101 Flashcards
The appreciation technique
Step 1: Aim or ObjectiveStep 2: FactorsStep 3: Courses OpenStep 4: Plan
The appreciation techniqueAim or Objective
A short statement of intent, to address the situation and formulate an aim or objective.
The appreciation techniqueFactors
Identify and consider the factors that will affect the aim or objective.The ‘so what’ questions
The appreciation techniqueCourses open
Are the options you can identify after having assessed the factors and the deductions made from the factors.
The appreciation techniquePlan
Select the most appropriate courses for attention and plan the action you take.
Forms of appreciation
Writing down an appreciation can enhance it.
Two forms of appreciation
Full appreciationShort appreciation
Full appreciation
Most often for high level or difficult tactical or administrative problems
Short appreciation
For urgent or pressing problems requiring immediate action
How do you gain good cause to suspect an offence has been committed
You own observationStatementsAdmissions from offenderExamining the sceneForensics
When arrested for ‘breach of peace’ how long have you got before deciding if charges are to be laid
Within a reasonable time (1-2 hrs). Release immediately if no charges
What does CADD stand for
Concealed, altered, damaged or destroyed
Limited searches when person locked up
Limited to one, unless an exemption exists under subsection 3. Believe possession of anything may be used to harm. Been near someone not searched or someone not locked up. Hasn’t been searched under sub section 2
Rights of person arrested or detained(7)
Be informed of the reason for arrest or detentionConsult / instruct lawyerHave the arrest or detentions validity determined ( be released immediately if not lawful)Be charged promptly or releasedBrought before the court or tribunal ASAPRefrain from making a statement (informed)Be treated with humanity and respect
Who is a witness
Are people who have information about an alleged offence or offender
10 principles of investigative interviewing
Interviewing is at the heart of the investigationThe aim of the interview is to discover the truthInformation must be complete accurate and reliableKeep an open mindAct fairlyQuestioning can be persistentSome witnesses require special considerationSuspects must be interviewed in accordance with the law Special care must be taken to identify suspects requiring special considerationBe sensitive to cultural background and religious beliefs
PEACE interviewing framework
Planning and preparation Engage and explainAccountClosureEvaluation
The three interview models
Free recall Conversation management Enhanced cognitive interviewing
Free recall interview model
For cooperative interviewees in their own time without interruptions
Conversation management
Interviewer to control interview and elicit as much info from reluctant interviewee
Enhanced cognitive interviewing
Builds on free recall using advanced techniques to assist cooperative interviewee
ADVOKATES - relevant information when describing a suspect.
Amount of time under observationDistanceVisibilityObstructionKnown or seen beforeAny reason to rememberTime lapseError or material discrepancySalience
Defining Special Consideration
Personal characteristicsCircumstances of the offending
Special Consideration - Personal Characteristics
Age or MaturityPhysical mental psychological conditionPhysical intellectual psychological or psychiatric impairmentLinguistic or cultural background or religious beliefs
Special Consideration - Circumstances of the offending
nature of the offendingfear of intimidationinvestigative importance of the witnessrelationship to any party invloved
Factors when determining public interest
Seriousness of the offenceLikely penalty upon convictionThe circumstances of the defendant The likelihood of the offence being continued or repeatedThe circumstances of the victim
Interviewing intoxicated witnesess
They must understand the reason for the interview. Do not conduct if the level on intoxication prevents the witness from understanding the nature and reason. If decide too intox then still attempt to obtain brief details so initial action can be completed
Two key planning issues when dealing with witness who have suffered trauma
When is the best time to conduct the interviewWhether to have a support person
Exclusion of unreliable statements, aside from mental condition and pertinent characteristics what other two reasons are taken into account
the nature of any questions put to the defendant and manner an circumstances in which they were put: confusionnature of any threat promise or representation
What is a challenge
Seeking an explanation from the interviewee for inconsistencies
What are two key tasks of any investigation?
1) gathering & preserving evidence 2) documentation
Appropriate & accountable decision making is based on an investigator’s knowledge of?
- the legal framework- characteristics of crime- national policies and procedures
Good decisions are reached by a process of reasoning based on the following sequence?
1) acknowledge of the situation or problem exists2) Identify, isolate and analyse the problem3) formulate a clear objective 4) gather all the data and information required to determine the ways in which the aim might be achieved5) draw up a list, based on the information, of all the possible ways in which the aim might be achieved6) weigh and study each of these alternatives individually7) prepare a plan for putting the selected course into action
What are three factors that can effect decision making?
1) Individual bias2) Verification bias3) Availability error
What is Individual bias?
When one fails to recognise their inconscious perceptions of people, places or things
What is a Verification bias?
Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other line of enquiry
What is Availability error?
Basing decisions on vivid emotionally charged material which not necessarily reflect the scope of material available to make the correct decision. eg: over focussing on the Victims account and overlooking collection of evidence
What are the four steps in the Appreciation Technique?
Aim or ObjectiveFactorsCourses OpenPlan
Explain the meaning of “Aims \ Objective”?
An aim or objective is a short statement of intent beginning with a verb
Explain the meaning of “Factors”?
A factor is a statement of truth about some known influence or circumstance
Give examples of factors?
the time availablepossible suspectsavailable witnessesmaterial located to datepolicy and procedure requiredknow history of partiesrecords that can be tappedthe weather at the time
Explain the meaning of “Courses Open”?
Courses open are the options you can identify after having assessed the factors and the deductions made from the factors
Explain the meaning of “Plan”?
Select the most appropriate courses for attention and place the action you can take:- It is more than likely that it will be effective?- Is it proportionate? (effort, time, service?- Is it achievable?- Will it pass the SELF test?
Critical to an investigative mindset is your ability to exercise. Name four things?
- critical thinking- decision making- the application technique- evaluation
The investigation process is underpinned by four key areas of knowledge, understanding and skills in?
- core legislation- characteristics of crime- national policies & procedures - investigative techniques
What are the stages of criminal investigation?
- instigation- initial investigation- investigative evaluation- further investigation- suspect management- evidence evaluation- further investigation- charge- file preparation- court
What is material?
Material is substance of any kind, including information and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on an offence under investigation or any person being investigated, or on the surrounding circumstances of the case
Name potential sources from which material is gathered from?
- victims- witnesses- suspects- locations- CCTV recordings
In practice the most common formats from material are?
- statements- documents- reports- physical exhibits such as weapons, clothing etc- fingerprints- images- audio or video recordings
What are the five principals of the “investigative mindset”?
- Understanding the source of material2. Plan and prepare3. Examine all material4. Record and collate actions taken and to be taken with material5. Evaluation should identify and further action required
What is investigative evaluation?
Undertaken to determine- what is known- what is now known- consistencies- conflicts the key differences between investigative and evidential evaluation is that during evaluation ‘all material is evaluated, even if inadmissible.
What is a evidential evaluation?
considers:- the overall strength of the case- whether suffcient evidence exists against the offender to proceed to chargewhen carrying out an evidential evaluation the strength of the case is evalauted only on admissible evidence
What is self/peer evaluation?
will address:- review of assumptions and decision making- records organisation and management- information communication and dissemination- lessons learntself and peer evaluation is a critical component of the practice of professionals
What is the appreciation technique?
It is a cognitive tool commonly uses by investigators to take a disciplined approach to their decision making
In order for material to be effective it must be?
Relevant, reliable and admissible
What is hypothesis?
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
Two forms of written appreciation?
- Full appreciation- Short appreciation
Each source of material must be closely scrutinized. Therefore, as part of the collection process you must ensure four things?
- immediate action is taken in relation to quality and preservation of material- its reliability is tested at the earliest oppprtunity- relevant records are made- the material is appropriately stored
Material examination is divided into three areas?
- Interpret2. Clarify3. Challenge - Assume nothing - Believe nothing - Challenge everything
Self and peer test is a criminal component of ?
Practice of Professionals
A formal procedure is a procedure for obtaining visual identification evidence that meets what seven requirements?
- It occurs as soon as practicable after offence is reported2. The suspect is compared to no fewer then seven others who are of similar appearence3. No indication is made to the person making the idenification4. The person making the identification is informed that the suspect may or may not be present5. A written record of the procedure followed is sworn to be true and complete by the Officer6. A pictorial record of what the person making the identification looked at is prepared and certified to be true and complete by the Officer 7. The procedure complies with any relevant regulations
Name six reasons why a Formal Procedure can not be completed?
- Suspect refuses and Police don’t have photo2. Suspect has a singular appearance3. Suspect has substantially changed their appearance after offence occured4. No Office involved could have reasonable anticipated identification would be a issue at trial5. An identification of suspect was made to Officer soon as offence6. An identification of the suspect was made to an Officer after a chance meeting between the person who made the intensification and the suspectIf there is more then one offender, put them on separate lines
The stages of criminal investigation
Two methods: reactive and proactive
Reactive Criminal Investigation
Starts with the discovery of a crime
Proactive Criminal Investigation
Starts with the information intelligence analysis that an individual or group is engaged in criminal activity
What is ‘material’
Is substance of any kind, including information and objects, sounds and images. That has some bearing on any offence under investigation.
Sources of material
Victims, witnesses,suspects, locations (scenes) and CCTV recordings
Common formats for material
Statements, documents, reports, physical exhibits,fingerprints, images and audio or visual recordings.
Applying the mindset for material (5 principles)
1:Understand the source of material2: Plan and Prepare3:Examine all material4:Record and collate5: Evaluate
Evaluation of material (3 types)
Investigative evaluation ( Evaluates all material)Evidential evaluation (Evaluates only admissible material)Self/peer evaluation (practice of professionals)
You cannot arrest and interview for one offence and then change your mind as the offender is in custody and questions cannot amount to cross examination
True
When laying charges think about satisfying the evidential test and public interest test
True
When you have admissible evidence, you then need to apply the public interest test to determine if prosecution is required
True
Public Interest Factors:- extent victim affected- review defendants professional status- offer of reparation- defendants position of trust
True
Give caution as soon as admission made
True
Keep property if remanded and evidence
True
Any Police Officer can execute arrest warrant if Valid and show ID- should not arrest if unable to justify- FV arrest dictated in policy- do not have to arrest if committed offence and have evidence
True
You must factor in offenders risk to others, if will abscond, commit further offences, safeguard offenders safety and interests.
True
Section 214 CYPFS Act overrides any other enactment in making an arrest
True
Public Safety Factor is likelihood of offence being repeated
True
Arbitrary Detention could result in:- civil litigation- case dismissed- inadmissible statement
True
When applying the Evidential Test, you must consider providing a reasonable prospect of conviction
True
You cannot bait a suspect by saying that his friend admitted offence. Admission can’t be obtained by misinterpreting the truth to your suspect.
True
A good charging decision is when the court is provided with an appropriate basis for sentence
True
If you arrest a person and then release them you can still proceed by way of summons
True
- You may only detain persons in certain enactments- Detained persons must be cautioned- Arbitrary Detention does not occur if arrest is reasonable- Arrest is not a form of Arbitrary Detention- Everyone has the right not to be Arbitrarily Detained
True
Obtain a statement from anyone, it doesn’t matter about reliability
True
If multiple witnesses, separate them and conduct brief interview with each to gather details
True
Just because the witness is compliant doesn’t mean that the information is good
True
Notebook or job sheet a refusal to give a statement
True
Witnesses needs and individual circumstances must be taken into account by the interviewer
True
If a witness becomes a suspect then caution, shift to procedures for suspect interview and visually record
True
If a witness is reluctant to give information on a friend DON’T advise them of any consequences if they don’t give information
True
When planning an interview with a special consideration witness you should consult with a supervisor to make decisions about the interview
True
A Special Consideration Witness is one affected by the nature of the offence or has personal characteristics affecting communication
True
Consider a drunk person as ‘special consideration witness’ because their ability to give information is affected
True
A CYP is a special consideration witness because of their age and maturity level may mean they are vulnerable
True
When using an interpreter:- discuss aims and objectives with them- use notes to write in English- don’t allow unsupervised time- visually record- avoid using a known interpreter
True
Vulnerable means Susceptible, defenceless, weak position
True
If witness is distressed consider their concerns, assess their reasons and discuss with a supervisor and visually record.
True
The role of the support person is to ensure their well-being and support their understanding
True
If special consideration witness refuses interview you can still talk with them normally and question them to clarify
True
What is the decision making reasoning sequence?
Acknowledge - A situation or problem existsIdentify, isolate and analyse - the problem clearlyFormulate a clear objective - ask; what are we aiming to achieveGather information - required to determine how the aim can be achievedList - of all ways to achieve the aimCompare - each alternatives individuallyPlan - to execute
What are three factors that can effect decision making?
Individual bias, Verification bias and Availability error
What is Individual bias?
When one fails to recognise their unconscious perceptions of people, places or things
What is Verification bias?
Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other lines of enquiry
What is Availability error?
Basing decisions on vivid, emotionally charged material which may not necessarily reflect the scope of material available to make the correct decision, eg. over focussing on the Victims account and overlooking collection of evidence
What are the four steps in the Appreciation technique
Aim/objective, factors, courses open, plan
Explain the meaning of ‘Aims / Objectives’
An aim or objective is a short statement of intent beginning with a verb
Explain the meaning of ‘Factors’
A factor is a statement of truth about some known influence or circumstance
Give examples of ‘Factors’
Seriousness of offence, pattern of incidents/offences, time available, possible suspects, available witnesses, material located to date, policy and procedures in place, known history of the parties, records that can be tapped, the weather at the time
Explain the meaning of ‘Courses open’
Courses open are the options you can identify after having assessed the factors and the deductions made from the factors.
Explain the meaning of ‘Plan’
Select the most appropriate courses for attention and plan the action you can take;- It it more than likely that it will be effective?- Is it proportionate? (effort, time, service)- Is it achievable?- Will it pass the SELF test?
The investigation process is underpinned by four key areas of knowledge, understanding and skills in?
- Core legislation- Characteristics of crime- National policies and procedures- Investigative techniques
What are the stages of criminal investigation?
- Instigation- Initial investigation- Investigative evaluation- Further investigation- Suspect management- Evidential evaluation- Further investigation- Charge- File preparation- Court
What is ‘Material’?
Material is substance of any kind, including information and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on an offence under investigation or any person being investigated, or on the surrounding circumstances of the case
In terms of material, what is ‘information’?
Used to identify times, locations, circumstances and numbers involved in the incident
In terms of material, what is ‘intelligence’?
If it is analysed together with other material to identify people who frequent the area, have similar clothes and are suspected of involvement in similar disturbances
In terms of material, what is ‘evidence’?
If it is used in court to prove a specific point
What are the five principles of the ‘Investigative mindset’?
- Understand the source of material2. Planning and preparation covers making decisions about the collection of material3. Examine all material; interpret by drawing inferences and explaining to others, clarify any inconsistencies or ambiguities, challenge the meaning and reliability of all material gathered4. Record and collate actions taken and to be taken with material5. Evaluation should identify any further action required
What is investigative evaluation?
Undertaken to determine;- What is known- What is not known- Consistencies- ConflictsKey differences between investigative and evidential evaluation is that during evaluation ‘all available material’ is evaluated, even if inadmissible.
What is evidential evaluation?
Considers;- The overall strength of the case- Whether sufficient evidence exists against the offender to proceed to chargeWhen carrying out and evidential evaluation, the strength of the case is evaluated only on admissible evidence.
What is self/peer evaluation?
Will address;- Review of assumptions and decision making- Records organisation and management- Information communication and dissemination- Lessons learntSelf and peer evaluation is a critical component of the practice of professionals
Investigators usually make decisions based on ‘working rules’. What is another name for it and how is it developed?
Heuristics. Developed from their on the job learning experience of conducting investigations and from their colleagues
What is the Appreciation technique?
It is a cognitive tool commonly used by investigators to take a disciplined approach to their decision making
In order for material to be effective it must be?
Relevant, reliable and admissible
What is a hypothesis?
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
Victims Rights Act 2002, Section 7 - Treatment
Any person who deals with a victim must treat them with courtesy and compassion and respect their dignity and privacy
Victims Rights Act 2002, Section 8 - Access
A victim of an offence should have access to services that address their needs, welfare, health, counselling, medical or legal
Victims Rights Act 2002, Section 6 - Restorative Justice
If upon the victims wishes, wants to meet with the offender to conduct restorative justice by way of facilitated meeting, Police can arrange to do so
Victims Rights Act 2002, Section 11 - Inform of services
Police have an obligation to inform victims of services available to them
Victims Rights Act 2002, Section 12 - Inform of process
Victims must be informed of;- Investigation process- Charges laid or reasons for not charging- Victims role as a witness- Steps victim may take to guard identity- Date, time and place of relevant events- Any outcomes of prosecution
Victims Rights Act 2002, Section 14 - Support persons
Information can be given to a victims support person if the victim;- Cannot receive it- Is not capable of understanding it alone- Has, in writing, nominated that person
Victims Rights Act 2002, Section 20 - Other victims
The prosecutor may, if considered appropriate to do so, treat the following as victims;- Persons disadvantaged by an offence- Persons from whom the effects of the offence has been, or could be, ascertained by or on behalf of the prosecutor
Victims Rights Act 2002, Section 25 - Retention of part or all of Victim Impact Statement
A judicial officer may, on his or her own initiative or on an application for the purpose, order that an offender and every lawyer representing the offender, not be given or shown any part of the victim impact statement.
Victims Rights Act 2002, Section 29 - Informed of bail conditions
Victims have a right to be informed of offenders bail conditions
Victims Rights Act 2002, Section 49 - Complaints
Victims have a right to complain to the IPCA if they feel they have not been afforded their rights
Victims Rights Act 2002, Section 51 - Return of property
Victims property seized as evidence must be returned as soon as possible
Which document is given to a victim eligible for the VNR?
POL1065
A victim is eligible to be put on the Victims Notification Register if they are the victim of?
- Sexual offending- Serious assault- Assault incurring serious injury or death- An offence leading a victim to have ongoing fears for theirs or their families safety
A Victim impact statement can only be distributed by?
Prosecutor
Can a Victim impact statement be disclosed to an offender?
Yes, only with the Victims consent
Who is responsible for informing a S29 victim of release on bail of an accused or offender?
Police
Who is responsible for informing a S29 victim of release or escape from prison detention, or of death, of an offender?
Department of Corrections
Who is responsible for informing a S29 victim of cessation of, or absconding from, or death during, home detention of offender?
Department of Corrections
Who is responsible for informing a S29 victim of decisions on recall orders?
NZ Parole Board
Who is responsible for informing a S29 victim of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital (or facility)?
Ministry of Health
Who is responsible for informing a S29 victim of the accused or offenders possibility of deportation
Department of Labour
What are the ten principles of investigative interviewing?
- Interviewing is at the heart of investigation2. The aim of the interview is to discover the truth3. Information must be complete, accurate and reliable4. Keep an open mind5. Act fairly6. Questioning can be persistent7. Some witnesses require special consideration8. Interview in accordance with the law9. Care must be taken to identify suspects requiring special consideration10. Be sensitive to cultural background and religious beliefs
What are the five stages of the Peace model?
- Planning and preparing interviews2. Engage and explain3. Account4. Closure5. Evaluation
Section 103(3)(a) of the Evidence Act outlines the grounds a judge must consider when deciding upon alternative ways of giving evidence which are?
- Age, maturity- Physical, mental, psychological impairment- Trauma suffered- Fear of intimidation- Nature of proceeding / evidence- Absence or likely absence from NZ
Always consider using a support person when the witness?
- Under 18 or elderly- Suffers from disability, disorder or impairment- Is traumatised- Victim of sexual assault- Fears intimidation- Cultural / religious backgrounds may create a barrier
Who is a witness?
Witnesses are people who have information about an alleged offence or offender. They may be an eyewitness, present at the event, or someone who can only provide peripheral information
What must you do when during an interview a witness becomes a suspect?
Adopt procedures for interviewing suspects. Comply with all legal requirements and record on video. If there is sufficient evidence to charge, the interviewee should be cautioned
Chief Justice practice note one states?
Police may ask questions of any person but they must not be compelled to answer
Chief Justice practice note two states
Before charging or questioning, caution must be given
Chief Justice practice note three states
Questioning may be persistent it must not amount to cross-examination
Chief Justice practice note four states
When a person is questioned about other evidence, the nature of the evidence must be fairly explained
Chief Justice practice note five states
Video recording should always be the preferred method and the interviewee must be given the chance to have the interview played back to them
The Bill of Rights Act 1990, Section 22 - Arbitrary detention
Arbitrary detention is when you arrest or detain a person and;- You do not have a legislative power to- The arrest or detention is unreasonable or unnecessary in this particular case, or while the initial detention was appropriate, the detention continued for an unnecessarily long time
Crimes Act powers of arrest come from what section?
Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed
Summary Offences Act powers of arrest come from what section?
Section 39 - Good cause to suspect
Land Transport Act powers of arrest come from what section?
Section 116(1) - Failure to comply with directions under Section 113 or Section 115Section 120(1) - Suspect a driver has committed an offence under Sections 58-62 of the Land Transport Act 1998
Arms Act powers of arrest come from what section?
Section 40 - Person in possession of a firearm refuses/fails to give correct details
Domestic Violence Act powers of arrest come from what section?
Section 50 - Person suspected of breaching protection order
A special consideration witness may be described as ‘vulnerable’. Vulnerable means?
Susceptible, defenceless, in a weak position
When deciding whether to commence prosecution. What test needs to be applied?
The evidential test and the public interest test
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and…
The court is provided with an appropriate basis for sentence
The Bill of Rights Act 1990, Section 22 - Arbitrary detention
Arbitrary detention is when you arrest or detain a person and;- You do not have a legislative power to- The arrest or detention is unreasonable or unnecessary in this particular case, or while the initial detention was appropriate, the detention continued for an unnecessarily long time
Crimes Act powers of arrest come from what section?
Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed
Summary Offences Act powers of arrest come from what section?
Section 39 - Good cause to suspect
Land Transport Act powers of arrest come from what section?
Section 116(1) - Failure to comply with directions under Section 113 or Section 115Section 120(1) - Suspect a driver has committed an offence under Sections 58-62 of the Land Transport Act 1998
Arms Act powers of arrest come from what section?
Section 40 - Person in possession of a firearm refuses/fails to give correct details
Domestic Violence Act powers of arrest come from what section?
Section 50 - Person suspected of breaching protection order
A special consideration witness may be described as ‘vulnerable’. Vulnerable means?
Susceptible, defenceless, in a weak position
When deciding whether to commence prosecution. What test needs to be applied?
The evidential test and the public interest test
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and…
The court is provided with an appropriate basis for sentence
“Working Rules” are the knowledge and skills learnt from experience
True
“Hypothesis” are explanations for a group of facts and can generate further lines of enquiries
True
A full appreciation is for lengthy and difficult problems
True
Short appreciation is for brief or less complicated problems
True
In any investigation aim to maximise the amount of material collected
True
Written Plans record decision making and shows why a certain course of action was taken
True
Appreciation Technique
AimFactorsCourses OpenPlan
Factor is a statement of truth about some known influence or circumstance
True
Investigative mindset is the principled approach to the way you examine material and make appropriate decisions
True
For an investigation you should aim to collect
The maximum amount to material and examine for its use
In the appreciation technique what is a factor
A statement of truth about a known influence or circumstance
What are the sequential steps of the appreciation technique
AimFactorsCourse openPlan
An appreciation is the mental process, the written plan
Records decision making and shows why a certain course of action was decided
What is meant by an investigators working rules
The knowledge and skills learnt from investigator experience
When thinking about written appreciations what two statements best describe the difference between full and short appreciation
A full appreciation is done for difficult or complex problems, a short appreciation is done for urgent or less complicated problems.A full appreciation is a lengthy plan, a short appreciation is more likely to be a brief list of bullet points on a notebook page.
What best describes hypotheses and why you might use them
Hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry
What statement best describes an investigative mindset
A principled approach to the way investigators examine material and make appropriate and reasonable decisions
The victim impact statement is the record of the victims own words about what happened and there opinion of the offender
False
If not subject to any orders or restrictions the victim impact statement can be distributed to defence council
True
Victim notification register1) offender escapes, dies or temporary release2) upcoming parole hearing3) first unescorted leave or discharge4) not NZ citizen and subject to deportation
1) Department of corrections2) NZ parole board3) Ministry of health4) Department of Labour
Police must inform the victims that….
That they are entitled to access to welfare, health, medical and legal services
OC case or suitably tasked person is responsible for preparing victim impact statement
True
When and why is a CSV1 required
When there is a victim and the matter will proceed to district court because the victim is entitled to specific services at court
What must you ascertain early in an initial interview with a victim who has been assaulted
The safety of the victim and the seriousness of the offence
Match the Police form with purpose1) Victims request to be notified about bail2) Police opposition to bail3) Police referral of victim to court adviser4) Effects of crime in victim5) Record of Police contact with victim
1) POL10652) POL1283) CSV14) POL3925) POL1060
Responsibly of OC case to ensure POL1060 and CSV1 completed
True
The intent of a POL1060 form is to provide
A record of Police action and the on going physical and emotional safety of the victim
Police responsibilities to victim when section 29 suspect released on bail
Police just advise all victims as soon as practicable of the outcomes and conditions of any bail applications
Complaint about prowler, complainant is old woman. Police must make victim referral
True
Who is responsible for ensuring a victim of section 29 offence given POL1065
Responsibility rests with OC case who arrests and charges offender with the section 29 offence
When must victim of section 29 offence be advised of the right to be on victim notification register
At the time of offenders arrest (if practicable)
When a victim is identified their victim impact statement must be taken when due in court
False
Victims rights act 2002 section 29 are defined as
Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victims me having fears for their safety or the safety of their family
How can Police ascertain if a victim of a section 29 offence has been registered in victim notification register
Query the notifications database on national bulletin board
Victim gives their consent the victim impact statement1) Can be given to defence2) Can only be distributed by prosecutors3) Not to be retained by offender
All true
The definition of a victim may include members of family or parents of a person charged with convicted of or has pleaded guilty to an offence
False
If called to a sudden death of a person police must treat family with respect and provide information about access to support services
True
A victim of any offence may make a complaint if they are not treated according to the principles of the victim rights act 2002
True
A victim impact statement can be disclosed in disclosure packs
False
When a victim is obviously distressed police must provide support and/or refer onto agency that can provide support
True
A victim impact statement may contain victims comments about offender or prior knowledge or there opinion about possible sentencing
False
OC case is responsible for ensuring victim impact statement is held in the case file ready to be produced at sentencing
True
OC obligations when victim doesn’t want to go in victim notification register
Give POL1065Update POL1060Seek views on bail
Being on VNR means victim will be notified
By the agency where the offender is being held of any information concerning changes to offenders bail, release, parole, escape, death
Must gain approval from victim for disclose and distribution of their statement
True
OC responsibilities 15 year old witness giving evidence against dad
Report outlining giving evidence in alternative way - trueConvince them give evidence - falseConvince important of this evidence - true
You should obtain a written statement for a witness of doubtful reliability as their statement will more than likely be inadmissible
False
Special consideration refuses interview can you informally speak with them to clarify information
True
When there are multiple witness to serious incident the investigator should
Separate witnesses, conduct brief initial interview with each and gather witness details
If a witness becomes a suspect during interview then the interviewer should
Caution, shift procedures for interviewing suspects and ensure interview is visually recorded
A witness who is reluctant to give information that will incriminate a friend should be advised of the possible consequences for withholding information
False
A compliant witness is one who always provides good information to assist an investigation
False
Care must be taken in police interaction with a witness because
A witnesses needs and individual circumstances must be taken into account
Witness refuses to speak, you should make a notebook and record why they refused
True
A special consideration witness may be described as vulnerable, this means
Susceptible, defenceless and in a weak position
Need interpreter1) Discuss aim and objectives with them2) Visual record3) Allow unsupervised with witness4) Avoid someone who knows witness5) Use interview notes to do written statement
1) True2) True3) False4) True5) True
In engage and explain when with witness who is fearful of consequences for making a statement you should
Consider there concerns, assess the reason bs, discuss with your supervisor if a visually recorded interview required
A special consideration witness is one who
Is affected by the nature of the offence or has personal circumstances affecting their ability to communicate easily
When planning an interview with a special consideration witness the investigator should
Consult supervisor to make decisions about the interview
Should intoxicated persons be treated as a special consideration
Yes because there ability to give accurate information is affected
Should an investigator regard a child or youth as a special consideration
Yes because their age and maturity level may mean they are vulnerable in an interview situation
The role of a support person for special consideration witness is to
Ensure their wellbeing and support there understanding of what is happening
Any police can execute an arrest warrant providing they confirm warrantFamily violence arrest directed by policyShould not arrest if can’t justify necessary for justice or reasons of safetyYou must arrest of offence committed and Enright evidence
TrueTrueTrueFalse
What public interest factors apply1) Extent victims effected2) Review of defendants professional status3) Position of trust in the circumstances4) Reparation requires prosecution support
All true
Property taken from person who is arrested or lawfully detained
Maybe retained by custody officer
When admissible evidence is sufficient to provide prospect of conviction Police must
Apply the public interest test to determine if a prosecution is required
1) You may not not detain under certain enactments2) Everyone has right not to be arbitrarily arrested3) AD occurs when arrest is reasonable in particular case4) Arrest is form of AD5) Detained persons need not be cautioned
1) True2) True3) False4) False5) False
When should suspect have first received caution rights
When the suspect stated to you that the dairy owners fault that the window got broken
When would evidence not be allowed. Example
No because offender is custody and questions must not amount to cross examination
When deciding whether to commence prosecution, which test must you apply
The evidential testThe public interest test
Offender released without charge. Further investigation may lead to charge by way of summons
True
AD1) Case against person dismissed2) Arresting officer liable3) Statement inadmissible in court4) Officer face code of conduct enquirer
1) True2) True3) True4) False
Extensive youth history and reoffends as 18 year old. What public interest factors
Likelihood of offence being repeated
A good charging decision is made when the charges adequately reflect the nature and extent of the criminal conduct and….
The court is provided with appropriate basis for sentencing
Factors when deciding to arrest1) Suspect warn accomplices2) If there is a need to safeguard offender safety3) Commit further offences4) Offender Liberty means safety of others
All true
When arresting youth what section overrides any other when making arrest
Section 214
Can you misrepresent the truth
No because the admission was one rained by misrepresenting the truth to suspect
Applying evidential you must consider if there is sufficient admissible evidence to
Provide reasonable prospect of conviction
For a serious crime investigation there are two team, what are they?
The investigation team and the support team.
What does the investigation team do?
Physically make enquiries to solve the case.
What are the phases and investigation is divided into for the investigation team?
Area Canvas, General Enquiries, Passive Data Generators, and Suspects and person of interest.
What does the support team do?
Provides support resources for the investigation team, to help organise and process the information gathered.
What are the two key tasks of an investigator?
- Gathering and preserving evidence, and2. Documentation.
Investigators have to have good decision making. Appropriate and accountable decision making is based on an investigators knowledge of what?
- The legal framework- Characteristics of crime- National policies and procedures
Good decisions are based on a 7 step sequence, what is step 1?
Acknowledge there is a situation or problem that exists in which it is necessary to make a decision. Ask:- What is the problem here or what will be the problem soon?
Good decisions are based on a 7 step sequence, what is step 2?
Identify, isolate, and analyse the problem clearly. Ask:- What do I think the problem is?- Can I state it clearly to define it to others?- What do I already know about it?
Good decisions are based on a 7 step sequence, what is step 3?
Formulate a clear objective. Ask:- What are we aiming to achieve?
Good decisions are based on a 7 step sequence, what is step 4?
Gather all the data and information required to determine the ways in which the aim might be achieved.
Good decisions are based on a 7 step sequence, what is step 5?
Draw up a list, based on the information, of all the possible ways in which the aim might be achieved.
Good decisions are based on a 7 step sequence, what is step 6?
Weigh and study each of the alternatives individually. Ask:- What are the possible results or consequences of each alternative?- What is the most appropriate means for reaching the objective?- What are the best alternatives?
Good decisions are based on a 7 step sequence, what is step 7?
Prepare a plan for putting the selected course into action.
There are some factors an investigator needs to take into account which can affect their decision making, what are these factors?
- Individual Bias- Verification Bias- Availability Bias
What is Individual bias?
When an individual is unconsciously affected by their perceptions of people, places, or situations. When an individual fails to recognise the effect of their perceptions on their thinking and decision making, e.g. prejudice, diversity, criminal record.
What is Verification bias?
Verification bias occurs when thinking is channelled towards focusing on decision that support a certain point of view, thereby overlooking other alternative lines of enquiry or sources of material, e.g. a witness account that wrongfully identifies an offender.
What is Availability bias?
Availability errors occur when a person bases their decision making on material that is vivid and dramatic, emotionally charged, but it may not reflect the scope of the material available on which to make a correct decision, e.g. focusing on a victim’s account and overlooking the collection of forensic evidence.
The Appreciation technique is a cognitive tool for an investigator to take a disciplined approach to decision making. There are 4 steps to make an appreciation, what is step 1?
The Aim.The aim or objective is a short statement of intent beginning with a verb. It should express your aim/objective clearly, concisely and in definite terms. It should be brief, to the point and there must be only one aim/objective, e.g. “To safely execute a search warrant at 123 Fake street” or “Solve the serious assault at 45 Fake Street” etc.
What is step 2 of the appreciation technique?
Factors.A factor is a statement of truth about some known influence or circumstance.Identify and consider the factors that will affect your aim or objective.Examine all the information you have regarding the situation or problem. This step in the process is a risk assessment.Identify what must be done to reduce risk and identify the resources you will require.
What are some of the possible factors you should consider?
Factors that often need to be considered in an investigation are:- the time available- possible suspects- available witnesses- material located to date- policy and procedure required- know history of the parties- records that can be tapped- the weather at the time
What should you do when you have listed all your factors?
With each factor ask yourself “So what?” i.e. what are the implications of that fact? Asking “So what?” repeatedly helps to extract all important information implied by a fact.Keep asking that question until all possible inferences are drawn.
What is step 3 of the appreciation technique?
Courses open.Courses open are the options you can identify after having assessed the factors and the deductions made from those factors.There may be many courses open in any given situation, and each course must be carefully examined and evaluated.Having examined and evaluated all the available options, each course of action must be critically examined before deciding on the most appropriate course to take to achieve the “Aim”.
What is step 4 of the appreciation technique?
Plan.Select the most appropriate courses for attention and plan the action you can take.Review your plan by assessing:- Is it more then likely to be effective?- Is is proportionate? (Effort, time, resource)- Is it achievable?- Will it pass the SELF test?
There are two written forms of an appreciation, what are they?
- Full appreciation- Short appreciation
What is a full appreciation?
A full appreciation is most often for high-level or difficult tactical or administrative problems.
What is a short appreciation?
A short appreciation is used for urgent or pressing problems requiring immediate action.The short appreciation is also helpful for non-urgent problems that are not complicated or complex.
Why should you complete a written appreciation?
A written appreciation provides a record of decision making and shows why a certain course of action was taken. A written appreciation should be completed when:- There are several points to be considered and there is a danger of points being overlooked if they are not written down.- A clear picture of the situation is desired to present a logical argument that will carry conviction to a higher authority.
When carrying out a short appreciation what should you write down?
In the short note form, a written appreciation need only contain sufficient detail to ensure all relevant deductions may be made from it. Therefore, the amount that is written is the result of balancing the need for brevity with the requirement to include all the data pertinent to the problem, i.e. write down key words and details to show all possible deductions have been made.
An investigative mindset means you take a disciplined approach to gathering, recording, retaining and presenting evidence. Critical to an investigative mindset is your ability to exercise what?
- Critical thinking- Decision making- The appreciation technique- EvaluationUse an investigative mindset throughout all stages of an investigation.
The investigative mindset is an attitude or state of mind that investigators adopt and develop over time. What are some of the core values that an investigative mindset should have?
Respect, integrity, and professionalism are inherent in the investigative mindset.
To develop an investigators mindset, you must have both theoretical and experiential knowledge. You understand that investigation is a process underpinned by four key areas of knowledge, understanding and skills. What are the four areas?
- Core legislation- The characteristics of crime (nature of crime and criminal behaviour)- National policies and procedures- Investigative techniques.
There are two methods of criminal investigation: reactive and proactive. Their main difference is how they start with ether the discover of a crime or intelligence indicating that an individual or group is engaged in criminal activity. The stages of a criminal investigation are consistent over the two methods. What are the steps?
- Instigation- Initial investigation- Investigation evaluation. Which will lead to no further investigation, further investigation, or:- Suspect management- Evidential evaluation. Which will lead to no charge, further investigation, or:- Charge- File preperation- Court
When carrying out a criminal investigation we talk about gathering material. What is material and what are some examples?
Material is a substance of any kind, including information, objects, sounds and images obtained in the course of a criminal investigation that has some bearing on any offence under investigation or any person being investigated, or on the surrounding circumstances.Material may or may not become evidence.
There are a number of potential sources from which material is gathered, what are some of the sources?
- Victims- Witnesses- Suspects- Locations, including scenes of crime and the victim’s or suspect’s premises- CCTV recordings, telephone records, banking and credit card records, intelligence databases.
In practice the most common forms of material are what?
- Statements- Documents- Reports- Physical exhibits such as weapons, clothing, stolen goods and biological or chemical material- Fingerprints- Images- Audio or video recordings.
When gathering material from an investigation the aim is to gather as much admissible evidence as possible but not all material gathered will be in some cases. What three categories does gather material get put into?
- Information- Intelligence- Evidential
When considering admissibility of evidence with regards to Part 2 of the Evidence Act 2006, what types of evidence does this cover?
- Hearsay- Statements of opinion- Expert evidence- Improperly obtained material
When gathering material why is important to gather all types of material even when it might not be admissible as evidence?
Material that is not admissible evidence may be highly valuable to assist the investigation. Such material may assist with the investigation activities or for generating lines of enquiry that may produce other relevant, reliable and admissible material and should always be gathered.
It is essential that material that can be gathered is obtained as early as possible, and that clear objectives are set for retrieving the material from the source in the best way possible. Why is this?
To maximise its quality and to avoid contamination.
What are the sources of material you should consider when starting a routine inquiry?
- Re-interview the witness/complainant- Information sources - NIA, Intel office- Local and government agencies- Private businesses- Scene examination.
With complex, prolonged or difficult cases you must produce a written plan with clear objectives for collecting and preserving any additional material as the investigation proceeds. Your planning and preparation should identify what?
- Collection of material will be maximised- Legal, policy and procedure requirements are addressed- Specialist technical equipment or expertise is used- Most appropriate location to conduct the collection is prepared, e.g. interviewing suite, search warrant, Intel office.
Each source of material must be closely scrutinised. Therefore, as part of the collection process you must ensure what?
- Immediate action is taken in relation to the quality and preservation of material- Its reliability is tested at the earliest oportunity- Relevant records are made- The material is appropriately stored.
Material examination is usually divided into three areas, what are the three areas?
- Interpret- Clarify- ChallengeThe extent to which any area is relevant to a particular examination is determined by the material source and its characteristics.
With reference to material examination, what does interpret mean?
When material is examined an investigator interprets and draws inferences or logical conclusions about its potential use in the investigation. The more material gathered about a crime, the easier it is to draw inferences about the contribution a source can make to the investigation.
With reference to material examination, what does clarify mean?
Clarification involves identifying, explaining and understanding any inconsistencies or ambiguities the material contains. This may involve testing it against other material gathered or identifying actions to acquire further material to clarify it.
With reference to material examination, what does challenge mean?
Sources of material at first appearing to be reliable can be wrong, and material appearing to indicate one thing can later be found to support a totally different interpretation.Therefore, you must continually challenge both the meaning and the reliability of any material gathered. Treat all material as possibly being wrong or to regard it as potentially misleading.
When challenging material what does the acronym ABC mean?
A - Assume nothingB - Believe nothingC - Corroborate everything
Following the examination of a source of material, decisions must be made about what?
- Examination records needed- Storage required- Security- Access- Conditions to be addressed for disclosure.
Evaluation should identify any immediate actions that need to be taken in relation to the source or the material that was gathered from it. These include what?
- Actions to test the reliability of the source or the material gathered from it, or,- Any fast track actions that may be needed to secure other material.
Applying the investigative mindset to the collection of material ensures what?
- The maximum amount of material is gathered- Its reliability is tested at the earliest opportunity- Immediate action is taken in relation to it- Relevant records are made- The material is appropriately stored- Logical deductions are made.
What are the three types of formal evaluation in an investigative mindset?
- Investigative evaluation- Evidential evaluation- Self and peer evaluation
Investigative evaluation is undertake to determine what?
- What is known- What is not known- Consistencies- Conflicts
Evidential evaluation considers what?
- The overall strength of the case- Whether sufficient evidence exists against the offender to proceed to charge.
Self/Peer evaluation is done to address what?
- Review of assumptions and decision making- Records organisation and management- Information communication and dissemination- Lessons learnt
Visual identification evidence means evidence that is what?
- An assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near the place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done, or,- An account (whether oral or in writing) of an assertion of the kind described above.
What are the formal visual identification procedures?
- ID parade- Photo line-ups
What are the seven requirements for formal visual identification procedure?
- It occurs as soon as practicable after the offence is reported.- The suspect is compared to no fewer than seven others, who are similar in appearance to the person to be identified.- No indication is made to the person making the identification about who among the people in the procedure is the suspect.- The person making the identification is informed that the suspect may or may not be among the people in the procedure.- A written record of the procedure followed is sworn to be true and completed by the officer who conducted the procedure, and is provided in court to the judge and defendant.- A pictorial record of what the person making the identification looked at is prepared and certified to be true and completed by the officer who conducted the procedure, and is provided in court to the judge and defendant.- The procedure complies with any relevant regulations.
What are the six good reasons for not following a formal visual identification procedure?
- The suspect refuses to take part in a formal procedure and Police do not already hold a photograph or video that shows a true likeness of the suspect.- The suspect has a singular appearance (it cannot be disguised to make it similar to those the suspect would be compared to).- The suspect has substantially changed their appearance after the offence occurred and before it was practical to hold a formal procedure.- No officer involved in the investigation or the prosecution of the offence could have reasonably anticipated identification would be an issue at the trial.- An identification of the suspect was made to an officer soon after the offence was reported and in the course of the initial investigation.- An identification of the suspect was made to an officer after a chance meeting between the person who made the identification and the suspect.
What should you do if you wish to carry out a photo line up but do not have a photograph of the suspect?
Request that the suspect allow you to take their photograph.
What should you do if a suspect refused to have their photograph taken for formal identification, and there are no current photographs?
Document the refusal and make a note on the file for the reason as to why no formal identification procedure was followed.
Before conducting an identification parade you must select other participants, what are four rules to follow when selecting them?
- There must be at least seven other participants- They must be of the same race as the suspect- They must be of similar age, height, general appearance and social grouping as the suspect- They must not be a police employee
When conducting an an identification parade you must advise the suspect of what?
- They are entitled to refuse to take part in the parade- They are entitled to have a solicitor present- The parade will, where practicable, be photographed
When conducting an an identification parade the witness must not be what?
- Allowed to see the suspect before they are placed in the parade- Influenced by any opinion, or written or verbal description, from police- Asked any leading questions that would draw their attention to any distinctive physical characteristic of the suspect.
What should you do if the witness does not feel able to face the participants directly?
Use a one-way glass viewing facility where available
When conducting an an identification parade ask the participants to stand about one meter apart, what else can you ask them to do to assist the witness?
- Wear or remove their hats- Speak- Walk individually
You must ensure that a pictorial record is taken of the parade and that the venue has good light, what should you tell the participants about this?
Tell them the reason as to why the photograph is being taken and assure them that the negatives and prints will be adequately secured and destroyed when no longer required.
When conducting an an identification parade what must you ask the suspect?
- If they object to any of the participants or the way they are arranged- Invite them to stand where they wish and change position after each witness has viewed the parade.
When conducting an an identification parade there are five things you must do with the witness, what are they?
- Tell them the person they are about to identify may or may not be in the parade- Told not to hurry, to take their time- Accompanied along the parade by the O/C parade- Brought in one by one and asked to stand in front of, and point to, the person they identify- Prevent from communicating with waiting witnesses when they leave
In some cases a witness will not make a positive identification or will pick someone other than the suspect, what should you do if this happens?
Ensure that the indication is recorded.
The O/C parade has three steps to complete once the ID parade is done, what is step 1?
Make a written record detailing the procedure used, the time date and place, and the name of the witness.This must be completed using the Sworn Record of Formal Identification form. It must be sworn in front of a court registrar or solicitor and placed on the prosecution file.
The O/C parade has three steps to complete once the ID parade is done, what is step 2?
Recored the details of the witness and the participants (i.e. names, ages, address etc.) on the file or in your notebook.
The O/C parade has three steps to complete once the ID parade is done, what is step 3?
Put a certified pictorial record of what the witness looked at on the file.
Who else will the certified pictorial record be given to?
The judge, and the defence, but not the jury.
With regards to formal ID parades, if the defendant or a person acting on their behalf so requests, the prosecutor must supply them with what?
- The name and address of each identification witness whether or not that witness will be called- Each witness’s written description of the offender- A copy of any identikit picture or other drawing made by any such witness.
If the witness could be in danger if their name and address is given to the defendant what can be done to protect them?
The judge may make an order excusing the prosecutor from supplying the name and address of an identification witness if they are satisfied that the order is necessary to protect the witness or any other person.
When conducting a photo line-up for formal ID what are three possible issues that could effect the quality of the line-up?
- The desired objective by the witness when viewing a line up is compromised- There are two or more offenders or suspects- Failure to use an adequate description when saving a line up.
The 2 key tasks of any investigation are
Gathering and preserving evidenceDocumentation
Appropriate and accountable decision making is based on knowledge of
The legal frameworkCharacteristics of crimeNational policies and proceedures
The 7 parts of making a good decision
Acknowledge a problem existsIdentify, isolate and analyze the problemFormulate an objectiveGather all info to determine how the aim can be achievedDraw up a list of all ways it can be achievedWeigh and study each alternative Prepare plan for putting it in to action
What is individual bias
Decision making that is unconsciously effected. Personal perceptions of people, places, situations etc.
What is verification bias
Focussed on making decisions that support only a certain point of view and overlooking alternative lines of enquiry
Steps in the appreciation technique
Develop and aim or objectiveFactors to consider Courses openDevelop a plan
What 4 things are critical to an investigative mindset
Critical thinkingDecision makingAppreciation technique Evaluation
What is ‘material’
Substance of any kind including information and objects, sounds and images, obtained through investigation that has some bearing on any offence or any person being investigated or on the circumstances of the case
Potential sources of material (8)
VictimsWitnessesSuspectsLocationsCCTVPhonesBanksIntelligence databases
Most common formats of material
StatementsDocumentsReportsPhysical exhibitsFingerprintsImagesAudio and video recordings
Material is generated by an offence. It is dependent on the use to which it is put. Material becomes one of 3 things to an investigator, name them
InformationIntelligence Evidence
A hearsay statement is admissible if:
The circumstances relating to the statement provide reasonable assurance the statement was reliableThe maker of the statement is unavailable The judge considers that undue expense or delay would be caused for the maker
What is ABC
Assume nothingBelieve nothing Corroborate everything
Investigation evaluation is:
What is/isn’t knownConflicts All available information
Material is split up into 3 parts RRA
RelevanceReliability Admissibility
Visual identification evidence
An assertion by a person on what that person saw to the effect that the defendant was present or near , either direct or circumstantially, a commission of an offence that was done at or about the time the act was done
When is/isn’t visual identification evidence admissible/inadmissible
Followed the formal procedure or a good reason for not followingNo good reason for not following the proceedure
7 requirements for formal proceedures
AsapNo fewer than 7 othersNo indication of the suspectMay or may not be among themWritten record to be sworn to be truePictorial record to be sworn and provided to courtComplies with relevant regulations
6 good reasons for not following a formal identification procedure
Suspect refuses and police dont hold a current photoSuspect has a singular/unique appearance that can’t be disguisedSubstantially changed their appearance No officer involved could have reasonably anticipated id would be an issueAn Id was made soon after the offenceId of suspect was made by a chance meeting
Is a suspect required to attend a formal id parade and why?
No. No person charged with an offence can be compelled to attend. They are entitled to have their lawyer present. You can ask for a current photo but they can refuse
Initial Action
VictimsAppreciationWitnessesSceneExhibitsIngredientsPowersOffenders
Appreciation
A proven method of problem solving. It identifies a question arising from a problem, issue or situation.Can be full, short or written
How to do an appreciation
- Aim - statement of intent 2. Factors - a statement of truth about known influence 3. Courses open - possible ways aim could be achieved 4. Plan - select most appropriate
Preserving scene
- Identify - common approach path, powers, “scene”, SITREP2. Secure3. Preserve4. Consider 5. Record
Search and Surveillance 116
Securing a place, vehicle or other thing to be searched. Can in a reasonable manner and duration- secure thing, area or items in or on Can exclude persons if will obstruct or hinder
POL 265
Deceased person certificate
POL 265A
Formal identification form
Initial response to body
- Record and consider marking position2. Record details3. Health risks4. Paper bags on head, feet and hands. Loose tape to secure. Plastic if wet.6. Wrap body in plastic sheet7. Search under body site8. Exhibits
File management/disclosure 10,000 series docs
Those where there is no justification to withhold from disclosure under 16, 17 or 18 - FWS, job sheets, transcripts
File management/ disclosure 50,000 series docs
Those which may be fully or partially withheld pursuant to 16, 17 or 18 - emails, SW app, CHIS
Good charging decision
Adequately reflect nature and extent of criminal conduct and provide court appropriate basis for sentence.
Attorney general needs to consent what charges
SOA 20 - false claim of qualificationSOA 20A - unauthorised disclosure of infoFEN 11 - NZ flag offencesFVP 123-129 - restricted and objectionable publications CA 100-105 - bribery and corruption
Solicitor General Guideline
All probable offences punishable by 7 yrs + should be included in charge.
Good investigative decision
Acknowledge problem AnalyseObjectiveGather data/infoAlternativesPlan
Individual bias
Decisions unconsciously affected by personal perceptions
Verification bias
No considering alternatives as set on a vertical channel
Availability errors
Focussing on what have and ignoring other evidence
Investigative mindset
A disciplined approach to gathering, recording, retaining and presenting evidence
Hearsay
Admissible if the circumstances relating to the statement provide reasonable assurances that the statement is reliable and the statement maker is unavailable as a witness or judge seems undue expense or delay
Statements of opinion
Admissible if opinion is necessary to enable the witness to communicate or the fact finder to understand the witness
Expert evidence
Admissible if the face finder is likely to obtain substantial help from the opinion in understanding other evidence
Improperly obtained evidence
Balance of probabilities that improperly obtained if any BOR breach, unfairly, inadmissible statement
V.R.A 7
Treat with courtesy, compassion and respect
V.R.A 8
Access to services such as welfare, health, counselling, medical and legal
V.A.R 9
Restorative justice meetings to resolve
V.R.A 11
Info about programmes and services
V.R.A 12
Info about proceedings
V.R.A 13
Limits on duties to give info under 11 and 12
V.R.A 14
Info that may be given to a support person
V.R.A 15
Rights under privacy act
V.R.A 16
Restrictions on disclosing contact details
V.R.A 17
About VIS. Defined, purpose and information to be ascertained
V.R.A 18
Procedure before ascertaining VIS info. Must be true and recorded
V.R.A 20
Statement from another disadvantaged
V.R.A 21-26
In relation to VIS:21. For sentence indication22. May be read in court 23. Offender not given to keep24. Return at end except victim, court staff, police, probation or prosecutor25. Can withhold part to protect26. Anything withheld not taken in to account
Victim
- offence against- physical or loss or damage from offence - parent or legal guardian of CYP - immediate family of deceased or is incapable due to offence
Child vs young person
Child - Under 14 but 18 if giving evidenceYP- over 14 but under 17 (unless married/civil union)
VHS
Calculated score based on factors and measures such as seriousness of offences, number of, offender recidivism and repeat crime types. This creates lights of graduated response model
VNR
Process set up by agencies to notify victims of specified serious offences who wish to be notified of bail, release and death of defendant or offender 29 offences - sexual or other serious, serious injury, death or incapable, one of another resulting in ongoing fear for theirs or immediate family
VNR and VIS and alternate evidence numbers
POL 1065 POL 392POL 2020
If witness becomes suspect during interview
Adopt procedures for interviewing suspects including cautioning and visually recording
P.E.A.C.E interview phases
Planning and prepEngage and explain Account Closure Evaluation
Interview special considerations
Children and elderlyIntoxicatedTraumatised victimsIntellectual disabilities FV/sexual assault victims Communication difficulties
ADVOKATES
Amount of timeDistance Visibility Obstruction Known Any reason to remember (distinguishing)Time lapseError or material discrepancySalience
Support person for witness
Under 6 of evidence regulations, can be present at interview if in interest of witness and appropriate person. Always consider if ‘special’ witness 18+Not suspect or witness Won’t pervertAvailable reasonable time
Ten II principles
- Interview heart of investigation 2. Aim to discover truth3. Complete, accurate and reliable info 4. Open mind5. Fair6. Questioning can be persistent 7. Special considerations for some 8. Interview in accordance with law9. Care to identify ‘special’ 10. Sensitive to culture and religion
Memory process
Encoding > storage > retrieval
For any investigation you should aim to collect
the maximum amount of material and examine for its use
When thinking about written appreciation which two of the following choices best describe the difference between a full and a short appreciation?
a full appreciation is done for difficult or complex problems, a short appreciation is done for urgent or less complicated problems- a full appreciation is a lengthy plan, a short appreciation is more likely to be a brief list of bulleted points on a notebook page.
What are the sequential steps of the appreciation technique?
aim, factors, courses open, plan
In the appreciation technique, what is a factor?
- a statement of truth about a known influence or circumstance
An appreciation is the mental process, the written plan
records decision making and shows why a certain course of action was decided
What is meant by an investigator’s working rules?
the knowledge and skills learnt from investigator experience
What best describe an investigative mindset?
a principled approach to the way investigators examine material and make appropriate and reasonable decision.
describe hypotheses and why you might use it ?
hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry.
Match the purpose of the police form to its code1: the police form that records the police opposition to a defendant’s bail and the victim’s view on their safety2: the police that records the victims request to be notified about the bail, release, escape or absence of the offender3: that records the effect of the crime on the victim and others who have been disadvantaged by the offence4: that provides a record of police contact with the victim and the actions completed5: that records the police referral of the victim to the court victim advisorPol 1060 Pol 392 CSV1 Pol 128 Pol 1065
1: Pol 128 - the police form that records the police opposition to a defendant’s bail and the victim’s view on their safety2: Pol 1065 - the police that records the victims request to be notified about the bail, release, escape or absence of the offender3: Pol 392 - that records the effect of the crime on the victim and others who have been disadvantaged by the offence4: Pol 1060 - that provides a record of police contact with the victim and the actions completed5: CSV1 - that records the police referral of the victim to the court victim advisor
When and why is a CSV1 required?
when there is a victim and the matter will proceed to district court or above because the victim is entitled to specific services at the court
What are the two teams in a serious crime investigation?
- Investigation 2. Support (also known as the Operation Headquarters Team)
What are the factors that affect decision making? (there are 3)
- Individual bias - Verification bias - Availability errors
Describe Individual bias (It is a factor affecting decision making)
Decision making unconsciously affected by an individual’s perceptions of people, places and situations e.g. perceptions based on prejudice, diversity, criminal record
Describe Verification bias (It is a factor affecting decision making)
When thinking is channelled towards focusing on making decisions that support a certain point of view, thereby overlooking other alternative lines of enquiry or sources of materiale.g. a witness account that wrongfully ID’s an offender.
Describe Availability error(It is a factor affecting decision making)
Availability error occurs when a person bases their decisions on material that is vivid and dramatic, emotionally charged, but it may not necessarily reflect the scope of material on which to make a correct decision e.g. focusing on a victim’s account and over looking the collection of forensic evidence
What are the four steps to the appreciation technique?
- Aim or objective 2. Factors 3. Courses Open 4. Plan
Appreciation technique: Describe Step 1: Aim or objective
A short statement of intent beginning with a verb. (Read page 11)
Appreciation technique: Describe Step 2: Factors
A factor is a statement of truth about some known influence or circumstance. (Read page 11)
Appreciation technique: Describe Step 3: Courses open
Courses open ate the options you can identify after having assessed the factors and the deductions made from the factors. (Read page 12)
Appreciation technique: Describe Step 4: Plan
Select the most appropriate courses for attention and plan the action you can take. (Read page 12)
Two forms of written appreciation:
Full appreciation Short appreciation
What are the 4 key areas of knowledge, understanding and skills that underpin a good investigation?
- Core legislation - The characteristics of crime - National policies and procedures - Investigative techniques
What is a reactive criminal investigation?
Starts with the discovery of a crime
What is a proactive criminal investigation?
Starts with information or intelligence analysis indicating that an individual or a group of individuals is engaged in criminal activity
Draw the diagram showing the stages of criminal investigations
Found page 15
Does material always become evidence?
No
Material attrition
total material gathered by an offence > the material gathered by police > material that is admissible as evidence
What are the steps to applying the investigative mindset?There are 5 principles.
Principle 1: Understand the source of the material Principle 2: plan and prepare Principle 3: Examine all material Principle 4: Record and collate Principle 5: Evaluate
Define hypotheses
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
When would a full appreciation be used?
High level or difficult tactical or administrative problems
When would a short appreciation be used
Urgent or pressing matters requiring immediate attention
What is ‘material’?
substance of any kind, including information, sounds, images obtained in the course of a criminal investigation that has some bearing on any offence
True or falseMaterial may or may not become evidence
True
True or false Material gathered during a course of an investigation always becomes evidence
false
What does the investigation team do?Give examples
Physically make enquiries to solve the case Examples: Area Canvass, General Enquiries, Passive Data Generators, suspects and persons of interest
What does the support team do?
Provides support resources for the investigation team Help it organise and process the information gathered
Practical steps to minimise the need to replace staff must be made early in every operation. If you have leave, court, or other commitments pending, who should you advise?
The 2IC
What are the two key tasks of any investigation?
- Gathering and preserving information 2. Documentation
What four things are critical to an investigative mindset?
- Critical thinking - decision making - the appreciation technique - Evaluation
What are three uses material can have
information, intelligence, evidence
What do investigators base appropriate and accountable decision making on?
Appropriate and accountable decision making is based on investigators knowledge of:• The legal framework• Characteristics of crime• National policies and procedures
