Exhibit management in homicide or serious crime investigations

Question 1

How is O/C exhibits appointed

Answer 1

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:
‑ mass exhibit handling
‑ forensic principles
‑ methods of exhibit recovery
‑ approved procedures for packaging and security of evidence
‑ managing contamination and cross‐contamination issues
‑ use of standardised documentation as contained in in the Investigation Management Tool (IMT) application or the Police Register of Property (PROP) application.

The OC Exhibits reports to the 2IC Investigation who, in conjunction with the OC Investigation, must ensure
the OC Exhibits has all the resources necessary to carry out their responsibilities.

Where possible the OC Exhibits should not be assigned any other responsibilities as their duties will fully engage them from the early stages through to the preparation of exhibits at any subsequent Court proceedings.

Question 2

Purpose of O/C Exhibits

Answer 2

During any investigation, the OC Exhibits is responsible for establishing and maintaining exhibit
management systems and for maintaining the physical security and continuity of all exhibits.

Their duties will culminate in the provision of an accurately recorded exhibit package and the availability of exhibits as required throughout the Court process.

The role of OC Exhibits is flexible, depending on the scale of the investigation. 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:
‑ evidential value of each exhibit
‑ investigative opportunities presented by each exhibit
‑ further enquiries that are needed.

In respect of operations of this nature, it is likely that the OC Exhibits would be directed to carry out these
enquiries. The remainder of this section deals with the role of OC Exhibits and exhibit management processes involved in homicide or other larger scale investigations where the OC Exhibits arranges for others to examine exhibits through the Forensic Strategy meeting process.

Question 3

O/C Exhibits Duties

Answer 3

The 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 and the Investigation Management Tool (IMT) application. The OC Exhibits must communicate required standards to all investigation team members, usually at investigation conferences.

Question 4

O/C exhibits briefings

Answer 4

The OC Exhibits must attend all Forensic Strategy meetings and investigation briefings to facilitate information sharing and where possible, take responsibility for maintaining liaison between the OC Investigation, 2 IC, Crime Scene Co‐ordinator/OC Scene, ESR and other specialists.

Consultation with experts such as the ESR, ECL and pathologists will assist the OC Exhibits to understand the complexity of their role. Such consultation must be undertaken in accordance with Forensic Strategy meeting decisions, under direction from the OC Investigation.

The OC Exhibits must, where appropriate, update the OC Investigation and 2IC with relevant information relating to:
‑ what exhibits have been found, and their movements
‑ the results of any exhibit examinations
‑ whether any further enquiries are required.

Question 5

What is required for safe storage of exhibits

Answer 5

‑ the exhibit label contains the exhibit number and the name of the operation. Other details such as a description of the item, the details of the person finding it, the time, date and location are recorded in the Investigation Management Tool (IMT) application or the Police Register of Property (PROP) application.
‑ 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. The OC Scene, OC Exhibits and where necessary ESR should be consulted as necessary. For guidance, refer to Crime scenes and forensics.

Question 6

Examination of exhibits

Answer 6

All decisions relating to selection of particular types of forensic examination and prioritisation of those examinations in a homicide or other serious crime investigation will be made at a Forensic Strategy meeting.

The OC Exhibits must ensure that all exhibits are fully examined, in accordance with Forensic Strategy meeting decisions. The OC Exhibits maintains an awareness of the significance of each exhibit and what examinations may be available. The OC Exhibits will determine, plan and record the examination and interrogation of every exhibit and establish its relevance to the investigation.

Question 7

Developing a Forensic Strategy

Answer 7

Developing a strategy for examination of exhibits allows the OC Exhibits to prioritise tasks in line with the direction of the investigation. The strategy must be approved by the OC Investigation and continually reviewed throughout the investigation to keep abreast of any developments.

Guidance on developing and documenting a forensic strategy is available in ‘Procedures for examining serious crime scenes’ in the ‘Crime scene examination’ chapter and to download a template, refer to ‘Examination strategy’ in that chapter.

Question 8

Topics covered in a forensic Strategy meeting (exhbits conference)

Answer 8

Topics covered during a Forensic Strategy meeting may include:
‑ 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.

Question 9

Who attends a forensic strategy meeting

Answer 9

Those attending Forensic Strategy meetings include the OC Investigation, 2IC, OC Exhibits, Crime Scene Coordinator/ OC Scene, and anyone else deemed necessary by the OC Investigation.

This may include the pathologist, forensic scientist (ESR), Fingerprint Officer, Scene of Crime Officer (SOCO), OC Body and other relevant experts. Early involvement of forensic specialists will ensure exhibits are protected and that the maximum potential forensic evidence and intelligence are recovered from them.

Question 10

Submission of exhibits for testing

Answer 10

The OC Exhibits is responsible for managing the subsequent transfer of any exhibits identified during
Forensic Strategy meetings as requiring forensic examination. The OC Exhibits should therefore be familiar with the requirements of taking an exhibit to an expert for examination, and in particular, maintaining the
chain of custody.

Question 11

Steps for getting exhibits examined

Answer 11

1 - Ensure exhibit examination decisions are confirmed through the Forensic Strategy meeting process.

2 - Record in the Investigation Management Tool (IMT) application or the Police Register of Property (PROP) application all decisions taken about the types of examinations to be conducted and the priority allocated to each examination.

3 - Ensure the OC Investigation has authorised the proposed examination.

4 - Prepare the necessary papers for the ESR or other expert, for example the Police 143 forms.

5 - Ensure any exhibits identified for forensic examination are prepared before being delivered,

6 - Deliver exhibits for scientific examination promptly to avoid deterioration and loss of evidence.

7 - Inform the expert undertaking a scientific examination if it is no longer required.

Question 12

Results for exhibit examination

Answer 12

The OC Exhibits must update the Exhibits Register with the results of exhibit examinations. The OC Exhibits should bring such information to the attention of the OC Investigation and not assume that they are aware of it by any other means.

Where the OC Exhibits becomes aware that further enquiries are required in relation to a particular exhibit, this must be highlighted to the 2IC so that follow‐up enquiries can be initiated.

Question 13

Preparing for a trial as O/C exhibits

Answer 13

Before the commencement of the trial, the OC Investigation (in conjunction with the OC Exhibits and other relevant investigation team members) must decide which exhibits are considered relevant, determine the significance of any forensic examinations and establish the most appropriate manner in which exhibits and examination results are to be presented at trial.

The OC Exhibits is responsible for arranging the transportation of exhibits to and from Court, for their
security at the venue and for their production, as directed by the Prosecutor.

Question 14

Producing an exhibit at court

Answer 14

The OC Exhibits is responsible for preparing the exhibits for production at Court. This must be conducted in a manner which:
‑ clearly demonstrates the evidential value of the exhibits, e.g. by mounting clothes on a mannequin or
board
‑ avoids any risk of physical injury, disease, accident, contamination or damage.

Prosecutions of serious crimes normally involve significant numbers of exhibits. Therefore a schedule of Court exhibits should be prepared which will itself become an exhibit. This schedule is a valuable asset to the OC Exhibits as well as to all other parties involved in the hearing as it enables them to follow the history of individual exhibits.

Question 15

Actions required after a trial for O/C exhibits

Answer 15

Following the trial and after the expiry of the appeal period, the OC Exhibits should return all exhibits to the Police secure exhibit storage area. The OC Investigation will determine which items should be retained and the method of disposal of others.

In high‐profile homicide or serious crime trials, care should be taken with the disposal of exhibits which
may possibly be subject to further judicial review.

The OC Exhibits must liaise with the OC Investigation and the Crown prior to any decision being made as to the disposal of exhibits in such trials. It is better to err on the side of caution (and retain the exhibits) than dispose of them immediately.

The OC Exhibits should dispose of the exhibits as directed and prepare and submit a report of exhibit
disposal to the 2IC.

The report should include appropriate receipts for all exhibits that have been returned and certificates of destruction for others. Exhibits seized pursuant to a Production Order or Search Warrant must be disposed of in accordance with sections 150 and 151 of the Search and Surveillance Act 2012.

Question 16

What is required for the chain of custody

Answer 16

While an exhibit was under their control, each person with custody of the exhibit must be able to demonstrate in IMT or PROP:
‑ 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.

This is called maintaining the ‘chain of evidence’.

Question 17

What is Cross-containmination?

Answer 17

Trace evidence, e.g. hair, fibres, paint, and blood is readily transferred from one item to another. Trace
evidence that attached itself to a significant exhibit during the commission of the crime, becomes significant evidence when it is found.

However if the evidence could have been transferred to the exhibit via a third party during the course of the investigation, this represents potential cross‐contamination.

Advances in the field of DNA examination mean that minute amounts of material can be a potential source
of DNA. Although the risk of cross‐contamination of DNA from scene to scene is unlikely, it is often a live
issue at trial.

Any potential for cross‐contamination must therefore be eliminated by conducting an appreciation and applying stringent standard practices throughout the investigation.

The movement of all exhibits must be recorded throughout the duration of the investigation, even when items are transferred between different units within the Police, including exhibits recovered by crime scene examiners e.g. fingerprint lifts, articles for chemical treatment and trace evidence.

Question 18

Exhibit Numbering

Answer 18

Any exhibit located must be assigned an individual exhibit number. This number must be unique, clearly
identifiable with that particular exhibit and recorded on the exhibit label Scene Schedule, and Exhibit
Register.

The numbering system used should be determined at the earliest opportunity by the OC Exhibits, in
consultation with the Crime Scene Co‐ordinator/OC Scene and others e.g. the 2IC. This system must be
explained to all investigative staff.

Question 19

Why do we use Exhibit numbering?

Answer 19

The exhibit numbering system should be simple, efficient and provide the following key attributes:
‑ 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, e.g. Medical Examination Kits (MEKs), documents, reference blood samples
and photographs sent to ESR.

Question 20

Why do we use 5 digit ranges for exhibits?

Answer 20

Five digit exhibit numbers ranges are compatible with ISYS, i.e. when used as a search parameter, five digit
numbers result in fewer instances of non exhibit related ‘hits’ whereas a search conducted on a four or six digit number may result in hits such as 24 hour clock times or dates.

Five digit exhibit numbers can also be loaded in the CID database and the allocation of five digit number ranges for individual phases enables consistency.

Question 21

Unsealing or splitting an exhibit

Answer 21

Often additional exhibits are found within other exhibits. For example, a wallet found within a pair of trousers, and subsequently the contents of the wallet, may become separate exhibits.

The necessity to assign these exhibits with individual, identifying numbers whilst demonstrating where the exhibit comes from, is as important for the additional exhibits as with the exhibit they originated from.

Should an exhibit contain further exhibits, additional exhibit(s) should where possible, be assigned the sequential exhibit number(s) following the original exhibit number. Only five digit exhibit numbers should be used i.e. no points or slashes should be employed.

It may be necessary to unseal an exhibit after it has been sealed, i.e. for review or examination. Before any exhibit is unsealed however, careful consideration must be given to avoiding forensic contamination and jeopardising the integrity of the exhibit.

The decision to unseal an exhibit should be taken and recorded through the Forensic Strategy meeting process and be carefully managed. The officer opening the item must reseal it together with the original packaging and seal, before returning the exhibit to the store. They must also ensure a record is made of the actions taken and by whom.

Where an exhibit is sent for examination e.g. to the ESR, the OC Exhibits must inform them the item was unsealed, and the reasons why.

Question 22

What is a scene exhibits officer

Answer 22

In cases involving multiple or extensive scenes, the OC Investigation or Crime Scene Co‑ordinator/OC Scene may consider it necessary to appoint one or more additional deputies to assist the OC Exhibits as ‘Scene Exhibits Officers’. For example in a pre‐planned termination operation, it may be necessary to allocate
sufficient staff to process multiple scenes simultaneously.

Once appointed, a Scene Exhibit Officer is responsible for the custody, security and recovery of exhibits at
that particular crime scene. This includes the
numbering, labelling, packaging, collecting, and handling of the exhibits.

Question 23

What is the Admin Exhibit Range?

Answer 23

10000

Question 24

What is the Victim Exhibit Range?

Answer 24

15000

Question 25

What is the Witnesses Exhibit Range?

Answer 25

20000

Question 26

What is the Area Canvas Exhibit Range?

Answer 26

25000

Question 27

What is the Scene Exhibit Range?

Answer 27

30000

Question 28

What is the suspects Exhibit Range?

Answer 28

70000

Question 29

What must O/C exhibits ensure when delivering exhibits for forensic examination?

Answer 29

‑ 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.

Question 30

What must be on the Police Form 143

Answer 30

The OC Exhibits must ensure the Police Form 143 contains sufficient information, including:
‑ brief circumstances of the case
‑ purpose(s) of the examination
‑ location where each item originates from e.g. from a particular scene, victim, witness or suspect
‑ whether any exhibits are damp or require special attention
‑ authorisation by the appropriate supervisor.