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Derbyshire Constabulary PUBLIC ORDER EVIDENCE GATHERING TEAMS AND

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Derbyshire Constabulary PUBLIC ORDER EVIDENCE GATHERING TEAMS AND Powered By Docstoc
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                        Derbyshire Constabulary


                          PUBLIC ORDER
                    EVIDENCE GATHERING TEAMS
                               AND
                    NON PSU CAMERA OPERATORS


                       POLICY REFERENCE HNA


               This policy is suitable for Public Disclosure


Owner of Doc:       Divisional Commander, Operations

Review Date:        December 2010




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2.    Introduction

2.1   Evidence gathering is now an integral part of the Force Public Order resources, and the
      Force Evidence Gathering team (EGT’s) are highly trained to carry out their duty.

2.2   EGT’s are deployed to varied public order events from environmental protests through to
      urban disorder and generally work in teams of three, an Optical Evidence Gatherer, a
      Minder and a Director/Team Leader.

2.3   When an EGT is deployed they will endeavour to obtain photographic and video
      evidence of any offenders / offence in any public order arena. They aim to capture the
      best evidence of the worst offence.

2.4   Evidence gatherers are a Force resource who have been nominated by their respective
      Divisions to carry out this role.

2.5   There are within the force camera trained persons who are utilised to capture evidence
      of offences such as anti social behaviour. These persons are not to be confused with
      EGT’s, they will be referred to as Non PSU camera operators.


3.    Purpose

3.1   The purpose of this guidance is to improve force performance in evidence gathering by
      ensuring that any evidence obtained has a clear audit trail.


4.    Aims

4.1   The aims of this guidance are to ensure that: -

      •   all evidence obtained is done so with integrity;

      •   the potential for crime detection is exploited;

      •   all deployments of evidence gathering teams are done so with the minimum of risk;

      •   any training needs are identified and addressed;

      •   The reduction in crime, nuisance etc is reduced.


5.    Legal basis

5.1   When deployed on a pre planned operation the requesting Division will ensure that force
      form 45 (Inspector’s Authority) is available and completed.

5.2   In addition, due regard will have to be given to the following legislation when deployed: -

      The Human Rights Act 1998

      There is a potential to infringe the rights contained within Articles 5(1) – ‘Right to Liberty
      and Security’ and 8(1) – ‘Right to Family and Private Life’.

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       However, in relation to Article 5, a person can be deprived of his liberty for the purposes
       of a lawful arrest, detention and conviction as set out in Article 5(1). Therefore, as the
       evidence that is gathered by Evidence Gathering Teams may result in arrest, detention
       and conviction, it is important that the deployment is properly authorised by completion
       of Force Form 45 - Operational Use of Police Owned Technical Equipment.

       In relation to Article 8(1), the following ‘derogation’s’ apply under Article 8(2): -

       •     In the interests of public safety
       •     For the prevention of disorder or crime
       •     For the protection of the rights and freedom of others
       •     For the protection of health or morals


6.     Deployment

6.1    All requests for EGT’s for pre planned operations including football must be via the
       Public Order Support Unit (P.O.S.U.) at Police Headquarters. Any requests for
       spontaneous incidents that occur either within the Force or another Force area should be
       directed through the Central Incident Control Room at Police Headquarters.

6.2    When requested to go on Mutual Aid each EGT will work in teams of three.

6.3    EGT’s will be responsible to the Silver and Bronze Commanders at an incident or event.

6.4    EGT’s should work in teams of 3 whenever logistically possible at all category ‘C’ and
       ’C+’ football games where there is a high potential for disorder.

6.5    At low level public order events such as Animal Rights and Category ‘B’ football matches
       where there is little or no trouble expected the EGT’s can be deployed in teams of two.

6.6    After evidence gatherers have been deployed they will ensure that they make an entry in
       their evidence logs and may request a necessary counter signature from the Bronze
       Commander.

6.7    Evidence gatherers will ensure that when deployed they carry and use the digital video
       recorder, the Nikon stills camera, (or future replacements such as Digital Cameras) the
       digital voice recorder and all necessary consumables for the event or incident.

6.8    Evidence gatherers will deploy in normal street uniform except for the utility vest and a
       fluorescent police hard baseball cap, unless instructed otherwise by the Bronze / Silver
       commander for an event e.g. Category C and C+ football matches.

6.9    Evidence gatherers will not form part of the Divisional Police Support Unit (PSU) but will
       be a Force resource.

6.10   All requests for non PSU camera operators should go through local supervision.

6.11   Non PSU camera operators should generally be deployed in pairs unless unforeseen
       circumstances dictate otherwise and will be normal street uniform.




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7.        Equipment

          The following is for the force evidence gathering teams only (7.1 - 7.5).

7.1       All non-consumable equipment will be purchased centrally via Operations Division.
          DV Tapes will be obtained via Central Stores by each Division.
          Working copy CD/DVD’s will be obtained via central stores
          Master Copy CD/DVD’s will be supplied by Operations Division POSU in the first
          instance and from central stores thereafter.


7.2       Any repairs to the equipment will also be arranged via Operations Division.

7.3       Any equipment purchased must be compatible to existing equipment, be of the current
          high quality and be suitable to use in the Public Order arena.

7.4       Any equipment that needs to be evaluated should be identified to the Public Order
          Support Unit or the Task Force Inspector, who will then arrange for the necessary trials
          and evaluation to take place.

7.5       Each Division has the following items issued to them which are to be kept secure ready
          to be issued to trained evidence gathering personnel only: -

          ♦     1Holdall
          ♦     1 Sony DVD Camcorder and car charger
          ♦     1 Verity 1:1 DVD Duplicator
          ♦     90 8cm DVD-R Discs
          ♦     2 Handycam batteries
          ♦     1 Monopod
          ♦     1 Evidence Gatherers vest
          ♦     1 Rain cover for the camera
          ♦     1 Helmet lamp and battery adapter
      ♦   One Nikon D200 Digital SLR Camera including battery and charger
      ♦   One Nikon 70-300mm lens
      ♦   Four 2gb Memory Cards for the D200
      ♦   One EZ Digimagic DVD/CD burner and car charger
      ♦   4 rechargeable Batteries for the DVD burner and charger
      ♦   Zigview digital viewfinder including shutter release cable and video splitter cable
      ♦   150 pre labelled WORM CDr’s. and 50 pre labelled WORM DVDr’s

7.6       The following extra equipment is issued and kept secure to both ‘D’ and ‘C‘ Divisions: -

          ♦     1 Digital voice recorder including microphone
          ♦     1 Dragon light
          ♦     1 Digital video download kit including TV
          ♦     1 Digital voice download kit
          ♦     One Norman flash gun, complete unit including battery pack, charger, sync lead
              and spare bulb

7.7       The following points are for non PSU camera operators (7.8 – 7.10).



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7.8    All equipment and consumables will be purchased by the respective Division. All
       equipment that is to be purchased should be done in consultation with the Technical
       Support Unit (TSU) thus enabling a corporate approach throughout the force area.

7.9    Any repairs to the equipment will also be arranged via the respective Division.

7.10   Any equipment purchased must be compatible to existing equipment, be of the current
       high quality and be suitable for use in general policing duties.




8.     Issue and continuity of tapes and films

8.1    The tapes memory cards and CDr’s/DVDr’s to be used for evidence gathering purposes
       should be kept secure at each Operational Planning Office.

8.2    The issue of tapes/DVD-R’s/Memory Cards must be recorded in the movement register
       book and an authorised person from the operational planning office should be
       responsible for the issue of all Memory cards and CDr’s/DVDr’s.

8.3    Any unused tapes/DVD-R’s should be returned, still sealed, to the Operational Planning
       Office and should be signed in using the movement register booklet by an authorised
       person from the Operational Planning office. Any unused working copy CDr’s/DVDr’s as
       well as all the memory cards once re formatted, will also be returned to the relevant
       Operational Planning Office and booked back into the store.

8.4    It is the responsibility of each Division to supply the tapes memory cards, CDr’s/DVDr’s
       for the designated event to the EGT’s or camera operators.

8.5    Each tape and/or DVD-R used will become the camera persons exhibits and placed in
       the appropriate exhibit bag.

8.6    Downloaded copies from the digital voice recorder will be made by the evidence
       gatherer making the recording and will then become their exhibit and if required they will
       cause to be made a written record of that recording.

8.7    Once a copy of the original digital video tape/DVD-R has been made then the original
       will be placed in a tamper proof evidence bag with any exhibit references attached
       thereto.
       At no point should the original mini dv tape/DVD-R be rewound in order to be viewed
       during the course of the operation. If an officer of at least superintendent rank authorises
       the viewing then that tape will be removed once viewed and become an exhibit in its own
       right. A fresh tape will be placed into the video camera at this point. The camera
       operator will evidence on both tapes the reasons for the viewing and replacement

8.8    The officer in charge of the case or the Exhibits Officer must ensure that the integrity of
       the exhibit is maintained by keeping a clear audit trail of the item throughout the
       investigation process.

8.9    A record will be kept of any persons viewing the copy of the digital video.

8.10   No one will view the tapes/DVD-R unless it is to aid the investigation, or in the
       Identification of persons. P.A.C.E. procedures will be complied with as per Code D

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       paragraphs 3.28- 3.29 and Annex E. If tapes are required to defend civil claims brought
       against the Force or to assist in civil applications made on behalf of the Force, they may
       be viewed and copies may be provided to Legal Services.

8.11   All digital video tapes memory cards and 8cm DVD-R’s will be kept at the respective
       Divisions and are to be retained in accordance with 11.1-11.5. All of the exhibits will
       have the necessary signatures and kept in a secure cabinet, ensuring that the
       movement register is completed (see Appendix A).

8.12   If no other picture, other than the initial introduction card, has been taken with the Digital
       SLR, then the camera operator will allow an officer of at least Inspector Rank, to view
       the image(s) and to confirm that there are no images of any evidential value. This officer
       will complete a pre formatted statement of evidence to that effect and the camera
       operator will immediately format the memory card in the presence of that officer. They
       will then complete the relevant statement of evidence.

8.13   If ANY images other than as above have been taken, then, at the conclusion of the
       operation the memory card will be placed into the EZ Digimagic burner and a CD will be
       burnt of all the images contained on that card for that operation. This disc will be closed
       and finalised automatically by the CD burner. This first disc will be labelled as the Master
       disc and will have a pre printed face to the disc, and will sealed in the appropriate sleeve
       and/or exhibit bag. A second disc will then be burnt immediately afterwards. This disc
       will be the working copy and will be a non pre printed disc, and should be placed into the
       appropriate sleeve/exhibit bag. The memory card will then be re formatted, erasing all
       data, and returned to the relevant Operational Planning Department.

8.14   Only the issued EZ Digimagic should be used to burn copies of the memory card. Any
       additional copies of the working copy, or any hard copies of the photos on the disc, will
       need to be authorised by an officer of at least Superintendent rank and made in
       conjunction with Forensic Services at Headquarters.

8.15   If no video images, other than the original introduction card, have been recorded onto the
        DVD-R camcorder then a working copy does not need to be produced. However, the
        master disc i.e. the 8cm disc will be exhibited as such and dealt with in a manner that
        ensures the continued integrity of the evidence.

8.16   Should images other than at 8.16 be recorded then a working copy WILL be produced
       using the Verity DVD 1:1 Duplicator provided. Both master and working copies will then
       become exhibits and dealt with as at 8.16. Working copies can be made on either a pre
       printed DVD or a standard DVD as per the procedure dealt with on the EGT training
       course.

9.     Training

9.1    Evidence gatherers will attend the Spring session of Common Minimum Standards
       shield training as per the health and safety requirement (10.3).

9.2    All training and refresher training will be arranged via the Public Order Support Unit.

9.3    All technical training into the use of the camera will be undertaken by the Force EGT
       Trainers with the assistance of staff from the Force Photographic department.




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9.4    All deployment and shield training will be undertaken by nationally trained Tactical Shield
       trainers under the guidance of the nominated Task Force Sergeant.

9.5    Training for non PSU camera operators will be undertaken by the Divisional training
       officers and persons will be selected by use of the PDR system.

9.6    Any training regarding the tactics consideration should be given in using one of the
       Force Evidence Gatherers.


10.    Health and Safety

10.1   Evidence Gatherers will ensure that they have with them their P.S.U. equipment at all
       deployments.

10.2   Evidence Gatherers and non PSU camera operators will wear the necessary Personal
       Protective Equipment at all deployments.

10.3   Evidence Gatherers will attend at least one Spring and one Autumn session of Common
       Minimum Standards shield training in any two years. If for any reason an Evidence
       Gatherer fails to attend two consecutive Spring Training sessions they will become
       unavailable for any deployments as an Evidence Gatherer until they have attended the
       next Spring Training session.


11.    Retention of tapes/DVD-R’s and CD-R’s

11.1   All material which may be relevant to the investigation must be retained until a decision
       is taken whether to institute proceedings against a person for an offence.

11.2   If a criminal investigation results in proceedings being instituted, all material which may
       be relevant must be retained at least until the accused is acquitted or convicted or the
       prosecutor decides not to proceed with the case.

11.3   Where the accused is convicted, all material which may be relevant must be retained at
       least until: -

       •   the convicted person is released from custody, or discharged from hospital, in cases
           where the court imposes a custodial sentence or an hospital order;

       •   5 years from the date of conviction, in all other cases.

       If the court imposes a custodial sentence or hospital order and the convicted person is
       released from custody or is discharged from hospital earlier than 12 months from the
       date of conviction, all material which may be relevant must be retained at least until 5
       years from date of conviction.

11.4   If an appeal against conviction is in progress when the release or discharge occurs, or at
       the end of the period of 12 months specified in paragraph 10.3, all material which may
       be relevant must be retained until the appeal is determined. Similarly, if the criminal
       cases review commission is considering an application at that point in time, all material
       which may be relevant must be retained at least until the commission decides not to
       refer the case to the Court of Appeal, or until the Court determines that the appeal
       resulting from the reference by the commission.
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11.5   Where a tape/DVD-R is used at an event and it contains no evidence of offences then
       the tape/DVD-R should be kept for 1 year. However should a tape/DVD-R during that
       year become subject of an investigation then it should be retained for 5 years.


12     Human Rights Compliance

12.1   The content of this guidance has been tested against Derbyshire Constabulary’s Human
       Rights Compliance Test.

12.2   Consideration has been given to the compatability of this guidance and related
       procedures with the Human Rights Act and European Convention on Human Rights;
       with particular reference to the legal basis of its precepts; the legitimacy of its aims; the
       justification and proportionality of the actions intended by it; that it is the least intrusive
       and damaging option necessary to achieve the aims; and that it defines the need to
       document the relevant decision making processes and outcomes of action.

12.3   However, the recent case of ‘Wood v. Commissioner of Police for the Metropolis [2008]
       CA In respect of the Proportionality of police taking and retaining photographs taken in a
       public place-police must justify interference with Article 8 right to privacy’, must be
       adhered to.


13     Diversity Compliance

13.1   The content of this guidance has been tested against Derbyshire Constabulary’s
       Diversity Compliance Test.

13.2   The guidance has been drafted in accordance with all relevant employment legislation
       and with the general duty under the Race Equality Scheme to eliminate unlawful racial
       discrimination, to promote equality and to promote good relations between people of
       different racial backgrounds. Monitoring work will be undertaken on a regular basis to
       ensure this and the policy and procedure will be reviewed regularly in the light of
       monitoring results.


14.    Monitoring and Review

14.1   The Divisional Commander, Operations Division is responsible for monitoring the
       implementation and impact of this guidance.

14.2   Data is monitored for disproportionate impact on minority groups.

14.3   This policy will be reviewed 12 months from its implementation date and the outcome of
       monitoring processes will inform this review.


15.    Appeals Process

15.1   If a member of staff has an issue with the application of this guidance, they should raise
       this in the first instance with their line manager. Staff may have recourse to the Dispute
       Resolution Procedure.


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15.2   Members of the public who take issue with the application of this policy have recourse to
       the police complaints system.


16.    Certificate of Compliance

16.1   This document was audited in December 2009 by Operations Division within the
       guidelines of the Human Rights Act 1998. The audit was carried out on the assumption
       that the guiding legislation is itself compliant with the Human Rights Act 1998.

16.2   Where there are areas of potential interference with individuals' rights under the Act due
       regard has been given to the issues of legality, legitimate aim, proportionality and
       fairness.

16.3   Subject to any new legislation or changes in case law which require immediate
       amendment this document next requires reviewing in December 2010 by the Divisional
       Commander, Operations.




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                                                                                                                                                 Appendix A

                                                  EVIDENCE GATHERING MOVEMENT REGISTER

                    No of                                                                                No of
                                                                                             Memory
                     DV      No of                                                                       DVD-            Record of Movement
                                                                                             Cards                Copy
 Div     Exhibit   Tapes/   memory    Date    Issued   Issued   Incident/Event/     Date                  R’s?                                               Date
                                                                                             Returned             Made
Ref No    No        DVD-     cards   Issued     To       By     Operation Name    Returned               Tapes                                             Destroyed
                                                                                              and re-             Y/N    Date             Date
                     R’s    Issued                                                                       Return                 Officer          Rec’d
                                                                                             formatted                   out              Back
                   Issued                                                                                  ed




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