Policies and Procedures Flashcards
Achieving a successful outcome when investigating a sexual assault requires what?
The careful balance of two priorities:
- Undertaking the investigation
as quickly as possible and - Meeting the complainants
physical and emotional needs
Victim defined:
- A person against whom an offence is committed
- A person who suffers physical injury, loss or damage to property because of an offence
- A parent or legal guardian of above
- A member of the immediate family of a person who, as a result of an offence dies or is incapable
List some ways you could provide a safe and secure environment when interacting with victims of sexual offences
CALM TEA
C - onduct dealings in a sensitive
manner
A - ccept they are telling the
truth/unless their is
evidence to prove otherwise
L - isten
M- edical Attention
T - reat courteously
E - xplain the process you are
following and why
A - dvise of local counselling
services
Section 103-105 of Evidence Act provide the basis for what?
The crown to present the video statement as evidence in chief.
The sections provide an opportunity for the evidence to be admitted by alternative means (interview played in court or given orally by CCTV from another location)
What are 4 things that victims should refrain from doing before a medical exam
- No eating or drinking
- No going to the toilet
- No washing or showering
- No washing of hands or biting fingernails
List the points you would cover with a victim to explain the medical forensic procedure:
- The exam will be conducted by a medical forensic practitioner specially trained
- The benefits of a full medical including:
-The potential benefit to their physical, sexual and mental health - How the examination can help Police obtain evidence to apprehend the offender
- The expected time for the examination and possible outcomes
Police responsibilities to victims and their rights
- All obligations under the Victims Rights Act must be met and all contact recorded
- Given information about the progress of their investigation within 21 days
- Kept updated and informed of the outcome of the investigation
- As soon as offender is arrested and charged Police must determine whether it is a S29 offence
- Informed of outcome and case closure. Return property.
What key principles underpin the Police investigation of all sexual related complaints
- The victims safety and wellbeing is paramount
- Use the skills of specially trained investigators
- Victims must be offered specialist support
- Offenders should be held accountable
- Good communication with all involved can ensure victim cooperation and improved outcomes
- Police will protect the privacy of victims
ASAI executive summary key points:
- Only brief details of an ASA incident should be obtained at initial contact
- Decisions about exam timing and type must be made in consultation with Medical Forensic Practitioner
- You must obtain supervisor approval before suggesting to a complainant that their claim is fabricated
- ASA files can only be filed by Level 4 ASA CIB supervisors
What does the Adult Sexual Assault Investigation (ASAI) policy and procedures detail:
- NZP expectations and responsibilities
- The policies and principles that underpin the investigation
- The key process points of ASA investigations
The desired outcomes of the ASAI policy and procedures are to:
- Enhance the welfare and safety of victims
- Improve the investigation, resolution and management of ASA complaints
Key responsibilities for Police in ASA:
- Criminal investigation and prosecution process
- Investigate reported complaints
- Using ASA investigators
- Co-ordinating support
- Provide advice and feedback
What is the purpose of the Sexual Abuse Assessment and Treatment Service (SAATS)?
- Provide expert medical treatment
- Manage any immediate physical and emotional trauma
- Address the immediate safety of victims
- Ensure that forensic requirements are met
Explain the timing of complaints for sexual assault
Acute - within 7 days
Non-acute - At 7 or more days but before 6 months
Historic - After 6 months
Purpose of a preliminary interview
- Brief outline of facts
- Victim safety
- Public safety
- Urgent investigation needs (loss of evidence, medical, suspects actions)
