File management Flashcards
Chain of command
The file manager is appointed by and responsible to the 2IC investigation
File manager Role
- Download serious crime template (IMT)
- Manage electronic + physical files relating to the investigation
- Read all documents and highlight important information
- Complete a synopsis of all documents
- ID evidential material
- Assist with prosecution file/managment
Set up head quarters
- Location
- Office support staff
- Transport
- Equipment
- Communication
- ICT requirments
Serious crime template numbering system
10,000 - Admin-generally disclosable
50,000- Chis-restricted dislcosure
70,000- Court phase
Communication flow - file manager
- Utilise project coses
- Establish dedicated radio chanels
- Serious crime template - folders/staff
- All work stored in staff QID folders
- Generate a NIA number
- Set up in trays
File manager provides link to?
2IC and investigators
Who generates and controls directives?
2IC
Who appoints the file manager?
2IC
Disclosure management - initial actions?
On appointment
- read disclosure managment desk file
- access serious crime template
- report to 2IC to receive briefing
What do disclosure managers do, key responsibilities?
- Provide relevant disclosure to defence
- ID non relevant disclosure
- Assess risk to ensure non disclosable material is ID’d
- Manage disclosure time frames
- Retain and file all correspondence
defence counsel relationships
All communication with defence should be conducted through 2IC or crown solicitor where engaged
Obligations when counsel re-assigned
- Obligation where legal representative replaced to ensure the replacement counsel has all material previously disclosed
- Can confirm in writing
- or provide counsel with a fresh copy
Crown disclosure
- Crown should be provided with an identical copy of all material disclosed to defence.
- Crown should have an un-redacted copy where appropriate
- Material remain under control of file manager
Explain S10(14) disclosure act
- Disclosure can be in any form
- that the person who has disclosure has it at the time of request
- Consider if defendant has a computer
What is the governing principle
relevance-All relevant material is discoverable unless justified in with holding it
Define an exhibit
Any item that comes into the possession of Police during the course of an investigation regardless if it is eventually tendered in formal evidence at court
Exhibit management - Purpose?
- Establishing and maintaining exhibit management system
- Maintaining physical security of exhibit
- Prepare and produce exhibit in court
In smaller investigations O/C exhibits may also conduct an appreciation and facilitate a thorough interrogation to:
- Establish evidential value of each exhibit
- Investigate oppurtunites presented by each exhibit
- Further enquiries if needed
Standards must be met for O/C exhibits to accept an exhibit
- Exhibit labelled correctly + Op name
- Correctly packaged and sealed
- Prompt action to preserve exhibit is completed
- Unique number assigned
- Recorded in exhibit schedule
Examination of exhibits
O/C exhibits must:
- ensure all exhibits fully examined in accordance with forensic strategy meetings
- Awareness of the significance of each exhibit and what exams are available
- record, plan, determine and interrogate each exhibit to establish relevance to the investigation
Forensic strategy meetings are held to determine which exhibit is required - it also covers:
- What exams ESR are to do
- Priority each exam is to receive
- Any work to assist in reconstruction
- A plan for any work that is required for the reconstruction
- Allows O/C exhibits to prioritise each task in line with the direction of the investigation
- Must be approved by O/C investigation
Exhibits - Preparing in Trial
- O/C investigation in conjunction with O/C exhibits decide which exhibits are considered relevant
- Determine significance of any forensic exams
- Establish most appropriate manner exhibits + exam results will be presented at trial
O/C exhibits responsible for this also:
- Demonstrate evidential value ie mounted, mannequins or board
- Avoid any risk of injury, disease, accident, contamination or damage
Chain of evidence / chain of custody, must be able to demonstrate:
- Received, when received custody of exhibit
- Taken into store, how exhibit moved from one place to another
- How exhibit was secured
- How exhibit was preserved
- How exhibit was sent for an exam (ESR)