Evidence Of Police Actions – Audio, Video Retention and Deletion Policy

Freedom of information request reference no: 01.FOI.25.043025

I note you seek access to the following information:

1. Please provide full details of the MPS retention and deletion policy in respect of evidence of police actions and interactions with members of the public, in terms of audio and video recordings.
   This relates specifically to interactions with the public as suspects, and separately as witnesses, and then as complainants.
   This relates in particular to body worn audio and video, and audio and video recordings made in police vans, police custody suites, and police interview rooms.
   MPS officers have stated on occasion that video is retained for 100 years, and separately that it is deleted after 28 or 30 days.
2. Given the importance of best evidence in criminal cases, and the duty to retain all relevant evidence, please set out when audio and video recording is required to be made, when it is optional, and when it is by policy not required – including, for example in public or private places where a crime has been or may have been committed.
3. Equally, what is the police policy and practice in taking and retaining photos of injuries, for example if a witness, suspect or complainant requests that photos be taken.
   It is suggested that all arrests should be routinely audio and video recorded, unless exceptionally that is impossible. Then that these recordings should be retained for a minimum of one calendar year from the date of arrest, or if longer until all relevant police investigations are concluded.
   That way any conflict of evidence regarding what actually happened can be resolved, for example, should a complaint be made over police action.
   If a charge or complaint be brought, or a civil claim be intimated, the audio and video should be retained at least until all proceedings, including any possible appeals, are concluded.
   The same goes for audio and video from police vans when persons arrested are transported.
   The same goes for audio and video from police cars when members of the public are transported, whether arrested, as witnesses or for other reasons.
   There should be continuous audio and video recording in all custody suites, and this should be retained again for at least one year, with any controversial incidents retained for at least five years.
   When police speak to people who may be suspects or witnesses in any criminal case, body worn audio and video recording should take place, and this should be retained for a minimum of the longer of one year, or until all relevant police investigations are concluded.
   In all cases, if a charge or complaint be brought, or a civil claim be intimated, the audio and video should be retained at least until any proceedings, including any possible appeals, are concluded.
   It is suggested that in cell audio and video recording might be made - on authorisation of a senior officer given privacy considerations - and retained as above, but that these should be deleted on request of the person occupying the cell, unless the evidence is needed for court or other proceedings.
   Any failure to comply with the above policy by officers should be treated as prima facie misconduct.
4. Is this above current MPS policy, or how and why does the policy differ from this.
5. When might it not be complied with.
6. What measures are in place, for example in terms of secure backup, to ensure that evidence is safely recorded and retained even in the event of some major malfunction of data recording or storage.

Decision

I have today decided to disclose the located information to you in full. Please find below information pursuant to your request above.

Response in relation to BWV cameras

Q1 - Please provide full details of the MPS retention and deletion policy in respect of evidence of police actions and interactions with members of the public, in terms of audio and video recordings.
This relates specifically to interactions with the public as suspects, and separately as witnesses, and then as complainants.
This relates in particular to body worn audio and video, and audio and video recordings made in police vans, police custody suites, and police interview rooms.

Response from the BWV team who can only answer in relation to BWV cameras

Information on how BWV footage is handled can be found on the MPS website BWV pages: MPS | Privacy and Body Worn Video

MPS officers have stated on occasion that video is retained for 100 years, and separately that it is deleted after 28 or 30 days.
Recordings that aren’t categorised as required for evidence at court or in other legal proceedings will be automatically deleted within 31 days.
Data that is retained is given a retention category in line with its retention requirement

• VOLUME CRIME (6 years) - Evidential and Relevant used or unused material (anything that appears to have some bearing on any offence under investigation or any person being investigated)
• SERIOUS CRIME (30 years) – sexual and violent offences and specified offences under CJS 2003
• MAJOR CRIME (100 Years) – serious offences and public protection matters
• POLICING PURPOSE (6 years) - Protecting life/property, Preserving order, preventing commission of offences, Bringing offenders to justice, duty or responsibility arising from common or statute law.
• PROFESSIONAL STANDARDS (6 months) to protect any material relating to a Professional Standards matter such as Death/Serious Injury, complaint or police conduct issues (NPCC guidance on retention, in compliance with schedule 3 Police Reform Act)
• SUBJECT ACCESS/ FoIA REQUEST (2 Years)
• REVIEWED – AUTO DELETE (31 days) - material has no bearing on any offence under investigation; on any person being investigated; on the surrounding circumstances and will auto delete if not categorised with any of the above.

Response from DataSafe

Please find attached link for the National retention policy 

Q2 - Given the importance of best evidence in criminal cases, and the duty to retain all relevant evidence, please set out when audio and video recording is required to be made, when it is optional, and when it is by policy not required – including, for example in public or private places where a crime has been or may have been committed.

The BWV team can only answer in relation to BWV cameras

Information on how BWV cameras are used by the MPS can be found on the MPS websites BWV pages: MPS | How and when Body Worn Video are used
And the MPS BWV policy statement, which is available via the MPS publication scheme: MPS | Body Worn Video Policy Statement - September 2024.pdf

Q3 - Is this above current MPS policy, or how and why does the policy differ from this.

The BWV team can only answer in relation to BWV cameras
Information on how BWV cameras are used in the MPS can be found on the MPS website BWV pages: MPS | How and when Body Worn Video are used
And the MPS BWV policy statement which is available via the MPS publication scheme: MPS | Body Worn Video Policy Statement - September 2024.pdf

Q4 - When might it not be complied with

Information on how BWV cameras are used in the MPS can be found on the MPS website BWV pages: MPS | How and when Body Worn Video are used
And the MPS BWV policy statement which is available via the MPS publication scheme: MPS | Body Worn Video Policy Statement - September 2024.pdf

Q5 - What measures are in place, for example in terms of secure backup, to ensure that evidence is safely recorded and retained even in the event of some major malfunction of data recording or storage.

The MPS uses the Axon AB3 and Axon Flex BWV cameras. The BWV footage is stored in secure cloud-based storage and accessed via a secure browser-based system. This system can only be accessed by an MPS account holder via MPS approved devices.
Information on Axon security can be found at: Axon Trust Center | Powered by SafeBase

Response from MO9 – Met Detention - Custody

Custody CCTV that is recorded under the new system will continue to only be retained for 366 days. It automatically deletes the CCTV after 366 days as per the current retention policy

Response from Property Services (PSD)

Q1 - Please provide full details of the MPS retention and deletion policy in respect of evidence of police actions and interactions with members of the public, in terms of audio and video recordings.
This relates specifically to interactions with the public as suspects, and separately as witnesses, and then as complainants.
This relates in particular to body worn audio and video, and audio and video recordings made in police vans, police custody suites, and police interview rooms.

Met Estate CCTV imagery is retained for a minimum of 31 days.

MPS officers have stated on occasion that video is retained for 100 years, and separately that it is deleted after 28 or 30 days.

See above for Estate CCTV retention periods.

Q2 - Given the importance of best evidence in criminal cases, and the duty to retain all relevant evidence, please set out when audio and video recording is required to be made, when it is optional, and when it is by policy not required – including, for example in public or private places where a crime has been or may have been committed.

Estate CCTV is not used for interview recording as part of standard evidential recording purposes, but instead for safety, security and management use, relating to the Met Estate.

For operational security reasons the Met are not able to confirm how data recorded by estate CCTV systems is secured against loss.