Flashcards in Serious Crime Investigation CIB 014 Deck (96)
What are the two key tasks of any investigation?
- gathering and preserving evidence
List the four different types of conferences.
- initial conference
- regular conference
- debriefing conference
- phase team conferences
What are the primary functions of initial police responders at a crime scene?
- attending the scene at an early stage
- taking control of the situation
- coordinating tasks
List five types of incidents that might be reported to police and not be initially identifiable as a homicide.
- report of missing person
- sudden unexplained death of an infant
- unexplained death
- report of abduction
- report of violence where no fatalities are anticipated
- crime scene without a body present
- hit and run vehicle collision
- fatal fire
- drug related death
Explain the general investigation model.
Victim - ID and locate
Appreciation - Make an initial appreciation. Assess personal risk and then preserve the lives of others.
Witnesses - Locate and contain
Scene - Preserve
Exhibits - Note evidence and preserve any that would otherwise be lost or destroyed
Ingredients - Consider whether ingredients of alleged offence have been established
Powers - ID what powers are available and consider whether to use
Offenders - ID and apprehend suspects
What are the four basic principles to initial action in regards to the scene?
List the benefits of applying an appreciation technique.
- Informs all police what they are expected to achieve
- Establishes a sequence of activities to be carried out
- Manages risk
- Reduces uncertainty
- Eliminates duplication
- Ensures nothing is overlooked
- Effective use of resources
What are the four basic steps of an appreciation?
What is the purpose of police attendance at a death?
To investigate thoroughly and gather sufficient evidence to satisfactorily explain the circumstances of the death.
The victim's physical condition can fall into three categories. What are they?
- alive and uninjured
- alive but injured
- shows no signs of life
In order for a 'dying declaration' to be considered admissible evidence under Evidence Act 2006, s18(1)(a) , the court must be satisfied of what?
The content of the statement and the person who made it are reliable.
Police taking a 'dying declaration' must record any factors which demonstrate the reliability of the statement or its maker. List those factors/circumstances relevant under s16(1), Evidence Act.
- nature of the statement
- contents of the statement
- circumstances relation to the making of the statement
- circumstances relating to the veracity of the person
- circumstances relating to the accuracy of the observation of the person
What actions need to be taken if the victim needs to be moved?
The original position should be recorded, ideally by photo and/or video but a sketch and description should also be completed
Explain the Common Approach Path.
Controls all movement into and out of the scene using a path which avoids any route possibly taken to and from the scene by the suspect or the victim.
What is the purpose of a scene guard?
- there is no unauthorised entry into the scene
- integrity of evidence or potential evidence is secured
- intelligence opportunities are maximised
- contamination issues are managed
What details needed to be recorded by the scene guard for every person authorised to enter the scene?
- name and designation
- authority to enter the scene
- purpose of the visit
- time and entry and time of exit
List the duties of a scene guard.
Secure scene - Deny anyone access unless theyr are expressly authorised entry by the OC Investigation or Crime Scene Coordinator/OC Scene
Record details - Maintain log and note details or anyone authorised to enter
Control movements - Ensure everyone entering is directed to CAP and supervised
Record movements - Record movement and details of vehicles to, from, near in scene log
Brief others - Communicate info received to OC Scene or CSC
Avoid disturbance - Don't enter, contaminate, interfere with scene
Protect scene - Be vigilant for activity such as animals
Respect security - Don't discuss with witnesses, bystanders or media
Demonstrate courtesy - With witnesses and crowds
Inform others - Report actions taken to OC Scene or CSC
What action should be taken with media at a scene?
Keep them away from immediate scene and make no comment about incident. Consult with OC Investigation and explain what has happened, identify media members and location.
The OC Investigation will expect a briefing from the officer in initial charge of the incident. What should this briefing cover?
- What has occurred?
- What action has been taken?
- What has not been done?
- What needs to be done?
What kind of person should be appointed OC Body?
An experienced investigator with awareness of forensic issues.
List five responsibilities of OC Body.
See Victims p3-4
Unless in an emergency, the body must not be moved until what has happened?
OC Investigation has given authority
Where the body has been moved, what does and does not happen?
- 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
Before removing a body, what details need to be recorded about the position of the body?
- position of the limbs
- appearance of the body
- wounds and clothing
- direction of any trails of blood present on the body
- lividity if present
- extent of any rigor mortis present
What is the primary role of OC Body during a PM?
To observe, document and deal with exhibits associated with body in a structured methodical manner
What is the primary reason for conducting a PM?
To establish the cause of death.
What information might the pathologist's findings at a PM provide which will drive the investigation?
- determining the mode and time of death
- establishing how injuries and/or events at scene may have contributed to death of victim
- determining the nature and size of any weapons used
- determining the approx height and stature of suspect
- providing areas of interest for subsequent interviews of witnesses/suspects
- negating possible defences
- ID victim if not yet established
Where the identity of a victim cannot be established, list five alternative methods of ID.
- DNA profiling
- dental records
- eye examination records
- medical examination records
- personal effects
- facial reconstruction
When skeletal remains are found a pathologist, with the assistance of a forensic anthropologist, can provide what information?
- whether the remains are actually bones
- whether the bones are human
- the age, gender, height and race of the person
In what situation should the OC Body take notes of discussions concerning the PM?
Only if specifically directed by the OC Investigation and/or the pathologist
List the steps that should be followed by the OC Body to ensure the body is stripped in the required manner.
See Victims p16
What should the photographer be instructed to photograph at the mortuary?
- the body before stripped
- the body after it is stripped
- close ups of any wounds, marks, internal injuries, unusual features, including a measuring scale
After the PM when the OC Body hands all the exhibits to OC Exhibits, what else should the provide?
- PM Scene Exhibit Schedule
- copy of OC Body's notebook entries
- formal statement
What must be included in a 1S file?
- statement relating to victim's formal ID
- copy of POL47 or POl47A (for child under 2)
- copy Deceased Person Certificate
- copy of Deceased Person Identification
What is the primary function of an FLO?
Investigator, not support person.
List five things the Family Liaison Plan should record and consider?
- selection of the FLO and criteria employed for the selection
- exit plan for the FLO
- objectives of the family liaison
- assessing the most appropriate methods of conducting interviews with family members, including use of specialist interviewers where appropriate
- info to be released to and withheld from the family
- requests made by the family which have not been agreed to and the reasons for this
- complaints made by the family and the OC Investigation's action to progress and resolve the issues raised
- any member of the family who could be considered a suspect to enable the OC Investigation to determine whether or not this is the case
- liaison with Victim Support and other support services
- includes partners, parents, siblings, children, guardians, whanau and any others who have had a direct and close relationship with the victim
- includes 'chosen' family
- should reflect the victim's culture and lifestyle
Why is it important for the FLO to identify the cultural origins of the victim's family?
To enhance relations with the family and to contribute to the victim profile
What are the responsibilities of the FLO?
profile the victim, prepare a family tree, gather all relevant info from family
Who else can take VIS from surviving family members?
Homicide trained Victim Support volunteer
What are the objectives of an area canvass?
- ID offender
- identifying and locating evidence
- ID witnesses
- gathering info
List five benefits of an area canvass.
- sightings of victim or offender before or after event
- sightings of relevant property or vehicles
- sightings of potential witnesses
- creating the opportunity for an early arrest through early ID of the offender
- obtaining key info to drive the investigation or develop lines of enquiry
- promoting awareness of significant occurrences
- eliminating unidentified vehicles or persons reported by other witnesses
- obtaining an accurate record of the local community
What assistance can the Criminal Profiling Unit provide?
They can assist with setting parameters or identifying locations where suspects are likely to frequent or reside.
When conducting a team briefing for the area canvass, what information must be given regarding notebooks?
Evidence of possible probative value must be obtained in a formal written statement rather than notebook form
How can OC Area Canvass ensure staff morale remains high?
By providing regular feedback on the way the enquiries are contributing to the progress of the investigation, together with updates on the other phases of the enquiry.
Regular visits during the area canvass.
What should the master record maintained and updated by the OC Area Canvass include?
- which addresses have been visited
- which occupants interviewed
- the documentation completed
- any relevant comments made
At the conclusion of the area canvass the phase OC must submit a report to the OC Investigation outlining the circumstances of this particular aspect of the investigation. What should this report include?
- Summary of all action taken
- any significant findings highlighted
- attention drawn to any action that has been undertaken which was outside of the original phase strategy
An initial witness assessment enables the investigation team to identify...
- whether due to personal characteristics of the witness or the circumstances of the offending the witness requires special consideration
- availability of the witness
- any needs the witness has for special assistance
- the optimum approach to be taken with the witness
By maintaining contact with witnesses police will be more likely to become aware of what?
Threats, intimidation or interference
How may a witness refresh their memory for Court?
By reading any previously signed statements or interview transcripts
In what situation could a witness enter the National Witness Protection Programme?
Where a serious threat to life is understood to exist
How can anonymity for a witness be obtained?
By way of application or an order from the Judge
List the responsibilities of OC Suspects.
Supervising the members of the Suspects Team for the purpose of
- obtaining information about suspects and persons of interest as they are identified by the OC Investigation
- thoroughly profiling and investigating all suspects and persons of interest to enable the OC Investigation to establish their involvement in the offence or eliminate them from the inquiry
- seeking evidence to cover all ingredients of the offence
- mitigating and dealing with possible defences that may be raised
- providing a basis for further investigation
Management of suspects falls into three categories. What are they?
- identification and profiling
What should the initial brief of the suspects team encompass?
- the circumstances of the offence including an analysis of the scene and witness evidence available
- the full details of all persons of interest and any suspect
- details of any descriptions of the suspect provided by witnesses
- whether any particular modus operandi/crime signatures have been identified
What factors might influence the setting of the investigation priorities?
- relative weight of evidence against a person
- likelihood of a person leaving the area
- a particular urgency in solving the case
- availability of staff
List five sources of information which may contain information about a suspect.
- financial info/bank records
- CCTV and other images
- personal computer information
- telco info
- voice recording systems
- customer info including subscriber info
- access/door security systems
- vehicle GPS
- toll records
- internet websites
List five factors that may mean a suspect requires special consideration.
- medical condition
How can cross-contamination issues be avoided when dealing with suspects?
- make an appreciation re which staff are assigned to seize clothing
- assign separate officers to each suspect
- keep suspects apart incl during travel and in cells
- all clothing packaged, labelled, sealed in accordance with standard procedure
Who is the person who appoints the File Manager and to whom the FM is responsible?
What is the role of the File Manager, first and foremost?
List the main functions of a File Manager.
- assist with establishing and maintaining Investigation Headquarters
- operate the paper flow and associated structure in accordance with Serious Crime Document Management System outlined in the Serious Crime Template
- manage the electronic and physical files relating to the investigation
- support the 2IC by reading all docs for the purpose of highlighting important information to the 2IC
- assist the 2IC with the identification and recording of evidential material
- complete a synopsis of all docs received, excluding docs relating to covert policing activities
- ensure a flow of information throughout the investigation
- assist with the preparation of the prosecution file
- assist with the management of the trial
Who decides how a file will be managed?
List the factors or requirements to consider when establishing the Investigation Headquarters.
- office support staff
- ICT requirements
The file manager provides the link between who?
2IC and investigators
Who generates and controls the issuing of directives?
What is the purpose of a file review conducted by the file manager?
- establish if any enquiries remain outstanding
- conduct an assessment of the enquiries currently underway to establish whether they are still relevant
- review sub-investigation and critical phases of the investigation
- prepare for any external reviews that may occur
What are the initial actions the Disclosure Manager must take on appointment to the role?
- read the Disclosure Manager's desk file
- access the current Serious Crime Template for use during the investigation
- report to the 2IC to receive a briefing, tasking, establishing what info is and is not discoverable, and ongoing supervision
List five key responsibilities of the Disclosure Manager.
See Disclosure Manager, p 4-5
Explain s10(4), Criminal Disclosure Act 2008
Disclosure may be supplied in whatever form, including electronically, that the person disclosing the information holds it in at the time of the request, provided this will be readily accessible to the defendant. Consideration must be given to whether the defendant has ready access to a computer, particularly if remanded in prison.
What should be provided to the Crown in regards to disclosure?
An identical copy of all material disclosed to defence counsel AND
an unedited copy of the material where appropriate
Who is ultimately responsible for making decisions regarding disclosure?
Any item which comes into the possession of Police during the course of an investigation, whether or not it is eventually tendered in formal evidence.
To whom does OC Exhibits report?
When conducting an appreciation or interrogating an exhibit, what is the OC Exhibits trying to establish?
- evidential value of each exhibit
- investigative opportunities presented by each exhibit
- further enquiries that are needed
When updating the OC Investigation and 2IC the OC Exhibits must provide relevant info relating to what?
- what exhibits have been found and their movements
- the results of any exhibit examinations
- whether any further enquiries are required
What standards must be met for the OC Exhibits to accept an exhibit?
- exh label contains exh number and Op name.
- property is correctly packaged and sealed and exh label is visible and secured on the outside of the package
- any prompt action necessary to preserve exh has been taken
Why are forensic strategy meetings held?
To determine which exhibit or other forensic examinations are required and the priority of those examinations.
List five topics that may be covered in a forensic strategy meeting.
- what examinations ESR and others could conduct on exhibits
- the priority each examination should receive
- whether any further work is needed to assist a reconstruction
- a plan for any work to be completed that is required to assist the reconstruction
- an agreed reconstruction of the events relevant to the crime under investigation
When preparing for trial, what is the OC Exhibits solely responsible for?
- transporting exhibits to and from Court
- exhibit security at the venue
- production of exhibits at direction of prosecutor
In what manner should exhibits be prepared for production at Court?
- clearly demonstrates the evidential value of the exhibits
- avoids any risk of physical injury, disease, accident, contamination or damage
Every person with custody of an exhibit must be able to demonstrate what? What is this called?
- when they received custody of the exhibit and from whom
- where and how the exhibit was securely stored
- when, why and how the exhibit was moved from one place to another
- how the exhibit has been treated, safeguarded and preserved
- when and why they transferred custody of an exhibit to another person and to whom
This is called maintaining the 'chain of evidence'.
How is the integrity of the electronic Exhibits Register protected?
Only the OC Exhibits and typist have password access to it.
What is the purpose of holding team conferences when investigating a major crime?
- keep all members up to date with developments
- give team members the opportunity to exchange views and pass on important information
- give 2IC the opportunity to pass on instructions to staff on file management and other administrative matters
- give OC the chance to brief the team on important investigative topics, priorities and which lines of enquiry to follow
Which Police should attend the post-mortem?
- OC investigation
- OC body
- a member specifically designated as exhibits officer for PM if required
- Police photographer
- SOCO or fingerprint officer if required
What equipment must the OC body have ready for the PM?
- MEK examination kit
- toxicology kit
- body label
- notebook and pens for use solely during PM
- Scene Exh Sched
- completed POL47
- POL265 Deceased Person Certificate
- POL265A Deceased Person Identification
- Exh packaging supplies incl envelopes, tape, exh labels, exh sacks
- protective clothing
- photos from scene showing body in situ
- range of available exh numbers from OC Exhibits
- Pre-printed exh labels
- brown paper
- firearms residue kit if relevant
When conducting a risk assessment in relation to the area canvass, list four factors that should be considered.
- violent offenders
- persons wanted by Police for other crimes or on warrant
- groups with particular linguistic or cultural needs
- local incidents or issues which residents may raise with Police
List five resources/tools available to OC Area Canvass.
- street maps
- aerial photos
- geological info
- local council records
- open source internet apps
- Police intel systems
- public libraries
List four alternative approaches that can be adopted by OC Area Canvass.
- poster campaign
- mail drop
- high profile police presence, using a caravan
What action should be taken regarding a Police officer who has first contact with an informant? Why should you do this?
Should be debriefed and full record made of their account. May be crucial if informant later becomes suspect.
If a witness is to be considered a scene, list what types of evidence may be recovered from them?
- body fluids
What is the purpose of conducting a risk assessment in relation to a witness interview?
To establish the extent to which a witness might be at risk of intimidation and/or physical harm.
When particulars of alibi witnesses are notified concerning a matter in respect of which proceedings have been commenced, what must the investigator do?
- make enquiries to determine the veracity of the alibi
- conduct inquiries as directed by the OC Investigation and the Crown Solicitor including NIA checks on the alibi witness
- forward the results of the these enquiries to the Crown Solicitor including any statements obtained
Before any arrest/termination the OC Suspects must consult with OC Investigation regarding an arrest strategy. What must they ensure?
- an investigator is appointed to be responsible for each suspect. Where possible make at an early stage to allow preparation.
- the decision to prosecute, choice of charges and prosecution processes follow Solicitor-General's Prosecution Guidelines
- clarity on position by police on bail
- authority to engage Crown Solicitor obtained from PPS
- family of deceased updated via FLO
- prompt preparation of prosecution file
- compliance by Disclosure Manager or File Manager with the Criminal Disclosure Act 2008
What are the responsibilities of OC Exhibits in relation to the examination of exhibits?
- Ensure all exhibits are fully examined in accordance with Forensic Strategy meeting decisions
- Maintain an awareness of the significance of each exh and what examinations may be available
- Determine, plan and record the examination and interrogation of every exh and establish its relevance to the investigation