Protecting the integrity of evidence collected is an important factor in enforcement. If the integrity of the evidence is questioned, it could jeopardize its use in prosecution, and perhaps ruin the chances of bringing a guilty person to justice.
In countries with a history of the rule of law, a complex framework of rules and procedures has developed for the collection, use and preservation of evidence. For evidence to be admissible in court, these rules must be followed. Procedural rights protect the rights of the accused and ensure that evidence is not tampered with in order to manipulate the results of the investigation or trial.
It is very important to the integrity of law enforcement that anyone who handles evidence during an investigation be familiar with the rules concerning the admissibility of evidence and comply with those rules.
Protection of evidence
Good procedures for the handling and storage of evidence can help ensure that evidence is not tampered with, lost or replaced with false evidence after it is taken into custody. These procedures usually include documenting the continuity of possession of that evidence.
Some of the good-practice procedures generally used to protect the integrity of evidence while in official custody:
- identifying evidence as soon as it is taken into possession. Each piece of evidence is given a specific reference number. The evidence is described, along with a notation of where the evidence was taken into custody and when (date and time). A duplicate copy of the receipt is given to the person who originally provided the evidence and a copy is kept in the file;
- sealing original documents and evidence in boxes or containers and only using photocopies for the investigation;
- keeping an inventory of the evidence in custody. The inventory lists the reference number of each piece, the box number where it is stored and the location of the locked room where the box is stored. It is a good idea to store evidence in fireproof rooms that have limited and controlled access;
- keeping written records of the handling and movement of evidence. A control sheet for the movement of exhibits can be attached to each piece of evidence. Any handling or movement of the evidence is noted in the access log for the evidence kept by the person in charge of the storage room. This includes the date, time, name of the person taking the material, the reference number of the sealed containers, and the reason for the removal of the materials. The log is signed by both the person in charge of the storage room and the person taking the materials;
- keeping the records dealing with the handling of evidence separate from the complaint file; and
- returning the evidence to their owners at the end of the process. The owners sign a receipt certifying what was returned and are given a copy of the receipt with the original placed in the register of evidentiary files.
