Royal Mail
Royal Mail Internal Information
Criminal Investigation Team
7.5 Searching
Version 1.0 Final
August 2012
Review Date: August 2013
Ray Pratt
Head of Investigations Policy & Standards
Royal Mail
Mobex
Mobile
POL00030605
POL00030605
Contents
Key Accountabilities
BYHURWNHH
9.
Introduction
Consent to Search
Powers to Carry out Searches
Health and Safety During Searches
Documentation Completion Guidelines
Searching a Person
Searching Vehicles
Searching Premises
Searching Official Lockers
10. Friends Present During Searches
11.
12.
Property Recovered During Searches
GS027 Apology for Inconvenience Procedure
Change Control
Glossary
POL00030605
POL00030605
HFOCLOCRMHIIYHDAUF® ew
BR
Key Accountabilities
POL00030605
POL00030605
Who is
accountable?
What do I have to IWhen do I have
do?
to do this?
How do I do
this?
All members
of Royal Mail
Security
Ensure you comply I Ongoing
with these
procedures
As detailed
within these
procedures
> Royal Mail 2012 8
~ Page 3 of 12
POL00030605
POL00030605
Searching
1.
1.
Introduction
Investigators within Royal Mail Group Security (RMGS) have no statutory
power to conduct searches without the appropriate consent as described at
Section 2 below. The possibility of any misunderstanding by a suspected
offender, the Police or indeed any other person, in this respect must be
avoided.
Any search which is carried out in England and Wales or Northern Ireland,
as part of a criminal investigation, must be conducted in accordance with
the Police & Criminal Evidence (PACE) Act 1984 or the PACE (Northern
Ireland) Order 1989 as appropriate. Investigators must ensure that they
have a thorough understanding of the legislation, in particular the
relevant Code B of the PACE Codes of Practice (CoP). Searches carried out
in Scotland shall be in accordance with Common Law.
Irrespective of the area of legal jurisdiction in which a search is
carried out, Investigators are required to complete the relevant search
forms as described at Section 5 below.
Investigators will conduct themselves in a professional and courteous
manner, demonstrating consideration and respect for other persons and
property, (for example preventing other people in the office or house from
taking offence to what must be a disagreeable procedure for them, or to
preclude the risk of neighbours getting to know what is happening).
There are no grounds for Investigators causing damaging or destroying
property during the course of the searches. If existing damage is observed
during a search, consideration should given to making a written record
using the relevant Record of Search form GS005C, and/or taking a
photograph of the affected area. Should Investigators come across locked
objects such as briefcases or drawers and the suspect is unable to supply
a key then the suspect should be asked to gain access to the item, rather
than an Investigator causing damage.
It is also important that the area and the nature of search are completely
proportionate to the loss being investigated and that all aspects of the
search can be justified.
Consent to Search
In the absence of a search warrant authorising Investigators to search or
the police searching under their powers (including searches conducted
under Section 18 or 32 of PACE (Sections 20 and 34 of PACE(NI)). a search
of private property cannot be conducted without the consent of person(s)
entitled to grant it. Investigators must ensure that the suspect is ina
position to give consent to any proposed search. In addition RMGS
Investigators have no power of seizure during searches with consent.
Therefore if a suspect objects to an Investigator recovering evidence of
an offence or items obtained as consequence of an offence then
consideration should be given to obtaining Police assistance.
Grounds and Extent of Search In accordance with the PACE CoP Code B 5.2,
before seeking consent to search an Investigator shall state the purpose
of the proposed search and its extent. This information must be as
specific as possible, particularly regarding the articles being sought and
the parts of the premises to be searched. Searches are conducted for the
purpose of recovering potential evidence of offences and/or any property
or items obtained as a consequence of those offences.
© Royal Mail 2012 Searching ~ RM V1.0 ~ Page 4 of 12
POL00030605
POL00030605
2.3 Investigators are not permitted to conduct any search for which consent
was given under duress or withdrawn before the search is completed. (See
paragraph 2.9 below).
2.4 Consent to Search Form. Using the Consent to Search form GS005, the
Investigator must ensure that the interviewee fully understands the
questions therein and appends their reply in the space provided. It is
good practice from an evidential perspective to complete the consent
documentation whilst the interview is being recorded. In any event consent
must be obtained and documented before the search takes place.
2.5 Locker Search. Consent should also be obtained for a search of the
personal locker but, if declined, the official locker can be searched on
the basis that is the property of our Business. See Section 9 below.
2.6 Limit of searches. Care should be taken not to go beyond the limits of
what is reasonable. To do so could result in challenges under the Human
Rights Act 1998. For example, to search the whole house when the suspect
is a young person living with his parents may be excessive. Similarly to
search the bedrooms of the suspect’s children might be unreasonable and
subject to challenge, unless of course, there is reasonable suspicion that
evidence, such as stolen property, may be hidden there.
2.7 Suspect’s Presence at Search. In normal circumstances the suspect should
be present at all searches. If, however, the person concerned refuses to
be present when a search is conducted they should make this clear when
completing the Consent to Search form GS005, and in addition, provide a
separate note in his own writing giving permission for the search to take
place. The Investigator can then present this note as necessary to anyone
who is entitled to see it. As a precaution, it is advisable to preserve
the note as evidence.
2.8 Interviewee Refuses or Withdraws Consent to Search. Investigators have no
power to search persons or private premises without consent. In some
circumstances an Interviewee will ask what will happen if consent to
search is not given. Such situations need to be handled with care and
diplomacy so as to avoid any inference at a later stage that the consent
was given under duress. It is advisable to explain to the Interviewee that
the Investigator would like to carry out the search with consent in order
to progress the investigation. The question of consent should be posed
again with the reply being recorded on the GS005 form. An ambiguous answer
should be treated as a refusal to give consent.
2.9 Refusal to consent to search. If the interviewee continues to refuse to
give consent for a search and there is reason to think that property is
outstanding, the question of an arrest will arise. Remember the
Investigator’s power of arrest is only exercisable if all the arrest
criteria apply and it is not reasonably practicable for a constable to
make an arrest instead. It is imperative that Investigators have a
thorough understanding of their powers of arrest, which can be found in
the Criminal Investigation Procedures and Standards under Investigation
Activities - Dealing with the Suspect, 7.1 Suspect Approach and Arrest.
Once the suspect is under police arrest, the police are permitted to carry
out searches under the provisions of PACE Section 18 or Section 32 as
appropriate.
2.10 In circumstances whereby an Interviewee withdraws their consent to carry
out any search, or part of a search, the same principles apply as outlined
at 2.8 and 2.9 above.
2.11 Recording any withdrawal of consent. Unless the withdrawal of consent to
the search takes place during a taped interview, a written record should
© Royal Mail 2012 Searching ~ RM V1.0 ~ Page 5 of 12
POL00030605
POL00030605
be made either in the notes of interview, the GS005 or in a notebook of
the withdrawal of consent. A search cannot commence or continue once
consent has been withdrawn. The interviewee may consent only to a partial
search, for instance of certain rooms only, in which case, only these
areas can be searched unless the necessary police assistance is obtained.
Powers to Carry Out Searches
As discussed above, RMGS Investigators have no power to conduct searches
without the appropriate consent.
Search Warrants. In some circumstances it may be appropriate to consider
applying for a search warrant. This should be discussed with a Senior
Investigation Manager (SIM) wherever possible before action is taken.
Applications through the Police. Applications for search warrants are
addressed through the Police who will both make the application and
execute any necessary searches. The Police must also be reminded that RMGS
Investigators have no statutory power of search without consent.
Named on the Warrant. Under Section 16(2) of PACE, (Section 18 (2)
PACE(NI)) RMGS Investigators can be named on a search warrant allowing
them to accompany and advise Police Officers and enter premises without
obtaining the consent of the occupier. Investigators named on the warrant
may conduct searching and seize property as long as they are in the
company of a constable.
Section 18 & 32 of PACE. Under Sections 18 and 32 of PACE, Police Officers
can enter and search premises without a warrant. Investigators
accompanying Police Officers may search under the supervision of the
Police Officer in charge. However Investigators must be introduced at the
outset of the search by the Police and have their ID cards available for
production if required (PACE Code B 6.5 ii). If, after being introduced
the suspect objects to the Investigators being present they must leave the
premises. Investigators should note that although they can assist in a
search they cannot seize any property discovered; this must be done by a
Police Officer.
Specific Powers to Seize Under PACE. Under PACE the police have a power
to seize items which;
3.6.1 Are covered by a warrant or;
3.6.2 The officer has reasonable grounds for believing is evidence of an
offence or has been obtained in consequence of the commission of an
offence but only if seizure is necessary to prevent the items being
concealed, lost, disposed of, altered, damaged, destroyed or tampered
with.
Powers of Seizure under the Criminal Justice and Police Act 2001. The
powers of seizure under PACE created some difficulties for the police in
cases where large amounts of items had to be examined at search to
identify whether or not they were liable for seizure. Accordingly the
Criminal Justice and Police Act 2001 (CJ&PA 2001) gave the police limited
powers to “seize” property from premises or persons so they are able to
“sift” or examine it elsewhere. If the police exercise this power they
must follow the procedures required under the CJ&PA 2001. These procedures
include such things as;
3.7.1 Not seizing more items than necessary.
3.7.2 Considering if copies of the material could be a satisfactory
alternative.
3. Being prepared to provide copies of items seized.
3.7.4 Secure items seized under this power separately from items seized
under other powers,
© Royal Mail 2012 Searching ~ RM V1.0 ~ Page 6 of 12
POL00030605
POL00030605
3.7.5 Examine items as soon as practicable and return them as soon as
they are no longer needed.
3.7.6 Allow owners, or their representatives, to be present when items
are sifted and examined.
3.8 RMGS Investigators need not concern themselves with the seizure provisions
of the CJ&PA 2001 in cases were searches are undertaken with consent as no
power of seizure is exercised. They should however have a working
knowledge of the procedures as they may be involved in Police searches,
where the Police exercise their powers under the Act. The procedures are
detailed within the PACE 1984 CoP Code B paragraphs 7.7 to 7.13. (The
seize and sift provisions apply in Northern Ireland) .
Heath and Safety on Search
Investigators must exercise extreme vigilance and common sense whilst
conducting searches of any kind. The health and safety of all persons
involved is of paramount importance.
The Criminal Investigation Safe Systems of Work can be found in the
Criminal Investigation Procedures and Standards under Investigation
Activities - Health & Safety & Planned Operation Risk Assessment.
Investigators are expected to be fully aware of these including the
‘Controls and Measures’, which must be applied and/or managed through a
risk assessment approach.
Health & Safety Personal Searches. Should it be suspected prior to any
person search that the suspect may have on them evidence of an offence or
items obtained as consequence of an offence then the search must be
conducted in accordance with PACE, with a GS005 being completed. Where
there is no reason to suspect that a person has evidence of an offence or
items obtained as a consequence of an offence on them, but it is
considered a search is necessary to mitigate risk to Health & Safety,
Investigators must obtain and record the consent of the person in their
notebook and where appropriate offer the presence of a friend. Most
importantly the scope of the search itself must only go so far as to rule
out the presence of an item with potential to cause harm and should not
extend to the close examination of items contained in wallets, purses
etc..
It is possible that, during a search of this nature, the Investigator
encounters evidence that could reasonably be suspected as stolen, or
otherwise significant to the enquiry. In such circumstances, the H&S
search should cease and consent obtained on for GS005 for the search to
continue in accordance with PACE. A written record of the facts must be
made, preferably in an official notebook and signed by those present.
Documentation Completion Guidelines
In obtaining consent to search the Investigator must ensure that the
suspect correctly completes the Consent to Searches - Interviewee form
Gs005. In addition if the suspect is not the person entitled to grant
entry to either a vehicle or premises then the Investigator must ensure
that the following forms are completed as appropriate;
5.1.1 Person Entitled to Grant Entry to Vehicle form GS005a,
5.1.2 Person Entitled to Grant Entry to Premises form GS005b
In each of these 3 forms, the Investigator may complete Part 1 if
preferred. Part 2 consists of self explanatory questions to which the
interviewee, or person entitled to grant entry, should be invited to
append their reply in the space provided before signing and dating the
document. Any questions which do not apply may be scored through and “Not
1 of 12
© Royal Mail 2012 Searching ~ RM V1.0 ~ Page
POL00030605
POL00030605
Applicable” written in the ‘reply’ box. Space is provided at the bottom
of the form to enable the Investigator to comment if it is felt necessary.
Such comment may include details of any friend or neighbour requested or
whether the search is conducted to identify legitimate held asset, etc.
GS005c - Record of Search. A separate record detailing each search must be
completed. Part 4 may be used to record details of any significant
occurrence during, or relating to the search in question.
GS005d —- Record of Property Recovered During Search. The form should be
completed if property is recovered on a search. Sufficient detail to
properly identify the search to which this form relates should be entered
in the “Search of” box at the top of the form. If property is recovered
the Record of Search form GS005c will be page 1 and the first Record of
Property Recovered on Search form GS005d will be page 2. The ‘Entry No’
should reflect a chronological record of order in which the ‘recording
officer’ made the record. See also Section 11 below - Property Recovered
During Searches.
Questions and Answers at Search - The Question & Answer sections of the
Gs005d may be used if necessary to record any questions put to the
suspected person during the search. It is imperative that these questions
do not constitute an interview and as such must be asked solely for the
purpose of furthering the proper and effective conduct of a search. This
includes questions to;
5.4.1 Discover the occupier of specified premises, or to find a key to
open a locked drawer or cupboard or to otherwise seek co-operation
during the search.
5.4.2 Determine if a particular item is liable to be seized. If
questioning goes beyond what is necessary for this purpose, the
exchange is likely to constitute an interview as defined by Code C of
the PACE Codes of Practice, and would require the associated
conditions.
The parties concerned must sign any such questions and replies.
Searching a Person
Wherever feasible Investigators must plan operations to ensure that an
Investigator of the same gender as the suspect is available to carry out
personal searches. If this is not possible, in order to provide a
safeguard against an allegation of misconduct, arrangements must be made
for a supervisor of the same sex to attend as a witness. Additionally
Investigators should be aware of the approach to be taken when there is a
requirement to search transgender individuals (including transsexual
persons) and transvestite persons. Annex L of Code C of the PACE 1984 CoP
provides such guidance.
An Investigator of the opposite gender may, if necessary, conduct a search
of the outer garments (coat, jacket, gloves, headgear, and shoes) as long
as they are removed from the suspect’s person. However, a person of the
same sex must conduct a search requiring ‘patting down’ or the removal of
anything other than outer clothing. If outer clothing is removed then a
person of the opposite sex can only be present if the person being searched
specifically requests it. A record must be made of this consent. (PACE
Codes of Practice, Code A, 3.6).
If exceptionally a person of the same sex is not available the Investigator
should consider contacting the Police for assistance or asking the suspect
to attend a Police Station on a voluntary basis.
Important. Investigators are reminded of the limitations, described at 5.4
above, in relation to questions put to a person during a search.
© Royal Mail 2012 Searching ~ RM V1.0 ~ Page @ of 12
7.
7.1
10
POL00030605
POL00030605
Searching Vehicles
In accordance with Section 23 of PACE 1984 (Section 25 PACE(NI)) a vehicle
comes within the definition of “premises”. Investigators are therefore
reminded that;
7.1.1 Consent to search a vehicle can only be given by the owner, or
person entitled to grant entry to the vehicle in question, and;
7.1.2 That person must be given a copy of the Notice of Powers and Rights
(Gs004).
Important. Investigators are reminded of the limitations, described at
5.4 above, in relation to questions put to a person during a search.
Searching Premises
A Notice of Powers and Rights (GS004) must be handed to the
owner/occupier, which fully explains the conditions of the search. The
time at which the ‘notice’ was given is to be recorded on the appropriate
‘consent’ forms.
It is important that any search of premises must be conducted at a
reasonable hour unless this would frustrate the purpose of a search.
Important - Investigators are reminded of the limitations, described at
5.4 above, in relation to questions put to a person during a search.
Searching Official Lockers
Official lockers are provided to some Royal Mail Group Ltd (RMG Ltd)
employees for the purpose of housing personal effects. Consent to search
an official locker should be sought from the employee concerned and
recorded on the GS005.
In the event of this consent being refused or withdrawn by the suspected
offender and it is considered essential that a search must be made,
permission to use that particular locker may be formally withdrawn from
the key holder. The contents of the locker should then be removed in the
presence of a reliable and independent witness. This may be a manager or
union representative.
Withdrawing permission to use an official locker should only be considered
in circumstances when the facts can fully justify it.
Investigators should ascertain whether a suspected member of staff has an
official locker and its number. In some offices, it is not unusual for
employees to have unofficial use of additional lockers. This may be
determined from either the official records held locally, or discreet
enquiries.
Important. Investigators are reminded of the limitations, described at 5.4
above, in relation to questions put to a person during a search.
Friends Present During Searches
10.1 RMG Ltd employees must be offered the ‘presence of a friend’ at all
interviews and searches conducted by RMGS Investigators. Irrespective of
whether or not the Interviewee opted to have a friend present during an
interview, the offer of the ‘presence of a friend’ must be made in respect
of each search.
© Royal Mail 2012 Searching ~ RM V1.0 ~ Page 9 of 12
POL00030605
POL00030605
10.2 As described on the form GS003, the ‘friend’ must be at least 18 years
of age and not already involved in the inquiry.
10.3 It is important to remember that the offer of the ‘presence of a friend’
at both the interview and the ‘person’ search is a RMG Ltd requirement
only. The PACE Codes of Practice, Code B, 6.11, determines that a friend,
neighbour or other person must be allowed to witness the search of
premises (which includes vehicles) .
10.4 Such requests may be declined by the Investigator if there are
reasonable grounds to believe that the presence of the person would
unreasonably delay the search, hinder the investigation or endanger
anyone. Either way the Investigator must record the reason and the grounds
for this decision on the appropriate search documentation.
11 Property Recovered During Searches
11.1 Any property seized during a search is likely to become significant
evidence. Failure to comply with the correct procedures may result in the
evidence being invalid as part of any later proceedings. Investigators
must ensure that they are fully conversant with the PACE Code B, 7 refers
to the seizure and retention of property
11.2 As described at section 5.3 above, any item of property recovered during
a search shall be recorded using a form GS005d Record of Property Seized
During Search. During joint operations with the Police or other
organisations, their equivalent documentation may be utilised.
11.3 Further guidance concerning the handling of evidence and managing
exhibits can be found in Appendix 1 to P&S 5.4 - Rules & Continuity of
Evidence.
12. Apology for Inconvenience GS027 Procedure
12.1 When, in the course of an enquiry a member of RMG Ltd is searched and
the search does not reveal any article which seems likely to have been
stolen from the post; or any property which the employee concerned cannot
satisfactorily account for or any article or document which suggests
criminal conduct, then a declaration, based on form GS027, must be issued
without delay. The draft must be completed by the Investigator in Charge
(IIC) and arrangements made for it to be typed and signed by the
appropriate local Manager before it is passed to the employee concerned.
In borderline cases the IIC should be more inclined to give the
declaration rather than to withhold it.
12.2 The declaration should not be given when the employee has been handed
into custody, suspended from duty immediately after the search, when
he/she has admitted dishonesty, when an employee who is not a suspect
voluntarily insists on producing the contents of his/her pockets or when
the search is conducted on the authority of a search warrant.
© Royal
il 2012 ~ 7.5 Searching - RM V1.0 ~ Page 10 of 12
Change Control
POL00030605
POL00030605
Final
1.0
Ray Pratt
Michael F Matthews
August 2012
Internal
Da
Security
Ray Pratt
Aug 2012
Distribution List
All Royal Mail Security via
Security Sharepoint
vi
Aug 2012
v.1
Final
Aug 2012
Aug 2012
Document Change History
vi Document Produced in RM Format
Glossary
Searching
POL00030605
POL00030605
RMGS Royal Mail Group Security
PACE 1984 Police and Criminal Evidence Act 1984
PACE(NI) 1989 Police and Criminal Evidence Order
(Northern Ireland) 1989
CoP Codes of Practice
SIM Senior Investigation Manager
CJ&PA 2001 Criminal Justice and Police Act 2001
RMG Ltd Royal Mail Group Limited
ric Investigator In Charge
Document Summary
If you have any queries please contact:
Mick F Matthews
Royal Mail Security
6A Eccleston St
LONDON
swiw 9LT
Postline:
STD:
E mail mick. f.matthew:
> Royal Mail 2012 fearching ~