Body Worn Video Policy

1. Statement of Policy

Body-worn video (BWV) cameras are used across Dyfed-Powys Police by police officers and staff to support prosecutions and protect the communities of Dyfed and Powys. The cameras provide a transparent and accurate account of events and interactions.

The footage provides visual and audio evidence for use at court; meaning offenders are more likely to plead guilty and can be brought to justice faster. It will improve the process of investigating complaints against officers and staff and make them more accountable to the public. Officers will only record if there is a policing need and it is proportionate to do so.

The purpose of this policy is to identify and signpost the procedures and protocols required for the application, deployment and use of BWV cameras by police officers for the purpose of gathering evidence or intelligence. The policy and associated guidance establish the legal basis and guidance for the use of BWV.

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 and associated guidance is intended to enable officers to comply with legislation and guidance to capture evidence for use in court proceedings.

Overarching principles for the operational use of BWV:

• Policing’s underlying power to use body-worn video is derived from common law, where it may be used in the lawful execution of duties, to protect life and property, preserve order, prevent the commission of offences, and bring offenders to justice.
• Data will be processed and managed in line with data protection legislation, the Police Information and Records Management Code of Practice and the Authorised Professional Practice (APP) on Information Management. 
• Forces will utilise body-worn video to engage with their communities to promote transparency and accountability Body-worn footage is a key tool in police accountability and legitimacy and can be used to work towards building trust and confidence between the police and communities they serve.

BWV is a useful means for recording evidence and for demonstrating transparency in respect of police actions at incidents, however, BWV should only be used to corroborate and not replace evidence from other sources such as police officers, Police Community Support Officers (PCSO’s) or eyewitnesses.

• BWV is an overt system and should not be used for covert recording except in exceptional circumstances and where the necessary authorities have been granted. The use of BWV must be proportionate and necessary to the situation. BWV use should be ‘incident specific’.
• Users of BWV must always be able to justify the use of the camera and have a legal and objective basis for taking the footage. This must be proportionate to the incident/ activity in question.
• Force Communication Centre (FCC) staff, when deploying Officers or PCSOs to an incident, should routinely remind them to start the BWV recording.
• If an Officer or PCSO attends an incident without a BWV Video Device, the FCC should be informed, and STORM endorsed with the reason why.
• Dog Unit and Negotiators BWV cameras are placed in partial Stealth Mode (sounds and lights are turned off, but the haptic (vibration) is enabled allowing confirmation of activation for officers reassurance).
• BWV must not be used in a covert manner without necessary authorities, as there is a risk of evidence so obtained being ruled inadmissible and excluded at court.
• All cameras must have the yellow AUDIO and VIDEO sticker visible on the camera to advise members of the public that the officers are wearing a BWV camera. Failure to adhere to this may render any evidence inadmissible.

 

3.  Powers and Policy/Legal Requirements

Related Policies, Protocols, Practices or Service Agreements

Internal:

BWV Trial Training Guidance

Dyfed-Powys Police Post Incident Management Policy

Memorandum of Understanding – Police Use of Restraint in MH and LD Settings

Body Worn Video Standard Operating Procedure

Dyfed -Powys Police Digital Imaging Policy:

TSU Advice / Guidance Policy

External Sources:

College of Policing Body Worn Video Guidance 2014

NPCC National Policing Position Statement: Using Body Worn Video to Record Initial Contact with Victims, Witnesses and Suspects

Home Office Technical Guidance for Body Worn Video Devices

Home Office Safeguarding Body Worn Video Data IOPC position statement on Body Worn Video

NPCC Body Worn Video Policy 2023

Data Protection Act 2018

Freedom of Information Act 2000

Code of Practice under Section 46 of the Freedom of Information Act 2000 – Records Management

Police Information and Records Management Code of Practice

College of Policing Authorised Professional Practice – Information Management

National Police Chiefs Council (NPCC) National Guidance on the Minimum Standards for the Retention and Disposal of Police Records

Dyfed-Powys Police Acceptable Use Policy and Standards

Dyfed-Powys Police Information Security Policy and Associated Standards

 

4.  Options and Contingencies

Roles and Responsibilities

Officers, Staff and Volunteers

• BWVs are issued to individuals in specific roles that are deemed to require the device to perform their role to the best standard. All users have a responsibility to attend training prior to receiving their device and to ensure they are confident in the use of the device.
• Individuals issued with BWVs are responsible for the safekeeping, maintenance, and management of their own BWV. They are responsible for ensuring they understand the legislation, policies, and all documentation prior to using BWV. They are responsible for the correct management of evidence they capture and should a case file be submitted, they are responsible for the sharing of the footage with the necessary CPS.
• Individuals issued with BWV are responsible for reporting any loss of BWV equipment to ICT and the Information Security Officer.
• Individuals issued with a BWV should familiarise themselves with the BWV Guidance document to ensure acceptable use of the BWV.
• Individuals are responsible for returning their Body Worn Video Devices if they leave the organisation or commence a role where the use of Body Worn Video has not been agreed.

Line Managers

• Line managers are responsible for ensuring their staff return their BWV if they are leaving the organisation or commencing a role which is not deemed to require a BWV.

ICT

• ICT are responsible for issuing BWV and replacing lost or damaged devices. They will maintain a record of personal issued BWV
• ICT will be a key contact in relation to queries users have regarding the use of BWV and Evidence.com.

Learning and Development Services

• Learning and Development are responsible for BWV training. Officers and staff requiring a BWV are responsible for booking on to training courses via RMU.

The Project Team

• The Project Team are responsible for providing updates and assistance with BWV and Evidence.com. They are also responsible for all documentation in relation to BWVs and ensuring it is kept up to date; they will provide updates when they are necessary.

Body Worn Video (BWV) Champions

• BWV Champions are provided with additional training to enable them to support their shift with the use of their BWVs. Champions will not act as trainers; their role is to assist with minor practical day-to-day queries.

 

Requests for Copies of BWV

 Officers and Staff may occasionally receive requests for copies of Body Worn Video from Members of the Public, (Data Subjects), Organisations or other Third Parties. Footage should be secured once the Force is aware that a request has been received and while the application is under review.

Subject Access Requests (SARs) received under Data Protection legislation should be forwarded to the Disclosure Unit, in a timely manner. The exception to this will be where they are to be dealt with by recognised/nominated Single Point of Contact (SPOC) within a small number of departments e.g. Human Resources, Firearms Licencing, Occupational Health Unit, Professional Standards etc. Whilst these will be processed by the nominated departments, details of any SAR’s received should be provided to the Disclosure Team for logging and monitoring purposes, to ensure they are processed in line with Data Protection legislation and in order that timeliness is monitored.

Footage should be preserved once a request has been received and then reviewed and suitably redacted by Officers to remove any Third-Party Data, not pertaining to the Data Subject, conversations and transmissions not relating to the Data Subject and any other Sensitive Police material or processes.

 

Hybrid requests are requests for information which may fall under more than one piece of legislation such as Court Orders. Such requests should be forwarded to the Disclosure Team without delay.  Disclosure staff will ensure that hybrid requests are appropriately dealt with separately under each piece of legislation.  Disclosure staff will inform requestors of the process that will be undertaken and the legislation that each part of the request will be dealt with, and Officers, Staff and Volunteers should engage with the Disclosure Unit to ensure that footage is provided where appropriate.

Evidence.com user roles will be as follows:

• DPP Admin
• Admin (Pro)
• DPP Camera Users
• DPP Management/ FIM (Force Incident Managers)
• DPP PSD (Professional Standards)
• DPP ACU (Anti-Corruption Unit)
• JFU (Joint Firearms Unit)

Body Worn Video captures situations as they occur, recording video and audio of the scene, the officers and the public involved.

BWV ensures that officers, staff and volunteers are accountable for their own actions, decision, and omissions; it also ensures that all situations and individuals are treated with fairness, respect, integrity and honesty as the footage is recorded and can be used as evidence.

Officers, staff and volunteers are responsible for ensuring they correctly notify individuals of the BWV recording and to be open and honest regarding the use of the device and the footage.

The Code of Ethics principles apply to this policy -  

• Courage
• Respect and Empathy
• Public Service

 

5.  Take action and review

It is good practice to have a process in place that assures that regular formal review of all policies and guidance. To consider:

• The documents effectiveness
• Any changes to legislation / Home Office Guidance
• Challenges to the policy
• Any identified inefficiencies in relation to the implementation

This policy will be reviewed every two years unless it is deemed necessary to review beforehand.

The policy principles and practices are reviewed against the officer’s ability to use the BWV and by officer’s not misusing BWV or the system. The proper use of the BWV and the system can be investigated and reported on via the audit functionality within the system. Officers also follow the correct procedures from the policy for obtaining a BWV and for returning the device if it is lost or broken, or they are changing roles.

All updates or concerns regarding BWV are raised at the ICT Strategy Group and the IT Strategy Group. Updates are provided by exception. All policies, guidance and other relevant documentation in relation to BWV are brought to the ICT Strategy Group for review by all attendees.

As and when processes are implemented, a review process is conducted to establish the effectiveness of the process and to measure any benefits.

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: January 2024