Stuff to know Flashcards
Intent
In criminal law there are two specific intentions in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result.
Deliberate Act
Intent means that act or omission must be done deliberately. The act or omission must be more than involuntary or accidental
Intent to produce a result
The second type of intent is an intent to produce a specific result. In this context result means “aim, object, or purpose”.
The interview monitor should
- Scruitinise the interview content identifying areas that are missing or which need clarifying or expanding for the purposes of the investigation.
- Be alert to interview errors and confusion in communication between the interviewer and the witness.
- Take accurate and legible notes of the required investigation information.
- Record the times at significant points throughout the interview.
- Provide feedback on content and/or approach to the interview during breaks in the interview.
- Only interrupt the interview if absolute necessary e.g if the equipment fails or a legal requirement is missed.
Section 16 Victim Rights Act 2002
Restriction on disclosing victim’s contact details in evidence or information provided to court
Section 16 Victim Rights Act 2002
What information cannot be disclosed to the Defendant
contact details means any 1 or more of the following:
(a) residential address:
(b) postal address:
(c) email address:
(d) home telephone number:
(e) business telephone number:
(f) mobile telephone number:
(g) Fax number
Unless the judge specifically allows this
Section 7 VRA
Treat the victim with courtesy and compassion; and
respect the victim’s dignity and privacy.
Definition of a Victim
Section 4 VRA
A person against whom offence is committed
- another person who suffers physical injury, loss of or damage to property
- parent or legal guardian of above -
member of immediate family of a person who as a result of offence dies or is incapable
12 Key process points in the ASA investigation.
- Initial Actions on Contact
- Case Referral
- Providing specialist support
- Preliminary interview
- Information Feedback
- Medical Examination
- Formal interview
- Investigation and evidence assessment
- Resolution options
- Prosecution
- Final actions and record keeping
- Preventative opportunities and responsibilities.
Information to Medical Practitioners
- Advise the age and gender of Victim
- Advise when the sexual assault is believed to have occurred
- Give a very brief outline of the information known so far including whether durgs maybe involved, level of intoxication, injuries, or other known health concerns.
ASA Debriefing of Medical Practitioners
- Advise on any immediate needs of the Victim (Safety paramount).
- Verbally summarise the exhibits and advise their significance in the investigation
- Identify any forensic items that may need to be taken to ESR asap for analysis to minimise loss of evidential benefits.
- Identify any significant discourses made by the Victim during examination which maybe useful to Police investigation and in cases Victim under 18, require notification to OT.
What questions can you ask a Victim during a preliminary ASA interview
TEDS to establish what happened,
When did this take place,
Where did it happen,
Who is the offender.
Avoid asking why or how. Take care not to contaminate Victims recall.
Reason for a preliminary ASA interview
Understand what has occurred and to determine:
- What further investigations are necessary
- Whether an offence may have been committed,
- Whether the Victim wishes to make a formal complaint
ASA Initial actions on contact
- Privacy and safety of the Victim must be ensured
- Use TEDS to establish what has happened
- Details of the Victim and brief circumstances, scene, offenders description if known.
- Accurately record in your notebook details provided and tasks undertaken.
- Advise specialist sexual assault support and with Victim’s consent make a referral.
- Refer the incident to CIB ASAP
- Pending CIB transfer ensure Victims safety and immediate health concerns, secure scene and evidence.
- Advise Victim (in acute cases) to preserve evidence if possible until after medical exam.
- Advise supervisor of your actions
- Explain the process to the Victim throughout your response
Advice to give to Victim prior to Medical examination in acute cases
Avoid: Eating or drinking
- Going to the toilet
- Washing or showering
- Washing their hands or biting their fingernails
- changing cloths
- smoking
- brushing or combing hair
- brushing teeth or rinsing their mouth.