Investigative Skills 3.24 Police College PDF

Version: 3.24  Police College INV01 INV01 Investigative Skills Index INV01 Lost and Found Property 2 INV02 Packagin...

Version: 3.24  Police College INV01 INV01 Investigative Skills Index INV01 Lost and Found Property 2 INV02 Packaging 10 INV03 Fingerprint Legislation 18 1NV04 Property Management 35 INV05 Theft 51 INV06 Burglary 58 INV07 Robbery 68 INV08 Going Equipped for Stealing 73 INV09 Making Off Without Payment 77 INV10 Fraud 84 INV11 Handling Stolen Goods 98 INV12 Criminal Damage 106 INV13 Misuse of Drugs and Psychoactive Substances 115 INV14 Critical Incidents 138 INV15 Warrants (Self-taught) 146 INV16 Cordons 154 INV17 Justice and Security 161 OFFICIAL [SENSITIVE] Page 2  Police College INV01 INV01 Investigative Skills Lost and Found Property Introduction Lost property is property that is reported as lost to police by members of the public. Such property is often identifiable by means such as physical description, identifiable markings, uniqueness, quantity etc. If in the course of your duties you encounter members of the public who wish to report lost property you should advise them to contact the location where they believe the item may have been lost. PSNI will generally not record reports of lost property, as this does not help with re-uniting the owner with found items. Police guidance is for property to be retained at the site where it was found. After several days, the owner can contact police and a Niche search can be carried out if the item is one that may have been recorded, such as a mobile phone. Key Learning Point OFFICIAL [SENSITIVE] Page 3  Police College INV01 INV01 Lost passports Operation Hole is a Home Office run process to carry out immigration checks on foreign nationals who report their passports lost or stolen. In one area where the data was monitored, only 34% of people reporting lost or stolen passports could be shown to be lawfully in the UK, therefore checks on all reports would be prudent. Take the reporter’s full name, date of birth and nationality. Contact Immigration Command and Control Unit (on 03000 134 999) and ask discretely for an immigration check. If there are offences disclosed then an arrest may need to be made. If there are no offences, then ask the reporter to contact their embassy or consulate to report the loss. Found property Found property is property which is located by members of the public, including other emergency services or by police, and is not suspected of being evidential. Property is found by the public and police on a daily basis. When encountering found property, either directly or from the public, your first step should be to establish if it is evidential. At times this will be obvious, e.g. controlled drugs. At other times you may need to make some enquiries, e.g. on patrol you encounter a quantity of DVDs on the street. Your first enquiry should be to check if a recent crime has occurred in the vicinity. Evidential property can be seized and retained using legislative powers. On occasions when an item of found property subsequently becomes evidential, it should be the responsibility of the person making this decision to seize the item; e.g. if you have taken possession of an item and deposited it as found property and it is placed in storage and 5 days later another officer deems that it is stolen, that officer should at that time seize the item as evidential, not the original officer. It cannot be back dated, in that you cannot “create it” as an evidential item for the time you seized it. However you may be asked to provide a statement regarding your involvement in its possession so it is imperative that you record details of all finds in your notebook. OFFICIAL [SENSITIVE] Page 4  Police College INV01 INV01 Retaining Found Property Whilst there is no legislative power to seize and retain found property there is an expectation that police should retain property when appropriate. The storage of found property by the police is both inconvenient and costly. Retention of found property will be avoided whenever possible. Services such as Translink, airport authorities, taxi companies, etc., will have their own procedures in place for the retention and disposal of found property within the governance of their remit. At festivals and concert venues, property should be handed to the organiser of the event. In hotels, clubs, cinemas, shopping centres, or council buildings, property should be handed to a responsible person within the building. PSNI cannot accept collections of found property, as this means that it is likely never to be reunited with the owner. Finders of property will be encouraged to retain all found property except those items listed below which cannot be retained and must be passed to police. Discernment should also be used for valuable items or which are particularly significant, e.g. a sports trophy. An Investigating Officer can be appointed to make enquires. They should consider use of social media and enquires in the area in which the item was found. Found property should only be taken into police custody when it is essential for police purposes to do so. When such retained property is subsequently claimed, it will only be released from police custody on satisfactory proof of ownership. In your everyday role it is important for you to recognise when property should be retained by police and your role in that procedure. The disposal of property is governed by legislation found in the Police Property Act 1897. Found property will be retained for 28 days then disposed of, or returned to the finder (if a valuable item or cash). OFFICIAL [SENSITIVE] Page 5  Police College INV01 INV01 Property not retained by the police Some property will come into possession of police which we do not need to retain. However the property must still be logged on Niche; thereafter, such property can be disposed of at a local level. Property will not be retained by the police when it is: Of little or no value AND Unidentifiable AND The finder does not wish to retain or claim it Persons prohibited from retaining property Finders of property will be encouraged to retain it unless prohibited from doing so because they are: PSNI employees and contracted employees Of no fixed abode or not resident within Northern Ireland Property not to be retained by the finder There are certain categories of property that cannot be retained by the finder under any circumstances. Such property must be surrendered into the control of police. Property will not be retained by the finder when it is: Recorded on Niche as lost property. It is the responsibility of the officer receiving the report of found property to ensure that a check is made on Niche. If an item as described matches any property indicated as lost the found property should be taken into police possession. Identifiable: That is, property which can be linked to its owner e.g. a suitcase which contains the owners name on an attached luggage label, or an identifiable key. OFFICIAL [SENSITIVE] Page 6  Police College INV01 INV01 A classified or official document. Estimated to be of a value of £200 or more. Cash over £100. A postal order or giro warrant. A cheque, pawn ticket, lottery ticket or personal document. A premium, savings bond or savings certificate. A drug or poison: Drug will include legal and illegal drugs. A firearm, ammunition or explosive. A service uniform or piece of equipment. Suspected to be the proceeds of crime. Unlawful for the finder to retain. Any item which, in the professional judgement of the person taking the report, presents a danger either to the finder or public. Procedures when taking possession of found property When you are handed found property, whilst on duty, which must be retained, you must make an entry in your notebook in the presence of the finder and get the finder to sign it. 1. Note a description of the item, time, date and location of where the item was found. 2. Note the time, date and location of where it was handed to you. 3. You must obtain the name and address of the finder so they may be forwarded an official receipt in due course if necessary. 4. You should then take the item to the station area in which it was found and pass the item and finders details to the SEA who will log it on Niche. 5. The item will then be retained in the property transit store. 6. A receipt will be sent to the finder. When you are engaged on duty in a different police area from your normal area of duty you should follow the procedures above. If it is not practical to attend the nearest station yourself, then in exceptional circumstances you may transfer the property and finder details to an officer from that police area that will follow procedures as above. OFFICIAL [SENSITIVE] Page 7  Police College INV01 INV01 You should make a record of this and sign each other’s notebooks to reflect this. Remember these items are not evidential so will not have continuity labels. Having notebooks signed will preserve the integrity of movement. Found property handed to the police in a sealed envelope or other similar receptacle by a member of the public should always be opened and examined in the presence of the finder. Where, in exceptional circumstances, this person cannot remain while this is being carried out the property must be opened in the presence of another officer. A brief note of the facts should be made in your notebooks. In all cases this should be subject to the overriding consideration that the envelope or receptacle may be a booby-trap. Found money When handed cash by members of the public you should count the cash in an appropriate area in the presence of the finder and have them sign your notebook to confirm this. You will again count the cash in the presence of the SEA when logging it on Niche. Cash will be dealt with similarly to other found property in that it will be recorded on Niche. Its retention will differ slightly, however once deposited you will have no further dealings with it. There is an exception to counting cash in the presence of the finder and that is when circumstances are such that you wish to seize it as evidential property. The cash may be sent for forensic examination so in those circumstances the cash should only be counted in controlled conditions. Remember such seizures will be treated as seized items and will not be subject to found property procedures but seized property procedures. OFFICIAL [SENSITIVE] Page 8  Police College INV01 INV01 Lost and Found Property OFFICIAL [SENSITIVE] Page 9  Police College INV02 INV02 Investigative Skills Packaging Introduction You have looked at the procedures in relation to lost and found property. We will now look at items that can be described as evidential property, sometimes referred to as special property. Evidential property can be defined as property which: Relates to a crime; or Has been removed from the scene of a road traffic collision. The handling of this property is of great importance. From the moment it comes into police possession we must be able to: Identify each specific piece of property Identify who took possession of this property Identify where and when it was taken into possession Identify when possible from whom it was taken Account for that property’s movement Package it correctly to preserve the integrity of the item Property is recovered from all imaginable sources, and anything imaginable can be recovered. We recover property from crime scenes, collision scenes, businesses, people; suspects, victims, witnesses, and police themselves will create property in the course of an investigation. Unlike found property we have legislation available to us to empower us to seize and retain property. Some specific legislation allows us to seize property e.g. the Theft Act (NI) 1969 allows us to search for stolen property and to seize it. Most of our powers will come from Police and Criminal Evidence (NI) Order 1989, as amended 2007. Article 21 of PACE gives us a power of seizure. Article 24 of PACE gives us power of retention. OFFICIAL [SENSITIVE] Page 10  Police College INV02 INV02 Packaging procedures We need to package items for a number of reasons. One of the primary reasons will be to preserve forensic material. The packaging will contain any forensic material that we may wish to examine. The packaging is constructed and sealed in such a way that it contains the potential evidence in a manner that allows us to extract it if required. Another reason is for health and safety. We may recover weapons or items which, if not contained correctly, could cause damage to ourselves, others or other property. Packaging allows us to safely store such items as knives, broken glass, etc. Packaging also allows us to preserve the integrity of property we recover. It provides a chain of integrity whether items are examined or not and ensures that we as an organisation are accountable for our practices and procedures. Please see Classis for examples of packaging. Integrity To ensure the integrity of items we will create an integrity seal. This seal is in place to show that the integrity of the item is intact – nothing has been added to it, nothing has been taken away. Paper bags and boxes will require the officer to place a small signed adhesive label onto the join, over which adhesive tape will be placed. This seal should never be broken even if items are subsequently examined, proving integrity back to the moment an item was created. Tamper evident bags provide this integrity with the self-sealing adhesive. There is no requirement to place a white label on these. Once sealed, the item can only be accessed by cutting the packaging, preserving the integrity. Continuity It is imperative that when evidential property comes into police possession that a trace can be made of every police officer possessing the item. To that end all property will have a continuity label. This label will contain an identification number, description, date and time details, and other identifiers. In addition it will also contain information of every officer who has physically possessed the item, no matter how short or long for. OFFICIAL [SENSITIVE] Page 11  Police College INV02 INV02 Every person who has the item will print their details on and sign the continuity label. It is imperative that we can account for every movement of the item to provide a chain of continuity and account for every movement and action involving the item. If there are any queries raised in relation to an evidential matter relating to the item a defence team will seek to explore this continuity chain and ask questions of every person involved. If there are any breaks in the chain or we are unable to account for the item at any time it will open the possibility of refuting any evidence that comes from that item. It is imperative therefore those items of property are always stored properly. Storage All items of property will be recorded on Niche. Initially the information from the continuity label will be uploaded against an occurrence by a trained property officer or station enquiry assistant. Items will be held in storage within your local district property offices. A number of departments also have their own property stores. Any subsequent movement of the item will also be recorded on Niche. So as well as signing the physical continuity label on the item, a computer log will also be maintained showing your possession of an item. Property stores will have the adequate level of security however there are occasions when you may need to take possession of an item, e.g. to show to a victim for identification. On such occasions you must ensure that items are secured when in your possession and not left where others can access them. Personal Protective Equipment for DNA17 When seizing an item with the intention of submitting it to FSNI for DNA17 testing, the minimum PPE to be used is: Facemask (put on first and must cover the nose) 2 x pairs of gloves The outer pair of gloves must be changed when any subsequent item is being seized. OFFICIAL [SENSITIVE] Page 12  Police College INV02 INV02 Packaging Material The type of packaging will depend on where it goes. If you are seizing an item for safekeeping that does not require examination, then a label tied on it can suffice. Cardboard Box If an evidence box is to be the primary packaging, only ONE integrity label should be used at the closure and all seams and holes covered with sellotape. If cable ties are used to secure the item to the box, cover the holes made with sellotape. If this is done through a printed label on the box, draw a line through the label and attached a 38/30 label. If a box is not the primary packaging, then the box should be sealed with a piece of sellotape – no integrity seal - draw a line through the label and place the box into a tamper evident bag, seal the bag and complete the TE bag label. Rigid containers (boxes, sharps tubes, etc.) are used for: Firearms Sharp objects Paper for ESDA analysis (Electrostatic Detection Apparatus, to examine for indented writing) Items for fingerprinting Liquids Paper bags are used for: Clothing Footwear All plant material (e.g. cannabis plants) Miscellaneous items There is no need to wrap sellotape three times around the fold of a paper bag; just ensure that there are no gaps around the fold. It is important to note that very wet (including heavily blood stained) clothing or footwear should never be placed directly into a paper bag – unsurprisingly, that will result in disintegration of the bag. OFFICIAL [SENSITIVE] Page 13  Police College INV02 INV02 Place a tamper evidence bag into the paper bag (unsealed and unlabelled) and place the wet items into that. Then seal the paper bag as normal. Ensure you mark the item as “WET” in the description field, and submit the item within 24 hours of seizure to FSNI for specialist drying. Tamper evident bags are used for: Paper items (not ESDA) Bullets and cartridges cases Drugs (tablet, resins and powders) Paint Hair Additional Drugs Packaging If you seize fresh plant material such as cuttings from cannabis plants it must be packaged in paper exhibit bags to prevent the material rotting. Small amounts of dried herbal material (rolled joints) can be packaged in plastic tamper evident bags as can powders/tablets/etc; although you may wish to put powders into a plastic vial before placing in the bag. This will prevent any problems of spillage when attempting to submit to FSNI for examination. Nylon bags used for: Liquid accelerants (petrol, white spirit, etc) Cartridge discharge residues Explosive residues A nylon bag kit contains eight bags, heat-sealed into an outer nylon bag. These should only be used by trained personnel. OFFICIAL [SENSITIVE] Page 14  Police College INV02 INV02 Mobile Phone Packaging It is policy that, save for circumstances of urgent risk to life or similar critically urgent circumstances, all mobile phone handsets should be turned off at the point of seizure by the seizing officer and any decision to the contrary and justification of same should be recorded by the officer concerned. Ordinarily the battery is kept in the phone, however, with Blackberry devices, after switching the phone off, batteries should be removed from the Blackberry. The switching off of handsets at the point of seizure ensures compliance with legislation and the subsequent packaging of the handset in the approved cardboard box prevents unintentional reactivation of it. If in doubt consult your local DESU or CSI. If a handset is seized under the exceptional circumstances of urgent risk to life, it should be placed in a Faraday bag at the very earliest opportunity to prevent further interaction with a network and transported to e-Crime at the earliest opportunity. Colleagues should consider that when a handset is placed in a Faraday bag the battery life of the handset diminishes rapidly as the device increases its effort to connect to a network. Faraday bags are available in limited numbers from CSI. Ordinarily, phones seized should be packaged only in the approved mobile phone card board box packaging in accordance with the directions given. Please see Classis for examples of packaging and further guidance in relation to digital evidence. Cash Seizure There may be times when you have to seize cash. When bagging and sealing cash, it is advisable to ensure that: Gloves are worn; Photographs are taken; Cash is double bagged and sealed, using clean bags; OFFICIAL [SENSITIVE] Page 15  Police College INV02 INV02 The amount of cash found is estimated; The cash is sealed in the presence of the subject and an entry is agreed in the officer’s notebook, if possible; Two officers are present and both sign the exhibit labels; The cash is lodged in a safe until it can be sent for analysis (e.g. mass spectrometry for drugs, contaminations from explosives or for fingerprints) or paid into the bank; If cash is found during a search, it is logged as recovered property on the record of search form; details of the location of the ‘cash find’ should be entered on the search log. Officers should not count the cash as this might cause contamination and spoil any subsequent tests carried out (unless it is decided at any early stage that the money is not to be forensically examined). There may be circumstances where it is necessary to remove the cash from its container without counting it. The container should be preserved in the same manner. While the issue of counting the cash is to preserve forensic evidence, it is also to protect the officer’s integrity. It is also advisable to avoid the following: Taking the cash to a custody suite that is potentially contaminated with drugs, explosives or other substances. Placing property on floors or contaminated surfaces. Using officers who have recently been, or could have been, in contact with drugs, explosives or other substances. Handling cash more than necessary. Letting the person found in possession of the cash touch it. Removing the cash from its wrapping, container or bag. OFFICIAL [SENSITIVE] Page 16  Police College INV02 INV02 Packaging OFFICIAL [SENSITIVE] Page 17  Police College INV03 INV03 Investigative Skills Fingerprint Legislation Introduction Fingerprints are a very important method of identifying an individual. They are not only used to prove that a suspect was at a particular place or was in contact with a particular object but for elimination. Your prints will be taken during training to allow for you to be eliminated from any search of fingerprints as a result of an offence where you were in a scene. Consent Except as provided by this Article no person’s fingerprints may be taken without the appropriate consent. Article 61(1) PACE (NI) Order 1989. Consent must be in writing if it is given at a time when the person is at a police station. It is very rare for you to be faced with the situation of taking fingerprints outside a police station; however this situation will be changing as fingerprints can now be taken electronically. If however this does happen, best practice would be to ensure that consent is also given in writing. In the case of a person detained at a police station this consent must be recorded on form PACE 14/1A and the custody record. OFFICIAL [SENSITIVE] Page 18  Police College INV03 INV03 Appropriate Consent Means in relation to a person who has attained the age of 18 years, the consent of that person; in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian. Article 53 PACE (NI) Order 1989 Without Consent Article 61 of PACE (NI) Order 1989 provides powers to take fingerprints. Except in the listed circumstances, these fingerprints must be taken with appropriate consent, which should be in writing if that consent was given at the police station. (Art 61(1) and (2)) Fingerprints can be taken without consent in the following situations: 1. The detainee has been arrested for a recordable offence AND they have not had their fingerprints taken in the course of the investigation of the offence (Art 61(3)) 2. The detainee has been charged with a recordable offence or informed that he will be reported for such offence AND they have not had their fingerprints taken in the course of the investigation of the offence (Art 61(4)) 3. The detainee has had their fingerprints taken in the course of the investigation of the offence by police, that fact should be disregarded for the purposes if above recordable offences, (a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or (b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally). (Art 61(4A)) OFFICIAL [SENSITIVE] Page 19  Police College INV03 INV03 4. The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if— (a) the court, or (b) an officer of at least the rank of inspector, authorises them to be taken. (4B) A court or officer may only give an authorisation under paragraph (4AA) if— (a) the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or (b) the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.” 5 An officer may give an authorisation under paragraph (4AA) orally or in writing, but if he gives it orally he shall confirm it in writing as soon as is practicable. 6 Any person's fingerprints may be taken without the appropriate consent if (a)he has been convicted of a recordable offence; or (b)he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted. (Art 61(6) (6A) A constable may take a person's fingerprints without the appropriate consent if— (a) the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and (b)either of the two conditions mentioned in paragraph (6B) is met. (6B) The conditions are that— (a)the name of the person is unknown to, and cannot be readily ascertained by, the constable; OFFICIAL [SENSITIVE] Page 20  Police College INV03 INV03 (b)the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name. (Art 61 6A +6B) (6C) The taking of fingerprints by virtue of paragraph (6A) does not count for any of the purposes of this Order as taking them in the course of the investigation of an offence by the police. 7 In a case where a person's fingerprints are taken without the appropriate consent— (a) he shall be told the reason before his fingerprints are taken; and (b) the reason shall be recorded as soon as is practicable after the fingerprints are taken. Information Before a person’s fingerprints are taken with or without the appropriate consent the person must be informed:  of the reason why, before his fingerprints are to be taken;  of the grounds on which the relevant authority has been given if Article 61(4AA) applies (court or inspector’s authority);  that they may be retained and may be subject of a speculative search against other fingerprints unless destruction is required, and  that, if their fingerprints are required to be destroyed, they may witness their destruction a record must be made as soon as possible,  of the reason for taking a person’s fingerprints without consent. If force is used, a record shall be made of the circumstances and those present. A record shall be made when a person has been informed of the possibility that their fingerprints may be the subject of a speculative search. Code of Practice D 4.7, 4.8, 4.9 If the person is detained at a police station the reason shall be recorded on the custody record. Article 61(8) PACE (NI) Order 1989 OFFICIAL [SENSITIVE] Page 21  Police College INV03 INV03 Where a person’s fingerprints are taken electronically, they must be taken only in such manner, and using such devices, as the Secretary of State has approved for the purposes of electronic fingerprinting. Article 61 (8A) PACE (NI) Order 1989 Post-Conviction - Article 29 PACE (NI) Order 1989 A person may be required to attend at a police station for fingerprinting if the person has:  been cautioned or convicted of a recordable offence, and  has not at any time been in police detention for that offence (save for any time during which fingerprints were taken which were incomplete or of insufficient quality) and  has not had his fingerprints taken;  with respect to the investigation of the offence or the conviction (save for any fingerprints which yielded prints which were incomplete or of insufficient quality) and  has been convicted or cautioned no longer than one month before the requirement made, and  can be given notice of at least seven days within which he must attend at a police station (he may be directed to attend at a specified time of day or between specified times of day). Power of Arrest Article 29 (1) (1A) (1B) (2) PACE (NI) Order 1989 Any constable may arrest without warrant a person who has failed to comply with a requirement. Article 29 (3) PACE (NI) Order 1989 This is a conditional power of arrest in that the:  Requirement must be made within one month of conviction.  Person must be given a period of 7 days to come to the station. You will need to prove these points. A good record of when the requirement was served etc. is therefore essential. OFFICIAL [SENSITIVE] Page 22  Police College INV03 INV03 Impressions of Footwear No impression of a person’s footwear may be taken without the appropriate consent. Consent to the taking of an impression of a person’s footwear must be in writing if it is given at the time when he is at a police station. An impression of footwear can only be taken without consent by a constable where the person is detained at a police station and has either been: a. detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence, and either b. he has not had an impression taken of his footwear in the course of the investigation of the offence by the police or if it has, that impression was incomplete or of insufficient quality for comparison or analysis. Article 61A (3) (4) PACE (NI) Order 1989 Information If an impression of a person’s footwear is taken at a police station, whether with or without the appropriate consent: a. before it is taken, an officer shall inform him that it may be the subject of a speculative search; and b. the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record. Article 61A (5) PACE (NI) Order 1989 In a case where, by virtue of paragraph 61A(3), an impression of a person’s footwear is taken without the appropriate consent: 1. he shall be told the reason before it is taken; and 2. the reason shall be recorded on his custody record as soon as is practicable after the impression is taken. OFFICIAL [SENSITIVE] Page 23  Police College INV03 INV03 Article 61A (6) PACE (NI) Order 1989 The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable. This does not apply to any person: a. arrested or detained under the terrorism provisions; b. arrested under an extradition arrest power. Force - Article 61A (8) PACE (NI) Order 1989 Article 88 PACE (NI) Order 1989 allows the use of reasonable force when a constable is given a power under the PACE Order. With regards to fingerprints this is reiterated in the Codes of Practice ‘Code D’ 4.6. Students are reminded that human rights legislation requires any force used to be appropriate and necessary. Where consent is not given this should be shown on PACE 4/1A, i.e. person refused to sign and the remark countersigned by the investigating officer and another officer. Destruction Unless the person from whom they were taken gives his consent in writing to their retention, all fingerprints and footwear impressions must be destroyed as soon as they have fulfilled the purpose for which they were taken if either:  they were taken in accordance with Art 61 (6a) and (6B) above, or  they were taken from a person in connection with the investigation of an offence but where that person is not suspected of having committed the offence e.g. where taken for elimination purposes. Article 64 (1BA) PACE (NI) Order 1989 OFFICIAL [SENSITIVE] Page 24  Police College INV03 INV03 As well as destroying fingerprint and footwear impressions any copies must be destroyed and any computer data relating to such fingerprints or footwear impressions must be rendered inaccessible. A person is entitled to witness any destruction and to be given a certificate which will be issued to him not later than the end of the period of three months beginning with the day on which he asks for it by the chief constable or a person authorised by him or on his behalf. Retention Fingerprints or impressions of footwear may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to:  the prevention or detection of crime,  the investigation of an offence,  the conduct of a prosecution or  the identification of a deceased person or  the identification of the person from whom a body part came. Article 64 (1A) PACE (NI) Order 1989 Police can therefore carry out speculative searches on a database for matching samples. Fingerprints and impressions of footwear may be retained if:  they were taken for the purposes of the investigation of an offence of which a person has been convicted; and  a fingerprint or impression of footwear was also taken from the convicted person for the purposes of that investigation Article 64(3AA) PACE (NI) Order 1989 Therefore provided a case remains open or a person has been convicted for the offence, samples will not be destroyed. However neither the fingerprint nor impression OFFICIAL [SENSITIVE] Page 25  Police College INV03 INV03 of footwear shall be used: in evidence against the person who is or would be entitled to the destruction of that fingerprint or sample; or for the purposes of the investigation of any offence. Article 64(3AB) PACE (NI) Order 1989 Following a judgement from the European Court of Human Rights, from 31st October 2015 PACE will be amended by new legislation in the Criminal Justice Act (NI) 2013 and terrorist legislation by the Protection of Freedoms Act 2002. Suspects detained under these regimes will be reassured that the retention of biometrics (fingerprints and DNA) will be on a graduated approach. This approach will be set by: age at time of offence, disposal method used at the end of the investigation, sentencing time limits and seriousness of the offence alleged. All of these factors govern the retention period and will significantly change the current policy of blanket retention by PSNI. Fingerprints Since the introduction of PACE in 1989, it is mandatory for any person arrested, charged / cautioned with a recordable offence to be fingerprinted. You as a police officer will only take fingerprints if custody trained; fingerprints are usually taken by civilian detention officers. OFFICIAL [SENSITIVE] Page 26  Police College INV03 INV03 The fingerprints taken will be used in the maintenance of the criminal record system, they may be used to link a person to a crime scene either in the past or in the future and of course they can be used as evidence in court. It is the job of the Fingerprint Bureau to use the finger and palm prints to identify persons and thereby provide technical support to you, as an operational police officer. The notes focus on:  What a fingerprint is  How identifications are made  How to take good quality finger and palm prints. Friction Ridge Skin The skin surface on the palms of the hand, from the top of the fingers and thumbs to the wrist flexure and on the soles of the feet including the toes is different from that covering the rest of the body’s surface. It is a tougher type of skin which is hairless and is without the pigment which colours most of the rest of the body. This tougher type of skin takes the form of a fine system of ridges and furrows. This ridged system performs 3 main functions:  To assist the sense of touch.  To act as friction ridges enabling the hands and feet to grip.  To raise up the openings of the sweat glands. The system of ridges runs roughly parallel to each other but they do change direction forming clearly defined patterns. The patterned areas above the first joint of the fingers and thumbs are the ones most frequently used for fingerprint identification however any portion of friction ridge skin is identifiable. A fingerprint is: “an impression of the ridges on the pad of the finger above the first joint”. OFFICIAL [SENSITIVE] Page 27  Police College INV03 INV03 Fingerprints fall into 3 categories: 1. Inked Impressions Taken under controlled conditions by a trained operator by applying ink to the fingers and palms and pressing it onto paper. 2. Livescan Impressions Taken in custody on a Livescan machine by custody staff or trained police officers and transmitted electronically to the Fingerprint Bureau. 3. Latent Imprint An invisible sweat mark left accidentally, which requires development by either powder or chemical means. Why Inked or Livescan Fingerprints are taken Taking a good quality set of finger and palm prints is essential for ensuring the efficiency and accuracy of the fingerprint service. Due to updated methodology and procedures it is now possible to identify very small portions of friction ridge skin. Any set of fingerprints may be used for one or more of the following purposes: Verification - of identity to establish whether a person has a criminal record or simply to verify who they are. Filing - in the main fingerprint collection and for storing electronically on the computer database. Comparison - with unidentified marks left at scenes of crime. Production - at court to prove identification of a scene of crime mark. Production - at court to prove identity. Production - at a Coroner’s court to prove identity of a body. Elimination - purposes when persons may have legitimate access to scenes of crime. Passport/Visa requirements. OFFICIAL [SENSITIVE] Page 28  Police College INV03 INV03 Taking an Inked Set of Fingerprints Equipment:  Fingerprint glass / brass plate  Fingerprint ink  Fingerprint roller  Form holder  Palm print roller (any smooth cylindrical solid object)  Finger/palm print forms  National fingerprint form - for taking fingerprints and palm prints from both males and females arrested for recordable offences.  FP2/11 - for taking elimination finger and palm prints from members of the public who have had legitimate access to a scene of crime. NOT from persons whom you suspect of having involvement in the offence to eliminate them from your enquiries.  FP2/12 -on which police elimination prints are taken for retention by personnel branch. (In a custody suite it is not appropriate to take inked fingerprints using ink pads or pre-inked strips). Person to be fingerprinted  Ensure the person has clean, dry hands. It may be necessary to keep drying sweat from the hands prior to inking each finger or palm.  Check the person’s hands for cuts and wounds. If there is an open cut or wound present then an impression of that digit or palm should NOT be taken. An explanation for not taking the impression should be noted on the finger/palm form. Where the person has open cuts or wounds and there are traces of blood or body fluids or is suffering from a contagious disease, suitable precautions must be taken regarding body contact.  At all times bear in mind health and safety regulations and wear disposable gloves. Preparation Ensure that all equipment is clean and in good order. Select the correct type of form and complete the alpha numeric data in relation to OFFICIAL [SENSITIVE] Page 29  Police College INV03 INV03 the person about to be fingerprinted. Fold the form along the two fold lines. Place six evenly - spread dots of ink on the plate and roll them out with the fingerprint roller until there is an even matt black finish. Test the ink, if there is not enough ink on the plate add more and re-roll. If there is too much ink place a sheet of paper onto the plate and run over once with the roller to remove the excess ink. Then re-roll. Retest and adjust the quantity of ink until a good test impression is obtained. Finger Impressions It is important to take your time. Take each finger in turn and keep a check that each digit goes into the relevant box. If you are not careful it is easy to put the wrong fingers in the boxes or even to take the same hand twice. Where possible ensure the person relaxes their wrist and fingers as this will make rolling the fingers easier. Stand to the side at a right angle to them and the plate ensuring their arm is straight. Start with the right thumb through to right little finger and continue with left hand. Grip the digit to be fingerprinted with the forefinger and thumb immediately behind the first joint. With your other forefinger and thumb, grip the tip of the digit. This will ensure control of the finger during printing. Place the finger on its side with the nail perpendicular to the inked plate. Ensure that the whole of the first joint and about 1/4 inch of the second joint is in contact with the plate. Start with nail in upright position, Roll finger through 180 degrees, to end with nail upright again. ROLL the finger to the other side in one movement and finish with the nail, again perpendicular to the inked plate. LIFT the finger from the inked plate and place it onto the form with the nail perpendicular OFFICIAL [SENSITIVE] Page 30  Police College INV03 INV03 to the surface and roll in one movement to the other side, finishing with the nail in an upright position. Turn the plate when appropriate to ensure that the same area of ink is not used to take more than one fingerprint. When all rolled impressions are taken re-roll the ink plate to take the plain impressions. Plain Impressions Place all the fingers of the left hand together and place onto the inked plate and transfer to the form and put in the appropriate box, repeat for the right hand. Place the two thumbs onto the ink simultaneously and roll towards tip then repeat on the fingerprint form. Palm Impressions Take the fingerprint roller and roll it over the inked plate ensuring that there is enough ink on the roller. With the roller, cover the inside of the palm with an even application of ink. The coverage should extend from the base of the fingers to about 1/2 inch past the wrist flexion crease. Place the palm print roller well back on the table and parallel to the edge of the table. Place the form on top of the palm print roller with the line at the bottom of the form on top of the palm print roller. Place the heel of the right palm immediately above the line on the right hand side of the form, using lightly controlled pressure roll the hand towards the body until the base of the fingers rest on top of the cylinder. Lift the hand. Repeat the process with the left hand re- inking the roller on the plate if necessary and using the left hand side of the form. The prime objective is to ensure a good quality palm impression is taken; there is no issue if the fingers do not fit onto the form. OFFICIAL [SENSITIVE] Page 31  Police College INV03 INV03 The result should be a good quality, clear, fully rolled set of fingerprints and palm prints. Important points to remember  Clear impressions - the prints show black ridges and white furrows.  The hands are cleaned and dried before printing. If the person sweats, try to ensure that each finger is wiped immediately before ink is applied.  Stand at 90 degrees to the person being fingerprinted.  Do not apply too much pressure on the finger/palm prints either in the inking stage or the printing stage. This is shown by an appearance of very fat ridges and low contrast caused by the furrows in the finger being forced up alongside the ridges.  Ensure that the impressions are fully rolled from side to side - nail edge to nail edge, in one movement.  Do not allow the fingers to slip during printing or that they are put down twice in one printing.  Roll palms downwards from the wrist to the base of the fingers.  Retain control of the finger/palm at all times.  Fingers in correct boxes.  Do not rush - take your time.  Deal with only one prisoner at a time. If you attempt to fingerprint two persons at the same time you risk mixing up the sets of finger/palmar impressions.  Ensure that the finger and palm print forms are fully completed, signed by the person who took the prints with details of rank, number and date.  And finally clear equipment after use. Elimination Prints There will be occasions where it is necessary to take fingerprints from those who may have had legitimate access to a scene of crime. Typically this will be the injured party, their friends or family or indeed anyone who may have touched surfaces where fingerprints have been recovered or items which have been seized for examination. Where possible, every effort should be made to take such prints and submit them to Fingerprint Branch. OFFICIAL [SENSITIVE] Page 32  Police College INV03 INV03 Access to elimination fingerprints allows fingerprint staff to clear any recovered prints which were not made by a culprit, and focus on those which might lead to an evidential identification. The technique for taking such prints is the same, especially if the relevant party will attend a police station for fingerprinting. If this is not possible, pre-inked strips are available from stores and should be carried by local CSIs. Police Officers’ Role in Recovery of Exhibits for Fingerprints and Scene Preservation All crime scenes should be visited at the earliest opportunity. Fingerprints/footwear as with other evidence types can deteriorate or be damaged particularly under adverse weather conditions. The longer a crime scene remains unvisited the more the likelihood is that articles/surfaces will be touched and potential evidence destroyed. If appropriate task a CSI at the earliest opportunity. If this is not appropriate it may be necessary for you to recover and exhibit articles for submission to Fingerprint Branch for examination. If recovering an article ensure you are gloved, this will protect you from the article and whilst it stops you leaving your fingerprints behind it does not protect the article from you. When handling an object you must avoid touching it in an area where you would hope or expect to find fingerprints from natural handling. Always approach scenes of crime with an open mind. Look for all evidence types. As an example there may be footprints which require recording or protecting. Consider the weather conditions and if there is likelihood of rain the outside of the premises should be examined first or steps taken to protect potential evidence. Ensure all continuity is recorded and good notes are taken about recovery of the exhibit. Ensure it is bagged appropriately and the exhibit labelling is completed at the time and correctly. OFFICIAL [SENSITIVE] Page 33  Police College INV03 INV03 OFFICIAL [SENSITIVE] Page 34  Police College INV04 INV04 Investigative Skills Property Management Introduction TASK: Refer to Classis online for Forensic Science N.I. (FSNI) Forms. FSNI Glass, FSNI 12A (alcohol/ drugs), FSNI A-E and Fingerprint envelope. Print these Forms and bring to class. Police General Responsibilities Each individual has overall responsibility for any property they seize (or receive) and for ensuring that: An accurate property record is created within NICHE. The integrity and continuity of the property is maintained. It is packaged and labelled correctly to ensure: The maintenance of integrity. The prevention of cross contamination. The prevention of loss or damage. The Health and Safety of anyone who may need to handle the item during transit and storage. It is stored securely and safely only in officially recognised storage facilities. It is retained in line with legal requirements of Article 24 of the Police and Criminal Evidence (NI) Order 1989 (PACE), the Criminal Procedures and Investigations Act 1996 (CPIA), and any relevant PSNI directives. Its continued retention is reviewed in line with procedure and it is disposed of as soon as there is no longer any requirement to retain it. This will include appropriate disposal following court proceedings. OFFICIAL [SENSITIVE] Page 35  Police College INV04 INV04 What are the legal reasons why police seize property? a. anything seized for the purposes of a criminal investigation may be retained, i. for use as evidence at a trial for an offence; or ii. for forensic examination or for investigation in connection with an offence; and b. anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence. Initial Seizure - Considerations for the Investigating/Seizing Officer The offences are being investigated and amongst other things -whether the property adds to the total knowledge of how the offence was committed, who may have committed it, and why, whether the seizure of property is necessary to prove the case. What property is best to seize, to obtain the best evidence? How much property for analysis purposes, should be seized, given limitations on forensic submissions - particularly in volume crime cases. What the potential consequences will be if the property is not preserved. If material with an evidential value has been destroyed, there is a likelihood that a court may stop the prosecution for abuse of process. It is not necessary to retain every item obtained during the course of an investigation, any doubt should be resolved in favour of retention – this is not the same as ‘just in case’. Consider that, in appropriate cases, material may be photographed, video-recorded, captured digitally or otherwise retained in the form of a copy (if the original is perishable or the original was supplied to the investigator rather than generated by him and is to be returned to its owner) or the retention of a copy rather than the original is reasonable in all the circumstances, (PACE Codes of Practice B) OFFICIAL [SENSITIVE] Page 36  Police College INV04 INV04 Evidence- Related Property Procedure Legislative provision and evidential investigative requirements dictate that police officers have a responsibility to seize, record and retain material obtained in a criminal investigation which may be relevant to the investigation, (PACE and Criminal Procedures and Investigation Act 1996, CPIA). Receiving Property into Property Stores If there is a member available who has the relevant authority (such as an SEA) the property should be logged directly onto NICHE property.If there is no one available to log the items onto NICHE the seizing officer/OR should workflow property staff stating in the OEL all the identification numbers of the property for collection, their location and the ‘Officer Responsible (OR)’ – this will ensure there is some record of the property within NICHE at the earliest opportunity. Officers must not leave evidence- related property with SEAs or in a location which is not secure. Property staff will quality assure the packaging of each item against forensic evidence best practice regardless of whether being submitted to another agency/unit. This includes integrity/continuity and use of correct packaging materials to ensure health and safety and best evidence. Legislation Relevant to Retention and Review of Evidence-Related Property Article 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989: Once something has been seized under Article 21 PACE, it can only be retained so long as is necessary, in accordance with Article 24 of PACE. Article 24 (1) provides a general and wide power for police to retain seized items so long as is necessary in all the circumstances. In practical terms, Article 24(2) (a)(ii) means that if forensics are completed or if there is OFFICIAL [SENSITIVE] Page 37  Police College INV04 INV04 no possibility of gathering evidence from investigating the property in some other way, or if a photocopy, photograph or video could be used for investigative purposes, then property should be returned. If there is any doubt as to whether an item will be needed for use as evidence in trial or is needed for investigative purposes, guidance should be sought from the Forensic Case Manager, an experienced investigator or PPS directing officer. Examples where doubt may arise would include, if there is a co-accused who may wish to inspect the evidence, a defence statement requiring inspection of the evidence, or if it seems that the photograph/copy/video will not sufficiently represent the evidence. In practical terms, Article 24(2) (b) means that any property which has been seized can be retained if the below two criteria are met: The lawful owner is not known or is in doubt; and There are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence. Both these criteria must be met and both are bound by reasonableness. If there is no reasonable prospect of identifying the lawful owner, the property must be returned. This is a test defined in case law and it applies even when there is strong evidence that the person from whom the property was seized is not the lawful owner or they obtained the property in consequence of a criminal offence. Similarly, if a no prosecution decision has been taken, there is no reasonable ground to believe the property has been obtained in the consequence of an offence. Property Retention and Timescales All evidence-related property will be disposed of when there is no further practical or legal requirement for its retention. Evidence-related property (including that connected with a serious or organised crime offence) will be subject to property review by the OR/IO after being retained for 11 months. “The duty to retain under this code [material seized under Article 21 of the Police and OFFICIAL [SENSITIVE] Page 38  Police College INV04 INV04 Criminal Evidence (NI) Order 1989] is subject to the provisions on the retention of seized material in Article 24 of that Order”; and under Article 24(4), nothing can be retained for use at trial or investigation, where a photograph will suffice. When sending instructions/workflow ref disposal or retention of property it is not sufficient to place an entry on the OEL such as “property can be disposed”. Please ensure the relevant property store is work flowed ref disposal or items will remain against your name on Niche. CPIA Considerations – Summary of main points If there is no suspect Until all reasonable lines of enquiry have been exhausted. Review of property after one year in all volume crime cases over and above normal periodic reviews. Formalised “Review” of retained material after 30 years in all Serious and Organised crime cases where property is still retained. If a person is charged At least until conviction or acquittal or the or reported case is withdrawn by PPS. Upon conviction At least until 6 months after conviction. This is also dependent on the offence and whether or not there may be future appeals/ public enquiries. If the suspect is At least until 6 months after the sentence of imprisoned imprisonment ends. (Sentence of 6 months This is also dependant on the offence e.g. murder, sexual or more) assaults etc. and whether or not there may be future appeals/public enquiries. If there is an appeal A least until the appeal has concluded. This is also dependant on the offence e.g. murder, sexual assaults etc. and whether or not there may be future appeals/ public enquiries. If there has been, or is Until any complaint either to PONI or PSD is concluded/ likely to be, a complaint resolved. made (e.g. where PPS have made a no prosecution decision) OFFICIAL [SENSITIVE] Page 39  Police College INV04 INV04 Sudden Death Property Medication recovered from a reported death must be retained, whether as for evidence-related or safe-keeping until at least the conclusion of any inquest proceedings. Only when it is concluded that no crime is suspected should authority for disposal be sought by the officer responsible for dealing with the matter. Volume Crime Property Volume Crime (VC) items account for approximately 70% of all property seized by police in the investigation of potential offences. Present practice has resulted in too many volume crime items being seized and too few being disposed of. Service Instruction introduces a presumption to dispose of Volume Crime items one year from the date the volume crime item was entered onto NICHE where no suspect has been identified. It should be noted that: Property can be photographed and returned to the owner (or disposed of) if that is reasonable in all the circumstances. Forensic submission is expensive – the majority of volume crime exhibits will not be sent for forensic analysis. (See VC submission criteria, below). Property should only be retained until all lines of enquiry are exhausted. Lines of enquiry comprise of – named suspect, witnesses, identification evidence, forensic intelligence/evidence, identifiable property, and intelligence information, part of a hotspot or crime series. Where suspects have not been identified or where they have not subsequently been made amenable volume crime items should be disposed of. If you are unsure if the property is suitable for retention/return or disposal then please speak with your Supervisor for guidance. OFFICIAL [SENSITIVE] Page 40  Police College INV04 INV04 The Volume Crime Forensic Submission Criterion dictates how many seized items will be examined per case and must be considered by the investigating officer when deciding whether a volume crime item should be seized. Blindly seizing and retaining property are indicators of poor performance and may also be contrary to the Victims Charter and other legislation. Strong, well-informed decisions not to seize property or to dispose of it appropriately are more likely to be supported – even if the decision turns out to be wrong in the longer term. Volume Crime Forensic Submission Criteria for cases of car crime, criminal damage, theft, burglary and minor assaults. PSNI Fingerprint Bureau currently restricts the number of items, for each case, for chemical examination to three (3), e.g. three pieces of paper from a burglary. Although from the same burglary they will take all fingerprint lifts presented (fingerprints found by CSI and lifted onto card for recovery). PSNI Forensic Authorisations Unit, FAU, guidelines are that the number of DNA source items will be initially limited to one per volume crime case (e.g. 1 x cigarette butt, 1 x swabs from the neck of a bottle etc.). If the IO makes a case that more than one person was involved in the case due to CCTV or witness testimony then the Forensic Case Manager will consider allowing more than one item. The decision on which item is best should be based on recovery location (e.g. blood inside a house is evidentially more compelling than blood outside the house – although CSI should recover all available evidence or sample a suitable number to enable identification and interpretation if relevant). The number of exhibits recovered by CSI will depend on what they find. CSI will inform the IO of the results via NICHE and include their scene notes. The IO must make the decisions on what to submit based on all available information and evidence– except for fingerprint lifts where the CSI arranges submission. Advice on what should be submitted can be obtained by contacting the Service Forensic Case Manager. OFFICIAL [SENSITIVE] Page 41  Police College INV04 INV04 Taking Firearms/Explosives into Police Possession When a firearm is taken into police possession the person receiving/seizing must ensure that it is cleared/made safe by a qualified person (in appropriate cases this should be the Ammunition Technical Officer, ATO, within the PSNI any Authorised Firearms Officer. If a firearm cannot be safely declared free from ammunition then it MUST be assumed that it is loaded – apply DLF sticker to ensure it is clearly identified/tagged. A receipt (M29 or other) is to be provided to the owner in appropriate case, ensuring that it is correctly packaged when seized for evidence related purposes. Drugs Officers can only be in lawful possession of controlled drugs, as authorised by the Chief Constable under the Misuse of Drugs Act if handled in accordance with Service policies, procedures and guidelines. Therefore all seizures should be accurately entered on NICHE as soon as possible and securely stored. No drugs should be retained in the possession of officers for longer than is absolutely necessary and officers should be prepared to justify any instances where this direction is not followed. It is important to be aware of Health and Safety issues as there can be an allergic reaction to the smell or touch of certain drugs. It is therefore important that consideration is given to being suitably suited and booted in protective clothing when handling significant quantities of drugs. Gloves should be worn when handling small quantities. Storage within Districts The description of drugs on the identification label should be kept generic, such as, suspect white powder, suspect brown resinous substance or suspect green herbal material. OFFICIAL [SENSITIVE] Page 42  Police College INV04 INV04 Responsibilities of the Investigating Officer IOs must have the following information available for inputting the property on NICHE: Field Example Type of Drug Suspect white powder, etc., record on OEL what the officer suspects the drug to be, including control class, (A, B or C). Description/Format Resin/Herbal/Plants/Tablets, markings, etc. Value Not required. Statistics Branch regularly receive updated values and base the value on the information provided concerning the seizure. Weight or Quantity Record on OEL, in the manner described in previous paragraph above. Label description Verbatim of what is on the identification label, Weights should not be included on identification labels. Seized by Officer Service number. Officer Responsible Cash The approach to the storage of cash is to reduce to a minimum the amounts held physically within the property/finance system. Money should not be stored in cash format unless absolutely necessary. It is important that the Officer in Charge provides clear instructions to Finance staff whether the cash is to be held as a sealed package (Inspectors authority required), or lodged in an interest bearing account. Cash must always be stored in a safe. OFFICIAL [SENSITIVE] Page 43  Police College INV04 INV04 Seizure of Cash Cash is normally seized under PACE provisions or Proceeds of Crime Act (POCA) legislation. Where a POCA seizure is made, an application to retain the cash must be made to the local District Court where the seizure was made within 48 hours of seizure. The Magistrates court, upon application, may order further detention of this cash to permit police to investigate its derivation or intended use and, upon application, a Forfeiture Order can be granted by the court if the cash is recoverable property (obtained from unlawful conduct) or intended to be used in crime. When a cash seizure is made under POCA it is important to notify C1 Organised Crime Purple Team. This is required for PSNI to benefit from the Home Office Incentivisation Scheme, ARIS. The Purple Team or District Financial Investigator are available to provide advice on any aspects of cash seizures. If circumstances permit any cash seized after being counted/verified by two members/staff, must be logged or otherwise recorded in an officer’s notebook. This will be countersigned by the second officer/staff and the person from whom seized if possible. The money will be sealed in a tamper evident bag and signed by both persons verifying the amount. It is recognised that this may not always be possible due to a variety of factors. The Officer will need to make a judgement call as to the approach adopted and record their justification for the action taken. If the cash is not counted and verified at the scene it should be bagged and sealed in front of the suspect and they should be asked how much cash is present, with their reply noted. The cash should be labelled with a description of the cash and an estimate or exact amount stated. It is good practice to give the person in possession of the cash a receipt. The receipt should show the total amount seized, whether or not the total amount comprises smaller amounts claimed by different people and its estimated total if not counted. OFFICIAL [SENSITIVE] Page 44  Police College INV04 INV04 The receipt is in addition to any other receipt or form normally issued (e.g. premises search form and items seized receipt). This should be signed by the person found in possession of the cash and a copy retained for the file as well as being scanned onto the Reports tab on the NICHE occurrence. Forensic Submissions Property is submitted to a number of different locations for forensic submission. The majority of submissions go to the Fingerprint Branch and Forensic Services Northern Ireland (FSNI) based at Seapark, Carrickfergus. When seeking submission of property to FSNI for forensic sampling, the following policy has recently been launched which is designed to reduce the time required to make a forensic submission and speed up the delivery of your evidence to the forensic supplier. You are now required to fill in the forensic screening form- Request for Forensic Strategy and/or Submissions with the details of your case and detail what you are trying to prove from the FSNI submission and what items you want to submit. Once completed the form is emailed to zForensicCaseManager who will complete all further forensic submission forms on your behalf and make the submission to Forensic Science Northern Ireland (FSNI) or other appropriate forensic supplier. The forms completed by the FCM on your behalf are: FSNI A - this form will be submitted in all cases and is a background document outlining details of the case and the reason for forensic submissions. FSNI B – this form relates to all items of property removed from the Suspect. These are items physically in contact with the Suspect such as clothing or swabs taken from them. It does NOT relate to their possessions e.g. an item found in the Suspect’s house would not go on the FSNI B. You must outline on this why you wish to submit these items and how they are related to the investigation. OFFICIAL [SENSITIVE] Page 45  Police College INV04 INV04 FSNI C – this form relates to all items of property removed from the Victim or Witness. Again these are item physically in contact with the Victim/Witness such as clothing or swabs taken from them. Again you must outline on this why you wish to submit these items and how they are related to the investigation. FSNI D – this form relates to all other items and as with the B and C forms you must outline why the item is to be submitted. FSNI E – this form is a continuation of FSNI. FSNI 12A (alcohol/drugs). FSNI Glass. Cyber Crime More and more investigations involve the seizure of electronic storage media such as mobile phones, computers, laptops, games consoles, tablets etc. The Cyber Crime Centre is responsible for the evidential examination of these items. Some District Electronic Support Units (DESU) have the facility to triage laptops and other computing equipment. If triage facilities are available they must be progressed prior to the Cyber Crime Centre accepting a request for examination. Similar to other items of property requests must be made to Cyber Crime Centre via a dedicated portal on your desktop called eCop. The application is used to create and manage applications for forensic examination of electronic devices and media including phones and computers. This application is managed by the PSNI Cyber Crime Centre unit. If an examination is agreed via eCop then you will arrange for items to be submitted via your property Manager to the Cyber Crime Centre which is currently based at Lislea Drive, Belfast. Local arrangements apply to DESU and they vary from district to district. You will need to outline your investigation and detail the reasons why you wish the item to be examined. Business and industry can report cyber-crime incidents via the online Cyber Reporting OFFICIAL [SENSITIVE] Page 46  Police College INV04 INV04 Portal available on the PSNI website. Computers, Electronic Organisers, Mobile Phones etc There are general principles to follow when dealing with computer-based electronic evidence at any crime scene and during any investigation that involves such evidence. These are: Principle 1 No action taken by law enforcement agencies or their agents should change data held on a computer or storage media which may subsequently be relied upon in court. Principle 2 In circumstances where a person finds it necessary to access original data held on a computer or on storage media, that person must be competent to do so and be able to give evidence explaining the relevance and the implications of their actions. Principle 3 An audit trail or other record of all processes applied to computer-based electronic evidence should be created and preserved. An independent third party should be able to examine those processes and achieve the same result. Principle 4 The person in charge of the investigation has overall responsibility for ensuring that the law and these principles are adhered to. It is important that the data on any computer, electronic organiser or other digital recording device 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. If you reasonably believe a computer is destroying evidence, immediately shut down the computer by pulling the power cord from the back of the computer (not the wall socket) or removing the battery pack from a laptop. WARNING, pulling the plug on a business server could severely damage the system, cause the loss of critical evidence and disrupt legitimate business. OFFICIAL [SENSITIVE] Page 47  Police College INV04 INV04 At the point of seizure, the device should normally be switched OFF (except in the case of a PDA). If you reasonably believe that a document currently open or program currently running is likely to contain data of evidential value then DO NOT power the computer down and instead call the Cyber Crime Centre for advice. DO NOT attempt your own search of the displayed material. If you believe that the suspect may be using encryption, if for example he or she has a high level of technical knowledge, call the Cyber Crime Centre for advice before powering down the computer. If an investigating officer decides a device must remain switched on then a thorough written record of this decision should be made detailing the reasons. Useful information/Good to know 1. There is no substitute for having properly trained Cyber Crime personnel immediately available where it is anticipated that IT equipment will be seized and subsequently examined for evidence. Advice may be sought from the Cyber Crime Centre or the District/Departmental E-Crime Support Unit (DESU) or alternatively via the link Cyber Crime. 2. Form CCC 67 can be used to request PIN/PASSWORDS from owners of devices, which will help speed up availability of information and therefore investigations. The form is available on Policenet/POINT Homepage. A revised instruction re handling Apple products involved in Serious Crime Investigations was introduced in July 2019. 3. Note that CCTV must be held for 10 years for volume crime and 100 years for serious crime. 4. When searching for property attached to yourself or for line managers checking for property for their Officers the following search will help: Detailed Find – Property – Stores tab - Staff # (enter service number) This should bring up all property items that the Officer has in the stores. Also tick the “Officer Responsible Box” this should narrow down to items you are responsible for as I/O for the investigation. It will mean that people come up with exhibits that they didn’t seize OFFICIAL [SENSITIVE] Page 48  Police College INV04 INV04 but are responsible. Please conduct your property reviews regularly and work flow the property staff with disposal requests. Stolen items recovered from a suspect and the owner can be identified - consideration should be given to photograph the item and return to the owner. This will require a statement of evidence from the owner and the officer who seized the item and returned to the owner. Damage to property - unless forensic examination is required the damage should be photographed, video taken or photocopied. Again a statement of evidence will be required to account for the item. Clothing - reasons for clothing to be seized might be to link a suspect from CCTV footage or description of the suspect by a witness which only links clothing, again for forensic examination for DNA, etc. OFFICIAL [SENSITIVE] Page 49  Police College INV04 INV04 Property Management OFFICIAL [SENSITIVE] Page 50  INV05 INV05 Police College Investigative Skills Theft Introduction Theft is a so-called ‘volume crime’. Of all the dishonest criminal offences you will deal with, theft will probably be the most common. The primary source of legislation relating to theft is to be found in Section 1-6 of the Theft Act (NI) 1969 (mandatory reading and examinable) which can be found on Classis. The information here is therefore relevant when conducting initial investigations and reporting of crime, according to the national/ local policing plans. You are likely to encounter theft early on in your career as a probationer police officer. Offences of theft include shoplifting and stealing from a friend, stranger or employer, as well as a number of other similar crimes. There are many legal complexities surrounding theft and we will examine the basic principles involved. However, it is worth clarifying at this point two particular examples of theft that occur commonly and are looked at separately in your course. These are: Robbery (theft from a person, accompanied by violence or the threat of violence). Burglary (theft or the intention of theft from a building). Section 1 of the Theft Act (NI) 1969 states, “a person is guilty of theft if he/she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it”. OFFICIAL [SENSITIVE] Page 51  INV05 INV05 Police College A thief is a person who commits a theft or in everyday language, steals something. We will examine each of the five key concepts for theft in turn. Dishonesty Dishonesty is not defined by the Act, but Section 2 (1) of the Theft Act (NI) 1969 defines where a person will not be treated as dishonest. The person is not acting dishonestly if he/she believes that:  He/she had the lawful right to take the item (for example a person mistakenly taking the wrong umbrella from a stand believing it was his or her own);  He/she would have had the owner’s consent if the owner had known the circumstances (for example your neighbour is on holiday and you are looking after their garden, but your strimmer breaks down so you take his from his shed to cut your grass); and  The owner cannot be discovered by taking reasonable steps (for example a person finds a small amount of cash in the street).  Section 2(2) of the Theft Act (NI) 1969 states that a person may be treated as dishonest if property for sale is taken without payment, even if the person would have been willing to pay for it. In the end, a court must decide if a person acted dishonestly or not. Case Law Where Section 2 of the Act does not assist in determining dishonesty, the jury or magistrates until recently were asked to consider the ruling in R v Ghosh. This test considered two questions based on objectivity and subjectivity. Following a ruling held in Ivey v Genting Casinos (UK) Ltd 2017, the Supreme Court concluded that the subjective element of the Ghosh test does not correctly represent the law. Therefore, the test for dishonesty should relate to the decisions reached in Royal Brunei Airlines Sdn v Tan 1995 and Barlow Clowes International v Eurotrust International Ltd 2006. OFFICIAL [SENSITIVE] Page 52  INV05 INV05 Police College This current test for dishonesty requires the magistrates/jury to ascertain the defendant’s genuinely held belief or knowledge as to the facts (this does not have to be a reasonable belief - the question is whether the belief is genuinely held). Once the defendant’s actual state of mind is established, the magistrates/jury will apply the objective standards of ordinary decent people to determine if the defendant’s conduct was dishonest or not. Appropriation With reference to theft, the term appropriation is given the following meaning in the Theft Act (NI) 1969, Section 3 (1):  Assuming the rights of an owner of property by keeping it or controlling its movements (for example, a girl takes a pen from a shop display and secretes it in her pocket); or  Obtaining property innocently and later keeping it and using it as his or her own (for example, hiring a power tool and not returning it). However, when an innocent purchaser pays a fair price to a person who is selling some kind of property which later turns out to be stolen, the innocent purchaser will not have committed theft. For example, if a person buys a second-hand bicycle in good faith and then discovers it is stolen, he/she will not have committed theft (Section3 (2) of the Theft Act (NI) 1969). It will then be a matter for a civil court to decide who the rightful owner is (the person who owned the cycle prior to the theft or the innocent purchaser). OFFICIAL [SENSITIVE] Page 53  INV05 INV05 Police College Property Section 4 Theft Act (NI) 1969: Property includes money, personal property (such as personal effects and domestic animals) and real property (‘real estate’) for example land and things forming part of the land, such as buildings and some plants. But it also includes:  Things in action, for example patents, copyrights, and trademarks;  Plants or fungi growing wild, but only if they are picked for sale, reward, or a commercial purpose (but always consider other legislation that might prohibit such activities).  Wild creatures, but only if they are tamed and have not been lost or abandoned since they were kept in captivity; or they are being, or have been, reduced into property  Tangible - Perceptible by touch.  Intangible - Unable to be touched.  Note however, real property can only be stolen:  By a trustee (someone who has the legal control over the land) for example during its transfer in some kind of a legal process;  By persons who do not own the land, for example by removing turf, top soil, or digging up cultivated trees and shrubs; or  By tenants, for example by removing fixtures and fittings. Electricity is not legally property, so it cannot be stolen. The offence of abstracting electricity is an offence legislated in Section 13 of the Theft Act (NI) 1969 and is not covered in your notes. OFFICIAL [SENSITIVE] Page 54  INV05 INV05 Police College Belonging to another  Property belongs (Section 5 of the Theft Act (NI) 1969) to any person who has:  Proprietary right or interest, for example the owner of a computer that needs repair;  Possession, for example the owner of the computer repair shop that the owner takes the computer to for repair; or  Control, for example the person repairing the computer. The intention to permanently deprive The intention to permanently deprive is shown by a person treating another person’s property as if it were his or her own (Section 6 (1) of the Theft Act (NI) 1969). This could include:  Lending and borrowing over an extended time scale (for example borrowing a DVD from somebody for a weekend, and keeping it for a year);  Pawning an item (for example, going to a pawnbroker’s shop with another person’s property and receiving a loan of money in exchange). The mode of trial and the penalty for theft The offence of theft is triable either way. This is an important consideration when using your PACE powers.  Summarily: six month’s imprisonment and/or a fine;  On indictment: ten year’s imprisonment. OFFICIAL [SENSITIVE] Page 55  INV05 INV05 Police College Notes Now that you have read your notes on theft you will have to formulate the grounds to make an arrest. The most common power of arrest available to police is Article 26 Police and Criminal Evidence (NI) Order 1989 (PACE), as seen in the CJS notes and lessons. Police also have powers to stop and search prior to arrest (Article 3 PACE (NI) Order 1989) and search after arrest Article 20 and 34 PACE (NI) Order 1989 (provided conditions apply). Having found the property you are looking for, PACE gives police powers to seize and retain property for evidence purposes. PACE search / seizure powers module refers. Police powers are far reaching and effect the personal and private life of the individual and other persons involved. Before using powers a police officer should in a position to answer the following questions: 1. Do I have a lawful power? Every action must have a legal basis. 2. Is what I am doing proportionate? Is there a reasonable relationship between the aim to be achieved and the means used? 3. What is