Initial Investigation Flashcards
En route to the scene, obtain:
- description of suspect
- description of suspect’s vehicle (if any)
- suspect’s direction of travel
- description of any weapons carried
Watch for any vehicles that may have come from the scene and note registration numbers
When you arrive at an incident:
- park in a safe, clear area
- advise comms of 10/7 (and obtain acknowledgement)
- revise your plan if the scene is different from what you anticipated
- be aware of:
-what is happening
-where it’s happening
-who is involved - ask people nearby:
-what is happening
-where it’s happening
-who is involved - provide a SITREP to Comms
Obtaining information
attending an incident
- locate informant, obtain brief facts
- ask informant/witness to;
1. identify victim and/or suspect;
2. if the suspect is not present, their direction of travel. If suspect has left in vehicle, details of vehicle incl. description and rego - Update Comms, advise them who is present, if suspect has left, their direction of travel and any vehicle details
- ask informant/witness the location of the scene
- if possible, ask them to remain at a specified place and explain to them they might need to be interviewed more fully later.
Victim medical status;
Signs of life
actions
- render immediate first aid
- call for doctor/ambulance
- pathway for medical staff when they arrive
- note any injuries
- determine if possible to obtain an immediate statement
- record position of victim before removal take photos
- if victim being transported, Police Officer must accompany them
Victim medical status;
Signs of life - transport to hospital process
- Police Officer must accompany them
- to continue speaking with them
- ensure clothing and exhibits retained
- record medical staff details
- provide update to Comms and discuss with Sgt
Victim medical status;
No signs of life
actions
- render immediate first aid if slightest possibility still alive
- call for doctor/ambulance
- note condition of clothing (wet/bloody/has it been disarranged)
- treat victim as a scene (do not move the body unnecessarily)
- in your notebook, objectively record everything observed using all senses (sight/sound/smell) take photos
- sketch a plan incl position of the body and position of exhibits. If anything MUST be moved or altered, consider photographing prior to altering scene.
*where possible do not move or touch anything in the scene
CAP
definition and purpose
Common Approach Path
* used for all movements into and out of the scene
using a path which avoids any route possibly taken by the suspect(s) or the victim
Three basic Scene Principles
- Freeze
- Control
- Preserve
Guard
Scene Principle
Ensure the scene maintains its integrity by providing adequate guards for the scope of the scene
Freeze
Scene Principle
Stop movements in and out of the scene.
Prevent further contamination or evidence being lost
Preserve
Scene Principle
Prevent further loss or potential loss of evidentially important items
Control
Scene Principle
Maintain control of the scene by controlling witness/victim and suspect movements
Clearing Scene
Incident actions
Remove all people from immediate scene (using CAP if possible)
Ensure they do not take anything or contaminate the scene
If possible have a Police Officer:
* contain them in a clear area
* warn them not to discuss what has happened
* obtain their full particulars
* keep warring factions, families or gang members apart
SITREPS
definition
Situation Reports
Giving a SITREP to Comms
- information that could help locate the offender
- advise what assistance is needed
- use your radio or mobile phone in private (if possible)
- be wary of giving the victim’s particulars over the radio (in areas of analogue radio anyone with scanners can listen in)
- provide location of SFP to staff who are on their way to the incident
SFP
Safe Forward Point
where you will park your vehicle in relation to the scene.
Purpose of a SFP?
safe location near an incident where staff can meet for final briefings or preparations
Brief to staff
at an Incident
- what you know has happened
- what you have done
- what is being done
- what needs to be done
Scene Guard duties
UNBENT
- Unauthorised entry (allow noone access without authority of the O/C)
- Notebook recording (details of anyone entering scene; name/designation/reason for visit/time of entering & leaving scene)
- Brief authorised people (aware of entry and exit point, route to be taken on scene and hazards)
- Explore and report suspicious activity (record this too)
- No contaminating it yourself (do not use toilet)
- Think of the animals (be aware of animals and removing them from the scene if possible - risk of eating body tissue/contaminating the scene
Offender/Suspect
what to do?
VAWSEEPO
- decide an action**
-(warn/report/arrest)
-safety issues when dealing with suspect
-transport arranged?
-other enquiries urgently need to be done?
-obtain particulars - BOR
- interview
After identifying a suspect you should…
- seperate suspect from others
- talk out of hearing of others
- advise of their caution/rights
- conduct preliminary interview (ensure details of offence (intent) are covered)
Powers?
VAWSEEPO
- situation specific (what power available) you can:
-arrest/detain/search & seize
-search pursuant to legislation
-enter premises pursuant to legislation
Elements?
VAWSEEPO
- what offence?
- how to prove each of the elements?
- do other enquiries need to be made?
Exhibits
what to know?
VAWSEEPO
- articles used:
-to commit offence (weapons)
-can help reconstruct scene (blood, damage to furniture scene etc)
-can show how an offence happened (phones/CCTV or documents)
Scene
what to do?
VAWSEEPO
- identify scene
- freeze/control/preserve
- scene examinations
-considerations? - safety & hygiene
Witnesses
what to do?
VAWSEEPO
- obtain particulars
- obtain details of the incident
- seek corroboration
- considerations
-compare with victim account
-anyone at risk from offender?
Victim/Informant
what to do?
VAWSEEPO
- obtain particulars
- obtain details of the incident
- seek corroboration
- Victim Support
Obtaining details of the incident…
TEDS & 5WH & H
Tell Me…
Explain…
Describe…
Show Me…
What?
When?
Where?
Who?
Why?
How?
Appreciation
what is this?
VAWSEEPO
- Aim
(single objective) - Factors
(circumstances) “so what?” - Courses open?
(ways the aim could be achieved) - Plan
(proposed course of action)
VAWSEEPO
explain
initial action with dealing with an incident or offences
* Victim/Informant
* Appreciation
* Witness
* Scene
* Exhibits
* Elements
* Powers
* Offender/Suspect
Obtaining particulars…
NADPOE
- Name
- Address
- DOB
- Phone
- Occupation
Purpose of arrest?
- safeguarding the public interest
- ensuring the person appears in court
- protecting the person’s own interests
Conflict of interest
during arrest
If a Police Officer attends an incident where the victim and/or the suspect is a relative, friend or person with whom the officer has a personal connection, the officer must take all practicable steps to avoid or manage any actual or potential conflict of interest.
If it is necessary for an officer to make an arrest in a situation where they have some personal involvement a supervisor must be advised so the circumstances of the arrest can be reviewed.
Duties when arresting
Crimes Act 1961
Section 316
Any person who is arrested must be informed at the time of the arrest of the reason for the arrest unless:
* the reason is obvious, or
* it is impractical to do so
Powers of arrest
Crimes Act 1961
Section 315(2)(a)
any constable and all persons whom they call to their assistance may arrest and take into their custody, without warant, any person they:
FIND
* disturbing the peace
OR
* committing any offence punishable by imprisonment
Powers of arrest
Crimes Act 1961
Section 315(2)(b)
any constable and all persons whom they call to their assistance may arrest and take into their custody, without warant, any person they:
HAVE GOOD CAUSE TO SUSPECT
* of having committed a breach of the peace
OR
* any offence punishable by imprisonment
Powers of arrest
Summary Offences Act 1981
Section 39(1)
any constable and all persons whom they call to their assistance may arrest and take into their custody, without warant, any person they:
HAVE GOOD CAUSE TO SUSPECT
* of having committed an offence against this Act
except sections 17-20, 25, 32-38
Powers of arrest
Summary Offences Act 1981
Section 39(2)
any constable and all persons whom they call to their assistance may arrest and take into their custody, without warant, any person they:
HAVE WITHIN THEIR VIEW
* does an act the constable believes is an offence against sections 17-20, 25, 32-38
AND
* fails to give name and address or gives false details. Arrest for the offence seen being committed
Summary Offences Act 1981
Section 17
Publishing false notice of birth, marriage or death
Summary Offences Act 1981
Section 18
Imitation of court documents
Summary Offences Act 1981
Section 19
Imitation of official documents
Summary Offences Act 1981
Section 20
False claim of qualifications
Summary Offences Act 1981
Section 25
Advertising reward for stolen property
Summary Offences Act 1981
Section 32
Excreting in a public place
Summary Offences Act 1981
Section 33
Billsticking
Summary Offences Act 1981
Section 34
Throwing stones
Summary Offences Act 1981
Section 35
Setting off or throwing fireworks
Summary Offences Act 1981
Section 36
Lighting fires
Summary Offences Act 1981
Section 37
Disturbing meetings
Summary Offences Act 1981
Section 38
Drinking in public place
Bill of Rights Act 1990
Section 21
Search & Seizure
Every person should be secure against unreasonable search and seizure of their person, property or correspondence
Bill of Rights Act 1990
Section 22
Arbitrary detention
Everyone is protected from arbitrary or random arrest or detention
Bill of Rights Act 1990
Section 23
Rights of a person arrested or detained
People arrested or detained under any enactment have rights and must be informed of those rights
Bill of Rights Act 1990
Section 24
Rights of a person charged
People charged with an offence have certain rights and must be informed of their rights
Bill of Rights Act 1990
Section 21
Search & Seizure
3 kinds of search
- specific statutory search powers (warrantless search: s27 off weapons, s21/22 drugs, s18 arms)
- statutory search pursuant to arrest or detention (s85 & s88)
- consent searches (s91-96)
Bill of Rights Act 1990
Section 21
Search & Seizure
searches are unreasonable when they are executed:
- without, or in excess of, powers or authority
- in an unreasonable manner
- in bad faith
Bill of Rights Act 1990
Section 22
Arbitrary detention
‘arbitrarily’ means?
- randomly
or - in an unrestrained way
or - unlawfully
Bill of Rights Act 1990
Section 22
Arbitrary detention
what does this mean?
Police have no power to hold a person against their will unless that person is under arrest or subject to a specific power of detention for a specific statutory purpose.
For example, a search under the SASA 2012.
Bill of Rights Act 1990
Section 22
Arbitrary detention
The voluntary interview of a suspect may be regarded as an arbitrary detention if you do not say to them the following:
- “You are free to leave at any time” AND
- “You do not have to remain to answer any questions”
Bill of Rights Act 1990
Section 23
Rights of a person arrested or detained
Everyone who is arrested or who is detained under any enactment shall:
- be informed at the time of arrest or detention of the reason for it and
- shall have the right to consult and instruct a lawyer without delay and in private and be informed of that right
- have the right to refrain from making a statement and be informed of that right
- everyone deprived of liberty shall be treated with humanity and respect for the inherent dignity of the person
Bill of Rights Act 1990
Section 23
Rights of a person arrested or detained
When you arrest a person, you must say:
- you are under arrest for (state an offence).
- you have the right to remain silent.
- you do not have to make any statement.
- anything you say will be recorded and may be given in evidence in court.
- you have the right to speak with a lawyer without delay an in private before deciding whether to answer any questions
- Police have a list of lawyers you may speak to for free
Bill of Rights Act 1990
Section 23
Rights of a person arrested or detained
When you advise a person they are being detained under any enactment you must say:
- you are being detained under section _ _ of the _ _ _ _ Act
or - you are being detained under the _ _ _ _ Act.
- you have the right to remain silent.
- you do not have to make any statement.
- anything you say will be recorded and may be given in evidence in court.
- you have the right to speak with a lawyer without delay an in private before deciding whether to answer any questions
- Police have a list of lawyers you may speak to for free
Bill of Rights Act 1990
Section 24
Rights of a person charged
Every person charged with an offence:
- shall be informed promptly and in detail of the nature and cause of the charge
and - shall have the right to consult and instruct a lawyer without delay and in private as soon as practicable
Practice Note on Police Questioning
Note 1
Police officer can question anybody; however, the person spoken to cannot be compelled to answer
This rule includes witnesses, informants, victims, suspects and offenders
Practice Note on Police Questioning
Note 2
Whenever a member of Police has sufficient evidence to charge a person with an offence or whenever a member of Police seeks to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions.
Practice Note on Police Questioning
Note 3
Questions of a person in custody or in respect of whom there is sufficient evidence to file a charging document charge must not amount to cross-examination.
Cross-examination (questioning which is - in the circumstances - aggressive, intimidatory, unnecessarily persistent or otherwise designed to wear a suspect down) when the suspect has said that they did not wish to make a statement is a breach of note 3.
Practice Note on Police Questioning
Note 4
Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained.
To avoid misrepresenting the truth:
* read relevant excerpts from the statement to the suspect, or
* accurately summarise the statement
Practice Note on Police Questioning
Note 5
Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should preferably be recorded by video unless that is impractical or unless the person declines to be recorded by video. Where the statement is not recorded by video, it must be recorded permanently on audio tape or in writing.
- the person making the statement must be given an opportunity to review the tape or written statement or to have the written statement read over
- given the opportunity to correct any errors or add anything further
- where the statement is recorded in writing, the person must be asked if he/she wishes to confirm the written record is correct by signing it.
Intelligence
The role of intelligence in the NZP
what are the four critical facets of the intelligence capability?
-
People
intelligence reflects the knowledge, experience and professional judgement of trained practitioners -
Process
intelligence addresses prioritised knowledge gaps through a process of tasking, collection, evaluation, analysis and interpretation -
Product
intelligence produces conclusions, assessments, and predictions to support planning and decisions -
Partnerships
intelligence requires trusted collaboration and draws on the widest available range of information, sources and perspectives
Intelligence
4i Model shows the inter-relationship between…
- Intelligence
- Police decision makers
- Demand environment
