Part 12 - OC Suspects Flashcards
What is the purpose of OC Suspects?
Supervising the members of the suspects team for the purpose of:
(1) Obtaining info about suspects, POI’s
(2) Profiling and investigating all suspects/POI’s to establish involvement or eliminate them from investigation
(3) Seeking evidence of an offence
(4) Mitigating possible defences
(5) Providing a basis for further investigation
What are the three categories of suspect management?
(1) Identification and profiling
(2) Arrest / termination
(3) Interviewing
What is a suspect?
A person of interest who has gained added status because of a direct or indirect connection to the circumstances of the crime
What information should be conveyed in the initial briefing?
(1) Circumstances of offence (analysis of the scene and witness evidence available)
(2) Full details of all POI and suspects
(3) Descriptions of the suspect (provided by witnesses)
(4) Any modus operandi (MO) or crime signatures have been identified
What might influence the priority of intervention of a suspect?
(1) Weight of evidence against a person
(2) Likelihood of them leaving the area
(3) Urgency of solving the case
(4) Availability of staff
(5) Priority given to anonymous information
Ways in which a suspect may be identified
(1) Area canvass
(2) Fingerprints
(3) DNA
(4) Witness evidence
(5) CCTV
(6) Intelligence analysis
(7) CHIS information
(8) Police notings linking suspect to relevant area
Media publicity - suspects
An appreciation should be made of the information available and the information needed. Involves consideration of risk v benefit of publicising information (risk of CADD, suspect evading, witness interference)
Place of residence enquiries in relation to a suspect
(1) NIA enquiries
(2) Council enquiries
(3) Reconnaissance of area
(4) Surveillance
(5) Phone data / interception
(6) Utility providers i.e. electricity, phone companies
Trace, Interview and Eliminate (TIE) enquiries
TIE - a method of identifying the types of groups (i,e. common characteristic) that may contain the offender
Must conduct elimination enquiries by tracing and interviewing persons who populate this TIE category, and where possible, eliminating them against a set of elimination criteria
Intelligence enquiries - suspects
(1) Names / aliases of suspect
(2) Suspect previous criminal history
(3) Places of residence / work / access
(4) Details of vehicles owned / used / access
(5) Recent photograph of suspect
(6) Intelligence notings
(7) Movements of suspect
(8) Lifestyle / associates / pattern of life
Passive data generators
Automated systems that gather and collate information for various purposes
(1) Financial info / bank records
(2) CCTV
(3) Personal computer info
(4) Telecommunication info
(5) Subscriber info
(6) Voice-recording systems
(7) Social network sites
(8) Security system data
Preparing for termination / arrest - considerations
(1) An investigator appointed for each suspect
(2) Charging decisions that are in accordance with Solicitor General’s Prosecution Guidelines
(3) Clarification on bail decision
(4) Authority to engage Crown Solicitor
(5) Family updated by FLO
(6) Prompt preparation of prosecution file
(7) Compliance with Criminal Disclosure Act
Procedures for preparing to interview a suspect
(1) Consultation with OC Invest. regarding selection of interviewer (L2 or L3 trained)
(2) Consultation re most appropriate mode of recording interview
(3) Establish the status of the person interviewed as witness, POI or suspect (status will determine whether conducted under caution rights)
(4) Consider whether person requires special consideration (child, impairment/disability, linguistic factors)
(5) Ensure interviewer is fully briefed
(6) Ensure interviewer familiar with Investigative Interviewing Suspect guide
(7) Ensure interviewer understands the elements to be established, suspect background and possible defences/alibis
(8) Ensure interviewer has prepared a detailed interview plan
Interviewing a suspect
(1) Conducted in accordance with Investigative Interviewing Suspect Guide
(2) Monitored by a supervisor or experienced Detective
(3) Explanation is sought regarding any exhibits found
Arrest of a suspect
(1) Ensure suspect separated from one another
(2) Advised of BOR
(3) If child or YP, ensure obligations under OT Act
(4) Consider executing a search for evidence of suspect’s person, vehicle, home etc. Consider warrantless powers or obtaining a search warrant
Executing search warrants
(1) Establish a strategy for the search and consider forensic examination
(2) Ensure current legal authority exists
(3) Arrange for photographer or FP officer
(4) Appoint OC Exhibits
(5) Ensure suspect is present at time of search (if possible)
(6) Search property and vehicles
(7) Assess evidence and ascertain if relevant
(8) Photograph evidence in situ before seizing
(9) Seek explanation from suspect regarding exhibits found
(10) Issue seized property receipt
What must a Doctor do when conducting a medical examination?
(1) Note any injuries
(2) Take samples as necessary using specialised MEK (blood, saliva, hair, fingernail scrapings, swabs of hands)
(3) Swab suspect’s hands for GSR (where relevant)
(4) Provide professional opinion on condition of suspect
Obtaining identifying details of the suspect
(1) Fingerprints, footprints, palm prints, blood for DNA analysis
(2) Photographs including front, profile, full body, injuries, identifying features (tattoos, scars etc)
(3) Handwriting
(4) General physical description
Documentation to be submitted for homicide / other similar serious crime
(1) NIA entry
(2) Memo to Deputy Commissioner: Operations (Serious Incident Report database)
(3) Cancellation of any NIA ‘wanted’ notifications
Psychiatric evidence
Only required if the sanity of mental heath of the suspect at the time of the offence, or at the time they are to stand trial, is at issue.
Request the Court make an order for suspect to undergo psychiatric assessment - Criminal Procedure (Mentally Impaired Persons) Act 2003. Court must receive the evidence of two health assessors (s14)
Purpose is to establish whether the suspect understood the nature and quality of their actions, and whether they realised their actions were morally wrong.
What information must be included in a psychiatric assessment report to Court Registrar
(1) Circumstances of arrest
(2) Summary of offence
(3) Suspect’s previous criminal history
(4) Suspect’s previous mental history
(5) Symptoms and duration of current mental illness (if applicable)
Alibis
It is the responsibility of OC Suspects to conduct enquiries to determine the veracity of the alibi and to report the findings to Crown Prosecutor, via the 2IC.
Alibi witnesses must not be interviewed without the express authority of the Crown Solicitor
