Homicide & Serious Crime Investigation

Question 1

Initial response to homicide or serious crime

Answer 1

Initial response to homicide or serious crime

VAWSEIPO

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Victim<!--EndFragment--><!--StartFragment-->

• Identify and locate the victim(s).

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Appreciation<!--EndFragment--><!--StartFragment-->

• Make an initial appreciation of the incident. Assess personal risk and then preserve the lives of others.

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Witnesses<!--EndFragment-->

• <!--StartFragment-->Locate and contain witnesses.

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Scene<!--StartFragment-->

• Preserve the scene (e.g. set boundaries).

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Exhibits<!--StartFragment-->

• Note evidence and preserve any that would otherwise be lost or destroyed.

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Ingredients<!--StartFragment-->

• Consider whether the ingredients of the alleged offence have been established

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Powers<!--StartFragment-->

• Identify what powers are available and consider whether to execute them.

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Offenders<!--StartFragment-->

• Identify and apprehend suspect(s).

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Question 2

Benefits of Appreciation Technique

Answer 2

Benefits of Appreciation Technique

Applying an appreciation technique can provide the following key benefits:

• Informs all Police what they are expected to achieve
• Increases the chances of success, i.e. the investigative aims/objectives being met
• Establishes a sequence of activities to be carried out
• Manages risk
• Reduces uncertainty
• Eliminates duplication
• Ensures nothing is overlooked
• Effective use of resources.

A full written appreciation may be used for protracted situations.

Urgent or pressing situations where immediate initial action is required, a shortened form of appreciation is usually conducted mentally i.e. not in writing, for speed.

Question 3

File Manager Responsibility - Purpose

Answer 3

File Manager Responsibility - Purpose

The specific duties of the File Manager in a homicide or serious crime investigation will vary depending on the systems used to store information during the operation. However, the main functions of the File Manager are to:

• assist with establishing and maintaining the Investigation Headquarters
• operate the paper flow and associated structure in accordance with the Serious Crime Document Management System outlined in the _Serious Crime Template _
• manage the electronic and physical files relating to the investigation
• support the 2IC by reading all documents for the purpose of highlighting important information to the 2IC
• assist the 2IC with the _identification and recording of evidential material _
• complete a synopsis of all documents received, excluding documents relating to covert policing activities
• ensure a flow of information throughout the investigation
• assist with the preparation of the prosecution file
• assist with management of the trial.

Question 4

Forensic Strategy meetings

Answer 4

Forensic Strategy meetings

Forensic Strategy meetings are held to determine which exhibit or other forensic examinations are required and the priority of those examinations.

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 5

Submission of exhibits for examination

Answer 5

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.

Question 6

Responsibilities of OC Area Canvass (staff briefings)?

Answer 6

O/C Area canvass enquiries in homicide or serious crime investigations - Key points for team briefings. A briefing should include but is not be limited to the points in this table.

**Step 1: **

• Summarise the situation
• detail the duties and areas of responsibility of each canvass team member

**Step 2: **

• Emphasise the need for thoroughness
• every person in every household and visitors must be seen personally.

Step 3:

• Stress that the questionnaire is only a guide to ensure the questions are asked; information supplied could lead to other questions.

Step 4:

• Evidence of possible probative value must be obtained in a formal written statement rather than notebook.
• The questionnaire must be endorsed, if a statement is taken.

Step 5:

• Consider visiting the canvass area to record every address including flats and vacant sections and then reconcile these premises with the map.

Step 6:

• Ensure all forms are completed, and actioned as outlined.

Step 7:

• Reconcile completed locations with the master copy to avoid duplication.

**Step 8: **

• Advise staff on:
  
  • What action to take if they believe they have identified the suspect
  • What action to take if they locate items of evidential value
  • What action to take if individuals refuse to assist
  • How to complete the correspondence flow
  • What information can be disclosed during the area canvass (i.e. information already in the public domain)
  • What information must not be disclosed

Question 7

Police Responsibilities to Witnesses

Answer 7

Maintaining contact

Ensure the victim’s next of kin are regularly updated of the progress of both the enquiry and Court proceedings, as directed by the 2IC.

Ensuring Court Attendance

Maintain contact with all prosecution witnesses, ensuring they are summonsed, and available to appear in Court, as required.

Court Proceedings

Ensure witnesses are fully briefed as to their responsibilities and that they are updated throughout the investigative and Court process.

Witness intimidation

By maintaining contact with witnesses, Police will be more likely to become aware of any threats, intimidation or interference and can arrange for appropriate action to be taken; such as initiating the witness protection program.

Witness order

it is advisable the OC Exhibits gives evidence first and produces all of the exhibits including photographs and the exhibit schedule. This enables all following witnesses to refer to the appropriate exhibits.

Witness media interest letters

If media interest is anticipated; consider advising witnesses and the victim’s family of the potential consequences of discussing evidence with journalists i.e. jeopardizing Court proceedings.

Interpreter Issues

Care must be exercised to ensure that any interpreting service used is suitably qualified and meets the required standard.

Welfare Issues

Witnesses should be provided with the name and contact details of the 2IC Investigation. The welfare and needs of witnesses must be considered throughout the investigation and Court process. Refer to section above in this part, ‘Witness support’.

Witness control

Ensure that witnesses do not:

• have any contact or communication with jurors
• discuss the case in public areas while waiting to give evidence
• discuss the case with witnesses waiting after they have given evidence.

Refreshing memory

At Court, request the witness refresh their memory by reading any previously signed statement(s) or interview transcripts.

Arrange name suppression

Advise the 2IC Investigation of any witnesses, victims or persons connected to the case seeking name suppression, so that the 2IC can inform the Crown Solicitor to apply for a Court order under section 202 of the Criminal Procedure Act 2011. The views of victims must be ascertained and conveyed to the judge.

Expenses

Where a witness is appearing in the High Court, fees and expenses are the responsibility of and are paid for by, the Ministry of Justice. The OC Witnesses should assist and provide guidance to witnesses and arrange for witnesses to complete witness expense forms when they are at the Court, to facilitate payment of witness expenses by the Registrar of the High Court concerned.

In certain situations the police will meet certain costs in relation to the witness. Where this is the case, the O/C Witnesses is responsible for arranging their payment.

Victim views

For all serious crime cases, appropriate file documents must be completed to ensure victims, including family of the deceased, are registered within the criminal justice system and that their views are taken into consideration. These include:

·Pol 1060 - Record of victim contact. ·Pol 392 - Victim impact statement. ·CSV1 - Court Services Victim Referral. ·Pol 128 - Bail opposition, where grounds exist. ·Pol 1065 - Victim request to be notified of bail etc.

Special measures

Early consultation with the Crown Solicitor is required regarding those witnesses identified as being in need of special consideration, under sections 103 and 105 of the Evidence Act 2006. Refer to section above in this part, ‘Special consideration’. The File Manager will also need to make necessary arrangements with the Court, to accommodate evidence given by those witnesses in alternative ways i.e. by video relay or from behind a screen.

Question 8

Family Liaison Plan

Answer 8

Family Liaison Plan

• In formulating a family liaison plan the OC Investigation or delegated supervisor must endeavor to achieve a partnership approach with the family.
• The level of involvement of the FLO and the specific tasks allocated to the FLO during the investigation must be governed by this plan.
• The plan developed should consider needs of the family, lines of enquiry and all available intelligence.
• The family liaison plan is a dynamic process which must be reviewed in consultation with the FLO, at regular intervals. The plan should be recorded and consider:
  
  • 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/withheld from the family
  • requests by the family 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

Question 9

Role of the Family Liaison Officer (FLO)

Answer 9

Role of the Family Liaison Officer (FLO)

• The role of the Family Liaison Officer (FLO) involves the 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.
• Must also offer, facilitate and co-ordinate support that addresses the needs of the family.
• The FLO should normally report to the OC Investigation to ensure continuity of supervision.
• The OC Investigation or their delegated or authorised deputy must liaise closely with the FLO to ensure families are treated professionally, with respect and according to the family’s needs.

Question 10

Responsibilities of the OC Body

Answer 10

Responsibilities of the OC Body

The OC Body must:

• ensure death has been certified by a doctor or qualified paramedic using a Deceased Person Certificate (POL 265)
• maintain security and continuity of the body, samples and exhibits, from the scene to the commencement of the post-mortem examination
• secure and guard the body, body samples and any exhibits relating to the body, with dignity and respect
• note and record observations relating to the body
• note details of medical staff or others who have attended the victim
• record what actions taken by any party in respect of the body
• establish if the _body has been moved or disturbed _
• ensure the body is photographed ‘in situ’ and consider using video recording
• on authority of the OC Investigation
• arrange transportation of the body to mortuary
• complete sudden death procedures
• on authority of OC investigation, arrange f_ormal identification of the body_ using form Pol 265A
• obtain historical medial records of victim for pathologist
• attend the post-mortem examination with the OC Investigation, or deputy appointed by them, and:
• attend the briefing of the pathologist by the OC Investigation, and contribute as required –
• ensure the Police photographer takes appropriate and sufficient photographs of the body
  
  • before clothing is removed
  • after the body is disrobed
  • during the post-mortem examination.

(The pathologist will direct the photographer).

• preserve evidence from the body
• record, label and secure all samples and exhibits associated with the body
• arrange for fingerprints and palm prints if required
• attend the debrief of the pathologist and record the findings, on direction of the OC and/or pathologist
• ensure all cultural responsibilities have been addressed.

Note. It is the responsibility of the OC Investigation to:

• notify the Coroner early of the death, as detailed in the Police Manual chapter ‘Contacting a Coroner’
• arrange the post-mortem examination, in consultation with the Coroner
• consult the Pathologist before the post-mortem commences, regarding the relevance and benefit of conducting X-ray or CT/CAT scans of the body.

Question 11

Exhibits - OC Body

Answer 11

Exhibits

The OC Body is responsible for:

• recording, labeling, packaging, sealing and securing all physical exhibits relating to the body (including samples taken during the post-mortem).
• All exhibits must be packaged and sealed before leaving the mortuary, and recorded in a Scene Exhibits Schedule.
• It is recommended, where practical, that an additional officer is appointed to assist the OC Body as an Exhibits Officer specifically relating to the post-mortem examination.
• Any item found at the crime scene or during the post-mortem examination which is of mutual interest to the pathologist and the investigative team must be preserved and handled in accordance with standard exhibit protocols. Examples of such articles include:
  
  • ballistic projectiles
  • foreign items such as hairs, fibres, blood or semen on or in the body
  • ligatures - any knot present on a ligature must not be cut or undone as the knot may be subject to a subsequent knot examination).
• The pathologist, and ESR specialist (if present), may retain some exhibits to submit directly to the laboratory for analysis.
• The OC Body must allocate these an exhibit number and record them in the Scene Exhibit Schedule.
• The OC Body should also request, where applicable, a copy of any record created by the mortuary, of samples taken during the post-mortem examination.

Question 12

OC Body - Stripping the body

Answer 12

OC Body - Stripping the body

1. The body must only be stripped in the presence of the pathologist.
2. Remove the body from the secure mortuary fridge to post-mortem examination room (assistance of mortuary staff).
3. Remove the body from the body bag, causing minimal disturbance to the body.
4. Exhibit body bag and any sheets or wrappings used to transport the body
5. Police photographer to photograph body before clothing is removed, and again after the body is disrobed. The pathologist will lead direction of the photographer.
6. Remove items of clothing from the body.

• Avoid cutting clothing off the body
• Search clothing pockets - inventory of each of the pocket contents.

1. Inventory of clothing and possessions, as each item is removed.
2. Label each item of clothing and each possession.
3. Seal each item in a separate paper bag or container.
4. Ensure exhibits do not cross-contaminate
5. Maintain security and continuity of the body and exhibits taken from the body, until the post-mortem examination commences.
6. In cases involving obvious head trauma, before blood and debris is washed from the body, particularly the head hair, consider placing a fine sieve in the mortuary table drain hole to collect trace evidence that may have been transferred from a weapon, for later comparison with exhibits the suspect(s) have had access to.

Question 13

Responsibilities of the OC Body

Answer 13

Responsibilities of the OC Body

= CSI GOD DMMIT ME RAPED

CSI

• Certificate– Deceased person POL 265 certified by doctor or qualified paramedic
• Sudden– Death procedures completed
• In-Situ– Ensure body photographed in-situ, consider video recording

GOD

• Guard– Secure and guard the body, body samples and exhibits relating to the body, with dignity and respect
• Observations– Note and record observations relating to the body
• Details– Of all medical staff who attended to the victim

DAMMIT

• Da bros– Ensure all cultural responsibilities addressed
• Maintain- Security & continuity of the body, samples and exhibits from the scene to the commencement of the post mortem
• Moved?– Establish if the body has been moved or disturbed
• I.D.– Arrange formal ID on authority of the OC on POL 265A
• Transport– Arrange transport to mortuary on authority of the OC

ME

• Mortem– Attend post mortem with OC or deputy appointed by them
• Evidence– Preserve evidence from the body

RAPPED

• Remove– Clothing & personal effects from the body
• Arrange– Fingerprints and palm prints
• Photographer– If necessary direct the Police Photographer to take additional photos of the body to ensure appropriate and sufficient photos taken before clothing removed, again after body disrobed and during post mortem
• Exhibits– Record, label & secure all samples & exhibits from the body
• Debrief– Attend the debriefing of the Pathologist & and record findings, on direction of the pathologist and/or OC

Question 14

Initial Actions to Preserve a Crime Scene

Answer 14

Initial Actions to Preserve a Crime Scene

• Consider the best path into the scene.
• Record any movements/action taken in the scene
• Preserve what is there and leave it ‘in situ’. Ensure nothing is touched or moved. The scene must be kept in its original state.
• If no immediate life is at risk, consider using stepping plates.
• Be prepared to take immediate action to preserve and/or record evidence that may change if nothing is done. For example, rain may damage a footprint or bloodstain.