Crime and intelligence - Evidential capture, management and presentation policy (S1400)

1. Summary of changes

1.1. This policy was reviewed in February 2023 - no amendments to content have been made. 

2. What this policy is about

2.1. This policy provides overarching direction and guidance on the capture, management and presentation of evidence in an investigation.

2.2. It emphasises the importance of providing a quality and timely case file to the Crown Prosecution Service so that it can be prepared fully and delivered robustly at court.

2.3. This policy sets out Kent Police's expectations around giving evidence at Court and our commitment to delivering a first class service to victims and witnesses in line with our mission, vision, values and priorities.

Compliance with this policy and any linked standard operating procedures is mandatory.

3. Statement of policy

3.1. Evidence is that which tends to prove or disprove a fact in issue. The search for evidence is at the heart of everything Kent Police do and is the means by which we tackle crime, catch offenders and deal with anti-social behaviour. We must demonstrate the highest standards of integrity and professionalism when collecting evidence and presenting it at court. The consequences of not doing so will harm the reputation of Kent Police.

3.2. Bringing offenders to justice requires us to find evidence that is relevant, admissible and of sufficient weight to secure a realistic prospect of conviction. Our search for evidence must adhere to the national decision model and the standard operating procedures related to this policy.

3.3. We must endeavour to get it right 'first time' and use all available technology to provide 'swift' justice and value for money to the public. Providing a case file of sufficient quality and in good time will allow the Crown Prosecution Service (CPS) to present the case effectively at Court. We must work closely with the CPS to ensure the right decisions are made so that victims receive the outcomes they deserve. It is important to understand that when giving evidence at Court you are representing Kent Police. It is therefore essential that you prepare fully and act professionally at all times.

3.4. Throughout the journey of an investigation we must put victims and witnesses first. Officers and staff will comply fully with their statutory obligations under the Victims' Code (2020) and the Kent Police Victim and Witness Strategy 2020.

4. Implications of the policy

4.1. Finance/staffing/training/other

4.1.1. No financial or staffing implications have been identified in the creation of this policy.

4.2. Risk assessment

4.2.1. This policy has been assessed as medium risk.

4.3. Equality Impact Assessment (EIA)

4.3.1. An EIA has been carried out and shows the proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Consultation

• Learning and Development
• Local Divisional Policing
• Finance
• IT Security
• Estates
• Human Resources
• Health and Safety
• Legal
• Freedom of Information
• Equality and Diversity 

6. Monitoring and review

6.1. This policy will be monitored by the policy owner who has strategic oversight of evidential capture issues.

6.2. Adherence to this policy should form part of any operational standards regime. 

6.3. This policy will be reviewed every two years with the next review scheduled for February 2025.

7. Other source documents

None listed.

8. Security

8.1. Kent Police has measures in place to protect the security of your data in accordance with our Information Management policy (Policy W1000 – Information Management).

9. Retention and disposal of records

9.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy (Policy W1012 – Records Review, Retention and Disposal).