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Version 4.00 (Publication Scheme)

Lost, Abandoned and Found Property

Standard Operating Procedure

Owning Department: Criminal Justice

Version Number: 4.00 (Publication Scheme)

Date Published: 25/05/2018

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Version 4.00 (Publication Scheme) 2

Compliance Record

Equality and Human Rights Impact Assessment (EqHRIA) Date Completed / Reviewed:

22/02/2018

Information Management Compliant: Yes

Health and Safety Compliant: Yes

Publication Scheme Compliant: Yes

Version Control Table

Version History of Amendments Approval Date

1.00 Initial Approved Version 01/02/2013

2.00 Insertions at Section 3 to include Schengen Information System changes

09/04/2015

3.00

Full cyclical review and updated formatting standards applied, including links to overarching Policy and Record Retention SOP. Paragraph numbering changed to include new procedures at sections 7, 8, 11 and 12. Procedural updates also included within sections 2, 4, 7, 10.

22/02/2018

4.00 Updated to reflect changes in data protection legislation 24/05/2018

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Contents 1. Purpose 2. Lost Property 3. Found Property 4. Receiving of Found Property 5. Passports 6. Return of Found Property 7. Items Not to be Sold 8. Rewards for Finders 9. Rewards for Police Officers and Police Staff 10. Auction Sale / Disposal

11. Police Officers and Police Staff Attendance at Auction 12. Found Cash from Retail Outlets 13. Lost Dogs 14. Found or Stray Dogs 15. Livestock 16. Quality Control of Lost and Found Records

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Appendices

Appendix ‘A’ ‘C’ Division

Appendix ‘B’ ‘V’ Division

Appendix ‘C’ ‘P’ Division

Appendix ‘D’ ‘A’ Division

Appendix ‘E’ ‘E’ and ‘J’ Divisions

Appendix ‘F’ ‘N’ Division

Appendix ‘G’ ‘G’, ‘U’, ‘Q’, ‘L’ and ’K’ Divisions

Appendix ‘H’ ‘D’ Division

Appendix ‘I’ List of Associated Legislation

Appendix ‘J’ List of Associated Reference Documents

Appendix ‘K’ List of Associated Forms

Appendix ‘L’ Glossary of Terms

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1. Purpose 1.1 This Standard Operating Procedure (SOP) supports the Police Service of

Scotland, hereafter referred to as Police Scotland, Lost and Found Property Policy.

1.2 This SOP provides instruction and guidance to all police officers and police

staff who in the course of their duty are required to deal with Lost, Abandoned and Found Property.

1.3 Part VI of the Civic Government (Scotland) Act 1982 requires the Chief

Constable to take appropriate care of lost and abandoned property, which has been delivered, or the finding of which has been reported to a constable under Section 67 of the Act; or which has been found by a constable. The Chief Constable is also required to take reasonable steps to identify the owner.

1.4 The Chief Constable will delegate responsibility to a designated person,

thereafter referred to as the ‘authorised person’ within the content of this SOP. 1.5 Police officers / staff have a statutory duty to protect property. Carelessness

or failure to follow this standard operating procedure may result in criticism. Individual police officers / police staff may also be held liable for the loss or destruction of property.

1.6 Where any doubts exist in relation to the procedures for lost or found

property, police officers / police staff should seek assistance from a senior member of staff who will be the section head or team leader for each police division.

2. Lost Property 2.1 Reports of Lost Property 2.1.1 Reports of lost and found / abandoned property will be processed in

designated units within local policing areas, utilising manual or computerised recording systems. Refer to geographical appendices ‘A’-‘H’ for local guidance.

2.1.2 For driving licences or vehicle registration documents, the member of the

public should be advised to report the loss to the DVLA immediately. 2.1.3 A report of lost property should be made via the internet template provided on

the Police Scotland website, or by email, phone or personal visit. Assistance should be provided to the person calling in order to ensure they are not subjected to any disadvantage due to lack of access.

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2.1.4 When a loss of property is reported, the police officer / police staff receiving the report should, where possible, check local found property records to ascertain whether the property has been handed in prior to a lost property report being completed.

2.1.5 In respect of mobile phones, loss reports must record the International Mobile

Equipment Identity (IMEI) number for the missing item; the owner can call their network provider to obtain this, and the National Mobile Property Register (NMPR) can be checked to see if the device has been registered as found. The reporter should also be advised to contact their network provider to have a block put on the phone.

2.1.6 Items of property, which have been abandoned within a private dwelling or

lodgings, should not be treated as lost property and are not the responsibility of the police. The local authority should be advised as soon as possible of the existence of this property in order that they can arrange for its disposal.

2.2 Lost Drugs / Dangerous Property or Poisons 2.2.1 When dangerous drugs / property or poisons are reported lost, they will be

circulated via Command and Control Systems. Any further action is the responsibility of the senior police officer on duty.

2.2.2 Consideration should be given to notifying the press office for media coverage

by a senior member of staff. 2.2.3 There are other items that may also be considered as dangerous and may

pose a particular hazard to those in contact with them. Special consideration must be taken when property in any of the following categories is reported lost:

Illegal or prescription drugs;

Bladed weapons (including replica and collector’s items);

Firearms (including replica and collector’s items);

Bags or wallets, which may contain syringes, razor blades, etc;

Fireworks or explosive items; and

Any hazardous substances, including gasoline and diesel. 2.3 Public Transport 2.3.1 When property is reported lost on a public transport undertaking (e.g. railway,

airport, or any other public transport system) the police officer / member of police staff receiving the enquiry, will advise the member of public / business representative to inform the transport authority concerned.

2.3.2 Each provider will have their own provision for dealing with / recording these

matters.

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3. Found Property 3.1 Safety / Special Precautions 3.1.1 Safety precautions must be taken by all police officers and members of police

staff receiving or in contact with items of found property. PPE equipment, masks, gloves, bags, tongs, probes, safety glasses etc will be supplied through requisition from a senior member of staff and must be used.

3.1.2 When searching property items, where possible, contents should be emptied

out onto a suitable work surface for initial perusal in a well-lit area separate from office workstations.

3.1.3 Where used or unwrapped hypodermic needles or similar items, which may

present a health hazard are found, they should be disposed of in the appropriate manner at local level with an entry made on the found property record to this effect.

3.1.4 Where knives or similar instruments are found, the blades are to be suitably

wrapped so that no danger is presented to persons handling the property thereafter.

3.1.5 Care must also be taken when fragile articles e.g. bottles and glass, are

handed in as found property. 3.1.6 Where the found property consists of or contains potentially hazardous

substances, it may be necessary to carry out a formal assessment under the Control of Substances Hazardous to Health Regulations 2002 (and subsequent revisions), in order to formally assess the risks involved in the storage, handling and disposal of the article.

3.1.7 Wet or soiled items of property may require to be disposed of immediately,

as they may pose a health hazard. 3.1.8 Household drugs or poisons recovered with other items, i.e. in handbag as

found property, must be processed as found property. If unclaimed they will be destroyed.

3.1.9 Controlled substances or common household drugs or poisons

recovered separately, are to be retained as per local arrangements detailed in geographical appendices ‘A’-‘H’. A report should be submitted via the authorised person outlining the circumstances and requesting destruction. Any property card or record should be updated accordingly.

3.1.10 Whenever it is deemed appropriate, consideration must be given to Forensic

Examination when dealing with found drugs to obtain a fingerprint examination of wrappings with a view to establishing ownership before recourse to destruction is considered. Refer to Forensic Science Gateway SOP for guidance.

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4. Receiving of Found Property

4.1 Schengen Information

4.1.1 The Schengen Information System II (SISII) is a European database created to pass information from one participating state to another in the form of alerts relating to property and people. Article 38 provides the capability to circulate stolen and lost property across member states.

4.1.2 Should the following articles be reported as found property or located by an officer they should be checked via the PNC by an officer or suitably trained member of police staff for any SISII alerts that may be present:

Motor vehicles;

Trailers;

Caravans;

Industrial equipment;

Outboard engines;

Containers;

Boats;

Aircraft;

Firearms.

4.1.3 If a SISII alert is present, officers should follow the actions detailed on PNC, record the SIS ID number and submit form ‘G’ to the UK SIRENE (Supplementary Information REquest at the National Entries) Bureau. A located report should be created on PNC. (Refer to the Seizure of Vehicles SOP for Abandoned Vehicles).

4.1.4 The following documents should also be checked on PNC using their serial number or unique identification number:

Passports;

Driving Licenses;

Vehicle Registration Certificates;

Vehicle Number Plates;

Blank Official Documents;

Identity Cards;

Bonds, Stocks and Shares;

Residence Permits;

Travel Documents;

Banknotes;

Cheques;

Credit Cards.

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4.1.5 Should an Article 38 SISII alert be present, the officers should follow the initial actions detailed on PNC. Contact should then be made with the SIRENE Bureau who will advise the officer of what action to take. (This applies to non UK documents only.) For NON UK documents only, the officer is required to note the SISII ID and create a found report on PNC.

4.2 All Found Property 4.2.1 When found property is handed in at a police station, the receiving police

officer / police staff must complete a found property report, recording a full and detailed description of the property itself and where found.

4.2.2 A check of local lost property records should be carried out to ascertain

whether the property has already been reported lost. The scope of this check will be dependent on local recording systems, e.g. computerised or manual. In respect of mobile phones, the National Mobile Property Register (NMPR) should be checked.

4.2.3 If the owner of the found property can be identified from lost reports, this must

be cross referenced with the found property report and the owner contacted to claim their property.

4.2.4 Where offered, the finder’s details must be recorded on the found property

report along with details, where possible, of whether the finder wishes to claim a reward.

4.2.5 Where the finder has left their details, a receipt must be issued and advice

given as to when property can be reclaimed if appropriate. 4.2.6 A check of found property will be carried out and all reasonable efforts be

undertaken to identify the owner. Where an item of found property appears to correspond to property reported lost, the owner is to be notified by email, letter or telephone, where a number is available.

4.2.7 All efforts must be made to trace the owner of property which is found in a

different Command area to where it is handed in. The relevant Local Policing Area where the item was found should also be notified. Both Local Policing Areas will complete a found property record (without possession of the actual item). Both policing areas should be aware of the disposal and cross refer with property number etc.

4.2.8 Where property is found on a public transport undertaking (e.g. railway, airport

or any other public transport system) if the finder approaches police officers on patrol, the finder should be directed to the appropriate lost property department or appropriate staff member of the transport system concerned. If a finder has travelled to a police station to hand in the property then it should be accepted and recorded in the normal manner.

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4.2.9 Items of property, which have been abandoned within a private dwelling or lodgings, should not be treated as found property and are not the responsibility of the police. The local authority should be advised that property requires to be cleared from the dwelling or lodging in question.

4.2.10 If after a period of two months from the date on which the property is delivered

to the police it remains unclaimed, the Chief Constable may offer the property to the finder or, if this would be inappropriate, may sell it or make arrangements for its disposal (see section 6).

4.2.11 If the property cannot be safely or conveniently kept for the two month period,

the Chief Constable may dispose of it, or arrange for its disposal within that period, in such a manner as they think fit.

4.3 Items Requiring Special Consideration 4.3.1 Stolen Property: Notification of items, which are subject of a crime report,

must be forwarded to the enquiry officer. Property must be retained and owner contacted by local arrangement.

4.3.2 Where appropriate, items will be returned to owner and the enquiry officer is to

be notified when owner collects items to enable crime record to be updated. 4.3.3 Money: All currency handed in as found property must be immediately

counted in the presence of two people and stored in a secure manner. Depending on the sum of money and the circumstances in which it is found, officers should consider checking the serial numbers against the PNC which may reveal a SISII alert. Should a SISII alert be present officers should note the SIS alert ID number and follow the initial actions detailed on the PNC. The UK SIRENE Bureau should be contacted via form ‘G’. A PNC found report should be completed.

4.3.4 Sealed tamper-evident bags are to be used to hold found cash. The total

amount of cash and the form in which it is presented i.e. 5 x £20 Royal Bank of Scotland notes should be recorded on the found property record.

4.3.5 The total sum of cash must be recorded electronically in such a manner that a

constant tally is held, i.e. the use of a spreadsheet if not computerised. 4.3.6 Found Postal Orders: Must be marked "CANCELLED FOUND" and

forwarded to The Manager, Postal Order Group, Found Order Duty, Chetwynd House, Chesterfield, S49 1PF. A photocopy of the found property record is to be attached to each postal order.

4.3.7 Other Cheques, Orders etc: Bank books, bank cheques, money orders, giro

cheques, deposit receipts, pawn tickets, credit cards, national insurance stamps, vouchers, tokens etc. are to be processed as found property.

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4.3.8 Keys: All types of keys are to be accepted by the police and where the keys have an inherent value, such as electronic car keys, they will be recorded on a found property record. Keys handed in as found property with no inherent value or identifiable information may be recorded in the Found Property Receipt Book with a full description of the number of keys and any distinguishing key rings/attachments. They should be retained locally but should not be transferred to any centralised Custodier’s Department. The Custodier’s Department will record the storage location as the local station. The Custodier’s Department must be notified of any keys claimed by owners for the property card to be updated.

4.3.9 Spectacles & Lenses: Spectacles and lenses lodged with the police must be

processed as found property. After the legal period of storage has elapsed, the relevant documentation must be updated. All such items to be disposed of by means of depositing with a registered medical practitioner, registered optician, optical appliances dealers, to any hospital clinic / Government department for export or charities.

4.3.10 Government or Service Documents: Papers or passes whether or not

bearing a security classification, found and lodged with the police, are to be processed as found property but must not be returned to the finder. After the time period has elapsed these items can be destroyed or passed to the originating government or service body for disposal immediately on receipt.

4.3.11 Perishable Property: Perishable property lodged with the police must be

processed as found property if it is in a fit state to be returned (i.e. within a sell by date and does not require special storage to remain in a fit state for returning to owner (i.e. fridge / freezer storage).

4.3.12 Otherwise it should immediately be destroyed within a very short timescale

when it is no longer fit to retain, or, where appropriate, offered to the finder.

4.3.13 Any opened foodstuffs / drinks must be destroyed for health and safety purposes. Property records should be updated.

4.3.14 Treasure Trove: Scottish Heritage (Heritage Scotland) will pay the actual

value to the finders of ancient coins, gold or silver ornaments or other relics of antiquity found in Scotland.

4.3.15 A person who conceals the finding of any treasure trove commits an offence. It

is immaterial whether the offender found the property themselves, or received it from another person who found it, but was ignorant of its nature.

4.4 Property Found in the Sea, Inland Waters etc: 4.4.1 Wreck is defined in Section 255 of the Merchant Shipping Act 1995 as

including “jetsam, flotsam, lagan and derelict found in or on the shores of the sea of any tidal water”. These can be described as:

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Jetsam: Goods cast overboard in order to lighten a vessel which is in danger of being sunk, not withstanding, that afterwards it perishes.

Flotsam: Goods lost from a ship which has sunk or otherwise perished which are recoverable by reason of their remaining afloat.

Lagan: Goods cast overboard from a ship, which afterwards perishes, buoyed so as to render them recoverable.

Derelict: Property, whether vessel or cargo, which has been abandoned and deserted at sea by those who were in charge of it without any hope of recovering it.

4.4.2 If the property appears to be wreck, salvage, flotsam, jetsam or lagan from vessels or aircraft wrecked or lost in tidal waters, the advice of the Receiver of Wrecks must be obtained via the following contact details:

Receiver of Wreck Tel No: 02380 329474 Bay 1/07 Spring Place Fax No: 02380 329477 105 Commercial Road 24 Hour Helpline Southampton Tel No: 0870 6006505 SO15 1EG

Email: [email protected] Website: https://www.gov.uk/government/groups/receiver-of-wreck

4.4.3 Craft of any size found drifting will in most circumstances be treated as

salvage and only rarely as found property. Where a found boat is the subject of a salvage claim by the finder, the police officer receiving the report is to obtain full details and inform the local area Custodier.

4.4.4 If the finder intimates that they do not wish to pursue any claim for salvage;

advice from the Receiver of Wreck is to be sought and if the vessel is not identified by them, it must then be treated by the police as found property.

4.4.5 Vessels found other than in tidal water are to be treated as found property.

Where, due to its size, a boat cannot be accommodated in police premises, local storage / mooring arrangements are to be made. Regular visits are to be made where feasible to the place of storage / mooring. Any expenses incurred may be recovered from the owner.

4.5 Bicycles 4.5.1 When a found bicycle is received at a police station it must be processed as

found property with a full description entered on the found property record. Particular attention should be paid to any serial numbers or postcodes thereon. The bicycle must be forwarded to the appropriate permanent storage place.

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5. Passports 5.1 Lost Passport 5.1.1 Should a police officer / police staff receive a report from a member of the

public that their passport has been lost a Lost Property Record should be completed. The owner should be advised that they require to contact the Identity and Passport Services (IPS) website to report the loss (www.ips.gov.uk) on 0300 222 0000 or can report the loss at a Post Office. Holders of non UK passports should be advised to contact their Embassy or Consulate immediately and also report the loss to them.

5.2 Found UK Passports 5.2.1 All found passports handed into any police officer or member of police staff will

be recorded as found property in order to confirm receipt of the document. 5.2.2 Under no circumstances will a UK passport recorded as found property by the

police, that has been outside the control of the rightful holder, be returned to the rightful holder. No attempt will be made to try and trace the rightful holder to return the passport. If a UK passport is found with other lost items in a bag within a short period of time after the loss, it may be possible to return the passport to its owner at the discretion of a senior member of staff.

5.2.3 Where a passport is found within a Bank / Building Society or Post Office (i.e.

it has been left behind by the owner) and in circumstances where it is recovered immediately by staff, it can be returned to the holder without any delay or need to contact the police.

5.2.4 Immediately following lodgement, all found UK passports will have the top

right-hand corners cut off the front cover, back cover and person details page to physically cancel the passport. The passports will then be returned by recorded delivery to:

Identity & Passport Service PO Box 654 Peterborough, PE1 1EP

5.2.5 Where a member of the public is advised that the police have returned their

passport to IPS and feels aggrieved that action was not taken to trace / return it to the holder, they should be advised Home Office Guidelines must be adhered to by the police.

5.2.6 These guidelines state that all UK passports must be forwarded to the IPS

where there is a likelihood that a passport has been in the hands of a third party and may have been used to carry out fraudulent activity.

5.2.7 It should be further explained that this action is designed to help protect

members of the public from identity fraud and other related criminality.

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5.2.8 Where the passport holder is not satisfied with the response provided, they

should be referred to IPS Advice Line on 0300 222 0000. 5.2.9 If a passport is found at a port (i.e. the rightful owner having left the passport

at a checking point and it has been taken for safekeeping), and providing that there are no indications that the passport has been used fraudulently, it may be returned to the holder rather than delay or postpone their travel.

5.2.10 This is on the understanding that the person can demonstrate they are

travelling that day, and that the passport has been retained / secured by a member of staff (or other person deemed appropriate) immediately following the loss. Where, for example, the passport is found lying in the toilets of the port, it must not be returned to the passport holder.

5.2.11 A passport can also be returned to the holder, in circumstances where a

passport is dropped in an airport terminal and immediately handed to a police officer and is then claimed by the holder and they can show an airline or ferry ticket for onward travel in the next 24 hours.

5.3 Non UK Passports 5.3.1 When an owner cannot be traced, all Foreign national passports received by

the police (including those where there are no visible signs of tampering as well as those tampered with), must be sent Recorded Delivery, accompanied by the relevant documentation to the National Document Fraud Unit (NDFU):

NDFU PO Box 1000 Hayes Middlesex UB3 5WB

5.3.2 The corners of the passport must not be removed, as Non UK Passports do

not belong to Her Majesty’s Government. 5.3.3 Where a Non UK Passport is found within a Bank / Building Society or Post

Office (i.e. it has been left behind by the owner) and in circumstances where it is recovered immediately by staff, it can be returned to the holder without any delay or need to contact the police.

5.3.4 For Stolen Passports refer to the Productions SOP.

6. Return of Found Property 6.1 In general, found property is to be retained for three months (2 months for the

owner to claim and one month for the finder). If not claimed within that time it may be sold or otherwise disposed of.

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6.2 Found property claimed by the owner or finder is to be returned and signed for on the found property record, or returned by post (or in the case of items of value, by registered post) with a covering letter.

6.3 Police Scotland cannot get involved in disputes between owner and finder

unless there is an allegation of a criminal act, in which case the aggrieved party should be advised to report the matter in the normal way.

6.4 Return of Property to Owner 6.4.1 Found property can be returned to the owner via an appropriate third party

ensuring that additional costs of covering postage or courier costs are agreed with the owner in advance. Police Scotland will not absorb the costs of delivery to an owner unless there are exceptional circumstances to be agreed by a senior member of staff.

6.4.2 Property can be claimed by either the owner or the owner’s representative.

Where an owner’s representative is collecting property, they must produce the following:

Signed authorisation from the owner;

Their own identification as detailed below; and

Owner’s identification as detailed below. 6.4.3 Whenever property is claimed, the police officer / police staff must check,

verify and record details of the owner’s identification, only returning property when fully satisfied of ownership. Acceptable forms of identification include:

Current UK Passport;

Current UK Driving Licence; or

Other form of photographic ID or signed identification combined with second form of identity such as a utility bill.

The following should not be taken as sole proof of identification:

Student Card;

Travel Pass; or

Work ID Card. 6.4.4 An owner’s, or owners’ representative’s signature must be recorded on the

found property report / receipt. 6.4.5 The police officer / police staff returning the property must also sign and date

the documentation to witness the return. 6.4.6 Where requested by the finder, a reward is to be levied (Refer to section 8).

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6.4.7 Non UK Residents: For instances where the owner is not a UK resident or where their ID documents are amongst those items to be claimed, each case should be considered on its own merits, requesting assistance from supervisory staff as necessary.

6.5 Return of Property to Finder 6.5.1 Section 71(2) of Civic Government (Scotland) Act 1982 states, ‘in the case of

any such disposal of property made otherwise than for value, any person who was immediately before the disposal the owner of the property (“the previous owner”) shall be entitled within the period of one year after the date of the disposal to recover possession of the property as owner’.

6.5.2 Accordingly, on found property being returned to the finder they must be

informed that the property may be reclaimed by the owner at any time within one year of the date of loss of the property.

7. Items Not to be Returned or Sold 7.1 Articles that may potentially contain personal data either in electronic or paper

form must not be returned to the finder. Examples may include:

Address books, diaries and filo-faxes;

Computers including laptops and tablet devices;

Digital cameras with hard-drive storage capacity;

Mobile telephones; and

Personal digital devices e.g. smart watches, Kindles, Fitbits iPods, MP3 players.

7.2 Any personal information stored on such devices must be considered as

personal data as defined in the Data Protection Act 2018 and should not be passed on to a third party or accessed other than for the purpose of identifying the owner.

7.3 Any material stored on such devices is subject to the provisions of the

Copyright Designs and Patent Act 1988 and the ownership of such content cannot be handed over to a third party.

7.4 Other categories of items that must not be returned to the finder include:

Alcohol;

Counterfeit goods;

Cycle safety helmets;

Motorcycle helmets;

Damaged / stained clothing;

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Electrical goods in an unreasonable condition where they may be potential risk;

Keys (all types);

Weapons including replicas (including all knives);

Firearms including replicas;

Wheelchairs and other mobility devices;

Prescription Drugs; and

Equipment for babies such as car safety seats / highchairs, etc. 7.5 All of the above must be disposed of in an appropriate manner. 7.6 In circumstances where the owner claims the property and there is no

requirement to leave a reward, there is no legal obligation to notify the finder. However, dependent on the circumstances, it may be appropriate to contact the finder and update them. This will be considered on a case by case basis by a senior member of staff.

7.7 In certain cases Police Scotland may agree to submission of items that have been thoroughly data cleansed to the police auction or other third parties. This should only happen under the discretion of a senior police officer or head of department.

7.8 Return of Property to Police Officers and Police Staff 7.8.1 Police officers will not be entitled to have found property returned to them

under any circumstances. This applies to all occasions when they are the finder - i.e. on or off duty.

7.8.2 Police staff will only have found property returned to them if it was found when

they were off duty. 7.9 Reuse of Items for Policing Purposes 7.9.1 Found property which is unclaimed and which is not suitable to be returned to

its owner or for submission to the police auction, may be used for a police purpose. The intended use must be authorised by a Senior Member of staff and this authorisation and use recorded prior to the item leaving the custodiers. In addition, the police officer or member of police staff receiving the item must be clearly identified.

8. Rewards for Finders

8.1 When property is being claimed, the Chief Constable may require the owner to pay a reward as detailed in the Civic Government (Scotland) Act 1982 Section 70.

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8.2 In respect of property valued at less than £50, no reward is required (however, if the owner wishes to leave a reward this can be accepted and processed).

8.3 In respect of property valued at £50 or more, a 10% reward (rounded up to the

nearest one pound) is required. However, if the value of the property exceeds £1,000, the reward is to be determined in consultation with the Chief Constable.

8.4 Where owners of property refuse to pay a reward, the property may be

retained until such time as agreement is reached between the authorised person and the owner.

8.5 Each case will be decided upon on its own merits and will reflect the owner’s

ability to pay. 8.6 Should it not prove possible to reconcile the dispute, a full report will be

prepared and retained for reference purposes in the event that legal action via a Sheriff, under Section 76 of the Act is made by the owner or finder.

8.7 When a reward is taken, the finder must be notified. In cases where the finder

cannot collect a reward, other payment methods may be utilised. 8.8 Unclaimed rewards must be retained for a period lasting no longer than 28

working days from the date of deposit and thereafter paid / banked into the relevant Police Scotland Account. Alternatively, depending on the wishes of the owner, the reward should be returned to them or donated to a recognised charity of their choice.

8.9 A single receipt is to be issued in respect of all rewards and expenses

recovered. The found property reference number is to be included at the top of the relevant record.

8.10 Should an owner claim to be in impoverished financial circumstances, rewards

may be waived. The Senior Officer or member of staff on duty will make this decision on a case by case basis.

8.11 No reward can be made in respect of property which has been stolen.

9. Rewards for Police Officers and Police Staff 9.1 Police officers will not be entitled to a reward if they find property. This

applies to all occasions whether on or off duty.

9.2 Police staff will only be entitled to a reward if the property was found when they were off duty.

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10. Auction Sale / Disposal 10.1 Money lodged as found property must be banked (in Police Scotland account)

three months after the date the money was received. 10.2 The details of all found money which is unclaimed after three months and

which has been paid / banked into the Police Scotland account must be recorded and manual / electronic records stored accordingly. Foreign cash must be converted to sterling before making payment into the Police Scotland account.

10.3 All unclaimed property can be disposed of in an appropriate manner after

more than 3 months (2 months for the owner, 1 month for the finder to claim). 10.4 Found property, which is unfit for sale will be destroyed on the authority of the

authorised person and the relevant records updated accordingly. 10.5 When all administrative processes relating to each item of found property have

been completed, the relevant record is to be filed accordingly. 10.6 Whilst not exhaustive, other articles that must not be sent to auction are:

Address books, diaries and filo-faxes (unless brand new / blank);

Alcohol;

Computers including laptops and tablets which have not been thoroughly data cleansed;

Counterfeit Goods;

Cycle Safety Helmets;

Damaged / Stained clothing;

Electrical Goods in an unreasonable condition where there is a potential risk;

Electronic Memory Devices;

Keys (all types);

Motorcycle Helmets;

Mobile telephones and all electronic memory devices which have not been thoroughly data cleansed;

Personal digital devices e.g. Smart Watches, iPods, MP3 players, which have not been thoroughly data cleansed;

Weapons, including replica firearms;

Wheelchairs and other mobility devices; and

Equipment for babies such as car safety seats / highchairs, etc. 10.7 Exceptions may apply to seemingly new / boxed items with instructions. A

senior member of staff should approve inclusion in auction sale.

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10.8 Wheelchairs and mobility devices can be donated to a suitable registered

charity who are in a position to check the safety and suitability of donated items for their intended purpose. Representative from such charities must be required to sign a suitable receipt which makes it clear that Police Scotland provide no warranty as to the condition of the item in question.

10.9 Counterfeit Goods

10.9.1 Care must be taken not to pass on any items that may be counterfeit to the finder or the auction. Advice, if required, can be obtained from local Trading Standard services to verify the authenticity. A clear audit trail must be maintained in all cases. Prior to the sale of any such property at auction, the property should be inspected by local Trading Standards Officers to ensure items are authentic.

10.9.2 Repurposing of low risk items:

10.9.2.1 All items which have a potential electronic memory device must not be sent to

auction unless data has been cleared by suitably qualified officers or members of police staff and has documentation to this effect. In all other circumstances the electronic devices must be destroyed using approved contractors and an audit trail maintained for this process. Any such items must not be attempted to be used or connected to police networks.

10.9.2.2 Other articles, which have the potential for reuse for operational or policing

purposes and which would otherwise be intended for disposal, may be reused. Reuse of these items must be evidenced by a senior member of staff and recorded. The safety and suitability of the items intended for reuse should be risk assessed by the Senior Officer taking possession of such items.

10.10 Bicycles

10.10.1 All bicycles are to be disposed of by auction or by other local policing arrangements, i.e. to registered charities. When signing over bicycles to third parties, care must be taken to ensure that there is a clear signed agreement with regard to the condition of the bicycles, in order that Police Scotland is fully protected from any future claims. A full and clear audit trail must be maintained.

10.11 High Volume, Low Value Items

10.11.1 Where possible, the onus on processing items received in this manner can be transferred to the institution lodging volume found property after two months, without any further need for processing on behalf of members of police staff working in Lost Property or Custodier sections. A quantity of such items could be assigned one single reference number by the receiving custodier as adequate means of tracking their receipt and onwards delivery to the Force Auction.

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10.11.2 All identifiably low value, poor condition items that might be considered inappropriate to retain are routed for disposal.

10.12 Lost and Found Property at Public Events

10.12.1 Where suitable, a third party company can take responsibility for the management of volume found property at public events without further intervention by Police Scotland staff. High value items or those with potential sentimental value and traceability can be transferred to Lost and Found Property Custodiers by the third party after any agreed processing has taken place.

11. Police Officers and Police Staff Attendance at Auction 11.1 Police officers / police staff are entitled to attend auctions as private citizens if

they are off duty.

12. Found Cash from Retail Outlets 12.1 Police Scotland Lost Property Departments have had to deal with a rise in the

amount of found property cash reported to them by staff representing commercial premises due to the proliferation of self-service checkouts.

12.2 The member of staff may report found cash to Police Scotland on their

employer’s behalf and not as an individual. If the company in question wish to act as “finder” and to receive notification of any unclaimed cash or any reward they should be asked to provide intimation of this in writing, signed by an appropriate member of staff.

13. Lost Dogs 13.1 When a dog is reported as lost to the police the Lost Dog Record should be

completed. 13.2 Where the local authority operates a Dog Warden Scheme, the finder /

reporter should also be advised to contact that agency.

14. Found or Stray Dogs 14.1 A Police Scotland SOP dealing with all aspects of handling and boarding dogs

in police custody will soon be published. Until that time please seek advice from your local Production Store on the current Divisional policy for dealing with any related matters.

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15. Livestock 15.1 Stray livestock cannot strictly be regarded as lost or found property, but for

recording purposes, a Found Property Record must be completed. Including details of where the animal is being kept. Enquiry should be made with a view to tracing the owner, but Police Scotland will not arbitrate in any case of disputed ownership.

15.2 When the animal is claimed, the Found Property Record must be updated. 15.3 If the animal is not claimed and the finder wishes it to be disposed of before

the expiry of the statutory two month period, they may do so, but only on the understanding that they will be prepared to account to the rightful owner, should they turn up, for any proceeds from the disposal, less expenses.

16. Quality Control of Lost and Found Records 16.1 Authorised police officers or senior members of staff are to ensure that found

property records are examined frequently and the records updated to reflect this, to ensure a qualitative audit is undertaken.

16.2 The processes described within this SOP require the creation and

maintenance of records, this in includes both paper and digital systems. Any records created or maintained by Police Scotland should adhere to the guidance provided within the Record Retention SOP.

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Appendix ‘A’

‘C’ Division Reports of Lost Property The Crimefile Lost and Found database will be used for the accurate recording of items and their disposal. When a found property report is created, a unique reference number will be generated and this number will thereafter be used to track and audit the item. A yellow security tag will be securely attached to the item being recorded and the Found Property Number, Station and date delivered to the police written clearly and legibly on the tag in indelible pen. Details, where possible, will be recorded in the presence of the depositor at the time of receipt and a Found Property Receipt printed electronically. If found property is handed to an officer while on patrol an entry will be made in the officer’s notebook. On returning to a police station the officer will complete Found Property Report, print off a receipt and post it to the finder. The information required to be entered onto the database is clearly defined as follows:

Estimate of time and date of lost or found property report.

User number of person taking report.

Where item is not found by police, full details of finder, unless declined, will be recorded. When a temporary address is provided, a finder’s permanent address will also be recorded.

A primary classification must be entered and thereafter a secondary classification chosen from the drop down menu.

Any make, model or serial number, where applicable, should be entered and thereafter a value of the property.

A full detailed description should be added and in the case of mobile phones, the IMEI number noted.

Full details of all bank notes should be recorded, i.e. value, name of issuing bank and serial numbers of notes. This action affords both the police and the finder a level of security.

A “LINK” check will always be carried out on the system in respect of all lost and found reports, which are created to ensure that the property is not already recorded on the system, i.e. on Crimefile as stolen property, Cellfile as a prisoner’s property or contained within a production record. This check will be carried out by the member of police staff, or police officer recording the property on the Lost and Found Property system.

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Advice to Finder The finder shall be informed that they will not receive notification in relation to the disposition of the property and the onus is upon them to contact the Force Custodier within 1 month after the expiry of the 2 month period, after which the item shall be disposed of in accordance with the law. Controlled Substances or Common Household Drugs or Poisons If a non-prescribed drug is handed in as Found Property, this must be logged onto the system as Found Property then lodged as a production within CrimeFile Production system. Substances (solid or liquid) that are of a chemical nature should be accompanied by a Material Safety Data Sheet (MSDS) which should be attached to the substance or container and accompany it throughout the time it is in the ownership of the force. If a chemical substance is being passed onto another agency, for example a Sheriff Court, the MSDS must also be passed over. If the nature of the substance is known but no MSDS is available, the force Health and Safety Advisor should be contacted, provided with details of the substance and requested to obtain a MSDS for the substance. If items are contaminated with substances and the contaminant is known, then the above steps must also be followed. If a substance comes into force ownership and is clearly contaminated but the nature of the contaminant is unknown, it should be clearly marked ‘HAZARDOUS’

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Appendix ‘B’

‘V’ Division Reports of Lost / Found Property Recording Process It is essential that a full and accurate description of lost or found property handed to the police be taken together with the accurate details of time, date, place of finding and all other relevant information, which should be carefully recorded in the found property book and then transferred to the Image system as ‘Property’ with a sub classification of ‘Lost’ or ‘Found’. The Image entry and lost / found property books should be cross referred with the relevant identification numbers. Unless specific enquiries are required the Image entry will be recorded against the station where it was believed to be lost or found. The identity and contact details of the finder / person handing in the property should also be recorded and their wishes as to whether the property be returned to them should it not be claimed by the rightful owner. At the time the property is handed in, every effort should be made to establish if the property contains any item from which the owner can be identified. The image system should also be thoroughly checked to establish if the item has been reported as lost or stolen. If the owner of the property is established, every effort should be made to contact the rightful owner as soon as possible in order that the property can be returned to them. Should it be established that the property handed in has been stolen, staff should be mindful that it may be beneficial to have the articles subjected to a scenes of crime examination. Once the details of the property have been recorded on image, a small luggage type label with the relevant Property Dumfries and Galloway (PDG) number recorded thereon should be attached to the item for identification purposes.

Receipt If the loser / finder attends a police station, they should be issued with a receipt from the appropriate book once completed. When a lost report is made by telephone, the details will be placed directly onto Image and the caller given the PDG reference number. When the owner has been identified they should be contacted and asked to attend the relevant police station with identification to collect their property.

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On being given the property, the owner should sign the rear of the Found Property book. If this is not practical due to location or returns by post, they should sign a receipt form which should be returned to the station of issue for retention. The details of the owner collecting the property should also be recorded on the appropriate image entry along with the time and date that the property was handed over and the details of the officer / member of staff and method of how it was returned. Controlled Substances or Common Household Drugs or Poisons Controlled substances discovered as found items should be referred to local officers as a production for analysis or other investigation or they can be advised for destruction as appropriate. Common household drugs should be delivered to a chemist / pharmacy for safe destruction or sent for incineration. Specialist advice in relation to storage and disposal should always be sought when dealing with poisonous or noxious substances.

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Appendix ‘C’

‘P’ Division Reports of Lost Property All lost and found property is recorded on the CrimeFile Lost and Found Electronic Application. This application can be interrogated throughout the Division allowing found items to be located and returned to the owner if enquiry is made. Full guidance in the use of this application can be found within the Knowledge Base section of the former Fife Constabulary Intranet. Controlled Substances or Common Household Drugs or Poisons Controlled substances or common household drugs or poisons should be entered within the Found Property (FP) application and then lodged as a production within the CrimeFile Production Application using the FP number and dealt with as per local procedures. The FP register will be written off against the production number.

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Appendix ‘D’

‘A’ Division Quality Control - Use of Crimefile The Reports Inspector, Criminal Justice, has tactical ownership of the electronic Lost and Found Property Register application on CrimeFile. Guidelines on dealing with Lost and Found Property / Force Procedure can be found on the force intranet at Reference Library / Force Policies and Procedures / Lost and Found Property. Each Lost and Found Property Office (LFPO) has the responsibility for purging their Lost Property Reports in accordance with our Record Retention SOP. This would be applied as the remainder of the financial year within which all transactions related to the item were completed, plus an additional six years. The procedure for carrying this out is as follows:

On the main page of the electronic Lost and Found Property Register, click the 'Multiple Dispose' icon (this has the appearance of a waste paper bin).

Chose the 'LF Status' as Lost.

Chose the 'Destination Location' as the relevant LFPO.

Chose the appropriate date range.

Choose 'Find Now'.

Highlight the first Lost Report. Hold down the 'shift button' and select all the remaining Lost Reports.

Choose 'Dispose' and when asked for a reason type 'Out of date.'

Detailed inspections of found property and all related registers and documents will be carried out by supervisory police officers within their jurisdiction.

The frequency of inspections will be as instructed by Area Commanders. Having carried out an inspection, the supervisory police officer will generate a Search Results Summary for that LFPO:

In the computerised Lost and Found Property Register, log on as being the LFPO relevant to your enquiry.

Choose 'User Defined' as the Search Type.

On the 'L&F Details' tab enter the relevant dates and choose 'Outstanding Found' as the LF Status.

On the 'Item Description' tab choose the classification of property to be checked.

Choose 'Find Now'.

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Once the property is checked and found to be correct, a Search Result Summary Sheet should be printed. The date and time of the print is incorporated thereon. The person conducting the check will endorse the printed list with their signature and it will be retained at the LFPO relevant to the enquiry.

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Appendix ‘E’

‘E’ and ‘J’ Divisions Reports of Lost Property A manual recording system is in operation and the following documents are deemed to be Lost Property Records:

nl1 Recovered Stolen Property form (carbonated);

nl2 Dog Certificate (used when a finder elects to retain a dog);

nl3 Found Property Book (yellow cover);

nl8 Shop Property Books (blue cover);

nl11 Lost Property Book (green cover);

nl13 Reward Receipt Book (buff coloured book);

nl22 email Lost Property Form;

nl23 amendment to email Lost Property Form;

nl24 LS01 form - National Lost / Stolen Passport Form; and

Shop Sheets - for non-valuable property (carbonated forms).

Lost / Found / Abandoned Property will be processed in the following four areas:

City of Edinburgh - Fettes;

Midlothian / East Lothian - Dalkeith Police Station;

West Lothian - Livingston Police Station; and

Scottish Borders - Hawick Police Station. Controlled Substances or Common Household Drugs or Poisons Where controlled substances or common household drugs are handed in within or as found property they are removed and lodged with the Drugs Production Unit at Fettes. Items Requiring Special Consideration – Stolen Property When returning found property which has originally been reported as stolen, form nl1 must be completed and the owner of the property must sign to acknowledge receipt of same. Thereafter a copy of the nl1 must be sent to the enquiry officer. The enquiry officer must then update the corresponding UNIFI crime record.

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Keys Keys will be accepted at all police stations; however they will not be recorded on a found report. On receipt, all keys will be have a pink ticket attached with the locus of where found and the date recorded. Keys will be forwarded to the local area Custodier and will be retained for three months. Members of the public should be referred to the relevant Custodier of the area in which the keys were lost and staff will check to ascertain if there are any matching keys handed in, lost reports will not be recorded. Found or Stray Dogs When a dog is found, a Found Property Report must be completed. Where the finder elects to retain the dog, a Dog Certificate (nl2) must also be completed.

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Appendix ‘F’

‘N’ Division Reports of Lost Property Our Lost Property reporting system is manual and the following practice should be adhered to:

The deposit of items of found property with police will be recorded timeously in triplicate and in the Found Property Register, yellow copy - finder, white - station record (remains in book), card - filed at station.

Detachable label which forms part of card is secured to item.

Legibility in recording is paramount. A full description of found items to be recorded and in case of bank notes, the denomination, serial number and issue bank appended.

Where an officer receives property outwith a police station, full details are to be recorded in police notebook and a receipt issued to finder once item is lodged and recorded at station.

Where found property is not claimed, the finder can opt not to take receipt of the property after the statutory retention period. In this instance the disclaimer section of the form must be signed.

Any article of found property suspected of being stolen will be reported to the Duty Officer.

The Custodier at Inverness is the expert advisor and can be contacted for guidance on 01463 228413. Controlled Substances or Common Household Drugs or Poisons Controlled substances are either passed to the Area Productions Departments for destruction or if identifiable returned to the dispensing pharmacy. Specialist advice should always be sought when dealing with poisonous or noxious substances. Common household drugs (non prescription) should be placed in the disposal receptacles.

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Appendix ‘G’

‘G’, ‘U’, ‘Q’, ‘K’ and ‘L’ Divisions Reports of Lost Property When an item is reported as lost, a written record in the Lost Property Receipt Book (1.12.1) will be made at the time with the detail taken of all circumstances of which the owner is aware, including:

the place, date and time of loss;

a description of the item including any reference or serial numbers if known, and

full contact details for the owner.

This record of loss is given a unique reference number and stored for 1 year + 6 from the date of reporting. A copy should be sent to a different location where it is more likely the item may be found. The person reporting the loss should be provided with a copy of the loss report. The police officer / member of police staff receiving the report will check records to ascertain whether the property has already been handed in at the station and, if so, is to return it to the owner. A report of loss can be made by telephone or in person at any police station. Controlled Substances or Common Household Drugs or Poisons Any controlled substances or common household drugs or poisons handed in as found property will be recorded and then destroyed. Under no circumstances will these be returned to either the owner or finder. Should the owner require to have their prescription verified for replacement, they can produce their copy from the Lost Property Receipt Book (1.12.1). Keys Keys handed in as found property will NOT be recorded in Found Property Receipt Book (1.12.2), unless they are identifiable or have attachments of some intrinsic value. In which case a record of found property will be made. Keys should be retained for a period of 1 month from the date of finding and then be disposed of by the Custodier.

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Appendix ‘H’

‘D’ Division Reports of Lost Property All lost and found property reports will be recorded via the Lost & Found Property Management Application on FOCUS. This is an application utilised by all officers / staff within the Tayside area. Local Property Retention All found property handed in to the following areas and received by police officers, is to be recorded on the above system as soon as possible after receipt: Dundee Local Policing Area: The property will be lodged in sealed bags within the temporary stores for drivers to uplift. It will be transported to Dundee HQ temporary store and collected by the Property Custodier’s Dept on the next working day. The property will remain centralised and secured within this Department until disposal. Angus Local Policing Area: The property will be secured / retained within each station for a minimum of 7 days, thereafter being transported to Forfar HQ by the driver, where it will remain centralised and secured until disposal. Perth Local Policing Area: All property will remain secured within each station for the full retention period, until disposal. Contingency Planning Where the application becomes unavailable due to the system crashing, power failure, or in the case of special events planning, etc. staff will revert to the “old” manual system. A small stock of lost property cards / found property books is retained at all police stations and should be used only where absolutely necessary. Whenever it has been necessary to log a report(s) using the manual system, this information will be recorded into the above application as soon as possible in order to maintain continuity and the flow of information (exceptions to this may be in controlling special events, depending upon the scale of the event). Controlled Substances or Common Household Drugs or Poisons Where lodged as found property, these items will be immediately destroyed as per drugs productions.

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Rewards When property is returned to the owner and a reward is left for the finder, the owner will endorse the property receipt in relation to unclaimed rewards by indicating that:

1. they wish the reward returned to them, or

2. they wish the reward to be donated to the Police Benevolent Fund.

Where a reward is left for the finder, a letter generated by the Application will be sent to them stating that the property they found has been claimed and that a reward (amount specified) has been left for them. This correspondence will inform the finder that they have 30 days from the date of the letter to uplift the reward. If this reward remains unclaimed by the finder and the owner wishes the reward returned to them, the onus is on them to contact us within one further month in order to re-claim the reward. All unclaimed rewards will be donated to the Police Benevolent Fund. If a finder is unable to attend personally to claim a reward, the following options should be considered:

Is there a family member / friend that the finder could authorise (in writing) to uplift the reward on his / her behalf;

BACs transfer (update ‘Comments’ section of report);

Where it is necessary to post a reward to a finder, a cheque will be sent accompanied by a letter, receipt for completion by the finder and an addressed envelope for the return of the completed receipt (update ‘Comments’ section of report).

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Appendix ‘I’

List of Associated Legislation

Civic Government (Scotland) Act 1982

Control of Substances Hazardous to Health Regulations 2002

The Merchant Shipping Act 1995

Data Protection Act 2018

Copyright Designs and Patent Act 1988

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Appendix ‘J’

List of Associated Reference Documents Policies

Lost and Found Property Policy Standard Operating Procedures

Productions SOP

Forensic Science Gateway SOP

Record Retention SOP

Seizure of Vehicles SOP

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Appendix ‘K’

List of Associated Forms Forms

Material Safety Data Sheet (Form 141-012)