Initial response to homicide or serious crime Flashcards
Health and safety duties
Maximising safety and eliminating or minimising risk at work is the responsibility of all Police employees and persons engaged by Police to provide a service including contractors and their employees, trainees, interns and volunteers. It is delivered through meeting the obligations under the Health and Safety at Work Act 2015 and Police safety policies.
A key enabler is the application of the TENR-Operational threat assessment in the workplace.
The expectation of the Commissioner and the Act is that persons in the workplace will take reasonable care to ensure that their acts or omissions do not adversely affect the health and safety of other persons, comply as far as they are reasonably able to with any reasonable instruction that is given in order to comply with the Health and Safety at Work Act 2015or regulations under that Act.
They will co-operate with any reasonable policy or procedure relating to health or safety at the workplace that has been notified to them and take immediate action to stop any perceived or potential breach of the act or if impractical, immediately report the matter to a supervisor.
Identification of homicide cases
Not all incidents involving homicide are readily identifiable as such. The nature of information initially available to indicate an offence has been committed may range from precise to vague. Whilst most offences of homicide are identified as a result of a body being found or by a person responsible for the offence making admissions, some incidents notified to the police are not initially identifiable as a homicide. Such instances may include:
report of a missing person
sudden unexplained death of an infant
unexplained death
report of an abduction
report of violence where no fatalities are anticipated
crime scene without a body present
hit and run vehicular collision
suicide
fatal fire
drug related deaths.
It is important all employees are aware of what action to take when such incidents are encountered. This will avoid a potentially serious crime being mistaken for a less serious one, and opportunities to gather significant evidence being lost.
The way reports are dealt with by Emergency Communications Centres and the actions of officers initially deployed to the scene are generally outside the control of the OC Investigation. It is therefore essential that initial Police responders are aware of their responsibilities and what is expected from them.
Initial responsibilities
The actions of first responding Police have a critical effect on an investigation and on the potential for capturing evidence. Enquiries will vary depending on specific circumstances. The general investigation model, VAWSEEPO should be applied in all cases.
Definition
Technique
Victim
Identify and locate the victim(s).
Appreciation
Make an initial appreciation of the incident. Assess personal risk and then preserve the lives of others.
Witnesses
Locate and contain witnesses.
Scene
Preserve the scene (e.g. set boundaries).
Exhibits
Note evidence and preserve any that would otherwise be lost or destroyed.
Elements
Consider whether the ingredients of the alleged offence have been established.
Powers
Identify what powers are available and consider whether to execute them.
Offenders
Identify and apprehend suspect(s).
Appreciation
Definition
An appreciation is a proven method of problem solving. The process follows a series of set steps to ensure the optimum course of action is decided upon. It considers all appropriate factors and weighs the benefits and risks of all alternative solutions, allowing sound decisions to be taken. An appreciation is an ongoing process which involves continually thinking through each new piece of information as it is uncovered.
Police attending a serious crime incident must make an appreciation before taking decisions and prioritising tasks. Good decisions are not a matter of luck or guesswork; they are the outcome of a process of logical reasoning and careful consideration.
Benefits
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. However in most 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.
To conduct an appreciation, follow the steps in this table.
Going to the scene
Adopting an investigative mentality
From the moment an officer is tasked with responding to a serious crime incident they should adopt an investigative mentality and approach. The journey to a scene will provide an opportunity to make some initial decisions and considerations as to how to approach the task at hand. Basic decisions such as assigning areas of responsibility amongst responders and ensuring communication with the Emergency Communications Centre is accurate, clear and brief will assist in establishing such a mindset. An awareness of the basic principles underpinning all serious crime investigations will be invaluable and help to bring some order to the way in which investigators will see evidence and make decisions.
Remember: No matter what the circumstances of a death are (e.g. an accident, suicide, apparent natural causes, work place accident or unexplained death) Police’s purpose is always to investigate thoroughly and gather sufficient evidence to satisfactorily explain the circumstances of the death.
Complainants / informants
The person reporting an incident is a critical witness in an investigation and it is a priority to obtain all available information from them. Until Police are able to attend the scene, the complainant/informant may be the only source of information available and accurate information can lead to sound decisions. Every effort should be made to obtain:
identity and location of the suspect
a first hand account of what the complainant/informant knows
precise details of the location of the scene
circumstances leading to the discovery
identity of the victim
details of anyone else at the scene
full contact details of the complainant/informant
demeanour of the complainant/informant
relationship of the complainant/informant, to the victim or suspect
details of action the complainant/informant has taken and where they have been
details of any hazards or safety issues that may affect Police approaching the scene/victim.
In some circumstances a delay may occur between the initial report and Police arriving at the scene. During this time, evidence may be lost or contaminated. In order to reduce this risk, the complainant/informant may be asked:
to return to the proximity of the scene, and guard it, if it is considered safe for them to do so
not to enter the obvious boundaries of the scene
not to touch or move anything
to prevent others from entering or touching the scene
to await Police arrival and identify themselves to the first Police at the scene.
Officers who have initial contact with the complainant/informant should take great care in recording what the complainant/informant says, their demeanour and clothing etc. These notes could become critical, particularly if the complainant/informant is later identified as a suspect.
At the scene
Preservation of life
It is imperative that Police responders ensure their own safety, the safety of other responders and that of others present at the scene.
Risk assessment
Initial action at the scene is crucial but may also present physical risks as well as a risk of contamination to the scene. Before initial actions can be safely undertaken, those in charge at the scene must conduct an appreciation on the known information, to dictate how, why and what form initial action should take. Subject to the appreciation of risks, a reconnaissance should be conducted to establish who is present at the scene. This may include other injured people, or a hidden offender.
The first priority will always be to ensure the safety of the attending Police members.
To avoid unnecessary disturbance to the scene, refer to ‘Preserving the scene’.
Establish the victim’s medical status
Having ensured the safety of those present, the next priority is to establish the physical condition of the victim. This falls into one of three categories:
Alive and uninjured
Alive but injured
Shows no signs of life
Victim is alive and uninjured
In cases where the victim is confirmed to have no injuries, no additional issues or complications arise. Proceed to ‘Preserving the scene’.
Victim is alive but injured
If a victim is injured but alive, call an ambulance and consider resuscitation if appropriate. If the victim has to be moved for this purpose, note the original body position and record any previous movements.
If it is necessary for the victim to be transferred to hospital by ambulance, details of the ambulance crew and their destination must be recorded. If practicable, a detective should accompany the victim to hospital. Otherwise, a detective should attend hospital without delay.
At hospital
On arrival at hospital, the detective should follow the steps in the table below:
Step:
1 - Obtain a medical opinion as to the victim’s current medical condition.
2 - Seize the victims clothing and other possessions as evidence.
3 - Establish the victim’s identity.
4 - Obtain a pre-transfusion blood sample using Police Toxicology Kit containers (containers at hospitals may contain gel which can affect the results of any subsequent forensic analysis of the blood sample).
5 - Seize any discarded bandages used to cover gunshot wounds, and record the position on the victim where each bandage had been applied.
6 - Arrange firearms residue samples in cases where firearm use is suspected, including from the victim of any apparent suicide involving a firearm.
7 - Note and photograph any injuries.
8 - Arrange DNA swabs to be taken from the victim’s skin, where they would be relevant to the particular circumstances of the case.
9 - Obtain details of any and all persons who visit or contact the victim.
10 - Conduct a scoping interview with the victim using appropriate open questioning (i.e. TEDS) to establish what happened and who was involved; where this would not adversely affect the medical welfare of the victim.
If it is anticipated the victim may die, consider recording an immediate statement, whether the victim can sign it or not. If the victim subsequently dies, their statement may be admissible in proceedings as hearsay evidence, under section 18(1) of the Evidence Act 2006. In order to be considered admissible evidence under 18(1)(a), the court must be satisfied that both the content of the statement and the person who made it, are reliable. Police taking the statement must therefore record any factors which demonstrate the reliability of the statement or its maker. The circumstances to consider under section 16(1) of the Evidence Act 2006, include:
the nature of the statement;
the contents of the statement;
the circumstances relating to the making of the statement;
circumstances relating to the veracity of the person; and
circumstances relating to the accuracy of the observation of the person.
11
Conduct a preliminary interview with ambulance and emergency staff who treated the victim, using appropriate open questioning (e.g. using TEDS) to establish what happened and who was involved.
Victim shows no signs of life
A fundamental responsibility of all Police employees is to preserve life. Police must never assume a person is dead unless no other conclusion is possible, i.e. a badly decomposed or mutilated corpse. Where there is the slightest possibility a person is still alive, first aid must be commenced and an ambulance requested.
The victim should not be moved any more than is necessary to establish whether the victim is alive. If the victim needs to be moved, the original position should be recorded, ideally by photograph and/or video but a sketch and description should also be completed.
Follow these steps when you discover a body.
Step
Action
1
Consider calling an ambulance and resuscitation, if appropriate. If the victim has to be moved for this purpose, note the original body position and record any previous movements.
2
Remain with the body until relieved by CIB or a supervisor
3
Arrange a doctor to pronounce life extinct, unless death is obvious i.e. a decapitated or badly decomposed body.
4
Treat the ‘victim’ as a scene (do not move the body unnecessarily).
5
Instruct medical staff to leave clothes on the body
6
If medical treatment has been given then request that connecting tubes, needles, bandages and other medical items are left ‘in situ’
7
If possible, conduct scoping interviews with medical staff who treated the victim and establish their actions, apparent cause of death and injury type(s).
8
Ascertain if the victim spoke to anyone before death and record what was said.
9
Record body position, lividity (gravitational settling of the blood), obvious injuries and clothing.
10
Objectively record everything observed using all senses, including sight, sound and smell. Include what is considered unimportant or non-evidential as after further investigation, such information may become relevant.
11
Record all exhibits.
12
Sketch a plan including the position of the body and position of exhibits.
13
Provide full information to the OC Investigation, at an early stage.
For more detailed information on crime scene preservation, refer to the chapter on ‘Crime scene examination’.
To preserve vulnerable exhibits, it may be necessary to take prompt positive action. Guidance on how to handle exhibits is available at ESR Forensic Evidence Guidelines.
Crime scene logs
A crime scene log records the details, time and purpose of all persons who enter, attempt to enter, or leave the crime scene, as well as any other activity around the crime scene which the scene guard perceives to be relevant to the case.
After emergency services have performed initial procedures and a scene has been cleared, no person must be allowed to enter without specific prior authority from the OC Investigation.
Purpose
A scene guard and the log maintained by that person, is employed in order to ensure:
there is no unauthorised entry into the scene
integrity of evidence or potential evidence is secured
intelligence opportunities are maximised
contamination issues are managed.
To avoid confusion, only one Crime Scene Log must be kept at each point of access to the scene. The log must identify keeper of the record as well as the name and time when all persons entered or left the scene and their reasons for entry.
A benefit of using crime scene logs is that when utilised, pedestrian traffic in and out of a scene is dramatically reduced. This helps to protect the integrity of the scene.
Timing
It is vital a Crime Scene Log is initiated at an early stage. Therefore, the appointment of an officer to commence a Crime Scene Log should not be delayed until the arrival of the OC Investigation. Initiated early, a crime scene log will provide investigators with an opportunity to carry out a subsequent review of all activity that has occurred since Police arrival.
Scene guard duties
Duty Process involved
Secure scene — Deny any person access to the scene, unless they are expressly authorised to enter by the Officer in Charge of the Investigation or the Crime Scene Co-ordinator/OC Scene.
Record details — Maintain a crime scene log and note for every person authorised to enter the scene:
- name and designation
- authority to enter the scene
- purpose of the visit
- time of entry and time of exit.
Control movements — Ensure everyone entering the scene is directed to the Common Approach Path to be followed and is supervised during the visit.
Record movements — Record all movement and vehicle details to, from and near the scene, in the crime scene log.
Brief others — Promptly communicate any relevant information received to the OC Scene or Crime Scene Co-ordinator (as appropriate).
Avoid disturbance — Do not personally enter, contaminate or interfere with the scene, e.g., using toilet facilities, making coffee, etc.
Protect scene — Be vigilant for activity such as the presence of any animals which may feed on body tissue etc.
Remain on duty until relieved by the oncoming scene guard.
Brief replacement — Brief the oncoming Scene Guard on all relevant matters and hand on the crime scene log.
Respect security — Do not discuss events or the crime with witnesses, bystanders or members of the media.
Demonstrate courtesy — Use tact and courtesy when dealing with civilian witnesses and crowds.
Inform others — Report any actions taken to the OC Scene or Crime Scene Co-ordinator as appropriate.
Witnesses at the scene
The success of any serious crime investigation may well depend on the accuracy and completeness of the evidence gathered from witnesses. Witnesses should be treated professionally, isolated from one another and instructed not to discuss the incident.
Initial questioning of a witness
Initial questioning of a witness at the scene should be directed towards obtaining a brief account of what the person witnessed, bearing in mind they may be interviewed subsequently on a more substantial basis. As a minimum, the following points should be establishing using the investigative interviewing techniques (e.g. TEDS) outlined in the ‘Investigative Interviewing Witness Guide’:
What happened
Where exactly the incident happened
When it happened
Who was involved
What the witness did
Where the witness went
What the witness touched
Who touched the witness
Who else was present
Descriptions of those present
What did those other people present say/do.
Note: At an appropriate stage, witnesses should be taken to a Police station to be formally interviewed. If this is not practical, arrangements should be made for an appointment in the near future and a note made of their condition and any special interview requirements such as an interpreter or appropriate adult. Unless a person is arrested, their consent and co-operation will be required.
Obtaining forensic evidence from a witness at a scene
Some witnesses may have been so proximate to events, that it is likely evidence was transferred to the witness, from the victim, suspect or from the scene itself. Before the witness being interviewed, a plan must be prepared to preserve and recover all available physical evidence from the witness, such as fibres, body fluids, glass or other material. The investigation may need to negate issues as well as prove them and considering the forensic examination of witnesses as potential scenes, may provide the investigation the opportunity to achieve this.
Without adequate explanation, the witness may not recognise or understand the significance of the Police request for forensic examination; therefore tact and consideration are required from those tasked to recover such evidence.
Consider your warrantless powers to search people and vehicles for evidential material in respect of serious offences, pursuant to the Search and Surveillance Act 2012.
The plan to preserve and recover evidence from a forensically important witness should consider these issues, where applicable:
Immediate DNA swabs of any areas of the witness that the suspect may have touched.
Immediate DNA swabs of any blood present on the witness.
Immediate swabs of any other relevant stains present on the witness.
Forensic medical examination, i.e. fingernail scrapings, hair combing etc.
Seizure of clothing and footwear.
Seizure of any items of property touched by the suspect.
Where possible consider these points:
Avoid any potential cross contamination issues by arranging for witnesses who have been present at a crime scene, to use different vehicles and interview rooms to those used by other witnesses, the victim or suspect(s).
Photographing witnesses at the scene enables future identification of witnesses; for example to assist CCTV enquiries or for OC Witnesses use at court hearings.
Photograph any injuries suffered by witnesses.
Where witnesses have used electronic recording devices (mobile phones, cameras etc) at the scene of a crime, every effort should be made to obtain and download the images. By identifying, locating and interviewing witnesses at the scene, Police can obtain crucial eye witness accounts and also other sources of visual evidence.
The steps in the table below will assist in obtaining key material from witnesses.
Step
Action
1
Obtain full details of all persons present at the scene.
2
Assemble people in a clear area, ensuring a police officer remains with them.
3
If possible, isolate witnesses from one another to reduce the likelihood of contamination and/or collusion. Explain this rationale to the witnesses.
4
Identify witnesses and conduct a brief scoping interview, using open TEDS questioning. Include descriptions of other persons mentioned.
5
Establish whether any persons have left the area.
6
If the witness has made telephone calls from the scene, establish the numbers such calls were made from and to, and who answered. This may verify accounts and times.
7
Record registration numbers of nearby vehicles to establish which drivers/passengers may have been in the area.
8
Seize any CCTV relevant to the vicinity/routes to establish who may have been in the area at the relevant time.
Remember: A person reporting or who is present at an event, may be a significant witness or the suspect.
Suspects at the scene
If homicide or serious crime is suspected, the identification, apprehension and isolation of the suspect are a priority. It is important to remember if Police are informed of an incident shortly after it has occurred, the suspect(s) may still be in the area or likely to return to it during the initial response.
Locating the suspect quickly can provide the investigation with forensic and other evidence that may otherwise be lost.
Consider your powers under the Search and Surveillance Act 2012 to detain a person to determine if there is a connection between them and the scene.
Whether a person at the scene is cautioned or arrested will depend on the facts of each case. Advice should be sought from a supervisor, where necessary.
Procedure for suspects at the scene
Follow these steps if suspects have been identified at the scene.
Stage
Description
1
Separate suspects from other persons at the scene.
2
Consider the condition of the suspect, whether they are injured, under the influence of alcohol, drugs, or suffer from a medical or mental impairment or other special consideration.
3
Ask them to remain at the scene and to co-operate with police. As soon as possible, remove the suspect from the scene by consent or with lawful justification.
4
If the suspect refuses to co-operate, consider whether grounds exist to arrest them and what the most appropriate offence will be.
5
To prevent cross contamination issues, consider using officers who have not entered the scene to manage the suspect, if available.
6
If the suspect is . . .
then . . .
arrested or detained
caution the suspect.
not arrested or detained but Police want to question them and there is good cause to suspect they committed an offence
caution the suspect, where required.
If the caution is given before the suspect is arrested or detained, the advice must be repeated on arrest or detention.
a child or young person
caution, where required.
7
Consider searching the suspect and the suspect’s vehicle and belongings to prevent the disposal of evidence and for the searcher’s safety, pursuant to the Search and Surveillance Act 2012.
8
Consider searching the vicinity of the suspect and the area or route they are thought to have taken, in order to recover discarded or secreted evidence.
9
Note the suspect’s appearance and behaviour. For example: do they appear edgy, shocked or agitated? Are their clothes ripped and/or stained?
10
Record everything the suspect says and if appropriate, consider conducting a preliminary interview in accordance with the ‘Investigative interviewing suspect guide’.
11
Whenever possible, interviewing of suspects should be recorded on video in accordance with the ‘Investigative interviewing suspect guide’.
12
Brief the OC Investigation on their arrival, highlighting any significant risks surrounding cross-contamination or movement within or near the scene.
For further information on suspects, refer to the ‘Suspect /person of interest’ section in ‘Part 2 - Role of the OC Investigation in homicide and serious crime investigations’.
Media
If members of the media are present at the scene, keep them away from the immediate crime scene cordon and make no comment about the incident. Consult with the OC Investigation on arrival and explain what has happened, identify media members and where they are located.
For further information, refer to the chapters on ‘Media’.
Before leaving the scene
Co-ordination with others
At the earliest opportunity a sit-rep should be provided to the Emergency Communications Centre and where possible, the senior CIB member or GCSB supervisor who is likely to assume immediate control.
This will assist the immediate OC Scene as providing a sit rep requires an evaluation of what action has been taken and what is required. It will enable you to consider what evidence has already been gathered or identified and help to focus on prioritising any investigative issues.
OC Investigation and the initial response
The OC Investigation will generally arrive at the scene following the actions of the initial response members.
The OC Investigation will expect a briefing from the officer in initial charge of the incident, as to:
What has occurred?
What action has been taken?
What has not been done?
What needs to be done?
Important: All Police who initially attend the scene must record all information relating to their attendance, including their observations, their actions and any alterations made to the scene. Before finishing their duty shift, they must also submit a report to their immediate supervisor, who will forward the reports to the OC File. If they entered the scene a photograph, photocopy or print of their footwear must be provided and submitted with the other documentation. The OC Investigation may require Police who first responded to the incident, to attend a ‘hot debrief’.
The OC initial action may not ultimately be appointed as the OC Investigation and may hand the investigation over. The OC initial action may take up another position within the command structure, for example as the 2IC.
For further information, refer to ‘Part 2 - Role of the OC Investigation in homicide and serious crime investigations’.
Checklist for initial action at a serious crime
CAUTION
This is an operational Police document and some of its content may not be suitable for external dissemination or disclosure. If in doubt contact the Director: NCIG for guidance.
