Crime Scene Investigation 4 Flashcards

1
Q

Purpose
The specific duties of the File Manager in a homicide or serious crime investigation will vary depending on the systems used to store information during the operation. However, the main functions of the File Manager are to:

A

• assist with establishing and maintaining the Investigation Headquarters
• operate the paper flow and associated structure
• manage the electronic and physical files relating to the investigation
• support the 2IC by reading all documents for the purpose of highlighting important
information to the 2IC
• assist the 2IC with the identification and recording of evidential material
• complete a synopsis of all documents received,
• ensure a flow of information throughout the investigation
• assist with the preparation of the prosecution file
• assist with management of the trial.

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2
Q

Setting up the Investigation Headquarters
The File Manager, where there is no logistics officer appointed, must liaise closely with the 2IC to establish the requirements for the Investigation Headquarters, including:

A
  • location
  • office support staff
  • transport
  • equipment
  • communications
  • ICT requirements.
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3
Q

To ensure an effective communication flow within the investigation, the File Manager must:

A
  • utilise the project code numbers
  • establish a dedicated radio communications channel for the investigation
  • set up and manage electronic staff folders
  • assist the 2IC to prepare a briefing document and photographs to be used for briefing
  • establish the appropriate offence code
  • generate a NIA file number for the investigation
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4
Q

Documentation tips

Outlined below are some issues the File Manager should consider when preparing the hard copy file:

A

• Jobsheets may be easier to manage if they are all printed on white paper.
• The use of double sided documents should be avoided wherever possible.
• Staples, pins, file pins should not be used to attach documents together. Bulldog clips,
paper clips and plastic sleeves are a better alternative.
• Documents should not be hole-punched or bound.
• Submitted documents should be uniform in size and not larger than A4 size, although
A3 size may be acceptable in some circumstances.
• A4 notebooks are easier to disclose than A5 notebooks.

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5
Q

Principles of the disclosure regime

Disclosure Managers should be guided by these principles:

A

• The governing principle of disclosure is relevance.
• There is no obligation to acquire, for the purpose of satisfying disclosure obligations,
material that is not already in police possession or control
• Disclosure is an on-going process and the reasons for withholding a document should
be continually reassessed.
• The disclosure process must be auditable, accountable
• Effective file management systems are critical to the success of the disclosure
process

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6
Q

Key responsibilities of Disclosure manager

The Disclosure Manager must:

A

• ensure all relevant and discoverable material is provided to defence counsel
• ensure all relevant and non-discoverable material is identified, listed and defence
advised
• continually assess the risk to ensure that non-discoverable material is identified and
not disclosed
• continually review to ensure that ongoing lawful justification to withhold exists for
each document that is withheld
Robust auditable systems are employed to record decisions and actions
Manage disclosure timeframes within provisions of the act
Retain and file all correspondence with defence council

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7
Q

What is an exhibit

A

An exhibit is any item which comes into the possession of Police during the course of an investigation, whether or not it is eventually tendered in formal evidence.

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8
Q

In homicide and other serious crime investigations, the person appointed to the role of OC Exhibits should be suitably qualified in terms of training and relevant experience. In a homicide investigation it is recommended that the OC Exhibits is a qualified Detective, preferably with previous experience in:

A
  • mass exhibit handling
  • forensic principles
  • methods of exhibit recovery
  • approved procedures for packaging and security of evidence
  • managing contamination and cross-contamination issues
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9
Q

In smaller investigations the OC Exhibits (in conjunction with the OC Investigation) may also conduct an appreciation and facilitate a thorough interrogation of every exhibit, to establish the:

A
  • evidential value of each exhibit
  • investigative opportunities presented by each exhibit
  • further enquiries that are needed.
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10
Q

What is OC exhibits responsibility

A

OC Exhibits is responsible for establishing required standards for the recovery, handling, labelling, storage, submission to experts, presentation at Court and disposal of exhibits and ensuring these processes are completed in accordance with the requirements set by the OC Investigation

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11
Q

The OC Exhibits must, where appropriate, update the OC Investigation and 2IC with relevant information relating to:

A
  • what exhibits have been found, and their movements
  • the results of any exhibit examinations
  • whether any further enquiries are required.
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12
Q

Safe storage of exhibits

In the first instance the OC Exhibits should only accept an exhibit if:

A
  • the exhibit label contains the exhibit number and the name of the operation.
  • the property is correctly packaged and sealed, and the exhibit label is visible and secured on the outside of the package
  • any prompt action necessary to preserve the exhibit has been taken, for example, drying wet or bloodstained clothing in an appropriate drying facility
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13
Q

Those attending Forensic Strategy meetings include the

A

OC Investigation, 2IC, OC Exhibits, Crime Scene Co-ordinator/OC Scene, and anyone else deemed necessary by the OC Investigation.

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14
Q

Topics covered during a Forensic Strategy meeting may include:

A
  • What examinations ESR and others could conduct on exhibits.
  • The priority each examination should receive.
  • Whether any further work is needed to assist a reconstruction.
  • A plan for any work to be completed that is required to assist the reconstruction.
  • An agreed reconstruction of the events relevant to the crime under investigation
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15
Q

Ensure any exhibits identified for forensic examination are prepared before being delivered, specifically:

A

• all items are separately wrapped
• all parcels are sealed
• all items or their packages are labelled and numbered
• a list of all items is attached to the Police Form 143
• the Police Form 143 is consistent with the labels on the items
• items are in an appropriate condition, for example, clothing is dry and
blood samples are refrigerated

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16
Q

When forwarding an exhibit for examination what actions should be taken

A
  • Ensure exhibit examination decisions are confirmed through the Forensic Strategy meeting process
  • Record in the Exhibits Register all decisions taken about the types of examinations to be conducted and the priority allocated to each examination
  • Ensure the OC Investigation has authorised the proposed examination
  • Prepare the necessary papers for the ESR or other expert
  • Ensure any exhibits identified for forensic examination are prepared before being delivered
  • Deliver exhibits for scientific examination promptly to avoid deterioration and loss of evidence.
  • Inform the expert undertaking a scientific examination if it is no longer required.
17
Q

Producing exhibits in Court
The OC Exhibits is responsible for preparing the exhibits for production at Court. This must be conducted in a manner which:

A
  • clearly demonstrates the evidential value of the exhibits, eg. by mounting clothes on a mannequin or board
  • avoids any risk of physical injury, disease, accident, contamination or damage.
18
Q

To preserve the integrity of exhibits and limit the number of persons involved in the chain of custody, it is preferable that as few people as possible handle exhibits.
While an exhibit was under their control, each person with custody of the exhibit must be able to demonstrate:

A
  • when they received custody of the exhibit and from whom
  • where and how the exhibit was securely stored
  • when, why and how the exhibit was moved from one place to another
  • how the exhibit has been treated, safeguarded and preserved
  • when and why they transferred custody of an exhibit to another person, and to whom
19
Q

Purpose of the exhibit numbering system.

The exhibit numbering system should be simple, efficient and provide the following key attributes:

A
  • be consistent
  • allow delegation of exhibit numbers to staff who will utilise them
  • cope with multiple scenes
  • be compatible with technology, allowing searching to be conducted using exhibit numbers
  • encompass all exhibits,
20
Q

What are the exhibit number ranges

A
Admin - 10000
Victim - 15000
Witnesses - 20000
Area Canvass - 25000
Scenes - 30000
Suspects - 70000
21
Q

The Property Record Sheet (Police Form 268) that is traditionally used to record seizure and movement of exhibits do not lend themselves to recording complex exhibit movements or five digit exhibit numbers. Therefore for serious crime investigations, the following documents will be used:

A

Scene Exhibit Schedule - A paper record of the exhibits at a particular scene.
Exhibit Register - An electronic master record of all exhibits obtained during an investigation.
Chain of Custody form - A paper record of any movement(s) of an exhibit, after the time the OC Exhibits has taken custody of it.
Formal Written Statement - Statement by the OC Exhibits, detailing their actions taken to manage the exhibits during the investigation.

22
Q

The Scene Exhibit Schedule should record the following information for each exhibit:

A
  • exhibit number
  • detailed description of the exhibit
  • name of the operation
  • location of the scene
  • exact location where the exhibit was found, at the scene
  • name of the finder
  • date and time it was seized
  • relevant signatures.
23
Q

What are the Duties of OC exhibits during investigation

A
  • Conduct all duties as OC Exhibits, in accordance with the ‘purpose’ of an OC Exhibits,
  • Establish the Standard Operating Procedures set by the OC Investigation for management of exhibits during the investigation.
  • Establish a system of 5 digit exhibit number ranges to cater for all scenes and cover all exhibits
  • Establish a secure area for exhibit storage and if possible, an appropriate exhibit processing area.
  • Take charge of any exhibits from various phases of the investigation.
  • Obtain the original Scene Exhibit Schedule(s) from officers in charge of phases of the investigation so the exhibits received can be audited.
24
Q

Obtain the original Scene Exhibit Schedule(s) from officers in charge of phases of the investigation so the exhibits received can be audited.
Ensure each exhibit is entered on the Scene Exhibit Schedule with the:

A
  • exhibit number
  • full description of the exhibit
  • name of the operation
  • location of the scene
  • exact location where the exhibit was found, at the scene
  • name of the finder
  • date and time it was seized
  • relevant signatures.
25
Q

Duties after prosecution - OC exhibits

A

Collect exhibits from Court after conclusion of the proceedings.
After expiry of the appeal period, dispose of the exhibits as directed by the OC Investigation.

26
Q

Duties before prosecution - OC exhibits

A
  • Prepare a Court Schedule of Exhibits.
  • Prepare the exhibits for Court
  • Prepare a Formal Written Statement detailing duties conducted as Exhibits Officer
27
Q

The file manager, under the direction of the 2IC must review the file in order to

A

establish if any enquires remain outstanding
conduct an assessment of the enquires currently underway
review sub-investigations and critical phases of the investigation
prepare for external reviews that may occur

28
Q

Are exhibits allowed in the investigation headquaters

A

Whether sealed or not, no exhibit should be taken into the investigation headquaters

29
Q

The OC exhibits must ensure the Pol 143 contains sufficient information including

A

Brief circumstances of the case
purpose of the examination
location where each item originates from
whether any exhibits are damp or require special attention
authorisation by the appropriate supervisor

30
Q

In regards to exhibits update the OC investigation with

A

what exhibits have been found
any examination results
whether any further enquires are required

31
Q

Identifiying and location homicide or serious crime witnessess - Depending on available resources, initial enquires might be confined to certain areas such as within line of sight and earshot of these locations:

A

Place where the victim was last seen alive
Place where initial contact with suspect took place
Place where victim was assaulted
Murder site
Body deposition site

32
Q

Preliminary witness interviews - on some occasions it may be necessary to conduct prompt, prelim interviews with witnesses who possess information or material that is likely to rapidly progress the investigation ie: information that may lead to:

A

early identification or arrest of a suspect
recovery of evidence or relevant information
prevention of immanent disposal or destruction of evidence
prevention of the commission of other offences

33
Q

Before any formal interview is conducted the investigator must make an assessment of the witness. The assessment should consider how the witness interview should be conducted and enable the investigation team to identify:

A

whether the witness requires special consideration
availability of the witness
any need the witness has for special assistance
the best approach to be taken with the witness

34
Q

The witness interview plan normally covers

A

the time and location of the interview
the amount of information to be disclosed in the interview
setting interview objectives
‘supporting the interview - eg monitor
the structure of the interview- whether recorded on DVD or written