Operational partnerships - Searching of premises policy (O02)

1. Security protective marking

1.1. Not protectively marked.

2. Summary of changes

2.1. This policy was reviewed in August 2023 and the following paragraphs were amended:

• 4.4 updated to reflect the move to the electronic Property Management System.

 

3. What this policy is about

3.1. This policy will explain how Kent Police will conduct the search of premises in connection with police investigations.

4. Statement of policy

4.1. Most police investigations will require a search to be conducted in order to protect the public from serious harm or to prevent or detect crime. 

4.2. All police investigations are conducted in accordance with the Authorised Professional Practice (APP) for investigations.

4.3. All searches will be conducted in accordance with relevant legislation, including the Police and Criminal Evidence Act 1984 and Code B of the accompanying Codes of Practice which governs the exercise by police of statutory powers of entry, search and seizure.

4.4. In order to comply with Code B of the Police and Criminal Evidence Act 1984 all premises searches will be recorded; as covered by Search record, form CJ 1803.

Other supporting documentation may include (where each is appropriate):

• search warrant application (an electronic process)
• the electronic Property Management System - an integrated solution for seized, lost and found property, allowing police officers and property officers to electronically handle it recording movement and disposal
• search report, to record full details of the events and deployments of a complex search operation contemporaneously
• exhibit register (form 1603)
• pocket (or electronic) notebooks and statements

4.4.1. All these documents must be kept, used and reviewed in accordance with the General Data Protection Regulation (GDPR) and policy W1012.

4.5. The Counter Terrorism and Security Act 2015 places a duty upon specified authorities (which includes the police) to ensure that their functions are discharged having due regard to the need to prevent people being drawn into terrorism. The contact which all officers and staff have with members of the public provides them with opportunities to identify concerns and trigger the appropriate prevent response to ensure their protection. All staff are reminded of the needs and responsibilities related to terrorism and radicalisation and to trigger the appropriate prevent response. This policy has been reviewed and assessed that the CTSA duties could be relevant. The searching of premises by police officers in the routine course of their duty, presents a real opportunity of early identification for an appropriate Prevent response.

5. Protecting vulnerable people

5.1 Police officers and staff need to ensure every interaction the police have to interact with persons found within a premises is an opportunity to engage, hear their voice, protect and safeguard where appropriate.

5.2 Particular attention is to be given to children and young persons (see ‘Voice of a child’ guidance), as well as any risk of violence against women and girls present (see VAWG Strategy).

5.3 Where officers and staff are required to search premises that are identified as having children or young persons present, the officer supervising the search will appoint a dedicated member of the search team to consider impact and harm relating to any children present.

5.4 The appointed officer should be signified on the form CJ 1803 under the “Officers present during search” section as “(VP)” – vulnerable persons.

5.5 The appointed officer will ensure that the search team are fully aware of the presence of any children present and must consider the impact that any premises search may have on them.

5.6 Officers involved in any search with children or women present must remember that when listening, it is not always the physical voice but exploring the hidden signs i.e. the conditions they are living in, how they present themselves.

5.7 Officer must ensure any safeguarding or welfare concerns around any children or women present are appropriately and accurately recorded and suitable referrals are completed as soon as practicable at the conclusion of a search.

5.8 Should significant concerns become apparent regarding safeguarding and welfare of any children or women present, the officer supervising the search should liaise with the local LPT inspector or VIT DI in the first instance from scene.

 

6. Missing People and Premises Searches

6.1 Every time a person is reported missing, and an investigation commenced, it is highly likely that part of the investigation will include a premises search. This may be a room search, or depending on where the person resides, this may be a search of an entire property, including all outbuildings, sheds, and garages. It is imperative that all searches are conducted lawfully.

6.2 Where advice regarding a premises search is required, officers should seek advice from the local DSU Sergeant. For High Risk missing persons, specialist search advice can be obtained from the on call Police Search Advisor, who should be consulted at the earliest opportunity.

6.3 All searches of premises require the consent of the owner, a person entitled to give permission for the search, or another legal power such as a warrant or powers under PACE. Where missing people are concerned, it is likely that the owner of the property or another person entitled to do so, will give consent to the search.

6.4 In compliance with PACE code B where a consent search is completed during a missing person enquiry an F1803 must be done

7. Application

7.1. Noting 4.4 the below table indicates how documentation must be stored, retained and available to officers, and staff of Kent Police.

7.2. Non-compliance with the use of CJ 1803 renders the force and individual to potential breaches of Code B of Police and Criminal Evidence Act 1984 (PACE).

7.3. The below will be adopted across all divisions – where the Intel DI has responsibility to manage compliance. 

Blank 1803 Search Record Form Collection	The 1803 Search Record Form should be available for collection from each station’s stationary store room for all officers to access when required. Custody areas are likely to also hold them due to PACE authorities to search
Search Authorisation	·       S.18(1) searches to be authorised by Inspector Rank and recorded on the Athena custody record, ·       S.17, S.18(5), S.32 self-authorised by officer dealing. ·       Warrants authorised by Magistrate. ·       With consent which should be properly sought and recorded as per PACE Code B.
1803 Search Record Completion at Address	1803 Search Record must be completed at ALL premises by the appropriate officer on scene. Yellow (‘Notice of Powers & Rights’) copy of 1803 Search Record to be left in a prominent location at the address/vehicle or served to the occupant.
1803 Search Record Submission at Station	·       White copy of 1803 Search Record to be given to the OIC                                              AND ·       A copy forwarded on to the appropriate Divisional Intel Unit by the officer who completed the 1803 Form.
1803 Search Record Upload to Athena	It will be the responsibility of the officer completing the 1803 to scan/load the information from the 1803 Search Record on to the Athena custody record.
Compliance	Divisional Intel Unit Detective Inspector or nominated officer has responsibility for managing compliance of the above policy.

8. Monitoring and review

8.1. This policy will be reviewed annually by the author to ensure that it remains accurate and continues to comply with legislation and national guidance.

8.2. Tactical operations command SLT will be responsible for review in 12 months’ time (July 2024). Recirculation of policy due to any identified potential failing or lessons learnt from IOPC, or judicial review should be expeditious to all officers via inSite or email communication.

9. Equality Impact Assessment (EIA)

9.1. This policy has been assessed regarding its relevance to diversity and inclusion equality. As a result of this assessment the policy has been graded as having a high potential impact.

10. Security

10.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy.

11. Retention and disposal of records

11.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.