Initial Investigation Flashcards
1
Q
En route to the scene, obtain:
A
- description of suspect
- description of suspect’s vehicle (if any)
- suspect’s direction of travel
- description of any weapons carried
Watch for any vehicles that may have come from the scene and note registration numbers
2
Q
When you arrive at an incident:
A
- park in a safe, clear area
- advise comms of 10/7 (and obtain acknowledgement)
- revise your plan if the scene is different from what you anticipated
- be aware of:
-what is happening
-where it’s happening
-who is involved - ask people nearby:
-what is happening
-where it’s happening
-who is involved - provide a SITREP to Comms
3
Q
Obtaining information
attending an incident
A
- locate informant, obtain brief facts
- ask informant/witness to;
1. identify victim and/or suspect;
2. if the suspect is not present, their direction of travel. If suspect has left in vehicle, details of vehicle incl. description and rego - Update Comms, advise them who is present, if suspect has left, their direction of travel and any vehicle details
- ask informant/witness the location of the scene
- if possible, ask them to remain at a specified place and explain to them they might need to be interviewed more fully later.
4
Q
Victim medical status;
Signs of life
actions
A
- render immediate first aid
- call for doctor/ambulance
- pathway for medical staff when they arrive
- note any injuries
- determine if possible to obtain an immediate statement
- record position of victim before removal take photos
- if victim being transported, Police Officer must accompany them
5
Q
Victim medical status;
Signs of life - transport to hospital process
A
- Police Officer must accompany them
- to continue speaking with them
- ensure clothing and exhibits retained
- record medical staff details
- provide update to Comms and discuss with Sgt
6
Q
Victim medical status;
No signs of life
actions
A
- render immediate first aid if slightest possibility still alive
- call for doctor/ambulance
- note condition of clothing (wet/bloody/has it been disarranged)
- treat victim as a scene (do not move the body unnecessarily)
- in your notebook, objectively record everything observed using all senses (sight/sound/smell) take photos
- sketch a plan incl position of the body and position of exhibits. If anything MUST be moved or altered, consider photographing prior to altering scene.
*where possible do not move or touch anything in the scene
7
Q
CAP
definition and purpose
A
Common Approach Path
* used for all movements into and out of the scene
using a path which avoids any route possibly taken by the suspect(s) or the victim
8
Q
Three basic Scene Principles
A
- Freeze
- Control
- Preserve
9
Q
Guard
Scene Principle
A
Ensure the scene maintains its integrity by providing adequate guards for the scope of the scene
10
Q
Freeze
Scene Principle
A
Stop movements in and out of the scene.
Prevent further contamination or evidence being lost
11
Q
Preserve
Scene Principle
A
Prevent further loss or potential loss of evidentially important items
12
Q
Control
Scene Principle
A
Maintain control of the scene by controlling witness/victim and suspect movements
13
Q
Clearing Scene
Incident actions
A
Remove all people from immediate scene (using CAP if possible)
Ensure they do not take anything or contaminate the scene
If possible have a Police Officer:
* contain them in a clear area
* warn them not to discuss what has happened
* obtain their full particulars
* keep warring factions, families or gang members apart
14
Q
SITREPS
definition
A
Situation Reports
15
Q
Giving a SITREP to Comms
A
- information that could help locate the offender
- advise what assistance is needed
- use your radio or mobile phone in private (if possible)
- be wary of giving the victim’s particulars over the radio (in areas of analogue radio anyone with scanners can listen in)
- provide location of SFP to staff who are on their way to the incident
16
Q
SFP
A
Safe Forward Point
where you will park your vehicle in relation to the scene.
17
Q
Purpose of a SFP?
A
safe location near an incident where staff can meet for final briefings or preparations
18
Q
Brief to staff
at an Incident
A
- what you know has happened
- what you have done
- what is being done
- what needs to be done
19
Q
Scene Guard duties
UNBENT
A
- Unauthorised entry (allow noone access without authority of the O/C)
- Notebook recording (details of anyone entering scene; name/designation/reason for visit/time of entering & leaving scene)
- Brief authorised people (aware of entry and exit point, route to be taken on scene and hazards)
- Explore and report suspicious activity (record this too)
- No contaminating it yourself (do not use toilet)
- Think of the animals (be aware of animals and removing them from the scene if possible - risk of eating body tissue/contaminating the scene
20
Q
Offender/Suspect
what to do?
VAWSEEPO
A
- decide an action**
-(warn/report/arrest)
-safety issues when dealing with suspect
-transport arranged?
-other enquiries urgently need to be done?
-obtain particulars - BOR
- interview
21
Q
After identifying a suspect you should…
A
- seperate suspect from others
- talk out of hearing of others
- advise of their caution/rights
- conduct preliminary interview (ensure details of offence (intent) are covered)
22
Q
Powers?
VAWSEEPO
A
- situation specific (what power available) you can:
-arrest/detain/search & seize
-search pursuant to legislation
-enter premises pursuant to legislation
23
Q
Elements?
VAWSEEPO
A
- what offence?
- how to prove each of the elements?
- do other enquiries need to be made?
24
Q
Exhibits
what to know?
VAWSEEPO
A
- articles used:
-to commit offence (weapons)
-can help reconstruct scene (blood, damage to furniture scene etc)
-can show how an offence happened (phones/CCTV or documents)
25
Scene
what to do?
| VAWSEEPO
* identify scene
* freeze/control/preserve
* scene examinations
-considerations?
* safety & hygiene
26
Witnesses
what to do?
| VAWSEEPO
* obtain particulars
* obtain details of the incident
* seek corroboration
* considerations
-compare with victim account
-anyone at risk from offender?
27
Victim/Informant
what to do?
| VAWSEEPO
* obtain particulars
* obtain details of the incident
* seek corroboration
* Victim Support
28
Obtaining details of the incident...
| TEDS & 5WH & H
**T**ell Me...
**E**xplain...
**D**escribe...
**S**how Me...
**Wh**at?
**Wh**en?
**Wh**ere?
**Wh**o?
**Wh**y?
**H**ow?
29
Appreciation
what is this?
| VAWSEEPO
* Aim
*(single objective)*
* Factors
*(circumstances)* "so what?"
* Courses open?
*(ways the aim could be achieved)*
* Plan
*(proposed course of action)*
30
VAWSEEPO
| explain
initial action with dealing with an incident or offences
* Victim/Informant
* Appreciation
* Witness
* Scene
* Exhibits
* Elements
* Powers
* Offender/Suspect
31
Obtaining particulars...
| NADPOE
* Name
* Address
* DOB
* Phone
* Occupation
* Email
32
Purpose of arrest?
* safeguarding the public interest
* ensuring the person appears in court
* protecting the person's own interests
33
**Conflict of interest**
during arrest
If a Police Officer attends an incident where the victim and/or the suspect is a relative, friend or person with whom the officer has a personal connection, the officer must take all practicable steps to avoid or manage any actual or potential conflict of interest.
If it is necessary for an officer to make an arrest in a situation where they have some personal involvement a supervisor must be advised so the circumstances of the arrest can be reviewed.
34
**Duties when arresting**
Crimes Act 1961
Section 316
Any person who is arrested must be informed at the time of the arrest of the reason for the arrest unless:
* the reason is obvious, or
* it is impractical to do so
35
**Powers of arrest**
Crimes Act 1961
Section 315(2)(a)
any constable and all persons whom they call to their assistance may arrest and take into their custody, without warant, any person they:
**FIND**
* disturbing the peace
*OR*
* committing any offence punishable by imprisonment
36
**Powers of arrest**
Crimes Act 1961
Section 315(2)(b)
any constable and all persons whom they call to their assistance may arrest and take into their custody, without warant, any person they:
**HAVE GOOD CAUSE TO SUSPECT**
* of having committed a breach of the peace
*OR*
* any offence punishable by imprisonment
37
**Powers of arrest**
Summary Offences Act 1981
Section 39(1)
any constable and all persons whom they call to their assistance may arrest and take into their custody, without warant, any person they:
**HAVE GOOD CAUSE TO SUSPECT**
* of having committed an offence against this Act
except sections 17-20, 25, 32-38
38
**Powers of arrest**
Summary Offences Act 1981
Section 39(2)
any constable and all persons whom they call to their assistance may arrest and take into their custody, without warant, any person they:
**HAVE WITHIN THEIR VIEW**
* does an act the constable believes is an offence against sections 17-20, 25, 32-38
*AND*
* fails to give name and address or gives false details. Arrest for the offence seen being committed
39
**Summary Offences Act 1981**
Section 17
Publishing false notice of birth, marriage or death
40
**Summary Offences Act 1981**
Section 18
Imitation of court documents
41
**Summary Offences Act 1981**
Section 19
Imitation of official documents
42
**Summary Offences Act 1981**
Section 20
False claim of qualifications
43
**Summary Offences Act 1981**
Section 25
Advertising reward for stolen property
44
**Summary Offences Act 1981**
Section 32
Excreting in a public place
45
**Summary Offences Act 1981**
Section 33
Billsticking
46
**Summary Offences Act 1981**
Section 34
Throwing stones
47
**Summary Offences Act 1981**
Section 35
Setting off or throwing fireworks
48
**Summary Offences Act 1981**
Section 36
Lighting fires
49
**Summary Offences Act 1981**
Section 37
Disturbing meetings
50
**Summary Offences Act 1981**
Section 38
Drinking in public place
51
**Bill of Rights Act 1990**
Section 21
Search & Seizure
Every person should be secure against unreasonable search and seizure of their person, property or correspondence
52
**Bill of Rights Act 1990**
Section 22
Arbitrary detention
Everyone is protected from arbitrary or random arrest or detention
53
**Bill of Rights Act 1990**
Section 23
Rights of a person arrested or detained
People arrested or detained under any enactment have rights and must be informed of those rights
54
**Bill of Rights Act 1990**
Section 24
Rights of a person charged
People charged with an offence have certain rights and must be informed of their rights
55
**Bill of Rights Act 1990**
Section 21
Search & Seizure
3 kinds of search
1. **specific statutory search powers** (warrantless search: s27 off weapons, s21/22 drugs, s18 arms)
2. **statutory search pursuant to arrest or detention** (s85 & s88)
3. **consent searches** (s91-96)
56
**Bill of Rights Act 1990**
Section 21
Search & Seizure
searches are unreasonable when they are executed:
* without, or in excess of, powers or authority
* in an unreasonable manner
* in bad faith
57
**Bill of Rights Act 1990**
Section 22
Arbitrary detention
'arbitrarily' means?
* randomly
*or*
* in an unrestrained way
*or*
* unlawfully
58
**Bill of Rights Act 1990**
Section 22
Arbitrary detention
what does this mean?
Police have **no power to hold a person against their will** *unless* that **person** is **under arrest** *or* **subject to a specific power of detention** for a specific statutory purpose.
For example, a search under the SASA 2012.
59
**Bill of Rights Act 1990**
Section 22
Arbitrary detention
The voluntary interview of a suspect may be regarded as an arbitrary detention if you do not say to them the following:
1. "You are free to leave at any time" ***AND***
2. "You do not have to remain to answer any questions"
60
**Bill of Rights Act 1990**
Section 23
Rights of a person arrested or detained
Everyone who is arrested or who is detained under any enactment shall:
* be informed at the time of arrest or detention of the reason for it **and**
* shall have the right to consult and instruct a lawyer without delay and in private and be informed of that right
* have the right to refrain from making a statement and be informed of that right
* everyone deprived of liberty shall be treated with humanity and respect for the inherent dignity of the person
61
**Bill of Rights Act 1990**
Section 23
Rights of a person arrested or detained
When you arrest a person, you **must** say:
* you are under arrest for *(state an offence).*
* you have the right to remain silent.
* you do not have to make any statement.
* anything you say will be recorded and may be given in evidence in court.
* you have the right to speak with a lawyer without delay an in private before deciding whether to answer any questions
* Police have a list of lawyers you may speak to for free
62
**Bill of Rights Act 1990**
Section 23
Rights of a person arrested or detained
When you advise a person they are being detained under any enactment you **must** say:
* you are being detained under section _ _ of the _ _ _ _ Act
*or*
* you are being detained under the _ _ _ _ Act.
* you have the right to remain silent.
* you do not have to make any statement.
* anything you say will be recorded and may be given in evidence in court.
* you have the right to speak with a lawyer without delay an in private before deciding whether to answer any questions
* Police have a list of lawyers you may speak to for free
63
**Bill of Rights Act 1990**
Section 24
Rights of a person charged
Every person charged with an offence:
* shall be informed promptly and in detail of the nature and cause of the charge
**and**
* shall have the right to consult and instruct a lawyer without delay and in private as soon as practicable
64
**Practice Note on Police Questioning**
Note 1
Police officer can question anybody; however, the person spoken to cannot be compelled to answer
This rule includes witnesses, informants, victims, suspects and offenders
65
**Practice Note on Police Questioning**
Note 2
Whenever a member of Police has sufficient evidence to charge a person with an offence or **whenever** a member of **Police seeks to question a person in custody**, the **person must be cautioned before** being **invited to make a statement or answer questions**.
66
**Practice Note on Police Questioning**
Note 3
Questions of a person in custody or in respect of whom there is sufficient evidence to file a charging document charge must not amount to cross-examination.
Cross-examination *(questioning which is - in the circumstances - aggressive, intimidatory, unnecessarily persistent or otherwise designed to wear a suspect down)* when the suspect has said that they did not wish to make a statement is a breach of note 3.
67
**Practice Note on Police Questioning**
Note 4
Whenever a person is questioned about **statements made by others or about other evidence**, the **substance of the statements** or the **nature of the evidence must be fairly explained**.
To avoid misrepresenting the truth:
* read relevant excerpts from the statement to the suspect, or
* accurately summarise the statement
68
**Practice Note on Police Questioning**
Note 5
Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should **preferably be recorded by video** unless that is impractical or unless the person declines to be recorded by video. **Where the statement is not recorded by video, it must be recorded permanently on audio tape or in writing.**
* the person making the statement must be given an **opportunity to review** the **tape or written statement** or to have the written statement read over
* given the **opportunity to correct any errors** or add anything further
* where the statement is recorded in writing, the **person must be asked if he/she wishes to confirm the written record is correct by signing it**.
69
**Intelligence**
The role of intelligence in the NZP
what are the four critical facets of the intelligence capability?
* **People**
intelligence reflects the knowledge, experience and professional judgement of trained practitioners
* **Process**
intelligence addresses prioritised knowledge gaps through a process of tasking, collection, evaluation, analysis and interpretation
* **Product**
intelligence produces conclusions, assessments, and predictions to support planning and decisions
* **Partnerships**
intelligence requires trusted collaboration and draws on the widest available range of information, sources and perspectives
70
**Intelligence**
4i Model shows the inter-relationship between...
* **Intelligence**
* **Police decision makers**
* **Demand environment**
