Serious Crime (From Bully) Flashcards
Describe the reasons for the OC Investigation, OC Area Canvas and OC Suspects visiting the external or general scene of a serious crime prior to conducting area canvas? (3)
- To make reconnaissance of the area.
- Conduct an appreciation.
- Set the parameters and objective of the area canvas.
During the course of a criminal trial the OC Witnesses must maintain control over the witnesses. What specific instructions must be given to the witness relating to the conduct at the court?
Ensure witnesses do not:
- Have any contact or communication with jurors.
- Discuss the case in public areas while waiting to give evidence.
- Discuss the case with witnesses waiting after they have given evidence.
During the course of some criminal trials it is necessary for Police to consider that witness intimidation may occur. By maintaining contact with a witness who may be the subject of intimidation, what information can the OC Case or OC Witness ascertain?
- More likely be aware of threats/intimidation/interference
- take appropriate action (witness protection)
[SCENE] Explain what a Common Approach Path (CAP) is used for at serious crime scenes.
The path for all movements into and out of the scene that avoids any route possibly taken by the victim or suspect.
How do witnesses refresh their memories in Court?
At Court, request the witness refresh their memory by reading any previously signed statement(s) or interview transcripts.
How should a preliminary interview be conducted? (3)
- conducted in accordance Investigative Interviewing Witness Guide
- limited to using appropriate open ‘TEDS’ questions
- framed to elicit a brief account of the events witnessed, including 5WH
If a witness may have evidence from the victim/suspect/scene on them, what must the interviewing officer do before an interview?
What types of physical evidence may be present on the witness?
Prepare a plan to preserve and recover all physical evidence from the witness.
- DNA,
- fingerprints,
- clothes,
- footwear,
- fibres,
- body fluids,
- glass or
- other material (0.25 marks each)
In a serious crime investigation it may be necessary for a Police doctor to examine a suspect. Apart from taking samples and noting injuries on the suspect, what other matters can the doctor attend to?
- Provide a professional opinion regarding the condition of the suspect.
- Record any explanations or comments made by the suspect about the offence or the cause of any injuries.
In the case of a homicide, who takes the victim impact statements from family?
A Victim Impact Statement should be no older than how many days at sentencing?
Homicide trained Victim Support volunteers take VIS for police from surviving members.
No older than 28 days.
State two reasons why it is important to conduct a risk assessment relating to a witness to a serious offence.
A risk assessment must be conducted to establish the extent to which a witness might be at risk of:
- Intimidation
- Physical harm
What action must Police take when attending a scene where a body has been disturbed?
- Do not attempt to restore the scene to its original unchanged condition.
- Make enquiries to enable the original unchanged scene to be subsequently reconstructed and photographed, if required.
What action must the OC Exhibits take when becoming aware that further enquiries are required in relation to a particular exhibit?
highlight this to the 2IC so that follow-up enquiries can be initiated
[DISCLOSURE] What are the key responsibilities of the disclosure manager? (8)
- relevant + discoverable = disclose
- relevant + non-discoverable = list and advise
- ID non-discoverable = don’t disclose
- lawful justification withhold still?
- Robust auditable systems to record disclosure
- timeframes - Act/Court
- Keep all correspondence with defence counsel.
- NIA update
What are the two main purposes for Police attending at the scene of any death?
- To investigate thoroughly.
- Gather sufficient evidence to explain the circumstances of the death.
What is the purpose of a crime scene examination? (10)
- crime been committed?
- key elements as basis for enquiry.
- ID the suspect
- ID people associated with the crime
- has victim had contact with the scene
- exonerate the innocent
- corroborate or contest witness’ and victims’ accounts
- corroborate or exclude other evidence relating to the crime or incident.
- verify confessions and admissions
- exclude possible defences
What is the purpose of a scene guard and the log maintained by that person? (4)
To ensure:
- ENTRY - there is no unauthorised entry into the scene
- INTEGRITY - integrity of evidence or potential evidence is secured
- INTEL - intelligence opportunities are maximised
- CONTAM. - contamination issues are managed.
What should a scene guard be briefed on? (10)
brief:
- OC and others
- replacement
scene:
- don’t disturbing it
- protect it (animals)
- secure it (deny entry to people not authorised)
- control it - CAP and supervision
record:
- details
- name and designation
- authority to enter
- purpose of visit
- time of entry and exit
- record movements of people and vehicles to/from/near scene.
- do not discuss events with witnesses, bystanders or media
- be courteous
When a Crown Solicitor directs Police to interview an alibi witness what actions must he Police take?
- Enquires - veracity of alibi
- enquiries - as directd by OC inv. or Crown
- Forward the results of these enquiries to the Crown Solicitor, including any statements obtained.
While most offences of homicide are identified as a result of a body being found or by a person responsible for the offence making admissions, some incidents notified to the police are not initially identifiable as a homicide. Describe four such instances.
- Missing person.
- SUDs - infant
- Unexplained death.
- Abduction.
- Violence (where no fatalities are anticipated)
- Hit and run vehicular collision
- Suicide
- Fatal fire
- Drugs
- Crime scene without a body present.
Whose responsibility is it 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.
OC Investigation
Describe two types of information that can be obtained from Police intelligence systems when carrying out a risk assessment during the planning phase for an area canvass.
Whether staff should be aware of:
- Violent offenders
- Persons wanted by Police for other crimes or wanted on warrant
- Groups with particular linguistic or cultural needs.
- Local incidents or issues which residents may raise with Police
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
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.
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
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.
What matters should the OC Area Canvas record in detailed master record of ongoing progress?
- Addresses visitied
- Occupants interviewed
- Documentation completed
- Relevant comments made.
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.
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
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 post mortem.
- All exhibits must be packaged and sealed before leaving the mortuary without exception and will be recorded in a Scene Exhibits Schedule.
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
The OC Body is responsible for arranging the formal identification of the victim. What instructions must the OC Body provide to the family or friends who are to make the identification?
They must be fully informed of what is required of them and what they should expect to see when they view the deceased, especially after a post mortem has taken place.