Practicals Flashcards
What to do after the Preliminary Interview (ASA) - Reassess the investigation and consider:
PECWS
- public safety and the likeliness of further similar or connected offending
- the need to secure and preserve, fragile or diminishing evidence
- securing and containing the crime scene
- identifying and locating witnesses
- identification and/or apprehending of suspects
Debrief the doctor (ASA) - Discuss with the Dr:
NEFIS
- the immediate needs of the victim
- verbally summarise the exhibits and possible significance
- Identify forensic items to be sent to ESR
- Injuries requiring photographs
- Any significant disclosures made by the victim during the examination
Crime Scene Objectives
EEIIECVEC
- establish whether an offence has been committed
- establish key elements and provide facts for the basis of an inquiry
- identify suspects and establish contact with the victim or scene
- identify persons associated with the offence
- exonerate the innocent
- corroborate / contest the victim and witness accounts
- verify / refute admissions or confessions
- exclude possible defences
- corroborate or exclude other evidence relating to the offence or incident
OC Scene Responsibilities
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- Freezing, controlling, preserving the scene and ensuring it is safe
- Briefing all staff of their duties
- Co-ordinating and overseeing the crime scene investigation
- Providing a communication link between the scene and the OC investigation
- Ensuring the scene is photographed, fingerprinted and examined before the search
- Establish a common approach path between the cordon and focal point
- Conducting a reconaissance to gain an overall picture of the scene and test reconstructions
- Planning a strategy for the forensic examination
- Uplifting and ensuring delivery of labelled exhibits to the exhibit recorder
- Proving relevant exhibits in court
Scene Strategy
SESPMIRPE
- Starting Point, POE
- Exhibit Deterioration
- Specialists Required
- Placement of warm, hot cold zones
- Method of search, logical and systematic
- Individual roles and responsibilities
- Recording systems, documentation
- Protection method, prevention of contamination
- Exhibit handling, schedule, register, 268, FS
Stripping the Body
SFBPPCILSCSS
- stripped
- fridge
- body bag
- possession
- photograph
- clothing
- inventory
- label
- seal
- cross-contamination
- secure
- sieve
O/C Witnesses
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- Ensuring Court Attendance - Maintain contact, ensure summonsed and available for court
- Court Proceedings - Ensure witnesses are fully briefed as to their responsibilities and updated through investigation and court process
- Witness Intimidation - By maintaining contact, police will more likely become aware of threats or intimidation and can arrrange for appropriate action to be taken
- Witness Order - For simplicity OC exhibits to be called first and produce exhibits including court schedule and photographs for other witnesses to refer to
- Witness media interest letters - If media interest is anticipated consider discussing possible consequences of witnesses discussing evidence with journalists etc
- Interpreter Issues - Ensure interpretting service is suitably qualified and meets the required standard
- Welfare Issues - Ensure witnesses are provided contact details of 2IC and the welfare and needs of the witness are to be considered throughout
- “Witness Control - Ensure witnesses do not -
- have any contact or communications with jurors
- Discuss the case in public area while waiting to give evidence
- Discuss the case with witnesses waiting after they have given evidence” - Refreshing Memory - At court request witness refreshes their memory with previously signed statements of interview transcripts
- Arranging Name Suppression - Advise 2IC of any witnesses seeking name supression, who will liaise with the crown. The victims views must be ascertained and conveyed to the judge
- Expenses - Provide guidance and assist witnesses in
completing claim forms at the court. In high court expenses are at cost of ministry of justice. In certain situations police will meet costs in relation to witnesses.
OC Body Responsibilities
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Section 8(2) Bail Act
NEED SOME SHOES, CAN HAVE LUKE’S PUMA AIRS -
(a) The nature of the offence for which the defendant is being charged, and whether it is a grave or less serious one of its kind
(b) The strength of evidence and the probability of conviction or otherwise
(c) The seriousness of punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed
(d) The character and past conduct or behaviour, in particular proven criminal behaviour of the defendant
(e) Whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions
(f) The likely length of time before the matter comes to trial
(g) the possibility of prejudice to the defence if the defendant is remanded in custody
(h) Any other special matter that is relevant in the particular circumstances
Identifying and Securing a Crime Scene
Identify:
- Gather info for assessment of scene
- Consider warrantless powers
- Establish Crime Scene, consider parameters
- Consider and establish a CAP (avoid routes of suspect or victim
- Consider related crime scenes
- What is happening at the scene who is there
- Note and record observations
- Establish a scene headquarters and safe arrival point
- Provide sitrep to comms and obtain acknowledgement
Secure:
- Consider s116 to secure scene
- Effect removal of all persons, cause minimal disturbance and use CAP
- Establish cordoned parameters using tape
- Arrange and brief scene guards with clear duties, consider member of public initially
- Arrange scene logs
- Prevent unauthorised persons entering or leaving the scene
- Prevent further loss or damage to evidence cause by weather, animals etc
