DEVON & CORNWALL C O N S T A B U L A R Y

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1 DEVON & CORNWALL C O N S T A B U L A R Y Force Policy & Procedure Guideline EVIDENTIAL DIGITAL IMAGING Reference Number D296 Policy Version Date 17 November 2010 Review Date 01 April 2015 Policy Ownership Portfolio Holder Crime Department Assistant Chief Constable (OC) Links or overlaps with other policies: D105 Scientific Support Unit & Forensic Examination D124 Surveillance DEVON & CORNWALL CONSTABULARY POLICY & PROCEDURE - D296 EVIDENTIAL DIGITAL IMAGING Version dated 17/11/10 21/10/ This policy is currently under review pending the implementation of regional collaboration. For the latest information or procedural clarification, please direct all enquiries to the Head of Scientific Services Unit (contact details available via this link). CONTENTS: 1. Policy Statement. 2. Audit Declaration. 3. Introduction. 4. Records Management. 5. Diversity.

2 6. Internal Policy Links. 7. Procedures. 8. Preparing Master and Working Copies Digital Stills. 9. Storage and Retrieval of Master (Stills). 10. Action at Photographic Library (Stills). 11. Retention of Exhibit (Stills). 12. Printing (Stills). 13. Preparation of Prosecution File (Stills). 14. Preparing Master and Working Copies Digital Video. 15. Storage and Retrieval of Master (Videos). 16. Retention of Exhibit (Videos). 17. Preparation of Prosecution File (Videos). 18. Review. 1. POLICY STATEMENT (OPEN) 1.1 The Devon and Cornwall Constabulary aims, by working in partnership with other agencies, to bring about safer communities, reduce disorder, crime and the fear of crime and to contribute to the delivery of justice in a way which secures and maintains public confidence. The policing of Devon, Cornwall and the Isles of Scilly will focus on bringing the Police and the Community together in the fight against crime. 1.2 As part of this aim the Force is committed to the prevention and detection of crime, the protection of vulnerable communities and preserving the rights of individuals. In pursuit of these commitments the Devon and Cornwall Constabulary is committed in ensuring that evidential integrity must be maintained for all images which are created by digital methods intended for use as evidence, or which may potentially become evidential. 1.3 Such images will be captured, used, stored and retrieved following the procedures that are set out within this document, which complies with the Home Office guidance document entitled 'Digital Imaging Procedure' as approved by the Association of Chief Police Officers. 1.4 All staff involved through all stages of the Criminal Justice System (CJS) will work in partnership with the Crown Prosecution Service and the Courts to ensure that such evidence is prepared and presented in a professional manner for any court proceedings. 2. AUDIT DECLARATION (OPEN) 2.1 This policy has been drafted and audited in accordance with the principles of Human Rights Legislation, the Race Relations (Amendment) Act 2000, Disability Discrimination Act 1995, the Policing Bureaucracy Gateway and Freedom of Information Act Under the Freedom of information Act 2000, the document is classified as 'OPEN'.

3 3. INTRODUCTION (OPEN) 3.1 Conventional analogue methods of image capture have evolved over many years and are accepted in the Criminal Justice System. Digital capture of images will change the way in which evidence is produced both at the creation stage and at the final production of the image. Because a digital image can be easily altered, and such alteration can be undetectable, standard operating procedures will help ensure that when challenges are made, the integrity of the evidence can be defended successfully. 3.2 The following procedures are based on guidance from The Home Office Police Scientific Support Branch and are supported by ACPO (Crime). Reference can be made to the following documents: * House of Lords Select Committee on Science & Technology Report 'Digital Images As Evidence'. HL Paper 64-I * House of Lords Select Committee on Science & Technology 'Digital Images As Evidence' Government Response. HL Paper 121 * PSDB Paper 'Digital Imaging in the Criminal Justice System'. Author Jim Aldridge. PSDB document entitled 'Digital Imaging Procedure' (Version 1.0 March 2002) 4. RECORDS MANAGEMENT (OPEN) 4.1 There are no documents specifically generated by or associated with this guideline. 5. DIVERSITY (OPEN) 5.1 In the application of this policy the Devon and Cornwall Constabulary will not discriminate against any persons regardless of sex, race, colour, language, religion, political or other opinion, national or social origin, association with national minority, property, birth, or other status as defined under Article 14, European Convention of Human Rights (ECHR) and Race Relations (Amendment) Act INTERNAL POLICY LINKS (OPEN) 6.1 This policy should be read in conjunction with Force guidelines D105 Scientific Support Unit and Forensic Examination, D124 Surveillance. 7. PROCEDURES (OPEN) 7.1 Performance Standards and Equipment

4 7.1.1 As digital imaging is evolving so rapidly it has not been possible to define minimum standards for equipment or for the quality of resultant images The quality of images from digital cameras will be inferior to conventional cameras and the cost of printing using office desktop methods will be much higher than using professional digital printers. Before purchasing or using digital cameras, a 'Best Value' and compatibility assessment must be undertaken. This will include the purpose for which the camera will be used, processing requirements, and quality of image BCUs and departments wishing to purchase digital photographic equipment must discuss their requirements with the Photographic Services Manager, ext or prior to making the purchase (See Force Policy D105 Scientific Support Unit) Officers who intend to use digital imaging must ensure that in addition to camera equipment, they also have suitable hardware and software facilities to download the images to WORM (Write Once Read Many times) storage media. This will be essential in order to comply with these working practices. 7.2 Authority for use Digital photography should only be used for evidential purposes by authorised users, utilising Force owned cameras In some cases where greater definition is required, conventional photography may be used in preference or in conjunction with digital photography Digital photography is now accepted as the normal practice. Conventional photography may be used in addition or where a specialist technique is required for murders, serious crime, fatal RTCs and where fine evidential detail needs to be recorded In lesser crimes or where circumstances of the case permit digital photography will be the normal photographic media Personal equipment such as mobile phone cameras will not be used for the recording and transmission of evidential images. However, in exceptional circumstances, e.g. the imminent loss of vital evidence, the use of personal equipment to record the scene may be authorised by an Inspector or above In these circumstances, the mobile phone will then become an exhibit and must be submitted for forensic retrieval of the images in line with the rules of evidence and disclosure.

5 7.2.7 UNDER NO CIRCUMSTANCES will any images taken be transmitted via mobile phone networks, nor should any images be down loaded onto a computer, deleted, or sent via insecure systems Authority to use cameras (digital or conventional) for surveillance purposes must be obtained based upon requirements of use when necessary. Further information can be obtained from Force Policy D The Force Photographic Services Unit should actively be utilised at Major Crime Scenes in accordance with the specialised services that the unit can provide. 7.3 Continuity and audit trail One of the fundamental requirements of digital imaging as evidence is the need to guarantee the integrity of the images. Part of this process involves an audit trail being started at the earliest stage There will be a written audit trail or procedural log commenced before the capture of any images. An electronic audit trail may be commenced and maintained if the software is available The audit trail will include details of the case, description of the shots or footage taken, name of photographer, dates and times of the work, and details of the media used The paper audit trail will accompany the resultant media and will be updated on each occasion that any work is carried out A separate written audit trail need not be kept for each working copy, but where enhancements have taken place, audit trails must be considered When an additional working copy is created, the audit trail will indicate that this has been done. 7.4 Check operation of equipment Correct operation of equipment is vital to successful evidence gathering Time, date, operator information, and user definable settings must be checked and set prior to deployment Digital equipment is power hungry in terms of battery consumption Where the media is re-writable cards, they must be formatted in the particular camera in which they will be used prior to deployment. Ensure all previous data has been removed prior to use.

6 7.4.5 Reference should be made to manufacturer's manuals for specific details of functions of the equipment. Technical information for cameras can sometimes be downloaded from the Internet Ensure that the operator has sufficient media to carry out the tasks planned. 7.5 Capture of images It is vitally important that during the capture and subsequent procedures, the integrity of the images is maintained. One crucial aspect of the process is that NONE of the images taken should be deleted within the camera Image capture methods using digital cameras are very similar to conventional film cameras. Techniques and operator skills will be almost identical. Details of specific equipment operating procedures must be obtained from the equipment manuals To comply with Data Protection, disclosure, and image retention periods, when using a CD type camera, only one job will be taken for CD WORM The written audit trail must be updated from the moment that images are captured and throughout the evidential process so as to maintain continuity and integrity. 8. PREPARING MASTER AND WORKING COPIES DIGITAL STILLS (OPEN) 8.1 Digital images can easily be altered without detection. The integrity and authenticity of the images need to be managed as a priority. No alterations will be carried out to any digital image prior to saving it on the master non rewriteable medium. 8.2 There are a number of types of media, which are used to capture digital stills, i.e. reusable memory cards and non reusable media such as CD-R. 8.3 Where reusable memory cards have been used to make the initial recording, the images will be transferred to WORM media for storage at the earliest possible opportunity, and the disk finalised to prevent further recording. This process must be carried out without using manipulation software, and the image files must be in the same format as first captured on medium or attached to the camera or as recorded after transmission from the camera.

7 8.4 Only one job will be written onto each CD. Two CDs will be supplied to all CSI units per CSI Imaging task. Further CDs are available from Headquarters stores. 8.5 Simultaneously, or immediate after, a working copy will be made from the master. 8.6 Further working copies and/or enhancements will be made from this working copy, not from the master. 8.7 Once a master WORM has been produced, the camera memory or flash memory card must be formatted to erase all data. This will help prevent potential breach of data protection and possible human rights infringements. 8.8 Where non reusable media, e.g. CD-R, has been used to create the images, the disk must be finalised as soon as possible to prevent additional images being taken. 8.9 Immediately after finalisation, a working copy will be made from the master. Working copies may be in any of the following forms: digital media, hard copy stills, enhanced stills. 9. STORAGE AND RETRIEVAL OF MASTER (STILLS) (OPEN) 9.1 Master disks will be clearly labelled and seated in accordance with exhibit protocols (labels supplied from Headquarters stores). Master CDs may be opened and used with in-house authorisation, which will be gained via the Force Photographic Unit. 9.2 All master WORM media containing still images will be forwarded in secure packaging to the Force Photographic Services Unit, based at Heavitree Road Police Station for storage and archiving. A copy of a written audit trail must accompany the master. 9.3 The written audit trail will identify the photographers name and contact details, date taken, locations, number of images, and a unique reference number to clearly identify and match up the relevant tasks. 9.4 The audit trail must be updated on every occasion that access to the master is required, or if it is moved or handled by anyone. 9.5 If there is a requirement to open the sealed master, all actions must be recorded on the audit trail. Names, dates and times, together with the reasons for the actions must be recorded. As soon as any actions have been completed, the master must be re-sealed and the labels signed and dated.

8 10. ACTION AT PHOTOGRAPHIC LIBRARY (STILLS) (OPEN) 10.1 On receipt of a master, the photographic staff will enter full details into the current photographic records computer The audit trail will be updated on each occasion that the master is accessed Masters will be stored in secure cabinets under the control of the Force Photographic Services Librarian Images will be retrieved using unique reference numbers, which must have been supplied with the master, and other keywords, which will be entered at the time of storage. 11. RETENTION OF EXHIBIT (STILLS) (OPEN) 11.1 Retention of the master will confirm to Data Protection Act 1998 and the Criminal Procedure and Investigations Act The audit trail for the master will be completed contemporaneously As equipment and technology changes, it is imperative that systems are introduced and maintained that allow the images to be retrieved in the future, especially when long custodial sentences have been given. 12. PRINTING (STILLS) (OPEN) 12.1 Printing and electronic imaging of digitally created images will be carried out by the Force Photographic Services Unit utilising professional digital imaging processors. The advantage of using this equipment is the very low cost, speed of process, and very high quality of finished product Where images are not required for court purposes and quality is not a primary consideration locally held desktop printers may be used The Forcewide corporate standard will be maintained for the presentation of evidential images. All prints will be bound in albums with the standard photographic cover and back page. The album will indicate that all images are copyright of the Chief Constable Albums containing digital images will indicate on the cover that the images are digital. Digital covers are available from Photographic Services The number of prints/albums produced will be as per existing policy indicated in Force Policy D105 and linked documents. N.B An extra point. Where an officer is required to provide CJU with prints under the CJSSS project the officer must:

9 * FPU using 'photographer attendance request' with all relevant details, crime number, photographic job number etc immediately. * The will be checked every day. * 3 sets of contacts will be produced and sent to CJU. These contact prints are only supplied for the CJSSS pre court packs. 13. PREPARATION OF PROSECUTION FILE (STILLS) (OPEN) 13.1 Images will be used in many different forms and formats by the Criminal Justice Units. Images will appear differently depending upon viewing methods and how the image has been prepared. Case preparation must define how the images will be viewed in the event that evidentially significant material is not visible in some forms Hard copy prints will always be mounted in photographic albums using Form 93 covers and backs indicating the force copyright notice and that the images are digital Only the working copy will be used to assist in the preparation of the case files The images will be subject of the Disclosure of Evidence guidelines, and any enhancements must be documented When challenges are made against the integrity or authenticity of the images, the master copy with its audit trail(s) will be made available to the court. 14. PREPARING MASTER AND WORKING COPIES DIGITAL VIDEO (OPEN) 14.1 There are a number of digital video formats currently available. These include digital recording to conventional video tape, special digital tape, WORM, e.g. CD-R, and computer hard drives. It is anticipated that the variety of formats will increase Where the original is in digital tape form, this will become the master, or an exact copy onto digital tape of CD WORM must be made At the earliest possible opportunity, all the data must be transferred to a master and simultaneously, or immediately after, working copy(s) will be made. Working copies may be in any of the following forms: tapes or digital media, hard copy stills, edited video, enhanced video or stills.

10 14.4 On all occasions, the write protection tab should be activated before making the copy Additional working copies must be created from the first working copy, not from the master Sequence copies of sections of video can be made if required Costs of preparing CD WORM will be borne by the BCU or Department, which created the images. 15. STORAGE AND RETRIEVAL OF MASTER (VIDEOS) (OPEN) 15.1 Moving videos will be stored at the Video Processing Unit under the responsibility of Criminal Justice Department and in line with current working practice located here As soon as the master has been defined, it must be clearly labelled, sealed and stored in a form and manner that can be easily retrieved and viewed, if requested, at a later stage. It must be kept in accordance with exhibit protocol, and never re-opened except by the order of the court, who may wish it to be viewed or wish to make copies to establish authenticity The audit trail must be updated on every occasion that access to the master is required, or if it is moved or handled by anyone If there is a requirement to open the sealed master, all actions must be recorded on the audit trail. Names, dates and times, together with the reasons for the actions must be recorded. As soon as any actions have been completed, the master must be re-sealed and the labels signed and dated. 16. RETENTION OF EXHIBIT (VIDEOS) (OPEN) 16.1 Retention of the master will conform to Data Protection Act 1998 and the Criminal Procedure and Investigations Act The audit trail for the master will be completed contemporaneously An audit trail for the first working copy is recommended, and should be used to record enhancements which are made As equipment and technology changes, it is imperative that systems are introduced and maintained that allow the images to be retrieved in the future, especially when long custodial sentences have been given.

11 17. PREPARATION OF PROSECUTION FILE (VIDEOS) (OPEN) 17.1 Images will be used in many different forms and formats by the Criminal justice Units. Images will appear differently depending upon viewing methods and how the image has been prepared. Case preparation must define how the images will be viewed in case evidentially significant material is not visible in some forms Only the working copy will be used to assist in the preparation of the case files The images will be subject of the Disclosure of Evidence guidelines, and any enhancements must be documented When challenges are made against the integrity or authenticity of the image, the master copy with its audit trail(s) will be made available to the court. 18. REVIEW (OPEN) 18.1 The annual review of this guideline is the responsibility of Commander Crime Department (OC).