Black Mail - Investigation Flashcards
Conduct of Investigation - Phases
- Initial report phase
- Mobilisation phase
- Consolidation phase
- Investigation and operational phase, including:
- investigation and identification of offender and threats
- negotiation
- payment
- intervention/arrest - Reactive phase (may include prosecution).
- Initial report phase
- Immediately summon the Control Room Supervisor without risking loss of contact with the informant. Then discretely establish whether the informant can speak freely and whether they are in real and immediate danger.
- Reassure complainant. Agree a simple
codeword that can be readily understood and not confused with other Police activity. - Establish timeline of events, details of any deadlines, location where received, how offender is making contact (e.g. phone, email etc), the contact person’s name, address, telephone number, status within the organisation and current location. gender of the caller and their possible age. Note any peculiarities such as accents or unusual types of words, and any background noises.
- Inform the complainant that the matter will be dealt with as a priority, and covertly give informant, a dedicated telephone number for future direct contact
with Police and advise they will be contacted shortly. - Instruct the complainant to make efforts to trace offenders contact details and record all relevant events.
- Mobilisation phase
The O/C Investigation must:
• Develop strategy for investigation in line with the primary objectives
• Acquire, deploy and manage resources to implement the strategy
• Review the strategy in light of developing circumstances.
Consider the who, what, why, when, where and hows and resources required (eg PNT, Surveillance, TSU)
- Consolidation phase
The O/C Investigation should supervise the following:
• Ensure that correct initial response has been carried out
• Develop an investigation strategy and prioritise tasks
• Develop a media and contact strategy
• Develop a negotiation strategy
• Develop an arrest strategy
• Nominate and brief staff
• Emphasise confidentiality.
The O/C Investigation should assume that the offender is:
• aware of Police methods
• conducting some form of surveillance/counter-surveillance
• in the case of company victim or product contamination, connected in some way with the victim organisation.
- Investigation and operational phase
Primary aim of the investigation to preserve human life and public safety
Investigation:
- Victim/witness statements and welfare
- Communications data
- Evidence
- Scene
- Offender
- Identifying suspects
- Intervention/arrest
- Reactive phase (may include prosecution).
- Evidence from suspects - DNA, fingerprints, obtain voice and hand writing samples, seize documents & electronics, consider ransom recovery and any evidence of banking or disposal of a ransom.
- Interviewing suspects
- Charging and prosecuting suspects
Blackmail
Section and Penalty
S237(1) CA61
14 years imp (s238)
Elements
(1) Everyone commits blackmail who threatens, expressly or by implication,
to make any accusation against any person (whether living or dead),
to disclose something about any person (whether living or dead),
or to cause serious damage to property or endanger the safety of any person
with intent (a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat, and
(b) to obtain any benefit or to cause loss to any other person
Statutory Defence
S237(2) CA 61
Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss,
unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.
S237(3) CA61 - Definition of benefit
Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration
What you must prove
The identity of the suspect and that they threatened, expressly or by implication to:
- Make any accusation against any person (living or dead) or
- Disclose something about any person (living or dead) or
- Cause serious damage to property or
- Endanger the safety of any person with intent to cause the person to whom the threat is made in accordance with the will of the person making the threat and obtain any benefit or cause loss to any person.