st helens council cctv procedures manual
TRANSCRIPT
St Helens CCTV Scheme
St Helens CouncilCCTV
ProceduresManual
Contents
Declaration of Confidentiality pg 3
Preface pg 4
Amendments / Document Updates. pg 5
Section 1 Introduction and Administration. pg 6
Section 2 Human Resources. pg 7
Section 3 Emergency Procedures pg 10
Section 4 Control and Operation of C.C.T.V. System pg 11
Section 5 Protocol for Police Airwave Radio pg 14
Section 6 Access to, and Security of Control Room / Equipment. pg 15
Section 7 Protocol for Regulatory of Investigatory Powers Act 2000 pg 17
Section 8 Management of Recorded Images. pg 21
Section 9 Observed Occurrences / Incidents - Action to be taken. pg 24
Section 10 Fault Reporting. pg 25
Appendices
A Extracts from the Police and Criminal Evidence Act 1984 pg 26
B The Criminal Procedures and Investigations Act 1996 pg 27
C Request for Copy of Incident pg 30
D Control Room Image Supply Register pg 31
E Incident Log pg 32
F Merseyside Police - Graded Response Policy pg 33
Declaration of ConfidentialitySt Helens CCTV Scheme
I,........................., am retained by St Helens CCTV Scheme ,to perform the duty of CCTV Control Room Operator. I have received a copy of the Code of Practice in respect of the operation and management of that CCTV System.
I hereby declare that:
I am fully conversant with the content of that Code of Practice and understand that all duties which I undertake in connection with St Helens CCTV Scheme must not contravene any part of the current Code of Practice, or any future amendments of which I am made aware. If now, or in the future, I am or become unclear of any aspect of the operation of the Scheme or the content of The Code of Practice, I undertake to seek clarification of any such uncertainties.
I understand that it is a condition of my employment that I do not disclose or divulge to any individual, firm, company, authority, agency or other organisation, any information which I may have acquired in the course of, or for the purposes of, my position in connection with the St Helens CCTV Scheme, verbally, in writing or by any other media, now or in the future, (including such time as I may no longer be retained in connection with the CCTV Scheme).
In appending my signature to this declaration, I agree to abide by the Code of Practice at all times. I also understand and agree to maintain confidentiality in respect of all information gained during the course of my duties, whether received verbally, in writing or any other media format - now or in the future.
I further acknowledge that I have been informed and clearly understand that the communication, either verbally or in writing, to any unauthorised person(s) of any information acquired as a result of my employment with St Helens CCTV Scheme may be an offence against the Official Secrets Act of 1911, Section 2, as amended by the Official Secrets Act of 1989.
Signed: ..........................................Print Name: ........................................
Witness:..........................................Position: .............................................
Dated this...................................day of ..................................(Month) 20.....
Preface
Closed Circuit Television has become increasingly popular in the UK. It is arguably one of the most powerful tools to be developed during recent years to assist with efforts to combat Crime and Disorder, whilst at the same time enhancing community safety. Equally, it may be regarded by some people as the most potent infringement of their liberty.
If users, owners and managers of CCTV systems are to command the respect and support of the public they serve, then the system must be used with the utmost probity and integrity at all times, the system must be used in a manner that stands up to scrutiny and is accountable to the people we are aiming to protect.
This Procedural Manual, in conjunction with the Codes of Practice, is intended as far as is reasonably practicable, to safeguard the integrity of the CCTV system, whilst ensuring the right to privacy is not breached.
This Procedural Manual is intended to be a living document.
Amendments / Document Updates
First Version July 2005
Second Version July 2014
Section 1 Introduction and Administration
A closed circuit television system is a set of equipment and procedures designed to collect and process information. Regardless of the complexity or simplicity of the system, its effectiveness will depend entirely on the management of that information. This Procedural Manual should be read in conjunction with the Codes of Practice. It is intended as a reference guide by offering procedural guidance and instruction on all aspects of the operation of the system; it is based upon the content of the Codes of Practice and the Operators Training Manual.
Ownership
The St Helens CCTV Scheme has evolved from the formation of a partnership between St Helens Council, Merseyside Police and St. Helens Town Centre Partnership. For the purposes of this document the owner of the system is St Helens Council. However St. Helens Council and Merseyside Police share joint responsibility as Data Controllers. The Head of Security Services is the single point of reference.
Maintenance
The maintenance of the system in its entirety is the sole responsibility of the current maintenance contractor Section 9, pg 23, of this manual includes details of the action to be taken in the event of service being required. A log of all requests for service and subsequent results will be maintained by the Deputy Head of Security Services.
Time and Date Accuracy
Operators should note the accuracy of the time and date displays at the commencement of each tour of duty. All staff must ensure an email is sent to the Deputy Head of Security Services of any discrepancies found.
CD-R / DVD Discs
CD-R and DVD disc will be supplied by a recognised distributor and be of high quality and handled in accordance with the Code of Practice and this manual.
Communication
Various forms of communication are provided within the CCTV Control Room. These include
Fixed Police Airwave Radio
Shop watch radio link
Pub watch Radio Link
Fax machine
Telephone
Section 2 Human Resources
General Principle
It is acknowledged that any CCTV system is only as good as the quality and management of the images recorded.
Therefore all equipment associated with, and recorded images gathered by St Helens CCTV, will only be handled by authorised personnel who have been properly trained.
Each person having direct involvement with the system will be personally issued with a copy of the Code of Practice and a Procedural Manual.
They will be fully conversant with the contents of the documents, which may be updated from time to time, and which they will be expected to comply with as far as is reasonably practicable at all times.
Security Screening
All personnel will be subject to a Disclosure and Barring Service Check (D.B.S.). In addition will also be subject to a Merseyside Police Disclosure Check.
Staffing of the Control Room
Only authorised personnel who have been fully trained in the relevant legislation, the Code of Practice, the Procedural Manual, and use of the equipment will operate any equipment located in the CCTV Control Room.
As far as reasonably practicable the control room will be staffed 24 / 7 by authorised s personnel only. The shift system will be determined by the Head of Security Services. If for any reason the Control Room cannot be staffed or circumstances prevail which require specific action, all radios will be secured in the safe, the room secured and Head of Security Services informed. In addition Merseyside Police must be informed.
Training and Education
All CCTV operators must hold a licence in CCTV as set out by the Security Industry Authority (S.I.A.). In order to obtain a licence all operators need to pass a BTEC level 4 or equivalent in CCTV monitoring which is accredited by a national body and also undertake a CRB check.
In addition all managers, trainers etc who do not operate the system daily must hold a non front line SIA licence.
CCTV Operators, including those who may have access to control and / or monitoring facilities at a secondary monitoring site will be fully trained in the use of equipment, the codes of practice and the procedural manual.
Others who may be involved in the use of information gathered by virtue of the CCTV system (e.g. Investigators, Managers, etc) should be properly educated in respect of the Code of Practice and this manual. They should be made aware of the capabilities and the limitations of the system and their responsibilities with regard to the handling and integrity of recorded images.
Discipline
Users of the system from the St Helens Council or employed on their behalf will be subject to the Council Discipline Procedures and adherence to other relevant policies.
Users of the system from the Merseyside Police are subject to Merseyside Police’s Discipline Procedure and adherence to all Policies.
The Head of Security Services will accept prime responsibility for ensuring there is no breach of security and that the Code of Practice are complied with and have the day to day responsibility for the management of operations and enforcement of the discipline procedure.
Welfare
Food should not be consumed in the area of the operators work station, however staff will be encouraged to take short breaks away from their workstation as appropriate but within the confines of the room. It must be acknowledged that under extreme circumstances there may be times when the room is unattended. It is important that members of staff understand that the concentration span of an operator is limited. Conversely operators are not expected to be absent from the room for an undue period or at key times of their shift.
Operational Diary
An operational diary will be kept in the CCTV Control Room. This diary can be used to leave messages for staff on following shifts to make them aware of any incidents of note or upcoming events.
Confidential Waste
All confidential waste will be shredded and disposed of appropriately.
Health and Safety
The Health and Safety at Work Act (HASWA) places a responsibility on both employees and employers to ensure a safe working environment. Employees must take reasonable care, both for their own safety and also for the safety of others who may be affected by their actions.
All staff must be aware of the Health and Safety policy in respect of their working environment, the provisions of which must be complied with at all times. Any discrepancies or concerns will be brought to the attention of the Head of Security Services or Deputy, who will ensure that any appropriate action is taken.
Working Time Policy
The Council’s Working Time Policy will apply to all Operators of the system from St Helens Council or employed on their behalf.
Display Screen Equipment
The Council’s Policies and Codes of Practice in respect of Display Screen Equipment will apply as appropriate.
First Aid
A First Aid kit is located in the CCTV Control Room in a marked cupboard.
Section 3 Emergency Procedures.
1. ON DISCOVERING A FIRE.
a. Activate the fire alarm. The alarm activation panels are situated at either end of the corridor at the side of the fire doors on the first floor.
b. Contact the Fire Service by dialing 999. Give them the location of the fire - CCTV room, 1st floor, Wesley House, Corporation Street, St Helens, WA10 1HF
c. Make a quick attempt to put out the fire if it is safe to do so. All operators are to be aware that there is a 240-volt power supply present throughout the area and unless adequately trained should not attempt to use the fire extinguishing equipment. (Please refer to the Wesley House building fire procedures.)
d. If the CCTV room is to be evacuated, the Police Control Room should be contacted via airwave radio or telephone.
NEVER use water type fire extinguishers on an electrical fire.
2. EVACUATION PROCEDURES - WHEN THE FIRE ALARM SOUNDS.
On hearing the continuous sound of the alarm ALL members of staff and visitors must leave the building. Routes to the exits are clearly signed by green arrows on the wall and stairways.
Remember, if possible and without risking the safety of any member of staff, the unit should be secured on leaving. Close all doors of the office where you are at the time the alarm sounds.
NEVER use the lifts to leave the building when the alarm is sounding.
DO NOT return inside the building for any reason until advised by your Fire Warden that it is safe to do so.
Upon returning to the unit, all systems should be checked to ensure that they are in correct working order. If the power has been cut off, remember to check the times on the digital clocks. An appropriate record should be made including the time / day / date, the reason for evacuation and the result.
3. ALARM TESTS AND DRILLS.
A regular weekly test will be conducted to ensure that the alarm system is functioning correctly. When the alarm is sounded, usually at 09:30 hours every Tuesday staff should continue with their normal duties.
4. EVACUATION DRILLS.
These are held regularly and staff should, on hearing the continuous sounding of the alarm, assume it is an emergency and follow the EVACUATION PROCEDURES as outlined above.
Section 4 Control and Operation of CCTV System.
Control
The Head of Security Services is responsible for ensuring that the Code of Practice and the Procedural Manual are adhered to at all times, and will carry out random checks to ensure compliance.
Random checks of recorded images will also be carried out by the Deputy Head of Security Services to ensure Human Rights issues are not breached; any breaches could lead to disciplinary action being taken.
If requested by an operator or on the deployment of new equipment, policy or procedure change, the Head of Security Services must ensure that all operators are trained to the required standard as soon as possible.
The Head of Security Services will keep a log of all checks carried out as well as a schedule of training.
Operation
Operators of the cameras and system will at all times act with the utmost probity and integrity
Every use of the cameras will accord with the purposes and key objectives of the system and shall comply with the Code of Practice and this Procedural Manual.
Cameras will not be used to look into private residential property. Privacy zones may be programmed into the system as required to ensure the interior of any private residential properties within range of the system are not surveyed.
Operators should be aware of exercising prejudices which may lead to complaints of the system being used for purposes other than those for which it is intended.
Operators may be required to justify their interest in, or recording of, any particular individual, group of individuals or property at any time by virtue of the audit of the system, an Inspector of the system or the Head of Security Services.
Primary Control
Primary control will be with the C.C.T.V. Control Room and will only be undertaken by authorised members of staff with responsibility for using the equipment.
Cameras under the control of a secondary Monitoring Room can be overridden by the Primary Control Room.
Secondary Control
Secondary monitoring stations are located at Merseyside Police Station in College Street, St Helens and St Helens Council Traffic and U.T.C. Section. These locations do not have the facility to record images
St Helens Police Control Room and St Helens Council Traffic and U.T.C. Section will have the facility to manipulate cameras upon request to the Primary control.
In the event that control of a camera is requested by the Police or Council Traffic and U.T.C. Section the CCTV operator will record details of both the request and subsequent usage on an incident log, the recorded details will include the identity of the person making the request, the time and duration of secondary control being exercised, the cameras concerned and brief details of the purpose. As soon as secondary control is no longer required, the person originating the request will inform the CCTV operator.
The Supervisor of the secondary monitoring site is responsible for the compliance with the Codes of Practice during periods of secondary monitoring.
Operation of the system by Police
In the event of authority being granted to the Police to assume control of the CCTV System in accordance with the Code of Practice, the CCTV Control Room will continue to be staffed, and equipment operated by, only those personnel who are authorised and trained to do so.
In extreme circumstances a request may be made for the Police to take total control of the System in its entirety, including the staffing of the monitoring room and personal control of all associated equipment, to the exclusion of all representatives of the System owners. Any such request should be made to the System Manager in the first instance, who will consult personally with the most senior officer of the System owners (or designated deputy of equal standing). A request for total exclusive control must be made in writing by a police officer not below the rank of Assistant Chief Constable or person of equal standing.
In such circumstances the Head of Security Services will be fully briefed and if possible attend the Control Room at the relevant time. .
The written approval for Police Control will be retained by the Control Room and a detailed record of the event made, which will include the full details of personnel involved, the names and positions of those granting the application and all relevant events and times.
Upon re occupation of the room, all systems will be checked to ensure they are operational and in working order and a status report of image recording produced.
Pre Planned Operations/ Events
The CCTV Control Room will be staffed by authorised and trained personnel who will be fully briefed with the exact nature of, and location of the operation.
Recording will continue in time lapse or multiplex modes.
Recording in Real Time will be undertaken at the discretion of the operator or on the direction of the event Supervisor or person overseeing the operation / event who shall be identified in the incident log.
Unless otherwise agreed by the Head of Security Services the CCTV operator has priority over the use of the CCTV system and cameras.
System Checks
On commencement of duty all operators will carry out system checks to ensure all equipment is in correct working order and that the time and date settings are correct.
Using the Cameras
Operators are to make full use of the CCTV cameras to perform the aims and objectives of the scheme. These are
To help reduce the fear of crime
To help deter crime
To help detect crime and provide evidential material for court proceedings
To assist in the overall management of St. Helens
To enhance community safety, and assist in developing the economic well being of St. Helens and encourage greater use of the Town Centre, shopping malls and car parks.
To assist the Local Authority in its enforcement and regulatory functions within St. Helens Borough
To assist with Traffic Management
To assist in supporting civil proceedings which will help detect crime
To prevent and detect Anti-Social Behaviour (Safer Communities redeployable camera’s only)
Delivery of the Community Safety Partnership Delivery Plan.
During each shift the operator will use a variety of pre-sets, walk tours and manual controls to utilise the full potential of the cameras, and to cover the maximum area as many times as is necessary.
Operators may use their discretion to randomly select cameras and display the images either in singular form or multiplex form.
Incidents captured by the cameras will be entered onto an incident log for retrieval; the log must be completed with all relevant details.
When a request is made by the Police or other agency to view specific incidents an incident log will be completed with all relevant details including that agencies reference number to assist in retrieval.
The cameras will have different priorities depending on the time of day, day of the week and the location. Operators should not rely on these priorities to ignore cameras of a lower priority.
Operators should have an overview of all monitors on the main monitor wall. These monitors give the operator a quick view of all activity being captured by the system and at night can attract the attention of operators to movement where none would normally be expected.
When appropriate images are selected by the operator and displayed on their spot monitors for further surveillance they will be recorded in real time, and an incident log completed.
When dealing with an incident, operators are to make full use of all cameras to ensure that as far as is practicable maximum coverage of the incident is captured and that images are sufficient quality to assist in a prosecution.
Section 5 Protocol for the use of Airwave Radio.
This protocol sets out the measures agreed between Merseyside Police Authority and St. Helens Council to ensure that the Airwave equipment provided for use within St. Helens Council CCTV suite is used appropriately at all times.
1. The Airwave system used within the CCTV suite is owned and operated with the consent of the Merseyside Police Authority. St. Helens Council and the Merseyside Police Authority are responsible for ensuring the correct use of the system. Access to the system will be removed if it is found to being abused, compromising police operations or if usage is not to the standard required.
2. Correct use of the Airwave Radio by CCTV staff is of extreme importance and is imperative that the system is not blocked by idle transmissions or social commentary. The need for information to be reported quickly and accurately is essential for a correct and appropriate response. The appropriate radio call signs protocol and language must be used at all times.
3. All radio traffic must go through the police control room. CCTV staff will refrain from using the point-to-point facility unless otherwise directed via the Police control room or during any ongoing incident.
4. The deployment of Police officers or Police resources is solely the responsibility of the Police control room as they are best placed to determine their level of response etc. This is vital for continuity of evidence and to ensure a correct police log is running on all incidents and will ensure all parties follow Health and Safety guidelines
5. The radio will be only used to communicate information relating to incidents of crime, disorder and anti social behaviour, which can be viewed on the CCTV system and for no other purpose. Minor incidents of graffiti, parking issues, dropping of litter etc will be addressed by other means. At no time must the emergency button be used by CCTV staff.
6. CCTV staff will conform / adhere to St. Helens Councils own CCTV protocol manual with regard to ensuring all information transmitted / gathered or heard via the Airwave system will remain confidential. At no time will any personal information / data be divulged to or discussed with any third party who does not work within the CCTV team / management etc and partner agencies / officers of Merseyside Police.
7. When authorised visitors enter the CCTV suite, CCTV staff must ensure they are briefed with regard to data protection concerning anything they may hear or see whilst they are in the suite. A written record of all visitors (to include time, date and reason for visit), must be maintained within the CCTV suite and be available for inspection by Merseyside Police Authorities audit team.
8. Any breaches of the system or protocols by CCTV operators will be dealt with under current St. Helens Council disciplinary procedures. Any misuse of the system or breach of the Data Protection Act or disclosure of information to a third party may lead to arrest and prosecution.
9. Should any member of the CCTV team or visitor require any information contained within this protocol, they must contact Mick Gornall or Paul Molyneux in the first instance.
Section 6 Access to and Security of Control Room and Associated Equipment.
Authorised Access
Only authorised personnel will operate any of the equipment located in the CCTV Control Room or other equipment associated with the system.
Declaration of Confidentiality
All visitors, regardless of status or purpose, including Auditors, Inspectors and Maintenance personnel, will be required to sign the visitors register prior to entering the CCTV suite, stating the time, date, identity of the visitor and reason for the visit. This will also encompass the declaration of interest requirement.
Access to the Scheme
Public access is prohibited to all areas of the scheme, except for lawful, proper and sufficient reasons.
Visits will not take place as a matter of routine and no visit as far as is reasonable will comprise of more than four (4) people.
Visits will only take place with the prior approval of the Head of Security Services and with the prior knowledge of the operators on duty at the time of the visit. However authorised Auditors or Inspectors of the scheme do not fall within the scope of this section and visits may take place at any time, and without prior warning. These visits should be recorded in the same way as described above, however if operational commitments dictate, then Inspectors and Auditors may be asked to return at a more suitable time.
Visitors will be accompanied by the Head of Security Services or Deputy, or a designated representative who is not responsible for monitoring the system during the period of such a visit.
Any occurrence which leads to comment during a visit will be recorded and the Head of Security Services informed.
Police Visits
Police visits have to be for a specified reason.Police visits to review data will be pre-arranged and appointments made. Other visits by Police must comply with the provisions of the Code of Practice and the purpose of the visit must be approved by the Manager. Access will be monitored and recorded.
On occasions when there is an event that impacts upon Police resources the Police may deploy a resource to act as liaison officer between CCTV staff and Police resources at the event.
Under no circumstances should the Police resource operate the camera system.However the Police may make a request to command the use of the System to which the Code applies.
Such requests will be viewed separately to the use of the systems’ cameras with regard to the requirement for an authority for specific types of surveillance under the Regulation of Investigatory Powers Act 2000.
Applications will be considered on the written request of a police officer not below the rank of Superintendent. Any such request must be made to the System Owner, or designated deputy of equal standing. In the event of an urgent need, a verbal request of the senior officer in charge, and in any case an officer not below the rank of Inspector, will be necessary. This should be followed as soon as practicable within 72 hours by a Superintendents’ written request.
In the event of such a request being permitted, the Monitoring Room will continue to be staffed, and equipment operated by, only those personnel who are specifically trained to do so. They will then operate under the command of the police officer designated in the verbal / written request, taking into account their responsibilities under this code.
Auditors or Inspectors
A nominal roll will be available of all Auditors and Inspectors so that CCTV Control Room staff can verify their identity prior to them entering the building.
Equipment Demonstration
Demonstrations of the capabilities and limitations of the equipment and cameras should be strictly controlled during the course of any visit with no emphasis being placed on any individual, group of individuals or property.
Maintenance Visits
Maintenance visits should, whenever practicable, be carried out in the presence of an authorised operator or member of staff.
Security
Authorised personnel will normally be present at all times when the equipment is in use. If the Control Room or associated equipment is to be left unattended for any reason the facility will be securely locked.
Emergency access to the premises can be sought through the Head of Security Services or Deputy.
Section 7 Protocol for Regulatory of Investigatory Powers Act 2000
Introduction
The Regulation of Investigatory Powers Act 2000 (hereafter referred to as ‘the Act’) came into force on 2nd
October 2000. It places a requirement on public authorities listed in Schedule 1; Part 1 of the act to authorise certain types of covert surveillance during planned investigations.
The Act is divided into five parts. Part II is the relevant part of the act for CCTV. It creates a system of authorisations for various types of covert surveillance. The types of activity covered are "intrusive surveillance" and "directed surveillance".
“Covert surveillance” defined
Observations which are carried out by, or with, the use of a surveillance device. Surveillance will be covert where it is carried out in a manner calculated to ensure that the person or persons subject to the surveillance are unaware that it is, or may be, taking place.
Part II - Surveillance types
“Intrusive” surveillance
This is a highly invasive type of covert surveillance, the like of which CCTV equipment and their images alone would not be able to engage in except on the most rare occasion. The act says:
"Intrusive surveillance" is defined as covert surveillance carried out in relation to anything taking place on residential premises or in any private vehicle.
This kind of surveillance may take place by means either of a person or device located inside residential premises or a private vehicle of the person who is subject to the surveillance, or by means of a device placed outside which consistently provides a product of equivalent quality and detail as a product which would be obtained from a device located inside.
Therefore it is not intrusive unless the camera capabilities are such that it consistently provides information of the same quality and detail as might be expected to be obtained from a device actually present on the premises or in the vehicle.
St. Helens cameras are deemed incapable of providing this level of detail so as to be considered “intrusive” for the purposes of the act. Current interpretations re sustained gathering of images of persons in a car in a car park dealing in drugs; being able to see clearly inside the car, would not be considered “intrusive” under the act.
In particular, the following extract from Section 4 of this code prevents us from carrying out intrusion of premises with cameras. This section puts us in a strong position to resist the use of public cameras in this way by investigators.
Cameras will not be used to look into private residential property. Where the equipment permits it 'Privacy zones' will be programmed into the system as required in order to ensure that the cameras do not survey the interior of any private residential property within range of the system. If such ‘zones’ cannot be programmed the operators will be specifically trained in privacy issues.
“Directed” surveillance
This level of covert surveillance is likely to be engaged more by St Helens Council CCTV when they are requested by “authorised bodies” to operate their cameras in a specific way; for a planned purpose or operation; where ‘private information’ is to be gained.
The act says:
"Directed surveillance" is defined in subsection (2) as covert surveillance that is undertaken in relation to a specific investigation or a specific operation which is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation);
and otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under this Part to be sought for the carrying out of the surveillance.
In this section "private information", in relation to a person, includes any information relating to his private or family life.
If a CCTV user is carrying out normal everyday observations by operating a particular camera to gain the best information; albeit it may not be the most obvious camera to use, or the nearest to the incident being observed, that use will not deemed to be “covert” under the terms of the act; it is using modern technology to the advantage of the operator. It will only be where CCTV cameras are to be used in a planned, targeted way to gain private information that the requirements of authorised directed surveillance need to be met.
If users are requested to operate their cameras as part of a planned operation where the subject is unaware that targeted surveillance is, or may be, taking place; "private information" is to be gained and it involves systematic surveillance of an individual/s (whether or not the target of the operation) then a RIPA “directed surveillance” authority must be obtained.
Authorisations:
Intrusive surveillance can be only be “authorised” by chief officers within UK police forces and H.M. Customs & Excise and is therefore irrelevant for any other authority or agency. It is an area of RIPA that CCTV users can largely disregard.
Those who can authorise covert surveillance for public authorities listed in Sch. 1/Part1, in respect to Directed surveillance are detailed in Article 2 / Part I - Statutory Instrument 2417/2000: The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000.
e.g. A Local Authority (within the meaning of section 1 of the Local Government Act 1999). The prescribed office as a minimum level of authority is:
Assistant Chief Officer; Officer responsible for the management of an investigation.
Police Forces - A police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales). The prescribed level is a Superintendent; for urgent cases an Inspector.
The impact for staff in Police control rooms and CCTV monitoring centres, is that there might be cause to monitor for some time, a person or premises using the cameras. In most cases, this will be an immediate response to events or circumstances. In this case, it would not require authorisation unless it were to continue for some time. The RIPA Code of Practice suggests some hours rather than minutes.
In cases where a pre-planned incident or operation wishes to make use of public/private CCTV for such monitoring, an authority will almost certainly be required from the appropriate person with the authorised agency.
The ‘authority’ must indicate the reasons and should fall within one of the following categories: -
An authorisation is necessary on grounds falling within this subsection if it is necessary
(a) in the interests of national security;
(b) for the purpose of preventing or detecting crime or of preventing disorder;
(c) in the interests of the economic well-being of the United Kingdom;
(d) in the interests of public safety;
(e) for the purpose of protecting public health;
(f) for the purpose of assessing or collecting any tax, duty, levy or other imposition, contribution or charge payable to a government department; or
(g) for any purpose (not falling within paragraphs (a) to (f)) which is specified for the purposes of this subsection by an order made by the Secretary of State.
All completed forms for pre-planned operations must be viewed by one of St Helens Council’s nominated RIPA signatories prior to any operation taking place.
Every RIPA authority must be thought through and the thought process clearly demonstrated and recorded on the application. Necessity and Proportionality must be fully considered; asking the questions: “is it the only way?”, “what else have I considered?” It should not be a repeat of principles – in order to prevent & detect crime or in the interests of public safety etc.
Whenever an authority is issued it must be regularly reviewed as the investigation progresses and it must be cancelled properly upon conclusion. The completion of these stages will be looked at during any inspection process.
In cases where there is doubt as to whether an authorisation is required or not, it may be prudent to obtain the necessary authority verbally and then later in writing using the forms. For all verbal requests, consent must be obtained from one of St. Helens Council’s nominated RIPA signatories or a Chief Officer. The nominated officer will sign a protocol confirming the authorisation is in place. In the absence of any of these persons the Head of Security will give consent on receipt of a written request. Copies will be then sent to the relevant signatory or chief officer.
Completed forms should be kept at each CCTV monitoring centre.
Policing examples:
Superintendent Authorisation - urgent request (up to 72hrs)
An example of a request requiring an urgent Superintendent authority might be where a car is found in a car park late at night and known to belong to drug dealers. The officers might task CCTV to watch the vehicle over a period of time (no longer response to immediate events) and note who goes to and from the vehicle - sustained surveillance of individual/s gaining private information.
Non-urgent request
Where crime squad officers are acting on intelligence linked to a long term, planned operation and they wish to have a shop premises monitored from the outside over a period of days, which is suspected of dealing in stolen goods.
No authorisation required
Where officers are on patrol and come across a local drug dealer sitting in the town centre/street. It would not be effective for them to remain in a shop doorway and wish to have the cameras monitor them instead, so as not to divulge the observation taking place.
For access to all relevant information on this Act, including the Schedules and Statutory Instruments referred to in this guidance please visit: www.gov.uk/surveillance-and-counter-terrorism.
Section 8 Management of Recorded Images.
Release of Recorded Images
Those individuals with a statutory responsibility to investigate alleged criminal offences may release details of recorded information to the media only in an effort to identify alleged offenders or potential witnesses. The criteria set out in Appendix C of the Code of Practice will always be followed. Under those circumstances full details of the information released, to whom, when and how published must be recorded and made available to the prosecuting authority and the defence.
If material is to be shown to potential witnesses, which includes Police Officers, for the purpose of obtaining identification evidence, it must be shown on an individual basis in accordance with the Police and Criminal Evidence Act, Code of Practice, Code D 2.21 (Appendix A)
Requests may from time to time be received from the media for recorded material of a particular occurrence or incident (usually in respect of criminal proceedings). The criteria set out in Appendix C of the Codes of Practice will be followed meticulously at all times. In addition, if consideration is being given to the release of recorded images to the media a number of points shall be taken into account.
Any relevant court proceedings must have been concluded for a minimum of 28 days and there must be no appeal lodged or pending and no associated proceedings pending.
It must not be possible to identify any one individual within the recorded image to be released.
The release of the material must be in the public interest and have passed the 'disclosure in the public interest test' referred to in the Code of Practice Appendix C.
Copyright of all recorded images remains with the St Helens CCTV Scheme.
Recorded Images - Provision and Quality
Every image recorded by the St Helens CCTV Scheme has the potential of containing evidential material. It is therefore essential to maintain, and be in a position to prove an effective audit trail.
All cameras will record in time lapse mode; however those cameras viewed on the operators spot monitors will record in real time.
The Images recorded will be stored within the electronic memory of the system. The system will automatically delete the items after fourteen (14) days.
In order for the Police to obtain a copy of an incident then a Request for Copy of Incident Form must be completed (see Appendix C). Copies are kept at St Helens Police Station and within the CCTV suite. When a request for a copy of a recording is received the image will be selected and stored on a computer, which is networked to the system.
An identical digital image of the incident or occurrence will be burnt onto a CD-R. This digital image will be examined briefly to ensure quality and the CD-R will then be permanently marked with an Incident number and brief details of the incident prior to being sealed and labelled. This becomes the Master Copy and can only be viewed on a P.C. containing the appropriate software.
The person to whom the CD-R is passed then accepts responsibility for maintaining its integrity, including an audit trail from the point of acceptance of the CD-R to its final return to the St Helens CCTV Scheme.
An entry will be made in the image supply log (see Appendix D) with the appropriate details such as time, day, date, location and incident type together with the details of the person taking possession of the CD-R. The Request for Copy form will also be amended.
If it becomes necessary to re-check the evidential value and quality, it can be replayed and the fact that it has been unsealed and replayed should be recorded on the image supply log including the identity of those present.
Note:
1. There may be occasions when a verbal request is received for a copy of an incident. In these circumstances the image will be stored on the computer only. A copy will only be made once all the documentation has been received.
2. The computer is capable of holding a substantial amount of data and will be kept for seven years in line with current evidential practices. In order to maintain the seven years there will be occasions when data has to be downloaded to CD-r or DVD discs. These will be clearly labeled and securely stored.
3.Evidence Procedures
When a recorded image has been recognised as being of evidential value it must not be replayed unless of absolute operational necessity and even then the fact that it has been replayed, to whom and for what purpose, must be recorded by the individual responsible for the replay.
Section 72(1) of the Police And Criminal Evidence Act 1984, holds that a statement has the same meaning as in part 1 of the Civil Evidence Act, 1968. Section 10 of that Act holds that a 'statement' includes any representation of fact whether made in words or otherwise and specifically includes film, (including microfilm), negative, tape or other device by which visual images may be produced. An evidential Digital Image supplied on CD must therefore be considered as a document within the terms of the Police and Criminal Evidence Act 1984.
In any court proceedings the evidence of witnesses (including the Police, private investigators or other individuals with a statutory responsibility to carry out criminal investigations) must be prepared as if video (Digital Image) evidence did not exist and therefore be complete and descriptive. The Digital Image will be produced as evidence having been exhibited as with any other form of documentary exhibit. At the conclusion of the case the evidential tape (Digital Image) must be resealed and returned to storage where it will be retained in accordance with the retention policy, (see below). Under no circumstances will evidential recordings be retained by individuals.
In the event of an alleged offender being formally interviewed in connection with an offence which may have been recorded, a separate interview confronting the suspect with the recorded image should take place only after the normal interview is complete. (This practice rules out any inadmissibility concerning video (Digital Image) evidence put to the suspect affecting the remainder ofthe interview).
Criminal Procedures and Investigations Act, 1996
A resume of the Criminal Procedures and Investigations Act, as far as it may be applicable to the gathering, recording and retention of evidence by way of CCTV systems, is attached at appendix B. It is imperative that the provisions of the act are strictly complied with by CCTV operators at all times.
Due cognisance must be taken of the obligations placed upon investigators by the Criminal Procedures and Investigations Act. It is good practice to assume that all recorded images and all written records made in connection with the CCTV surveillance system will be materially obtained' in the course of a criminal investigation' which may be relevant to the investigation and therefore will be disclosable to the defence in the event of a prosecution being under taken
Retention of Recorded Images and Associated Documents
All recorded images, incident logs (when requested) and written records that may be relevant to an investigation must be retained until a decision is taken whether to institute proceedings against a person for an offence.
If a criminal investigation results in proceedings being instituted, all material that 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.
Where the accused is convicted, the original evidential Image must be resealed and securely stored in accordance with local instructions, together with the relevant written records, at least until the convicted person is released from custody, or discharged from hospital, in cases where the court imposes a custodial sentence or hospital order.
If the person is released or discharged within six months, all relevant material will be retained for six months from the date of conviction
In all other cases the relevant material should be retained for six months from the date of conviction or an appeal against conviction has been determined.
The above periods are minimum periods of retention. Alternative directions may be given to retain the material for longer periods by a member of the judiciary, the manager or owner of the CCTV system, or a Senior Police Officer. In the case of this scheme, evidence will be retained in the evidence locker for seven (7) years, in line with Merseyside Police policy.
Section 9 Observed Occurrences or Incidents.
Action to be taken
In the event of an incident being observed by a CCTV operator, contact will be made with the St Helens Police Control Room by telephone or airwave radio link and a Police log number obtained will be obtained.
Note Use of airwave radio must be as per protocol in section 4 of this document
The Police control room operators will respond by resorting the incident in accordance with their own procedures and will grade the incident accordingly.
A copy of the Merseyside Police Graded Response Policy is attached. (Appendix F)
Radio operators will be directly responsible for complying with their own procedures in respect of recording the incident. No responsibility for doing so will be placed on the CCV operator
Any occurrence which may be defined as a matter for local council departments will be recorded on an incident log and the appropriate department will be informed for follow up action via e-mail. Urgent matters should be notified to St Helens Contact Centre on the telephone 456000.
Record of Incidents / Occurrences
A record of all occurrences and calls for service will be maintained by CCTV operators. The information to be recorded should include anything of note that may be useful for evidential purposes or future assessment or evaluation of the system. An example of an Incident log is attached at appendix E
Section 10 Fault Reporting.
CCTV Operators will be responsible for reporting faults in any of the equipment, or any of the associated equipment located elsewhere.
Having identified the fault as accurately as possible, and in respect of equipment for which the system owner or supplier is responsible for an email should be sent to the Head of Security Services. Head of Security will assess the impact / seriousness of the fault and if required report it to the maintenance contractor.
During every subsequent visit made by the maintenance contractor hey will be required to submit a work record, for signature, to the head of security.
Once rectified by the maintenance contractor the operator will endorse the appropriate section of the fault log. The engineer will also supply and ask the operator to sign their own form for and on behalf of the customer in particular when routine maintenance visits are made. A copy of the document should be taken.
In the event of a fault occurring in any other equipment which is not the responsibility of the equipment suppliers (e.g. radio, telephone, lighting etc) the appropriate authority will be contacted by the operator and a fault report completed.
The telephone numbers for reporting faults will be kept in the Emergency Numbers book in the main CCTV Control Room.
Appendix A
Extracts from the Police and Criminal Evidence Act, 1984
Section 78(1) PACE states:
"In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it".
Codes of Practice
Code D 2.21A states:
"Nothing in this code inhibits an investigating officer from showing video film or photograph of an incident to the public at large through the national or local media, or to police officers, for the purpose of recognition and tracing suspects.
However when such material is shown to a potential witness, (including police officers) for the purpose of obtaining Identification evidence, it shall be shown on an individual basis to avoid any possibility of collusion, and the showing shall, as far as possible, follow the principles for video film identification or identification by photographs" .
Code D 2.10 states:
"The identification officer may show a witness a video film of a suspect if the investigating officer considers, whether because of the refusal of the suspect to take part in an identification parade or group identification or other reasons, that this would, in the circumstances be the most satisfactory course of action".
Code D 2.18 states:
"A witness must not be shown photographs, photo-fit, identikit or similar pictures if the suspect is known to the police and he is available to stand on an identification parade. If the identity of the suspect is not known, the showing of the pictures to a witness must be done in accordance with annex D".
Appendix B The Criminal Procedures and Investigations Act 1996
The Criminal Procedures and Investigations Act 1996 (CPI) came into effect on the 1st April 1997 and introduced a statutory framework for the disclosure to defendants of material which the prosecution would not intend to use in the presentation of its own case, (known as unused material).
The Act introduced some fundamental changes which have an impact upon how investigating officers gather and deal with potential evidence which, in turn, will almost certainly have an impact on CCTV operations - both in the public and private sector.
The three key words are; RECORD, RETAIN, REVEAL, the first two of which may well be relevant to the way in which CCTV operators deal with their evidence handling procedures.
RECORD - when and how should material be recorded
"Information should be recorded at the time it is obtained or as soon as practicable after that. Material should be recorded in a durable and retrievable form ".
RETAIN - what material should be retained
"All material, including information (which would include recorded images) and objects, which is obtained in the course of a criminal investigation and which may be relevant to the investigation ".
What is the test for real relevance
"Material may be relevant to the investigation if it appears to have some bearing on any offence under investigation or any person being investigated, or to the surrounding circumstances of the case unless it is incapable of having any impact on the case ".
REVEAL - What material should be revealed
The responsibility for revealing material rests with the disclosure officer, who may also be the investigating officer, but should not normally be the responsibility of the CCTV operator.
The test for disclosure
"Any prosecution material which has not previously been disclosed to the accused and which in the prosecutor's opinion might undermine the case for the prosecution against the accused".
DEFINITIONS
Whilst this Act specifically refers to Criminal Investigations being carried out by Police Officers, it also states that 'Persons other than police officers who are charged with the duty of conducting an investigation are to have regard to the relevant provisions of the code, and should take these into account in applying their own operating procedures '.
An investigator is defined under this Act as: 'Any police officer involved in the conduct of a criminal investigation '. The definition continues by stipulating that; 'All investigators have a responsibility for
carrying out the duties imposed on them under this code, including in particular recording information, and retaining records of information and other material '.
Material may be 'relevant to the investigation if it appears to an investigator that it has some bearing on any offence under investigation or any person being investigated, or on the surrounding circumstances of the case, unless it is incapable of having any impact on the case '. The high possibility of the relevance of material not being realised until the conclusion of a case should not be forgotten.
RESPONSIBILITIES
In conducting an investigation, the investigator should pursue all reasonable lines of enquiry, whether these point towards or away from the suspect. What is reasonable in each case will depend on the particular circumstances.
There is now an onus upon the investigator to ensure that all potential evidence is retained. If they believe that other persons are in possession of material that may be relevant to the investigation, that other person must be contacted and invited to retain the material in case a request is received for disclosure.
In view of the statutory requirements to record information at the time it is obtained or as soon as practicable afterwards in a durable and retrievable form, CCTV operators are likely to find themselves being required to make written records and to submit written statements. This is especially relevant when descriptions of people, vehicles and events are being recorded or monitored. Initial reports are now extremely important and should be carefully recorded - they are very likely to become disclosable.
An investigation begins at the moment of instigation, even though the actual crime may not be reported for several days. If an 'area search' were to be generated by the circulation of a description resulting in the CCTV operator making a negative search of the area, the details of that search, including details of which streets, etc must be recorded.
DISCLOSURE PROCESS.
The mechanics of the disclosure of unused material will rest with the disclosure officer; however there is a need for CCTV operators to have an awareness of the process.
Primary Prosecution Disclosure
The disclosure officer must reveal any prosecution material that has not previously been disclosed to the accused and which, in the opinion of the prosecutor, might undermine the case for the prosecution against the accused.
Defence Disclosure
The defence must provide a defence statement in all cases which are to be dealt with by the Crown Court, and may do so in cases which are to be dealt with at Magistrates Court.
Secondary Prosecution Disclosure
Once the defence statement has been received, the secondary prosecution disclosure must take place
as soon as reasonably practicable. At this stage the prosecution must disclose any prosecution material that has not previously been disclosed, and which might reasonably be expected to assist the defence of the accused as disclosed by the defence statement.
It will be recognised from this process that there are effectively two stages at which requests for a search of recorded images containing evidence may be made, first at any point during the initial investigation up to the point of primary disclosure, and secondly immediately after the provision of a defence statement.
It is not possible to predict the length of time a recorded image should be kept pending the possibility of a requirement being made for further searches subsequent to the provisions of the defence statement, however if a statutory requirement is placed upon the three stages referred to, it may be anticipated that the policy of retention contained within the CCTV Codes of Practice will need to be reviewed.
Appendix C St Helens CCTV – Request for Copy of Incident
This form is only to be used for requesting copies of St Helens CCTV recordings and not for other copy requests. ALL sections must be completed without exception in order for your request to be processed.
1. Unique Reference number…………………………………………….…..….
2. Time and Date of incident…………………………………………………….
3. Location (be specific)……………………………………………………….…
4. Circumstances of incident…………………………………………………….………………………………………………………………………………………………………………………………………………………………………… 5. Description of offender/IP…………………………………………….……….…………………………………………………………………………………………………………………………………………………………………………
6. Reason for request (e.g. prisoner arrested/ evidence of crime/ CPS request/ interview purposes/ intell only etc)……………………………………………………………………………………
7. Did the CCTV control room staff save the incident at the time? YES/NO
8. Officer requesting copy (Please write legibly and include your force number, place of work and telephone extension)
………………………………………………………………………………………..
POLICE VIDEO INVESTIGATION UNIT ONLY:
REQUEST SENT TO CCTV ROOM………………………………………………….
DATE CD COPY RECEIVED AT VIDEO INVESTIGATION UNIT………………..
ST HELENS CCTV USE ONLY:
COPY PRODUCED BY:…………………………………………………………….
CCTV ROOM INCIDENT NUMBER……………………………………………….
SUPPLIED TO …………………… .TIME………………..DATE………………….
_____________________________________________________________________
Appendix D St. Helens CCTV Control Room Image Supply Register
Signatur
e
Issued to
Signature
Issued by
Incident &
Location
Time/ Date
of Incide
nt
URNImageNumb
er
Date
Appendix E Incident Log
St Helens CCTVIncident Log
Operator Camera No’s Incident No
Time Date Location
Brief Description of Incident
Initiated by
Operator Police Other
Agency
Type of Incident
Police Request Assault Missing Person Alarms
Suspicious Behaviour Theft Vandalism Hazard
Anti Social Behaviour Drugs Graffiti Suspect Package
Disturbance Burglary Begging Street Furniture
Drink/Drug Criminal Damage Dumped Rubbish Fly Posting
Aggressive Persons Auto Crime Injury Illegal Trading
Youth Congregating RTC Fire
Abandoned VehicleO Obstruction
Other (please specify)
Information Passed to
Police Control St Helens Council MFS Trading Standards
Other (please specify)
Attendance at Scene
Police Ambulance MFS Council
Other (please specify)
Outcome
ArrestsNoYes
Number
Image URN
Appendix F Merseyside Police Graded Response Policy.
Immediate
For calls which require an immediate response, Merseyside Police has set targets to try to attend within 10 minutes of the call being received.A call will qualify from an immediate response where there is credible information to suggest that a person is or is likely to be seriously injured.
For example this would be an incident such as a murder or rape. But could also include cases of assault.
Urgent
For calls, which require an urgent response, Merseyside Police will endeavour to attend as soon as possible and in any case within an hour of the call being received.
An early attendance of an officer is required because:
(1) It may increase the opportunity of identifying an offender, or preventing an offence or of easing the fear of a member of the public who believes they may become a victim of crime.(2) It will resolve a non-crime problem that is currently taking place, i.e.: (i) An incident involving a domestic situation.(ii) An incident involving young people.(iii) Racist/Homophobic incident.(iv) Road management.
(3) It will meet the needs of high profile policing (hot spots).
Routine - An attendance of an officer is required but there is no urgency and deployment must reflect the actual need for police attendance