Police Instructions - Assaults

Question 1

Initial action

Answer 1

Freeze
Control
Guard
Preserve

Question 2

Victim’s condition

Answer 2

(1) Arrange for full medical examination
(2) Obtain a full written doctor’s report on victim’s injuries and condition
(3) Assign a person to stay with the victim and provide updates on victims condition. If victim’s condition is life threatening, consider obtaining a ‘dying statement’
(4) Obtain photographs of the victims injuries

Question 3

Further enquiries

Answer 3

(1) Interview all witnesses and obtain statements
(2) Interview all medical staff and obtain statements
(3) If offender ID unknown, consider interviewing neighbours, shift workers, transport operators etc, use the media, prepare a computer sketch, CCTV canvass

Question 4

Interviewing the suspect

Answer 4

(1) Interview suspect and obtain full statement
(2) Note and photograph any injuries
(3) Consider arranging for a full medical examination and obtaining forensic samples
(4) If possible, obtain a voluntary DNA sample

Question 5

Charging

Answer 5

(1) Decide whether to charge
(2) If assault on Police and doubt about execution of duty, charge with common assault

(3) If person has already been convicted or acquitted on a charge, they cannot be charged with an offence arising from same incident that is substantially similar as the charge already filed (double jeopardy)
If victim’s condition deteriorates and different charge likely, request that the court not enter the conviction.
In practice, it is preferable to file a very serious assault charge, or one of attempted murder, without prejudice to filing a homicide charge if the victim should die later.
Document evidence gaps where a victim dies but the available evidence did not support a charge of homicide being filed.
Two exceptions to rule of double jeopardy:
(a) A tainted acquittal - perjury, intimidating a witness etc
(b) Compelling new evidence - new evidence, not available at time of original trial and indicates with a high degree of probability that the person is guilty

(4) Where victim may die
- Charge the suspect with an assault appropriate to the circumstances
- Seek a remand without plea
- Where plea has been entered, inform court of circumstances and seek a remand without conviction
- Prefer a more appropriate charge and withdraw the earlier charge