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Guidance Twenty Four - Preserving evidence

(The Police will follow their own internal guidelines for preserving evidence)

WHILST YOUR EFFORTS TO PRESERVE EVIDENCE MAY BE VITAL, YOUR FIRST CONCERN IS THE IMMEDIATE HEALTH AND WELLBEING OF THE VICTIM

When Police involvement is required following suspected physical or sexual abuse, they are likely to be on the scene quickly. To enable the Police to investigate effectively, it is imperative that vital evidence is preserved. For the short time before the Police arrive, what you do or do not do can make a vital difference. What follows is a checklist which may help to ensure that evidence is not destroyed.

In all cases, the following apply:-

  1. WHERE POSSIBLE, LEAVE THINGS AS THEY ARE. IF ANYTHING HAS TO BE HANDLED, KEEP THIS TO A MINIMUM. DO NOT CLEAN UP. DO NOT TOUCH WHAT YOU DO NOT HAVE TO.
  2. Leave weapons where they are unless they are handed to you. If you have to receive them, take care not to destroy fingerprints. Do not wash anything or in any way remove fibres, blood etc.
  3. If you are handed any items of possible interest, e.g. a weapon, put them in separate paper bags which must be sealed and given unopened to a Police Officer.  Note on the bags what is contained and store in a secure place.
  4. Only where necessary (if they are un-wearable), change and preserve the clothing and footwear of the victim. Handle these as little as possible and store them in separate sealed bags. Hand the sealed bags to a Police Officer.
  5. Preserve anything used to comfort or warm a victim, e.g. a blanket.
  6. Note in writing the state of the clothing of both the victim and the alleged perpetrator. Note the injuries in writing. Make full written notes on the conditions and the attitudes of the people involved in the incident.
  7. Care should be exercised that there is no cross-contamination between the victim and the alleged perpetrator. Therefore, members of staff attending to the victim should not have any contact with the alleged perpetrator and vice versa.
  8. Note and preserve any obvious evidence such as footprints or fingerprints.
  9. Secure the room and do not allow anyone to enter until the police arrive.
  10. Any written record relating to the incident, or its surrounding circumstances, should be preserved and made available to the Police. Any decisions made by senior managers should also be recorded and made available.

In addition, in the case of sexual abuse, the following apply:

  1. It is crucial for both the victim and the alleged perpetrator to be medically examined for forensic evidence at the earliest opportunity. (This examination would normally be carried out at the Sexual Assault Referral Centre). Whilst respecting the wishes of the victim, they should be discouraged from washing or bathing until such time as an examination has been undertaken.
  2. Try not to have any person in physical contact with both victim and alleged perpetrator as cross-contamination can destroy evidence. This may be difficult if you are alone on duty and need to comfort both parties, but be aware that any one touching both the victim and the alleged perpetrator will cross-contaminate.
  3. Preserve bedding where appropriate.
  4. Note and preserve any bloody items.
  5. Preserve any used condoms.

In any instance where a victim is seriously injured and is taken to hospital, ask that a sample of blood be taken before any transfusion, as a transfusion will invalidate any evidence in relation to blood.


Methods of Preservation

For most things, use clean brown paper, a clean brown paper bag or a clean envelope if possible. If using an envelope, do not lick it to seal.

For liquids, use clean glassware.

For knives and other metal objects, use a polythene bag.

For fire damaged materials, use a nylon bag.

These are obviously ideal solutions and may not be possible at the time of a trauma. However, do the best you can.

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