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Investigations > Investigations > Flashcards

Investigations Flashcards

1
Q

Identification of homicide cases

A
  • 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.
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2
Q

VAWSEEPO

A

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).

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3
Q

What is an appreciation

A

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.

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4
Q

Benefits of an appreciation

A
  • 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.
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5
Q

Four steps of an appreciation

A
  1. Aim
    An aim is a short (one line) statement which succinctly demonstrates a single objective.
  2. Factors
    A factor is any circumstance or fact that could possibly have an effect on the manner in which you will achieve your desired outcome.
    Further risk to life, the location of possible suspects, resources available, evidence requiring preservation, the environment and weather conditions and history of the relevant parties are all examples of factors that may determine how actions are prioritised at the scene.
  3. Courses open
    Courses open are a list of all the possible ways the aim could be achieved, bearing in mind the factors and the deductions made from those factors.
  4. Plan
    A plan is a proposed course of action designed to put the selected course into action in order to achieve the desired aim.
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6
Q

Information from a complainant/informant

A
  • 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.
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7
Q

First priority of attending staff

A

The first priority will always be to ensure the safety of the attending Police members.

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8
Q

Victims medical status

A
  • Alive and uninjured
  • Alive but injured
  • Shows no signs of life
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9
Q

What should you do if victim may die

A

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.

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10
Q

What to do if victim shows no signs of life

A

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.

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11
Q

What factors may influence your decision around exhibits

A

Some exhibits may be fragile and easily destroyed or contaminated therefore weather conditions, temperature, public activity, animals or time may influence your decisions about what initial actions are required and their priorities.

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12
Q

Purpose of crime scene log

A
  • there is no unauthorised entry into the scene
  • integrity of evidence or potential evidence is secured
  • intelligence opportunities are maximised
  • contamination issues are managed.
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13
Q

Initial questioning of witnesses

A
  • 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.
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14
Q

What to do if media at the scene

A

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.

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15
Q

O/C Investigation briefing

A
  • What has occurred?
  • What action has been taken?
  • What has not been done?
  • What needs to be done?
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16
Q

Responsibilities of the OC Body

A

•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 have been 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 the mortuary
•complete sudden death procedures
•on authority of OC investigation, arrange formal identification of the body using form Pol 265A
•obtain historical medial records of victim for information of 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, again after the body is disrobed, and 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 to be taken, 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.
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17
Q

Crime scene attendance by Crown and pathologist

A

The OC Investigation will determine whether the pathologist and/or Crown Solicitor will attend the scene to view the body ‘in situ’, to gain an understanding and interpretation of the injuries.

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18
Q

Key areas of consideration for experts

A
  • photographs and/or video recordings taken at the scene
  • actions of the first responders
  • identity of the body
  • history of the body- including medical history, drugs found at the scene, action taken or developments since the discovery of the body
  • timeframes relating to the finding of the body, the last sighting and other significant times that may impact upon time of death
  • scope and priorities of the investigation
  • any special evidential expectations and requirements
  • environmental factors at the scene, i.e. weather conditions, ambient/historical temperature, nearby heating appliances, pollen influences
  • any other additional information received from other experts, as appropriate.
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19
Q

Appreciation prior to body removal

A
  • Notification to and response from, the Coroner
  • Views of the pathologist, ESR forensic scientist and Crown Solicitor attendingthe crime scene
  • Consultation with other relevant experts
  • Requirement for any examination or action needed before removal, based on known facts of the case
  • Best method and route for the body removal, to minimise contamination of the scene or the body, for example by using sterile stepping plates
  • Supervision of the body removal
  • Chain of custody of the body from the scene to the mortuary
  • Safe custody of exhibits
  • Family and/or cultural considerations
  • The appreciation should record the Standing Operating Procedures (SOP) for what and how items of protective clothing (e.g. paper suits, gloves and masks) must be used in relation to the scene and the body. Unless a specific reason exists to retain them, items of protective clothing should be placed in a bag and destroyed. The SOP for protective clothing used at a scene should be recorded once and thereafter scene staff may refer to the SOP, rather than recording every use or change of protective clothing.
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20
Q

If body has been moved

A
  • Do not attempt to restore the scene to its original unchanged condition.
  • Make enquiries to enable the original unchanged scene to be subsequently reconstructed and photographed, if required.
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21
Q

Samples at the scene

A
  • larvae and insects
  • potential fingerprint evidence from the skin on the body of the victim and/or items of clothing worn by the body, e.g. fine woven fabrics
  • DNA swabs
  • extraneous items such as loose hairs, fibres, glass, paint or other fragments
  • firearm residue samples.
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22
Q

Details of the body

A
  • Position of the limbs.
  • Appearance of the body.
  • Wounds and clothing.
  • Direction of any trails of blood present on the body.
  • Lividity, if present (coloration of skin due to gravitational movement of blood).
  • Extent of any rigor mortis present.
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23
Q

Responsible for body removal

A

OC Investigation

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24
Q

Appreciation prior to post-mortem

A
  • Identification of the body at the mortuary
  • Authority from the Coroner to conduct post-mortem
  • Consultation with the pathologist
  • Safe custody of exhibits
  • Identifying who should attend the post-mortem
  • Requirement for any specific need for examination or sampling based on the known facts of the case
  • Appropriate resources at the post-mortem, for packaging exhibits and taking photographs
  • Family and/or cultural considerations arising from the post-mortem
  • Any likely requirement for a second or subsequent post-mortem.
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25
Q

Post-mortem examination O/C Body responsibilities

A

The primary role of the OC Body during a post-mortem is to observe, document and deal with exhibits associated with the body, in a structured, methodical manner.

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26
Q

Purpose of a post-mortem

A

The primary reason for conducting a post-mortem examination is to establish the cause of death.
•determing where possible, the mode and time of death
•establishing how injuries and/or events at the scene may have contributed toward the death of the victim
•determining the nature and size of any weapon(s) used
•determining the approximate height and stature of the suspect
•providing areas of interest for subsequent interviews of witnesses and/or suspects
•negating possible defences
•identifying the victim, if identity has not been established.

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27
Q

Attendance at post-mortem

A
  • the pathologist
  • the Coroner
  • any other pathologist assisting (if authorised by the Coroner)
  • a doctor who treated the deceased
  • a doctor, nurse or funeral director representing the deceased (if authorised by the Coroner)
  • a doctor representing the interests of a suspect who has or may be charged in relation to the death (if authorised by the Coroner)
  • any other doctor or trainee doctor (if authorised by the Coroner)
  • Police
  • any other person authorised by a Coroner.
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28
Q

Taking exhibits to the mortuary

A

Items found at the scene which are relevant to the post-mortem examination may need to be taken to the mortuary or to the pathologist for inspection. The exhibit must be properly packaged to avoid contamination, but also be clearly visible.

To avoid any potential contamination, weapons must not be taken to the mortuary until after the post-mortem examination has been conducted. The OC Body must maintain the continuity of any exhibit used in this way.

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29
Q

On arrival at the mortuary

A

On arrival at the mortuary, the OC Body must:

  1. Ensure mortuary staff do not wash the body.
  2. Ensure the body is labelled and secured in the secure mortuary fridge.
  3. Retain any key used to secure the body, until it is required for the post-mortem.
  4. Ensure the body remains in its present condition until the commencement of the post-mortem.
  5. Arrange formal identification of the body.
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30
Q

Formal identification

A

The OC Body is responsible for arranging formal identification of the body and for obtaining a statement of formal identification.

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31
Q

Methods of identification

A
  • fingerprints
  • DNA profiling (identification results take 3-4 weeks or 48 hours for urgent analysis)
  • dental records, available through the Region Forensic Dentistry Advisor
  • eye examination records
  • medical examination records, including scars, birth marks, implants or prosthetics, x-rays, surgical wounds, amputations and tattoos
  • personal effects
  • facial reconstruction.
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32
Q

Information through skeletal remains

A

a pathologist, with the assistance of a forensic anthropologist, can usually provide information such as:
•Whether the remains are actually bones.
•Whether the bones are human.
•The age, gender, height and race of the person.

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33
Q

Briefing the pathologist

A

The pathologist must be supplied with relevant information and material, i.e.
•Copy of the Notification to the Coroner (Pol 47).
•Medical Examination (MEK) kit.
•Toxicology kit.
•Medical records of the deceased, where available.
•Comprehensive photographs and/or video recordings taken at the scene. These should include photographs of exhibits, weapons and the body ‘in situ’, which will benefit the briefing for the post-mortem, as well as the subsequent examination.

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34
Q

Stripping the body

A

The OC Body is responsible for securing all exhibits taken from the body, including the clothing, samples and all items of property associated with the body.

Stripping of the body will take place immediately before the post-mortem examination commences, but must only be undertaken on the specific direction of the OC Investigation, generally after a visual examination and collection of evidence from the clothed body has been completed.

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35
Q

Photographing the body

A
  • the body, before it is stripped
  • the body, after it is stripped
  • close up photographs of any wounds, marks, internal injuries and unusual features. These photographs must include a measuring scale placed in proximity to the feature being photographed, to make a permanent record of the dimensions of the feature.
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36
Q

Exhibits during post-mortem

A

The OC Body is responsible for recording, labelling, 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, without exception and will be recorded in a Scene Exhibits Schedule.

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37
Q

Action after the post-mortem

A

Any wet or damp exhibits must be unsealed and dried in a controlled environment such as at a Police drying room, with due regard for the integrity of the exhibit. Once dry, they can be re-packaged and re-sealed.

The OC Body must hand all exhibits to the OC Exhibits, in order to maintain an unbroken chain of exhibit continuity and security. They should also provide the OC Exhibits with:
•the post-mortem Scene Exhibit Schedule
•copy of the OC Body’s notebook entries
•formal statement.

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38
Q

Preparing the sudden death file

A
  • statement relating to the victim’s formal identification
  • copy of the Police form 47 (report for the coroner) or, in the case of a child under the age of 2 years, a Police form 47A (Sudden Unexpected Death in Infancy)
  • copy of Deceased Person Certificate (Police form 265)
  • copy of Deceased Person Identification (Police form 265A).
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39
Q

Second post-mortem

A
  • the pathologist is unable to determine cause of death in the initial post-mortem
  • a suspect’s lawyer seeks approval from the Coroner to conduct an independent post-mortem
  • the Solicitor General orders a further post-mortem, after an application to the High Court.
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40
Q

Role of the Family Liaison Officer (FLO)

A

The role of the Family Liaison Officer (FLO) involves the day-to-day management of the partnership between the family of the deceased and the Police investigation.
The FLO should normally report to the OC Investigation to ensure continuity of supervision.

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41
Q

Family Liaison Plan

A
  • 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 to and withheld from, the family
  • requests made by the family which have 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
  • liaison with Victim Support and other support services.
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42
Q

FLO welfare

A

The OC is responsible for regularly monitoring and supporting the health and welfare of the FLO and should be particularly aware of the dangers of working under high stress.

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43
Q

Exit plan

A

An exit plan must be developed before the FLO is deployed, and be communicated to the family at the commencement of the deployment. The exit plan will be determined and executed at the discretion of the OC Investigation, and should include plans for reactivation.

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44
Q

Term Family

A
  • includes partners, parents, siblings, children, guardians, whänau and any others who have had a direct and close relationship with the victim
  • includes ‘chosen’ family
  • should reflect the victim’s culture and lifestyle.
45
Q

Risk assessment of an FLO

A

Once family members have been identified, an appreciation or risk assessment must be conducted before the FLO can be deployed.
The OC Investigation must continuously review the appointment of an FLO and consider:
•the suitability of the officer for retention in the role
•whether additional FLOs should be appointed
•the needs and wishes of the family.

46
Q

Suspect within the family

A

The OC Investigation must review the plan regularly, which should consider:
•the FLO’s welfare and safety
•increased monitoring of the FLO’s work and interaction with the family
•the level of information disclosure to the FLO and, in turn, the family
•the process by which any intelligence that arises from FLO contact with the family will be managed
•the need for the FLO to be clear in their interactions with the family
•the importance of fully documenting all contact and interactions with the family
•the possibility of deploying a more experienced FLO if appropriate
•the deployment of a deputy FLO for corroboration issues in addition to supporting the principal FLO
•not using the FLO in any search or arrest of a family member
•investigative or evidential impact of deployment
•whether or not the FLO will reside with the family. This may be an option in cases of kidnap for ransom where Police negotiators are in contact with the suspect. Such a deployment must only be undertaken after a meticulous consideration of the safety of the FLO.

47
Q

Action on appointment FLO

A

Before meeting the family, which should occur as soon as possible, the FLO must:
•liaise closely with the OC Investigation regarding parameters of information to be shared with and/or held back from the family
•familiarise themselves with the enquiry
•familiarise themselves with all information established concerning the family, including known family composition or dynamics, cultural and lifestyle considerations, religious beliefs and communication requirements, e.g. language or disability
•familiarise themselves with available information and intelligence which could impact on the liaison role, such as previous Police involvement with the victim or family
•establish what contact the family has had with Police since the incident/death
•establish what information has been given to the family
•establish what information concerning the incident is already in the public domain.

48
Q

Witnesses within the family

A
  • whether due to the personal characteristics of the witness or the circumstances of the offending, the witness requires special consideration, as defined by the ‘Investigative interviewing witness guide’
  • the availability of the witness
  • any particular needs the witness has for assistance
  • the optimum approach to be taken when approaching and interviewing the witness.
49
Q

Record keeping

A

At the beginning of an enquiry the FLO must commence a dedicated notebook to record all contact with family/next of kin, intermediaries and other parties connected to the family.

50
Q

Communicating with the family

A

The conduct of the first contact with the family is vital in laying the foundations for a successful partnership. Contact must be honest and, as far as possible, open.

51
Q

Early issues for resolution

A
  • provide immediate appropriate information to the family concerning the death of the victim and explain to the family what happens next in respect of the body, e.g. the post mortem and Coroner’s processes
  • provide the family/NOK with the Coronial booklet “When someone dies” which sets out the rights of the family and explains the Coronial process. There is a 24 hour time frame for objection to a post mortem so the information contained in the booklet is critical to the Coronial process. The booklets are held by District Victim Support and can be downloaded at Coronial services of New Zealand
  • establish from family members any immediate evidence, information or rumors, which they may be aware of, so that this can be passed directly to the OC Investigation for urgent attention
  • act quickly and effectively informing the OC Investigation without delay should a family or individual express concern for their personal safety or have been subject to threats or intimidation and require Police protection or assistance
  • give or facilitate initial practical support for members of the family (eg. transport)
  • as far as possible, protect the family from unwarranted media intrusion
  • arrange temporary housing when the family home has been designated as a crime scene or a protracted search of the victim’s home is anticipated. Victim Support should be involved in this process
  • use their knowledge of the criminal justice system and Coroners processes to advise family members, as appropriate
  • where appropriate and on direction of the OC Investigation, arrange for the Crown Solicitor to meet the family to explain decisions taken.
52
Q

Victim impact statements

A

The statement must be available for sentencing and should be no older than 28 days at the time of sentencing.

53
Q

Viewing, identification and release of the body

A

Arrangements for the family to view the body may be undertaken by the FLO, or alternatively, by the OC Body or other person directed by the OC Investigation.
The family must be provided with as much information as possible about the condition of the body before viewing it.

54
Q

Sources of information

A 
People Data:
•friends
•colleagues
•partners
•associates
•online or social media contacts
•hobbies and habits
•travel movements
•people along the routes they were known to take
•customers or suppliers
•religious leaders or associates
•cultural associations
•other people that they come into contact with.
Passive data:
NIA
•CID
•medical history
•mental health records
•Human Source Management Unit (HSMU)
•landline telephone details and associated enquiries
•mobile telephone records
•Internet usage (ie. accounts with Internet service providers and use of social networks)
•vehicle details
•banking and other financial material
•diaries, letters and personal documents
•photographs and video footage belonging to family, friends and the victim
•passport and immigration data.
55
Q

Media prep for FLO

A
  • prepare the victim’s family for the anticipated level of media interest and provide them with a copy of the “Media information letter to family of the deceased” contained within ‘Part 7 - Media strategy for homicide and serious crime investigations’
  • establish the family’s views on any media appeals
  • request the family to nominate a spokesperson, at an early stage
  • consult the family before the release of personal details relating to the victim
  • where possible, provide copies of media releases to the family before distribution
  • inform the victim’s family of significant developments in the investigation before releasing such information to the media, where it is appropriate to do so
  • appraise the OC Investigation of media activity around the family
  • request approval from the victim’s family to release a photograph of the victim and where practical, respect their choice of photograph. It is important, however, for Police to make an objective appreciation of which photograph is most appropriate as the choice of photograph may influence public response. It is likely the media will attempt to obtain a photograph of the victim even if it is an old one that the family does not like, so it is good practice to obtain a recent photograph from the family and to secure their agreement for publication. Photographs may be given to the media representatives following consultation with the OC Investigation and Media Officer, on the condition they do not approach the family directly.
56
Q

Purpose of Area Canvas

A

Often links exist between the scene of a crime and the offender, victim and witnesses. A methodically conducted area canvass therefore presents a high likelihood of identifying or contacting the offender, an associate of the offender, significant witnesses, identifying evidence or exhibits and establishing significant facts.

57
Q

Responsibilities of OC Area Canvass

A

The OC Area Canvass reports to the OC Investigation and together must ensure the canvass is conducted thoroughly and recorded accurately. The OC Area Canvass must ensure the area canvass team remains focused and that the canvass results in efficient use of resources and the return of relevant and manageable information and material.

58
Q

Objectives of Area Canvas

A
  • identifying the offender
  • identifying and locating evidence, such as vehicles, discarded clothing, weapons and other articles
  • identifying witnesses
  • gathering information.
59
Q

Review of Area Canvas

A

An area canvass must be regularly reviewed as new evidence is gathered and amended accordingly. Subsequent canvasses of the same (or different) areas may be required as facts and circumstances change, and changes may be required to questionnaires used in subsequent canvasses. The ‘picture’ generated by a subsequent canvass should be compared to the original one, and any differences investigated, as necessary.

60
Q

Timing of a canvass phase

A

In some cases, the area canvass should be conducted at the same time as the original offence occurred, to capture people who regularly pass through that area at that time of the day, e.g. a homicide of a person in a park in the early hours of the morning.

61
Q

Risk assessment Area Canvas

A

Once the location parameters are set, intelligence systems should be analysed to establish whether there are any people or events in the area which those carrying out the enquiries should be aware of. This may include:
•violent offenders
•persons wanted by police for other crimes or wanted on warrant
•groups with particular linguistic or cultural needs
•local incidents or issues which residents may raise with Police.

62
Q

Monitoring progress Area Canvas

A

In addition, the OC Area Canvass should continually review completed canvass forms as they are submitted, in order to:
•evaluate the quality of completed work and provide quality assurance
•identify lines of enquiry to be highlighted to the 2IC
•monitor ongoing progress of the canvass
•facilitate the detailed recording of progress.

63
Q

Debriefing Area Canvas

A
  • key locations where door to door enquiries have been undertaken
  • parameters of initial Police activity
  • what questions were asked and any perceived issues from the respondents
  • what records have been completed
  • who has been spoken to at what address
  • whether personal descriptions been taken of persons seen
  • whether NIA/Intelligence checks been completed in respect of persons seen
  • relevant information provided by persons seen
  • any intelligence obtained
  • whether persons have a credible alibi
  • whether witness interviews have been conducted and/or statements taken for persons providing evidence
  • details/locations of vehicles owned by persons interviewed
  • details of other persons who live or were present at the premises
  • identity of any suspects
  • details of premises where there was no response
  • confirmation that all notebooks of staff members involved in the area canvass are accounted for
  • whether any issues arose that could improve future performance in canvass enquiries.
64
Q

Final report Area Canvas

A

At the conclusion of the area canvass the phase OC must submit a report to the OC Investigation outlining the circumstances of this particular aspect of the investigation. The report should include; a summary of all action taken, any significant findings highlighted and attention drawn to any action that has been undertaken which was outside of the original phase strategy.

65
Q

Completion of Area Canvas

A
  • conduct a debrief of canvass staff
  • ensure all questionnaires are reconciled with the master list
  • ensure all staff notebooks are accounted for
  • submit a report to the OC Investigation, detailing the results of the area canvass.
66
Q

What action should be taken around Police who have first contact with witness

A

Police who have first contact with the informant should be debriefed and a full record made of their account. This record could become crucial if the informant is later identified as a suspect. In some circumstances, consideration should be given to interviewing such officers as investigatively important witnesses.

67
Q

Identifying witnesses

A
  • Viewing CCTV
  • Media releases and appeals
  • Area canvass
  • Interviews with victims and other witnesses
  • Suspect interviews
  • Anniversary appeals
  • Road check points.
68
Q

Witness as a scene

A

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 a witness is interviewed, a plan must be prepared to preserve and recover all available physical evidence from the witness including DNA, fingerprints, clothes, footwear, fibres, body fluids, glass or other material.

69
Q

Preliminary witness interviews

A
  • early identification or arrest of a suspect
  • recovery of evidence or information relevant to the offence
  • prevention of the imminent disposal or destruction of evidence connected to the investigation
  • prevention of the commission of other offences.
70
Q

Preliminary witness interviews should be

A
  • conducted in accordance with the Police Manual chapter ‘Investigative Interviewing Witness Guide’
  • limited to using appropriate open ‘TEDS’ questions ie. tell me, explain, describe, show, to establish sufficient information to immediately progress the enquiry
  • framed to elicit a brief account of the events witnessed, including where and when the event is alleged to have taken place and who was involved or present.
71
Q

Initial witness assessment

A
  • whether due to the personal characteristics of the witness or the circumstances of the offending, the witness requires special consideration
  • availability of the witness
  • any needs the witness has for special assistance
  • the optimum approach to be taken with the witness.
72
Q

Witness interview plan

A
  • the time and location of the interview
  • the amount of information to be disclosed to the interviewer
  • setting interview objectives
  • supporting the interview, for example, employing an interview monitor
  • the structure of the interview, i.e. whether the interview will be recorded on video, audio, or written (this will depend on information established about the witness and the offence)
73
Q

Witness intimidation

A

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.

74
Q

Witnesses who decline to be interviewed

A

Investigators should promptly bring to the attention of the OC Investigation, the details of any witness who has been spoken to but who has declined to be interviewed. The investigator should outline the details of any information the witness has provided and copies of any notes made.

75
Q

Reluctant/unco-operative witnesses

A

Persons, who are believed to have witnessed an offence, part of an offence or events closely connected with it, may be reluctant to become involved in the investigative process for a number of different reasons. Advice should be sought from the phase OC or OC Investigation as to how to proceed with such witnesses.

76
Q

Alibi witnesses

A
  • make enquiries to determine the veracity of the alibi
  • conduct inquiries as directed by the OC Investigation and the Crown Solicitor including NIA checks on the alibi witness
  • forward the results of these enquiries to the Crown Solicitor, including any statements obtained.
77
Q

OC Suspects is responsible for

A
  • obtaining information about suspects and persons of interest, as they are identified by the OC Investigation
  • thoroughly profiling and investigating all suspects and persons of interest to enable the OC Investigation to establish their involvement in the offence or eliminate them from the inquiry
  • seeking evidence to cover all elements of the offence(s)
  • mitigating and dealing with possible defences that may be raised, where appropriate
  • providing a basis for further investigation.
78
Q

Determining status of suspects

A

Responsibility for determining the status of a person within the investigation whether as a suspect, person of interest, witness or victim rests with the OC Investigation.

79
Q

Briefing the Suspects Team

A
  • the circumstances of the offence including an analysis of the scene and witness evidence available
  • the full details of all persons of interest and any suspect, where the identity of suspects are known
  • details of any descriptions of the suspect provided by witnesses (a schedule of descriptions may be prepared to assist)
  • whether any particular modus operandi/crime signatures have been identified.
80
Q

Preparing to interview a suspect

A
  • liaise with the OC Investigation regarding selection of the interviewer, including whether a Level 2 or Level 3 trained interviewer should be used
  • consult with the OC Investigation regarding the most appropriate mode of recording the interview, usually on video
  • establish, in consultation with the OC Investigation, the status of the person as a witness, person of interest or suspect. This status will determine whether the interview is to be conducted under caution and the interviewee advised of their rights
  • consider whether the person requires special consideration, for example due to linguistic, cultural, or religious factors, or medical condition, impairment or disability. Refer to ‘Interviewing special consideration suspects’
  • consult with other interviewing experts or legal advisor, if required
  • ensure the interviewer is fully briefed
  • ensure the interviewer is familiar with the procedures outlined in the Investigative interviewing suspect guide
  • discuss with the interviewer the elements that need to be established, the suspect’s background, and possible alibis and motives
  • ensure that the inteviewer has prepared a detailed interview plan. Refer to the Police Manual chapter ‘Investigative interviewing suspect guide’ under ‘Planning and preparation’.
81
Q

Interviewing

A
  • the interview is conducted in accordance with the ‘Investigative interviewing suspect guide’
  • the interview is monitored by a supervisor or experienced Detective to ensure that all key points and areas are covered
  • ensure an explanation is sought from the suspect in relation to any exhibits found.
82
Q

Arrest of a Suspect

A
  • ensure suspects are isolated from each other, where there is more than one suspect
  • ensure that each suspect arrested is advised of their rights in accordance with the Bill of Rights Act 1990
  • in the case of a juvenile suspect, consider and address Police obligations under the Children, Young Persons, and Their Families Act 1989
  • consider executing a search for evidence of the suspect’s person, vehicle, home and workplace. Ensure any search of the person of a suspect or their belongings is conducted under a legal authority i.e. a warrantless search pursuant to the Search and Surveillance Act 2012 if appropriate, or under search warrant. Refer to ‘Executing Search Warrants’ in this part.
83
Q

Medical examination

A

•note any injuries, such as scratches or bruises
•take samples identified as necessary by the OC Investigation using a specialist Medical Examination Kit, including: ◦blood
◦saliva
◦head hair
◦pubic and body hair, if relevant
◦fingernail scrapings
◦swabs of the suspect’s hands or other relevant areas

  • swab the suspect’s hands for firearms residue using a specialist Firearms Detection Kit, as soon as possible where a firearm has been involved in an offence. Such residue may persist on the hands or clothing of a suspect for up to three hours. Refer to the Police Manual chapter ‘Firearm Discharge Residues’.
  • provide a professional opinion regarding the condition of the suspect.
84
Q

Medical examination by force

A

Where a suspect refuses to allow a search to be conducted under section 88 of the Search and Surveillance Act 2012, for evidential material that is reasonably believed to be on the outside of the suspect’s body

85
Q

Documentation when arrested for homicide

A

NIA entry.
•Message to the Deputy Commissioner, Operations by completing an update on the Serious Incident Report database.
•Cancellation of NIA ‘wanted’ references.

86
Q

Disclosure Managers should be guided by these principles

A
  • The governing principle of disclosure is relevance. All relevant material contained on an investigation file is discoverable, unless withholding or deletion of the material is justified under sections 16, 17 or 18 of the Act.
  • There is no obligation to acquire, for the purpose of satisfying disclosure obligations, material that is not already in police possession or control, or that is not held in recorded form. Section 15 of the Act refers.
  • Disclosure is an on-going process and the reasons for withholding a document should be continually reassessed. In the event that the justification withholding no longer exists, the material should be provided to defence counsel.
  • The disclosure process must be auditable, accountable and record disclosure decisions that are made in relation to a particular document.
  • Effective file management systems are critical to the success of the disclosure process, i.e. you cannot disclose a document if you do not know that it exists.
87
Q

Role of the Disclosure Manager

A

disclosure material to be provided to defence counsel within very short timeframes so it is not feasible to implement a disclosure system retrospectively, i.e. some time after an investigation has commenced. To meet the requirements, it is important a Disclosure Manager is appointed at the outset of the investigation.

The Disclosure Manager (in consultation with the 2IC) must assess the amount and type of material to be disclosed and determine whether timeframes will be complied with. If it becomes evident these timeframes will not be complied with, the Disclosure Manager must liaise with the 2IC and the Crown Solicitor/Police Prosecution Service, to make an application for an order to set out a timetable for disclosure pursuant to section 32 of the Act.

88
Q

Initial actions Disclosure Manager

A
  • read the Disclosure Managers desk file
  • access the current Serious Crime Template downloaded to the local district shared drive, for use during the investigation
  • report to the 2IC to receive a briefing, tasking, establishing what information is and is not discoverable, and ongoing supervision.
89
Q

Key responsibilities Disclosure Manager

A
  • ensure all relevant and discoverable material is provided to defence counsel
  • ensure all relevant and non-discoverable material is identified, listed and defence advised
  • continually assess the risk to ensure that non-discoverable material is identified and not disclosed
  • continually review to ensure that ongoing lawful justification to withhold exists for each document that is withheld
  • ensure that robust auditable systems are employed to record disclosure decisions and actions (this includes compiling and maintaining the Disclosure Index)
  • manage disclosure timeframes within the provisions of the Act, or as otherwise directed by the Courts
  • retain and file all correspondence with defence counsel, both incoming and outgoing, in the 50000 series document category
  • create a record in NIA of the fact of disclosure against the charge(s), and make a brief record of delivery of initial disclosure in NIA. Record in NIA that the Disclosure Index is held in the operation file and the location of that file - e.g. File Path Name
90
Q

More recently, section 10(4) of the Act provides that disclosure may be supplied…

A

More recently, section 10(4) of the Act provides that disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time of the request, provided this will be readily accessible to the defendant.

91
Q

Disclosure material copy

A

An exact (duplicate) copy must be produced and retained of all material provided to defence, in either electronic or hard copy format.

92
Q

Crown disclosure

A

The Crown should be provided with an identical copy of all material that is disclosed to defence counsel. The Crown should also review an un-edited copy of the material, where appropriate.

93
Q

10000 series documents

A
  • Formal Statements, briefs of evidence and witness statements
  • Visually Recorded Interview (VRI) transcripts
  • Convictions of prosecution witnesses relevant to credibility
  • Summaries of facts
  • Notebook entries
  • Job Sheets
  • Specialists reports
  • Expert evidence in the possession of the prosecution.
94
Q

50000 series documents

A
  • Search warrant applications
  • CHIS Information Reports
  • analytical material - charts, schedules etc
  • Operation Orders / briefing material
  • conference notes
  • notes in relation to covert investigative techniques
  • surveillance device warrant (interception) applications
  • material that is commercially sensitive
  • material regarding alibi enquiries
  • internal Police reports and instructions.
95
Q

Managing emails

A

Email messages sent to or from the Crown Solicitor, Crown Law or Police Legal Section are privileged communications and must not be disclosed.

96
Q

Purpose of O/C Exhibits

A

OC Exhibits is responsible for establishing and maintaining exhibit management systems and for maintaining the physical security and continuity of all exhibits. Their duties will culminate in the provision of an accurately recorded exhibit package and the availability of exhibits as required throughout the Court process.

97
Q

Safe storage of exhibits

A
  • the exhibit label contains the exhibit number and the name of the operation. Other details such as a description of the item, the details of the person finding it, the time, date and location are recorded on the Scene Exhibit Schedule, as downloaded from the Serious Crime Template.
  • the property is correctly packaged and sealed, and the exhibit label is visible and secured on the outside of the package
  • any prompt action necessary to preserve the exhibit has been taken, for example, drying wet or bloodstained clothing in an appropriate drying facility. The OC Scene, OC Exhibits and where necessary ESR should be consulted as necessary. For guidance, refer to the ESR Forensic Evidence Guidelines.
98
Q

Forensic Strategy meetings

A

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

99
Q

Ensure any exhibits identified for forensic examination are prepared before being delivered

A
  • all items are separately wrapped
  • all parcels are sealed
  • all items or their packages are labelled and numbered
  • a list of all items is attached to the Police Form 143
  • the Police Form 143 is consistent with the labels on the items
  • items are in an appropriate condition, for example, clothing is dry and blood samples are refrigerated.
100
Q

The OC Exhibits must ensure the Police Form 143 contains

A
  • brief circumstances of the case
  • purpose(s) of the examination
  • location where each item originates from e.g. from a particular scene, victim, witness or suspect
  • whether any exhibits are damp or require special attention
  • authorisation by the appropriate supervisor.
101
Q

Preparing for trial Exhibits

A

The OC Exhibits is responsible for arranging the transportation of exhibits to and from Court, for their security at the venue and for their production, as directed by the Prosecutor.

102
Q

The chain of custody

A

The chain of custody includes every individual who has had custody of an exhibit, from the time it was first discovered until the time it is produced in Court. It is used to demonstrate the integrity, and therefore admissibility, of exhibits.
While an exhibit was under their control, each person with custody of the exhibit must be able to demonstrate:
•when they received custody of the exhibit and from whom
•where and how the exhibit was securely stored
•when, why and how the exhibit was moved from one place to another
•how the exhibit has been treated, safeguarded and preserved
•when and why they transferred custody of an exhibit to another person, and to whom.

103
Q

Exhibit numbering Purpose

A
  • be consistent
  • allow delegation of exhibit numbers to staff who will utilise them
  • cope with multiple scenes
  • be compatible with technology, allowing searching to be conducted using exhibit numbers
  • encompass all exhibits, e.g. Medical Examination Kits (MEKs), documents, reference blood samples and photographs sent to ESR.
104
Q

Five digit number ranges

A

Admin 10000

Victim 15000

Witnesses 20000

Area Canvass 25000

Scenes 30000

Suspects 70000

105
Q

Scene Exhibit Schedule

A
  • exhibit number
  • detailed description of the exhibit
  • name of the operation
  • location of the scene
  • exact location where the exhibit was found, at the scene
  • name of the finder
  • date and time it was seized
  • relevant signatures.
106
Q

Who should you advise if you have prior commitments

A

2IC at the earliest opportunity

107
Q

Two key tasks

A

 gathering and preserving evidence, and

 documentation

108
Q

Maintain high standards

A

 have an investigative mindset
 have the ability to apply the Appreciation Technique to think through issues to ensure the best possible course of action is followed
 always consider how your decisions will look under cross-examination 18 months later in the High Court when the case proceeds to trial
 pay meticulous attention to detail
 carry out your assigned tasks efficiently
 value the importance of professionalism, integrity and objectivity in conducting investigations
 have good communication skills (written and oral), and
 work as a team

109
Q

Team conferences

A

 keep all members of the team up to date with developments in the enquiry
 give team members the opportunity to exchange views and pass on important information
 give the 2IC the opportunity to pass on instructions to staff on file management and other administrative matters
 give the officer in charge the chance to brief the team on important investigative topics, priorities and which lines of inquiry to follow

Investigations (1 decks)

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