Police Instructions - Blackmail Flashcards

1
Q

What is the general definition of blackmail?

A

Any communication that is intended to incite fear, or be interpreted as a threat in the mind of any reasonable person, that, if certain instructions or demands are not complied with, an act or omission (whether by words or action) will occur

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2
Q
Section 239(1), Crimes Act 1961
Demanding with Intent to Steal
A

(1) Without claim of right
(2) By force or with any threat
(3) Compels
(4) Any person
(5) To execute, make, accept, endorse, alter or destroy
(6) Any document capable of conferring a pecuniary advantage
(7) With intent to obtain any benefit

14yrs imprisonment

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3
Q
Section 239(2), Crimes Act 1961
Demanding with Menaces or Threat
A

(1) Every one who
(2) With menaces or by any threat
(3) Demands any property
(4) From any persons
(5) With intent to steal it

7yrs imprisonment

Offence is complete when demand is made.
Defence = Honest belief in claim of right

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4
Q

Menaces

A

Includes all verbal or written threats. No threat of physical harm is required

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5
Q

Blackmail investigation phases

A

(1) Initial report phase
(2) Mobilisation phase
(3) Consolidation phase
(4) Investigation and operational phase
(5) Reactive phase

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6
Q

Arrest phase should only be effected when

A

(1) Not arresting would present a greater risk than making the arrest
(2) Arrest is necessary to protect the life of a victim or other person or ensure public safety
(3) The threatened harm has been neutralised
(4) It can be reasonably expected that the threat will be neutralised once the arrest has occurred
(5) Sufficient evidence exists to justify the arrest

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7
Q

Types of motivation

A
  • Financial reward
  • Publicity
  • Acclaim
  • Business competition
  • Revenge
  • Ideological
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8
Q

Offender profile types

A
  • Criminal
  • Political
  • Disgruntled current/former employee
  • Competitor
  • Antisocial
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9
Q

Investigation objectives

A

(1) Preserve life and public safety (primary aim)
(2) Respond in a manner that does not increase the risk to an individual or organisation (secondary aim)
- Preventing more serious crime
- Avoiding serious loss
- Detecting and arresting the offender
- Recovering any ransom

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10
Q

Initial action

A

(1) Advise Emergency Communications Centre Manager without risking loss of contact with the informant
(2) Reassure complainant and deal with them sympathetically
(3) Establish details such as:
- Timeline of events
- Details of any deadlines
- How offender making contact
- Contact persons details
- Nature of the demand and exact words
(4) Inform the complainant that they will be dealt with as a priority and provide dedicated phone number, and that they will be contacted shortly
(5) Instruct complainant to:
- Make efforts to trace offenders contact details
- Record all relevant events

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11
Q

Action taken by Emergency Communications Centre

A

(1) Evaluate the information and assess actions taken
(2) Asses whether the absence of an overt Police response would be inconsistent with normal Police response (i.e. offender would expect Police response) or likely to endanger any person
(3) Notify on call CIB supervisor
(4) Ensure secure incident log established
(5) Make call recordings available to CIB

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12
Q

Mobilisation phase - role of OC investigation

A

(1) Develop strategy for investigation in line with primary objectives
(2) Acquire, deploy and manage resources to implement strategy
(3) Continually review the strategy as circumstances develop

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13
Q

Mobilisation phase - initial consideration

A

Who

  • is at risk
  • may be affected
  • is the suspect

What

  • is the motive
  • is the offender demanding
  • is the offender threatening to do
  • information is available vs required

Why

  • is the offender doing this
  • has the victim been selected

Where

  • did the incident take place
  • will future event(s) occur

When

  • did the incident happen
  • is the next event(s) likely to occur

How
- much time is available

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14
Q

Mobilisation - initial resources

A
  • PNT
  • Surveillance
  • Tactical Operations Group (TOG
  • HTCG, Cybercrime, COLT
  • ## Interception of communication data
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15
Q

Consolidation phase - OC investigation should supervise

A

(1) Ensure correct initial response carried out
(2) Develop investigation plan
(3) Develop media and contact strategy
(4) Develop negotiation strategy
(5) Develop arrest strategy
(6) Brief staff
(7) Ensure operational strategy

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16
Q

Investigation and operational phase - victim management

A

(1) Control, support and manage the victim
(2) Send suitably trained and experienced staff to deal with victim
(3) Photograph the victim
(4) Welfare/safety considerations
(5) Engage victim support

17
Q

Reactive phase - evidence from suspects

A

(1) Obtain details of ID (prints and handwriting samples)
(2) Consider electronic information
(3) If handwritten, consider impressions left on documents
(4) Offender’s voice
(5) Seize any documents / material that links suspect to the victim
(6) Consider ransom recovery