Investigation Flashcards
What are working rules otherwise known as, and where are these developed and learned from?
Heuristics, developed from on the job experience and learned from colleagues.
What do working rules provide?
A framework that guides understanding of situations faced and material required.
How does working experience affect working rules?
Working rules are limited by an investigators experience, which can impact on their ability to make decisions, and also cause difficulties when investigations are audited and performance judged.
How does the unconscious nature of working rules cause difficulties to arise?
Working rules become familiar to investigators, so they aren’t always aware when they are using them - which can make to explain the rationale behind a decision to others.
What knowledge should an investigator’s decision making be based on?
The legal framework, characteristics of crime and national policies and procedures.
What is the sequence of reasoning from which good decisions can be reached?
- Acknowledge
- Identify, Isolate, Analyse
- Objective
- Information
- List
- Compare
- Plan
What are three factors that may adversely affect the quality of decision making?
Individual bias, verification bias and availability error.
What is individual bias, and give an example of this.
When decision making is affected by an individual’s perception of people/places/situations. An example would be making decisions based on the belief that a particular person is the offender, because of their criminal history.
What is verification bias, and give an example of this.
When thinking is channel towards focusing on making decisions that support a particular point of view or outcome. An example would be overlooking lines of enquiry because a witness has tentatively identified someone who may be the offender.
What is availability error, and give an example of this.
When an investigator makes decisions based on material that is vivid and dramatic, but perhaps not reflective of the scope of material available. An example would be focusing on a victims account and overlooking the collection of forensic evidence.
How can investigators avoid error in decision making?
Adopt a disciplined approach to decision making, actively challenge their own reasoning and have important decisions examined by a supervisor.
What is the Appreciation Technique, and what are the steps involved?
The Appreciation Technique is a cognitive tool that can be used to help take a disciplined approach to decision making. The steps are:
- Aim/Objective
- Factors
- Courses Open
- Plan
Define the Aim/Objective step of the Appreciation Technique.
An Aim/Objective is a short statement of intent, beginning with a verb, and should be brief and concise.
Define the Factors step of the Appreciation Technique, and give some examples of factors.
A factor is a statement of truth that has some bearing on the investigation. All factors pertaining to the investigation must be exhaustively examined (using the “so what” technique) so that all possible inferences that can affect the investigation are drawn. Examples could be the seriousness of the offence, available witnesses or material located.
Define the Courses Open step of the appreciation process.
Options that can be identified after having assessed the factors and their deductions, and are based on these. There may be many, which must be carefully examined and evaluated.
Define the Plan step of the appreciation process.
Select appropriate courses for attention and plan action to take. Review this in terms of effectiveness, proportionality, achieveability, SELF test etc.
What are the two forms of written appreciation, and the difference between them?
Full appreciation for high level or tactically difficult problems, and short for urgent or pressing problems requiring immediate attention.
When should a written appreciation be completed?
When there are several points to consider, and some may be overlooked if the process is not written down, and when a clear picture is desired to present a logical argument.
What are the four key areas that underpin investigation?
Core legislation, characteristics of crime, national policies and procedures, investigative techniques.
With an investigative mindset, an investigator knowingly…
Applies a principled approach to the collection and evaluation of material.
Uses logical and deductive reasoning techniques to progress the investigation.
Makes investigative decisions appropriate to the case at stages throughout the investigative process.
Evaluates and validates their decision making to others.
What are the two methods of criminal investigation, and how do they start?
Reactive, which responds to the discovery of a crime, and Proactive, which starts with information indicating that an individual or group is engaging in criminal activity.
What are the stages of criminal investigation?
Instigation, initial evaluation, investigative evaluation (further investigation), suspect management, evidential evaluation (further investigation), charge, file preparation, court.
What is Material?
Anything obtained in the course of an investigation that has some type of bearing on the offence, the suspect or the surrounding circumstances of the case.
Name the three different types of material, and define them.
Information, which reveals basic facts about the incident such as date, time and place. Intelligence, which is analysed together with other material to provide a broad idea of a pattern of offending or possible subjects. Evidence, which is used in court to show that a particular subject was involved in an incident.
Explain the main points of subpart 1 of part 2 of the Evidence Act 2006 (hearsay evidence)
States that a witness cannot offer as evidence a statement made by someone else, unless the person who has made the statement is a witness before the court and has already offered the statement that they made as evidence. Case law states that implied assertions are not hearsay evidence (I.e. Producing as evidence unanswered text messages on the defendants cell phone that imply the sale of methamphetamine by the defendant). Hearsay evidence can be admissible if it is not offered to prove the truth of the statement, but rather to offer context to the situation (case law). Other acceptable hearsay evidence is that which is offered with regard to a persons state of mind at the time of the statement, when that person is deceased when the matter goes before the court.
Explain the main points of subpart 2 of part 2 of the Evidence Act 2006 (statements of opinion and expert evidence)
Statements of opinion are generally inadmissible as evidence unless they are feelings described by a witness as a statement of fact, or unless that opinion is necessary to enable communication or understanding of what the witness perceived. However, this does not apply to topics that are deemed to require an “expert” - lay opinions only. Expert opinions are admissible when the court will receive substantial help in understanding the evidence given by both the expert and other witnesses. Experts must conduct themselves according to the rules of the court unless otherwise permitted by the judge.
Explain the main points of subpart 3 of part 2 of the Evidence Act 2006 (Defendant’s statements, improperly obtained evidence, silence of parties, admissions)
A defendant’s statement is admissible against that defendant, but not a co-defendant. Unreliable statements and statements deemed to be influenced by oppression can be excluded at the judges’ discretion depending on the circumstances. Improperly obtained evidence may be excluded by the judge if they determine that its’ exclusion is proportionate to the impropriety in obtaining it. Prosecution may not rely on evidence that is offered by other parties (eg the incriminating statement of a co-defendant). Guilt may not be inferred by the defendant exercising their right to remain silent, and only the defendant, their counsel or the judge may comment on this. Evidence of admissions can be offered in civil proceedings by a witness who saw/heard/perceived the admission being made, or if that admission is in a document. The hearsay rule applies unless the third party consents to the evidence being offered.
What is “improperly obtained” evidence?
Evidence obtained in consequence of a breach of any enactment, by a person to whom section 3 of the bill of rights act 1990 applies, in consequence of a defendants’ statement which would be inadmissible in court, or unfairly.
Explain the main points of subpart 4 of the Evidence Act 2006 (Previous consistent statements)
A previous statement of a witness that is consistent with that witnesses’ evidence is not admissible unless to prove a challenge to the witnesses accuracy, provided the statement is reliable and/or the statement provides the court with information that the witness is unable to recall.
Explain the main points of subpart 5 of the Evidence Act 2006 with regard to veracity.
Evidence as to a person’s veracity may not be offered unless it is substantially helpful, however, evidence as to the facts in issue contrary to the evidence offered by the witness may be put forward. A defendant may offer evidence regarding their own veracity, after which the prosecution may comment on it, unless special permission is given by the judge. A defendant may offer evidence to the veracity of a co-defendant if they notify the co-defendant in writing - but this may be waived by the judge.
Explain the main points of subpart 5 of the Evidence Act 2006 with regard to propensity.
Propensity evidence may be offered when in accordance with the propensity rules. A defendant may offer propensity evidence about themselves, after which other parties may also offer propensity evidence, with the permission of the judge. A defendant may offer propensity evidence with regard to a co-defendant when it is relevant to their own defence and they have the permission of the judge. They must also have notified the co-defendant in writing of their proposal to offer that evidence, including the content of the evidence and be given in sufficient time for the co-defendant to have a fair opportunity to respond. The prosecution may offer propensity evidence about a defendant if that evidence has probative value without unfairly prejudicing the defendant, with the permission of the judge.
Explain the main points of subpart 5 of the Evidence Act 2006 with regard to sexual cases.
No question may be put to a witness regarding their sexual experiences with any person other than the defendant, unless the defendant is party to a sexual offence committed by that other person, or if exclusion of evidence obtained as a result of these questions would be contrary to the interests of justice, with the judges permission. No evidence may be given in sexual cases that relates to the reputation of the complainant.
Explain the main points of subpart 6 of the Evidence Act 2006 (identification evidence).
- If formal procedure is followed, that evidence of the defendant’s identification is admissible.
- If formal procedure is not followed, the evidence is inadmissible unless prosecution can prove beyond reasonable doubt that the ID is reliable.
- Voice ID unreliable unless proved as reliable by prosecutions.
- the Court must bear in mind mistakeness on the part of the witness if the defendant disputes ID evidence.
What is formal procedure for obtaining visual identification evidence?
- Observed as soon as practicable.
- Compared to no less than 7 others similar.
- No indication given.
- Identifier informed offender may not be there.
- Subject to written record by officer that procedure is true and complete.
- Subject to pictorial record of what the witness looked at is certified is true and complete by conducting officer.
- complies with any further regulations under s201.
What are good reasons for not following visual ID procedure?
- Refusal on the part of the person to be ID’d.
- Singular appearance of person to be ID’d.
- Substantial change in appearance.
- No anticipation of ID issues at trial.
- ID reported soon after offence reported.
- ID made to officer after chance meeting.
Explain the main points of subpart 7 of the Evidence Act 2006 (evidence of convictions).
- When the defendant in a civil proceeding has been convicted of a relevant offence, proof of that conviction is proof that the person committed the offence unless there are exceptional circumstances.
- In a proceeding for defamation that is based on a statement to the effect that a person has committed an offence, proof that the person has been convicted is proof that the person committed the offence if the conviction exists at the time the statement was made/proceeding was in progress.
- When the defendant in a criminal proceeding has been convicted of a relevant offence, proof of that conviction is proof that the person committed the offence and is admissible unless excluded by another provision of the Act.
- Evidence of a judgement in a civil proceeding is not admissible in a criminal proceeding or another civil proceeding.
Explain the main points of subpart 8 of the Evidence Act 2006 (interpretation/procedure/privilege).
- A judge may order evidence not to be given if privileged, confidential or relating to matters of State.
- A person who has a privilege conferred in respect of a communication or information has the right to refuse to disclose it in a proceeding.
- Communication with legal advisers is privileged.
- Communication with ministers of religion is privileged.
- Communications with mediators of settlement negotiations is privileged.
- Preparatory materials for proceedings is privileged.
- Information obtained by medical practitioners and criminal psychologists is privileged unless required by order of judge/other lawful authority.
- Information that is self-incriminating is privileged.
What determines whether material will become information, intelligence or evidence? Example?
The use to which it is put. For example, a CCTV recording can be used as information to ID: time, location, circumstances, numbers; intelligence if it is analysed together with other material to ID trends; and evidence if it is used in Court.
Why would material be gathered by officers if it is inadmissible in court?
It might be valuable to other investigative activities such as generating lines of enquiry, which may then in turn produce other relevant, reliable and admissible material.
What are the 5 Principles behind applying the Investigative Mindset?
1: Understand the Source of Material
2: Plan and Prepare
3: Examine all Material
4: Record and Collate
5: Evaluate
Why is Principle 1 (understand the source of material) important to the Investigative Mindset?
Because having knowledge and understanding of the origin of the material collected is essential to be able to effectively examine it and to explain its characteristics and relevance to others.
Why is Principle 2 (plan and prepare) important to the Investigative Mindset?
Because it covers the collection of material, which is crucial to the case. It is essential that material is gathered ASAP, and that it is gathered in the best way possible to maximize it’s quality and quantity. A plan needs to examine sources of material (re-interview, NIA, agencies, scene exam etc) and should identify: how it’s collection will be maximised; policy/procedure will be addressed; specialist expertise utilized; and that the collection is carried out in the most appropriate location.
Why is Principle 3 (examine all material) important to the Investigative Mindset?
Material must be examined to ensure that immediate action is taken to make sure it is of good quality and preserved, it is reliable, relevant records are made and it is appropriately stored. There are three areas of examination: Interpret, clarify and challenge.
Under Principle 3 of the Investigative Mindset (examine all material), why is it important to “Interpret”? What would be an example of interpretation?
Because when an investigator interprets material, they draw inferences or logical conclusions about the use of that material in the investigation. Additionally, the more material is gathered, the easier it is to draw inferences about how useful it will be. Interpretations should be straightforward enough that you can explain them to others and be open to considering other opinions. An example of interpretation would be that the offender in a burglary entered through a window, because it had been forced from the outside.
Under Principle 3 of the Investigative Mindset (examine all material) why is it important to “Clarify”? What would be an example of clarification?
It is important to clarify because any inconsistencies or ambiguities in the material will be identified and explained. Clarification may involve testing the material against other material already gathered, or identifying how further material can be gathered that will clarify it. An example of clarification would be if the time on the CCTV recording of an offence does not match that given by a witness, so the clock on the CCTV system is tested for accuracy. This then either confirms or casts doubt on the witnesses reliability.
Under Principle 3 of the Investigative Mindset (examine all material) why is it important to “Challenge”? Acronym?
The nature of material can be rather dynamic in terms of it’s reliability and the version of events that it appears to support - this is why it continually needs to be challenged, and treated as potentially wrong or misleading in order to show inconsistencies. The ABC acronym sums this up:
Assume nothing
Believe nothing
Challenge everything.
Prima facie assumptions should never be made, material should never be accepted without question and the search for corroboration is essential.
Why is Principle 4 (Record and Collate) important to the investigative mindset?
Because decisions need to be made about records, storage, security, access and disclosure conditions following the examination of material - details in “Investigation” in the online Police Manual.
What does applying the Investigative Mindset to the collection of material ensure?
- Maximum amount of material is gathered
- Reliability is tested ASAP
- Immediate action is taken in relation to it
- Relevant records are made
- Material is appropriately stored
- Logical deductions are made
Why is a formal evaluation conducted with regard to material gathered during an investigation, and what are the three types of formal evaluation?
To provide a step back to take a purposeful and critically reflective view of the investigation. The three types are Investigative Evaluation, Evidential Evaluation and Self/Peer Evaluation - these types may be carried out more than once during an investigation (same method).
What does an “Investigative Evaluation” of material gathered during an investigation determine?
- What is known
- What is not known
- Consistencies
- Conflicts
What does an “Evidential Evaluation” of material gathered during an investigation determine?
- The overall strength of the case
- Whether sufficient evidence exists against the offender to proceed to charge
What does a “Self/Peer Evaluation” of material gathered during an investigation determine?
- Review of assumptions and decision making
- Records organisation and management information
- Information communication and dissemination
- Lessons learnt
- Also a critical component of the practice of professionals.
What are the key differences between investigative and evidential evaluation?
During an investigative evaluation, all available material is evaluated, even though it may not be evidentially admissible. During an evidential evaluation, the strength of the case is evaluated taking into account only the evidentially admissible material.
What is the process for the evaluation of material?
Objectives —> Material (Relevance, Reliability, Admissibility) —> 5WH + H (Knowledge) —> Outcome —> Lines of Enquiry —> Objectives
How does the emphasis on the parts of the evaluation process change during the course of the process of evaluation of material?
In the early stages of an investigation, greater emphasis should be placed on investigative evaluation to provide information and impetus to the investigation. At later stages (esp. Suspect management), the emphasis will shift towards ensuring that the case is evidentially robust for prosecution.
What must be done to all outcomes of material evaluations?
Recording, even when it is not possible to identify further investigative action or when all existing lines of enquiry have been exhausted.
What are the 5 steps that should be followed when undertaking an evaluation of material?
1 - Set a purposeful objective 2 - Filter the material 3 - Organise knowledge 4 - Test interpretation 5 - Consider hypotheses
Explain the first step that should be followed when undertaking an evaluation of material (Set a purposeful objective)?
The material collected should be reviewed to determine what questions/problems can be identified.
Explain the second step that should be followed when undertaking an evaluation of material (Filter the material)?
For an investigative or evidential evaluation, the material should be examined through the filters of relevance, reliability and admissibility.
When undertaking the second step of an evaluation of material (filter the material), what is the “relevance” filter?
Whether or not the material has any bearing on the investigation, persons being investigated or on the surrounding circumstances of the case - it is relevant unless it is incapable of having an impact on the case, so a wide view should be taken and as much material as possible evaluated. Material should only be excluded as irrelevant after careful consideration and/or consultation with others.
When undertaking the second step of an evaluation of material (filter the material), what is the “reliability” filter?
The reliability of the material may have already been established at the collection stage, but it is prudent that this reliability is reviewed throughout evaluation to ensure problems have not been overlooked. It also provides the opportunity to revisit decision making around other factors such as witness reliability and previous offending, and ensures independent corroboration of the evidential material.
When undertaking the second step of an evaluation of material (filter the material), what is the “admissibility” filter?
This filter helps ensure that the maximum amount of material will be available to the Court. This may require consultation with others, forethought and planning to maximise the material that will be accepted as evidence.
How is reliability of material weighted?
Material that can be corroborated by an independent source of material will have high reliablility. Material that can only be corroborated by a non-independent witness
Explain the third step that should be followed when undertaking an evaluation of material (Organize Knowledge)?
Organizing the material collected in such a way that gaps from which potential lines of enquiry may be identified, and optimum information can be extracted. 5WH+H formula and a gap analysis matrix is a useful way to do this, as it can also identify conflicts, inconsistencies and pre-empt problems, as well as formulate new questions and leads for enquiry.
Explain the fourth step that should be followed when undertaking an evaluation of material (Test Interpretation (review))?
There are a number of forms of review for decision making. These are: self, peer, expert and formal. For serious/major crime, early consultation with a Crown prosecutor should also be considered.
Explain the fifth step that should be followed when undertaking an evaluation of material (Consider Hypotheses)?
Deliberate creative thinking that builds a scenario to best explain the available material, used in occasions where the material available does not identify the action that may be taken to further the investigation. They should be specific and based on the gap or conflict in evidence, be a reasonable interpretation and offer the most logical explanation of the facts as they are known.
Why would an investigator use hypotheses when undertaking an evaluation of material?
To identify additional material or intelligence that would locate the “missing link” in the case. Refer burglary fingerprint hit/no laptop found example in notes.
What two things must any person dealing with a victim do under Section 7 of the VRA?
Treat the victim with courtesy and compassion and respect the victim’s dignity and privacy.
What must a victim (or a member of a victim’s family) who requires services have under Section 8 of the VRA?
Access to those services.
What are a victim’s rights with regard to restorative justice under Section 9 of the VRA?
If a victim requests to meet with an offender to resolve issues related to the offence, court staff/police/probations must request that this is arranged by an appropriate person.
What are a victim’s rights with regard to restorative justice under Section 9 of the VRA?
If a victim requests to meet with an offender to resolve issues related to the offence, court staff/police/probations must request that this is arranged by an appropriate person.
Are Sections 7, 8, and 9 of the VRA (dealing with victims, victims who require services, victims rights with regard to restorative justice) enforceable?
No.
What information must a victim be given as soon as practicable after an offence under Section 11 of the VRA?
That of programmes, remedies or services available to the victim through the agency (be it NZP, ACC, Corrections, etc)
What information about proceedings must a victim be given under Section 12 of the VRA?
Progress of investigation, charges laid or reasons why not and any changes, the victim’s role as a witness, any court orders prohibiting identification, dates and places of events, outcome of prosecution.
When can the information required to be given to a victim be limited under Section 13 of the VRA?
If there is a good reason for withholding the information under the Official Information Act, eg where it may prejudice the right to a fair trial. Does not affect other enactments that prohibit the making available of information.
Who else can the information required to be given to a victim be given to under Section 14 of the VRA?
The victim’s support person if the victim cannot receive it, is not capable alone of understanding it, or has in writing nominated the support person to receive it and they have given their current address.
What are the victim’s rights with relevance to the Privacy Act, in relation to Section 15 of the VRA?
No person may interfere with the privacy of a victim contrary to the Privacy Act - this is not limited by Section 7.
What does the VRA direct around the disclosure of victims contact details (Section 16)?
That they may only be given in evidence or the information provided to the court with the leave of the judicial officer, who in turn will only grant leave if the information is directly relevant and it’s evidential value outweighs any prejudice to the victim’s interests or harm to the victim - but this does not apply if it is necessary in order to fully and fairly inform the Defendant of the nature of the charge.
What is the purpose of a VIS and what information must it contain under the VRA?
For the victim to tell the court and the offender about the effects of the offending and so they can understand the victims views. The VIS must detail any harm of any type suffered by the victim, and any loss of or damage to property - as well as any other relevant effects.
Under Sections 18 and 19 of the VRA, what is the procedure for ascertaining information from a victim (in relation to a VIS)?
18 - They must be told the information is for a VIS, and is true, recorded and verified.
19 - must be written or recorded in another way (eg audiotape), and verification may be done by the victim or another person on behalf of the prosecutor.
Under section 20 of the VRA, who else may be treated as a victim in relation to a VIS?
A person who was disadvantaged by an offence, from whom information on the effects of the offence has been ascertained, or another person who is not the victim, person accused of the offence or the offender.
What does Section 21 of the VRA state with regard to the use of a VIS?
VIS may be used for sentence indication when prepared and requested by the court, and also to the judicial officer sentencing the offender in the form which it was recorded.
What does Section 22 of the VRA state with regard to reading a VIS to the court?
A victim may request to the judicial officer to have part or all of a VIS read to the court (or presented in another manner) by the victim, the prosecutor or a person nominated by the victim who is not the accused or offender for that or a related offence. The judicial officer must agree unless it is inappropriate because of the number of requests made, the age/maturity of the offender, the content of the VIS being inconsistent with their purpose, or concern about disruption to the proceedings. The weight given to the VIS by the judicial officer is relevant to whether or not it is verified and the date of this verification or any other matters.
Under Section 23 of the VRA, may an offender be given a VIS to keep?
No.
What must be done with copies of the VIS made for use during court proceedings under Section 24 of the VRA?
They must be returned to a member of court staff.
Under Section 25 of the VRA, why would a judicial officer withhold part of a VIS from an offender?
To protect the physical safety or security of the victim concerned.
If a judicial officer withholds part of an VIS under Section 25 of the VRA (to protect the victim’s physical safety or security), can they take into account the part of the VIS that has been withheld?
No.
What can the judicial officer direct with regard to a VIS under Section 27 of the VRA?
Conditions that relate to disclosure/distribution, that may be necessary for safety/welfare/privacy, around copying, who the statement may be given to, publishing of the statement, or any other directions that may be necessary and/or appropriate in the circumstances.
What are the directions around victim’s views on an application for order prohibiting the publication of names of the accused/offender under Section 28 of the VRA?
The prosecutor must make all reasonable efforts to ascertain these views, and inform the court of them.
What is a victim?
A person against whom an offence is commited.
A person who suffers physical injury, loss or damage to property as the result of an offence committed by another.
A parent or legal guardian of the above.
A member of the immediate family of a person who dies or is rendered incapable as a result of an offence committed by another.
Is someone who has been charged with/convicted of/pleads guilty to an index or related offence when that offence has been committed by another, a victim?
No.
Who is only a victim for the purposes of Sections 7 and 8 of the VRA (treatment of victims and access to services)?
Person who suffers emotional harm as a result of an offence committed by another.
Parent or legal guardian of a child as above (unless they are the offender).
A person who has experienced domestic violence.
Child or young person living with someone who has experienced domestic violence.
Who is defined as a “support person” for a victim under Section 4 of the VRA?
Spouse/civil union/de facto partner
A person who the victim nominates in writing (not the offender)
Parent/close relative/legal guardian
Social Worker, if child/young person victim is in the care of CYFS
Welfare guardian/property manager under Protection of Personal Property Rights Act
Attorney appointed by the victim under a power of attorney.
What are the typical short-term victim reactions?
“Frozen flight” and “Fight or Flight”
What are the signs and symptoms of the “frozen flight” short term victim reaction?
Similar to shock - numbness, inactivity, fainting, nausea/vomiting, staring into space etc
What are the signs and symptoms of the “Fight or Flight” short term victim reaction?
Hysteria, agitation, hand wringing, screaming/crying, hyperactivity, etc.
What are the typical long-term victim reactions?
Anger, fear, frustration, confusion, guilt/self blame, grief/sorrow.
What are the general instructions around responding to victim reactions?
Encourage victims to express their feelings and that those feelings are normal and natural. Be careful not to appear threatening, listen while they tell their stories, be non-judgmental and have a warm and caring manner. Empower victims by letting them make their own choices.
What are the general instructions around responding to victim reactions?
Encourage victims to express their feelings and that those feelings are normal and natural. Be careful not to appear threatening, listen while they tell their stories, be non-judgmental and have a warm and caring manner. Empower victims by letting them make their own choices.
What is Victim Focus, and what is it’s aim?
One of the Policing Excellence work streams and part of the Prevention First operating strategy. The aim is to reduce repeat victimisation by making victims the primary focus of the Police response. This involves a victim history scorecard, the graduated response model, an emphasis on victim contact and a process for an inter-agency response for high-risk victims.
What is the Victim History Scorecard, and how long is victimisation history retained?
Calculated score in NIA based on number and seriousness of offences, offender recidivism and repeat crime types. Degrades over 12 months from the time of occurrence until it reaches 0, however complete victimisation history is retained for 5 years.
What is the Victim History Scorecard, and how long is victimisation history retained?
Calculated score in NIA based on number and seriousness of offences, offender recidivism and repeat crime types. Degrades over 12 months from the time of occurrence until it reaches 0, however complete victimisation history is retained for 5 years.
What is the graduated response model?
Bronze/Silver/Gold practice standards for Police to determine appropriate responses with victims, but is overridden by emergency operational response (then GRM is a follow-up).
What are the general instructions around victim contacts?
They must be recorded in NIA and should happen at each stage in the case management cycle. For longer term interventions a VIP must be created, which will trigger an inter agency response.
What steps must be followed by Police employees in all cases involving victims?
1 - Find out if a victim has been a victim before.
2 - Apply GRM, giving prevention advice.
3 - Capture accurate details.
4 - Enter into NIA.
5 - Follow case management principles.
6 - Comply with VRA.
7 - Use tasking process to assign prevention tasks.
8 - Create/manage case plans for victims.
What is the victim notification system?
The process set up by agencies to notify registered victims of serious offences who wish to be notified about the status of the Defendant, but it is only for victims of s29 VRA offences. Victims must be informed of their right to be notified by the O/C file ASAP, and the POL 1065 notice should be given. Either the victim can be given the corresponding notices regarding the offender, or these can be received by a representative of the victim.
What are the general rules around bail applications for S29 offences?
Whether or not the victim is on the notification register, police must make all reasonable efforts to obtain the victims views on bail are obtained, the court is informed of these views and the victim is advised of the outcome of any bail hearing.
What are the general rules around bail applications for S29 offences?
Whether or not the victim is on the notification register, police must make all reasonable efforts to obtain the victims views on bail are obtained, the court is informed of these views and the victim is advised of the outcome of any bail hearing.
What are the general guidelines around responding to incidents involving victims?
Ensure safety. Determine medical needs, and establish if an offence has been committed. Establish who is a victim and ascertain their needs before providing relevant advice and explaining what Police are doing. Provide support, and follow guidelines set for sexual assaults and child victims. Offer assurance of protection and if you are present at their address advise how to make repairs/insurance claims and crime prevention advice.
What are the general guidelines around the initial interview of a victim?
Keep suspect and victim separate. Keep people away who are unnecessary. Use approved translation services. Ascertain whether s29 offence has been committed. Take a VIS. Establish victim’s needs and provide relevant advice. Arrange VS. Give contact details. Be honest when advising if there are no further lines of enquiry. Advise regarding the possibility of reparation.
What are the guidelines around crime scene examination and victims?
Lengthy delays by examiners/photographers should be avoided. Items should be handled carefully, newspaper should be placed down and any mess cleaned up. Bodies should be screened and removed ASAP or as per the instructions of the OC case.
What are the guidelines around following victim procedures after an arrest?
Victim contact node must be updated. OC must inform about progress of investigation and victims role as a witness. CSV1 needs to be completed as well as a POL1065 if it is a s29 VRA offence. Victim must be advised of court proceedings.
What are the guidelines around dealing with victims of offences where there is no arrest or suspect identified?
The victim should be advised as to whether Police will be making an active enquiry into the matter, the reason for this and how any enquiries will be carried out, as well as if a suspect is located but police decide not to arrest or otherwise prosecute.
