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
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.
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
Further CIB members arrive
The situation What has been done What is being done What needs to be done immediately
Ensure Initial Action Complete
Victim Prelim INT Assess risk on info avail Preserve life Plan response & 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 & record
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 & witnesses Use tact & courtesy with witnesses & crowds Report all actions taken to O/C scene
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
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
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
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
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.
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.
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.
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
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
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 OR 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
- 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
