Financial Crime World

Ensuring Correct Documentation of Seized Items: A Guideline for Search Operations

The National Prosecutions Service (NPS) has issued a guideline to ensure that all items seized during search operations are documented correctly, including their unique features.

Search Certificate Requirements

  • The guideline emphasizes the importance of ensuring that seizure certificates are signed by:
    • The person searched
    • The owner or occupier of the premises
    • Investigating officers
    • Independent witnesses

In cases where a suspect refuses to sign the certificate, the officer should certify on record under their hand that the suspect has refused.

Immediate Signing of Seizure Certificate

  • Seizure certificates must be signed immediately after the search at the premises where the search was conducted.
  • This is in line with the case of Chacha Jeremiah Murimi and 3 Others vs Republic, Criminal Appeal No. 551 of 2015, CAT at Mwanza.

Handing Over of Seized Items

  • In cases where seizure is effected by a person or officer other than the investigating officer, the seized item should be handed over to the investigating officer.
  • The investigating officer will then prepare a handing over note in the format provided by NPS. The note should be signed by:
    • The person
    • The investigating officer
    • A witness

Valuation of Valuable Items

  • Where items seized are valuable, they should be valued to ascertain their worth.

Signing and Issuance of Seizure Certificate

  • Upon signing the seizure certificate, it should be issued to the parties involved.
  • The certificate should contain details of the seized item, including its unique features, and a description of the circumstances surrounding the seizure.

Witness Statements

  • Take witness statements in the correct format.
  • A witness statement should include:
    • Date
    • Time
    • Place
    • Circumstances of the alleged offence

Cautioned Statement of Suspect

  • Record the cautioned statement of a suspect in a language understood by the suspect and ensure that the suspect understands their rights.
  • The statement should be recorded chronologically, following the sequence of events.

Exhibits and Alterations

  • Relevant exhibits relating to the witness or suspect should be available at the time of interviewing and recording statements.
  • Any alterations made to the statement should be signed by both the investigating officer and the witness.

The guideline aims to ensure that all items seized during search operations are documented correctly, and that witnesses and suspects are treated fairly and in accordance with the law.