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1- Study > Serious Crime 014 (Pre-update) > Flashcards

Serious Crime 014 (Pre-update) Flashcards

1
Q

What are the two key tasks of any investigation?

A
  • gathering and preserving evidence

- documentation

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2
Q

List the four different types of conferences.

A
  • initial conference
  • regular conference
  • debriefing conference
  • phase team conferences
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3
Q

What are the primary functions of initial police responders at a crime scene?

A
  • attending the scene at an early stage
  • taking control of the situation
  • coordinating tasks
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4
Q

List five types of incidents that might be reported to police and not be initially identifiable as a homicide.

A
  • report of missing person
  • sudden unexplained death of an infant
  • unexplained death
  • report of abduction
  • report of violence where no fatalities are anticipated
  • crime scene without a body present
  • hit and run vehicle collision
  • suicide
  • fatal fire
  • drug related death
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5
Q

Explain the general investigation model.

A

Victim - ID and locate
Appreciation - Make an initial appreciation. Assess personal risk and then preserve the lives of others.
Witnesses - Locate and contain
Scene - Preserve
Exhibits - Note evidence and preserve any that would otherwise be lost or destroyed
Ingredients - Consider whether ingredients of alleged offence have been established
Powers - ID what powers are available and consider whether to use
Offenders - ID and apprehend suspects

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6
Q

What are the four basic principles to initial action in regards to the scene?

A

Freeze
Control
Guard
Preserve

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7
Q

List the benefits of applying an appreciation technique.

A
  • Informs all police what they are expected to achieve
  • Establishes a sequence of activities to be carried out
  • Manages risk
  • Reduces uncertainty
  • Eliminates duplication
  • Ensures nothing is overlooked
  • Effective use of resources
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8
Q

What are the four basic steps of an appreciation?

A

Aim
Factors
Courses open
Plan

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9
Q

What is the purpose of police attendance at a death?

A

To investigate thoroughly and gather sufficient evidence to satisfactorily explain the circumstances of the death.

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10
Q

The victim’s physical condition can fall into three categories. What are they?

A
  • alive and uninjured
  • alive but injured
  • shows no signs of life
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11
Q

In order for a ‘dying declaration’ to be considered admissible evidence under Evidence Act 2006, s18(1)(a) , the court must be satisfied of what?

A

The content of the statement and the person who made it are reliable.

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12
Q

Police taking a ‘dying declaration’ must record any factors which demonstrate the reliability of the statement or its maker. List those factors/circumstances relevant under s16(1), Evidence Act.

A
  • nature of the statement
  • contents of the statement
  • circumstances relation to the making of the statement
  • circumstances relating to the veracity of the person
  • circumstances relating to the accuracy of the observation of the person
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13
Q

What actions need to be taken if the victim needs to be moved?

A

The original position should be recorded, ideally by photo and/or video but a sketch and description should also be completed

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14
Q

Explain the Common Approach Path.

A

Controls all movement into and out of the scene using a path which avoids any route possibly taken to and from the scene by the suspect or the victim.

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15
Q

What is the purpose of a scene guard?

A

To ensure

  • there is no unauthorised entry into the scene
  • integrity of evidence or potential evidence is secured
  • intelligence opportunities are maximised
  • contamination issues are managed
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16
Q

What details needed to be recorded by the scene guard for every person authorised to enter the scene?

A
  • name and designation
  • authority to enter the scene
  • purpose of the visit
  • time and entry and time of exit
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17
Q

List the duties of a scene guard.

A
  1. Secure scene - Deny anyone access unless theyr are expressly authorised entry by the OC Investigation or Crime Scene Coordinator/OC Scene
  2. Record details - Maintain log and note details or anyone authorised to enter
  3. Control movements - Ensure everyone entering is directed to CAP and supervised
  4. Record movements - Record movement and details of vehicles to, from, near in scene log
  5. Brief others - Communicate info received to OC Scene or CSC.
  6. Avoid disturbance - Don’t enter, contaminate, interfere with scene
  7. Protect scene - Be vigilant for activity such as animals
  8. Brief replacement
  9. Respect security - Don’t discuss with witnesses, bystanders or media
  10. Demonstrate courtesy - With witnesses and crowds
  11. Inform others - Report actions taken to OC Scene or CSC
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18
Q

What action should be taken with media at a scene?

A

Keep them away from immediate scene and make no comment about incident. Consult with OC Investigation and explain what has happened, identify media members and location.

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19
Q

The OC Investigation will expect a briefing from the officer in initial charge of the incident. What should this briefing cover?

A
  • What has occurred?
  • What action has been taken?
  • What has not been done?
  • What needs to be done?
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20
Q

What kind of person should be appointed OC Body?

A

An experienced investigator with awareness of forensic issues.

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21
Q

List five responsibilities of OC Body.

A
  • Ensure death has been certified by a doctor or qualified paramedic using the Deceased Person Certificate (POL 265)
  • Maintain security and continuity of the body, samples and exhibits, from the scene to the commencement of the PM examination
  • Secure and guard the body, samples and exhibits relating to the with dignity and respect
  • Note and record observations relating to the body
  • Note the details of medical staff or others who have attended the victim
  • Record what actions have been taken by any party in relation to the body
  • Establish if the body has been moved or disturbed
  • Ensure the body is photographed “in situ” and consider video recording
  • When authorised by OC invesigation arrange transportation of the body
  • Obtain medical records of the victim for the pathologist.
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22
Q

Unless in an emergency, the body must not be moved until what has happened?

A

OC Investigation has given authority

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23
Q

Where the body has been moved, what does and does not happen?

A
  • Do not attempt to restore the scene to its original unchanged condition
  • Make enquiries to enable the original unchanged scene to be subsequently reconstructed and photographed if required
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24
Q

Before removing a body, what details need to be recorded about the position of the body?

A
  • position of the limbs
  • appearance of the body
  • wounds and clothing
  • direction of any trails of blood present on the body
  • lividity if present
  • extent of any rigor mortis present
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25
Q

What is the primary role of OC Body during a PM?

A

To observe, document and deal with exhibits associated with body in a structured methodical manner

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26
Q

What is the primary reason for conducting a PM?

A

To establish the cause of death.

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27
Q

What information might the pathologist’s findings at a PM provide which will drive the investigation?

A
  • determining the mode and time of death
  • establishing how injuries and/or events at scene may have contributed to death of victim
  • determining the nature and size of any weapons used
  • determining the approx height and stature of suspect
  • providing areas of interest for subsequent interviews of witnesses/suspects
  • negating possible defences
  • ID victim if not yet established
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28
Q

Where the identity of a victim cannot be established, list five alternative methods of ID.

A
  • fingerprints
  • DNA profiling
  • dental records
  • eye examination records
  • medical examination records
  • personal effects
  • facial reconstruction
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29
Q

When skeletal remains are found a pathologist, with the assistance of a forensic anthropologist, can provide what information?

A
  • whether the remains are actually bones
  • whether the bones are human
  • the age, gender, height and race of the person
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30
Q

In what situation should the OC Body take notes of discussions concerning the PM?

A

Only if specifically directed by the OC Investigation and/or the pathologist

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31
Q

List the steps that should be followed by the OC Body to ensure the body is stripped in the required manner.

A

See Victims p16

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32
Q

What should the photographer be instructed to photograph at the mortuary?

A
  • the body before stripped
  • the body after it is stripped
  • close ups of any wounds, marks, internal injuries, unusual features, including a measuring scale
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33
Q

After the PM when the OC Body hands all the exhibits to OC Exhibits, what else should the provide?

A
  • PM Scene Exhibit Schedule
  • copy of OC Body’s notebook entries
  • formal statement
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34
Q

What must be included in a 1S file?

A
  • statement relating to victim’s formal ID
  • copy of POL47 or POl47A (for child under 2)
  • copy Deceased Person Certificate
  • copy of Deceased Person Identification
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35
Q

What is the primary function of an FLO?

A

Investigator, not support person.

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36
Q

List five things the Family Liaison Plan should record and consider?

A
  • selection of the FLO and criteria employed for the selection
  • exit plan for the FLO
  • objectives of the family liaison
  • assessing the most appropriate methods of conducting interviews with family members, including use of specialist interviewers where appropriate
  • info to be released to and withheld from the family
  • requests made by the family which have not been agreed to and the reasons for this
  • complaints made by the family and the OC Investigation’s action to progress and resolve the issues raised
  • any member of the family who could be considered a suspect to enable the OC Investigation to determine whether or not this is the case
  • liaison with Victim Support and other support services
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37
Q

Define ‘family’

A
  • includes partners, parents, siblings, children, guardians, whanau and any others who have had a direct and close relationship with the victim
  • includes ‘chosen’ family
  • should reflect the victim’s culture and lifestyle
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38
Q

Why is it important for the FLO to identify the cultural origins of the victim’s family?

A

To enhance relations with the family and to contribute to the victim profile

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39
Q

What are the responsibilities of the FLO?

A

profile the victim, prepare a family tree, gather all relevant info from family

40
Q

Who else can take VIS from surviving family members?

A

Homicide trained Victim Support volunteer

41
Q

What are the objectives of an area canvass?

A
  • ID offender
  • identifying and locating evidence
  • ID witnesses
  • gathering info
42
Q

List five benefits of an area canvass.

A
  • sightings of victim or offender before or after event
  • sightings of relevant property or vehicles
  • sightings of potential witnesses
  • creating the opportunity for an early arrest through early ID of the offender
  • obtaining key info to drive the investigation or develop lines of enquiry
  • promoting awareness of significant occurrences
  • eliminating unidentified vehicles or persons reported by other witnesses
  • obtaining an accurate record of the local community
43
Q

What assistance can the Criminal Profiling Unit provide?

A

They can assist with setting parameters or identifying locations where suspects are likely to frequent or reside.

44
Q

When conducting a team briefing for the area canvass, what information must be given regarding notebooks?

A

Evidence of possible probative value must be obtained in a formal written statement rather than notebook form

45
Q

How can OC Area Canvass ensure staff morale remains high?

A

By providing regular feedback on the way the enquiries are contributing to the progress of the investigation, together with updates on the other phases of the enquiry.

Regular visits during the area canvass.

46
Q

What should the master record maintained and updated by the OC Area Canvass include?

A
  • which addresses have been visited
  • which occupants interviewed
  • the documentation completed
  • any relevant comments made
47
Q

At the conclusion of the area canvass the phase OC must submit a report to the OC Investigation outlining the circumstances of this particular aspect of the investigation. What should this report include?

A
  • Summary of all action taken
  • any significant findings highlighted
  • attention drawn to any action that has been undertaken which was outside of the original phase strategy
48
Q

An initial witness assessment enables the investigation team to identify…

A
  • whether due to personal characteristics of the witness or the circumstances of the offending the witness requires special consideration
  • availability of the witness
  • any needs the witness has for special assistance
  • the optimum approach to be taken with the witness
49
Q

By maintaining contact with witnesses police will be more likely to become aware of what?

A

Threats, intimidation or interference

50
Q

How may a witness refresh their memory for Court?

A

By reading any previously signed statements or interview transcripts

51
Q

In what situation could a witness enter the National Witness Protection Programme?

A

Where a serious threat to life is understood to exist

52
Q

How can anonymity for a witness be obtained?

A

By way of application or an order from the Judge

53
Q

List the responsibilities of OC Suspects.

A

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 ingredients of the offence
  • mitigating and dealing with possible defences that may be raised
  • providing a basis for further investigation
54
Q

Management of suspects falls into three categories. What are they?

A
  • identification and profiling
  • arrest/termination
  • interviewing
55
Q

What should the initial brief of the suspects team encompass?

A
  • 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
  • details of any descriptions of the suspect provided by witnesses
  • whether any particular modus operandi/crime signatures have been identified
56
Q

When you initially begin an investigation what factors might influence the setting of the investigation priorities?

A
  • relative weight of evidence against a person
  • likelihood of a person leaving the area
  • a particular urgency in solving the case
  • availability of staff
57
Q

List five sources of information which may contain information about a suspect.

A
  • financial info/bank records
  • CCTV and other images
  • personal computer information
  • telco info
  • voice recording systems
  • customer info including subscriber info
  • access/door security systems
  • tachographs
  • vehicle GPS
  • toll records
  • cellphones
  • internet websites
58
Q

List five factors that may mean a suspect requires special consideration.

A
  • linguistic
  • cultural
  • religious
  • medical condition
  • impairment
  • disability
59
Q

How can cross-contamination issues be avoided when dealing with suspects?

A
  • make an appreciation re which staff are assigned to seize clothing
  • assign separate officers to each suspect
  • keep suspects apart incl during travel and in cells
  • all clothing packaged, labelled, sealed in accordance with standard procedure
60
Q

Who is the person who appoints the File Manager and to whom the FM is responsible?

A

2IC Investigation

61
Q

What is the role of the File Manager, first and foremost?

A

Investigator

62
Q

List the main functions of a File Manager.

A
  • assist with establishing and maintaining Investigation Headquarters
  • operate the paper flow and associated structure in accordance with Serious Crime Document Management System outlined in the Serious Crime Template
  • manage the electronic and physical files relating to the investigation
  • support the 2IC by reading all docs for the purpose of highlighting important information to the 2IC
  • assist the 2IC with the identification and recording of evidential material
  • complete a synopsis of all docs received, excluding docs relating to covert policing activities
  • ensure a flow of information throughout the investigation
  • assist with the preparation of the prosecution file
  • assist with the management of the trial
63
Q

Who decides how a file will be managed?

A

2IC

64
Q

List the factors or requirements to consider when establishing the Investigation Headquarters.

A
  • location
  • office support staff
  • transport
  • equipment
  • communications
  • ICT requirements
65
Q

The file manager provides the link between who?

A

2IC and investigators

66
Q

Who generates and controls the issuing of directives?

A

2IC

67
Q

What is the purpose of a file review conducted by the file manager?

A
  • establish if any enquiries remain outstanding
  • conduct an assessment of the enquiries currently underway to establish whether they are still relevant
  • review sub-investigation and critical phases of the investigation
  • prepare for any external reviews that may occur
68
Q

What are the initial actions the Disclosure Manager must take on appointment to the role?

A
  • read the Disclosure Manager’s desk file
  • access the current Serious Crime Template for use during the investigation
  • report to the 2IC to receive a briefing, tasking, establishing what info is and is not discoverable, and ongoing supervision
69
Q

List five key responsibilities of the Disclosure Manager.

A
  • Ensure all relevant discoverable material is provided to the defence counsel
  • Ensure all relevant and non-discoverable material is identified, listed and defence counsel advised
  • Continually assess the risk to ensure that non-discoverable material is identified and not disclosed
  • Continually review to ensure that ongoing lawful justification to withhold exists for each document that is withheld.
  • Ensure a robust auditable systems are employed to record disclosure decisions and actions (This includes the disclosure index)
  • Manage disclosure timeframes within the provisions of the Act. or as directed by the court
  • Retain and file all correspondence with defence counsel, both incoming and outgoing, in the 50000 series document category.
  • Create a record of disclosure in NIA
70
Q

Explain s10(4), Criminal Disclosure Act 2008

A

Disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time of the request, provided this will be readily accessible to the defendant. Consideration must be given to whether the defendant has ready access to a computer, particularly if remanded in prison.

71
Q

What should be provided to the Crown in regards to disclosure?

A

An identical copy of all material disclosed to defence counsel AND
an unedited copy of the material where appropriate

72
Q

Who is ultimately responsible for making decisions regarding disclosure?

A

2IC Investigation

73
Q

Define ‘exhibit’.

A

Any item which comes into the possession of Police during the course of an investigation, whether or not it is eventually tendered in formal evidence.

74
Q

To whom does OC Exhibits report?

A

2IC Investigation

75
Q

When conducting an appreciation or interrogating an exhibit, what is the OC Exhibits trying to establish?

A

The

  • evidential value of each exhibit
  • investigative opportunities presented by each exhibit
  • further enquiries that are needed
76
Q

When updating the OC Investigation and 2IC the OC Exhibits must provide relevant info relating to what?

A
  • what exhibits have been found and their movements
  • the results of any exhibit examinations
  • whether any further enquiries are required
77
Q

What standards must be met for the OC Exhibits to accept an exhibit?

A
  • exh label contains exh number and Op name.
  • property is correctly packaged and sealed and exh label is visible and secured on the outside of the package
  • any prompt action necessary to preserve exh has been taken
78
Q

Why are forensic strategy meetings held?

A

To determine which exhibit or other forensic examinations are required and the priority of those examinations.

79
Q

List five topics that may be covered in a forensic strategy meeting.

A
  • what examinations ESR and others could conduct on exhibits
  • the priority each examination should receive
  • whether any further work is needed to assist a reconstruction
  • a plan for any work to be completed that is required to assist the reconstruction
  • an agreed reconstruction of the events relevant to the crime under investigation
80
Q

When preparing for trial, what is the OC Exhibits solely responsible for?

A
  • transporting exhibits to and from Court
  • exhibit security at the venue
  • production of exhibits at direction of prosecutor
81
Q

In what manner should exhibits be prepared for production at Court?

A
  • clearly demonstrates the evidential value of the exhibits

- avoids any risk of physical injury, disease, accident, contamination or damage

82
Q

Every person with custody of an exhibit must be able to demonstrate what? What is this called?

A
  • when they received custody of the exhibit and from whom
  • where and how the exhibit was securely stored
  • when, why and how the exhibit was moved from one place to another
  • how the exhibit has been treated, safeguarded and preserved
  • when and why they transferred custody of an exhibit to another person and to whom

This is called maintaining the ‘chain of evidence’.

83
Q

How is the integrity of the electronic Exhibits Register protected?

A

Only the OC Exhibits and typist have password access to it.

84
Q

What is the purpose of holding team conferences when investigating a major crime?

A
  • keep all members up to date with developments
  • give team members the opportunity to exchange views and pass on important information
  • give 2IC the opportunity to pass on instructions to staff on file management and other administrative matters
  • give OC the chance to brief the team on important investigative topics, priorities and which lines of enquiry to follow
85
Q

Which Police should attend the post-mortem?

A
  • OC investigation
  • OC body
  • a member specifically designated as exhibits officer for PM if required
  • Police photographer
  • SOCO or fingerprint officer if required
86
Q

What equipment/documentation must the OC body have ready for the PM?

A
  • MEK examination kit
  • toxicology kit
  • body label
  • notebook and pens for use solely during PM
  • Scene Exh Sched
  • completed POL47
  • POL265 Deceased Person Certificate
  • POL265A Deceased Person Identification
  • Exh packaging supplies incl envelopes, tape, exh labels, exh sacks
  • protective clothing
  • photos from scene showing body in situ
  • range of available exh numbers from OC Exhibits
  • Pre-printed exh labels
  • brown paper
  • firearms residue kit if relevant
87
Q

When conducting a risk assessment in relation to the area canvass, list four factors that should be considered.

A
  • violent offenders
  • persons wanted by Police for other crimes or on warrant
  • groups with particular linguistic or cultural needs
  • local incidents or issues which residents may raise with Police
88
Q

List five resources/tools available to OC Area Canvass.

A
  • street maps
  • aerial photos
  • geological info
  • local council records
  • open source internet apps
  • Police intel systems
  • public libraries
89
Q

List four alternative approaches that can be adopted by OC Area Canvass.

A
  • media
  • poster campaign
  • mail drop
  • high profile police presence, using a caravan
90
Q

What action should be taken regarding a Police officer who has first contact with an informant? Why should you do this?

A

Should be debriefed and full record made of their account. May be crucial if informant later becomes suspect.

91
Q

If a witness is to be considered a scene, list what types of evidence may be recovered from them?

A
  • DNA
  • fingerprints
  • clothes
  • footwear
  • fibres
  • body fluids
  • glass
92
Q

What is the purpose of conducting a RISK ASSESSMENT in relation to a witness interview?

A

To establish the extent to which a witness might be at risk of intimidation and/or physical harm.

93
Q

When particulars of alibi witnesses are notified concerning a matter in respect of which proceedings have been commenced, what must the investigator do?

A
  • make enquiries to determine the veracity of the alibi
  • conduct inquiries as directed by the OC Investigation and the Crown Solicitor including NIA checks on the alibi witness
  • forward the results of the these enquiries to the Crown Solicitor including any statements obtained
94
Q

Before any arrest/termination the OC Suspects must consult with OC Investigation regarding an arrest strategy. What must they ensure?

A
  • an investigator is appointed to be responsible for each suspect. Where possible make at an early stage to allow preparation.
  • the decision to prosecute, choice of charges and prosecution processes follow Solicitor-General’s Prosecution Guidelines
  • clarity on position by police on bail
  • authority to engage Crown Solicitor obtained from PPS
  • family of deceased updated via FLO
  • prompt preparation of prosecution file
  • compliance by Disclosure Manager or File Manager with the Criminal Disclosure Act 2008
95
Q

What are the responsibilities of OC Exhibits in relation to the examination of exhibits?

A
  • Ensure all exhibits are fully examined in accordance with Forensic Strategy meeting decisions
  • Maintain an awareness of the significance of each exhibit and what examinations may be available
  • Determine, plan and record the examination and interrogation of every exhibit and establish its relevance to the investigation
96
Q

List three instructions to give to witnesses at court to ensure control is maintained of the witness (so they don’t break any rules).

A
  • don’t have any contact or communication with jurors
  • don’t discuss the case in public areas while waiting to give evidence
  • don’t discuss the case with witnesses waiting after they have given evidence

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