page 1 of 68 mps foia disclosure - whatdotheyknow

Minimum Standards for the Primary Investigation of Crim e

Standard Operating ProcedureTerritorial Policing SOP : Minimum Standards for the Primary Investigation of Crime

Protective marking :

Publication scheme Y/N :

Title :

Version :

Summary :

Branch / OCU :

Review date :

Notice reference / date :

Not protectively marked

No

Primary Investigation of Crime Standard OperatingProcedures

Version 2

Establishes corporate minimum standard s for the primaryinvestigation of c rime

TP Crime Strategi c Committee

May 201 1

Item 5 Notices 19/08 - 07/05/0 8

Standard Operating Procedure (SOP) for the Prima ry Investigation of Crim e

INTRODUCTON

This SOP suppo rts the Metropolitan Police Service (MPS) policy relating to the Investigation of Crime anddeals specifically with primary investigations . The SOP sets generic minimum standards for the prima ryinvestigation of all crime in addition to fu rther standards and processes relating to specific crime typesconsidered to have the most impact at Territorial Policing (TP) Borough Operational Command Unit (BOCU)level . Compliance with this SOP will ensure a corporate approach to prima ry investigations .

APPLICATION

All police officers and police staff, including the extended police family and those working voluntarily or undercontract to the Metropolitan Police Authority (MPA) must be aware of, and are required to comply with, allrelevant MPS policy and associated procedures .

However, this SOP applies in pa rt icular to officers and staff in the following roles :

• All operational officers , both uniform and detective , and their supervisors

of 6 8

file ://C :\Documents and Settings \c050125 \Local Settings\Temporary Internet Files\OLK23D\Primary Investigation of C rime Standard 0 . . . 05/05 /2010MPS FOIA Disc

losure


• All Police Officers and Police Staff involved in the initial response to and prima ry investigation of crimeand their supervisors .

• All Police Officers and Police Staff involved in the management of crime and their supervisors .

Note : This list is not intended to be exhaustive .

This SOP applies with effect from Wednesday 7th May 2008 .

SOP CONTENTS

Part 1 - Supervision of Primary Investigation s

Part 2 - Minimum Standards for the Primary Investigation of Crime (All Offences)

Part 3 - Primary Investigation of Serious Violence Offences and Assault s

Part 4 - Primary Investigation of Robbery

Part 5 - Primary Investigation of Burglary and Distraction Burglar y

Part 6 - Primary Investigation of Auto-crime Offences and Seizure of Motor Vehicles Driven WithoutDriving Licence or Insurance

Part 7 - Primary Investigation of Cheque, Plastic Card and Online Bank Account Fraud

Part 8 - Primary Investigation of Making Off Without Payment from Petrol Station s

Part 9 - Dealing with Counterfeit Currency

Part 10 -Primary Investigation of Arso n

Part 11 - Dealing with Firearms

of 6 8


losure


Part 12 - Primary Investigation of Hate Crim e

Part 13 - Primary Investigation of Sexual Offences

Part 14 - Immediate Capture of Evidence for Front line Officers (ICEFLO) Procedure s

Part 15 - False Reporting Procedure

Part 16 - Police Liaison with Royal Mail Letter Security (RMLS) and Other Public Postal Service s

SOP DETAILS

PART 1SUPERVISION OF PRIMARY INVESTIGATION S

Supervision at the Scene

The first supervising officer to arrive at a crime scene will assume responsibility for control of the scene .

Details of this officer must be recorded on the relevant CAD message . Where , for any reason , this function isdelegated or transferred to another officer, this must also be recorded on the CAD . This is of part icularimpo rtance where an initial investigation requires a scene to be managed , i . e . serious violence offence orother offence requiring cordons to be installed .

Where no supervising officer is in a ttendance , the first officer to arrive at the scene will assume responsibility .Details of the officer must be recorded on the CAD . Any subsequent changes must also be recorded .

The responsibility for recording such information on the CAD system is that of the Borough IBO .

Initial Supervision of Recorded Allegation s

Supervision of investigations at an early stage is of paramount impo rtance in ensuring that :

of 6 8


losure


• The minimum standards set by this SOP are achieved ; AND• Any shortfalls that exist in the investigation are identified early enough for remedial action to be taken .

To this end, ALL primary investigations MUST be supervised within FOUR HOURS of being recorded .Where possible, this supervision should be carried out by an officer with supervisory responsibility for theperson conducting the primary investigation, however where this is operationally impractical any supervisormay carry out this function .

The supervision must be more than a simple check and should focus on the initial investigative steps thathave been taken . The fact that the investigation has been supervised must be recorded on the CRIStogether with details of any fu rther action required .

The responsibility for ensuring that the above supervision takes place lies with the Duty Officer .

PART 2MINIMUM STANDARDS FOR PRIMARY INVESTIGATION OF CRIME (ALL OFFENCES)

The minimum standards of investigation into all offences have been broken down into the following six keyareas :

1 . Immediate Actio n2 . Scene3 . Forensic s4 . Victims/Witnesse s5 . Suspects6 . Other Evidence

Contained within each of these key areas are a number of 'expected actions ' that the investigating officermust consider. Where an action is considered but not unde rtaken the investigating officer must be able tojustify why this is the case . Also , where an action is not possible due to the fact that the investigation is beingconducted without police deployment , by a Telephone Investigation Bureau (TIB) for example , this must beclearly recorded on the Crime Repo rting Information System (CRIB) . These actions set the minimumstandard that must be achieved and therefore fu rther work must be unde rtaken where appropriate . Details of

of 6 8


losure


all investigative action taken must either be directly recorded on the CRIS report or first recorded in a 'Pocketbook' or other official MPS document and then transcribed onto the CRIS report . Investigating officers mustnot use scraps of paper or other unofficial documents to record evidence and actions taken to investigatecrime.

In relation to crime investigations officers must make a note in an Evidence and Action Book (EAB) ofanything that may be of evidential value or of use in a later enquiry . Such practice will improve the standardof recording crime details, enhance disclosure procedures, allow subsequent investigators to have control ofthe original book and to preserve the integrity and continuity of the notes made .

The type of information that should be recorded will include :

. First description of suspect

. Identification evidence (including Body Map if appropriate)

. Details of exhibits seize d

. Unsolicited comments relevant to an investigation

. Questions and answers relating to an investigation or search

. Reply to caution

. Forensic evidence

. Details of victims injuries or damageNB . This list is not exhaustive .

Communication With People who are Deaf, Deafened , Hard of Hearing or Deafblin d

Guidance regarding communication with persons who are Deaf , deafened , hard of hearing or Deafblind canbe found in Police Notice 16/2007

Communication With People Who are Non -English Speaking

All reasonable steps must be taken to communicate with persons who do not speak or understand English .Information relating to the use of interpreters can be found in the Working with Interpreters - Guidelines forMPS Personnel - Standing Operating Procedures

of 6 8


losure


Full details of the 'expected actions' together with links to relevant information are as follows :

1 . IMMEDIATE ACTION

Provide / Request Medical AidAs appropriate

Identify Risks to Health/Safety of Police/PublicPotential risks to the health and safety of police/public attending or near the scene must be established andacted upon at the earliest opportunity .

Establish Details of How Offence/incident Has Happened .Obtain sufficient information in order to establish what crime has been committed . Full details of what hasoccurred must be recorded .

Identify Serious Violence Offences

'Serious Violence' is defined as• Murder• Attempted Murde r• Causing Grievous Bodily Harm with Intent (S18 . Offences Against the Person Act 1861)Investigations into these offences will be carried out in accordance with the MPS Standard OperatingProcedure for the Investigation of Serious Violence Offence s

Consider if Incident is Critical Inciden tA Critical Incident is defined as 'Any incident where the effectiveness of the police response is likely tohave a significant impact on the confidence of the victim , their family , and/or the community .' It isimperative that police respond effectively to Critical Incidents especially during the initial investigation . Fulldetails relating to the identification of and response to Critical Incidents, including action to be consideredduring the 'golden hour', are contained within the Critical Incident Manua l

Consider if Crime Amounts to a Threat to Lif eIf the crime amounts to a threat to life the MPS policy on Dealing With Threats to Life should be referred to .

of 6 8


losure


Provide Early Identification of Incidents of Hate Crime or Domestic Violenc eIt is important that incidents of Hate Crime or Domestic Violence are recognised at the earliest opportunity .The relevant flags must be shown on the CRIS report (GE N Page) . Further details are contained within Part 5(Assaults) and Part 12 (Hate Crime) of this SOP . Further information is available from the Community SafetyUnit Service Delive ry Team

Take appropriate action where a child is involved /present and any of the Every Child Matters (ECM) keyoutcomes are not being achieved .Section 11 of the Children Act 2004 sets out clear statutory requirements for all agencies to safeguard andpromote the welfare of all children and young people . To support this objective, each agency that works withor comes into contact with children and young people are required to assess the child's needs against thefollowing ECM five key outcomes .• Be Healthy• Stay Safe• Enjoy and Achieve• Make a Positive Contribution• Economic Well-bein g

Where there are concerns that any of the above key outcomes are not being met a MERLIN repo rt must becreated Full details will be published in the MPS Eve ry Child Matters Policy .

In cases where Child Abuse is suspected or circumstances are such that a child is considered to be in needof Police Protection the MPS Child Abuse Investigation Policy must be complied with .

Ensure Description of Suspect(s) is Recorded and Circulated Including Stolen Property / VehiclesUsed .The Police and Criminal Evidence Act (PACE) Codes of Practice (Code D 3 .1) requires that a description of asuspect as first given by a potential witness MUST be recorded in a visible and legible form . This wouldnormally be recorded in an officers pocket book or Evidence and Action Book (EAB). In some cases therelevant CAD message may contain a record of such a description . Details of suspect(s) and/or propertystolen should be circulated as soon as possible .

Consider Searching Area for Suspect Accompanied by Victim /WitnessIn certain circumstances the victim/witness should be asked to accompany police on a 'drive round' to try and

of 6 8


losure


identify the suspect . It is impo rtant that the correct procedures as prescribed by PACE Code D . 3 . 1 to D3 . 3are followed .

Ensure Details are Recorded of all Officers Attending the Scene .The names and numbers of all police officers and staff attending the scene must be recorded and entered onthe CRIS report .

2 . SCENE

Take Appropriate Measures to Preserve Crime Scen eAvoid unnecessary disturbance of the crime scene by public/police . Cordon off scene where necessary andappropriate . Note what preservation advice is given to victims/witnesses .

The preservation of a crime scene and the logistics to achieve this, including crime scene tents, lighting,power, visual screens and traffic management can be obtaine d

Commence Scene Log if appropriat eWhere it has been considered necessary to preserve a crime scene by putting in place a police cordon, aCrime Scene Log should be started at the earliest opportunity . Where such a log is not immediately available,a pocket book or EAB should be used until one becomes available .

Photograph Scene using Immediate Capture of Evidence for Front Line Officers ( ICEFLO) proceduresThe early capture of evidence can be crucial to the successful outcome of an investigation . For this reasonconsideration should be given to obtaining photographic evidence from a scene as soon as possible . Fullguidance of ICEFLO procedures are contained within Part 14 of this SOP .

Conduct search of Scene /Route Taken by SuspectsA thorough search of the scene including the route taken by suspect(s) should be considered . This willensure that maximum forensic and CCTV opportunities are identified .

3 . FORENSICS

Liase with Scene Examiner at earliest opportunity

of 6 8


losure


Scene Examiners now provide 24 hour cover on all boroughs . It is impo rtant therefore that contact is made atthe earliest oppo rtunity , preferably whilst police are at the scene . This will enable a Scene Examiner to eitherattend the scene immediately or provide advice to police on the preservation , seizure or packaging ofexhibits.

mmff~~

of 6 8


losure


4 . VICTIMS / WITNESSES

Locate and Establish Details of All Potential Victims and Witnesse sSufficient enquiries must be carried out to locate all potential victims and witnesses . This will includeconducting appropriate local enquiries at/near the scene . Comprehensive and precise contact details must betaken from all victims/witnesses . These details must be accurately recorded on the CRIS .

Obtain Victim/Witness StatementsThe decision as to whether to obtain an immediate full written statement from a victim/witness must be madeaccording to the circumstances . Factors that will determine when such a statement is taken include the futureavailability and co-operation of a victim/witness and whether a victim/witness is considered to be vulnerableor intimidated (see below) . Full updated guidance on the interviewing of victims and witnesses can be found

of 68


losure


in Achieving Best Evidence in Criminal Proceedings : Guidance on Interviewing Victims and Witnesses andUsing Special Measures .

Ensure Vulnerable or Intimidated Witnesses Are Identifie dPart 2 of the Youth Justice and Criminal Evidence Act, 1999 sets out a number of "special measures" that areintended to help "vulnerable" and "intimidated" witnesses to give their evidence . It is important that thesewitnesses are identified at the earliest stage in an investigation in order that the appropriate special measurescan be implemented .Full details are contained in the MPS Investigative Interviewing Policy

Ensure Victims Code of Practice is Fully Complied Wit hThe Victims Code of Practice (VCOP) places statutory obligations on the MPS relating to its dealings withvictims of crime . Amongst many other things the Code makes requirements in relation to vulnerable orintimidated victims, referrals to the Victim Support Groups and the information that must be given to victims .Full details are contained within The Code of Practice for Victims of Crime

Ensure 'Significant Witnesses ' are Identified and Dealt with Appropriately .Investigations into the following offence types may well involve 'significant witnesses .'• Murder• Manslaughter• Road Death (where allegation of failure to stop or drivers identity is an issue )• Serious Assault (especially where there are grounds to believe victim might die)• Serious Sexual Assault• Kidnap• Robberies where firearms are discharged and cause physical injury• Attempts or Conspiracies in relation to the above offence s

A full definition and guidance as to how these witnesses should be dealt with is contained in the MPSInvestigative Interviewing Policy

Be Aware of Provisions for the Witness Albums Display System (WADS )

The use of the WADS should be considered for all victims /witnesses . Investigators must ensure thatphotographs are shown in accordance with PACE Code D, Annex E

of 68


losure


Obtain Medical Consent Form from Victim at Earliest Opportunit yMedical evidence can only be obtained with the consent of the victim . Form 172 provides this consent andshould be completed as soon as possible where medical/hospital treatment is required .

5 . SUSPECTS

Ensure Correct Identification Procedures Are Conducte dThe identification of suspects who are 'not known' is governed by the PACE Codes of Practice . It is vitallyimportant that the correct procedures as prescribed by PACE Code D .3.1 to D3.3 are followed .

Make Arrest(s)

Where grounds exist, arrests should be made in accordance with Section 24 Police and Criminal EvidenceAct .

of 68


losure


Ensure Suspect Details are Recorded on the CRI SIt is important to ensure that full details of any suspects are recorded on both the SUSPECT and DETS pagesof the relevant CRIS record . Where a person ceases to be a suspect they must be shown as eliminated .

6 . OTHER EVIDENC E

Ensure Correct Procedures are Followed Regarding Potential CCTV Evidence

• Police have a duty to investigate thoroughly and obtain material that is relevant to the investigation .• CCTV cameras may be present at the scene and may have evidential value . This should always be

investigated .• Where cameras are present and recording , it should be viewed at the scene to evaluate its relevance

and to check the date/time shown on the recording is correct .• If you decide to retrieve a disc/tape, this should be exhibited by the person handing it to you with a

statement• If not practicable to view at the scene , seize it anyway - unless it is clear it can be of no evidential value

whatsoever, e . g . System malfunction , scene not covered , insufficient lighting , etc .• If you decide not to seize , an entry in a pocket book /CRIS/MG6/Scene log of why should be made - not

just that it was not taken .• If in any doubt - take it

Summary• Wherever practical view at the scene .• Make a decision whether to seize . If not possible to do so immediately , arrange for it to be collected

ASAP - and explain why .• Give it an exhibit number relevant to the person you are seizing it from .• Take a statement - a proforma should be available from the Borough E10 .• If not seizing - explain why .• If you are able to account for integrity and continuity in transit - seal at the station as soon as a copy is

made - with a statement .• Ensure an entry is made in the Book 66 giving details of the exhibit .• Think CONTINUITY and INTEGRITY of the exhibit .

of 68


losure


. If a recording has been seized but is of no relevance - it must be retained as it may become unusedmaterial .

FormatsVHS is becomingCD/DVD formats .

rarer , but is more straightforward to handle . However , digital recordings can be in variousRecordings can also be stored on a hard drive with no po rtable data storage medium .

• Disks - ask for two copies from the provider - and seal one as the working copy .• If only one copy is available and you are able to account for continuity in transit - it can be sealed at the

station immediately a working copy is made WITH A STATEME NT .• If you are unable to deal with the format, advice should be sought from your borough Evidential Images

Officer (E10) or Video Images Identification and Detections Office (VIIDO ) in the first instance beforecontacting the video lab .

CCTV Evidence from Buse sWhere potential evidence exists from CCTV systems on buses , the following information should be recordedon the CRIS in order to facilitate the future retrieval of the evidence by the 10 :• Bus route• Bus fleet number• Vehicle Registration Mark of bus• Bus company name• Depot running from• Driver details .• Oyster Card details (if bus identity not known )

Consider if Allegation is a False Report of Crim eThe MPS False Reporting Procedure can be found in Part 15 of this SO P

Ascertain and Accurately Record Details of Stolen Property on CRI SFull details of stolen property, including serial numbers where available, must be recorded in the relevant

of 68


losure


sections of the CRIS PROPERTY page . This is pa rt icularly impo rtant in relation to mobile telephones andtheir International Mobile Equipment Identity (IMEI) number . Correctly entering the IMEI number on the CRISwill enable the National Mobile Phone Crime Unit to load details of stolen phones onto the National MobilePhone Register . This facilitates the future identification of stolen phones . Where the victim is not inpossession of the IMEI number they should be asked to contact their network provider who should provide itto them .

PART 3PRIMARY INVESTIGATION OF SERIOUS VIOLENCE OFFENCES AND OTHER ASSAULTSThe six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to allallegations of Assault . The following additional actions, however, must also be considered . All details must befully recorded on the CRIS record .

SERIOUS VIOLENCE OFFENCES

The priorities of the police service in responding to serious violence offences are to :

• Improve the investigation of serious violence offence s• Improve the treatment of victims of serious violence offence s• Take effective action against offenders so that they can be held accountable through the criminal justice

system

'Serious Violence ' is defined as• Murder• Attempted Murde r• Causing Grievous Bodily Harm with Intent (S18 . Offences Against the Person Act 1861 )

Where the crime is linked to domestic violence, this SOP should also be read in conjunction with theDomestic Violence Standard Operating Procedures .

It is impo rtant that incidents of Hate Crime or Domestic Violence are recognised at the earliest oppo rtunity .The relevant flags must be shown on the CRIS repo rt (GEN Page) . Fu rther information is available from theCommunity Safety Unit Service Delive ry Team

of 68


losure


The investigation of Serious Violence offences rests with Borough Operational Command Units (BOCU) withthe following exceptions :

The Child Abuse Investigation Command investigate violent offences against children :

Their Terms of Reference are as follows :-

. Investigatio n• To record and investigate all suspicions or allegations of crime that come within the scope of the term

'child abuse ' in co-operation with Local Authorities and other appropriate agencies :• Intra-familial abuse (as opposed to a stranger attack) ;• Intra-familial means : - within the family and extended family including Aunts ; uncles ; cousin ; siblings

including step , fostered , half brother and sister , grandparents , step grandparents , step mothers orfathers and can include long term pa rtners but must be an established relationship )

• Professional abuse - working in a child focused environment who abuses their paid position e .g .teachers ; spo rts coaches ; youth workers ; ministers ; caretaker of a school ; school cleaner ; prison staff

• Other carers - who act as a carer with some responsibility for the child at the time of the offence - e .g .babysitters ; volunta ry groups like scouting , unpaid spo rts coaches ; close personal family friends ,

• Where the victim is an adult and the abuse occurred whilst he or she was a child under thecircumstances as described in (a - c) ;Which are connected matters (offences against other children) coming to notice during enquiries byofficers into (a) to (d) (e .g. where an abuser within a family has also committed similar offences againstan unrelated child) ;

• Allegations categorised as parental abduction , outlined in the Child Abduction Act 1984 S1 .• To investigate intelligence led investigations allocated through the National Intelligence Model (NIM)

tasking process .• To investigate sudden and unexpected death in infancy of children under the age of 2 within the

family .• The term 'investigation' in this context includes all those matters regarded as investigations into

allegations or suspicions of crime (which includes common assaults ; minor neglects and home atonesetc) whether or not they attract social services interest under the Children Act , and not to investigationsor assessments carried out solely by social services under section 47 Children Act 1989 .

Homicide & Serious Crime Command SCD1 will undertake responsibility for the following investigations :

of 68


losure


• All murder

• Attempted murder where the evidence of intent is unambiguous and where a risk assessment identifiesa substantive risk to life . Such cases will not be investigated by the SCD without authority of an SCDDetective Superintendent following a presentation by the Borough SIO .

Borough Crime Managers should continue to inform the Homicide and Serious Crime Command of anyserious assault that has the potential to become a Critical Incident requiring Holmes 2 suppo rt, or wherethere is a prospect that the victim may not recover from his/her injuries .

SCD8 Trident / Trafalgar

Operation Trident will investigate allegations of Serious Violence involving the discharge of firearms (fatal ornon-fatal) involving the use of a lethal barrelled weapon or such weapon as has been conve rted to be such alethal barrelled weapon , where the suspects and victims are both members of the black communities .

Operation Trafalgar will investigate allegations of Serious Violence involving the discharge of firearms (non-fatal) involving the use of a lethal barrelled weapon or such weapon as has been converted to be such a lethalbarrelled weapon in all other communities across London .

Trident and Trafalgar will not be responsible for the discharge or threat of such discharge from any air weaponor blank firing weapon .

Aims in the Investigation of Serious Violence offence s

Primary Ai m

To investigate , identify and assist in the prosecution of perpetrators to the satisfaction of the victim andcommunity .

However, where a criminal prosecution of a perpetrator is not feasible :

Secondary Aim

of 68


losure


To identify and pursue alternative courses of action (where appropriate with or by pa rtner agencies) to ensurethat victims receive a high standard of suppo rt and aftercare while utilising all appropriate means to gainintelligence concerning the perpetrator .

These aims are not mutually exclusive . Where appropriate , both objectives will be pursued simultaneously .

FIVE BUILDING BLOCK PRINCIPLE S

The following five building block principles must be adhered to during the initial response :

1 . Preservation of life

2 . Preservation of scene(s )

3 . Securing of evidence (in pa rt icular, forensic evidence)

4 . Identifying victim(s )

5 . Identifying of suspect(s )

1 . Preserve Life (and considerations during the preservation of life stage )

Upon arrival at the scene , the medical condition of the victim must be established . If there appears to be anysign that the victim may be alive , an ambulance must be called immediately and officers must administeremergency life suppo rt techniques .

There have been a number of occasions where police officers believed a victim to be deceased , only for theFME to later discover vital signs of life . Unless and until life is pronounced extinct every effort must be to seekmedical attention , give emergency life support and/or transfer to hospital .

When administering first aid or handling bodies , officers should be aware of health hazards , for example ,hepatitis B and HIV .

of 68

file ://C ADocuments and Settings \c050125 \Local Settings\Temporary Internet Files\OLK23D\Primary Investigation of C rime Standard 0 . . . 05/05 /2010MPS FOIA Disc

losure


Initial Scene Considerations

The following should be considered by officers attending the scene initially , taking into account that , at thisstage , the priority is to preserve the life of the victim , medical treatment must not in any circumstances bedelayed .

In part icular consider the following :

• Gaining entry

Consider your initial ent ry . Take any practical steps that you are able to , so as to preserve evidence .Your point of ent ry to premises is most likely the same ent ry/exit as the offenders .

Look carefully before you touch anything , put on protective gloves and overshoes if the circumstancesallow you to do so . - DO NOT TOUCH ANY SURFACE OR OBJECT UNLESS YOU HAVE TO - youmay be obliterating the only finger mark at that scene left by the offender . If you have to touch , move orchange anything such as turning on lights , make a note within the IML and bring to the attention of theSIO .

Consider whether you can open doors by pushing at the bottom or top where others wouldn't normallydo so .

Route

Try to use a route that is not the obvious route used by the offender(s) . Within premises walk to the sideof rooms (without touching the walls) - Look prior to taking each initial step to ensure you do notobliterate obvious evidence such as footmarks . Try to follow the wall line and not walk along the centreof a hallway or obvious pathway .Once an initial route has been established ensure other people that must enter the scene follow thesame route . Particularly in respect of outdoor scenes use tape to identify the approach route .

If the circumstances permit , encourage LAS crews and anyone having a need to enter the scene to puton protective overshoes - this takes seconds , will considerably reduce the forensic workload and mayprevent their footwear from having to be seized at a later stage) .

. Preserve Scene(s) - (preservation of life stage)

of 68


losure


Observe the exact details of the scenes , particularly the location of the victim ;

Consider making use of ICEFLO or other photographic equipment to photograph the victim in-situ . Inany event you ought to consider provision of a sketch or series of sketches . (However the overridingconsideration is not to disturb the scene anymore than is absolutely essential to save life , thereforealthough this is a consideration , do not move or change anything or permit others to enter , or exit andre-enter , in order to achieve this . )

If the victim is to be removed to hospital then remove them with minimum disturbance of the scene . Acomprehensive and accurate note must be made by an officer who for good reason has no alternativebut to move , touch or alter anything within the scene . CONSIDER CAREFULLY WHETHER IT NEEDSTO BE TOUCHED MOVED OR ALTERED BEFORE YOU DO SO . Report these facts to theinvestigating officer (10) at the earliest oppo rtunity ;Steps must be taken to prevent unnecessa ry access to the scene ; (even at this early stage an officer orofficers not involved in the preservation of life , as far as circumstances allow , must establish early scenecontrol : Only those people who are directly involved in the provision of life suppo rt/medical attention tothe victim must be allowed to enter the scene . )

Commence incident management and crime scene logs .

Unde rtake a flash search of the scene - there might be more than one victim in need of medicalattention , USE CAUTION as the offender may also still be present .

Victim Clearly Deceased at Scene

For guidance in cases where the victim is clearly deceased, refer to the London Homicide Manual .

Victim Moved to Hospita l

When a victim is moved from the scene to the hospital , the identity of the ambulance crew and thedetails of the hospital , should be established and noted within the IML .

Ideally , an officer should travel to the hospital with the victim to provide evidence of continuity andsubsequently to co-ordinate investigative actions . If it is not possible to send an officer from the scene ,at the earliest oppo rtunity an officer must attend the hospital .

of 68


losure


PRIORITIES FOR OFFICERS ATTENDING THE HOSPITAL

• Seize Evidence

Victim is a crime scene :-

The clothing and possessions of the victim are to be seized as evidence . If not exhibitstrained , an officer performing this function must consult an exhibits trained officer or theBOCU on-call senior CID officer in order that these vital exhibits are recorded and package dcorrectly to ensure preservation and continuity .

To arrange for a pre-transfusion blood sample to be taken by the hospital . Officers should beaware that hospitals will only retain pre-transfusion blood for seven days after taking unlessa request is made in writing for its retention .

. Consideration should be given as to what forensic oppo rtunities might be lost during themedical procedures that are able to be recovered without hindrance to the medical team .This will require close liaison with the medical practitioner in charge and on-call BOCUsenior CID officer having regard to the fact that preservation of life clearly takes precedence .

. Victim

Establish identity of victim(s) ;

. If a victim is conscious (subject to medical advice) establish facts including details of anypossible suspect(s) . Obtain a basic initial statement from the victim , if they are able to giveone , within the EAB .

. Obtain details of family , friends and associates with whom the victim is in contact - thesemay be witnesses or good sources of information ;

. Obtain medical advice about the prognosis of a victim's condition ;

. Remind ambulance/paramedics re preservation of evidence ;

. Make notes of your decisions , actions and observations .

of 68


losure


Consider significant witness protocols - Notices 48/03

Make contact with family/friends who may arrive . Ensure the SIO or the incident managerand the control room are made aware .

Dying DeclarationsWhen dealing with seriously injured persons, officers should make every effort to establish fromthem who was responsible for causing the injury, recording the exact words spoken or anyindications made . The statement may be vital evidence and may be admissible at court as adying declaration .

For more details about dying declarations refer to the London Homicide Manual .

2 . Preserve Scene(s)

Scene Examiners now provide 24-hour cover on all boroughs . It is impo rtant therefore that contact is made atthe earliest oppo rtunity , preferably whilst police are at the scene . This will enable a Scene Examiner to eitherattend the scene immediately or provide advice to police on the preservation , seizure or packaging ofexhibits.

Adequate preservation of the crime scene(s) is of fundamental impo rtance . It is absolutely essential thatscene control be established at the earliest oppo rtunity even whilst life suppo rt is being administered to thevictim . Access must only be afforded to persons whose presence is necessa ry to provide life suppo rt/medicalattention to the victim .

Crime scene logs are to be commenced at this time and one of the cordon officers must make a note of allpersons within the scene . When time allows (prior to them leaving the scene) this note must be expanded toinclude the names , role performing and contact details of those persons .

First officers ought to consider the following in relation to the scene(s) :

• Identify

of 68


losure


• Secure

• Protect

Identify

o Identification of the crime scene(s) is a priority activity .o Look beyond the obvious as the parameters of the scene are likely to extend beyond where the

victim is found . Consider for example the access and egress .o Identification of routes taken by the suspect and victim is of equal impo rtance . Additionally

consider the CCTV evidence along such routes .o There may be more than one crime scene .o Remember that those who enter scene(s) or come into contact with the victim(s) are themselves

crime scenes (e . g . LAS , LFB , etc) - They should be advised to preserve their clothing andfootwear until the BOCU or SCD SIO has been consulted .

of 68


losure

Minimum Standards for the Primary Investigation of Crime of 68


losure


Negative StatementsTo prevent unnecessary administration the MPS will dispense with the completion, andprocessing, of evidentially insignificant negative statements, in particular those of POLSA andCordon Officers .

Powers to Establish and Enforce Crime Scene Cordon sThe legal situation in respect of establishing and enforcing crime scene cordons is complex .Other than in respect of Terrorist offences, police currently have no power in law to cordon off andprevent access to land or premises and largely have to rely upon common law powers . Thesematters are currently the subject of discussion with the Home Office but until such time that legalpowers exist the following guidance may assist .

In the case of Ghani v . Jones (1970), Lord Denning said "The police should be able to dowhatever is necessary and reasonable to preserve the evidence of the crime" This wasrecently restated in the case of DPP v . Morrison (2003) .

Most crime scene cordons are therefore established under common law and still largely rely uponthe judgement in Ghani v . Jones .

If the crime scene is on private land or premises police are entitled to proceed on the assumptionthat the owner would consent and would want to assist . In the case of DPP V Morrison, LordJustice Kennedy and Mr Justice Hooper said that "it was their belief that consent could not lawfullybe withheld which tends to be supported by Ghani V Jones . "

Despite the legal complications police have a duty to investigate crime and in respect of seriousassault or homicide police action in establishing a cordon in order to preserve forensic evidenceclearly must not change .

The Incident Manager must note within the IML :

o The gravity of the offence for which the area is cordoned ;

of 68


losure


o The precise area cordoned ;

o Reasons why it is considered to be reasonable and necessa ry to cordon the specific area ; and ,

o Considerations under the Human Rights Act (PLAN) in respect of the victim , police actions andthe local community

Powers of ent ry under section 17 , Police and Criminal Evidence Act 1984 may be appropriate incertain circumstances .

Consideration should also be given in ce rtain circumstances to obtaining a warrant under section8 , Police and Criminal Evidence Act 1984 . However there must be no delay in establishing thecordon whilst such a warrant is obtained .

In the event any unauthorised person demands ent ry to the inner cordon they should be informedthat if they were permitted to cross the cordon they are extremely likely to destroy evidence inrelation to a serious crime . Part icular care must be taken if the person has a right of way throughthe cordoned area or is the owner of premises within the cordoned area .

If the person's reasons for wishing to enter are reasonable there may be a way of meeting theirneed without them actually entering the cordon for example the crime scene manager may beable to enter and retrieve property that is not of forensic value .

A supervising officer must be called to the scene at the first oppo rtunity .

The on-call BOCU senior CID Officer or on-call SCD SIO is available for advice and guidance 24hours per day .

If the request is unreasonable and cannot be met and the person remains insistent , they shouldinformed that to cross the cordon without authority and destroy evidence will be construed as adeliberate act likely to destroy evidence relating to a serious crime and therefore they will be liableto arrest .

In the event where an owner is seeking entry to their own premises for which police have notobtained permission from an owner, or a warrant under section 8 of the Police and CriminalEvidence Act 1984, or a person seeking to exercise their legal right of way across land, particular

of 68


losure


care should be taken as in these circumstances it could be held that the cordon is not legally inplace and therefore the officer cannot be acting in the execution of their duty .There may be extreme circumstances where officers consider that a person through such actionsmay be attempting to pervert the course of justice and thereby render themselves liable to arrest .

Any case of doubt must be referred to a supervising officer preferably the current incidentmanager if immediately available .

In any event the scene steri lity MUST be maintained .

Protect

The first officers on scene must do all that is possible to prevent :• Movement of exhibits ;• Evidence being obliterated ;• Additional material being added ; and• Loss of evidence• Further human /animal disturbance of scene .• Any possible evidence at scenes from being destroyed by minimising interference .• Protection , which includes tents and weatherproof covering is available to assist in scene

protection . If such protection is considered to be necessa ry, or likely to be necessa ry, theadvice of the Senior Detective on call , SCD on-call SIO or SCD Crime Scene Managermust be sought at the earliest oppo rtunity .

• Others destroying the scene and potential evidence (e . g . by cleaning up) .Good Practice at Crime Scene(s)

• If the incident occurs during the hours of darkness , portable lighting should immediately bedeployed to the scene to preserve evidence ; avoid touching surfaces that an offender mayhave touched , for example , light switches , door handles and windows ;Enter the scene by a route the offender is unlikely to have used , for example , walk near to

skirt ing boards ;• Mark the route in by use of cordon tape ;• Do not alter conditions , for example , by turning off central heating , opening of windows or

switching off anything unless it is to prevent loss of life or serious damage (in the event ,where for good reason it is unavoidable to touch , move or alter anything within the scene , acomprehensive note must be made and the SIO personally informed at the earliestoppo rtunity

of 68


losure


• Remove any people or animals from the scene (and log their details) ;• Do not switch off lights ; and• Do not use any telephone from within the scene .• Special care should be taken at scenes of fatal fires to secure the scene , preserve

evidence and capture details of fire service staff . The senior fire officers should bereminded that whilst fires must be extinguished , it is of utmost impo rtance that scenes andevidence are preserved .

• Use of scene tents available on vehicles and by request vide CCCIR . However , advice ofthe Crime Scene Manager, SIO or BOCU on-call senior CID officer should be sought as theerection of a tent may in itself destroy evidence .

• Forensic awareness should not be restricted to suspects but considered for eve ry personwho may be connected to a crime investigation or crime scene .

3 . Secure Evidence

In the early stages of an investigation , one of the most impo rtant sources of evidence will be the identificationof witnesses .Likely sources :

Once potential witnesses have been identified , attending officers must record the initialdescription /accounts/discrepancies and details of persons at the scene , including their clothing and physicaldescriptions .

of 68

file ://C ADocuments and Settings \c050125 \Local Settings\Temporary Internet Files\OLK23D\Primary Investigation of C rime Standard 0 . . . 05/05 /2010

• Residents in the immediate nearby area ;Passers-by ;Tradesmen ;Family/associates of victim or suspect ; and

• CCTV

MPS FOIA Disclosu

re


The decision as to whether to obtain an immediate full written statement from a victim/witness must be madeaccording to the circumstances. Factors that will determine whether such a statement is taken include thefuture availability and co-operation of a victim/witness, the age of a victim/witness and the mental state of avictim/witness . A statement should be taken at the earliest opportunity if a delay in doing so may bedetrimental to the quality of potential evidence offered by the victim/witness .

Significant Witnesses

The MPS policy on interviews with significant witnesses is set out in the Interviewing Policy

Dealing with ExhibitsThe preservation and packaging of exhibits is covered in Part 2 of this SOP .

MedicationDetails of medication that the victim either had in their possession or were known to take should be noted forthe information of the coroner and the Forensic Science Service (FSS) . Any medication found at or near thescene should be seized and retained in line with MPS policy until the investigation is concluded .

4 . Identify Victim

Every effort should be made to identify the victim . Usually the initial investigation should be restricted to

of 68


losure


questioning persons present .

Do not, at this stage, be tempted to search the victim's clothing or move, search or otherwise disturb anythingat the scene for identification evidence . A record should be made of clothing being worn by a victim and theirphysical description . If the identification of the victim is unknown a search of missing person records must beundertaken .

Informing Next of KinThe important task of informing the next of kin must be undertaken with tact and sensitivity . Unless it is totallyimpractical to do so, a police officer in person should carry out this function . If practicable, this function shouldbe performed by the appointed Family Liaison Officer (FLO) if applicable .

Where the next of kin live in other pa rts of the United Kingdom , the local police service should be tasked toinform them . This task must not be delegated to other agencies , neighbours or other individuals .

5 . Identify Suspect(s )

The identification and early arrest of suspects must always be a priority . To avoid cross contamination,officers who have not attended the scene should be tasked to effect the arrest . If this is not possible becausethe offender is arrested at or leaving the scene, the fact that the officer has been at the scene should bedeclared to investigators as soon as practicable .

In certain circumstances the victim/witness should be asked to accompany police on a 'drive round ' to t ry andidentify the suspect . It is vitally impo rtant that the correct procedures as prescribed by PACE Code D . 3 . 1 toD3 .3 are followed .

The Police and Criminal Evidence Act (PACE) Codes of Practice (Code D 3 . 1) requires that a description of asuspect as first given by a potential witness MUST be recorded in a visible and legible form . This wouldnormally be recorded in officers ' pocket book or Evidence and Action Book (EAB) . In some cases the relevantCAD message may contain a record of such a description . Details of suspect(s) and /or prope rty stolen shouldbe circulated as soon as possible .

of 68


losure


Role of the Duty Office r

Duty Officers must be informed of all repo rts of serious violence immediately . They will :

. Be responsible for the supervision and management of a serious violence offence until it isformally handed over in a briefing to a detective officer .

Keep crime scene locations 'open' until they have been forensically examined and a detectiveofficer has authorised closure .

. Formally handover to a detective officer face-to-face unless operational demands prevent it .Supervision of Recorded Allegations of Serious Violenc e

The initial supervision requirements described within Part 1 of this SOP (supervision within 4 hours) applyhowever Serious Violence investigations will be subject to the following additional requirement s

A first review of the investigation must be conducted between 10 hours and 18 hours of the receipt of thereport. This should be conducted by a supervisory officer of at least the rank of Detective Sergeant and mustbe shown recorded on the CRIS 'DETS' page within 24 hours of that first report . The allegation should bebrought to the attention of the Senior Detective On Call .

OTHER ASSAULTS (NON SERIOUS VIOLENCE )

. Record Details of Injurie s

A full description of the victim's injuries should be recorded in the investigating officers EAB .

of 68


losure


• Consider Photographing Victim Using ICEFLO Procedure s

The early capture of evidence can be crucial to the successful outcome of an investigation . For thisreason consideration should be given to obtaining photographic evidence from a victim as soon aspossible . Full guidance of ICEFLO procedures are contained within Pa rt 14 of this SOP .

• Obtain Medical Consent Form from Victim at Earliest Opportunit y

Medical evidence can only be obtained with the consent of the victim . Form 172 provides this consentand should be completed as soon as possible where medical /hospital treatment is required .

. Deal Correctly With Domestic Assaults and Assaults Related To Hate Crim e

Full details relating to the investigation of domestic assaults are contained in the MPS DomesticViolence Policy .

The MPS Hate Crime Policy should be referred to in all cases where an assault is considered to berelated to an incident of Hate Crime .

INVESTIGATION OF ASSAULTS ON NATIONAL HEALTH SERVICE (NHS ) STAFF

A Memorandum of Understanding (MOU) has been drawn up between the NHS Security ManagementService and the Association of Chief Police Officers (ACPO) that deals , in pa rt, with assaults and incidentsthat take place on NHS staff or on NHS premises . Of pa rt icular relevance is the fact that the MOU providesfor a Local Security Management Specialist (LSMS) to exist within each health body . The LSMS will provide aSingle Point of Contact (SPOC) for police and will assist police where necessa ry in any investigations intoassaults on staff . The relevant LSMS should therefore be informed of such investigations .

of 68


losure


PART 4PRIMARY INVESTIGATION OF ROBBERYThe six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to allallegations of Robbery. The following additional actions, however, must also be considered . All details mustbe fully recorded on the CRIS record .

Ensure Correct Identification and Classification of Robbe ry Offence'A person is guilty of Robbery if he steals, and immediately before or at the time of doing so, and in order to

do so, he uses force on any person, or puts or seeks to put, any person in fear of being then and theresubjected to force. "

The Home Office Counting Rules (HOCR) state that :-"A crime of robbe ry should be recorded if there is use or threat of force in a theft from the person . Forexample , if the victim or a third party offers any resistance , or if anyone is assaulted in any way , then thisconstitutes force . Similarly , if a victim is under any impression from the offender 's words or actions that theoffender may use force , then this constitutes threat of force . "

Correctly Distinguish Between Robbe ry and Theft Person (Snatch )Where property is stolen from the physical possession of the victim and some degree of force is directed tothe property but there is evidence that no force was transferred to the victim (e .g . a bag is snatched from theshoulder of a victim or a phone is snatched from the hand) the allegation should be classified as a TheftPerson (Snatch) and not Robbery . Therefore, if a suspect quickly snatches a mobile phone from a victim'sgrasp without having to overcome some form of a) resistance, or b) transference of force to the victim via theproperty, the appropriate classification would be Theft Person (Snatch) .

of 68


losure


However, where the snatch develops beyond this point , due to the suspect having to overcome some form ofeven slight resistance by the victim , or the appropriate transference of force via the prope rty to the victim , theappropriate classification should be Robbe ry . In addition , any assault e . g ., the suspect 's fingernail scratchingthe victim's neck as the phone is taken from the hand , would amount to a Robbery .A victim subjected to rifling through their pockets by an offender , or being "asked " to turn out their pockets inorder to steal items , is a victim of a Robbe ry . Permission to a search in these circumstances brought about byfear at the time of the theft does not amount to consent . Similarly , where the actions of the suspect alonecause the victim to fear they may be subjected to force and gives up their prope rty because of that fear offorce , a Robbe ry would have occurred .

PART 5PRIMARY INVESTIGATION OF BURGLARY, DISTRACTION BURGLARY AND BOGUS PROPERTYWORK

BURGLARY

The six key areas and associated 'expected actions' contained within Pa rt 2 of this SOP apply to allallegations of Burgla ry . The following additional actions , however, must also be considered . All details mustbe fully recorded on the CRIS record with pa rticular attention to the CRIS NEW MAIN TAB page wheredetails of approach method , ent ry type and other impo rtant information is recorded .

In cases where primary investigations are conducted in line with 'Burglary Sole Response' procedures the

of 68


losure


'expected actions ' should , where practicable , be carried out by the Scene Examiner attending .

Always contact Scene Examiner Whilst Still at Scene

As stated in Pa rt 1 , a scene examiner should be contacted at the earliest oppo rtunity and whilst police are stillat the scene . This will enable immediate advice to be given .

DISTRACTION BURGLARY AND BOGUS PROPERTY WORK

of 68


losure


The six key areas and associated 'expected actions' contained within Pa rt 2 of this SOP apply to allallegations of Distraction Burgla ry . The following additional actions , however, must also be considered . Alldetails must be fully recorded on the CRIS record .

Distraction Burgla ry is a pa rticularly callous crime and bogus prope rty work , which is often regarded as a civilmatter , can be a fraud resulting in serious financial loss to those with little income . Both offences have asignificant impact on the fear of crime amongst vulnerable people including the elderly .

It should be noted that the policy of providing a forensic 'sole response' is not applicable to allegations ofDistraction Burglary . A forensic examination of the scene must, however, be a high priority .

Respond Appropriately to Incidents Involving Bogus Property Workers

Police will often receive complaints relating to incidents where a victim has been visited at home by personsoffering to complete work on their prope rty . In some cases work will have been unde rtaken , allegedly with thevictim 's consent . In cases of bogus prope rty work , the price will be exto rt ionately high in proportion to thework done . At face value it may appear that this type of incident is not a criminal matter and one for thevictim to pursue via civil remedy . Before reaching this conclusion , however , the following should beconsidered :

• In many cases money will have been paid but no work will have actually been done . As a result, FraudAct offence is likely to have been committed .

• If work has been done that does not serve the desired purpose then a Fraud Act offence may havebeen committed .

• Intelligence and research show that those involved in this type of activity are often also involved inDistraction Burglary offences .

• Victims who have paid for work in cash retrieved from within their homes often become repeat victimsas their details are passed on to other criminal gangs .

• On occasions where no substantive fraud offence is apparent there will often be offences committedunder Trading Standards type legislation . Two of these offences are detailed below .

1 . Consumer Protection (Cancellation of Contracts Concluded Away from Business Premises)Regulations 1987These regulations make it an offence to carry out work following an unsolicited visit or telephone callwhere the cost of the work exceeds £35 and where the trader has failed to serve the consumer with anotice advising them that they have the right to cancel the contract within 7 days .

of 68


losure


2 . Section 20 Consumer Protection Act 198 7It is an offence for a trader to mislead a consumer in relation to the price of goods or services .

This is pa rt icularly prevalent where bogus prope rty workers are concerned who will often quote a pricefor work and then demand a sum far in excess of the original quote .

The above are criminal offences and arrests can be made under s24 PACE . However, it is recommendedthat where such offences are suspected , advice should be sought from the Borough Trading StandardsDepartment . Therefore , sufficient details must be obtained from suspects for the purpose of proceeding bysummons .

of 68


losure


PART 6PRIMARY INVESTIGATION OF AUTO-CRIME OFFENCES AND SEIZURE OF MOTOR VEHICLES BEINGDRIVEN WITHOUT DRIVING LICENCE OR INSURANCE

AUTO CRIME OFFENCE SThe six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to allallegations of Auto-Crime offences . The following additional actions, however, must also be considered .

of 68


losure


All details must be fully recorded on the CRIS record .

• Ensure Correct Removal and/or Examination of Lost or Stolen Vehicle s

Lost or stolen motor vehicles must be dealt with in accordance with the MPS Standard OperatingProcedures for the Recove ry, Removal, Examination, Retention and Disposal of Vehicles .

SEIZURE OF MOTOR VEHICLES DRIVEN WITHOUT DRIVING LICENCE OR INSURANCE (OPERATIONRECLAIM )The Serious Organised Crime and Police Act 2005 added new Sections 165A and165B to the Road TrafficAct (RTA) 1988 which give police the power to seize a motor vehicle being driven not in accordance with adriving licence or without insurance .

The Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 as amendedformally bring these powers into force in July 2005 .

The legislation sets out ce rtain conditions to be satisfied by police before a vehicle can be seized and detailsthe procedures governing the retention and disposal of vehicles .

These powers will in time , have a major impact on removing a significant number of uninsured and

of 68


losure


unlicensed vehicles from the roads and ultimately denying the criminals the use of the road .

Power to seize

The power to seize will apply if any of the following conditions is satisfied : -

First condition

• A constable in uniform requires , under Section 164 RTA , a person to produce his licence and itscounterpa rt for examination ,

• The person fails to produce them , and• The constable has reasonable grounds for believing that a motor vehicle is or was being driven by the

person in contravention of Section 87(1) RTA .Second condition

• A constable in uniform requires , under Section 165 RTA , a person to produce evidence that a motorvehicle is not or was not being driven in contravention of Section 143 RTA , and

• The person fails to produce such evidence , and• The constable has reasonable grounds for believing that the vehicle is or was being so driven .

Third conditio n

• A constable in uniform requires, under Section 163 RTA, a person driving a motor vehicle to stop thevehicle ,

• The person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make suchlawful enquiries as he considers appropriate, an d

• The constable has reasonable grounds for believing that the vehicle is or was being driven incontravention of Section 87(1) or 143 RTA .

Where any of the above conditions are satisfied , a constable may : -

. Seize the vehicle and remove it ;

. Enter any premises (other than a private dwelling house) on which he has reasonable grounds forbelieving the vehicle to be ; N.B. 'private dwelling house" does not include any garage or other structureoccupied with the dwelling house , or any land appurtenant to the dwelling house.

. Use reasonable force , if necessary ;

. We have no power to forcibly remove the ignition keys from the driver if they refuse to hand them overthe vehicle will be removed on a recove ry truck .

of 68


losure


If in plain clothes the officer Can Not seize a vehicle . There is nothing to stop them from making all the necessaryenquiries and then requesting a uniformed colleague attend and seize the vehicle. The original officer must providethe evidence for the original offence the uniformed officer is responsible for completion of the seizure paperwork.

Before seizing the motor vehicle , the constable must warn the person by whom it appears that thevehicle is or was being driven in contravention of Section 87(1) or 143 RTA that he will seize it-

. In a Section 87(1) RTA case , if the person does not produce his licence and counterpa rt immediately ;• In a Section 143 RTA case , if the person does not provide him immediately with evidence that th e

vehicle is not or was not being driven in contravention of that section .However, the constable is not required to give such a warning if the circumstances make it impracticable forhim to do so .

. If the constable is unable to seize the vehicle immediately because the person driving the vehicle hasfailed to stop as requested or has driven off , he may seize it at any time within the period of 24 hoursbeginning with the time at which the condition in question is first satisfied .

Authorisation

All uniformed officers in the ordina ry course of their duties can use this power , providing they have receivedthe relevant training . There is no additional reauirement to seek authorisation before the vehicle is seized .

Application/Protoco l

The aim of these powers is the removal of vehicles from the road where the driver is uninsured or driving notin accordance with a licence , not as a punishment for the driver. Consideration must be given to the humanrights implications of seizing a vehicle and the duty of care that may arise to persons left without alternativetranspo rt facilities in pa rt icular people who are vulnerable or disabled must be considered . Application of thepowers must be measured and propo rt ionate .

The legislation is intended to deal with the persistent uninsured and unlicensed driver . For the more technicaloffences offenders should be repo rted in the usual way .

of 68


losure


Examples of technical offences are :

1 . Driving a business vehicle on SDP insurance .

2 . Modifying a vehicle and not informing the insurance company .

3 . No L-plates (section 87 RTA 88)

This list is by no means exhaustive .

Where a technical offence is identified the vehicle may still be seized providing :

1 . The driver is identified as a Prolific and Priority Offender (PPO )

2 . The officer(s) concerned are engaged on a tasking initiative where the technical offence plays a keyrole .

3 . The vehicle has been issued with a prohibition (PG9) preventing it from being driven on the road .The power to seize a mini-cab for a technical offence i. e. Social Domestic and Pleasure insurance whilstplying for hire , is only given to C017 cabs office . This is due to C017 maintaining control of the database ofpersistent and high-risk offenders .

Officers do not seize vehicles that are being driven by a person with the status of diplomatic immunity .

The overriding principle that must be adopted is that if there is any doubt as to whether the driverdoes or does not have insurance or a valid driving licence the vehicle should not be seized . This doesnot necessarily preclude the issuing of a FPN .

The power to drive vehicles into Police Pounds is only given to officers who hold the Commissioners authorityto examine vehicles under S .67/69 RTA 1988 and S .7 (1) Road Traffic (Foreign Vehicles) Act 1972 . Beforedriving the vehicles to the pound they must first have satisfied themselves that the vehicle is safe to bedriven . If a vehicle is prohibited from being driven (PG9 'd) it must not , unless a variation is given be driven tothe pound .

of 68


losure


If a vehicle is driven to a pound the officer delivering the vehicle must make it quite clear to the receivingpound officer that the vehicle has been PG9'd and the type of recovery required to facilitate the vehicle'srelease from the pound .

Serious consideration must be given before such a vehicle is driven as the vehicle will not be released , fromthe pound , to the general public unless it is by means of a recove ry truck .

If a vehicle is to be driven to the pounds a form 955B must be completed before it is moved and handed topound staff upon arrival . The form must be completed by the officer seizing before it arrives at the pound notonce it has arrived . The reason for this is that it is an expectation that the condition of the vehicle is agreedwith the driver at the time of seizure .

Where a driver has no insurance or driving licence but a passenger in the same vehicle can provide validdocumentation then that passenger will be permitted to move the vehicle . The offending driver should beprocessed for all offences in the usual manner.

All strategic liaisons with the Motor Insurers Bureau must take place through MPS single point of contact, TPOperation Reclaim .

Community Reassurance

Borough Single Point of Contacts (SPOCs) will be responsible for maintaining a link with their communitiesand identifying any positive or negative impacts it may have on any group within that community .

Seizing a vehicl e

The Regulations require that a Constable on seizing a vehicle is responsible for giving a Seizure Notice (form3708) to the driver unless the circumstances make it impracticable for them to do so . The completed noticemust be given to the driver . A copy of the Seizure Notice (top copy) must also accompany the vehicle to thecar pound .

The officer completing the notice must fill out all relevant boxes on the seizure notice at the time .

Immediately a vehicle is seized it is imperative that the officer seizing ensures that a PNC ent ry relating to thevehicles seizure is completed . This should be recorded as a Police Interest Repo rt . This is to ensure that thevehicle is easily traceable .

of 68


losure


Once a vehicle has been seized it must not be taken to a Police Station/Traffic Garage . It must either bedriven or recovered immediately to the relevant vehicle pound .

Documentation / Evidence

Where a driver is unable to produce insurance or driving licence or it is unclear whether such documentationexists, the DVLA and or Motor Insurance Database (MID) must be searched before seizure .

If a record is not found on the database it must not be automatically assumed that the driver does not holdcorrect documentation . Appropriate questioning of the driver and other investigative options must take placebefore seizure is considered .

For example it is possible a driver may have 3 1d party cover on his policy which allows him to drive any othervehicle with the owners permission , this would not be apparent from a PNC/MIB check . As standard practicethe driver should always be asked if they have insurance on any policy that allows them to drive the vehicle inquestion . Their response should be noted . There is also a slight delay between purchasing a policy and itappearing on the PNC (up to 7 days) .

Offences should be dealt with by way of fixed penalty notice or process repo rt and submitted to the TrafficCriminal Justice Unit at Marlowe House (C016) in the usual manner .

Process repo rts should be considered as a last reso rt and our prima ry aim should be to issue FPN(s) for therelevant offences .

It is the responsibility of the Borough SPOC to implement a robust system whereby all processreports/FPN(s) reach the Traffic CJU within 14 days of the date of issue .

Removing a vehicle

To organise a recove ry for a seized vehicle the officer needs to contact Met Call and ask for an "OperationReclaim "recove ry . Met Call then contact Garage Desk and Garage desk assign a recove ry truck .

of 68


losure


The Vehicle Removal and Examination Service (VRES) are responsible for removing all vehicles that havebeen seized . The seizing officer should stay with the motor vehicle pending the arrival of a vehicle removalunit . The vehicle must be secured and positioned where it does not cause obstruction or congestion . Thekeys/alarm and immobiliser fob of the vehicle must not be retained by the officer but handed to the driver ofthe removal truck against a pocket-book receipt . If there are any other keys attached to the ignition keyplease remove these and hand them back to the driver .

The driver of the recove ry truck will be responsible for recording any damage on form 955B before removingthe vehicle from the scene .

See above for responsibilities if driven in by Police .

The driver/registered keeper/owner must be allowed reasonable opportunity to remove and retain all personalproperty from the vehicle prior to removal by the authorised person .

Officers must record the property that the driver removes and/or leaves in the vehicle on the reverse of theseizure notice . Officers should ask the driver/registered keeper/owner to sign the property recorded ascorrect .

If nothing of value is left in the vehicle officers should record this fact on the reverse of the seizure notice andagain ask the driver to sign it .

Seizure Pro-forma

Appeals against seizure

If a member of the public indicates they wish to appeal against the seizure they must be informed that we canonly accept appeals that are made in writing . This is to ensure a robust audit trail and quality assuranceprocess can take place . If a member of the public wishes to make an appeal the vehicle should not bereleased until payment of the outstanding fees have been se ttled .

of 68


losure


Should the appeal be successful fees will be returned in full .

All appeals against the seizure of the vehicle must be sent to, VRES, 7th floor, Empress State Building, LillieRoad, Earls Court SW6 1 TR .

Any appeal against the seizure must be received in writing within 14 days from the date of seizure . Allappeals will be resolved within 10 working days .

Operation Reclaim will deal with all appeals relating to the incorrect seizure of vehicles .

All other matters relating to the seizure including damage and loss of prope rty will be dealt with by VRES .

Where appeals received by VRES appear to indicate that the appellant also wishes to complain about theconduct of a police officer , such complaints should be sent in the first instance to the DPS Customer ServiceCentre at Jubilee House .

When the record of complaint is received by the DPS the record will be flagged in both the situation field andallegation summary field as "Vehicle Seizure" and "QQReclaim" respectively .

PART 7INVESTIGATION OF CHEQUE , PLASTIC CARD AND REMOTE BANK ACCOUNT FRAU DChanges introduced following implementation of the Fraud Act 2006 together with amendments to the HomeOffice Counting Rules (HOCR) mean that, in most cases, the primary investigation of cheque and credit cardfraud will not routinely be carried out on borough . Financial Institutions will encourage customers (bothpersonal and business) to report cheque, plastic card or online bank account fraud directly to them and notthe police in the first instance . Fraud reported to the financial institution, should then only be reported topolice if they are satisfied that there is a reasonable chance of a suspect being brought to justice throughpolice investigation or if it is suspected that an allegation is false .

Offenders detained whilst commi tting offences will be dealt with as though repo rted to police by the financialinstitution concerned .

MPS Single Point of Contact (SPOC)

of 68


losure


An MPS (SPOC) will receive allegations of fraud direct from the financial institution concerned and will liaisein order to asce rtain if a potential lead exists , The crime will be allocated to the relevant borough who willcomplete a prima ry investigation as necessa ry and for a seconda ry investigation to be carried out .

The primacy for such investigations will be established using the HOCR Fraud Venue Flowcha rt .

Where financial institutions attempt to report Cheque , Plastic Card and Remote Bank Account fraud toboroughs directly they should be dealt with in accordance with NCRS rules but advised that in future theyshould contact the MPS SPOC directly .

Account Holders Reporting to Police In First Instance

Account holders attempting to repo rt cheque , plastic card or online bank account fraud offences to police inthe first instance will be asked if they have been specifically told to do so by their financial institution . If theyhave not they will be told to contact their financial institution who will deal with the account holder . It isnecessa ry to record a Crime Related Incident (CRI) at this point .• If the report is being made to police in person at a police station the CRI should be recorded on the CRIS .• If the report is being made by telephone then the CRI should be recorded on the CAD system .In either case the CAD/CRIB reference should be given to the account holder for the information of thefinancial institution concerned .

Account Holders Referred to Police by Financial Institution

If the financial institution wishes an account holder to repo rt the crime to the police direct , the financialinstitution will give the account holder a reference number to give to the police - either in the form of a letteror verbally . In this case , the account holder will be asked to repo rt it to their local police station . A CRI mustbe recorded . Financial institutions will not routinely refer account holders to police but may do so if it issuspected that the allegation may be false . Care should therefore be taken when dealing with suchallegations and reasons for the referral should , where possible , be established . In these circumstances theCRI should be recorded on the CRIB . If the repo rt is being made by telephone then the matter must bereferred to the TIB for investigation and the creation of a CRI on the CRI B

Minimum Data Standards for the Creation of CRI's

of 68


losure


The National Standards for Incident Recording (NSIR) require a minimum amount of information to berecorded when registering a CRI . The information required is as follows and must be shown on the relevantCAD/CRIB repo rt .

Minimum Data Requirementa) Time and date when report received , and method of repo rting , e . g . via telephone , front office , direct report

to an officer or by any other means .b) Time and date when repo rt recordedc) Incident Unique Reference Numbe rd) Details of Informant (name , contact address , and telephone number) and status i . e .

• Victim (mayor may not be an eye witness) ; or• Witness (present at some incident and able to give evidence /confirmation .• Other Agency (a person representing a depa rtment or body providing a specific service e .g . a person

from Social Services repo rt ing an incident in their official capacity) .Staff on DutyThird Party (a person who falls outside of the categories above e .g . a person repo rting something onbehalf of a friend .

Additional Data Requirement for Fraud Repo rtsa) Details of financial institution concernedb) Account/Card number if know nc) Reference number from financial institution if they have referred account holder to police .

Theft of Card / Chequebook and Fraudulent Usag e

Where an allegation is made that a card/chequebook has been stolen and there has been subsequentfraudulent usage the theft must be investigated in the normal way and a CRIB recorded . There is no need tocreate a separate record for the fraudulent usage however the details must be recorded on the CRIB relatingto the theft ensuring that the minimum data requirements described above are complied with . The accountholder should then be referred to their financial institution who will deal with the fraud .

Loss of Card / Chequebook and Fraudulent Usag e

Where an allegation is made that a card / chequebook has been lost and subsequently used a CRIB must berecorded for theft of the card / chequebook. This is because the usage amounts to an appropriation as

of 68


losure


defined in the Theft Act and therefore , on the balance of probabilities , a crime has been committed . Details ofthe fraudulent usage should be recorded on the same CRIS and the account holder referred to the financialinstitution concerned who will deal with the fraud .

Allegation of Fraud where Supplier of Goods /Se rv ices is Victim

In ce rtain circumstances the supplier of goods/services may find themselves to be the victim of cheque /plastic card fraud . This would occur , for example , where goods have been ordered , despatched and paid forby credit card and it has subsequently transpired that the card was fraudulently used . If the financialinstitution concerned were to , for any reason , withhold payment to the supplier then the supplier wouldbecome the victim . In these circumstances a CRIS must be recorded and an investigation carried out .Primacy for such investigations will be rest with the BOCU on which the delive ry address for the goods issituated .

Suspects Presenting Stolen Cheques /Credit Cards

Where a suspect is obtaining goods by false representation (as defined within the Fraud Act 2006) thenpolice should still arrest if the arrest conditions are fulfilled .If offenders are arrested by police or police assistance is requested and the offender " is committing " or has"recently committed " at the time of the call , then the incident will be dealt with as though repo rted to police bythe financial institution concerned and a crime CRIS repo rt will therefore be created . It is envisaged that arequest for police assistance will normally be from a retailer where a suspect is present tendering a stolencard or cheque . If the suspect has left prior to police arrival , a CRIS ent ry must still be completed .

Actionable Intelligence Requiring Immediate Police Respons e

It is possible that members of the public will contact police with intelligence relating to fraud that requiresimmediate action . This may take the form of identifying addresses where goods obtained by fraud haverecently been delivered . There should be reasonable grounds to suspect the goods or suspects are stillpresent . Where such grounds exist , and immediate action is required by police to arrest offenders or preven tthe loss of evidence , resources should be deployed .Where , however, a member of the public has contacted police with information outside a reasonable timeframe and there are no grounds to believe that suspects or prope rty would still be at the venue then a CRIshould be completed in accordance with NSIR and NCRS rules .

of 68


losure


PART 8PRIMARY INVESTIGATION OF MAKING OFF WITHOUT PAYMENT AT PETROL STATION SThe primary investigation into allegations of Making Off Without Payment at Petrol Stations will generally beconducted by TIBs on receipt of Form 646 from the petrol retailer. Full details of this procedure can be foundin the MPS Crime Management Policy and associated TIB SO P

PART 9PRIMARY INVESTIGATION OF OFFENCES RELATING TO COUNTERFEIT CURRENCY

The six key areas and associated 'expected actions' apply to investigations relating to counterfeit currenc y

Identifying Counterfeit Currency

Counterfeit currency includes both notes and coins . Genuine notes contain easily identifiable features :

. Clear printing with no blurred edge s

. A silver thread embedded in the paper (not painted on the surface) . This should be visible as acontinuous line when held up to the light and a series of dashes on the reverse when held flat .

. Newer notes should feel crisp . Raised printing can be felt giving a slightly rough feel to the paper .

. Watermark should be clear and visible only when held up to the light - portrait of HM Queen ElizabethII .

. New series notes have a foil hologram alternating between number on the note (e . g . 20) and a brightlycoloured Britannia as the angle is changed .

. Under a magnifying glass tiny writing can be seen under the Queen 's head .

. Under ultra violet light a multi-coloured number (the value of the note) is visible in the lower left po rt ionof the note .

Seizure By Police

When seized by police, counterfeit notes should not be marked in any way, such as writing 'COUNTERFEIT'on them. There are two reasons for this :

1 . If the note becomes an exhibit , there is a danger of it being ruled inadmissible , as it has been altered .

of 68


losure


2 . Secondly , it also makes it difficult to restore currency that is found to be genuine after examination .Currency should be sealed in police evidence bags , with the attached exhibit label completed . The labelmust show the total amount in the bag , together with a breakdown of the individual denominations . The bagmust be signed , with a clear exhibit number .

Form NC01 and NC02

Form NC01 (Counterfeit Currency Repo rt) will generally accompany all submissions of counterfeit currencyto the Serious and Organised Crime Agency (SOCA) . It should be used to supply details of all policeinvestigations , together with details of persons arrested or suspected and currency seized . Form NC02(Counterfeit Currency Schedule) is a continuation of the NC01 , and should be used where there are anumber of different denomination and different serial number notes which need recording .

Forms NC01 and NC02 are self-carbonating to produce four identical copies . They should be completed inblack ink in neat manuscript . The top three copies (white/green/pink) go with the currency to SOCA . Theyellow copy remains in the Prope rty Office in the Counterfeit Currency Repo rt Binder.

The green copy (Official Receipt) will be returned to the Property Office acknowledging receipt of the currencyat SOCA . The return of the green copy with a 'SOCA use only' number will indicate that the currency was infact counterfeit . Genuine currency will be returned to the Prope rty Office with a covering letter . The greencopy should be retained with the yellow copies in the above binder .

Prope rty officers should ensure that submissions are made to SOCA as soon as possible and should not waituntil several items have accumulated before sending .

Evidence of Criminal Intent .

The prima ry investigation must establish whether there is evidence of criminal intent accompanying thecircumstances involving counterfeit currency . These circumstances can include the following :

• More than one item of counterfeit currency tendered on a single occasion by the same suspect• A single suspect has uttered several items of counterfeit currency at different location s• The suspicious behaviour of the person tendering the currenc y

Where such circumstances exist a CRIS record must be completed .

of 68


losure


Suspect Present

Where the suspect is still present and criminal intent is suspected , arrest under S24 Police and CriminalEvidence Act 1986 should be considered . Any arrests must be repo rted to the SOCA UK Central Office assoon as possible and in any case within 48 hours . This should be done by telephone or fax (T 0207 2388017 /8004 ; F 0207 238 8049) . The following information is required :

• Name of force and station ;• Force PNC code ;• Full details of persons involved including PNC ID no . ;• Date and location of incident ;• Full details of currency ; and• Officer in the Case with contact number .

Where a suspect is arrested the seizure of the counterfeit currency should be documented on the CustodyRecord and Prope rty Transit Book 105 . It will then enter the jurisdiction of the Property Office , who will submitit to SOCA . Form NC01 should be completed with as much detail as possible and attached to the currency .Where a statement proving that the exhibits are counterfeit is required this should be requested on the form .Statements for the Bank of England , US Dollar and Euro notes will take approximately two weeks fromreceipt at SOCA . Scottish notes will take approximately five weeks .

If the exhibits are required for fingerprinting this should also be indicated on the form , as well as on the exhibitbags themselves using warning tape available from Crime Scene Examiners . The actual examination has tobe arranged via MPS resources and must be unde rtaken after the SOCA submission . The exhibits andstatement will be sent to the officer shown on the NC01 via recorded delive ry by the Bank of England , or viaSOCA for other notes .

Where the suspect has left the scene , the currency should be recorded in the Book 66 as property involved in crime .

Where the investigation involves the discove ry of premises used for counterfeiting , or possession of equipment , SOCAshould be informed and advice sought .

Details of all action taken must be entered on the CRIS record .

Circumstances of Innocent Possession

of 68


losure


Many persons who pass counterfeit currency will be ignorant of the fact , and do so in innocence . Enquiriesshould be made to trace , so far as possible , the source of the counterfeit .

Where the officer is satisfied there is no criminal intent on behalf of the person in possession of the currencythe matter must be recorded on CRIS as a Crime Related Incident .

An NC01 is still required showing when and where the currency was seized , listing the notes and providingas much detail as possible for future reference . The counterfeit currency must still be recorded in Book 66and Book 105 , so that a proper audit trail is created . The Prope rty Office will then be responsible forsubmitting the currency to SOCA .

Actions for Property Office r

The Prope rty Office is responsible for dealing with counterfeit currency via the usual prope rty control systems .It will enter the Prope rty Store either on a Custody Record or Book 66 . The Counterfeit Currency Repo rtBinder will be retained in the prope rty store .

Counterfeit currency will be treated as valuables and despatched on a weekly basis to SOCA .Genuine currency will be returned to the prope rty office of the Station Code shown on the NC01 , viarecorded delive ry . Where it is returned it should be booked in and the original officer e-mailed to arrangerestoration to the owner .

PART 1 0PRIMARY INVESTIGATION OF INCIDENTS INVOLVING FIR E

A Memorandum of Understanding (MOU) between the MPS and London Fire Brigade (LFB) was drawn up inJanuary 2003 and revised in May 2005 . This MOU set the following responsibilities in relation to theattendance and investigation of incidents of fire :

Police

Responsible for the prevention and detection of crime and report ing to the Coroner any death that resultsfrom fire . They are solely responsible for direction and control of any criminal investigations associated with a

of 68


losure


non-accidental fire . Access to the post-extinction fire scene shall be at the direction and discretion of the MPSSenior Investigating Officer .

Fire Brigade

Responsible for fire fighting and rescue operations at the fire scene . It is impo rtant that fire officers recogniseand record those phenomena which may indicate that the fire is not accidental in origin . These observationsmay significantly contribute to any subsequent investigation and /or court proceedings . It is , therefore ,extremely impo rtant that contemporaneous notes are made as soon as possible , preferably at the scene ofthe fire and made available to the police .

Definitions of a ' Fire ' and a 'Scene' .

For the purpose of this SOP a fire is any burning, combustion or flaming which results in injury to any personor animal or damage to property .

A scene is any place where a person or property is or has been on fire and includes public places and privatepremises .

Classification of Fires .

Fires may be classified into two categories , namely :Primary fires ; and

• Seconda ry fires .Prima ry fires are those involving :

• Fatalities ;• Casualties ;• Where the occupants have to evacuate or be rescued ; or

Damage to buildings , structures and other prope rty , e . g ., vehicles , storage plant and machine ry ;Fires where significant fire service resources are used .

An arrangement exists between the MPS and the LFB through which the Central Command Complex (CCC)is informed of all prima ry fires occurring within the MPS .

Secondary fires are those involving :• Derelict buildings , buildings under demolition and chimneys ;

Abandoned vehicles ; and

of 68


losure


• Outdoor fires involving refuse, refuse containers, grassland, gardens and fences .Priorities at the Scene of a Fire .

The overriding priority at the scene of a fire is the preservation of life and the prevention of inju ry . Thereafter ,priorities will be minimising the loss or damage to prope rty and where appropriate , the effective managementof a crime scene .

Specific Responsibilities of Duty Officers and Supervisors .

The responsibilities of the Duty Officer and supervisors include :• The Duty Officer must attend the scene of all prima ry fires that occur on their respective

operational command unit . A supervisor must attend the scene of seconda ry fires where the causeis undetermined ;

• The completion of an incident log and effective scene management ;Liaising with the Senior Fire Brigade Officer (SFBO) ;Ensuring witness details are recorded ; andEnsuring that scenes of fires of undetermined origin are forensically preserved , liaison is madewith the Senior Investigating Officer (SIO) and appropriate scientific support is called upon .

Duty Officers or supervisors , when deciding whether to a ttend rubbish fires , should give due regard to thecircumstances of the fire and if a decision is made not to attend then the LFB must be informed .

Also , if it can be shown that forensic examination of the scene would not be of any value then the Duty Officermay decide not to request the attendance of a scene examiner .

Initial Action at the Scene of a Fire .

Notwithstanding the duty to save life and the needs of any investigation , police should exercise great care atthe scene of a fire . Once the LFB arrive then the scene may only be accessed once it has been declared safeby the SFBO .

The LFB are responsible for extinguishing the fire and the SFBO is in sole charge of this operation . It isessential that the SFBO is able to extinguish the fire and prevent fu rther harm , loss or damage beforerelinquishing control of the scene .

Whilst the SFBO remains in control of the scene, the role of the MPS is to assist the LFB by facilitatingaccess for their vehicles and other emergency service personnel .

of 68


losure


Where inju ry has been caused to any person , next of kin should be informed in an appropriate manner .Consideration must be given to arranging welfare suppo rt from a suitable local (non MPS) welfare body .

Fires Involving Chemical s

Police should not approach the scene of fires involving chemicals , as some chemicals can prove lethal ifinhaled . The SFBO must be consulted and reference must be made to the Hazchem Card . Police should onlyaccess the scene once the LFB have declared it safe .

Fatal or Potentially Fatal Fires .

Such fire scenes must be attended by the Borough senior on-call CID officer (SIO) . The SIO will beresponsible for implementing the MPS major enqui ry procedure .

The SIO and Duty Officer should liaise closely to ensure the implementation of all necessa ry scene actionsare made without delay so as to minimise the loss of evidence .

A Crime Scene Manager (CSM) must be contacted via the Serious Crime Directorate_ and will liaise with the borough SIO as to whether there is a requirement to attend the scene . In allcases where the cause of the fire is suspicious or undetermined the CSM will attend . If loss of life is involved ,human remains must not be disturbed unless it is necessa ry to preserve life , extinguish the fire or pronounce

of 68


losure


life extinct . If it is necessa ry to move human remains , disturbance must be kept to a minimum .

Serious Non-Fatal Fires of Non -Accidental Origin .

For such fires the level of investigation required will be decided by the Crime Manager / On-call DetectiveInspector (if out of hours) . Forensic and scientific suppo rt will , as soon as practical , attend the scene of anyserious non-fatal fire repo rted to police as of non-accidental origin . Scenes must be preserved until the sceneexaminers and /or specialist forensic fire investigation suppo rt have completed their examination . Where dueto the intensity of the fire , the scene is so severely damaged that the LFB is unable to determine the cause orspread of the fire , the police ' repo rt ing officer ' must inform a SIO of at least the rank of Detective Inspector .

Other Non -Accidental Fires .

At such fire scenes , a scene examiner must be called to attend via local arrangements . They will liaise withthe LFB investigating officer and the LFB Fire Investigation Team (FIT) and ensure that the scene isforensically examined . Where necessa ry, the scene examiner will arrange for specialist forensic fireinvestigation suppo rt to attend the scene . The role of the LFB FIT is the investigation of the causes of fire andthe effects of fire generally , including those that are of non-accidental origin . Although not responsible forcrime scene examination , consideration should be given to including them when such examination isconducted . When dealing with car fires caused by arson , the scene examiner should be called to asce rtain ifan examination would be appropriate . In instances where the vehicle had been used to facilitate a seriouscrime , e . g ., armed robbery and is subsequently set on fire then the advice of the Borough Forensic Manager(BFM) or CSM should be sought with regards to arranging specialist forensic fire investigation suppo rt toattend the scene . Consideration should also be given to requesting specialist forensic fire investigationsuppo rt in instances of large loss (over £250 , 000) fires and fires of political /public interest .

Police Investigation .

The six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to non-accidental fire investigations . All details must be fully recorded on the CRIS record .

The nominated police 'Investigating Officer' (10) is responsible for the conduct of any investigation into anycrime suspected or identified in relation to the fire .

In all cases where the services of a Scene Examiner have been called , it is the responsibility of the SceneExaminer after consultation with 10 to decide whether to call specialist forensic fire investigation suppo rt . The

of 68


losure


investigation should involve consultation with the SFBO and Scene Examiner . Where a crime has beencommitted or suspected , 10 's must consider the advantages of evidence from an acknowledged expe rt .Where expert opinion is required , a forensic scientist should be consulted via a CSM , BFM or SceneExaminer . Action should also be taken to preserve the scene for subsequent examination for other forensicevidence .

Thorough liaison between police scene examiners and the LFB is essential during the course of the fireinvestigation and should include :

Informing the LFB of any relevant information required for recording purposes and any appropriateaction ;

• The oppo rtunity for a Senior Fire Officer to pa rt icipate in briefings and conferences held by the SIOwith the investigating team and other invited experts , especially in the case of a major investigation ;and

• A full exchange of relevant information between the police , fire brigade and other fire investigators .Investigating and Recording Fire Incidents .

The Duty Officer for the OCU on which a prima ry fire has occurred will be responsible for ensuring that thefire is correctly repo rted . However, on attending the scene in person and after making an assessment of thescene , the Duty Officer may decide to delegate this task to another officer . A CRIS record must be completedin all cases where a fire is believed to be non-accidental .

In seconda ry fire cases the first officer attending the scene will be responsible for investigating it .All fires will be repo rted in an Evidence & Actions Book (EAB) . In all non-accidental fires , police will beprovided with a LFB Liaison Form (FS/FIT/1) identifying units that a ttend the fire , times and actions .

On any occasion where police have not a ttended a non-accidental fire and the LFB have left the scene , theLFB will deliver the Form FS/FIT/1 to the relevant BOCU . In these circumstances the Duty Officer must beinformed and will be responsible for ensuring that the incident is investigated .

Investigating officers must ensure that the results of all enquiries relating to non-accidental fires are relayed tothe LFB by returning a copy of the Form FS/FIT/1 so that they can update their records .

Officers Exposed to Hazardous Substance s

Officers exposed to a hazardous substance , whether or not inju ry is apparent , must inform their supervisingofficer so that the inju ry can be reported via the MetAir Repo rting System

of 68


losure


Packaging of Exhibits .

Invariably , the exhibits originating from fires will require specialised packaging therefore officers must consultScene Examiners immediately regarding the correct and timely packaging of the exhibits .

Welfare of Officers Involve d

Supervisors need to be aware that officers a ttending fires may experience trauma and should thereforeconsider implementing the MPS Post Incident Procedure .

PART 1 1PRIMARY INVESTIGATION OF CRIME INVOLVING FIREARM SFull details relating to the police response to incidents involving firearms can be found in the MPS Police UseOf Firearms Standing Operating Procedure .

Firearms coming into the possession of police must be recorded in accordance with the Standard OperatingProcedure for the Method of Recording the Seizure or Surrender of Firearm s

PART 1 2PRIMARY INVESTIGATION OF HATE CRIM EThe six key areas and associated 'expected actions' contained within Part 2 of this SOP apply to allallegations of Hate Crime . However, all such allegations will be investigated in accordance with the MPS HateCrime Policy

The MPS defines Hate Crime as ' Any incident that is perceived by the victim , or any other person , tobe racist , homophobic , transphobic or due to a person 's religion , belief, gender identity or disability' .

PART 1 3PRIMARY INVESTIGATION OF SEXUAL OFFENCES

of 68


losure


The six key areas and associated 'expected actions' contained within Pa rt 2 of this SOP apply to allallegations of sexual offences . However, allegations of Rape and Serious Sexual Assault will be investigatedin accordance with the MPS Policy for the Investigation of Rape and Serious Sexual Assault .

PART 1 4IMMEDIATE CAPTURE OF EVIDENCE FOR FRONT LINE OFFICERS (ICEF"The early capture of photographic evidence can be invaluable to any investigation and to this end ICEFLOcameras are available on all boroughs . Also, in some cases, the use of photographic images maybe a viablealternative to the seizure of property .

Use of ICEFLO Cameras

ICEFLO cameras are suitable for use for the following purposes :Photographing suspects under powers conferred by Section 64A Police and Criminal Evidence Act1984

• Photographing crime scenes , part icularly where a Photographic Officer is delayed or not required .It should be noted that all Scene Examiners are photographically trained and should therefore beconsulted prior to resort ing to using ICEFLO at crime scenes .

• Initial photographing of victims of assault . This should not prevent fu rther photographs being takenby a photographic officer .Photographing Road Traffic Accidents .Photographing motor vehicles involved in crim ePhotographing prope rty where this is seen as a viable alternative to seizure . (See Police andCriminal Act 1984 Codes of Practice , Code B 7 .5)

NB . The above list is not exhaustive .

ICEFLO cameras MUST NOT be used for the following purposes :Directed SurveillancePhotography relating to complaints against police (unless authorised by the Duty Officer who willbe responsible for determining the appropriateness of taking an immediate photograph havingregard to all relevant factors) .

Consent Issues

of 68


losure


When photographing suspects under Section 64A Police and Criminal Evidence Act 1984 the legalrequirements contained within the Act must be complied with .

The following principles apply to the photographing of victims :• Persons Over 18 - Consent of person only .

Persons Over 16 - Consent of person only unless there are learning difficulties or mental healthissues in which case the consent of a person with parental /carer responsibility should be sought .

• Young Person Under 16 - Consent of person with parental responsibility should be sought . If thisis refused the young person may be able to provide consent if they are deemed to be ' FraserCompetent' (see below) .

"Fraser Competency"

Persons under the age of 16 are able to consent to the taking of photographs providing they areconsidered to be "Fraser Competent" . This is defined as 'being competent to give valid consent to aparticular intervention if they have sufficient understanding and intelligence to enable them tounderstand fully what is proposed and are capable of expressing their own wishes. '

Recording Consen t

There is no requirement in law for consent to be in writing . However it is best practice to obtain writtenconsent . This should be noted in the officer's pocketbook , EAB or within an MG11 statement .

Action Following Taking of Photograph s

Once a photograph has been taken the person taking the photograph should :• Seal the photograph in a prope rty bag .• Exhibit the photograph .

Record the prope rty on either the Custody Record on in the Book 66 / Book 105Prepare an MG11 detailing the taking , exhibiting and storage of the photograph .

• Inform the Investigating Officer that such a photograph has been taken .• Record an entry on the relevant CRIS record if appropriate .

PART 1 5FALSE REPORTING OF CRIME

of 68


losure


MPS FALSE REPORTING PROCEDURE

Through examination and investigation it has been found that there has been a marked increase in thenumber of false allegations repo rted to the police .

Recording Allegations

Police officers must record all allegations of crime whether repo rted by a victim in person (in the street or atthe station) , over the phone , through a third pa rty reasonably assumed to be acting on behalf of the victim , orby a witness . Tactics documented in this section relate to the investigation of crime allegations , after theallegations have been recorded .

of 68


losure


The incident must be recorded at the point of first contact with police . Generally , the alleged crime will berecorded on CRIS , but some incidents may be dealt with solely on CAD (e . g . where the informant is a witnessand the victim cannot be found) . In both cases , the Crime Recording Decision Making Process (CRDMP)MUST be fully documented to provide an auditable trail .

The CRDMP will determine whether a crime has been commi tted and if so will result in a classified crimebeing confirmed on CRIS . This will be done at the earliest oppo rtunity and in any case within 72 hours of theincident first being logged by police . Any delay must be explained on the CRIS for audit purposes .

The CRDMP will confirm the allegation as a classified crime if , on the balance of probability :1 . the circumstances as repo rted amount to a crime defined by law (the Police will determine this ,

based on their knowledge of the law and counting rules) , AND2 . there is no credible evidence to the contra ry . (NCRS General Principle 2 )

It is envisaged that fu rther investigation should not delay the CRDMP , as a victim-focused approach shouldbe taken .

1 .

of 68


losure

Minimum Standards for the Primary Investigation of Crime of 68

file ://C :\Documents and Settings \c050125 \Local Settings\Temporary Internet Files\OLK23D\Primary Investigation of C rime Standard 0 . . . 05/05 /2010

Accurate Reportin gAll actions taken must be recorded and fully auditable . All suspected false allegation reports should be boughtto the attention of a Detective Inspector who will confirm the appropriateness of the investigation andMPS FOIA Disc

losure


classification in accordance with HOCR

PART 1 6POLICE LIAISON WITH ROYAL MAIL LETTER SECURITY (RMLS) AND OTHER PUBLIC POSTALSERVICES

A corporate approach to dealing with matters involving the Royal Mail (and other ' public postal services ') isdesirable , and from their perspective essential , as they have duties and responsibilities imposed by currentPostal Services legislation , i . e . The Postal Services Act 2000 , and Regulation of Investigato ry Powers Act(RIPA) 2000

The RMLS Help Desk is an Internal help line and not for members of the public to repo rt the non-delivery ofmail items . If members of the public wish to repo rt problems with their mail , their first point of contact shouldalways be Royal Mail Customer Services on 08457 740740 .

MPS personnel will inform the RMLS Help Desk of :

• Any cases where mail is systematically being stolen from letter boxes .• Arrests for offences of dishonest handling or fraudulent use of moneta ry documents believed stolen

when sent by post e . g . cheques .. Royal Mail employees or anyone else , arrested in circumstances that disclose offences against Royal

of 68


losure


Mail .Any offences involving Royal Mail premises or prope rty (e .g . burglary or robbe ry) or any offences whereRoyal Mail services are used to commit them (e . g . mail re-direction )Mail , which comes into police possession in circumstances , which suggest it , has been stolen , hidden orwilfully delayed (this may amount to an offence of Unlawful Interception of Communications under Pa rt1 Chapter 1 Section 1 of RIPA 2000) .

Obtaining 'communication' data from the Royal Mail (and other'public postal services') .

Part 1 Chapter 2 of the Regulation of Investigatory Powers Act 2000, which came into effect on 5th January2004 stipulates that organisations requiring communication data from 'public postal services' must requestthat information through a Single Point of Contact (SPOC) .

This service is provided for the MPS by the SCD11 and applications for data should be made on-line usingthe Telecommunications Intelligence Management System .

Any data/information received from the RMLS will be subject to normal Data Protection Act 1998responsibilities .

Reporting of Crime Declaration

[_~] I

False Reporting - Officer Guidance to Compliance with Home Office Counting Rules

*1

Responsibilities

Investigating Officers - Must comply with minimum standards

of 68


losure


Supervising Officers - Must ensure compliance by Investigating Officers

Crime Managers - Overall responsibility for crime investigatio n

Ownership - Territorial Policing Crime and Criminal Justice Strategic Committe e

Reviewing - Territorial Policing Emerald Policy Team

Additional Policies / SOPs / Documents

Policy Documents

. Minimum Standards for the Investigation of Crime Policy

. MPS Child Abuse Investigation Policy

. MPS policy on Dealing With Threats to Lif e

. MPS Investigative Interviewing Policy

. MPS Domestic Violence Policy

. MPS Hate Crime Policy

. MPS Policy for the Investigation of Rape and Serious Sexual AssaultStandard Operating Procedure s

. Standard Operating Procedures for the Seconda ry Investigation of Crime

. Working with Interpreters - Guidelines for MPS Personnel - Standing Operating Procedures

of 68


losure


. Domestic Violence Standard Operating Procedures

. MPS Standard Operating Procedures for the Recove ry, Removal, Examination, Retention and Disposa l

of Vehicles

. MPS Police Use Of Firearms Standing Operating Procedure

. Critical Incident Manua l

. Standard Operating Procedure for the Method of Recording the Seizure or Surrender of FirearmsOther Documents

. The Code of Practice for Victims of Crime

. London Homicide Manual

Contact Details

Enquiries about this SOP should be made to TP Emerald Policy Team on

of 68


losure