Evidence and Property Management Policy
1. Statement of Policy
Dyfed-Powys Police is committed to dealing professionally with all evidence and property, safeguarding its integrity to support the prevention and detection of crime.
Aims
- To ensure that Dyfed-Powys Police meets its legal obligations when dealing with evidence/property that comes into its possession.
- To ensure that Dyfed-Powys Police does not deprive others of the peaceful enjoyment of their possessions, except in the public interest and subject to the conditions provided for by law.
- To ensure that all Officers, police staff and volunteers who are involved with evidence/property follow the same principles, deal with it in a corporate manner, treat people fairly and are transparent in our processes.
- To ensure all evidence/property is handled, recorded and stored in a professional, safe, and timely manner.
- To ensure retention of all evidence/property is critically reviewed.
- To ensure proper and timely return or disposal of evidence/property.
Objectives
- To ensure all police officers, police staff and volunteers are aware of their personal accountability and responsibility for evidence/property.
- To prevent the unnecessary retention of evidence/property.
Outcomes
- Improved handling, recording, storage, return and disposal of evidence/property.
- Improved public interface and increased public satisfaction around evidence/property issues.
- Reduced requirement for storage space.
- Reduced Health & Safety risks.
Applies (but not limited) to: All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers. Police Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.
2. Policy Scope
This policy replaces all previous evidence and property policies and applies to police officers, police staff and volunteers.
The Evidence Management Unit (EMU) is committed to dealing professionally with all evidence and property, safeguarding its integrity to support the prevention and detection of crime. It will provide an effective property handling system that ensures property/evidence is secured appropriately, correctly identified and movement tracked, treating religious and cultural items with appropriate sensitivity. Compliance with this will ensure public satisfaction and confidence.
Police officers, police staff and volunteers who seize/handle evidence and property must do so with the highest level of care, following set procedures to preserve the integrity of the evidence, taking into consideration the health and safety of those handling the evidence at the time and in the future.
Since 16 May 2023, all evidence/property is managed on the Niche System and a full audit trail of the location of the property is maintained. All evidence/property recorded on the Niche system will be transferred from local property stores to the main facility at the EMU, Police Headquarters for storage within 10 working days.
Any evidence/property detained prior to 16 May 2023 is managed on the Property Management System (PMS) and will be located at local property stores.
This policy should be read in conjunction with the Detained Property Guidance Document.
The policy aims to mitigate the following risks:
- Unnecessary retention of evidence/property
- Health and Safety risks associated with the handling of hazardous/dangerous items
- Loss of items incorrectly recorded/stored through a robust audit trail
- Complaints from members of the public as a result of inadequate or inaccurate recording and disposal/return of items seized.
3. Powers and Policy/Legal Requirements
This policy complies with the following legislation and documents –
- NPCC National Digital and Physical Evidence Retention Guidance
- Sections 19 to 22 of the Police & Criminal Evidence Act 1984
- Section B7 of the PACE Codes of Practice
- The Police (Property) Act 1897 & 1997
- Home Office Circular 42/1997 – New Regulations Providing for the Disposal or Retention of Property in the Possession of the Police
- Data Protection Act 2018
- Dyfed-Powys Police Detained Property Guidance Document
4. Options and Contingencies
The policy is owned by the Chief Inspector, Criminal Justice Department who holds overall responsibility for the management of the Evidence Management Unit.
The Officer in the Case has overall responsibility for any property/evidence, especially identifiable property/evidence that is detained or received.
The Property Support Officer/Evidence Management Support have responsibility for ensuring that all items of property/evidence entering police possession are accurately recorded, securely stored and disposed of in accordance with guidance.
All of the new Code of Ethics principles apply to this policy -
- Courage
- Respect and Empathy
- Public Service
5. Take Action and Review
This policy will be reviewed in 12 months initially, extending to two years thereafter to ensure it is fit for purpose.
The review and any revisions will take account of the following –
- The effectiveness of the policy
- Any changes to legislation or national guidance
- Challenges to the policy; and
- Any identified inefficiencies in relation to implementation
Any amendments to this policy will be implemented through the Criminal Justice Group, Investigation Standards Board with final oversight provided by the Strategic Criminal Justice, Custody, Intelligence, Investigation, Firearms Licencing and Property Board.
CODE OF ETHICS CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.
HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.
EQUALITY IMPACT ASSESSMENT
Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:
- eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.
Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above.
An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.
EQUALITY IMPACT ASSESSMENT COMPLETED: April 2024