Destruction of Controlled Drugs Policy

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1. Statement of Policy

This is the policy of Dyfed-Powys Police to deliver guidance in respect of the procedures and processes for the destruction of controlled drugs. It will:

Clearly define administrative duties in support of destruction of controlled drugs.
Provide key information to all officers involved in this process.

All staff, in the adoption of this policy, and in the exercise of their daily duties, must ensure that:

(a) They give due regard to the welfare, safety, general wellbeing, and human rights of all individuals.

(b)They do not unjustifiably discriminate against any individual or groups of individuals.

(c) Actions taken are justified, strictly proportional to, and are the least intrusive and damaging option to the achievement of their legitimate aims.

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. Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.

2. Policy Scope

Initial Seizure and Packaging of Controlled Drugs

All drugs whether controlled or not that come into Police possession will be recorded on Niche. However, drugs seized during a Serious Organised Crime Team investigation may be booked in utilising the HOLMES system at the instruction of the SIO.

Protective gloves should always be worn when handling controlled drugs to prevent any absorption through the skin. The risk of contracting infectious diseases from drug contaminated items is also high.

Drugs seized as evidence will be placed in tamper proof evidence bags, apart from Cannabis plants which must be placed in a brown paper bag / sack, not plastic as this causes the plant to decompose. Paraphernalia must also be placed in exhibit bags and labelled accordingly.

Drugs seized for destruction only will be packaged in yellow biohazard (300 gauge) bags and sealed with cable tie security seals.

Storage and Security of Controlled Drugs

Each LPA is responsible for the temporary storage and security of drugs and associated items seized. At no time must any controlled drugs be stored in insecure areas within police stations, i.e. on desks unsupervised or for collection in corridors.

The following will be accurately recorded on Niche:

Description of the seized items, matching that on the exhibit label where relevant.
Movement of drugs, both for forensic examination and destruction.
Weight of the sealed packages where appropriate.
Final disposal details.

Evidential Management staff on each LPA will be responsible for operating the system of storage at the interim Niche stores.

Found drugs handed to the Police where the owner cannot be traced will be dealt with in the same manner as seized drugs. This includes when drugs are recovered at nightclubs and the staff hand in the drugs to the Police.

Transfer of Drugs to EMU

Any movement of controlled drug items within the Force must comply with this policy and should involve the use of appropriate Police Officers/Police Staff. Drugs must never, under any circumstances, be placed in the Force internal mail system.

Prior to transfer, the EMU staff will ensure that Niche correctly reflects the drugs exhibits they are moving to EMU.

In summary, the movement process for drugs requiring destruction will be:

(a) All entries on the Niche are correctly listed and endorsed.

(b) The controlled drugs as listed on Niche are placed into the biohazard bags.

(d) The Drugs Destruction Record (Appendix A) is produced and taken to EMU with the drugs.

Health and Safety Issues Arising During Destruction

Personnel involved in the destruction process must be aware that the resinous material that exudes from 'Cannabis Sativa' is a poisonous substance, which contains tetrahydrocannabinals and can be harmful even in small quantities. The resin is found in its highest concentration in the female flowers and is still active when the plants have been dried. The use of a garden shredder to reduce the bulk of plants prior to incineration presents a high degree of risk when the exuded resin will be difficult to control and not easy to clean safely from the moving parts of the machine. If inhaled or ingested the resulting effects may be irreversible therefore the PROCESS SHOULD NOT BE UNDERTAKEN.

It is important that all relevant procedures are carefully followed to reduce the risk of injury or ill-health and to ensure compliance with the 'duty of care' placed on the Force by environmental legislation.

On no account must the biohazard bags to be opened during the destruction process. The bags plus contents are to be placed in the incinerator in their totality.

WEDINOS

WEDINOS has been established in Wales by health services to provide a mechanism for testing new psychoactive substances (NPS), and combinations of substances both new and established.

WEDINOS Provide intelligence only testing of substances. New, unidentified or unusual drugs or combinations of substances may now be submitted by a wide range of individuals including NPS users and those they may be in contact with.

Participating organisations include substance misuse services (Tiers 1-3), housing and hostels, youth clubs and young people’s services, education, night clubs and bars, mental health community teams, Local Authorities, Ambulance Service and the Police. These should be entered onto the Niche system in the usual way but clearly marked WEDINOS sample.

Submissions to WEDINOS can never be evidential samples and investigators should consider if the results are needed for a criminal investigation. FIB are the gatekeepers for WEDINOS submissions, and the submission bags and forms are held with FIB

These samples will then be submitted using the specialist packaging supplied for the purpose.

Once these drugs have been tested, they will then be destroyed in accordance with the WEDINOS procedure.

3. Powers and Policy/Legal Requirements

The purpose of this policy is to provide direction to police personnel on the procedures to be adopted for the destruction of controlled drugs.

The legal basis for the exercise of powers and duties outlined in this policy are:

Police and Criminal Evidence Act, 1984

Special Waste Regulations, 1996 as amended.

Environmental Protection Act, 1990

Human Rights Act, 1984

Dyfed-Powys Police consider that these actions are necessary in a democratic society in the interest of, and in order to safeguard public safety.

4. Options and Contingencies

The policy owner is the Head of Forensic Services who has overall responsibility. The SSU Senior Manager is responsible for ensuring the policy is being adhered to, and that it is updated to reflect any changes in National guidance and Dyfed Powys Police procedures.

The procedures and processes identified within this policy are applicable to all Police Officers and staff who are involved in any aspects of drugs process in DPP. Referral to Supervisors and managers for advice and guidance will be sought where deemed appropriate.

Code of Ethics Principles

The Code of Ethics is a national code of practice, which defines core policing values and the standards of behaviour for everyone who works in policing. In line with these nine principles, the Policy seeks to embed the following:

Accountability - You are answerable for your decisions, actions and omissions.

Fairness - You treat people fairly.

Honesty - You are truthful and trustworthy.

Integrity - You always do the right thing.

Leadership - You lead by good example.

Objectivity - You make choices on evidence and your best professional judgement.

Openness - You are open and transparent in your actions and decisions.

Respect - You treat everyone with respect.

Selflessness - You act in the public interest.

5. Options and Contingencies

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