Property & Evidence Management - Merseyside Police

Property & Evidence Management

(Policy & Procedure)

Publication Scheme Y/N Can be published on Force Website

NOT PROTECTIVELY MARKED

Department of Origin Corporate Criminal Justice (CCJ) Policy Holder Ch Supt Head of CCJ Author Inspector CCJ Related Information Custody Working Practices Manual

Firearms ‘Make Safe’ Standard Operating Procedure Fireworks (Officers Guide) Forensic Science Policy Operational Policing Plan - Firearms, Ammunition or Unexploded Ordnance handed in or reported to the Police Scenes of Crime Handbook SmartWater Guidance Updating of Property on the PNC Vehicle Recovery and Retention Policy

Date First Approved at BMG 22/11/06 This Version V3.0 – Created 10/04/2013 Date of Next Review 10/04/2016

April 2013

Property & Evidence Mgt NOT PROTECTIVELY MARKED CCJ ______________________________________________________________________________________

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Policy Statement Merseyside Police will provide an effective property management system that ensures all property is secured appropriately, correctly identified and all movement tracked. This policy is designed to safeguard the integrity of evidence to support the prevention and detection of crime, and also to improve victim care and public confidence and satisfaction by enabling lost/stolen property to be returned to its rightful owners as efficiently as possible. Merseyside police acknowledges its legislative and common law duty to protect property and its obligation to ensure religious and cultural items are handled, stored and disposed of with appropriate sensitivity. The correct handling of property is vital to the efficiency and good reputation of Merseyside Police. It is in the interest of all staff handling property that great care is used in dealing with all matters covered by this policy, which lays down the procedures to be followed. Aims

To ensure that Merseyside Police meets its legal obligations when dealing with property that comes into its possession in the course of an investigation, or as a result of being found.

To ensure that Merseyside Police does not deprive others of the peaceful enjoyment of their possessions, except in the public interest and subject to the conditions provided for by law.

To ensure that all Officers and Police Staff who are involved with property follow the same principles, deal with it in a corporate manner, treat people fairly and are transparent in our processes. The policy provides detailed guidance to assist Officers, and Police Staff, including EMU Administrators and confirms the processes to be followed.

To ensure all property is handled, recorded and stored in a professional, safe, and timely manner

To ensure retention of all property is critically reviewed To ensure proper and timely return or disposal of property

Objectives

To ensure all staff are aware of their personal accountability and responsibility for property

To prevent the unnecessary retention of property To support the Force ‘Excellence in Policing’ philosophy

Status: V3.0 1 Last Update: 10/04/2013



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Outcomes

Improved handling, recording, storage, return and disposal of property Improved public interface and increased public satisfaction around property issues Reduced requirement for storage space Reduced Health & Safety risks

Measurement

95% of property records comply with current property procedures 95% of property stored in all stores is packaged and labelled correctly 95% of property is disposed of in accordance with procedures or is subject to a written

report justifying retention Legal Basis This policy is necessary to ensure compliance with: -

Sections 19 to 22 of the Police & Criminal Evidence Act 1984 Section B7 of the PACE Codes of Practice The Police (Property) Act 1897 & 1997 Home Office Circular New Regulations Providing for the Disposal or Retention

of Property in the Possession of the Police Data Protection Act 1984

Human Rights Considerations/Articles Engaged

Convention 9.18, Protocol 1, Article 1: Protection Of Property.

42/1997 –




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Procedure

Version History

15/11/2011

V 2.3 – Amendments made to reflect recommendations arising from recent MPA audit with subsequent input by BCUs and Firearms at CJ Practitioners meeting. Changes made: Section 5.6, Paragraphs 7.3.3 & 7.3.4, Paragraphs 12.4.6 – 12.4.13 and 12.5.3 –12.5.10.

12/12/2011 V2.4 – All old references to decommissioned policies removed. References to specific firearms/drugs procedures inserted.

10/04/2013

V3.0 – Amendments made to cater for the new Force procedures utilising the Niche RMS property module and also the use of bar coding equipment.

Removal of all sections relating to lost, found and crime exhibit books

All reference to ‘property staff’ amended to read ‘EMU staff’

All reference to ‘Property Manager’ amended to read ‘Admin Manager’

All reference to CPO amended to read Central EMU

All reference to CPO Manager amended to read Central EMU Manager

Instructions on seizure of counterfeit currency have been amended in line with NCO guidance that stipulates that suspect notes should not have the word ‘Counterfeit’ written on them




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Contents

Responsibilities General Issues Packaging Property Receiving Property into Central Store Property Storage – Location/Duration Property Storage (Advice) Property Movement Property Retention and Timescales Property Disposal Animals Property arising form a Sudden Death Firearms, Ammunition, Explosives, Pyrotechnics Counterfeit Currency Confiscation of Alcohol or Tobacco Products Property Marking Definitions




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1. Responsibilities 1.1 Area Commanders 1.1.1 Area Commanders are responsible for ensuring that their Area has the appropriate

facilities (secure rooms equipped with appropriate storage, shelving and safes) to accept and store property safely and that safes are clearly marked with their insured contents limit. The insurance limits for a locked safe are:

£3,000 (Three Thousand Pounds) for a 24/7 Staffed Enquiry Office

£1,000 (One Thousand Pounds) for all other (part time) Enquiry Offices

1.2 Chief Inspector, Operations Support 1.2.1 The Chief Inspector, Operations Support is responsible for:

a) Line managing property office staff within their BCU, including training and development issues.

b) Establishing and managing a performance framework and ensuring compliance with this policy.

c) Ensuring that the crime and found property systems are updated in a timely manner. xception reporting’ on any items of property not dealt with in compliance with Force

policy, to the BCU Commander and Chief Superintendent, Corporate Criminal Justice who is the policy owner.

e) Checking the Gun Cabinet within the BCU daily and ensuring that items are removed to the Central Firearms Repository at St Anne Street in line with this policy

f) Ensuring regular Health and Safety inspections of property offices are undertaken and all resulting recommendations are actioned.

1.3 Inspectors 1.3.1 Inspectors are responsible for officers and police staff under their command with regard

to all property entering into the possession of the Police Commissioner and must ensure that: a) Items are not unnecessarily retained in the property system. b) Those necessary enquiries to trace owners are undertaken without undue delay. c) Storage of property is monitored proactively with the emphasis on disposal rather

than retention. d) All correspondence regarding property (e.g. property progress enquiries from the

Central Evidence management Unit (EMU)) is dealt with promptly. e) Retention is authorised (in writing) beyond current property guidelines only when

lines of enquiry are being actively pursued or there is some other specific reason for continued retention

f) They accountable to the Chief Inspector, Operational Support for their BCU, and they work in liaison with both local BCU Admin Managers and the Central EMU manager to ensure compliance with property procedures.

g) They give written authority for the storage of a Crime Exhibit in the form of money. The occasions when it is necessary to hold it in cash format for evidence should be rare and will only undertaken where the officer in charge specifically requests it.

d) ‘E




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1.4 Police Officers / Special Constables / Police Staff and Volunteers 1.4.1 Each individual has overall responsibility for any property they receive or seize, ensuring

that:

a) An accurate property record is created within Niche RMS. b) The integrity of evidence is maintained. c) It is packaged and labelled correctly to ensure:

The maintenance of integrity The prevention of cross contamination Prevention of loss or damage Health and safety of anyone who may need to handle the item during transit

and storage d) It is stored securely and safely and its storage location accurately reflected in Niche

RMS. e) It is retained or dealt with as appropriate and in a timely manner, including

appropriate disposal following court proceedings. f) Initial enquiries to trace the owner (when appropriate) are carried out in a timely

manner; g) Property received into the store is subjected to examination for Smart/Water, Ultra Violet

markers and any other form of marking as practicable and appropriate. h) It is returned to the owner (if known and appropriate) without undue delay.

1.5 BCU Admin Managers 1.5.1 BCU Admin managers have specific responsibility to monitor and implement the current

procedures for management of property. They also have responsibility to ensure the provision of and compliance with Health & Safety guidelines within their sphere of responsibility and where appropriate risk assessments are carried out. They are expected to work closely with their Chief Inspector, Operational Support, and Inspectors to ensure enforcement of property procedure and compliance with this policy. They must provide regular management information to their Chief Inspector, Operational Support.

1.6 All EMU Staff 1.6.1 Each individual is responsible for:

a) The safe keeping and handling of all property delivered to them. b) Maintaining accurate records of items in the Niche property system, including current

location and movement of items. c) Maintaining management information. d) Returning or disposing of property in accordance with current property guidelines.

1.6.2 Property must not be disposed of by any means other than those described in the current

property guideline procedures unless at the direction of, or with the express permission of, the manager, Central EMU or an officer not below the rank of Inspector.

1.6.3 Under no circumstances should property be transported to other sites via the internal mail

system.




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1.7 Health & Safety Officer Advisors 1.7.1 In order to encourage and maintain best practice in relation to the receipt, storage and

disposal of hazardous substances which are brought into police custody, the advisors must provide upon request by a property manager, Health and Safety guidelines for the storage and handling of potentially hazardous and heavy items in any property storage facility within their sphere of responsibility. They also have the responsibility to provide advice / guidance / assistance to local management for the conducting of Health & Safety inspections within said property storage facilities on a regular basis.

1.8 Police and Special Constabulary officers 1.8.1 Officers do not have a right to keep or claim any property they may find or seize whilst on

duty. If they find or seize property during the course of their duty they must ensure it is entered it into the Niche property system, or a Low Value Found Property Box before completion of their tour of duty.

1.8.2 However; if they are off duty and find property, they may claim the property as the finder,

if the true owner is not located or does not claim it within 28 days of it being handed in to a police station.

1.9 Police Staff (other than Police Officers and Special Constables) 1.9.1 Police Staff do not have a right to keep or claim any property that comes into their

possession during the course of their duty (i.e. cannot claim property as a finder). Any property coming into their possession during a tour of duty must be booked into the Niche property system, or placed in a Low Value Found Property Box before completion of that tour of duty.

1.9.2 However; if you they are off duty and find property, they may claim the property as the

finder, if the true owner is not located or does not claim it within 28 days of it being handed in to a police station.

1.10 Audit and Inspection 1.10.1 The day to day auditing, and performance/compliance checking of EMU offices and

property systems is the responsibility of the Chief Inspector, Operational Support. The Manager of the Central EMU maintains overall responsibility for auditing and inspecting the application of this policy.

1.10.2 Regular inspections should be undertaken at each BCU to ensure compliance and consistency with Force policy. These Inspections should form part of the Chief Officer’s quarterly review.

1.10.3 As part of the quarterly inspection referred to above, the internal controls associated with Found, Crime and Lost Property books should be reviewed to ensure that:

a) Controlled stationery registers are being utilised and appropriately completed. b) Controlled stationery is stored in a secure location; and c) Controlled stationery is issued in sequential order.

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2. General Issues 2.1 Safe Security 2.1.1. The keys to all property interim stores should be placed on the TRAKA system, with Chief

Inspectors ensuring that keys are booked in and out appropriately. This will reinforce access controls, facilitate a more robust audit trail and make officers more accountable for property that is committed or removed from the interim stores.

2.2 Health And Safety 2.2.1. BCU Area Commanders, in conjunction with, and advised by the Force Health and Safety

Manager and Chief Inspector Ops Support, should arrange for formal risk assessments to be undertaken of their property storage facilities. This will demonstrate compliance with current Health and Safety legislation and provide the basis for managers to prioritise actions in order to manage potential employer liability risks, whilst ensuring the security and integrity of the property.

2.2.2 It is the responsibility of each BCU Admin Manager to ensure appropriate first aid

materials and protective equipment are available for use within the environs of their EMU store.

2.2.3 It is the responsibility of each Area Admin manager to ensure day-to-day compliance with

the relevant Health & Safety guidelines. They are also responsible (if necessary with the assistance of the local Health & Safety Advisor) for ensuring Health & safety Audits are conducted on a regular basis.

2.3 Recording of Property 2.3.1. Merseyside Police records found, suspect and crime exhibit property. Entries should be

made in the Force’s Niche Records Management System. 2.3.2 All staff are reminded that any entry made against a living individual's name is subject to

the requirements of the Data Protection Act 1998, including the requirements to ensure the entry is accurate, relevant, kept up to date and kept secure. The named individual will also be entitled to exercise their right of access to the information pertaining to them.

2.4 Religious / Cultural Items 2.4.1 Anyone coming into the possession of any religious or cultural items should treat them

with appropriate respect and if necessary seek advice from the Community Engagement Team within the Crime and Partnership Delivery Unit, regarding the handling, packaging, storage and disposal of these items. This could include holy books such as The Bible or Qur’an, religious clothing or artefacts.

2.5 Animals 2.5.1 The Clean Neighbourhoods and Environmental Act 2005 places the responsibility for all

functions relating to stray dogs upon local authorities. As a result, police statutory duties in relation to stray dogs ceased on 6th April 2008.




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2.6 Sudden Death - Related Property 2.6.1 Detailed guidance regarding this property type can be found in Section 11. 2.7 Firearms, Ammunition, Explosives, Pyrotechnics 2.7.1 Detailed guidance regarding this property type can be found in Section 12. 2.8 Counterfeit Currency 2.8.1 Detailed guidance regarding this property type can be found in Section 13. 2.9 Passports and Travel Documents 2.9.1 Reference should be made to the Identity & Passport Service (IPS). 2.10 Vehicles 2.10.1 Vehicle Fleet Department handles enquiries regarding removal of vehicles from the road

and recovery arrangements (see also the Vehicle Recovery and Retention Policy). 2.11 Found Property 2.11.1 Reference should be made to the Lost and Found Property Procedures Manual. 2.12 Crime Exhibit Recording 2.12.1 Property submitted as a crime exhibit but with no NICHE occurrence number cannot be

processed by EMU staff. Where property is submitted without being accurately and appropriately recorded on Niche RMS, the property must be returned to the relevant Chief Inspector, Ops Support who should arrange for remedial action to be taken.

2.12.2 The property must be examined for the presence of any covert markers. 2.13 Prisoners Property Recording 2.13.1 Reference should be made to the Custody Working Practices Manual. 2.14 Lost Property Recording 2.14.1 Reference should be made to the Lost and Found Property Procedures Manual.

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3. Packaging Property 3.1 General

3.1.1 Every item of property, including forensic exhibits, must be endorsed with a property number and crime number (if applicable) even when being sent to an outside agency for examination. Appropriate containers or packaging must be employed where necessary (e.g. knife tubes). If in doubt advice and guidance should be sought from the Area / Central Property Office, Area Health & Safety officer, local Crime Scene Investigation Department or / and reference made to the c Science Policy‘Forensi .

3.1.2 Notwithstanding the advice given at 3.1.1. any officer packaging property must give due

consideration to:

a) The evidential integrity and continuity of the item b) Prevention of loss of the item or any part of it c) Prevention of damage to the item d) The use of appropriate hazard warning tape (e.g. biohazard, irritant) e) Secure packaging, including approved knife tubes and sharps boxes, to prevent

interference and cross contamination f) Where an item may cause injury to anyone needing to handle the item (e.g. knives,

firearms, sharps etc.) that packaging is robust and appropriate for transit and storage 3.1.3 All property must be barcoded. The barcode label should either be stuck onto the

packaging, ensuring that it does not obscure any other labels or annotations or if this is not possible, attached to a plastic cable tie that can be secured to the item.

3.1.4 When multiple exhibits have been recovered for the same investigation then once

packaged securely they should be grouped in open bags for ease of transit and processing.

3.2 Crime Exhibits / Suspect Property

3.2.1 Where property is placed into a tamper-proof evident bag, a barcode label must still be affixed. The description of property on the label must be exactly as recorded on the evidence bag.

3.2.2 A Niche RMS bar code label must be fixed to the packaging in such a way as not to obscure the descriptive details recorded on a tamper-proof evidence bag.

3.2.2 If paper documents are required for indented handwriting enhancement the officer in charge must ensure that any notes added to the evidence bag are not written over the document and hence add more indented writing.

3.2.3 Ensure such property is recorded on Niche and stored in an approved Interim EMU store

(if necessary in a safe or locked cabinet) before the end of your duty. Care should be taken to ensure continuity of evidence.

3.3 Computers, Electronic Organisers, etc.

3.3.1 It is important that the data on any computer, electronic organiser or other digital recording item is not damaged, deleted or otherwise compromised. This can occur simply by examining the computer files stored on the equipment. Every action during such an examination will be recorded on the hard drive and may delete vital evidence.



http://intranet/content/index.aspx?articleid=5130


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3.3.2 Anyone you seizing computers, electronic organisers or any other digital recording item

should seek advice from the Hi Tech Crime Unit, FCOU.

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4. Receiving Property into Area / Central Store 4.1 Insurance limits for a locked safe are:


£1,000 (One Thousand Pounds) for all other (part time) Enquiry Offices 4.2 On receipt of found property such as cash and/or potentially valuable items entering into

the possession of the Police Commissioner; such property, after being counted/verified by the finder, must be immediately transferred into secure, transparent bags before committal to an interim EMU store safe. In addition, the serial number of the secure bag should be noted within the Niche RMS record. The property description should be recorded in full; narratives such as ‘cash’ ‘money’ and ‘quantity’ should be avoided wherever possible and where such descriptions are necessary the reason should be noted (e.g. Proceeds of Crime Act Seizure).

4.3 It may be appropriate to secure the cash and valuables contents of a purse or wallet

separately from the actual purse or wallet. However, where property is packaged separately all subsequent transit movements should be made together until receipt at the Central EMU.

4.4 EMU staff will refuse to accept any property if:

a) The property does not have a completed Niche bar code label attached b) If section 6.1.3 applies c) The property does not match the record on the Force property recording system d) Any other necessary documentation or tag is missing, for example the ‘made safe’

tag on a firearm 4.5 If any EMU staff refuses to accept property they are to notify the Chief Inspector, Ops

Support of the relevant area giving them details of the property and the reason for refusal.

4.7 Upon entering the EMU store the property must, if possible and without interfering with

the integrity of any packaging, be examined for the presence of any overt or covert markers unless declared already examined. In such cases it will be deemed good practice to repeat the examination.

4.8 All movement of property from one location to another must be recorded accurately within

Niche RMS. 4.9 On receipt of property, both Couriers and the EMU staff receiving the property must

reconcile items to Niche RMS. This will ensure consistency within the property transfer process, strengthen controls in terms of officer accountability and enable potential discrepancies to be identified and investigated at an early stage.




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4.9 When property is transferred between EMU stores the receiving EMU officer will check

the items against Niche RMS. If there are signs of tampering or discrepancy (to include items missing or torn or open bags), the receiving EMU officer may refuse to accept the property and in all cases will notify their immediate supervisor or duty Inspector.

4.10 The entries on Niche RMS will be matched to the relevant item and the receiving EMU

officer will ensure the property records are updated to show the current location of the property.

4.11 The property will be placed in the store and its location (shelf / rack number etc) recorded

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5. Property Storage – Location / Duration 5.1 BCUs are responsible for the immediate storage of property entering their custody. The

use of the Central EMU store (St Anne Street) as a facility for immediate storage should only be considered for the following categories: a) Firearms / Ammunition b) Drugs c) High value items d) Cash seizures suspected to exceed £3,000.00 e) Items with special storage requirements f) Crime Exhibits (Liverpool Courts only)

5.2 Found property 5.2.1 Found property (other than specified exceptions – see section 5.4) should initially be

retained in the local Area EMU store to allow enquiries to trace the owner to be undertaken. If the owner has not claimed the property after 28 days and the finder did not express a wish to claim it when it was originally handed in, arrangements should be made for the item to be transferred to the Central Property EMU for disposal.

5.3 Crime Exhibits 5.3.1 Crime Exhibits will generally be stored in the property store nearest in proximity to the

court where they are likely to need producing. Once the immediate requirement (i.e. court proceedings) has passed but where its continued retention is required, the property should be transferred to the Central EMU.

5.3.2 Storage of chemically or Biohazard contaminated exhibits to be dried and made safe in

the Forensic Drying Cabinets sited in all BCU's. 5.4 Exceptions 5.4.1 Found pedal cycles should be stored for 28 days at the Area EMU store into which they

were first lodged. After that they will be transferred to the Central EMU for disposal.




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5.4.2 Cash must be transferred as soon as practicable (and not more than 2 working days after coming into possession of the Police) to the Central EMU.

5.4.3 Firearms, once made safe and red tagged, must be transferred as soon as practicable to

the Central EMU Local Clearing House by ARV officers. 5.4.4 Any medication recovered from the scene of a sudden death (not required for legal

proceedings) should be forwarded to the Central EMU as soon as practicable. 5.4.5 Items that present a storage issue due to either value or size should be the subject of

negotiation with the Records & Property Manager. 5.5 Money 5.5.1 The approach to the storage of money is to reduce to a minimum the amounts held

physically within the property system. Money must not be stored in cash format unnecessarily.

5.5.2 The insurance cash limit for each safe must be clearly marked on the front of each safe.

Insurance limits for a locked safe are:


£1,000 (One Thousand Pounds) for all other (part time) Enquiry Offices 5.5.3 Money must ALWAYS be stored in a safe. Cognisance must always be made regarding

the insured limit of the safe employed for this purpose. Exceeding insured limits must not occur except in exceptional circumstances and with the written approval of an officer not less than Inspector rank.

5.5.4 All money entering the property system should be sent without undue delay (maximum

two working days) to the Central EMU. Area safes should only be used as an interim measure.

5.5.5 Unless there are reasons to the contrary (5.5.6 and 5.5.7) the Central EMU should pay all

money received into the Central EMU bank account as soon as practicable after receipt. 5.5.6 If the money is a Crime Exhibit the occasions when it is necessary to hold it in cash

format for evidence should be rare and should only be undertaken where the officer in charge specifically requests it and has the signed authority of an officer of not less than Inspector rank.

5.5.7 If money is being held in cash form, the Records & Property Manager must ensure the

circumstances surrounding it are reviewed no later than six months after the money entered the property system. Reviews should then continue to be undertaken at regular periods appropriate to the circumstances as determined by the Records & Property Manager.




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5.6 Drugs 5.6.1 All items of controlled drugs recorded as found property, once recorded on Niche RMS

should be transferred to the Central EMU at the earliest opportunity for destruction. 5.6.2 As with other items of crime property, once the need to retain the item locally for court

purposes has ended, the drug should be transferred to the Central EMU for destruction. 5.6.3 At all times, Niche RMS should accurately record the current status and location of each

item of drug property. All movement of drugs from one location to another must be fully recorded on Niche and electronically signed by all those involved in the process.

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6. Property Storage (Advice) 6.1 Hazardous Substances 6.1.1 Hazardous substances are defined as any material that poses a threat to public health

and / or the environment. Typically, hazardous substances are materials that are toxic, corrosive, ignitable, explosive or chemically reactive. For the purposes of these guidelines they also include heavy items.

6.1.2 Merseyside Police must ensure hazardous substances are managed safely to ensure the

risks to persons who may come into contact with them are reduced to as low as reasonably practicable.

6.1.3 If property is believed to be a harmful substance and is deemed to be ‘found property’

with no suspicion that it may be required as evidence of an offence then consideration should be given to contacting the Local Environmental Health Department as they have a duty (under the Public Health Act) to examine and dispose of found hazardous substances. If this approach is undertaken then all action should be recorded within the associated STORM log and the property should not be booked in as per found property procedures. The STORM log should record the fact that the substance was immediate disposed of by the Local Environmental Health Department. Note that the Local Environmental Health Department will only deal with property in the streets. Once an item has been brought onto Police Premises it becomes a responsibility of the Police to safely dispose of the item. Accordingly, consideration must be given to requesting that the Local Environmental Health Department attend the scene of any recovery.

6.1.4 In order to encourage and maintain best practice in relation to the receipt, storage and

disposal of hazardous substances which are brought into the property system, the local Admin Manager, or Central EMU manager, in consultation with local Force Health & Safety Advisor must ensure clear guidelines are provided to EMU staff for the storage, handling and disposal of potentially hazardous items.

6.1.5 The officer in charge has responsibility for ensuring the property is clearly labelled with

the name of the substance and is sufficiently packaged to prevent any escape if it is believed they may be hazardous and require storage prior to disposal. In respect of substances recovered from any suspected Chemical, Biological, Radiological, Nuclear attack (CBRN), they will not be taken to police premises without the prior authority of the CBRN Silver Commander. If a CBRN incident is resolved without the need to appoint a Silver Commander, then the permission of an officer not below the rank of Inspector must be sought.




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6.2 General Advice 6.2.1 Store hazardous substances in appropriate approved locations. Do not store substances,

especially liquids, above average chest height or where doors, trolleys, etc. can strike them. Ensure you work carefully to avoid spills, splashes and contamination of the working environment. After handling containers personnel must wash their hands and not eat or drink in the vicinity of where hazardous material is stored. Hazardous substances must be disposed of safely and responsibly to prevent injury / contamination to those individuals undertaking the disposal, to other persons in the workplace and to the public. When cleared following forensic examination etc materials contaminated by bio-hazardous liquids such as blood and other body fluids may be made safe by using bactericidal/viricidal spray (E.G. Trigene or Response Spray"). The sprays and spill kits should be available to all EMU staff. Always seek advice from your local Force Health & Safety Officer on the correct procedures for disposing of such material. In many cases, disposal ‘down the sink or drain’ will be inappropriate.

6.3 Alcohol, Foodstuffs including Perishable Goods 6.3.1 Do not expose them to temperature extremes - especially tinned goods. Store any

alcohol safely. 6.3.2 Perishable foodstuffs will not normally be kept in the EMU. The police officer in the case

must return them to the owner or finder or have them destroyed. If perishable goods have to be kept, they will be stored in an airtight container. An inspector can authorise the immediate disposal of such goods if a finder does not wish to keep them.

6.3.3 If foodstuffs are required for DNA (Deoxyribonucleic Acid) testing please refer to the

policy on ‘Use of Forensic Science’. 6.3.4 See Section 14 for advice on disposal of confiscated alcohol and tobacco. 6.4 Accelerants and fuels 6.4.1 Accelerant must only be stored in containers designed for that purpose. Where the

accelerant is being stored for the purposes of a sample to match traces found on a suspects clothing, etc. consideration should be given to storing only sufficient accelerant for that purpose. In these cases advice should first be sought from both the officer in charge and the Crime Scene Investigation Unit.

6.4.2 Accelerant containers are required to be booked into the EMU store in the normal way;

however, they should be stored outside because of the health and safety risk. If in doubt the Area Health, Safety and Wellbeing Coordinator should be consulted.

6.4.3 Where cans of fuel are found they are not to be booked into the EMU. Such fuel can be disposed of via the nearest Force workshop that has the facility to store and dispose of contaminated fuel. The empty, vented container can then be booked into the property system, but due to the inherent flammability dangers it may be appropriate to immediately dispose of it.




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6.5 Cash cabinets 6.5.1 Some cash cabinets are primed with exploding dyes and timer switches. If this is

suspected then they must be treated as a fire / bomb hazard. 6.5.2 The cash cabinet is required to be booked into the EMU store in the normal way.

However, if suspected to be a hazard it must be clearly marked to identify the suspected hazard and stored securely (with due regard to its believed / suspected cash contents) in a safe location until deactivated. Advice should be sought from the loser (if known), the manufacturer or the cash transit agency for advice upon how to make it safe / deactivate it. If believed dangerous then consideration must be given to treating it as an explosive device (see appendix 12).

6.6 Forensic items 6.6.1 Guidance should be obtained from the Forensic Science Policy. 6.7 Items where it is believed DNA material may be recovered 6.7.1 Guidance should be obtained from the Forensic Science Policy.

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7. Property Movement 7.1 Temporary Removal of Property (other than transit to another EMU store) 7.1.1 Any movement of crime property from an EMU store must be recorded on Niche RMS,

with details and electronic signature of the person removing it, reason and date. 7.1.2 The person taking possession of the property must always electronically sign the Niche

entry as an audit trail and for continuity. The reason for handling the property must also be recorded (e.g. chemical fingerprint enhancement taken to ……)

7.1.3 When the property is returned to the EMU store, Niche should be updated by the

returning officer and electronically signed for return. The reason for continued retention should also be recorded.

7.2 Crime Exhibit Property Production for Court 7.2.1 Police officers must always notify the relevant EMU at least two working days in advance

if they require crime exhibit property for court. The actual notice provided should be supplied taking into consideration the location where the property is stored, volume of property required and necessary security and transportation arrangements.

7.2.2 The Officer removing property from the EMU store, whether for further investigation or

production at court, is responsible for returning the property to an official EMU store. 7.3 Drugs 7.3.1 If there is a need to remove an item from a secure drug storage area in the EMU store,

other than for destruction; the following procedure will be used:

a) Before any property is released, both parties will visually check the item without physically touching it.

b) If the item is correct, the person requiring its release from storage must electronically sign for it. They are then responsible for its safety until it is returned to the EMU store.

c) The EMU officer is responsible for ensuring the property record(s) are updated within Niche RMS.

7.3.2 The EMU officer will examine a returned item in the presence of whoever has returned it.

If everything is in order, the EMU officer will put it in a secure drug storage area. If any discrepancies are found the EMU Manager / duty Inspector must be informed without delay.

7.3.3 The movement of any found and crime drugs from one EMU store to another, must be

fully recorded within Niche RMS and electronically signed by all those involved in the process. Local and central EMU staff are responsible for ensuring that the current location and status of every item of drug property is accurate and up to date within Niche.

7.3.4 The Central EMU Manager should ensure that the drugs disposed of are correctly

recorded on Niche and in a timely manner.

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7.4 Drugs - Submission for Forensic Analysis 7.4.1 Guidance should be obtained from the Forensic Science Policy 7.5 Examination by Outside Agencies 7.5.1 Problems have arisen where officers have sent forensic exhibits for examination to

agencies outside the Merseyside Police without first being entered into the property system. Consequently, when the exhibit is returned to this Force difficulty is experienced in tracing its origin.

7.5.2 The officer in charge must ensure every forensic exhibit has an accompanying crime

exhibit label which must be endorsed with the relevant Niche occurrence number AND that every item has a Niche RMS bar code label attached to it containing the relevant tag and occurrence number.

7.5.3 The officer taking possession of an item of property must ensure the Niche property

record is updated indicating where the exhibit has been sent.

Back to Contents

8. Property Retention And Timescales 8.1 Found Property 8.1.1 As a general principal found property will be disposed of one month and two weeks after

entering the property system. 8.1.2 The Records & Property Manager must be satisfied that all reasonable enquiries to trace

the owner has been undertaken prior to disposal by any means other than returned to owner.

8.2 Crime Exhibit Property 8.2.1 Crime Exhibits will be disposed of when there is no further practical or legal requirement

for their retention. Notice must be taken of Section 5 of the Codes of Practice to the Criminal Procedure and Investigations Act 1996, which provides guidance on retention periods (e.g. retain all case material for at least six months after conviction and, if a custodial sentence is imposed, for the length of that sentence).

8.2.2 The officer in charge must ensure the EMU holding the crime exhibit is notified when the

case for which it is being retained is either concluded or discontinued and provide the EMU officer with details as to any further required retention period.

8.2.3 If a crime exhibit is no longer required for court but is still subject to a period of retention it

should be transferred to the Area EMU as appropriate, clearly marked with its disposal date.




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8.3 Sudden Death Property - Medication 8.3.1 Medication recovered from a reported sudden death must be retained until at least the

conclusion of any inquest proceedings and authority to dispose has been received from the officer in charge of the case (the Coroner’s Officer).

Back to Contents

9. Property Disposal 9.1 Disposal of property must be carried out in accordance with the Police Property Act 1897

(amended 1997) and Police Property Regulations 1997. The decision as to which approved disposal method (see section 9.10) is used for an item is delegated to the Central EMU manager.

9.2. The owner of any lost property may reclaim possession of it (or the proceeds of its sale)

at any time. This applies to both property in police custody and that retained by the finder. However, the Force will only retain records of the sale or disposal for 7 years in accordance with Financial Regulations.

9.3 All proceeds from the sale or disposal of property are paid into the Police Property Act

Fund for distribution to local community groups or charitable causes by the Police & Crime Commissioner.

9.4 Police (Property) Act 1897 and Police (Property) Regulations 1997 9.4.1 The Police (Property) Act 1997 came into force on the 17th May 1997. It amends the

Police (Property) Act 1897, introducing changes such as allowing the police authority to retain unclaimed property that previously had to be disposed of - to be used for police purposes.

9.4.2 The Police (Disposal of Property) Regulations have been replaced by the Police

(Property) Regulations 1997. These set out the procedure to be followed for any unclaimed property.

9.5 Disposal - in pursuant to the Acts 9.5.1 Where property has come into the possession of Merseyside Police in connection with

their investigation of a suspected offence, it can be disposed of pursuant to the above legislation. In order to assess whether the Police (Property) Act procedure is appropriate, first consider:

a) Are there two or more claimants? If so seek advice from the Force Solicitors Office. b) If there is only one claimant, can they prove that they are the true owner? c) Is the claimant the true owner of the property, (not merely the person who has

possessory title)? If unable to determine ownership it will be necessary to issue a Police (Property) Act application for disposal of the property.




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9.6 Disposal - Exception to in pursuant to the Acts 9.6.1 S.2 (2) & (3) of the act allow for the disposal of property at any time in cases where the

property is a perishable article or its custody involves unreasonable expense or inconvenience. Proceeds from sale may be applied to the expenses of executing the regulations, and the police shall retain any remainder for a period of one year.

9.7 Application for Disposal / Destruction 9.7.1 If an application is made under this Act for an order of disposal or destruction of property,

this Force will retain such items:

a) Pending any hearing at the magistrates’ court; and b) For a further six months after an order has been granted, to allow sufficient time for

any appeal to be lodged pursuant to the Act. 9.7.2 The property should be deposited in a suitable EMU store, or in the case of vehicles

utilise current policy and procedure on the removal and storage of vehicles. 9.7.3 Any letters requesting property be returned to the owner must be forwarded to officer in

charge of the property concerned. 9.7.4 For advice in relation to any Police (Property) Act matter Force Solicitors Office should be

contacted. 9.7.5 Formal authority to dispose of the property must be received before undertaking disposal

/ destruction, to prevent the Force being left open to civil claims in respect of conversion and trespass to property.

9.8 Forfeiture Orders 9.8.1 The officer in charge should authorise the EMU officer to dispose of items, which are

subject to a forfeiture order or similar. If you are given the forfeiture order at court, you must pass it to the EMU where the property is held.

9.8.2 If case material is subject to a court forfeiture order or similar, the order takes priority over

the Criminal Procedure and Investigations Act, 1996 requirement for material to be retained by the police.

9.8.3 The officer in charge must ensure the forfeiture order is placed in the relevant copy

prosecution file and that the file is retained for:

a) Two years, or b) The length of the sentence whichever is the longer.

9.9 Instant Caution, Reprimand or Final Warning 9.9.1 Where an offender receives an instant caution, reprimand or final warning and property

has been seized, if possible the officer should obtain a disclaimer for the property in the form of a signed entry within your pocket notebook. The property record should be marked to that effect if the offender relinquishes ownership.




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9.9.2 If any property seized, as part of the enquiry is not returned or disposed of immediately

after caution, reprimand or final warning enter it into the property system but clearly endorse the property record with reasons for retention.

9.9.3 The EMU officer must mark the property record ‘instant caution’, ‘reprimand’ or ‘final

warning’. 9.10 Methods of Disposal 9.10.1 Where (for what ever reason) property has not been returned to its owner it will be

disposed off via the Central EMU. The approved methods of disposal are by:

a) Auction b) Destruction c) Sale for scrap value d) Deemed worthless e) Charitable donation f) Kept for use by this Force

9.11 Property for Auction

9.11.1 The Records & Property Manager will send items for disposal by auction to an approved auction house. At the Central EMU manager discretion property may be allowed to accumulate to make up a consignment for auction, or it may be disposed of at any time after the period of retention as defined within these guidelines.

9.11.2 The Records & Property Manager will ensure in conjunction with the auctioneers that

police property auctions are advertised in such a manner that no sections of the community are excluded. Advice should be sought from the Community Engagement Unit.

9.11.3 Sending items for auction will transfer any perceived risk (e.g. pedal cycles, electrical

goods etc). 9.12 Property for Destruction

9.12.1 Unless with a clear reason to the contrary destroy any property such as:

a) Alcohol (see section 9.9.3) b) Car radio parts c) Two way radios d) Scanners, if misuse is likely e) Baseball bats f) Knives g) Items whose retention is not in the public interest h) Any item adapted / designed for use in crime

9.13 Property for sale as scrap 9.13.1 Property of scrap value will be disposed of via the Central EMU.

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9.14 Worthless property 9.14.1 Property deemed worthless will be disposed of by the Central EMU. The Records &

Property Manager will ensure any property deemed worthless is rendered unsuitable for use before disposal.

9.15 Charitable donation 9.15.1 Under Police (Property) Regulations 1997, the Chief Constable (authority delegated to

the Central EMU manager) may allow items to be disposed of by way of donation to a registered charity or a community cause (if deemed so by the Chief Constable or their nominated representative).

9.15.2 Any items (e.g. pedal cycles, electrical equipment) which could render Merseyside Police

liable to criminal proceedings under consumer protection legislation if someone suffers injury because of a defect in the item will not be donated unless the charity / community venture is a bona fide repairer.

9.15.3 Suitable items of property may be donated to a charitable cause or community venture

after approval by the Records & Property Manager (on behalf of the Chief Constable). Approval is subject to the following conditions being met:

a) The property may now be disposed off under current property guidelines. b) The recipient body is a bona fide charitable or community organisation and the

request is sincere and not for a commercial motive. c) Merseyside Police Authority can justify disposal by showing that the benefit (i.e.

opportunity cost) from disposal of the item exceeds the money it would raise if auctioned and the money received was applied through existing charitable channels.

9.15.4 When disposing of property to a charitable cause, the representative of that charity taking

ownership must sign a receipt for the property. 9.16 Disposal of Firearms 9.16.1 This must be undertaken by the Firearms Examiner (see section 12.9). 9.17 Disposal of Mobile Telephones 9.17.1 The disposal of mobile phones must be undertaken by the Central EMU. 9.17.2 Mobile telephones may contain personal data e.g. names, telephone numbers, etc. The

Merseyside Police has a duty under data protection legislation to prevent unauthorised disclosure of this information when disposing of a found or suspect mobile telephone. Therefore, when arrangements are made to dispose of or retain for use mobile telephones, Merseyside Police must take reasonable steps to ensure that all personal data is protected and that the telephone is disposed of or used in a secure manner.

9.17.3 The following methods of dealing with mobile telephones are available:




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a) arrangements should be made for the mobile telephone to be recycled. The sim card must first be removed and destroyed and any information stored in the phone deleted beyond recovery.

b) Use for police purposes (see section 9.22) e.g. informants or vulnerable witnesses. The sim card must first removed and destroyed and any information stored in the phone deleted beyond recovery. When a mobile telephone is reclaimed from an informant or vulnerable witness and is to be used again for a similar purpose the procedure for removing the data / memory must be repeated.

9.18 Computers and other data storage devices 9.18.1 Except where being returned to an owner any item capable of holding personal data is to

be disposed of via a reputable firm and certification of the destruction of any data/hard drive obtained.

9.19 Official Documents 9.19.1 Where possible, recorded delivery should be used to return any official documents to the

relevant authority where owners cannot be traced. 9.19.2 Such documents include:

a) Passports b) Birth certificates c) Death certificates d) Bankbooks; and e) Social security documents.

9.20 Disposal of property chemically treated for fingerprints 9.20.1 Guidance should be obtained from the Forensic Science Policy

Disposal –

. 9.21 Drugs 9.21.1 The Records & Property Manager should arrange destruction of drugs stored within the

property system when authorised by either these guidelines or Court order or when notified to do so by the officer in charge of the case.

9.21.2 When destruction of drugs is to occur the Records & Property Manager will request an

officer not below the rank of Inspector from an Area with no involvement in the seizure, investigation or storage of the drug(s), to act as an ‘independent observer’ of the destruction. See the Auditing Drugs Prepared for Incineration procedure.

9.21.3 When the designated independent observer is satisfied the items authorised for

destruction are correct, they should accompany them to authorised premises and witness their destruction. See Disposal of Drugs procedure.




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9.22 Unclaimed Property brought into use by Merseyside Police 9.22.1 Unclaimed property (other than money) may be retained for use by this Force pursuant to

Section 2 Police (Property) Act 1897 as amended by the Police (Property) Act 1997. The Act provides that the Police Commissioner (authority delegated to the Central EMU Manager) may assume ownership of any property providing the following criteria are met:

a) The property has remained in the possession of the police for a year b) The police would under the regulations have power to sell the property c) In the opinion of the Police Commissioner, the property can be used for police

purposes and d) The Police Commissioner determines, in such manner as may be prescribed by the

regulations, that the property is to be retained. 9.22.2 If a member of the Merseyside Police determines that an item of property (other than

money) which is held within the property system can be used for a policing purpose they should forward a report to the Records & Property Manager for consideration of authorisation on behalf of the Police Commissioner.

9.22.3 Where an item is in the custody of the property system and satisfies the criteria as

specified within section 9.22.1, the Central EMU Manager may, if satisfied that a request for the item to be used for police purposes is a valid one, release it for use by Merseyside Police ensuring the transaction is recorded as for disposal by other means.

9.23 Identifiable Found Property 9.23.1 Items should be returned to the owner, providing there is only one known owner, and no

other claimants. 9.23.2 When found property is to be returned, and the owner is to collect it personally, the officer

in charge must inform the EMU in advance so arrangements may be made. The officer in charge must also ensure the relevant details are added to the property record.

9.23.3 When communicating with owners to invite them to come to police premises they should

be asked whether they have a disability and if they have any special requirements, e.g. access issues. If so, 'reasonable adjustments' should be made to enable them to collect the property. If a disabled person cannot attend police premises to collect their property for a reason directly related to their disability, it would be a 'reasonable adjustment' to arrange return of the property to the disabled person's home address.

9.23.4 Once an owner has been identified the EMU officer must send the owner:

a) A notice (Form 50a, Initial) under Schedule 1, Part I, of the Torts (Interference with Goods) Act 1977, informing the owner that the property can be collected;

b) A disclaimer form (in case the owner does not want the property back); and c) A pre paid envelope.

9.23.5 The notice will be sent to the owner’s address and will contain sufficient information to

give the owner the opportunity to claim the property such as:

a) The description and location of the property b) The times between which it is possible to collect it c) The notice will also tell the owner Merseyside Police does not charge for the

collection of the property.




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9.23.5 If after 28 days the owner has not responded to the notice, the property shall be disposed

of by the Central EMU in accordance with current procedures :

a) Signs and returns a disclaimer; or b) Has not responded to the notice after 28 days after the first letter.

9.24 Indemnity and receipt for property 9.24.1 If you are returning property that has been in police possession:

a) Fill in a form of indemnity and receipt for property. b) Ask the person receiving the property to sign the form. c) Endorse the property entry with the type of identity used by the claimant. d) Give the person receiving the property a copy of the form. e) Attach the police copy to the corresponding property record. f) Ensure the property record system is updated.

9.25 Unidentifiable Found Property 9.25.1 If the owner cannot be identified the property will normally be kept for one month and two

weeks before disposal, unless keeping it involves unreasonable expense or inconvenience, in which case the Records & Property Manager may authorise immediate disposal.

9.25.2 If the owner claims the property after it has been disposed of, they are entitled to claim

any proceeds obtained, less a reasonable sum to cover the costs of the disposal. 9.26 Crime Exhibit Property 9.26.1 Crime Exhibit items must be returned to the owner (unless possession would constitute

an offence or would be prejudicial to public interest), providing the officer in charge authorises their release and the following conditions are met:

a) There is only one owner, and no other claimants, and b) A photograph or copy will suffice for evidential purposes or c) The requirement for crime exhibit purposes has ceased and d) Returning the property does not contravene the Criminal Procedure and

Investigations Act (CPIA) 1996. 9.26.2 The procedure for returning / disposing of the Crime Exhibits will be as for ‘Found’

property. 9.27 Seized Money 9.27.1 Advice should be sought from the Criminal Assets Team. 9.28 Counterfeit Money 9.28.1 See Section 13.




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9.29 Crime Scene Exhibits 9.29.1 Guidance should be obtained from the Forensic Science Policy. 9.30 Disputed Ownership Procedures 9.30.1 When property is in the custody of Merseyside Police and a dispute arises as to rightful

ownership, advice and guidance upon how to proceed should be sought from the Force Solicitors Office.

9.30.2 Before this stage is reached the property must be available for release / disposal in line

with current property procedures. Back to Contents

10. Animals 10.1 Stray dogs 10.1.1 The Clean Neighbourhoods and Environmental Act 2005 places the responsibility for all

functions relating to stray dogs upon local authorities. As a result, police statutory duties in relation to stray dogs ceased on 6th April 2008.

10.2 Animals other than dogs 10.2.1 Merseyside Police does not have any facilities for impounding animals. 10.2.2 If someone reports they have found an animal, the person receiving the report must find

a suitable place for it to be kept, such as a farm, field or stable. Before the animal is left in any of these places, permission must have been obtained from the owner of the property. Advice should also be sought from the Force Wildlife Officer and the Royal Society for the Prevention of Cruelty to Animals (RSPCA).

10.2.3 Details of the animal should be recorded in found property occurrence within Niche.

Police National Computer (PNC) should also be checked to ensure it’s not recorded. A report should be sent to the relevant Area Administration Unit, so any claim for costs can be dealt with.

10.2.4 It is the responsibility of the officer in charge to investigate whether the animal has any

form of identification (e.g. microchip, freeze band, ear tag, tattoo, leg ring, species, marker company and contact name).

10.3 Livestock 10.3.1 If livestock (i.e. a farm animal) is found, details should be entered in a found property

occurrence within Niche and arrangements made for it to be taken to a farm, or other suitable place where it can be fed and tended by a responsible person on a temporary basis. Police National Computer (PNC) should also be checked to ensure it’s not recorded. A report should be sent to the relevant Area Administration Unit, so any claim for costs can be dealt with.




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10.3.2 The finder may keep livestock, but should be advised not to dispose of it until they place an advertisement in a local newspaper, and at least fourteen days have passed.

10.4 Imported animals 10.4.1 It is the responsibility of the local authority, not the police, to seize illegally imported

animals. 10.5 Wild birds 10.5.1 It is an offence to take the eggs of or kill any wild bird. If a member of the public reports

they have found a ringed wild bird, they should be advised to report it to either: The British Trust for Ornithology, The Nunnery, Thetford, Norfolk.

Or, British Bird Council, 1159, Bristol Road South, Northfield, Birmingham, B31 2SL.

10.5.2 You can also seek advice from the Force Wildlife Officer, the Royal Society for the Protection of Birds (RSPB) or the Royal Society for the Prevention of Cruelty to Animals (RSPCA).

10.6 Racing pigeons 10.6.1 If a ‘ringed’ pigeon is found advice should be sought from:

The General Manager, The Royal Pigeon Racing Association, The Reddings, Cheltenham GL51 6RN. Telephone: 01452 713529, Fax 01452 857119, or Email [email protected]

10.7 National Pet Register 10.7.1 An animal registered with this organisation has a unique reference number on a brass

disc or red plastic tag together with a contact telephone number. Enquiries may also be made at www.nationalpetregister.org

Back to Contents

11. Property arising from a Sudden Death 11.1 Recording Deceased Property

11.1.1 All property taken as a result of any sudden death must be entered into the Niche property recording system, within a Sudden Death occurrence type. A full description of the property must be recorded, together with a brief clear summary of the nature of the incident so EMU staff understand why the seizure has taken place. The Force Incident Number should be recorded (if relevant) and the name and address of the next of kin where possible. The duration of retention for recovered medication (not being treated as a crime exhibit) is dealt with in section 8.3.




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11.1.2 Details of the property must also be endorsed on a Form 97 (Report of sudden death), with the Niche occurrence number recorded at top right hand corner of Form 97.

11.1.3 Property connected with the death, such as medication, ropes, suicide notes, etc. should

be recorded on the Form 97, for the information of H.M. Coroner/Coroners Officers. Ligatures; Drugs & associated Paraphernalia; Medication (believed connected to the death) etc should accompany the body to the mortuary for the attention of the Pathologist / Analyst. (This property is normally disposed of by the Pathologist / Analyst in accordance with HM Coroners directions but should it be returned then book any such item into the Niche property system in the normal way). Notes of any description must also accompany the Form 97 for the attention of the Coroner / Coroners Officer. The officer in charge must also ensure any medication prescribed to the deceased should be noted on the Form 97 (include name of drug, date dispensed & pharmacy supplying). Any medication available to the deceased but intended for anyone else living with the deceased should be recorded but not seized if required by any other occupant. Prescribed medication (not believed directly connected to the death) should be booked into the property system as found property and linked to the Sudden Death occurrence on Niche, unless circumstances dictate otherwise.

11.1.4 Deceased property may present a health and safety risk, therefore, if appropriate

endorse the packaging with health hazard warnings. 11.1.5 If there is reason to take a deceased person’s property into police possession it cannot

be released until somebody shows they are entitled to it. This will normally be via a Letter of Administration or Grant of Probate from the Probate Office or other form of suitable identification / reference.

11.1.6 Where persons die intestate (without known will) advice on disposal should be sought

from the Force Solicitors’ Office. Information is also available from the Treasury Solicitor’s Department, Bona Vacantia Division on www.bonavacantia.gov.uk.

11.1.7 Further advice regarding the property of the deceased should be sought from the Force

Coroners manager. 11.2 Cash for Safekeeping 11.2.1 One of the most common occurrences of seizure of money for security is at the scene of

a sudden death. If there is someone present who is evidently legally and practically able to act in the situation, then the money can be left in their care

11.2.2 If an officer has any reason to take a deceased person’s money into police possession it

cannot be released until somebody shows they are entitled to it. This will usually be a Letter of Administration or Grant of Probate from a Probate Office. The money taken should be entered on Niche as found property and linked to the Sudden Death occurrence.

11.2.3 If the deceased leaves a will, executors will have been appointed:

a) When the estate is small and there is a will with executors (who do not renounce or have not predeceased the deceased) then it is easy to establish whom the money should be paid out to. Merseyside Police would need sight of the original will and proof of identity of the executors to release any money. Copies should be obtained of any such documents.




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b) In larger estates where a will is being executed, a Grant of Probate is usually applied for; a copy of this must be requested in addition to the original will and proof of identity before the money is released.

11.2.4 If there is no will and no Grant of Probate a ‘Next of Kin’ needs to be established. If there

is a dispute over who is the ‘Next of Kin’ a grant of ‘Letters of Administration’ will need to be sought. For assets over £5,000, a court will appoint administrators and an application made for a grant of ‘Letters of Administration’.

11.2.5 When the Social Services accept responsibility for disposing of the deceased’s property,

Merseyside Police must give them any money in our possession. If Social Services state they are dealing with the deceased’s estate, the money may be given to an officer of that authority who can show identification and produce documentation to support that responsibility.

11.3 Social Services responsibilities – property of the deceased. 11.3.1 It is the duty of the local Social Services Department to bury or cremate the body of any

person if no suitable arrangements have been made. 11.3.2 When the Social Services accept responsibility for disposing of the deceased’s body and

property, Merseyside Police must give them any property (including money, documents, etc.) in our possession. If Social Services state they are dealing with the deceased’s estate, the property may be given to an officer of that authority who can show identification and produce documentation to support that responsibility.

11.4 Death - unnatural / unexplained 11.4.1 When a person has died an unnatural / unexplained death an officer must keep their

clothing and footwear in case it is needed at the inquest and any future trial. Consideration should also be given to whether photographs would be adequate for purpose.

11.4.2 A forensic drying cabinet should be used if the clothing is wet, blood stained, vomit

stained, urine stained, etc. Deceased clothing and footwear may present a health and safety risk, therefore, the packaging should be endorsed with health hazard warnings.

11.4.3 At the conclusion of the inquest unless there are reasons to the contrary the clothing

should be returned to a relative or authorised person unless they indicate otherwise. If the clothing is required to be returned, consideration should be given to consulting with the intended recipient should the clothing appear to require cleaning.

11.6 Forensically examined property 11.6.1 If a forensic examination does not provide a positive result and does not form part of a

prosecution case, the property should be returned to the next of kin or if appropriate dealt with in accordance with the Forensic Science Policy.

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12. Firearms, Ammunition, Explosives and Pyrotechnics (Fireworks)

12.1 For the purposes of these guidelines the following are included:

a) Section 1 Firearms b) Shotguns c) Section 5 Firearms (including CS Spray) d) Air weapons e) Imitation firearms f) Component parts of a firearm g) Articles which fire blank cartridges h) Ammunition and other ordnance i) Any explosive device j) Pyrotechnics k) Any item capable of firing any projectile (e,g, nail guns, captive bolt guns)

12.2 General safety rules:

a) Never, under any circumstances, should a firearm be pointed at anyone. b) Any firearm, suspected explosive device, ordnance or pyrotechnics must not be

handled unless absolutely necessary. 12.3 More detailed information on this property group can be found in the Operational Policing

Plan entitled ‘Firearms, Ammunition or Unexploded Ordnance handed in or reported to the Police

12.4 Recovery Procedures 12.4.1 This section should be read in conjunction with the Firearms ‘Make Safe’ Standard

”.

Operating Procedure. 12.4.2 The Force’s Armed Response Vehicles (ARVs) are available to assist and give advice

when encountering firearms or ammunition. They will make weapons and ammunition safe and advise on their initial safe handling and storage.

12.4.3 Only current Authorised Firearms Officers and Firearms Enquiry Officers are authorised

to make firearms and ammunition safe. 12.4.4 When attending the scene of reported found explosives or pyrotechnics (if converted into

an improvised explosive device or believed industrial or unstable), the Force First Response Unit (at time of writing XU90) and if necessary the Joint Forces Bomb Disposal Unit (EOD) must be contacted (via the Force Incident Manager).

12.4.5 On attending a scene of a recovery of a firearm or ammunition (including when such

items are handed in to a police station), it is the responsibility of the ARV officer dealing to complete the necessary ‘made safe’ documentation and to attach the ‘made safe’ tag to the firearm or ammunition. To ensure the safety of police staff and others, the weapon should not be dealt with if the ARV is delayed.

12.4.6 If the firearm or ammunition is handed in at a police station then handling must be kept to

a minimum and the firearm/ammunition placed in the secure gun cabinet without delay. A Storm Log must be created immediately requiring attendance of an ARV Officer to complete ‘make safe’ procedures.




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12.4.7 If the ARV officer cannot make a weapon safe, they will take immediate custody of it. The weapon will be transported immediately to the Firearms Clearing House at St Anne Street as per the Firearms ‘Make Safe’ Standard Operating Procedure.

12.4.8 Each BCU has dedicated secure gun cabinets located within specified police stations.

Each of these specified stations has two gun cabinets; one for holding firearms and ammunition that has been ‘made safe’ by an ARV, and one for firearms and ammunition ‘awaiting the arrival of an ARV to make safe’. These cabinets have separate lockable compartments within them for the separate and secure deposit of ammunition. The key to these cabinets will be securely located within the station’s TRAKKA cabinet.

12.4.9 In the case of both firearms and ammunition, once the items have been made safe and

‘red tagged’ as appropriate by the ARV, the ARV dealing must deliver the item/s as soon as possible into secure storage at either the Central EMU Firearms Clearing House or the nearest police EMU store where a gun cabinet is located.

12.4.10 The fact that a firearm or ammunition has come into the possession of Merseyside Police

MUST immediately be recorded on Niche. Where the item is evidence in a case already recorded within Niche, the original occurrence property tab must be updated. In all other cases, a ‘Found Property’ occurrence must be generated and the property tab updated with details of the item/s. The Niche property bar code label must be attached to the item or its packaging.

12.4.11Where firearms and ammunition are recovered together they should be packaged and

made safe as separate items. This enables appropriate, separate storage. In cases where a crime involving the firearm or ammunition is suspected, advice from the CSI should be obtained before this separation takes place in order to minimise the loss of any potential evidence source.

12.4.9 All firearms and ammunition will be transported between locations by an ARV as per the

Firearms ‘Make Safe’ Standard Operating Procedure. 12.5 EMU Office Procedures 12.5.1 Firearms, ammunition, and pyrotechnics (NOT converted into an improvised explosive

device or believed industrial or unstable) are subject to the same administrative procedures as other property. The only difference being they must be treated with a much higher level of security during storage and at all times handled with care. If appropriate, reference should be made to the Fireworks (Officers Guide).

12.5.2 Explosives, unstable ordnance and pyrotechnics (converted into an improvised explosive

device or believed industrial or unstable) must not be stored in an EMU store. These types of items will be the subject of consultation and agreement with the Joint Forces Bomb Disposal Unit (EOD) as to the best course of action to be undertaken regarding storage and disposal.

12.5.3 Advice should be sought from the first team before any fireworks are removed for

temporary storage by the police. Storage should only be allowed on the authorisation of the FIRST Team/MFRS IIT Team via The Force Incident Manager or MFRS Control Room.




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12.5.4 Any large amounts of fireworks or fireworks that are believed to be in a dangerous condition should be removed by the Fire Service in partnership with the Police.

12.5.5 Each BCU should have a designated store for fireworks to be stored prior to collection by

FIRST/MFRS. FIRST Team must be contacted when fireworks are placed in the storage so they can arrange collection. Arrangements should be made for collection as soon as practicable.

12.5.6 Fireworks must never be stored in an open office or under a desk. The FIRST/MFRS IIT

Team should be contacted if any doubt exists. 12.5.7 The EMU staff receiving a firearm must ensure that an ARV ‘red tag’ has been placed on

the firearm and that the tag number is traced to the relevant Firearm Safety Certificate. In any instance where a Safety Certificate cannot be traced, the firearm or ammunition should not be handled but should remain in the gun cabinet, and this should be brought to the immediate attention of the Inspector, Firearms Department. Under no circumstances should the firearm be handled by unqualified personnel until this has been verified

12.5.8 If a firearm or ammunition has been lodged temporarily in a BCU gun cabinet, the EMU

officer must ensure the firearms and ammunition are collected by an ARV and transported by them to the Central EMU Firearms Clearing House without delay, and ordinarily no later than the next day. The EMU officer must ensure that the appropriate ‘made safe’ tag is attached together with the Niche property bar code label. The EMU officer is responsible for ensuring the Niche property record(s) are updated as to the movement and current location of each item.

12.5.9 No firearms or ammunition should be transferred from a BCU EMU store to the Firearms

Clearing House by Central EMU staff engaged in the collection and movement of general found property and crime exhibits.

12.5.10 If encountering any firearm / ammunition within the property system which does not have

a ‘made safe’ tag, the EMU staff MUST call out an ARV via the Force Contact Centre (FCC) at the earliest opportunity. If the officer requesting has access to the Force incident system (STORM), the request should be via an incident log to the FCC. In all other cases an incident log will be created within the FCC.

12.5.11 The Firearms Clearing House within the Central EMU must undertake a monthly review

of firearms held within the Force. A report must be produced containing a complete inventory of firearms and ammunition held and disposed of and, where items continue to be retained, the reason for retention and likely timescale for disposal. This report must be forwarded to the Chief Superintendent, Corporate Criminal Justice on a monthly basis.

12.5.12 If at any time a firearm or ammunition is found to be missing from any of the EMU offices,

or cannot be traced, the relevant BCU Command Team must immediately notify the Records and Property Manager at the Central EMU who will then liaise with the D/C/Superintendent, Matrix in order to conduct a thorough search for the item/s. If the item/s remain untraced, the Records and Property Manager must report the matter to the ACC Operations who should immediately notify the Treasurer of the Office of the Police And Crime Commissioner.

12.6 Forensic Investigation 12.6.1 The Forensic Science Policy refers.




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12.7 Police National Computer 12.7.1 Should it be deemed appropriate to include a recovered firearm on the Police National

Computer (PNC) a Force Incident log must be created containing full descriptives (including serial number) and forwarded to the PNC Bureau for inclusion on the PNC.

12.8 Voluntary Surrender of Firearms, Ammunition, Explosives and Pyrotechnics 12.8.1 The officer taking possession must act as described within this policy. 12.9 Disposal 12.9.1 The Niche system will record the movement and current location of every firearm or

ammunition that has been brought into the possession of Merseyside Police. 12.9.2 In the case of firearms and ammunition that have been retained for evidential/crime

exhibit purposes, the officer in charge of the case must ensure the Central EMU is notified when the case for which it is being retained is either concluded or discontinued. The officer must also provide the Central EMU with details as to any further required retention period. Officers should utilise the Niche tasking system to inform the Central EMU of the continued retention or disposal of a firearm.

12.9.3 Other than in exceptional circumstances (detail of which must be recorded within the

Niche occurrence), once an officer notifies the Central EMU that a firearm or ammunition is no longer required for evidential purposes, the item/s must be disposed of by the Force’s Central Firearms Repository (Local Clearing House (LCH)) within two months.

12.9.4 The Local Clearing House must ensure that Niche is updated to indicate the current

status of each item of firearm/ammunition. Items awaiting disposal must be clearly recorded on Niche as ‘pending disposal’. Once disposed of, the status must be amended immediately to reflect this.

12.9.5 The Force Records and Property Manager should liaise with the Force Armourer to

arrange disposal of firearms where this becomes necessary. 12.9.6 The disposal of any firearm or ammunition must be undertaken by the Force Armourer

and witnessed by a member of staff from the Central EMU not directly involved in the recording and processing of firearms. The Armourer should electronically sign the Niche property record to confirm that the disposal has been undertaken, and record the details of the EMU witness within the disposal remarks on Niche. Niche will therefore immediately reflect the status of that item of property.

12.9.8 The Records and Property Manager should liaise with the Force Armourer or Joint Forces

Bomb Disposal Unit (EOD) to arrange disposal of ammunition as deemed appropriate. 12.9.9 Merseyside Police must not return a certified firearm or ammunition to an owner unless

they hold a valid firearms certificate or licence. Consideration should also be made regarding the best interests of the public.

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13. Counterfeit Currency (includes both notes and coins) 13.1 If suspect counterfeit currency is brought to police attention the following applies:

a) It should be taken and preserved b) It should be handled as little as possible c) For initial recording purposes it must be booked into the Niche property system as a

Crime Exhibit / Found Property as appropriate to the circumstances of recovery, endorsing the record as forwarded to the UK NCO (United Kingdom National Counterfeit Office) via the local Crime Management Unit.

d) The word ‘counterfeit’ must not be written on any suspected counterfeit paper currency

e) The currency must be sealed in a transparent plastic bag as soon as possible. f) A crime exhibit label must be attached to the outside of the plastic bag AND a Niche

property bar code label. g) If an innocent handler asks what their position is when money is seized, it should be

explained that if the money proves to be counterfeit they will lose all rights to it. If the money proves genuine it will be returned to them.

h) A Form NCO/1 must be completed. i) The suspect currency must be forwarded together with the completed NCO/1 (and

witness statement if appropriate) to the local Crime Management Unit for onward transmission to UK NCO, P.O. Box 8000, London SE11 5EN.

j) Niche must be updated by checking it out of the store with remarks indicating that it has been sent to agency - UKNCU

k) Any enquiries / requests for advice should be directed either to the local Crime Management Unit or the UK NCO Merseyside liaison officer on 0207 238 8015 / 8007.

13.2 If the requirement to identify a banknote as counterfeit is urgent the Crime Management

Unit can contact UK NCO by fax (fax number currently 020 7238 8049) and give them the serial number of the suspected counterfeit banknote. The information required must be included on the initial fax enquiry together with how the banknote was obtained and a contact telephone number. The UK NCO should then respond by telephone to advise if the banknote is counterfeit or not.

13.3 When the currency is returned from the UK NCO the Merseyside Police member of staff

who receives it must ensure it is returned (checked in) to the property system and the officer in charge is notified of its return. The receiving EMU officer must ensure the property is booked back into the system and stored in accordance with its reported status.

13.4 If the money turns out to be genuine, UK NCO should return the banknote, but the

banknote will not be fit for circulation because it will have 'counterfeit' written on it. The currency should be booked back into (checked in) the property system and lodged in the Central EMU. The innocent handler should then be contacted as per the procedure for returning identifiable found property (see section 9.23). When returning genuine currency banknote(s) the recipient should be advised to attend a bank where they will be able to obtain a mutilated banknotes form and advice on how to claim the money back.

13.5 If determined to be counterfeit currency but no legal proceedings occur the currency

should then be sent together with the form NCO/1 and a covering report giving the result of any enquiries to the local Crime Management Unit, who must forward the currency, report and NCO/1 to the UK NCO who should undertake storage for seven years followed by destruction of the currency.




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13.6.1 If determined to be counterfeit currency and legal proceedings do occur then at the conclusion of the court case the counterfeit currency should be marked in the property system as disposed of to the UK NCO. The counterfeit currency should then be sent together with the form NCO/1 and a covering report giving the result of the proceedings to the relevant Crime Management Unit, who must then forward the currency, report and NCO/1 to the UK NCO. The UK NCO will then store the currency for seven years prior to its destruction. If the requirements to retain the currency extend beyond seven years then this must be the subject of alternative arrangements agreed with the UK NCO.

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14 Confiscation of Alcohol or Tobacco 14.1 Introduction To The Confiscation Of Alcohol 14.1.1 The Confiscation of Alcohol (Young Persons) Act 1997 came into force on the 1st August

1997. It allows Police Officers and Police Community Support Officers to confiscate open containers of alcoholic drink from young persons under certain circumstances.

14.1.2 The Criminal Justice and Police Act 2001, and Section 155 of the Licensing Act 2003

have now amended the 1997 Act. The Act, as amended, now extends to sealed containers and persons over the age of eighteen years ‘providing that the officer reasonably believes that the person is, or has been consuming, or intends to consume, alcohol’.

14.1.3 Section 12 (2)(b) of the Criminal Justice and Police Act 2001 gives the police, PCSOs

and accredited persons powers to confiscate alcohol from people who are consuming or intend to consume alcohol in a public place to which drinking restrictions apply for example a designated public place order.

14.1.4 This legislation is intended to deal with situations where young people and adults are in

possession of alcoholic drink and causing a nuisance or where their actions may lead to bad behaviour or where they are within a public place subject to a designated public place order.

14.2 Procedure – Alcohol Confiscation 14.2.1 If anything is confiscated that is reasonably believed to be an alcoholic drink

consideration should be given to treating the alcohol as possible evidence against an offender, for example a shopkeeper in cases of a young person’s illegal purchase of it. If the alcohol is to be treated as evidence it should be treated as a crime exhibit. In all cases efforts should be made to determine where the alcohol has been purchased.

14.2.2 In all cases where young persons are involved, their parents or legal guardians must be

informed. 14.2.3 If the alcohol is not to be treated as evidence, action should be taken as set out in the

following paragraphs.




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14.2.4 Open Spirits Bottles / Beer Containers (to include glasses) or less than 6 sealed Beer Containers

a) Must be disposed of in front of person (if appropriate) b) Pocket Notebook Entry must be made c) STORM Log must be created to record the incident d) Must not be recorded in the Niche property system as found property. e) Direct line supervisor must be informed of the action taken (supervisor must sign the

pocket book entry). 14.2.5 More than 6 sealed Beer Cans / Bottles and any sealed Spirits Bottles

a) Items must be retained b) Pocket Notebook Entry must be made c) STORM log must be created to record the incident d) Must not be booked into the property system as found property. e) Item/s must be disposed of as soon as practicable by pouring the contents away. f) Direct line supervisor must be informed of the action taken (supervisor must sign the

pocket book entry). 14.3 Introduction To The Confiscation Of Tobacco 14.3.1 The Children & Young Persons Act 1933 section 7 provides Police Officers (and now as

amended by the Police Reform Act to include Police Community Support Officers) tobacco confiscation powers from persons under the age of 16 years found smoking in a public place (includes travelling on public transport).

14.3.2 If cigarettes or other tobacco products are confiscated consideration must be given to treating the cigarettes or tobacco products as possible evidence against an offender, for example a shopkeeper in cases of a young person’s illegal purchase of it. If the item(s) are to be treated as evidence they should be treated as a crime exhibit. In all cases efforts should be made to determine where the item(s) have been purchased.

14.3.3 In all cases the young person’s parents or legal guardians must be informed. 14.3.4 If the cigarettes or tobacco products are not to be treated as evidence the following

should be undertaken: 14.3.5 Value appears to be less than £10

a) Must be disposed of in front of person (if appropriate) b) Pocket Notebook Entry must be made c) STORM Log must be created to record the incident d) Must not be booked into the property system as found property. e) Direct line supervisor must be informed of the action taken (supervisor must sign the

pocket book entry). 14.3.6 Value appears to be greater than £10

a) Items must be retained b) Pocket Notebook Entry must be made c) STORM Log must be created to record the incident d) Must not be booked into the property system as found property but item/s should be

disposed of as soon as possible via general waste. e) Direct line supervisor must be informed of the action taken (supervisor must sign the

pocket book entry). Back to Contents




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15. Property Marking 15.1 To assist in both the deterring of theft and the identification of recovered lost / stolen

property the use of property marking should be actively encouraged whenever the opportunity arises.

15.2 ACPO and the Home Office have agreed the following statement to update the concept of

property marking and identification:

"To assist in the prevention and detection of crime and the return of stolen property to the rightful owner, property should be marked by a method, which is secure, visible and leads to the identity of the owner. In simple form an engraved postcode will suffice. Where a covert commercial product is used it should identify the owner and be supported with a secure and visible mark, which leads the recovering agency to search for the product."

15.3 SmartWater Marking 15.3.1 SmartWater is a harmless forensic solution, which is intended to mark a person or item of

property in a covert manner invisible to the naked eye. It is designed to be unique for each application and allow its origins to be readily traced back to source.

15.3.2 All property must be checked using UV Light for the presence of SmartWater. Testing for

its presence when an item of property is received into an EMU store should also be undertaken to ensure no items go unchecked. Additional information is available in the publication ‘SmartWater Guidance‘.

15.4 Ultra Violet Marking

15.4.1 The use of Ultra Violet marker pens on property to record an identifying mark such as house number and Post Code is a common practise. This type of marker is invisible to the naked eye and is only capable of being viewed under an Ultra Violet light.

15.4.2 The Home Office Crime Reduction College advise that the UV marker pen should be

used as the sole method of marking only where visible and permanent marking is not possible or is not appropriate. (In case the property is damaged or its appearance made unacceptable). These UV marker guidelines are provided following advice from The ACPO Sub-Committee on Crime & Disorder Reduction and the Action Against Crime & Disorder Unit of the Home Office, and the Home Office Crime Reduction Centre.

15.4.3 All property must be checked using UV Light for the presence of any UV fluorescing identification markers. Examination for the presence of UV markers when an item of property is received into an EMU store should also be undertaken to ensure no item remains unchecked. Removing the cover of items such as mobile phones should also be considered when searching for UV markers.

15.5 Overt Markers 15.5.1 The use of overt markers such as house number and Post Code stamped onto a pedal

cycle frame or the use of tamper proof stickers, barcodes etc are other common practises. The officer in charge is responsible for the initial search for such markers and subsequent enquiries if one is located.




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15.4.2 All property must be checked for overt markers. Examination for the presence of overt markers when an item of property is received into an EMU store should also be undertaken to ensure no item remains unchecked.

15.6 Property Registers 15.6.1 Whenever a commercial or organisational (e.g. police or charity) identifying applied mark

is encountered on recovered property, enquiries with the identified property registering agency must be undertaken by the member of staff encountering the mark.

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16. Definitions 16.1 Central Evidence Management Unit (EMU) 16.1.1 The Central EMU is the Force facility for the storage and disposal of property and the

base of operations for the Records & Property Manager. It is currently located at St Anne Street Police Station.

16.2 Area EMU Stores and Safes 16.2.1 Area Property Stores are defined as a secure room or rooms used for the safe storage of

found property and evidential items prior to their return to owners, production in Court proceedings or for ongoing transportation to the Central EMU. A safe is defined as a container of metal construction fitted with a security lock and insured for the storage of valuables and cash.

16.3 BCU Admin Managers 16.3.1 Those individuals given management responsibility for Area/Department EMU staff and

stores. 16.4 Property 16.4.1 For the purposes of this policy, property includes money and all other property of a

personal, physical or material nature (excluding land and property permanently affixed to it).

16.5 Insurance Limits for a Locked Safe 16.5.1 Insurance limits are:

£3,000 (Three Thousand Pounds) for a 24/7 Staffed Enquiry Office £1,000 (One Thousand Pounds) for all other (part time) Enquiry Offices

Property & Evidence Management - Merseyside Police

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