Serious crime investigation Flashcards

1
Q

What does the investigation team comprise of?

A

Persons making enquiries in order to solve the case

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2
Q

What is the investigation team divided into?

A

Separate phases, for example; area canvass, general enquiries, Electronic and Suspects

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3
Q

What does the support (or administrative) group?

A

Provides support resources and helps to organise and process the information gathered

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4
Q

What are the two key tasks of any investigation?

A
  • Gathering and preserving evidence
  • Accurate and detailed documentation
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5
Q

Who is responsible for the investigation?

A

Everyone in the team is responsible - not just the officer in charge. Therefore, all team members need to be able to coordinate the procedures and activities that are critical to the investigation of a case.

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6
Q

To maintain high standards in the investigation process you must:

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
  • Always consider how your decisions will be scrutinised under cross-examination 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 and
  • Work as a team
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7
Q

What is the purpose of holding team conferences?

A
  • Up to date - Keeps everyone up to date on important information
  • Share - Pass on views and information
  • Instructions - OC investigation to provide tasks
  • Debrief - opportunity to debrief the team on priorities and further lines of enquiry
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8
Q

Who chairs a team conference?

A

The officer in charge

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9
Q

What must a team conference be?

A
  • Planned
  • Recorded
  • Focused and managed to avoid excessive time use
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10
Q

What are the different types of team conferences?

A
  • Initial conference
  • Regular conference
  • Debriefing conference
  • Phase team conference
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11
Q

What is a phase team conference?

A

A conference run by the OC phase and attended by his / her team only

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12
Q

What must be done to maintain confidentiality during a team 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.

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13
Q

What are the first Police arriving at the scene of a serious crime responsible for?

A

All police action, until they are relieved by a supervisor, CIB, staff or the OC investigation. Until they are relieved, they are the temporary OC investigation.

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14
Q

What must every person do who undertakes a course of action at a scene?

A

Conduct a risk assessment and determine what the most important things to do are, and how / in what order they should be done.

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15
Q

What are the primary functions of the first Police in attendance at a serious crime?

A
  • Attending the scene at an early stage
  • Taking control of the situation and
  • Co-ordinating tasks.
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16
Q

Why is initial action by Police so important?

A

Initial Police action is vital and often shapes the outcome of the investigation.

Reasoned and positive initial action can minimise loss and maximise opportunities to secure relevant information.

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17
Q

Who is responsible for maximising safety and eliminating / minimising risk at work?

A

All Police employees and persons engaged by Police to provide a service.
This includes contractors and their employees, trainees, interns and volunteers.

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18
Q

Are all incidents involving homicide readily identifiable as such?

A

No - initial information may indicate that an offence has been committed. May range from precise to vague.

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19
Q

What are some instances of homicide that aren’t identifiable as such initially?

A
  • Report of a missing person
  • Sudden unexplained death of an infant
  • Unexplained death
  • Report of an 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
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20
Q

What is the general investigation model that should be applied when responding to a critical event?

A

VAWSEEPO

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21
Q

What does the acronym VAWSEEPO stand for?

A

Victim
Appreciation
Witnesses
Scene
Exhibits
Elements
Powers
Offenders

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22
Q

What is the technique of “victims” in VAWSEEPO?

A

Identify and locate the victim(s)

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23
Q

What is the technique of “Appreciation” in VAWSEEPO?

A

Make an initial appreciation of the incident.
Assess personal risk and then preserve the lives of others

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24
Q

What is the technique of “Witness” in VAWSEEPO?

A

Locate and contain witnesses

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25
Q

What is the technique of “Scene” in VAWSEEPO?

A

Preserve the scene (e.g. set boundaries

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26
Q

What is the technique of “Exhibitis” in VAWSEEPO?

A

Note evidence and preserve any that would otherwise be lost or destroyed

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27
Q

What is the technique of “Elements” in VAWSEEPO?

A

Consider whether the ingredients of the alleged offence have been established

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28
Q

What is the technique of “Powers” in VAWSEEPO?

A

Identify what powers are available and consider whether to execute them

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29
Q

What is the technique of “Offenders” in VAWSEEPO?

A

Identify and apprehend suspect(s)

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30
Q

What must you remember when initially attending the scene?

A

Freeze, Control, Guard and Preserve.

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31
Q

What is the definition of an appreciation?

A
  • PROVEN method of problem solving
  • FOLLOWS a series of steps to decide on the best course of action
  • CONSIDERS all appropriate factors and weighs the benefits and risks of alternative solutions
  • ALLOWS for sound decisions
  • Is an ONGOING process which involves continually thinking through each new piece of information.
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32
Q

What are the key benefits of applying an appreciation technique?

A
  • Ensures everyone knows what the expectations are
  • Establishes a sequence of activities
  • Maximises suceess and ensures nothing is overlooked
  • Reduces uncertainty and risk
  • Eliminates duplication
  • Good use of resources
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33
Q

Does an appreciation have to be written?

A

In protracted situations yes, it can be. However, in urgent situations where initial action is required a shortened form, often performed mentally is sufficient.

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34
Q

What is the acronym for the steps of an appreciation?

A

AFCO

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35
Q

What does “AFCO” stand for?

A

Aim
Factors
Courses open
Plan

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36
Q

What is the definition of “aim” in “AFCO”?

A

A short, one line, statement which demonstrates a single objective / goal

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37
Q

What is the technique to apply to “aim” in “AFCO”?

A
  • The aim must be clear, accurate and concise.
    -It must be chosen carefully - the wrong aim will produce the wrong result
  • The aim of the appreciation process should be on the mind at all times, particularly when making decisions
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38
Q

What is the definition of “factors” in AFCO?

A

A factor is any circumstances or fact that could possibly have an effect on the outcome/aim

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39
Q

What are examples of factors for AFCO?

A
  • Further risk to life
  • The location of possible suspects
  • Resources available
  • Evidence requiring preservation
  • The environment and weather conditions
  • History of the relevant parties
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40
Q

What is the technique to apply to “factors” in AFCO?

A
  • Ask the question “So what” “What does this mean” to examine factors and draw logical conclusions from it. E.g. “I only have 5 staff available, so what does this mean?”
  • This will lead to a logical conclusion or conclusions e.g. therefore I must priorities the tasks to be completed. The keyword is “therefore” because it prompt the logical conclusion.
  • Any deductions made must in turn be examined themselves to see whether they will yield further deductions.
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41
Q

What is the definition of “courses open” in AFCO?

A

All options available to achieve the aim / desired outcome, bearing in mind the factors and the deductions made from those factors.

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42
Q

What is the technique to apply to “Courses open” in AFCO?

A

Each course must be examined for its advantages, disadvantages and risks.

The following questions must be asked:
- What are the possible results or consequences of each alternative
- Which alternative is the most appropriate way to reach the objective

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

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43
Q

What is the definition of “Plan” in AFCO?

A

A plan is a proposed course of action.

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44
Q

What is the technique to apply to “Plan” in AFCO?

A

A plan must be
- The logical outcome of the appreciation
- Clear, concise and leaves no room for misinterpretation
- Designed to avoid introducing matters not previously considered by the appreciation
- Consistently considerate of safety issues
- Recorded
- Delivered to staff using the SMEAC format

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45
Q

When should an officer adopt an investigation mindset?

A

From the moment they are tasked with responding to a serious crime incident.

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46
Q

What does the journey to the scene provide?

A

The opportunity to make some initial decisions and considerations as to how to approach the task at hand.

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47
Q

What basic decisions will assist in establishing an investigative mindset?

A

Assigning areas of responsibility and ensuring communication with the Emergency Communications Centre

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48
Q

What do you always need to remember when going to the scene of a death?

A

Polices purpose is to conduct a thorough investigation and gather sufficient evidence to explain the circumstances of death.

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49
Q

The informant is a critical witness in an investigation and therefore it is a priority to obtain as much information from them. What must you look to obtain from them prior to initial attendance at the scene?

A
  • The identity and location of the suspect
  • A first hand account of what the complainant / informant knows
  • Precise details of the location of the scene
  • Circumstances leading to the discovery
  • Identity of the victim
  • Details of anyone else at the scene
  • Full contact details of the complainant / informant
  • Demeanour of the complainant / informant
  • Relationship of the complainant / informant, to the victim or suspect
  • Details of action the complainant / informant has taken and where they have been
  • Details of any hazards or safety issues that may affect Police approaching the scene/victim
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50
Q

In circumstances where there is a delay in initial attendance, what may the complainant / informant be asked?

A
  • To return to the proximity of the scene, and guard it, if it is considered safe for them to do so
  • Not to enter the obvious boundaries of the scene
  • Not to move or touch anything
  • To prevent others from entering or touching the scene
  • To await police arrival and identify themselves to the first police at the scene
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51
Q

What should officers who have had contact with the complainant / informant do?

A

Take great care in recording what the complainant / informant says, their demeanour and clothing etc.
These could become critical - particularly if they are later identified as a suspect

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52
Q

What is imperative at the scene?

A

That Police responders ensure their own safety, the safety of other responders and that of others present at the scene.

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53
Q

Subject to the appreciation of risks - what should happen?

A

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

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54
Q

What is the first priority at a scene?

A

It will always be to ensure the safety of the attending Police members

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55
Q

After ensuring the safety of those present (attending officers) what is the next priority?

A

To establish the physical condition of the victim.

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56
Q

What three categories does the physical condition of the victim fall into?

A
  • Alive but uninjured
  • Alive but injured
  • Shows no signs of life
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57
Q

What to do in cases where the victim is alive with no injuries?

A

No additional issues or complications arise - proceed to preserving the scene.

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58
Q

What to do if a victim is injured but alive?

A

Call an ambulance and consider resuscitation if appropriate.

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59
Q

What if the victim (alive but injured) is moved for the purpose of resuscitation?

A

Note the original body position and record any previous movements.

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60
Q

If it is necessary for the victim to be transferred to hospital by ambulance, what should you do? (two things)

A

Obtain details of the ambulance crew and their destination must be recorded.
If practicable, a detective should accompany the victim to hospital. Otherwise, they should attend hospital without delay.

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61
Q

On arrival at hospital, what are the steps that a detective should follow?

A
  • Obtain a medical opinion on victim status
  • Seize the victims clothing / possessions
    Identify victim
  • Obtain a pre-transfusion blood sample
  • Obtain firearm residue samples (when firearm use is suspected)
  • Note and photograph any injuries
  • Obtain DNA swabs
  • Obtain details of visitors
  • Conduct a scoping interview
  • Conduct a preliminary interview with ambulance and emergency staff
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62
Q

How must you conduct a scoping interview with the victim and what information should you seek to obtain?

A

Using appropriate open questioning (TEDS) to establish what happened and who was involved.
(But only if this does not adversely affect the medical welfare of the victim.

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63
Q

If it is anticipated the victim may die - what should you consider?

A

Recording an immediate statement

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64
Q

If an immediate statement is taken and the victim dies, can it still be used in court?

A

It may be admissible as hearsay evidence

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65
Q

What must be met for the (deceased) victim statement to be admitted into evidence?

A

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

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66
Q

How can Police prove reliability of a victims statement (hearsay)?

A

Record any factors which demonstrate the reliability of the statement or its maker.

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67
Q

What circumstances are considered when determining if a hearsay statement is reliable?

A
  • The nature of the statement
  • The contents of the statement
  • The circumstances relating to the making of the statement
  • The veracity of the person
  • The accuracy of the observation of the person
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68
Q

How must you obtain information from ambulance and emergency staff and what information would you seek to obtain?

A

Using appropriate open questioning (TEDS) to establish what happened and who was involved.

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69
Q

What to do if the victim shows no signs of life?

A

NEVER assume a person is dead
First aid should be commenced and an ambulance requested
They should not be moved unless for the purposes of first aid
Original position must be recorded

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70
Q

What are the steps you need to follow when you discover a body?

A
  • Render first aid, call an ambulance
  • Remain with the body until relieved
  • Arrange a doctor for life extinct (unless obvious)
  • Treat the victim as a scene (do not move them more than necessary)
  • Instruct medical staff to leave clothes on the body
  • All medical items used to be left in situ
  • Conduct scoping interviews with medical staff to establish their actions, apparent cause of death and injury types
  • Ascertain if the victim spoke to anyone before death and record what was said.
  • Record body position, lividity, obvious injuries and clothing
  • Objectively record everything observed using all senses, including sight, sound and smell. Include what is considered unimportant or non-evidential as after further investigation, such information may become relevant.
  • Record all exhibits
  • Sketch a plan, including the position of the body and position of exhibits
  • Provide full information to the OC investigation at an early stage
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71
Q

What increases the likelihood of recovering physical evidence at a scene?

A

Prompt, decisive action.

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72
Q

What influences actions with exhibits at a scene?

A

Some exhibits may be fragile and easily destroyed or contaminated therefore weather conditions, temperature, public activity, animals or time may influence your decisions about what initial action are required and their priorities

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73
Q

Initial action to preserve a scene - what steps should be followed for those who first arrive at a scene?

A
  • Identify
  • Secure
  • Preserve
  • Consider
  • Record
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74
Q

What action should be taken under “Identify” for initial action to preserve a scene?

A
  • Gather information and carry out an initial assessment
  • Consider warrantless powers for evidential material
  • Establish the crime scene ensuring to set wide parameters beyond where the body is found
  • Consider approach paths and establish a common approach path
  • Consider other ‘related’ crime scenes
  • Note and record observations of the scene, what is happening and who is there.
  • Establish a scene headquarters, and safe arrival / assembly points
  • Provide a SITREP/SFP to comms and obtain acknowledgement
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75
Q

Why do you need to set wide parameters of the scene?

A

To capture any exhibits, weapons, or items that the suspect may have discarded.

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76
Q

What action should be taken under “Secure” for initial action to preserve a scene?

A
  • Exercise powers to secure the scene pursuant to section 116 of the S&S Act (if necessary)
  • Remove all persons within the scene (avoid disturbance to scene)
  • Establish cordon using Police emergency tape
  • Arrange and brief scene guards with clearly defined duties.
  • Arrange crime scene logs
  • Prevent unauthorised persons from entering or leaving the scene
  • Prevent any further loss or damage to evidence caused by adverse weather or other factors (such as animals)
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77
Q

Who can be used as a scene guard?

A

Police employees or civilian security guards, as per local policy. If necessary, reliable members of the public may initially act as guards until further police arrive

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78
Q

What action should be taken under “Preserve” for initial action to preserve a scene?

A
  • Consider the best path into the scene
  • Record any movements/actions taken in the scene
  • Preserve what is there and leave it ‘in situ’. Ensure nothing is touched or moved. The scene must be kept in its original state
  • If no immediate life is at risk, consider using stepping plates
  • Be prepared to take immediate action to preserve and/or record evidence that may change if nothing is done (e.g. rain may damage a footprint or bloodstain)
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79
Q

What action should be taken under “Consider” for initial action to preserve a scene?

A

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

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80
Q

What action should be taken under “Record” for initial action to preserve a scene?
Record:

A
  • The integrity of the scene by establishing and maintaining a crime scene log of movements, names, times and reasons for entry and exit to the scene. A template crime scene log is included in the serious crime template
  • Observe and record full notes of precise details of the scene, particularly the location of the victim
  • Complete a sketch of the scene
  • Photograph the scene and consider using video recording
  • Identify anything which is moved, noting the original and eventual positions
  • Make an accurate record of these facts and report them to the OC investigation at an early stage
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81
Q

What does a crime scene log record?

A

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

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82
Q

After emergency services have performed initial procedures and scene has been cleared, who is allowed to enter the scene?

A

No person must be allowed to enter without specific prior authority from the OC investigation.

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83
Q

What is a scene guard employed to ensure?

A
  • 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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84
Q

How many crime scene logs are there?

A

To avoid confusion, only one crime scene log must be kept at each point of access to the scene.

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85
Q

What must each log identify?

A

It must identify the keeper of the record as well as the name and time when all persons entered or left the scene and their reasons for entry.

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86
Q

What is the benefit of using a crime scene log?

A

A benefit is that when utilised, pedestrian traffic in and out of a scene is dramatically reduced. This helps to protect the integrity of the scene.

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87
Q

What do duties of scene guards include?

A
  • Protect and Secure scene
  • Record details
  • Control and record movements
  • Brief/inform others / Replacement
  • Avoid disturbance
  • Respect security and Demonstrate courtesy
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88
Q

For scene guards, what is the process involved in securing the scene?

A

Deny any person access to the scene, unless they are expressly authorised to enter by the Officer In Charge of the investigation or the Crime Scene Co-ordinator Scene.

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89
Q

For scene guards, what is the process involved in recording details?

A

Maintain a crime scene log and note for every person authorised to enter the scene:
- Name and designation
- Authority to enter the scene
- Purpose of the visit
- Time of entry and time of exit

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90
Q

For scene guards, what is the process involved in controlling movements?

A

Ensure everyone entering the scene is directed to the Common Approach Path to be followed and is supervised during the visit.

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91
Q

For scene guards, what is the process involved in Recording movements?

A

Record all movement and vehicle details to, from and near the scene, in the crime scene log.

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92
Q

For scene guards, what is the process involved in Briefing others?

A

Promptly communicate any relevant information received to the OC Scene or Crime Scene Co-ordinator

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93
Q

For scene guards, what is the process involved in Avoiding disturbance?

A

Do not personally enter, contaminate or interfere with the scene. E.g. using toilet facilities, making coffee etc

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94
Q

For scene guards, what is the process involved in Protecting scene?

A

Be vigilant for activity such as the presence of any animals which may feed on body tissue etc.
Remain on duty until relieved by the oncoming scene guard

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95
Q

For scene guards, what is the process involved in briefing the replacement?

A

Brief the oncoming Scene Guard on all relevant matters and hand on the crime scene log

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96
Q

For scene guards, what is the process involved in respecting security?

A

Do not discuss events or the crime with witnesses, by standers, or members of the media.

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97
Q

For scene guards, what is the process involved in demonstrating courtesy?

A

Use tact and courtesy when dealing with civilian witnesses and crowds

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98
Q

For scene guards, what is the process involved in informing others?

A

Report any actions taken to the OC scene or crime scene co-ordinator as appropriate

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99
Q

What should happen with witnesses present at the scene?

A

Witnesses should be treated professionally, isolated from one another and instructed not to discuss the incident.

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100
Q

What should the initial questioning of a witness be directed towards?

A

Obtaining a brief account of what the person witnessed, bearing in mind they may be interviewed subsequently on a more substantial basis

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101
Q

As the minimum, what information should be obtained from a witness?

A
  • What happened
  • Where exactly the incident happened
  • When it happened
  • Who was involved
  • What the witness did
  • Where the witness went
  • What the witness touched
  • Who touched the witness
  • Who else was present
  • Descriptions of those preset
  • What did those other people present say / do
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102
Q

What should happen with witnesses at an appropriate stage?

A

They should be taken to a Police Station to be formally interviewed or an appointment should be made for the near future and a note made of their condition and any special interview requirements.

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103
Q

Before the witness is interviewed what must be done?

A

A plan must be prepared to preserve and recover all available physical evidence from the witness, such as fibres, body fluids, glass or other material.

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104
Q

The plan to preserve and recover evidence from a forensically important witness should consider these issues:

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 (e.g. fingernail scrapings, hair combing etc)
  • Seizure of clothing and footwear
  • Seizure of any items of property touched by the suspect
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105
Q

Where possible what else should the plan to preserve and recover evidence from a forensically important witness consider?

A
  • Avoid any potential cross contamination issues by arranging for witnesses who have been present at a crime scene, to use different vehicles and interview rooms to those used by other witnesses, the victim or suspect(s)
  • Photographing witnesses at the scene enables future identification of witnesses; for example to assist CCTV enquiries or for OC witnesses use at court hearings
  • Photograph any injuries suffered by witnesses.
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106
Q

The following steps will assist in obtaining key material from witnesses:

A
  • Obtain full details of all persons present at the scene
  • Assemble people in a clear area, ensuring a police officer remains with them
  • If possible, isolate witnesses from one another to reduce the likelihood of contamination and/or collusion. Explain this rationale to the witnesses
  • Identify witnesses and conduct a brief scoping interview, using open TEDS questioning. Include descriptions of other persons mentioned
  • Establish whether any persons have left the area.
  • If the witness has made telephone calls from the scene, establish the numbers such calls from the scene, establish the numbers such calls were made from and to, and who answered. This may verify accounts and times.
  • Record registration numbers of nearby vehicles to establish which drivers/ passengers may have been in the area.
  • Seize any CCTV relevant to the vicinity/routes to establish who may have been in the area at the relevant time.
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107
Q

What to remember about informants?

A

That a person who reports or is present at any event, may be a significant witness or the suspect.

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108
Q

If a homicide or serious crime is suspected, what is a priority?

A

The identification, apprehension and isolation of the suspect.

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109
Q

If suspects have been identified at the scene, what are the steps to follow?

A
  • Separate suspects from any other person
  • Consider the condition of the suspect, (drugs/alcohol/mental or physical impairment)
  • Ask them to remain at the scene and to co-operate with Police.
  • As soon as possible, remove the suspect from the scene by consent or with lawful justification
  • If the suspect refuses to co-operate, consider whether grounds exist to arrest them.
  • To prevent cross-contamination issues, consider using officers who have not entered the scene to manage the suspect, if available.
  • Give the appropriate caution to the suspect.
  • Consider searching the suspect and the suspects vehicle and belongings to prevent the disposal of evidence and for the searchers safety, pursuant to S&S.
  • Consider searching the vicinity of the suspect and the area or route they are thought to have taken, in order to recover discarded or secreted evidence
  • Note the suspects appearance and behaviour. E.G do they appear edgy, shocked or agitated? Are their clothes ripped and/or stained?
  • Record everything the suspect says and if appropriate, consider conducting a preliminary interview
  • Whenever possible, interviewing of suspects should be recorded on video
  • Brief the OC investigation on their arrival, highlighting any significant risks surrounding cross-contamination or movement within or near the scene
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110
Q

What should be done if members of the media are present at the scene?

A

Keep them away from the immediate crime scene cordon and make no comment about the incident.
Consult with the OC investigation on arrival and explain what has happened, identify media members and where they are located.

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111
Q

What will the OC investigation expect a briefing from the officer in initial charge of the incident, as to:

A
  • What has occurred?
  • What actions has been taken?
  • What has not been done?
  • What needs to be done?
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112
Q

What must ALL police who initially attend the scene do?

A

-Record all information relating to their attendance, including their observations, their actions and any alterations made to the scene.
- Before finishing their duty shift, they must also submit a report to their immediate supervisor, who will forward the reports to the OC File.
- If they entered the scene, a photograph, photocopy or print of their footwear must be provided and submitted with the other documentation.

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113
Q

What does the appointment of a Family Liaison Officer (FLO) provide?

A

A vital conduit between the family and the Police Investigation throughout the investigation phase, prosecution and beyond.

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114
Q

What does the role of the FLO involve?

A

The day-to-day management of the partnership between the family of the deceased and the police investigation.

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115
Q

What is the primary function of an FLO?

A

An investigator and not of 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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116
Q

Who does the FLO report to?

A

The OC investigation. However this can differ and must be determined.

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117
Q

Who must liaise closely with the FLO?

A

The OC investigation or their delegated deputy, to ensure families are treated professionally, with respect and according to the family needs.

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118
Q

What type of plan should be developed with the FLO and the OC investigation?

A

A family liaison plan should be developed whilst considering the needs of the family, lines of enquiry and all available intelligence.

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119
Q

What should the Family Liaison Plan 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 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 the OC investigations 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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120
Q

What is important to note RE the FLOs welfare?

A

That the FLO is continually exposed to the emotions and needs of the bereaved and working with a family can be demanding and stressful.
The OC is responsible for regularly monitoring and supporting the health and welfare of the FLO and should be particularly aware of the dangers of working under high stress.

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121
Q

What must be developed before the FLO is deployed?

A

An exit plan. This should be communicated to the family at the commencement of the deployment.
It will be determined and executed at the discretion of the OC investigation.

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122
Q

What must be done before the FLO is stood down?

A

They must ensure that victim support services are ongoing, where this has been taken up by the family.

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123
Q

What is the definition of “Family”?

A

Family
- 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 victims culture and lifestyle

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124
Q

The OC investigation must continuously review the appointment of an FLO and consider:

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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125
Q

The OC investigation must review the Family Liaison Plan regularly, this should consider:

A
  • The FLOs welfare and safety
  • Increased monitoring of the FLO’s work and interaction with the family
  • The level of information disclosure to the FLO/the family
  • The way any intelligence gained from FLO contact with the family is managed
  • The need for clear interactions with the family
  • The importance of fully documenting all contact and interactions with the family
  • The possibility of deploying a more experience FLO if appropriate
  • The deployment of a deputy FLO for corroboration issues in addition to supporting the principal FLO
  • Not using the FLO in any search or arrest of a family member
  • Investigative or evidential impact of deployment
  • Whether or not the FLO will reside with the family. This may be an option in cases of kidnap for ransom where Police negotiators are in contact with the suspect. Such a deployment must only be undertaken after a meticulous consideration of the safety of the FLO.
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126
Q

Should an FLO be used for the suspects family?

A

Where appropriate, the OC investigation should consider deploying an FLO to the family of the suspect.

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127
Q

Why could deploying an FLO to the family of a suspect be helpful?

A

They may be an important source of material that could assist the investigation, and may themselves by victims who deserve the assigned of Police to access support services.

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128
Q

What needs to happen before deploying an FLO to the family of a suspect?

A

Careful consideration must be made of such a deployment and the decision and reasons for it should be recorded by the OC Investigation, regardless of whether or not the offer of an FLO is accepted.

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129
Q

What should the FLO do on appointment?

A

They should identify the cultural origins of the victims family and ensure they are familiar with relevant cultural beliefs and protocols, to enhance relations with the family and to contribute to the victim profile.

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130
Q

In cases involving Maori victims, what should happen?

A

An iwi liaison officer should be involved from the earliest stage possible.

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131
Q

What will involving an Iwi Liaison Officer do?

A

It will enhance relations with the family throughout the investigation by providing an understanding and awareness of the Maori culture, protocol and beliefs.

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132
Q

What may interactions with Maori involve?

A

Participating in ceremonies, such as formal welcomes.

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133
Q

How must Maori be treated?

A

The traditions, beliefs and values of Maori should be respected wherever possible, within the confines of the integrity of the investigation.

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134
Q

By developing an awareness of the needs of the Maori culture what does the FLO contribute to?

A

Developing an awareness of the needs of the Maori culture and accommodating these wherever practical, the FLO will contribute to building a positive relationship between the investigation team, the family and the Maori community.

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135
Q

Who facilitates the victims access to victim support?

A

The FLO will coordinate the family’s access to victim support and other agencies. In all cases, the needs of the family must be recognised and considered in line with the necessity to support investigative functions.

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136
Q

Which victim support staff can be used?

A

Only victim Support staff who have undergone training specific to supporting the family members of homicide victims will be selected for this role.

137
Q

Once a trained victim support officer is selected, what should happen?

A

The trained volunteer nominated by the Victim Support Co-ordinator should met and be briefed about the case by the OC investigation and the FLO.

138
Q

What must be relayed directly to the OC investigation by the FLO?

A

The FLO is primarily an investigative role and any urgent information they discover must be conveyed quickly to the OC investigation, such as whether any family members are vulnerable or significant witnesses, or whether any family member should be considered a suspect

139
Q

Before meeting the family, what must the FLO do?

A

LIAISE with the OC Investigation regarding what information is to be shared with the family

FAMILIARISE themselves with the enquiry, the family (everything there is to know including family composition, cultural needs dynamics etc), With available intelligence which would impact them.

ESTABLISH what information has already been supplied to the family, what contact they have already had with Police and what information is available in the media

140
Q

As an investigator, what will an FLO be responsible for?

A

They will be responsible for profiling the victim, preparing the family tree and gathering all relevant information from the family - this may also include taking statements to identify the victim

141
Q

The FLO will need to make an assessment to determine the interview requirements of family members and friends of the victim. This will enable the investigation team to identify which individuals require interviewing and to assess in respect of each witness:

A
  • Special consideration is required
  • The availability of the witness
  • Any particular needs for assistance
  • The best approach when approaching and interviewing the witness.
142
Q

What must the FLO do for record keeping?

A

The FLO must keep a dedicated notebook to record all contact with the family, intermediaries and other parties connected to the family.
This notebook should be reviewed at regular intervals
It should also be recorded in a job sheet if appropriate.

143
Q

Why is record keeping essential to the role of FLO?

A

It allows the liaison to be managed effectively.

144
Q

What should contact with families be?

A

Honest, open, professionally, with respect and consideration as it MUST be remembered that the families are victims of the crime as well.

145
Q

In the early stages, the FLO must:

A
  • Provide immediate appropriate information to the family concerning the death of the victim and explain what happens next in respect of the body
  • Provide the NOK with the coronial booklet
  • Establish any immediate evidence, information or rumours, which they may be aware of
  • Act quickly and effectively informing the OC Investigation should a family or individual express concerns 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
  • 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 victims home is anticipated.
  • Use their knowledge of the criminal justice system and coroners processes to advise family members, as appropriate
  • Where appropriate (on direction of the OC) arrange for the crown solicitor to meet the family to explain decisions taken
146
Q

What must victims be allowed the opportunity to do?

A

They should be given the opportunity to make a written statement about the impact the crime has had on them, through a victim impact statement.

147
Q

When does a VIS need to be available?

A

For sentencing and should be no older than 28 days at the time of sentencing.

148
Q

Who can take a VIS?

A

Homicide trained victim support volunteers are trained to assist Police by taking Victim Impact Statements from surviving family members.

149
Q

What financial support is offered to families?

A

Through victim support, the Government provides financial assistance on behalf of the Crown Solicitor for victims of serious crime towards the costs of ddealing with the incident and attending court and other criminal justice processes.

150
Q

What is included in the financial support offered to families of serious crime?

A
  • A discretionary grant of up to $1500 for families of homicide victims
  • Free counselling for families of murder and manslaughter victims. Initially six hours are approved with the option to increase to 15 hours. Counselling up to a maximum of 30 hours may be approved if required.
151
Q

What financial assistance is offered through ACC?

A

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 death is confirmed as a result of murder or manslaughter and the maximum ACC grant has already been claimed.
A maximum permitted amount, including the maximum ACC funeral grant, may be claimed by families of homicide victims, or the actual cost of the funeral, whichever is the lesser amount.

152
Q

What should the family be notified of?

A
  • Programmes, remedies or services available through Police to the family as victims in their own right
  • Progress of the investigation
  • The family role as witnesses in the prosecution of the offence
153
Q

Where an offender is arrested, the FLO (in consult with the OC) must:

A
  • Inform the family of their rights to register on the victim notification register and provide them with the form to do so
  • Make all reasonable efforts to ascertain any views the family have on the accused being released on bail, and ensure these views are communicated to the court in a Grounds for Opposing Bail form or a covering report to prosecutions
154
Q

What must the victims family be informed of when the offender is arrested?

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. The victims families views about the application must be ascertained and provided to the court
  • Details of bail conditions the accused is subject to. (unless it would contravene an order under the bail act).
155
Q

Can the victims identifying particulars be given out?

A

Information that identifies or which may lead to the identification of the victims home address may only be given in evidence or information provided to a court with leave of a judicial officer

156
Q

What does “Identifying information” include?

A

A residential, postal or email address or telephone number.

157
Q

What is important information to note for viewing, identification and release of a body?

A

The family must nominate someone to identify the body.
Authority is to be obtained from the OC investigation
Extent of viewing may need to be restricted (pending forensic examinations)

158
Q

What is the role of an FLO in viewing, identification and release of a body?

A

The FLO
- Makes arrangements for the family to view the body.
- Should look at the body immediately prior to the family.
- Provide the family with as much information about the condition of the body
- Should spend time with the family at the viewings and afterwards.
- The FLO should liaise with the OC concerning the release of the body and inform the family of developments.
- They must inform the family where tissue samples are taken

159
Q

After processing, what is done with tissue samples taken?

A

They are retained at ESR and offer to dispose of them on behalf of the family.

160
Q

What is important to note in regards to identification procedures?

A

The FLO should not participate in any suspect identification proceedures.

161
Q

Once the family of the victim has been identified, what is the FLO tasked with?

A

Gathering information (lifestyle enquiries) about the victim and family members, to compile a victim profile.

162
Q

When would lifestyle enquiries be restricted?

A

For a family violence where the suspect was arrested at the scene, lifestyle enquiries may be restricted to establishing a history of violence.
An investigation yielding little more than a body and no significant witnesses or forensic evidence will require an in depth examination of all aspects of the victims life.

163
Q

What should the FLO complete after lifestyle enquiries have been completed?

A

A profile in respect of each family member, and if necessary, friends and associates that attend the family home, in addition to a full victim profile.

164
Q

When examining the lifestyle of a victim, what are the two categories of sources of information?

A

People and passive data.

165
Q

Who and what can be included in “People data”?

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

166
Q

What can be included in “Passive data”?

A

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

167
Q

What issues should be considered when returning property to family members?

A
  • What property does the family want to be returned?
  • How do they want the property returned, for example do they wish for the 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.
168
Q

The family should be prepared for possible media interest and the FLO should take steps to:

A
  • Prepare the victims family for the anticipated level of media interest and provide them with a copy of the “Media information letter to family of the deceased”
  • Establish the families 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 victims 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 victims family to release a photograph of the victim and where practical, respect their choice of photograph.
169
Q

What is important when deciding on a photograph to be released?

A

It is important for the Police to make an objective appreciation of which photograph is most appropriate as the choice of photograph may influence the publics response. It is good practice to obtain a recent photograph from the family and to secure their agreement for publication.

170
Q

What post conviction contact must the family be made aware of?

A

The family should be made aware of their rights under the part 3 of the Victims Rights Act
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.
The Police must ensure the victims family has the opportunity to be advised of the offenders release from Prison, by completing the Police form.

171
Q

What are the three key elements of a homicide?

A

The victim
The suspect and
The location.

172
Q

Why is the victim one of the three key elements of a homicide?

A

Understanding the victim, their lifestyle and routine may help to establish the reason for their death and the likely identity of the suspect.
The results of a well constructed forensic examination of the body will assist the OC investigation to understand who or what caused the death of the victim.

173
Q

What does “Forensic research” confirm?

A

That every contact leaves a trace. Whenever two items come into contact with each other there is a two-way transference; from one item to the other and vice versa.
This means that the body must be treated as a scene and afforded all appropriate efforts and resources.

174
Q

What are the responsibilities of the OC Body?

A
  • Ensure death has been certified by a doctor or qualified paramedic using a Deceased Person Certificate
  • Maintain security and continuity of the body, samples and exhibits, from the scene to the commencement of the post-mortem examination
175
Q

What must the OC body do? (at the scene) (13)

A
  • Ensure death has been certified
  • 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
  • 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
  • Obtain historical medial records of victim for information of pathologist
  • Attend the post mortem examination with the OC
  • 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?
176
Q

What must the OC investigation do in regards to a post mortem?

A
  • Notify the coroner early of the death
  • 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.
177
Q

Who else needs to attend the scene of a serious crime / homicide?

A

The OC investigation will determine whether the pathologist and / or the crown solicitor will attend the scene to view the body in situ, to gain an understanding and interpretation of the injuries.

178
Q

While briefing interested parties about the scene and the body, what are some things that they could be informed of? (8)

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, e.g. weather conditions, ambient/historical temperature, nearby heating appliances, pollen influences
  • Any other additional information received from experts
179
Q

The OC investigation (in consult with Crime Scene Coordinator) and the OC body must make an appreciation in respect of the removal of the body. What factors should be considered in the appreciation?

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 body removal
  • Chain of custody of the body from the scene to the mortuary
  • Safe custody of exhibits
  • Family and or cultural considerations
180
Q

What should the appreciation prior to body removal record?

A

The Standing Operating Procedures (SOP) for what and how items of protective clothing must be used in relation to the body.

181
Q

What should happen to protective clothing used at a scene (with a body)

A

Unless a specific reason exists to retain them, items of protective clothing used at a scene should be placed in a bag and destroyed.

182
Q

What happens with a SOP that has been established for body removal?

A

It should be recorded once and thereafter scene staff may refer to the SOP, rather than recording every use or change of protective clothing.

183
Q

What to do when the body has been disturbed?

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.
184
Q

Should samples be taken at the scene?

A

Specimens should not be taken from the body unless consultation has occurred between attending ESR staff, the pathologist, the OC investigation, Crime Scene Coordinator and Fingerprint Officer. This will be dictated by the OC Investigation.

185
Q

Taking samples from the scene is advisable where evidence would otherwise be lost or contaminated by moving the body, such as:

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 and other fragments
  • Firearm residue samples
186
Q

What are the steps when recording body details and removing the body from the scene?

A
  • Record the position of the body (by sketch plan and photographs). Consider video recording or other imaging techniques
  • Consider marking and recording the position of the body before moving it e.g. measuring the distance between two nearby features. Depending on the scene this is not always possible
  • Record all details of the body position
  • Consider what health risks may be presented by handling the body.
  • Cover hands, feet and head with paper bags
  • Ensure clothing on the body is not contaminated by contact with foreign objects
  • Wrap the body in a plastic sheet and place it in a body bag
  • Carefully search underneath where the body lay
  • Retrain, as exhibits, all sheets, bags or other materials used to transport the body
  • Obtain approval from the OC investigation to remove the body from the scene.
  • When directed, arrange an undertaker to remove the body to the mortuary.
187
Q

What details of the position of the body should be recorded?

A
  • Position of the limbs
  • Appearance of the body
  • Wounds and clothing
  • Direction of any trails of blood present on the body
  • Lividity, if present (coloration of skin due to gravitational movement of blood
  • Extent of any rigor mortis present
188
Q

When you are covering the hands, feet and head of the deceased with paper bags for removal of the body, what do you need to do?

A
  • Secure the paper bags 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 (marks on body)
  • If a paper bag is not appropriate (Body is wet), then a plastic bag may be used to protect potential forensic material.
  • Whilst being transported, any open wounds may she blood into the bag placed over the head and obscure details of blood splatter / direction – liaise with scene experts to determine and priorities appropriate actions to record and preserve this evidence.
189
Q

At the earliest opportunity, the OC investigation must make an appreciation in respect of the post mortem examination. These factors should be considered in the appreciation:

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
190
Q

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

A

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

191
Q

What must the OC Investigation do during a post-mortem?

A

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

192
Q

The pathologists findings will provide further information to drive the investigation, what may this include?

A
  • 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.
193
Q

Section 38 of the Coroners Act 2006 prescribes who may attend who may attend a post-mortem, who does this include?

A
  • The pathologist
  • The coroner
  • Any other pathologist assisting (if authorised by the Coroner)
  • A doctor who treated the deceased
  • A doctor, nurse or funeral director representing the deceased
  • 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)
    Police
  • Any other person authorised by the coroner
194
Q

What are the restrictions on those in attendance at a post-mortem?

A

Any doctor, nurse or funeral director attending are not permitted to assist with the post-mortem and must observe only.

195
Q

Who are the Police that should attend the 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.
196
Q

What must the OC investigation consider with people attending a Post Mortem?

A

The OC must consider if any other experts may be able to add value to the investigation by attending the post-mortem examination.
This should be discussed with the Crown Solicitor, Pathologist and Coroner.

197
Q

What must the legal representative for the suspect be informed of?

A

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 other representative) to attend on their behalf.

198
Q

Depending on the particular circumstances, the OC investigation may consult other experts regarding the conduct of the post-mortem, such as:

A
  • Odontologist
  • Biologist
  • Medical illustrator
  • Toxicologist
  • Ballistics expert
  • Crime Scene
  • Entomologist
  • Anthropologist
  • Disaster victim identification
199
Q

The OC Body must collect the police equipment required for the post-mortem examination and ensure this is readily available at the mortuary. This should include?

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 the Serious Crime Template
  • Copy of completed Pol 47
  • Deceased person certificate
  • Deceased person identification
  • Exhibit packaging supplies including envelopes, tape, exhibit labels and numerous paper exhibit sacks of various sizes
  • Protective clothing e.g. 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
  • Firearm residue kit, if relevant
200
Q

What may need to happen to items found at the scene?

A

Items which are relevant to the post-mortem examination may need to be taken to the mortuary or the pathologist for inspection.

201
Q

If taking an exhibit to the pathologist for inspection, what must the exhibit be?

A

It MUST be properly packaged to avoid contamination, but also be clearly visible.

202
Q

What must not be taken to the mortuary or to the pathologist prior to the post mortem and why?

A

Weapons must not be taken to the mortuary until after the post-mortem examination has been conducted. This is to avoid any potential contamination.

203
Q

Maori culture and homicide - things to keep in mind

A
  • An iwi liaison officer must be engaged as early as possible
  • It is important that all persons attending death scenes, handling dead bodies and tissue samples should be sensitive to cultural and religious expectations
  • The Police must ensure that Maori have culturally appropriate services that are maintained and administer when dealing with death scene attendances
  • Maori place significant importance on all events leading up to, during and after death. - The Tangihanga is of immense cultural importance.
  • Maori must be given the opportunity to bless the site of death before the body is moved.
  • The OC body should be aware of these traditions to build a positive relationship.
204
Q

Cultural and religious attitudes to post-mortem examinations - What must always be considered?

A

Some cultures and religions hold strong attitudes to post-mortem examinations

205
Q

On arrival at the mortuary, the OC body must:

A
  • Ensure mortuary staff do not wash the body
  • Ensure the body is labelled and secured in the secure mortuary fridge
  • Retain any key used to secure the body, until it is required for the post-mortem
  • Ensure the body remains in its present condition until the commencement of the post-mortem
  • Arrange formal identification of the body
206
Q

When should the identification of the body take place?

A

It will only take place at the direction of the OC investigation. If possible, this should occur before the post-mortem examination, however this may not be possible due to a risk of contamination or because the post-mortem will take place elsewhere.

207
Q

Mutilation or decomposition may render visual identification of a body impossible. Where the identity of victim cannot be established, consider the following methods of identification (in consultation with the coroner)?

A
  • Fingerprints
  • DNA Profiling ( take 3-4 weeks or 24 hrs for urgent)
  • Dental records
  • Eye examination records
  • Medical examination records, including scars, birth marks, implants or prosthetics, x-rays, surgical wounds, amputations and tattoos
  • Personal effects
  • Facial reconstruction
208
Q

What else can be done to assist in the identification of unknown victims?

A

Photographs of clothing, tattoos, marks and unusual scars.
Care must be taken not to contaminate evidence.

209
Q

When skeletal remains are found, a pathologist, with the assistance of a forensic anthropologist, can usually provide information, such as:

A
  • Whether the remains are actually bones
  • Whether the bones are human
  • The age, gender, height and race of the person
210
Q

What must the pathologist be supplied with?

A
  • Relevant information and material, e.g.:
  • Copy of the Notification of the Coroner
  • Medical examination kit
  • Toxicology kit
  • Medical records of the deceased
  • 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.
211
Q

What notes should be taken at the post-mortem?

A

The OC body must not make any notes of discussions concerning the post-mortem examination, unless specifically directed to by the OC investigation and / or the pathologist.

212
Q

When does stripping of the body take place?

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, generally after a visual examination and collection of evidence from the clothed body has been completed.

213
Q

What must you do before entering the post examination room or handling the body?

A

The OC Body and any other persons present must dress in protective clothing (foot coverings, latex gloves, overalls and a face mask). It may also be convenient to wear double gloves so the outer pair can be removed to reveal a fresh pair beneath.

214
Q

The OC body must follow steps to ensure that the body is stripped in the required manner. What are those steps?

A
  • The body must only be stripped in the presence of the pathologist
    Remove the body from the secure mortuary fridge and assist mortuary staff to take the body into the post-mortem examination room.
  • Remove the body from the body bag, causing minimal disturbance to the body.
  • Take possession of the body bag and any sheets or wrappings used to transport the body, as exhibits.
  • Direct the Police photographer to take additional photographs to ensure sufficient photographs are taken before the clothing is removed and again afterwards
  • Remove items of clothing from the body. Mortuary technicians may assist to remove clothing, but only under the supervision and direction of the OC body
  • Make an inventory of clothing and possessions, as each item is removed
  • Label each item of clothing and each possession
  • Seal each item in a seperate paper bag or container
  • Ensure exhibits do not cross-contaminate each other by coming into contact with one another
  • Maintain security and continuity of the body and exhibits taken from the body.
  • In cases involving obvious head trauma, consider placing a fine sieve in the mortuary table to collect trace evidence.
215
Q

What are two things to note when removing items of clothing?

A
  • Cutting clothing 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 and make an inventory of each of the pocket contents
216
Q

In addition to photographs taken at the scene, the OC body must ensure that the photographer takes sufficient photographs of:

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 to make a permanent record of the dimensions of the feature.
217
Q

In cases where it is appropriate what must the OC body consult the pathologist about during the post mortem?

A

The OC investigation will consult the pathologist regarding any other photographic records required; e.g. internal organs, radiological examination or computed tomography scans

218
Q

What are CT scans beneficial for?

A

They may be beneficial to trace the path of bullets and in cases such as blunt force head trauma injuries.

219
Q

What may CT scans facilitate for the Crown Solicitor?

A

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.

220
Q

What else must the OC body ensure is taken from the body?

A

Fingerprints and palmprints for the purpose of comparison to fingerprint evidence found at the scene. 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.

221
Q

The OC investigation or deputy appointed by them must ensure the pathologist conducts a thorough examination of the body and that the pathologist conducts the following procedures:

A
  • Records a description of the body, including g height, weight, build, eye colour and hair (density, colour and baldness)
  • Records the bodys external appearance (front and back) including; injuries, bruises, scars, scratches, discoloration and imperfections such as false teeth or a false leg.
  • Uses specialist kids for collecting evidence - samples where appropriate, for example, medical examination kit, toxicology kit, firearms discharge residue kit or post mortem kit.
222
Q

Should samples be taken at a post mortem?

A

This will depend on specific features of each case. The OC investigation will determine any specific pathological requirements but ultimately if the OC is under the default will be to have it taken

223
Q

What is the OC Body responsible for during the post mortem?

A

Recording, labelling, packaging, sealing and securing all physical exhibits relating to the body, including the samples taken during the post mortem. They must all be packaged and sealed before leaving the mortuary

224
Q

Any item found at the crime scene or during the post-mortem examination which is of mutual interest to the pathologist and the investigative team must be preserved and handled in accordance with standard exhibit protocols, what are examples of these articles?

A
  • Ballistic projectiles
  • Foreign items such as hairs, fibers, blood or semen on or in the body
  • Ligatures, any knot present on a ligature must not be cut or undone as the knot may be subject to a subsequent knot examination.
225
Q

Does the pathologist retain any exhibits?

A

They may retain some exhibits to submit to the laboratory for analysis.

226
Q

What does the OC body need to do if the pathologist retains exhibits?

A

The OC body must allocate these an exhibit number and record them in the scene exhibit schedule.
They should also request a copy of any record created by the mortuary of samples taken during the post mortem examination.

227
Q

What to note in terms of Post-mortem examination findings?

A
  • The pathologist will ultimately provide a full report of their findings
  • Attending staff will make notes only at the direction of the OC investigation or pathologist
228
Q

What is to occur when the OC investigation has a full debrief with the pathologist?

A

The OC body must be present. During this debrief the OC body will record the pathologists findings as well as the cause of death, but only at the direction of OC investigation.
An interim cause of death may be provided in some cases where further associated enquiries are needed to establish he final cause of death, such as suspected poisoning where the organs are sent to the lab for analysis.

229
Q

What happens if Cause of Death isn’t identified?

A

Further examinations may be necessary.
A peer review may be requested.
IF this is the case, advise the pathologist before it is disseminated.

230
Q

The OC body must hand all exhibits to the OC exhibits, in order to maintain an unbroken chain of exhibit continuity and security. They should also provide the OC exhibits with:

A
  • The post-mortem scene exhibit schedule
  • Copy of the OC bodys notebook entries
  • Formal statement
231
Q

The OC body must prepare the Sudden Death file and submit it as soon as possible, so that a coronial inquest can be opened. The file must include:

A
  • Statement relating to the victims formal identification
  • Copy of the Police report to the coroner or a form for Sudden Unexpected Death in infancy.
  • Copy of the Deceased person Cetrificate
  • Copy of Deceased Person Identification
232
Q

A second or subsequent post-mortem may be directed by the Coroner, if:

A
  • The pathologist is unable to determine cause of death in the initial post-mortem
  • A suspects 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
233
Q

When can the body be returned to the family after a post mortem?

A

It is the responsibility of the OC Investigation to confirm that the post mortem process is concluded and that the body is no longer required.
The coroner must be requested to make an order to release the body to the next of kin.
Once this order has been obtained, the family must be advised as soon as possible.
Police must advise that samples have been taken from and retained. They must also obtain the families views of the disposal of such samples.

234
Q

What are examples of samples taken at a post-mortem:

A

Blood
Stomach contents - toxicology and identify the last meal (TOD)
Head and pubic hair - used as a control for other hairs found
Urine - toxicology examination
Ocular fluid - alcohol or drugs a few hours before death
Bile - toxicology examination
Liver - similar to bile
Lungs - can identify accelerants used
Organs - studied for injuries
Naval cavities - cases killed or located outside

235
Q

What is the purpose of an area canvass?

A

A methodically conducted area canvass presents a high likelihood of identifying or contacting the offender, an associate of the offender, significant witnesses, identifying evidence or exhibits and establishing significant facts.
These witnesses can advise of movements of the offender before and after the offence occurred.

236
Q

What are the responsibilities of OC area canvass?

A

The OC area canvass reports to the OC investigation and together they must ensure the canvass is conducted thoroughly and recorded accurately. The OC area canvass must ensure the area canvass team remains focused and that the canvass results in efficient use of resources and the return of relevant and manageable information and material.

237
Q

What are the main objectives of an area canvass?

A
  • Identifying the offender
  • Identifying and locating evidence, such as vehicles, discarded clothing, weapons and other articles
  • Identifying witnesses
  • Gathering information
238
Q

What are other benefits of conducted an area canvass?

A
  • Sightings of the victim or offender before or after the event
  • Sightings of relevant property or vehicles
  • Sightings of potential witnesses
  • Creating the opportunity for an early arrest through early identification of the offender
  • Obtaining key information to drive the investigation or develop lines of enquiry
  • Promoting awareness of significant occurrences
  • Eliminating unidentified vehicles or persons reported by the witnesses
  • Obtaining an accurate record of the local community
239
Q

Should you do a subsequent area canvass?

A

Reviews should be conducted regularly and subsequent canvasses may be required as facts and circumstances change, and changes may be required to questionnaires used in the subsequent canvasses.

240
Q

What is a reconnaissance for an area canvass?

A

The OC investigation, OC area canvass and OC suspects should attend the external/general scene as soon as possible to make a reconnaissance of the area and conduct an appreciation and set the parameters and objectives of the canvass. This will provide a clear perspective of the area.

241
Q

In conjunction with the OC investigation, an area canvass strategy needs to be developed. What does this need to address?

A

Area canvass objectives
Location parameters
Time parameters
Risk assessment
Identifying suspects/person of interest
Identifying witnesses
Resources
Use of questionnaires.

242
Q

When will the canvass phase take place?

A

An initial area canvass will normally be conducted when Police first attend the incident, a formal area canvass will normally follow and re-visits are frequently required to capture persons who were not present during the earlier canvass enquiries.
It should take place at the same time of day that the offence occurred - to catch people that would be in the area at that time.

243
Q

Relevant locations which may influence the setting of location parameters include:

A
  • Scenes
  • Premises within the line of sight of scenes
  • Access and egress routes to and from scenes
  • Areas where an offender may have lain in wait
  • Location where the victim was last seen alive
  • Location of premises frequented by the victim
  • Locations of similar or previous incidents identified by intelligence as having occurred in the same locality as the offence under investigation.
244
Q

Once the location parameters are set, intelligence systems should be analysed to establish whether there are any people or events in the area which those carrying out the enquiries should be made aware of. This may include:

A
  • Violent offenders
  • Persons wanted by Police for other crimes or wanted on warrant
  • Groups with particular linguistic or cultural needs
  • Local incidents or issues which residents may raise with Police.
245
Q

Time parameters are used by area canvass staff to verify the presence of individuals at an address or area, and to interview potential witnesses. Time parameters should be set for:

A
  • The offence (times between which the offence is thought to have occurred
  • The scene (times when people visited the scene)
  • Times at which the victim, other witnesses or offender was seen at a particular location
  • Previous residents and visitors at the scene
  • Consideration of peoples varying work times
246
Q

People residing or working in the area may have relevant information. These witnesses may be peripheral or significant to the investigation and may include people who have witnessed:

A
  • Events connected to an incident under investigation
  • Sightings of the victim or offender before or after the event
  • Sightings of other potential witnesses
  • Sightings of relevant property or vehicles
247
Q

Once a suspect has been identified, what must be done (area canvass)?

A

The OC investigation must develop a strategy to identify all persons living or working at that location and obtain accounts of their movements at the relevant times.

248
Q

When might a covert area canvass be utilised?

A

In circumstances where police seek to identify persons who may avoid a particular area if they were aware of Police presence.

249
Q

What does it mean to set subject parameters?

A

Investigators may use canvass enquiries to identify people with particular characteristics who are relevant to the enquiry but who are not thought to be the offender. This is most likely to occur when they are seeking to establish the identity of unnamed people who have been sighted by other witnesses.

250
Q

What resources and tools can be used by the area canvass?

A

Street maps, aerial photographs showing houses and the location of sections, geological information, local council records and other applicable references.
Open source internet applications, Police Intelligence systems and public libraries to obtain resources.

251
Q

What questions should be asked during an area canvass?

A

To ensure all relevant information is gathered consistently, investigators should use a prescribed questionnaire to incorporate the circumstances of the particular offence.
The OC investigation is responsible for authorising a questionnaire before it can be used and for deciding the format of documentation.
Sometimes, a more specific questionnaire may be required.

252
Q

What are key points for team briefings (area canvass phase)

A
  • Summarise the situation and detail the duties and areas of responsibility of each canvass team member
  • Emphasise the need for thoroughness and that every person in every household and visitors must be seen personally
  • Stress that the questionnaire is only a guide to ensure that questions are asked, but should be regarded as flexible in that information supplied could lead to other questions
  • Advise that evidence of possible probative value must be obtained in a formal written statement rather than notebook form
  • Consider visiting the canvass area to record every address including flats and vacant sections and then reconcile these premises with the map
  • Ensure all forms are completed and actioned as outline
  • Reconcile completed locations with the master copy to avoid duplication
253
Q

What to advise staff on during team briefings (area canvass phase)?

A
  • What action to take if they believe they have identified the suspect
  • What action to take if they locate items of evidential value
  • What action to take if individuals refuse to assist
  • How to complete the correspondence flow
  • What information can be disclosed during the area canvass
  • What information must not be disclosed.
254
Q

What must the OC area canvass ensure throughout the area canvass phase?

A

That staff morale remains high which can be achieved through providing regular feedback on the ways that these enquiries are contributing to the progress of the investigation, together with updates on the progress being made with other phases of the enquiry.

255
Q

How to monitor progress of an area canvass?

A

As each household is completed, the OC area canvass should shade in a map to maintain a quick up to date record of the areas canvassed. A similar map, should be retained at the Operation headquarters.

256
Q

In addition to the map, the OC Area canvass should continually review completed canvass forms as they are submitted, in order to:

A
  • Evaluate the quality of work and provide quality assurance
  • Identify lines of enquiry to be highlighted to the 2IC
  • Monitor ongoing progress of the canvass
  • Facilitate the detailed recording of progress
257
Q

A detailed master record of ongoing progress (Area canvass) should be continually maintained and updated by the OC area canvass, showing:

A
  • Which addresses have been visited
  • Which occupants interviewed
  • The documentation completed
  • And any relevant comments made
258
Q

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

A
  • Use of experts
  • Use of an aide memoir and script
  • Leaflets
  • Other options
259
Q

Why should “Use of experts” be considered for an area canvass?

A

Consideration should be given to the use of experts in areas with diverse ethnic culture which may help alleviate the misinterpretation of responses and behaviour.

260
Q

Why should “Use of aide memoir” be considered for an area canvass?

A

This would ensure the staff have ready access to all of the relevant information they need to conduct interviews.
Relevant information may include local or national news items, TV schedules or significant events to job witnesses memories.
Any photographs used should be of high quality
The aide memoir should be updated regularly.

261
Q

Why should “Leaflets” be considered for an area canvass?

A

In some cases, people may be reluctant to provide officers with information that could be useful. It is good practice to leave a leaflet that gives details of the investigation and contact phone numbers.

262
Q

What are the other options for an area canvass?

A
  • Media
  • Poster campaign
  • Mail drop
  • High profile police presence (caravan)
    Or a combination of the above.
263
Q

At the conclusion of the area canvass a though debrief must be carried out. This may include confirming such aspects as:

A
  • Key locations where door to door enquiries have been undertaken
  • Parameters of initial police activity
  • What questions were asked and any perceived issues from the respondents
  • What records have been completed
  • Who has been spoken to at what address
  • Whether personal descriptions been taken of persons seen
  • Whether NIA checks have been completed in respect of persons seen
  • Relevant information provided by persons seen
  • Any intelligence obtained
  • Whether persons have a credible alibi
  • Whether witness interviews have been conducted and/or statements taken for persons providing evidence
  • Details/locations of vehicles owned by persons interviewed
  • Details of other persons who live or were present at the premises
  • Identity of any suspects
  • Details of premises where there was no response
  • Confirmation that all notebooks of staff members involved in the area canvass are accounted for
  • Whether any issues arose that could improve future performance in canvass enquiries
264
Q

What does the OC area canvass have to do at the conclusion of the area canvass phase?

A

They must submit a report to the OC investigation outlining the circumstances of this particular aspect of the investigation.

265
Q

What should the concluding report for the area canvass phase 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

266
Q

What are the two parts to the area canvass forms?

A

Part A and Part B

267
Q

Area canvass staff should complete the Part A form when they first visit an address. One copy of the form is needed for:

A

Each dwelling
Each flat or apartment in the case of multiple dwellings on a single property
A vacant dwelling or empty section

268
Q

The part A area canvass form records the:

A

Street name
House number
Flat number
Personal details of all residents
Personal details of all other people who were visiting the address at the time of the offence
Vehicles used by all residents and visitors to the address

269
Q

What is the Part B form used for the area canvass?

A

The Part B form is the questionnaire used in the investigation. The OC investigation and the OC area canvass decide on the wording in the questionnaire, depending on what they wish to establish.

270
Q

What does the Part B area canvass form record?

A

Personal details
Home details
Work details
Answers to specific questions

271
Q

The OC area canvass retains completed Part A and Part B forms so they can:

A
  • Check them for information relevant to the enquiry
  • Match up the part B forms with the relevant Part A forms for that address
  • Tick off the Part A entries to show who has been interviewed
272
Q

What if someone was at the address at the time of the offence but no longer there when the area canvass is conducted?

A

Staff must obtain as much information that will assist police to locate and interview that person, and record this on the Part A form.

273
Q

When a person spoken to in the area canvass has relevant information to offer, the investigating member must:

A
  • Arrange for them to provide a Formal Written Statement
  • Record on their part B form that they have made a Formal Written Statement and add a description of the person interviewed
  • Ensure the witness information is conveyed to the OC area canvass and 2IC investigation as soon as practicable.
  • Give the Part B form the the OC area canvass.
274
Q

When all enquiries in respect of a particular address have been completed, the OC Area canvass will:

A
  • File Part A and Part B forms together, in numerical and street sequence
  • Send the duplicate Part B form tot he File Manager for filing alphabetically
  • Shade in the area on the area canvass map.
275
Q

Having identified relevant communities, the OC investigation should consider directing resources toward identifying witnesses within these settings. These methods may be utilised:

A

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

276
Q

Depending on available resources, initial enquiries might be confined to certain areas, such as within line of sight and earshot of these locations:

A

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

277
Q

Consideration may also be given to (Locating other witnesses):

A
  • Initiating a witness search along the possible access and escape routes from each scene
  • Making enquiries at significant geographical locations proximate to the scene
278
Q

What must be considered before interviewing a witness and why?

A

Before a witness is interviewed, a plan must be prepared to preserve and recover all available physical evidence from the witness including DNA, fingerprints, clothes, footwear, fibres, body fluids, glass or other material.
This is because some witnesses may have been so proximate to events that it is likely evidence was transferred to the witness, from the victim, suspect or from the scene itself.

279
Q

What should you do if a witness has a recording of an incident?

A

Where a witness has made a recording of an incident efforts should be made to obtain informed consent from the witness to hand the device to police so the recording can be downloaded.

280
Q

What should you do if a recording device is not available or if a witness refuses?

A

The witness should be advised to retain the recording and arrangements should be made for a suitably qualified technician to visit the witness to download the material at the earliest opportunity
And if consent is refused, consideration should be given to whether a warrantless search can be conducted or there are grounds for a search warrant

281
Q

On some occasions it may be necessary to conduct a prompt, preliminary interview with a witness who possess information or material that is likely to rapidly progress the investigation, ie. information that may 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
282
Q

During preliminary witness interviews, care must be taken not to contaminate the witnesses recall of the events, as they will be formally interviewed at a later stage. The preliminary interview should be:

A
  • Conducted in accordance with the Police Manual chapter ‘Investigative Interviewing Witness Guide’
  • Limited to using appropriate open TEDS questions to establish sufficient information to immediately progress the enquiry
  • Framed to elicit a brief account of the events witnessed, including where and when the event is alleged to have taken place and who was involved or present
283
Q

Before any formal interview is conducted, the investigator must make an assessment of the witness. The assessment should consider how the witness interview should be conducted, and enable the investigation team to identify:

A
  • Whether due to the personal characteristics of the witness or the circumstances of the offending, the witness requires special consideration
  • Availability of the witness
  • Any needs the witness has for special assistance
  • The optimum approach to be taken with the witness
284
Q

The selection of an appropriate interviewer is an important first step in the development of a witness. These issues should be considered:

A
  • The level of training of the interviewer
  • The experience the officer has in interviewing witnesses in major investigations and any additional skills the interviewer has which may be advantageous in the circumstances
  • The suitability of the officer to undertake the interview.
285
Q

What does a witness interview plan normally cover?

A
  • The time and location of the interview
  • The amount of information to be disclosed to the interviewer
  • Setting interview objectives
  • Supporting the interview, for example, employing an interview monitor
  • The structure of the interview e.g. whether the interview will be recorded on video, audio, or written
286
Q

What must a risk assessment be conducted to establish in regards to witness interviews?

A

It must be done to establish the extent to which a witness might be at risk of intimidation and/or physical harm.
Intelligence personnel may be tasked to contribute to the assessment and consultation should take place between the OC investigation and the Crown Solicitor if the witness is subject to intimidation.

287
Q

Once the interview has been completed and then reviewed by the OC phase, the following issues can be assessed:

A
  • Debriefing the interviewers
  • Identifying any need for supplementary interviews
  • The assessment of any risk to the witness and identification of any associated steps required to ensure their ongoing support and safety
288
Q

Through victim support, the government provides financial assistance on behalf of the Crown Solicitor for victims of serious crime towards the costs of dealing with the incident and attending Court and other criminal justice processes, this includes:

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 have approved if required.
289
Q

What support can ACC provide to victims?

A

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 a result of murder or manslaughter and the maximum ACC funeral grant has already been claimed.

290
Q

What should you do if witnesses decline to be interviewed?

A

Investigators should promptly bring to the attention of the OC investigation, the details of any witness that has been spoken to but who has declined to be interviewed. The investigator should outline the details of any information the witness has provided and copies of any notes made. A record must be made of all the information provided by the witness, as this may be crucial if the witness is later called as a witness for the defence.

291
Q

What if a witness is assessed as being in need of protection from threats and / or actual violence ?

A

The OC investigation must carefully and quickly consider the options
Protection may be afforded to the affected parties and in some cases, the circumstances should be dealt with in accordance with the National Witness Protection programme guidelines.
The witness may also be entitled to anonymity which can be obtained by way of application or an order from the judge.

292
Q

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

A
  • Make enquiries to determine the veracity of the alibi
  • Conduct inquiries as directed by the OC 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
293
Q

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

A
  • 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 elements of the offence(s)
  • Mitigating and dealing with possible defences that may be raised, where appropriate
  • Providing a basis for further investigation
294
Q

Management of suspects falls into three categories and where appropriate, the OC investigation will prepare a strategy dealing with each:

A

Identification and profiling
Arrest/termination
Interviewing

295
Q

The first duty of the OC suspects is to brief their suspects team members. To enable them to do this, the OC suspects should analyse the information available such as witness statements, police reports and information from the scene. Their initial briefing should encompass:

A
  • The circumstances of the offence including an analysis of the scene and witness evidence available
  • The full details of all persons of interest and any suspect, where the identity of suspects are known
  • Details of any descriptions of the suspect provided by witnesses
  • Whether any particular modus operandi/crime signatures have been identified.
296
Q

Identify possible suspects whose status will be determined by the OC investigation. Possible suspects may be indicated from or by:

A

Area canvass
Intelligence analysis
Police noting linking suspect to relevant area
Fignerprints
DNA samples
Witness evidence
Police FV teams
CHIS
Response to publicity and media reports
Other Police employees or groups
Enquiries with external government agencies
Enquiries made with non-government agencies or at particular venues

297
Q

After analysing all witness interviews/statements, a schedule of descriptions of the suspect can be prepared and where appropriate distributed, for example by circulating copies:

A
  • To members of the search, area canvass and investigation teams
  • To the media
298
Q

What can you do with someone that saw the suspect?

A

The OC Suspects should consider, in consultation with the OC witnesses, whether the witness who saw a suspect should complete a FACES sketch which is used to compile a likeness of an offender from the description and it should be completed early, while the details are fresh in the witness’ mind.

299
Q

Any photographs of clothing or duplicates of property used by the suspect may be utilised in any combination of these ways:

A

For release to the media
To be used by investigators during an area canvass
In conduct of suspect enquiries

300
Q

Where the place of residence of a suspect who has yet to be identified is known, consider:

A
  • NIA enquiries
  • Enquiries with the local council to identify the property owner
  • Conducting a reconnaissance of the area
  • Monitoring the address through surveillance
  • Taking photographs of any person and vehicles as they enter or leave the premises
  • Monitoring the use of the suspects telephone via a production order (interception)
  • Enquiries with the local authority and utility providers to identify who lives at the address
301
Q

How is a TIE category created?

A

By selecting a common characteristic shared by a group of people, which may include the offender. These characteristics will depend on the circumstances of the crime but examples may include persons related or associated with the victim. This could help identify the offender.

302
Q

How does the suspect team use TIE categories?

A

They must conduct elimination enquiries by tracing and interviewing persons who populate these TIE categories and, where possible, eliminating them against a set of elimination criteria determined by the OC.

303
Q

Research should aim to collect all available information and attempt to establish or find (in relation to the suspect):

A
  • The names and aliases used by the suspect
  • The suspects previous criminal history, convictions and modus operandi
  • Places of residence, work and any other premises the suspect has access to
  • Details of vehicles owned, used or that the suspect has access to and their pattern of movements
  • Details of all landline and cellular telephones used by the suspect
  • A full description of the suspect
  • A recent photograph of the suspect
  • Medical records
  • License details held for firearms
  • Whether the suspect has any access to firearms
  • Details of accounts held or used by the suspect
  • Offender reports from previous occasions
    Intelligence noting forms of previous sightings by Police
  • Employment details and attendance record
  • The suspects lifestyle, associates and places frequented
  • Movement of the suspect
  • Marital status and details of any spouse or family members
  • Names and details of known associates
  • Any intelligence suggesting that the suspect may have committed other offences
    Intelligence that will enhance rapport building and the interview process
304
Q

Take a broad view of the potential sources where information about a suspect may be acquired from. These should include passive data generators which are automated systems that gather and collate information for various purposes. These may include:

A
  • Financial information/bank records
  • CCTV and other images
  • Personal computer information
  • Telecommunications information
  • Voice-recording systems
  • Customer information, including subscriber information
  • Access/door security systems
  • Tachographs
  • Vehicle GPS
  • Toll records
  • Cellular telephones
  • Internet websites including social network sites
305
Q

Before any arrest/termination, the OC suspects must consult the OC investigation regarding an arrest strategy, to ensure:

A
  • An investigator is appointed to be responsible for each suspect. Where practicable, these appointments will be made at an earlier stage so those appointed can adequately prepare for the interview
  • The decision to prosecute, choice of charges and prosecution processes are conducted in accordance with the Solicitor-Generals Prosecution Guidelines
  • Clarity on the position to be taken by Police on the question of bail
  • Authority to engage the Crown Solicitor is obtained from the Police Prosecutions service
  • The family of the deceased are updated via the Family Liaison Officer
  • Prompt preparation of the prosecution file
  • Compliance by the Disclosure Manager, or File Manager where one is not appointed, with the requirements pursuant to the Criminal Disclosure Act 2008, and that the agreed processes are actively monitored
306
Q

Prior to interviewing a suspect, the OC suspects should:

A
  • Liaise with the OC investigation regarding selection of the interviewer, including whether Lvl 2 or Lvl 3 trained interviewer should be used
  • Consult with the OC investigation regarding the most appropriate mode of recording the interview, usually on video.
  • Establish, in consultation with the OC investigation, the status of the person as a witness, PO or suspect. This will determine whether the interview is to be conducted under caution and the interviewee advised of their rights
  • Consider whether the person requires special consideration, e.g. due to linguistic, cultural or religious factors, or medical condition, impairment or disability
  • Consult with other interviewing experts or legal advisor
  • Ensure the interview is fully briefed
  • Ensure the interviewer is family with the procedures outlined in the investigative interviewing suspect guide
  • Discuss with the interviewer the elements that need to be established, the suspects background, and possible alibis and motives.
  • Ensure that the interviewer has prepared a detailed interview plan
307
Q

During any interview of a suspect, the OC Suspects must ensure that:

A
  • The interview is conducted in accordance with the Investigative interviewing suspect guide
  • The interview is monitored by a supervisor or experienced Detective to ensure that all key points and areas are covered
  • Ensure an explanation is sought from the suspect in relation to any exhibits found
308
Q

After an arrest is made, the OC suspects should:

A
  • Ensure suspects are isolated from each other, where there is more than one suspect
  • Ensure that each suspect arrested is advised of their rights in accordance with the Bill of Rights Act 1990
  • In the case of a juvenile suspect, consider and address Police obligations under the CYFS act
  • Consider executing a search for evidence of the suspects person, vehicle, home and workplace.
309
Q

On executing a search warrant:

A
  • Strategy - Establish search strategy
  • Legal authority - Ensure it exists
  • SOCO and photographers - Ensure they attend
  • Search Property and Vehicle
  • OC exhibits - Ensure attendance
  • Suspect - Must be present at the scene
  • Photograph - All exhibits in situ before removal
  • Fingerprints - Consider taking before removal
  • Seizing exhibits - must be done under legal authority
  • Explanation - from the suspect about the exhibits
  • Receipt - Issue a receipt for any exhibits seized
  • Sealed - Exhibits must be sealed before removal
  • Label, examine and record all exhibits
310
Q

How to avoid cross-contamination ?

A

Where more than one suspect is involved, an appreciation must be made regarding which staff are assigned to seize clothing from suspects.
- Seperate officers should be assigned to each suspect
- Suspects should be kept apart during travel in vehicles and when in cells
- All clothing should be packaged, labelled and sealed in accordance with standard procedures before transfer to OC exhibits

311
Q

The OC suspects will arrange, in consultation with the OC investigation, for a Police Doctor to examine the suspect. The doctor must:

A
  • Note any injuries, such as scratches or bruises
  • Take samples identified as necessary by the OC investigation using a Specialist Medical Examination Kit
  • Swab the suspects hands for firearms residue using a Specialist Firearms Detection kit
  • Provide a professional opinion regarding the condition of the suspect
312
Q

What samples should be taken from a suspect during a medical examination?

A

Blood
Saliva
Head hair
Pubic and body hair
Fingernail scrapings
Swabs of the suspects hands or other relevant areas

313
Q

Can a medical examination be taken by force?

A

Where a suspect refuses to allow a search to be conducted under section 88 S&S (evidential material) then reasonable force may be used to conduct the search.

314
Q

To confirm the identity of the suspect:

A
  • Take fingerprints, footprints, palm prints, and blood for DNA analysis
  • Arrange photographs of the suspect
  • Obtain samples of the suspects handwriting
  • Record a physical description of the suspect
  • Record details for the offender report
315
Q

Where a court order is made to remand the suspect for psychiatric assessment, the court must receive evidence and a report must be sent to the court registrar or to the superintendent of psychiatric hospital or penal institution describing:

A
  • The circumstances of the arrest
  • A summary of the offence with which the suspect is charged
  • The suspects previous criminal history
  • The suspects previous mental history
  • The symptoms and duration of the suspects current mental illness
316
Q

In investigating any alibi offered, the OC suspects must:

A
  • Make enquiries of people other than the person whose particulars have been supplied to confirm or rebut evidence
  • Complete enquiries to establish where the suspect was at the time of the offence, who they were with and what they were doing
  • Wherever possible, corroboration of the alibi provided by the suspect should be sought from forensic or other sources that are independent of the suspect
317
Q

In homicide and other serious crime investigations, the person appointed to the role of OC Exhibits should be suitably qualified in terms of training and relevant experience. In a homicide investigation, it is recommended that the OC Exhibits is a qualified Detective, preferably with previous experience in:

A
  • Mass exhibit handling
  • Forensic principles
  • Methods of exhibit recovery
  • Approved procedures for packaging and security of evidence
  • Managing contamination and cross-contamination issues
  • Use of standardised documentation as contained in IMT
318
Q

What is the OC exhibits responsible for?

A

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

319
Q

In smaller investigations, the OC exhibits may also conduct an appreciation and facilitate a thorough interrogation of every exhibit, to establish the:

A
  • Evidential value of each exhibit
  • Investigative opportunities presented by each exhibit
  • Further enquiries that are needed
320
Q

The OC exhibits must, where appropriate, update the OC investigation and 2IC with relevant information relating to:

A
  • What exhibits have been found, and their movements
  • The results of any exhibit examinations
  • Whether any further enquiries are required
321
Q

In the first instance the OC exhibits should only accept an exhibit if:

A
  • The exhibit label contains the exhibit number and the name of the operation, Other details such as a description of the item, the details of the person finding it, the time, date and location are recorded in IMT and PROP
  • The property is correctly packaged and sealed, and the exhibit label is visible and secured on the outside of the package
  • Any prompt action necessary to preserve the exhibit has been taken e.g. drying wet or bloodstained clothing in an appropriate drying facility.
322
Q

Where should exhibits be taken?

A

Whether sealed or not, no exhibits should be taken into the Investigation Headquarters. A secure room should be available for exclusive use by the OC Exhibits. This should include secure facilities for the storage of biological evidence and ideally a nearby officer from which the OC exhibits can work.

323
Q

Where are decisions made for forensic examinations of exhibits?

A

All decisions relating to selection of particular types of forensic examination and prioritisation of those examinations in a homicide or other serious crime investigation will be made at a Forensic Strategy meeting

324
Q

What must the OC exhibits ensure?

A

That all exhibits are fully examined in accordance with Forensic Strategy meeting decisions.

325
Q

What does developing a Forensic Strategy allow?

A

It allows the OC exhibits to priorities tasks in line with he direction of the investigation.

326
Q

What is the purpose of Forensic Strategy Meetings ?

A

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

327
Q

What are the topics 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 crime under investigation
328
Q

When forwarding an exhibit for examination, what steps do you need to follow?

A
  • Ensure exhibit examination decisions are confirmed through the Forensic Strategy Meeting process
  • Record in IMT or PROP all decisions taken about the types of examinations to be conducted and the priority allocated to each examination
  • Ensure the OC investigation has authorised the proposed examination
  • Prepare the necessary papers for the ESR or other expert
  • Ensure any exhibits identified for forensic examination are prepared before being delivered
  • Deliver exhibits for scientific examination promptly to avoid deterioration and loss of evidence.
  • Inform the expert undertaking a scientific examination if it is no longer required.
329
Q

What do you need to do to “prepare” an exhibit for delivery for forensic examination?

A
  • All items are separately wrapped
  • All parcels are sealed
  • All items or their packages are labelled and numbered
  • A list of all items is attached
  • The Police form is consistent with the labels on the items
  • Items are in an appropriate condition e.g. clothing is dry and blood samples are refrigerated
330
Q

The OC Exhibits must ensure the Police Form contains sufficient information when transferring exhibits, this includes:

A

Brief circumstances of the case
Purpose of the examination
Location where each item originates from
Whether any exhibits are amp or require special attention
Authorisation by the appropriate supervisor

331
Q

What must the OC Exhibits do with results from Forensic Examinations of exhibits?

A

Must upload the Exhibits Register and should bring such information to the attention of the OC investigation and not assume that they are aware of it by any other means.

332
Q

Are defence counsel entitled to view exhibits?

A

Yes and the OC exhibits must facilitate the inspection of exhibits.

333
Q

What must be done before trial in regards to exhibits?

A

The OC investigation (in conjunction with OC Exhibits) must decide which exhibits are considered relevant, determine the significance of any forensic examination and establish the most appropriate manner in which exhibits and examination results are to be presented at trial

The OC exhibits is responsible for arranging the transportation of exhibits to and from Court, for their security at the venue and for their production, as directed by the prosecutor

334
Q

The OC exhibits is responsible for preparing the exhibits for production at Court. This must be conducted in a manner which:

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
335
Q

What does chain of custody include?

A

It 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.

336
Q

While an exhibit was under their control, each person with custody of the exhibit must be able to demonstrate the following in IMT or PROP

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.
337
Q

What is cross contamination?

A

When trace evidence (hair fibres, paint and blood) is transferred from one item to another. Trace evidence that attached itself to a significant exhibit during the commission of the crime, becomes significant evidence when it is found. However, if the evidence could have transferred to the exhibit via a third party during the course of the investigation, this represents potential cross contamination

338
Q

The exhibit numbering system should be simple, efficient and provide the following key attributes:

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
339
Q

What is the process of OC Exhibits?

A
  • Conduct all duties as OC exhibits, in accordance with the purpose of an OC exhibits
  • Access IMT for labels, spreadsheet, guides and schedules
  • Establish the Standard Operating Procedures set by the OC Investigation
  • Establish a system of 5 digit exhibit number rangers to cater for all scenes and cover all exhibits
  • Brief each officer in charge of an investigation phase on scene and provide them with the standards as above
  • Establish a secure area for exhibit storage and if possible, an appropriate exhibit processing area
  • Take charge of any exhibits from various phases of the investigation
  • Check IMT or PROP from officers in charge of phases of the investigation so the exhibits can be audited
  • Commence an IMT register for the investigation
  • Update the OC investigation
  • Attend all investigation team conferences
  • Arrange Forensic Strategy meetings in consultation with the OC investigation
  • Complete ‘examination strategy documents’
  • Update the exhibits register with all Forensic Strategy decisions
  • Prepare documents necessary to accompany exhibits to ESR
  • Transport exhibits for examination personally
  • Record chain of custody in IMT or PROP
    Where an exhibit examination is no longer required, promptly inform the expert who is conducting the examination