Arrest/termination and Interview Flashcards
Before the arrest/termination what must the OC Suspects ensure?
They must consult with the OCI regarding the strategy to ensure:
- an investigator is appointed to each suspect
- decision to prosecute, choice of charges and prosecution process comply with S-G’s Prosecution Guidelines
- clarity on the position on Police bail
- authority to engage the Crown Sol
- family of deceased updated
- prompt prep of the prosecution file
- compliance by the Disclosure Manager
What should the OC Suspects do prior to interview of the suspect?
- liaise with the OCI re selection of the interviewer (lv 2 or 3)
- liaise with OCI re interview recording method ie DVD?
- est status of person as suspect, witness or POI - determines if rights given
- does person require special consideration? Linguistic, cultural, medical issues.
- consult interview experts, legal advisor if required
- ensure interviewer fully briefed
- ensure interviewer familiar with procedures in Invest. Interviewing Suspects Guide
- discuss with interviewer the ingredients to be established, suspect’s background, poss alibis and motives.
- ensure detailed interview plan has been done.
What must the OC Suspects do during the interview?
- ensure it is being conducted in accordance with the Invest. Interviewing suspect guide
- the interview is monitored by a supervisor or experienced detective
- ensure an explanation is sought re exhibits found
What should the OC Suspects do after arrest is made?
- ensure suspects are isolated from each other
- ensure their rights are given re BOR Act
- for juvies comply with CYPs Act
- consider searching the person, their vehicle, home and work. Ensure legal authority to search
What should be done when executing a search warrant?
- establish a search strategy, consider forensics
- ensure a current legal authority exists to do the search
- arrange SOCO and photographer
- ensure OC Exhibits attends
- if practical have the suspect present for the search
- search the property and vehicles
- assess items found and establish their relevance
- 4H evidence in situ
- if necessary FP exhibits before seizure
- exhibits only to be seized under lawful authority
- seek explanations from the suspect for items found, record answers, get their signature
- issue a receipt
- ensure exhibits sealed before leaving
- ensure the OC Exhibits labels, examines and records all exhibits on scene exhibit schedule
How is cross contamination managed?
Where more than one suspect involved do an appreciation of which staff are assigned to seize clothing from each suspect. Ensure these staff are fully aware of cross contamination issues. Where possible use separate staff for each suspect.
Keep suspects apart including using different cars and cells.
Clothing must be packaged labelled and sealed in accordance with normal procedures before handing to the OC Exhibits.
When a doctor is assigned to examine the suspect what what they do?
- note injuries, scratches and bruises
- take samples as directed - use an MEK, blood, saliva, head hair, pubic and/or body hair, fingernail scrapings, swabs of hands and other relevant areas.
- swab for GSR (up to 3 hrs after the event)
- provide a professional opinion re condition of the suspect.
- record any explanations or comments made by the suspect
Medical exam by force.
When the suspect refuses to allow a search under S.88 of SS Act 2012 for evidential material that is reasonably believed to be on the o/s of their body, reasonable force may be used to conduct the search.
Obtaining identifying details from the suspect.
to confirm ID of the suspect obtain :
- FP, foot prints, palm prints, DNA
- photos - face and profile, full body length and profile, injuries, distinctive features like tats or scars
- handwriting samples
- record physical description of suspect
- record details for Offender Report
What documentation is completed when a suspect is arrested for a homicide or similar serious crime?
- NIA entry
- Msg to Dep Comm Operations via Serious Incident Report
- Cancel alerts
What psychiatric evidence processes may need to be completed?
- OC Suspects should liaise with OCI as t whether a psychiatric examination is required. Only required if mental health is an issue.
- The OC suspects should ensure evidence is obtained of the suspects mental health at the time of the crime and whether they are fit to plead.
- Police need to establish whether the suspect understood the nature and quality of their actions and whether they realised their actions were morally wrong.
- when a Court order is made remanding the suspect for psychiatric assessment the OCI may direct the OC Suspects to complete a report to the Court Registrar or to Superintendent of psychiatric hospital or prison describing - circumstances of arrest, summary of offence, previous criminal history, previous mental history, symptoms and duration of current mental illness if applicable.
What is required when an alibi witness is put forwards?
- OC Suspects makes inquiries to determine veracity of this alibi and report to the Crown
- A QHA and active charge printout for each alibi is sent to the Crown
- alibis must not be interviewed unless requested by the Crown.
What must the OC Suspects do when investigating alibis?
- Make inquiries of people other than the alibi to confirm or rebut their evidence
- complete inquiries to find out where the suspect was at the time of the offence, who they were with and what they were doing.
- wherever possible corroborate the alibi with forensic or other sources independent of the suspect.
