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POL00030787
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Royal Mail Group Ltd Criminal Investigation and Prosecution Policy
PURPOSE
This policy describes Royal Mail Group Ltd response to crime and
suspected crime against the organisation.
LINK TO ACCOUNTABILITIES
Criminal Investigation Team
PO Ltd Investigation Team
PFWW Investigation Team
Criminal Intelligence and Support Team
Planning and Development Team
Criminal Lawyers
POLICY
3.1 I Policy
Royal Mail Group will investigate crime and suspected crime
against the organisation, identify offenders, highlight factors
that facilitated crime and take appropriate action - not
excluding prosecution.
3.1.1 Protecting the Integrity of the Mail
This policy supports the Postcomm Code of Practice “Protecting
the Integrity of the Mail” section 6.3 (c) in preventing and
detecting criminal loss, theft and interference with ‘Code
Postal Packets’.
3.1.2 Protecting the Business
This policy supports paragraphs 15, ‘Security and Trust’ and 22,
‘Preventing and Reporting Crime’ in the Code of Business
Standards. Furthermore, in highlighting crime facilitators,
investigations will identify (i) non-compliance with security
procedures, (ii) non-compliance with the code of business
standards (iii) poor management and (iv) shortcomings in
physical security.
3.1.3 Policing Crime
Royal Mail Group Security Investigation Teams are the providers
of in-house investigations and will maintain the lead in all
dealings with the Police.
3.1.4 Conduct of Investigations
The conduct, course and progress of an investigation will be a
matter for the investigators as long as it is within the law,
rules and priorities of the business. Investigators will
ultimately report to the Director of Security with regard to the
conduct of criminal investigations.
3.1.5 Role of Royal Mail Employees
Royal Mail employees are expected to maintain a high standard of
integrity and whatever their position in the company, are
expected to assist investigators with their inquiries. Employees
have a duty to;
(i) report crime against the business and suspicion of
Policy Royal Mail Group Criminal Investigation and Prosecution Policy
Title
version December 2007
Date 1 December 2007
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Royal Mail Group Ltd Criminal Investigation and Prosecution Policy
crime against the business to the Security Helpdesk
¢ ) or Crimestoppers on 0800
555111, even if the émployee wishes to remain anonymous
(ii) (iit) report to the company if they are charged,
cautioned, summonsed or convicted in connection with
any criminal offence.
3.1.6 Prosecuting Criminals
This policy supports the Code of Business Standards in normally
prosecuting those who commit theft or fraud and where
appropriate offences against the Postal Services Act 2000
Sections 83 and 84.
Criminal investigations will be conducted in accordance with the
procedures and to the standards required by legislation, case
law and the courts.
3.1.7 Procedures and Standards
accordance with
vided by the
s (see para 3.2).
Criminal investigations will be conducted i
legal powers, restrictions and guidelines
government or governed by Royal Mail polici
3.2 I Procedures and Standards
3.2.1 Gathering Intelligence
Investigators and colleagues in Criminal Intelligence will
adhere to the principles of the Data Protection Act 1998, The
Data Protection (Processing of Sensitive Personal Data) Order
2000 and the Code of Practice for the Management of Police
Information when acquiring, retaining, storing and disclosing
intelligence.
The P6 process will be adhered to when accessing the computer or
official telephone records of employees.
As the Communications Data Order 2003 scheduled Royal Mail as a
public authority for the purposes of the acquisition of
communications data, the Regulation of Investigatory Powers Act
(RIPA) Code of Practice for the Acquisition and Disclosure of
Communications Data will be adhered to for the purposes of RIPA
Part i Chapter 2.
Anonymous informants will be recorded on the Information Source
Register. The Police will handle any person likely to become a
Covert Human Intell fence Source and investigators 1 adhere
to the Covert Human Intelligence Sources Code of Practice.
3.2.2 Conducting Enquiries and Exhibit Management
Evidence will be gathered and retained in accordance with the
Criminal Procedure And Investigations Act 1996 (5S. 23(1)) Code
Of Practice.
3.2.3 Safety and Planning
In accordance with The Management of Health and Safety at Work
Regulations 1999, a Safe Working Practices Committee will
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conduct an annual risk assessment of investigatory duties
reviewing existing, and setting new controls and measures where
required. Investigators will adhere to these controls and
measures.
Investigators will plan for and assess the risks all
investigation operations (with the exception of responses to
immediate events) using the PORA operational planning tool:
Planned Operation Risk Assessment.
3.2.4 Surveillance and ‘Testing’
The Regulation of Investigatory Powers Act 2000 Schedule 1 Part
2 lists Royal Mail as a public authority for the purpose of
conducting directed surveillance. Directed surveillance will be
carried out according to the Regulation of Investigatory Powers
Act 2000 Part 2 and the Covert Surveillance Code of Practice.
Where appropriate ‘tests’ may be applied to the honesty of
individuals suspected of crime. Authorised ‘testing’ will be
carried out in accordance with investigation guidelines.
3.2.5 Approach and Arrest
Suspects will be dealt with in accordance to the Police and
Criminal Evidence Act 1984, in particular the ‘Code Of Practice
For The Detention, Treatment And Questioning Of Persons By
Po. e Officers’.
3.2.6 Interviewing
Suspects will be interviewed in accordance to the Police and
Criminal Evidence Act 1984, in particular the ‘Code Of Practice
On Tape Recording Interviews With Suspects’. Suspects who are
yees are entitled to the additional rights provided for in
the Royal Mail Conduct Code.
3.2.7 Searching
Searches will be carried out in accordance to the Police and
Criminal Evidence Act 1984, in particular the ‘Code Of Practice
For Searches Of Premises By Police Officers And The Seizure Of
Property Found By Police Officers On Persons Or Premises’.
Suspects who are employees are entitled to the additional rights
provided for in the Royal Mail Conduct Code.
3.2.8 Casework
Investigations leading to potential prosecution will be reported
in accordance with the Criminal Procedure And Investigations Act
1996 and the Criminal Procedure And Investigations Act 1996 (S.
23(1)) Code Of Practice.
3.2.9 Prosecution
Suspect offenders will be prosecuted where there is sufficient
evidence and it is in the public interest in accordance with the
Code for Crown Prosecutors. Decisions to prosecute in non-Crown
Prosecution Services cases will be taken by nominated
representatives in the business with consideration to the advice
Royal Mail Group Criminal Investigation and Prosecution Policy
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provided by the Royal Mail Group Criminal Law Team.
3.2.10 Conduct and Oversight of Investigations
Royal Mail Group Security employees perform a vital role on
behalf of the public, the Criminal Justice system and Royal Mail
Group Ltd customers and employees. These stakeholders must have
absolute confidence in the integrity, conduct and professional
status of Investigators.
This means adherence to the laws, regulations and codes along
with their respective Procedure and Standards referred to above.
Complaints should be forwarded in the first instance to either
the Head of Investigations (Royal Mail, PFWW or POL) or to the
Complaint Manager (RMLS Policy, Standards and Investigation
Support Manager) or his nominated deputy for initial assessment
and selection of the business procedure, namely Criminal
Investigation, Grievance Procedure, Conduct Code or the Bullying
and Harassment procedure.
3.2.11 Scots Law and Northern Ireland
Paragraphs 3.1 to 3.2.10 all apply to Scotland and Northern
Ireland except where specifically articulated in Scots law,
Northern Ireland Statutory Instruments or by the Northern
Ireland Assembly, Procurator Fiscal or Director of Public
Prosecution ( guidelines.
3.2.12 Post Office Ltd Investigation
While adhering to legislative and group policy requirements, the
POL Investigation team have additional and, in some cases,
alternative Procedures and Standards, and supporting
documentation with which Post Office Ltd colleagues will comply.
Post Office Ltd Investigation team will maintain a separate
casework procedure and database.
Deployment
Policy is published on the Royal Mail Intranet site as
y No. S2.
The procedures to investigate crime against the Royal Mail Group
have been in existence for many years and are regularly reviewed
in response to changes in legislation.
Investigation Procedures and Standards relating to this policy
are included in the induction and ongoing training courses and
material provided to investigators. Any changes to the
procedures and standards are notified to investigators via
investigation circulars and communications.
Policy Royal Mail Group Criminal Investigation and Prosecution Policy
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Date 1 December 2007
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5. I Compliance
Reports of Incidents of crime or suspected crime are evaluated,
categorised and prioritised for investigation by the Criminal
Investigation Casework Teams.
The Casework teams report on volumes of investigations,
RM/POL/PFWW products, processes and services affected, and types
of offences and outcomes of prosecutions.
The Casework Teams monitor compliance with investigatory
procedures and standards.
Complaints will be investigated as per the complaints procedure.
6. I Monitoring
Representatives from Group Security, Criminal Law and the
business unit investigation teams will review this policy at
least annually.
Justice Inspection Northern Ireland
will conduct an occasional review of all investigatory processes
in Northern Ireland.
Contract Manager
Not applicable.
8. I Document details
8.1 I Author Ray Pratt
8.2 I owner Head of Criminal Investigation, RMLS
8.3 I Enquiry point Ray Pratt
8.4 I Effective from 1 December 2007
8.5 November 2008
8.6 ILast updated December 2007
9. [Assurance Details
9.1 I Name Tony Marsh, Phil Gerrish, Rob G Wilson,
Roger Duckworth, Ray Pratt, Simon Ramsden,
Marcus Copper, John M Scott
9.2 I Business Unit Royal Mail Group
9.3 I Assurance Date October 2005
10. [Final Review
10. I Approved by Phil Gerrish, Andrew Wilson
1
10. I Documented (Hard No Location
2 Copy)
10. » YES Location : Corporate Security
3 (Electronic) Database
Policy Royal Mail Group Criminal Investigation and Prosecution Policy
Title
version December 2007
Date 1 December 2007