Family liaison in homicide and serious crime investigations Flashcards
What is the role of a family liaison officer
The role of the Family Liaison Officer (FLO) involves the day‐to‐day management of the partnership between the family of the deceased and the Police investigation. The primary function of an FLO is that of an investigator and not a support person. However, in performing this role, the FLO must also offer, facilitate and co‐ordinate support that addresses the needs of the family.
What should be included in a Family Liaison Plan?
‑ selection of the FLO and criteria employed for the selection
‑ exit plan for the FLO
‑ objectives of the family liaison
‑ assessing the most appropriate methods of conducting interviews with family members, including
the use of specialist interviewers, where appropriate
‑ information to be released to and withheld from, the family
‑ requests made by the family which have not been agreed to, and the reasons for this
‑ complaints made by the family and the OC Investigation’s action to progress and resolve the issues raised
‑ any member of the family who could be considered a suspect, to enable the OC Investigation to determine whether or not this is the case
‑ liaison with Victim Support and other support services.
Important for an exit plan
Before being stood down, the FLO should ensure that victim support services are ongoing, where this has
been taken up by the family.
The FLO role may receive contact from family members over an extended period. All contact by members of the family after the FLO has been stood down must be reported to the OC Investigation.
What does the term Family include?
‑ includes partners, parents, siblings, children, guardians, whänau and any others who have had a direct and close relationship with the victim
‑ includes ‘chosen’ family
‑ should reflect the victim’s culture and lifestyle.
What must be considered when picking an FLO?
The OC Investigation must continuously review the appointment of an FLO and consider:
‑ the suitability of the officer for retention in the role
‑ whether additional FLOs should be appointed
‑ the needs and wishes of the family.
What must be considered if there is a suspect in the family?
‑ the FLO’s welfare and safety
‑ increased monitoring of the FLO’s work and interaction with the family
‑ the level of information disclosure to the FLO and, in turn, the family
‑ the process by which any intelligence that arises from FLO contact with the family will be managed
‑ the need for the FLO to be clear in their interactions with the family
‑ the importance of fully documenting all contact and interactions with the family
‑ the possibility of deploying a more experienced FLO if appropriate
‑ the deployment of a deputy FLO for corroboration issues in addition to supporting the principal FLO
‑ not using the FLO in any search or arrest of a family member
‑ investigative or evidential impact of deployment
‑ whether or not the FLO will reside with the family. This may be an option in cases of kidnap for ransom where Police negotiators are in contact with the suspect. Such a deployment must only be undertaken after a meticulous consideration of the safety of the FLO.
Maori culture considerations
Mäori place significant importance on all events leading up to, during and after death. Every part of the grieving process (Tangihanga) is of immense cultural importance and Mäori must be given the opportunity to bless the site of death before the body is moved. For Mäori certain parts of the body are tapu. Tapu has been adopted into the English language as 'taboo' and means prohibited, for sacred reasons.
The FLO may be involved in aspects of an investigation that Mäori may find distressing, such as arranging identification of the body and communicating post mortem examination arrangements to the family. By developing an awareness of the needs of the Mäori culture and accommodating these wherever practical,
the FLO will contribute to building a positive relationship between the investigation team, the family and the Mäori community.
What to do when appointed as an FLO
‑ liaise closely with the OC Investigation regarding parameters of information to be shared with and/or
held back from the family
‑ familiarise themselves with the enquiry
‑ familiarise themselves with all information established concerning the family, including known
family composition or dynamics, cultural and lifestyle considerations, religious beliefs and
communication requirements, e.g. language or disability
‑ familiarise themselves with available information and intelligence which could impact on the liaison
role, such as previous Police involvement with the victim or family
‑ establish what contact the family has had with Police since the incident/death
‑ establish what information has been given to the family
‑ establish what information concerning the incident is already in the public domain.
What to assess for witnesses within the family?
‑ whether due to the personal characteristics of the witness or the circumstances of the offending, the witness requires special consideration, as defined by the ‘Investigative interviewing witness guide’
‑ the availability of the witness
‑ any particular needs the witness has for assistance
‑ the optimum approach to be taken when approaching and interviewing the witness.
Family during the trial?
Stress during the trial is likely to be high and there is a possibility that the family will experience anxiety.
The FLO has a duty to advise the family about Court procedures, potential conflict between the prosecution and defence during the case and the potentially distressing nature of specific evidence that may be given, ie. pathological or photographic evidence. Where members of the family are significant witnesses such issues should be raised sensitively and the need to negate possible defence allegations of ‘coaching’ should be considered.
What early issues may need to be resolved when you are an FLO?
‑ provide immediate appropriate information to the family concerning the death of the victim and explain to the family what happens next in respect of the body, e.g. the post mortem and Coroner’s processes
‑ provide the family/NOK with the Coronial booklet “When someone dies” which sets out the rights of the family and explains the Coronial process. There is a 24 hour time frame for objection to a post mortem so the information contained in the booklet is critical to the Coronial process. The booklets are held by District Victim Support and can be downloaded at Coronial services of New Zealand
‑ establish from family members any immediate evidence, information or rumors, which they may be
aware of, so that this can be passed directly to the OC Investigation for urgent attention
‑ act quickly and effectively informing the OC Investigation without delay should a family or individual express concern for their personal safety or have been subject to threats or intimidation and require Police protection or assistance
‑ give or facilitate initial practical support for members of the family (eg. transport)
‑ as far as possible, protect the family from unwarranted media intrusion
‑ arrange temporary housing when the family home has been designated as a crime scene or a protracted search of the victim’s home is anticipated. Victim Support should be involved in this process
‑ use their knowledge of the criminal justice system and Coroners processes to advise family members, as appropriate
‑ where appropriate and on direction of the OC Investigation, arrange for the Crown Solicitor to meet
the family to explain decisions taken.
What financial support is offered to a family?
‑ a discretionary grant of up to $1500 for families of homicide victims
‑ free counselling for families of murder and manslaughter victims. Initially six hours are approved with the option to increase to 15 hours. Counselling up to a maximum of 30 hours may be approved if required.
- ACC can help with the costs of burial or cremation
What should the family be notified of?
The family should be notified of:
‑ programmes, remedies, or services available through Police to the family as victims in their own right (refer section 11)
‑ progress of the investigation (a legal requirement under section 12)
‑ the family’s role as witnesses in the prosecution of the offence.
What should the family be told if someone is arrested?
Where an offender is arrested, the FLO (in consultation with the OC Investigation) must:
‑ inform the family of their rights to register on the victim notification register, and provide a POL 1065
form if they wish to do so
‑ make all reasonable efforts to ascertain any views the family have on the accused being released on
bail, and ensure these views are communicated to the court in a Grounds for Opposing Bail Police Form 128 or, where Police are not opposing bail, in a covering report to Prosecutions (Victim Rights Act 2002, sections 29 and 30).
‑ inform the victim’s family of:
‑ charges laid or reasons why charges are not laid, and any changes to the charges laid
‑ the date and place of each Court appearance of the accused or other Court hearing relating to the case
‑ release on bail of the accused
‑ any application made by the accused, for suppression of name or other identifying particulars
under section 200 of the Criminal Procedure Act 2011. The victim’s family’s views about the application must be ascertained and provided to the Court (refer section 28). The victim’s family must also be informed of the outcome of such an application.
‑ details of bail conditions the accused is subject to. Note: This information must not be disclosed if it would contravene an order under section 19 Bail Act 2000 prohibiting the publication of matters related to a bail hearing.
What are victim lifestyle enquiries?
Once the family of the victim has been identified, the FLO is usually tasked to gather information about the
victim and family members, to compile a victim profile. The reason for a lifestyle enquiry will determine the level of detail required.
For a family violence homicide where the suspect was arrested at the scene, lifestyle enquiries may be restricted to establishing a history of violence. An investigation yielding little more than a body and no significant witnesses or forensic evidence, will require an in‐depth examination of all aspects of the victims’ life.
There should be info obtained from sources of information (friends coleagues etc) and passive datat (NIA, medical history, mobile phones)
