Investigation Guidelines

Question 1

Oranga Tamariki timeframes for DCPT matters

Answer 1

Oranga Tamariki timeframes
These are the categories used by Oranga Tamariki.

Critical
24hrs
No safety of care identified: mokopuna is at risk of serious harm, and requires immediate involvement to establish safety.

Very urgent
48hrs
At risk of serious harm but has some protective factors present for the next 48 hours. However, as the present situation and/or need is likely to change, high priority follow up is required.

Urgent
7 days
At risk of harm or neglect and the circumstances are likely to negatively impact on mokopuna. Options of safety and supports have been explored but remain unmet. Vulnerability and pattern exists which limits the protective factors.

Question 2

Timeframes for ASA matters

Answer 2

Acute within seven days of the sexual assault

Non-acute at seven or more days after the sexual assault, but before six months

Historic after six months of the sexual assault

Question 3

Key process points in the ASA investigation

1 Initial actions on contact

Answer 3

Brief details of the complaint are obtained to determine initial actions. Conduct these where necessary.

Question 4

Key process points in the ASA investigation

2 Case Referral

Answer 4

Incident is referred as soon as possible to the CIB and an ASA investigator. The investigator shall ensure that the complaint is entered into NIA as soon as practicable (see the National Recording Standard) and update case records as the investigation progresses.

Question 5

Key process points in the ASA investigation

3 Providing specialist support

Answer 5

Where the victim consents, arrange for a specialist sexual assault response person to provide support.

Question 6

Key process points in the ASA investigation

4 Prliminary interview

Answer 6

A CIB member or ASA investigator undertakes a preliminary interview of the victim.

Question 7

Key process points in the ASA investigation

5 Information feedback

Answer 7

Whenever possible, and as soon as practicable, the victim is informed as to investigative findings and decisions.

Question 8

Key process points in the ASA investigation

6 Medical examination

Answer 8

Organise a medical examination as soon as possible in appropriate cases. This is especially important in acute reports (reported within 7 days of the assault) or suspected drug facilitated sexual assault.

Question 9

Key process points in the ASA investigation

7 Formal interview

Answer 9

Formally interview the victim (VRI)

Question 10

Key process points in the ASA investigation

8 Investigation and evidence assessment

Answer 10

Complete case investigation plan (CIP) and keep it updated. Re-assess investigation and commence or continue investigation phases, such as scene examination, witness and suspect enquiries.

Question 11

Key process points in the ASA investigation

9 Resolution options

Answer 11

Consider options for resolution including prosecution.

Question 12

Key process points in the ASA investigation

10 Prosecution

Answer 12

Follow standard file preparation and prosecution procedures. Ensure support for the victim and keep them informed about prosecution-related matters, e.g. bail. Connected areas around prosecution matters.

Question 13

Key process points in the ASA investigation

11 Final actions and record keeping

Answer 13

Final actions on case conclusion and ensuring accurate and detailed records and statistics of sexual assault offences are held by Police.

Question 14

Key process points in the ASA investigation

12 Prevention opportunities and responsibilities

Answer 14

Prevention opportunities and responsibilities
Consider what can be learnt from an investigation regarding prevention or educational opportunities or process enhancement.

Question 15

Things to advise Medical Practitioner for MEK

Answer 15

• advise the age and gender of the victim as this may impact on the practitioner’s suitability
• advise when the sexual assault is believed to have occurred
• give a very brief outline of the information known so far, including whether drugs may be involved and details of the victim’s injuries, level of intoxication or other known health concerns
• if relevant, discuss the victim’s wishes about gender of the examining practitioner
• when necessary, discuss whether a child’s sexual assault complaint should be investigated using the adult sexual assault procedures (or vice versa).

Providing this information will allow the practitioner to assess:
•the best timing and approach for the examination
•how to best meet the victim’s wishes regarding the examining practitioner’s gender (e.g. could the examination be delayed without compromising the evidence or the victim travel to another centre for examination by a practitioner of the preferred gender?)

Question 16

Things to avoid before MEK

Answer 16

• eating or drinking
• going to the toilet (if necessary, use a toxicology kit to capture urine and ask victims not to wipe)
• washing or showering
• washing their hands or biting their fingernails
• changing clothing
• smoking
• brushing or combing hair
• brushing teeth or rinsing their mouth.

Question 17

What is the purpose of a prelim interview?

Answer 17

For investigators to gain a better understanding of what has occurred and to establish:

• brief outline of facts
• victim safety
• public safety
• urgent investigation needs, considering:
  
  • potential for loss of evidence
  • medical circumstances
  • suspects likely actions