Serious Crime Flashcards

1
Q

What are the two key tasks of any investigation?

A

Gathering & Preserving Evidence
Documentation

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2
Q

What are some examples of high standards in the investigation process (6)? (ImAtCeAdTwC)

A

Investigative mindset
Appreciation Technique
Consider how your decisions will be scrutinised under cross examination in Court
Attention to detail
Team work
Excellent communication skills (written and oral)

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3
Q

What is the purpose of team conferences (4)? (UEIB)

A

Keep team up to date
Exchange views
Pass on instructions
O/C brief team

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4
Q

Who are team conferences usually chaired by?

A

O/C

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5
Q

What are the four types of conferences (DRIP)

A

Initial conference
Regular conference
Debriefing conference
Phase team conference

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6
Q

What are the benefits of positive action during the initial stages of an investigation?

A

Minimise any loss
Maximise opportunities to secure relevant information i.e., intelligence and admissible evidence

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7
Q

What are some examples of incidents that may not initially be identifiable as homicide

A

Missing persons
SUDI
Unexplained death
Abduction
Report of violence where no fatalities are anticipated
Crime scene without a body present
Hit and run 1V
Suicide
Fatal fire
Drug-related deaths

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8
Q

What does VAWSEEPO stand for

A

Victims: identify and locate the victim(s)
Appreciation: make an initial appreciation of the incident. Assess personal risk and then preserve the lives of others
Witnesses: locate and contain witnesses
Scene: preserve the scene (e.g. set boundaries)
Exhibits: note evidence and preserve any that would otherwise be lost or destroyed
Elements: consider whether the ingredients of the alleged offence have been established
Powers: identify what powers are available and consider whether to execute them
Offenders: identify and apprehend suspect(s)

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9
Q

What four aspects should you do regarding initial action at a scene? (FCGP)

A

Freeze
Control
Guard
Preserve

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10
Q

What are the 6 basic principles underpinning all serious crime investigations? (APPIIS)

A

Appreciation process
Preserve life
Preserve scene
Identify and apprehend suspects
Secure evidence
Identify victim

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11
Q

What is the definition of appreciation?

A

A proven method of problem solving.

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12
Q

What are the benefits of applying an appreciation technique (8)?

A

Informs all Police what they are expected to achieve
Increases the chances of success i.e., the investigative aims/objectives being met
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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13
Q

What steps should be followed to conduct an appreciation?

A

AFCO: Aim, Factors, Courses Open, Options/Plan.

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14
Q

What is the definition of ‘Aim’?

A

short (one line) statement which succinctly demonstrates a single objective.

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15
Q

What is the definition of ‘Factors’?

A

Circumstance or fact that could have an effect on how you achieve your outcome

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16
Q

What is the definition of “Courses Open”?

A

Courses open are a list of all the possible ways the aim could be achieved, bearing in mind the factors and the deductions made from those factors.

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17
Q

What questions must be asked when considering Courses Open?

A

What are the possible results or consequences of each alternative?

Which alternative is the most appropriate way to reach the objective?

From these considerations, decide on the most appropriate course to achieve your aim.

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18
Q

What is the definition of “Plan”?

A

A plan is a proposed course of action designed to put the selected course into action in order to achieve the desired aim.

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19
Q

What must a plan be?

A

Clear, concise and leaves no room for misinterpretation
Designed to avoid introducing matters not previously considered by the appreciation
Consistently considerate of safety issues
Recorded
Delivered to staff using the GSMEAC format

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20
Q

What are the three categories when establishing the physical condition of the victim?

A

Alive and uninjured
Alive but injured
Shows no signs of life

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21
Q

What steps should you take on arrival to hospital when a victim is alive but injured (11)

A

Medical opinion of the victim’s current medical condition
Seize the victim’s clothing and other possessions as evidence
Establish the victim’s identity
Obtain a pre-transfusion blood sample using Police Toxicology Kit containers
Seize any discarded bandages and record the position
Arrange firearms residue samples
Note and photograph any injuries
Arrange DNA swabs to be taken from the victim’s skin
Obtain details of any and all persons who visit or contact the victim
Conduct a scoping interview with the victim
Conduct a prelim with ambulance and emergency staff who treated the victim

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22
Q

What is outlined in s18 of the Evidence Act 2006?

A

(1) A hearsay statement is admissible in any proceeding if –
(a) The circumstances relating to the statement provide reasonable assurance that the statement is reliable; and
(b) Either –
(i) The maker of the statement is unavailable as a witness; or
The Judge considers that undue expense or delay would be caused if the maker of the statement were required to be a witness6?

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23
Q

When considering a hearsay statement as admissible evidence, what circumstances should you also consider regarding reliability?

A

The nature of the statement
The contents of the statement
The circumstances relating to the making of the statement
Circumstances relating to the veracity of the person making the statement
Circumstances relating to the accuracy of the observation of the person

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24
Q

What steps should you take when you discover a body (13)?

A

Ambulance and resuscitation. If the victim has to be moved, note the original body position
Remain with the body
Arrange a doctor to pronounce life extinct (unless the death is obvious)
Treat the ‘victim’ as a scene
Instruct medical staff to leave clothes on the body
If medical treatment has been given, request that all medical items are left ‘in situ’
Conduct scoping interviews with medical staff to establish their actions, apparent cause of death and injury type(s)
Ascertain if the victim spoke to anyone before death and record what was said
Record body position, lividity, obvious injuries and clothing
Objectively record everything observed using all senses.
Record all exhibits
Sketch the scene
Provide full information to the OC investigation

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25
Q

What five steps should the first Police officers arriving at the scene take?

A

Identify
Secure
Preserve
Consider
Record

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26
Q

What is a crime scene log?

A

A log that records the details, time and purpose of all persons who enter, attempt to enter, or leave the crime scene, as well as any other activity around the crime scene which the scene guard perceives to be relevant to the case

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27
Q

What is the purpose of a crime scene log?

A

no unauthorised entry
Integrity of evidence or potential evidence is secured
Intelligence opportunities are maximised
Contamination issues are managed

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28
Q

What are the duties of a scene guard? (SsRdCmRmBoAdPsBr)

A

Secure scene
Record details
Control movements
Record movements
Brief others
Avoid disturbance
Protect scene
Remain on duty until relieved by the incoming scene guard
Brief replacement
Respect security
Demonstrate courtesy
Inform others

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29
Q

What approach should be made regarding witnesses (8)?

A

Obtain full details of all persons present at the scene
Assemble people in a clear area
Isolate witnesses
Identify witnesses and conduct a brief scoping interview
Establish whether any persons have left the area
Record and/or photograph call logs on the witnesses’ phones
Record registration numbers of nearby vehicles
Seize any CCTV relevant to the vicinity/routes to establish who may have been in the area

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30
Q

What steps should be taken regarding suspects at the scene (12)?

A

Separate suspects from other persons
Observe and record the condition of the suspect
Ask them to remain at the scene and as soon as possible remove them by consent or with lawful justification
If the suspect refuses to cooperate, consider whether grounds exist to arrest
Prevent cross contamination by using officers who have not entered the scene to manage the suspect
Caution the suspect when arresting, detaining, or questioning
Search the suspect and suspect’s vehicle
Search the vicinity of the suspect and the area or route they are thought to have taken
Note the suspect’s appearance, behaviour and demeanour
Record everything the suspect says
Interview on video
Brief the OC investigation on their arrival, highlighting any significant risks surrounding cross-contamination or movement within or near the scene

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31
Q

What are the three key elements of a homicide?

A

The victim
The suspect
The location

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32
Q

What role is the deputy of OC Body assigned (SEO)

A

Scene Exhibits Officer

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33
Q

What are the responsibilities of OC Body (13)?

A

Ensure death is signed off
Maintain security of the body from the scene to the PM
Secure and guard the body
Note and record observations
Note details of medical staff
Record what actions have been taken by anyone in respect of the body
Arrange transportation of the body to the mortuary
Complete sudden death procedures
Arrange formal ID
Obtain historical medical records
Attend the PM
Attend the debrief of the pathologist and record the findings
Ensure all cultural responsibilities have been addressed

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34
Q

What is involved in the PM for OC Body and OC Investigation

A

Attend the pathologist briefing
Ensure the Police photographer photographs the body before and after clothing is removed, and during the PM
Preserve evidence from the body
Record, label and secure all samples and exhibits
Arrange for fingerprints

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35
Q

What is the OC Investigation responsible for re body (3)?

A

Contact the coroner
Arrange the PM, in consultation with the coroner
Consult the pathologist before the PM commences considering X-ray/CT/CAT scans of the body

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36
Q

Who can certify death?

A

Suitably qualified medical practitioner
Suitably qualified paramedic

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37
Q

What factors should be considered prior to removing the body from the scene (9)?

A

Coroner’s advice
Views of the pathologist, ESR forensic scientist, and Crown Solicitor attending the crime scene
Consultation with other relevant experts
Requirement for any other examination
Best method and route for body removal
Supervision of the body removal
Safe custody of exhibits
Family and/or cultural considerations
The appreciation should record the SOP regarding protective clothing. The SOP is recorded once and adhered to from here (rather than recording every use or change of clothing)

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38
Q

What should occur if it is established the body has been disturbed prior to arrival?

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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39
Q

Who should be consulted regarding taking specimens from the body at the scene?

A

Attending ESR staff
The pathologist
The OC Investigation
Crime Scene Coordinator (or OC Scene)
Fingerprint Officer

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40
Q

What are examples of specimens that may be taken from the body at the scene?

A

Larvae and insects
Potential fingerprint evidence
DNA swabs
Extraneous items such as loose hairs, fibres, glass, paint or other fragments
Firearm residue samples

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41
Q

What steps should be followed regarding removal of the body (11)?

A

Record the position of the body by sketch plan and Police photographer
Consider marking and recording the position of the body e.g., measuring the distance from the body to the nearest fixed features
Record all details of the position of the body including:
- Position of the limbs
- Appearance of the body
- Wounds and clothing
- Direction of any trails of blood on the body
- Lividity
- Extent of rigor mortis present
Health risks
Cover the hands, feet and head with PAPER bags
Ensure clothing on the body is not contaminated
Wrap the body in a plastic sheet and place it in a body bag
Carefully search underneath where the body lay
Retain, as exhibits, all sheets, bags or other materials used the transport the body
Obtain approval from the OC Investigation
Arrange a contracted undertaker to transport the body to the mortuary

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42
Q

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

A

Observe, document and deal with exhibits associated with the body, in a structured, methodical manner.

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43
Q

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

A

Actively manage all aspects of how the body, body samples and other exhibits associated with the body are treated and give directions to ensure required procedures are followed and that the pace of the examination does not exceed the ability of the OC Body to perform their role

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44
Q

What is the primary reason for conducting a PM?

A

To establish the cause of death

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45
Q

Who may attend a PM?

A

Pathologist
Coroner
Any other pathologist assisting (if authorised by the Coroner)
A doctor who treated the deceased
A doctor, nurse or funeral director representing the deceased (ABC)
A doctor representing the interests of a suspect who has or may be charged in relation to the death (ABC)
Any other doctor or trainee doctor (ABC)
Police
Any other person authorised by a Coroner
ESR forensic scientist
Crown Solicitor

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46
Q

What Police staff should attend a PM?

A

OC Investigation
OC Body
OC Exhibits officer for the PM
Police photographer
SOCO or fingerprint officer, if required

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47
Q

What experts may be consulted regarding the conduct of the PM?

A

Odontologist
Biologist
Medical illustrator
Toxicologist
Ballistics expert
Crime scene examiner
Entomologist
Anthropologist
Disaster Victim Identification

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48
Q

What equipment should be taken to and/or available for the PM?

A

MEK examination kit
Toxicology kit
Body label
Notebook and pens for use solely during the PM
A Scene Exhibit Schedule Form
Copy of completed POL47
Deceased Person Certificate
Deceased Person Identification
Exhibit packaging supplies
PPE
Photographs from the scene
A range of available exhibit numbers
Pre-printed exhibit labels
Roll of brown paper
Firearms residue kit

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49
Q

On arrival at the mortuary, what steps must the OC Body take

A

Ensure mortuary staff do not wash the body
Ensure the body is labelled and secured in the secure mortuary fridge
Retain any key used to secure the body, until it is required for the PM
Ensure the body remains in its present condition until the commencement of the PM
Arrange formal identification of the body

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50
Q

If the body is visually unidentifiable, what methods may be used to confirm ID

A

Fingerprints
DNA profiling
Dental records, available through the Region Forensic Dentistry Advisor
Eye examination records
Medical examination records
Personal effects
Facial reconstruction

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51
Q

What information can be provided by a pathologist when bones are located?

A

Whether remains are actually bones
Whether the bones are human
The age, gender, height and race of the person

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52
Q

What is the role of the pathologist during a PM?

A

Records a description of the body, including: height, weight, build, eye colour and hair
Records the body’s external appearance (front and back) including: injuries, bruises, scars, scratches, discoloration and imperfections
Uses specialist kits for collecting evidence samples

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53
Q

What must the OC Body do regarding exhibits taken during a PM?

A

The OC Body is responsible for recording, labelling, packaging, sealing and securing all physical exhibits relating to the body, including samples taken during the PM

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54
Q

How must wet or damp exhibits be dealt with?

A

Must be unsealed and dried in a controlled environment such as at a Police drying room, with due regard for the integrity of the exhibit. Once dry, they can be re-packaged and re-sealed.

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55
Q

Under what circumstances might a second PM be required?

A

The pathologist is unable to determine cause of death
A suspect’s lawyer seeks approval from the Coroner to conduct an independent PM
The Solicitor General orders a further PM, after an application to the High Court

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56
Q

What information might be obtained from blood samples?

A

Usually taken for toxicological and serological purposes

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57
Q

What information might be obtained from stomach contents samples

A

Taken for both toxicological analysis and to identify the nature of the last meal. Analysis of entire stomach contents may also assist with establishing a time of death

58
Q

What information might be obtained from head and pubic hair samples?

A

This is necessary for use as a control to distinguish between foreign hair found on the body and the victim’s hair. It can also be used to provide a DNA profile

59
Q

What information might be obtained from urine samples

A

For toxicological analysis.

60
Q

What information might be obtained from ocular fluid samples?

A

Can indicate levels of drugs and alcohol present in the body, a few hours before death. Is useful when a body is badly decomposed.

61
Q

What information might be obtained from bile and liver samples?

A

Sometimes taken for toxicology examination

62
Q

What information might be obtained from lungs samples?

A

In cases where the body has been burnt, they can help identify any accelerants used.

In drowning cases, the presence of diatoms or the lack of them, can be useful for determining whether or not death occurred while the face was submerged in water and identifying possible sources of water

63
Q

What information might be obtained from organ samples?

A

They can be studied with the naked eye for injuries and natural disease and specimens are taken for microscopic examination.

64
Q

What information might be obtained from nasal cavities samples?

A

Nasal washings should be considered in cases where the victim has been killed or located outside. These should be secured for later pollen analysis.

65
Q

What is the primary role of an FLO?

A

Involves the day-to-day management of the partnership between the family of the deceased and the Police investigation.

The primary function of an FLO is that of an investigator and not a support person. However, in performing this role, the FLO must offer, facilitate and co-ordinate support that addresses the needs of the family

66
Q

How is ‘family’ defined for FLO responsibility?

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

67
Q

What must the FLO do prior to meeting the family?

A

Liaise closely with the OC Investigation regarding what information is to be shared and/or held back
Familiarise themselves with the enquiry
Familiarise themselves with all information established concerning the family
Establish what contact the family has had with Police since the incident/death
Establish what information has been given to the family
Establish what information concerning the incident is already in the public domain

68
Q

What is the time frame associated with victim impact statements?

A

The victim impact statement must be available for sentencing and should be no older than 28 days at the time of sentencing.

69
Q

What should the family be notified of in relation to information released to the family

A

Programmes, remedies, or services available through Police to the family as victims in their own right (section 11)
Progress of the investigation (a legal requirement under section 12)
The family’s role as witnesses in the prosecution of the offence
When an offender is arrested, the FLO must:
Inform the family of their rights to register on the VNR
Ascertain the family’s views on bail
Inform the victim’s family of:
- Charges laid
- The date and place of each Court appearance
- Release on bail of the accused
- Any application made by the accused
- Details of bail conditions

70
Q

When examining the lifestyle of a victim, sources of information frequently fall into which two categories

A

People
Passive data

71
Q

What are some examples of people when looking at examining the lifestyle of a victim?

A

Friends
Colleagues
Partners
Associates
Online or social media contacts
Hobbies and habits
Travel movements
People along the routes they were known to take
Customers or suppliers
Religious leaders or associates
Cultural associations
Other people that they come into contact with

71
Q

What are some examples of passive data?

A

NIA
CID
Medical history
Mental health records
HSMU
Landline telephone details and associated enquiries
Mobile telephone records
Internet usage
Vehicle details
Banking and other financial material
Diaries, letters and personal documents
Photographs and video footage belonging to family, friends and the victim
Passport and immigration

72
Q

What must an area canvass be? (TFT)

A

Timely, flexible and tactical

73
Q

What does an area canvass provide

A

A snapshot of the community at the time and place at which the offence occurred.

It serves to identify evidence and information that may assist the investigation.

74
Q

What are the main objectives of an area canvass?

A

Identifying the offender
Identifying and locating evidence, such as vehicles, discarded clothing, weapons and other articles
Identifying witnesses
Gathering information

75
Q

What are some benefits to conducting an area canvass?

A

Sightings of the victim or offender before or after the event
Sightings of relevant property or vehicles
Sightings of potential witnesses
Creating the opportunity for an early arrest through early identification of the offender
Obtaining key information 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

76
Q

What steps should be followed regarding an area canvass briefing (8)?

A

Summarise the situation and detail the duties and areas of responsibility of each canvass team member
Emphasise the need for thoroughness and that every person in every household and visitors must be seen personally
Stress that the questionnaire is only a guide
Advise that evidence of possible probative value must be obtained in a formal written statement rather than notebook form
Consider visiting the canvass area to record every address including flats and vacant sections and then reconcile these premises with the map
Ensure all forms are completed and actioned as outlined
Reconcile completed locations with the master copy to avoid duplication
Advise staff on:
- What action to take if they believe they have identified the suspect
- What action to take if they locate items of evidential value
- What action to take if individuals refuse to assist
- How to complete the correspondence flow
- What information can be disclosed during the area canvass
- What information must not be disclosed

77
Q

Why should the OC Area Canvass continually review completed canvass forms?

A

Evaluate the quality of completed work and provide quality assurance
Identify lines of enquiry to be highlighted to the 2IC
Monitor ongoing progress of the canvass
Facilitate the detailed recording of progress

78
Q

What part of the master record should be continually maintained and updated by the OC Area Canvass?

A

Which addresses have been visited
Which occupants have been interviewed
The documentation completed
Any relevant comments made

79
Q

What are the four points to consider that may assist an area canvass?

A

Use of experts
Use of an aide memoir and script
Leaflets
Other options (when limiting the extent of the area canvass) – media, poster campaign, mail drop, high profile police presence, using a caravan

80
Q

What is involved in Part A of the questionnaire?

A

Part A records the:
- Street name
- House number
- Flat number
- Personal details of all residents
- Personal details of all other people who were visiting the address at the time of the offence
- Vehicles used by all residents and visitors to the address
One copy of the form is needed for:
- Each dwelling
- Each flat or apartment in the case of multiple dwellings on a single property
- A vacant dwelling or empty section

81
Q

What is involved in Part B of the questionnaire?

A

This is used for each person who is interviewed during the canvass.
Part B records the:
- Personal details
- Home details
- Work details
- Answers to specific questions
Any evidential information provided by the witness must also be recorded by way of Formal Written Statement

82
Q

As part of the area canvass checklist, what should the OC Area Canvass check off before the area canvass (5)

A

Obtain suitable street and other maps of the area.
Visit and inspect the canvass area to record every address including flats and vacant sections. Confer with the OC Investigation to establish parameters.
Reconcile the list of premises with the map.
Develop an area canvass strategy including:
- Area canvass objectives
- Location parameters
- Time parameters
- Risk assessment
- Identifying suspects/persons of interest
- Resources
- Use of questionnaires

83
Q

As part of the area canvass checklist, what should the OC Area Canvass check off during the area canvass (6)?

A

Fully brief all staff
Ensure all forms are completed and actioned
Shade in the map as each household is completed
Maintain a detailed ongoing record of area canvass results showing addresses visited, occupants spoken to, documentation completed and relevant comments
Visit team members regularly during the area canvass to monitor welfare, maintain control, morale, enthusiasm and efficiency
Attend investigation squad conferences and supply situation reports

84
Q

As part of the area canvass checklist, what should the OC Area Canvass check off after the area canvass

A

On completion of area canvass, the OC Area Canvass must:
- Conduct a debrief of canvass staff
- Ensure all questionnaires are reconciled with the master list
- Ensure all staff notebooks are accounted for
- Submit a report to the OC Investigation detailing the results of the area canvass

85
Q

What strategies can be used to identify witnesses?

A

Viewing CCTV
Media releases and appeals
Area canvass
Interviews with victims and other witnesses
Suspect interviews
Anniversary appeals
Road check points

86
Q

What should be considered as part of the initial enquiries to use strategies to identify witnesses? (5)

A

Place where the victim was last seen alive
Place where initial contact with suspect took place
Place where victim was assaulted
Murder site
Body deposition site

87
Q

Regarding recordings, what process should be followed to obtain these from a witness

A

Obtain informed consent to hand the device to police so the recording can be safely downloaded
Organise for a suitably qualified technician to visit the witness to download the material when the recording device isn’t readily available
Consider invoking a warrantless search to seize the recording as evidence

88
Q

What information might be gained from a prompt, preliminary interview?

A

Early identification or arrest of a suspect
Recovery of evidence or information relevant to the offence
Prevention of the imminent disposal or destruction of evidence connected to the investigation
Prevention of the commission of other offences

89
Q

What are some examples of providing a witness alternative ways of giving evidence?

A

Giving evidence from behind a screen
Giving evidence from an appropriate place outside the courtroom
Giving evidence in chief by way of a video recording

90
Q

Who should interview adult witnesses who are considered investigatively important?

A

An accredited level 3 specialist adult witness interviewer
An accredited level 2 advanced interviewer where no level 3 interviewer is available

91
Q

Who should interview witnesses in serious and complex crime investigations (who are not considered investigatively important)?

A

An accredited level 2 advanced interviewer

92
Q

Who should interview children or any person suffering from an intellectual impairment?

A

A forensic child interviewer

93
Q

What does a witness interview plan normally cover?

A

The time and location of the interview
The amount of information to be disclosed to the interviewer
Setting interview objectives
Supporting the interview, for example, employing an interview monitor
The structure of the interview, i.e., whether the interview will be recorded on video, audio, or written

94
Q

What is involved in the debrief phase of a witness interview?

A

Debriefing the interviewers
Identifying any need for supplementary interviews
The assessment of any risk to the witness and identification of any associated steps required to ensure their ongoing support and safety

95
Q

Through Victim Support, what financial support is available for victims of serious crime?

A

A discretionary grant of up to $1500 for families of homicide victims
Free counselling for families of murder and manslaughter victims. Initially six hours are approved with the option to increase to 15 hours and up to a maximum of 30 hours

96
Q

What is the FLO responsible for regarding witnesses?

A

Maintaining contact: ensuring the victim’s NOK are regularly updated of the progress by both the enquiry and Court proceedings

97
Q

What is the OC Witnesses responsible for?

A

Ensuring court attendance
Court proceedings
Witness intimidation
Witness order
Witness media interest letters
Interpreter issues
Welfare issues
Witness control
Refreshing memory
Arrange name suppression
Expenses (in conjunction with the OC Investigation)

98
Q

What is the File Manager responsible for? (Vic)

A

Victim views: appropriate file documents are completed:
- Record of victim contact
- Victim impact statement
- Court Services Victim Referral
- Bail Opposition
- Victim request to be notified of bail etc.
Special measures

99
Q

Who should provide evidence first in a trial?

A

A
OC Exhibits (so that subsequent witnesses can refer to exhibits/photographs etc.)

100
Q

What are the 7 different types of witnesses?

A

Witnesses who decline to be interviewed
Reluctant/uncooperative witnesses
Witnesses requiring protection
Alibi witnesses
Children and young persons
Undercover Police officers and Covert Human Intelligence Sources
Police witnesses

101
Q

When provided with the particulars of alibi witnesses, what must the investigator then do.

A

Make enquiries to determine the veracity of the alibi
Conduct inquiries including NIA checks on the alibi witness
Forward the results of these enquiries to the Crown Solicitor, including any statements obtained

102
Q

At what age is a person deemed a child witness?

A

Means a person under the age of 18 years.

103
Q

What is the purpose of the Suspects Team?

A

Obtaining information about suspects/POIs
Thoroughly profiling and investigating all suspects/POIs 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
Mitigating and dealing with possible defences that may be raised
Providing a basis for further investigation

104
Q

What are the three categories when managing suspects? (PAI)

A

Identification and profiling
Arrest/termination
Interviewing

105
Q

What are the responsibilities of OC Suspects?

A

Briefing the suspects team
Determine investigation priorities
Provide briefings/debriefings
Identifying suspects
Prepare descriptions
FACES (computerised facial identification system)
Media publicity and property duplicates
Photograph board
Suspect’s residence
Trace, Interview and Eliminate enquiries (TIE)
Intelligence categories (intel on the suspect)
Sources of information (similar to above)
Identification procedures

106
Q

What is involved in the initial briefing of the suspects team? (CDDMo)

A

Circumstances of the offence
Details of all suspects/POIs,
Descriptions of the suspect
Modus operandi identified

107
Q

What is a passive data generator?

A

Automated systems that gather and collate information for various purposes.

108
Q

What are some examples of passive data?

A

CCTV and other images
Telco information
Customer information including subscriber information
Access/door security systems
Vehicle GPS
Internet websites

109
Q

What should the OC Suspects do when preparing to interview a suspect?

A

Selection of an appropriately trained interviewer
What mode of recording the interview (usually video)
Determine the status of the person as a witness, POI or suspect
Whether the person requires special consideration
Consult with other interviewing experts
Ensure the interviewer is fully briefed including the elements that need to be established
Ensure the interview has prepared a detailed interview plan

110
Q

What are examples of samples that may be taken by a doctor using a specialist Medical Examination Kit?

A

Blood
Saliva
Head hair
Pubic and body hair, if relevant
Fingernail scrapings
Swaps of the suspect’s hands or other relevant areas

111
Q

What power do Police have to have the suspect undergo a medical examination and provide bodily samples

A

Section 88 of the Search and Surveillance Act 2012 – evidential material that is reasonably believed to be on the outside of the suspect’s body

112
Q

What photographs should be obtained of the suspect?

A

Front face and profile
Full body length, from the front and the side
Any injuries
Any distinctive, visible identifying features, such as tattoos or scars
Samples of the suspect’s handwriting
Record a physical description of the suspect
Record details for the offender report

113
Q

Who must approve/authorise interviewing an alibi witness?

A

The Crown Solicitor.

114
Q

What five principles are Disclosure Managers guided by?

A

All relevant material is discoverable
There is no obligation to acquire material not already in police possession
On-going process
Auditable, accountable, and recordable
Effective file management system

115
Q

What are the key responsibilities of the Disclosure Manager?

A

Ensure all relevant and discoverable material is provided to defence counsel
Ensure all relevant and non-discoverable material is identified, listed and defence 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 that robust auditable systems are employed to record disclosure decisions and actions
Manage disclosure timeframes within the provisions of the Act
Retain and file all correspondence with defence counsel in the 50000 series document category
Create a record in NIA of the fact of disclosure against the charge

115
Q

What are 10000 series documents?

A

Those documents where no justification for withholding them exists, in accordance with sections 16, 17 or 18 of the Act.

116
Q

What are some examples of 10000 series documents?

A

Formal Statements
Visually Recorded Interview (VRI) transcripts
Convictions of prosecution witnesses relevant to credibility
Summaries of facts
Notebook entries
Job Sheets
Specialist reports
Expert evidence

116
Q

What are 50000 series documents?

A

Those documents that may be withheld pursuant to sections 16, 17 or 18 of the Act.

117
Q

What are some examples of 50000 series documents?

A

Search warrant applications
CHIS Information Reports
Analytical material
Operation Orders / briefing material
Conference notes
Notes in relation to covert investigative techniques
Surveillance device warrant (interception) applications

118
Q

What rank must approve disclosure of CHIS information?

A

Detective Senior Sergeant.

119
Q

What are the benefits to pagination of disclosed material

A

It facilitates effective auditing of disclosed material
It provides a reference for material
All parties can refer to material by a unique page reference
Any illegitimate claims made by defence that particular material was not disclosed can be replicated
It enables accurate records to be maintained

120
Q

What is the definition of an 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.

121
Q

What is the OC Exhibits responsible for

A

Establishing and maintaining exhibit management systems and for maintaining the physical security and continuity of all exhibits.

122
Q

What updates must the OC Exhibits provide to the OC Investigation and 2IC

A

Relevant information relating to:
- What exhibits have been found, and their movements
- The results of any exhibit examinations
- Whether any further enquiries are required

123
Q

What must the OC Exhibits ensure?

A

Exhibits are fully examined,
Maintains an awareness of the significance of each exhibit
Determine, plan and record the examination and interrogation of every exhibit and establish its relevance to the investigation

124
Q

What is the purpose of a Forensic Strategy meeting?

A

Forensic Strategy meetings are held to determine which exhibit or other forensic examinations are required and the priority of those examinations.

125
Q

Who attends a Forensic Strategy meeting?

A

OC Investigation
2IC
OC Exhibits
Crime Scene Coordinator/OC Scene
Anyone else deemed necessary by the OC Investigation e.g. pathologist, ESR etc.

126
Q

What are some of the topics covered during a Forensic Strategy meeting (5)?

A

What examinations ESR to conduct
The priority each examination should receive
Further work is needed to assist a reconstruction
A plan to assist the reconstruction
An agreed reconstruction of the events

127
Q

What steps should be taken when forwarding an exhibit for examination?

A

Ensure exhibit examination decisions are confirmed through the Forensic Strategy meeting process
Record in the IMT or PROP application all decisions taken about the types of examinations to be conducted and the priority allocated to each examination
Ensure the OC Investigation has authorised the proposed examination
Prepare the necessary papers for ESR or other expert
Ensure any exhibits identified are prepared before being delivered
Deliver exhibits for scientific examination promptly to avoid deterioration and loss of evidence
Inform the expert undertaking a scientific examination if it is no longer required

128
Q

What must be demonstrated in IMT or PROP regarding chain of custody (RSMST)

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’

129
Q

What is trace evidence?

A

Evidence e.g., hair, fibres, paint, and blood that is readily transferred from one item to another.

130
Q

What is cross-contamination?

A

When trace evidence could have been transferred to the exhibit via a third party during the course of the investigation.

131
Q

What is the purpose of the exhibit numbering system?

A

Be consistent
Allow delegation of exhibit numbers to staff who will utilise them
Cope with multiple scenes
Be compatible with technology, allowing searching to be conducted using exhibit numbers
Encompass all exhibits, e.g. Medical Examination Kits (MEKs), documents, reference blood samples and photographs sent to ESR

132
Q

What is included in the exhibit number range 10000

A

Admin

133
Q

What is included in the exhibit number range 15000?

A

Victim

134
Q

What is included in the exhibit number range 2000

A

Witnesses

135
Q

What is included in the exhibit number range 25000?

A

Area Canvass

136
Q

What is included in the exhibit number range 30000

A

Scenes

137
Q

What is included in the exhibit number range 70000?

A

Suspects