PRACTICALS Flashcards by Nic Cavendish

O/C Exhibits – Responsibilities

 Receiving – Exhibits
 Labelled – By finder & accompanied by exh schedule
 Recording – Exhibits in exhibit register
 Continuity - Of evidence in court
 Relevance – Of exhibit, indicating further enquiries
 Delivering – Exhibits for examination or analysis
 Preparing – For production in Court
 Producing – the relevant exhibits in Court
 Movement – Record all exhibit movement
 Securing – Exhibits
 Numbered – Ensure exhibits uniquely numbered

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Exhibit Numbering

 Delegation – Allow delegation to number to staff
 Encompass – All exhibits (MEK, bloods sent to ESR)
 Compatible – With technology
 Multiple – Cope with multiple scenes
 Unique – must be unique
 Consistent – must be consistent

D.E.C - M.U.C.

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O/C Exhibits – Before Accepting Exhibits Must Ensure

 Correctly preserved
 Correctly labelled (EHX number/operation name)
 Correctly recorded in EXH schedule
 Labelled, separately packaged and sealed in accordance with SOPs
 Assigned a unique EXH number from the allocated range

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Further CIB members arrive

 The situation
 What has been done
 What is being done
 What needs to be done immediately

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Ensure Initial Action Complete

Victim
 Prelim INT
 Assess risk on info avail
 Preserve life
 Plan response &amp; approach

Witness
 Separate
 Contain
 Prelim INT

Suspect
 Separate
 Contain
 Prelim INT
 Note demeanour
 Prelim search
 Record comments

Scene
 Control
 Freeze
 Preserve
 Guard
 Common approach path
 Set clear boundaries
 Observe note &amp; record

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Scene Guards

 Prevent unauthorised entry
 Maintain scene log of authorised entry
o name, position - reason
o time in/out, authority
 Direct them along common approach path
 Record all vehicle movement
 Communicate any info received to O/C scene
 Don’t personally enter scene
 Watch for animals
 Remain on duty until relieved
 Brief oncoming scene guard
 Don’t discuss crime with bystanders &amp; witnesses
 Use tact &amp; courtesy with witnesses &amp; crowds
 Report all actions taken to O/C scene

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Responsibilities of O/C Scene OR CSM

 Control freeze preserve scene & ensure its safe
 Brief staff of duties
 Coordinating & overseeing crime scene examination
 Providing comms between scene and O/C investigation
 Ensure scene photographed, fingerprinted, examined
 Common approached path between cordon & focal point
 Recon to gain overall picture
 Strategy for forensic examination
 Uplifting, inspecting, ensuring delivery of labelled exhibits
 Proving relevant exhibits in court

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Crime Scene Examination - The Plan or Strategy

 Placement of zones
 Protection methods to prevent contamination
 How EXH labelled, packaged, security & handling
 Start (attender entry)
 Prioritise evidence collection - prevent deterioration
 Specialist required
 Delegate tasks and areas to staff
 Recording system to be used , logs, EXH, jobsheets
 Logical & systematic search method

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How to prevent contamination

 Preserve and control
 Use stepping plates
 Protective clothing
 Use clean new packaging material
 Keep accurate activity record
 Keep record of personnel attending
 Use different staff for vic, sus, wit
 Exhibit - correct recording, packaging, sealing, labelling
 Obtain elimination samples, prints, footwear, DNA

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Making an appreciation of crime scene - Key Factors

 Staff (availibility, limitations, time, daylight hours)
 Weather conditions/protecting scene
 Seriousness of the offence
 Size / Type of Area
 What COMS, equipment, transport, specialist required
 Logistic
 Priorities – e.g. where to search first, deterioration of
exhibits etc
 Powers to search - law
 Placement of HOT, WARM, COLD
 Contamination risk

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O/C Body - Responsibilities

Certification.
Sudden death procedures.
In situ photographed.
Guard secure and guard body.
Observations noted and recorded of body.
Details of all medical staff who attended.
Da Bros - cultural responsibilities.
Maintain security and continuity of body, samples and exhibits.
Moved? Establish if body moved.
ID - arrange formal ID.
Transport to mortuary on authority of OC.
Mortem - attend PM with OC.
Evidence - preserve from the body.
Remove clothing and personal effects from body.
Arrange finger prints and palm prints.
Photographer to be directed.
Exhibits - record, label and secure exhibits from body.
Debrief - attend pathologists debrief and record findings.

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O/C Body - Searching and moving the body

Accompany O/C investigation and O/C scene and other specialist in prelim examination to preserve evidence that may be lost.

To ensure that no evidence is lost:

 Cover the hands and feet with plastic bags, wrap the body in a
plastic sheet and place it in a body bag.

 Ensure that clothing on the body is not contaminated through contact with foreign objects.

 Carefully search under the body.

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O/C Body - When arriving at the mortuary (duties)

 Label and secure the body.
 Ensure that mortuary staff do not wash body.
 Exhibit the sheet wrapping and body bag in which the body was carried.
 Arrange for the body to be formally identified and obtain a
statement of identification.
 If the identity cannot be established, consider calling the
Forensic Dentist.
 Do not strip the body until the O/C Investigation directs,
and it has been photographed at the mortuary.

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CYPF Act 1989

 214 - arresting CYPs without warrant
 215 - CYPs informed of BOR
 218 - rights to be given in manner they understand
 222- who may be a nominated person

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Section 214 - Arresting without warrant

Shall not arrest a CYP unless:
 Ensuring appearance in Court
 Prevent further offending
 Prevent loss or destruction of evidence
 Prevent interference with witnesses

Category 3 or 4 offence carrying punishment of imprisonment 14 years +

AND

In the public interest

Within 3 days must complete notification

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Section 215 - BOR

 May be arrested if they refuse to give name /address
 Not obliged to accompany to any place for questioning
 If they do consent they can withdraw consent at any time
 No obligation to make or give statement
 Can withdraw consent to make or give statement at any time
 The statement may be used in evidence in any proceedings
 Can consult with/make statement in presence of:
barrister/solicitor
nominated person

Section 215 – BOR (When to give)

When to give rights:
 Under arrest
 Questioning - suspect offence
 Questioning - to obtain admission
 When CYP asks
 When during questioning suspects
they committed offence
 When charging

Section 222 – Nominated Person

Nominated Person
 Parent or Guardian of the child
 Adult member of the family or family group of the cyp
 Any other adult selected by the CYP
 If CYP fails/refuses to nominate someone any adult (not an officer) that is nominated by the enforcement officer.

May refuse a nominated person when:

Where an enforcement officer believes on reasonable ground that the nominated person will attempt to pervert the course of justice

Cannot be reasonably be located or arrive in timely manner

Search + Surveillance Act 2012

s15 – Entry w/o warrant certain offences CADD
s16 – Search Person Public Place – EM – 14years +
s17 – Search Vehicle in Public Place – EM – 14years +
s117 – Special Powers , Search Warrant Pending
s123 – Seize Items in Plain View
s45 – Restrictions on Trespass Surveillance and Interception devices
s46 – When surveillance device warrant required

S + S 2012 – Section 15

Entry w/o warrant to find and avoid loss of E/M

Suspect offence 14 years + has/is/about be committed

Believe E/M relating to offence in that place, if entry delayed will be CADD

May : Enter and Search

S + S – Section 16

Person in Public Place

Reasonable grounds to believe any person in a public place
in possession of Evidential Material for offence 14 years +
(any person not just offender)

May Search

S + S – Section 17

Vehicle in Public Place

Reasonable Grounds to believe any vehicle in public place
has Evidential Material for offence 14 years +

May: Enter vehicle and Search Vehicle

S + S – Section 117

Warrant Pending

 a search warrant is about to be made, or 
 has been made, and has not yet been granted or refused by an issuing officer,
and 
 the officer is present at the place or vehicle that is or is to be the subject of the application

Evidential material may be C.A.D.D, or removed before a decision is taken to grant or refuse the issue of a search warrant.

Enter - the place, vehicle, or other thing
Secure - the place, vehicle,
Secure - any item or items found at that place or in or on that vehicle or other thing

 Until 6 hours after the power was exercised
 The warrant is obtained and available
 The warrant is refused

S + S – Section 123

Seize Items in Plain View

When:
 Exercising a search power; or
 Lawfully in any place or in or on a vehicle; or -
 Conducting a lawful search of a person,

finds any item in the course of carrying out the search or as a result of observations at the place or in or on the vehicle

Reasonable Grounds to Believe:
Could have seized the item under:
 any search warrant that could be obtained
 any warrantless search power available

S + S – Section 45

When you can use Trespass Surveillance/Interception Device May only undertake trespass surveillance when:  Obtaining EM for offence 7 years plus  Arms act offences (s44,45,50,51,54,55)

S + S – Section 46

When Surveillance Device Warrant is required:  Use an interception device  Use a tracking device  Trespassing onto land to use/install device  Observation into private property with device  Observation into curtilage with device exceeding o 3 hours in 24 hour period OR o 8 hours total

Crime Scene Examination

Uses physical evidence at the scene to gain knowledge of the events surrounding the crime. It reconstructs what took place in a particular area and finds evidence to connect that activity to particular PEOPLE PLACES and OBJECTS

Crime Scene Examination - Objectives

 Establish if a crime has been committed  Establish the crimes key element and provide facts for the inquiry  Identify suspects  Identify the people associated with the crime  Exonerate the innocent  Corroborate or contest witness and victim’s accounts  Verify confessions and admissions  Exclude possible defenses  Corroborate or exclude other evidence relating to the crime

Crime Scene Examination – Reconnaissance

The preliminary inspection to get an overall picture, without disturbing evidence. Allows:  A preliminary reconstruction  An appreciation  A plan of action Gather all info available form staff present and preliminary interviews. Create a common approach pathway.

Crime Scene Examination – Zones

Hot zone -That part of the scene requiring examination and evidence collection. Warm zone - A transition zone to enable scene examiners to put on and take off protective clothing, access equipment and process exhibits. Cold zone - A place within the outer cordon for meetings, meals, scene guards etc.

Crime Scene Examination – Action Prior to attending the Scene

O/C scene must ensure:  Sufficient staff members have been assigned to assist  The necessary equipment has been sent or requested  Necessary specialists have been contacted  Roadblocks and cordons have been set up  Staff members have been briefed  Additional O/Cs have been appointed, e.g. O/C Body or O/C Exhibits.  Any legal requirements i.e. search warrants have been obtained

OC Area Canvass - Briefing Staff

1. Summarise the situation and detail the duties and areas of responsibility of each canvass team member. 2. Emphasis the need for thoroughness and that every person in every household must be seen personally 3. Stress that the questionnaire is only a guide to ensure the questions are asked, but should be regarded as flexible in that information supplied could lead to other questions 4. Advise that evidence of possible probative value must be obtained in a formal written statement rather than a notebook form. 5. Consider visiting the canvass area to record every address including flats and vacant sections and then reconcile these premises with the map 6. Ensure all forms are completed, and actioned as outlined 7. Reconcile completed locations with the master copy to avoid duplication 8. Advise staff on” - What action to take if they believe they have identified the suspect - What action to take if they located items of evidential value - What action to take if individuals refuse to assist - How to complete the correspondence flow - What information can be disclosed during the area canvass - What information must not be disclosed