Cards Flashcards
What are the responsibilities of OC Exhibits
OC exhibits is responsible for establishing the required standard for:
- Recovery, handling, labelling and storage of exhibits
- Submission of exhibits to experts
- Presentation of exhibits at Court
- Disposal of exhibits
- Ensuring these processes are completed in accordance with the requirements set by OC investigation and the Serious Crime Template.
What is the purpose of a crime scene examination
- To determine if a crime has been committed
- Key elements as a basis for enquiry
- Identification of people associated with the crime
- Establish if the victim has had contact with the scene
- Exonerate the innocent
- Corroborate or contest witness and victim accounts
- Corroborate or exclude other evidence relating to the crime or incident
- Verify confessions and admissions
- Exclude possible defences
How should a preliminary interview be conducted?
- In accordance with the investigative interviewing guide
- Limited use of appropriate open ‘TEDS’ questions
- Framed to elicit a brief account of the events witnessed, including 5WH (What, where, when, who, why and how)
Describe the role of OC body during a post-mortem?
The primary role of OC body during a post-mortem is to observe, document and deal with exhibits associated with the body in a structured manner.
What matters should the OC area canvas record in the detailed master record of the ongoing process?
- Addresses visited
- Occupants interviewed
- relevant comments made
Explain your understanding of an initial action risk assessment?
- Before initial action can be safely undertaken, those in charge of the scene must conduct an appreciation on the known information.
- Subject to the appreciation of risks, a reconnaissance should be done to establish who is present at the scene, EG: injured people, offenders
- First priority is to ensure the safety of attending Police staff
Initial action at serious crime (SUSPECT)
- Isolate suspect
- Ask suspect to remain and co-operate
- Consider arrest
- Consider Search and Surveillance Act 2012 powers
- Identify route suspect used to arrive/leave
- Note the suspects appearance, demeanour and condition
- Record suspects comments
- Consider a preliminary interview where appropriate and return to a Police station as soon as possible
What is the purpose of a scene guard and the log maintained by that person?
- To ensure there is no unauthorised entry into the scene
- Integrity of evidence or potential evidence is secured
- Intelligence opportunities are maximised
- Contamination issues are managed
What is the primary function of Initial Police responders at a serious crime scene?
- Police responders must assess the situation quickly and carefully and decide what the important things to do are, and what order they should be done in
- Primary functions are:
- Attend the scene at an early stage
- Take control of the situation
- Coordinate tasks
Upon completion of the area canvas phase, the OC area canvass must submit a report to the OC investigation outlining the circumstances of this aspect of the investigation, what matters must the report contain?
- Summary of all actions taken
- Any significant findings are highlighted
- Attention drawn to any action that has been undertaken which was outside of the original phase strategy
What is the purpose of reviewing an area canvas?
- An area canvas must be regularly reviewed and amended accordingly as new evidence is gathered
- Subsequent canvasses of the same of different areas may be required as facts and circumstances change
- Changes may be required to questions used in any subsequent enquiries
What are the key responsibilities of the disclosure manager?
- Ensure all relevant disclosable material is provided to defence counsel
- Ensure all relevant and non-disclosable material is identified, listed and defence counsel is advised
- Continually asses the risk to ensure that non-disclosable is identified and not disclosed
- Continually review ensuring you have ongoing lawful justification to withhold, and this exists for each document that is withheld
- Manage disclosure timeframes within the provision of the act, or otherwise directed by the Court
Before attending the scene of a serious crime you should…?
- Decisions must be driven by circumstances, not the requirements of a checklist
- Get all available information
- Consider requesting the Complainant to assist/ Observe, if safe to do so
- Make an appreciation
- Make a plan considering relevant factors such as:
- Safety of self and others
- Identify and apprehend Suspects
- Contain and control Witnesses
- Preserve the scene
List he the duties of a Family Liaison Officer in their role as an investigator?
- Profile the Victim
- Preparing the family tree
- Gathering all relevant information from the family
- Taking statements to identify the Victim
- Updating the family with the progress of both the investigation and Court proceedings, as directed by 2IC
List 6 ways Suspects may be identified?
- Area enquiries
- Intel analysis
- Fingerprints
- DNA samples
- Witness evidence
- CHIS information
In smaller investigations, the OC exhibits, in conjunction with OC investigation may conduct an appreciation, and facilitate a thorough interrogation of every exhibit, what is the purpose of this procedure?
- To establish the:
- Evidential value of each exhibit
- Investigation opportunities presented by each exhibit
- Further enquiries that are needed
What action must the OC exhibits take when becoming aware that further enquiries are required in relation to a particular exhibit?
• Highlight this to the 2IC so that follow up enquiries can be initiated
Crown Disclosure?
- The Crown should be supplied with an identical copy of the material that is disclosed to defence counsel
- The Crown should also review the unedited copy of the material where appropriate
- The material should remain under the control of the file manager, while it is being reviewed
Describe why it is important for the Family Liaison Officer to identify the cultural origins of the Victim’s family, and to ensure they are familiar with relevant cultural beliefs and protocols?
• To enhance the relationship with the family and to contribute to the Victim’s profile
During an interview of a Suspect, what must the OC Suspect ensure?
- The interview is conducted in accordance with the investigative interviewing suspect guide
- The interview is monitored by a supervisor or experienced detective to ensure all the points are covered
- Ensure an explanation is sought from the Suspect in relation to any exhibits that are found
When skeletal remains are found, what information can the pathologist provide?
- Whether the remains are actually bones
- Whether the bones are human
- The age, gender, height and racial origin of the person
How can specialist Police units assist the OC area canvas during the area canvas stage?
- Criminal profiling units
- Geographical profiling units
- Behavioural Science unit
- May be consulted to assist with setting up parameters or identifying locations where suspects are likely to frequent or reside
What are the two main purposes for Police attending the scene of a death?
- To investigate thoroughly
- To gather sufficient evidence to satisfactorily explain the circumstances of death
- Using an investigative mindset
List 4 things to consider that may benefit an area canvas?
- Use of experts, ILO’s etc
- Use of Aide memoir and script, anything to ensure the staff have everything they need
- Leaflets, especially for those reluctant to talk initially
- Other options such as:
- Media
- Poster campaign
- Mail drop
- High profile police presence
- Use of mobile Police base
How do you determine the priorities when investigating Suspects?
- Investigate Suspects in order of priority as determined by OC investigation, aspects that might influence priorities are?
- Weight of evidence against a person
- Likelihood of the leaving the area
- Urgency in solving the case of staffing
- Where no Suspect, priority should be given to anonymous information
What do you do if the Suspect puts forward an alibi?
- Whenever an alibi is put forward by an Offender concerning a matter in respect of which proceedings have commenced, it is the responsibility of the OC Suspect to make thorough enquiries to determine the veracity of the alibi
- Fully report the results of the enquiry to the Crown solicitor
The term family includes:
- Partners
- Parents
- Siblings
- Children
- Guardians
- Whanau
- Other person who has a direct and close relationship with the Victim
- Chosen family
- Should reflect the Victim’s culture and lifestyle
What are some of the considerations of a dying statement under section 16 (1) Evidence Act 2006?
And how can Police satisfy that the statement is admissible?
- Nature of the statement
- Content of the statement
- Circumstances around the making of the making of the statement
- Circumstances around the veracity of the person making the statement
- Circumstances relating to the accuracy of the observations made by the person
The Court must be satisfied that the content of the statement and the person who made it are reliable.
Police taking the statement must record any factors which demonstrate the reliability of the statement or its maker
Section 10(4) of the Criminal Disclosure Act 2008 governs the disclosure of material to defence, What does the section state about how disclosure can be supplied?
- Disclosure may be supplied in whatever form, including electronically or in whatever form the information is held in at the time of the request, provided this will be readily available to the Defendant
- Consideration must be given to whether the defendant has ready access to a computer to access the electronic document.
A priority at a serious crime incident is to establish the physical condition of the Victim, what are the three categories of the Victim’s medical status?
- Alive and uninjured
- Alive and injured
- Shows no signs of life
During the course of some criminal trials it is necessary for Police to consider the Witness intimidation may occur, by maintaining contact with a Witness who may be the subject of intimidation, what information can the OC case or OC Witness ascertain?
- More likely to be aware of threats/ intimidation/ interference
- Take appropriate action (Witness protection)
What specific instructions must be given to the Witnesses in a criminal trial relating to their conduct at Court?
- Do not discuss the case with Witness after giving evidence
- Do not discuss the case in public areas while waiting to give evidence
- Don not have any contact or communication with jurors
Why is it important to develop a forensic strategy for the examination of exhibits?
• It allows the OC exhibits to prioritise tasks in line with the direction of the investigation
Explain what a common approach path is used for at serious crime scenes?
• It is the path for all movement into and out of the scene, avoiding any route possibly taken by the Victim or the Suspect
Who may be present at a post-mortem?
- Pathologist
- Assistant pathologist is authorised by the coroner
- Coroner
- Police
- A doctor representing the interests of a Suspect that has or may be charged in relation to the death, if authorised by the coroner
- Any other doctor or trainee doctor if authorised by the coroner
- Any other person authorised by the coroner
Should there be a delay in Police attending the scene, what are the 5 things the informant may be asked to do in the interim?
- Return and guard the scene if safe to do so
- Not to enter the obvious boundaries of the scene
- Not to touch or move anything
- Prevent others from touching or moving anything
- Await Police arrival and identify themselves to the first police at the scene
When dealing with a Suspect at the scene of a serious crime, what specific physical matters relevant to the Suspect must you consider?
- Consider the condition of the Suspect
- Whether they are injured
- Whether they are under the influence of alcohol or drugs
- Whether they suffer from a medical or mental impairment, or other special consideration
List 6 things you should obtain from an informant?
- Identification and location of the Suspect
- Firsthand account of what the informant knows
- Identity of the Victim
- Full contact details of the informant
- Details of actions taken by the informant and where they have been
- Demeanour of the informant
What specific experts must be notified and their attendance requested for a post-mortem?
- Police photographer
- Fingerprints Officer
- ESR scientist
Who should be appointed OC Suspects?
• A CIB supervisor of Detective Sergeant rank in common with those of other phases, this may be OC Generals where resources are limited
What are 6 benefits of an appreciation?
- Informs all Police what they are expected to achieve
- Establishes a sequence of activities to be carried out
- Manages risks
- Reduces uncertainty
- Eliminate duplication
- Ensure nothing is overlooked
- Effective use of resources
Describe 4 matters that must be recorded in a crime scene log to maintain the integrity of the scene?
- The identity and details of the record keeper
- Movements around the scene
- Names of those entering the scene
- Times of those entering the scene
- Reasons for entry and exit to the scene
What is an appreciation?
- A proven method of problem solving where a series of steps are followed to ensure the optimum course of action is decided upon
- It considers the appropriate factors and weighs the benefits and risks of alternative solutions
What is the purpose of the OC Suspects team?
- Profile and investigate suspects and POI and determine involvement in the offence
- Seek evidence to cover ingredients of the offence
- Eliminate defences
- Provide basis for further investigation
What are the steps of making an appreciation?
- Aim- An aim is a short one line statement which is clear, accurate and concise and succinctly demonstrates a single objective
- Factors- A factor is any circumstance of fact that could affect the aim, ask ‘So what’ ‘What does this mean”?
- Courses open- a list of all possible ways the aim could be achieved, weighing the advantages, disadvantages and the risks involved
- Plan- the proposed course of action to achieve the desired aim
What is the investigative mentality?
• No matter what the circumstances of the death are, eg accidental, suicide, apparent natural cause, workplace accident or unexplained death, Police purpose is always to investigate thoroughly and gather sufficient evidence to satisfactorily explain the circumstances of death
OC body note taking?
• The OC body must not take any notes of discussions concerning the post-mortem examination unless specifically directed to by the OC investigation and or pathologist