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CIB Modules > 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
  • increases the chances of success
  • 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 - a short statement

Factors - so what? Therefore
Things that can effect outcome:
- location of suspect
- resources available
- evidence requiring preservation
- environment and weather conditions
- history of relevant parties

Courses open - all ways the aim could be achieved

  • list advantages and disadvantages of each including risks
  • what are the possible results or consequences
  • which course is the most appropriate
  • decide on the most appropriate course to achieve your aim

Plan - proposed course of action to achieve the aim

  • logical outcome of appreciation
  • clear and concise
  • recorded
  • delivered to staff with GSMEAC
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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.
  • attend post mortem
  • attend the debrief of the pathologist
  • ensure all cultural responsibilities have been met
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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 needs to be done

A
  • Record body position by sketch and use police photographer
  • with OC Scene consider marking body position
    Record Details of body position including:
  • 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
  • consider health risks when handling body
  • cover hands, feet and head with bags and tape secure
  • ensure clothing not contaminated
  • wrap body in plastic sheet and then in body bag
  • carefully search underneath where body lay
  • retain as exhibits all sheets, bags or other material used to transport body
  • obtain approval from OC investigation to remove body from scene
  • arrange undertaker, use sterile body bag and account for body at all times (lock)
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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? What might the pathologist findings include:

A

To establish the cause of death.

  • the mode and time of death
  • how injuries and events caused death
  • nature and size of weapons
  • approximate height and stature of suspect
  • identify areas for interview
  • negate defences
  • I’d victim
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27
Q

Appreciation prior to body removal

A
  • Notification to and response from the coroner
  • Consultation with other relevant experts
  • Requirement for any examination or action needed before body removal
  • Best method and route for body removal eg stepping plates
  • Supervision of the body removal
  • Chain of custody of the body from scene to mortuary
  • Safe custody of exhibits
  • Family or cultural considerations 
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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
  • OC Investigation directs when body is stripped
  • must only be stripped In the presence of the pathologist
  • Remove body from secure fridge and assist staff to take the body into the post-mortem examination room
  • Remove the body from the body bag causing minimal disturbance
  • Take possession of the body bag and any sheets or wrappings used to transport body as exhibits
  • If necessary, direct photographer to take additional photos
  • Remove clothing from body. Mortuary technicians may assist under supervision of OC body - Avoid scissors if possible and search pockets
  • Make inventory of clothing and possessions
  • Label each item
  • Seal each item in a separate bag
  • Insure exhibits do not cross contaminate
  • Maintain security and continuity of the body and exhibits until post-mortem commences
  • With had trauma consider sieve
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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
  • liaise closely with the OC investigation regarding info to be shared or held back
  • Familiarise themselves with the inquiry
  • Familiarise themselves with all information established concerning the family including culture, lifestyle, religion and communication requirements 
  • Familiarise themselves with previous police involvement with the victim all the family
  • Establish what contact the family has had with Police since the incident
  • What information has been given to the family
  • What information about the incident is already in the public domain
    
    profile the victim, prepare a family tree, gather all relevant info from family
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40
Q

Who else can take VIS from surviving family members?

A

Homicide trained Victim Support volunteer

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41
Q

What are the objectives of an area canvass?

A
  • ID offender
  • identifying and locating evidence such as vehicles, weapons, clothing
  • ID witnesses
  • gathering info
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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
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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.

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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

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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.

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46
Q

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

A
  • evaluate quality of completed work
  • identify lines of enquiry + update 2IC
  • monitor ongoing progress
  • facilitate detailed recordings
  • which addresses have been visited
  • which occupants interviewed
  • the documentation completed
  • any relevant comments made
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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
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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

Special consideration 105 evidence Act 2006 - evidence in alternate ways

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49
Q

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

A

Threats, intimidation or interference

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50
Q

How may a witness refresh their memory for Court?

A

By reading any previously signed statements or interview transcripts

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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

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52
Q

How can anonymity for a witness be obtained?

A

By way of application or an order from the Judge

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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
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54
Q

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

A
  • identification and profiling
  • arrest/termination
  • interviewing
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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
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56
Q

When you initially begin an investigation what factors might determine 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

Defence council relationships. Who communicates with defence? And what are the obligations when defence counsel is reassigned?

A

All communication with defence counsel should be conducted through the 2IC, or Crown solicitor

Insure the replacement council is provided with all material previously disclosed

61
Q

The format used to disclose documents to the defence or hardcopy, electronic disclosure, or a combination of both. The disclosure method selected will depend on;

A

Actual and anticipated scale of the investigation

Resources available to the disclosure manager

Technical ability of the disclosure manager

Number of persons charged

Sensitivity of material

Investigation file stored in electronic or hardcopy format

Scale of the file/amount of material to be disclosed


Defence council involved and any agreement reached for defence counsel to receive material in a particular format

62
Q

Name the four stages of disclosure

A

Initial disclosure

Further initial disclosure

Additional disclosure

Full disclosure

63
Q

Examples of 10000 series documents

A

Formal statements, briefs of evidence and witness statements

Visually recorded interview transcripts

Convictions of prosecution witnesses relevant credibility

Summary of facts

Notebook entries

Job sheets

Specialist reports

Expert evidence

64
Q

Examples of 50000 series documents

A

Search warrant applications

CHIS reports

Analytical material

Operation orders/briefing material

Conference notes

Notes in relation to covert investigation techniques

Surveillance device warrant applications

Material that is commercially sensitive

Material regarding alibi inquiries

Internal police reports and instructions

65
Q

Summarise case law for disclosure of Alibi Enquiries

A

Police are not obliged to provide disclosure regarding alibi inquiries.

R v Shaqlane 

66
Q

What provisions provide grounds to withhold information

A

S51, 52 or 53 Privacy Act 2020

S23 Victims Rights Act 2002 - VIS

S16 VRA 2002 - victims address

S179 S+S 2012 info acquired through S+S

S20 Financial transactions Act 1996 - suspicious transactions

67
Q

Statutory powers to require information

A

S17 Tax administration act 1994

S274 immigration Act 2009

S161 Customs and Excise Act 1996

S11 Social Security Act 1964

S5 Serious Fraud Office Act 1990

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 IMT 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 eg drying wet or bloodstained clothing in a drying facility
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.

The OC exhibits must ensure that all exhibits are fully examined in accordance with forensic strategy meeting decisions.

The OC exhibits maintains an awareness of the significance of each exhibit and what examinations may be available. The OC exhibit will determine, plan and record the examination and interrogation of every exhibit and establish its relevance to the investigation. 

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
  • in a manner that clearly demonstrates the evidential value of the exhibits eg mounting clothes on mannequin
  • 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

What is cross contamination

A

Trace evidence eg

Hair
Fibres
Paint
Blood

Is readily transferred from one item to another. Trace evidence that attached itself to a significant exhibit during the commission of the crime, become significant evidence when it is found. However if the evidence could have been transferred to the exhibit via third-party this represents cross contamination.

84
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
85
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
86
Q

Points to consider that may benefit area canvass. 4 points

A
  1. Use of experts
  2. Aide memoir and script
  3. Leaflets
  4. Other options:
    - media
    - poster campaign
    - mail drop
    - high profile police presence, using a caravan
87
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.

88
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

Consider:
- Immediate DNA swabs of any areas of the witness the suspect may have touched
- Immediate DNA swabs of any blood present on the witness
- Forensic medical examination such as fingernail scrapings hair combing

  • Avoid cross contamination by arranging witnesses to use different vehicles and interview rooms
  • Photograph witnesses at the scene
  • Photograph any injuries suffered by witnesses
89
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.

90
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
91
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
92
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
93
Q

Initial response to homicide

Steps taken on arrival at hospital with victim

A
  1. Obtain a medical opinion as to the victims current medical condition
  2. Seize the victims clothing and other possessions as evidence
  3. Establish the victims identity
  4. Obtain a pre-transfusion blood sample using Police toxicology kit containers
  5. Seize any discarded bandages used to cover gunshot wounds and record the position on the victim where each bandage had been applied
  6. Arrange firearms residue samples in cases where firearm use is suspected including from the victim of any apparent suicide involving firearm
  7. Note and photograph any injuries
  8. Arrange DNA swabs to be taken from the victim skin where they would be relevant to the circumstances of the case
  9. Obtain details of any and all persons who visit or contact the victim
  10. 18(1)(a) and 16(1) evidence act 2006
  11. Conduct a prelim interview with staff who treated the victim
94
Q

Victim shows no signs of life
Follow these steps when you discover a body

A
  1. Consider calling an ambulance and resuscitation if appropriate. If the victim has to be moved note the original body position and record any previous movements
  2. Remain with the body until relieved by CIB or supervisor.
  3. Arrange a doctor to pronounce life extinct unless death is obvious ie decapitated or decomposed
  4. Treat the victim as a scene
  5. Instruct medical staff to leave clothes on the body
  6. If medical treatment has been given then request that connecting tubes needles bandages and other medical items are left in situ
  7. If possible conduct scoping interviews with medical staff who treated the victim and establish their actions apparent cause of death and injury type
  8. Ascertain if the victim spoke to anyone before death and recalled what was said
  9. Record body position lividity obvious injuries and clothing.
  10. Objectively record everything observed using all sensors including site sound and smell include what is considered unimportant or non-evidential is after further investigation such information may become relevant
  11. Record all exhibits
  12. Sketch a plan including the position of the body and position of exhibits
  13. Provide full information to the OC investigation at an early stage
95
Q

Initial Action to Preseve a Scene

A

Identify
- initial assessment
- warrentless powers for evidential material s+s
- establish the crime scene itself
- consider possible approach paths and establish common approach path for movements in and out of scene
- consider other related crime scenes
- what’s happening who is there
- note and record observations
- establish a scene headquarters
- SITREP

Secure
- exercise powers to secure the scene
- removal of persons minimise disturbance
- establish cordons
- arrange and brief scene guards
- arrange crime scene logs
- prevent unauthorised persons from entering or leaving the scene
- prevent any further loss or damage to evidence caused by adverse weather or other factors, such as animals

Preserve
- consider the best path into the scene
- record any movements/actions taken
- preserve what is there and leave it in situ
- stepping plates
- prepare for immediate action - rain

Consider
- If initial photographs of the scene and persons present are necessary

Record
- Integrity of the scene by maintaining a crime scene log
- Observe and record full notes of details particularly the location of the victim
- Complete a sketch of the scene
- Photograph the scene and consider using video recording.
- Identify anything which is moved note the original position.
- Make an accurate record of these facts and report them to the OC 

96
Q

Initial questioning of a witness

A

What happened

Where exactly the incident happened

When it happened

Who was involved

What the witness did

Where the witness went

What the witness touched

Who touched the witness

Who else was present

Descriptions of those present

What did those other people present say or do

97
Q

Steps to obtain key material from witnesses

A
  1. Obtain full details of all persons present at the scene
  2. Assemble people in a clear area with a police officer
  3. Isolate witnesses from one another to reduce the likelihood of contamination or collusion
  4. Identify witnesses and conduct a brief scoping interview using teds
  5. Establish whether any persons have left the area.
  6. If the witness has made telephone calls from the saying establish the numbers such calls were made from Anne to and who answered. This may verify accounts and times.
  7. Record registration numbers of nearby vehicles to establish which drivers passengers may have been in the area
  8. Seize any CCTV relevant to the city to establish who may have been in the area at the time
98
Q

Suspects at the Scene

A
  1. Separate suspects from other persons at the scene
  2. Consider the condition of the suspect injuries under the influence of alcohol drugs suffer from a medical or mental impairment or other special consideration
  3. Ask them to remain seen into cooperate with Police as soon as possible remove the suspect from the scene by consent or lawful justification
  4. If the suspect refuses to cooperate consider where the grounds exist to arrest them and what the most appropriate offence will be.
  5. To prevent cross contamination issues considered using offices who have not entered the scene to manage the suspect.
  6. Caution the suspect where required
  7. Consider searching the suspect in the suspects vehicle and belongings
  8. Consider searching the vicinity of the suspect in the area or route they took to discover discarded evidence
  9. Note the suspects appearance and behaviour rips in clothing shocked agitated
  10. Record everything the suspect says and if appropriate consider a preliminary interview.
  11. Whenever possible interview suspect on DVD
  12. Brief the OC investigation highlighting any significant risks of cross contamination or movement within the scene.
99
Q

What needs to be obtained from informant/ complainant ?

A
  1. Identify and location of the suspect
  2. A first-hand account of what the complainant knows 
  3. Precise details of the location of the scene
  4. Circumstances leading to the discovery
  5. Identity of the victim
  6. Details of anyone else at the scene
  7. Full contact details of the complainant
  8. Demeanour of the complainant
  9. Relationship to the victim or suspect
  10. Details of action taken and where they have been
  11. Details of any hazards or safety issues that may affect police approaching the scene or victim 
100
Q

What things would OC body show/explain to brief experts?

A
  • photographs or video taken at the scene
  • actions of the first responders
  • identity of the body
  • history of the body - medical, drugs found in scene, developments since discovery of body
  • timeframes relate to finding if body
  • evidential expectations or requirements
  • environment at scene - weather
101
Q

Section 38 coroners act 2006

A

Who may attend a post mortem

  • pathologist
  • coroner
  • other pathologist assisting
  • doctor who treated deceased
  • doctor, nurse or funeral director representing deceased
  • doctor representing interests of suspect
  • police - OC body, investigation, fingerprints, assistant exhibits

-

102
Q

Equipment for post mortem

A
  • MEK
  • Toxicology kit
  • Notebook and pens
  • Exhibit Schedule
  • POL 47
  • POL 265 Deceased Person certificate
  • POL 265A …. Identification
  • Exhibit packaging supplies
  • PPE
  • photos from scene
  • exhibit labels
  • firearms residue kit
103
Q

FLO - what is an exit plan and who decides when it is executed?

A

OC Investigation

  • communicate to family at commencement of deployment
  • include plans for reactivation
  • ensure Victim Support services are ongoing.
  • any contact from family after just be reported to OC investigation
104
Q

FLO - suspect in the family
Who reviews plan and what must be considered?

A

OC Investigation

  • FLO’s welfare and safety
  • increased monitoring of FLO’s work and interaction with the family.
  • Level of information disclosure to the FLO and, in turn the family
  • The process by which any intelligence that arises from FLO contact with the family will be managed.
  • the need for the FLO to be clear on their interactions with the family
  • The importance of fully documenting all contact and interactions with the family
  • The possibility of deploying a more experienced FLO if appropriate
  • The deployment of a deputy FLO For corroboration issues in addition to supporting the principal FLO
  • not using the FLO In any search or rest of a family member
  • Investigative or evidential impact of deployment 
105
Q

FLO
Early issues for resolution

A
  1. Provide immediate information to the family and explain what happens next
  2. Provide the coronial booklet ‘when someone dies’
  3. Establish from family members any evidence, information or rumours so this can be passed to the OC Investigation
  4. Act quickly and effectively informing the OC investigation of concerns for personal safety threats or intimidation
  5. Facilitate practical support for family such as transport
  6. Protect family from unwarrented media intrusion
  7. Arrange temporary housing when the family home is a crime scene
  8. Where appropriate and on direction of the OC investigation, arrange for the crown solicitor to meet the family 
106
Q

FLO - Disclosure of information to the family when offender is arrested

A
  1. VNR
  2. Views on bail
  3. Charges laid or why not laid
  4. Date and place of each court appearance
  5. Release on bail of the accused
  6. Application made by accused
  7. Bail conditions
107
Q

FLO victim lifestyle
Examples of people and passive data

A

People:
- friends
- colleagues
- partners
- associates
- online contacts
- religious leaders
- travel movements

Passive:
- NIA
- CID
- medical history
- mental health records
- HSMU
- mobile phone records
- internet usage
- vehicle details
- banking material
- passport and immigration
- diaries

108
Q

FLO - Media
Duties

A
  1. Provide copy of ‘Media information letter to the family of deceased’
  2. Establish views on media appeals
  3. Request a family member to nominate a spokesperson
  4. Consult family before release of personal details relating to the victim
  5. Provide copies of media releases to family before distribution
  6. Inform family of significant developments before releasing information to the media
  7. Request approval from family to release a photograph of the victim 



109
Q

Area canvass
Identify Location Parameters
What relevant locations influence setting of location parameters?

A

Scenes:
- Sites were victims, offenders or witnesses have been present
- Sites where offences have taken place
- Sites where vehicles, property or exhibits have been found

Premises Within the line of sight of scenes

Access and egress routes to and from scenes

Areas where an offender may have lain in wait

Location where the victim was last seen alive

Locations or premises frequented by the victim

Locations of similar or previous incidents identified by intelligence

110
Q

Area canvas
Key points for team briefings

A
  1. Summarise the situation in detail the duties and areas of responsibility of each canvas team member.
  2. Emphasise the need for thoroughness and that every person in every household and visitors must be seen personally
  3. Stress that the questionnaire is only a guide to ensure the questions are asked but should be regarded as flexible
  4. Advise that evidence of possible probative value must be obtained in a formal written statement rather than notebook
  5. Consider visiting the area canvas to record every address including flats and vacant sections
  6. Insure all forms are completed and actioned
  7. Reconcile completed locations with the master copy to avoid duplication
  8. Advise staff on:
    - Action to take if they believe they have identified the suspect
    - Action to take if they locate items of evidential value
    - Action to take if individuals refuse to assist
    - How to complete the correspondence flow
    - What information can and can’t be disclosed during the area canvas
    
111
Q

After an area canvass - debrief confirms the following aspects

A
  1. Key locations Where door-to-door inquiries have been undertaken
  2. Para metres of initial police activity
  3. What questions were asked and any issues
  4. What records have been completed
  5. Who has been spoken to at what address
  6. Where the personal descriptions have been taken of persons seen
  7. Whether NIA/intel checks have been completed in respect of persons seen
  8. Relevant information provided by person seen
  9. Any intelligence obtained
  10. Where the persons have a credible alibi
  11. Where the witness interviews have been conducted or statements taken
  12. Details or locations of vehicles owned by persons interviewed
  13. Details of other persons who live or were present at the premises
  14. Identity of any suspects
  15. Details of premises where there was no response
  16. Confirmation that all notebooks of staff members involved or accounted for
  17. Were there any issues arose that could improve future performance 
112
Q

Why is it important to conduct area canvass at same time as offence?

A

In some cases, the area canvas should be conducted at the same time as the original offence occurred,

to capture people who regularly passed through that area at the time of the day; example being a homicide of a person in a park in the early hours of the morning

113
Q

Witnesses as a scene

A

A plan must be prepared to preserve and recover all available physical evidence from the witness including:

DNA
Fingerprints
Clothes
Footwear
Fibres
Body fluids
Glass
Other material 

114
Q

Police responsibilities to witnesses
Who, process, explaination

A

FLO - family contact
OC witnesses and 2IC investigation
- ensure court attendance
- court proceedings
- witness intimidation
- witness order
- witness media
- witness control (no contact with juror, no discuss case in public, no discuss case with witness after giving evidence)
- refresh memory - At court, request the witness refresh their memory by reading statement

File manager - victim views

File manager and 2IC - special consideration (205 E Act 2006)

115
Q

Witnesses
The informant - what might happen to police who have contact with them

A

They should be debriefed
a full record made of their account.
This record could become crucial if the informant is later identified as a suspect.

In some circumstances consideration should be given to interviewing such officers as investigativley important witnesses. 

116
Q

Witness
Why conduct a preliminary interview (4 points)

A

Information may lead to;

Early identification or arrest of a suspect

Recovery of evidence or information relevant to offence

Prevent the imminent disposal or destruction of evidence

Prevent the commission of other offences

117
Q

What issues should be considered when appointing an interviewer?

A

Level of training of the interviewer (level2, level3, child interviewer)

Experience the officer has an interview and witness in major investigations and any Additional skills (bilingual)

Suitability of the officer to undertake the interview (welfare, previous interaction with witness) 


118
Q

Summarise risk assessment, supervision, support, financial support for witness

A

Risk assessment
MUST be conducted to ascertain risk of intimidation/physical harm.

Interview supervision
Monitor for key witness to ensure key points and legal issues are maintained

Debrief phase
Debrief interviewers, identify need for supplementary interviews, risks or support needed?

Support
Explain court procedures and keeps fully informed

Financial support
VS $1500 grant and counselling. ACC can help with burial

119
Q

Type of witnesses

A

Witnesses who decline interview
Update OC investigation, provide details of info provided and any notes made in case later called by defence

Reluctant/uncooperative
Advice sought from OC phase or OC investigation
Rare cases Crown seek immunity from Solicitor General

Witness require protection
In need of protection from threats or violence
Serious threat to life - witness protection and anonymity by application to judge

Alibi witnesses
Make enquiries determine veracity of alibi
NIA checks for alibi witness
Results to crown

Children and young persons

Undercover witnesses

Police witnesses

120
Q

Who determines the status of a suspect?

A

Responsibility for determining the status of a person within the investigation rests with the OC investigation.

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 connection might relate to motive, opportunity or means 

121
Q

Why conduct briefings/debriefings?

A

So 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.

122
Q

List five ways possible suspects maybe indicated from or by?

A

Area canvas
Intelligence analysis
Police noting’s linking suspect to relevant area
Fingerprints
DNA samples
Witness evidence
Police family violence teams
CHIS
Response to public city and media reports

Other police employees or groups such as national intelligence centre and neighbourhood policing

Inquiries with external government agencies such as corrections, customs, community probation

Inquiries made with non-government agencies or venues such as hotels and hostels

123
Q

Who decides if a media release is distributed containing description of suspect?

A

OC investigation.

Can also be distributed to members of the search, area campus and investigation teams after review of all statements. 

124
Q

What three ways can photographs of clothing or duplicates of property be utilised?

A

For release to the media

To be used by investigators during an area canvas

In the conduct of suspect inquiries

125
Q

List five points that can be considered when the place of residence of a suspect is known?

A

NIA enquiries

Inquiries with local council to identify property owner

Conduct reconnaissance of area

Taking photos of persons and vehicles as they enter and leave the premises

Monitoring the address through surveillance

Monitoring use of phone through Production order of suspects telephone s74 search and surveillance

Inquiries with local authority and utility providers (gas, water, sky television)

126
Q

List five sources of information research should aim to collect about suspect

A
  1. Names or alias
  2. Criminal history
  3. Places of residence, work and other
  4. Details of vehicles owned or used 
  5. Details of all phones used
  6. Full description of the suspect
  7. Recent photograph of the suspect
  8. Medical records
  9. Licence details held for firearms
  10. Email social media
  11. Intel nothings
  12. Employment and attendance record
  13. Marital status
    
127
Q

List five points the OC Suspects may consult the OC investigation regarding arrest strategy

A

To ensure:

  1. An investigator is appointed to be responsible for each suspect. These appointments will be made at an earlier stage so they can adequately prepare for the interview
  2. The decision to prosecute are conducted in accordance with the solicitor general prosecution guidelines
  3. Clarity on the position Police will take on bail 
  4. Authority to engage the crown solicitor
  5. The family of the deceased updated via the FLO
  6. Prompt preparation of the prosecution file
  7. Compliance by the disclosure or file manager 
128
Q

Prior to interviewing a suspect the OC suspects should … List five things to consider 

A
  1. Liaise with OC investigation on selection of interviewer and whether a level two or level three trained interviewer should be used
  2. Consult with OC investigation regarding most appropriate mode of recording interview (usually video)
  3. Consult with OC investigation the status of a person as a witness, person of interest or suspect. Caution or not.
  4. Consider whether person requires special consideration - Linguistic, cultural, religion, medical, disability
  5. Insure the interviewer is fully briefed
  6. Insure interviewer has prepared a detailed interview plan
129
Q

What three points must OC suspects ensure during any interview of a suspect

A
  1. The interview is conducted in accordance with the investigative interviewing suspect guide
  2. The interview is monitored by a supervisor or experience detective to ensure all key points are covered
  3. Insure an explanation is sought from the suspect in relation to any exhibits found 
130
Q

What must the doctor do when examining a suspect? 

A
  1. Note any injuries such as scratches or bruises
  2. Take samples identified as necessary by (Aussie) investigation using an MEK kit including:
  • blood
  • saliva
  • head hair
  • pubic and body hair
  • fingernail scraping
  • swabs of hands or other area
  1. Swap the suspects hands for firearms residue using a specialist kit
  2. Provide a professional opinion regarding the condition of the suspect

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

131
Q

Under what enactment can a medical examination of a suspect to be taken by force? 

A

Section 88 of the search and surveillance act 2012

132
Q

What documentation must be completed when a suspect is arrested for a homicide or other serious crime? 

A
  1. NIA entry
  2. Message to the deputy commissioner by completing an update on the serious incident report database
  3. Cancellation of NIA ‘wanted’ references
133
Q

What must the OC Suspects do in investigating any alibi offered? 

A
  1. Make inquiries of people other than the persons whose particulars have been supplied to confirm or about evidence in support of the alibi
  2. Complete inquiries to establish where the suspect was at the time of the offence who they were with and what they were doing
  3. Where ever possible cooperation of the alibi provided by the suspects should be sought from forensic or other sources that are independent of the suspect 
134
Q

OC exhibits
In a homicide investigation it is recommended that the OC exhibits is a qualified detective preferably with previous experience in?

A
  1. Mass exhibit handling
  2. Forensic principles
  3. Methods of exhibit recovery
  4. Approved procedures for packaging and security of evidence
  5. Managing contamination and cross contamination issues
  6. Use of standardised documentation as contained in IMT or Prop
135
Q

What is the OC exhibits responsible for?

A

Required standards for the:

Recovery

Handling

Labelling

Storage

Submission to expert

Presentation at court

disposal of exhibits 

And Insuring these processes are completed in accordance with the requirements set by the OC investigation and IMT

136
Q

Why does OC exhibits Develop a forensic strategy?

A

Allows the OC exhibits to prioritise tasks in line with the direction of the investigation. The strategy must be approved by the OC investigation and continually review throughout the investigation to keep abreast of any developments

137
Q

Steps for submission of exhibit for forensic examination

A
  1. Ensure exhibit examination decisions are confirmed through the forensic strategy meeting process
  2. Record in IMT and PROP a all decisions Taken about the types of examinations to be conducted and the priority allocated to each exam
  3. Insure the OC investigation has authorised the proposed examination
  4. Prepare the necessary papers for ESR or other expert eg POL 143
  5. Insure any exhibits identified for forensic examination are prepared before being delivered including separately wrapped, sealed, labelled with POL 143
  6. Deliver exhibit for scientific examination promptly to avoid deterioration and loss of evidence
  7. Inform the expert undertaking a scientific examination if it is no longer required
138
Q

What legislation allows Defence council to inspect exhibits?

A

S19(1) Of the criminal disclosure act 2008

139
Q

What is chain of custody?

A

The chain of custody includes every individual who has had custody of an exhibit, from the time it was first discovered until the time it is produced in court.

It is used to demonstrate the integrity, and therefore admissibility, of exhibits.

CIB Modules (27 decks)

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