Homicide and serious crime victims Flashcards
Summary
Introduction
Following a homicide or suspicious death the victim becomes one, if not the most important, aspect to the investigation.
The OC Body is appointed by the OC Investigation and reports to the Crime Scene Coordinator (where one is appointed), otherwise to the OC Scene. The role of OC Body is challenging, calling for thoroughness, the ability to identify significant facts through analysis of information and a high degree of tact and diplomacy whether dealing with recently bereaved families or liaising with senior experts.
Purpose
This section sets out a basic road map to negotiate all aspects of the role of OC Body. The aim is to provide an investigative tool or aide memoir clarifying the roles, processes and activities likely to be involved. It also identifies partner agencies and experts.
In addition to these instructions, further guidance is available from the ESR Forensic Evidence Guidelines.
Value
The victim is one of the three key elements of a homicide, together with the suspect and the location. 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.
Appointment of the OC Body
The OC Body should be an experienced investigator with awareness of forensic issues. Where this is not possible, the OC Body may require additional support and/or mentoring.
The appointment of an additional deputy to assist the OC Body as ‘Scene Exhibits Officer’ specifically during the post-mortem examination, should also be considered.
Responsibilities of the OC Body
The OC Body must:
- ensure death has been certified by a doctor or qualified paramedic using a Deceased Person Certificate (POL 265)
- 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
- record what actions have been taken by any party in respect of the body
- 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 using form Pol 265A
- obtain historical medial records of victim for information of pathologist
- attend the post-mortem examination with the OC Investigation, or deputy appointed by them, and:
attend the briefing of the pathologist by the OC Investigation, and contribute as required - ensure the Police photographer takes appropriate and sufficient photographs of the body before clothing is removed, again after the body is disrobed, and during the post-mortem examination. The pathologist will direct the photographer.
- preserve evidence from the body
- record, label and secure all samples and exhibits associated with the body
- arrange for fingerprints and palm prints to be taken, if required
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.
- attend the post-mortem examination with the OC Investigation, or deputy appointed by them, and:
Note. It is the responsibility of the OC Investigation to:
notify the Coroner early of the death, as detailed in the Police Manual chapter ‘Contacting a Coroner’
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.
Initial response
Principles of initial response
It is the fundamental responsibility of all police officers to preserve life and medical assistance must be obtained where there is the slightest possibility a person is still alive. A police officer should never assume a person is dead unless the circumstances are such that no other conclusion is possible, i.e. a badly decomposed or mutilated corpse. A suitably qualified medical practitioner or paramedic must certify death, where this has not already been done.
Important: Unless in an emergency situation, the body must not be moved until the OC Investigation has given authority for this to occur.
In any incident involving a homicide or unexplained or suspicious death, the OC Investigation and OC Body should consider all actions relating to the body in conjunction with the principles of ‘Part 1 - Initial response to homicide or serious crime’.
The initial response must be methodical and carried out with a clear understanding of what the objectives are. The responsibilities of OC Body will direct the initial focus however these will need to be considered using an appreciation in the context of the specific characteristics of the incident and scene, to identify how these principles should be adapted.
Crime scene attendance
The OC Investigation will determine whether the pathologist and/or Crown Solicitor will attend the scene to view the body ‘in situ’, to gain an understanding and interpretation of the injuries. Should the on-call pathologist not be able to attend the scene in a timely manner due to geographic distance or other factors, it may be expeditious for the local pathologist to attend the scene.
Consultation with other experts
An appreciation must be made of what value experts could contribute to the examination of the body. It is important the options are evaluated before the body is moved.
Briefing experts and interested parties
Although not all available experts will attend the scene they may still be consulted or even asked to attend the post-mortem. As such it is important that the OC Investigation and OC Body seek to establish as much information as possible from the scene with which they can subsequently brief interested parties. This will allow any decisions or opinions to be as fully informed as possible. Some key areas for consideration include:
- 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, i.e. weather conditions, ambient/historical temperature, nearby heating appliances, pollen influences
- any other additional information received from other experts, as appropriate.
Appreciation prior to body removal
At the earliest opportunity, the OC Investigation, in consultation with the Crime Scene Coordinator (or OC Scene where one is not appointed) and the OC Body, must make an appreciation in respect of the removal of the body. These factors should be considered in the appreciation:
- 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 the body removal
- Chain of custody of the body from the scene to the mortuary
- Safe custody of exhibits
- Family and/or cultural considerations
- The appreciation should record the Standing Operating Procedures (SOP) for what and how items of protective clothing (e.g. paper suits, gloves and masks) must be used in relation to the scene and the body. Unless a specific reason exists to retain them, items of protective clothing should be placed in a bag and destroyed. The SOP for protective clothing used at a scene should be recorded once and thereafter scene staff may refer to the SOP, rather than recording every use or change of protective clothing.
Establishing if the body has been moved
It is not uncommon for movement of the body to have occurred during the initial stages of the police and other emergency services response. It is critical that crime scene attendees quickly establish what movement has taken place and that the OC Body record this information as soon as possible.
Where the body has been disturbed:
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.
Samples at the scene
Specimens should not be taken from the body unless consultation has occurred between attending ESR staff, the pathologist, the OC Investigation, Crime Scene Coordinator (or where one is not appointed, OC Scene) and Fingerprint Officer. Whether samples are taken at the scene will be decided by the OC Investigation. This is advisable where evidence would otherwise be lost or contaminated by moving the body, such as:
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 or other fragments
firearm residue samples.
Preparing for removal of the body
The body must be considered a ‘scene within a scene’ and as such, the OC Investigation is ultimately responsible for ensuring how the removal and examination of the body will be managed. The body must not be moved without specific authority from the OC Investigation. For cultural considerations before moving the body, refer to the ‘Cultural liaison’ section.
Recording details and removing the body
The steps in the table below detail the action to be taken when recording body details and removing a body from the scene.
Step
Action
1
Record the position of the body by sketch plan and direct a Police photographer to take photographs. Consider video recording or other imaging techniques.
2
In consultation with the Crime Scene Coordinator and/or OC Scene, consider marking and recording the position of the body before moving it, for example by measuring the distance from at least two nearby fixed features. Depending on the scene, this may not always be possible.
3
Record all details of the position of the body including:
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.
4
Important: Consider what health risks may be presented by handling the body. Further information on hygiene precautions is available in the Police Manual chapter ‘Sudden Death’.
5
Cover the hands, feet and head with paper bags, secured 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 as these may also leave marks on the body, i.e. false ligature marks.
If the use of a paper bag to cover a limb is not appropriate (eg. because the limb is wet), then a plastic bag may be used to protect potential forensic material. This decision should be made in consultation with the Crime Scene Coordinator/OC Scene and the OC Investigation.
Whilst being transported, any open wounds may shed blood into the bag placed over the head and obscure details of blood splatter/direction. Liaise with scene experts to determine and prioritise appropriate actions to record and preserve this evidence.
6
Ensure clothing on the body is not contaminated by contact with foreign objects.
7
Wrap the body in a plastic sheet and place it in a body bag.
8
Carefully search underneath where the body lay.
9
Retain, as exhibits, all sheets, bags or other materials used to transport the body.
10
Obtain approval from the OC Investigation to remove the body from the scene. The OC Investigation is responsible for ensuring continuity of all aspects of the investigation and the body must not be moved until the OC Investigation has given authority for its removal.
11
When directed by the OC Investigation, arrange a contracted undertaker to remove the body to the mortuary. Ensure you are able to account for the security and continuity of the body as an exhibit at all times, until the pathologist commences the post-mortem examination. Ensure that the undertaker uses a body bag which is sterile.
Appreciation prior to post-mortem
At the earliest opportunity, the OC Investigation, in consultation with the OC Body, must make an appreciation in respect of the post-mortem examination. These factors should be considered in the appreciation:
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.
Post-mortem examination
The primary role of the OC Body during a post-mortem is to observe, document and deal with exhibits associated with the body, in a structured, methodical manner.
The OC Investigation 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, to perform their role.
An OC Body checklist is included within the OC Body folder in the Serious Crime Template. This is an aide memoire to ensure all relevant post-mortem procedures are conducted and that all necessary samples are obtained.
The OC Body should pay close attention during the post-mortem and in consultation with the OC Investigation; consider each piece of information carefully to identify what deductions can be made and what significance it has for the investigation. It is important that at every stage, to ask the question: “So what? What does this mean?”
The OC Body must remain until the examination is concluded. Following the examination the pathologist will provide their findings during a debrief.
Purpose of a post-mortem
The primary reason for conducting a post-mortem examination is to establish the cause of death. The pathologist’s findings will provide further information to drive the investigation which may include:
determing 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.
Attendance at post-mortem
Section 38 of the Coroners Act 2006 prescribes who may attend a post-mortem:
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 (if authorised by the Coroner)
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 a Coroner.
Any doctor, nurse or funeral director attending (other than the authorised pathologist(s)), are not permitted to assist with the post-mortem and must observe only.
Police who should attend the post-mortem are:
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.
The OC Investigation must consider if any other experts may be able to add value to the investigation by attending the post-mortem examination, with the authority of the Coroner. The use of internal and external experts should be discussed with the Crown Solicitor, Pathologist and Coroner. Refer to ‘Use of experts’ in Part 2 of the ‘Homicide and Serious Crime Investigations’ chapter.
Particular consideration should be given to seeking authority from the Coroner for the following parties to attend the post-mortem:
ESR forensic scientist
Crown Solicitor.
The legal representative of any suspect who has been (or may be) charged must be informed of 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 any other representative) to attend on their behalf.
If the Coroner directs a second or subsequent post-mortem to be conducted, the same provisions will apply.
Use of other experts
Depending on the particular circumstances of each case, the OC investigation may consult other experts regarding the conduct of the post-mortem, such as:
Odontologist
Biologist
Medical illustrator
Toxicologist
Ballistics expert
Crime scene examiner
Entomologist
Anthropologist
Disaster Victim Identification.
Equipment
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:
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
Pol 265 Deceased Person Certificate
Pol 265A Deceased Person Identification
Exhibit packaging supplies including envelopes, tape, exhibit labels and numerous paper exhibit sacks of various sizes
Protective clothing i.e. 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
Firearms residue kit, if relevant.
Taking exhibits to the mortuary
Items found at the scene which are relevant to the post-mortem examination may need to be taken to the mortuary or to the pathologist for inspection. The exhibit must be properly packaged to avoid contamination, but also be clearly visible.
To avoid any potential contamination, weapons must not be taken to the mortuary until after the post-mortem examination has been conducted. The OC Body must maintain the continuity of any exhibit used in this way.
Cultural issues
Where applicable, the assistance of specialist advisors should be sought to assist with cultural issues relating to the victim or others involved in the investigation. This will assist the progress of the investigation, establish positive relations and avoid the potential for inadvertent offence being caused. For further information, refer Mäori, Pacific & Ethnic Services (MPES).
Mäori culture
In the case of homicide or serious crime involving a Mäori victim, an Iwi liaison Officer must be engaged as early as possible. This will support an understanding and awareness of the Mäori traditions, protocol and beliefs, and enhance relations between the investigation, family of the deceased and the Mäori community.
It is important that all persons attending death scenes, handling dead bodies and handling tissue samples derived from such post-mortem examinations should be sensitive to cultural and religious expectations. In particular all Police employees must be familiar with local Mäori needs and practices.
The Crown recognises the Treaty of Waitangi as the founding document of New Zealand, and is committed to fulfilling its obligations as a Treaty Partner. It is against this background that the Police and the Coronial Service must ensure that Mäori have culturally appropriate services that are maintained and administered when dealing with death scene attendances and handling of human remains.
Mäori place significant importance on all events leading up to, during and after death. Every part of the grieving process (Tangihanga) is of immense cultural importance and Mäori must be given the opportunity to bless the site of death before the body is moved. For Mäori certain parts of the body are tapu and there are differing degrees of tapu according to each body part.
The OC Body will be involved in aspects of an investigation that Mäori may find distressing, such as dealing with the body at the scene and attending the post-mortem examination(s). By developing an awareness of the needs of the Mäori culture and accommodating these wherever it is practicable to do so, the OC Body will contribute to building a positive relationship between the investigation team, the family and the Mäori community.
Further information on important ‘Tikanga Mäori’ (cultural values) that should be considered when dealing with Tupapaku (deceased persons) in the context of sudden death investigations can be accessed in the Police Manual chapter ‘Sudden death’: Mäori. Important Mäori cultural concepts relating to Koiwi (bones) can be accessed at ‘Sudden death’: Mäori (Koiwi: bones).
Cultural and religious attitudes to post-mortem examinations
Some cultures and religions hold strong attitudes to post-mortem examinations. For example Mäori custom dictates the deceased must be accompanied and kept spiritually ‘warm’ at all times until the burial. A post-mortem examination and keeping a body in a mortuary for an extended period may therefore cause extreme distress. For guidance on how to deal with cultural attitudes to post-mortem examinations, refer to the Police Manual chapter ‘Sudden death’.
On arrival at the mortuary
On arrival at the mortuary, the OC Body must:
Step
Action
1
Ensure mortuary staff do not wash the body.
2
Ensure the body is labelled and secured in the secure mortuary fridge.
3
Retain any key used to secure the body, until it is required for the post-mortem.
4
Ensure the body remains in its present condition until the commencement of the post-mortem.
5
Arrange formal identification of the body.
Formal identification
The OC Body is responsible for arranging formal identification of the body and for obtaining a statement of formal identification. Body identification procedures are detailed in the ‘Sudden death’ Police Manual chapter, under ‘Identifying the body’.
Identification 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 in a different geographic area to the one where the body was discovered. Identification will also be impractical after the body has been sealed in a body bag.
It is important those carrying out the formal identification are fully informed what is required of them and what they should expect to see when they view the deceased, particularly after a post-mortem examination has taken place.
Methods of identification
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:
fingerprints
DNA profiling (identification results take 3-4 weeks or 48 hours for urgent analysis)
dental records, available through the Region Forensic Dentistry Advisor
eye examination records
medical examination records, including scars, birth marks, implants or prosthetics, x-rays, surgical wounds, amputations and tattoos
personal effects
facial reconstruction.
A positive identification cannot always be established. The examination of the body for evidence of identity is a specialised task involving the pathologist and other experts. To assist in the identification of unknown victims, photographs should include the victim’s clothing, tattoos, marks and unusual scars. Care must be taken not to contaminate evidence when photographing clothing in the mortuary. Clothing can always be described in detail at the post-mortem and photographed after the examination.
Information through skeletal remains
When skeletal remains are found, a pathologist, with the assistance of a forensic anthropologist, can usually provide information such as:
Whether the remains are actually bones.
Whether the bones are human.
The age, gender, height and race of the person.
Briefing the pathologist
Before the post-mortem examination, the OC Investigation or deputy appointed by them, will fully brief the pathologist of the circumstances of the death and outline the plan for the post-mortem. The OC Body will attend this briefing and ensure they are aware of any specific samples the OC Investigation requires to be taken during the post-mortem.
The pathologist must be supplied with relevant information and material, i.e.
Copy of the Notification to the Coroner (Pol 47).
Medical Examination (MEK) kit.
Toxicology kit.
Medical records of the deceased, where available.
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.
Taking notes
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.
Stripping the body
The OC Body is responsible for securing all exhibits taken from the body, including the clothing, samples and all items of property associated with the body.
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.
Before entering the post-mortem examination room or handling the body, the OC Body and any other persons present must dress in protective clothing i.e. foot-coverings, latex gloves, overalls and face mask. It may be convenient to wear more than one pair of gloves so that as a pair becomes soiled or worn, the outer pair can be removed to reveal a fresh pair beneath.
At the commencement of the post-mortem, the OC Body will record the names and roles of any other persons present.
The OC Body must follow the steps outlined in this table, to ensure the body is stripped in the required manner.
Photographing the body
In addition to photographs taken at the scene, the OC Body must ensure the photographer at the mortuary takes sufficient appropriate photographs of:
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 being photographed, to make a permanent record of the dimensions of the feature.
In cases where it is appropriate, the OC Investigation will consult the pathologist regarding any other photographic records required; for example internal organs, radiological examination (x-rays) or Computed Tomography scans (CT or CAT scans).
Radiological examination should be considered where appropriate, i.e. in cases of suspected non-accidental injury in children, deaths involving the use of firearms or explosives, badly burnt or decomposed bodies or other applicable circumstances.
The three dimensional nature of CT scans may be of benefit to trace the path of bullets and in cases such as blunt force head trauma injuries. 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 at trial.
In some major forensic mortuaries CT scanners are not able to be readily accessed, with access only being practical outside of normal working hours. The CT scanners used for post-mortem scanning are based in hospitals where radiology staff will give priority to scans required for living patients. In cases where a post-mortem CT scan is required, these factors may need to be considered when the timing of the commencement of the post-mortem is being discussed with the forensic pathologist.
The pathologist is responsible for advising on the need for such examinations and for seeking the assistance of a consultant radiologist where necessary. In cases where police believe that CT scans or x-rays are necessary but the pathologist does not concur, any discussion involving the requirement for such procedures should be held only with the pathologist, at the OC Investigation or Manager: Criminal Investigations level.
In cases involving strangulation, Poly-light examination should be considered to aid location of fibres, bruises and/or fingerprints.
