Serious Crime Investigation Flashcards

1
Q

What are the key two tasks in any investigation?

A
  • gathering and preserving evidence
  • accurate and detailed documentation
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2
Q

How do you maintain high standard in the investigation process?

A
  • have an investigative mindset
  • have the ability to apply the Appreciation Technique to think through
    issues to ensure the best possible course of action is followed
  • always consider how your decisions will be scrutinised under crossexamination months later in Court when the case proceeds to trial
  • pay meticulous attention to detail
  • carry out your assigned tasks efficiently
  • value the importance of professionalism, integrity and objectivity in
    conducting investigations
  • maintain excellent communication skills (written and oral), and
  • work as a team
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3
Q

What is the purpose of holding a team conference?

A
  • keep all members of the team up to date with developments in the
    enquiry
  • give team members the opportunity to exchange views and pass on
    important information
  • give the 2IC the opportunity to pass on instructions to staff on file
    management and other administrative matters
  • give the officer in charge the chance to brief the team on important
    investigative topics, priorities and which lines of inquiry to follow
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4
Q

When a team conference is chaired by the officer in charge, what are three things they must be?

A

Carerfully;
* planned
* recorded
* focused and managed to avoid excessive time use

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5
Q

What are the different types of conference?

A
  • initial conference
  • regular conference
  • debriefing conference
  • phase team conferences - run by the OC Phase and attended by his/her
    staff only
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6
Q

What are the requirements for the venue of a conference?

A

The venue must be secure from the public, media and from interviews in
progress nearby. To ensure privacy and to avoid interruptions, all telephones
should be diverted.
Where confidential CHIS information is being discussed the importance of
confidentiality cannot be overstated. The same applies regarding information
that may possibly be required for later corroboration.

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7
Q

Who does O/C body report to?

A

O/C Scene or the crime scene co-ordinator, it is appointed by O/C investigation

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8
Q

What are the three key elements of a homicide investigation?

A

Location, victim, suspect`

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9
Q

What are the responsibilities of O/C Body?

A

‑ ensure death has been certified by a doctor or qualified paramedic using a Deceased Person Certificate (POL 265)
‑ maintain security and continuity of the body, samples and exhibits, from the scene to the commencement of the post‐mortem
examination
‑ secure and guard the body, body samples and any exhibits relating to the body, with dignity and respect
‑ note and record observations relating to the body
‑ note details of medical staff or others who have attended the victim
‑ record what actions have been taken by any party in respect of the body
‑ establish if the body has been moved or disturbed
‑ ensure the body is photographed ‘in situ’ and consider using video recording
‑ on authority of the OC Investigation, arrange transportation of the body to the mortuary
‑ complete sudden death procedures
‑ on authority of OC investigation, arrange formal identification of the body using form Pol 265A
‑ obtain historical medial records of victim for information of pathologist
‑ attend the post‐mortem examination with the OC Investigation, or deputy appointed by them, and:
‑ attend the briefing of the pathologist by the OC Investigation, and contribute as required
‑ ‐ ensure the Police photographer takes appropriate and sufficient photographs of the body before clothing is removed,
again after the body is disrobed, and during the post‐mortem examination. The pathologist will direct the photographer.
‑ preserve evidence from the body
‑ record, label and secure all samples and exhibits associated with the body
‑ arrange for fingerprints and palm prints to be taken, if required
‑ attend the debrief of the pathologist and record the findings, on direction of the OC and/or pathologist
‑ ensure all cultural responsibilities have been addressed.

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10
Q

In relation to the body, what is the responsibility of O/C Investigation?

A

‑ notify the Coroner early of the death, as detailed in the Police Manual chapter ‘Contacting a Coroner’
‑ arrange the post‐mortem examination, in consultation with the Coroner
‑ consult the Pathologist before the post‐mortem commences, regarding the relevance and benefit of conducting X‐ray or
CT/CAT scans of the body.

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11
Q

What is the fundemantal responsibility when conducting initial response at a possible homicide?

A

It is the fundamental responsibility of all police officers to preserve life and medical assistance must be obtained where there is the
slightest possibility a person is still alive. A police officer should never assume a person is dead unless the circumstances are such that
no other conclusion is possible, i.e. a badly decomposed or mutilated corpse. A suitably qualified medical practitioner or paramedic
must certify death, where this has not already been done

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12
Q

Who gives authority for the body to be moved?

A

Unless in an emergency situation, the body must not be moved until theOC Investigation has given authority for this to
occur.

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13
Q

who may be able to visit the body in situ if okayed by the OC investigation?

A

the pathologist and/or Crown Solicitor will attend the scene to view the body ‘in situ’, to
gain an understanding and interpretation of the injuries. Should the on‐call pathologist not be able to attend the scene in a timely
manner due to geographic distance or other factors, it may be expeditious for the local pathologist to attend the scene.

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14
Q

When it comes to briefing experts and interested parties, list some of the key areas that should be considered

A

‑ photographs and/or video recordings taken at the scene
‑ actions of the first responders
‑ identity of the body
‑ history of the body‐ including medical history, drugs found at the scene, action taken or developments since the discovery of
the body
‑ timeframes relating to the finding of the body, the last sighting and other significant times that may impact upon time of death
‑ scope and priorities of the investigation
‑ any special evidential expectations and requirements
‑ environmental factors at the scene, i.e. weather conditions, ambient/historical temperature, nearby heating appliances, pollen
influences
‑ any other additional information received from other experts, as appropriate.

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15
Q

What factors should be considered in the appreciation process prior to removal of the body?

A

‑ Notification to and response from, the Coroner
‑ Views of the pathologist, ESR forensic scientist and Crown Solicitor attending the crime scene
‑ Consultation with other relevant experts
‑ Requirement for any examination or action needed before removal, based on known facts of the case
‑ Best method and route for the body removal, to minimise contamination of the scene or the body, for example by using sterile
stepping plates
‑ Supervision of the body removal
‑ Chain of custody of the body from the scene to the mortuary
‑ Safe custody of exhibits
‑ Family and/or cultural considerations

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16
Q

When you attend a scene and the body has been moved, what should you do?

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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17
Q

Who does OC investigation have consultation with when deciding if samples are taken from the body at the scene?

A

-attending ESR staff
-the pathologist,
-the OC Investigation
-Crime Scene Coordinator (or where one is not appointed, OC Scene)
-Fingerprint Officer

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18
Q

When is taking samples from a body before it is removed from the scene advisable?

A

‑ larvae and insects
‑ potential fingerprint evidence from the skin on the body of the victim and/or items of clothing worn by the body, e.g. fine woven
fabrics
‑ DNA swabs
‑ extraneous items such as loose hairs, fibres, glass, paint or other fragments
‑ firearm residue samples.

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19
Q

What are the 11 steps in removing a body from a scene?

A

1 Record the position of the body by sketch plan and direct a Police photographer to take photographs. Consider video recording
or other imaging techniques.

2 In consultation with the Crime Scene Coordinator and/or OC Scene, consider marking and recording the position of the body
before moving it, for example by measuring the distance from at least two nearby fixed features. Depending on the scene, this
may not always be possible.

3 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 present on the body.
‑ Lividity, if present (coloration of skin due to gravitational movement of blood).
‑ Extent of any rigor mortis present.

4 Important: Consider what health risks may be presented by handling the body. Further information on hygiene precautions is
available in the Police Manual chapter ‘Sudden Death’.

5 Cover the hands, feet and head with paper bags, secured with tape to prevent any trace evidence being lost when the body is
moved. Wide tape should be used, taped around the bag at a suitable anchoring point that will secure the bag to the limb and
prevent the bag from slipping off. The tape should not be so tight as to create new marks on the body and must not be applied
directly to the skin of the body. Similarly, rubber bands or other tight fitting fasteners must not be used as these may also leave
marks on the body, i.e. false ligature marks.
If the use of a paper bag to cover a limb is not appropriate (eg. because the limb is wet), then a plastic bag may be used to protect
potential forensic material. This decision should be made in consultation with the Crime Scene Coordinator/OC Scene and the
OC Investigation.
Whilst being transported, any open wounds may shed blood into the bag placed over the head and obscure details of blood
splatter/direction. Liaise with scene experts to determine and prioritise appropriate actions to record and preserve this evidence.

6 Ensure clothing on the body is not contaminated by contact with foreign objects.

7 Wrap the body in a plastic sheet and place it in a body bag.

8 Carefully search underneath where the body lay.

9 Retain, as exhibits, all sheets, bags or other materials used to transport the body.

10 Obtain approval from the OC Investigation to remove the body from the scene. The OC Investigation is responsible for ensuring
continuity of all aspects of the investigation and the body must not be moved until the OC Investigation has given authority for its
removal.

11 When directed by the OC Investigation, arrange a contracted undertaker to remove the body to the mortuary. Ensure you are able
to account for the security and continuity of the body as an exhibit at all times, until the pathologist commences the post‐
mortem examination. Ensure that the undertaker uses a body bag which is sterile.

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20
Q

What factors needs to be taken into consideration before a post mortem?

A

‑ Identification of the body at the mortuary
‑ Authority from the Coroner to conduct post‐mortem
‑ Consultation with the pathologist
‑ Safe custody of exhibits
‑ Identifying who should attend the post‐mortem
‑ Requirement for any specific need for examination or sampling based on the known facts of the case
‑ Appropriate resources at the post‐mortem, for packaging exhibits and taking photographs
‑ Family and/or cultural considerations arising from the post‐mortem
‑ Any likely requirement for a second or subsequent post‐mortem.

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21
Q

What is the primary role of OC body at the post mortem?

A

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

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22
Q

What is the purpose of a post mortem?

A

‑ Determining cause of death
- Determining where possible, the mode and time of death
‑ establishing how injuries and/or events at the scene may have contributed toward the death of the victim
‑ determining the nature and size of any weapon(s) used
‑ determining the approximate height and stature of the suspect
‑ providing areas of interest for subsequent interviews of witnesses and/or suspects
‑ negating possible defences
‑ identifying the victim, if identity has not been established.

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23
Q

Who may attend a post mortem?

A

‑ the pathologist
‑ the Coroner
‑ Police
‑ a doctor who treated the deceased
‑ any other pathologist assisting (if authorised by the Coroner)
‑ a doctor, nurse or funeral director representing the deceased (if authorised by the Coroner)
‑ a doctor representing the interests of a suspect who has or may be charged in relation to the death (if authorised by the
Coroner)
‑ any other doctor or trainee doctor (if authorised by the Coroner)
‑ any other person authorised by a Coroner.

Any doctor, nurse or funeral director attending (other than the authorised pathologist(s)), are not permitted to assist with the post‐
mortem and must observe only.

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24
Q

Who are the Police who should attend a post mortem?

A

‑ the OC investigation
‑ the OC Body
‑ a member specifically designated as exhibits officer for post‐mortem, if required
‑ Police photographer
‑ SOCO or fingerprint officer, if required.

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25
Q

Who needs to be informed of a post mortem?

A

The legal representative of any suspect who has been (or may be) charged must be informed of the time, date and place of the post‐
mortem, and advised that they are required to seek authority from the Coroner for a doctor (or any other representative) to attend on
their behalf.

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26
Q

What other experts may an OC investigations decide to consult for attendance at a post mortem?

A

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

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27
Q

What equipment should OC body take with them?

A

‑ MEK examination kit
‑ Toxicology kit
‑ Body label
‑ A notebook and pens for use solely during the post‐mortem
‑ A Scene Exhibit Schedule form ‐ a template is included in theSerious Crime Template
‑ Copy of completed Pol 47
‑ Pol 265 Deceased Person Certificate
‑ Pol 265A Deceased Person Identification
‑ Exhibit packaging supplies including envelopes, tape, exhibit labels and numerous paper exhibit sacks of various sizes
‑ Protective clothing i.e. paper suit, gloves and carbon filter masks
‑ Photographs from the scene, if available, showing the body ‘in situ’
‑ A range of available exhibit numbers for the post‐mortem, obtained from the OC Exhibits
‑ Pre‐printed exhibit labels bearing the allocated exhibits numbers, if available
‑ Roll of brown paper, for placing layers between folds of any bloodstained clothing
‑ Firearms residue kit, if relevant.

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28
Q

Can you take exhibits to the mortuary?

A

Items found at the scene which are relevant to the post‐mortem examination may need to be taken to the mortuary or to the
pathologist for inspection. The exhibit must be properly packaged to avoid contamination, but also be clearly visible.

To avoid any potential contamination, weapons must not be taken to the mortuary until after the post‐mortem examination has been conducted. The OC Body must maintain the continuity of any exhibit used in this way.

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29
Q

What are the five steps OC body must do when arriving at the mortuary?

A

1 Ensure mortuary staff do not wash the body.
2 Ensure the body is labelled and secured in the secure mortuary fridge.
3 Retain any key used to secure the body, until it is required for the post‐mortem.
4 Ensure the body remains in its present condition until the commencement of the post‐mortem.
5 Arrange formal identification of the body.

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30
Q

What are some methods of identification of a body?

A

‑ fingerprints
‑ DNA profiling (identification results take 3‐4 weeks or 48 hours for urgent analysis)
‑ dental records, available through the Region Forensic Dentistry Advisor
‑ eye examination records
‑ medical examination records, including scars, birth marks, implants or prosthetics, x‐rays, surgical wounds, amputations and
tattoos
‑ personal effects
‑ facial reconstruction.

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31
Q

What are helpful things to take photographs of if there is an unknown victim at a post mortem?

A

photographs should include the victim’s
clothing, tattoos, marks and unusual scars. Care must be taken not to contaminate evidence when photographing clothing in the
mortuary. Clothing can always be described in detail at the post‐mortem and photographed after the examination.

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32
Q

What information can a forensic anthropologist get from skeletal remains?

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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33
Q

After a briefing, what will the pathologist be provided with?

A

‑ Copy of the Notification to the Coroner (Pol 47).
‑ Medical Examination (MEK) kit.
‑ Toxicology kit.
‑ Medical records of the deceased, where available.
‑ Comprehensive photographs and/or video recordings taken at the scene. These should include photographs of exhibits,
weapons and the body ‘in situ’, which will benefit the briefing for the post‐mortem, as well as the subsequent examination.

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34
Q

As OC body do you take notes of discussions concerning the post mortem?

A

No, unless specifically directed to by the
OC Investigation and/or the pathologist.

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35
Q

What does OC body record when the commencement of the post mortem?

A

Names and roles of people present

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36
Q

What are the 12 steps when stripping the body?

A

1 The body must only be stripped in the presence of the pathologist.
2 Remove the body from the secure mortuary fridge and assist mortuary staff to take the body into the post‐mortem examination
room.
3 Remove the body from the body bag, causing minimal disturbance to the body.
4 Take possession of the body bag and any sheets or wrappings used to transport the body, as exhibits.
5 If necessary, direct the Police photographer to take additional photographs to ensure that appropriate and sufficient
photographs of the body are taken before clothing is removed, and again after the body is disrobed. The pathologist will lead
direction of the photographer.
6 Remove items of clothing from the body. Mortuary technicians may assist to removing clothing, but only under the supervision
and direction of the OC Body.
‑ Cutting clothing off the body should be avoided, but may be necessary in some cases. If unavoidable, cut clothing in areas
where evidence is least likely to be present.
‑ Search clothing pockets and make an inventory of each of the pocket contents.
7 Make an inventory of clothing and possessions, as each item is removed.
8 Label each item of clothing and each possession.
9 Seal each item in a separate paper bag or container.
10 Ensure exhibits do not cross‐contaminate each other by coming into contact with one other.
11 Maintain security and continuity of the body and exhibits taken from the body, until the post‐mortem examination commences.
12 In cases involving obvious head trauma, before blood and debris is washed from the body, particularly the head hair, consider
placing a fine sieve in the mortuary table drain hole to collect trace evidence that may have been transferred from a weapon, for
later comparison with exhibits the suspect(s) have had access to.

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37
Q

What photographs need to be taken of the body at a post mortem?

A

the body, before it is stripped
‑ the body, after it is stripped
‑ close up photographs of any wounds, marks, internal injuries and unusual features. These photographs must include a
measuring scale placed in proximity to the feature being photographed, to make a permanent record of the dimensions of the
feature.

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38
Q

When would radiological examination be considered?

A

in cases of suspected non‐accidental injury in children, deaths
involving the use of firearms or explosives, badly burnt or decomposed bodies or other applicable circumstances.

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39
Q

Where would CT scans be beneficial?

A

to trace the path of bullets and in cases such as blunt force head trauma
injuries. CT scans may facilitate the Crown Solicitor to lead such evidence at trial whereas the graphic nature of photographic evidence
of the same injuries may result in limitations being imposed on the extent to which such photographic evidence could be admitted at
trial.

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40
Q

What should be considered in relation to the body for cases involving strangulation?

A

Poly‐light examination should be considered to aid location of fibres, bruises and/or fingerprints

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41
Q

When will fingerprints be taken from the body?

A

This may be done at the conclusion of the examination or after
the hands have been examined by the pathologist and any evidence has been removed.

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42
Q

What are the points that need to be covered by the pathologist?

A

‑ Records a description of the body, including: height, weight, build, eye colour and hair (density, colour and baldness).
‑ Records the body’s external appearance (front and back) including: injuries, bruises, scars, scratches, discoloration and
imperfections such as false teeth or false leg.
‑ Uses specialist kits for collecting evidence samples where appropriate, for example Medical Examination Kit, Toxicology Kit,
Firearms Discharge Residue Kit or Post‐Mortem Kit. Post‐Mortem Kits are supplied by ESR, to the mortuary direct.

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43
Q

What happens to wet or damp exhibits?

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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44
Q

Where do the exhibits from a post mortem go?

A

to the OC Exhibits, they should also provide them with;
‑ the post‐mortem Scene Exhibit Schedule
‑ copy of the OC Body’s notebook entries
‑ formal statement.

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45
Q

Who prepares the 1S file and what does it need to include?

A

OC Body

‑ statement relating to the victim’s formal identification
‑ copy of the Police form 47 (report for the coroner) or, in the case of a child under the age of 2 years, a Police form 47A (Sudden
Unexpected Death in Infancy)
‑ copy of Deceased Person Certificate (Police form 265)
‑ copy of Deceased Person Identification (Police form 265A).

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46
Q

When may a second post mortem be directed?

A

A second or subsequent post‐mortem may be directed by the Coroner, if:
‑ the pathologist is unable to determine cause of death in the initial post‐mortem
‑ a suspect’s lawyer seeks approval from the Coroner to conduct an independent post‐mortem
‑ the Solicitor General orders a further post‐mortem, after an application to the High Court.
The OC Body and OC Investigation must fulfil the same roles in respect of any second or subsequent post mortem.

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47
Q

Who decides if the body can be released to the family?

A

OC Investigation

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48
Q

What are some examples of post mortem samples that can be taken?

A

Blood
Urine
stomach contents (establish time of death)
head and pubic hair
ocular fluid (Eye fluid, may indicate levels of drugs or alcohol in the body a few hours before death)
Bile (can tell you what drugs have been taken by the person that day)
lungs (Burnt bodies identify accelerants, drownings, presence of water)
organs
nasal cavaties (Pollen analysis)

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49
Q

What does the decomposition process to do the blood in the body?

A

it can effect alcohol levels in the blood

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50
Q

What does the role of Family Liaison officer (FLO) involve?

A

The role of the Family Liaison Officer (FLO) 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 also offer, facilitate and co‐ordinate support that addresses the needs of the family.

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51
Q

What should be considered in the Family Liaison Plan?

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 the use of specialist
interviewers, where appropriate
‑ information 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 theOC Investigation’s action to progress and resolve the issues raised
‑ any member of the family who could be considered a suspect, to enable theOC Investigation to determine whether or not this is
the case
‑ liaison with Victim Support and other support services.

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52
Q

What is an exit plan in relation to a FLO?

A

An exit plan must be developed before the FLO is deployed, and be communicated to the family at the commencement of the
deployment. The exit plan will be determined and executed at the discretion of the OC Investigation, and should include plans for
reactivation.
Before being stood down, the FLO should ensure that victim support services are ongoing, where this has been taken up by the family.
The FLO role may receive contact from family members over an extended period. All contact by members of the family after the FLO
has been stood down must be reported to the OC Investigation.

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53
Q

What is included in the term family?

A

‑ includes partners, parents, siblings, children, guardians, whänau 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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54
Q

What must the OC consider in the appointment of an FLO?

A

‑ the suitability of the officer for retention in the role
‑ whether additional FLOs should be appointed
‑ the needs and wishes of the family.

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55
Q

When a member of the family is a suspect, what are things that should be considered when deploying and FLO?

A

FLOs safety
The need for the FLO to be clear in their intentions with the family
Possibility of deploying a more experienced FLO
Importance of fully documenting all contact and interaction with the family

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56
Q

What should the FLO do before meeting with the family?

A

‑ liaise closely with the OC Investigation regarding parameters of information to be shared with and/or held back from the family
‑ familiarise themselves with the enquiry
‑ familiarise themselves with all information established concerning the family, including known family composition or dynamics,
cultural and lifestyle considerations, religious beliefs and communication requirements, e.g. language or disability
‑ familiarise themselves with available information and intelligence which could impact on the liaison role, such as previous
Police involvement with the victim or 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.

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57
Q

If there are witnesses within the family, what considerations need to be made?

A

‑ whether due to the personal characteristics of the witness or the circumstances of the offending, the witness requires special
consideration, as defined by the ‘Investigative interviewing witness guide’
‑ the availability of the witness
‑ any particular needs the witness has for assistance
‑ the optimum approach to be taken when approaching and interviewing the witness.

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58
Q

Before during and after the trial what is the role of the FLO?

A

Taking the witnesses within the family to Court alongside victim support so they can see a courtroom before the trial.
Discuss court procedures
Provide transport to and from Court
Explain the rules of giving evidence etc

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59
Q

As an FLO how do you record information?

A

Have a dedicated notebook to record all contact with family/next of kin,
intermediaries and other parties connected to the family.

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60
Q

What must an FLO do in the early stages?

A

‑ provide immediate appropriate information to the family concerning the death of the victim and explain to the family what
happens next in respect of the body, e.g. the post mortem and Coroner’s processes
‑ provide the family/NOK with the Coronial booklet “When someone dies” which sets out the rights of the family and explains the
Coronial process. There is a 24 hour time frame for objection to a post mortem so the information contained in the booklet is
critical to the Coronial process. The booklets are held by District Victim Support and can be downloaded at Coronial services of
New Zealand
‑ establish from family members any immediate evidence, information or rumors, which they may be aware of, so that this can be
passed directly to the OC Investigation for urgent attention
‑ act quickly and effectively informing the OC Investigation without delay should a family or individual express concern for their
personal safety or have been subject to threats or intimidation and require Police protection or assistance
‑ give or facilitate initial practical support for members of the family (eg. transport)
‑ as far as possible, protect the family from unwarranted media intrusion
‑ arrange temporary housing when the family home has been designated as a crime scene or a protracted search of the victim’s
home is anticipated. Victim Support should be involved in this process
‑ use their knowledge of the criminal justice system and Coroners processes to advise family members, as appropriate
‑ where appropriate and on direction of theOC Investigation, arrange for the Crown Solicitor to meet the family to explain
decisions taken

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61
Q

What financial support is available to families of homicide victims?

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. Counselling up to a maximum of 30 hours may be approved if required.
-ACC can help towards the costs of their burial, cremation and related ceremonies. Families of victims are able to claim a top‐up to the existing ACC funeral grant where the death is confirmed as the result of murder or manslaughter and the maximum ACC funeral grant has already been claimed.

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62
Q

What should the family be notified of during an investigation?

A

‑ programmes, remedies, or services available through Police to the family as victims in their own right (refer section11)
‑ progress of the investigation (a legal requirement under section 12)
‑ the family’s role as witnesses in the prosecution of the offence.

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63
Q

When an offender is arrested, what should the family be informed of?

A

‑ charges laid or reasons why charges are not laid, and any changes to the charges laid
‑ the date and place of each Court appearance of the accused or other Court hearing relating to the case
‑ release on bail of the accused
‑ any application made by the accused, for suppression of name or other identifying particulars under section200 of the
Criminal Procedure Act 2011. The victim’s family’s views about the application must be ascertained and provided to the
Court (refer section 28). The victim’s family must also be informed of the outcome of such an application.
‑ details of bail conditions the accused is subject to. Note: This information must not be disclosed if it would contravene an
order under section 19 Bail Act 2000 prohibiting the publication of matters related to a bail hearing.

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64
Q

When an FLO is creating a profile of the victim what are the two sources of information?

A

People and passive data

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65
Q

What is an example of passive data when creating a victim profile?

A

‑ NIA
‑ CID
‑ medical history
‑ mental health records
‑ Human Source Management Unit (HSMU)
‑ landline telephone details and associated enquiries
‑ mobile telephone records
‑ Internet usage (ie. accounts with Internet service providers and use of social networks)
‑ 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 data.

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66
Q

What is an example of People when creating a victim profile?

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.

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67
Q

What should be taken into consideration when returning property to the family?

A

When authorised by OC investigation you should consider;
‑ What property does the family wish to be returned?
‑ How do they want the property returned, for example do they wish items to be cleaned?
‑ Are there likely to be any delays in the return of any property?
‑ Property should be inspected to ensure all Police and Court exhibit tags have been removed.

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68
Q

In relation to media and the family of the victim, what are the FLOs responsibilities?

A

‑ prepare the victim’s family for the anticipated level of media interest and provide them with a copy of the “Media information
letter to family of the deceased” contained within ‘Part 7 ‐ Media strategy for homicide and serious crime investigations’
‑ establish the family’s views on any media appeals
‑ request the family to nominate a spokesperson, at an early stage
‑ consult the family before the release of personal details relating to the victim
‑ where possible, provide copies of media releases to the family before distribution
‑ inform the victim’s family of significant developments in the investigation before releasing such information to the media, where
it is appropriate to do so
‑ appraise the OC Investigation of media activity around the family
‑ request approval from the victim’s family to release a photograph of the victim and where practical, respect their choice of
photograph. It is important, however, for Police to make an objective appreciation of which photograph is most appropriate as
the choice of photograph may influence public response. It is likely the media will attempt to obtain a photograph of the victim
even if it is an old one that the family does not like, so it is good practice to obtain a recent photograph from the family and to
secure their agreement for publication. Photographs may be given to the media representatives following consultation with the
OC Investigation and Media Officer, on the condition they do not approach the family directly.

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69
Q

Once the offender has been convicted, what should the family be aware of?

A

-The family should also be informed of the opportunity provided to them under the Parole Act 2002, whereby they can participate in the process to decide whether an offender is granted parole.
-Police must ensure the victim’s family has the opportunity to be advised of the offender’s release from Prison, by completing the Police form 1065.
-The family should be made aware of their rights under the part 3 of the Victims’ Rights Act 2002, including the Victim Notification
Scheme.

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70
Q

what must an area canvas be?

A

Timely, flexible and tactical

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71
Q

what are 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

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72
Q

What are some other benefits of 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.

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73
Q

What does the recon of the general scene include?

A

The OC Investigation, OC Area Canvass and OC Suspects to conduct an appreciation and set the parameters and objectives of the canvass. This will also provide a
clear perspective of the area, when it is referred to subsequently in statements and/or briefings.

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74
Q

Before conducting an area canvass what should OC Area canvass do?

A

the OC Area Canvass in consultation with the OC Investigation, should conduct an initial
appreciation to determine whether a full area canvass phase is required and the method and timing of enquiries to be made.

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75
Q

What considerations will the appreciation process include when coming up with area canvass enquiries?

A

The appreciation should take account of all available and relevant information, including all information generated by initial ‘house to
house’ enquiries. This appreciation may include the reason the enquiries were made, locations involved, parameters covered,
questions asked, staff involved, records kept, who was or was not spoken to, ‘alibi’ details, vehicles owned, witness statements taken,
intelligence obtained and the identity of any suspects or persons of interest.

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76
Q

When deciding on the timing of an area canvass what should you consider?

A

The timing of the homicide to capture people who are routinely in the area etc

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77
Q

Initial Police responders must assess the situation quickly yet carefully and decide what the most important things to do are, and how and in what order they should be done. Their primary function should be:

A

-Attend the scene at an early stage
-Take control of the situations, and
-Co-ordinating tasks

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78
Q

Whilst most offences of homicide are identified as a result of a body being found or by person responsible for the offence making admissions, some incidents notified to the Police are not initially as a homicide. Such instances may include:

A

A report of Missing person
Sudden or unexplained death of an infant
Unexplained death
Report of an abduction
Report of violence where no fatalities are anticipated
Crime scene without a body
Hit and run vehicular collision
Suicide
Fatal fire
Drug related deaths

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79
Q

Definition Appreciation

A

An appreciation is a proven method of problem solving. The process follows a series of set steps to ensure that an optimum course of action is decided upon. It considers all appropriate factors and weighs the benefit and risks to all alternative solutions, allowing sound decisions to be taken. An appreciation is an ongoing process which involves continually thinking through each new material as it is uncovered

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80
Q

Benefits of applying an Appreciation

A

Informs 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 duplications
Ensures nothing is overlooked
Effective use of resources

81
Q

VAWSEIPO

A

Victim Locate and identify victim(s)
Appreciation Make an initial appreciation of the incident Assess personal risk and preserve lives
Witnesses Locate and identify witness(s)
Scene Preserve the scene by setting out boundaries
Exhibits Note evidence and preserve any that otherwise will be lost or destroy
Ingredients Consider whether the ingredients of the alleged offence has been committed
Powers Identify what powers are available to you and consider to execute them
Offender Identify and apprehend the suspect(s)

82
Q

Open Courses defined

A

Course open plan 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.

83
Q

What are polices responsibility for preservation of life?

A

It is imperative that Police ensure their own safety, the safety or other responders and that of the others present at the scene.

84
Q

In deciding on courses open, what questions should be asked?

A

1, what are the possible results or consequences of each alternative?
2, which alternative is the most appropriate way to reach the objective?
3, from these considerations, decide on the most appropriate course to achieve your aim.

85
Q

What is polices purpose when investigating death, no matter the circumstances?

A

Police’s purpose is always to investigate thoroughly and gather sufficient evidence to satisfactorily explain the circumstances of the death.

86
Q

In initial attendance, what should be done as a risk assessment?

A

A reconnaissance should be conducted to establish who is present at the scene. This may include other injured people, or hidden offender.

87
Q

What are the three categories of medical status of the victim?

A

Alive uninjured
Alive injured
Shows no signs of life

88
Q

What are the steps of initial action to preserve a scene?

A

Identify
Secure
preserve
Consider
record

89
Q

What are the two teams in a serious crime investigation that are each as important as the other? –

A

 Investigation Team
 Support (Headquarters) Team

90
Q

What is a must for maintaining high standards in the investigation process?

A

-Have an investigative mindset
-Have the ability to apply the Appreciation Technique to think through issues to ensure the best possible course of action is followed
-Always consider how your decisions will look under cross-examination 18 months later in the High Court when the case proceeds to trial
-Pay meticulous attention to detail
-Carry out your assigned tasks efficiently
-Value the importance of professionalism, integrity and objectivity in conducting investigations
-Have good communication skills (written and oral)
-Work as a team

91
Q

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

A

-Keep all members of the team up to date with developments in the enquiry
-Give team members the opportunity to exchange views and pass on important information
-Give the 2IC the opportunity to pass on instructions to staff on file management and other administrative matters
-Give the officer in charge the chance to brief the team on important investigative topics, priorities and which lines of inquiry to follow

92
Q

When it comes to team conferences chaired by the officer in charge, what must they be?

A

Carefully planned
Recorded, and
Focused and managed so they are not overly drawn out

93
Q

What are the different types of conferences?

A

Initial conference
Regular conference
Debriefing conference
Phase team conference (OC Phase and their team only)

94
Q

When it comes to disclosing notes that were taken at a conference what is the process around disclosure?

A

Note taking at conferences are generally not subject to disclosure. It is good practice to clearly identify which entries were made at conferences for disclosure purposes.

95
Q

When you first attend a serious crime scene what risks must you first consider

A

You must assess the situation carefully and decide what the most important things to do are, and in what order. Primary functions include:
Attending the scene at an early stage
Taking control of the situation
Co-ordinating tasks
The initial action taken by Police is vitally important and will frequently affect the outcome of subsequent enquiries.

96
Q

What can Reasoned Positive Action minimize during the initial stages of an investigation?

A

Any loss and maximize opportunities to secure relevant information, i.e intelligence and admissible evidence.

97
Q

What are some instances where incidents are reported to Police that are not initially identified as homicide?

A

Report of a 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 vehicular collision
Suicide
Fatal fire
Drug related deaths

98
Q

When it comes to the initial responsibilities, what is the general investigation model that should be applied in all cases?

A

VAWSEEPO
Victim – Identify and locate victims
Appreciation – Make an initial appreciation
Witnesses – Locate and contain witnesses
Scene – Preserve the scene
Exhibits – Note evidence and preserve
Elements – Consider the ingredients of the alleged offence
Powers – Identify what powers are available and when to execute them
Offenders – Identify and apprehend suspects

99
Q

What are the basic principles you must remember?

A

Freeze, control, guard and preserve.

100
Q

Define Appreciation

A

An appreciation is a proven method of problem solving. The process follows a series of set steps to ensure the optimum course of action is decided upon.
It considers all appropriate factors and weighs the benefits and risks of all alternative solutions, allowing sound decisions to be taken. An appreciation is an ongoing process which involves continually thinking through each new piece of information as it is uncovered.
Police attending a serious crime incident must make an appreciation before taking decisions and prioritizing tasks. Good decisions are not a matter of luck or guesswork; they are the outcome of a process of logical reasoning and careful consideration.

101
Q

List the key benefits of applying an appreciation technique.

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

102
Q

What are the 4 steps for the appreciation technique in relation to initial response?

A

Aim
Factors
Courses Open
Plan

103
Q

In relation to the 4th step of the appreciation technique, what must the plan be?

A

The logical outcome of the Appreciation
Clear, concise and leaves no room for misinterpretation
Designed to avoid introducing matters not previously considered
Recorded
Delivered in GSMEAC format, Ground Situation, Mission, Execution, Admin, Command

104
Q

There are advantages and disadvantages of the courses open, what questions must be asked?

A

What are the possible results or consequences of each alternative?
Which alternative is the most appropriate way to reach the objective?

105
Q

The person reporting an incident is a critical witness in an investigation, what information is a priority to obtain from this person?

A

Identity and location of the suspect
A firsthand account of what they know
Precise details of the scene location
Identity of the victim
Detail of others at the scene
Informants full contact details
Informants’ demeanor
Informants’ relationship with suspect/victim

106
Q

In circumstances, a delay may occur from the initial report and Police attendance. In order to reduce the loss or contamination of evidence, what may the informant be asked?

A

To return to the proximity of the scene and guard it if safe to do so
Not to enter the obvious scene boundaries
Not to touch or move anything
Prevent others interfering with the scene
Await Police attendance and identify themselves

107
Q

What should officers do that have initial contact with the informant?

A

Officers who have initial contact with the informant should take great care in recording what they say, including demeanor and clothing. This may assist if the informant becomes a suspect.

108
Q

What does a reconnaissance establish in relation to the scene?

A

Who is present, which can include other injured people or a hidden offender.

109
Q

In relation to risk assessments, after a reconnaissance is completed what is the first priority at the scene?

A

Ensuring the safety of attending Police members and other response staff

110
Q

When the victim is uninjured preserve the scene. If the victim is injured, what practical steps should be taken?

A

Call an ambulance, consider resuscitation if required
Note the victim’s body if the moved
Detective to accompany victim to the hospital or attend without delay

111
Q

What steps should be taken at the Hospital in relation to the victim?

A

Obtain a medical opinion as to the victims condition
Seize the victims clothing/possessions as evidence
Establish victims identity
Seize bandages etc used to cover wounds – noting locations
Arrange firearm residue samples where appropriate
Note and photograph injuries
Arrange DNA swabs from victims skin where appropriate
Obtain visitor details
Scoping interview
Preliminary interview with medical staff

112
Q

Describe the Common Approach Path.

A

Explain common approach path Common approach paths are a route in and out of the scene that all staff/civilians are to use.
This path will be a route that avoids any route taken to and from the scene by the suspect or victim.
It is best to consider possible approach paths previously and establish a common approach path early to prevent loss of evidence or cross contamination.

113
Q

Under section 16(1) of the Evidence Act 2006, Police must record any factors which demonstrate the reliability of the statement or its maker. What must the circumstances include?

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
Circumstances relating to the accuracy of the observation of the person

114
Q

When the victim shows no signs of life, what steps should be taken?

A

Call ambulance and resuscitate if appropriate
Remain with the body
Arrange life extinct by appropriate person
Treat victim as a scene
Instruct medical staff to leave clothing on
Instruct all medical items left in situ
If possible, scoping interview with medical staff
Who victim spoke to before death
Record body position
Objectively record everything observed using all sense
Record all exhibits
Scene sketches include exhibits
Provide all information to OC

115
Q

Explain the steps of ‘Identify’ for preserving a scene

A

Gather information and an initial assessment
Consider powers under Search and Surveillance
Establish the crime scene, wide parameters
Common approach paths different to victim and suspect if possible
Other related scenes
What’s happening in the scene, who is there
Record observations
Scene HQ
SITREP

116
Q

Explain the steps of ‘Secure’ for preserving a scene

A

Exercise Search and Surveillance where necessary
Remove all persons within the scene, causing minimal disturbance
Establish cordoned parameters
Arrange and brief scene guards
Arrange crime scene log
Prevent unauthorized entry/exit
Prevent further loss or damage to evidence

117
Q

Explain the steps of ‘Preserve’ for preserving a scene

A

Consider best path into scene
Record movements/action in scene
Preserve – keep scene in original state
Consider stepping plates
Be prepared to take immediate action to preserve evidence

118
Q

Explain the step for ‘Consider’ for preserving a scene

A

Consider if photographs of the scene and persons present are necessary

119
Q

Explain the steps of ‘Record’ for preserving a scene

A

The integrity of the scene, maintaining crime scene log
Observe and record full notes, location of victim
Scene sketch
Photograph scene – video
Identify anything moved
Accurate records and report to OC Investigation

120
Q

What is the purpose of a Crime Scene Log?

A

No unauthorized entry into the scene
Integrity of evidence or potential evidence is secured
Intelligence opportunities are maximized
Contamination issues are managed

121
Q

What are the 4 matters that must be record in a crime scene log to maintain the integrity of the scene? –

A

Name and designation
Authority to enter the scene
Purpose of the visit
Time of entry and time of exit

122
Q

When a witness is so close to a scene or suspect, forensic evidence may have transferred onto the witness. Forensic evidence from an important witness at a serious scene should be considered. What are some areas to consider as forensic evidence?

A

Immediate DNA swabs of any areas of the witness that the suspect may have touched
Immediate DNA swabs of any blood present on the witness
Immediate swabs of any other relevant stains present on the witness
Forensic medical examination i.e fingernail scrapings
Seizure of clothing and footwear
Seizure of any items of property touched by suspect

123
Q

What else can you consider in relation to forensic evidence from an important witness?

A

Avoid any potential cross contamination i.e using different vehicles and interview rooms
Photographing witnesses at scenes to assist in other inquiries
Photograph any injuries suffered by witness

124
Q

Explain the procedure when a suspect is at the scene

A

Separate Suspect from others
Consider condition of suspect i.e medically, impairment etc
Ask to remain and co-operate, remove by consent or powers
Consider arrest
Prevent cross contamination
Caution Suspect whether arrested or detained
Consider searching suspect and belongings
Consider searching vicinity of suspect
Note suspect appearance and demeanor
Record what suspect says
Interview on DVD where possible
Brief OC investigation on arrival

125
Q

What action should you take if media are present at scene?

A

Keep them away from the immediate scene, make no comment and consult with the OC Investigation.

126
Q

What 4 key points will the OC Investigation expect in a briefing from the OC Initial Action?

A

What has occurred
What action has been taken
What has not been done
What needs to be done

127
Q

List 4 ways to control people at a scene to gain control of a scene.

A

Take control of the scene
Exercises Warrantless powers if appropriate, pursuant to Search and Surveillance 2012
Clear the scene of persons and if possible, contain them nearby
Identify and locate the complainant and conduct preliminary interview
Arrange a detailed interview and statement

128
Q

What should be considered when it comes to the appointment of OC Body?

A

The OC body should be an experienced investigator with awareness of forensic issues. If not possible the OC body may require additional support and/or mentoring.

129
Q

Who must provide authority for the body to be moved?

A

The OC Investigation.

130
Q

When it comes to moving the body, what details should you record first in relation to the body?

A

Position of limbs
Appearance of the body
Wounds and clothing
Direction of any trails of blood present
Lividity
Extent of rigor mortis

131
Q

What is the primary role of the OC body while attending a post-mortem?

A

The primary role of the OC Body during a post-mortem is to observe, document and deal with exhibits associated with the body, in a structured and methodical manner.

132
Q

Why would a second postmortem be considered?

A

The legal representative of any suspect who has been (or may be) charged must be informed of the time, date and place of the post-mortem, and advised that they are required to seek authority from the Coroner for a doctor (or any other representative) to attend on their behalf. If the Coroner directs a second or subsequent post-mortem to be conducted.

133
Q

When stripping the body of clothing and exhibits, when is this to occur?

A

Stripping of the body will take place immediately before the post-mortem examination commences, but must only be undertaken on the specific direction of the OC Investigation.

134
Q

In addition to photographs being taken at the scene of the body, what must the OC Body ensure at the mortuary?

A

The body before it is stripped
The body after it is stripped
Close up photos of wounds, marks, internal injuries and unusual features

135
Q

Whose responsibility are the exhibits seized from the body and during the post-mortem?

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 post-mortem.

136
Q

When it comes to action after the post-mortem, the OC Body must hand over all exhibits to the OC Exhibits. This is to maintain an unbroken chain of continuity and security. What should be provided?

A

The post-mortem scene exhibit schedule
Copy of the OC Body’s notebook entries
Formal written statement

137
Q

What is the FLO role as an investigator?

A

The FLO will normally be responsible for profiling the victim, preparing a family tree and gathering all relevant information from the family.
This may include taking statements to identify the victim.

138
Q

When it comes to Risk assessment, intelligence systems should be used to establish whether there are any people inquiries staff should be aware of, what does this include?

A

Violent offenders
Persons wanted by Police
Groups requiring linguistic or cultural needs
Local incidents

139
Q

What is the benefit of factoring in ‘timing’ to an area canvas phase?

A

In some cases, the area canvas should be conducted at the same time as the original offence, to capture people who regularly pass through that area at that time of the day e.g a homicide of a person is a park in the early hours of the morning.

140
Q

How can specialist units assist in the area canvas phase?

A

Specialist Police units such as the Behavioural Science Unit or criminal or geographic profilers may be consulted to assist with setting parameters or identifying locations where suspects are likely to frequent or to reside.

141
Q

Explain your understanding of Team Motivation in relation to a serious investigation

A

Its essential for staff to remain focused and alert to the possibilities the person they are speaking to could be a vital witness or the offender.
The OC Area Canvass should ensure staff morale remains high and this can be achieved by providing regular feedback on the way canvass enquiries are contributing to the progress of the investigation, together with updates on the progress being made with other phases of the enquiry.
Canvas team members should be regularly visited during the area canvas to monitor welfare, maintain control, morale, enthusiasm and efficiency.

142
Q

When it comes to ‘Monitoring Progress’ the OC Area Canvas should keep an up-to-date map of the area canvassed. What should this show?

A

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

143
Q

What other approaches can be used to obtain information from the public during the area canvas phase?

A

Media
Poster campaign
Mail drop
High profile Police presence, using caravan

144
Q

List 8 things that may be included in the debrief of the area canvas.

A

Key locations – door to door enquiries
What questions were asked
What records have been completed
Who has been spoken to where
Any intelligence obtained
Identity of any suspects
Details of nil response addresses
Where persons have credible alibi

145
Q

Explain the ‘Final Report’ in relation to area canvass?

A

At the end of the area canvas the phase OC must submit a report to the OC Investigation outlining the circumstances of this particular aspect of the investigation. The report includes:
Summary of action taken
Significant findings
Any action taken outside the phase strategy

146
Q

What should officers do that have initial contact with the informant?

A

Officers who have initial contact with the informant should take great care in recording what they say, including demeanor and clothing. This may assist if the informant becomes a suspect.

147
Q

When trying to locate other witness, what methods can the OC Investigation consider identifying witnesses?

A

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

148
Q

Before a witness is interviewed, a plan must be prepared to preserve and recover all available evidence from a witness. What does this include?

A

DNA
Fingerprints
Clothes
Footwear
Fibers
Body fluids
Glass
Other material

149
Q

In some cases, it may be necessary to conduct a prompt preliminary interview with a witness. This information is likely to rapidly progress the investigation. What may this information lead to?

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

150
Q

Assessments should be made of witnesses before a formal interview is conducted. This is to allow the investigative team to consider how the interview is conducted. What does this enable the team to identify?

A

Whether the witness requires special consideration due to personal characteristics of the witness or the offence
Availability of witness
Any needs the witness has for special assistance
Optimum approach with witness

151
Q

When it comes to the appointment of an interviewer, what issues should be considered?

A

The level of training of the interviewer
Investigative important first should be level 3 or level 2 interviewer
Interviews of serious or complex should be Leve 2
Forensic child interviewer should be utilized for a child
Interviewing experience of the officer
Suitability of the interviewing officer

152
Q

What risk assessment needs to be made in relation to witnesses.

A

A risk assessment must be conducted to establish the extent to which a witness might be at risk of intimidation and/or physical harm.
Different forms of intimidation from a fear of going to court to their life being at serious risk.

153
Q

Police have responsibilities to witnesses. Explain how it is best to identify and manage witness intimidation.

A

By maintaining contact with witnesses, Police will be more likely to become aware of any threats, intimidation or interference and can arrange for appropriate action to be taken, such as initiating the witness protection program.

154
Q

Police have responsibilities to witnesses. Explain how it is best control witnesses during proceedings.

A

Ensure the witness does not:
Have contact with jurors
Discuss the case in public areas while waiting to give evidence
Discuss the case with witnesses waiting after they give evidence

155
Q

Police have responsibilities to witnesses. Explain how it is best to refresh the witness’s memory.

A

At court, request the witness refresh their memory by reading any previously signed statement(s) or interview transcripts.

156
Q

When a witness requires protection, what options can be provided by Police?

A

Where a serious threat to life is understood, then the matter should be dealt with in accordance with National Witness Protection Program guidelines.
The witness may be entitled to anonymity, which can be obtained from a judge.

157
Q

In relation to Alibi witnesses, what must the investigator do under section 22?

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 these enquiries to the Crown Solicitor, including any statements obtained

158
Q

The management of suspects falls into three categories, what are they?

A

Identification and profiling
Arrest/termination
Interviewing

159
Q

Describe who is responsible during an investigation for determining the status of a person as a suspect, person of interest, witness or victim?

A

Responsibility for determining the status of a person within the investigation whether as a suspect, person of interest, witness or victim rests with the OC Investigation.

160
Q

What should the initial briefing for the suspect team encompass?

A

The circumstances of the offence including scene analysis ad witness evidence
Full details of all persons of interest and any suspects
Details of any suspect descriptions
Whether any MO have been identified

161
Q

Explain how to determine investigation priorities in relation to multiple suspects

A

Investigate all suspects thoroughly in order of priority as decided in consultation with the OC Investigation.
Aspects that might influence the setting of priorities are the relative weight of evidence against a person or the likelihood of their leaving the area.
You may also be influenced by a particular urgency in solving the case or the availability of staff.

162
Q

Explain what briefs and debriefs must be had with suspects team members?

A

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

163
Q

During any interview with the suspect the OC suspects must ensure that?

A

Interview is conducted in accordance with investigative interviewing procedures
It is monitored by a supervisor or experienced detective
Ensure explanation is sought from suspect regarding any exhibits

164
Q

When executing a search warrant, what should you do when you find an exhibit and the suspect is present?

A

Seek explanations from the suspect regarding any exhibits found, record the explanations provided and ask them to sign the notes and add a declaration certifying the notes as a true and accurate record of what was said.

165
Q

What occurs when a Medical examination is carried out on the suspect?

A

The OC Suspects will arrange, in consultation with the OC Investigation, for a Police doctor to examine the suspect. The doctor must:
Note any injuries, such as scratches or bruises
Take samples identified as necessary by the OC Investigation using a specialist Medical Examination Kit, including:
- blood
- saliva
- pubic and body hair, if relevant
- fingernail scrapings
- swabs of the suspect’s hands or other relevant areas
Swab the suspect’s hands for firearms residue using a specialist Firearms Detection Kit, as soon as possible where a firearm has been involved in an offence. Such residue may persist on the hands or clothing of a suspect for up to three hours.
Provide a professional opinion regarding the condition of the suspect.
Record any explanations or comments made by the suspect about the offence or the cause of any of injuries. Photographs of the suspect and any relevant marks or injuries must be taken.

166
Q

Explain your understanding around what occurs for alibis in relation to suspects.

A

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

167
Q

On appointment what initial action must the Disclosure Manager take?

A

Report to the 2IC to received a briefing, tasks
Read the Disclosure Managers desk file
Sort stuff in IMT

168
Q

What are some of the key responsibilities of the Disclosure Manager?

A

Ensure all relevant and discoverable material is provided to defence
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 and auditable systems are employed to record disclosure decisions
Manage disclosure timeframes with the provisions of the Act
Retain and file all correspondence with defence counsel, in the 50000 series
Create a record in NIA of the fact of disclosure against the charges(s) making a record of delivery for initial disclosure in NIA.

169
Q

In relation to communication with Defence Counsel, what is the most appropriate step to take?

A

All communication with defence counsel should be conducted through the 2iC or Crown Solicitor where engaged.
If counsel change, make efforts to confirm in writing that the new counsel have received all replacement disclosure.

170
Q

In relation to disclosure what is the best way to disclose information to defence?

A

Section 10(4) of the Act provides that 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 it is readily accessible to the defendant. Consideration must be given to whether a defendant has ready access to a computer for electronic disclosure particularly if remanded in prison.

171
Q

What is best practice for providing disclosure to the crown?

A

The Crown should be provided with an identical copy of all material that is disclosed to defence counsel. The Crown should also review an un-edited copy of the material, where appropriate.

172
Q

For Disclosure decision making who is responsible

A

The 2IC Investigation is ultimately response for managing disclosure decisions including whether the matter should be referred to a Senior Police officer, Police Legal Services or the Crown Prosecutor for evaluation as to whether the document should be disclosed.

173
Q

In a homicide investigation, it is recommended that the OC Exhibits is a qualified Detective with what type of experience?

A

Mass exhibit handling
Forensic principles
Methods of exhibit recovery
Approved procedures for packing and security of evidence
Managing contamination and cross-contamination issues
Use of standardized documentation as contained in the IMT application or the PROP application

174
Q

Who does the OC exhibits report to in a serious investigation

A

The 2IC of the investigation

175
Q

In smaller investigations, the OC Exhibits may also conduct an appreciation and facilitate a thorough interrogation of every exhibit. What does this process help establish?

A

Evidential value of each exhibit
Investigative opportunities presented by each exhibit
Further enquiries that are needed

176
Q

What is the OC Exhibits responsible for

A

Recovery
Handling
Labelling
Storage
Submission to experts
Presentation at Court
Disposal of exhibits, and
Ensuring these processes are completed in accordance with the requirements set by the OC Investigation and the IMT application.
The OC Exhibits must communicate required standards to all investigation team members, usually at investigation conferences.

177
Q

You have been appointed OC Exhibits. What instructions regarding the handover of exhibits to the OC exhibits must you give to all staff who are locating and handling exhibits?

A

The OC Exhibits must communicate required standards for the recovery, handling, labelling of the exhibits to all investigation team members, usually at investigation conferences.

178
Q

What updates (where appropriate) must the exhibits officer give to the OC Investigation and 2IC?

A

What exhibits have been found, and their movements
The results of any exhibit examinations
Whether any further enquiries are required

179
Q

In relation to safe storage of exhibits, under what circumstances should the OC exhibits only accept exhibits

A

The exhibit is labeled correctly and contains the exhibit number and name of the operation
Exhibit is correctly packaged and sealed correctly, and label is visible
Prompt action for exhibit preservation is taken, drying wet exhibits in appropriate facility

180
Q

The OC exhibits ensures that all exhibits are fully examined, in accordance with Forensic Strategy meeting decisions. They must maintain an awareness of the significance of each exhibit and what examinations may be available.
What other specific matters regarding each exhibit must the OC exhibits determine?

A

The OC Exhibits will determine, plan and record the examination and interrogation of every exhibit and establish its relevance to the investigation.

181
Q

What do Forensic Strategy Meetings achieve?

A

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

182
Q

Why is it important to develop a forensic strategy for exam of exhibits Developing a Forensic Strategy?

A

Developing a strategy for examination of exhibits allows the OC Exhibits to prioritize tasks in line with the direction of the investigation. The strategy must be approved by the OC Investigation and continually reviewed throughout the investigation to keep abreast of any developments.

183
Q

As OC exhibits, you must attend all investigation team conferences. What else must you do?

A

The OC Exhibits must attend all Forensic Strategy Meetings and investigation briefings to facilitate information sharing. Where possible they take responsibility for maintaining liaison between who?
OC investigation
2IC
Crime Scene Co-Ordinator
OC Scene
ESR, and
Other specialists

184
Q

What does early involvement of forensic specialists ensure?

A

That exhibits are protected and that the maximum potential forensic evidence and intelligence are recovered from them.

185
Q

Describe two of the topics to be covered during a forensic strategy meeting.

A

Topics covered during a Forensic Strategy meeting may include:
* 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.
Following any Forensic Strategy meeting, the OC Exhibits must record on the Exhibits Register, all decisions taken about the types of examinations to be conducted and the priority allocated to the examination of each exhibit.

186
Q

When forwarding an exhibit for examination, what steps must you follow?

A

Ensure exhibit examination decisions are confirmed
Record in IMT/PROP application all decisions about types of examinations and priority allocated
Ensure OC investigation has authorised the examination
Prepare the paperwork for ESR or other expert, Pol 143 etc.
Prepare exhibits for forensic examination before being delivered, including:
Separately wrapped
Sealed
Exhibits labelled and numbered
List attached to Pol 143
POL 143 is consistent with labels on exhibits
Exhibits in appropriate condition, dry or refrigerated
The POL 143 must contain sufficient information, including:
Circumstances of case
Purpose of examination
Location where each exhibit originates from
Damp or require special attention
Authorised by appropriate supervisor
Prompt delivery for scientific examination
Inform expert if examination is no longer required

187
Q

What action should the OC exhibits take when are further enquiries are a result of exhibit examinations?

A

The OC Exhibits must update the Exhibits Register with the results of exhibit examinations. The OC Exhibits should bring such information to the attention of the OC Investigation and not assume that they are aware of it by any other means.
Where the OC Exhibits becomes aware that further enquiries are required in relation to a particular exhibit, this must be highlighted to the 2IC so that follow-up enquiries can be initiated.

188
Q

What is best practice for photographing exhibits?

A

All exhibits photographed in a Police studio must have the exhibit number displayed in the photograph.

189
Q

Who must oc exhibits allow to inspect exhibits?

A

OC exhibits must facilitate the inspection of exhibits by defence, in circumstances where Police have an obligation to allow such inspection under section 19(1) of the Criminal Disclosure Act 2008.

190
Q

When preparing for trial, what must be done in relation to exhibits?

A

The OC investigation, OC exhibits and other relevant investigation team members must decide which exhibits are considered relevant, determine the significance of any forensic examinations and establish the most appropriate manner to present exhibits and the results.

191
Q

When producing exhibits in court, the OC exhibits must conduct this in which manner? -

A

Clearly demonstrates the evidential value of the exhibits, e.g by mounting clothes on a mannequin or board
Avoids any risk of physical injury, disease, accident, contamination or damage
Have an exhibits schedule which will be produced as an exhibit

192
Q

Describe and state the purpose of the 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.

193
Q

Chain of Custody is achieved by using IMT or PROP to record the physical location. What is the best way to the integrity of exhibits?

A

By limiting the number of persons involved in the chain of custody, with a preference that as few people as possible handle exhibits.

194
Q

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

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’

195
Q

What is the purpose of the exhibit number ranges?

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, MEKS, Documents, blood samples, Photos sent to ESR

196
Q

What are the current exhibit number ranges and what do they relate to?

A

10000 – Admin
15000 – Victim
20000 – Witnesses
25000 – Area canvas
30000 – Scenes
70000 – Suspects

197
Q

Explain the process of multiple exhibits coming from an exhibit, a box containing, a plastic bag, containing a plastic bottle containing drugs.

A

The box is exhibit 12345 it contains a plastic bag, which contains a plastic bottle, which contains drugs.
The plastic bag is given another exhibit number 12346 and the location is recorded as either inside box or came from box exhibit 12345, and so on all the way to the drugs.
Simple answer, do a came from exhibit in IMT

198
Q

What are your duties as OC exhibits once prosecution is complete?

A

Collect exhibits from Court after conclusion of the proceedings.
After expiry of the appeal period, dispose of the exhibits as directed by the OC Investigation.
Submit a report of exhibit disposal to the 2IC, including receipts for exhibits returned and certificates of destruction for other
exhibits.
Exhibits seized pursuant to a Production Order or Search Warrant must be disposed of in accordance with sections 150 and
151 of the Search and Surveillance Act 2012.
Remember to record all exhibit movements and disposal action in IMT or PROP.

199
Q

What are scene guards duties?

A