Dealing with lost & found property
Freedom of information request reference no: 01.FOI.23.031058
I note you seek access to the following information:
Even though police forces in England and Wales do not perform statutory functions in dealing with lost property like their Scottish counterpart (see Part VI of the Civic Government (Scotland) Act 1982 - the Police (Property) Act 1897 does not apply to lost property in England and Wales), they still accept found property from the public in limited circumstances.
Hence, as a freedom of information request,
1. I would like to ask you to provide me with the existing (internal) guidelines or other relevant (internal) records on how the Metropolitan Police deals with found and lost property as well as with the existing procedural rules which have to be observed in this context.
At the moment, only the "Guidance for Dealing with Common Items of Lost Property" (Jun 2021) and "The Management of Lost and Found Property - Policy Flowchart" (Jun 2021) are available online but not any more detailed guidelines or the "Guidance for Dealing with Common Items of Found Property".
In particular (but not limiting the request above), the existing guidelines and records regarding the following questions would be helpful for my scientific research:
2. In which cases are finders required by law to deliver property to the police force? What is the corresponding legal basis (which primary or secondary legislation, common law etc.?)
3. In which cases are finders allowed to hand in property? What is the corresponding legal basis (which primary or secondary legislation, common law etc.?)
4. What are the legal rights and obligations of the police force with regard to handed-in property that has been handed in? What is the corresponding legal basis (which primary or secondary legislation, common law etc.?)
5. In particular, which arrangements are made for the care and custody of the property?; which steps are taken to ascertain the identity of the owner?; in which cases, under which procedure and on which conditions (for example, payment of reasonable charges and expenses or even a reward to the finder) is the property returned to a person claiming to be its owner?; in which cases and at which time is unclaimed property handed back to the finder (on which legal basis and with which legal effects?)?; in which cases, at which time and under which arrangements is unclaimed property being disposed of, including sold (on which legal basis and with which legal effects)?
6. What is the legal relationship of the police force towards both the finder and the owner (agency, agency of necessity, deposit, trust, special public legal relationship, etc.?)?
Decision
I have today decided to disclose the located information to you in full.
Please find below information pursuant to your request above.
Q1 - I would like to ask you to provide me with the existing (internal) guidelines or other relevant (internal) records on how the Metropolitan Police deals with found and lost property as well as with the existing procedural rules which have to be observed in this context.
At the moment, only the "Guidance for Dealing with Common Items of Lost Property" (Jun 2021) and "The Management of Lost and Found Property - Policy Flowchart" (Jun 2021) are available online but not any more detailed guidelines or the "Guidance for Dealing with Common Items of Found Property".
In particular (but not limiting the request above), the existing guidelines and records regarding the following questions would be helpful for my scientific research:
Please see the attached guidance and policy documents attached and link below:
Q2 - In which cases are finders required by law to deliver property to the police force? What is the corresponding legal basis (which primary or secondary legislation, common law etc.?)
This is an invalid request it is not for the Met to advise the public regarding the law.
Q3 - In which cases are finders allowed to hand in property? What is the corresponding legal basis (which primary or secondary legislation, common law etc.?)
This is an invalid request it is not for the Met to advise the public regarding the law.
Q4 _ What are the legal rights and obligations of the police force with regard to handed-in property that has been handed in? What is the corresponding legal basis (which primary or secondary legislation, common law etc.?)
This is an invalid request it is not for the Met to advise the public regarding the law.
Q5a - In particular, which arrangements are made for the care and custody of the property?
All items would be logged onto CONNECT as Found Property. This is retained at the front counter for up to five days, after that it can be transferred to the local criminal exhibits store for secure retention dependent on the type of property i.e. cash or jewellery would be held in the criminal exhibits store safe. The transfer would be recorded on CONNECT.
Q5b - which steps are taken to ascertain the identity of the owner?
• High-value found property on CONNECT: make reasonable enquiries to find the owner, and record these efforts on CONNECT.
• If the item has an IMEI (International Mobile Station Equipment Identity) or a serial number, check it on Crimint, CRIS and NMPR (The National Mobile Property Register), to see if an owner is registered.
• If an owner claims the item, record it as found on NMPR.
Q5c - In which cases, under which procedure and on which conditions (for example, payment of reasonable charges and expenses or even a reward to the finder) is the property returned to a person claiming to be its owner?
Only restore an item to an owner if they can prove they own it. You should get them to:
• describe the contents of a wallet or bag
• quote the serial number of an item
• describe the distinguishing feature of an item.
This is not exhaustive and is based on the item in question.
Q5d - In which cases and at which time is unclaimed property handed back to the finder (on which legal basis and with which legal effects?)?
The following items cannot be returned to finders:
• any item where possession is an offence
• items where the owner is known and it has not been possible to restore it to them within the time limit
• cheques, credit cards and similar items
• correspondence
• passports and official documents
• keys
• firearms, knives and other offensive weapons
• mobile phones
o If removing a memory card from an item removes all its data, you can restore the item to the finder. The memory card should then be submitted to Criminal Exhibit Services for secure disposal.
• computers or any equipment with computerised memories that hold data, including digital photographs or video
• military uniforms or equipment, (unless of historic value only and clearly part of a collection of ‘militaria’).
Before giving the item to the finder, get them to sign a found property receipt. When you’ve given it to them, get them to sign a Book 110 receipt, which is a printed receipt book that should be in your stationery supplies. You must only restore property to minors in the presence of their parents or guardians.
For the part of the question referring to legal advice this is an invalid request it is not for the Met to advise the public regarding the law.
Q5e - In which cases, at which time and under which arrangements is unclaimed property being disposed of, including sold (on which legal basis and with which legal effects)?
• After six weeks, the Met sells valuable found items to cover costs, and destroys items that can’t be sold.
• If someone claims ownership of an item that has been sold, offer them the amount the Met received at auction. If they are not satisfied with this, advise them to instruct a solicitor. If the item has been destroyed, tell the claimant.
This information is Met policy. Anyone who works for the Met, including contractors and volunteers, must comply with it.
For the part of the question referring to legal advice this is an invalid request it is not for the Met to advise the public regarding the law.
Q6 - What is the legal relationship of the police force towards both the finder and the owner (agency, agency of necessity, deposit, trust, special public legal relationship, etc.?)?
This is an invalid request it is not for the Met to advise the public regarding the law.