Devon & Cornwall Police - Policy - D305 Forfeiture of Computer Equipment - Court Order CONTENTS Policy Statement--PDF

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Devon & Cornwall Police - Policy - D305 Forfeiture of Computer Equipment - Court Order CONTENTS Policy Statement--PDF Powered By Docstoc
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Force Policy & Procedure                Forfeiture Of Computer Equipment – Court
                                        Order

Reference Number                        D305

Policy Version Date                     2 December 2010

Review Date                             1 September 2011

Policy Ownership:                       Crime Department

Portfolio Holder:                       Assistant Chief Constable (OC)

Links or overlaps with other policies: D224 – Major Investigation Guidelines
                                       D260 – Force Information Security Policy

Devon & Cornwall Police - Policy - D305
Forfeiture of Computer Equipment – Court Order
Version: 02/12/10

CONTENTS
1. Policy Statement
2. Introduction
3. Procedures/Principles/Ethos of Policy
4. Audit Declaration
5. Review and Ownership


1.    Policy Statement                                                    FOIA Open

1.1   The Devon and Cornwall Police aims, by working in partnership with other
      agencies, to bring about safer communities, reduce disorder, crime and the fear of
      crime and to contribute to the delivery of justice in a way which secures and
      maintains public confidence. The policing of Devon, Cornwall and the Isles of Scilly
      will focus on bringing the police and the community together in the fight against
      crime.


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1.2   As part of this aim the Force is committed to the prevention and detection of crime
      the protection of vulnerable communities and preserving the rights of individuals. In
      pursuit of these commitments the Force will, where computer equipment is used to
      facilitate criminal offences, have a positive policy in making application to the courts
      for the forfeiture of such equipment. Such forfeiture will assist in the prevention of
      further offences and act as a deterrent to offenders.

1.3   This policy contains information on obtaining Forfeiture Orders and the
      handling/disposal of computer equipment that is subject to a Forfeiture Order
      issued by the Court.


2.    Introduction                                                           FOIA Open

2.1   This policy should be read in conjunction with the following:-

      (a)   ACPO Manual – Investigating Computer Pornography Good Practice
            Handbook.

      (b)    Force Policy D224 – Major Investigation Guidelines.


      (c)   Ministry of Justice Circular Forfeiture of Indecent Images of Children:
            Implementation of Section 39 and Schedule 11 of the Police and Justice Act
            2006.

      (d)    Devon & Cornwall Constabulary Sex Offender Strategy (CJO127)

      (e)    Child Exploitation Unit (CEU) Strategy (CJO128)

      (f)    CEU Working Practice: Investigation into Sexual Grooming of Children
             (CJO129)

      (g)   CEU Working Practice: Investigating Indecent Images of Children on the
            Internet (CJO130)

      (h)    ACPO Good Practice Guide for Computer Based Electronic Evidence.

2.2   Where an investigation identifies computer equipment (which includes mobile
      phones) that has been or is being used in the commission of a criminal offence(s)
      the equipment will be seized. Such seizure will be under the authority granted to
      conduct the search (i.e. warrant or powers under PACE 1984).

2.3   An application for a Forfeiture Order may be made to a Court under Section 143 of
      the Powers of Criminal Courts Act 2000. Where computer equipment or mobile
      phones have been seized and the offender(s) prosecuted, consideration should
      always be given to applying to the court for a Forfeiture Order. Such an application
      to the court should be regarded as the normal course of action rather than the
      exception.

2.4   In the application of this policy staff are reminded of the need to comply with the
      Equality of Service Delivery Policy D243.
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3.    Procedures          (FOIA Closed – Exemption: S.31(1)(a))


4.    Audit Declaration                                                   FOIA Open

4.1   This policy has been drafted and audited in accordance with the principles of
      Human Rights legislation, Race Relations (Amendment) Act 2000, Disability
      Discrimination Act 1995, the Policing Bureaucracy Gateway and Freedom of
      Information Act 2000. Public disclosure is approved unless where otherwise
      indicated and justified by relevant exemptions.


5.    Review And Ownership                                                FOIA Open

5.1   The contents of this policy will be reviewed annually by Commander Crime
      Department (OC).




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