Code Of Practice For Crime

Question 0

What are the indicators that some one may be suicidal in custody

Answer 0

 have medical problems
 are severely agitated or aggressive
 are under the influence of drugs or alcohol
 are excessively despondent or display feelings of guilt
 have neck or wrist scars, suggesting previous self inflicted injury
 threaten to inflict self injury
 are irrational or mentally ill
 have a history of suicidal behaviour
 are arrested and placed in a cell for the first time.

Question 1

What are the values of both the code for crime and code for conduct that we must abide by
WARP CIRQ.

Answer 1

 integrity is placed above all
 the rule of law is upheld
 the rights and freedoms of individuals are preserved
 quality of life is improved by community involvement in policing
 citizen and police personal satisfaction
 the wealth of human resources is capitalised on
 public resources are used efficiently and economically
 authority is exercised responsibly.

Question 2

What responsibility does the commander have in relation to persons in custody

Answer 2

You have overall accountability for people in custody at your command. Ensure the officers you place in custody areas are suitably qualified for those duties. Do not use probationary constables as custody managers.

Question 3

What systems must you as the commander put in place in relation to custody

Answer 3

Have in place a system to ensure a custody manager and/or a custody assistant is nominated for people in custody and that officers in the custody area know what their role is. Ensure:

 you provide a custodial environment which is safe for both people under arrest and police, and complies with NSW Police’s Building Code
 you provide appropriate facilities and resources to allow police to manage people in custody (which might include tea, coffee and disposable cups etc)
 officers under your command carry out the correct custody policies and procedures
 officers under your command are trained and supervised to prevent any pattern of neglect or deliberate indifference towards people in custody.

Question 4

Who can authorise visits to prisoners in custody.

Answer 4

Commander or crime manager

In the case of MP visits these may be organised ahead of time

Question 5

What are the commanders responsibilities in relation to hospital guards

Answer 5

Ensure there is a guard/custody protocol in place at each Local Area Command in which a hospital is situated.

Ensure the guard consists of two police, at least one of whom is an experienced officer. Only depart from this in exceptional circumstances eg: person with a broken limb and unable to walk, in coma etc.
NB: Never leave a probationary constable alone as a guard. Consider escape attempts, rescue bids and recent convictions.

Question 6

What is doli incapax

Answer 6

Remember, when interviewing children aged between 10 and 14 you need to obtain evidence that they knew what they were doing was wrong (as opposed to mischievous or naughty).

Question 7

What should you take into account when authorising an induced statement

Answer 7

 the seriousness of the offence(s) being investigated and in particular the potential for further serious offences being committed if an investigation result is not achieved
 the extent of the likely involvement by the witness in the criminal activity under investigation
 the likely culpability of the witness in the criminal activity under investigation compared to others who are involved in this activity
 the significance of the information that is likely to be provided by the witness to the investigation
 the likelihood of evidence being obtained to achieve the same or a similar investigative result through other means
 the attitude of the witness and the likelihood of the witness being persuadedto provide the information in a conventional manner
 the perceived reliability of the witness and the evidence that the witness is likely to provide if an inducement is given.

Question 8

Who can authorise the taking of an induced statement

Answer 8

Local area commander in direct line of the officer applying.
Unless the matter is already with the DPP for prosecution, and the statement is to be taken form the accused/defendant then the DPP must authorise

Question 9

If the commander gives verbal authorisation on the phone for an induced statement to be taken what information must be recorded.

Answer 9

Pending receipt of formal documentation make an appropriate record of:
 brief details of the application provided by the investigator
 reasons why the application required immediate authorisation
 the decision and if the application was declined, the reasons.