Part 12 - OC Suspects

Question 1

What is the purpose of OC Suspects?

Answer 1

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

Question 2

What are the three categories of suspect management?

Answer 2

(1) Identification and profiling
(2) Arrest / termination
(3) Interviewing

Question 3

What is a suspect?

Answer 3

A person of interest who has gained added status because of a direct or indirect connection to the circumstances of the crime

Question 4

What information should be conveyed in the initial briefing?

Answer 4

(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

Question 5

What might influence the priority of intervention of a suspect?

Answer 5

(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

Question 6

Ways in which a suspect may be identified

Answer 6

(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

Question 7

Media publicity - suspects

Answer 7

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)

Question 8

Place of residence enquiries in relation to a suspect

Answer 8

(1) NIA enquiries
(2) Council enquiries
(3) Reconnaissance of area
(4) Surveillance
(5) Phone data / interception
(6) Utility providers i.e. electricity, phone companies

Question 9

Trace, Interview and Eliminate (TIE) enquiries

Answer 9

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

Question 10

Intelligence enquiries - suspects

Answer 10

(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

Question 11

Passive data generators

Answer 11

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

Question 12

Preparing for termination / arrest - considerations

Answer 12

(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

Question 13

Procedures for preparing to interview a suspect

Answer 13

(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

Question 14

Interviewing a suspect

Answer 14

(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

Question 15

Arrest of a suspect

Answer 15

(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

Question 16

Executing search warrants

Answer 16

(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

Question 17

What must a Doctor do when conducting a medical examination?

Answer 17

(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

Question 18

Obtaining identifying details of the suspect

Answer 18

(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

Question 19

Documentation to be submitted for homicide / other similar serious crime

Answer 19

(1) NIA entry
(2) Memo to Deputy Commissioner: Operations (Serious Incident Report database)
(3) Cancellation of any NIA ‘wanted’ notifications

Question 20

Psychiatric evidence

Answer 20

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.

Question 21

What information must be included in a psychiatric assessment report to Court Registrar

Answer 21

(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)

Question 22

Alibis

Answer 22

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