Serious crime investigation Flashcards
What are two teams in a serious crime investigation
Investigation and support
Two key tasks of any investigation are
Gathering and preserving evidence
And
Documentation
What is the purpose of holding team conferences when investigating a major crime
Keep all team members up to date with the Enquiry
Give team members an opportunity exchange views and pass on important information
Give the 2ic the opportunity to pass on instructions to staff on file management and other admin matters
Give the officer in charge the chance to brief the team on important investigative topics, priorities and which lines of inquiry to follow
What are the different types of confrences
Initial
Regular
Debriefing
Phase team
What are other incidents that homicides could be reported as
Missing person Unexplained sudden death of infant unexplained death Suicide Fatal fire Crime scene where no body is found drug related death abduction Hit and run vehicle collision Violence where no fatality is anticipated
Describe who should be appointed OC Body at a serious crime
An experienced investigator with forensic awareness, where this is not available they may require monitoring or additional support
Responsibilities of OC body
- Maintain security and continuity of the body, samples and exhibits from scene to the start of the PM
- Record all actions undertaken with body and by whom
- Secure and guard the body, samples and exhibits associated to the body with dignity and respect.
- Ensure all cultural responsibilities are addressed
- Note and record all observations of the body
- Photograph the body in situ and consider other imaging techniques
- Details of all medical staff and others who tended to the body
- establish whether body has been moved or disturbed
- Ensure deceased person certificate is signed
- On authority from OCI make arrangements for undertaker to transport the body to mortuary
- Complete sudden death procedures
- Obtain all historic medical records for the pathologist
- On authority from OCI arrange for formal ID
- Attend the PM with OCI or deputy appointed by OCI
- attend briefing with pathologist and contribute where required
- Preserve all evidence
- ensure sufficient and appropriate photos taken of the body, clothed, unclothed and during the PM as required (Pathologist to direct)
- Record label and secure all exhibits
- arrange finger prints/palm prints if required
- Attend debriefing and take notes where directed
Who provides authority to move body
Only OCI can give authority to move body
What evidence may be lost or contaminated by moving the body
Larvae or insects DNA fingerprints firearm residue Loose hairs, fibres, pain, glass or other fragments
What actions should Police take when the body has been moved or disturbed
Initial attending officers should make enquiries as soon as possible to ascertain whether body has been moved or disturbed.
Do not attempt to move the body back to its original condition
enquiries made to establish what the original position of body was for later reconstruction and photographs
Before removing body from scene
- Record position of body in sketch plan and direct photographer to photograph body in situ
- In consultation with OC Scene consider recording position of body by measuring from two fixed points
- Record PAWDLE
- Important, consider health risks in moving the body
- Cover hands, feet, head in paper bags and secure with tape, if needed cover paper bags with plastic bags. Where evidence may be lost i.e. blood trails, consult with experts
- wrap the body in a clean plastic sheet and place in body bag
- be careful not to contaminate clothing with foreign objects
- retain all wraps, bag etc used to transport the body as exhibits
- carefully search under where body laid
- Obtain authority from OCI to move the body
- Arrange undertaker to remove body to mortuary
What is PAWDLE
Position of limbs Appearance of body Wounds and clothing Direction of blood trails present Lividity - colouration of skin due to gravitation pooling of blood Extent of rigormortis
Appreciation prior to the PM
- ID of body
- Authority from Coroner to conduct PM
Consultation with pathologist - safe custody of exhibits
- ID who should attend PM
requirements for any specific need for exam or sampling based on known facts - Appropriate resources
- Family cultural considerations
Any likely requirement for second PM
Purpose of a PM
To establish cause of death and may also help with
- Provide areas of interest for subsequent interviews
- Establish how injuries and events contributed to death
- Negate possible defences
- Determine approx height and stature of offender
- Determine nature and size of weapon
- Determine mode and time of death
- identify the body if not already done
What is the primary role of the OC body at PM
To observe, document and deal with all exhibits associated with the body in a structured methodical manner
Before stripping the body
- The body must only be stripped in the presence of the pathologist
- Remove body from secure mortuary fridge and assist staff to take it to the PM exam room
- Carefully remove the body from the bag causing minimal disturbance
- Retain all wraps, bags and sheets used to transport the body as exhibits
- Ensure sufficent and appropriate photographs taken of the body, clothed, unclothed and during the PM (the pathologist to direct)
- Carefully remove the clothing from the body, mortuary technicians may assist but only under the direction and supervision of OC body.
- Do not cut the clothing from the body, if unavoidable, cut where forensic evidence least likely to be present.
- Carefully search each pocket and make an inventory of each possession
- Make and inventory of all clothing and possession as you remove it from the body
- Record, label and secure each item and possession in separate container or bag
- Avoid cross contamination by ensuring items dont come in contact with one another
- Maintain Security and continuity of body, samples and exhibits until the start of the PM
- In cases of obvious head trauma, consider putting sieve in table drain hole before blood and debris washed from head and hair to later compare with weapon
At the conclusion of PM OC body must hand all exhibits over to OC exhibits, what else should they provide
FWS
Notebook entries
PM Exhibit schedule
Name 2 experts who can be present at PM/crime scene
Anthropologist
Biologist
Ballistics expert
Toxicologist
What can a pathologist tell you about skeletal remains
Whether the remains are bones
Whether the bones are human
The age, height, gender and race of the person
Describe 4 methods of ID decomposing body
Fingerprints DNA profiling Facial reconstruction eye or dental records other medical records personal effects
What main documents are required in a sudden death
Pol 47/47A
Copy of deceased persons certificate
Copy of deceased persons ID
statement in relation to the identification of the deceased
Instructions to persons identifying the body
Explain to them the process and what is required of them. Also describe what they are about to see when they view the deceased
Under what circumstances can the OC body make notes of discussions concerning the PM
Only when specifically directed by the pathologist or OCI
What specialist can attend a PM
SOCO
Photography
ESR
On arrival at the mortuary the OC body must ensure
Mortuary staff do not wash the body
body is labelled and secure in a secure mortuary fridge
The key is retained until the start of the PM
The body is kept in its present condition
Arrange formal ID of the body
What must the pathologist be supplied with
Pol 47/47A
toxicology kit
MEK
photographs of scene, exhibits and body in SITU
Who does OC exhibits report to
to 2IC and in conjunction with OCI they ensure OC Ehibits have all relevant resources to do the job
Responsibilities of OC Exhibits
responsible for establishing and maintaining exhibit management systems and maintaining the physical security and continuity of all exhibits
responsible for establishing the required standards of recovery, labelling, handling storage, submission to experts, presentation at court and disposal
must communicate these required standards to all investigative team members
Four responsibilities in serious crime investigation
OC Exhibits
Establish SOP set by OCI for managing exhibits
Establish a 5 digit number range to cater for all scenes
Breif each officer in charge of investigation phase on scene and provide them with
- Number range to use for the scenes
- SOP that have been established
- blank exhibit schedule
Establish a secure area for exhibit storage and if possible a exhibit processing area
Commence an exhibit register
In smaller investigations the role of OC exhibits may include
an appreciation of
Evidential value of each exhibit
What further enquiries may be needed
Investigative opportunities presented by each exhibit.
Actions of OC exhibits when there are further enquiries
OC exhibits must update the register of results of examination and bring to the attention of OCI
When OC exhibits becomes aware that further enquiries are need they must bring this to the attention of the OCI
Before taking an exhibit ensure the founder has
CALLC
Correctly preserved the exhibit
Assign exhibit a unique number from the allocated range
Label the exhibit with unique number and OP name
Labelled, packaged and sealed exhibit in accordance with SOP
Correctly recorded exhibit on exhibit schedule
Describe the chain of custody and state the purpose
The chain of custody includes every individual who has had custody of the exhibit from the time it was first discovered until it is proceeded in court. It is used to demonstrate the integrity and therefore admissibility of evidence
Maintaining chain of custody
Each person must be able to demonstrate
-when they received the exhibit and from who
Where and how the exhibit was securely stored
Why when and how the exhibit was moved from one place to another
How the exhibit has been treated, safe guarded and preserved
When and why they transferred custody to another person and to whom
What do you update OCI on as OC exhibits
What exhibits have been found and their movements
The results of any exhibit examinations
whether further enquiries are required
OC exhibits to attend all team investigation conferences and
FSM and investigation briefings to facilitate information sharing,
take responsibility for liaison between OCI/2IC/CSC/OCScene/ESR and other specialists
What action can be undertaken to preserve the integrity of the exhibits register
Only OC Exhibits and Typist should have passwords to make alterations to it.
Who is in charge of what exhibits to take to trial
Before commencement of trial OCI and OC exhibits along with other relevant investigation team members must decide which exhibits are considered relevant, determine the relevance of any forensic examinations and establish the most appropriate manner in which exhibits and examinations are to be presented at trial.
why is it important to develop a forensic strategy for the examination of exhibits
Allows the OC Exhibits to prioritise tasks in line with the direction of the investigation
What is the purpose of a forensic strategy meeting?
Are required to determine which exhibit or forensic examinations are required and the priority of those examinations
What do you do following a forensic strategy meeting
OC Exhibits must record on the exhibit register all decision taken about the exhibit examination and the priority allocated to the examination of each exhibit
Describe two topics to be covered at a strategic planning meeting
- Examinations ESR and others could do with exhibits
- Priority each exhibit should receive
- whether further work is needed to assist with a reconstruction
- Plan for any work required to assist with a reconstruction
An agreed reconstruction of events relevant to the crime under investigation
What is the purpose of a crime scene log
TIIC There is no unauthorised entry to scene Integrity of evidence or potential evidence secured Intelligence opportunities are maximised Contamination issues are maximised
What to record in crime scene log
PANT Purpose of visit Authority to enter the scene Name and designation Time of entry and exit
What are the primary functions for those first attending a scene
Must first consider the risks
- Attend the scene at an early stage
- Take control of the situation
- Coordinating tasks
Checklist for initial action
Freeze, control, guard and preserve
- assess own safety and then preserve lives of others
- ID and apprehend suspects
- Contain and control witnesses
- Preserve scene
What is the purpose of a common approach path?
It sets a route in and out of scene that all staff and civilians are to use, The path will avoid path used by offender, suspect or victim. Establish early to prevent loss of evidence and cross contamination
If victim going to die how can police take a statement and satisfy requirements that it will be admissible
The court must be satisfied that both the contents of the statement and the person who made it are reliable. Must record factors which demonstrate the reliability of the statement and it’s maker
- Nature of the statement
- Content of the statement
- Circumstances that relate to the making of the statement
- Circumstances that relate to the veracity of the person
- Circumstances relating to the accuracy of the observation of that person
What is the first thing to consider when undertaking a course of action at a serious crime scene
Initial action at the crime scene is crucial but may present physical risks as well as contamination of scene
An appreciation should be undertaken using known information to decide what form of initial action should take place, A reconnaissance should be conducted to establish those present at scene.
The first priority will always be to ensure safety of attending police members
What are initial actions to preserve a scene
Freeze control, guard and preserve IDENTIFY -carry out initial assessment of the scene - Consider Warrantless powers - Establish the crime scene - establish a common approach path - consider other related scenes - what is happening at the scene and who is there - note and record observations - establish scene HQ and SFP - Provide SITREP
SECURE - Exercise power to secure scene - Effect removal of all persons - establish cordons - arrange and brief scene guards Arrange crime scene logs prevent unauthorised persons entering/leaving Prevent further loss or damage to evidence by adverse weather/animals
Police who arrive at a serious scene should identify, preserve and record the scene. What actions should police take to preserve the scene
Consider the best path into the scene
Record any movements/actions taken in the scene
Preserve what is there and keep in situ
If no immediate threat to life consider stepping plates
Be prepared to take immediate action to preserve and/or record evidence that may change if nothing is done.
What actions must attending staff take at serious crime if media is present
Keep them away from immediate scene condoms and make no comment about the incident. Consult with OCI on arrival and explain what has happened.
Actions of first responders have a critical effect on an investigation. List the points in the general investigation model that should be applied in all cases.
vawseipo
Victim - identify and locate
Appreciation - Make an initial appreciation of incident safety first
Witnesses - locate and contain
Scene - identify and preserve scene and set boundaries
Exhibits - identify and note exhibits and take action if evidence may be lost
Ingredients - consider whether ingredients have been established.
Power - identify what powers are available and whether to use them
Offender - locate and apprehend
Why is it important that police who have first contact with the informant are debriefed
Police should be debrief and a full record made of their account. This is particularly important should an informant later become a suspect. Consideration whether police officer should.Be investigatively interviewed
Obtaining key material from witness
Full details of those present Assemble people in clear area Isolate Identify and conduct brief scoping interview Establish whether persons left the area Record regos Witnesses made calls from scene, establish numbers Seize cctv
First at scene of a homicide and you are advised that the suspect is still present, what do you do?
Id, apprehend and isolate is a priority
What requirements must the FM fulfill when setting up the investigation HQ
Must liaise closely with 2IC to establish Location Office support staff Transport Equipment Communications Ict requirements
What are the main functions of a FM
Establishing and maintaining investigative hq
Operate the paperclip and associated structure in accordance with serious crime documentation management system.
Manage the physical and electronic files relating to the investigation
Assist 2 IC with identifying and recording evidential material
Complete synopsis of all documents received
Ensure flow of the info throughout the investigation
Support the 2ic by reading all docs for the purpose of highlighting important information to the 2IC
Assist with the preparation of the prosecution file
Assist with the management of the trial
The FM must assist the 2IC on a daily basis to carry.out a number of duties. Describe these duties.
Must assist the 2IC prepare daily bulletins, police and special notices, organisational charts and daily rosters and ensuring these are well displayed within the investigation HQ
Must be abreast of developments in all phases to enable them to brief members of the investigation team on progress in other phases.
What are two systems used to manage information and documents in a homicide or other serious crime investigation
Serious crime template
Crime investigation database
To ensure an effective communication action flow within the investigation the FM must
Advise staff that file path names be added to all documents
Advise staff to set.up email folder within their own directory
Generate a NIA file number
Source necessary stationary
Set up in trays
Provide staff with new notebooms
What is the purpose of an area canvas
Identifying witnesses to the movements of the offender before or after the offence. Also witnesses to the offence itself
What is the purpose of a methodically structured area canvas
There are often links between offender, scene, victim and witnesses. Therefore an AC presents a high chance of identifying or contacting offender, associates of the offender, exhibits or evidence, other witnesses and establishing significant facts
What are the responsibilities of the OC AC
The OC reports to the OCI and together they ensure the area is canvassed thoroughly and recorded accurately. The OC AC must ensure the team stays focused and that there is efficient use of resources and the return of relevant information
Main objectives for OC AC
To identify the offender
Identify witnesses
Identifying and gathering evidence, such as vehicles, discarded clothing, weapons and other articles
Gathering information
Other benefits
Sighting of victims/offenders before or after
Sightings of relevant property or vehicles
Sightings of potential witnesses
Obtaining key information to drive the investigation or develop lines of inquiry
Reconnaissance for OC AC
OCI, OC AC and OC suspect should attend the general external scene as soon as practicable to make a reconnaissance of the area and conduct an appreciation to set the parameters and objectives of the canvas.
This will also provide a clear perspective of the area when it is referred to in statements and or briefings
OC AC
What are the key.points for.team briefings
Summarise the situation Emphasise the need for thoroughness Stress that the questionnaire is just a guideevidence of probative value to be in FWS not PNB Every address visited and reconciled with the map Ensure all forms completed Reconcile completed address with master copy to avoid duplication Advise staff on duties - if they ID suspect - if they locate evidence - if persons won't talk - How to complete correspondence flow - what information to disclose - what information not to disclose
Area canvas risk assessment should include
In consultation with intelligence Identify
Other wanted persons within the area
Violent offenders
Other issues that they may raise with police
Cultural or linguistic needs
Methods of identifying witnesses within the community to compliment door knock
Poster campaign
Media
Mail drop
High police profile (caravan)
OC AC lifting morale
Must ensure that the morale of the team remains high this can be achieved by providing regular feedback in relation to how the canvas is aiding the investigation as well as the progress of the investigation itself
OC canvas monitoring progress, a detailed master copy should.be maintained and updated showing
Addresses that have been visited
What persons have been interviewed
Documentation completed
Any relevant comments made
Why should AC be conducted at the same time the offence took place
Some cases the AC should be conducted at the same to capture people who regularly pass through the area around the same time of day
OC AC should submit a report at the conclusion of the phase what should it contain
Should outline the the circumstances of the particular aspect of the investigation. Should.contain all actions taken, highlighting any particular findings and attention drawn to actions undertaken that were outside the original phase strategy
How can police units such as profiling unit or geographic profilers assist the OC AC during the planning phase
They may be able to assist with setting parameters or identifying locations where the subjects are likely to frequent or reside
What do you instruct staff as OC AC if they come across an investigatively important witness
Arrange a FWS to provide to 2IC
Record on part b that FWS taken and note description of witness
Ensure witness info is conveyed to OC AC and 2IC as soon as practicable
Give part B form to the OC AC
What two physical actions do you take when you locate a suspect/offender
Consider the suspect - whether injured
Whether under the influence of.drugs/alcohil or suffering mental impairment
Purpose of OC suspect - responsibilities
Obtaining info about suspects and persons of interest as they are identified by OCI
Thoroughly profiling and investigating all suspects and persons of interest to enable the OCI to establish their involvement in the offence or eliminate them
Providing a basis for further investigation
Seeking evidence to cover all ingredients of the offence
Mitigating and dealing with possible defence establish that may be raised
First duty of OC suspect is to brief suspect team members on what
Circumstances of the offence including an analysis of the scene and witness evidence available
Full details of all persons of interest or suspect where the Id is known
Descriptions of the suspect provided by witnesses
Whether any particular MO/crime signatures have been identified
Providing briefing/debriefs what should be covered
OC suspects must regularly debrief their team on the enquiries they have conducted and the results of these enquiries so that they can maintain a constant flow of information at conferences, between the members of the suspect team and other investigation staff. Priority info must be brought to the attention of the OCI as necessary
After anaylising all witness interviews/statements, a schedule of descriptions of the suspects is prepared and copies distributed to who?
- Members of the search, area canvas and investigation team
- To the media
A careful risk assessment must e done before releasing to any suspect description. Any media release must be authorised by the OCI
The OC suspects must investigate all suspects thoroughly in order of priority as decided in consultation with OCI. What particular matters may influence the setting of priorities
The relative weight of evidence against a person or the likelihood of their leaving the area
May also be influenced by a particular urgency in solving the case or the availability of staff
Suspects must be investigated in order of priority
During an investigation into multiple suspects for a serious offence, what steps can investigators take to mitigate or eliminate the possibility of forensic cross contamination between the suspects
An appreciation must be made regarding which staff assigned to seize clothing from suspects. It is vitally important officers involved are fully aware of cross contamination issues and where possible separate officers should be assigned to each suspect
Suspects must be kept apart including 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
Suspects residence - where the place of residence of a suspect who is yet to be identified is known, consider what?
NIA enquiries
Enquiries with local council to ID property owner
Conducting a reconnaissance of the area
Monitoring the address through surveillance
Taking photographs of any persons and vehicles as they enter or leave the premises
Monitoring suspects cell phone
Enquiries with local authorities and utility providers
Method used in attempting to identify offender
Trace
Interview
Eliminate
TIE category is created by selecting a common characteristic shared by a group or people, which may include the offender. I.E. Persons related or associated to victim, persons in the vicinity of the scene at the time of offence
Intelligence categories - research should aim to collect all available info in attempt to establish or find what
Names and aliases used by suspect
Suspects criminal history, convictions and MO
Details of vehicles owned, used or has access to
Details of all landline and cell phone numbers used by suspect
full description of suspect
medical records
Potential sources of information about suspects may be obtained from
Financial info/bank records CCTV and other images Personal computer info Telecommunication info Customer info, including subscriber info Access/door security systems Vehicle GPS Toll records Cell phones Internet sites- social media
On executing a search warrant OC suspects
Establish a strategy for the search with the OCI
Ensure legal authority exists for the search to be conducted
Arrange photographer/SOCO
Ensure OC Exhibit attends
If practicable ensure suspect is present
search property and vehicles
assess all evidence found and ascertain its relevance
photograph all evidence in SITU before you seize it
Consider arranging for evidence to be examined for fingerprints before seizure
Exhibits must only be seized under lawful authority
Seek explanations from the suspect
Issue a receipt for any property seized
ensure all exhibits are sealed before removal
Ensure OC exhibits for that scene labels, examines and records all exhibits in a scene exhibit schedule before removing all exhibits
Before arrest/termination OC Suspects must consult OCI regarding an arrest strategy, to ensure what?
Investigator appointed to each suspect
Decision to prosecute, choice of charges and prosecution processes are conducted in accordance with solicitor general prosecution guidelines
Clarity on position to be taken by police on bail
Authority to engage the crown solicitor
Family of deceased updated by FLO
Prompt preparation of the prosecution file
compliance by the disclosure manager
preparing to interview a suspect, OC suspects should
liaise with OCI regarding selection of interviewer
Consult with OCI re the most appropriate mode of recording interview
Establish with OCI the status of the person as a witness, POI or suspect
Consider whether the person requires special consideration
Consult with legal adviser if needed
Ensure interviewer is fully briefed
discuss ingredients that need to be established
Ensure interviewer has a prepared plan
During interview of the suspect the OC suspect must ensure that
interview is conducted in accordance with the investigative interviewing suspect guide
Interview is monitored by a supervisor or experienced detective to ensure key points are covered
Ensure an explanation is sought from the suspect in relation to any exhibits found
Obtaining identifying details to sonfirm ID of suspect
Fingerprints, footprints, palm prints, DNA
Arrange photographs of suspect that include
- front face and profile
- full body length, from front and side
- Any injuries
- Any distinct identifying features such as tattoos or scars
Samples of handwriting where relevant
Record a physical description of suspect
record details for the offender report
The OC Suspect will arrange in consultation with OCI for a police doctor to examine the suspect. The DR must
Note any injurues
Take samples as necessary by OCi using a MEK including
- Blood
- Saliva
- Head hair
- Pubic / body hair if relevant
- fingernail scrapings
- swabs of the suspects hands and other relevant areas
Hand swabs for firearm residue using firearm detection kit
Provide a professional opinion regarding the condition of the suspect
Record any explanation or comments made by the suspect about the offence or the cause of injuries. Photographs of the suspect and relevant marks or injuries must be taken
What steps should be followed if a suspect is identified at the scene
Seperate from others
Consider condition of the suspect - injuries/ under the influense
Ask them to remain at scene and cooperate
If they refuse to remain, consider grounds to arrest
Prevent cross examination, officer who hasnt been into the scene
caution if good cause to suspect
Consider searching suspect, vehicle, route taken and vicinity of suspect
Note appearance and demeanour
record every thing that they say
DVD interview
Brief OCI on their arrival
what to brief OCI in relation to initial response
The situation
What has been done
what is being done
what needs to be done
what is the definiition of the appreciation model
An appreciation is a proven method for problem solving
The process follows a series of set steps to ensure the optimum course of action is decided upon
Considers all appropriate factors and weighs the benefit and risks of all alternative solutions, allowing sound decisions to be taken
Ongoing process which involves continually thinking through each piece of info as it is uncovered
State four benefits of the appreciation technique
Informs all police what they are expected to achieve
Increases the chance of success, aims/objectives being met
Establishes a sequence of activities to be carried out
Manages risk
reduces uncertainty
eliminates duplication
ensures nothing is overlooked
effective use of resources
What are the two main purposes for police attending the scene of any death
Police purpose is always to investigate thoroughly and gather sufficient evidence to satisfactorily explain circumstances of death
Witnesses from the scene may be so proximate to the events that evidence may be transferred to them
a/ what can interviewing police take prior to the interview to combat this?
State the types of physical evidence that may be present
Before a witness is interviewed a plan must be made to preserve and recover all available physical evidence from the witness including DNA, fingerprints, clothes, footwear, fibres, body fluids, glass or other material
- A plan to recover evidence may include
seizure of clothing and footwear
seizure of items touched by suspect
forensic medical exam - fingernail scrapings, hair combings
immediate DNA swabs of blood present on witness
Immediate DNA swabs of any area on witness touched by suspect
- consider using different interview rooms, photographing witnesses and photographing injuries
What are three categories of a victims status
alive and uninjured
alive but injured
Shows no signs of life
What are the steps to take when the victim is alive but injured
SADPRAT
Scene- treat victim as a scene and done move unnecessarily
Ambulance - call ambulance and commence first aid
Dying declaration - consider taking dying declaration
Preliminary statement
Record and photograph injuries
Accompany to hospital, ascertain status, preserve clothing, debrief medical staff and update OCI
Take DNA swabs
What are the steps to take when there are no signs of life
CORPSED Call ambulance resus if possible Obtain confirmation of life extinct unless obvious Record PAWDLE and exhibits Persons id Sketch of body/photographs Early update to OCI Do not move body
What is the primary role of the FLO
Role involves the day to day management of the partnership between the family of the deceased and the police investigation. The primary role is that of an investigator and not as a support person. However in performing the role as FLO you must facilitate, offer and coordinate support that addresses the needs of the family
What are the duties of a FLO
responsible for profiling the victim, preparing a family tree and gathering relevant information from the family.
Risk assessment around FLO
particularly when suspect is a part of the family
Suitability of FLO
Addition FLOs needed
Wishes and needs of family
Suspect within a family OCI must regularly review plan and consider
Welfare of the FLO
whether FLO resides with family
Fully documenting all interactions with family
Not using FLO in any search of arrest of offender
Why should FLO identify cultural origins of victims family
Familiar with cultural beliefs and protocols to enhance relationship with family and contribute to victims profile
In the case of a maori victim
ILO must be appointed at earliest stage. This will enhance relations with the family throughout the investigation by providing an understanding and awareness of Maori culture protocols and beliefs
When implementing a family liaison plan, describe the term family
Parents/caregivers, siblings, children, whanau and others who have a close personal relationship with the victim, chosen family and should reflect the victims culture and lifestyle
Outline what should be done in a plan for family liaison
Select the FLO and criteria employed for selection
Exit plan for FLO
Objectives of FLO
Assessing most appropriate methods to interview family members utilising specialist interviewers
Info to be released/withheld from family
Requests by family which have not been agreed to and reasons
Complaints made by family and OCI action to progress and resolve issues
Any member of the family considered a suspect,
Liaison with victim support and other services
Action on appointment
Liaise closely with OCI regarding parameters of info to be shared/withheld
Familiarise themselves with the inquiry
Familiarise themselves with lifestyle/culture/religion
Familiarise with info and Intel which could impact FLO role (previous police involvement)
Establish what contact has been made since death
Establish what info has been shared with family
Establish what info is in the public domain
What considerations need to be given around witnesses in the family
whether witness requires special consideration
The availability of witnesses
Any particular needs the witness has for assistance
Optimum approach to be taken when approaching witness for interview
Family should be prepared for media interest and the FLO should take steps to
prepare victims family for the level of anticipated media interest
Establish family views on media appeals
request the family nominate a spokesperson at an early stage
consult with the family before the release of personal details relating to the victim
Inform family of significant developments before releasing to the media
Appraise OCI of media activity around family
Return of property
What property does the family want returned
How do they want the property returned. ie cleaned
Are there likely to be delays in returning property
Property should be inspected to ensure all police and court exhibit tags are removed
When appointing an officer to interview a witness, what four main issues should be considered
Level of training of the interviewer
Level of experience of interviewer in major investigations
Any special requirements the interviewer has that would be advantageous
The suitability of he interviewer, including welfare and any previous dealings that inhibit rapport or be criticised re coaching prompting
Prelim interviews should be
Conducted in accordance with SOP investigative interviewing
Limited to TEDS questions
elicit a brief account of what was witnessed
What does a witness interview plan cover
Time and location of interview
The amount of info to be disclosed to interviewer
Setting interview objectives
Supporting the interviewer ( monitor)
Structure of the interview (video/audio/written)
Information obtained from a prelim may lead to
Early ID or arrest of offender
recovery of evidence or information relevant to the offence
Prevention of disposal of evidence
Prevention of commission of other offences
Prelim interview, every effort made to obtain
IPCADDDDFRI Identity and location of suspect Precice details of the scene location Circumstances leading to the discovery A first hand account of what they known Demeanour of complainant/informant Details of actions taken by them and where they have been Details of any safety/hazard issues that may affect police Full contact details relationship to victim/suspect identity of the victim
Initial witness assessment should consider how the interview should be conducted and enable the investigation team to identify
Whether the witness requires special consideration
Availability of the witness
Any needs the witness has for special assistance
The optimum approach to take with the witness
Two reasons of a risk assessment of a witness to a serious offence
To ensure their physical safety
To ensure they are not subject to intimidation
Different forms of intimidation may result from a witness providing information to police what are they?
fear of going to court
Life being at serious risk
During a trial intimidation of witnesses can occur, what can OC do about this
Maintain regular contact with witnesses, police will more likely be aware of any threats/intimidation or interference and can arrange for appropriate action to be taken, such as initiating the WPP
Police responsibilities to witness
Ensure court attendance refreshing memory/making sure fully briefed Witness order/control Welfare issues interpreter issues expenses name suppression
When a witness is at court, what may they use to refresh their memory?
Signed statements
transcripts
Ensure witnesses at court dont…
have contact or communicate with jurors
discus the case in public areas while awaiting to give evidence
Discus the case with witnesses after they have given evidence
Alibi witnesses when Crown direct the police to interview an alibi witness what action should police take
Must only be interviewed under direction of the crown
Investigators must
-make enquiries to determine the veracity of the evidence
Conduct inquiries as directed by OCI and CS including NIA checks on Alibi witnesses
Forward these results to the CS including statements
In homicides who takes the VIS
Homicide trained VS persons to take VIS and should be no older that 28 days at the time of sentencing
Initial actions of disclosure manager
Read the disclosure managers desk file
Access the current SCT downloaded to the local district shared drive for use during the investigation
report to the 2IC to receive a briefing, tasking, establishing what information is and is not discoverable and on going supervision
Key responsibilies of Disclosure manager
Ensure all relevant and discoverable materal is provided to defence
Ensure all relevant non discoverable material is identified, listed and defence advised
Continually assess the risk to ensure that non discoverable material is identified and not disclosed
Continually review to ensure that ongoing lawful justification to withhold exist for each document that is withheld
Ensure robust auditable systems are employed to record disclosure decisions and actions
Manage disclosure time frames within the provision of the act, or as otherwise directed by the courts
Retain and file all correspondence with defence counsel both incoming and outgoing, in the 50000 series document category
create a record in NIA of the fact of disclosure against the charge, and make brief record of delivery of initial disclosure in NIA. Record in NIA that the disclosure index is held in the operation file and the location of that file
Defence counsel relationship
All communication with the defence counsel should be conducted through the 2IC or crown solicitor where engaged
Obligation when counsel is reassigned
Police have an obligation when the legal representation of a defendant is replaced to ensure counsel is provided with all material previously disclosed.
This can be confirmed in writing or by giving a fresh copy
Section 10(4) disclosure
Disclosure may be supplied in whatever form, including electronically, that the person disclosing the information has it at the time of request, provided this will be readily accessible to the defendant.
Crown disclosure
The crown should be provided with an identical copy of all material that is disclosed to the defence counsel. The crown should also review an unedited copy of the material where appropriate. the material should remain under the controm of the FM while it is being reviewed
