Notes Flashcards
The primary functions of initial Police responders at a serious crime scene:
- Attend the scene at an early stage
- Take control of the situation
- Co-ordinating tasks
Benefits of an appreciation:
- Informs all Police what they are expected to achieve
- Increases the chances of success (investigative aims/objectives are 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
Adopting an investigative mindset:
Police’s purpose is always toinvestigation and continually reviewed death.
Risk assessment:
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.
At hospital - dying declaration:
May be admissible as hearsay evidence under section 18(1) Evidence Act 2006.
To be admissible under section 18(1)(a), the court must be satisfied that both the content of the statement and the person who made it, are reliable.
The circumstances to consider under section 16(1) 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
- circumstances relating to the accuracy of the observation of the person
Initial action to preserve a scene:
IDENTIFY
consider possible approach paths and establish a CAP.
SECURE
PRESERVE
Best path into the scene.
Record any movements/action taken in the scene.
Ensure nothing is touched/moved.
Consider stepping plates.
Be prepared to take immediate action to preserve/record evidence that may change if nothing is done.
CONSIDER
If initial photographs of the scene and persons present are necessary.
RECORD
The integrity of the scene by establishing/maintaining a crime scene log of movements, names, times and reasons for entry.
Observe/record full notes of precise details of the scene.
Complete a scene sketch.
Photograph the scene/consider video recording.
ID anything which is moved, noting the original and eventual positions.
Make an accurate record of these facts and report them to the OC Investigation at an early stage.
Suspects at the scene
If homicide or serious crime is suspected, the identification, apprehension and isolation of the suspect are a priority.
Media
If 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.
Homicide And Serious Crime victims
It is the responsibility of the OC Investigation to:
- notify the Coroner early of the death
- arrange the post-mortem exam, in consultation with the Coroner
- consult the Pathologist before the PM commences, regarding the relevance and benefit of conducting x-ray or CT/CAT scans of the body
Establishing if the body has been moved
Where the body has been disturbed:
Do not attempt to restore the scene to its original unchanged scene to be subsequently reconstructed and photographed, if required.
Recording details and removing the body.
1) Record the position of the body
2) Mark and record the position of the body
3) Record all details of the position of the body, including:
PAWDLE
4) Consider health risks
5) Cover the hands, feet and head with paper bags
6) Ensure clothing on the body is not contaminated by contact with foreign objects.
PM exam
The primary role of the OC body during a PM is to observe, document and deal with exhibits associated with the body, in a structured, methodical manner.
Purpose of a PM
Primary reason to conduct a PM is to ESTABLISH CAUSE OF DEATH.
The Pathologists findings will provide further info to drive the investigation which may include:
- 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/size of any weapon(s) used
- determining the approximate height/stature of the suspect
- providing areas of interest for subsequent interviews of witnesses and/or suspects negating possible defences
- ID the victim, if ID not already established
Police who should attend PM
- OC Investigation
- OC Body
- a member specifically designated as exhibits officer for PM, if required
- Police photographer
- SOCO or FP officer, if required
SEEK AUTHORITY FROM THE CORONER:
- ESR scientist
- Crown Solicitor
Maori Culture
In the case of a homicide or serious crime involving a Maori victim, an Iwi liaison officer must be engaged as early as possible.
Formal ID
The OC Body is responsible for arranging formal ID and for obtaining a statement of formal identification.
If possible this should occur before the PM but may not always be possible due to a risk of contamination or because the PM will take place in a different geographical area to the one where the body was discovered.
ID will also be impractical after the body has been sealed in a body bag
IT IS IMPORTANT THOSE CARRYING OUT THE FORMAL IDENTIFICATION ARE FULLY INFORMED WHAT IS REQUIRED OF THEM AND WHAT THEY SHOULD EXPECT TO SEE WHEN THEY VIEW THE DECEASED, PARTICULARLY AFTER A POST-MORTEM EXAM HAS TAKEN PLACE.
Information through skeletal remains.
The pathologist, with assistance from a forensic anthropologist, can usually provide information such as:
Whether the remains are actually bones.
Whether the bones are human.
The age, height and race of the person.
Role of the FLO.
The role of the FLO involves the day to day management of the partnership between the family of the deceased and the Police investigation.
The primary function of an FLO is that of an investigator and not a support person. However, in performing this role, the FLO must also offer, facilitate and co-ordinate support that addresses the needs of the family.
Family liason plan
A dynamic process which must be reviewed in consultation with the FLO, at regular intervals. The plan should be recorded and consider:
- selection of the FLO and criteria employed for the selection
- exit plan for the FLO
- objectives of the family liaison
- assessing the most appropriate methods of conducting interviews with family members, including the use of specialist interviewers, where appropriate
- information to be released 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 Investigations actions 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
Cultural liaison
The FLO should identify the cultural origins of the victims family and ensure they are familiar with relevant cultural beliefs and protocols.
Action on appointment as an FLO
Normally responsible for profiling the victim, preparing a family tree and gathering all relevant information from the family.
The purpose of an area canvass
A methodically conducted area canvas 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.
Reconnaissance (area canvass)
The OC Investigation, OC Area Canvass and OC Suspects should attend the external/general scene as soon as practicable.
Conduct an appreciation and set the parameters and objectives of the canvass.
Identifying location parameters
Specialist Police units (e.g. Criminal Profiling Unit or criminal or geographic profilers) may be consulted to assist with setting parameters or identifying locations where suspects are likely to frequent or to reside.
Risk assessment (area for canvas)
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.
Resources and canvas tools
- street maps
- aerial photographs that show houses and the location of sections
- geological information
- local council records
- any other applicable references
Monitoring progress (area canvass)
Master record of ongoing progress maintained by OC Area Canvas, showing:
- which addresses have been visited
- which occupants interviewed
- documentation completed
- any relevant comments made
Other area canvas options to consider
Use of:
- media
- poster campaign
- mail drop
- high profile Police presence, using a caravan
Final report (area canvas)
Phase OC to submit a report to the OC Investigation.
Report should include:
- summary of all action taken
- significant findings
- attention drawn to any action that has been undertaken which was outside of the original phase strategy.
Witness management - the informant
Consider interviewing Police who have first contact with an informant as investigatively important witnesses.
Preliminary witness interviews
Consider when:
- 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
Appointment of an interviewer
Issues to be considered:
- the level of training of the interviewer
- the level of experience the officer has in interviewing witnesses in major investigations
- any additional skills the interviewer has
- the suitability of the officer to undertake the interview
Police responsibilities to witnesses;
FLO is responsible for:
- maintaining contact with victims family.
OC Witnesses and 2IC Investigation are responsible for:
- ensuring attendance at court
- briefing on court proceedings
- be mindful about witness intimidation
- witness order (e.g. OC Exhibits gives evidence first to introduce exhibits)
- witness media interest letters
- witness control
- no contact with jurors
- not to discuss case in public areas while waiting to give evidence
- not discuss case with witnesses waiting after they give evidence - refreshing memory with previously signed statements or interview transcripts
Alibi witnesses
Notified under S22 of the Criminal Disclosure Act 2008.
Only to be interviewed under the direction of the Crown Solicitor.
When particulars of alibi witnesses are notified concerning a matter of which proceedings have commenced, the investigator must:
- make enquiries to determine the veracity of the alibi
- conduct inquiries as directed by the OC Investigation and the Crown Solicitor (including NIA)
- forward results and any statements obtained to the Crown Solicitor
Role of the OC Suspect
Purpose:
The OC Suspects is responsible for supervising the members of the Suspects Team for the purpose of:
MOST
MITIGATE and deal with possible defences
OBTAIN info about suspects and POIs
SEEK evidence to cover all ingredients
THOROUGHLY profile and investigate suspects and POIs to establish their involvement or eliminate
Provide a basis for further investigation
Determining status of suspects
Rests with the OC Investigation
Briefing the Suspects team
Initial briefing should encompass:
- circumstances of the offence including an analysis of the scene and witness evidence available
- full details of all POIs and any suspect, where known
- details of any descriptions of the suspect provided by witnesses
- whether any particular MO/crime signatures have been identified
Determine investigation priorities
Investigate all suspects thoroughly in order of priority.
Aspects that might influence priority:
- the relative weight of evidence against a person or the likelihood of their leaving the area
- any particular urgency in solving the case or availability of staff
Suspects must be investigated in order of priority
Medical examination
The Doctor must:
- note any injuries
- take samples as deemed necessary by the OC Investigation using a specialist MEK, including:
Blood
Saliva
Head hair
Pubic and body hair, if relevant
Fingernail scraping
Swabs of the suspect’s hands for firearms using a specialist Firearms Detection Kit, if a firearm had been involved. (Residue may be present for up to three hours)
Provide a professional opinion regarding the condition of the suspect
Records any explanations or comments made by the suspect about the offence or the cause of any injuries. Photos of the suspect and any relevant marks or injuries must be taken
Suspect Alibis
It is the responsibility of the OC Suspects to make thorough enquiries to determine the veracity of the alibi and to fully report the result of these enquiries to the Crown Solicitor, via the 2IC
Setting up the investigation headquarters
The file manager (where there is no logistics manager), must liaise with the 2IC to establish the requirements for the Investigation HQ, including:
- location
- office support staff
- transport
- equipment
- communications
- ICT requirements
Communication flow
The file manager must assist the 2IC to prepare daily bulletins/sitreps, Police and special notices, organisational charts and daily rosters and ensuring these are well-displayed within the Investigation Headquarters, preferably on a notice board.
Initial action on appointment as disclosure manager
- read the DMs desk file
- access the current SCT downloaded to the local district shared drive
Report to the 2IC to receive a briefing, taskings, establishing what information is and is not discoverable, and on-going supervision.
Disclosure Manager responsibilities:
- ensure all relevant and discoverable material is provided to defence counsel
- ensure all relevant and non-discoverable material is identified and advised
- continually access 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 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 50,000 series document category
- create a record in NIA of the fact of Disclosure, make a brief record of delivery of initial disclosure in NIA. Record file path name.
Defence counsel
All comms with defence counsel should be conducted through 2IC, or Crown Solicitor where engaged.
When legal counsel is engaged Police have an obligation to ensure the replacement counsel is provided with all material previously disclosed.
This may be achieved by obtaining confirmation in writing from the replacement counsel that they have received all material previously disclosed or by providing a fresh copy to the replacement counsel.
S10(4) of the CDA08 provides that disclosure may be supplied in whatever form the person disclosing it, holds at the time of the request. Provided this is readily accessible to the defendant.
Crown Disclosure
Crown should be provided a copy of all material disclosed and should review an un-edited copy. The file manager should remain in control of the material being reviewed.
Appointment of exhibit manager
OC Exhibits should be suitably qualified in terms of training and relevant experience. In a Homicide investigation it is recommended that the OC Exhibits is a qualified Detective preferably with previous experience in:
- mass exhibit handling
- forensic principles
- approved procedures for packaging and security of evidence
- managing contamination and cross-contamination issues
- use of standardised documentation contained in the SCT
Responsible for exhibits from when they are found through until they are prepared for court.
Purpose of OC Exhibits
Responsible for establishing and maintaining exhibit management systems and for maintaining the physical security and continuity of all exhibits.
Duties will culminate in the provision of an accurately recorded exhibit packages and the availability of exhibits as required through the court process.
An appreciation of exhibits may be conducted to establish:
- evidential value of each exhibit
- investigative opportunities presented by each exhibit
- further enquiries that are needed
The OC Exhibits is responsible for:
Establishing required standards for the recovery, labelling, storage, submission to experts, presentation at Court and disposal of exhibits.
Safe storage of exhibits
- no exhibits should be taken into the Investigation HQ
- a secure room should be available for exclusive use by the OC exhibits
Examination of exhibits
The OC Exhibits will determine, plan and record the examination and interrogation of every exhibit and establish it’s relevance to the investigation.
Developing a forensic strategy
The strategy must be approved by the OC I throughout the investigation to keep abreast of any developments
Topics covered during a FSM
- what examinations ESR and others could conduct on exhibits
- the priority each exam should receive
- whether any further work is needed to assist the reconstruction
- an agreed reconstruction of the events relevant to the crime under investigation
All decisions and priority should be recorded on the Exhibits Register
Results of exhibit examinations
Must be recorded on the Exhibits Register with the results of the examinations. The OC Exhibits should bring such information to the attention of the OC Investigation.
Preparing for trial
OC Investigation along with OC Exhibits must decide which exhibits are:
- relevant
- determine the significance of any forensic examinations
- establish the most appropriate manner in which exhibits and examination results are to be presented at trial
Chain of custody
Includes every individual who had custody of an exhibit from the time it was first discovered, until it is presented in Court.
Used to demonstrate the integrity, and therefore admissibility, of exhibits.
Normally achieved by referring to the:
Scene Exhibit Schedule
SOPs
Chain of custody forms
A chain of custody form can also be used to record the physical location where an exhibit is stored
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
Exhibits register
Is an electronic document which forms the master record of every exhibit obtained during an investigation.
Only the OC Exhibits and the typist should have password access to the electronic register. The team members should all be able to view it.
