Part 12 - OC Suspects Flashcards
Purpose of OC Suspects
Supervising the Suspects Team for purposes of:
- obtaining information about suspects and POI, as they are ID’d by OC Investigation
- thoroughly profiling and investigating all suspects and POI to enable the OC Investigation to establish their involvement in the offence or eliminate them from 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
Management of suspects falls into three categories:
- identification and profiling
- arrest/termination
- interviewing
Determining status of suspects
Whether a person is a suspect, POI, witness or victim is up to the OC Investigation.
A suspect is a POI whi has gained added status because of a direct or indirect connection to the circumstances of the crime. Such a connection might relate to motive, opportunity or means. All staff must bear an open mind and avoid developing tunnel vision by relying on available evidence.
Responsibilities of OC Suspects - Briefing the Suspects Team
Initial briefing should emcompass:
- circumstances of the offence including analysis of scene and witness evidence available
- the full details of all POI and any suspect, where ID of suspects are known
- details of any descriptions of the suspect provided by witnesses
- whether any particular MO/crime signatures have been identified
Arrest/termination and interview
Before any arrest/termination, OC Suspects must consult OC Investigation regarding arrest strategy to ensure:
- an investigator is appointed to be responsible for each suspect. Will be made at an earlier stage so those appointed can adequately prepare for interview
- the decision to prosecute, choice of charges and prosecution processes are in accordance with Solicitor-General’s Prsecution Guidelines
- clarity on the position to be taken by Police on the question of bail
- authority to engage Crown Solicitor obtained from PPS
- family of deceased are updated via FLO
- prompt preparation of prosecution file
- compliance by the Disclosure Manager (or FIle Manager if no Disclosure Manager) with the requirements puruant to the Criminal Disclosure Act 2008
Preparing to interview a suspect
OC Suspects should:
- liaise with OC Investigation regarding selection of interviewer, whether level 2 or 3
- consult with OC Investigation regarding most appropriate mode of recording
- establish, in consultation with OC Investigation, the status of the person as a witness, POI or suspect
- consider whether the person requires special consideration e.g. due to linguistic, cultural, religious factors, medical condition, impairment or disabilitiy
- consult with other interviewing experts or legal advisor
- ensure interviewer is fully briefed
- ensure interviewer is familiar with procedures outlined in Investigative Interviewing suspect guide
- discuss with interviewer the elements that need to be established, suspect’s background and possible alibis and motives
- ensure that interviewer has prepared a detailed interview plan
Executing search warrants
On executing a search warrant:
- establish strategy for the search with OC Investigation, in particular whether premises is to be subject to forensic exam. If so, liaise with Crime Scene Co-ordinator or OC Scene and refer to ESR Forensic Evidence Guidelines
- ensure current legal authority exists, normally a search warrant (S&S Act 2012 sec 6)
- arrange for a photographer and Fingerprint Officer to attend
- ensure OC exhibits attends the place searched
- ensure if practical that the suspect is present while search conducted
- search property and vehicles
- assess all evidence found and ascertain relevance
- photograph all evidence in situ before seizing it
- consider arranging for evidence to be examined for fingerprints before it is seized
- exhibits must only be seized under lawful authority, including:
– stolen property
– suspect’s clothing and footwear, where required fo ID and/or ESR analysis
– weapons
– evidence that may connect suspect with the crime
– other evidence in ‘plain view’ or of uncertain status
- seek explanations from suspect regarding exhibits found, record explanations provided and ask to sign the notes and add declaration certifying as true and accurate
- issue a receipt for property seized
- ensure all exhibits seized are sealed before removal
- ensure OC Exhibits labels, examines and records all exhibits in a Scene Exhibit Schedule before removal
Documentation
When a suspect is arrested for a homicide or other similarly serious crime, the following documentation must be completed:
- NIA entry
- Message to the Deputy Commissioner: Operations by completing an update on the Serious Incident Report database
- Cancellation of NIA ‘wanted’ references
Alibis
In investigating any alibi offered, the OC Suspects must:
- make enquiries of people other than the persons whose particulars have been supplied to confirm or rebut evidence in support of the alibi
- complete enquiries to establish where the suspect was at the time of the offence, who they were with and what they were doing
- wherever possible, corroboration of the alibi provided by the suspect should be sought from forensic or other sources that are independent of the suspect
