Practicals - Lists

Question 1

Define - Adult

Answer 1

A person aged 17 years or older at the time of reporting a sexual assault.

Question 2

Examples of sexual assault

Answer 2

Sexual assault includes but is not limited to:

• sexual violation by rape or unlawful sexual connection
• indecent assault
• any form of unwanted or coercive touching or actions of a sexual nature or in circumstances of indecency
• any sexual abuse or exploitation by way of coercion, deceit, power of authority or mistaken belief
• incest.

Question 3

Who should provide appropriate support to ASA victims?

Answer 3

• A specially trained group or agency, including Iwi and Maori groups, providing specialist sexual assault support or counselling services for sexual assault victims/survivors in the community, and/or
• Where there are no such groups available locally, a trained sexual assault counsellor who supports victims and is able to respond appropriately to sexual abuse disclosures should be used (the use of a person familiar with Police and CYF reporting and investigation processes is preferred).

Question 4

ASA Purpose of a preliminary interview

Answer 4

Find out

• what further investigative actions are necessary
• whether an offence may have occurred
• whether the victim wishes to make a formal complaint.

Question 5

ASA Procedures for a preliminary interview

Answer 5

• Ensure:
  
  • the victim is safe
  • all necessary initial contact actions have been undertaken
  • the interview environment is comfortable and private, and evidence neutral.
• Immediately arrange for a specialist sexual assault support worker
• Using ‘TEDS’ type questions to establish: · What has happened? · When did this take place? · Where did it take place? · Who is the offender?
• Do not conduct a formal interview unless you have been asked to do so by a CIB supervisor or a specialist adult witness interviewer.

Question 6

ASA What to do after a prelim interview

Answer 6

• Re-assess the investigation so far and consider what further investigative procedures are necessary including:
  
  • public safety and the likelihood of similar or connected further offending
  • secure and preserve DNA evidence (e.g. using a toxicology kit to urinate before a medical examination and asking them not to wipe)
  • securing and containing the crime scene
  • identifying and locating witnesses
  • identification and/or apprehension of the suspect.
• Consider photographing victim for evidential purposes (e.g. to compare with CCCTV footage or multiple victims) or for the management of the Police file. Police photographer preferred.
• If Victim’s clothing are to be seized, ensure a suitable change of clothing is arranged and available at the medical examination centre.
• Ensure the victim is advised of the specialist services available to them, such as medical examination/care and intervention through specialist sexual assault support services.

Question 7

ASA Information to be provided to the Victim

Answer 7

KPP5 – information to be provided to victims: (PV DOWDIES)

• Give the sexual assault victim information about the sexual assault support services as soon as possible, and provide access to those services
• Provide information about the police investigation, process and realistic expectations about the timing of each stage, including:
  
  • Initial actions
  • Medical/forensic examination
  • Formal interview and recording process
  • An explanation about exhibits
  • Subsequent court processes
• Clarify the victim’s expectation in reporting – do they wish to lay a formal complaint or are they seeking information. If they do not wish to make a formal complaint but there is a need to talk to the offender about it, you must tell the victim
• Give the victim an opportunity to comment on their needs regarding selection of the ASA investigator, specialist interviewer, forensic doctor and support persons
• Provide progress updates to the victim during the investigation. Record all contacts in contacts node
• Most ASA victims meet s29 Victims’ Rights Act criteria. Ensure necessary information is provided throughout the investigation
• Discuss with the victim whether the investigation/prosecution could or should continue if complaint is withdrawn
• Explain and discuss decisions not to proceed with the investigation/prosecution and assist victim to understand reasons for this
• Arrange specialist sexual assault support for the victim before providing information of a delicate nature, i.e. forensic results of insufficient information for an investigation to continue

Question 8

ASA Primary objective of a medical examination

Answer 8

The primary objective of a medical forensic examination is the victim’s physical, sexual and mental health and safety. Of secondary importance is the opportunity to collect trace evidence.

Question 9

ASA Timings for medical examinations

Answer 9

• Acute or a suspected drug-facilitated sexual assault (1-7 days) – medical forensic practitioner must be contacted as soon as possible. Ideally an examination should be conducted within 24hrs
• Non-acute (7 days to six months) – always refer the victim for SAATS (Sexual Abuse Assessment and Treatment Service), even where forensic examination is unlikely to generate trace evidence because of time passed since the assault
• Historic (more than six months) – refer the victim to SAATS to determine whether they may benefit from a medical examination/medical care

Question 10

ASA What to ask the DSAC doctor after the medical

Answer 10

Before the MEK is sealed, the attending officer debriefs with the practitioner asking them to:

• advise on any immediate needs of the victim (remember that their safety and well-being is paramount)
• verbally summarise the exhibits and advise their possible significance in the investigation
• identify any forensic items that may need to be taken to ESR as soon as possible for analysis to minimise loss of evidential benefits
• identify any injuries that should be photographed (i.e. non-intimate injuries) · identify any significant disclosures made by the victim during the examination which:
  
  • may be useful in the Police investigation, or
  • in the case of under 17 year olds being dealt with under these procedures, require notification to Child, Youth and Family.

All information from the debrief should be captured on the investigation officer’s evidential statement and attached to the case file.

Question 11

CP Consultation and joint investigation planning - What must occur and in what timeframes?

Answer 11

• Share connected information or intelligence relating to the case with the CYF CPP contact person. This should occur before any plan is agreed unless urgent action is required for the child’s safety. Jointly confirm whether it is a case of serious child abuse (CPP) and agree on any immediate actions that need to be taken
• If case is confirmed as CPP case (i.e. serious child abuse), IJIP must be agreed between CYF and police CPP contacts. Nationally mandated template must be completed by CYF and provided to Police as soon as possible for attaching to NIA case
  
  • Report of concern to CYF, consultation as to whether it is a CPP case and agreement to JIP must be completed –
    
    1. Immediately in critical or very urgent cases (ASAP within 24hr or less)
    2. Within two full working days for urgent cases
    3. In all cases, necessary steps must be put in place immediately to secure the child’s safety

Question 12

CP Give examples of serious abuse

Answer 12

• sexual abuse
• serious physical abuse (see Determining seriousness of physical abuse below)
• serious wilful neglect
• serious family violence where the child is a witness
• all allegations against CYF approved caregivers that involve serious child abuse
• all allegations against employees of CYF and NZ Police that involve serious child abuse.

Question 13

CP Define:

Child
Acute Child Abuse

Answer 13

Child ‘child’ means any child or young person under the age of 17 years at the time of the report

Acute Child Abuse - Child abuse occurring less than 7 days before it was reported.

Question 14

CP CYF timeframes (Critical, Very Urgent, Urgent)

Answer 14

Critical - in immediate risk of serious harm and the need for immediate protection may be necessary.

Very Urgent - at risk of harm but is not in any immediate danger.

Urgent - at risk of harm but protected in the short term.

Question 15

CP Determining seriousness of physical abuse (Whether it meets CPP)

Answer 15

Determining the seriousness of physical abuse:

• Test for seriousness
  
  • The action of the abuse (how it happened)
  • Injury inflicted, and
  • Circumstances of the case
• Actions meeting the serious abuse threshold
  
  • Blow/kick to the head
  • Shaking of an infant
  • Strangulation
  • Use of an object as a weapon
  • Attempted drowning
• Injuries meeting the serious abuse threshold
  
  • Death
  • Bone fracture
  • Burn
  • Concussion/loss of consciousness
  • Any injury requiring medical attention (e.g. wound needing stitches)
  • Bruising or abrasion when the child is very young (e.g. infant not yet mobile) and/or position and patterning make it unlikely to be caused by play, another child, or accident

Question 16

CP Prelim Interview with a child

Answer 16

When to speak to a child –

• If it is absolutely necessary to ascertain the child’s safety – use open-ended questions; e.g. tell me what happened, when did that happen
• Do not continue to question the child if it becomes clear when speaking to them that an offence has occurred
• Do not question a child if the child has already disclosed physical or sexual assault to an adult
• Obtain details of the informant and child, and brief details of the complaint and the offender

Record details of case in NIA using code 6C, regardless of any other offence or response code, to indicate that the attendance related to a report of concern about a child

Question 17

CP Joint Investigation Plan - What to agree and what to consider

Answer 17

Joint investigation plan must agree:

• Who is involved in the case
• What they will do
• When they will do it

Joint investigation plan must consider:

• Child’s safety and wellbeing
• The need for forensic child interview
• Collection of evidence
• Referral to medical practitioner
• Any joint visits required
• Management of initial interview of child victim

Question 18

CP Options for removing a child

Answer 18

Remove a child when –

• It is not safe to leave them there or you believe, on reasonable grounds, that if left, they will suffer or will be likely to suffer ill treatment, neglect, deprivation, abuse or harm; or
• There is no other practical means of ensuring their safety
• CYPFA 1989 – s39, place of safety warrant; s40, remove with a warrant; s42, removal without a warrant when critically necessary to prevent injury or death

Question 19

List the objectives of crime scene examination.

Answer 19

Objectives of crime scene examination: (CCEEEEIIV)

• Corroborate/contest witness and victim accounts
• Corroborate/exclude evidence relating to the offence or incident
• Establish if an offence has been committed
• Establish the offence’s key elements and provide facts for the basis of an inquiry
• Exclude possible defences
• Exonerate the innocent
• Identify people associated with the offence
• Identify the suspect and collect evidence that could establish whether contact with the victim or scene has occurred
• Verify confessions and admissions

Question 20

What are the responsibilities O/C Scene?

Answer 20

O/C Scene responsibilities: (BUMPCOPPER)

• Briefing staff on their duties
• Uplifting, inspecting and ensuring delivery of labelled exhibits to the exhibit recorder
• Make sure the scene is photographed, fingerprinted and examined by specialists before it is searched
• Providing the communication link between the scene and O/C Investigation
• Coordinating and overseeing the crime scene examination
• Organize, control, freezing and preserving the scene and ensuring it is safe
• Planning a strategy for forensic examination
• Proving relevant exhibits in Court
• Establishing a common approach path between the police cordon and scene’s focal point
• Reconnaissance to be conducted to gain an overall picture of the scene and testing possible reconstructions

Question 21

What is a reconnaissance?

Answer 21

A reconnaissance is –

• The preliminary inspection or survey made to get an overall picture of the scene without disturbing the evidence
• An assessment providing information allowing you to make:
  
  • A preliminary reconstruction
  • An appreciation
  • A plan of action

Question 22

What are the steps for conducting a reconnaissance?

Answer 22

Conducting a reconnaissance: ( A REC COONS)

• All available information to be gathered from staff present
• Reconsider the scene’s boundaries
• Extensions to the scene to be looked for
• Consider using stepping plates
• Create a common approach pathway
• Obvious evidence to be looked for
• Offender’s routes in and out of the scene, points of entry and exit, and the seat of the activity to be identified
• Note and be prepared to cope with anything that may affect or damage evidence
• Sketch the scene and briefly note anything of significance

Question 23

What a scene strategy should cover?

Answer 23

What a scene strategy should cover: (REAL HIPPO)

• Recording system to be used – inventory, exhibit schedule and job sheets
• Evidence deteriorating; e.g. explosives and blood samples that require DNA profiling – clear a path so it can be examined immediately
• Any specialists required
• Logical and systematic search method
• How exhibits are going to be handled – packaging, labels and security
• Individual tasks and area of responsibility for each team member
• Protection method for ensuring there is no contamination
• Placement of hot, warm and cold zones
• Offender’s entry point – starting point

Question 24

List the steps to follow when packaging exhibits.

Answer 24

Exhibit handling:

• Consider photographing exhibit in situ before uplifting
• Package, seal and label exhibits as soon as they are taken
• Securely seal all packaging and containers with adhesive tape on all edges and sign across tape – do not reopen until examination stage
• Ensure packaging is appropriate for item
• The finder of the exhibit attaches an exhibit label to the packaging with details of:
  
  • Exhibit number
  • Description of item
  • Location of item
  • Time and date found/collected
  • Name of the person from whom exhibit was seized
  • By whom it was collected
• Store and transport control samples and items from each suspect/victim/scene in separate outer containers (e.g. large paper sacks)

Question 25

Responsibilities when submitting exhibits for examination to ESR

Answer 25

Submission of exhibits for examination: (RIDE EPEE)

• Record in the Exhibits Register all decisions taken about the types and priorities of examinations to be conducted
• Inform the expert undertaking an examination if it is no longer required
• Deliver exhibits for examination promptly to avoid deterioration and loss of evidence
• Ensure O/C Investigation has authorised proposed examination
• Ensure exhibit examination decisions are confirmed through the forensic strategy meeting process
• Prepare necessary papers for ESR or other experts
• Ensure all exhibits are itemised, prepared and packaged correctly, and are in an appropriate condition
• Ensure POL143 contains sufficient information:
  
  • Brief circumstances
  • Purpose of examination
  • Location of item’s origin
  • Whether any exhibits are damp or require special attention
  • Authorisation from appropriate supervisor

Question 26

List the considerations for Initial Action to preserve a scene.

Answer 26

VAWSEIPO

• Victim Identify and locate the victim(s).
• Appreciation Make an initial appreciation of the incident. Assess personal risk and then preserve the lives of others.
• Witness Locate and contain witnesses.
• Scene Preserve the scene (e.g. set boundaries).
• Exhibits Note evidence and preserve any that would otherwise be lost or destroyed.
• Ingredients Consider whether the ingredients of the alleged offence have been established
• Powers Identify what powers are available and consider whether to execute them.
• Offender Identify and apprehend offender

Question 27

Police responsibilities to witnesses & Victims

Answer 27

Maintaining contact Ensure the victim’s next of kin are regularly updated of the progress of both the enquiry and Court proceedings, as directed by the 2IC.

Ensuring Court Attendance Maintain contact with all prosecution witnesses, ensuring they are summonsed, and available to appear in Court, as required.

Court Proceedings Ensure witnesses are fully briefed as to their responsibilities and that they are updated throughout the investigative and Court process.

Witness intimidation By maintaining contact with witnesses, Police will be more likely to become aware of any threats, intimidation or interference and can arrange for appropriate action to be taken; such as initiating the witness protection program.

Witness order For the sake of simplicity it is advisable the OC Exhibits gives evidence first and produces all of the exhibits including photographs and the exhibit schedule. This enables all following witnesses to refer to the appropriate exhibits.

Witness media interest letters If media interest is anticipated; consider advising witnesses and the victim’s family of the potential consequences of discussing evidence with journalists i.e. jeopardising Court proceedings.

Interpreter Issues Care must be exercised to ensure that any interpreting service used is suitably qualified and meets the required standard.

Welfare Issues Witnesses should be provided with the name and contact details of the 2IC Investigation. The welfare and needs of witnesses must be considered throughout the investigation and Court process. Refer to section above in this part, ‘Witness support’.

Witness control Ensure that witnesses do not:

• have any contact or communication with jurors
• discuss the case in public areas while waiting to give evidence
• discuss the case with witnesses waiting after they have given evidence.

Refreshing memory At Court, request the witness refresh their memory by reading any previously signed statement(s) or interview transcripts.

Arrange name suppression Advise the 2IC Investigation of any witnesses, victims or persons connected to the case seeking name suppression, so that the 2IC can inform the Crown Solicitor to apply for a Court order under section 202 of the Criminal Procedure Act 2011. The views of victims must be ascertained and conveyed to the judge.

Expenses Where a witness is appearing in the High Court, fees and expenses are the responsibility of and are paid for by, the Ministry of Justice. The OC Witnesses should assist and provide guidance to witnesses and arrange for witnesses to complete witness expense forms when they are at the Court, to facilitate payment of witness expenses by the Registrar of the High Court concerned. In certain situations the police will meet certain costs in relation to the witness. Where this is the case, the O/C Witnesses is responsible for arranging their payment.

Victim views For all serious crime cases, appropriate file documents must be completed to ensure victims, including family of the deceased, are registered within the criminal justice system and that their views are taken into consideration. These include:

• Pol 1060 - Record of victim contact.
• Pol 392 - Victim impact statement.
• CSV1 - Court Services Victim Referral.
• Pol 128 - Bail opposition, where grounds exist.
• Pol 1065 - Victim request to be notified of bail etc.

Special measures Early consultation with the Crown Solicitor is required regarding those witnesses identified as being in need of special consideration, under sections 103 and 105 of the Evidence Act 2006. The File Manager will also need to make necessary arrangements with the Court, to accommodate evidence given by those witnesses in alternative ways i.e. by video relay or from behind a screen.

Question 28

List the responsibilities of the OC Body

Answer 28

O/C Body responsibilities: (CSI GODAMMIT AM RAPED)

• Certified death by a doctor or qualified paramedic using a Deceased Person Certificate
• Sudden death procedures to be completed
• In situ body to be photographed or – consider video recording
• Guard and secure the body, samples and any exhibits relating to the body with dignity and respect
• Observations relating to the body to be noted and recorded; obtain victim’s medical records for pathologist
• Details of medical staff or others who have attended the victim to be noted down
• All cultural responsibilities have been addressed
• Movement if the body has been moved or disturbed and record what actions have been taken by any party
• Maintain security and continuity of the body, samples and exhibits from the scene to the commencement of the post mortem
• Identification formal ID of the body on authority of O/C Investigation
• Transport of body to mortuary on authority of O/C Investigation
• Attend the post mortem with O/C Investigation or deputy
• Make sure to preserve evidence from the body
• Remove clothing and personal effects from the body
• Arrange for fingerprints/palm prints to be taken if required
• Police photographer to take additional photos if necessary, before clothing is removed, after body is disrobed, and during post mortem
• Exhibits record, label and secure all samples associated with the body
• Debrief with pathologist and record any findings

Question 29

List responsibilities for handling exhibits after PM

Answer 29

At the conclusion of the post-mortem examination the OC Body must:

• Take possession of all exhibits, including all samples and specialist kits.
• Dry and package exhibits appropriately.
• The OC Body must hand all exhibits to the OC Exhibits, in order to maintain an unbroken chain of exhibit continuity and security.
• They should also provide the OC Exhibits with: ·
  
  • the post-mortem Scene Exhibit Schedule
  • copy of the OC Body’s notebook entries
  • formal statement.

Note: Toxicology samples must be delivered to the ESR as soon as possible to prevent decay.

Question 30

What are the steps to follow for stripping the body at mortuary?

Answer 30

Stripping the body at the mortuary: (BRR SMILED MRS)

• Body only to be stripped in presence of pathologist
• Remove body from fridge and assist mortuary staff to take it into post-mortem room
• Remove body from bag, causing minimal disturbance
• Seize as exhibits the body bag and any sheets or wrappings used on the body
• Make an inventory of clothing and possessions as each item is removed
• In cases involving obvious head trauma, consider placing fine sieve in table’s drain hole to collect trace evidence from blood, debris and head hair, for later comparison with exhibits the suspect had access to
• Label each possession and item of clothing
• Ensure exhibits do not cross-contaminate each other
• Direct police photographer to take additional photographs if necessary – ensure appropriate and sufficient photographs are taken before and after clothing is removed. Pathologist will lead direction of photographer
• Maintain security and continuity of the body and exhibits taken from it until examination commences
• Remove clothing from body – mortuary technicians may assist under direction. Avoid cutting clothing off – if unavoidable, cut where evidence is least likely to be present. Search pockets and make an inventory of contents
• Seal each item in separate paper bag or container

Question 31

ASA What actions should be taken after a victim’s medical examination is complete?

Answer 31

Actions after the medical:

• Doctor seals and labels all samples and places them in MEK; any items of clothing seized are bagged, sealed and labelled
• Attending officer debriefs with doctor – advises on any immediate needs of the victim, medical findings and any further disclosures
• Doctor seals MEK in officer’s presence and hands MEK, toxicology kit and clothing to officer – original medical forms kept by doctor, duplicate in MEK, triplicate to file
• Officer secures MEK in refrigerator; decide how soon certain items should be sent to ESR for analysis, e.g. tampons or toxicology kit
• Police collect and preserve any clothing worn by the victim during the offence that has not already been seized by doctor. Package and label each item separately

Question 32

ASA Before attending a medical examination what should you remind the victim?

Answer 32

• No eating or drinking
• No going to the toilet (if necessary, use a toxicology kit to capture urine and ask the female victim not to wipe)
• No washing or showering
• No washing of hands or biting of fingernails

Question 33

What are the benefits of conducting an appreciation?

Answer 33

Benefits:

• Informs all Police what they are expected to achieve
• Increases the chances of success, i.e. investigative aims/objectives being met
• Establishes sequence of activities to be carried out
• Manages risk
• Reduces uncertainty
• Eliminates duplication
• Ensures nothing is overlooked
• Effective use of resources

Establishes; Eliminates; Ensures; Effective; Informs; Increases; Reduces; Manages