Restricted FORCE PROCEDURES. Forensic Submissions Procedure. Procedure Review Date: September 2013

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1 FORCE PROCEDURES Forensic Submissions Procedure Procedure Reference Number: Procedure Author: John Wright Procedure Review Date: September 2013 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date (Author(s)) Version 1.2 Restricted 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities Guidance Procedure Aim Appeals Review Version 1.2 Restricted 2

3 1. Responsibilities Crime Scene Investigators and Volume Crime Scene Investigators 1.1 Crime Scene Investigators (CSI s) or Volume Crime Scene Investigators (VCSI s) will retrieve forensic evidence, e.g. fingerprint, footwear, DNA, tool mark evidence etc. from volume crime scenes Other samples such as glass and fibres will only be retrieved by Crime Scene Investigator s or Volume Crime Scene Investigator s following consultation with the Forensic Submissions Department (FSD), Forensic Investigations (FI) and the Officer in the Case (OIC) to determine the relevance and potential evidential value of such items The Crime Scene Investigator team leader in consultation with the Officer In the Case will review the forensic evidence collected ensuring that packaging is fit for purpose and the submission to the Forensic Service Provider is relevant The Crime Scene Investigator must stamp and initial the front of the MG 21 form in the appropriate section before forwarding to the local Detective Inspector or above for authorisation. Crime Scene Investigator s are required to carry out this procedure to confirm that the items to be submitted have been packaged in the appropriate manner. This does not apply to drugs submissions. Officer in the Case (OIC) The Officer In the Case will complete the MG 21 form, Submission of Work for Scientific Examination, in consultation with the Crime Scene Investigator. Failure to fully complete the form at this stage may result in a delay in the submission process at a later stage The Investigating Officer who takes possession of any banknotes will record the denominations and serial numbers of the notes in the property book, then package the notes in consultation with the Crime Scene Investigator (CSI). The package will be signature sealed and labeled, including Crime Number and Locard Number, where available, together with exhibit labels, for submission to the Forensic Investigations The Investigating Officer will make appropriate secure arrangements for delivery of the banknotes to Forensic Investigations, Headquarters, Winsford, taking into account the security and evidential value of them and their safe return after examination. Basic Command Unit Crime Manager / Detective Inspector 1.3 The Authorising Officer (Detective Inspector or above) will endorse section 5 of the MG 21 Form Submission of Case for Scientific Examination accordingly The Basic Command Unit Crime Manager must appoint a designated person to oversee the maintenance of the fridge / freezer and management of the contents. Version 1.2 Restricted 3

4 1.3.2 Where a Property Officer is not available, the Basic Command Unit Crime Manager must appoint a designated member of staff and ensure that this person is known to the Forensic Exhibits Courier If the divisional Property Officer or designated person is not available, for example, due to leave or sickness, the Basic Command Unit Crime Manager should nominate a replacement officer for these duties and ensure that the Forensic Exhibits Courier is aware of this change prior to arrival at the police station If the divisional Property Officer or designated officer is not available at the appropriate collection time, the forensic submissions will not be collected or returned. Forensic Services Officer 1.4 Exhibits retrieved from all volume crime scenes and submitted to Forensic Investigations will be assessed by the Forensic Services Officer to meet the criteria for obtaining the best possible cost effective evidence All Forensic Submissions will be checked for accuracy and completeness before they are sent to external forensic providers. Any discrepancies may lead to a delay in the submission process Advise Police Officers on exhibit packaging & submissions process. Forensic Exhibits Courier 1.5 It is the responsibility of the Forensic Exhibits Courier, Forensic Investigations to collect the following items from designated Police stations and property offices for forensic testing:. Forensic submissions including drugs. Crime scene stains / DNA The Forensic Exhibits Courier will collect Arrestee PACE DNA mouth swabs and hair samples from the freezer in the Custody Suites. Collection of Road Traffic Act blood and urine samples will take place at the same time. Property Officer 1.6 The divisional Property Officer is responsible for:. Ensuring that forensic submissions are ready and available for collection.. Requesting a signed & dated receipt from Forensic Exhibits Courier in order to maintain the continuity chain of forensic exhibits.. Taking receipt of and signing for forensic exhibits returned from Forensic service providers All items to be subject of forensic submission must firstly be recorded in the Police Property System. The only exception to this will be in certain major investigations when items have been recorded in a Police Major Incident Exhibits Register and the Version 1.2 Restricted 4

5 Senior Investigating Officer for that investigation had made a written policy entry that the Exhibits Register will replace the Police Property System for the duration of that inquiry All forensic submissions must be detailed on the Cheshire Constabulary Forensic Submissions Continuity Logbook (Form ) (this form is available from HQ Stores). The logbook is a register for all submissions, providing a facility by which divisional staff can track the progress of submissions. It will provide an accessible record of continuity from which; for example, information could be obtained for court if required Each divisional Property Officer must have access to a fridge / freezer designated for sole use as a forensic submissions storage facility. Only items stored in the designated fridge / freezer will be collected by the Forensic Exhibits Courier. 2. Guidance Click Here to Return to Index 2.1 Generic Risk Assessments (GRAs) are required for all aspects of investigative work undertaken by both police officers and support staff. This is a legal requirement within Regulation 3 of the Management of Health and Safety at Work Regulations Trained Risk Assessors are mainly experienced police officers and support staff in middle management roles and are responsible for providing written risk assessments. These assessments may be generic but should be continually reviewed against the operational task. This does not remove the onus placed upon individual officers and supervisors to constantly assess their own roles and requirements and to identify any health and safety issues at the earliest opportunity. Crime Scene Investigators 2.2 All exhibits retrieved from volume crime scenes to be submitted for forensic analysis, including DNA submissions, where there is a suspect or suspects, will be listed on the MG 21 form Submission of Case for Scientific Examination In relation to crime scene stains where there is no suspect, the Crime Scene Investigator will submit the exhibits for prompt inclusion on the national DNA database using the Submission of Crime Stains (DNA) for the National DNA Database form (see Appendix A ). There is no requirement for further authorisation of this form Reference in this policy to a suspect means there is sufficient information known to the police to justify the arrest of a particular person for suspected involvement in the offence. Detective Inspector 2.3 It is the responsibility of the divisional Detective Inspector to ensure that any drugs to be submitted are ready for collection by the Forensic Exhibits Courier on the designated day. If not available at that time, the Detective Inspector must nominate Version 1.2 Restricted 5

6 an appropriate officer to liaise with the Forensic Exhibits Courier on arrival at the police station and to facilitate the collection of any drugs. Retrieval of Exhibits from Volume Crime Scenes 2.4 Crime Scene Investigators (CSIs) and Volume Crime Scene Investigators (VCSIs) will attend volume crime scenes in accordance with the Crime Scene Attendance and Crime Investigation procedures. Automatic Retrieval 2.5 Automatic retrieval of the following items will take place:. Fingerprints (including elimination fingerprints). Footwear impressions. Potential sources of DNA. Tool mark impressions Assessed Retrieval 2.6 Other samples, e.g. glass and fibres, may be less effective in providing evidence from the crime scene. To determine the relevance and potential evidential value of such items, the Crime Scene Investigator or Volume Crime Scene Investigators will consult with the Officer in the Case (OIC) prior to retrieval The presence of a person in custody may influence this decision making process. Submission of Forensic Exhibits 2.7 Where a suspect has been identified and there is potential forensic evidence to enhance the case, consultation between the Crime Scene Investigator and Officer In the Case should take place regarding the completion of the MG 21 form and appropriate submission forms Fingerprints retrieved from the scene will be submitted to the Fingerprint Bureau, Forensic Investigations (FI) by the Crime Scene Investigator within 48 hours. The Officer In the Case must make reference on the MG 21 form that potential fingerprint evidence has been retrieved. The Atlas system should be updated to reflect this information Elimination fingerprints will, wherever possible, be taken by the Crime Scene Investigator and must be submitted to the Fingerprint Bureau as soon as possible Footwear impressions recovered from volume crime scenes will be submitted to Forensic Footwear Unit by the Crime Scene Investigator where there is a suspect whose footwear has been seized for comparison. Every effort should be made to package footwear in window sacks with the sole clearly visible DNA exhibits such as blood, rooted hair, cigarette ends and chewing gum should be packaged and stored before submission in consultation with the Crime Scene Investigator. Where no Crime Scene Investigator is available, appropriate advice can be obtained from the DNA Guidelines database. Version 1.2 Restricted 6

7 2.7.5 All exhibits retrieved from volume crime scenes to be submitted for forensic analysis, including DNA submissions where there is a suspect or victim for elimination, will be listed on the MG 21 form In relation to crime scene stains where there is no suspect, the Crime Scene Investigator will submit the exhibits for prompt inclusion on the national DNA database using the Submission of Crime Stains (DNA) for the National DNA Database form. There is requirement for further authorisation of this form by the Crime Scene Investigator team leader to agree the forensic viability of the proposed crime stain submission Tool marks recovered from volume crime scenes will only be submitted to Forensic Investigations by the Crime Scene Investigator where tools have been seized for comparison. In the case of tool marks, the cast and tool should be appropriately packaged and stored before submission The final decision on the submission of any exhibit lies with the Head of Forensic Investigations in consultation with the Basic Command Unit Crime Manager It should T be necessary for officers to travel to the Forensic Science Provider themselves, as this is a considerable drain on resources. This also disrupts their reception scheduling for other forces. However, it is realised that on occasions and in very urgent cases, where delaying the submission would seriously hinder the investigation, the submission can be authorised by an Inspector or above in consultation with the Forensic Submissions Department. Levels of Service 2.8 To prioritise work and ensure that cases, particularly those with custody or statutory time limits defined in the relevant legislation, are completed on time, the following levels of service have been defined. In complex cases and in indictable only cases work should be prioritised so that the most relevant examinations are completed first. Definition Job 2.9 A job can be considered as a portion of work within a case, needed to answer a specific question and which has a specific timeliness requirement. Jobs should be reflected in the wording of What are the points to prove? section of the MG 21 form All casework received at the Forensic Science Provider is prioritised in line with the requirements of the Crime and Disorder Act and force policy. Casework that needs to meet certain time requirements under the Act is classified as urgent cases; all other casework is classified as standard. These timescales are aimed at reducing unnecessary delay and enhancing the overall judicial process. Urgent Cases 2.10 URGENT CASES MUST BE AUTHORISED BY A DETECTIVE INSPECTOR OR ABOVE IN SECTION 10 OF THE MG 21 FORM. Version 1.2 Restricted 7

8 This category is restricted to certain types of case by virtue of the status of the victim/offender or where there is a custody or statutory time limit. Following charge other individual cases may be classified as urgent at the request of the Crown Prosecution Service. In such cases a copy of the Crown Prosecution Service request should accompany the MG 21 form Cases that are submitted pre or post charge will have an identifiable key date which should be given on the Suspect Key Dates section of the MG 21 form Requests for urgent work should be discussed with the Forensic Submissions Department prior to submission. Urgent jobs may include the following examples, all of which either aid the identification of a suspect or define work necessary to press a charge. Examples of the types of jobs considered to be urgent:. PACE requirements where the detention of persons without charge is an issue (PACE s41 44). Packages of work within a case where the results of the scientific examination are essential to inform the course of an investigation and where speed of response is imperative. For example: Drugs test purchases. Identification of shoe sole patterns left at the scene to identify the make of a shoe. DNA samples from a victim such as swabs taken from victims in rape cases, or foreign bloodstains on a victim s clothing. Fatal Road Traffic Collisions including scene visits and identification of vehicles from scene where the suspect has failed to stop Urgent jobs will also need to be identified on a case to case basis and agreement reached between nominated specific liaison staff representing both Police and the Forensic Service Provider Urgent jobs do not apply where a person has been charged nor do they apply to the submission of fingerprint evidence Completed MG 21 forms must be endorsed by a Detective Inspector or above in section 5 of the form. Any MG 21 Forms not authorised by the divisional Inspector or above will not be accepted for submission and left at division As a premium charge is applied to the processing of urgent jobs, all requests must be passed to the Forensic Submissions Department for authorisation. Standard Cases 2.12 All non-critical cases will be classified as standard. The outcome of these examinations will be provided on the basis of a default dispatch date reflecting the Forensic Service Provider contracted turnaround times The Forensic Service Provider and Forensic Submissions Department must be notified immediately of any change in status of the case Version 1.2 Restricted 8

9 For assistance in completing the MG 21 forms, please refer to Manual of Guidance All submissions must be prepared and ready for collection by the Forensic Exhibits Courier on the designated dates. This will provide continuity in the delivery service. MG 21 forms not stamped and initialed by the Crime Scene Investigators will not be collected or forwarded. Secondary checking of MG 21 forms by the Forensic Exhibits Courier will take place and any queries brought to the attention of the submitting officer. Submission of Banknotes & Counterfeit Currency 2.13 Submissions not exceeding 50 or equivalent in foreign currency may be submitted through the secure internal postal system Submissions exceeding 50 or equivalent in foreign currency must be delivered by hand. These submissions will be opened and counted in the presence of the delivering officer and the accompanying documentation signed by both parties On return, the banknotes or counterfeit banknotes will be treated as exhibits if appropriate and securely stored in a safe according to local arrangements Consideration should be given to placing large amounts of money in an account attracting high interest to mitigate claims in relation to lost investment opportunities at a later date At the conclusion of an investigation, soiled Bank of England notes and counterfeit currency will be surrendered to local banks for destruction and/or replacement as appropriate. Collection and Return of Drugs 2.14 It is the responsibility of the divisional Detective Inspector to ensure that any drugs to be submitted are ready for collection by the Forensic Exhibits Courier on the designated day. If not available at that time, the Detective Inspector must nominate an appropriate officer to liaise with the Forensic Exhibits Courier on arrival at the police station and to facilitate the collection of any drugs All drugs collected from division must be accompanied by the MG 21 forms with the appropriate drugs register reference number marked alongside, and in addition to, the police reference number The Crime Scene Investigator does not have to endorse the MG 21 form in relation to drugs submissions All drugs will be returned to division by the Forensic Exhibits Courier to the Detective Inspector or nominated officer who will place the drugs in the divisional drugs safe. Alternatively they will be handed to the Station or Duty Sergeant who will sign for their receipt and place them in the Station Sergeant s Version 1.2 Restricted 9

10 secure store until they can be returned to the Detective Inspector. The Forensic Submissions Returns Form will be signed on receipt. Time of Collection and Return of Submissions 2.15 Forensic submissions will be collected on a weekly basis as agreed by Forensic Investigations and the appropriate division Samples for return to force will be collected by the Forensic Exhibits Courier and taken to the submitting division. They will be handed to the divisional Property Officer who will sign for their receipt and will be responsible for advising the Officer In the Case of their return and safe storage No accurate timescale for arrival can be given as the Forensic Exhibits Couriers have no control over the amount of cases/exhibits requiring collection at a given division Following collection, all forensic submissions will be forwarded by the Forensic Submissions Department to the appropriate laboratory. Notification of Results 2.16 The Forensic Service Provider on completion of their examination will submit a statement of their findings to the Officer In the Case The Forensic Service Provider will measure and record performance effectiveness. They will also forward a further copy of the statement of their findings and an invoice to the Forensic Submissions Department Suspects will not be charged solely on the basis of information contained within a DNA intelligence hit Officers are reminded that this process is disclosable to both the public and the defence and therefore the Officer in the Case must keep copies of completed forms with the case file Reference in this policy to a suspect means there is sufficient information known to the police to justify the arrest of a particular person for suspected involvement in the offence. 3. Procedure Aim Click Here to Return to Index 3.1 The Cheshire Constabulary is committed to maintaining and improving performance in relation to forensic investigation. The force will concentrate primarily in the areas of DNA and fingerprints recovered from crime scenes and offenders by the thorough analysis of this and all other forensic evidence. Version 1.2 Restricted 10

11 3.2 This policy relates solely to the retrieval and submission of forensic exhibits and does not detract from an officer s obligation to exercise their professional judgment in the assessment of crime scenes and subsequent requests for crime scene examinations. 3.2 The aim of this procedure is: - To provide clear guidance and instructions to all Constabulary members in the retrieval and submission of exhibits for forensic examination from crime scenes. - To enhance the efficiency, effectiveness and professional standards of forensic investigation. - To provide a structured framework for the assessment of forensic submissions and thereby ensuring that resources are focused on and dedicated to obtaining the best possible evidence. 4. Appeals Click Here to Return to Index 4.1 Any member of staff from the organisation may appeal against any part of this procedure and due consideration will given to any valid representations made which would improve on the processes in place. Appeals should be raised through the Head of Forensic Investigations. 5. Review Click Here to Return to Index 5.1 This procedure will be formally reviewed 36 months after implementation to consider the following: Its effectiveness in the business area concerned Any changes to legislation Challenges to the procedure Any identified inefficiencies in relation to implementation Impact on diversity and equality (Low on the Race Diversity Impact Assessment Template) Click Here to Return to Index Version Date Status Authorised TvR s comments /04/10 Draft for consultation J Wright Version 1.2 Restricted 11

12 Procedure Review Form Title: Forensic Submissions Procedure Procedure Author: John Wright Tel. Ext.: 2419 Procedure approved by: Hugh Owen Linked to Policy: Forensic Management Date Approved: 17/09/10 Procedure Review When was the procedure last reviewed? January 2004 Is this procedure still required? Yes If No, contact the Force Information Centre to Could this procedure be No consolidated with another? Does this procedure involve significant change to working practices that will have a resultant impact on service delivery, budget or operational risk? What forms are linked to this procedure? archive the document If Yes, contact Business Management to arrange a joint review No If Yes, inform Business Management Ensure all forms included in the procedure are reviewed. If amendments are required to any forms contact the Force Forms Administrator within Design and Print. Has the procedure considered the following? What evidence is in the procedure to support this? Resource implications Yes No Change to current practice Finance implications Yes No Change to current practice IT Service implications No No requirement Policy Owner Sign Off I authorise this procedure for publication / I have forwarded the procedure to an ACPO member for consideration * Delete as appropriate Policy Owner: Hugh Owen Signed Date: 17 th September 2010 ACPO Member Sign Off I authorise this procedure for publication / I do not authorise this procedure for publication * Delete as appropriate ACPO Member: Signed Date: Version 1.2 Restricted 12

13 Procedure Human Rights Review List legislation relevant to the procedure: Human Rights Compliance Assessment Has any of the legislation / case law changed since the last review? Has procedure changed since last review? PACE Other: No Yes If No to both questions then previous compliance test stands As a result of the application of the procedure, which Articles are likely to be infringed? 8 Respect for private and family life No 9 Freedom of thought, conscience and religion No 10 Freedom of expression No 11 Freedom of assembly and association No For each Article infringed, identify the legitimate aim(s) that justify the infringement: Legitimate Aim Article 8 Article 9 Article 10 Article 11 National Security Public safety Economic wellbeing of country Prevention of crime and disorder Protection of public order Territorial integrity Protection of reputation and rights of others Preventing disclosure of information received in confidence Maintaining authority and impartiality of judiciary Protection of health or morals Protection of rights and freedoms of others Is the interference the least intrusive option to achieve the identified legitimate aim? Is the interference justified and proportionate with regard to the identified legitimate aim? Is the interference identified applied in a non-discriminatory manner? Are decision making processes and outcomes of actions documented? Article 8 Right to Respect for Private and Family Life Everyone has the right to respect for his private and family life, his home and his correspondence. Article 9 Freedom of Thought, Conscience and Religion Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. Article 10 Freedom of Expression Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. Article 11 Freedom of Assembly Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. Version 1.2 Restricted 13

14 Section A Restricted Procedure Race and Diversity Impact Assessment Title of Procedure: Forensic Submissions Procedure Has a Diversity Impact Assessment been previously completed? If Yes, when and was it H/M/L? If No, go to Section B Has the procedure changed sufficiently to require a further impact assessment? If Yes, go to Section B. If No, go to Section C If no impact assessment has been completed or a further assessment is required, complete the following flowchart to identify whether the procedure has a potentially Low / Medium / High impact and bear in mind the recognised 6 strands of diversity: Minority Ethnic communities including asylum seekers and Gypsies Gay, Lesbian, Bisexual and Transgendered members of the community Age Religion Gender Disability Section B Please complete the following flowchart and put an X in the box next to the score you have assigned the procedure: No No YES Does the procedure only relate to an internal process? Does the procedure affect staff employment / development? YES LOW x Could the procedure be applied with discretion that might discriminate against a minority group? Is data with minority indicators collected? YES Ensure monitoring procedures are in place and then re-answer the question YES YES Is data with minority indicators collected? Does the procedure show the potential for discrimination? YES YES Does the procedure show the potential for discrimination? Could application of the procedure affect community relations? Are all reasonable safeguards and processes in place to ensure any potential discrimination is minimised? YES YES MEDIUM HIGH MEDIUM LOW Version 1.2 Restricted 14

15 If on completion of the flowchart you consider that the initial impact assessment should be raised then please re-grade the impact as High or Medium. Initial Impact Assessment raised? No If Yes then, was it raised to Medium / High Section C - Race and Diversity Impact Assessment 1. Does this activity present an opportunity for improving race/community/disability/ age/gender or sexual orientation relations? If so, how? 2. Is there public/political concern in relation to race/disability/age/gender/ sexual orientation/community issues attached to this activity? If so, what are those concerns? 3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars? 4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable? 5. What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. use of community intelligence. If reviewing the procedure what are the results of the monitoring? 6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality? 7. When the Race and Diversity impact assessment has included consultation, who was consulted? (Include a summary of the key points) 8. Has the procedure been altered following the consultation? (Include a summary of the key changes) 9. Has feedback been given to the groups No No None involved in the consultation? I confirm that this procedure is compliant with the Constabulary s commitment to Equality and Diversity. Approved by Diversity Advisory Unit Name: Date: Version 1.2 Restricted 15

16 Procedure Health and Safety Health and Safety Assessment If required, guidance for this section should be sought from the Force Health and Safety Advisor. Who will be affected by this Procedure? Police Employees Are any of the existing generic risk No Details if Yes assessments affected by this Procedure? Is a new risk assessment required by this No Details if Yes procedure? Does this procedure require revised No Details if Yes Health and Safety training for Staff? Does this procedure require revised No Details if Yes equipment for Staff? I confirm that this procedure is compliant with Health and Safety legislation and regulations. Approved by the Force Health and Safety Department Name: Date: Procedure Quality of Service Commitment Quality of Service Commitment The National Quality of Service Commitment sets out the standards and services the public can expect when they make contact with the police. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon quality of service and specifically a National Quality of Service Commitment? No If YES answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Making it easy to contact us Yes / No Providing a professional and high Yes / No quality service Dealing with your initial contact Yes / No Keeping you informed Yes / No Ensuring your voice counts Yes / No Victims of Crime Yes / No Other service commitments Yes / No Complaints Yes / No What changes, if any, have been made to the procedure to reduce an adverse impact on quality of service? If the procedure adversely affects quality of service, can it be justified because of the overall objectives? Yes / No If Yes, give details Version 1.2 Restricted 16

17 Procedure Victims Code of Practice Victims Code of Practice The Code of Practice for Victims is a statutory requirement and establishes the minimum service levels to be given to any person who has made an allegation to be the victim of a crime to the police or has had such an allegation made on their behalf. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon the service provided to No victims of crime and, specifically, compliance with the Victims Code? If YES answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Persons entitled to receive services / No under the Code Vulnerable or Intimidated victims / No Crime Reporting, Assessment and / No Victim Support Investigation / No Family Liaison Officers / No Arrest and Bail / No Decisions to bring Criminal / No proceedings Bailing of Persons to Court / No Other disposal methods / No Youth Offending Teams / No Requests from the Criminal Injuries / No Compensation Authority and/or the Criminal Injuries Compensation Appeals Panel Information about the Criminal Cases / No Review Commission What changes, if any, have been made to the procedure to reduce an adverse impact on the service given to victims of crime and to maintain compliance with the Code? If the procedure adversely affects the service given to victims of crime and compliance with the Code, can it be justified because of the overall objectives? Yes / No If Yes, give details Procedure Data Protection Data Protection The Data Protection Act applies to personal data. This is defined as information relating to a living individual, who can be identified either from the information itself or indirectly by combining the information with other data available. All personal data must be dealt with in accordance with eight Data Protection Principles. I confirm that this procedure is compliant with the Data Protection Act Approved by Data Protection Officer Name: Date: Version 1.2 Restricted 17

18 Procedure Freedom of Information Freedom of Information The Freedom of Information Act 2000 requires that all public authorities develop and maintain a publication scheme. Cheshire has adopted the ACPO publication scheme model. This requires that force policies and procedures are routinely made available to the public on the force website. Approved by Procedure Author (please complete one of the following statements) This document is considered by the Author to be suitable for publication Name: Date: This document is considered by the author not to be suitable for publication and is exempt in accordance with section(s) 31 Law enforcement of the Freedom of Information Act 2000 Name: John Wright Date: 23/04/2010 Approved by Freedom of Information Officer I confirm that this procedure is compliant with the Freedom of Information Act Name: Date: Procedure Management of Police Information Management of Police Information (MoPI) The "Management of Police Information" (MoPI) Guidance follows the publication in July 2005 of a Code of Practice on the management of police information developed by the Home Secretary under the Police Act This Statutory Code was part of the government's response to the recommendations of the Bichard Inquiry into the circumstances surrounding the tragic murders in Soham and was designed to provide a common national framework for the management of police information, highlighting the importance of common standards in high risk areas of activity. The Force has a duty to be MoPI compliant in all business areas by 2010 and will be subject to HMIC inspection thereafter. To support this, the procedure has been developed in accordance with the Force Information Management Strategy, MOPI Guidance and Codes of Practice. Further information is available on the Force Information Centre by clicking the above links. Does the procedure deal with the collecting, recording, evaluating, sharing, retaining or disposal of police information? If so, does it contain documented guidance covering roles and responsibilities? Yes I confirm that this procedure is compliant with the Management of Police Information Guidance 2006 Approved by MoPI Officer Name: Date: Version 1.2 Restricted 18

19 Procedure Force Solicitor s Office Vetting Force Solicitor s Office Procedure Vetting I am also satisfied that this procedure does not disadvantage the Force or place it in a position of legal vulnerability. I have reviewed this procedure and can confirm that in my opinion all engagement of articles from Human Rights Act are lawful, proportionate and necessary. Approved by the Force Solicitor s Office Name: Date: Procedure Risk Management Risk Management Does the procedure have any impact on organisational risk? Organisational risk includes anything that has the potential to impact upon the Constabulary s assets, earnings, reputation, performance or personnel. An example of this could be where the Constabulary decides not to adopt national guidance in the application of its procedure. Perceived to be low risk as based on existing procedures which operate to ACPO good practice guidance. Procedure Values Check Values Checklist The force has developed a set of core values which should be reflected in all our policies and procedures so the values can be systematically embedded in our daily tasks and processes. A Values Checklist has been developed to assist staff who are writing a new or updating an old procedure to provoke ideas that may not have been previously considered. I confirm that this procedure is compliant with the Force Values. Name: John Wright Date: 23/04/2010 Procedure Promotion and Distribution Promotion and Distribution How will staff be made aware of the procedure? The procedure will be published in Weekly Orders, put on the force Intranet page and stored on the Force Information Centre database. Version 1.2 Restricted 19