3. Please could you also advise me how cash is accounted for that belongs to such persons and whether a receipt is issued.

Transcription

1 Freedom of Information Request Reference No: I note you seek access to the following information: 1. Information about what happens to possessions and cash of people who are arrested and taken into custody; and about how they get their possessions and cash back after they are released, and at what point. 2. I would also like to have information about what happens to their possessions and cash if they are detained and not released and about how they request for their possessions and cash to be returned at any point in the process. 3. Please could you also advise me how cash is accounted for that belongs to such persons and whether a receipt is issued. Decision I have today decided to disclose the located information to you in full. Please find attached the relevant sections from the MPS Custody Toolkit Version 1 and the NSPIS Computer Training Manual which provide custody staff with information on corporate processes to deal with detainee property. NSPIS is the computer system used within the MPS to log a detainee's time in police custody. Detainee property is recorded on this system within each individual custody record as well as a hard copy Book 105 which is used to audit overall property in police custody possession. The MPS Custody Toolkit provides the corporate process for dealing with detainee property whilst the NSPIS Computer Training Manual directs staff how to apply the process to the NSPIS computer system. Personal property that is returned to detainees is recorded on the NSPIS system for which an electronic signature is requested from the detainee. Although a receipt is not issued a copy of the Custody Record can be requested by the detainee or detainee's legal representation. Question 1 Further information can be found in Code C of PACE, Section 4 - entitled Detainee's Property which underpins MPS policy. Please refer to the following link: 013_Code_C.pdf

2 What happens to possessions and cash is mentioned under section D78 of the Custody Toolkit. Restoration of property is covered in the Training Manual on page 3 under Return. Question 2 Possessions of detainees not released is mentioned in the Custody Toolkit under Section D83. Detainees can request items of property whilst in custody but restoration is subject to the Custody Officer's risk assessment. The Subtraction process can be used if restoration during detention is approved which is mentioned on page 2 of the Training Manual. Question 3 Cash is specifically mentioned under section D78 of the Custody Toolkit. Personal property that is returned to detainees is recorded on the NSPIS system for which an electronic signature is requested from the detainee, as per page 3 of the Training Manual under Return. Although a receipt is not issued a copy of the Custody Record can be requested by the detainee or detainee's legal representation. Territorial Policing Command

3 D78 - Can a detainee keep their shoes, glasses, jewellery etc? Each detainee should be treated on a case by case basis, and anything that they are allowed to keep with them should only be allowed based on the information obtained about the detainee. Any item that is retained by police must be recorded on the appropriate NSPIS property page, where the reasons for retention are shown. If NSPIS is unavailable and paper records are used, the property must be shown as KEPT BY POLICE, with the reasons why it has been retained, and the detainee must be invited to sign that the list is correct. The searching officer must then add their signature. N.B. It is the Custody Officer s responsibility to authorise the retention of property, not the DDO s. A detainee s property must not be retained and placed outside their cell or detention room. Coins and Keys Custody Officers and DDOs must keep all coins and keys from all detainees who are to be placed in a cell or detention room. Amongst other reasons, this is to prevent the items being placed in recesses and used as a ligature point. Clothing If a detainee is believed to be at risk of suicide or self-harm, the seizure and exchange of clothing will not remove the risk but may increase the distress caused to the detainee and, therefore, increase the risk of the detainee self-harming. Leaving a detainee in their own clothing may help to minimize, or even remove, the risk. Personal Cash When personal cash is retained by police, the respective amount in figures must be entered on the GENERAL RECORDING tab of the NSPIS property screen. Do not use the CASH TAB. Cash that is the subject of investigation must be entered separately in a similar manner unless it is necessary for evidential reasons to list bank notes or coins in more detail. If requested by the detainee, personal cash may be handed over to a third party against receipt on the NSPIS Subtraction Authorisation page. Where a detainee s personal cash is less than 20, this may be retained with his/her other property. Where the amount exceeds 20, the cash must be bagged separately and stored in the custody office safe. Further details regarding cash handling can be found in Item 1, Police Notice 32/09. D83 - What do I do if property needs to be transferred? Whenever a detainee and their property is transferred to another police station within the MPS, to another police force, to court, to any other agency such as SERCO, or to a community home or hospital, the Custody Officer or DDO must ensure that the escort: Signs for the detainee and any property on the NSPIS Receipt for property and person page; If police are transferring property with a detainee to a non-nspis station, the escorting officer(s) should:

4 o Take two copies of the NSPIS Receipt for person & property form to the receiving station/agency o Obtain a signature for the person and any property from the receiving Custody Officer, or responsible person at another agency, on the signed copy o Hand the transfer copy of the NSPIS Receipt for person & property form to the Custody Officer at the receiving station, or a responsible person at another agency o Return with the signed NSPIS Receipt for person & property form copy and file it with the original record In all other cases use the standard NSPIS prisoner transfer procedure. A Custody Officer receiving a detainee in a case where NSPIS is not being used must (after ensuring that the property is correct) sign the receipt on this copy of NSPIS Receipt for person & property form and file it in the custody record at the receiving station. In NSPIS cases, use the normal NSPIS procedure. Property for Detainees Being Transferred to Prison The prison establishment prohibits certain items of property within their environment and exercises strict control over others. In the spirit of assisting the Prison Service, custody staff should carefully consider which items of a detainee s property are transferred with them when it is likely or known that the detainee will be transferred to prison either directly or indirectly from police custody. Items prohibited within the prison environment include: Aerosols Alcohol Explosives Drugs * Magnets Metal Cutlery Toy guns Wax Weapons Wire * (unless prescribed by the prison health centre) Items controlled and monitored within the prison environment include: Alarm clocks Cameras Chewing Gum Clingfilm Food Glass Glue Matches Mobile phones Rope Solvents Syringes Tin foil Tools Vinegar Yeast

5 Protective Marking Not Protectively Marked FOIA exemption N Suitable for Publication Scheme? Y/N Y Title and version Extracts from the MPS Cu stody Office r NSPIS Training Manual Relating t o Detainee P roperty Author and warrant /pay numbe r Creating Branch, Code and Operational Met Detentio n Command Unit/ Directorate Date created 09 April Review Date 09 April Property The initial prope rty screen is self-explanato ry ; the only foreseeable problem will be when the question appears record prope rty Y/N. If "N" is selected it comes back as prisoner not searched. Therefore the way to show no prope rty found is to show a "Y" and leave the fields empty. To show changes in the prope rty : Ma i n Menu - Custody Record - Property This allows for several changes to be made. Additions Main Menu - Custody Record - Property - Addition s Completed if extra property is found on the subject or for example following a Sec 18 search. A self-explanatory form few problems expected. 18(1 ) Subject to the following provisions of this section, a constable (or designated person) may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence other than items subject to legal privilege, that relates - (a) To that offence ; OR (b) to some other indictable offence which is connected with or similar to that offence. 18(5) A constable (or designated person) may conduct a search under subsection (1) : - (a) Before the person is taken to police station (or SOCA office) or released on bail under section 30A ; AND (b) without obtaining an authorisation under subsection (4), if the condition in subsection (5A) is satisfied. MPS FOIA Disclosure

6 18(5A) the condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence. Subtraction Authorisation Main Menu - Custody Record - Property - Subtraction Authorisation Used to restore property to a third party. Highlight the item(s) to be handed over to the nominated person. Type in the name of the recipient and if any cash is to be handed over, show this in the cash field. The prisoner now signs as correct and this then activates the "Receipt" tab. Enter the details of the nominated person. (Note that the cash amount shown is wrong). The nominated person then signs as receiving and once completed the amount changes. If you have removed some money, but are retaining some, a screen will appear prompting you to amend the bag security number and location of the property. No entry is made into the custody log so good practice would be to enter a free text entry showing the subtraction. Purchase Authorit y Main Menu - Custody Record - Property - Purchase Authority Used when items are bought for and on behalf of the prisoner using their cash. Show the description of the item to be bought i.e. cigarettes, and then click for the prisoner to sign. No log entry is made so again a free text entry should be made. Purchase Details Main Menu - Custody Record - Property - Purchase Details Once it opens, highlight the relevant entry and press "OK". A purchase box appears. Simply enter the amount required ; as you click into the digitiser code box, the amount is then deducted. Type in the user digitiser code and press "OK". Again no log entry made. Purchase receip t Main Menu - Custody Record - Property - Purchase Receipt A simple form that once completed shows the new cash totals. Again if the bag needs re-sealing a screen will appear for you to show new security and location numbers To view the new totals, open the Explorer table and click on the + beside "Property". This in turn opens the forms created. MPS FOIA Disclosure 2

7 Transfer Main Menu - Custody Record - Property - Transfer Used to show movement from one place to another, to the property stores for example. Highlight the item(s) to be transferred. Click on the details tab and complete the fields. ENSURE THAT SOME ITEMS ARE LEFT TO USE LATER Return Main Menu - Custody Record - Property - Return Used to restore property to the prisoner on releas e The screen opens with the entire items highlighted ready for a signature. Receipt of Prope rty and Person Main Menu - Custody Record - Property - Receipt of Property and Person Used when transferring the prisoner to another station or to court. When you click on Main Menu - Custody Record - Property at the bottom of the dropdown list is "Record Security Numbers", used if bags are altered or renewed or if omitted when first recording property. MPS FOIA Disclosure 3