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Property handling, storage, retention and disposal

Overview

Introduction NOTE: The new Evidential Property policy is now live. Work is on-going to spilt Evidential and Lost and Found property. This policy is to only be used when only dealing with Lost and Found Property.

This procedure has been produced to ensure that we: • handle property professionally;• maintain the integrity of evidence;• critically review the retention of all property; and• where possible, reduce the bureaucratic burden on operational

police officers.

The document will be reviewed to take account of changes in legislation, procedures, technology and other factors.

The new cash handling policy has been agreed and can be accessed via this link.

If you have any amendments or additions, please contact the Director of Transport and Logistics.

Relevant legislation

Police Property Act 1897 Police Property Regulations 1997 - amends the Police (Property) Act 1897 and: • allows the Police Authority to retain unclaimed property to be used

for police purposes that previously had to be sold; and• sets out the procedure to be followed for any unclaimed property.

S.2 (2) and (3) of the Police Property Act 1897 allows for the disposalof property at any time in cases where the property is a perishableitem or its custody involves unreasonable expense or inconvenience.Proceeds from sale may be applied to the expenses of executing theregulations, and the police shall retain any remainder for a period ofone year.

Categories The procedure refers to all categories of property including: • lost and found items;• evidence recovered in and around crime scenes;• seized items; and• property where ownership is disputed.



Scope The procedure applies to police officers and property stores staff and, where appropriate, the following: • Police Community Support Officers;• district business managers;• help desk and enquiry desk staff;• Scenes of Crime Officers;• special constabulary;• Scientific Support Department staff; and• facilities officers.

Recording of property

All records of lost, found and connected property will be entered on the appropriate property management system.

In emergencies, when the property management system is unavailable, staff should use ‘Property’ books (Form 52) which are available at all stations. In these cases, all details recorded in the ‘Property’ book must be transferred to the property management system, as soon as it becomes operational, by the officer in case (OIC).

Responsibilities

District Commanders

You are responsible for: • the processes which safeguard property and its integrity. Including

responsibility for appropriately staffing the property store; and• allocating staff to investigate missing items of property.

Police officers You have overall responsibility for: • any property, especially identifiable property, you receive or seize;

and• maintaining the integrity of evidence by making sure it is:

1. packaged and labelled correctly;2. stored securely and safely;3. retained or dealt with as appropriate; and4. returned or disposed of properly.

You must:

No Responsibility 1 update the property management system and the crime

report if there are reasons why the property should be retained longer than the Criminal Procedures and Investigations Act 1996 (CPIA) guide periods and what the retention period should be;

2 inform the property officer of any changes;



3 where local systems are used to identify items of property ready for disposal, ensure that the property is returned, retained or disposed of as appropriate; and

4 apply by way of the Crown Prosecution Service (CPS) for court orders to dispose of property (e.g. forfeiture, disposal or confiscation orders).

District property officers

You are responsible for:

No Responsibility 1 the safe keeping and handling of all property delivered in

accordance with this procedure; 2 maintaining accurate records on the property management

system including up to date locations of property; 3 ensuring the OIC includes the crime reference number on

the property management system; 4 interrogating Force systems to determine the need for

retention; 5 making local arrangements to identify when property relating

to undetected offences can be returned, retained or disposed of;

6 operating a system to ensure property is returned or disposed of and doing this promptly;

7 providing management information for performance reviews; 8 banking cash wherever possible or, if not possible, ensuring

secure storage; 9 ensuring appropriate secure storage for drugs, firearms etc.;

and 10 operating a system of ‘chasers’ to prompt updates and

disposal of property. Once the date has been given for disposal there is no requirement to obtain further confirmation from the OIC.

Senior property officer

You are responsible for: • day to day supervision of property officers;• maintaining the appropriate records and administrative procedures to

allow the correct receipt, storage and disposal of property;• ensuring that all ‘missing’ property is investigated promptly and, in

cases where the property cannot be located, providing a report to theFacilities Officer and Professional Standards Department;

• ensuring that weekly audit checks are carried out on all dangerousand valuable items in storage; and

• dip sampling all other property on a regular basis to ensure correctrecords and procedures etc. are followed.

You must not dispose of property by any means other than those described in this procedure unless directed by, or with the express



permission of, a police officer of inspector rank or above or a facilities officer.



Facilities officers / nominated district inspectors


No Responsibility 1 the overall supervision of property stores and staff; 2 monitoring the storage of property proactively, with the

emphasis on disposal rather than retention; 3 ensuring that Force systems are constantly interrogated, to

determine the requirement for retention; 4 authorising the disposal of property; and 5 periodically checking disposals to ensure correct

procedures have been followed and supporting documentation is available.

Crime evaluator


No Responsibility 1 including details of property on crime reports where

appropriate; 2 when filing crime reports, checking whether the OIC has

made any recommendation for extended retention of property;

3 making local arrangements to ensure your property officer is aware when property relating to undetected offences can be returned or disposed of;

4 making sure crime reports are not closed until issues regarding property are resolved and a date for disposal can be set; and

5 re-evaluating the decision to return, retain or dispose of property if a crime is subsequently detected.

Packaging

Introduction Items entered on the property management system should be suitably packaged. Advice on this can be obtained from Scenes of Crime Officers or Scientific Support Department.

Examples of packaging property: • place banknotes in a money envelope.• put coins in a suitable bag.• place sharp instruments in knife tubes.• place hypodermic needles or syringes in an approved sharps

container.• put drugs in a self-seal drug bag.



• put live cannabis plants into brown paper bags.• package clothing, bedding and footwear in brown paper sacks. Items

stained with wet or dried body fluids present a health and safety riskand you should endorse the packaging with health hazard tape. Ifnecessary seek advice from the Force Occupational Health Safetyand Welfare Unit or a qualified health advisor.

Musts Every item of property, including forensic exhibits, must be endorsed with a property management system reference number, even when being sent to an outside agency for examination.

The exhibit label must be fully completed.

Property bags Each bag must have the property management system reference number on it.

Do not overfill property bags.

Bulky items Bulky items need not be bagged but make sure they are correctly labelled with the property management system reference number.

Exhibits

Labels West Yorkshire Police use a:

No Label 1 yellow Criminal Justice Act exhibit label for all items needing

forensic examination; 2 white form 308 (exhibit label) for all paper exhibits; and 3 Form 57 label on all other connected property with the

property management system reference number clearly endorsed.

Paper exhibits If paper documents are required for indented handwriting enhancement the OIC must ensure that the exhibit label is not written over the document and adds more indented writing.

Information required

Police officers must complete and attach an exhibit label if property is to be an exhibit. Make sure you complete the label fully and include:

Step Action 1 the property management system reference number;



2 crime number; 3 the offender’s name in full and date of birth; 4 officer’s name and collar number; 5 the address of the premises; 6 who found it (for continuity); and 7 where the item was seized (e.g. sofa in front lounge / outside

rear garden). NB The description of property must be exactly as entered on the property management system.

Storage The OIC should:

Step Action 1 give the exhibits direct to the property officer or, if out of

hours, put them in the overnight store; and 2 enter each exhibit on the property management system,

making sure that any further interferences with the property are also recorded.

Hazardous substances

Introduction We must ensure that hazardous substances are managed effectively to ensure the risks to persons who may come into contact with them are reduced to as low as reasonably practicable.

The following section is designed to encourage and maintain best practice in relation to the receipt, storage and disposal of hazardous substances that are brought into police premises.

They should be read in conjunction with the Force policy guidance on • Chemical Biological Radiological and Nuclear (CBRN) incidents; and• Hazardous substances.

Officer in case (OIC)

After the seizure or receipt of any samples or materials that may be hazardous and require storage prior to disposal, you, the OIC, are responsible for ensuring the material is:

Step Action 1 clearly labelled with the name of the substance; and 2 sufficiently packaged to prevent any escape.

Database of dangerous substances

Communication Rooms (have access to a computerised database (Chemdata) which provides details of dangerous substances.



This information system also contains details of the hazards involved and provides guidance on any action to be taken, including first aid.

Unidentified substances

The OIC must make immediate arrangements to have unidentified suspected hazardous substance specimens analysed. In some areas, local arrangements exist but they should also consider sending the material to the Forensic Science Service.

Further advice may be sought from Force Occupational Health, Safety and Welfare.

Unsealed containers

If unsealed containers are seized and there is any doubt as to whether the contents are not those described on the accompanying label, then the OIC must always arrange to have the substances analysed before storage or disposal.

CBRN substances

Substances recovered from any suspected Chemical Biological Radiological and Nuclear (CBRN) attack must not be taken to police premises without the prior authority of a CBRN Silver Commander.

If a CBRN incident is resolved without the need to appoint a Silver Commander, then the permission of the duty district superintendent must be sought.

Communications Operators

Communications Operators must ensure that the identity of the CBRN Silver Commander or duty district superintendent giving any such authority is recorded on the appropriate Force system.

Property officer

As a property officer, you must:

Step Action 1 store hazardous substances in appropriate approved

locations; 2 not store substances, especially liquids, above average

chest height or where doors, trolleys, etc. can strike them; 3 ensure you work carefully to avoid spills, splashes and

contamination of the working environment; 4 always wash your hands after handling containers; 5 must not eat or drink in the vicinity of where material is

stored; 6 always seek advice on the correct procedures for disposing

of waste material. In many cases, disposal ‘down the sink or drain’ will be inappropriate;



7 dispose of hazardous substances, including chemicals and solvents etc. safely and responsibly to prevent injury or contamination to: • those individuals undertaking the disposal;• other persons in the workplace; and• the public; and

8 seek further advice and guidance on hazardous substances and their disposal by contacting the Occupational Health, Safety and Welfare Unit.

Overnight stores and safes (temporary stores)

Definition and use

Overnight stores are storerooms or cupboards in police stations used for storing found property and evidential items prior to transportation to the permanent district property store. They are a TEMPORARY facility to hold property and not an overflow for the permanent store or a dumping ground for difficult items of property.

The overnight store can also be used to hold items required for court out of hours.

There are property stores and safes on each district and all property coming into the Force’s possession must be kept in them. Money and valuables should be deposited in a safe.

Continuity of evidence

When transferring property from an overnight store or a satellite location to a permanent store, the items need to be transferred to the new owner and shown in a location that identifies it as being in transit.

Every movement of the items needs to be accounted for. Failure to acknowledge whom is transferring the property and the time that property is in transit breaks the continuity of the evidence.

Responsibilities The person placing the item into the overnight store is responsible for booking it in on the property management system and ensuring it is safe and secure.

All items must be booked on the property management system.

District commanders are responsible for: • ensuring the district overnight store is secure and that suitable

arrangements are in place to control and limit access; and• identifying keyholders, who are responsible for adding and removing

items from the overnight store, to reduce the likelihood of itemsgoing missing.



Access should not be available to all staff.

Property officer

The property officer should be responsible for the management of overnight stores, which should be emptied on a daily basis. This includes:

No Responsibility 1 using the property system to identify items in the overnight

store which need to be transferred to the permanent store and vice versa, including satellite locations; and

2 identifying any items of property that are not present in the temporary store and making appropriate enquiries to locate any missing items.

Officer in case

The OIC is responsible for the movement of the property until it is accepted by a property officer into the permanent store. If wrongly labelled or incorrectly packaged the property will not be transferred and may ultimately be disposed of.

If the OIC does not have access to the overnight store, they are responsible for the property until they can pass it to a keyholder who does have access.

Removal and return

Should an item be removed from the overnight store prior to its transportation to the permanent district property store, the original property management system entry should be endorsed with details of the individual booking out, reason, location and date for audit purposes and continuity.

The officer or member of staff must sign the store register for all items that they are booking out from the overnight store and also when they book the items back in.

Scenes of Crime Officers

When SOCO return an item they have examined to the overnight store, they should: • endorse the original property management system entry in full; and• inform the OIC.

This will ensure a more expedient disposal especially if there is a negative result on fingerprints.

Permanent district property store

Receiving When you, a property officer, receive property from an out station, you



items will check and match the items against the property management system entry. You will examine the property bags and report any signs of tampering or discrepancy to a supervisor.

Acceptable If everything is in order, you will endorse the property management system to show the items have been placed in a permanent store, allocate a location and place items in the permanent store.

Not acceptable

You will not accept any property if:

Step Action 1 an entry has not been made on the property management

system; 2 the references on the property management system do not

correspond with those on the tags; 3 the property bag has not been sealed properly or correctly

labelled; 4 the property is not packaged correctly (bulky items don’t

need to be bagged but they must be correctly labelled with the property management system reference number); or

5 other necessary documentation is not attached, for example, in the case of firearms, a label is required to indicate it has been ‘proved’ by an Authorised Firearms Officer.

No computer entry

If there is no property management system entry for an item, you will: • return the property; or• contact the relevant officer at the station from which it was sent,

requesting an entry.

Query If there is a query, you will check with staff at the station from which it was sent, or where the overnight store is located.

Missing items If items are missing, you must endorse the property management system. If items are not accounted for, you will check with the relevant person at the overnight store location. If the item is still missing and initial enquiries have not located the property then you must report the loss to your facilities officer or nominated inspector. This is especially important in cases of items required as evidence, drugs, valuables, money, etc.

If the items are not recovered, disciplinary action may be taken involving Professional Standards department and district management.



Temporary removal

Any movement of property from the property store will be recorded on the property management system with details of the individual removing it, reason, location and date for audit purposes and continuity. The officer or member of staff receiving the property must sign for it.

You should obtain a receipt from the individual if they are taking firearms, drugs or cash.

Return When the property is returned to the store, you as the property officer, will update the property management system and generate a receipt if they are returning firearms, drugs or cash.

Security All stores need to be kept locked when not in use. Only the staff who work in the property store should have a key.

Spare keys must not be held in the help desk.

Storage of particular types of property

Alcohol and perishable goods

Alcohol and perishable goods should not be exposed to temperature extremes – especially tinned goods. Store any alcohol safely.

Perishable foodstuffs will not normally be retained in the property store. The OIC must return them to the owner or finder or have them destroyed. A facilities officer or inspector can authorise the disposal of such goods if a finder does not wish to keep them.

If perishable goods have to be retained, like foodstuffs (half eaten apple) for DNA (Deoxyribonucleic Acid) testing, they will be stored in an airtight container. This should be transported to the Forensic Science Service (FSS) as soon as possible after the completion of the MGFSS submission form.

Accelerants Accelerants should be stored in suitable containers in accordance with HSE guidelines. They must be stored outside because of the health and safety risks.

Cash boxes and ATM machines

Cash boxes should be booked into the property store in the normal way. Those which are primed with exploding dyes and have timer switches present a fire and or bomb hazard and must be stored outside until they are made safe.

Some ATM machines are fitted with dye spray. Care should be taken



in handling these machines.

Evidence related property (ERP)

Definition Many types of property relating to a crime come into the possession of the Force during the course of an investigation. This is property which is recorded on the property management system by the OIC and includes items which: • are the subject of a charge or summons;• have been obtained by means of a crime;• represent a security risk; or• are pending proceedings.

Generally, ERP property items:

No Type 1 are offensive weapons, dangerous or their possession is

illegal; 2 have been used to commit a crime; 3 are forged documents or counterfeit goods; 4 are required for forensic examination such as fibre samples,

shoe prints etc.; 5 are required as evidence and a photograph will not suffice;

or 6 have been stolen and are seized so that we can return them

to their owner.

Duties of OIC When booking property into the district property store as a consequence of a crime investigation, the OIC must:

Step Action 1 make an entry on the property management system; 2 enter details of the property, including the property

management system reference number, on the crime report on the appropriate Force system. NB Pay particular attention to forensic items as these are frequently overlooked and, as a result, remain in the property store far longer than necessary;

3 create a cross reference by entering the crime number on the property management system entry;

4 consider photographing property by: • using your BlackBerry camera;• downloading the image to the Hand-e-pix database;• making a link from Niche to the Hand-e-pix, andreturning the items to the rightful owners.



The policy guidance on the use of BlackBerry cameras can be accessed via this link; and

5 record on the crime report and on the property management system: • if there are reasons why property must be retained longer

than the guide periods, i.e. Force policy or compliance withCPIA; and

• what the retention period should be.

Checking items brought in

Property officers should scrutinise the quality of entries on the property management system. This ensures that property is correctly recorded.

Receiving items

The procedure for receiving, recording and storing ERP property is the same as for any property received into the permanent district property store.

After seven days

If, after seven days from the date the property was received in the store, the property officer has not received any instructions from the OIC, they will send a reminder to the OIC to ask if the property can be returned or disposed of.

Removal ERP property may be released with the approval of the OIC but must not be released from the store to anyone other than: • the OIC or, in their absence, property can be released to their

supervisor on receipt of a signature, which must be recorded; or• a West Yorkshire Police employee nominated by the OIC.

Items must not be released temporarily (e.g. for forensic examination or court) without prior authority from the OIC.

Court Demands to produce items at short notice impact on all other processes within the property store. Officers must notify the property store two working days in advance if the property is required for court. If they need to be available out of hours the items can be placed in the overnight store.

The OIC should complete the property management system, as and when necessary, to maintain continuity of the evidence.

Pawnbrokers Where an article has been placed in pawn or deposited as security for a consumer credit agreement and we ask the person holding the article to surrender it into our possession, the officer making the request should explain the circumstances and sign a receipt for any property removed.



The receipt should describe clearly the property removed and give their name, rank, number and station.

In the event of criminal proceedings being brought in these cases, the OIC will ensure that the pawnbroker or person who first accepted the article as a security is made aware of the place, date and time of the court hearing so that they may be represented.

If it is proposed to deal with the property under the Police (Property) Act 1897, the OIC will ensure that the pawnbroker and any other party concerned is informed of the proposal and any order subsequently made under the Act and their right to contest the order. If no order is made and it is proposed to dispose of the property under the Police (Disposal of Property) Regulations 1975, the OIC will notify all parties concerned.

Out of court disposals

Where an offender receives an instant out of court disposal and property has been seized, officers should obtain a disclaimer for the property if possible.

Any property seized as part of the enquiry should be entered on to the property management system if: • it is not returned or disposed of immediately after the out of court

disposal has been administered; and• it is not appropriate to photograph the item.

The OIC should clearly endorse the entry with reasons for retention.

Proceedings instigated

All property, which may be relevant, must be retained until a decision is taken whether to institute proceedings against a person for an offence.

Where an investigation results in proceedings being instigated, this property must be retained at least until the accused is:

No Case disposal 1 acquitted; 2 convicted; or 3 the prosecutor decides not to proceed with the case.

Conviction Where the accused is convicted, all property which may be relevant, must be retained at least until:

No Retention period 1 the convicted person is released from custody or discharged

from hospital in cases where the court imposes a custodial sentence or a hospital order; and



2 in all other cases resulting in a conviction, the minimum retention period is six months from the date of conviction.

Appeals Additionally, all property must be retained while:

No Action 1 any appeal is in progress until the appeal is determined; or 2 the Criminal Cases Review Commission considers an

application.

Seized and returned

Material need not be retained following conviction if it was seized and is to be returned to the owner.

When the property is returned to the owner, the OIC should obtain a receipt. Details of the receipt reference number should be put on the property management system.

Retention beyond two years

After a period of two years the facilities officer or nominated inspector must critically review the continued retention of the property. Unless absolutely necessary no property should be retained beyond two years.

For further guidance refer to Section 23 (1), Criminal Procedure and Investigations Act (CPIA) 1996 and the Code of Practice.

Recording decision making

When the property officer receives a response from the facilities officer or nominated inspector indicating that they should return, retain or dispose of the property (and by what method), the details must be recorded on the property management system.

Return or disposal

The property officer must not, without written authorisation from the OIC: • return property to the owner; or• dispose of property.

Unless the facilities officer or nominated inspector directs them to do this.

Returning where owner is known

Items can be safely returned to the owner providing the following conditions are met:

No Condition 1 the property is held as a result of Police and Criminal

Evidence Act 1984 (PACE) powers;



2 returning it does not contravene CPIA; 3 there is only one owner and no other claimants; 4 the property is no longer required by the police; and 5 a photograph or copy will suffice for evidential purposes.

Making arrangements

When property falling into the above categories is to be returned, and the owner is to collect it personally, the OIC must inform the property store in advance so arrangements may be made.

The property officer will record the relevant details on the property management system.

The OIC is responsible for returning items to the owner.

Notifying the owner

You, the property officer, must send:

No Condition 1 a letter to the owner’s address under Schedule 1, Part I, of

the Torts (Interference with Goods) Act 1977, informing the owner that the property can be collected.

The letter should contain sufficient information to give the owner the opportunity to claim the property such as: • a description of the property and its location; and• the times between which it is possible to collect it;

2 a disclaimer form (in case the owner does not want the property back); and

3 a prepaid envelope.

Return When returning property which has been in police possession, you must make sure they are the true finder and confirm their identity. If you are satisfied as to their right to make a claim, the property may be returned. You should:

Step Action 1 print a receipt from the property management system; 2 ask the person receiving the property to sign the receipt; 3 endorse the property entry with the type of identity used by

the claimant; and 4 file the police copy.

Disposal You can dispose of the property if: • the owner signs and returns a disclaimer; or• has not responded to the letter 28 days after the first letter.



Returning where owner is unknown

If the owner cannot be identified or it appears that reasonable enquiries would not trace the owner, we will keep the property in the property store for one year before disposing of it.

If keeping it involves unreasonable expense or inconvenience, we may dispose of it immediately and keep any proceeds of the disposal in our possession for one year.

In either case, if the owner claims the property after it has been disposed of, they are entitled to claim any proceeds, less a reasonable sum to cover the costs of the disposal.

Resolution of disputes

The crime manager will act as the arbiter if there are any disputes over the return, retention or disposal of the property.

Forfeiture orders

The OIC will authorise you to dispose of items which are subject to a forfeiture order or similar. If a forfeiture order is received at court, it should be passed to the district file manager.

If case material is subject to a court forfeiture order or similar, the order takes priority over the Criminal Procedure and Investigations Act 1996 requirement for material to be retained by the police.

File managers must place forfeiture orders in the relevant copy prosecution file and retain the file for two years or the length of the sentence whichever is the longer.

Retention of property in detected cases

Information The Codes of Practice to the CPIA require the police to retain all case material for: • at least six months after conviction; and• for the length of any custodial sentence imposed plus 1 year.

Retention of property in undetected cases

Introduction The CPIA 1996 states that material must be retained until a decision is taken whether to institute proceedings against a person for an offence. In detected cases this is relatively straightforward. Where an offence is undetected it is not always so easy.



General principles

The question that must be asked is: • “If this offence were detected today, would the public interest favour

prosecution of offender”• If the answer is ‘yes’ WYP must retain case material including

property.

Ideally, every case must be evaluated on its own merit to ensure all eventualities are considered.

Other factors to consider are: • Is there any evidence which provides potential for detection if an

offender is identified, for example, forensic or CCTV?• Is the offence linked to other more recent offences believed to have

been committed by the same offender?

Retention periods - indefinitely

Major crimes such as: • murder or attempted murder• manslaughter• other homicide offences• terrorism• stranger rape/indecent assault

Retention period - minimum of five years

Minimum of five years from the date of the decision to file the crime report. Serious offences such as: • abduction• kidnapping• serious wounding• robbery• aggravated burglary

Retention period - minimum of six months

Minimum of six months from the date of the decision to file the crime report. Serious consideration must be given to the disposal as opposed to the retention of the item from the date of the six months ends. Offences such as volume crime: • burglary• theft of and from motor vehicles• criminal damage• minor assault• crime reports written off as ‘No crime’

Lost property

Reporting Members of the public can report lost property:



online or by telephone

• at a police station (see below);• via an online facility sited on the Force website; or• by calling the Contact Centre/Force Call Bureau.

When reporting online, the process is as follows:

Step Action 1 the member of the public completes the lost property report

template located on the ‘Contact us’ page on the Force website;

2 the report is received electronically in the Contact Centre/Force Call Bureau mailbox;

3 checks are made of other Force systems to see if the item has been found;

4 the items are recorded on Niche; and 5 within 24 hours the member of the public is contacted by

their preferred method, i.e. sent a confirmation email or SMS / text message, containing the property reference number.

Reporting at a police station

When a report of lost property is received at a police station, the member of staff taking the report should:

Step Action 1 make an entry on the property management system and

search the found entries to establish if it has been found already;

2 check other appropriate Force systems to see if the item has been found;

3 provide a copy of the property management system receipt to the person reporting the loss; and

4 record all actions taken and the result on the property management system.

Reporting away from police station

Members of the public do not need to attend a police station to make a report of lost property. If you receive a report of lost property while you are away from the police station, you should:

Step Action 1 record the details in your pocket book and as soon as you

return to the station; 2 make an entry on the property management system and

search the found entries to establish if it has been found already;

3 check other appropriate Force systems to see if the item has been found;



4 provide the property reference number to the person reporting the loss or, if requested, send a property management system receipt by post; and

5 record all actions taken and the result on the property management system.

Lost firearms In the case of lost firearms, the OIC must ensure that PNC Cell and the Firearms Section in CJS Department Headquarters are informed.

Property officers

Property officers should:

Step Action 1 check the lost property reports each day when receiving

found property; 2 take any other reasonable steps by checking lost property

reports on appropriate Force systems; 3 if the property remains lost, periodically repeat checks on the

property management system for a period of 28 days;

Found property

Public transport

If a person reports that they have found property on public transport, they should be told to take the property to the fleet operator or hand it to a driver or conductor.

Right to keep Police officers, Police Community Support Officers, special constables and members of police staff have no right to keep or claim the property found during the course of duty.

PCSOs and police staff should either hand the property to a police officer or take it to a police station at the first opportunity and in any case before retiring from duty.

Police officers and special constables must enter the property on the property management system before retiring from duty.

Receiving at a police station

When found property is received at a police station, the member of staff must check appropriate Force systems. If a check shows the property may be the subject of a crime, a supplementary report should be added to the relevant Force system. This will automatically alert the Crime Evaluator in the owning district.

When accepting found property at a police station, you must:



Step Action 1 make an entry on the property management system showing

clearly that the property is found; 2 provide a copy of the property receipt with the reference

number to the finder and ascertain if the finder wishes to claim;

3 if they you should wish to claim it; allow them to keep the property unless

common sense dictates otherwise and endorse the property management system that the item has been retained by the finder.

do not wish to keep the item;

obtain a disclaimer.

4 search the property management system to establish if a lost report exists; and

5 make all reasonable enquiries to trace the owner using appropriate Force systems before: • packaging and labelling the property with the property

management system reference number for storage in theproperty store; and

• handing the property to the member of staff responsible forits safe custody.

Receiving away from police station

If you receive found property while you are away from the police station, you should:

Step Action 1 record the details in your pocket book. If you are handed

money, you should have the entry endorsed by the finder; 2 encourage the finder to keep the property unless it is a

category of property, e.g. money, which must be retained by the police or something they would not be allowed to keep (see list below);

3 record whether or not the finder wishes to claim the property and, if they don’t want it, obtain a disclaimer from the finder;

4 as soon as you return to the police station, make an entry on the property management system;

5 contact the finder with a property management system reference number and post them a receipt;

6 if you were sent to the incident, the Communications Operator may wish to make a note of this on Force systems; and

7 package and label the property with the property management system reference number for storage in the property store; and



8 hand the property to the member of staff responsible for its safe custody who will use appropriate Force systems to try and identify the owner and take any other reasonable steps to help return found property to the owner. For example, checking lost property reports on the Police National Computer (PNC).

Finder not allowed to keep

You must not allow a finder to keep property where the owner has been identified or it is something they should not be allowed to keep as follows: • War medals• HM Forces equipment• Confidential documents• Personal documents such as driving licences, passports etc• Property where continued possession by the finder would be

unlawful• Weapons• Drugs, medicines and poisons• Property of considerable value• Money• National Insurance and savings stamps• Postal orders• Gift vouchers• Mobile telephones

Receiving in district store

The procedure for receiving, recording and storing found property is the same as for any property.

Money Further information regarding this is contained in the Found money section of this document and can be accessed via this link.

Gift vouchers You should treat a gift voucher as ordinary found property, not as money, as stores will not usually give refunds on vouchers.

Mobile telephones

When recording a description of the mobile telephone on the property management system, you should include details of the telephone and SIM card serial numbers, which can be found inside the cover near the battery pack and try to identify the owner

Perishable goods

A facilities officer or inspector can decide to dispose of perishable goods if the owner cannot be identified, or it appears that reasonable enquiries would not trace the owner and the finder does not wish to keep them.



Any money received from selling perishable goods should be paid into district income.

Pedal cycles A member of the public who brings a found pedal cycle to the notice of the police can: • retain it, indemnifying the West Yorkshire Police against any further

claims;• hand it to the police stating a wish to claim it later; or• hand it to the police stating they don’t wish to claim it.

As a general rule, you should encourage the finder to retain it unless: • the true owner is already known;• the finder doesn’t wish to retain it; or• there is some special reason to the contrary (e.g. it is suspected as

being involved in a crime).

At the time of taking the initial report, you must: • physically examine the found pedal cycle for identification marks

such as a postcode irrespective of whether the pedal cycle is storedby us or kept by the finder;

• search the property management system; and• search other appropriate Force systems.

Stolen pedal cycle

If the found pedal cycle has been stolen, you should update crime report on appropriate Force system.

If the pedal cycle is linked to a crime scene and is required for examination, then the OIC must:

Step Action 1 as a minimum standard of packaging, cover the handgrips

and seat with plastic bags; 2 attach a property label to the pedal cycle with the property

management system reference number; and 3 store it inside the police station.

Unidentifiable If the owner cannot be identified, or it appears that reasonable enquiries would not trace the owner, you should place the found property in the property store as Unidentifiable Property.

Cancelling found reports

The OIC is responsible for: • cancelling found reports on the Police National Computer (PNC) by

notifying PNC Cell; and• requesting that a found marker (FOU) be placed against the item.

In the case of found firearms, the OIC must ensure that a notification is



sent to the Firearms Dept, Headquarters giving full details of the found items.

The full details of the procedure for circulating and cancelling reports of lost / stolen property on the PNC can be obtained from the PNC Cell.

Return of found property

Introduction As the property officer, you will check all found property on appropriate Force systems immediately before returning it.

If a check shows the property may be the subject of a crime, you must complete a supplementary report on the relevant system. This will alert the Crime Evaluator of the owning district. In these cases, you must not, without written authorisation from the OIC: • return property to the owner; or• dispose of property.

Notifying the owner

If you trace the owner, you must send:

No Condition 1 a letter to the owner’s address under Schedule 1, Part I, of

the Torts (Interference with Goods) Act 1977, informing the owner that the property can be collected.

The letter should contain sufficient information to give the owner the opportunity to claim the property such as: • a description of the property and its location; and• the times between which it is possible to collect it;

2 a disclaimer form (in case the owner does not want the property back); and

3 a prepaid envelope.

Return to owner

If you return property that has been in police possession, you must make sure they are the true owner and confirm their identity. If you are satisfied as to their right to make a claim, the property may be returned. You should:


the claimant;



4 give the person receiving the property a copy of the receipt; and

5 file the police copy with the other return to owner receipts in the property store..

Owner does not want the property

If they do not wish to claim the property, i.e. return the disclaimer, or do not respond within 28 days, you should endorse the property management system and you must return the item(s) to the finder.

Notifying the finder

You should send the finder a letter asking them to collect the property within 28 days with a disclaimer form (in case they do not want the property) and a prepaid envelope. If they do not wish to claim the property, i.e. return the disclaimer, or do not respond within 28 days, you should endorse the property management system and the item(s) may be disposed of.

When returning property to the finder which has been in police possession, you must make sure they are the true finder and confirm their identity. If you are satisfied as to their right to make a claim, the property may be returned. You should:


the claimant; 4 give the person receiving the property a copy of the receipt;

and 5 file the police copy.

Money Further information regarding this is contained in the Money section of this document and can be accessed via this link.

Gift vouchers If the owner is untraceable and the finder does not wish to claim it, you should ask the store for a refund and treat the money received as found money.

If the store will not give refunds on vouchers, hold the voucher as other found property, then either: • donate it to charity and you should record the details on the property

management system and obtain a receipt; or• destroy it if suitable charity cannot be identified.

More information on making charitable donations can be accessed via this link.



Mobile telephones

When you are returning the mobile to its owner, ensure the identity of the claimant is bona fide. Ask for proof of identity by way of a passport, driving licence or other acceptable means. You should obtain an accurate record of their details including an address and proof that the telephone belongs to them.

Perishable goods

The District Administration Unit must return to the finder any money, less any reasonable expenses, from the sale of perishable goods.

Pedal cycles The finder may claim the pedal cycle if no owner is found 28 days after it was found.

If Then the owner is identified; follow procedures for return to owner

(link to return to owner bookmark). the owner or finder has not claimed a pedal cycle 56 days after initial receipt;

• it can be disposed of by auction; or• destruction.

Unidentifiable property

You may return unclaimed unidentifiable property to the finder not less than 28 days after it was handed in if it is an item they would be allowed to keep.

You should follow this procedure.

Disposal The decision to dispose of items is delegated to the facilities officer or inspector.

Found British passports

British passports

British passports are the property of HM Government. To maintain the integrity of the passport system, the Identity and Passport Service at the Home Office has decided that those handed in to the police as found property or found by an officer or member of staff during the course of their duties, must normally be returned to the United Kingdom Passport Service (UKPS).

The holder will have to pay for a replacement passport to be issued.

Returning to UKPS and exceptions

Passports must be returned to UKPS if they have been outside their rightful holder’s control and officers or staff should not attempt to trace or return them except when:



No Exception 1 it has been mislaid or lost at a port, e.g. the rightful holder

carelessly left the passport at check in.

It may be returned to the holder, rather than delay or postpone their travel, if: • there are no indications that the passport has been used

fraudulently; and• the holder presents themselves to the police or airport

authority who have retained the passport for safe keeping.2 it has been left by the rightful holder at a place where you

are satisfied that it could not be fraudulently used, such as a post office, bank or shop. You should make enquiries to trace the holder and it may be returned to them if they present themselves to the police.

In either of the above cases, the passport can be retained for up to 24 hours before it is returned to UKPS in accordance with this guidance.

Making passport unusable

Before passports are returned to UKPS the top right corner of the front and back cover and the person details page, of the passport, should be cut off to physically cancel the passport and to make it less attractive or useful to criminals. The corner removed from the details page should cut across the machine readable code along the bottom to render the book useless.

Returning to UKPS

Found passports must be returned to the United Kingdom Passport Service (UKPS), PO Box 654, Peterborough PE1 1WP which will:

Step Action 1 record them as recovered and then destroy them; and 2 share lost and stolen passport data with other law

enforcement agencies such as Interpol.

Owner complains

If a member of the public feels aggrieved that we have cancelled their passport without taking action to trace them, they should be advised that: • their passport may have been in the hands of a third party and may

have been used to:1. further fraudulent activity, such as illegal entry to the UK; or2. obtain financial gain from the financial services sector.

This procedure is designed to help protect them from identity fraud and other related criminality and is therefore in their best interest.

Used as an exhibit

In cases where we require a British passport as an exhibit and retain it, we MUST complete a form R01 and forward it, in place of the



passport, to UKPS. (PLEASE NOTE that the postcode shown on the form R01 for UKPS is incorrect ).

Once passports we have used as exhibits are no longer required, we must return them to UKPS for recording and destruction.

Lost or stolen British passports

Introduction If an officer or member of staff receives a report from the public that their passport has been lost or stolen they should give them a form LS01.

If this is not possible, the person should: • be given the details of the website in order that they may report it on

line at http://www.passport.gov.uk; or• call the UKPS advice line

Police issue LS01

If an officer or member of staff issues a form LS01, it is helpful to the UKPS if a station stamp is printed onto the form to indicate the issuing station.

Lost There is no need to include the report of a lost passport in a lost property register or system. However, if it is later shown to have been used to commit a criminal offence, it would help UKPS if it can cross reference the crime with the location of the original report of the loss.

Stolen All reports of stolen passports MUST be recorded as a crime and referenced in accordance with the National Crime Recording Standards. You should give the genuine holder the crime reference number as they will need to quote this on their LS01 form.

Details of all stolen passports must be forwarded to UKPS to be recorded.

This information is then stored on UKPS records and is particularly useful to law enforcement agencies when they subsequently enquire about stolen passports used in the commission of a criminal offence. UKPS will be able to tell officers which Force recorded the theft and the associated crime reference number.

Replacement The holder will have to pay for a replacement passport to be issued.

Other passports, identity cards and travel documents

http://www.passport.gov.uk/



Introduction All foreign national passports we receive should be sent to the National Document Fraud Unit (NDFU) which is a district of the Immigration Service. NDFU guidance recommends that non UK passports, identity cards and other travel documents are retained for at least 24 hours before being sent to them. This will allow the loser to reclaim their document from the police in the period immediately after losing it.

Claimed If a foreign national has lost their passport/identity card and they attend a police station to claim it, the passport should be returned to the person providing that the documents appear genuine and have not been interfered with.

If there are any concerns that they may have been used for any criminal activities, you should consider contacting your local Identity and Passport Service office for guidance.

Unclaimed After 24 hours have elapsed, all unclaimed foreign national passports, identity cards and other travel documents should be sent by recorded delivery to NDFU

The corners of foreign documents, including identity cards, should not be cut off.

Used as an exhibit

In cases where we require a foreign national passport or an identity card as an exhibit and retain it, we MUST use a form R01 to supply details to NDFU.

Advice You can obtain advice on the fraudulent use of foreign national passports from one of the seven UKPS Regional Fraud and Intelligence Units, situated at the passport offices in Belfast, Durham, Glasgow, Liverpool, London, Newport and Peterborough.

Review by NDFU

NDFU will review receiving foreign passports, identity cards and other travel documents once quantities of returned items and resourcing requirements can be assessed.

You can get help regarding foreign national passports in a criminal enquiry from the Immigration and Nationality Department, on ext. 24168.

Firearms, ammunition and explosives



General safety rules

Never under any circumstances, point a firearm at anyone - even in jest.

Step Action

1 Do make sure you call out an Armed Response Vehicle at the earliest opportunity.

2 Do handle each item carefully, label it correctly and store it away as soon as possible.

3 Do not allow anyone to handle, examine or “play” with any firearm.

4 Do not touch any exposed hammers or triggers. 5 Do not handle ammunition, explosives or pyrotechnics unless

absolutely necessary. 6 Do make sure the item or items are bagged properly and

secured away out of reach. Further guidance on the recovery and handling of firearms and ammunition can be accessed via this link and explosives via this link.

Protective clothing

When dealing with firearms, ammunition and explosives, protective clothing must be worn and, in particular masks and gloves. This is: • for safety reasons, • to ensure forensic evidence is preserved and • to avoid contamination. The Firearms Support Unit is always available to assist and advise you. They will make weapons safe and advise on the safe handling and storage of any item of ammunition, explosive or pyrotechnic you may come into contact with. Further guidance on the recovery and handling of firearms and ammunition can be accessed via this link.

Storage Firearms and ammunition or pyrotechnics that are recovered,

surrendered or confiscated must be entered into the property management system before being stored. Property officers must not process a firearm unless the ‘made safe’ portion of the form 372A is attached. This: • will show that the firearm has been examined by an Authorised

Firearms officer and is free of live ammunition; and • must also include a property reference number. The firearm or ammunition will be immediately stored at the district property store in a secure cabinet, separate from other items of property.



Disposal If not required for forensic submission or evidence, the property officer

should send them to the Firearms Dept, HQ, for destruction at the earliest opportunity and attach a copy of the property entry to the item. The property officer will:

Step Action

1 identify a quantity of items for disposal; 2 contact the Firearms Dept, from Monday to Friday between

8.00 a.m. and 4.00 p.m.; 3 pass the items to the Firearms Dept on a mutually agreed

date for disposal through approved agencies at regular intervals.

Return to owner

We will not return a firearm to the owner unless they hold a valid firearms certificate or licence.

Money

Introduction This section on money relates to genuine bank notes or coins of any

currency. All references to ‘officer’ below will include any police staff whose role involves any element of money seizure and handling. Where money is known or suspected to be counterfeit, the counterfeit current force policy should be followed.

Taking possession of money

Money which officers take possession of as part of their duties must be treated in the same way as other items and entered into the property management system. However, there are certain financial aspects and responsibilities in relation to the receipt, storage, return, retention or disposal of money particularly when it relates to money which is found or seized. This section does not deal with: • fees for legal matters (e.g. pedlar’s certificates); • cash for monetary warrants; or • counterfeit currency.

Retention of money

Money can be retained by the police for various reasons such as: • being recovered stolen property;



• evidence of an offence; or • part of a Proceeds of Crime Act investigation or Found Property. If seized as part of an investigation, it will usually be seized under section 19 of PACE and retained under section 22 of PACE.

Responsibilities Where money is retained by the police it is the:

Responsibility of for the appropriate • seizing officer; and • any witnessing officer

• seizing; and • packaging

• seizing officer; or • other officer who has taken

continuity of it (i.e. exhibits officer) and signed the packaging accordingly

• transporting; • booking onto Niche; and • storage

officer in the case resolution at the conclusion of the investigation in investigative cases.

Process - Retention of money

At the point where money is retained by the police, the following must be adhered to by officers:

Step Action

1 for significant amounts (e.g. over £50), seizing officers must work in company with another officer so that actions taken can always be verified. This protects officers and also maintains the evidential integrity of any exhibits;

2 wherever possible, officers seizing significant amounts of money should consider photographing it first in situ either: • with Handepix; or • via CSI for larger seizures;

3 where appropriate, some form of receipt should be provided to the owner (if known); and

4 should be counted prior to being packaged unless any of the following factors apply: • it is suspected to be in excess of £1000; • it is likely to be required for some form of forensic testing,

e.g. fingerprinting or mass spectrometry analysis; or • the circumstances of the scene/seizure make it wholly

impracticable to count the money at that time.

Dual counting If the money is to be counted, the following must be adhered to at the

point of seizure for significant amounts (e.g. over £50):



Step Action

1 prior to packaging, the money must be dual-counted. This involves the seizing officer and another accompanying officer jointly counting the money simultaneously. It is not the practice of one individual counting an amount of money and then handing it to another person for another count. Dual counting is a single count done by the officers together to jointly verify the amount present.

2 the money must then be placed and sealed in a transparent evidence bag with all sections completed. Different denominations of money, and the amounts of these, should be noted on the bag so that the total amount and what that total is made up of is clear. The second officer who dual counted the money should sign the evidence bag as a witness. No other non-money items of any sort should be placed in the same bag.

3 the above process must be repeated, i.e. the first bag is placed and sealed in another clear evidence bag with all sections again completed. This is known as ‘double-bagging’

4 both officers must make a pocket notebook or other contemporaneous record (e.g. in a search book) of the exhibit number, amount seized and both seal number(s) involved. If the packaged money is handed to another individual i.e. an exhibits officer or transporting officer then the continuity section of the bag should be completed by that officer.

Transporting, booking in and storage

The officer(s) responsible for transporting the retained money must not leave it unattended or otherwise in a position where it could be tampered with. As soon as possible, retained money must be recorded accurately as property on the Niche system as per any other type of property being placed in police storage. The location of the seized money must be added to the relevant Niche property entry by a supervisor. Retained money must be stored in a safe in a secure and recognised evidence store at the earliest opportunity. A supervisor must accompany the relevant officer to do this and under no circumstances must a supervisor provide their warrant card to another person so that a temporary evidence store can be accessed without them being present. Districts are not permitted to store seized money thought to be in excess of £5000. In these circumstances the seizing officer and/or



officer in the case must contact Crime Division for further instructions. All retained money must be banked within 5 days (including weekends and Bank Holidays) unless a detective inspector or police staff equivalent gives authority for its continued retention, i.e. required to be kept in its original format for forensic analysis. This must be recorded on the OEL of the Niche occurrence it relates to. District evidence managers must regularly review non-banked money held in district safes as to whether this needs to continue.

Accessing retained money for an investigative purpose

Non-banked money being held for forensic analysis or other investigative purpose may need to be accessed depending on the required purpose. The advice of the Forensic Submissions Unit (FSU) or Forensic Enhancement Laboratory (FEL) should always be sought prior to any money being sent to them for analysis. In the case of:

Analysis Description

Fingerprinting The authorisation of the Forensic Submissions Unit (FSU) should always be gained prior to any money being sent to them for analysis. Note: That the FSU will not authorise the submission of large amounts of money. Uncounted money will not be accepted by the FSU for fingerprint analysis and in these circumstances the officer in the case must open the seized money in the company of another officer (preferably a supervisor) so any actions taken can be verified. Plastic gloves must be worn and any notes handled minimally. In general, unless exhibits are small denominations, sampling should be done. The FSU can advise on the number of notes that will be examined with officers selecting, for instance, top note, bottom note and particular bundled notes. These selected samples should be counted and packaged separately from each other as new sub-exhibits. The remaining money should also be counted and re-packaged at this time unless there are future investigative plans for it. If there are no



future investigative plans for the remaining money it should be banked as soon as possible and in any case within 5 days. A Form 88 should be used to document these sub-exhibits of money. The evidence clerks will arrange for FSU authorised exhibits to be transported by secure crate to the Sample Reception Unit at the FSU. Only in exceptionally urgent cases will the FSU accept officers transporting exhibits to them for analysis and prior agreement of the FSU must always be gained.

Mass spectrometry (with/without) fingerprinting.

Where mass spectrometry with or without fingerprinting is required, uncounted money will be accepted for analysis. A sample of money can be separated by the analysts for fingerprinting with mass spectrometry taking place on all or some of the remainder. The officer should provide instructions via the MG21 form.

If there is any other investigative need to access seized money it must only be opened and handled by the officer in the case in the presence of another witnessing officer (preferably a supervisor) and then be dual-counted, re-bagged and sealed as described above.

Banking money

The method for banking money will depend on whether the relevant Business Support Administrator (BSA) involved, or other member of Business Support personnel, is Niche trained. Whether they are Niche trained or not, seized money being banked must only be opened, dual-counted and handled by them in the company of another West Yorkshire Police employee. The below assumes that the BSA handling money in these circumstances is not Niche trained:

Step Action

1 the BSA will utilise the support of an evidence clerk or evidence manager from the relevant property store. They will bring with them a Niche receipt for the money item;

2 the BSA will first make a record of any seal number(s) before the item is opened;

3 the item will only be opened by the BSA in the presence of the evidence clerk/manager who both then engage in the dual-counting of it as outlined above.



Any discrepancies between the stated seized amount and the actual dual-counted amount must immediately be brought to the attention of the relevant Business Support officer (BSO) for an immediate, initial investigation. The BSO should then notify the Finance & Business Support manager and a detective inspector or police staff equivalent within the same day;

4 if the dual count verifies the stated seized amount, the BSA will complete a Fin 12 for the money;

5 the P00 number, bag seal number, denominations/total of money and the Fin 12 number will be written on the Niche receipt; and

6 a copy of the Fin 12 and the Niche receipt will be scanned onto the relevant Niche occurrence by the evidence clerk/ manager and the money will be shown money counted/ receipted.

If the relevant BSA is Niche trained, they do not have to enlist the support of an evidence clerk/manager for the above. Steps 1 – 5 can be completed by the BSA in company of another member of WYP staff i.e. the officer in the case or another BSA. Because the BSA has Niche access, they can complete Step 6 themselves and then task the relevant property store to show the money counted/receipted. In either of the above scenarios, the BSA is responsible for depositing the money in the bank once it has been dual counted and verified.

Counting large amounts of money

For counting large amounts of money, a counting room covered by CCTV is available at Ridings House, Crime Division.

Cash in transit boxes

For full details, refer to the Robbery – Business policy. Officers must not handle or otherwise interfere with recovered cash boxes from cash in transit vehicles including any components or mechanisms. These must not be taken into police possession unless, and until, both the locking circuitry and smoke activation circuitry have been checked and, where necessary, disabled by an authorised representative of the security company concerned. Even if the cash box was found ‘activated’ and appears safe, it must not be handled before it is verified it is safe by an authorised representative of the security company as some boxes are fitted with secondary devices. You should contact the security company concerned to request one of its authorised representatives to attend the location and disable the



cash box. The security company contact number can be obtained from the Force Duty officer.

Once the cash box has been made safe by the security company representative, you should then complete Form 72 Cash Security Box Safety Sheet, which can be found on Microsoft word. The green section should then be attached to the outer exhibit packaging to accompany the device at all times.

Note: Forensic service providers will not accept security cash boxes without this certification.

Specific information

Further details about different procedures for different types of retained money are:

Category Explanation Found This is money which is legitimately lost by the owner

and would automatically be handed back if traced.

Usually it will be in a wallet or purse and possibly with some identification. This should be treated as stolen property found abandoned.

Further information regarding this is contained in the Found money section of this document and can be accessed via this link.

Security – sudden deaths

The most common reason for taking money for security reasons is at the scene of a sudden death.

This poses specific problems, notably in its release to the correct claimant.

Further information regarding this is contained in the Sudden deaths section of this document and can be accessed via this link.

Security – other

Sometimes money is taken for security reasons because, although the owner is known, they are unable to protect their possessions and generally relates to road traffic collisions etc.

In this case, the OIC should make arrangements to notify the owners or next of kin as to the whereabouts of any retained cash.

Seized money under £1,000

Money (under £1,000) seized by the police as evidence or the proceeds of crime.

Further information regarding this is contained in the Seized money - under £1,000 section of this document and can be accessed via this link.



Seized money over £1,000

The Proceeds of Crime Act 2002 gives police officers civil powers to seize money over the prescribed amount of £1,000.

The receipt, storage and disposal of money must be in accordance with Force policy and must only be dealt with by authorised staff.

Prior to the disposal of money, all reasonable enquiries must be made to identify the rightful owner and return it to them.

Further information regarding this is contained in the Seized money - over £1,000 section of this document and can be accessed via this link.

Found money

Storage Where money is found with other items, you should bag it separately and place the money in the safe identified for this purpose at your district.

Banking The money must be passed to your Business Support Unit for banking within 5 days (including weekends and Bank Holidays).

Identification with money

If identification has been found with the money, Help Desk staff should:

Step Action 1 endorse the property entry and make initial enquiries to trace

the owner, record the enquiries made and result; 2 be specific and enter names and addresses; and 3 if you contact the owner, give them the property

management system reference number.

Returning to owner

If the owner of found money is identified, which has been sent to the district property store, you should inform the property officer immediately and give the owner the property store telephone number.


Returning to finder

Where an owner has not been traced, the finder may claim it after 28 days.




Claim made after banking

If a claim is made after the money has passed to your Business Support Unit, a report should be submitted to the business manager.

The report should include: • financial details from the finance officer;• brief circumstances; and• identify to whom payment must be made.

If the claim is by the finder, their explanation for the claim must be included. The district business manager will then make a decision on whether to make payment.

The Force can retain the full amount of found money that is not claimed by the owner or the finder.

Sudden deaths

Introduction The most common reason of the seizure of money for security is at the scene of a sudden death.

If then there is someone present who is evidently legally and practically able to act in the situation;

the money can be left in their care.

there is any reason to take a deceased person’s money into police possession it should be entered onto the property management system as ‘found money’;

it cannot be released until somebody proves they are entitled to it. This will usually be a: • Letter of Administration; or• Grant of Probate from a Probate

Office.

Remember that money taken in for security is in our stewardship and we must endeavour to return it to the lawful custodian.

Will and executors – small estate

When the estate is small and there is a will with executors (who do not renounce or have not predeceased the deceased) then it is easy to establish whom the money should be paid out to.

The Force would need: • to see the original will;• proof of identity of the executors to release any money; and



• copies of all documents.

Will and executors – large estate

In larger estates where a will is being executed, a Grant of Probate is usually applied for.

The Force would need: • to see the Grant of Probate;• to see the original will;• proof of identity of the executors to release any money; and• copies of all documents.

No will or executors

If there is no will and no Grant of Probate the ‘next of kin’ needs to be established. If there is a dispute over who is the next of kin, a Grant of Letters of Administration will need to be sought.

For assets over £5,000, a court will appoint administrators who will apply for a ‘Grant of Letters of Administration.’

Social services

Where social services accept responsibility for disposing of the deceased’s property, we must release any retained money to an officer of that authority who can: • show identification; and• produce documentation to support that responsibility.

If money from an estate has been passed to the Business Support Unit for banking, the OIC will be responsible for directing its ultimate disposal, they will:

Step Action 1 submit a report to their district business manager with an

update of the situation. The report will include copies of any wills, Grant of Letters of Administration, Grant of Probate or letters from solicitors and social services; and

2 request assistance from the district cashier, the property officer and if need be, the Coroner’s officer to dispose of the money.

Funeral directors

While funeral directors may be a source of information, no payment from seized money can be made to them. The Force has no contract with them and no obligation.

Seized money - under £1,000

Introduction All officers dealing with seized money must be aware that the Force is



acting as trustee for the proper stewardship of the funds. The money is not part of Force funds and must be administered appropriately.

Seizure of money is a relatively frequent occurrence and amounts are often substantial. The object of this procedure is to reduce to a minimum the amounts physically held within the property system and enable the Force to operate within the legal framework controlling these funds.

Disclaimer Where appropriate, the OIC should obtain a disclaimer from a suspect for the money at an early stage of proceedings.

Storage Any seized cash must be kept in a safe in the property store or, if that is not possible, secured in the police station or custody suite safe and transferred to the property store safe on the next working day.

Property officers must:

No Responsibility 1 not leave money in the property store unnecessarily and

maximise the use of safe facilities. If in doubt they should seek advice from the Crime Manager;

2 store seized money separately from any other property in the property office safe; and

3 store seized money required for evidential purposes in its original physical state securely in the property office safe until it is required by the OIC.

Large amounts of genuine or forged

If an officer takes possession of large amounts of genuine or forged money which may be required as evidence, they may arrange alternative secure storage, i.e. HSBC Bank, via their Business Support Unit.

If the money is held for evidential purposes, the property officer must review the circumstances surrounding it by sending a notification to the OIC seven days after the money was entered onto the property system.

Report to business manager

As soon as possible, the OIC should send a report to their district business manager about the seized money and include the following:

No Detail 1 suspect’s name; 2 suspect’s address - in case it is necessary to return it to

them; 3 date of seizure;



4 amount seized; 5 location of money, e.g. the property store (including property

reference number); 6 their name, collar number, district or section; 7 confirmation that the CPS is aware of it and it’s location; and 8 date CPS were notified and the name of the person to whom

the notification was made.

Report to CPS The OIC is responsible for: • notifying the CPS of all money, assets and their location, seized and

held by WYP in connection with criminal proceedings;• when proceedings are instigated, making reference to the property

including money on the prosecution file; and• requesting the CPS obtain an appropriate order (forfeiture,

confiscation, restitution, etc.) from the court.

The Business Support Unit is the main contact for Crown and Magistrates courts and will receive all court orders and associated warrants for seized assets.

Responsibilities District business managers and property officers are responsible for monitoring the progress of a case and the circumstances surrounding money related to it.

The district business manager has ultimate responsibility for the administration of money while it is held in their district and also has the contacts for the courts.

However, overall responsibility for the disposal of money will be the responsibility of the OIC.

Disposal Money for disposal should be forwarded to the Business Support Unit and a Fin 12 receipt obtained which should be filed in the property store.

Court order In principle, returning or disposing of seized monies is little different from returning or disposing of any other sort of property.

A court order takes precedence and the instructions should be followed.

Court orders in respect of seized money are only granted when sought by the prosecution after the defendant is convicted of one or more offences relative to it. Such orders are forwarded to district administration staff who will notify the OIC.



Court order incorrect

The OIC will ensure the amount stated in the order is correct with the amount referred to in court. If not, this must be clarified. It may be the defence has persuaded the court on whatever grounds that some of the seized money must not be confiscated - in effect be returned to the defendant or other party whom the defence declares to be the true owner.

If the OIC believes there is an error in the order they must refer it back to the court for a written amendment (a verbal amendment is not sufficient).

Court order correct

Once the OIC determines that the court order is correct, one of the following should occur:

If Then payment is to be made to the courts;

the OIC should obtain either a: • Distress Warrant against the Chief

Constable for the sum involved (this isobtained from the relevantMagistrates courts administration); or

• disclaimer from the person fromwhom the money was seized.

the court order dictates payment is to be made to a third party (other than the court);

the OIC should obtain a: • disclaimer; or• letter of authority from the person

from whom the money was seized.despite conviction, no court order has been obtained;

OIC should seek a disclaimer from the defendant.

A copy of all these relevant documents plus a written report must be sent to Finance Dept HQ, via the district business manager.

No court or restitution order or disclaimer

If there is no court or restitution order after conviction and no disclaimer, then monies must be returned to the person from whom it was seized. The OIC may request to seek an order under the Police Property Act 1897. If this is obtained, the OIC will submit a full report to Criminal Justice Support Dept, who will instruct the West Yorkshire Police Authority legal section accordingly.

If no court order is obtained under the Police Property Act 1897 and there is no disclaimer, the OIC will submit a report to the district finance officer and unless the amount is under £100, the money will have to be returned to the defendant.

Release of small sums of money

For sums not exceeding £100. The OIC may submit a report to the facilities officer or nominated inspector giving the full circumstances and nominating the rightful claimant being someone other than the defendant.



The facilities officer or nominated inspector may authorise the release of monies in these circumstances if: • this process is not used to excuse routine administrative failures;• it is not used to avoid the need for court orders or disclaimers or it

would be impractical to obtain them now;• use of the Police Property Act 1897 would be administratively

excessive;• the defendant has made no claim on the monies; or• there is no dispute as to the ownership of the monies.

The authorised report will be submitted through the Business Support Unit that will arrange payment. However, if the defendant subsequently claims payment, this will be charged to district funds.

Suspect not subsequently convicted

If money has been seized from a suspect who is subsequently not convicted, it must be returned to them.

The OIC will arrange this through the Finance Dept HQ, via their Business Support Unit

Direction of the court

Given the exceptions above, the general rule is that police officers will follow the direction of the court. We will not arbitrate in civil disputes and persons aggrieved must be advised that if the criminal court gives no satisfaction then they must resort to the civil proceedings.

Most orders from courts will require a Distress Warrant to deal with seized money. The procedure is relatively simple and the exceptions outlined above will be rare. Advice may be sought from a supervisor or, where large amounts of money are involved, the Office of the Force Solicitor.

No disclaimer Where a disclaimer is not given or is revoked, we have no authority to pay any third party (including the courts) or sell the seized items without the consent of the defendant. In such situations the OIC should notify the clerk of the committing court and invite them to obtain a Distress Warrant.

No claimant If there is no claimant, the OIC must submit a report to the District Business manager requesting disposal under the Police Property Act 1897.

Third party If a third party holds disclaimed assets, for example a bank, the OIC must write and inform them of any court order, enclose a copy of it and a disclaimer and advise that the clerk of the committing court will contact them.



Disputed ownership

Where there is a dispute relating to the ownership of any property, including money held by the Force, the OIC must complete and send a report to the Office of the Force Solicitor. The property must be retained in police possession until advice is received from the Office of the Force Solicitor.

Seized money – over £1,000

Introduction The Proceeds of Crime Act 2002 (POCA) - Cash seizure powers - sections 294-300, came into force on the 31st December 2002. The act provides an opportunity for us to disrupt organised criminal enterprises and reduce crime by giving police officers power to seize money over £1,000.

We will use the civil cash seizure power for all seizures believed to be of £1,000 and over. The civil proceedings will then run alongside any criminal proceedings. All operational officers must be aware of these powers.

This guidance relates to dealing with the money within the property system and does not cover all aspects of cash seizure under the Proceeds of Crime Act 2002. Further policy guidance on can be accessed via this link.

Procedures If as the OIC (seizing officer) you decide to seize money and find cash in excess of the prescribed amount of £1,000, you should:

Step Action 1 make sure the seized cash is detained under the civil power,

as well as by any criminal powers. This will ensure that money believed to be linked to criminality does not automatically go back to the suspect, if the criminal proceedings fail;

2 complete a receipt for the cash; 3 if questioning does not establish reasonable grounds for

arrest, you can still seize the cash using the civil power. You will need the necessary forms at the scene as we have no power to detain a person for the purpose of serving the forms; and

4 complete the forms and serve them on the person from whom the cash was seized.

Forms All forms required for cash seizure are available on the WYP Intranet on the Force Forms site.

http://10.10.1.12/docmanager/content/S477.htm

http://10.224.0.83/dsweb/View/Collection-1833



Dealing with the cash

You must, in the presence of the person from whom you seized the money from and another officer:

Step Action 1 put the uncounted cash in a tamperproof drugs bag and seal

the bag; 2 seal that bag inside a second tamperproof drugs bag; 3 sign both the bags, and ensure the other officer also signs

them; 4 give the person from whom the money was seized, the

opportunity to sign both bags; 5 make a written record of:

• precise time and location(s) of the cash when it was found;• the questions you asked, any answers given by anyone

about the possession, or intended use of the cash;• the reason(s) why you believe that the amount of cash is

£1,000 or more; and• your justification for seizing it; and

6 consider the need to preserve the money for forensic examination. An officer of chief inspector rank or above must authorise cash to be retained in its original form.

NB There must always be two officers present when handling or transporting cash.

Arrest If you make an arrest, you must deal with the detained person in accordance with Police and Criminal Evidence Act 1984. You must:

Step Action 1 make sure the seized, uncounted cash is listed on the

detained person’s custody record; and 2 put the cash in the custody suite safe or, if it is too bulky, in a

secure cell or room.

No arrest If no one is detained, you should book the cash onto the property management system and treat the cash as retained.

Forensic examination required

Once you have dealt with the investigation interview, consider any forensic examination issues with regard to the money.

If then there is no need for the money to be forensically examined or otherwise held for evidence;

you should deal with it as Seized money -under £1,000.



the money is to be preserved for forensic examination;

you should complete POCA Form A (available from HQ Crime, Confiscation Unit ext 22578) showing the amount as “an amount believed to be £1,000 or more” and justify why you believe this is so.

No forensic examination

If there is no requirement to preserve cash for forensic examination, you should arrange for the money to be counted in the following controlled conditions.

No Procedure 1 Two officers must be present at all times. 2 The counting must be done in an empty room, such as an

interview room, using a clear table. 3 If possible, you should record the process on video. 4 You should record the type of currency, quantity and

denominations of the banknotes, e.g. £2000 in used Scottish £5 banknotes.

5 Once a controlled count has been undertaken, you should book the money on the property management system.

Counterfeit currency and equipment

Introduction The following section also applies to counterfeit coins, equipment for counterfeiting and imitation banknotes.

Bank co-operation

Banks will surrender suspect counterfeit banknotes when asked to do so.

They will also give details of the person believed to have handed them in.

Handed in by an innocent handler

If an innocent handler surrenders suspect currency and it is not part of a prosecution case, you should:

Step Action 1 take and preserve it; 2 handle it as little as possible; 3 enter details on the property management system; 4 if a banknote is wet, let it dry naturally; 5 write the word ‘counterfeit’ along its length, not diagonally, on

the front and back (do not write any other words);



6 seal the banknote in a transparent plastic bag as soon as possible;

7 attach an exhibit label to the plastic bag; and 8 fill in a form NCO/1(National Central Office form) and send it

with the banknotes to Crime Division Administration Unit.

What happens If asked by an innocent handler what is their position when money is seized, you should explain that if the money: • proves to be counterfeit, the relevant financial institution will keep it,

and they will lose all rights to it; or• is genuine, the National Criminal Intelligence Service (NCIS) will

return the banknote to the District Administration Unit who will returnit to them.

Checking for fingerprints

If a test for fingerprints is necessary, mark the form NCO/1 (National Central Office form) accordingly. You should preserve the banknote in a clear sealed bag so the serial number can be seen.

Before a fingerprint examination is attempted, the Fingerprint Unit require: • two sets of fingerprints from the suspect; and• elimination prints from everyone else who may have handled the

banknotes.

Unless it is impractical to do so, the banknotes should be sent to the Administration Unit, Crime Division, who will forward them to NCIS to provide a statement of validation, before they are examined for fingerprints.

End of proceedings

At the end of any proceedings the NCIS will return the counterfeit currency with the form NCO/1 (National Central Office form) and a covering report giving the result of the case to the Administration Unit, Crime Division, who will then forward this information to the District Administration Unit.

Drugs

Introduction The administrative procedures for dealing with drugs are the same as for any other item of property whether seized, found or handed in by a member of the public, but because of the health risks, you should take particular care when handling them. You should read this section in conjunction with other Force Policy Guidance on drugs which can be accessed via these links: Cannabis warnings, crystal meth and recovery of drugs Drugs: evidence, testing and valuation



Internally concealed

Health and safety

Do not seize hypodermic needles or syringes, unless they are required for evidence.

Use an approved sharps container to seize them.

Take care when handling or packaging syringes or needles to guard against injury.

Suspected or confirmed controlled drugs and related equipment in police possession must be properly itemised and accounted for.

Property store When placing such an item in the property store, you should:

Step Action 1 record its description accurately on the property

management system without physically touching it; 2 record as accurate a description as possible of the item,

including measurements of block type substances, for example, a block of brown resin measuring 15 cm x 7.5 cm;

3 revise entries when further information is available after scientific analysis, e.g. update 250 white tablets to 250 ecstasy tablets;

4 put the item in a self seal drug bag except live cannabis plants which must be put into brown paper bags;

5 place the item in a property bag. This must be witnessed by either the person in charge of the property store or an officer of the rank of sergeant or above not previously associated with the drugs; and

6 place the item in a secure cabinet separately from the other items of property until disposal.

Do not open any packaging or physically touch any suspected or confirmed controlled drugs when booking them into the property store.

More than one cannabis plant

If there are a number of cannabis plants to be seized (e.g. at a cannabis farm) - only seize enough cannabis plants to satisfy the ‘representative sample criteria' contained in the FSS document, The examination of cannabis cultivation scenes.

All plants must be photographed in situ and 2 or 3 plants per growth stage must be recovered for submission to FSS. The remainder may be destroyed as soon as possible after: • being recovered to property stores;• all evidential requirements have been satisfied; and• authority to destroy has been obtained from the OIC.



Testing of suspected controlled drugs

In cases involving possession of cannabis, heroin, morphine, amphetamine, cocaine or crack for personal use only, it is not always necessary to send the drug for forensic analysis if: • the offence is admitted; and• the case is disposed of by way of caution;OR• the offence is to be finalised at magistrates’ court; and• provided the drug has been examined and tested by a suitably

trained officer using an approved drug testing kit.

Cannabis will be identified by a WYP trained officer, who has: • specific training in the identification of the drugs given; or• experience in drug arrests, submission of drugs for forensic analysis;

and• can recognise the appearance, texture and smell of cannabis.

Further guidance on drug testing can be accessed via this link.

NB A suspected drug must be identified before giving a caution or charging a suspect with its possession. If necessary, bail the suspect to return to the police station until after the drug has been tested and identified.

Home Office The Home Office requires the police to inform them of persons charged, cautioned, or summoned for an offence involving controlled drugs and about the seizures of them.

Forensic testing

A forensic submission must be returned to the district or unit sending it for analysis.

The Forensic Science Laboratory is required to return the number of items listed on the MGFSS form. They may also be required to separately return any wrapping for fingerprint examination.

Police officers must only accept an item returned by the Forensic Science Laboratory in a sealed container. When the container is opened, it must be witnessed by either:

No Witness 1 the person in charge of the property store; or 2 an officer of the rank of sergeant or above not previously

associated with the drugs.

Checking contents

The contents of the container must be visually checked without physically touching it, against the details of the:



No Detail 1 record of the item originally sent for analysis; and 2 delivery note sent back with the item.

If the contents are correct reseal them in the presence of the same witness (as above) and store them for court or destruction.

Errors If an error is discovered, the duty inspector will contact the Forensic Submissions Officer and also enquire into the discrepancy with the Forensic Science Service.

Removal from storage

If there is a need to remove an item from a secure drug storage area in the property store, other than for destruction, the following procedure will be used:

Step Action 1 Before it is released, the property officer will visually check

the item without physically touching it. 2 If the item is correct, the police officer requiring the release

from storage must sign for it. They are responsible for its safety until it is returned to the property store.

3 The property clerk will update the property management system with the location of the item to reflect that it has been removed from the store and also identify the officer who has taken it.

Returning to storage

The property officer will examine a returned item in the presence of whoever has returned it. If everything is in order, the property officer will place it in the secure drug storage area and update the property entry. ________________________________________________________

Destruction

Action by property clerk prior to disposal

In cases where large seizures of drugs are involved, consideration may be given to the disposal of the drugs prior to court proceedings. There is no carte blanche agreement from CPS to agree to pre-trial disposal. Every case involving what is interpreted as a large seizure is to be judged on its own merits.

Pre-trial disposal will usually involve large amounts of cannabis, which can emit odours and be a health & safety hazard while in property stores.

If consideration is being given to pre court disposal, you must arrange for the following, prior to the date of disposal: • discuss and obtain agreement from CPS (there is no point in



disposing of drugs pre-trial if disposal will jeopardise the trial); • notify the suspect and legal representative of the final date of

disposal; andarrange for the attendance of the officer in the case and a scenes of crime officer.

Authority for destruction

The business support officer or an officer of inspector rank or above can give an authority to destroy drugs stored in their division. The business support officer will be responsible for dip sampling the disposal of drugs but can request an inspector or property manager to act as an observer of the destruction.

When the property manager/inspector is satisfied the items authorised for destruction are correct, two members of staff will take each sealed container to premises that are authorised for the incineration of special waste i.e. White Rose Environmental Waste site, Leeds

Destruction risk assessment

On occasion the volume and nature of the drugs authorised for destruction can have a high monetary value which requires additional consideration. With such cases in addition to normal operating practise further risk assessments must be carried out, in consultation with the duty inspector, and should include issues such as: • Criminal Intelligence;• adverse weather conditions;• route variations; and• distance.

Where the risk assessment includes any relevant firearms intelligence this should be discussed and assessed with Firearms Cadre Advisors.

Other steps which should be adopted before taking drugs for disposal are : • communications - personnel should be in contact with their

Communications Room via Airwave radio;• a Niche log should be commenced for the journey; and• there should always be two people in the vehicle who should remain

with the drugs at all times and witness the actual destruction.

Important: Do not be complacent; drugs sent for destruction which are stolen or ‘hijacked’ en route would potentially damage the Force’s reputation.

Destruction: property from cannabis farms

Bulky electrical and ventilation equipment used for cultivation purposes at cannabis farms can be disposed of directly from the scene by contacting Tyersal Skip Hire. They provide a 24/7 service and, on request, they will send a skip to the cannabis farm.



After SOCO examination the equipment can be put into the skip and disposed of by Tyersal Skip Hire directly from the scene. When the equipment has been placed in the skip for destruction you must endorse an occurrence sheet on NICHE.

The actual cannabis plants themselves (i.e. those not being submitted to FSS) must not be placed in the skip. The cannabis plants have to go to the property stores prior to destruction as above.

Disposal of property following conviction

Introduction This Force will retain property: • pending any hearing at the Magistrates’ court and• for a further six months after an order has been granted, to allow

sufficient time for any appeal to be lodged pursuant to the Act.

For advice in relation to the Police (Property) Act 1897 you should contact the Finance Dept, HQ.

Minimum period

If you wish to dispose of property before the above time periods have elapsed, you must first obtain authority from the OIC and a facilities officer or nominated inspector to prevent the Force being left open to civil claims in respect of conversion and trespass to property.

If the value of the property is over £2,500 then the approval of the Force Solicitor is needed.

Maximum period

After a period of one year the continued retention of the property must be critically reviewed and disposal considered.

Claimants Where property has come into our possession in connection with our investigation of a suspected offence, it can be disposed of under current legislation.

In order to assess whether the Police (Property) Act procedure is appropriate we must first consider the number of claimants.

Claimants Action None Where there is no known claimant or the claimant has

signed a disclaimer, or where the property remains unclaimed, we can retain it for a period of twelve months, after which time it should be disposed of.



One The person must prove they are the true owner not merely the person who has possessory title. If they are unable to prove this, it will be necessary to issue a Police (Property) Act application for destruction of the property.

Two See disputed ownership section.

Facilities officer and inspector

The decision to dispose of the item is delegated to a facilities officer or inspector. The approved methods of disposal are:

No Criteria 1 auction; 2 destruction; 3 consumable (i.e. foodstuffs) disposal; 4 charitable donation; or 5 retention for use by the Force.

Auction Property for auction can be allowed to accumulate to make up a consignment for auction or may be dispose of any time after the retention period.

As the property officer, you will:

Step Action 1 send items for disposal by auction to an approved auction

house; 2 send ‘other’ and ‘found’ property categories for auction

separately; and 3 have suspected counterfeit goods checked by Trading

Standards before they are auctioned. Any counterfeit goods should be destroyed.

Note: Sending items for auction will not transfer any perceived risk, e.g. electrical goods which are not fit for purpose/damaged etc.

Destruction You should destroy:

No Item 1 Alcohol, cigarettes and tobacco (if not destroyed should be

passed to HM Revenue and Customs for disposal); 2 Counterfeit goods; 3 Two way radios; 4 Scanners, if misuse is likely; 5 Baseball bats; 6 Knives; 7 Items where retaining them is not in the public interest; and 8 Any other property you consider could be used in crime.



Special instructions

Special instructions cover the disposal of the following: Seized money – guidance can be accessed via this link. Firearms – guidance can be accessed via this link. Computers – see below.

Computers If the central processing unit of a computer, electronic organiser or other digital recording item is not to be returned to its owner, ask a member of the Hi Tech Crime Unit to examine any data held on the hard disk drive.

Be aware of the implications of data protection and the European directive on waste electrical and electronic equipment which came into effect in 2005 when disposing of computers.

Charitable donation

Under the Police (Property) Regulations 1997 regulation 8, the Chief Constable may allow items to be otherwise disposed of in accordance with their directions. This can include disposal of items to a charity or other community (worthwhile or good) cause.

If the property is worth under £2,500 then donation can be approved by a facilities officer or inspector. If over that limit, donation must be approved by the Force Solicitor. If the matter is a complex one, contact the Office of the Force Solicitor for advice.

Approval can be given provided that:

No Criteria 1 Legal ownership of the item lies with West Yorkshire Police,

in line with the Police Property Act. 2 The recipient body is a bona fide charitable or community

organisation and the request is sincere and not for a commercial motive.

3 The Force can justify donation by showing that: the benefit (opportunity cost) from disposal of the item exceeds the money it would raise if auctioned; and the money received was applied through our existing charitable channels.

4 We arrange for the recipient to sign a receipt.

Use by the Force

Unclaimed property may be retained for use by the Force if:

No Criteria 1 it has remained in police possession for a continuous period

of twelve months; and



2 the West Yorkshire Police Authority determines that: • the property can be used for police purposes; and• is to be retained.

Mobile telephone, radio equipment

You must contact the Communications Support Unit if you are unable to trace the owner of the following property: • mobile telephones;• radio equipment; or• scanning devices.

The communications Support Unit will assess whether the property is suitable for: • re-use by our force; or• destruction.

Where appropriate, the Unit will ensure that the equipment is suitably destroyed.

Mobile telephones and personal data

Mobile telephones contain personal data for example names, home and work telephone numbers, etc. The Force has a data protection duty to protect this information for members of the public when disposing of found or seized mobile telephones.

Where arrangements are made to dispose or retain mobile telephones for Force use, we must take reasonable steps to ensure that all personal data is protected and that the telephone is disposed of or used in a secure manner. The relevant property records must be endorsed accordingly.

A European directive on waste electrical and electronic equipment came into effect in 2005. Because of the environmental consequences of dumping mobile telephones in landfill sites, manufacturers are now legally required to take back their own products for disposal.

Such items will not be returned to the finder, or any other third party.

Pedal cycles Prior to disposal of the pedal cycle, you must: • physically examine the found pedal cycle for identification marks

such as a postcode irrespective of whether the pedal cycle is storedby us or kept by the finder;

• search the property management system; and• search other appropriate Force systems.

Where appropriate, pedal cycles may be disposed of via charities and recycling groups.



Official documents

Where possible, you should return, by recorded delivery, any official documents to the relevant authority where owners cannot be traced. Such documents include:

No Item 1 Birth certificates 2 Death certificates 3 Bank books 4 Bank cards 5 Social security documents

Chemically treated property

Before disposing of property which has been chemically treated for fingerprints, you should refer to the Scenes of crime handbook.



Policy database administration

Document information

The table below lists the details relating to this document.

Item Details Document Title Property handling, storage,

retention and disposal Owner Transport and Logistics Author / Reviewer Date of last review 29/06/2007 Date of next review 28/06/2008 Equality Impact Assessment relevance test Completed:

Enter: Yes / No Yes

Full Equality Impact Assessment Completed:

Enter: Yes / No / Not relevant Not relevant

Compliant with Human Rights Act 1998

Enter: Yes / No Yes

Revision information

The table below details revision information relating to this document.

Topic Title Date of last update Removed link to drugs disposal policy – drugs map, introduction block

19/12/2008

Amended section on drugs to reflect new storage and destruction procedures.

19/01/2009

Link to drugs disposal policy removed (that policy withdrawn)

23/01/2009

Update with regard to disposal of mobile telephone equipment

01/06/2009

EIA relevance testing completed 12/06/2009 Reporting online or by telephone paragraph added to Lost property section

07/09/2010

Duties of OIC paragraph updated re use of BlackBerry cameras

18/01/2011

Included block on reports taken re mobile phones

02/08/2011

Word changes on page 14 necessitated by new disposals under LASPO Act 2012

15/04/2013

Removed block on lost mobile phones 02/10/2015 Changed section regarding Drug Destruction as requested

22/09/2016



Note added at the start of the policy to state that the Evidential Property policy is now live. This policy be used only for Lost and Found property.

10/07/2018

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