Police Instructions - Blackmail Flashcards
What is the general definition of blackmail?
Any communication that is intended to incite fear, or be interpreted as a threat in the mind of any reasonable person, that, if certain instructions or demands are not complied with, an act or omission (whether by words or action) will occur
Section 239(1), Crimes Act 1961 Demanding with Intent to Steal
(1) Without claim of right
(2) By force or with any threat
(3) Compels
(4) Any person
(5) To execute, make, accept, endorse, alter or destroy
(6) Any document capable of conferring a pecuniary advantage
(7) With intent to obtain any benefit
14yrs imprisonment
Section 239(2), Crimes Act 1961 Demanding with Menaces or Threat
(1) Every one who
(2) With menaces or by any threat
(3) Demands any property
(4) From any persons
(5) With intent to steal it
7yrs imprisonment
Offence is complete when demand is made.
Defence = Honest belief in claim of right
Menaces
Includes all verbal or written threats. No threat of physical harm is required
Blackmail investigation phases
(1) Initial report phase
(2) Mobilisation phase
(3) Consolidation phase
(4) Investigation and operational phase
(5) Reactive phase
Arrest phase should only be effected when
(1) Not arresting would present a greater risk than making the arrest
(2) Arrest is necessary to protect the life of a victim or other person or ensure public safety
(3) The threatened harm has been neutralised
(4) It can be reasonably expected that the threat will be neutralised once the arrest has occurred
(5) Sufficient evidence exists to justify the arrest
Types of motivation
- Financial reward
- Publicity
- Acclaim
- Business competition
- Revenge
- Ideological
Offender profile types
- Criminal
- Political
- Disgruntled current/former employee
- Competitor
- Antisocial
Investigation objectives
(1) Preserve life and public safety (primary aim)
(2) Respond in a manner that does not increase the risk to an individual or organisation (secondary aim)
- Preventing more serious crime
- Avoiding serious loss
- Detecting and arresting the offender
- Recovering any ransom
Initial action
(1) Advise Emergency Communications Centre Manager without risking loss of contact with the informant
(2) Reassure complainant and deal with them sympathetically
(3) Establish details such as:
- Timeline of events
- Details of any deadlines
- How offender making contact
- Contact persons details
- Nature of the demand and exact words
(4) Inform the complainant that they will be dealt with as a priority and provide dedicated phone number, and that they will be contacted shortly
(5) Instruct complainant to:
- Make efforts to trace offenders contact details
- Record all relevant events
Action taken by Emergency Communications Centre
(1) Evaluate the information and assess actions taken
(2) Asses whether the absence of an overt Police response would be inconsistent with normal Police response (i.e. offender would expect Police response) or likely to endanger any person
(3) Notify on call CIB supervisor
(4) Ensure secure incident log established
(5) Make call recordings available to CIB
Mobilisation phase - role of OC investigation
(1) Develop strategy for investigation in line with primary objectives
(2) Acquire, deploy and manage resources to implement strategy
(3) Continually review the strategy as circumstances develop
Mobilisation phase - initial consideration
Who
- is at risk
- may be affected
- is the suspect
What
- is the motive
- is the offender demanding
- is the offender threatening to do
- information is available vs required
Why
- is the offender doing this
- has the victim been selected
Where
- did the incident take place
- will future event(s) occur
When
- did the incident happen
- is the next event(s) likely to occur
How
- much time is available
Mobilisation - initial resources
- PNT
- Surveillance
- Tactical Operations Group (TOG
- HTCG, Cybercrime, COLT
- ## Interception of communication data
Consolidation phase - OC investigation should supervise
(1) Ensure correct initial response carried out
(2) Develop investigation plan
(3) Develop media and contact strategy
(4) Develop negotiation strategy
(5) Develop arrest strategy
(6) Brief staff
(7) Ensure operational strategy
