Recommendation - Metropolitan Police Service, December 2023

The IOPC recommends that the MPS create a new Detained Property List pro-forma template to provide to those being released from detention under Schedule 7, Terrorism Act 2000. There is a necessity to distinguish whether the property being detained is being done so under Paragraph 11(2) or 11(2)(b) of the Act and this should be recorded accurately on the Detained Property List.

This follows an IOPC review whereby a male, detained under Schedule 7 Terrorism Act 2000, was handed a Detained Property List following his detainment. The List declared that the items were being held under Paragraph 11(2) of Schedule 7 TACT and the male believed he would have his property returned to him within 7 days of his detainment. While the Detained Property List explained the police could retain the property after 7 days if necessary, this guidance was at odds with the information provided under Paragraph 11(2) and was more relevant to 11(2)b of Schedule 7, Terrorism Act 2000. The male had ill mental health and subsequently took his life shortly after the detainment took place.

Accepted:

The Metropolitan Police Service (“MPS”) has reviewed and accepts this recommendation by the IOPC.

The MPS Counter Terrorising Policing Unit will:

Create an amended retained property list which allows the Examining Officer to record all property in one place, with a column to log the power of detention. This will continue as a means to record all property retained and act as a receipt for the subject.

Create new property retention forms for 11(2)(a), (b) and (c) to be handed to the detainee which highlight the power under which the property has been detained.

These will include a contact point for the detainee.

Communicate across national Counter Terrorism Policing Borders this new documentation and the requirement to complete it.

Create an entry in the Daily Log recording:

i) Change of power of detention

ii) Time / date detainee contacted iii) How contacted

The Organisational Development Unit will create input on Ports officer training courses and reaccreditation courses outlining the new requirements.

Meeting / communication with Senior Investigating Officers from investigation teams regarding the necessity to record powers of detention / seizure and requirement to inform detainee of any changes they make.

These actions will be completed by 1st March 2024.Our longer term proposals are:

The introduction of FIBRE digital examination records to record detention of property, the power used for detention and generate printed retention forms.

Digital media Case ManagementSystem / Quality Managementsystems with automated process to alert officers when time  constraints are expiring and the need to return property / inform of change of power.Subject to technical project timelines, the anticipated delivery of these proposals is from 2025.