Test Flashcards
What are the article 2 criteria that the state must do post incident?
INITIATIVE - be on the states own initiative
INDEPENDENT - be independent, both institutionally and in practice
IDENTIFICATION - be capable of leading to a determination of whether the force used was justified in the circumstances and to the identification and accountability of those responsible.
PROMPT - be prompt
PUBLIC SCRUTINY - allow for sufficient public scrutiny to ensure accountability
PARTICIPATE - Allow for NOK to participate
When should a post incident investigation commence in a firearms incident?
All situations where there has:
- Been a discharge of a weapon by the police (including less lethal)
- Whether intentional or not
Which has or may have:
- Resulted in death or serious injury
- Revealed failings in command
- Caused danger to officers or the public
What is a key police witness?
- Police officers and staff
- Who can give direct evidence of the circumstances leading to the discharge of a firearm or less lethal weapon
- It is a flexible definition
Give example of who key police witnesses could be following a firearms incident?
- Officers who discharged weapons
- Officers who immediately witness the discharge of weapons
- Those who authorised or command the deployment of firearms officers
- Those who provide tactical advice
As the investigation unfolds, others involved in the operation may become key police witnesses.
What are the reasons for separating key police witnesses?
- Criminal
- Conduct
- Inappropriate conferring
As PIM who should you make contact with when called out?
- PIM team/appointed officer
- Fed/Unison
- Chief officers
- TFC/SFC
- IIO
What do you need to know on your initial briefing as a PIM?
Situation report
Who and where are the key police witnesses
Has conferring advice been given?
Who should the AO not be?
- Someone also having an investigative/operational role in the incident
Who could the AO be?
- Appointed by chief officer
- Where practicable be Insp or above
- Where practicable be a trained PIM
What should the AO do?
- Establish legal status and identity of KPW
- Ensure access to legal rep and staff associations
- Explain conferring guidance
- Prevent inappropriate conferring
- Ensure all conferring is APP compliant
- Document process by which accounts are provided incl conferring
- Ensure all accounts are time stamped by those making them
- Ensure ref material used by officers is secured and handed to lead investigator
What are the welfare and weapons considerations?
- Placement/security of KPWs weapons and equipment
- Human dignity (soiled/bloody clothing)
- forensic procedures - update staff
- Wash/showers
- Takes measures to ensure physical and emotional wellbeing of staff involved
- FME/FMO
- Food and drink
- Phone calls home - don’t talk about incident
- Legal advice
If an officer does confer, what are the four points to document?
- Time date and place where conferring took place
- The issues discussed
- With whom
- The reasons for such discussion
When should we separate?
When it is:
- Safe
- Necessary
- Practical
When is separation necessary?
- Criminal offence committed by a KPW
- Disciplinary offence committed by KPW
- Inappropriate conferring despite advice
If we decide not to separate, what must we do?
Record rationale for any decision to or not to separate KPW