NOT PROTECTIVELY MARKED FORCE PROCEDURES DEPLOYMENT OF EVIDENCE GATHERING TEAMS AND FORWARD INTELLIGENCE TEAMS IN PUBLIC ORDER SITUATIONS Procedure Reference Number: 2011.09 Procedure Authors: Darren Mundey Procedure Review Date: March 2014 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date …………………………………… (Author(s)) Version 1 NOT PROTECTIVELY MARKED Page 1 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities………………………………………………………………3 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 2. Gold Commander…….…………………………………………………………………...3 Silver Commander Advanced Public Order Commander……………….........……..3 Bronze Commander (Initial Public Order Commanders’)……………………………. 3 Pre-planned Events Commander………..…………………………………………….. 4 Police Support Unit Commanders…….…………………………………………………5 Force Incident Manager………..…………………………………………………………6 Vector (Puplic Order) Inspector……………..………………………………………….. 6 Area Operations Chief Inspector/Vector Chief Inspector……..………………………6 Tactical Advisors…………………………………………………………………………..7 Evidence Gathering Teams ……...……………………………………………..............7 Guidance…………………………………………………………………….. 8 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9. Background……………………………………………………………………………….. 8 Human Rights Act .............……………………………………………………………... 9 Application of this document……………………………………………………………..9 General requirements of this document…………………………….………….…… 11 Authorisation…………………………………………………………………………… 12 Deployment………………………………...……………………………………………. 13 Provision of information…………………….………………………………………….. 14 Handling of material…………………..………………………………………………… 15 Release to media……………………………………………………………………… 19 3. Procedure Aim……………………………………………………………...19 4. Appeals……………………………………………………………………...20 5. Review……………………………………………………………………….20 Version 1 NOT PROTECTIVELY MARKED Page 2 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 1. Responsibilities 1.1 GOLD COMMANDER 1.1.1 The Assistant Chief Constable Operations or Duty ACPO officer will act as Gold Commander in the event of any significant policing operation. Initially, the Gold Commander will be located in the Headquarters Resource Deployment Centre and consideration will be given to activating the Gold Control Suite at Headquarters (2nd floor). 1.1.2 From June 2008 national guidance states that all Gold Commanders must have completed an Advanced Public Order Commanders’ Gold course. It has been agreed by Cheshire ACPO that as opposed to completing the Gold course Cheshire Gold will work with the senior Advanced Public Order Commanders’ Silver as required. 1.2 SILVER COMMANDER (ADVANCED PUBLIC ORDER COMMANDERS’) 1.2.1 The Silver Commander will be an appropriately trained officer of the rank of Chief Superintendent, Superintendent or Chief Inspector and will be located in the Silver Command Suite. This individual must be supported by a Public Order Tactical Advisor (See paragraph 1.9). 1.2.2 Since August 2008, all Public Order Silver Commanders must have completed an Advanced Public Order Commanders’ Silver course. This training is provided by the National Policing Improvement Agency and a list of qualified Advanced Public Order Commanders’ can be found on the Lotus Notes ‘Callout’ database. Generally, the Constabulary will maintain 6-8 qualified Advanced Public Order Commanders’. 1.3 BRONZE COMMANDER (INITIAL PUBLIC ORDER COMMANDERS’) 1.3.1 The Bronze Commander will be appropriately trained and will operate as ground commander at the incident RV point or ground command point. The Bronze Commander can command a maximum of 3 Police Support Unit’s and may be supported by the Forward Command Vehicle. They must be supported by a tactical advisor and should consider the use of a staff officer/loggist. 1.3.2 A list of trained Bronze Commanders is available via the Force Incident Manager. 1.3.3 Since August 2008, all Public Order Bronze Commanders must have completed an Initial Public Order Commanders’ course. This training is provided by National Policing Improvement Agency-approved centres throughout the country and a list of qualified Initial Public Order Commanders’ can be found on the Lotus Notes ‘Callout’ database. Generally, the Constabulary will maintain 8-10 qualified Initial Public Order Commanders’. Version 1 NOT PROTECTIVELY MARKED Page 3 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 1.4 PRE-PLANNED EVENTS COMMANDER 1.4.1 In October 2008, guidance regarding the command of pre-planned events was received from the ACPO lead for Public Order Policing1. In the interests of clarity and consistency, this advice is reproduced below. 1.4.2 The ACPO Manual of Guidance on Keeping the Peace 2007 relates to the management of all events and incidents ranging from routine operational policing through to large scale disorder. The definition of what constitutes public order policing is quite clear and is not restricted to combating public disorder; it includes the policing of lawful public events such as sporting events and concerts. 1.4.3 The current Major Sporting Events course does not in itself provide the appropriate level of command awareness and training to enable officers to undertake the role of Commander; rather it builds upon the skills of an officer accredited to Initial Public Order Commander status. 1.4.4 The function of Command is carried out by those who have been given legitimate authority over others by virtue of their role. Commanders must be fully aware of their responsibilities and capable of appropriate decision making. Before an officer undertakes a command role they should be sufficiently trained and competent for that specific role and, where necessary, be adequately experienced. 1.4.5 In conclusion, the guidance highlighted in ‘Keeping the Peace’, reinforced by the Command and Control doctrine being developed for the Service, makes it quite clear that Commanders must be appropriately trained and accredited to carry out the role and responsibilities demanded of them when commanding an event where there is a risk to public safety. I would advocate this as best practice. I would also add that where any policing operation utilises Police Support Unit trained officers, or other associated specialist officers, deployed as part of a tactical plan and working to an agreed strategy in accordance with ‘Keeping the Peace’, then such an operation should be commanded by trained and accredited Advanced Public Order Commanders’ and/or Initial Public Order Commanders’; or the threat and risk assessment carried out for such an operation dictates that such Commanders should be used. 1.4.6 The course referred to in the guidance will become available in 2009 and all qualified Initial Public Order Commanders’ will eventually complete this course. In the interim period, event planners preparing for events which fall into the above definition should use Advanced Public Order Commanders’ and Initial Public Order Commanders’ who must clearly document their rationale as to the policing of such events especially where the decisions advocate policing the event outside the Advanced Public Order Commanders’/Initial Public Order Commanders’ and associated command structures. 1 Letter posted on ACPO Intranet and circulated to all Forces on 15 th October 2008 Version 1 NOT PROTECTIVELY MARKED Page 4 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 1.5 POLICE SUPPORT UNIT COMMANDERS 1.5.1 The Police Support Unit Commander will be appropriately trained and may act as an Operational Commander in smaller scale operations (subject to Advanced Public Order Commanders’/Initial Public Order Commanders’ approval) and should in general circumstances command one complete Police Support Unit. A list of trained Police Support Unit Commanders can be found on the Lotus Notes ‘Callout’ database. 1.5.2 All Inspectors are eligible to be trained as Police Support Unit Commanders. There is no upper age limit above which Inspectors are allowed to ‘opt out’ of training and consultation with the Police Federation has confirmed that officers can be instructed to attend Police Support Unit training. However, as with other operational roles, officers who have a medical reason why they cannot complete the training will not be required to. 1.5.3 Generally, all Targeted Patrol Team Inspectors (Duty Officers) should be trained, as they are likely to provide the first response to any spontaneous incident. 1.5.4 Neighbourhood Policing Unit Inspectors can be trained, at the discretion of the Area Command Team. However, those Neighbourhood Policing Unit Inspectors whose Neighbourhood Policing Units include sites which are regularly the focus of public order/policing events operations, for example football and rugby grounds, town centres, race courses and major music concerts/festivals, must be trained in order that they can take part in the management of those operations. 1.5.5 Overall, each Area will ensure that it maintains a minimum of 6 trained Police Support Unit commanders, in order to ensure that it has sufficient resilience to manage its own and Force operations. 1.5.6 Headquarters departments have a similar requirement to support Force needs in this area. The list below shows the responsibilities of specific uniform departments relating to the provision of Police Support Unit commanders. Inspectors from departments not listed can be trained at the discretion of their management team: Version 1 Vector – 3 Inspectors; Custody – 1 Inspector; Force Operations (excluding Vector and Custody) – 2 Inspectors; and Performance Improvement/Projects – 2 Inspectors. NOT PROTECTIVELY MARKED Page 5 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 1.6 FORCE INCIDENT MANAGER 1.6.1 The Force Incident Manager is responsible for the co-ordination of resources in respect of spontaneous deployments as detailed in the Force Mobilisation Plan. The Force Incident Manager is also in possession of relevant contact numbers for Commanders and specialist skilled officers. 1.7 VECTOR (PUBLIC ORDER) INSPECTOR 1.7.1 The Vector (PUBLIC ORDER) Inspector is responsible for ensuring that sufficient training courses are provided to allow the Force to maintain sufficient Advanced Public Order Commanders’/Initial Public Order Commanders’ commanders and ten Police Support Units, together with appropriate numbers of specialist officers personal protective equipment and vehicles to support those units. 1.7.2 They are also responsible for the professional development of Police Support Unit instructors and tactical advisors by ensuring that sufficient are available to cover all training and operational requirements. 1.7.3 This individual will co-ordinate resources in respect of pre-planned operations. In his/her absence this role will be facilitated by the Chief Inspector Vector and the Public Order Tactical Advisors. 1.7.4 They will regularly evaluate the distribution of Police Support Unit officers in each Area and will liaise with the relevant Police Support Unit co-ordinator to ensure that appropriate numbers are maintained. 1.7.5 Additionally they will be responsible for ensuring that the distribution of the specialist skills of Evidence Gatherer and Operational Support Medic ensures maximum flexibility and availability of officers for operational duties. 1.8 AREA OPERATIONS CHIEF INSPECTOR / VECTOR CHIEF INSPECTOR 1.8.1 The Operations Chief Inspector in each Area is responsible for ensuring that their Area maintains the ability to provide a minimum of two complete Police Support Units (approximately 60 officers). They act as Area Co-ordinator in respect of public order training and operations. 1.8.2 The Vector Chief Inspector will be responsible for ensuring that all Vector Tactical Support Group staff are trained to Level 1 (Advanced) standard and for monitoring the number of staff in other Headquarters departments who are trained to mutual aid (Level 2) standard. Version 1 NOT PROTECTIVELY MARKED Page 6 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 1.8.3 Additionally, these individuals are responsible for reviewing requests from trained officers to withdraw from Police Support Unit duties and for ensuring that equipment issued to officers whose requests are accepted is returned to the Vector Tactical Training Unit for re-issue or disposal as appropriate. 1.9 TACTICAL ADVISORS 1.9.1 Public Order Tactical Advisors are nationally trained to provide tactical advice to commanders at all levels in respect of public order and Evidence Gathering Team tactics. A list of trained officers is available via the Force Incident Manager. The officers provide 24 hours a day cover on an on call rota basis. 1.9.2 The Tactical Advisors may provide logistical support to the Force Incident Manager in relation to spontaneous mobilisation and / or logistical support at the forward command / rendezvous point. A list containing the details of other officers / staff able to facilitate these tasks is with the Force Incident Manager. 1.10 EVIDENCE GATHERING TEAMS 1.10.1 Police Support Unit Officers trained and authorised to the national standard in evidence gathering techniques are available in each Area to provide Evidence Gathering Team support in relation to both spontaneous and pre-planned operations. The camera equipment is held centrally and is issued to Evidence Gathering Team officers on request. Each Area should maintain 6 qualified Evidence Gathering Team officers. 1.10.2 Additionally, each Vector Operations team has trained Evidence Gathering Team officers and are equipped with camera equipment. These staff can be utilised for spontaneous incidents throughout the Constabulary. 1.10.3 All currently qualified Evidence Gathering Team officers are listed on the Lotus Notes Callout database. Evidence Gathering Team officers must hold a valid Police Support Unit Authority in addition to their evidence gathering qualification, which requires annual refresher training. . Click Here to Return to Index Version 1 NOT PROTECTIVELY MARKED Page 7 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2 Guidance 2.1 BACKGROUND 2.1.1 Overt Filming by Evidence Gathering Teams is an effective police tactic used for the prevention and detection of crime, the maintenance of public order and the gathering of intelligence in support of such policing aims. 2.1.2 Overt filming includes the deployment of staff utilising equipment for the purpose of capturing both still and video images. It should not be confused with surveillance or covert photography. 2.1.3 Overt filming does not involve the use of public space fixed CCTV systems, where those systems are placed and maintained by bodies other than the Police. 2.1.4 Overt filming has the potential to make a significant contribution to policing purposes, and serves to reassure the public that police are engaged in dealing with local policing issues. 2.1.5 The deployment of Forward Intelligence Teams assists in the identification of those involved in creating or planning disorder, thereby removing their anonymity and reducing the potential for disorder to occur. Whilst not an exhaustive list, roles associated with the deployment of Forward Intelligence Teams are: The collection of intelligence and information that allows for informed decisions to be made regarding the policing of the event in question The identification of community leaders and those in a position to assist through mediation The identification of areas of potential tension, such as prominent locations where local communities may be adversely affected by the policed event itself The identification of routes and means of transport in use by those attending the policed event The identification, cultivation and handling of informants in accordance with RIPA The utilisation of police powers to conduct searches Locating potential caches of items for use in disorder 2.1.6 The Constabulary is fundamentally committed to making the most effective use of such equipment in accordance with the following legitimate aims; Version 1 In the interests of national security In the interests of public safety The prevention of crime and disorder The protection of health or morals, and The protection of the rights and freedoms of others. NOT PROTECTIVELY MARKED Page 8 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.2 HUMAN RIGHTS ACT 1998 2.2.1 Article 8 of the European Convention on Human Rights confers a right to private and family life. It is a qualified and not absolute right. Overt filming does not breach the Article 8 Right providing it is carried out in pursuance of a recognised and documented policing purpose. 2.2.2 In Wood v Commissioner of Police of the Metropolis 2009 The England and Wales Court of Appeal Civ 414 the Court made it clear that a common law right exists to take and retain photographs. It must be remembered that any 'intrusion' (including the taking and retention of photographs) must be for a clearly defined policing purpose(s) and be necessary and proportionate to the circumstances. 2.3 APPLICATION OF THIS DOCUMENT 2.3.1 Officers and staff in the following roles: 2.3.2 Evidence gathering teams Forward Intelligence Teams Advanced and intermediate Public Order commanders Public order bronze Media liaison/media bronze Risk assessments and health and safety considerations 2.3.2.1 The following generic risk assessments are relevant to the use of overt video and photographic stills and can be found on the Health and Safety Database: Generic Risk Assessment 1 – Officers on Patrol. Generic Risk Assessment 2 – Mobile patrol marked vehicles. Generic Risk Assessment 4 – CID Duties Generic Risk Assessment 8 – Public Order Generic Risk Assessment 10 – Searching Duties. Generic Risk Assessment 13 – Workplace activities Generic Risk Assessment 15 – Special Events. Generic Risk Assessment 17 - Officer Safety Training. 2.3.3 Criteria – Evidence Gathering Teams 2.3.4 In order to ensure awareness of public order tactics, and promote personal safety, all officers engaged in Evidence Gathering Teams, MUST be Police Support Unit trained. 2.3.5 Officers selected for Evidence Gathering Teams are volunteers, who express an interest via each divisional Police Support Unit Liaison Officer. Version 1 NOT PROTECTIVELY MARKED Page 9 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.3.6 Use of Evidence Gathering Teams 2.3.7 In all of the above situations the video and photographic equipment can represent best evidence of the officer’s behavior in any criminal proceedings, complaint investigation or civil action. 2.3.8 Evidence Gathering Trained officers should not however be used to record images of a forensic nature from crime scenes, unless specifically requested by a Crime Scene Manager. In this instance the Crime Scene Manager will request the attendance of an Evidence Gathering Team via the Force Incident manager and complete the F201125 detailing what is required. 2.3.9 Legal Issues 2.3.10 The overt use of a video and photographic stills in a public place within the activities listed at paragraph 2.5.9 outside the scope of requirements for covert surveillance within the provisions of Part 2 of the Regulation of Investigatory Powers Act 2000. 2.3.11 Training of Officers 2.3.12 Evidence gatherers will be trained in the use of equipment by the Vector Tactical Training Unit. On successfully completing an initial Evidence Gathering Team course, officers will be granted an authority for a period of 12 months. The officer will complete a two day camera competency course, followed by a further five days of public order evidence gathering training. Subsequent re-qualification will be via refresher courses, of two days every 12 months. Both courses will run consecutively but are individual courses in their own right. They follow the model given in the National Policing Improvement Agency learning descriptor for intelligence and evidence gathering in public order Mod1 camera competency in public order and Mod2 evidence gathering in public order. 2.3.13 Divisional Distribution 2.3.14 In order to provide sufficient officers to allow effective deployment on a Force-wide scale, a minimum of 6 officers will be trained and equipped in each division, divisional commanders may however exceed that number to accommodate local needs. 2.3.15 In circumstances where trained officers are moved to a division with an existing quota of 4 officers, the additional trained officers will retain their Evidence Gathering Team status by maintaining relevant refresher training. 2.3.16 Individual roles and responsibilities 2.3.17 Divisional Commanders are responsible for ensuring that there are a minimum of 6-8 trained officers in each division. 2.3.18 Police Support Unit Liaison Officers are responsible for managing the divisional requirement of Evidence Gathering Team trained officers. Version 1 NOT PROTECTIVELY MARKED Page 10 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.3.19 The Vector Tactical Training Unit is responsible for training Evidence Gathering Team officers to a suitable standard and informing/ updating the Force Incident Manager with an up to date list of trained officers via the force call out database 2.3.20 The Vector Tactical Training Unit Sergeant will ensure that his team maintain Evidence Gathering Team Tactical Advisors and ensure quality checking of Evidence Gathering Team procedures. 2.3.21 The Vector Tactical Training Unit is responsible for ensuring that: All equipment is maintained in a clean and operational condition, suitable for immediate use. That all batteries are charged. That a weekly check of all equipment is completed and recorded. That sufficient stocks of videotapes, films and other consumables are maintained and available for immediate use of equipment. 2.3.22 The Evidence Gathering Team officers are responsible for ensuring that records of usage of equipment are completed, via correct use of operational logs. That any deficiencies in the equipment are reported to the Vector Tactical Training Unit and that replacements / repairs are facilitated. 2.3.23 The Central Tape Library Supervisor is responsible for compliance with tape copying protocols and audio process. 2.3.24 The Forensic Imaging Supervisor is responsible for maintaining the integrity of photographic processes. 2.4 GENERAL REQUIREMENTS OF THIS DOCUMENT 2.4.1 The force wherein a deployment is made shall be the ‘owning’ force in relation to material gathered. 2.4.2 The data controller for the material shall be the relevant Chief Officer from the force wherein the deployment is made. 2.4.3 In the case of deployment in support of a policing operation controlled by the British Transport Police, British Transport Police shall become the owning force regardless of the location in which the material was gathered. 2.4.4 Staff deployed as evidence gathering teams will be trained by trainers who have completed the National Policing Improvement Agency National Camera Competency course and Information and Intelligence Gathering in Public Order course Modules 1 and 2 and are Common Minimum standard Trained. 2.4.5 An Evidence Gathering Team will consist of two individuals - a camera operator and a spotter / minder. 2.4.6 Evidence Gathering Teams will only deploy to gather evidence and information through video/photographic or commentary; they will not be deployed to carry out roles associated with Forward Intelligence Teams. Version 1 NOT PROTECTIVELY MARKED Page 11 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.4.7 Staff deployed as Forward Intelligence Teams will be trained and assessed as competent in Module 3 (Information and Intelligence Gathering in Public Order) by a National Policing Improvement Agency accredited training provider. 2.4.8 A Forward Intelligence Team will not use evidence gathering equipment (photographic or video) – however an Evidence Gathering Team may be deployed alongside a Forward Intelligence Team to provide evidence gathering capability. 2.5 AUTHORISATION 2.5.1 Where consideration is given to the deployment of Forward Intelligence Teams or Evidence Gathering Teams, the deployment must be made for a policing purpose. A record will be made of the decision to deploy, and the policing purpose that the deployment relates to. 2.5.2 A policing purpose is: The Protection of life and property; The Preservation of order; The Preventing of the commission of offences; Bringing offenders to justice; and Any duty or responsibility arising from common or statute law. 2.5.3 Authorising officers will record the reasons why it is necessary to deploy Evidence Gathering Teams or Forward Intelligence Teams and detail in what way deployment is proportional to the threat posed to the public by the individual or group subject of the activity. 2.5.4 Authorising officers will take reasonable steps to ensure that the general public and those made subject to filming are made aware of the filming and the policing purpose(s) being pursued. Authorising officers will consider the use of local media, deployment of signs and the mode of dress of staff deployed. Decisions made will be documented. 2.5.5 Authorising officers are to be mindful that deployment of both Forward Intelligence Teams and Evidence Gathering Teams has the potential to contribute to an increase in community tensions. Authorising officers will ensure that liaison takes place with local community leaders, key individuals and persons of influence in order to detail the reasons for the deployment, and to provide reassurance. 2.5.6 Unless it is inappropriate or impossible to do so, where filming is to take place in close proximity to schools, places of religious worship or sensitive locations such as health service providers or secure establishments, authorising officers are to ensure that liaison takes place with staff at those venues prior to deployment. 2.5.7 Authorising officers are to ensure that staff deployed are trained for the role and aware of this document. Authorising officers will also ensure that the staff are briefed regarding any sensitivity that may be present at the location in which filming is to take place, or for those who are to be subject to the filming or those who may be in the area legitimately. Version 1 NOT PROTECTIVELY MARKED Page 12 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.5.8 Given the potential sensitivity and importance of the material that can be gathered both for evidential and intelligence purposes, authorising officers will ensure that staff deployed are adequately supported to ensure both their safety and the safety of the material collected. 2.5.9 Authority – Overt use of video & photographic equipment (outside RIPA) 2.5.9.1 The need for an authority for the overt use of video and photographic equipment in a public place is in accordance with ACPO guidance, but outside the legislative scope of RIPA. 2.5.9.2 The overt operational use of video and/or photographic stills in a public place should be authorised by an officer of the rank of Inspector or above, on the Form 201125. Note – in circumstances which may involve covert or directed surveillance the requirement for an authority under RIPA will supersede the requirement for authority within this policy. 2.5.9.3 The Form 201125 will be afforded a divisional reference number and retained in division for a period of 7 years. 2.5.9.4 In circumstances where the scope of the operation moves from one division to another, e.g. hunts, only one form will be completed and retained in the division coordinating the operation. 2.5.9.5 The Form 201125 will document the justification and legitimate aims of using the equipment. 2.5.9.6 The Form 201125 must be completed on each occasion that authority is required or requested. 2.5.9.7 The Authority will cover the length of each specific operation. 2.5.9.8 In the circumstances involving the need to use the equipment during spontaneous incidents, the authority may be granted orally by an Inspector or above and a Form 201125 completed retrospectively. 2.5.9.9 Decision Making Factors 2.5.9.10The decision to use video and photographic stills equipment must be considered as a necessary and proportionate response to the scale and nature of the event or problem faced and is the least intrusive and damaging option in seeking to achieve the legitimate aims 2.6 DEPLOYMENT 2.6.1 Reasonable steps will be taken to ensure that the general public and those made subject to the filming are made aware of the filming and the policing purpose(s) being pursued. For this reason, personnel deployed will ensure filming is carried out in a highly visible and overt manner through the use of appropriate uniform, signage and where appropriate broadcast of the fact in the local media. Version 1 NOT PROTECTIVELY MARKED Page 13 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.6.2 Only staff trained as Evidence Gathering Team or Forward Intelligence Team will be deployed for this purpose. Staff will only deploy once briefed regarding the nature and purpose of the deployment, information they may have to provide regarding their deployment (see section 8, post) and any particular sensitivities that exist either as a result of the location they are to deploy to, the subjects deployed against or those persons who may be legitimately in the area subject to the deployment. 2.6.3 Staff will deploy using equipment that they are familiar with. This may be equipment from their own force and not that of the force within which they are deployed. 2.6.4 Staff will wear uniform as specified by the authorising officer, and will ensure that signage is placed in accordance with the authority given. 2.6.4.1 Mobilisation 2.6.4.2 The Force Incident Manager will hold an up to date list of trained Evidence Gathering Teams. Available Via the call out database on lotus notes. This database will be maintain by the vector tactical training unit 2.6.4.3 Evidence Gathering Teams may be used for local operations at the discretion of each divisional commander. 2.6.4.4 In circumstances of a spontaneous incident, the Locum Superintendent will consider the use of Evidence Gathering Teams, who will be mobilised by the Force Incident Manager. On duty officers should be used in the first instance. 2.6.4.5 Evidence Gathering Teams may be utilised in support of Police Support Unit deployments, although Evidence Gathering Teams are not mandatory for mutual aid. 2.6.4.6 Evidence Gathering Teams should be deployed in pairs, one officer will operate the equipment as photographer, whilst the second officer will act as a ‘minder’ and commentary officer. Both officers within a team should be Evidence Gathering Team trained. 2.7 PROVISION OF INFORMATION 2.7.1 It is a requirement of the first Data Protection Act 1998 Principle (fair processing) that the following information is, so far as reasonably practicable, given or made available to individuals at the time their image is captured: Version 1 Identity of the data controller (The relevant officer from the force within which the deployment is made) The policing purposes for which images are captured ('processed'); Any further information which is necessary, having regard to the specific circumstances in which the data (photographs or images) are to be processed, to enable processing in respect of the data subject to be transparent and fair. NOT PROTECTIVELY MARKED Page 14 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.7.2 Reasonable steps must always be taken to provide information as to the purpose of the filming. Where signs have been displayed, or a local media campaign has taken place, this may be sufficient where the filming is of a general nature (e.g. outside a pub or in a shopping precinct). Where, however, the filming is focused on an individual or group of individuals, it will be necessary to provide the individual(s) concerned with the information personally. This information may be provided verbally and/or by way of written notice. Appendix A to this document has been designed for this purpose. It is recognised that the nature of the policed event itself may preclude the use of written notices, however where practicable written notices should be available to ensure that the best quality of information concerning the police deployment is being provided to those attending the policed event. 2.7.2.1 Disclosure 2.7.2.2 The fact that video or photographic equipment has been used in the course of an investigation or offence must be disclosed within the prosecution file as per Crown Prosecution Service guidelines. The right to a fair trail may be affected if this does not occur. Any decision not to disclose certain images should be taken, only in consultation with the Crown Prosecution Service. 2.7.2.3 Data Protection 2.7.2.4 The storage of images and data must be in accordance with the Force storage and weeding of data protocols. Any requests for subject access to personal data should be forwarded to the Force Data Protection officer. 2.8 HANDLING OF MATERIAL 2.8.1 The Data Protection Act 1998 regulates the processing of 'personal data' or 'sensitive personal data' whether processed on computer, CCTV, video camera or any other media. Accordingly a recorded image that is aimed at identifying a particular person or designed to gather intelligence about their activities amounts to 'personal data' and is subject to the requirements of the Data Protection Act 1998. 2.8.2 Due to the variation of equipment used across forces to carry out overt filming it is not possible for this document to provide specific procedures for the review, retention, storage and disposal of footage. Accordingly, material will be handled in such a way that it complies with the policy of the force wherein the deployment is made (the owning force). The data controller for the force wherein the material is gathered shall be the data controller for the data gathered, regardless of the originating force for the personnel engaged as Forward Intelligence Teams or Evidence Gathering Teams. In the case of deployments made on behalf of British Transport Police, British Transport Police shall become the owning force. 2.8.3 Where, due to technical requirements, material is first downloaded or recovered by a force other than that wherein the deployment was made (the owning force) that force shall handle the material in accordance with the policies in place within the owning force. No separate release or disposal of the material will be made without first checking with the owning force. Version 1 NOT PROTECTIVELY MARKED Page 15 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.8.3.1 Image Capture 2.8.3.2 Where appropriate, authority must be obtained for the imagery to be captured in accordance with RIPA 2000. Any equipment used will be fully checked for its’ functionality prior to any activity. The operator will be fully competent to handle the equipment. Whatever equipment is used, the aim should be to produce the best quality evidence possible. 2.8.3.3 The equipment must produce a product that is compatible with the technical facilities used and planned for use within Cheshire Police. All purchases of digital equipment therefore need to be approved by the Vector Tactical Training Unit Evidence Gathering Trainer. All applications should be made using a form which can be obtained from the Photographic Department. 2.8.3.4 Storage & Maintenance of Equipment 2.8.3.5 Evidence gathering equipment will be retained by the Vector Tactical Training Unit. 24hr county cover will be supplied by Vector Units Tactical Support Group officers 2.8.3.6 Vector Tactical Training Unit will responsible for the provision of secure storage for Evidence Gathering Team equipment. The store needs to be heated to normal office temperatures and not subject to high levels of humidity. There must also be the facility of an electricity socket to re-charge the equipment. 2.8.3.7 Divisional Evidence Gathering Team officers are able to collect and use kit from the Vector Tactical Training Unit when ever required. Collection and drop must be within normal working hours but does not need to immediately before a pre planned operation or event. Should a spontaneous incident occur refer to point 2.3.20. 2.8.3.8 A full list of Evidence Gathering Team equipment is provided at Appendix A. 2.8.3.9 Handling of Evidence – Videos and Audio Commentary recordings 2.8.3.10 All new video tapes (video) and CD ROMs’ (Audio) for evidential purposes will be provided by HQ Supplies. All blank media will be kept secure. 2.8.3.11 When used, the tapes will be booked into the Central Tape Library database, and will contain the following information: The reference i.e. EGT/CEP/140909/DRM/1 – this relates to the first Evidence Gathering Team tape used in Chester & Ellesmere Port Division on 14th September 2009, by DRM (officers initials) and the sequential number of the exhibit produced. The Tape Library reference must then be added to the master and if applicable the working copy seal. Note - for major operations the operation name can replace the divisional reference. The time and date of the removal of the tape, the signature of who issued to etc. The time and date of the tapes return, by who etc. 2.8.3.12 Officers issued with tapes will ensure that they endorse the respective log. 2.8.3.13 After a tape has been used to make a recording for operational purposes the officer who has made the recording will complete the master seal. Version 1 NOT PROTECTIVELY MARKED Page 16 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.8.3.14 All tapes which contains, or may contain, evidence of an offence will be sealed by the officer making the tape with the RED master seal and placed in a video envelope, together with the continuity form, which will be endorsed with the reference number and relevant information. The bag will be sealed, placed in the transit box and forwarded to the Central Tape Library. A pro-forma statement and deployment form will also be forwarded to the Central Tape Library. The deployment should be recorded in the Evidence Gathering Team officers’ deployment handbook and signed by their supervision. 2.8.3.15 Any tape or CD ROM that contains no evidence will be sealed by the officer using a BLACK and WHITE seal and the continuity form endorsed accordingly, with the phrase *NON-EVIDENTIAL* This information should also be entered into the occurrence field on the Central Tape Library database when the exhibit is first added. Such tapes or CD ROMs will be stored by the Central Tape Library but not copied, and then deleted after 31 days. The deployment should be recorded in the Evidence Gathering Team officers’ deployment handbook and signed by their supervision. If any tape or CD ROM has been used and ANY offences have been disclosed whether directly captured or not it MUST NOT be deleted and the procedure at 2.8.3.14 must be followed. 2.8.3.16 The Central Tape Library staff will open the master seal and copy the original tape. On conclusion, the original tape will be re-sealed. Master (original) tapes will be stored for a period in line with MOPI policy. 2.8.3.17 The Central Tape Library operator will produce one first generation copy and the required amount of working copies. The first generation copy, from which all further copies will be made, will be retained at the Central Tape Library. 8.3.18 The working copies will be forwarded to the appropriate file preparation team, together with the deployment sheets and continuity statement. 2.8.3.19 All working copies will be made in the most appropriate technological format i.e. CD ROM, VHS etc 2.8.3.20 Working copies will have a label attached to them noting the following; the number of the tape being copied, followed by a letter denoting how many times the tape has been copied e.g. EGT/140901/CEP/DRM/1a The time and date that the copy was made. The person making the copy. 2.8.3.21 A record should be made on the prosecution file as to who has viewed the working copy etc. Weeding and destruction protocols will be as per the Central Tape Library retention and destruction procedures. 2.8.3.22 Stills Photography 2.8.3.23 All media storage cards (compact flash) shall be retained by the Vector Tactical Training Unit and located with the Evidence Gathering Team kits. Version 1 NOT PROTECTIVELY MARKED Page 17 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.8.3.24 Once digital imagery has been captured by police, images shall not be deleted or recorded over until such time that a master and working copy have been created. The creation and handling of both is set out in the procedural flowchart in Appendix A. 2.8.3.25 Legal authority states that a ‘bit for bit’ copy of the original digital files serve as an identical exhibit. 2.8.3.26 Images may be presented from a number of media. This includes non–reusable removable, reusable removable, removable tape and non- removable media. 2.8.3.27 Images shall be copied from the initial storage medium in the original format onto a ‘worm’ medium (write once, read many), so the data can not be overwritten or altered. This process will be carried out as soon as practicable after the initial capture. 2.8.3.28 The working copy will be created at the same time or directly after the production of the master copy. This copy can be used further in the investigative process. Any alterations that are made to the working copy will equally be recorded via an audit trail, should a reconstruction of the working processes be necessary at a later stage. 2.8.3.29 The Force Forensic imaging department at Police Headquarters processes all photographs. After being copied and if hard copies are required, all discs will have a label attached to both the case and the disc bearing the above number, placed in a stills envelope, sealed and sent to the Forensic Imaging Department. The deployment form should be forwarded to the file preparation unit. The deployment should be recorded in the officers’ deployment record file. 2.8.3.30 After processing the discs and prints will be sent to the appropriate file preparation unit etc. 2.8.3.31 Once all images have been transferred to disc, the removable media shall be formatted, ready for re-use. 2.8.3.32 Divisions will make arrangements for the secure storage of negatives and any prints derived from them for a period in line with current MOPI guidelines. 2.8.3.33 Viewing of Video & Photographic Evidence 2.8.3.34 In circumstances where video recordings and photographic stills are viewed for identification purposes, there must be FULL compliance with the Police & Criminal Evidence Act 1984 Codes of Practice D. 2.8.3.35 In circumstances where video and photographic evidence is viewed for operational reasons, a record must be made on the prosecution file of when the evidence is viewed and by whom. 2.8.3.36 Officers who are involved in a specific case, by providing statements of evidence must make a pocket book record and state in the prosecution file, when and where they viewed the tapes / photographs. Version 1 NOT PROTECTIVELY MARKED Page 18 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 2.8.3.37 There are many occasions where both CPS and defence solicitors wish to view working tapes or photographs. In these circumstances a record must be made as to who viewed the evidence, where and when etc. 2.8.3.38 There may be circumstances where it is appropriate to use copy tapes for witness appeals through the media. This course of action should only be considered in consultation with the Force Press Office and a record of the disclosure must be made on the prosecution file. 2.8.3.39 It is important that the image’s integrity can be proven through an effective audit trail. In the event of a court case the police should be able to prove that the pictures have not been tampered with, edited, or affected by any technical process. 2.9. RELEASE TO MEDIA 2.9.1 The media values the use of material gathered by police. Release to the media of material gathered during the course of the policed event will only be made in accordance with policy set by the owning force. Click Here to Return to Index 3. Procedure Aim 3.1 The purpose of this document is to ensure that the role of officers and staff overtly deployed as evidence gatherers or Forward Intelligence Teams conforms to National policy, is clearly defined and is supported by an audit trail regarding decisions made. 3.2 This document does not relate to the covert deployment of officers or staff 3.3 This document will help to ensure that images captured as a result of deployment are processed, stored, reviewed, retained and disposed of in accordance with the Guidance for the Management of Police Information 2006, the Data Protection Act 1998 and Criminal Procedures and Investigation Act 1996 and to ensure that video and photographic stills are utilised by Evidence Gathering Teams in circumstances that are necessary, reasonable and proportionate, in order to; 3.4 Prevent crime and disorder Increase visibility and enhance public reassurance Make a positive contribution towards reducing the fear of crime and disorder. Adherence to this document and National policy will also ensure that all deployments are made in line with the requirements of the: Version 1 Human Rights Act 1998 – Articles 2 & 8 Management of Health and Safety at Work Regulations 1999 (Personal Protective Equipment at Work) Regulations 1992 Health and Safety at Work Act 1974 Police (Health and Safety) Act 1997 Regulatory investigation Police ACT 2000 Police and Criminal Evidence Act 1984 NOT PROTECTIVELY MARKED Page 19 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED 4. Appeals 4.1 In respect of internal grievance, the existing management structure of the force and the formal grievance procedures together with an appeals facility/right to make representation will cater for any such issues. As regards external complaints civil remedies are available with appellate facilities in addition to an individual’s rights under the Police Complaints and Misconduct Procedures under the guardianship of the Independent Police Complaints Commission. 4.2 Persons affected by the exercise of powers, directives or actions under this document have the right to make representations and / or challenges and / or appeals to the decisions involved via judicial processes (e.g. Civil law) and / or nonjudicial processes (e.g. internal management, grievance or police complaint procedures). 4.3 A person who claims that a public authority has acted (or proposes to act) in a way which is unlawful under the Human Rights Act 1998, may bring proceedings against the authority under the Act in the appropriate court or tribunal. Or the person may rely on the Convention right or rights concerned in any legal proceedings if they are a victim (or would be) of the alleged unlawful act. 5. Review 11.1 This procedure will be formally reviewed after 3 years to consider: Its effectiveness in the business area concerned Any changes to legislation Challenges to the procedure Any identified inefficiencies in relation to implementation Impact on diversity and equality (High on the Race Diversity Impact Assessment Template) Click Here to Return to Index 6. Appendices Appendix A EGT final version appendix A Version 1 NOT PROTECTIVELY MARKED Page 20 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED Procedure Review Form Title: Procedure Author: Procedure approved by: Linked to Policy: Date Approved: DEPLOYMENT OF EVIDENCE GATHERING TEAMS AND FORWARD INTELLIGENCE TEAMS IN PUBLIC ORDER SITUATIONS Tel. Ext.: PC 3744 D MUNDEY 4054 Superintendent N Pender, Uniform Operations Uniform Operational Support 01/03/11 Procedure Review When was the procedure last reviewed? Is this procedure still required? Yes Could this procedure be No consolidated with another? Does this procedure involve significant change to working practices that will have a resultant impact on service delivery, budget or operational risk? What forms are linked to this procedure? New Procedure If No, contact Business Management to archive the document If Yes, contact Business Management to arrange a joint review No If Yes, inform Business Management All forms linked to this procedure are contained within the attached National document or as appendices (A-F) Has the procedure considered the following? Resource implications Yes Finance implications Yes IT Service implications No What evidence is in the procedure to support this? Each Division is required to supply a minimum of 6 Police Support Unit trained Evidence Gathering Team officers to fulfil a force and mutual aid commitment Continued training in the use of Equipment and annual re-qualification. Policy Owner Sign Off I authorise this procedure for publication / I have forwarded the procedure to an ACPO member for consideration * Delete as appropriate Policy Owner: Superintendent N Pender Signed Date: ACPO Member Sign Off I authorise this procedure for publication / I do not authorise this procedure for publication * Delete as appropriate ACPO Member: Signed Date: Version 1 NOT PROTECTIVELY MARKED Page 21 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED Procedure – Human Rights Review Human Rights Compliance Assessment List legislation relevant to the procedure: Has any of the legislation / case law changed since the last review? Has procedure changed since last review? Human Rights Act 1998 – Articles 2 & 8 Management of Health and Safety at Work Regulations 1999 (Personal Protective Equipment at Work) Regulations 1992 Health and Safety at Work Act 1974 Police (Health and Safety) Act 1997 Regulatory investigation Police ACT 2000 Police and Criminal Evidence Act 1984 Other: N/A N/A If No to both questions then previous compliance test stands As a result of the application of the procedure, which Articles are likely to be infringed? 2 Right to Life No 8 Respect for private and family life No No No For each Article infringed, identify the legitimate aim(s) that justify the infringement: Legitimate Aim Article 2 Article 8 National security N/A N/A Public safety Yes Yes Economic wellbeing of country N/A N/A Prevention of crime and disorder Yes Yes Protection of public order Yes Yes Territorial integrity N/A N/A Protection of reputation and rights of others Yes Yes Preventing disclosure of information received N/A N/A in confidence Maintaining authority and impartiality of N/A N/A judiciary Protection of health or morals N/A N/A Protection of rights and freedoms of others Yes Yes Is the interference the least intrusive option to achieve the identified legitimate aim? Is the interference justified and proportionate with regard to the identified legitimate aim? Is the interference identified applied in a non-discriminatory manner? Are decision making processes and outcomes of actions documented? Version 1 NOT PROTECTIVELY MARKED Yes Yes Yes Yes Page 22 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED Article 2 – Right to Life Everyone's right to life shall be protected by law. No one shall be deprived of their life intentionally, save in the execution of a sentence of a court, following their conviction of a crime for which this penalty is provided by law". Deprivation of life shall not be regarded as inflicted in contravention of this article, when it results from the use of force that is no more than absolutely necessary (1) In defence of any person from unlawful violence or, (2) In order to effect a lawful arrest or, (3) To prevent the escape of a person lawfully detained. Article 8 – Right to Respect for Private and Family Life – Everyone has the right to respect for his private and family life, his home and his correspondence. Version 1 NOT PROTECTIVELY MARKED Page 23 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED Procedure – Race and Diversity Impact Assessment Section A Title of Procedure: DEPLOYMENT OF EVIDENCE GATHERING TEAMS AND FORWARD INTELLIGENCE IN PUBLIC ORDER SITUATIONS Has a Diversity Impact Assessment been previously completed? No If Yes, when and was it H/M/L? If No, go to Section B Has the procedure changed sufficiently to require a further impact assessment? If Yes, go to Section B. If No, go to Section C If no impact assessment has been completed or a further assessment is required, complete the following flowchart to identify whether the procedure has a potentially Low / Medium / High impact and bear in mind the recognised ‘6 strands’ of diversity: Minority Ethnic communities including asylum seekers and gypsies Gay, Lesbian, Bisexual and Transgendered members of the community Age Religion Gender Disability Section B Please complete the following flowchart and put an X in the box next to the score you have assigned the procedure: YES D Does the procedure affect staff employment / development? NO Does the procedure relate to an internal process? NO Could the procedure be applied with discretion that might discriminate against a minority group? LOW YES D Is data with minority indicators collected? NO YES D Does the procedure show the potential for discrimination? Ensure monitoring procedures are in place and then re-answer the question YES YES NO MEDIUM Version 1 YES D Is data with minority indicators collected? NO YES Does the procedure show the potential for discrimination? NO HIGH X NO MEDIUM NOT PROTECTIVELY MARKED Could application of the procedure affect community relations? YES NO LOW Page 24 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED If on completion of the flowchart you consider that the initial impact assessment should be raised then please re-grade the impact as High or Medium. Initial Impact Assessment raised? No If Yes then, was it raised to Medium / High Section C - Race and Diversity Impact Assessment 1. Does this activity present an opportunity Yes - by consideration of concerned parties in for improving race/community/disability/ the formation of the policy age/gender or sexual orientation relations? If so, how? 2. Is there public/political concern in Yes – Black and minority ethnic groups along relation to race/disability/age/gender/ with certain groups with mental health issues sexual orientation/community issues feel that Evidence Gathering Team use is attached to this activity? If so, what are disproportionately high in relation to them. those concerns? 3. What other sources of information have Guidance from National Policing been used in the development of this Improvement Agency procedure i.e. HMIC Inspection Reports, Draft National document (FOIA S22) Home Office Circulars? 4. Does the procedure relate to the use of Yes there is a statutory owner relating to this a statutory power? If so, under what procedure. There are no circumstances that circumstance could discrimination be would be acceptable during the administration acceptable? of this procedure. 5. What data collection process exists for Evidence Gathering Teams are part of Public this procedure? Order deployments which are subject to a How is the data monitored to ensure that debriefing. A review of the most recent the impact is not discriminatory or debrief (mostly relating to football matches disproportionate? e.g. use of community and Creamfields) has not revealed any intelligence. concerns over discrimination or If reviewing the procedure what are the proportionality. results of the monitoring? 6. What evidence is there that actions to None address any negative effects in one area may affect other areas of equality? 7. When the Race and Diversity impact Diversity Unit assessment has included consultation, who was consulted? (Include a summary of the key points) 8. Has the procedure been altered No following the consultation? (Include a summary of the key changes) 9. Has feedback been given to the groups N/A – As there was no feedback that required involved in the consultation? any change to the procedure. I confirm that this procedure is compliant with the Constabulary’s commitment to Equality and Diversity. Approved by Diversity Advisory Unit Name: Date: Version 1 NOT PROTECTIVELY MARKED Page 25 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED Procedure – Health and Safety Health and Safety Assessment If required, guidance for this section should be sought from the Force Health and Safety Advisor. Who will be affected by this Procedure? Public and Police Employees. Are any of the existing generic risk No Details if Yes assessments affected by this Procedure? Is a new risk assessment required by this No Details if Yes procedure? Does this procedure require revised No Details if Yes Health and Safety training for Staff? Does this procedure require revised No Details if Yes equipment for Staff? I confirm that this procedure is compliant with Health and Safety legislation and regulations. Approved by the Force Health and Safety Department Name: Date: Procedure – Quality of Service Commitment Quality of Service Commitment The National Quality of Service Commitment sets out the standards and services the public can expect when they make contact with the police. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon quality of service and No specifically a National Quality of Service Commitment? If YES answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Making it easy to contact us Yes / No Providing a professional and high Yes / No quality service Dealing with your initial contact Yes / No Keeping you informed Yes / No Ensuring your voice counts Yes / No Victims of Crime Yes / No Other service commitments Yes / No Complaints Yes / No What changes, if any, have been made to the procedure to reduce an adverse impact on quality of service? If the procedure adversely affects Yes / No If Yes, give details quality of service, can it be justified because of the overall objectives? Version 1 NOT PROTECTIVELY MARKED Page 26 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED Procedure – Victims Code of Practice Victims Code of Practice The Code of Practice for Victims is a statutory requirement and establishes the minimum service levels to be given to any person who has made an allegation to be the victim of a crime to the police or has had such an allegation made on their behalf. Further information is available on Looking Glass by clicking here Is it possible that this procedure may impinge upon the service provided to No victims of crime and, specifically, compliance with the Victim’s Code? If YES answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Persons entitled to receive services Yes / No under the Code Vulnerable or Intimidated victims Yes / No Crime Reporting, Assessment and Yes / No Victim Support Investigation Yes / No Family Liaison Officers Yes / No Arrest and Bail Yes / No Decisions to bring Criminal Yes / No proceedings Bailing of Persons to Court Yes / No Other disposal methods Yes / No Youth Offending Teams Yes / No Requests from the Criminal Injuries Yes / No Compensation Authority and/or the Criminal Injuries Compensation Appeals Panel Information about the Criminal Cases Yes / No Review Commission What changes, if any, have been made to the procedure to reduce an adverse impact on the service given to victims of crime and to maintain compliance with the Code? If the procedure adversely affects the service given to victims of crime and compliance with the Code, can it be justified because of the overall objectives? Version 1 Yes / No If Yes, give details NOT PROTECTIVELY MARKED Page 27 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED Procedure – Data Protection Data Protection The Data Protection Act 1998 applies to personal data. This is defined as information relating to a “living” individual, who can be identified either from the information itself or indirectly by combining the information with other data available. All personal data must be dealt with in accordance with eight Data Protection Principles. I confirm that this procedure is compliant with the Data Protection Act 1998 1998. Approved by Data Protection Officer Name: Date: Procedure – Freedom of Information Freedom of Information The Freedom of Information Act 2000 requires that all public authorities develop and maintain a publication scheme. Cheshire has adopted the ACPO publication scheme model. This requires that force policies and procedures are routinely made available to the public on the force website. This document is considered by the Author to be suitable for publication Name: D Mundey Date: 26th May 2010 Approved by Freedom of Information Officer I confirm that this procedure is compliant with the Freedom of Information Act 2000. Name: Date: Procedure – Management of Police Information Management of Police Information (MoPI) The "Management of Police Information" (MoPI) Guidance follows the publication in July 2005 of a Code of Practice on the management of police information developed by the Home Secretary under the Police Act 1996. This Statutory Code was part of the government's response to the recommendations of the Bichard Inquiry into the circumstances surrounding the tragic murders in Soham and was designed to provide a common national framework for the management of police information, highlighting the importance of common standards in high risk areas of activity. The Force has a duty to be MoPI compliant in all business areas by 2010 and will be subject to HMIC inspection thereafter. To support this, the procedure has been developed in accordance with the Force Information Management Strategy, MOPI Guidance and Codes of Practice. Further information is available on the Force Information Centre by clicking the above links. Does the procedure deal with the collecting, recording, evaluating, sharing, retaining or disposal of police information? If so, does it contain documented guidance covering roles and responsibilities? No I confirm that this procedure is compliant with the Management of Police Information Guidance 2006 Approved by MoPI Officer Name: Date: Version 1 NOT PROTECTIVELY MARKED Page 28 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender NOT PROTECTIVELY MARKED Procedure – Force Solicitor’s Office Vetting Force Solicitor’s Office Procedure Vetting I am also satisfied that this procedure does not disadvantage the Force or place it in a position of legal vulnerability. I have reviewed this procedure and can confirm that in my opinion all engagement of articles from Human Rights Act are lawful, proportionate and necessary. Approved by the Force Solicitor’s Office Name: Date: Procedure - Risk Management Risk Management Does the procedure have any impact on organisational risk? Organisational risk includes anything that has the potential to impact upon the Constabulary’s assets, earnings, reputation, performance or personnel. An example of this could be where the Constabulary decides not to adopt national guidance in the application of its procedure. This procedure follows national guidance from the National Policing Improvement Agency on the use and deployment of Evidence Gathering Trained Officers. It includes cross references to National Guidance for Police Officers and the Police Support Unit standards Tactics and training. By following national guidance, impact on organisational risk is minimised. Procedure – Values Check Values Checklist The force has developed a set of core values which should be reflected in all our policies and procedures so the values can be systematically embedded in our daily tasks and processes. A Values Checklist has been developed to assist staff who are writing a new or updating an old procedure to provoke ideas that may not have been previously considered. Approved by Procedure Author I confirm that this procedure is compliant with the Force Values Name: D Mundey Date: 27th May 2010 Procedure – Promotion and Distribution Promotion and Distribution How will staff be made aware of the procedure? This procedure will be distributed to Silver and Gold Commanders and staff within the Vector Unit and all specially trained officers. The procedure will be published through Weekly Orders (accompanied by a Looking Glass article) and a copy placed on the Force Information Centre database and Looking Glass. Version 1 NOT PROTECTIVELY MARKED Page 29 of 29 Author: PC D. MUNDEY Owner: Supt N. Pender