Flashcards in Conduct Investigations and Identification of Offenders Deck (53):
What are the two types of investigation teams?
Investigation team and support team.
What does the invesitgation team do?
Physically makes enquiries.
An investigation is deviding in to separate phases, what are some examples?
Area canvas, general enquiries, passive data generators suspects and persons of interest.
What does the support team do?
The support team is the administrative team, it provides support resources for the invesitgation team. Also helping to organise and process the information gathered.
What are the key tasks of an investigation?
To gather and preserve evidence and documentation.
What are the 7 steps in decision making?
Acknowledge - that a situation exists.
Identify - What is the problem?
Formulate an objective, what are we aiming to achieve? Gather all data and information required to achieve the objective.
Draw up a list of ways this can be achieved.
Weigh and Study each alternative.
Prepare a plan for action.
With decision making what the two main factors?
Individual bias (what you think/believe) and verification bias (not looking at the whole/bigger picture).
What is the appreciation technique?
A cognitive tool used to take a disciplined approach to decision making.
What are the 4 steps used in an Appreciation Technique?
Step One: Aim or Objective - what will you do.
Step Two: Factors - what factors will affect your aim.
Step Three: Courses Open - options identified after assesing the factors and the deductions from factors.
Step 4: Plan - select the most appropriate option and plan.
What are the two forms of a written appreciation?
A full appreciation and a short appreciation.
What is a full appreciation?
Used for high-level or difficult tactical problems.
What is a short appreciation?
Used for non-urgent problems.
When should a written appreciation be completed?
When there are several points to be considered and there is a possibility that some points could be overlooked. And when a clear picture of the situation is needed.
What does an investigative mindset mean?
Having a diciplined approach to investigation and the ability to exercise: critical thinking, decision making, the appreciation technique and evaluation.
What are the two methods of criminal investigation:
Reactive and proactive.
What is the reactive method?
Starts with the discovery of a crime.
What is the proactive method?
Generally starts ith information or intelligence indicating that persons or groups are engaged in criminal activity.
What are the 8 stages of criminal investigations?
Instigation, Investigation, Investigative Evaluation, Suspect Mangament, Evidential Evaluation, Charge, File Preparation, Court.
What is material?
Material is a substance obtained in the course of a criminal investigtion. It can be subtance of any kind, e.g information, objects, sounds and images.
What are some sources of material?
Victims, witnesses, suspects, locations, CCTV, telephone records and bank records etc.
What are the common formats for material?
Statements, documents, reports, physical exhibits, forensics, images, recordings.
Why must material gathered be retrieved and stored properly?
To ensure it is evidentially admissible in court.
What are the 5 principles in applying the mindset?
1: Understand the source of material.
2: Plan and prepare.
3: Examine all material.
4: Record and Collate.
What are the 3 areas of examination?
Interpret, Clarify, Challenge
How can the area of examination, challenge be summed up?
Corroborate everything. (confirm)
What are the 3 types of formal evaluation?
3. Self and peer.
What is formal evaluation?
The evaluation of material during investigations. The stepping back approach.
Why is an investigative evaluation undertaken?
To determine, what is known/not known, consistencies/conflicts.
What does the evidential evaluation consider?
The overall strength of the case, wether there is sufficient evidence to charge.
What will self/peer evaluation address?
Review of assumptions and decision making.
What is the key difference between invesitgative evaluation and evidential evaluation?
During an investigative evaluation all available material is evaluated where as during an evidential evaluation only the evidentially admissible material is evaluated.
For invesitgative evaluation and evidential evaluation what are the filters used?
Relevance, Admissibility (allowable) and Reliability
What is the 5WH formula?
Who, what, when, where, why and how.
What evaluation questions is matched with the 5WH formula?
What is known/not known.
What are the consistencies/conflicts.
What are 4 ways that can be used to test the validity of your decisions?
What is hypotheses?
An offerred suggestion that is highly probable in the light of the established facts. Based on known facts.
When should hypothese be used?
Only used when absolutely necessary.
When is caution required from the court when relying on identification as evidence? And what section of the evidence act 2006 does this relate to?
When evidence of the defendants involvement in a crime is principally base on the defendants ID (S46A) and the evidence is disputed and when criminal proceedings is tried with a jury (S126)
What is vidual identification?
Evidence that is an assertion (declaration, claim) by a person based on what that person saw in relation to a defendant being present at or near a crime scence. An account wether orrally or in writing re claim. (S4)
On what three occassions is visual identification evidence considered admissible?
When a formal procedure is followed to obtain a visual identification or there is good reason for not following a formal procedure and it is not proven unreliable.
When is visual identification evidence considered inadmissible?
When a formal procedure is not followed and there is not good reason unless proven beyond reasonable doubt.
What does S45 of the Evidence Act 2006 state?
A formal identification procedure should be used to obtain visual identification evidence unless there is good reason not too.
What are the forms of visual identification?
Under section 45C of the Evidence act 2006 what are the 7 requirements for formal procedures?
1. Complete as soon as practicable after the offence.
2. Must have a minimum of 7 other persons with similar appearance.
3. Cannot provide any indiciations.
4. Must advise the witness that the person may or may not be in the line up.
5. Must provide a written record of the formal procedure for court.
6. A pictorial record must be prepared and certified for court.
7. Must comply with regulations.
Under section 45 (4) of the Evidence Act 2006 what some reasons for not following a formal procedure.
Suspect refuses and Police do not hold a photo.
Suspect has a singular appearance.
Suspects appearance has significantly changed after offence.
Identity was not believed to be an issue.
Identity already confirmed.
Chance meeting with suspect/witness after the offending but before formal procedures.
What must you do if formal procedure is not followed?
Explained no the prosecution file.
Are set ups admissible in court as evidence?
What is an example of when an informal identification can be used?
If a chance meeting occurred between the suspect and a witness before a formal identification could be completed.
Under section 4 of the evidence act 2006 what is voice identification?
Is evidence that is an assertion (declaration, claim) by a person in relation to, that a voice is the voice of a defendant.
When can voice identification be admissible in court?
If prosecutions prove that circumstances to the identification were reliable.
What are some examples of when voice identification has proven reliabe?
If the victim had ample opportunity at a scene to become familiar with a suspects voice. The voice identification was completed asap. When the victims recognised the persons voice immediatly.
What are the 3 reasons when a witness statement describing or identifing an offender can be used as evidence?
1. If the witness/victims recolletion at court varies from that statement made at the time due to the time delay.
2. If the witness is declared hostile.
3. If the witness dies.