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Study Modules > SERIOUS CRIME INVESTIGATION > Flashcards

SERIOUS CRIME INVESTIGATION 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

Think - MUDFISH VAN

Missing person, Unexplained death, Drug related death, Fatal fire, Infant sudden death, Suicide, Hit and run, Violence where a death isn’t anticipated, Abduction, No body

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5
Q

Explain the general investigation model.

Use the acronym

A

VAWSEEPO

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

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6
Q

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

A

Freeze
Control
Guard
Preserve

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7
Q

List the benefits of applying an appreciation technique.

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

What are the four basic steps of an appreciation?

A

Aim, Factors, Courses open, Plan

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9
Q

What is the purpose of police attendance at a death?

A

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

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10
Q

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

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

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

A

The court must be satisfied that the content of the statement, and the person who made it, are reliable.

If you believe the victim may die, an immediate statement should be taken from them, whether or not they are able to sign said statement.

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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

Never move the body without the authority of the OC Investigation

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14
Q

Explain the Common Approach Path.

A

Established to control 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

PANT - Purpose, Authority, Name/designation, Time of entry/exit

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17
Q

List the duties of a scene guard.

A

Secure scene - Deny anyone access unless they are expressly authorised entry by the OC Investigation or Crime Scene Coordinator/OC Scene

Record details - Maintain log and note details or anyone authorised to enter

Record movements in scene log (including vehicles)

Control movements - Ensure everyone entering is directed to CAP and supervised

Brief others - Communicate info received to OC Scene or CSC

Avoid disturbance - Don’t enter, contaminate, interfere with scene

Protect scene - Be vigilant for activity such as animals

Brief replacement

Respect operational security - Don’t discuss with witnesses, bystanders or media

Demonstrate courtesy - With witnesses and crowds

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, explain what has happened, identify media members and their 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

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

A

OC Investigation has given authority

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22
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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23
Q

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

What things should be done when moving the body?

A

Before moving the body, record:

  • 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
    (PAWBLR)

***before moving the body, gain approval from the OC investigation.

When moving it, consider:

  • make a sketch plan, mark out where the body has been, direct a photographer to photograph the body
  • consider health risks
  • cover the hands and feet with paper bags
  • wrap the body in a plastic sheet and body bag
  • search underneath where the body lay
  • organise a contracted undertaker to remove the body
  • retain any materials as exhibits, that were used to move the body
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24
Q

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

A

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

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25
Q

What is the primary reason for conducting a PM?

A

To establish the cause of death.

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26
Q

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

A
  • determining the mode and time of death
  • establishing how injuries and/or events at scene may have contributed to death of victim
  • determining the nature and size of any weapons used
  • determining the approx height and stature of suspect
  • providing areas of interest for subsequent interviews of witnesses/suspects
  • negating possible defences
  • ID victim if not yet established
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27
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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28
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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29
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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30
Q

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

A

See Victims p16

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31
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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32
Q

After the PM when the OC Body hands all the exhibits to OC Exhibits, what else should the provide? (IE what documentation should they make)

A
  • PM Scene Exhibit Schedule
  • copy of OC Body’s notebook entries
  • formal statement
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33
Q

What documentation 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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34
Q

What is the primary function of an FLO - investigator, or support person?

A

Investigator, not support person.

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35
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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36
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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37
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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38
Q

What are the responsibilities of the FLO?

A

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

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39
Q

Who else can take VIS from surviving family members?

A

A homicide trained Victim Support volunteer

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40
Q

What are the objectives of an area canvass?

A

To identify / locate

  • offenders
  • witnesses
  • evidence
  • information
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41
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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42
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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43
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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44
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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45
Q

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

A
  • which addresses have been visited
  • which occupants interviewed
  • what documentation has been completed
  • any relevant comments made

you should be evaluating canvas forms to

  • evaluate completed work
  • identify lines of enquiry
  • monitor progress
  • record progress
46
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
  • 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
47
Q

An initial witness assessment enables the investigation team to identify…

A
  • availability of the witness
  • approach to be taken with the witness
  • any needs the witness has for special assistance (ie a child may need a child interviewer, a translator may be needed for a witness with language barriers)
  • whether the witness requires special consideration (due to personal characteristics of the witness or the circumstances of the offending - ie victim support referral)
48
Q

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

A

Threats, intimidation or interference

49
Q

How may a witness refresh their memory for Court?

A

By reading any previously signed statements or interview transcripts

50
Q

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

A

Where a serious threat to life is understood to exist

51
Q

How can anonymity for a witness be obtained?

A

By way of application, or an order from the Judge

52
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
53
Q

The management of suspects falls into three phase categories. What are they?

A
  • identification and profiling
  • arrest/termination
  • interviewing
54
Q

When the suspects team have their initial briefing, what information should they be receiving?

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
55
Q

What factors might influence the setting of the investigation priorities?

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

Flight risk, Evidential weight, Resources, Urgency

56
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
57
Q

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

A
  • linguistic
  • cultural
  • religious
  • medical condition
  • impairment
  • disability
58
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
59
Q

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

A

2IC Investigation

60
Q

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

A

Investigator

61
Q

List the main functions of a File Manager.

A
  • manage the electronic and physical files relating to the investigation
  • assist with the preparation of the prosecution file
  • assist with the management of the trial
  • assist with establishing and maintaining Investigation Headquarters
  • operate the paper flow and associated structure in accordance with Serious Crime Document Management System outlined in the Serious Crime Template
  • support the 2IC by reading all docs for the purpose of highlighting important information to the 2IC
  • assist the 2IC with the identification and recording of evidential material
  • complete a synopsis of all docs received, excluding docs relating to covert policing activities
  • ensure a flow of information throughout the investigation
62
Q

Who decides how a file will be managed?

A

2IC

63
Q

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

A
  • location
  • office support staff
  • transport
  • equipment
  • communications
  • ICT requirements
64
Q

The file manager provides the link between who?

A

2IC and investigators

65
Q

Who generates and controls the issuing of directives?

A

2IC

66
Q

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

A
  • establish if any enquiries remain outstanding
  • conduct an assessment of the enquiries currently underway to establish whether they are still relevant
  • review sub-investigation and critical phases of the investigation
  • prepare for any external reviews that may occur
67
Q

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

A
  • read the Disclosure Manager’s desk file
  • access the current Serious Crime Template for use during the investigation
  • report to the 2IC to receive a briefing, tasking, establishing what info is and is not discoverable, and ongoing supervision
68
Q

List five key responsibilities of the Disclosure Manager.

A

See Disclosure Manager, p 4-5

69
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.

70
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

71
Q

Who is ultimately responsible for making decisions regarding disclosure?

A

2IC Investigation

72
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.

73
Q

To whom does OC Exhibits report?

A

2IC Investigation

74
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
75
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
76
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

labelled properly, sealed properly, preserved properly

77
Q

Why are forensic strategy meetings (exhibit conferences) held?

A

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

78
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
79
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
80
Q

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

A
  • clearly demonstrates the evidential value of the exhibits

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

81
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’.

82
Q

How is the integrity of the electronic Exhibits Register protected?

A

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

83
Q

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

A
  • keep all members up to date with developments
  • give team members the opportunity to exchange views and pass on important information
  • give 2IC the opportunity to pass on instructions to staff on file management and other administrative matters
  • give OC the chance to brief the team on important investigative topics, priorities and which lines of enquiry to follow
84
Q

Which Police should attend the post-mortem?

A
  • OC investigation
  • OC body
  • a member specifically designated as exhibits officer for PM if required
  • Police photographer
  • SOCO or fingerprint officer if required
85
Q

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

A
  • Protective clothing
  • MEK examination kit
  • toxicology kit
  • body label
  • notebook and pens for use solely during PM
  • Scene Exh Sched
  • completed POL47
  • POL265 Deceased Person Certificate
  • POL265A Deceased Person Identification
  • Exh packaging supplies incl envelopes, tape, exh labels, exh sacks
  • photos from scene showing body in situ
  • range of available exh numbers from OC Exhibits
  • Pre-printed exh labels
  • brown paper
  • firearms residue kit if relevant
86
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
87
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
88
Q

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

A
  • media
  • poster campaign
  • mail drop
  • high profile police presence, using a caravan
89
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.

90
Q

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

A
  • DNA
  • fingerprints
  • clothes
  • footwear
  • fibres
  • body fluids
  • glass
91
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.

92
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

Alibi witnesses are ONLY to be interviewed at the direction of the Crown Solicitor

93
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
94
Q

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

A
  • Ensure all exhibits are fully examined in accordance with Forensic Strategy meeting decisions
  • Maintain an awareness of the significance of each exh and what examinations may be available
  • Determine, plan and record the examination and interrogation of every exh and establish its relevance to the investigation
95
Q

List three instructions to give to witnesses at court to ensure control is maintained of the witness.

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
96
Q

True or false:
Victim statements must be available for sentencing
Victim statements can’t be more than 28 days old at the time they are produced for sentencing

A

TRUE

TRUE

97
Q

True or false:

Victim statements must be available for sentencing

Victim statements can’t be more than 28 days old at the time they are produced for sentencing

A

TRUE

TRUE

98
Q

When conducting an area canvas, what things should you be aware of (risks, needs)

A
  • violent offenders
  • people on WTA
  • cultural and linguistic needs
  • local incidents and issues residents may raise with Police
99
Q

A preliminary interview with a witness may lead to what 4 things

A
  • early ID or K9 of a suspect
  • recovery of evidence and or information
  • preventing evidence form being destroyed
  • preventing further offending
100
Q

When appointing an interviewer, what things should you consider?

A
  • utilizing a L3 interviewer for important witnesses
  • a specialist child interviewer for children and intellectually impaired adults
  • suitability of the officer to conduct the interview
  • experience an interviewer may have that could be advantageous ie cultural
101
Q

What is the role of OC suspects

A

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

  • Obtaining information about suspects
  • Thoroughly profiling and investigating all suspects to establish their involvement in the offence or eliminate them from the enquiry
  • Seeking evidence to cover all ingredients of the offence
  • Mitigating and dealing with possible defences that may be raised, where appropriate

• Providing a basis for further investigation

102
Q

Who determines whether a person is a suspect?

A

OC investigations

103
Q

If you were OC suspects and holding a team briefing, what things should your team be told

A

The first duty of the OC is to brief their suspects team members:
• The circumstances of the offence
• Whether any particular modus operandi/crime signatures have been identified
• The full details of all persons of interest / suspects
• Descriptions of the suspect

104
Q

When preparing to interview a suspect, what things should you take into consideration

A
  • Who should interview (L3?)
  • Ensure that the interviewer has prepared a detailed interview plan and ingredients that need to be established
  • The interview is conducted in accordance with the investigative interviewing suspect guide
  • The interview is monitored by a supervisor
  • Most appropriate mode of recording the interview, usually video
  • The status of the person (witness, suspect etc). This status will determine whether the interview is to be conducted under caution and the interviewee advised of their rights
  • Consider whether the person requires special considerations, for example due to linguistic, cultural, or religious factors, or medical condition, impairment or disability.
105
Q

Why should a medical examination of a suspect be conducted

A

To gain a professional opinion regarding the condition of the suspect.
To record an explanation or comments made by the suspects about the offence or the cause of and of injuries.
To obtain photographs of the suspect and any relevant marks or injuries they may have

106
Q

On appointment to the role, the disclosure Manager must do what 3 things

A
  • Read the Disclosure Managers desk file
  • Access the current serious Crime template download to the local district shared drive, for use during investigation
  • Report to the 2IC to receive a briefing, establishing what information is and is not disclosable and ongoing supervision
107
Q

What are the key responsibilities of the disclosure manager

A
  • Ensure all relevant and disclosable material is provided to defence counsel
  • Ensure all relevant and NON-disclosable material is identified, listed and defence advised
  • Continually assess the risk to ensure that non-discoverable material is identified and not disclosed
  • Continually assess the risk to ensure that ongoing lawful justification to withhold exists for each document that is withheld
  • Record disclosure decisions
  • Manage disclosure time frames
  • Record correspondence with defence
  • Create a record of disclosure in NIA/IMT
108
Q

What are your disclosure obligations when defence counsel is reassigned

A

Police have an obligation where the legal representatives of a defendant is replaced, to ensure the replacement counsel is provided with all material previously disclosed.

This may be achieved by obtaining confirmation in writing from the replacement counsel that they have received all material previously disclosed from the outgoing counsel, or by providing the replacement counsel with a fresh copy

Section 10(4) of the Act provides that disclosure may be supplied in whatever form, including electronically, provided this will be readily accessible to the defendant

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

109
Q

The OC exhibits should only accept exhibits if …

A
  • The exhibit is labelled
  • The property is correctly packaged and sealed
  • Any prompt action necessary to preserve the exhibit has been taken (eg drying wet or bloodstained clothing in an appropriate drying facility)
110
Q

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

What topics might be covered during 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 under investigation
111
Q

What details should be recorded in a scene exhibit schedule

A
  • Exhibit number
  • Detailed description of the exhibit
  • Name of the operation
  • Location of the scene
  • Exact location where the exhibit was found, at the scene
  • Name of the finder
  • Date and time it was seized
  • Relevant signatures.

While an exhibit was under their control, each person with custody of the exhibit must be able to demonstrate:
• 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.

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