CCTV Procedure - Custody - Cheshire Police · CCTV PROCEDURE . NOT PROTECTIVELY ... The CCTV system will provide integrity of evidence, ... 3.1.6 The primary purpose for the installation

NOT PROTECTIVELY MARKED

Version 0.4 NOT PROTECTIVELY MARKED 1

FORCE PROCEDURES

Procedure Reference Number: 2011.17 Procedure Author: Inspector M McLoughlin. Procedure Review Date: May 2012

At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date Inspector M McLoughlin 18/06/11

CENTRALISED CUSTODY UNIT CCTV PROCEDURE



Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Procedure Aim ......................................................................................................................... 4

2. Responsibilities ....................................................................................................................... 4

3. Guidance ................................................................................................................................... 6

Purpose .............................................................................................................................................. 6

CCTV System Overview................................................................................................................. 7

Security Management System (SMS)......................................................................................... 7

CCTV Equipment Recording Room ............................................................................................ 8

Areas Not Covered by CCTV ........................................................................................................ 8

Warning Notices .............................................................................................................................. 9

CCTV Equipment Recording Room Access............................................................................. 9

Relevant Considerations ............................................................................................................... 9

Viewing Requests ......................................................................................................................... 10

Request for Copies ....................................................................................................................... 10

Defence Solicitor Requests ........................................................................................................ 10

Evidence Retrieval ........................................................................................................................ 11

Intoximeter Procedure ................................................................................................................. 11

Adverse Incidents – Action to Be Taken ................................................................................ 11

Professional Standards ............................................................................................................... 12

Access by Data Subjects ............................................................................................................ 12

Custody Visitors ............................................................................................................................ 12

Costs................................................................................................................................................. 13

Records ............................................................................................................................................ 13

Unique Reference Number ......................................................................................................... 13

Copyright ......................................................................................................................................... 14

Retention of Master Copies ........................................................................................................ 14



4. Appeals .................................................................................................................................... 15

5. Review ...................................................................................................................................... 15



1. Procedure Aim This Procedure aims to introduce clear directives and procedures, to ensure that the CCTV systems located at each of the Centralised Custody Units are managed and maintained in a consistent and secure manner to enable:

• Monitoring of access and egress to the site and buildings;

• Monitoring of the movement of detainees, staff and visitors on site;

• Recording of the booking in, charging and release processes (including authorisation for initial detention, risk assessment and administration of rights and entitlements);

• Recording of the physical condition, appearance and demeanour of the arrested person;

• Monitoring of incidents of violent or disorderly behaviour by persons in custody with a view to discouraging and reducing these instances;

• Discouraging of malicious complaints and allegations;

• Where appropriate, enabling custody staff to closely monitor and record detainees in cells equipped with CCTV to improve safety, care and treatment;

• Recording of evidence of unsolicited comments and replies following charge;

• Recording Statutory procedures within the department.

Due regard has been given to the current statutory requirements and guidelines as detailed in section 3 of this procedure document.

Click Here to Return to Index

2. Responsibilities 2.1 Investigating Officers – The fundamental principle in relation to Custody Suite

CCTV footage is that all staff involved in the investigation of an offence are to consider whether images held on the system are ‘relevant’ to the case in question. This in normal circumstances will be the disclosure officer, officer in the case or officer responsible for completion of the file. This must be done on a case by case basis and the must consider whether the footage is likely to support the prosecution case or indeed undermine it. Where it is considered relevant, a request to either view the footage or download the images onto the appropriate media must be submitted to the Designated CCTV Officer.



2.2 A Designated CCTV Officer will be established for each of the three Centralised Custody Unit Suites. They will have responsibility for the following duties;

• Ensuring that the CCTV system is functioning correctly and in accordance with the Operating Procedures;

• Ensuring that the retention periods and image quality is in accordance with the Operating Procedures;

• Reporting of any irregularities to the Designated Centralised Custody unit Inspector;

• Maintaining records in relation to access of Equipment Room, requests to view and copy CCTV footage and any subsequent action taken;

• Facilitating CCTV System viewing and completing downloading/copying of images to the appropriate media;

• Preparation of Witness Statements where appropriate;

• Ensuring Master Copy recordings are stored correctly and disposed of in a timely manner;

• Liaison between the Custody Inspector, Data Protection Officer, the Criminal Justice Unit and other interested parties as appropriate;

• Ensuring procedures comply with the provisions of the Data Protection Act.

• Dealing with Data Subject Access applications under the Data Protection Act (DPA).

2.3 Custody Sergeants are responsible as part of each Night shift minimum standard

checks, for ensuring that the CCTV recording equipment is functioning correctly. 2.4 Duty Custody Inspectors will have day to day responsibility for overseeing the

correct use and application of the system, including access to the CCTV equipment room.

2.5 The Centralised Custody Unit Suite Managers (Inspector Rank) are responsible

for the overall management of the Centralised Custody Unit CCTV equipment at their respective suites.

2.6 The Chief Inspector, Centralised Custody Services, has overall responsibility for strategic management of Custody services including the CCTV systems.

2.7 ACC (Neighbourhoods) holds the overall portfolio for Custody




3. Guidance 3.1.1 Closed Circuit Television (CCTV) systems are operational in each of the three

Cheshire Constabulary Centralised Custody Unit Suites. The purpose of the CCTV system is to create a safe environment for officers, detainees and all individuals in the custody suite. The CCTV system will provide integrity of evidence, assist in the investigation of complaints against staff within the Custody environment where allegations of misconduct or mistreatment are raised and will improve performance and quality of service in respect of the safe handling and detention of persons in Police custody.

3.1.2 The CCTV system within the suites forms part of a fully integrated security system

which includes access control and affray alarms. For resilience purposes these Systems are all capable of operating independently of each other.

3.1.3 This document is intended to give operational guidance and instruction regarding the use of the CCTV system within the Centralised Custody Unit Suites. This will ensure the integrity of the system, operating procedures and audit trails for the purposes of continuity of evidence.

3.1.4 It is also based upon good practice and the need to comply with the following statutory requirements:

� Data Protection Act 1998 & 2000 � Human Rights Act 1998 � Regulation of Investigatory Powers Act 2000 � PACE Codes of Practice � The Criminal Procedures and Investigations Act 1996 and The Prosecution

Team Disclosure Manual 2005 � Disclosure Protocol for the Control and Management of unused Material in

the Crown Court � CCTV Codes of Practice (Revised 2008)

Purpose

External CCTV

3.1.5 All external fixed and multi functional cameras are designed and strategically located to enable the identification of staff, vehicles and visitors at the pedestrian and vehicular access gates to the sites. The multi functional cameras are programmed to monitor and record the external areas of the custody suite and privacy screens have been installed in the cameras to prevent them from having the capability to look into neighbouring properties. Internal CCTV

3.1.6 The primary purpose for the installation and use of the Custody CCTV System is to assist in the management of the detention of prisoners. In addition it is recognised that custody suite CCTV images and audio recordings may be required for evidential purposes and will help provide safeguards for police, detainees and all visitors to the Custody Suites.



This will be achieved by:

• Monitoring access and egress.

• Monitoring the movement and actions of detainees, staff and visitors.

• Recording the booking in, charging and release processes (including authorisation for initial detention, risk assessment and administration of rights and entitlements);

• Recording the physical condition, appearance and demeanour of the arrested person;

• Discouraging incidents of violent or disorderly behaviour by persons in custody;

• Discouraging malicious complaints and allegations;

• Where appropriate, enabling custody staff to closely monitor and record detainees in cells equipped with CCTV;

• Recording evidence of unsolicited comments and replies following charge and

• Recording statutory procedures within the facility.

CCTV System Overview

3.1.7 The initial Custody PFI Contract with Cheshire Custodial Services (CCS) should be referred to for a complete understanding of the technical and performance criteria for the system; however a summary of the coverage and retention periods is scheduled below:

Security Management System (SMS)

3.1.8 All access control, intercoms, panic alarms and CCTV cameras are integrated and located at the ‘5th Workstation’ in the charge area. The fully functional cameras can be operated using the telemetry control unit (joystick) and keypad, mouse control pad or by using the touch screen capability on the computer. This enables a camera icon to be selected and the image from that camera to be displayed on the adjacent monitor.

3.1.9 In addition when an access control buzzer or intercom is activated the images from the camera covering this location are displayed on the adjacent monitor to allow visual verification to take place.

3.1.10 In the event of affray alarm activation the images from the camera covering the location in question are displayed on a monitor on the charge desk and simultaneously relayed to the Resource Deployment Centre (RDC).

3.1.11 Further monitors are located on the charge desk and in the custody office which allow selected cameras to be displayed either as a full screen or split quad screen image.



3.1.12 The principal purpose of the monitors in the custody office is to facilitate the monitoring of detainees in the vulnerable person cells. It should be noted that this does not obviate the requirement to comply with PACE Codes of Practice in relation to the detention and treatment of a detainee e.g. Physical checks on a detainee are required notwithstanding the fact they may be in a CCTV Cell. Safer Detention and Handling (SDHP) guidelines must still be followed and an appropriate care plan be put in place according to the specific needs of the detainee being monitored.

3.1.13 Charge Desk Visual and Audio recording retained for 90 days. Continuously recording with a constant frame rate of 12.5 images per second, (effectively ‘real time’)

3.1.14 Intoximeter Room Not currently operational and Audio & video coverage has been disabled.

3.1.15 External Areas Visual recording retained for 7 days Continuously recording with a constant frame rate of 12.5 images per second, (effectively ‘real time’)

3.1.16 Internal Areas (Including vulnerable person cells, circulation routes, exercise yards) Visual recording retained for 7 days. Continuously recording with a constant frame rate of 12.5 images per second, (effectively ‘real time’)

3.1.17 These retention times are approximate and are subject to the available memory on the system and the file size of the images recorded. They can vary greatly depending on how much movement is recorded on each camera during the period in question.

CCTV Equipment Recording Room

3.1.18 The recording system (server) is located inside a secure room on the first floor (F21). The room is kept locked at all times and the key to the room is to be securely stored inside the Administration Office (F05).

3.1.19 The recording system is designed to run independently with no input from Custody staff. Unless a recording is removed from the system for evidential purposes there should be no requirement for the recordings in the system to be accessed. Recorded images held on the system are automatically overwritten after the defined retention periods.

Areas Not Covered by CCTV

3.1.20 All circulation areas on the ground floor of the custody suite are covered by CCTV; except the areas as listed below which are not presently covered by the system;

� Solicitor Consultation Rooms � Medical Room � Shower and Toilet Area � Interview Rooms



� Secure Visit Room � Process Rooms � Rear Custody Office

3.1.21 In addition the cameras in the vulnerable person’s cells are ‘masked’ around the

toilet area to maintain the detainee’s dignity but still allow monitoring of the person situated in that area.

Warning Notices 3.1.22 Warning Notices indicating that CCTV is in operation are located at strategic

locations both inside and outside the Custody Suite and include all entrances and exits. Any request by a detainee or other person to have the cameras switched off will be refused.

CCTV Equipment Recording Room Access

3.1.23 The Equipment Room will only be operated by authorised and trained designated staff.

3.1.24 The door of the CCTV Equipment Recording Room will remain closed and secured at all times.

3.1.25 Access to the Equipment Room is limited to authorised designated police personnel whilst on duty. All other visitors to the Equipment Room require prior approval of the Custody Inspector.

3.1.26 Within the Equipment Room, CCTV recordings held on the hard drives from all cameras can be accessed via a computer terminal. Access to the computer system is by secure password unique to each system user.

3.1.27 Recordings can then be viewed and copies of the recording can be made onto CD-R/ DVD-R media as appropriate.

3.1.28 A register of all visitors accessing the Equipment Room will be maintained by the CCTV Designated Officer. Visitors will be escorted at all times to maintain the integrity of the system.

Relevant Considerations

3.1.29 The appropriate officer in considering the relevance of any CCTV footage will take into account the facts of the case in question to establish whether the Custody CCTV footage is relevant or not.

3.1.30 If deemed relevant it is required to be established whether the footage is evidence of the offence in question or if it is unused material and to be scheduled in accordance with CPIA.

3.1.31 Practical Examples of this can be seen below;



� A detainee arrested for shoplifting is seen to discard property from their pocket whilst entering the custody suite. On examination the property is identified as an illegal substance. The CCTV footage would be used as evidence.

� A detainee arrested for Affray who had been violent and abusive at the time of arrest is calm and cooperative at the time of being booked into custody. It may be considered that in the circumstances this is unused material.

Viewing Requests

3.1.32 All viewing requests are to be submitted to the Designated CCTV Officer on the appropriate form. See Appendix C for details.

3.1.33 Only requests received within the defined retention periods can be accommodated and will take place at the relevant Custody Suite to which the request is made i.e. Requests to view images relating to an incident at East Cheshire Custody Suite can only be viewed at that location.

3.1.34 There are numerous legitimate sources that can request to view images which include:

� Disclosure Officer, Officer in the Case, Officer preparing file � Professional Standards Department � IPCC � Crown Prosecution Service � Defence Solicitor, in circumstances where criteria is met. See Section 11 � Subject Access requests under Data Protection Act

Request for Copies

3.1.35 All requests for footage held on the Custody CCTV System to be down loaded are

to be submitted to the Designated CCTV Officer on the appropriate form. See Appendix D for details.

3.1.36 No images will be downloaded unless a legitimate request has been received to do so and it is deemed justifiable and necessary.

Defence Solicitor Requests

3.1.37 All defence requests for copies of stored images that have been listed by the disclosure officer on the schedule of unused material or requests to view CCTV footage should be made in writing to the Crown Prosecution Service (CPS).

3.1.38 The Crown Prosecution Service should ensure that the principals of the 'Disclosure Protocol' are adhered to and that speculative requests are not being made.

3.1.39 All other requests in respect of access to view or receive copies of CCTV footage will be refused unless it is deemed relevant to the case and supported by Crown Prosecution Service.



3.1.40 Defence viewings will not take place without proof being shown of a formal written

request and approval from Crown Prosecution Service.

3.1.41 Requests in relation to a complaint will be dealt with in the normal manner.

Evidence Retrieval

3.1.42 On receipt of a request to download CCTV footage the CCTV Designated Officer will access the Equipment Room and record the fact in the room access register.

3.1.43 The Officer will then identify from the request form the relevant cameras pertinent to the request and record the details of the retrieval in the Recording Register.

3.1.44 Access to the CCTV System is facilitated by individual user passwords on the

Windows XP Operating System.

3.1.45 Once this has been done the system can be searched to identify the required footage and the Master Copy generated in accordance with the system operating procedures.

3.1.46 The Media to be used to create this copy will either be a CD-R or DVD-R [Write Once Read Many (WORM)] and will be dependant on the volume of data required, the number of cameras, and the time duration of the required footage.

3.1.47 Once the Master Copy has been produced the required number of Working Copies can be produced using the Duplicator Machine.

3.1.48 The Master Copy will then be placed in its box and the box sealed and clearly labelled with the unique reference number and exhibit label as appropriate.

3.1.49 The Master Copy will then be stored at the Central Tape library and the working

copies distributed as appropriate.

Intoximeter Procedure

3.1.50 When the initial reception and booking in process has been completed the detainee

should be taken to the Intoximeter Room for the Breathalyser Procedure. The CCTV for this room is not currently operational and the area is not currently covered by audio or visual viewing or recording.

Adverse Incidents – Action to Be Taken

3.1.51 When an Adverse incident within the Custody Suite occurs, which is not ‘relevant to

or evidence of an offence’ the member of staff reporting the event should request that the footage from the appropriate camera is downloaded, where it is considered that it may be required at some future date beyond the retention periods of the CCTV System. Examples of this are below;



� A cooperative, calm and sober detainee is seen to accidentally fall and bang their head causing injury. This footage could be required at any future enquiry.

� A detainee who is sober alleges that they were assaulted in the corridor by the escorting officer. There are no visible injuries. The footage will provide evidence in relation to the investigation and protect the officer from the malicious complaint.

Professional Standards

3.1.52 In circumstances where a routine investigation of complaint or incident within the

Custody Suite is taking place, requests to view or download CCTV footage will be made in accordance with the identified procedure.

3.1.53 Where the incident is of a serious nature or death in custody the nominated member of the Professional Standards Department can perform the role of the Designated CCTV Officer if they are not available to ensure all relevant images are preserved.

Access by Data Subjects

3.1.54 This is a right, which is provided by Section 7 of the Data Protection Act 1998.

3.1.55 Any requests for access by Data Subjects will be referred to the Constabulary Data Protection Officer in the first instance.

Custody Visitors

3.1.56 Custody Visitors will not normally be permitted to view recorded CCTV images within the Custody Suite.

3.1.57 The Home Office “Revised Guidance on Custody Visiting” published in May 2001 states: “The introduction of CCTV into custody suites has raised the question of whether custody visitors should have access to footage. This is ultimately a matter for local discretion, but the Home Office view is that custody visitors should carry out their functions in person and not by viewing either live CCTV pictures or recorded footage. Their role is fundamentally interactive with both detainees and police staff and cannot be discharged remotely. There may also be issues about infringing the privacy of detainees who have not consented to visitors observing them using CCTV. However, where specific incidents or circumstances arise as issues and have been captured on CCTV, visitors might reasonably be allowed access where both the police and the detainee(s) concerned consent”

3.1.58 Although Independent Custody Visitors may not routinely view live custody suite CCTV images, part of their duties includes checking that CCTV systems are functioning. They should be given the opportunity to ensure that systems are working correctly if requested.

3.1.59 In respect of viewing an occupant of a Vulnerable Cell, provided that the consent of the detainee occupying the cell is obtained, Custody Visitors should be permitted to view the custody record and view the live CCTV images of the relevant cell.



Costs

3.1.60 Locating and copying CCTV images is an extremely time consuming and expensive process. Authorised copies are supplied to defence solicitors, or in relation to complaints or civil claims, free of charge in the first instance. Additional copies will be charged at the rate of (£150) for each CD or DVD.

3.1.61 Copies for internal departments, other police forces and prosecuting agencies, Crown Prosecution Service, Courts and IPCC will be supplied free of charge

Records

3.1.62 The custody CCTV System is covered by the Data Protection Act (DPA) and as

such safeguards have to be in place to ensure the integrity of the system. The following forms and procedures are designed to ensure compliance with the DPA.

� CCTV Room Register – A register will be maintained by the Designated CCTV Officer recording details of each occasion the Secure CCTV Room is accessed, by whom and for what purpose. Appendix A sets out the format of this register.

� Recording Register - A Recording Register will be maintained by the Designated CCTV Officer, recording all requests and subsequent action taken, which will include purpose, movement, erasure and destruction of all recordings processed within the secure recording equipment room. Appendix B sets out the format of this register.

� Recording Initial Viewing Request Form - This form will be completed by the

relevant officer investigating an offence in circumstances where they are in doubt as to whether recordings exist that are relevant to the investigation. This procedure is also to be followed by Professional Standards investigating any complaint. Consideration should be given to the retention periods of the relevant cameras when submitting this request. Completed forms will be given a unique reference number and retained by the Designated CCTV Officer. Appendix C sets out the format of this form.

� Recording Release Request Form - This form will be completed by the

relevant officer requesting recordings to be released for evidential purposes. This will then either be identified as ‘used’ or ‘unused’ material for evidential requests. Completed forms will be given a unique reference number and retained by the Designated CCTV Officer. Appendix D sets out the format of this form.

� Maintenance Register - The Custody CCTV Officer will retain a register of all

reported faults in relation to the Custody CCTV System. Appendix E sets out the format of this form.

Unique Reference Number



3.1.63 All media used in the system will be identified by a unique reference number.

Copyright

3.1.64 To ensure that no unauthorised copying or disclosure occurs all recordings will be labelled on issue with the following conditions:-

3.1.65 This video must not be reproduced in whole or in part without the express permission of the Chief Constable. The video has been prepared exclusively as part of the Cheshire Constabulary Custody Closed Circuit Television System. It must not be shown to any audience for profit or gain or disclosed to any party without the express permission of the Chief Constable. It may be a criminal offence to do so.

Retention of Master Copies

3.1.66 A master copy of each recording made from the system should be sent to the Central tape library at Congleton for secure storage. If a criminal investigation results in proceedings being instituted, all material, which may be relevant must be retained at least until the accused is acquitted or convicted or the prosecutor decides not to proceed with the case. (Criminal Procedures Act 1996 - Code of Practice paragraph. 5.7.)

3.1.67 Where the accused is convicted, all material, which may be relevant, will be retained at least until:

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

� six months from the date of conviction in all other cases

3.1.68 If the court imposes a custodial sentence or hospital order and the convicted person

is released from custody or discharged from hospital earlier than six months from the date of conviction, all material which may be relevant will be retained at least until six months from the date of conviction. (Criminal Procedures Act 1996 - Code of Practice paragraph. 5.8)

3.1.69 If an appeal against conviction is in progress when the release or discharge occurs, or at the end of the period of six months specified above, all material which may be relevant will be retained until the appeal is determined.

3.1.70 Similarly, if the Criminal Cases Review Commission is considering an application at that point in time, all material which may be relevant will be retained at least until the Commission decides not to refer the case to the Court of Appeal, or until the Court determines the appeal resulting from the reference by the Commission. (Criminal Procedures Act 1996 - Code of Practice 5.9)




4. Appeals 4.1 Any Member of staff from the organisation may appeal against any part of this

operational procedure and due consideration will be given to any valid representations made which would improve on the processes in place. Appeals to be raised through Custody Leadership team.


5. Review 5.1 This procedure will be formally reviewed after a period of 12 months to assess:

• Its effectiveness in the business area concerned

• Any changes to legislation

• Challenges to the procedure

• Any identified inefficiencies in relation to implementation

• Impact on diversity and equality (High/Medium/Low on the Race Diversity Impact Assessment Template)




Procedure Review Form

Title: Centralised Custody Unit CCTV Procedure Procedure Author: Inspector Mark McLoughlin Tel. Ext.: 6250 Procedure approved by: Linked to Policy: Custody Date Approved:

Procedure Review When was the procedure last reviewed? N/A – new procedure Is this procedure still required? Yes If No, contact the Force Information Centre to

archive the document Could this procedure be consolidated with another?

No If Yes, contact the Business Intelligence Unit to arrange a joint review

Does this procedure involve significant change to working practices that will have a resultant impact on service delivery, budget or operational risk?

No If Yes, inform the Business Intelligence Unit

What forms are linked to this procedure?

Ensure all forms included in the procedure are reviewed. If amendments are required to any forms contact the Force Forms Administrator within Design and Print.

Has the procedure considered the following?

What evidence is in the procedure to support this?

Resource implications No Adherence to this procedure does not affect the current resource levels.

Finance implications No This procedure assists with compliance with PACE, Codes of Practice and SDHP and has no additional financial implications.

IT Service implications No As above, implementation of this procedure does not result in any additional IT requirements.

Policy Owner Sign Off I authorise this procedure for publication / I have forwarded the procedure to an ACPO member for consideration * Delete as appropriate Policy Owner: Signed Date:

ACPO Member Sign Off I authorise this procedure for publication / I do not authorise this procedure for publication

* Delete as appropriate ACPO Member:

Signed Date:



Procedure – Human Rights Review

Human Rights Compliance Assessment List legislation relevant to the procedure: RIPA / PACE / CPIA

Other: SDHP Has any of the legislation / case law changed since the last review?

N/A If No to both questions then previous compliance test stands

Has procedure changed since last review? N/A

As a result of the application of the procedure, which Articles are likely to be infringed? 8 Respect for private and family life Yes

9 Freedom of thought, conscience and religion No 10 Freedom of expression No 11 Freedom of assembly and association No

For each Article infringed, identify the legitimate aim(s) that justify the infringement: Legitimate Aim Article 8 Article 9 Article 10 Article 11

National Security N/A Public safety X Economic wellbeing of country N/A N/A N/A Prevention of crime and disorder X N/A

Protection of public order N/A N/A N/A Territorial integrity N/A N/A N/A Protection of reputation and rights of others N/A N/A N/A Preventing disclosure of information received in confidence

N/A N/A N/A

Maintaining authority and impartiality of judiciary

N/A N/A N/A

Protection of health or morals X

Protection of rights and freedoms of others X N/A

Is the interference the least intrusive option to achieve the identified legitimate aim?

Yes

Is the interference justified and proportionate with regard to the identified legitimate aim?

Yes

Is the interference identified applied in a non-discriminatory manner? Yes Are decision making processes and outcomes of actions documented? Yes

Article 8 – Right to Respect for Private and Family Life – Everyone has the right to respect for his private and family life, his home and his correspondence. Article 9 – Freedom of Thought, Conscience and Religion – Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. Article 10 – Freedom of Expression – Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. Article 11 – Freedom of Assembly – Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.



Procedure – Race and Diversity Impact Assessment

Section A Title of Procedure: Centralised Custody Unit CCTV Procedure

Has a Diversity Impact Assessment been previously completed? No

If Yes, when and was it H/M/L? If No, go to Section B N/A

Has the procedure changed sufficiently to require a further impact assessment?

N/A

If Yes, go to Section B. If No, go to Section C

If no impact assessment has been completed or a further assessment is required, complete the following flowchart to identify whether the procedure has a potentially Low / Medium / High impact and bear in mind the recognised ‘6 strands’ of diversity:

• Minority Ethnic communities including asylum seekers and Gypsies

• Gay, Lesbian, Bisexual and Transgendered members of the community

• Age

• Religion

• Gender

• Disability

Section B Please complete the following flowchart and put an X in the box next to the score you have assigned the procedure:

YES

Is data with minority indicators collected?

Does the procedure only relate to an internal process?

Does the procedure affect staff employment / development?

Is data with minority indicators collected?

YES

NO

YES

Ensure monitoring

procedures are in place and then re-answer the

question

NO

Does the procedure show the potential for discrimination?

MEDIUM

LOW NO

NO

HIGH

YES

Could the procedure be applied with discretion that might discriminate against a minority group?

NO

YES

NO

Does the procedure show the potential for discrimination?

YES

YES

NO

MEDIUM

Could application of the procedure affect community relations?

LOW

NO YES

X

Are all reasonable safeguards and processes in place to ensure any potential discrimination is minimised?

NOYES



If on completion of the flowchart you consider that the initial impact assessment should be raised then please re-grade the impact as High or Medium. Initial Impact Assessment raised?

N/A If Yes then, was it raised to Medium / High

Section C - Race and Diversity Impact Assessment 1. Does this activity present an opportunity

for improving race/community/disability/ age/gender or sexual orientation relations? If so, how?

Yes. The procedure enables conduct and/or incidents in custody to be monitored/investigated in greater detail. Providing independent evidence to reassure all parties of objectivity.

2. Is there public/political concern in relation to race/disability/age/gender/ sexual orientation/community issues attached to this activity? If so, what are those concerns?

Yes. There will be public concern regarding the custody of prisoners, both in relation to their safety and their security. This procedure provides an opportunity to record conduct/incidents in an objective secure manner.

3. What other sources of information have been used in the development of this procedure i.e. HMIC Inspection Reports, Home Office Circulars?

Home Office CCTV Code of Practice 2008.

4. Does the procedure relate to the use of a statutory power? If so, under what circumstance could discrimination be acceptable?

Yes. Discrimination is not acceptable under any circumstance. However, targeted use of CCTV to monitor and protect vulnerable detainees from harm is legitimate following risk assessment.

5. What data collection process exists for this procedure? How is the data monitored to ensure that the impact is not discriminatory or disproportionate? e.g. use of community intelligence. If reviewing the procedure what are the results of the monitoring?

CCTV Data is held on a secure server in a secure room. Only trained and only authorised staff have access to the data. Data is overwritten at set periods unless specifically required to be downloaded for a lawful purpose. Race and diversity data for custody is monitored at a force wide level.

6. What evidence is there that actions to address any negative effects in one area may affect other areas of equality?

None

7. When the Race and Diversity impact assessment has included consultation, who was consulted? (Include a summary of the key points)

Not applicable

8. Has the procedure been altered following the consultation? (Include a summary of the key changes)

Not applicable

9. Has feedback been given to the groups involved in the consultation?

Not applicable

I confirm that this procedure is compliant with the Constabulary’s commitment to Equality and Diversity. Approved by Diversity Advisory Unit Name: Date:



Procedure – Health and Safety

Health and Safety Assessment If required, guidance for this section should be sought from the Force Health and Safety Advisor.

Who will be affected by this Procedure? Police Employees / Public

Are any of the existing generic risk assessments affected by this Procedure?

No

Is a new risk assessment required by this procedure?

No

Does this procedure require revised Health and Safety training for Staff?

No

Does this procedure require revised equipment for Staff?

No

I confirm that this procedure is compliant with Health and Safety legislation and regulations. Approved by the Force Health and Safety Department Name: Date:

Procedure – Quality of Service Commitment

Quality of Service Commitment

The National Quality of Service Commitment sets out the standards and services the public can expect when they make contact with the police. Further information is available on Looking Glass by clicking here

Is it possible that this procedure may impinge upon quality of service and specifically a National Quality of Service Commitment?

No

If YES answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Making it easy to contact us Yes / No Providing a professional and high quality service

Yes / No

Dealing with your initial contact Yes / No Keeping you informed Yes / No Ensuring your voice counts Yes / No Victims of Crime Yes / No Other service commitments Yes / No Complaints Yes / No

What changes, if any, have been made to the procedure to reduce an adverse impact on quality of service?

If the procedure adversely affects quality of service, can it be justified because of the overall objectives?

N/A



Procedure – Victims Code of Practice

Victims Code of Practice

The Code of Practice for Victims is a statutory requirement and establishes the minimum service levels to be given to any person who has made an allegation to be the victim of a crime to the police or has had such an allegation made on their behalf. Further information is available on Looking Glass by clicking here

Is it possible that this procedure may impinge upon the service provided to victims of crime and, specifically, compliance with the Victims Code?

Yes

If YES answer the following questions, for each commitment affected state whether it is in a positive or negative way and give details Persons entitled to receive services under the Code

No

Vulnerable or Intimidated victims No Crime Reporting, Assessment and Victim Support

No

Investigation Yes Positive – the procedure supports continued evidence gathering within the custody environment.

Family Liaison Officers No Arrest and Bail No Decisions to bring Criminal proceedings

Yes Positive – the procedure offers an objective record of a detainee custody period including lawful requests and evidence gathering.

Bailing of Persons to Court No Other disposal methods No Youth Offending Teams No Requests from the Criminal Injuries Compensation Authority and/or the Criminal Injuries Compensation Appeals Panel

No

Information about the Criminal Cases Review Commission

No

What changes, if any, have been made to the procedure to reduce an adverse impact on the service given to victims of crime and to maintain compliance with the Code?

N/A

If the procedure adversely affects the service given to victims of crime and compliance with the Code, can it be justified because of the overall objectives?

N/A If Yes, give details

Procedure – Data Protection

Data Protection



The Data Protection Act applies to personal data. This is defined as information relating to a “living” individual, who can be identified either from the information itself or indirectly by combining the information with other data available. All personal data must be dealt with in accordance with eight Data Protection Principles. I confirm that this procedure is compliant with the Data Protection Act 1998. Approved by Data Protection Officer Name: Date:

Procedure – Freedom of Information

Freedom of Information The Freedom of Information Act 2000 requires that all public authorities develop and maintain a publication scheme. Cheshire has adopted the ACPO publication scheme model. This requires that force policies and procedures are routinely made available to the public on the force website. Approved by Procedure Author (please complete one of the following statements) This document is considered by the Author to be suitable for publication Name: Insp Mark McLoughlin Date: 10.05.11 This document is considered by the author not to be suitable for publication and is exempt in accordance with section(s)............................ of the Freedom of Information Act 2000

Name: Date: Approved by Freedom of Information Officer I confirm that this procedure is compliant with the Freedom of Information Act 2000. Name: Date:

Procedure – Management of Police Information

Management of Police Information (MoPI) The "Management of Police Information" (MoPI) Guidance follows the publication in July 2005 of a Code of Practice on the management of police information developed by the Home Secretary under the Police Act 1996. This Statutory Code was part of the government's response to the recommendations of the Bichard Inquiry into the circumstances surrounding the tragic murders in Soham and was designed to provide a common national framework for the management of police information, highlighting the importance of common standards in high risk areas of activity.

The Force has a duty to be MoPI compliant in all business areas by 2010 and will be subject to HMIC inspection thereafter.

To support this, the procedure has been developed in accordance with the Force Information Management Strategy, MOPI Guidance and Codes of Practice. Further information is available on the Force Information Centre by clicking the above links.

Does the procedure deal with the collecting, recording, evaluating, sharing, retaining or disposal of police information? If so, does it contain documented guidance covering roles and responsibilities? YES

I confirm that this procedure is compliant with the Management of Police Information Guidance 2006 Approved by MoPI Officer Name: Date:



Procedure – Force Solicitor’s Office Vetting Force Solicitor’s Office Procedure Vetting I am also satisfied that this procedure does not disadvantage the Force or place it in a position of legal vulnerability. I have reviewed this procedure and can confirm that in my opinion all engagement of articles from Human Rights Act are lawful, proportionate and necessary. Approved by the Force Solicitor’s Office Name: Date:

Procedure - Risk Management

Risk Management Does the procedure have any impact on organisational risk? Organisational risk includes anything that has the potential to impact upon the Constabulary’s assets, earnings, reputation, performance or personnel. An example of this could be where the Constabulary decides not to adopt national guidance in the application of its procedure. The application of the procedure will reduce risk to the Constabulary.

Procedure – Promotion and Distribution

Promotion and Distribution How will staff be made aware of the procedure?

This procedure will be published through Weekly Orders and a copy placed on the Force Information Centre database and Looking Glass. An e-mail circulation will be provided for Custody Staff and others affected by the procedure along with an entry on the Centralised Custody database.

Documents

CCTV Procedure - Custody - Cheshire Police · CCTV PROCEDURE . NOT PROTECTIVELY ... The CCTV system will provide integrity of evidence, ... 3.1.6 The primary purpose for the installation