Aug 2014 Flashcards

Question

What is the Presumption of Possession - MODA

Answer 1

Section 6(6) of the Misuse of Drugs Act 1975 creates a presumption of law that if a person has possession of a specified amount of any drug, that person will be presumed to have that drug for one of the purposes set out in s6(1)(c), (d) or (d), unless they can prove otherwise. The presumption that the drug is for sale or supply may be rebutted if the person is able to prove, on the balance of probabilities, that they did not intend to commit a ‘dealing’ offence, notwithstanding the amount. For example, the defence may argue that the suspect was heavily addicted and required large amounts for personal use.

Answer 2

In a sex case, R v Harpur, the defendant was involved in a series of text messages with a woman in which he described, in explicit detail, sexual acts that he wanted to perform on the woman’s 4-year-old niece. He arranged for the girl to be brought to him for that purpose, however when he turned up at the agreed time and place he found that the girl did not in fact exist, and the arrangements were part of a ‘sting’ operation by Police. Harpur was charged with attempted sexual violation of the mythical girl, as well as numerous sexual offences relating to other children. In concluding that Harpur’s conduct was sufficiently proximate to the full offence, the Court of Appeal held that his actions need not be considered in isolation; sufficient evidence of his intent was available from the events leading up to that point. R v HARPUR [The Court may]”have regard to the conduct viewed cumulatively up to the point when the conduct in question stops ... the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done ... is always relevant, though not determinative.”

Answer 3

1. Before the MEK is sealed, the attending officer debriefs with the practitioner asking them to: - Advise on any immediate needs of the victim - Verbally summarise the exhibits and advise their possible significance - Identify any forensic items that need to be taken to ESR, ASAP for analysis - Identify any non-intimate injuries that should be photographed - Identify any significant disclosures made by the victim during the examination which - May be useful in the Police Investigation - In the case of s presence and hands over the MEK, tox kit and clothing removed, bagged, labelled during exam.Dr keeps original. * ********************************* 3. Police secure the sealed kit in an appropriate refrigerator until delivery to ESR * ********************************* 4. Collect and preserve any clothing worn by the victim not already bagged by practitioner. Package, label each item of clothing separately.

Answer 4

Re-ass and consider what further investigative procedures are appropriate..... - PUBLIC SAFETY - likelihood of a similar/connected further offending - SECURE/preserve fragile or diminishing evidence - SECURE/contain Crime Scene - IDENTIFY/locate witnesses - DETECTING/apprehending suspects ************************************************* - Consider whether a recent photograph of the victim is necessary for evidential purposes - If Police require the victim's clothing for examination, ensure a suitable change of clothing - Regardless of whether further investigative actions are to be taken or a formal complaint made, ensure the victim is advised of the specialist services available to them,

Answer 5

ESTABLISH if a crime has been committed ESTABLISH the crime's key elements and provide the facts for the basis of an inquiry IDENTIFY the suspect and place them in contact with the victim or scene IDENTIFY people associated with the crime CORROBORATE or contest witness and victims accounts CORROBORATE or exclude other evidence relating to the crime or incident EXCLUDE possible defences EXONERATE the innocent VERIFY confessions and admissions

Answer 6

Handlers and Co-Handlers must: MANAGE - To avoid exposure carefully plan for and MANAGE the impact that large sums of money may have on the CHIS. AVOID creating expectations on the part of the CHIS in relation to the level reward PAID - Ensure rewards are PAID as per policy and the receipt forwarded to OC HSMU SUBMIT applications for rewards and ancillary expenses

Answer 7

MAINTAIN contact with witnesses to ensure they are available for court ATTEND - Ensure that the witnesses attend court and see to their welfare ADVISE the 2 IC Investigation of any witnesses seeking name suppression, so they can inform the crown prosecutor REPORT any instances of threats, intimidation/interference with witnesses, so that appropriate action can be taken INTERPRETERS - Arrange court interpreters NOK - Ensure victims NOK are informed of the progress of the enquiry & pending court case EXPLAIN court procedures to witnesses REFRESH - allow witnesses to refresh their memories from their statements SUMMONS witnesses to prelim hearing and arrange their attendance at the trial.

Answer 8

Warrantless entry and search of VEHICLE for evidential material relating to certain offences A constable may, without a warrant, enter and search a vehicle that is in a public place: 1. If the constable has RGTB 2. EVIDENTIAL MATERIAL relating to an offence punishable by imprisonment for a term of 14 years or more 3. Is in or on the vehicle *************** Section 45 Restrictions on some trespass surveillance and use of interception device (1) Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence— (a) that is punishable by a term of imprisonment of 7 years or more; or (b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983 (2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence— (a) that is punishable by a term of imprisonment of 7 years or more; (b)against section 44, 45, 50, 51, 54, or 55 of .

Answer 9

STRIPPING THE BODY 1. The body must ONLY be stripped in the PRESENCE of the pathologist. 2. REMOVE the body from the secure mortuary fridge and assist mortuary staff to take the body into the post-mortem examination room. 3. REMOVE the body from the body bag, causing MINIMAL DISTURBANCE disturbance to the body. 4. EXHIBITS - Take possession of the body bag and any sheets or wrappings used to transport the body, as exhibits. 5. If necessary, DIRECT the Police photographer to take additional photographs to ensure that appropriate and SUFFICIENT PHOTOS OF THE BODY are taken BEFORE clothing is removed, and again after the body is disrobed. The PATHOLOGIST will LEAD direction of the photographer. 6. REMOVE items of CLOTHING from the body. Mortuary technicians may assist to removing clothing, but only under the supervision and direction of the OC Body. · CUTTING clothing off the body SHOULD BE AVOIDED, but may be necessary in some cases. If unavoidable, CUT in areas where EVIDENCE IS LEAST is least likely to be present. · Search clothing POCKETS and make an inventory of each of the pocket contents. 7. Make an INVENTORY of clothing and possessions, as each item is removed. 8. LABEL each item of clothing and each possession. 9. SEAL each item in a separate paper BAG or CONTAINER. 10. Ensure exhibits DO NOT CROSS-CONTAMINATE each other by coming into contact with one other. 11. MAINTAIN SECURITY AND CONTINUITY of the body and exhibits taken from the body, until the post-mortem examination commences. 12. In cases involving OBVIOUS HEAD TRAUMA, before blood and debris is washed from the body, particularly the head hair, consider placing a FINE SIEVE in the mortuary table drain hole to COLLECT trace evidence that may have been transferred

Answer 10

.Joint Investigation Plans must agree to: · who is involved in the case · what they will do · when they will do it

Answer 11

.PREPERED RCS The role of the O.C Exhibits is flexible. In a routine investigation they may be responsible for locating, uplifting and labelling the exhibits. PRODUCING the relevant exhibits in court RECEIVING the exhibits ENSURING they are labelled by finder and accompanied by a POL 268 PREPARING the exhibits for production in court ENSURING that exhibits are uniquely numbered RECORDING all exhibit movements ENSURING that the continuity of evidence is maintained DELIVERING the exhibits for examination or analysis RECORDING the exhibits in the Exhibit register CONSULTING with the 2IC on the relevance of exhibits and indicating any further enquiries for production in court. SECURING the exhibits

Aug 2014 Flashcards

(39 cards)