Support services - Property policy (U02)

1. Summary of changes

1.1. This policy has been completed rewritten and republished in June 2024. 

Compliance with this procedure/SOP and any governing policy is mandatory.

2.0 What this Policy is About

2.1. This document sets out the policy that Kent Police will follow with regards to Property that comes into its possession to ensure that it meets its legal obligation in the course of an investigation (compliance with The Police (Property) Act 1897 and Police (Property) Regulations 1997).

Compliance with this policy and any linked procedures is mandatory.

3.0 Statement of Policy

3.1. Kent Police will only continue to provide a service to the community by remaining the primary agency in dealing with lost and found property where:

• the find or loss poses a risk to people, property organisations;
• the finder cannot retain the property due to the nature of the article found;
• the item contains or may contain personal data.

3.2. For all lost property, if there is any indication the property may have been stolen rather than lost, normal crime recording procedures should be followed (SOP U02a - Lost Property).

3.3. Where there is a need to seize property, in connection with a criminal offence, the seizing officer or officer in case will ensure that the action taken is lawful, proportionate and justified in conjunction with the following legislation:

• Section 19 Police and Criminal Evidence Act 1984 provides a general power of seizure allowing police officers to seize property where they believe the object was obtained in the commission of an offence or is evidence relating to an offence and the seizure is necessary to prevent the object from being concealed, lost, damaged, altered or destroyed.

• Once the property has been seized Section 22 Police and Criminal Evidence Act 1984 allows the officer to retain the seized property:

- For use as evidence at a trial for an offence
- For forensic examination or investigation in connection with an offence
- In order to establish its lawful owner where there are grounds for believing that it has been obtained in consequence of the commission of an offence.

3.4. Where practicable the officer in case will inform the person, from whom the property has been seized, the reason for seizure and the legal authority under which the property has been seized.

3.5. Kent Police will store the item in such a manner so as to minimise the deterioration effects of long term storage. Any monies seized will be paid into an interest bearing account by the finance department to minimise any loss to the lawful owner of the property as per Joint Procedure S1104 Cash Seizure.

3.6. Once the property is no longer required the force will restore it to the rightful owner as soon as reasonably practicable. The Officer in Case is responsible for supplying a current address for the rightful owner to the property department. The property staff will then send the relevant correspondence as dictated in SOP U02c.

4.0 Implications of the Policy

4.1 Finance / Staffing / Training / Other

4.1.1. There should be no new costs generated by the implementation of this policy.

4.2 Risk Assessment(s)

4.2.1. Some property is inherently dangerous, such as knives, firearms/ammunition, drugs, chemicals and biological matter. A risk assessment must be undertaken by those responsible for property stores and operational officers in collaboration with Health and Safety representatives based on the specific circumstances at the time of handling the property. Generic risk assessments have been produced and are available on the intranet.

Health and Safety Kent (sharepoint.com)

4.2.2. Additional guidance is available from the; Occupational Health Department; Health and Safety Team or Firearms Licensing Department.

4.3 Equality Impact Assessment

An Equality Assessment has been carried out and shows the proposals in this procedure would have no potential or actual differential impact on the grounds of age, sex, disability, race, religion or belief, marriage and civil partnership, sexual orientation, gender reassignment and pregnancy and maternity.

5.0 Monitoring and Review

5.1. This policy will be reviewed every two years by or on behalf of the Head of Business Services to ensure the policy remains accurate and compliant with legislation and remains fit for purpose. It will next be due for review in June 2026.

5.2. Day to day monitoring of the implementation of this policy in each area or department is the responsibility of the Local Policing Area/Department/Division Senior Leadership Teams. The Business Services Manager, together with the Audit and Inspection Team and the Audit and Inspection Officers will be responsible for conducting regular audits and inspections to identify best practice and ensure compliance with this policy.

6. Data Security

6.1. Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy – Policy W01 – Information Management and Technology.

7. Retention & Disposal of Records

7.1. Kent Police will hold data in accordance with the Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review.
The force will only hold data for as long as necessary for the purposes for which we collected. Victims/public should be reminded that Kent Police take the protection of personal data seriously as described in the privacy notice.

8.0 Other Source Documents, e.g. Legislation, Authorised Professional
Practice (APP), Partnership Agreements (if applicable)

• The Police (Property) Act 1897
• Police (Property) Regulations 1997