Role of the OC Suspects (persons of interest) in homicide and serious crime investigations

Question 1

Introduction

Answer 1

In some cases the offender is apprehended at or near the scene, or their identity is otherwise known at an early stage. However, the full role of an officer in charge of the suspects/persons of interest (referred to hereafter as ‘OC Suspects’) is highlighted in ‘who-dunnit’ cases where the offender is not known and identity becomes a priority.

Appointment
The OC Suspects is appointed by and responsible to the OC Investigation. It is anticipated they will be a CIB supervisor of Detective Sergeant rank, in common with those in charge of other phases.

The OC of the General Enquiries phase may perform the duties of the OC Suspects where such a decision is justified by the limited nature and scale of the investigation.

Purpose
The OC Suspects is responsible for supervising the members of the Suspects Team for the purpose of:

obtaining information about suspects and persons of interest, as they are identified by the OC Investigation
thoroughly profiling and investigating all suspects and persons of interest to enable the OC Investigation to establish their involvement in the offence or eliminate them from the inquiry
seeking evidence to cover all elements of the offence(s)
mitigating and dealing with possible defences that may be raised, where appropriate
providing a basis for further investigation.
Management of suspects falls into three categories and where appropriate, the OC Investigation will prepare a strategy dealing with each:

Identification and profiling.
Arrest/termination.
Interviewing.

Question 2

Determining status of suspects

Answer 2

Responsibility for determining the status of a person within the investigation whether as a suspect, person of interest, witness or victim rests with the OC Investigation. It would be incorrect for the OC Suspects to make a unilateral decision to attribute an individual with the status of a ‘suspect’ where time was available for the OC Investigation to make that determination, albeit in consultation with the OC Suspects.

A suspect is a person of interest who has gained added status because of a direct or indirect connection to the circumstances of the crime. Such a connection might relate to motive, opportunity or means. The grading or priority allocated to a suspect/person of interest by the OC Investigation will depend on the reasons why it is thought that the person may be responsible for the crime. All staff must bear an open mind as to who is the author of the crime and avoid developing tunnel vision by relying on available evidence.

Question 3

Responsibilities of OC Suspects

Answer 3

Briefing the Suspects Team
The first duty of the OC Suspects is to brief their suspects team members. To enable them to do this, the OC Suspects should analyse the information available such as witness statements, police reports and information from the scene. Their initial briefing should encompass:

the circumstances of the offence including an analysis of the scene and witness evidence available
the full details of all persons of interest and any suspect, where the identity of suspects are known
details of any descriptions of the suspect provided by witnesses (a schedule of descriptions may be prepared to assist)
whether any particular modus operandi/crime signatures have been identified.
Determine investigation priorities
Investigate all suspects thoroughly in order of priority as decided in consultation with the OC Investigation. Aspects that might influence the setting of priorities are the relative weight of evidence against a person or the likelihood of their leaving the area. You may also be influenced by a particular urgency in solving the case or the availability of staff. Suspects must be investigated in order of priority.

Where there is no firm line of suspect enquiry, priority should be given to anonymous information, particularly during the early stages of the investigation. Information concerning the suspect’s identity must be acted on immediately.

Provide briefings/debriefings
The OC Suspects phase must regularly debrief their team members on the enquiries they have conducted and the results of these enquiries so that they can maintain a constant flow of information at conferences, between the members of the suspects team and other investigation staff. Priority information must be brought to the attention of the OC Investigation as necessary.

Question 4

Identifying suspects

Answer 4

Identify possible suspects whose status will be determined by the OC Investigation. Possible suspects may be indicated from or by:

area canvass
intelligence analysis
Police notings linking suspect to relevant area
fingerprints
DNA samples
witness evidence
Police FV teams
CHIS
response to publicity and media reports
other Police employees or groups, such as:
the National Intelligence Centre
Neighbourhood Policing Team
enquiries with external government agencies eg:
CYFS
Correction
Community Probation Service
Customs
Psychiatric Services
enquiries made with non-government agencies or at particular venues eg:
local ethnic and community groups
hotels and hostels.

Question 5

Prepare descriptions

Answer 5

After analysing all witness interviews/statements, a schedule of descriptions of the suspect can be prepared and where appropriate distributed, for example by circulating copies:

to members of the search, area canvass and investigation teams,
and/or
to the media (via the Media Liaison Officer).
A careful risk assessment will be required prior to releasing any suspect description in the circumstances above. Any media release must be authorised by the OC Investigation.

Question 6

FACES

Answer 6

The OC Suspects should consider, in consultation with the OC Witnesses, using witness(es) who saw a suspect to complete a FACES sketch. This is a computerised facial identification system used to compile a likeness of an offender from the description supplied by the witness and it should be completed early, while the details are fresh in the witness’s mind. An appreciation must be conducted of which witness(es) would be most appropriate to undertake this process. Refer to the Police Manual chapter ‘FACES (Compusketch) facial identification system’.

Question 7

Media publicity and property duplicates

Answer 7

An appreciation should be made of the information available and the information needed. Consider seeking additional information or publicising the case through the media. Consider also, obtaining a photograph of clothing similar to that worn by the suspect and/or duplicates of items of property used by the suspect. In deciding whether to publicise such items, the potential benefits of the additional information which may be generated must be weighed against the risk that publicising the item may cause the suspect to react by disposing of it, thus depriving the investigation from the opportunity to obtain this evidence.

Any photographs of clothing or duplicates of property used by the suspect may be utilised in any combination of these ways:

o for release to the media
o to be used by investigators during an area canvass
o in the conduct of suspect enquiries.

All decisions concerning media releases and publicity of duplicates must be made in consultation with the OC Investigation who is responsible for all comment made to the media.

Question 8

Photograph board

Answer 8

A photograph board should be set up displaying photographs and details of suspects whom you:

o have interviewed, or
o wish to interview.

You may want to set this up in a caravan in the area of the crime or in the Investigation Headquarters. Photographs should be obtained from Police NIA records or generated by enquiries where they are not held on file. Where the suspect is not known, a FACES picture drawn from witness descriptions may be used.

Question 9

Suspect’s residence

Answer 9

Where the place of residence of a suspect who has yet to be identified is known, consider:

o NIA enquiries
o enquiries with the local council to identify the property owner
o conducting a reconnaissance of the area
o monitoring the address through surveillance
o taking photographs of any persons and vehicles as they enter or leave the premises
o monitoring use of the suspect’s telephone via a Production Order pursuant to section 74 of the Search and Surveillance Act 2012 or a surveillance device (interception) warrant pursuant to section 53 of the same Act. Refer to Police Manual chapter ‘Electronic Interception’.
o enquiries with the local authority and utility providers (e.g. electricity, gas, water, sky television) to identify who lives at that address. Such information is normally ordered under a Production Order pursuant to section 74 of the Search and Surveillance Act 2012. Where appropriate it can also be requested under the following legislation:
- section 10 of the Local Government Official Information & Meetings Act 1987
- with private companies, section 12 of the Official Information Act 1982
- section 22 (Principle 11) of the Privacy Act 2020.

Question 10

Trace, interview and eliminate (TIE) enquiries

Answer 10

In attempting to identify the offender, the OC Investigation may use a method of identifying the types of groups that may contain the offender (known as TIE categories).

A TIE category is created by selecting a common characteristic shared by a group of people, which may include the offender. These group characteristics will depend on the circumstances of the crime but examples might include persons related to or associated with the victim, persons in the vicinity of the scene at the time of the offence or with access to the scene at the time of the offence.

The suspect team must conduct elimination enquiries by tracing and interviewing persons who populate these TIE categories, and where possible, eliminating them against a set of elimination criteria determined by the OC Investigation. The OC Suspects must be familiar with the TIE system and should refer to the ‘Elimination process’ section of ‘Part 2 - Role of the OC Investigation in homicide and serious crime investigations’.

Question 11

Intelligence categories

Answer 11

Research should aim to collect all available information and attempt to establish or find:

• the names and aliases used by the suspect
• the suspect’s previous criminal history, convictions and modus operandi
• places of residence, work and any other premises the suspect has access to
• details of vehicles owned, used or that the suspect has access to and their pattern of movements through Automatic Number Plate Recognition (ANPR) data, where available
• details of all landline and cellular telephones used by the suspect
• a full description of the suspect
• a recent photograph of the suspect
• medical records
• licence details held for firearms
• whether the suspect has any access to firearms
• details of accounts held or used by the suspect, e.g. email, social media etc
• offender reports from previous occasions
• intelligence noting forms of previous sightings by Police
• employment details and attendance record
• the suspect’s lifestyle, associates and places frequented
• movements of the suspect
• marital status, and details of any spouse or family members
• names and details of known associates
• any intelligence suggesting that the suspect may have committed other offences
• intelligence that will enhance rapport building and the interview process.

Sources of information
Take a broad view of the potential sources where information about a suspect may be acquired from. These should include passive data generators which are automated systems that gather and collate information for various purposes. These may include:

• financial information/bank records
• CCTV and other images
• personal computer information
• telecommunications information
• voice-recording systems
• customer information, including subscriber information
• access/door security systems
• tachographs
• vehicle GPS
• toll records
• cellular telephones
• Internet websites including social network sites, e.g. Facebook, Twitter, YouTube etc.

For further information refer to ‘Part 11 - Passive data generators in homicide or serious crime investigations’.

Question 12

Identification procedures

Answer 12

When identification is an issue and the identity of a possible suspect is known, consider establishing identity by staging a visual identification procedure. This normally involves a photograph montage or less frequently, an identification (ID) parade.

The law in relation to the identification of offenders is contained in Subpart 6 of the Evidence Act 2006.

Identification evidence must be secured in a manner which will withstand scrutiny in Court. For further information on the law and procedures relating to the identification of offenders, refer to the Police Manual chapter ‘Identification of offenders’.

Question 13

Arrest/termination and interview

Answer 13

This is an operational Police document and some of its content may not be suitable for external dissemination or disclosure. If in doubt contact the Director: NCIG for guidance.

Before any arrest/termination, the OC Suspects must consult the OC Investigation regarding an arrest strategy, to ensure:

an investigator is appointed to be responsible for each suspect. Where practicable, these appointments will be made at an earlier stage so those appointed can adequately prepare for the interview
the decision to prosecute, choice of charges and prosecution processes are conducted in accordance with the Solicitor-General’s Prosecution Guidelines
clarity on the position to be taken by Police on the question of bail
authority to engage the Crown Solicitor is obtained from the Police Prosecutions Service, where appropriate
the family of the deceased are updated via the Family Liaison Officer
prompt preparation of the prosecution file
compliance by the Disclosure Manager, or File Manager where one is not appointed, with the requirements pursuant to the Criminal Disclosure Act 2008, and that the agreed processes are actively monitored - refer to the ‘Criminal disclosure’ chapter of the Police Manual.

Question 14

Preparing to interview a suspect

Answer 14

Prior to interviewing a suspect, the OC Suspects should:

liaise with the OC Investigation regarding selection of the interviewer, including whether a Level 2 or Level 3 trained interviewer should be used
consult with the OC Investigation regarding the most appropriate mode of recording the interview, usually on video
establish, in consultation with the OC Investigation, the status of the person as a witness, person of interest or suspect. This status will determine whether the interview is to be conducted under caution and the interviewee advised of their rights
consider whether the person requires special consideration, for example due to linguistic, cultural, or religious factors, or medical condition, impairment or disability. Refer to ‘Interviewing special consideration suspects’
consult with other interviewing experts or legal advisor, if required
ensure the interviewer is fully briefed
ensure the interviewer is familiar with the procedures outlined in the Investigative interviewing suspect guide
discuss with the interviewer the elements that need to be established, the suspect’s background, and possible alibis and motives
ensure that the interviewer has prepared a detailed interview plan. Refer to the Police Manual chapter ‘Investigative interviewing suspect guide’ under ‘Planning and preparation’.

Question 15

Interviewing

Answer 15

During any interview of a suspect, the OC Suspects must ensure that:

• the interview is conducted in accordance with the ‘Investigative interviewing suspect guide’
• the interview is monitored by a supervisor or experienced Detective to ensure that all key points and areas are covered
• ensure an explanation is sought from the suspect in relation to any exhibits found.

Question 16

Arrest of a Suspect

Answer 16

After an arrest is made, the OC Suspects should:

• ensure suspects are isolated from each other, where there is more than one suspect
• ensure that each suspect arrested is advised of their rights in accordance with the Bill of Rights Act 1990
• in the case of a juvenile suspect, consider and address Police obligations under the Children, Young Persons, and Their Families Act 1989
• consider executing a search for evidence of the suspect’s person, vehicle, home and workplace. Ensure any search of the person of a suspect or their belongings is conducted under a legal authority i.e. a warrantless search pursuant to the Search and Surveillance Act 2012 if appropriate, or under search warrant. Refer to ‘Executing Search Warrants’ in this part.

Question 17

Executing search warrants

Answer 17

On executing a search warrant:

• establish the strategy for the search with the OC Investigation, and in particular whether the premises is to be subject to forensic
• examination. If so, liaise with the Crime Scene Co-ordinator where one is appointed or the OC Scene and refer to ESR Forensic Evidence Guidelines
• ensure a current legal authority exists for the search to be conducted, normally a search warrant issued pursuant to section 6 of the Search and Surveillance Act 2012.
• arrange for a photographer and Fingerprint Officer to attend the place being searched
• ensure the OC Exhibits attends the place being searched or where this is not practical; appoint a team member as Scene Exhibits Officer to be responsible for any exhibits at that scene
• ensure if practicable, that the suspect is present while a search is conducted
• search property and vehicles
• assess all the evidence found and ascertain its relevance
• photograph all evidence in situ before you seize it
• consider arranging for evidence to be examined for fingerprints before it is seized
• exhibits must only be seized under a lawful authority, including:
• stolen property
• the suspect’s clothing and footwear, where required for identification purposes and/or analysis by the ESR
• weapons
• other evidence that may connect the suspect with the crime
• other evidence in ‘plain view’ or of uncertain status pursuant to sections 112 or 123 of the Search and Surveillance Act 2012
• seek explanations from the suspect regarding any exhibits found, record the explanations provided and ask them to sign the notes and add a declaration certifying the notes as a true and accurate record of what was said
• issue a receipt for any property seized
• ensure all exhibits seized are sealed before removal
• ensure the OC Exhibits, or Scene Exhibits Officer for that scene, labels, examines and records all exhibits in a Scene Exhibit Schedule before finally removing all exhibits seized.
  Details of how to collect and preserve exhibits are contained in:

‘Part 16 - Exhibit management in homicide or serious crime investigations’, and
OC Exhibits deskfile in the Serious Crime Template
ESR Forensic Evidence Guidelines.

Question 18

Understanding cross-contamination

Answer 18

Any potential for cross-contamination must be eliminated by conducting an appreciation and applying stringent standard procedures for managing exhibits throughout the investigation. Refer to ‘Part 16 - Exhibit management in homicide or serious crime investigations’.

Where more than one suspect is involved, an appreciation must be made regarding which staff are assigned to seize clothing from suspects. It is vitally important officers involved are fully aware of cross contamination issues and where possible, separate officers should be assigned to each suspect. Suspects must be kept apart including during travel in vehicles and when in cells. All clothing should be packaged, labelled and sealed in accordance with standard procedures before transfer to OC Exhibits.

Question 19

Medical examination

Answer 19

The OC Suspects will arrange, in consultation with the OC Investigation, for a Police doctor to examine the suspect. The doctor must:

• note any injuries, such as scratches or bruises
• take samples identified as necessary by the OC Investigation using a specialist Medical Examination Kit, including:
• blood
• saliva
• head hair
• pubic and body hair, if relevant
• fingernail scrapings
• swabs of the suspect’s hands or other relevant areas
• swab the suspect’s hands for firearms residue using a specialist Firearms Detection Kit, as soon as possible where a firearm has been involved in an offence. Such residue may persist on the hands or clothing of a suspect for up to three hours. Refer to the Police Manual chapter ‘Firearm Discharge Residues’.
• provide a professional opinion regarding the condition of the suspect.

Record any explanations or comments made by the suspect about the offence or the cause of any of injuries. Photographs of the suspect and any relevant marks or injuries must be taken.

Medical examination by force

Where a suspect refuses to allow a search to be conducted under section 88 of the Search and Surveillance Act 2012, for evidential material that is reasonably believed to be on the outside of the suspect’s body (e.g. firearm discharge residue on the suspect’s hands or the victim’s DNA on the suspect’s penis), then reasonable force may be used to conduct the search. The process and criteria that must be met to conduct a strip search of a suspect are outlined in the Police Manual chapter ‘Search’, Part 8 - ‘Searching People’.

Consider reconstruction

The OC Suspects (in consultation with the OC Investigation) should consider having the suspect reconstruct the crime. Any reconstruction should be recorded on video as part of the interview.

Obtain identifying details
To confirm the identity of the suspect:

• obtain from the suspect: fingerprints, footprints, palm prints, and blood for DNA analysis (refer to the Police Manual chapter ‘DNA Sampling’
• arrange photographs of the suspect. Where such photographs were not taken during the medical examination, include photographs of:
  the suspect’s front face and profile
  the suspect’s full body length, from the front and the side
  any injuries
  any distinctive, visible identifying features, such as tattoos or scars
• obtain samples of the suspect’s handwriting, where relevant
• record a physical description of the suspect
• record details for the offender report.

Documentation

When a suspect is arrested for a homicide or other similarly serious crime, the following documentation must be completed:

• NIA entry.
• Message to the Deputy Commissioner: Operations by completing an update on the Serious Incident Report database.
• Cancellation of NIA ‘wanted’ references.

Question 20

Psychiatric evidence

Answer 20

The OC Suspects should liaise with the OC Investigation to determine whether a psychiatric examination of a suspect is required. Such an examination will be required only if the sanity or mental health of the suspect at the time the offence was committed, or at the time they are to stand trial, is at issue.

If a defence arguing diminished responsibility as a result of the defendant’s state of mind is raised, the Court should be asked to make an order for the suspect to undergo psychiatric assessment under the Criminal Procedure (Mentally Impaired Persons) Act 2003. The OC Suspects should ensure evidence is obtained of the suspect’s mental health at the time of the crime and, where they have a mental condition, whether the suspect is fit to plead.

The Police investigation should aim to establish whether the suspect understood the nature and quality of their actions, and whether they realised the actions were morally wrong. This information may be useful in rebutting a defence of insanity, where it is unjustified.

Where a Court order is made to remand the suspect for psychiatric assessment, the Court must receive the evidence of two health assessors as to whether the defendant is mentally impaired - section 14 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 refers. A report must be sent to the Court Registrar or, with the Registrar’s permission, to the superintendent of a psychiatric hospital or penal institution, describing:

• the circumstances of the arrest
• a summary of the offence with which the suspect is charged
• the suspect’s previous criminal history
• the suspect’s previous mental history
• the symptoms and duration of the suspect’s current mental illness, if applicable.

The OC Investigation may direct the OC Suspects or the 2IC to complete this report.

Complete enquiries

The OC Suspects will need to complete enquiries as directed by the OC Investigation and/or 2IC, where appropriate, to negate any explanation put forward by a suspect, for example by preparing to rebut any possible defences.

Question 21

Alibis

Answer 21

Whenever an alibi is put forward by an offender concerning a matter in respect of which proceedings have been commenced, it is the responsibility of the OC Suspects to make thorough enquiries to determine the veracity of the alibi and to fully report the result of these enquiries to the Crown Solicitor, via the 2IC.

When particulars of alibi witnesses are notified in accordance with the provisions of section 22 of the Criminal Disclosure Act 2008, the OC Investigation will require the Disclosure Officer or OC Suspects to complete a prosecution report (QHA) and an active charges report on each name and provide these to the Crown Solicitor, via the 2IC.

Alibi witnesses whose particulars have been advised in accordance with section 22 of the Criminal Disclosure Act 2008, must not be interviewed by Police except at the request of the Crown Solicitor. When conducting such interviews, the advice of the Crown Solicitor should be followed.

In investigating any alibi offered, the OC Suspects must:

make enquiries of people other than the persons whose particulars have been supplied to confirm or rebut evidence in support of the alibi
complete enquiries to establish where the suspect was at the time of the offence, who they were with and what they were doing
wherever possible, corroboration of the alibi provided by the suspect should be sought from forensic or other sources that are independent of the suspect.
The procedures to be followed when a defendant puts forward an alibi are detailed in the ‘Defence disclosure’ section of the ‘Criminal disclosure’ Police Manual chapter.