FORCE PROCEDURES Seizure and Disposal of Alcohol and Tobacco from Young Persons Procedure Reference Number: 2007.02 Procedure Author(s): Corey Estensen Sgt Graham Hale Procedure Review Date: January 2008 At the time of ratifying this procedure, the authors are satisfied that this document complied with relevant legislation and Force requirements. Sign and date C Estensen, 09/01/07 Sgt G Hale, 09/01/07 (Author) (Author) Seizure of Alcohol and Tobacco V.1.4 NOT PROTECTIVELY MARKED 1
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. Procedure Aim...4 Responsibilities...3 Guidance...3 Appeals...5 Review...5 Procedure Review Form... Error! Bookmark not defined. Procedure Human Rights Review... Error! Bookmark not defined. Procedure Race and Diversity Impact Assessment... Error! Bookmark not defined. Procedure Health and Safety... Error! Bookmark not defined. Procedure Victims Code of Practice... Error! Bookmark not defined. Procedure Quality of Service Commitment... Error! Bookmark not defined. Procedure Crime and Disorder... Error! Bookmark not defined. Procedure Management of Police Information... Error! Bookmark not defined. Procedure Freedom of Information... Error! Bookmark not defined. Procedure Data Protection... Error! Bookmark not defined. Procedure Force Solicitor s Office Vetting... Error! Bookmark not defined. Seizure of Alcohol and Tobacco V.1.4 NOT PROTECTIVELY MARKED 2
1. Responsibilities NOT PROTECTIVELY MARKED 1.1 The seizure of alcohol is covered by two Acts. Section 12 of the Criminal Justice and Police Act 2002 states that if a Police Officer reasonably believes that a person is, or has been, consuming alcohol in a designated public place or intends to consume alcohol in such a place, the Officer may require the person concerned to surrender any alcohol in their possession. 1.2 Where young people under the age of 18 are consuming alcohol, Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 states that if a Police Officer, reasonably suspects that a person in a relevant place is in possession of alcohol and that they are under the age of 18, the Officer may require the person concerned to surrender alcohol in their possession. 1.3 In both cases, an Officer may dispose of anything surrendered to them in such a manner that they think fit see Section 1.6. 1.4 Under the Children and Young Persons Act 1933, Police officers have the power to seize tobacco from young people under 16 and to dispose of that tobacco. 1.5 Under the Police Reform Act 2002, Police Community Support Officers may also have the power to confiscate alcohol and tobacco, under circumstances as defined by the Chief Constable. 1.6 To ensure the effective monitoring of this policy for any disproportionality a stop form must be completed every time alcohol or tobacco is seized under this procedure. 1.7 It is the responsibility of an Officer of the rank of Inspector, or above, to determine the appropriate means of disposal for confiscated alcohol and tobacco. 2. Guidance Seizure of Alcohol 2.1 The Officer who seizes the alcohol should ensure that the unopened seized goods are taken to either the nearest Police Station, or the nearest Custody Unit, and that the goods are entered into the Property system or custody record. 2.2 Opened cans, bottles or cartons of alcohol should be disposed of, by pouring the contents down the nearest available drain or other suitable place (agreed United Utilities 07/11/06). A detailed pocket note book entry is required. 2.3 To ensure the effective monitoring of this policy for any disproportionality a stop form must be completed every time alcohol is seized. 2.4 Permission should be sought from an Officer of at least the rank of Inspector on how to dispose of any seized unopened alcohol. Examples of appropriate disposal are: Seizure of Alcohol and Tobacco V.1.4 NOT PROTECTIVELY MARKED 3
Donation to a hospice. Donation to a charitable good cause for a registered raffle Donation to a Registered Charity for fundraising If none of the above options are suitable then the container(s) should be opened, the alcohol should be disposed of, by pouring the contents down the nearest available drain or other suitable place and the containers should then be disposed of in an appropriate waste disposal or suitable recycling receptacle. 2.5 Details of the unopened cans, bottles or cartons of alcohol for disposal should be submitted to the appropriate Inspector via e-mail. 2.6 In all cases of donation, there should be no profit arising, either to the Force or to any individual. Favourable publicity arising from the donation is acceptable, so long as there is no monetary value attached to it. Seizure of Tobacco 2.7 The Officer who seizes the tobacco should ensure that the seized goods are Destroyed there and then and placed in a bin or other appropriate waste disposal receptacle, a detailed pocket note book entry is required or Taken to either the nearest Police Station, (or the nearest Custody Unit if the offender has been arrested), and that the goods are entered into the Property system. 2.8 To ensure the effective monitoring of this procedure for any disproportionality a stop form must be completed every time tobacco is seized 2.9 All items of confiscated tobacco whether opened or unopened should be destroyed under supervision and put into an appropriate waste receptacle. Cheshire Constabulary has consulted with charities regarding the ethics of a tobacco gift ; and has come to the conclusion that they should not be considered for donation, due to the possible repercussions involved in making a gift of a carcinogenic substance. 3. Procedure Aim 3.1 Cheshire Constabulary is committed to building safer and stronger communities by preventing criminal and disorderly behaviour. Part of this process involves the confiscation of alcohol consumed in public places, the confiscation of alcohol consumed by young people under the age of 18, and the confiscation of tobacco used by young people under the age of 16. 3.2 The purpose of this document is to ensure that alcohol and tobacco seized by Cheshire Constabulary is handled and disposed of in an appropriate manner. Seizure of Alcohol and Tobacco V.1.4 NOT PROTECTIVELY MARKED 4
4. Appeals NOT PROTECTIVELY MARKED 4.1 If the alcohol or tobacco is seized under the above legislation then any appeals on its return can be made to an officer of at least the rank of Chief Inspector where the alcohol/tobacco is seized. 5. Review 5.1 This procedure will be reviewed on a yearly basis to ensure that it is still applicable and legally relevant. The next scheduled review date is January 2008; however if there are legislative or procedural changes which affect if before that date, it will be reviewed earlier. Seizure of Alcohol and Tobacco V.1.4 NOT PROTECTIVELY MARKED 5