Duty Statements

Question 1

What case established the standard of detail that must be included in Duty Statements?
B) What is the

Answer 1

R v Turnbull and the acronym is ADVOKATE;

A - AMOUNT OF TIME

D - DISTANCE (eg unknown, less than 1 metre, 1-2metres, several metres, over 15)

V - VISIBILITY ( eg daytime, night, street lighting, night time or unknown)

O - OBSTRUCTION ( Were there any obstructions to the view of the witness? eg tree, dirty windows)

K - KNOWN (does the witness know the person? where have they seen them before? how often? acquaintance, seen on daily basis, occasionally, once or twice a week..etc)

A - ANY REASON TO REMEMBER (does the witness have any special reason for remembering the person? Was there something specific that made the incident/person memorable?

T - TIME LAPSE (how long has elapsed since the witness saw the incident/person? how long between the witnesses observation and their statement given to the police?)

E - ERRORS (Any errors in the description given by the witness and the actual appearance of the accused. Investigators must note any breaks or changes in the identification of the person by the witness. Any changes when witnesses see the the person on more than one occasion)

Question 2

What sections and structure must the Duty Statement include?

Answer 2

Part 1 - Introduction & Overview (inc date, what you were wearing, on/off duty, who you were with)

Part 2 - People involved (list the witnesses, suspects, if no name known then distinguish suspect, cover points A-K of description)

Part 3 - The Locations (introduce all locations, maps can be used as exhibits to supplement description e.g. who has access, how busy is it, how secure? etc)

Part 4 - The Incident (This is the chronological account, detailed evidential account, arrests cautions necessity RACS must be verbatim)

Part 5 - Clarification & Closure (chance to include any additional detail not yet included, mention any outcomes ie. custody, prisoner handover)

Question 3

When describing a person, what details A-K would you try to include?

Answer 3

A - AGE
B - BUILD
C- CLOTHING
D- DISTINGUISHING FEATURES
E- ETHNICITY
F - FACE SHAPE, HAIRSTYLE,FACIAL HAIR
G - GENDER
H - HEIGHT
I- ITEMS WITH THE PERSON
J- JEWELLERY
KNOWLEDGE OF THE PERSON E.G ACCENTS, PHRASES USED