In Car Video Policy

1. Statement of Policy

In Car Video (ICV) cameras are used across Dyfed-Powys Police in Roads Policing Unit (RPU) and Armed Response Vehicles (ARV) by officers to support prosecutions and protect the community. 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 can be brought to justice swiftly. It improves the process of investigating complaints against officers and staff and ensures accountability. Officers will 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 ICV 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 ICV.

Applies (but not limited) to: All categories of DPP employees, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers.   Any person 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 are 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 ICV:

• ICV is a useful means for recording evidence and for demonstrating transparency in respect of police actions at incidents, however, ICV should only be used to corroborate and not replace evidence from other sources such as police officers, PCSOs or eyewitnesses.
• ICV is an overt system and will not be used for covert recording.
• The use of ICV must be proportionate and necessary to the situation. ICV use will be ‘incident specific’.
• Users of ICV 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.

3. Powers and Policy/Legal Requirements

Internal:

• ICV Standard Operating Procedure (SOP) Guidance
• Memorandum of Understanding – Police Use of Restraint in Mental Health and Learning Disability Settings

Digital Imaging Policy:

• Technical Surveillance Unit (TSU) Advice / Guidance Policy

External:

• Post Incident Procedure Standard Operating Procedure (SOP)
• 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
• Guide to the UK General Data Protection Regulation (UK GDPR)
• Information Commissioner’s guidance for the police, criminal justice and border sector
• PACE Code C - Revised Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers
• Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses and Guidance on using Special Measures MOJ (2011).
• College of Policing Authorised Professional Practice: Road Policing; Police Pursuits guidance.
• National Police Chief’s Council Policing Vision 2025
• Home Office Safeguarding Body Worn Video Data

Legislation covering the police use of cameras can be found in the following Acts of Parliament: 

• UK General Data Protection Regulation (UK GDPR)
• Data Protection Act 2018 - covering the processing, retention, and management of personal data.
• Criminal Procedures and Investigations Act 1996 - covering the disclosure of material in criminal cases.
• Freedom of Information Act 2000 - covering the right of individuals to access recorded information held by public authorities.
• Human Rights Act 1998 - Specifically Art 6 ECHR (Right to a fair trial) and Art 8 ECHR (Right to respect for family and private life)
• Regulation of Investigatory Powers Act 2000 - covering covert directed or intrusive surveillance.
• Police And Criminal Evidence Act 1984 - specifically in respect of identification (Code D) and S64 (Power to photograph without consent)
• Youth Justice and Criminal Evidence Act 1999

Regulation 109

• The Road Vehicles (Construction and Use) (Police Vehicles) Order 2019
• Regulation 109 states that;

No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information.

1. About the state of the vehicle or its equipment;
2. About the location of the vehicle and the road on which it is located;
3. To assist the driver to see the road adjacent to the vehicle; or
4. To assist the driver to reach his destination.

• Police Exemption to Regulation 109 of the Road Vehicles (Construction and User) Order 2019 – Use of Display Screens
• The Vehicle Special Order (VSO) states that single crewed officers will not be able to see the screen over 8mph or limiter icons and applications to any speed over 8mph.
• To comply with this, the driver must ensure that the ANPR application takes primacy on the vehicles mobile data terminal (MDT). The In Car Video application will run in the background.
• Live footage will not be viewable or viewed when the vehicle is in motion.

 

4.  Options and Contingencies

Roles and Responsibilities/Processing 

• Axon will supply the cameras; they will be installed by Fleet Services and a record will be kept in force of the cameras placed in vehicles. RPU and ARV officers will ensure that when damage occurs to any equipment, this will be reported as soon as practical to the Project Team and Fleet Services. Fleet Services will replace damaged/broken cameras and they will support users in relation to issues regarding the back-office system and Evidence.com.
• The Project Team will be a key contact in relation to queries users have regarding the use of ICV. The Project Team will support Champions with additional learning to enable them to support their colleagues. They will provide any presentations and external training associated with ICV. They will provide updates as necessary in relation to any changes in legislation, equipment, and policy as it arises.
• Champions will act as support for their colleagues in relation to ICV, they will have a good understanding of the cameras, back-office system and supporting procedures to advise and assist. Champions will not act as trainers but can assist with minor practical day to day issues and signpost to the appropriate points of contact. Champions will liaise with the Project Team regarding any issues.
• Investigation Support Units (ISU), Pre-charge Advisors and Criminal Investigation Department (CID) officers will have access to and be trained to use Evidence.com allowing them to view and share footage as and when required.
• Fleet services are responsible for maintenance and management of the cameras.
• Officers are responsible for the correct use of the camera in line with the policy and guidance; they are responsible for the correct management and editing of the images captured and should a case file be submitted; they are responsible for sharing the footage with the necessary Crown Prosecution Service (CPS).

 

• Evidence.com user roles will be as follows:

 

• Dyfed-Powys Police Admin
• Dyfed-Powys Police Armorer
• Dyfed-Powys Police Camera Users
• Dyfed-Powys Police Management/ Force Incident Manager (FIM)
• Dyfed-Powys Police Professional Standards Department (PSD)
• Dyfed-Powys Police Anti-Corruption Unit (ACU)
• Joint Firearms Unit (JFU)
• Dyfed-Powys Police Roads Policing Unit (RPU)
• Dyfed-Powys Police Vehicles

 

5.  Take action and review

It is good practice to have a process in place that assures 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 necessary to review in advance of the two years.

The policy principles and practices are reviewed against the officer’s ability to use the ICV and by officer’s not misusing ICV or the system. The proper use of the ICV and the system can be investigated and reported online via the audit functionality within the system.

All updates or concerns regarding ICV are raised at the In Car Video Project Group which is held monthly and the IT Strategy Group which is held quarterly. All policies, guidance, and other relevant documentation in relation to ICV are brought to the In Car Video Project 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: December 2023