals to the decisions involved via judicial processes (e.g. Civil law) and / or non-judicial processes (e.g. internal management, grievance or police complaint procedures). 5 Compliance Click Here to Return to Index I confirm that this document has been drafted to comply with the principles of the Human Rights Act and Equal Opportunity legislation as per force guidance. In addition, Data Protection, Freedom of Information, the National Quality of Service Commitment and Health and Safety issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation, internal policies and the Force values. I do agree that this document is appropriate for disclosure to the public. Signed: N Brew (Insp 3767) Date: 21 st March 2011 (author) 6 Appendices A NOTICE TO SUSPECT B BOOKING PACK C CHECKLIST Version 2.2 Not Protectively Marked 7

8 Equality and Diversity Impact Assessment part 1 Potential Impact X Does the procedure involve any of the following? (tick as appropriate) If any of the boxes below are ticked the impact is high and the Equality and Diversity Impact Assessment must be reviewed annually. High - Exercise of statutory powers? x - Dealing with or providing services to the public? - Recruitment & selection, transfer or redundancy processes? - Training opportunities or career development schemes? - Other processes for managing staff? (ie. discipline, pay, allocation of benefits, etc) - Any other high risks not detailed? If any of the boxes below are ticked the impact is medium and the Equality and Diversity Impact Assessment must be reviewed every 2 years. Medium - Dealing with the public, but not involving the exercise of statutory powers? - Providing services or facilities to staff? (ie. welfare, shower rooms, parking, intranet etc) - Any other medium risks not detailed? If any of the boxes below are ticked the impact is low and the Equality and Diversity Impact Assessment must be reviewed every 3 years. Low - Administration processes? - Any other low risks? Equality and Diversity Impact Assessment part 2 Consider the community as a whole and each of the protected characteristics: Age (includes all ages), Disability, Gender, Pregnancy and maternity, Race, Religion or belief, Gender reassignment and Sexual orientation, when answering the below: Version 2.2 Not Protectively Marked 8

9 1. Does this activity present an opportunity for improving equality outcomes for any of the protected characteristics? If so, how? 2. Is there public/political concern in relation to any of the protected characteristics, attached to this activity? If so, what are those concerns? 3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars? 4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable? 5. What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. Use of community intelligence. If reviewing the procedure what are the results of the monitoring? 6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality? 7. When the Race and Diversity impact assessment has included consultation, who was consulted? (Include a summary of the key points) 8. Has the procedure been altered following the consultation? (Include a summary of the key changes) 9. Has feedback been given to the groups involved in the consultation? Date Impact Assessment completed: Consideration is always shown to any potential witnesses and victims regardless of the protected characteristics. By following the procedure, the opportunity to improve equality outcomes also applies to suspects No concerns National VIPER Service Level Agreement Code D of PACE is the Statutory Power. The first description of an offender given by a witness or victim will determine the format of the VIPER Compilation. If the offender was of an ethnic minority, then white offenders would not be included in the compilation and vice versa. This would apply to all the protected characteristics. The data collection process contains information of the name of the suspect, the alleged offence and the details of the victims/witnesses. The data that is collected can be adapted to list ethnicity, gender and any physical disabilities (which would impact on making a compilation) and be reviewed monthly. None yet recorded Force Diversity Advisory Unit and MIND website for appropriate terminology in relation to people who have a mental illness or learning disability Yes in relation to appropriate terminology used in relation to persons suffering from a mental illness. Yes 20 th April 2011 Version 2.2 Not Protectively Marked 9