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Smartwater arrest and Investigation Procedure 1.0 THE POLICY 1.0.1 Cheshire Constabulary is committed to the prevention, detection and reduction of crime and the provision of a fair and equal service to all victims. In support of this, we will maintain a structured framework for responding to the discovery of SmartWater contamination on people or property. This will include arrest, investigation and charging. 1.0.2 To ensure the success of SmartWater criminals must believe that there is a likelihood of them being arrested and convicted if they come into contact with it. Much of the strategy is psychological; it aims to deter the suspect from committing crime. It is widely acknowledged that the greater the risk of being caught, the less likely a crime will be committed. Success depends on staff embracing its use and in convincing criminals of its effectiveness. 1.1. The Aim of the Policy 1.1.1 The Policy aims to introduce clear directives and procedures to ensure that SmartWater is administered efficiently and effectively in circumstances that are necessary, reasonable and proportionate in order to; · Prevent crime and disorder · Make a positive contribution towards the effectiveness of the criminal justice system and thereby reduce the fear of crime and disorder · Target and arrest those responsible for committing crime 1.1.2 Cheshire Constabulary will continue to support and maintain partnerships with other agencies in order to address crime and disorder and promote community safety. 1.2. Policy Individual Roles and Responsibilities 1.2.1 That the guidance and procedures relating to the roles and responsibilities of police officers and police staff contained within Section 2 of this document are Constabulary policy. 1.2.2 It is the responsibility of Basic Command Unit (BCU) Commanders and Departmental Heads to ensure that staff comply fully with the policy.

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Smartwater arrest and Investigation Procedure

1.0 THE POLICY

1.0.1 Cheshire Constabulary is committed to the prevention, detection and reduction of crime and the provision of a fair and equal service to all victims. In support of this, we will maintain a structured framework for responding to the discovery of SmartWater contamination on people or property. This will include arrest, investigation and charging. 1.0.2 To ensure the success of SmartWater criminals must believe that there is a likelihood of them being arrested and convicted if they come into contact with it. Much of the strategy is psychological; it aims to deter the suspect from committing crime. It is widely acknowledged that the greater the risk of being caught, the less likely a crime will be committed. Success depends on staff embracing its use and in convincing criminals of its effectiveness. 1.1. The Aim of the Policy 1.1.1 The Policy aims to introduce clear directives and procedures to

ensure that SmartWater is administered efficiently and effectively in circumstances

that are necessary, reasonable and proportionate in order to; · Prevent crime and disorder · Make a positive contribution towards the effectiveness of the criminal justice system and thereby reduce the fear of crime and disorder · Target and arrest those responsible for committing crime

1.1.2 Cheshire Constabulary will continue to support and maintain

partnerships with other agencies in order to address crime and disorder and promote

community safety.

1.2. Policy Individual Roles and Responsibilities 1.2.1 That the guidance and procedures relating to the roles and responsibilities of police officers and police staff contained within Section 2 of this document are Constabulary policy. 1.2.2 It is the responsibility of Basic Command Unit (BCU) Commanders and

Departmental Heads to ensure that staff comply fully with the policy.

2.0 GUIDANCE/ PROCEDURES/TACTICS

2.1 Reasons Why This Policy Is Needed

2.1.1 To formalise the procedure throughout the Cheshire Constabulary in relation to the

arrest, detention, investigation and charging of suspected SmartWater related offences.

2.1.2 To provide practical guidance to all staff engaged in custody duties. 2.1.3 To give clear guidance to Crime Scene Investigators on the correct procedures for evidence retrieval in relation to:

i) scene examination ii) suspect examination iii) property examination iv) photographic/video processes

2.2 Definitions

2.2.1 What is it? SmartWater Technology Limited is an accredited organisation: holder of the ‘Secured by Design’ mark, which is awarded by ACPO Crime Prevention Initiative. The product is a harmless cocktail of chemicals. Each batch is unique and similar in concept to a DNA forensic fingerprint. The product is purchased by individual householders, schools or businesses and registered on the SmartWater database. Alternatively police forces and crime reduction partnerships can operate community run schemes.

There are two types of product applications used in Cheshire Constabulary schemes.

2.2.2 Index Solution

Designed to harmlessly contaminate offenders, SmartWater solution may be contained within spray systems, normally linked to an alarm protecting premises or used in proactive crime initiatives. When the suspect triggers the alarm or sensor then the spray system is activated, marking the suspect. When scanned under ultra – violet lamp the product will illuminate a bright green/yellow.

Application: · Used to support covert intelligence operations · Used as part of a commercial burglar/attack alarm system · Sprays intruders / attackers with an ‘invisible’ solution · Can be set to different spray patterns to suit application.

2.2.3 Tracer

Designed to identify property, including jewellery, electronic goods and sensitive items. It is virtually invisible to the naked eye and almost impossible to remove completely. If the property is stolen and then recovered it will fluoresce when scanned by ultra - violet light. The property will be swabbed and sent to the laboratory where it can be linked to its rightful owner. Application:

· Sold various sized bottles with brush applicator · Suitable for outdoor use

2.3 Operational Procedures 2.3.1 Cheshire Constabulary has purchased ultra - violet light equipment: fixed units are sited in the three custody suites; portable lamps have been provided to all Neighbourhood Policing Units, Proactive Policing Teams, Crime Scene Investigators, Property Officers and Helpdesk staff. This equipment will be used proactively to identify stolen property and those people involved in criminal activity.

2.3.2 Stolen Property Identification

2.3.3 Officers engaged in routine patrol duties and proactive operations will

use the ultra - violet lamps at their disposal to scan items of property in the possession of members of the public i.e. during street based stop and search activities or while executing search warrants in order to identify stolen property.

2.3.4 Any item of property marked with SmartWater will fluoresce Green-

Yellow under ultra - violet light. Officers who identify suspect property by this means must make all necessary enquiries to ascertain whether the individual is in legitimate possession.

2.3.5 Where an officer, having conducted all reasonable enquiries to establish legitimate possession, is satisfied, that the individual is in

lawful possession they will return the property and complete the relevant documentation in accordance with force procedures.

2.3.6 Arrest: see attached flow chart. (Appendix A) 2.3.7 Suspicious Property 2.3.8 Where an officer, having conducted all reasonable enquiries to

establish legitimate possession, is not satisfied that the individual is in lawful possession and having considered the requirements of the Serious and Organised Crime and Police Act, 2005 shall arrest the person on suspicion of theft or handling stolen goods.

2.3.9 Suspect Identification 2.3.10 People exposed to SmartWater spray activations will fluoresce

Green-Yellow under ultraviolet light. SmartWater contamination will show on skin, hair, clothing, footwear and jewellery. Officers who identify a person in these circumstances must make all necessary enquiries to ascertain how the individual became contaminated.

2.3.11 Where an officer, having conducted all reasonable enquiries to establish how the individual(s) became contaminated, is not satisfied and suspects that an indictable offence has been committed then, having considered the requirements of the Serious and Organised Crime and Police Act, 2005 shall, in the absence of any facts identifying a particular crime, arrest the person(s) on suspicion of burglary, theft or theft of a motor vehicle.

2.3.12 Whilst the use of SmartWater technology is primarily deployed to combat

acquisitive crime, it may also be used during the intelligence lead investigation of race and hate crime and domestic violence offences.

2.3.12 Officers must always comply with Force Policy in relation to gathering and ensuring the integrity of forensic evidence, this policy must be adhered to with any incident involving SmartWater: SmartWater will dry at the same rate as water and once dry it is not transferable however cross contamination issues should be considered; persons suspected of committing the same offence should be kept apart at all times and officers who have been in contact with one suspect should not come into contact with any other suspects.

2.4. Custody Procedure

2.4.1 On arrival at a custody facility all detainees will be processed in accordance with the Police and Criminal Evidence Act, 1984, Codes of Practice for Detained Persons and will also be subject to the SmartWater custody procedure.

2.4.2 Notwithstanding the reason for arrest detainees will be subject to the

SmartWater scanning procedure. 2.4.3 It is essential that the SmartWater procedure is fully documented on

the custody record, including the time the detainee was subjected to the ultra violet light scanning process. In the case of the 35 Watt spot lamp, the distance between the detainee and the lamp must be recorded together with the exposure time.

2.4.4 During the initial custody recording process, the suspects personal

property including belts and shoe laces will be scanned using the 26 Watt blacklight provided at the Custody Sergeants’ terminal (headgear and gloves should also be scanned at this point).

2.4.5 Each Area Custody facility search room is fitted with fixed ultra violet

lighting. These lights are operated via a timer switch on the inside of the room. Once pressed the normal lighting in the room will be turned off and the ultra violet lights will illuminate for 30 seconds. During this time the Detention Officer will instruct the detainee to turn slowly through 360 degrees.

2.4.6 In the event of a violent detainee they will be taken straight to a cell and the SmartWater scanning procedure will be carried out later at an appropriate time. The detainee will then be taken to the search room and scanned under ultra violet light for traces of SmartWater contamination. 2.4.7 Detainees who refuse to take part in the process will (after the initial custody procedure) be placed into a cell and scanned for SmartWater using the portable 35 Watt spot lamp provided. This scanning process will be conducted through the cell hatch or from the door threshold and the officer carrying out the procedure will be responsible for recording:

· Time of scan · Length of scan · Location of detainee within the cell · Location of the officer/person using the ultra - violet spot lamp

2.4.8 If there is evidence of SmartWater contamination on the detainee this fact will be brought to the attention of the Custody Sergeant who will consider

whether it is necessary to require the detainee to be taken to the search room and scanned more thoroughly.

2.4.9 In the event of SmartWater contamination being found on the detainee

the initial arresting officer (if not present a member of the Criminal Investigation Unit) will request an account from the detainee and if not

satisfied, having considered the requirements of the Serious and Organised Crime and Police Act 2005 shall, in the absence of any facts identifying a particular crime, arrest the person(s) on suspicion of burglary, theft or theft of a motor vehicle.

2.4.10 In the event of SmartWater contamination being found on a detainee’s

property the initial arresting officer (if not present a member of the CIU) will request an account from the detainee and if not satisfied, having considered the requirements of the Serious and Organised Crime and Police Act 2005 shall, in the absence of any facts identifying a particular crime, arrest the person(s) on suspicion of theft or handling stolen goods.

2.4.11 Detainees who have had property seized as a result of SmartWater

contamination will at the point of charge or ‘refuse charge’ be issued with the a letter (Appendix 7) outlining the potential for re-arrest should the afore mentioned property be returned to them in the future and they are then subject to any investigation. The letter will be signed and counter signed by the detainee and custody officer and a copy attached to the custody record.

2.5 Interviews 2.5.1 All detainees arrested as a result of SmartWater contamination (either

having it on their person or property) will be formally interviewed under the Police and Criminal Evidence Act, 1984 to secure and preserve evidence of an offence. When appropriate, interviewing officers will use ‘Special Warnings’; under Section 36 and 37 of CJA 1994. In the absence of any further evidence, the detainee will then be bailed 47(3) in order that the SmartWater contamination found can be forensically examined.

2.6 Taking samples 2.6.1 All samples, clothing or items of seized property requiring forensic

analysis will be sent to and examined by SmartWater Technology LTD using the Cheshire Constabulary Forensic Form MGFSP 200255A/B/C in accordance with standard investigative procedures.

2.6.2 SmartWater samples will be taken from the detainee, their clothing or property using powers to take a non intimate sample.

2.6.3 If a detainee has traces of SmartWater contamination on their person,

clothing or property the duty Crime Scene Investigator (CSI) will be contacted and photographic evidence obtained to capture the spray pattern or markings. Clothing will be seized by the duty detention officer (if necessary prior to the arrival of the duty CSI) and will become the detention officer’s exhibit however; it is the responsibility of the Officer in Charge of the case to ensure that all exhibits are forwarded to SmartWater Technology LTD for analysis in accordance with standard Force procedures

2.6.4 The duty CSI is responsible for obtaining samples of SmartWater from the detainee, and if necessary clothing or property. These will be the CSI’s exhibit however; it is the responsibility of the Officer in Charge of the case to ensure that all exhibits are forwarded to SmartWater Technology LTD for analysis in accordance with standard Force procedures

3.0 Risk assessments and health and safety considerations 3.1.1 SmartWater is not classified as hazardous to health as its components

are either none hazardous or present at such a low concentration that they do not represent a hazard according to relevant UK/EEC legislation.

3.1.2 SmartWater will stick to surfaces with which it comes into contact and it is on this basis the use of gloves and some form of eye protection is recommended.

3.1.3 Wet surfaces present a slip hazard. Officers must be aware if entering

premises where SmartWater activation has taken please and ensure that effective control measures are put in place.

3.14 All operators of ultra violet lighting equipment will need to recognise that the general population contains individuals with a range of sensitivities to ultra violet rays. It is known that for example that the sensitivity of skin the ultra violet rays depends on the person’s skin type.

4.0 Specific instructions, tactics, methods, practices and procedures 4.1.1 Police officers should always be able to justify their actions by having a

legal and objective basis for their decisions. Such use should be proportionate to the situation having regards to their powers under the Serious and Organised Crime and Police Act, 2005. Prior to making an arrest officers must apply the necessity test and have reasonable grounds for believing that the person’s arrest is necessary to prevent: · loss/damage to property · allow prompt and effective investigation of an offence · prevent any prosecution being hindered by disappearance of a suspect

4.1.2 In the event of an officer arresting a suspect in connection with a SmartWater related offence, where possible the officer should outline the nature of that offence i.e. suspicion of burglary at a specific location, however in the absence of any clear evidence linking the offender to a particular crime the officer should arrest the suspect on suspicion of committing an indictable offence and explain that the indictable offence is either one of burglary, theft or theft from a motor vehicle. The officer will then outline in clear terms the SmartWater screening, identification, investigation and analysis process. This process will be carried out in order to identify as soon as possible the particular crime, of the three offences, the detainee is under suspicion of committing. 4.1.3 The suspect will be told:

· What SmartWater is, how suspicious contamination or possession of suspect property may have occurred

· The procedure required in order to establish whether the suspect or suspects property is unlawfully contaminated with SmartWater

· That SmartWater samples will be taken and where necessary property seized and sent for analysis

· That the suspect will be interviewed under PACE to obtain a first account

· That in the absence of any further information following arrest and interview Force Policy is to bail the suspect pending the analysis results.

4.1.4 Detention Officers – Will scan detainees, their property and where

necessary seize/preserve evidence in accordance custody procedures.

4.1.5 Crime Scene Investigators – Will video/photograph detainees under normal and ultra violet lighting conditions; obtain SmartWater samples from detainees and where necessary clothing and or property.

4.1.6 Interviewing Officer – Will obtain a first account from the detainee in particular clarify how and when they, their clothing or property have became contaminated. In the event of an unsatisfactory reply then the use of a special warning should considered.

4.1.7 Officer in charge of the Case – Is responsible for ensuring that all evidence is preserved securely, exhibited correctly and made available for forensic analysis.

4.1.8 In order to prevent/ minimise the sale of contaminated retail items, equipment, appliances, goods etc: when fitting covert spray systems, officers will have particular regard to the sighting of the spray nozzles.

5.0 Related protocols, practices or service agreements with other agencies

5.1.1 There are no protocols or service agreements with other agencies.

6.0 Administration 6.1.1 There is no additional administration associated with this policy other

than that identified. Appendicis 1-5 contained below

7.0 SUPPORTING INFORMATION 7.1.1 The Origins / Background Information 7.1.2 The principle aim of the Constabulary is to reduce crime and disorder. This strategy has been developed to assist that aim through pro-active and re-active interventions. 7.1.3 Utilising the processes introduced by the National Intelligence Model, crime pattern analysis will be conducted to identify geographical and individual targets. 7.1.4 SmartWater technology provides police officers with direct evidence of a suspects involvement in a particular crime. It can also provide powerful supportive evidence through marks left at the scene by offenders. 7.1.5 The purpose of this policy is to provide guidance to police personnel engaged in the arrest and/or investigation of suspected SmartWater related offences. 7.2.1 Motivators/driving forces 7.2.2 There is no existing policy relating to this business area. 7.2.3 The introduction of the Force’s SmartWater strategy has necessitated development of operational practice relating to the arrest and investigation procedures where SmartWater contamination is suspected.

7.3.1 The legal basis and legitimate aims 7.3.2 For the implementation of this policy, the following legislation is of relevance:

· The European Convention on Human Rights (ECHR) which has been given legal effect by virtue of the Human Rights Act 1998; · Freedom of Information Act 2000 · The Race Relations Act 1976; · The Race Relations (Amendment) Act 2000; · The Disability Discrimination Act 1995; · The Crime and Disorder Act 1998 · Serious Organised Crime and Police Act 2005 · Police and Criminal Evidence Act 1984

7.3.3 The legitimate aims of the policy are:

· The prevention of crime and disorder, · The interests of public safety, · The protection of rights and morals, and · The protection of the rights and freedoms of others.

8.0 IMPLICATIONS OF THE POLICY 8.1.1 Financial Implications / Best Value 8.1.2 The introduction of this strategy will enable the Constabulary to take advantage of new technology in order to reduce crime and benefit from the resultant savings made in reduced investigative and associated costs. 8.1.3 The initial cost of the strategy has been funded by: a one off payment from the Government Office of the North West; individual contributions from the eight Crime and Disorder Reduction Partnerships in the Constabulary area. These payments have enabled the purchase of all necessary equipment, however the maintenance and replacement costs will be covered by existing Area and Forensic Department budgets. 8.1.4 Initial training has been provided free by SmartWater and UV Light Technology. Subsequent training has been developed and will be delivered by Constabulary trainers from existing training budgets. 8.2 Human Resources/Training/Health & Safety 8.2.1 There are no additional human resource implications. 8.2.2 Consultation has been undertaken with the Learning and Development Department. Both the SmartWater company and UV Light Technology have been contracted to supply free training sessions to members of staff and provide the LDD with the relevant training materials. As a result this department has prepared a corporate training package which is to be introduced into the areas training cycle. 8.2.3 Consultation has been undertaken with the Force Health and Safety Advisor in respect of the use of ultra violet radiation equipment. Necessary advise and guidance for the safe use of such equipment has been included in the training programme. Signature Head of Human Resources: Signature Head of Training: Signature Principal Health & Safety Advisor: 8.3 Information Management

8.3.1 The policy does not have any impact on information management and data storage as part of the SmartWater Strategy uses existing templates and working practices. 8.4 Strategic Considerations / Links With Corporate Projects 8.4.1 This policy does not impact on any strategic considerations or corporate projects. 8.4.2 The Constabulary has formed an executive strategic group which has provided the corporate steer to advise the Command Team, Managers and Practitioners. Partnership Chief Inspectors representing each of the Constabulary Areas perform a key role in the consultation with Partners. Each of the eight Crime and Disorder Partnerships served by the Constabulary has been consulted and have provided both financial and practical support to the project. 8.4.3 The aim of the policy is to reduce and prevent acquisitive crime, domestic violence race and hate crime and the fear of crime all of which are key priorities for the Constabulary and the Crime and Disorder Partnerships. 8.5 Environment 8.5.1 The SmartWater Tracer Solution has no impact on the environment. 8.6 Property / Security Issues 8.6.1 The Force Command Team storage facility will release estate to the Constabulary and provide enhanced and auditable security arrangements for the storage of the policy, exhibits and files. 8.7 Strategic Plan/ Business Plan 8.7.1 This policy supports the following Strategic Aims of the Corporate Plan 2005 – 2008:

· Strategic Aim 1 – Reducing Crime · Strategic Aim 2 – Investigating Crime · Strategic Aim 5 – Citizen Focus · Strategic Aim 6 – Resource Usage

8.8 Internal Policy Links

8.8.1 This policy is linked to those covering Minimum Standards of Investigation for burglary, vehicle crime, domestic violence and race and hate crime. Equality and Diversity. 8.9 Consultation 8.9.1 The policy has been sent to the following for consultation:

· Force Solicitor · Federation / Staff Associations · Divisional Commanders · Head of Departments · Head of Information Management · Head of Finance · Head of Training and Development · Head of Human Resources · Force Health and Safety Advisor · Force Records Manager · Force Diversity Unit · Principal Administration Officer · Outside Agencies

9 EQUALITY AND DIVERSITY 9.1.1 The policy was audited using the force approved Race Relations Impact Assessment Template, in March, 2006 by Paul Matthews.

9.2 Priority Given To The Policy Against The Race Relations (Amendment) Act 9.2.1 The policy was graded as: 9.3 Ethnic Monitoring 9.3.1 Ethnic monitoring is to be included as a result of this policy and the 18 + 1 self classification code will be used for all persons who are subject to street based stop and search and/or arrested in connection with illicit SmartWater contamination. 9.4 Certification Of Compliance 9.4.1 “I hereby certify that this policy has been assessed for relevance to the Race Relations (Amendment) Act 2000 and consideration given to the Constabulary’s Equality and Diversity Policy. Attention has been given to what positive action can be taken to promote race equality, with particular focus on how the policy can eliminate unlawful racial discrimination, together with positively promoting good race relations and equality of opportunity. The policy has been found to be relevant and fully compliant.

10 HUMAN RIGHTS CONSIDERATIONS / CERTIFICATION 10.1 Auditing For Potential Interference And Discrimination 10.1.1 Have the contents of this policy (and any attendant powers, authorities and directions contained within it) been audited for potential interference with an individuals rights?

· Article 5: right to liberty and security of the person. · Article 8 right to privacy · Article 14 prohibition of discrimination

10.1.2 Have the contents of this policy been audited for the potential for it to be discriminatory, in relation to the application or provision of such rights? Yes - In the application of this policy the Police Service/Force/Constabulary will not discriminate against any persons regardless of sex, race, colour, language, religion, political, or other opinion, national or social origin, association with national minority, property, birth, or other status as defined under Article 14, European Convention Human Rights (ECHR) 10.2 Key Human Rights Principles 10.2.1 Does the policy contain a statement explaining the legal basis for the policy (and any attendant powers, authorities or direction given within it)? Yes – the policy states that the legal basis lies within the following areas:

. Domestic law: Serious Organised Crime and Police Act, 2005,The Police and Criminal Evidence Act, 1984, and The Criminal Justice and Public Order Act, 1994); . Common Law (such as the protection of life and property, and preventing breaches of the peace); . The European Convention on Human Rights (ECHR) which have been given legal effect by virtue of The Human Rights Act 1998.

10.2.2 Does the policy provide details of what could be considered as a legitimate aim(s) for the potential interference with an individuals rights by virtue of exercising the policy and its attendant powers, authorities or directions?

10.2.3 The legitimate aims in respect of this policy, for interfering with an individual’s rights, have been identified and considered as necessary for the following reasons: - preventing crime and disorder; public safety; protecting the rights and freedoms of others. 10.2.4 Are supervisors and practitioners made aware of the need to follow a clearly defined decision making process in considering all information, and deciding on courses of action? 10.2.5 Yes – the policy provides staff with clear guidance and procedures in ensuring that their actions are justified and proportionate, having considered the least intrusive and damaging options, in seeking to achieve the legitimate aims (reference Section 2 of the document). 10.2.6 Is it explicit within the policy what the minimum standards are in relation to the documentation of such decision making? Yes – the policy clearly defines the need to document decision making processes and outcomes of each action (reference section 2). 10.2.7 Does the policy provide staff with clear guidance on establishing:

· The legal basis of their action? · The aims of their actions (legitimate aims can only be established by virtue of the exemptions and derogation’s given in the Act)? · Whether their actions are justified and proportionate in seeking to achieve their aims(s)? · Whether the intended action is the least intrusive and damaging option to achieving the aim(s)? · The need to document clearly the decision making processes and outcomes of action?

10.2.8 Yes - The legal basis for the arrest, detention and treatment of detained persons is to be found in the Serious Organised Crime and Police Act, 2005 and the Police and Criminal Evidence Act, 1984 and the relevant codes of practice. 10.3 Delineating Between Policy and Tactics 10.3.1 Does the policy incorporate police tactics that would make it impractical to publish the contents (due to publication requirements it is suggested that tactical material is capable of separation from the policy documentation for security reasons). 10.3.2 No – the policy is suitable for full public disclosure.

10.4 Rights, Publication, Audit and Inspection. 10.4.1 This policy is suitable for full public disclosure. 10.4.2 Persons affected by the exercise of powers, directives or actions under this policy have the right to make representations and / or challenges and / or appeals to the decisions involved via judicial processes (e.g. Civil law) and / or non-judicial processes (e.g. internal management, grievance or police compliant procedures). 10.4.3 The policy will be made available via the Constabulary’s methods of public access. 10.4.4 A person who claims that a public authority has acted (or proposes to act) in a way which is unlawful under the Human Rights Act 1998, may bring proceedings against the authority under the Act in the appropriate court or tribunal. Or the person may rely on the Convention right or rights concerned in any legal proceedings if they are a victim (or would be) of the alleged unlawful act. 10.4.5 Concerning the maintenance of audits and inspections of decision making in relation to this policy, it is recommended that existing levels of management are sufficient to monitor and inspect the individual decision making processes and required documentation of officers applying this policy. The policy seeks to highlight the importance of properly checking, validating and auditing processes (reference section 2). 10.4.5 Concerning the levels of independent scrutiny of decision making and complaints, it is recommended that, depending on the circumstances of each particular case, the following provisions are available;

¨ Existing levels / structures of management ¨ Grievance, complaints and disciplinary procedures ¨ Police Complaints Authority ¨ Courts and tribunals ¨ Staff associations

10.5 Certification Of Compliance

10.5.1 Consideration has been given to the compatibility of this policy and related procedures with The Human Rights Act; with particular reference to the legal basis of its precepts; the legitimacy of its aims; the justification and proportionality of the actions intended by it; that it is the least intrusive and damaging option necessary to achieve the aims; and that it defines the need to document the relevant decision making processes and outcomes of action. 10.6 Legal Vetting 10.6.1 The policy has been subject to legal vetting for Human Rights compliance by the Force Solicitor: Signature Force Solicitor: Date: 10.7 Policy Review Date 10.7.1 The formal policy review date will be 12 months from the date when the policy is ratified.

11.0 PROMOTION / DISTRIBUTION 11.1.1 This policy and procedural guidance will be published on the Force Policy database (Crime Management – General Crime Investigation). 11.1.2 This policy and procedural guidance will be published on the Force Policy database and disseminated via Weekly Orders to all members of staff. 11.1.3 This policy is suitable for full public disclosure and will be made available via the Constabulary public access arrangements, in its unedited version. 11.1.4 It is the responsibility of BCU Commanders and Departmental Heads to ensure that staff comply fully with the policy and that staff receive the correct level of training relative to the posts they hold.

12.0 MONITORING / REVIEW 12.1.1 The Deputy Chief Constable, Force Command Team will monitor the implementation of this policy via the action manager – Detective Inspector Force Burglary Co-ordinator 12.1.2 The Detective Inspector Force Burglary Co-ordinator has a core duty to monitor the policy and its implications on an ongoing basis. 12.1.3 The policy is also monitored through victim and customer satisfaction surveys, internal diversity groups and the Race Equality Scheme.

13.0 REVIEW 13.1.1 This policy will be reviewed 12 months after the date when it is formally ratified. However, the policy will be reviewed at an earlier date in the event of changes in legislation. 13.1.2 At the time of developing the Strategy, SmartWater Technology Limited was the only product which had Secure by Design accreditation for its property marking and covert spray products however, a 2nd company has now received Secure by Design accreditation for a similar property marking product. 13.1.3 In deliberating how best to develop and expand the Force wide coverage of forensically coded property marking and covert spray marking products; consideration should be given to the possible introduction of new technology by other companies into this particular area, however, companies must be abler to demonstrate the effectiveness of any new products, procedures and systems to the satisfaction of the Cheshire Constabulary before inclusion within the Force SmartWater policy. 13.1.4 The 12 month review period will be utilised to consider whether any other product or technology should be included within this policy and at that juncture a revision of the policy name would be required.