Bully Flashcards
(35 cards)
ALIBI - When a Crown Solicitor directs Police to interview an Alibi witness, what action must the Police take?
- Enquiries- Veracity of alibi
- Enquiries- As directed by OC investigation or Crown.
- Forward the results of these enquiries to the CROWN including any statements obtained.
- Make enquiries of people other than the persons whose particulars have been supplied to confirm or rebut evidence in support of the alibi
- Complete enquiries to establish where the suspect was at the time of the offence, who they were with and what they were doing
- Wherever possible, corroboration of the alibi provided by the suspect should be sought from forensic or other sources that are independent of the suspect.
AREA CANVASS - A detailed master record of ongoing progress should be continually maintained and updated by OC Area Canvass showing.
- Addresses that have been visited
- Occupants that were interviewed
- Documentation completed.
- Any relevant comments made.
Other things to consider -
- Use of experts
- Use of aide-memoir or script
- Leaflets
- Medica
- Poster campaign
- Mail drop.
- High profile presence (using the booze bus)
AREA CANVASS -During a briefing for an area canvass what is the appropriate instruction to give staff who may speak to a witness who has evidence of possible probative value?
FWS not a notebook.
AREA CANVASS -How can the OC Area Canvas ensure that staff morale remains high? (2)
- regular feedback on the way canvas enquires are contributing to the progress of the investigation,
- updates on progress being made with other phases of the enquiry.
AREA CANVASS -List 4 things to consider that may benefit an area canvas
- use of experts - ILO’s etc
- use of aide-memoir and script - anything to ensure staff have everything they need. e.g. victim photographs
- Leaflets - especially for those reluctant to talk initially.
- other options:
- media
- poster campaign
- mail drop.
- high profile police presence. use mobile police base.
AREA CANVASS -Main Objectives for Area Canvass.
- identifying the offender
- identifying and locating evidence, such as vehicles, discarded clothing, weapons and other articles
- identifying witnesses
- gathering information.
AREA CANVASS -Other benefits for Area Canvass
- sightings of the victim or offender before or after the event
- sightings of relevant property or vehicles
- sightings of potential witnesses
- creating the opportunity for an early arrest through early identification of the offender
- obtaining key information to drive the investigation or develop lines of enquiry
- promoting awareness of significant occurrences
- eliminating unidentified vehicles or persons reported by other witnesses
- obtaining an accurate record of the local community.
AREA CANVASS -Upon the completion of the Area Canvas phase the OC Area Canvas must submit a report to the OC Investigation outlining the circumstances of this particular aspect of the investigation. What matters must the report contain? (3)
- Summary of all actions taken.
- Any significant findings highlighted.
- Attention drawn to any action that has been undertaken which was outside of the original phase strategy.
AREA CANVASS -Why is it important in some cases to conduct an area canvass at the same time as the original offence occurred?
To capture people who regularly pass through that area at that time of the day.
APPPRECIATION - 6 benefits of an appreciation.
- Informs all Police what they are expected to achieve
- Increases the chances of success, i.e. the investigative aims/objectives being met
- Establishes a sequence of activities to be carried out
- Manages risk
- Reduces uncertainty
- Eliminates duplication
- Ensures nothing is overlooked
- Effective use of resources.
APPPRECIATION - What are the steps in an appreciation?
- Aim - must be clear, concise, and accurate. short, one-line.
- Factors - any circumstance or fact that could affect the aim. Ask ‘so what’ over and over.
- Courses open - possible ways to achieve the aim. weight benefits/risks of each.
- Plan - clear and concise.
BODY - How can a body be identified when decomposed, dismembered or otherwise unsuitable for visual identification?
- Fingerprints
- DNA profiling
- Dental records
* Medical- including scars, birth marks, tattoos, amputations, prostheses, x-rays, surgical wounds.
BODY - Detail the responsibilities of the OC Body regarding exhibits taken from the body at the mortuary.
- Recording
- Labelling
- Sealing
- Securing all physical exhibits relating to the body, including samples taken during the postmortem.
- All exhibits must be packaged and sealed before leaving the mortuary without exception and will be recorded in a Scene Exhibits Schedule.
BODY - Appreciation- Prior to removing the body the OC Body should make an appreciation in respect of the body which considers the following factors (9)
- Notification/response – Coroner.
- Views of attending pathologist/ESR forensic scientist/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.
BODY - What are the responsibilities of OC Body? (10)
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.
- 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
Part 5 Homicide and serious crime victims
6/28 - 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.
BODY - When should the OC Body strip the body of clothing or personal effects?
Immediately before the postmortem, but only on specific direction of OC Investigation and after photographer has taken pictures
BODY - Who should be appointed OC Body?
An experienced investigator with awareness of forensic issues
BODY - At the conclusion of the postmortem, the OC Body must hand all exhibits to the OC Exhibits.
List the other three things that the OC Body must also provide.
- The post-mortem Scene Exhibit Schedule
- Copy of notebook entries by the OC Body
- Formal written statement
CHAIN OF CUSTODY - What is chain of custody and what needs to be recorded?
It is a log of who has had custody of an exhibit from the moment the exhibit is produced as evidence in court.
There must be a schedule which records the exhibits chain of custody and states.
- when they received custody of the exhibit and from whom
- where and how the exhibit was securely stored
- when, why and how the exhibit was moved from one place to another
- how the exhibit has been treated, safeguarded and preserved
- when and why they transferred custody of an exhibit to another person, and to whom.
CHAIN OF CUSTODY - Describe chain of custody and state the purpose?
The chain of custody includes every individual who has had custody of an exhibit, from the time it was first discovered until the time it is produced in Court. It is used to demonstrate the integrity, and therefore admissibility, of exhibits.
DISCLOSURE - What are the key responsibilities of the disclosure manager? (8)
a) Relevant + Discoverable= disclosure
b) Relevant + non-discoverable = List and advise.
c) ID non-discoverable= Don’t disclose.
d) Lawful justification withholds.
e) Robust auditable system to record disclosure.
f) Timeframes- Act/Court
g) Keep all correspondence with defence council.
h) NIA update.
DISCLOSURE- Key responsibilities disclosure manager
- Ensure disclosure provided.
- Ensure that when information isn’t provided there is a lawful reason to withhold it.
- Continue to ensure that reasons to withhold disclosure are legit.
Keep a good record of what has been disclosed
And keep a good record of what hasn’t been disclosed and why.
DISCLOSURE Initial action of Disclosure Manager when appointed to the role. (3)
- Read the Disclosure Managers desk file.
- Use IMT for investigation.
- Receive brief from 2IC - what is and is not discoverable.
DISCLOSURE Section 10(4) of the Criminal Disclosure Act 2008 governs the disclosure of material to the defence. What does this section state about how disclosure can be supplied?
It may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time the request is made, provided this is readily accessible to the defendant
