Police Scotland Probationer Training - Productions PDF

OFFICIAL Unit 3 Lesson 14...

OFFICIAL Unit 3 Lesson 14 Productions Lesson Aim: The learner will be able to seize, package and lodge productions Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- This lesson will outline the importance of being able to identify what a production is and 1. Define what a production is how to seize, package and lodge them correctly to ensure they maintain their 2. List different types of production evidential value. The most common error when lodging 3. State your powers to seize productions productions is carelessness. If productions are not lodged correctly this could lead to evidence being deemed inadmissible. 4. State the evidential value of a production 5. List necessary details to note when seizing productions 6. State the information required on a production label 7. Seize, package and lodge productions 1 th Amended 24 April 2024 v.6 OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions What is a Production? The definition of a production provided in the Police Service of Scotland Productions SOP is:- "Productions are defined as an article document or anything (including animal) which is connected to a crime or offence or other matter under review". Different Types of Production The following mnemonic can be used to help remember what can be a production:- Document: Birth certificate, suicide notes, receipt Article: Money, foodstuffs, smart speaker, mobile phones, weapons, knives, clothing, liquids. Connected with a crime, offence or incident under review, or Any other thing Health & Safety Following on from your Evidential Considerations lesson you will be aware of possible risks connected with crime scenes but this is worth re-visiting again. Upon attending any scene or whilst attempting to identify and seize productions, always be mindful of your surroundings. You may on occasion be faced with a variety of potential risks, including:- Electrical hazards Hazardous liquids Knives/ Sharp objects Individuals hidden on the premises that could cause you harm Dangerous animals It is imperative that you assess every situation and take appropriate action. 2 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Power to Seize Productions You have the power at common law to seize productions without warrant. Although this power is derived from common law you can also use it to seize productions in connection with statutory offences. Indeed, certain statutes provide you with an additional power to seize items as productions, e.g. legislation relating to drugs, firearms and poaching, amongst others. If property is within premises, you may have to initially obtain a search warrant to gain access to the premises. Evidential Value While the decision to seize productions rests with the Reporting Officer or Scene Examiner, careful consideration must be given as to whether the production requires to be seized (e.g. is the production required as evidence or is it important to an investigation into other matters such as deaths or missing persons). Ask yourself; “Is it necessary to seize the article?” Productions should only be seized where they are evidentially necessary or required for forensic examination. (i.e. of evidential value). The seizure must be justified and you may be asked to explain your rationale for seizures by supervisors or Production Staff who are empowered to do so. Note:- If items are seized for forensic examination owners should be advised about the potential risk of damage. Consider issuing a disclaimer per Appendix D. 3 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Details to Note When Seizing Productions Officers should ALWAYS check spelling and production numbers Officers should note the following within their police issue notebook/ mobile device:- Time and date of seizure Detailed description of article Exact location found and office where lodged Owner’s details Full details of witnesses speaking to the identification/seizure of production Protective measures in place to prevent contamination Signature from owner/witnesses Production number and page Details of corroborating officer Production Labels The production label or the label on the production packaging must be completed and signed by all relevant witnesses. Where used, the label should be secured to the production in a way which does not compromise the integrity of the packaged item. (i.e do not staple a label to a football). Witnesses must sign and print their name on the label The TIME and DATE of seizure must be recorded Accused’s name / DOB/ nature of enquiry must be inserted if known Officers PSI number must be inserted in the relevant field Production description field should be as comprehensive as possible including visible damage The “OWNER” of the production must be clearly identified if known including address, e-mail, and telephone number Above all the label must be legible 4 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions It is not sufficient to record ‘Accused’, ‘Witness’ or ‘Complainer’ on the label or production record. Full owner details should be noted. Where the owner of a production is an organisation or business, a contact name, phone number and department should be provided. An example of a production label can be seen in Appendix A. Note:- Always record any damage or distinguishing features of any items in both your police issue notebook/ mobile device and on the production label. Professional Standards PS Only store productions within designated production stores at the earliest opportunity or in any case, by the conclusion of your shift. Activity 1 A1 Today, you report to Brookbank Police Office to start your shift. You are working within group 5 on an early shift (0700 to 1600hrs). Sergeant Gallacher (H678) takes your briefing and informs you that you will be uniform foot patrol with PC Graham in Brookbank town centre. At approximately 1000 hours you are instructed to attend at Boots the Chemist, 107 Main Street, Brookbank regarding a theft by shoplifting. You arrive a short time later and are met by the store manager, Colin Smith. Colin informs you that the security guard David Jones witnessed a male concealing various cosmetics in the inside of his jacket. The cosmetics were valued at twenty pounds. The male is compliant and the incident was caught on CCTV. The male has no previous convictions and is not wanted or missing as per PNC/CHS check. What information should be within your police issue notebook and what course of action should you take. Make sure to note what productions you would seize if any and how they would be lodged. See Appendix C for an example notebook entry. 5 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Packaging Guidance As productions can be anything, the following guidance has been prepared on those most commonly seized by police. Updated guidance and further information in the Police Scotland Production SOP. Sharps Any blade or anything with a sharp point should be placed within a plastic tube (as pictured). Production labels are unnecessary as the tube should then be placed in a self-sealed production bag, and all details recorded thereon. Note:- A sharp item is any item that can present a risk of injury to anyone handling them or piercing the bag. E.g. knives, screwdrivers, keys, scissors, syringes etc. Glass Bottles or Shards When lodging broken glass extreme care should be taken. Broken glass should be placed into a Tamperproof Evident (TE) Bag and thereafter into a sealed Cardboard Box. The box should then be placed into an outer TE Bag, which should be fully filled in and labelled ‘SHARPS’ All edges of the box must be taped closed to prevent any loose shards or splinters escaping. Weapons tubes can also be utilised if there is no access to Cardboard Boxes following the above guidance. Note:- All sharp and potentially dangerous objects should be marked clearly on all packaging:- ‘SHARPS’ 6 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Money Money must be placed within a production bag with all relevant details completed, particularly owner information. A certificate of counting form [number 112-041] must be completed and a copy taken. The copy form should be placed inside the bag with the cash in such a manner that the form is visible and can be read without the bag having to be opened, [i.e. the side with no writing on the bag] the original form should be lodged as a documentary production. Consider photographing cash at the time of seizure. This may be important where there is a need to demonstrate that money has been stored in a particular fashion e.g. dealer folds. Where cash is not required for forensic examination it should be counted twice by either use of a counting machine or manually (results should be identical). All sums over £1000 will be video recorded and the DVD lodged as a production. In circumstances requiring money to remain in its original state for forensic examination or otherwise, it should be placed in a self-seal tamper proof bag. It should be weighed and the production description should include the weight of the cash. Counterfeit Currency Notes should be placed in a sealed bag. The U.K. National Centre Office (UKNO) Form, known as NCO1, should be completed and attached to the outside of the bag along with four copies of the completed form. Mobile Phones/Tablets Boxes with transparent windows are available for the packaging of devices. The device should be secured to reduce movement inside the box. The box should then be placed within a production bag and relevant details completed, in particular owner information. Any damage to the device when seized should be recorded. 7 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Note:- Do not use adhesive tape on the device as this can cause damage to the phone screen/case. DNA Samples/Swabs For DNA samples, all relevant paperwork should be completed, then placed in a sealed production bag and placed in the freezer or fridge. Please refer to the local guidelines as to the storage of swabs. Blood/Urine Samples Blood and urine for cases other than road traffic will submitted via local processes, often using the Examination Request Form (ERF) on the intranet. Ensure forms are filled in correctly and attached to the appropriate samples. Inform the production keeper when the sample is required to be transferred to the lab. 8 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Drugs Caution must be taken where controlled/prescription drugs/new psychoactive substances and unconfirmed substances/powders are being seized as these can present a risk to the safety of Officers. These should be treated with care until they have been tested. Items should be double bagged, with one self-seal production bag placed within another. Only the exterior label requires to be completed. Any substance that can be presumptively tested should be tested prior to being lodged. Note:- If any unknown substance is thought to be life threatening or dangerous, this would need specialist removal. Cannabis Plants Cannabis plants should have all soil removed from them before being placed in a production bag, it must be double bagged and the bag should remain open so the plant can be left in storage to dry out, only then will it be sealed up. Only seize necessary items from cannabis cultivations, any other items removed and not required by officers should be disposed of by the officers dealing. Ensure that:- The Production Keeper is informed that the plants are to be retained You dry the plants, making sure they are secure You seal bags once they are dry, not before as they might go mouldy You refer to divisional guidelines in relation to storage. Health and Safety HS Cannabis Cultivations can be dangerous and complex to deal with, often with the presence of hazardous chemicals and electrical equipment. The rules in relation to the seizure of chemicals, equipment, plants for analysis etc. is also complex. Guidance should be sought from the online Cannabis Cultivation guidance on the Intranet and/or the Drug Expert Witness Unit. 9 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Clothing Clothing should be placed in brown paper production bags. Clothing or any other items should not be lodged wet or damp, they should be placed within an appropriate drying room to dry out and only put into bags once fully dry. Note:- All bloodstained clothing should be marked with hazardous tape available, or with ‘bloodstained clothing’ on all packaging and on the relevant production system. Sudden Deaths Seize any medication and lodge at the relevant police office. This should be disposed of after toxicology results are received informing that there is no criminality. Productions from sudden deaths should be handled sensitively. All officers should be aware that there are circumstances where ownership of property may be under dispute and as such, advice should be sought prior to returning property to rightful owner. Any Confirmation of Death (CoD) or Mortuary Forms, should be left at the relevant office. (Seek Guidance at Division) Guidance from COPFS in relation to sudden deaths reiterates that only necessary productions are seized during any related inquiry. Consideration should be taken that any item taken may be of value to the family. 10 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions CCTV When lodging CCTV, this must be accompanied by relevant certificates of authentication, known as Schedule 8 certificates. A Section 279 Certificate of Authentication form will be lodged along with any CCTV. A Section 283 form, which covers who is responsible for the CCTV on the relevant times/dates must also be completed in respect of the CCTV and lodged as a separate production or case related document (dependent on Divisional guidance). If CCTV is required for production at court, then any items may require to be re-formatted for court purposes. Firearms and Ammunition Prior to handling, seizing or lodging any firearms/ammunition these must be made safe by a suitably qualified Authorised Firearms Officer (AFO). When made safe a green label will be attached by the AFO. Prior to being made safe a red label will be left near to but not attached to the firearm. Health and Safety HS Under no circumstances should any untrained officer attempt to attach any labels to a firearm or make a weapon safe prior to it being examined by an AFO. Any firearms/ammunition should be protected in situ until the arrival of an AFO. Documentary Evidence All documentary productions must have a label or documentary productions sheet attached. 11 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Lodging Productions It is the reporting officer’s responsibility to ensure that the productions are recorded accurately whether this is on paper or an electronic system. Special care must be taken when dealing with more than one production to ensure accuracy. The production should be lodged within the police production store closest to the locus of the offence, unless there is an over-riding operational reason to lodge elsewhere. If during the course of an enquiry additional productions are seized or additional information becomes available regarding ownership of property, the reporting officer must ensure that all property and records are updated accordingly. Note:- If at any point a production bag needs to be opened, the production including original bag should be sealed in a new production bag, details should thereafter be filled in with the original production number on the new bag. Return of Productions Prior to criminal proceedings, productions may be returned to the owner in the following circumstances (unless there is a dispute of ownership):- If a label in lieu is signed, this can relate to recovered stolen property or perishable items; In summary cases, where the retention would cause unnecessary hardship or inconvenience to the owner e.g. motor vehicles, electrical items; In petition cases, the PF may direct that the productions are photographed and returned. At the conclusion of criminal proceedings, productions should be disposed of following receipt of a release note from COPFS and in serious crime only with consultation with a senior investigating officer. Release notes are issued by COPFS and dispatched directly to productions stores. COPFS will instruct what will happen in terms of disposal of the property, under the following categories:- Return to owner Photograph prior to disposal Return to owner against signature on label 12 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Return to owner on undertaking to produce in court Forfeited by the court Disputed Ownership, retain Appeal pending, retain Destroy Other detailed method Production staff will be responsible for arranging return of property to owners. Where the return involves property belonging to the victim of sexual crime, the return will be arranged by the appointed Sexual Offences Liaison Officer (SOLO). The owner will be advised when the property is ready for collection and of their obligation to provide reliable identification. (e.g. passport, driving licence, in absence of either a utility bill or bank statement showing the home address would be acceptable) The source of identification provided should be recorded and a signature obtained prior to release. Activity 2 A2 You will now be given the opportunity to package different productions. Refer to your notes and seek guidance from your Instructor if required. Your Instructor will provide relevant feedback. 13 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Appendix A 14 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Appendix B 15 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Appendix C Notebook Entry NE RESTRICTED T12345 Wednesday 22nd January 2020 0645 Paraded at Brookbank Police Station for Duty 0700hrs-1600hrs shift 0700 Briefed by Sgt. Gallacher. Tasked with Uniform mobile patrol with PC Graham H678 High risk Misper Sam O’NEILL (Male) 22/03/1974 129 Brookbank Road Brookbank Blue baseball cap, white T-shirt, brown Leather jacket, dark blue jeans, white Nike trainers. Tattoo “ACAB” on fingers 1000 Attended Boots Chemist, 107 Main Street regarding shoplifting 1015 Colin SMITH 12/03/1989 (30) @ Edinburgh RESTRICTED 79 16 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Appendix C Notebook Entry continued NE RESTRICTED T12345 Scottish (w) 1045 12 Brookbank Close, Brookbank B12 3AS 1100 07791234567 Manager Boots Main Street 01259865437 STATEMENT NOTED…N/A FOR LESSON 1145 David JONES 15/06/1995 (24) @ Cape Town South African (w) 135 Brookbank Street Brookbank B31 5DT 1200 07791234567 Security Guard Boots Main Street 1215 01259865437 STATEMENT NOTED…N/A FOR LESSON 1315 Arta SINGH RESTRICTED 80 17 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Appendix C Notebook Entry continued NE RESTRICTED T12345 17/04/1979 (41) @ London British (A) 3 Brookbank Way Brookbank 6AD 7GH 01259 645732 Unemployed 1317 PNC/CHS – known/ NW – Previous Assault – WM – Violence 1319 Stolen Property Search – Negative 1325 Issued with RPW 1330 CCTV viewed and of evidential value And seized. 1430 CCTV Production Number: 123456 1600 Off Duty RESTRICTED 81 18 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Appendix D 19 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions For further information, use the resources shown below:- Police Scotland Intranet - Productions SOP Review: You can define what a production is You can list different types of productions You can state your powers to seize productions You can state the evidential values of a production You can list the necessary details to note when seizing a production You can state the information required on a production label You can seize, package and lodge productions 20 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 21 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 14 Productions 22 Scots Criminal Law: Police Power & Principles of Evidence OFFICIAL