Policy P37 - Human Tissue - Lawful Seizure, Retention and Disposal Following a Suspicious Death or Homicide
The Authorised Professional Practice (APP) has been approved by the College of Policing as the official and most up-to-date source of professional practice on policing. South Yorkshire Police have adopted APP as their Statement of Agreed Policy. This is the agreed policy on Investigation and you may wish to refer to the APP section now.
Purpose and Summary:
The Human Tissue Act came into force on 1st September 2006 having been passed as law in 2004. Informed consent is now the fundamental principle underpinning the lawful removal, storage and use of human tissue and organs.
The Human Tissue Act defines “relevant material” as any material from a human body that consists of, or includes, cells. This includes blood (except where held for transplantation). Hair and nail from living persons are specifically excluded, as are gametes and embryos outside the body, which are covered separately by the provisions of the Human Fertilisation and Embryology Act.
A list of materials considered ‘relevant material’ under the Human Tissue Act 2004 can be found here.
Whilst the Human Tissue Act does not apply to tissue samples taken during the course of a criminal investigation, it is recommended that the principles of the legislation be followed.
Between 2010 and 2012, the Forensic Pathology Unit at the Home Office, in the name of the Association of Chief Police Officer's (ACPO), (ACPO is now the National Police Chiefs Council (NPCC)), oversaw a national audit of human tissue in England, Wales and Northern Ireland. Their report published in May 2012, made a number of recommendations in relation to the retention of tissue after post-mortem examinations, which the NPCC and the Home Office strongly advised forces to adopt (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/115689/police-human-tissue-audit.pdf).
Key Principles:
South Yorkshire Police acknowledge the sensitive nature of the issues contained within this policy, together with the significant ethical and moral obligations accompanying them which cannot be underestimated. We will ensure we deliver in line with the Code of Ethics with particular emphasis on our values of Integrity, Openness, Fairness, Respect, Honesty, Courage and Teamwork.
This policy will ensure the actions of SYP and staff employed by them comply with the legislative requirements of the Police and Criminal Evidence Act 1984, the Human Tissue Act 2004, the Coroners and Justice Act 2009 and the Criminal Procedure and Investigations Act 1996.
Scope:
This Policy applies to all police officers and police staff who through the course of their duties are responsible for the direction and control of Human Tissue exhibits seized as part of a criminal investigation during the forensic postmortem process.
South Yorkshire Police have a dedicated Single Point of Contact (‘SPOC’), known as Operation Dunlin, to oversee and track the management of human tissue and to ensure that force policy concerning the seizure, retention and disposal of human tissue is complied with.
Key Responsibilities
The Force will:
- Listen to and where possible abide by the NOK/Family representative wishes
- Provide role specific training for those whose role involves the seizure and retention of Human Tissue in the course of a criminal investigation
- Work in partnership to ensure that Human Tissue is retained no longer than necessary
Supervisors and Managers should:
- Oversee and manage the Seizure and retention of Human Tissue by staff under their jurisdiction to ensure compliance with relevant policy and procedure.
- Ensure that Human Tissue is retained no longer than necessary through clear effective decision making, communication, audit and debrief
Individuals should:
- Familiarise themselves with responsibilities under PACE, CPIA and the Human Tissue Act and ensure accurate record keeping and continuity of material at all times.
- Ensure that Human Tissue is retained no longer than necessary through compliance with the investigative decision-making process during and post investigation
Legal Framework/Guidance materials
The overarching policy is also in accordance with current legislation and guidance.
A number of National guidance documents also underpins this policy:
- Human Tissue Act 2004
- Report on the Police Human Tissue Audit 2010-2012
- HTA Guidance relating to Disposal of Category 3 material dated 18/03/2015
- Home Office Draft Human Tissue Policy in relation to retention and disposal of human tissue for Police Forces in England and Wales
- Forensic Science Regulator Guidance (FSR-G-203 Issue 4) – Legal Issues in Forensic Pathology and Tissue Retention (published on the 31st August 2020)
- Human Tissue Authority Post-mortem Examination Code of Practice and Standards – Code B
- Coroners and Justice Act 2009
- Criminal Procedure and investigations Act 1996 (CPIA)
- PACE / Common Law (RPG cases or when seized not on premises)
- Coroners (Amendment) Rules 2005
- Coroners (Inquests) Rules 2013
- Coroners (Investigations) Regulations 2013
- Human Rights Act 1998
Associated Procedural Instructions
This policy is supported by the subsequent procedural instructions:-
Pi37.1 - SYP Seizure, Retention and Disposal of Human Tissue
Pi22.3 – Seizure and Retention of Property (other than Found Property)
SYP FLO Portal
SYP Forensic Portal
Equality Act 2010
The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Equality Duty.
In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.
The Code of Ethics published in 2014 and revised in 2024 by the College of Policing requires us all to do the right thing in the right way.
The 2024 Code of Ethics is not a statutory Code of Practice, it has the same status as other guidance produced by the College. The Code of Ethics is supported by the Code of Practice for Ethical Policing. This is a statutory Code of Practice which provides chief officers with direction on promoting and supporting ethical and professional behaviour within their forces.
Human Rights/Discretion
The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.
Where action is taken that has the potential to interfere with an individual's Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.
Rights of redress for members of the public:
Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.
Initial action should be taken in one of the following ways:
- Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.
- Visit a local Citizens' Advice Bureau
- Contact a Solicitor
Rights of redress for South Yorkshire Police personnel:
South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:
- Pursue concerns through their line manager.
- Contact a First Contact Advisor.
- Pursue a grievance formally through the South Yorkshire Police Grievance Resolution Procedure.
- Seek advice from their staff association or trades union.
Use procedural instruction Pi23.11 - Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control.
Start Date: 06/12/2021
Review:
This statement of agreed policy is managed by Head of Crime .
This policy and its Equality Analysis were last reviewed on: 17/04/2025
The date for the next review of this policy and Equality Analysis is: 17/04/2027