Conduct Investigations Flashcards
Initial Action
Victims Appreciation Witnesses Scene Exhibits Ingredients Powers Offenders
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
- Factors - a statement of truth about known influence
- Courses open - possible ways aim could be achieved
- Plan - select most appropriate
Preserving scene
- Identify - common approach path, powers, “scene”, SITREP
- Secure
- Preserve
- Consider
- 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 position
- Record details
- Health risks
- Paper bags on head, feet and hands. Loose tape to secure. Plastic if wet.
- Wrap body in plastic sheet
- Search under body site
- 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 qualification
SOA 20A - unauthorised disclosure of info
FEN 11 - NZ flag offences
FVP 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 Analyse Objective Gather data/info Alternatives Plan
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:
- For sentence indication
- May be read in court
- Offender not given to keep
- Return at end except victim, court staff, police, probation or prosecutor
- Can withhold part to protect
- 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 evidence
YP- 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 392
POL 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 prep Engage and explain Account Closure Evaluation
Interview special considerations
Children and elderly Intoxicated Traumatised victims Intellectual disabilities FV/sexual assault victims Communication difficulties
ADVOKATES
Amount of time Distance Visibility Obstruction Known Any reason to remember (distinguishing) Time lapse Error or material discrepancy Salience
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 pervert Available reasonable time
Ten II principles
- Interview heart of investigation
- Aim to discover truth
- Complete, accurate and reliable info
- Open mind
- Fair
- Questioning can be persistent
- Special considerations for some
- Interview in accordance with law
- Care to identify ‘special’
- Sensitive to culture and religion
Memory process
Encoding > storage > retrieval
