OPS 33_pages 26.docx

**BODY WORN VIDEOS** **TABLE OF DOCUMENT DETAILS** Title -------------------------------- -- Reference No St Group / Department Document Author Approved by Approval Date...

**BODY WORN VIDEOS** **TABLE OF DOCUMENT DETAILS** Title -------------------------------- -- Reference No St Group / Department Document Author Approved by Approval Date Implementation Date To be Reviewed Date Last Revised Date by Quality Assured By Protective Marking Linked to other Standing Order Relevant Legislation Pages **TABLE OF CONTENTS** [Introduction](#section1) [Page 3](#section1) [Section 1](#section1) --------------------------------------------------- ----------------------- -------------------------- [Principles](#section2) [Page](#section2) 5 [Section 2](#section2) [Legal Provisions](#section3) [Page 8](#section3) [Section 3](#section3) [Information Management](#section4) [Page 1](#section4)0 [Section 4](#section4) [Operational Use](#section5) [Page 1](#section5)1 [Section 5](#section5) [The recording process](#section6) [Page 1](#section6)8 [Section 6](#section6) [Partial recordings](#section7) [Page 20](#PG16) [Section 7](#section7) [Limitations](#A7) [Page 21](#section8) [Section 8](#section8) [Evidential Statement](#section9) [Page 2](#section9)2 [Section 9](#section9) [Training for BWV Users](#section10) [Page 23](#section10) [Section 10](#section10) [Equipment issue](#section11) [Page 23](#section11) [Section 11](#section11) [Glossary of Terms and Abbreviations](#section12) [Page 2](#section12)5 [Section 12](#section12) **INDEX OF APPENDIXES** -------------------- -------------------------- -------------------- [Annex A](#annexA) [Key Reminders](#annexA) [Page 2](#annexA)6 -------------------- -------------------------- -------------------- []{#section1.anchor} 1. **Introduction** 1.1 During recent years, technology has significantly helped improve the efficiency and effectiveness of policing. Whilst essential for future policing, technology will never replace officers on the beat but can and will improve the capability to achieve their core purpose. 1.2 [Aim] - Placing the community first by promoting public confidence through the appropriate use of BWV to maintain integrity and transparency - To ensure the integrity, retention and continuity of any evidence or intelligence gained - The admissibility, in court, of any evidence obtained - Bring more offenders to justice by the production of digital evidence - To improve the effectiveness of interviews by way of presenting key evidence to the suspect - To modify behaviour to help prevent harm to the public and to deter people from committing crime and anti-social behaviour - To support our officers and staff whom may be subject to allegations of crime themselves in the course of their duties 1.3 [Objective] - Capture best evidence to maximise charging and out-of-court disposals, promote early guilty pleas and support evidence-led prosecutions and thereby reducing: - The number of cases proceeding to trial - The court appearances attended by vulnerable victims and witnesses - Unnecessary case building requirements - Maximise the use of BWV to conduct interviews where appropriate, away from a police station improving efficiency and supporting vulnerable suspects and victims - Increase the level and quality of intelligence gathered - 1.4 [General] 1.5 The Policy considers relevant guidance from the College of Policing publications. 2. []{#section2.anchor}**Principles** 2.1 [Principle 1] 'The use of Body Worn Camera by the Police is lawful' Common Law provides the police with the authority to use BWV in the lawful execution of their duties, for the purpose of prevention and detection of crime. (Section 33 (1) (c), of the Courts (Constitution and Jurisdiction Ordinance -- 5/2007) 2.2 [Principle 2] 'The normal use of BWV will be overt'. Officers must ensure that the capabilities of the BWV equipment are clear to the public, including its ability to capture audio as well as visual images. Members of the public affected by such use must be made aware every time the BWV is in operation. The equipment may also be used for covert policing subject to relevant authorisation under relevant RIPO Provisions via Central Authorities Bureau \[[CAB](#cab)\] HQ. 2.3 [Principle 3] 'The operational use of the BWV must be proportionate, legitimate and necessary'. Strict compliance with Human Rights Ordinance of 2004 is necessary. Continuous, nonspecific recording which does not serve any particular purpose will not be permitted. 2.4 [Principle 4] 'Use of a BWV will be incident specific. Officers will apply common sense and sound judgement using the equipment, in support of the principles for best evidence.' The aim should always be to use BWV for the capturing of evidence and officers may be required to justify the reasons they did not make use of BWV. The decision to record or not to record an incident rests with the user. Under normal circumstances, all BWV users should record the incident and present an evidential encounter, regardless of the fact that other BWV users may be present. Users should always consider the circumstances and the people involved, for example, vulnerable persons. Failing to record an incident may require explanation, but in some instances, it may be justifiable not to make a video recording if not appropriate. In such cases users should record the fact in their notebook. Users should not record entire duties or patrols. Recordings must be incident specific whether or not the recording will ultimately be required for use as evidence. All recordings can be used in evidence, even if it appears to the user at the time of the incident that this is unlikely (eg, a stop and search with a negative result). All recordings should be treated as evidential until it is confirmed otherwise. If it becomes obvious that the recording will not be evidential, unless there are other justifying circumstances, users should stop recording immediately. Users should capture as much evidence as possible and should always try to record as much of an incident as possible. Users should begin recording at the start of an incident or at the earliest opportunity thereafter, for example: - As soon as users are deployed to an incident - As soon as they become aware that any other encounter is likely to occur in front of them. In order to comply with the Principles of the Policy and Human Rights, wherever practicable, users should restrict recording to the areas and persons necessary in order to obtain evidence and intelligence relevant to the incident. Users should always attempt to minimise collateral intrusion on those not involved **Officers:** - **MUST** always familiarise themselves with this policy and other relevant policies & procedures and ensure compliance. - **MUST** ensure they have completed all relevant training prior to utilising the BWV and software. - **MUST** ensure pool issue BWV are docked appropriately and made available for other staff members to use. - **MUST** wear the BWV when deployed operationally (inc. plain clothes deployments) unless otherwise directed by their supervisor. - **MUST** take responsibility for what they have chosen to record or omit, as they may have to justify their 'decision making' during any subsequent court or other investigative proceedings. - **MUST [NOT] Deploy BWV in the following situations:** - **Intimate searches** - BWV must not be used under any circumstances for video or photographic recording of intimate searches. - **Legal privilege** - BWV users must be careful to respect legal privilege and must not record material that is or is likely to be subject of such protections. - **Private dwellings** - whilst use of video at the scene of domestic incidents is covered in other sections, users must consider the right to private and family life, in accordance with the Human Rights Ordinance and must not record beyond what is necessary for the evidential requirements of the case. - **Vulnerable Persons Interview** - the use of BWV is not to be used for interview vulnerable victims; they must be dealt with in accordance with the current force policy. - **Explosive devices** - Like many electrical items, BWV could cause electrostatic interference, which may trigger explosive devices. Therefore, BWV equipment **MUST NOT** be used in an area where it is believed that explosive devices may be present. - In all cases users must use their professional judgment regarding recording. 2.5 [Principle 5] 'The BWV does not replace the conventional forms of evidence gathering (written statements, interviews), but it will operate in support.' Officers will continue to follow current procedures for achieving best evidence. 2.6 [Principle 6] 'The management of any information secured through the operation of a BWV will be subjected to the provisions of relevant Laws and Procedures.' The 'Evidence Ordinance' -- Cap 9, the Criminal Procedure Ordinance 9/2016 and the Police Standing Order C1 -- Appendixes 9 & 10 (Digital Imaging Procedure & Care, Registration, Storage and Disposal of Exhibits, respectively) 3. []{#section3.anchor}**Legal Provisions** 3.1 [The European Convention of Human Rights] [\[ECHR\]](#echr) [- (Human Rights Ord 9/2004)] The use of BWV must be in accordance with the law, incident specific and proportionate. For the purposes of the European Convention on Human Rights (ECHR), it has been determined that police users have sufficient powers in common law to justify the use of BWV, (see R (on the application of Wood) v Commissioner of Police for the Metropolis \[2009\] EWCA Civ 414 at \[98\] and Murray v the UK \[1995\] 19 EHRR 193). Use of BWV can, however, be viewed as an interference and must always be justifiable, on a case-by-case basis. Users of BWV must consider Articles 6 & 8 of Schedule 1 of the Human Rights Ordinance 9/2004 when recording and must not record beyond what is necessary for policing purposes. ***Article 6*** *Article 6 of the provides for the right to a fair trial.* *All images from BWV can be used in court proceedings, whether they provide information that is beneficial to the prosecution or the defence. They must be safeguarded by an audit trail in the same way as other evidence that is retained for court.* ***Article 8*** *Article 8 is the right to respect for private and family life, home, and correspondence.* *We are required to consider this article when dealing with recorded images, whether they are made in public or private areas.* 3.2 [Courts Ordinance] Section 33 (1) (c), of the Courts (Constitution and Jurisdiction Ordinance -- 5/2007) provides that: 'Each Court in the exercise of its civil and criminal jurisdiction must apply the common law of England and the doctrines of equity except where and to the extent that other provision has been made by an Ordinance of the Areas' **3.3 [Criminal Procedure Ordinance]** **Application of law and practice of England relating to criminal procedure (Section 7 -- Criminal Procedure Ordinance 9 /2016)** 'As regards matters of criminal procedure for which there is no special provision in this Ordinance or any other enactment, a court must, in criminal proceedings, apply the law and rules of practice, relating to criminal procedure for the time being in force in England'. (In our case there is no special provision in the Ordinance and / or any other enactment.) **3.4 [Regulation of Investigatory Powers Ordinance 2012]** In specific circumstances a BWV may be used covertly. When deployed for covert use, we must comply with the provisions of RIPO. 3.5 [Criminal Procedure (Disclosure) Ordinance] **Any audio and / or visual recordings from the use a BWV containing evidence which is intended to be used as prosecution material, will be subjected and disclosed according to the provisions of the Criminal Procedure Ordinance 9 /2016, the Criminal Procedure (Disclosure) Ordinance 16/2016, Rules 35/2007 & Code of Practice 36/2007.** **3.6 [General Practice]** **To ensure compliance with the principles and legislative provisions governing the operation and application of BWV's, the following practices will apply:** - - - - - - - - - 4. []{#section4.anchor}**Information Management** **4.1 The use of BWV's generates a large amount of digital material that must be managed with professionalism. All digital images obtained for policing purposes by the use of a BWV will be treated as exhibits and in accordance with the provisions of relevant Standing Orders. (SO C1 Appendixes 9 & 10)** 4.2 When the Divisional Exhibit Officer is not available, the exhibit, in a case where RS3-SX model used then the Memory SD Card of the device will be placed in 'Transit' and in a case where RS2X2 model is used then the whole device will be placed in 'Transit'. The Divisional IT officers who will receive the exhibit through the Divisional exhibit officer (DCIM), will be responsible, when appropriate, to create the master copy, the working copy for the purposes of the Investigating officer and any other copy as may be required for other purposes like disclosure. The contents of the exhibit will also be downloaded in the storage data base of the IT Office. 4.3 Once it becomes clear that the purpose for which the recorded images were taken is no longer valid or no longer exist and no CMS was raised, the Investigating officer, with the approval of the Duty Officer, will be responsible to ensure that the IT Office is notified via IRR, and that the recorded data are deleted permanently. Under normal circumstances, stored BWV IT data, forming part of an investigation file, will be destroyed in accordance with the provisions of SO A9 (Destruction of Official Records Standing Order) and according to the category of the file. 4.4 Under normal circumstances, officers should not use a BWV as an intelligence-gathering tool. Extremely strong justification is likely to be needed to retain such footage, especially where it only shows lawful conduct. 4.5 Sufficient numbers of Memory SD Cards for RS3-S3 model for replacements will be supplied will be formally issued against signature in the relevant register and also there are enough RS2X2 model to be used in case of any similar model treated as exhibit. The original SD Card will be returned to the investigating officer once data has been stored in the Divisional IT Data base and / or a master and working copies have been prepared and in case of RS2-X2 model the data will be handed over to the investigating officer either on a USB device or on a CD. Relevant statements and records must be made to cover the integrity aspect of the exhibit. 4.6 Viewing of stored data either by the Investigating Officer for the purpose of refreshing their memory, or by other interested parties like CJU, AGLA, can be facilitated via the Divisional IT Administrator on request through IRR. 5. []{#section5.anchor}**Operational use** 5.1 BWV devices may be used to gather digital video evidence across a wide range of operational policing situations. BWV's may help to support the Criminal Justice Units and ultimately the AGLA's Office, to prosecute offenders and achieve enhanced sentencing. It must be common practice that all operational officers assuming duty and are being deployed for patrols should be issued with a BWV for possible use. The general principles of use apply in all situations, specific considerations may apply to different types of use. 5.2 It is not realistically possible to provide a specific list of occasions where recording should be made, but the following examples may be referred to as a guideline, knowing that there could be many other instances. - - - - - - 5.2.5 [Use of BWV for the Recording of Interviews] 9. [Crime & Traffic Scenes ] 10. **[Complaints against the Police]** 11. [Court Premises] []{#section6.anchor}**6. The recording processes** **6.1 [Starting a recording]** At the start of any recording, the user should, where practicable, make a verbal announcement to indicate that the BWV equipment has been activated. This announcement should be captured on the recording and, if possible, should include: - - - If the recording has started prior to the user's arrival at the scene of an incident, they should, as soon as is practicable, announce to those present that recording is taking place and that their actions and sounds are being recorded. Announcements should be made using straightforward language that can be easily understood, such as: - - - - **6.2 [Making a Commentary While Filming]** Some evidential information may take place out of view or hearing of the camera or microphone. It may prove helpful for the user to provide a running commentary detailing evidence not presented in the video (eg, distinctive smells such as cannabis) to assist the viewer. **6.3 [Concluding a recording]** Unless specific circumstances dictate otherwise, recording must continue uninterrupted from the moment it starts until the conclusion of the incident or the resumption of general patrolling. The user should continue to record for a short period after the incident to clearly demonstrate to any subsequent viewer that the incident has concluded, and that the user has resumed other duties or activities. Where practicable, users should make an announcement that the recording is about to finish. Prior to concluding recording, the user should make a verbal announcement to indicate the reason for ending the recording. This should state: - - Once a recording has been completed, the recorded data on a Memory SD Card and data on the device internal storage on the RS2-X2 model becomes an exhibit and should be treated as such according to the provisions of Standing Order C1. **6.4 [Selective recordings]** The BWV user should record entire encounters from beginning to end without interrupting the recording. There will, however, be occasions when the user may wish to consider interrupting the recording of an incident. In such circumstances the user may decide to start and stop recording at any point during an encounter. This practice is referred to as selective capture. For example, it may be necessary to stop recording an incident in cases of a sensitive nature or if the incident has concluded prior to the arrival of the BWV user. In all cases the user should exercise their professional judgement in deciding whether or not to record all or part of an incident. If the user chooses to interrupt or cease recording at an ongoing incident, they should record their decision and rationale (if practicable in the circumstances) by making a suitable verbal statement on the BWV material and also in a notebook. Selective capture never involves deleting images. There are no circumstances in which the user can justify unauthorised deletion of any images that have already been recorded. Any such action may result in legal or disciplinary proceedings. []{#section7.anchor}**7. Partial recordings** 7.1 Some incidents may be only partially recorded. This may be as a result of the incident not being fully visible to the user or owing to some technical or physical failings in the BWV equipment. Similarly, problems with the equipment or prominent background noises may affect the clarity of the audio recording. In such instances it is likely that the BWV recording will be incomplete, and it may be necessary for the officer to give evidence of anything missing from or not obvious in the recording. It may not be obvious to the user that such issues have occurred, and users should review recorded material as soon as practicable, to check for completeness of the recording. Should there be a break during the recording of an incident, the user must retain and produce any material that is created and then supplement this with a written statement detailing any other necessary evidence. If the user becomes aware of a gap in recording and it can be rectified quickly they should do so, explaining by verbal or written statement what happened and when the recording recommenced. If, however, it is not possible to continue recording, the user should make a notebook entry covering the incident. If an incident is only partially recorded because of equipment failure, the user should produce the recorded evidence as usual and provide a statement covering the entire incident. This should include the reason, if known, for the equipment failure. If the evidence concerns a serious case, and the reason for failure is not apparent and requires further explanation, it might be necessary to obtain a statement from a suitably qualified person. It may also be appropriate that the equipment is sealed and stored as an exhibit. []{#section8.anchor}**8. Limitations** **8.1 [Technology and systems]** BWV material provides a reasonably complete record of what its user sees and hears at an incident. There are, however, limitations to the technology and users must be aware that: - - - Users must, therefore, remain mindful of standard evidence gathering procedures at scenes, including the use of other video and digital evidence gathering devices, and must not rely solely on BWV evidence to support their case. The absence of BWV material in a case does not in any way weaken the strength of conventional evidence used. Officers may be required to explain why, if wearing BWV; it was not switched on at the time of the incident. **8.2 [Incident exceptions]** BWV is an overt recording that can be used across a wide range of policing operations. Its use should always be incident specific and justifiable. Officers should use common sense and sound judgement when deciding to start recording. The use of BWV is not appropriate in some situations. The following list is for guidance only and is not exhaustive: - - - - []{#section9.anchor}**9. Evidential statements** 9.1 BWV material should be used to corroborate, rather than replace, traditional written statements and users should not rely on BWV's for providing their evidence. Although a BWV recording may provide compelling evidence, it will not necessarily prove all aspects of a case and users must always be prepared to provide written evidence of anything relevant to the case. Video recordings will not replace the current practice of the evidential statement production. []{#section10.anchor}**10. Training for BWV Users** 10.1 Users should receive training in the relevant technical and operational aspects of the specific equipment being used. A training package should include: - Legal considerations - Principles subject to which the Policy will apply - Functional Characteristics of equipment - Recording practice - Handling of recorded data as exhibit and relevant process. - Evidential continuity - Diversity issues - The importance of identifying recordings for retention or deletion Downloading and handling data will be a duty solely undertaken by IT personnel either at Divisions or at Headquarters. []{#section11.anchor}**11. Equipment issue** 11.1 Equipment will ONLY be issued to trained officers. A day-to-day allocation of BWV equipment Register will be used on personal issue.  RS3-SX technical specifications: - Recording resolution: 1080p, 720p and 576p - Frame rate: 25fps or 30fps - Encoding technology: H264 (video), MPEG-4 (audio) - File size: Between 2.3GB per hour to 5GB per hour (depending on recording resolution) - Data transfer: USB 2 - Memory: SD card (up to 32GB) - Weight: 140gms - Dimensions: 98mm x 60mm x 25mm (H/W/D) - Battery life: \>2.5 hours with internal removable battery. Can be extended to over 8 hours with external pack - IP55 case design []{#section12.anchor}**12. Abbreviations and Glossary** - ***\[BWV\]:** Body Worn Camera* - ***\[ECHR\]:** European Convention of Human Rights* - ***\[CJU\]:** Criminal Justice Unit* - ***\[AGLA\]:** Attorney General-Legal Advisor* - ***\[PSU\]: Police Support Unit*** - ***\[PSD\]:** Professional Standards Department* - ***\[CAB\]:** Central Authorities Bureau* ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------- []{#annexA.anchor}**ANNEX A: Key Reminders** **DO** **DON'T** **Use discretion and common sense when attending scenes -- am I first at scene and will my footage add anything of evidential value?** Record personal or sensitive information on BWV when dealing with an incident **Remember to switch off or change camera angles when logging onto devices and force systems** Employ BWV as an alternative to a written statement **Ensure you record the occurrence, time and date on the BWV storage system when downloading footage** Forward footage to IT that has not been reviewed, clipped and/or redacted to prevent information breaches **Review your own BWV when compiling your statement -- unless senior officer directs you not to** Leave the custody suite without downloading your evidential BWV footage **Ensure you make reference to BWV footage within your statement, including timings of evidential sections, and an exhibit number** **Ensure that you record the existence of BWV in your pocketbook** **Explain any reasons why BWV was present but not employed or was interrupted.** **Ensure all seized items are brought to the attention of the Exhibits Officer for recording.** ---------------------------------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------------------------------------------