National Guidance on the Minimum Standards for the Retention and Disposal of Police Records

National Guidance on the minimum standards for the Retention and Disposal of Police Records

These GUIDANCE NOTES contain information to assist policing in England, Wales & Northern Ireland.

It is OFFICIAL under the Government Security Classification Scheme. It is disclosable under the Freedom of Information Act 2000.

Document information

These Guidance Notes have been produced by the Information Management for the Police Service Group on behalf of the NPCC DP, FOI and RM Portfolio Group and were endorsed by NPCC Cabinet/Chief Constables’ Council. It will be updated according to legislative and policy changes and re-published as required.

2 Content

Section Page

1 Background 4

2 Responsibilities for Records Retention & Disposal 4

3 Risk 4

4 Benefits of a Retention Schedule 5

5 Disposal 5

6 Management of Police Information (MoPI) 5

7 Maintenance 5

8 Glossary 5

9 Records Retention Tables 6

• Assets and Products 7 • Crime and Case Files 11 • Detecting 15 • Finance 23 • Information 29 • Organisation, Programmes & Projects 32 • People 37 • Preventing 43 • Property 47 • Prosecution 50

Appendix A : Table of Retention Periods

1. Background

1.1 The NPCC Guidance on The Minimum Standards for the Retention and Disposal of Police records has been produced by the National Police Chiefs’ Council (NPCC) to assist police forces in their statutory responsibility to comply with the General Data Protection Regulation (GDPR) / Data Protection Act 2018, The Code of Practice on the Management of Police Information (2005) and other legislative requirements. The Information Management – Management of Police Information section of the Authorised Professional Practice (APP) is the detailed guidance referred to in the Code of Practice and supersedes ACPO (2010) Guidance on Management of Police Information.

1.2 The Guidance recognises the need for a common approach across the police service to the retention and disposal of police records following the Soham Murders, the subsequent Bichard Enquiry and recent developments in relation to the Police National Database (PND) which allows police forces to share information in a way that was not previously possible.

1.3 The Guidance also recognises that the police service creates a plethora of records in the course of the delivery of policing which falls outside the CPIA and other guidance. It is these records that the Guidance is primarily trying to address.

1.4 The Guidance sets the minimum standards for the police service which all police forces are encouraged to adopt. They are not mandatory and there will be occasions when individual police forces will deviate from them for a variety of technical, operational and organisational reasons. The ultimate responsibility for the retention and disposal of police information rests with the chief constables who are the data controllers under the GDPR /Data Protection Act 2018.

1.5 A particular record may exist in several formats such as both paper and electronic. At the point of retention / storage consideration should be given to storing a record in a single form at such as electronic and deleting the duplicated information. When records are stored for long periods due consideration needs to be given to protect and preserve the record against accidental loss, deterioration and obsolescence.

1.6 The primary target audience for the guidance is chief constables (in their capacity as data controllers), records managers and others directly involved in the management of police information. However it has been designed to be accessible to all police officers and police staff.

1.7 The guidance refers to all information, regardless of the medium in which it is stored.

2. Responsibilities for Records Retention and Disposal

2.1 Assigning responsibility for the retention and disposal of information is down to each individual Police Force.

3. Risk

3.1 Responsibility for the managing and use of information within the police service rests with the chief officer of the police force that owns the information.

3.2 There are inherent risks attached to the retention and disposal of police records which directly affect operational policing, public protection and public confidence.

3.3 This guidance provides chief police officers with a common and consistent approach to the retention and disposal of police records that seeks to balance proportionality and necessity.

4. Benefits of a Retention and Disposal Schedule

4.1 There are a number of benefits which arise from the use of a retention schedule:

(a) Allows the management of information to be consistent and compliant.

(b) The Police Service can be confident about disposal information at the appropriate time.

5 Disposal

5.1 Disposal means deleting or destroying a record to the extent that it cannot be retrieved.

••• Management of Police Information (MoPI)

.1 In addition to legislative requirements the chief constables have to pay due regard to MoPI. This retention and disposal schedule has where necessary made reference to MoPI / Groups 1-4. See Appendix B for a copy of the current Review Schedule from the APP (Authorised Professional Practice) site under Information Management.

.2 Individual forces should follow local policies and procedures in place for the review and assessment of information. See Appendix C for MoPI National Retention Assessment Criteria (NRAC) form.

••• Maintenance

.1 This document will be reviewed and maintained every two years by the Information Management for the Police Service Group. Additions and amendments where required for legislative purposes will be updated as and when required.

••• Glossary

APP – Approved Professional Practice ARV – Armed Response Vehicle CAFCASS – Children and Family Court Advisory and Support Services CLA – Civil Litigation Act (official title is Limitation Act 1980) CPIA – Criminal Procedures and Investigations Act 1996 CPS – Crown Prosecution Service DBS – Disclosure and Barring Service DP / DPA – Data Protection Act 2018 EoFY – End of Financial Year FPN – Fixed Penalty Notices GDPR – General Data Protection Regulation HMIC – Her Majesty’s Inspectorate of Constabularies HMG – Her Majesty’s Government HO – Home Office ICO – Information Commissioners Office OJEU – Official Journal of the European Union IPCC – Independent Police Complaints Commission MAPPA – Multi Agency Public Protection Arrangements MoPI – Management of Police Information NFA – No Further Action NIM – National Intelligence Model NPCC – National Police Chiefs’ Council PACE – Police and Criminal Evidence Act 1984 PND – Police National Database POCA – Proceeds of Crime Act 2002 RIPA – Regulation of Investigatory Powers Act 2000 RTA – Road Traffic Act 1988 TNA – The National Archives VDRS – Vehicle Defect Rectification Scheme

5 ••• Records Retention Tables

.1 Tables below set out the retention and disposal timescales for the following areas:

• Assets and Products • Crime & Case Files • Detecting • Finance • Information • Organisation, Programmes and Projects • People • Preventing • Property • Prosecution

ASSETS & PRODUCTS

7 Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) Alarms Burglary Alarm End of installations (non-police subscription locations) Asset Register List of assets e.g., when National Archives Page 11 hardware superseded or 6 years Breath Testing Evidential breath Life of machine procedures; breathalyser + 1 Year machine log etc; calibration /certification of the station Intoximeter machine by a qualified engineer Breath Testing Local test records for 6 Months hand held road side breath test machines. Usually done weekly by a clerk. CS / PAVA Gas Issue / disposal Life of canister Records + 6 Months CS / PAVA Gas Discharge 6 Years Records Dogs - Police Dogs Individual Police dogs Service of the files (includes bites dog + 6 Years records / register) Equipment and Personal protective 6 Years The Provision and Use of Work Supplies equipment supplied, (inspections – Equipment Regulations 1998, maintenance logs etc. Until superseded, Regulation 6 (3) maintenance log kept up to date) The Provision and Use of Work Equipment Regulations 1992, Schedule 6 Fire Tests Monthly fire tests at 7 Years Fire Precautions Act 1971 as Force buildings amended by the Fire Precautions (Workplace) (Amendment) Regulations 1999, SI 1999 No 1877

8 Records of Firearms Records of firearms 6 Years Force Policy From last issued and returns issued and returned entry Directive 2008/51/EC Control of the Acquisition and Possession of Weapons

The Firearms Regulations 2015 (amendment to the Firearms (Amendment) Act 1997) Police Horses Individual Police horse Service of the files (includes incident Horse + 6 Years records / register) Information Back -up tapes Local Force Technology - Back requirements Up Tapes Photographs: Photographs: Negatives Force Policy Force Policy / Historical Negatives of of photographs produced photographs for the force (not crime produced for the related) force Police Authority/Police Deeds Until the sale of Force Policy & Crime Commissioner the property Buildings and Land - Update land Deeds of Arrangement Act 1914, Deeds registry when Section 10 necessary Police Authority/Police Documents/information Until the sale of Some police house / station & Crime Commissioner relating to the ownership the property documents are of historic interest Buildings and Land - of buildings and land and will be kept permanently Police Houses / property plans and Stations records of work etc. Property - Buildings Leases 16 years after Force Policy not owned by Police expiry National Archives Authority/Police & Crime Commissioner Property - sub - letting Leases 16 years after National Archives of police expiry authority/Police & Crime Commissioner buildings Stock taking Stores inventory etc. 3 Years HMRC CH15400

9 Vehicles (Police) Vehicles defect reporting, Disposal of Force Policy Defects registers vehicle + 3 Years Vehicles (Police) Vehicle Equipment Disposal date + Force Policy Equipment Specification Sheets 3 Years Specifications Vehicles (Police) Log Log books; mileage Disposal of Force Policy Book records etc vehicle + 3 Years The Provision and Use of Work Equipment Regulations 1998, Section 5 and 35 Vehicles (Police) Vehicle history; Disposal of Force Policy Maintenance Maintenance records vehicle +3 years Records register; Job cards; Parts +6 years for The Provision and Use of Work records accident files Equipment Regulations 1998, Section 5 and 35

Limitation Act 1980 Vehicles (Police) Check list for vehicles Disposal date + Force Policy, CLA New Vehicle Check prior to being accepted 3 Years Form and commissioned into fleet Vehicles on Test log for vehicles 3 Years Force Policy demonstration trialled by the Force; Appraisal forms Vehicles on Hire Request to Hire etc. End of financial Force Policy year + 6 Years Waste Management Consignment notes 3 Years Special Waste Regulations 1996, - Special Waste / Environment Protection (Duty of controlled Care) Regs 1991

CRIME AND CASE FILES

11 Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) Crime File MoPI Group 3 Offence Minimum of 6 APP MoPI Incident report, Clear period to Years. crime report, case be taken into file etc. consideration. It is recommended that any crime, process or custody records held locally relating to a Nominal holding a current firearm/shotgun licence must be retained. This means that the firearm/shotgun licence re- sets the clear period and the nominal record must be retained for the length of the certification period. Crime File MoPI Group 2 Offence 10 Years (Then APP MoPI Incident report, If undetected Review) Retain crime report, follow MoPI again if case file etc. guidance / necessary Force Policy It is recommended that any crime, process or custody records held locally relating to a Nominal holding a current firearm/shotgun

12 licence must be retained. This means that the firearm/shotgun licence re- sets the clear period and the nominal record must be retained for the length of the certification period. Crime File MoPI Group 1 Offence 100 Years (age) APP MoPI Incident Review every (Review every report, 10 years to 10) crime ensure report, adequacy (Child Sexual case file and Abuse must be etc. necessity. kept for a It is recommended minimum of 25 that any crime, years even process or custody where this records held locally exceeds the relating to a age of 100 Nominal holding a years.) current firearm/shotgun licence must be retained. This means that the firearm/shotgun licence re- sets the clear period and the nominal record must be retained for the length of the certification period. Collisions Road Traffic Collisions - Minimum of 6 CLA /RTA 1988 Includes Non Fatal, Non-Serious Years or until the minor injury and Damage only injured party is and damage 21 years old only whichever is the

13 longest Collisions Fatal and Serious Minimum of 6 RTA / CLA / CPIA / MoPI Review as MoPI Gp1 – e.g. Years. per Causing death Nominal / by dangerous injured driving. MoPI party Gp2 – e.g. Causing danger to road users, MoPI Gp3 – fatalities or accidents where non-violent crimes involved, Others Collisions – Police Road Traffic Collisions – 6 Years unless Accidents 3rd Party/injury to officer injury to child then age 18 + 3 years Traffic Minor Traffic offences – 3 Years from CLA No injuries, collision Dealt with date books Traffic Minor motoring offences 1 Year NFA, 3 RTA 1988 e.g. Defective tyre, lights Years from dealt etc. with date. (if charged)

DETECTING

15 Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) Abnormal loads 6 Months after Force Policy transport. Air Operations / Surveillance, Operations 31 days or Support Unit - etc. review as per

Videos nominal file if evidential ARV Mobilisation 25 Years Force Policy Calls for Police 6 Years CLA Assistance / Call Management Records CCTV Closed Circuit Television 31 days or N/A or MoPI Groups 1-3 Force Policy /Civil Tapes. Video tapes relevant parts Litigation / produced by any CCTV copied and MoPI if system used by a force retained as per appropriate e.g. custody MoPI rules or if the whole tape is evidential retain as per MoPI. CCTV Closed Circuit Television Minimum of 6 MoPI Groups 1 - 4 Tapes. Video tapes not years / review owned by a force but as per nominal needed for evidential file purposes Command & Control Command & Control Logs 6 Years or CLA, MoPI Groups 1-4 Logs relevant parts copied and retained as per MoPI rules or if the whole tape is evidential retain as per MoPI. Custody Records Minimum of 6 MoPI Groups 1 - 4 It is

16 Years / review recommended as per nominal that any crime, file process or custody records held locally relating to a Nominal holding a current firearm/shotgun licence must be retained. This means that the firearm/shotgun licence re-sets the clear period and the nominal record must be retained for the length of the certification period. Custody Images Please see APP MoPI Custody Images guidance within APP MoPI Custody Medical Medical Records of 6 Years CLA Records custody detainees DNA Current ACPO guidance Profile - for adults is retained Protection of Freedoms Act 2012 indefinitely where there is a conviction, retained for 3 years where there was a charge but no conviction (and no previous convictions recorded) and

17 deleted immediately if not charged (a single search is permitted before destruction). Profile – for under 18s is retained indefinitely where there is a conviction for qualifying offence, 1st recordable minor offence conviction 5 years (plus length of prison sentence) or indefinite if prison sentence is 5 years or more, 2nd recordable minor offence conviction indefinite DNA in relation to fixed penalties are retained for 2 years. Dog Bites 6 Years unless CLA injury to child (age 17 or MoPI Group 3 - Other Offences under) then age 18 + 3 years Dogs - Dangerous Dangerous 6 Years MoPI Group 3 - Other Offences Force Policy Dogs/Worrying livestock investigation

18 records/complaints Fingerprint and Palm For adults is Prints Arrested / retained Protection of Freedoms Act 2012 Attendees indefinitely where there is a conviction, retained for 3 years where there was a charge but no conviction (and no previous convictions recorded) and deleted immediately if not charged (a single search is permitted before destruction). For under 18s is retained indefinitely where there is a conviction for qualifying offence, 1st recordable minor offence conviction 5 years (plus length of prison sentence) or indefinite if prison sentence is 5 years or more, 2nd recordable minor offence conviction indefinite

19 Prints in relation to fixed penalties are retained for 2 years. Fingerprint Evidence Minimum of 6 CPIA / CLA / MoPI / RIPA Review as per Files Years (Review) Nominal / Crime Fingerprint Files - Duration of Force Policy / HO Regulations If used for Serving Officers and service + 6 elimination staff Months The Police Regulations 2003, purposes in Regulation 18 court additional retention may need to be evaluated. Fingerprints - Elimination prints Until no longer PACE Elimination Prints (victims, witnesses) needed Police and Criminal Evidence Act 1984, Regulation 64

Protection of Freedoms Act 2012

Footprints - Undetected Exhibits Serious Crime: retain for 50 years

All other undetected crime: destroy after 1 year if unused

Footprints Print Scans Undetected Crime (non- serious): destroy after 3 months Footprints Custody Print Retain for 1

20 Scans year ID Parades Video, Pictures, records Retain Case / audit trails Crime Intelligence Case by Case MoPI / RIPA / NIM at least 6 years Major Incidents Multi agency Review when APP MoPI Group 1 Consider public / investigation e.g. Rail finalised / Case historical crash, public enquiry by Case interest test, refer to lead agency. Missing Persons Found 6 clear years APP MoPI Group 4 minimum dispose if no further indicators of risk Missing Persons Outstanding Until found or APP MoPI Group 4 100 Years from report Photographs: Scenes of Photographs taken at Minimum of 6 APP MoPI Groups 1 - 4 crimes scenes of crimes; DVDs, Years / review Videos, CDs etc. as per nominal file Premises Searched Minimum of 6 Logs Years, retain case/ crime Road Search Vehicles stopped at road 12 months Police and Criminal Evidence Act checks authorisation 1984, Regulation 3 SOCO/CSI Files Details of examinations Minimum of 6 APP MoPI Groups 1 - 4 Years, retain Case / Crime Telecommunication Requests Minimum of 6 RIPA / Surveillance Years, (Review) (RIPA) Telecommunication Results Retain Case / APP MoPI / RIPA / Surveillance Crime / Intel (RIPA) At least 6 years Technical Support Requests for Technical 6 Years RIPA, APP MoPI Units Support (TSU Files) Unused material Material not provided to Minimum of 6 APP MoPI Groups 1 - 4

21 CPS for prosecution Years, retain Case / Crime

Video Interviews Minimum of 6 APP MoPI Groups 1 - 4 (Child / vulnerable Years, retain adult) Case / Crime

(Child Sexual Abuse must be kept for a minimum of 25 years even where this exceeds the age of 100 years.) Wildlife files 6 Years Force Policy

FINANCE

Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) Accounts Receivable accounts 6 Years Auditors +EoFY HMRC

Companies Act 2006, Regulation 388 Accounts Final accounts Auditors tabulations 6 years + EoFY Companies Act 2006, Regulation 388

HMRC Accounts Statements of accounts 6 Years + Companies Act 2006, Regulation rendered and payable; EoFY 388 accounts outstanding and outstanding orders HMRC Audits Finance – internal and 6 Years + Force Policy, Auditors external EoFY HMRC

Banking Records Cheque book/stubs for all 6 Years + Force Policy, Auditors, Disputes, accounts; Dishonoured EoFY Claims, Financial Services Act 1986, cheques; Stoppage of Companies Acts 1985 and 1989 cheque payment notices; Record of cheques Companies Act 2006, Regulation opened books; Cheque 388 registers HMRC Banking Records Fresh cheques; record of 6 Years + Force Policy, Auditors, Disputes, cheques paid/presented EoFY Claims, Financial Services Act 1986, Companies Acts 1985 and 1989

Companies Act 2006, Regulation 388

HMRC Banking Records Bank deposit 6 Years + Force Policy, Auditors, Disputes, books/slips/stubs; Bank EoFY Claims, Financial Services Act 1986, deposit summary sheets; Companies Acts 1985 and 1989 Summaries of daily banking; Cheque HMRC schedules; Register of cheques lodged for Companies Act 2006, Regulation collection 388 Banking Records Reconciliation 6 Years + Force Policy, Auditors, Disputes, files/sheets; Daily list of EoFY Claims, Financial Services Act 1986, paid cheques; Unpaid Companies Acts 1985 and 1989 cheque records HMRC

Companies Act 2006, Regulation 388 Banking Records Bank statements, 6 Years + Force Policy, Auditors, Disputes, periodic reconciliation's EoFY Claims, Financial Services Act 1986, Bank certificates of Companies Acts 1985 and 1989 balance Companies Act 2006, Regulation 388

HMRC Banking Records Electronic records, audit 4 years + Force Policy, Auditors, Disputes, trails EoFY Claims, Financial Services Act 1986, Companies Acts 1985 and 1989

HMRC Budgets Control year -end 6 Years + HMRC tabulations; End of year EoFY summaries; quarterly summaries. Budgets Chartered Institute of Permanently Auditors Public Accountancy, estimates and actuals HMRC Cash Books/Sheets Expenditure sheets; Cash 3 Years + Force Policy, Auditors, Disputes, books/sheets; Monies EoFY Claims book

25 HMRC Central Stores Purchase orders 6 Years + Force Policy, Auditors, Disputes, Requisitions EoFY Claims

HMRC Creditors Creditors history records, 6 Years + HMRC lists and reports EoFY Debtors Debtors records and 4 years + HMRC invoices, debit notes, EoFY invoices paid or unpaid etc. Duty Records Record of hours worked 2 Years + Working Time Regulations 1998, EoFY Regulation 9 Employment Cost Cost of employment 6 Years + National Archives EoFY HMRC Expenditure Creditors' history records; 6 Years + VAT implications Records lists/reports EoFY HMRC

Expenditure Statements of accounts 6 Years + Force Policy Records outstanding; outstanding EoFY orders; statements of HMRC accounts - rendered payable Expenses Mileage/travel and 6 Years + Taxes Management Act 1970, subsistence - claims and EoFY Regulation 34 authorisation; Credit Card statements and receipts HMRC

National Archives Page 9 Financial Working Closing Papers; estimates 6 Years + Force Policy, Auditors Papers working papers (including EoFY spreadsheets); grants HMRC working papers (or until completion of audit) Income Generation Income generation, 6 Years + HMRC sponsorship EoFY Invoices Paid invoices (except 6 Years + VAT implications utility invoices) EoFY

26 HMRC Invoices Utility invoices 6 Years + Force Policy EoFY HMRC Ledger Records General and subsidiary 6 Years + Force Policy ledgers produced for the EoFY purposes of preparing HMRC certified financial statements or published information; Creditors' legers Ledger Records Audit sheets - ledger 6 Years + Force Policy postings EoFY HMRC Ledger Records Journals - prime records 6 Years + Force Policy for the raising of charges EoFY HMRC Overtime Forms Overtime forms 6 Years + Force Policy EoFY Payroll Payroll records/personal 6 Years + Force Policy record cards EoFY National Archives Page 13 Payroll External Payroll 6 Years + Force Policy records/personal record EoFY National Archives Page 13 cards Payroll Pay ledger 6 Years + Force Policy EoFY National Archives Payroll - external Government forms etc. 6 Years + National Archives Page 13 Required for tax. EoFY Payroll - internal Not required for tax 6 Years + National Archives Page 13 EoFY Pension files Police pension files Until age 100 National Archives Page 12 (including Widows) Petty Cash Petty cash 6 Years + VAT implications records/books/sheets; EoFY HMRC Petty cash receipts Postage Postage expenditure 6 Years + Force Policy records / franking EoFY HMRC machine records Precept Notification Precept charges 6 Years + EoFY Purchase Orders - Certified copies of official 6 Years + Force Policy Official orders EoFY HMRC

27 National Archives Page 11 Revenue Revenue Estimates, 6 Years + Force Policy summaries EoFY HMRC Revenue Outturn Revenue outturn 6 Years + Force Policy EoFY HMRC Time sheets Time sheet registers 6 Years + Force Policy EoFY The Working Time Regulations 1998, Regulation 9 Travel and Claims 6 Years + Force Policy Subsistence EoFY National Archives Page 9 HMRC Value Added Tax Quarterly VAT tabulations 6 Years + VAT implications (VAT) EoFY HMRC Note on charging for Section 18 of the Police NPCC produced Guidance on The provision of For information services, including Act 1996 allows goods Charging for Police Services in goods and services only disclosures and services to be 2005, which is used as the basis for under Section 18 provided by the police charging external bodies and applies to the and an appropriate individuals for policing services provision of charge can then be made information from to customers police databases, and whilst NPCC guidance does say pricing policy is at the discretion of the individual Force, standard charges are laid down in Appendix 3

INFORMATION

29 Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) Criminal Injuries Claims by persons 6 Years from CLA Compensation injured time dealt with Criminal Injuries Compensation Act Authority Claims (see 1995 also Litigation against the force) Data Breach Non -crime 2 Years Consider further Records/Investigations retention if Civil claim may exist. Data Processing Data processing Life of contract Agreements agreements with or end of APP Information Management – external organisations agreement Data Protection Disclosures Subject Access 2 Years from Requests disclosure or from APP Information Management – completion of any Data Protection appeal, local or ICO. Then review. Disclosure DBS Retain for 10 Years from date of request Disclosures s29(3) requests 2 Years from date of APP Information Management – disclosure Data Protection Disclosures S3 Mental Health Act 2 Years from APP Information Management – Requests date of Data Protection disclosure Disclosures Social Services, local 2 Years from APP Information Management – authority, DP registers date of Data Protection and ad hoc disclosure Disclosures Cafcass checks 2 Years from Guidance on Assessment of date of Children in Need, and ACPC Child disclosure Protection Procedures p203, 5.7

Disclosures Court Orders Retain for 2 Years from date

30 of request Disclosures Freedom of 2 Years from APP Information Management – Information disclosure or from Data Protection completion of any appeal, local or ICO. Information Sharing Copies of Information Until Agreements, Protocols, sharing protocols & superseded or Memoranda of Memoranda of revoked Understanding Understanding Identity Access Records of the 7 Years from HMG Minimum Requirements for Following Management Records supporting evidence the end of the the Verification of the Identity of discussion with the and methods used to business Individuals, Section 2.3 PND Project Team verify and validate relationship there is a identity requirement to retain records validating the identity of individuals in accordance with HMG's Minimum Requirements for the verification of the identity of individuals for the purposes of Scheme accreditation.

31 ORGANISATION, PROGRAMMES AND PROJECTS

Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) Air Operations / Flight records; helicopter 6 Years Support Unit - Flight records Records Annual Reports Chief Constable's Permanently Police Reform and Social Responsibility Act 2011, Section 12 Audits System and internal 6 Years National Archives security audits Campaigns Campaigns - plans, briefs End of campaign National Archives Look at further final documents +1 Year retention for historic purpose Ceremonial, official Force ceremonials, 5 Years National Archives Look at openings, dedications openings, events etc. possibilities to transfer to local archive after 20 Yrs. NB Recommendation of Hillsborough Panel. Committee – Senior Agendas, minutes, 6 Years National Archives Internal Audit All senior Management Team conferences (Audio Records Page 6 manage (SMT) & Senior recordings can ment & Partnership Meetings be destroyed Companies Act 2006, Section 248 senior (SPM) once partnersh transcribed) ip meetings Committees - Police Corporate Permanently Main Committee agendas and Force Policy, Authority, Police and minutes Historical Crime Commissioner Complaints from the Complaints lodged 6 Years from Public against the Service closure of the received from the public complaint Contingency Planning and Policy Until Health and Safety at Work Act Corporate

33 Planning matters; meetings Superseded or 1974, Section 2 Revoked Continuous Performance indicators & 2 Years Improvement all associated Reviews spreadsheets and statistics relating to their production. Best Value Reviews Contracts Pre -Tender 3 years from The Public Contracts Regulations Documentation i.e. date of award of 2015, Regulation 84(9) adverts and notices, the contract expressions of interest, The Utilities Contract Regulations references, shortlist 2006, Regulation 37

OJEU Regulations Contracts Pre -Tender 7 Years OJEU Regulations Documentation i.e. evaluation reports (PQQ’s) Contracts Contract Documents 6 years from National Archives i.e. original tender, end of contract signed acceptance plus unless it’s a any variations to Deed where 12 contract, performance years is notices, records of necessary complaints, termination notices, extensions to contract Correspondence - Correspondence from 2 Years from Force Policy General members of the public or final National Archives Organisations communication on topic Correspondence - Correspondence between If connected to a The Date Retention Regulations Internal stations, departments, criminal case, HR 2009 staff etc. or project retain in line with other National Archives paperwork, all other retain for 12 Months Crime Statistics Various; see also Retain for 2 Consider Crimsec, Scorecards, Years (Min) Operational

34 Breath test Statistical need, Public returns - depersonalised interest/ information provided to Historical Home Office on a regular records. basis. Crimsec Reports All annual, monthly and 2 Years quarterly returns - either paper based or electronic HMIC annual statistical returns. Evaluation Training courses 2 Years Questionnaires HMIC Inspection & Inspection Reports; 1 Year after HMIC owned Audit Reports Thematic Inspection actions Reports; HMIC Audit completed reports Insurance Policy Fidelity Guarantee, Until Force Policy Documents Liability and Aviation, superseded or Motor, Personal Accident cancelled + 10 and travel, Professional Years Indemnity, Property and Engineering Insurance Policy Employers' Liability 40 Years Employers' Liability (Compulsory Documents Insurance Certificates Insurance) Regs 1998 Museum and Force Documents, photographs, Permanently Museums and Galleries Act 1992 - Archives artefacts Not specific Policy - Force Policy documents relating Retain until Retention of final Consider to the introduction of superseded and policy / procedure Operational new legislation, and its then for 10 itself, not need, Public documents/information years supporting interest/ interpretation and the developmental Historical formation of policy paperwork records. regarding major incident planning Policy & Procedure Policy 1 Year after Retention of policy documents/information subsequent / procedure itself, relating to the formation revision not supporting of policy developmental paperwork Press Releases Press Office Press 6 Years consider Releases historical archive National Archives Page 4

35 Press Releases – Draft Contingency Press 6 Months Unused Press Releases Releases Projects Reports, Plans, Briefings 5 Years National Archives Page 4 etc. following completion of project & consider final report of major projects for permanent retention (in local archives office) Publications - Printed Publications; 6 Years consider Printed force newspapers; etc. historical archive Re -organisation Amalgamations, 25 Years & boundary issues, consider establishment, inspection historical reports Surveys Public surveys, research 2 Years Look at further reports retention for historic purpose Training Course 6 Years content - Non from when Operational training ceases/course content changes Training Course 10 Years from Retain all Look at content - when training versions whilst public Operational ceases/course training course interest / content changes in existence + historic 10 years. value

PEOPLE

Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) Accidents at work Accident report forms – 6 Years The Reporting of Injuries, Diseases Accident books and Dangerous Occurrences Regulations 1995, Regulation 7 Accidents at work Employers Liabil ity Claims 6 Years CLA, Health & Safety Executive Limitations Act 1980 Accidents at work Reportable injuries, 6 Years CLA, Health & Safety Executive The diseases and dangerous Reporting of Injuries, Diseases and occurrence Dangerous Occurrences Regulations 1995, Regulation 7 Annual Leave 2 Years Natio nal Archives Page 10 Records Conduct Records Records relating to the Minimum of 6 Conduct incidents investigation of personnel years and MoPI should be MoPI who may have review in line graded 1-3 based committed a criminal with MoPI on the offence offence or behaved in a which is being manner which would investigated justify disciplinary (regardless of proceedings whether the incident is officially crimed) and reviewed and retained in line with MoPI. This means that the officer/staff member’s record will be retained subject to their overall clear period. Complaints Records Records relating to an 6 years from end At the discretion of expression of of PSD records can be dissatisfaction by a sanction/closure retained beyond 6

38 member of the public of investigation years where the about the conduct of a (whichever is officer/staff serving member of the longest) member has police received further complaints since the last incident and this shows a pattern of behaviour. Employment Records and files 6 Years from The Employment Tribunals Tribunals conclusion of (Constitution and Rules of case Procedure) Regulations 2013, Regulation 14 Firearms Training Firearms Training until age 100 Firearms Act 1968, Section 28A Certificates Grievances Equal opportunities, 2 Years (Min) Not to be sexual / racial confused with harassment discipline Internal Grievance process Health & Safety - Audits, safety inspections 5 Years The Management of Health and Audits Saftey at Work Regulations 1992, Regulation 5

National Archives Health & Safety Accident Report Forms: 3 Years from The Reporting of Injuries, Diseases Records Forms F2508 (accidents date of event and Dangerous Occurrences and dangerous (or 6 years Regulations 1995, Regulation 7 occurrences): Form after claim) F2058A (diseases) Health & Safety Records where exposure 40 Years The Control of Substances Records may lead to disease Hazardous to Health Regulations many years later 2002, Regulation 10 Health & Safety Air monitoring - lead 5 Years The Control of Lead at Work Records - Air Regulations 2002, Regulation 9 Monitoring Health & Safety Asbestos Records of 40 Years (from The Control of Asbestos Records - Asbestos those exposed to the date of last Regulations 2012, Regulation 22 asbestos record entry)

39 Health & Safety Asbestos inspections and Removal of Records - Asbestos building records asbestos + 5 Years or Control of Asbestos Regulations subsequent 2012, Regulation 13 inspection + 5 Years Health & Safety Health and safety 100 years old National Archives Records - Awareness awareness records Records Health & Safety List of employees 40 Years from Control of Substances Hazardous to Records - Biological exposed to group 3 & 4 last exposure Health Regulations 2002, Schedule Agents biological agents 3 The Section 4 Health & Safety Buildings Lifetime of The Construction (Design and Records - Buildings building ( plus 3 Management) Regulations 1994, Years) Regulation 12 Health & Safety Compressed Air 40 Years from Records - last exposure The Construction (Design and Compressed Air Management) Regulations 1994, Regulation 12 Health & Safety Exposure to Lead 40 Years from Records - Exposure last exposure The Control of Lead at Work to Lead Regulations 2002, Regulation 10 Health & Safety Maintenance control 5 Years from The Control of Lead at Work Records - Exposure measures date of entry Regulations 2002, Regulation 8 to Lead Health & Safety Fire Certificates 12 Years after Fire Precautions Act 1971, Section Records - Fire expiry or until 6.8 superseded Stays on site National Archives Health & Safety Fire precautions and 10 Years after National Archives Records - Fire services issue

Retain until superseded Health & Safety Incident Reports See accident The Reporting of Injuries, Diseases Records - Incident reports and Dangerous Occurrences Reports Regulations 1995, Regulation 7 Health & Safety Inspections Reports 5 Years The Control of Substances Records - Inspections Hazardous to Health Regulations Reports 2002, Section 9

40 Health & Safety Examination of 5 Years after The Ionising Radiations Regulations Records - Ionising respiratory protective last use 1999, Regulation 10 Radiation equipment equipment and passbook The Ionising Radiations Regulations 1999, Regulation 21 Health & Safety Ionising radiations health 50 Years from The Ionising Radiations Regulations Records - Ionising records date of last 1999, Regulation 21.3 (a) Radiations entry Health & Safety Medical Reports 40 Years The Control of Substances Records - Medical Hazardous to Health Regulations Reports 2002, Section 10 Health & Safety Records of tests Lifetime of Records - Portable equipment The Electricity at Work Regulations Appliance Testing 1989, Regulation 4 Health & Safety Records Risk Assessments 10 Years The Management of Health and – Risk Assessments Safety at Work Regulations 1992, Until Section 3 superseded Injury on Duty 100 Years of National Archives Page 10 Forms age Personnel Records Relating to Individuals Until age 100 National Archives Page 9 Service Records Consider 85 years of age for non- The Police Regulations 2003, pay/pension Section 17 records Promotion Board 1 Year National Archives Page 10 Notes Recruitment - Police 1 Year Officers Recruitment - Police 1 Year Staff References – issued 6 years by force Sickness Records until age 72 National Archives Employee Personnel Records Page 13 Training Records relating to admin 2 Years Force Policy Administration for training, not training Records itself Training Evaluation Questionnaires 2 Years Force Policy Questionnaires completed after training

41 courses Training Records Record of Training Until age 100 received by the Individual Vetting Contractor vetting End of contract Force Policy + 1 Year Vetting Successful vetting: Police personnel Force Policy Personnel vetting, local - intelligence checks, 6 years after references, referees leaving, 1 year checks, counter terrorist after death checks etc. Vetting - refusals Failed vetting 6 Years CLA Vetting - Temporary Non Police Personal End of contract Force Policy Staff & Contractors Vetting + 1 Year Visitors Passes Record of visitors to 3 years National Archives Press and Public police property. Relations Records Page 5 Warrant Cards & ID Destroy on end cards of service

PREVENTING

Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) Chief Constable's Overnight summary 1 Year Force Policy Log sheet Police Reform and Social Responsibility Act 2011, Section 12 Explosive Certificate Application form Explosives Act / Regulations - 5 Years; The Control of Explosives Control of Regulations 1991, Section 5 and 12 Explosives Regs certs - 2 Years Firearm Licensing Licence Application Form 20 years Directive 2008/51/EC Control of the Acquisition and possession of weapons Licence Refused Retain until Firearms Act 1968, MoPI subject has reached 100 Years of age. Review every 10 years Licence Revoked Dealers Licences Until ACPO, Firearms Act 1968 superseded, surrendered or until death Certificates, Licences Inc. Until surrender ACPO, Firearms Act 1968 - Temp and visitors plus 6 Years Cancelled cert Rifle Club 6 Years Firearms issues and returns 6 Years Force Policy Operational Directive 2008/51/EC Control of the Acquisition and Possession of Weapons

The Firearms Regulations 2015 (amendment to the Firearms (Amendment) Act 1997)

44 Firearms - Police Presented or Discharged 6 Years Consideration - Police Use Form ought to be linked to serious matters, coroners etc. Foreign Nationals Documentation of 10 years Nationality, Immigration and Asylum Foreign nationals Act 2002, Section 126 Licensed and Gaming licences, pedlars 6 Years The Gaming Licence Duty Supervised Trades certificates, betting shop Regulations 1991 files Liquor Licensing N/A 10 Years Licensing Act 2003, Section 115 Operations Planning Notifiable Events 3 Years Public Interest. Consider Public Planning - Operation Force operational need – planning interest. Orders, notifications for for future events Royals, VIPs; Sponsored events, races, fetes, cycle races, rallies; Large public events horse racing, bonfires, parades, football matches Includes supporting / developmental documentation & notices for events Stop and Search Forms and electronic 1 Year Force Policy data Taser - Police Presented or Discharged 6 Years Consideration - Police use Form ought to be linked to serious matters, coroners etc. Taser - Police Taser Wires, Probes and 6 Years CLA, IPCC and Discipline Cases A Taser contains Paper aphids a chip that records when it was fired and for how long but does not provide evidence of

45 distance fired. Warning Notices - Harassment Forms 12 Months after APP MoPI Groups 2 and 3 Harassment notice has expired Forthcoming guidance from APP Harassment & Stalking

PROPERTY

Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) Disposal of Property Auctions – records of Current year + 6 Financial regulations; Limitation Act sales HMRC Lost and Found Handed in weapons (not Dispose of ASAP Force Policy Property used in crime) if no reason to Police and Criminal Evidence retain. Act 1984, Section 22 Lost and Found Lost and Found Property Found 30 day Los t, Found, Other Than No These Items Property - non prohibited items – review, Found and Detainees Property legislation should be cross- includes cash Policy 2001 covers check against Found Found property / Property. crime exhibits and stolen property Lost and Found Lost and Found Property 30 days Lost, Found, Other Than Not covered by Prohibited items Property - Prohibited items – Found and Detainees Property any legislation are items that includes drugs and Policy 2001 cannot be firearms returned to members of the public e.g. drugs, knives, weapons Seized Property Records of Seized min 6 Years and MoPI; CPIA (Crime Exhibits) property - crimed - e.g. then review crime exhibit cards, labels The Police (Retention and Disposal etc. of Items Seized) Regulations 2002, Regulation 5 Seized Property Records of Seized Current year + 6 Financial regulations; Limitation Act (Crime Exhibits) property - non-crimed Police (Porperty) Act 1997, 86E Seized Property Seized property – Case dependent Police Property Act; CPIA; Powers of See Police Property Will also need to (Crime Exhibits) physical crime exhibits – Criminal Courts Act; PoCA; Tissues Act 1997 s 86e; pay due regards includes cash, drugs, Act see also Powers of to health and firearms, frozen exhibits Police and Criminal Evidence Criminal Courts Act safety issues, and vehicles Act 1984, Section 22 s 143; PACE 1984 environmental s 22 provides concerns when alternative storing and

48 solutions for retaining storage / investigation if there is a risk to personnel Seized Property Seized property - non minimum 6 Powers of Criminal Courts Act s143 Proceeds may be (Crime exhibits) crimed Months Powers of Criminal Courts payable to force (Sentencing) Act 2000, Section under Police 144 and 2 Property Act Fund Sudden death Sudden death – property Until authorised May be needed for seized from location of for disposal by inquest deceased Coroner’s Office

PROSECUTION

Information Activity / Description / Example Retention Rationale Scope Notes Comments Task of Record (Minimum Period) ANPR Reads 2 Years National Retention Hits 2 Years ASBO All Anti Social Behaviour 6 Years Records Bodycam / Non Evidential 31 days MoPI Headcam/Webcam Crime Minimum of 6 Years, retain Case / Crime Breath Testing NFA 6 Years Charge 6 Years Drug Testing on NFA 6 Years Arrival (DToA) Charge 6 Years Cannabis Warnings Offender Details (All 6 Years Management Information Cannabis Pentip – Retention details) Warnings do not Periods have a legislative validity period. Offender should only receive one Cannabis Warning Cautions Custody related cautions Minimum of 6 paperwork Years, retain Case / Crime Convictions/ Non custody related Minimum of 6 Review when Reprimands cautions i.e. Street Years, retain Protection of Case / Crime Freedoms Act is enabled Counterfeit Counterfeit Currency Minimum 6 APP MoPI Group 3 Force Policy Currency forms Years / review as per nominal file Deaths Sudden death forms, Non 1 Year If the death suspicious becomes suspicious

51 it is assumed that a case file will be created and managed in line with MoPI Endorsable FPN Offender details 3.5 Years Period of Pentip – Retention (Personal Details) Endorsement – To Periods support Operational decisions in event of further offending Offender details (Non 6 Years Management Information Personal) Registered Keeper 3.5 Years Part of FPN Process Driver Nominations 3.5 Years Part of FPN Process Offence Details Inc. 6 Years Management Information Offence Codes, Offence Location, Offence Date/ Time and Notice Number

Endorsable FPN Pentip – Retention Periods Licence Details (Personal 3.5 Years Period of Details) Endorsement – To support Operational decisions in event of further offending Licence Details (Non 6 Years Management Information Personal Details) Payment Details 6 Financial Years Financial Transaction (Transaction Details) Payment Details (Fine 6 Financial Years Financial Transaction Registration Certificate) Payment Details (Payee 6 Financial Years Financial Transaction Details) HO/RT1 Satisfied (Personal 6 Months (No Pentip – Retention Details) offence) Periods

52 Satisfied (Non – Personal 6 Years Part of FPN Process Details) Partially Satisfied/ 3.5 Years Part of FPN Process Unsatisfied (Personal Details) Partially Satisfied/ 6 Years Management Information Unsatisfied (Non-Personal Details) Interview Tapes Master Copy Case by Case CPIA / MoPI Working Copy One Month CPIA / Force Policy following finalisation Litigation against Corporate / Legal Including claims 6 years (or if crime related apply Civil Litigation the Force Services for MoPI) (Limitation Act compensation, 1980) Solicitors documents, statements, letters etc. All records including advice, reports, evidence, etc. In relation to Employers Liability Claims, Litigation against the force, CICA claims Non -Endorsable FPN Offender Details 3.5 Years To support Pentip – Retention (Personal Details) Operational Periods decisions in event of further offending Offender Details (Non - 6 Years Management Information Personal Details) Registered Keeper 3.5 Years Part of FPN Process Driver Nominations 3.5 Years Offence Details Inc. 6 Years Management Information Offence Codes, Offence

53 Location, Offence Date/ Time and Notice Number Payment Details 6 Financial Years Financial Transaction (Transaction Details) Payment Details (Fine 6 Financial Years Financial Transaction Registration Certificate) Payment Details (Payee 6 Financial Years Financial Transaction Details) PER Form Prisoner Escort Record 6 Months Police Records Penalty Notice Offender Details 3.5 Years To prevent Pentip – Retention Disorder (Personal Details) duplicate issue Periods – To support Operational decisions in event of further offending Offender Details (Non - 6 Years Management Information Personal Details) Guardian Details 6 Months Guardian (Satisfied PND) details are no longer required once PND has been satisfied Guardian Details 6 Months Guardian (Cancelled PND) details are no longer required once PND has been satisfied Guardian Details (Fine 6 Years Financial Transaction Registered) Offence Details Inc. 6 Years Management Information Offence Codes, Offence Location, Offence Date/ Time and Notice Number Payment Details 6 Financial Years Financial Transaction

54 (Transaction Details) Payment Details (Fine 6 Financial Years Financial Transaction Registration Certificate) Payment Details (Payee 6 Financial Years Financial Transaction Details) Pocket Notebooks / Officers notebooks and 10 years from last MoPI / Force policy It is recommended CID Diaries diaries entry that entries relating to crimes that require retention are copied and stored within the crime file and retained in line with MoPI VDRS Complied with (Personal 6 Months (No Pentip – Retention Details) Offence) Periods Complied with (Non – 6 Years Management Information Personal Details) Partially Complied / Not 3.5 Years Part of FPN Process Complied (Personal Details) Partially Complied / Not 6 Years Part of FPN Process Complied (Non – Personal Details) Warrants Records Until withdrawn Documents / executed originally Issued by the Courts/ Local Records. Outstanding

55 Appendix A - Review Schedule from the Authorised Professional Practice Information Management – Management of Police Information

Review Group Offence/Record Type Action Rationale

Group 1 ° MAPPA managed Retain until subject has This category ‘Certain Public Protection offenders reached 100 years of age poses the highest possible risk of harm to the Matters’ ° Serious specified offences Review every 10 years to public - CJA 2003 ensure adequacy and ° Potentially necessity dangerous people Group 2 Sexual offences listed in Review after an initial 10- National Retention

Other Sexual and Violent Schedule 3 Sexual Offences year clear period Assessment Criteria Act 2003 offences If subject is deemed to pose Violent offences a high risk of harm retain specified in the Home Office and review after a further 10- Counting Rules/ National year clear period Crime Recording Standard Group 3 Non-sexual, non- Retain for initial 6-year clear Lower risk of harm. Forces must balance the risk All Other Offences violent period. Either review and risk assess every 5 years or posed by this group carry out time-based with the burden of reviewing. disposal depending on Constabulary policy Group 4 Serious specified Retain records for 100 CJA 2003

56 Undetected Crime offences years from the date the crime was reported to police

Limitation Act Other offences 6 years CRB Information disclosed under Retain for 10 years from CRB Quality Assurance Disclosures Part 5 of the Police Act 1997 date of request Framework Intelligence Products Target Profiles Association Review according to crime Diagrams type as outlined in categories 1-3 Missing Persons Resolved Retain for a minimum of 6 Limitation Act 1980 years. Dispose of if this period has been ‘clear’ and there are no further indicators of risk

Unresolved Retain indefinitely Victim/Witness Details Retain for a minimum of 6 Limitation Act 1980 years or length of sentence if this is longer CPIA 1996 Decisions to dispose of must be made on a case by case basis Retain if victim/witness is recorded as the offender/suspect for another offence