Exhibit management in homicide or serious crime investigations Flashcards
OC Exhibits
Appointment
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.
Purpose
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.
Standard operating procedures
The duties of the OC Exhibits will be governed by the standard practices for managing exhibits, as directed by the OC Investigation in accordance with the Investigation Management Tool (IMT) application. The OC Exhibits must consult the OC Investigation early to identify any requirements which may be relevant to a particular scene, for example the extent to which protective clothing is to be used within the scene. They may also identify specific areas of responsibility for example, which member will have the responsibility to interrogate exhibits found at a particular scene. Adherence to standard practices will ensure exhibit integrity and provide accountability for the chain of custody.
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.
Briefings and liaison
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.
Safe storage of exhibits
In the first instance the OC Exhibits should only accept an exhibit if:
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.
Whether sealed or not, no exhibits should be taken into the Investigation Headquarters. A secure room should be available for exclusive use by the OC Exhibits. If possible this should be near to but separate from the main investigation team. This should include secure facilities for the storage of biological evidence and ideally a nearby office from which the OC Exhibits can work. The OC Exhibits should control access to this area and the exhibit store must be kept locked at all times.
Examination of exhibits
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.
Developing a Forensic Strategy
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.
Forensic Strategy meetings
Forensic Strategy meetings are held to determine which exhibit or other forensic examinations are required and the priority of those examinations.
Those attending Forensic Strategy meetings include the OC Investigation, 2IC, OC Exhibits, Crime Scene Co-ordinator/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.
It can be beneficial to provide attendees with witness accounts, photographs and diagrams of the scene.
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.
Timing of Forensic Strategy meetings will depend on the circumstances of the investigation. Generally the OC Investigation or 2IC will schedule an initial meeting early during the investigation, for example to discuss examination of fragile evidence present on a body before removal of the body from the scene. Further Forensic Strategy meetings are scheduled regularly thereafter, to facilitate decisions regarding exhibit examinations.
Following any Forensic Strategy meeting, the OC Exhibits must record on the Exhibits Register, all decisions taken about the types of examinations to be conducted and the priority allocated to the examination of each exhibit.
Submission of exhibits for examination
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.
When forwarding an exhibit for examination, follow the steps in this table.
Step
Action
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, specifically:
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.
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.
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.
Results of exhibit examinations
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.
Photographing exhibits
All exhibits photographed in a Police photographic studio must have the exhibit number displayed in the photograph. The resulting photographs should be forwarded to the 2IC.
Allowing inspection of exhibits
The OC Exhibits must facilitate the inspection of exhibits by defence counsel, in circumstances where Police have an obligation to allow such inspection, under section 19(1) of the Criminal Disclosure Act 2008.
For further information, refer to the ‘Criminal disclosure’ chapter, section ‘Managing exhibits’.
Preparing for trial
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.
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:
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.
Duties after trial
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.
Exhibit management processes
The chain of custody
The chain of custody includes every individual who has had custody of an exhibit, from the time it was first discovered until the time it is produced in Court. It is used to demonstrate the integrity, and therefore admissibility, of exhibits.
The chain of custody is achieved by using the Investigation Management Tool (IMT) application or the Police Register of Property (PROP) application. IMT or PROP must be used to record the physical location where an exhibit is stored.
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 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’.
Understanding cross-contamination
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.
Exhibit numbering
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.
Purpose
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.
Five digit number ranges
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, as illustrated in the table below.
Exhibit number ranges
Admin - 10000
Victim - 15000
Witnesses - 20000
Area Canvass - 25000
Scenes - 30000
Suspects - 70000
Unsealing or splitting an exhibit
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.
Example
Exhibit 10708 is a box. It contains a plastic bag of cannabis.
The plastic bag is given the sequential number after 10708, i.e. 10709, and the cannabis taken from the bag is given a further number following 10709, i.e. 10710.
The location where the plastic bag was found would be recorded as “inside exhibit 10708” (the box) and the drugs would be recorded as being found “inside exhibit 10709” (the plastic bag).
Note: Sequential numbering may not be possible where additional exhibits are discovered subsequently, for example during forensic examination.
In the example above, in addition to the exhibit number assigned by the OC Exhibits, the cannabis exhibit will also have a drug exhibit number, as recorded in the local Drug Register.
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.
Scene Exhibit Officers
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.
