Unit 3 - Scots Criminal Law: Police Powers and Principles of Evidence

Question 1

Name some types of evidence you could find at a crime scene.

Answer 1

Contact evidence - fingerprints, DNA, Show impressions, hair and fibres, marks e.g. from tools, paint, glass.

Question 2

How can we preserve evidence at a crime scene?

Answer 2

• double glove
• don’t touch anything unless you have to
• if you do touch or move anything make sure it’s noted and communicated to Crime Scene Manager or equivalent.
• Adverse weather: cover evidence using a box or a tent.
• Bag up clothing with each item given it’s own bag.
• Do not sit in any vehicle that needs to be examined.
• Do not put anything into marks/footprints etc

Question 3

How can contamination impact a crime scene?

Answer 3

• It can stall the investigation - e.g. looking for the footprint of a Police Officer instead of a suspect.
• The investigation can fall apart e.g. suspect can say that the evidence came from a police officer in a scenario where they were with the victim and then went to the suspects home.
• The findings of any scientific examination can be rendered valueless.

Question 4

What are the 3 steps for managing any crime scene?

Answer 4

Assess - Protect - Communicate (APC)

Assess - identify the crime scene e.g. where it is and how big it is. Priority is always to preserve life so check for any casualties. Observe details of the scene, remove any victim with minimal disturbance, manage routes in/out known as the Common Approach Path. Record all facts and report them to supervisor or SIO.

Protect - protect the scene against people and the elements. Cordons - think big as can always make it smaller if need be. The cordon should include the scene of the crime but also surrounding areas like possible entries/exits.

Communicate - asking questions, establishing facts, giving advice and assistance. Report situation to the control room. This will ensure you have the appropriate assistance. Notebook entry!

Question 5

What should you note in your notebook if you are the first officer attending a crime scene?

Answer 5

Time (called to the scene and arrival time)
Persons present on your arrival.
Weather conditions.
Exact position of key pieces of evidence e.g. a body, a weapon etc.
Exact position of objects in and around the scene.
Signs of a struggle.
Location of keys.
Were doors and window open or closed, locked or broken.
Foot impressions.
Marks left by a vehicle.
Rough sketch of the crime scene.
Odours (cigarette smoke, perfume or aftershave)
Lights on or off.
Details of other responders e.g. paramedics, doctors. This allows us to eliminate their DNA, fingerprints etc from the enquiry.
Time of arrival or departure of personnel at a scene.

Question 6

What information must be included in a Scene Entry Log?

Answer 6

DRMAN

Details of the officer keeping the log. 
Reason for entering crime scene. 
Movements/actions at crime scene. 
Arrival and departure time. 
Names of personnel attending at scene.

Question 7

Name some examples of Health and Safety considerations at a crime scene.

Answer 7

• Electrical, structural and fire risks within buildings particularly Cannabis cultivations being identified.
• Incidents involving Chemical, Gas or Bio hazards.
• Body fluids, drugs and offensive weapons when searching persons or property.
• Dealing with violent individuals.
• Controlling large crowds, such as planned/unplanned protests, sporting events etc.
• Attending incidents relating to natural hazards such as open water.
• Operational activities during periods of severe weather.

Question 8

Explain the guidance for obtaining descriptions of suspects from witnesses.

Answer 8

• Ensure the witness is willing to provide a statement (consider gender of Officer for certain offences e.g. rape).
• Be patient
• Do not prompt!
• Allow the witness to describe in their own way or words but check you understand.
• Obtain as much detail as possible.
• Start at the head and work your way down.

Age
Build
Clothing & Possessions
Distinguishing features
Elevation (height)
Facial features
Gait (how they walk)
Hair
Identify ethnicity
Jewelry
\+ 
Sex (gender)

Question 9

State the areas you should pay particular attention to when noting details of a suspect.

Answer 9

Time - how long were they observed for?
Distance - from what distance?
Light - in what conditions? How was the visibility?
Previously seen - Has the accused been seen before? How long between observation and ID? Was the accused remembered for any particular reason?
Observation - was the observation clear or impeded e.g. a tree. Any discrepancies between the description and the appearance of the accused once traced.

Question 10

What are the principles regarding identification of suspect(s) by a witness?

Answer 10

• Witness should be shown a sheet of 12 photographs, including the suspect’s photograph.
• The other photos should be of people of a similar age and appearance e.g. bald.
• The witness should be shown the sheet outwith the presence of any other witness. For this reason, you should pick your main witness.
• The witness should be left to make a selection without help or consultation with any other person.
• The photos should bear no marks to assist the witness pick the suspect’s photograph.
• If ID is made, there should be no confirmation whether it was or wasn’t the suspect chosen.
• In notebook, note date and time shown to witness, number of photo selected, statement from the witness whether positive or negative.
• Lodge as a production!
• “The individual that you witnessed may or may not be within the album”.
• If a witness makes a positive ID, another witness should not be shown the photos unless directed to do so by Procurator Fiscal.
• Usually, other witnesses would have a ID parade.
• Record of photos shown should be kept for court.

Other methods

• Electronic Facial Identification. Witness is interviewed and trained operator will produce an image based on very detailed descriptions.
• VIPER (Video Identification Parade Electronic Recording) - suspect recorded moving face from side to side under controlled conditions. 12 images initially of the suspect and others with similar appearance. The suspect/accused/solicitor can removed any 4 images, leaving a final 9 (including the suspect). They can also decide which order to put the photos. If showing to multiple witnesses, can change the order for each one.
• Traditional Identification Parade - for serious offences. Only if authorised by PF or Defence Agent.

Question 11

Explain the provisions that might be made for identification by child witnesses.

Answer 11

• Video identification parade (VIPER) should always be the preferred method of ID of child witnesses or vulnerable witnesses. This removes the confrontational aspect of physically viewing the suspect.
• Don’t need to make a ‘dock identification’ anymore. Something which can be distressing.
• Instead, the Crown can submit a report to the court naming the person identified by the witness from an ID parade, or other identification procedure. This will be accepted unless challenged by the accused or their solicitor.

Question 12

Define Evidence.

Answer 12

Evidence includes all legal means (exclusive of mere argument) which tends to prove or disprove the truth of the subject before the court.

Examples: eye witness statements, CCTV, DNA, fingerprints, admissions, forensic material.

Question 13

What is meant by Onus of Proof?

Answer 13

• The prosecution must prove the guilt of the accused, BEYOND REASONABLE DOUBT. The accused does not need to offer any explanation for their conduct.
• 3 types of verdict in Scots law = Guilty, Not Guilty and Not Proven (this is where they were unable to prove beyond reasonable doubt).

Question 14

Explain the essentials required to prove the guilt of an accused.

Answer 14

CRIES:

Crime has been committed - before providing the accused has committed a crime, the prosecution has to prove a crime was committed.

Relevant charge to the crime - the charge made against the accused must relate to the criminal act committed.

Identification of the accused as the culprit - the accused must have been identified using corroborated evidence e.g. eye witness(s), forensic evidence, CCTV.

Evidence is competent/admissible - Police disclose all evidence to the court. The court decides what is competent and admissable.

Sufficient evidence to prove the case - there must be sufficient, admissible evidence to prove beyond reasonable doubt that the accused committed the crime libelled.

Question 15

Explain the principle of corroboration.

Answer 15

• One piece of evidence is supported by another.
• Scots Law requires evidence from at least 2 separate sources to convict an accused.
• E.g. separate eye witness testimony, circumstantial evidence or physical articles of evidence (productions).

Question 16

State the rule of best evidence.

Answer 16

The best evidence available must ALWAYS be led. The courts won’t allow evidence which by it’s very nature implies that better evidence is available. E.g. perishable evidence like fresh food - a printed receipt would be the best evidence as can’t bring in the perishable goods. Exception: authenticated copies of a document may be led even when the original exists.

Question 17

What is documentary evidence?

Answer 17

• Documentary evidence - “Evidence of fact brought to the knowledge of the court by inspection of a document produced to the court” e.g. CCTV disc, notebook, screenshots of whatsapp, photos.
• Example: the court will normally accept that a substance is a certain drug if a certificate from 2 forensic scientists is produced.

Question 18

What is hearsay evidence?

Answer 18

“Evidence at second hand given by a person who is merely repeating something said by another person”.

• Because of the rule of best evidence, hearsay is normally inadmissible.
• Exceptions:

Caution - statements made by the accused after caution.
Involuntary - exclamations made by person at the time of the incident e.g. “He’s got a knife”.
Death - statement made by a witness on their deathbed.

Question 19

What is meant by a credible and competent witness?

Answer 19

Credible = “One whose evidence is held by the court to be trustworthy no matter how bad the character of the witness may be”. The PF will decide who is called as a witness but you can write in your Remarks section on the SPR if you have found them to be untrustworthy etc.

Competent = When the court decided to permit a person to give evidence this person is described as a competent witness. When a witness is cited they MUST attend to give evidence.

Police Officers are always Credible AND Competent witnesses.

Question 20

What is the Common Law Caution and when should it be used?

Answer 20

“You are not obliged to say anything but anything you do say will be noted and may be used in evidence”.
This is said to a person:
- Prior to a search
- When someone is identified as a suspect
- Who is an arrested person or
- Prior to any questioning

Why? Advising them of their RIGHT to remain silent. Fairness. They must be asked if they understand. If not, try simpler terms, interpreter or appropriate adult. You must note any response to them understanding and thereafter. Check for understanding e.g. “What is your understanding of what I have said to you?” “What part did you not quite understand?”.

Only required when their is evidence to suggest that the person you are speaking with was involved. You might be speaking to someone that you had not initially suspected but then they say something incriminating. At that point, they should be cautioned straight away. Note what they said that led to the caution AND any further comments after.

Question 21

Explain the term sufficiency of evidence.

Answer 21

To prove guilt of an accused, the evidence must be admissable (competent) BUT also there must be enough of it. There must be sufficient, admissible evidence to prove beyond all reasonable doubt that the accused committed the crime or offence libelled. This involves the principle of corroboration.

Question 22

What is meant by best evidence in respect of two or more eye witnesses?

Answer 22

• An accused can be found guilty on the seperate testimony of two or more credible eye witnesses who saw the accused commit the crime.
• This kind of witness evidence is the BEST EVIDENCE and as such should be led first.
• The courts will not accept the testimony of a single eye witness, no matter how credible they are UNLESS there is further evidence by a second witness or enough circumstantial evidence.
• It is sufficient to convict based on 2 witnesses whom the court believes, regardless of how many other witnesses contradict them.
  EXCEPTION: Road Traffic Offences. In some cases, only 1 witness is required.

Question 23

Identify the corroborative evidence required to support the evidence of one eye witness.

Answer 23

Circumstantial evidence that amounts to another eye witness e.g. Man who murdered co-worker - umberella moved in his car, he had a motive (affair), tried to give himself an alibi, took way longer to get to his destination than should have etc, obsessive phone calls.

Question 24

What is meant by circumstantial evidence?

Answer 24

Evidence provided by the facts or circumstances of the events which have an apparent relation to the crime and which can allow inference of guilt, or innocence, of the accused person.
Used for when there are none or only one witness.

Question 25

What elements could provide sufficient circumstantial evidence to convict, in the absence of eye witnesses.

Answer 25

An accused can still be convicted if the prosecution can lay before the court sufficient circumstantial evidence which forms an UNBROKEN CABLE, the material facts and circumstances of which, point to the guilt of the accused. The more strands contained in the cable, the more corroboration is secured and the stronger the cable becomes i.e. the stronger the prosecutions case. MAGICOP Motive Ability Guilty Intent Identification - forensic evidence, DNA, fingerprints, fibres (always need this or the cable breaks) Conduct after the Crime - e.g. evidence that the accused has disposed of incriminating evidence. Opportunity - evidence that the accused was at or near the locus at the time, or had access. Preparation - evidence of purchasing a weapon or tools for break in etc. Note: Not all strands must be present but the fewer the strands, the weaker the case. The central strand must ALWAYS BE IDENTIFICATION. Each strand must be proved by evidence from a witness e.g. fingerprint - officer who finds it must get corroboration as to its position from another officer.

Question 26

What is the Moorov Doctrine?

Answer 26

The evidence of one witness alone is normally insufficient. However, in the right circumstances, the evidence of separate witnesses can be corroborative if there is sufficient similarity and connection between the incidents to reasinably and safely infer that the crimes are linked and committed by the same person. In essence; 2 or more crimes or offences which are committed by the same offender, but Only 1 witness is available for each crime (different eye witness for each crime). Mostly used for cases of indecency.

Question 27

What is the Howden Principle?

Answer 27

This relates to similar offences that have occurred but the identification strand is NOT AVAILABLE for every crime or offence. If there is ID of an accused for one offence and the circumstances of the other offences are deemed to be so similar then it is possible that the accused may be convicted e.g. theft by housebreaking.

Question 28

Explain the underlying concept of the “Presumption of Liberty” under the Criminal Justice (Scotland) Act 2016 and the specific duty under Section 50 (not to detain unnecessarily or unreasonably).

Answer 28

Section 50 of the Criminal Justice Scotland Act 2016 states that; “A Constable must take every precaution to ensure that a person is not unreasonably or unnecessarily held in police custody”. Someone’s liberty will only be taken away where it is necessary and only for as long as required. Compliance with Section 50 will be the responsibility of all involved from the arresting and enquiry officers to the custody officers. All arrests must aways be: ``` PROPORTIONATE LEGAL ACCOUNTABLE NECESSARY ETHICAL ```

Question 29

Explain the procedures of and advantages of making an arrest.

Answer 29

When to Arrest Refusing to desist Abode (not fixed) Interest of public safety or safety of offender Satisfaction of name and address - cannot verify Evident intention to abscond + Interview Note witness statements/further enquiry Get samples e.g. DNA, from locus or suspect. It will not always be necessary to arrest someone despite a crime or offence beng committed. E.g. urinating in public. Can use Direct Measures. Advantages of Arrest Search - to find articles that could cause injury, to seize evidence and to confirm identity. Photograph Identification parade Non-invasive samples - e.g. saliva, hair sample, sample from nails, samples of blood, body fluid or body tissue. Finger/palmprints Restraint and control - to prevent an arrested person from disposing of evidence or communicating with others. Examination of injuries Dental impressions and other Invasive samples - invasive samples only take by consent or warrant. DNA samples taken from suspects of certain sexual or violent offences (even if the person is not convicted) can be kept for up to 3 years (and sometimes longer if authority given). Other crimes, they will be destroyed if the accused is not convicted. When arresting, the Officer should read from their Aide Memoire ASAP as per Section 3 of the Criminal Justice Act: ``` Inform the person that they are under arrest Nature of the offence Reason for the arrest Administer the common law caution Note any replies (verbatum) Solicitor - intimation and access ``` “I am arresting you under Section 1 of the Criminal Justice Scotland Act 2016 for Assualt. The reason for your arrest is that I suspect that you have committed an offence and I believe that keeping you in custody is necessary and proportionate for the purposes of bringing you before a court or otherwise dealing with you in accordance with the law. Do you understand? You are not obliged to say anything but anything that you do say will be noted and may be used in evidence. Do you understand? I require you to give me your name, date of birth, place of birth, nationality and address. You have the right to have a solicitor informed of your arrest and to have access to a solicitor. These rights will be explained to you further at a Police Station.” Note: if you are unable to complete this procedure e.g. the arrested person is violent, then you must do it as soon as is practicable. Information to be recorded: Time & Place of arrest General nature of the offence for which the person is arrested Reason for the arrest Time at which and by whom the person was advised of the info to be given on arrest Name, date of birth, place of birth, nationality and address of arrested person Any further reply by arrested person. Where transported following arrest by Police, time & place of departure and time & place of arrival. If release from custody before arrival at a Police Station, the details of the liberating officer and the release rationale.

Question 30

Explain the difference between Officially Accused and Not Officially Accused.

Answer 30

Officially Accused - they have been arrested under the powers of Section 1 and where SUFFICIENT, ADMISSABLE evidence exists to caution and charge the suspect. You would need to fully justify that person’s arrest using the RAISE+ING mnemonic. Not Officially Accused - they have been arrested under Section 1 but they have not been cautioned and charged as there is not a SUFFICIENCY of evidence at that time prior to charge AND further enquiry is required.

Question 31

Decsribe the station arrest authorisation and review process.

Answer 31

Not Officially Accused Arrest Authorisation & Review Process A person arrested under Section 1, Not Officially Accused, requires formal authorisation for the arrest (Section 7). This needs to be given ASAP at the custody centre by a Sergeant not connected to the case, usually a custody Sergeant. This is only provided where there are reasonable grounds for suspecting that the person has committed the offence and keeping the person in custody is NECESSARY & PROPORTIONATE. If no authority is given then they must either be charged as Officially Accused OR let go.

Question 32

Explain the 12-hour investigatory arrest clock.

Answer 32

- Someone arrested as Not Officially Accused can be held for a max of 12 hours to allow further investigation. This commences at the time the arrest is FORMALLY AUTHORISED by the custody sergeant. - After 6 hours the circumstances must be reviewed by an Inspector not connected to the enquiry. - Key feature of Section 1 = suspect can be arrested for the same offence more than once. As long as the accumulative arrest time does not exceed 12 hours. The 12 hour clock will be paused if the accused needs to go to hospital. - In exceptional circumstances the 12 hours can be extended. By an Inspector or above for those 18+. By a Chief Inspector if Under 18. This would not allow for release and re-arrest.

Question 33

Explain the procedure regarding voluntary attendance at a police station.

Answer 33

Scenario: Suspect hands themselves in to a Police Station and wishes to give information regarding a crime or offence. In this scenario the following will happen: - Declaration of Voluntary Attendance at a Police Station form to be filled in. - Voluntary attendees can leave at any time. They must sign the voluntary attendance form or won’t be processed and may be asked to leave. - If their attendance allows for sufficiency of evidence, then they can be arrested under Section 1. - If a Child attends then they must be with a suitable parent or guardian. The adult must sign the form and the child will have the opportunity to. - hose attending on a voluntary basis will have the same rights as those persons arrested.

Question 34

Identify the offences covered under Police and Fire Reform (Scotland) Act 2012 (Sections 90 and 91).

Answer 34

Section 90 covers: Assault Resist Obstruct and Hinder A Constable or member of police staff, acting in that capacity. Section 91 cover: Removing a person from custody Assisting the escape of a person in Custody

Question 35

State some examples of when Officers might not be able to caution and charge someone immediately?

Answer 35

- When they remain a suspect to allow enquiries to continue - A person's level of intoxication through drink or drugs - Interpreter or Appropriate Adult required - Level of violence - Mental health issue - Younger child (U16 or Under 18 subject of compulsory supervision order). A person arrested 'Not Officially Accused' will require to have their arrest authorised in a formal process at the custody centre.

Question 36

When would you charge a suspect?

Answer 36

- After arrest where sufficient evidence exists and all lines of enquiry have been exhausted. - The arrest status would be/or change to “Officially Accused” - A person may also be charged if there is a possibility that the facts may be reported to COPFS e.g. ASB FPN or Endorsable and Non-endorsable Conditional Offers. Step 1 is investigating and collating evidence. Step 2 is charging an offender. The evidence may pertain to common law or statute law. Once there is sufficient evidence, you should caution and charge a suspect WITHOUT DELAY.

Question 37

Explain the importance of proving the contents of a charge.

Answer 37

- If the information you supply in a charge is not accurate or you can’t prove the key elements of a charge, then the PF may throw the case out. - It’s not up to us to decide whether the charge is correct and if the evidence is sufficient for criminal proceedings. However, it is based on the info in the SPR that WE submit. - The more evidence and the more sufficient the evidence is - the more likely it is that the charge will stick.

Question 38

Describe how to formulate common law charges (the Universal law of the country, the fundamental principles which have existed from time immemorial).

Answer 38

Regardless of whether the charge is common law OR statute law charge, the formula is as follows: ``` Date of offence (when) Locus (where) The accused (who) Nature of the crime or offence (what) Mode of preparation (how) Value of property (if relevant) Statute contravened (where appropriate) ``` Example On 3rd July 2022 at Gamestation, 45 High Street, Brookbank, BB11 3A. You, David James did assault Steven Jones, care of Police Service of Scotland. And did punch and kick him on his body.

Question 39

Describe how to formulate statute law charges.

Answer 39

The formula is the same except you add in the act that has been contravened. Example: “On 22nd January 2022, at Brookbank Crescent, Brookbank, you Simon Ferguson did act in a threatening and abusive manner, and did shout and swear, contrary to Section 38 Criminal Justice and Licensing (Scotland) Act 2010”. When there are multiple people being charged for the same crime, then all names should be included in the SPR with oldest suspect first.

Question 40

Explain police powers under Section 13 of the Criminal Procedure (Scotland) Act 1995, in relation to the identity of witnesses and suspects.

Answer 40

In most cases, you shouldn’t need/should avoid having to resort to Police Powers if possible. If a Constable has reasonable grounds for suspecting that an offence has been or is being committed and believe that a person has information regarding the offence i.e. is a possible witness then they may require that person give them their: NAME ADDRESS D/O/B & place of birth Nationality Witnesses - Once this information has been provided, we have NO POWER to keep them. They are free to leave the scene if they so choose. They are also not required to remain while you verify the details they give you. Suspects - must remain until details verified. You must tell them the nature of the crime you believe they have witnessed and the reason that you think they have information on that crime. Any person who fails to provide the above details, without reasonable excuse, commits and offence. “In terms of Section 13 of the Criminal Procedure (Scotland) Act 1995, I suspect that an offence has been/is being committed, namely Assault and I believe you have information relating to that offence. I require you to give me your name, address, date of birth, place of birth, and nationality and failure to do so without reasonable excuse constitutes an offence for which you may be arrested under terms of Section 1 Criminal Justice Scotland Act 2016” You should use your AIDE MEMOIRE when available EVERY TIME.

Question 41

Explain police powers under Section 13 of the Criminal Procedure (Scotland) Act 1995, should a witness or suspect fail to comply with requirements.

Answer 41

Same as above except it’s for when you have reasonable grounds to suspect that a person has committed, or is committing an offence. The Constable may also ask them to give an explanation of the circumstances giving rise to their suspicion. You CAN require them to remain with you until their details are verified and while you note any explanation. Any suspect who fails to comply, without reasonable excuse, commits and offence. “In terms of Section 13 of the Criminal Procedure (Scotland) Act 1995, I suspect you of committing/having committed an offence namely Assault. I require you to give me your name, address, date of birth, place of birth and nationality. You are not obliged to say anything further by way of explanation but anything you do say will be recorded and may be given in evidence. I also require you to remain with me while I verify your name, address, date of birth, place of birth, and nationality and note any explanation given by you. Failure, without reasonable excuse either to give your name, address, date of birth, place of birth and nationality or to remain wth me when required to do so constitutes and offence for which you may be arrested under terms of Section 1 Criminal Justice Scotland Act 2016”. Anyone who contravenes Section 13 Criminal Procedure Scotland Act 1995 can be arrested. “I am arresting you under Section 1 of the Criminal Justice Scotland Act 2016 for failing to provide details as required under Section 13 Criminal Procedure (Scotland) Act 1995…”

Question 42

Identify the risk factors officers must consider prior to arrest.

Answer 42

- Vulnerable, hostile or intoxicated persons - Mental and medical health conditions - Warning markers - Head injuries and other injuries e.g. banging their head against the police car. - Physical disabilities - Alcohol/drug dependency or use of NPS - Withdrawal symptoms - Attempts/thoughts of Self-harm or suicide - Medication - Dental/medical implants - Dietary requirements - Difficulties in reading or writing - Pregnant - HM Armed Forces - Compliance issues e.g. fighting or trying to escape.

Question 43

Explain the importance of searching an arrested person.

Answer 43

- Officers and public safety - To preserve and recover evidence - To prevent self-harm by the prisoner - To prevent escape e.g. tools to aid escape.

Question 44

State the levels of search within a custody environment.

Answer 44

- Standard - can be used operationally and in custody. - Strip searching - custody ONLY. - Intimate search - custody ONLY.

Question 45

Explain the risk assessment procedures in relation to the care and welfare of an arrested person.

Answer 45

Persons are either HIGH or LOW risk. - arresting Officers will give any relevant info about the person e.g. behaviour, injuries. Idea is to ascertain any vulnerabilities or threats. - 21 Vulnerability Assessment Questions (WAQ) - This plus Officer’s observations will contribute to a care plan. - Custody Sergeant then grade them low or high risk. - Observation levels agreed e.g. 15/30/60 mins, cell type and anti-harm clothing or blankets if required. - Reasonable adjustments made for religious culture, physical disability and any other diversity consideration. - 9 Suicide prevention questions.

Question 46

Explain police procedures in relation to the legal rights of all persons when arrested.

Answer 46

- Everyone - Right to consultation with a solicitor at any time - this can only be delayed by Custody Sergeant in exceptional circumstances. - Adults - are allowed to have one reasonably named adult informed of their custody. The Police can only delay this if it’s in the interest of the investigation, for the prevention of crime or the apprehension of offenders. They also have the right to have a solicitor informed of their arrest and consultation. They have the right to have a solicitor present at any interview. These rights can be waived by an individual provided they have capacity. - Vulnerable person - Aged 16 or over and appears to have a mental disorder affecting their ability to communicate with police and/or understand what is happening, the investigating officer must request the attendance of an Appropriate Adult to assist. A person who requires this, cannot waive their right to a solicitor being present during interview. - Children in custody - someone U18. - Younger Children (U16 and also anyone U18 subject to a compulsory supervision order (CSO). - They must have a parent or guardian or Social Work informed of their arrest. The adult MUST be given access to the child. Even if the child requests them not to be informed. Only exceptions are if 1. Delay in giving access is necessary due to the suspicion that the parent or guardian may be involved in the crime or offence or 2. Delay is necessary in the interests of the wellbeing of the child. The child also has right of intimation and consultation with a solicitor. A child CANNOT be interviewed by Police without a solicitor being present. This right CANNOT be waived. - Older Children (16 or 17 years old, provided they are NOT subject to a CSO). They may elect to have an adult reasonably named by them informed of their custody. They may request a visit from that adult whilst in custody. This request MUST be accommodated. This can only be delayed 1. In the interest of the investigation 2. Prevention of crime or 3. The apprehension of offenders. They have a right of intimation and consultation with a solicitor. They CAN CONSENT to interview without a solicitor present, ONLY with agreement of the named adult. Note: If they don’t want a solicitor, then a named adult MUST consent. If they don’t sign the form, then we can’t interview them. Prior to Interview: ``` PIRoS Form (Police Interview - Right of Suspect Form) Pre-interview review of rights (no more than one hour before). Best practice is to do it right before interview commences. Aide Memoire to be used. ``` Interpreters/appropriate Adults for those whom English isn’t their first language or any learning difficulties. All prisoners MUST understand their rights! Same goes for deaf people.

Question 47

State the alternatives available when deciding whether or not to liberate an arrested person from custody.

Answer 47

Custody Disposals Pre-charge 1. Released without charge as grounds no longer exist. 2. Released pending further investigation, while the enquiry continues 3. Released on investigative liberation with conditions (conditions can only be applied by a Sergeant or above not connected to the case). Max 28 days. Post-charge 1. Release for report (Summons) 2. Release for Undertaking - a signed written agreement where they agree to the terms outlined. If they refuse they are kept in custody. The agreement is usually to appear at a specified court date at a specified time and comply with any conditions e.g not to commit any offence, interfere with witnesses or evidence. Other examples include curfews. 3. Keep in custody pending court appearance next lawful day - usually next day except over weekend

Question 48

Identify the more common types of warrant.

Answer 48

- Apprehension Warrant - Arrest Warrant to bring person before issuing or competent court without delay. Allows for breaking open lock fast places. Often when an accused cannot be traced or has gone into hiding or for those who fail to appear at court. A constable may break open shut and lockfast places when executing an apprehension warrant - Means Enquiry Warrant - Failed to pay a fine within time frame given. Either collect fine OR arrest offender and bring to court to enquire about means to pay fine. The court will then assess and possibly give them more time. Issued where a fine has been imposed on a person as part of a sentence and has not been paid. The person can then be arrested and put before a means enquiry court to ascertain their ability to pay the fine. - Extract Conviction Warrant - Failed to pay fine and an alternative prison sentence has been imposed instead. A custodial sentence can be imposed on a person in the absence of the ability to pay a fine. The person can be arrested by police and given the opportunity to pay the fine. If the fine is not paid then the custodial sentence is to be imposed. No authority to force entry. - Witness Warrant - deliberate and obstructive failure to attend court as a Witness despite being cited. No authority to force entry. - Breach of Home Detention Curfew Warrant - if they breach this then next step is to submit an SPR for breaching curfew with view to gain warrant for arrest. - Revocation of Licence Warrant - prisoners released on parole before completing their full sentence are released subject to ‘Conditions of License’. If they breach these conditions, the Court has the power to revoke this license and have Police arrest and return them to prison.

Question 49

Explain how an apprehension warrant is obtained.

Answer 49

- Ensure you have exhausted all other means of tracing accused. - Submit an SPR “warrant craved case” to the PF. - If satisfied, will apply to the Sheriff or Justice of the Peace for a warrant. - Might have to speak directly to the PF for permission to obtain warrant. - Or a verbal application directly to the Sheriff or JP.

Question 50

State the police powers available to execute a means enquiry warrant.

Answer 50

- Power to request payment of fines allocated by the Court. - This can be conducted in ANY place the Officer has a right to be. - Only payment of the FULL AMOUNT is acceptable. - If the subject has had the opportunity to pay and refuses to pay, you should arrest them. - NO AUTHORITY TO FORCE ENTRY. - Any payment must be corroborated and a receipt issued. Can do this in your notebook, ask them to sign to say they have paid.

Question 51

Detail what should be checked on a warrant prior to execution.

Answer 51

ARMREST!! ``` Accused’s personal particulars Reason for arrest or charge Means Enquiry - amount of fine outstanding Remember to check the date of issue Extent of police powers Signature of issuing authority The date and court where sentenced ``` Note: If any of the above are incorrect, then the warrant may be invalid.

Question 52

Explain the procedures to be adopted prior to executing a warrant and action at a suspect’s/accused’s house.

Answer 52

- Enquiries - PNC/CHS checks, Local Voters Roll, Criminal Intelligence, Local Housing Authorities, Force Liaison Officers for possible whereabouts or associated. - Check the warrant to ensure there is no pertinent information e.g. “Not to be detained overnight” or “DNA to be obtained”. - Either have the warrant with you, a photo copy if not possible and at the very least a good knowledge of what’s in the warrant. The suspect must be shown the original as soon as possible after the fact. - Plan your tactics - when will you execute the warrant? Ensure sufficient officers present to control all exits. - Knock at the door and state that it’s the Police with a warrant. - Inform them what is in the warrant and permit them the opportunity to see it WITHOUT destroying it. - Check the ID of the person, caution them and note any reply. - Execute the warrant by searching the premises or arresting the person (depends on the warrant type). - If have an Apprehension Warrant and entry is refused, forced entry is allowed. Only as a last resort and reason to believe they are inside. - Record: Time & place of arrest, general nature of offence, time advised of rights, (Name, D/O/B, place of birth, nationality and address of arrested person), where transported to following arrest by Police and/or time of release.

Question 53

Identify the categories of warrant.

Answer 53

A: All petition warrants Failure to appear at High Court of Justiciary or Sheriff and Jury. Accused presents a substantial risk to the public Cases with a sexual element Warrants agreed as a local priority B: Not cat A but involves use or possession of weapons Not cat A but racially aggravated or involves religious prejudice. Not cat A but involves domestic violence Serious RTA offences Undue delay warrants (where a case may be time barred if proceedings do not commence within a specified time. If the barring date falls within the 28 day timescale for execution, the warrant will be treated as category A). Agreed locally as cat B. C: - All other warrants sent for execution which have not been categorised as A or B. Unclassified: Unpaid financial penalties Warrants not sent for execution

Question 54

State the timescale for execution of warrants.

Answer 54

Category A = Within 21 days Category B = Within 28 days Category C = Within 60 days Unclassified = by local agreement.

Question 55

Explain the rules regarding notebooks.

Answer 55

You should never make notes elsewhere and then copy them into your notebook. If you make notes elsewhere, then these should be lodged as a production instead. ``` No Erasures or obliterations No Leaves torn out or damaged No Blank lines to be left No Overwriting No Writing between the lines, except corrections. ``` If you make a mistake, put a single line through it and add you initials to this. If it’s a witness statement get them to initial it too. Security - carry it at all times. Report any loss or theft of notebook immediately. It is a restricted document so court or witnesses should only be allowed to read relevant pages.

Question 56

Explain how to make entries in your notebook.

Answer 56

- Record start and end of each shift. - Entries should be made chronologically & each entry timed (use pre-printed margins for this). - Each entry should contain sufficient (but not excessive) information to make it understandable. - BLACK INK or pencil ONLY. - Legible. - Keep it with you, even on days off. These should also be indicated in notebook. - When on duty with another constable, both Officers should enter details that may be used in Court e.g. details of caution & charge and replies.

Question 57

Identify when you can use your notebook in court.

Answer 57

- Consult your notebook before attending court. - You can also refer back to it in Court if in doubt or if repeating a lengthy statement. - Before referring to your Notebook, as a courtesy you should ask permission of the Court’s presiding official. - The defence can ask to look at the notebook if it is produced in this manner. - Use paper clips, bands etc. to limit the Court’s access to relevant pages.

Question 58

Should both Officers have their notebooks out at the same time?

Answer 58

No. For operational safety reasons. - It is usually sufficient for 1 officer alone to enter all of the details of the case. - Both of you should, however, enter the details on which you may be called to give evidence in court e.g. caution and charge and any replies.

Question 59

State the particulars you need to obtain from an adult.

Answer 59

``` Name (first, middle, last, aliases, maiden if applicable) - for women who have been married they might go by e.g. Janet Margaret Baxter or Allan or Jamieson (the most recent surname goes first). Sex (gender) (Age) Date of Birth Place of birth Nationality (ethnicity) Home address Telephone number Email address Employment Title Employment details ```

Question 60

State the particulars you need to obtain from a child.

Answer 60

``` Name (first, middle, last, aliases) Sex (gender) (Age) Date of Birth Place of Birth Nationality (ethnicity) Home address Telephone Number Email address ``` + Parent or Guardian’s Particulars Same as Adult particulars with addition of their relationship to the child/young person. Might also include any relevant agency details e.g. Education - school or Head Teacher, Social Work - allocated Social Worker, Health - Details of child’s GP.

Question 61

Why do we ask for the date of birth and age?

Answer 61

To make sure they both add up. Some people might try to give a false D/O/B but then can't work out the right age or vice versa.

Question 62

Explain the purpose of a Standard Prosecution Report (SPR).

Answer 62

- Formal way for Police Officers to report accused persons to the PF. - Ensuring a standardised approach to report writing across Scotland. - Used to present pertinent info in a logical and accurate manner for consideration by the appropriate PF to allow them to establish if crime or offence has been committed. - This then allows them to decide which Court is most appropriate to progress the case through, if any measures are required to protect the victims or witnesses and if the case requires any further enquiry. - Must include BOTH inculpatory and exculpatory evidence.

Question 63

Outline the substantive contents of an SPR.

Answer 63

Prejudice Incident- has the offence been committed against the victim due to the victim’s protected or perceived protected characteristics? Send to - in most cases it’s the PF but could also be Children’s Reporter or both. Reporting Officer - Officer completing report. This is possibly different to the Enquiry Officer. The Reporting Officer will normally be called as the first Police Witness to answer important questions about the case. Supervisor - Normally a Sergeant. Particulars of Accused - if there is more than one accused, then details of all accused as per involvement in crime. Name - full and verified name of accused including married names, other names etc. Alias - this also includes false details that an accused has given. Occupation - as the crime may affect their employment. Also helps the PF decide whether they will have ability to pay a fine. Contact details - allows the courts to make contact so v important! Accused Undertaking - only if the accused has been released on Police Undertaking and will contain the relevant undertaking details. Bail Information - 7 bail questions. Witness details - Civilian witnesses listed first and then Police witnesses. Include any non-availability due to holidays AND vulnerabilities noted here. Witness address - should always be ‘care of Police Service of Scotland’. This is Disclosable to defence so NEVER use personal address. Witness address (non disclosable) - actual home address and contact info. Witness antecedents - any additional support requirements. Police witnesses - non availability. Describe their involvement in the Analysis of Evidence section. Charge - highlight any aggrevations in any charge. Multiple charges can be listed, but must be chronological. Any compensation outlined e.g. cost of replacing damaged window. Summary of Events: Antecedents of accused - e.g. first offence so might suggest Direct Measures instead. Description of locus - busy/quiet, CCTV, street lighting, nearby premises etc. Description of Events - main body of the report. Do not include any non-disclosable info here. Medical evidence - complete even if no injury has occured. Medical opinions e.g. prognosis and treatment. Police Interview/Text of Admission - rights of the accused linked to solicitor access. Caution & Charge/reply - evidence of caution and charge. Any witnesses present and any replies given. Must state whether the accused understood the charge. Analysis of Evidence/Identification of the accused - includes each witnesse’s evidence and what they SPEAK TO. If and how the witness can identify the accused. Civilian witnesses and then Police (generally). Details of known defence - any exculpatory evidence/info known. Info held by other agency e.g. other Police Force. Further Enquiry - what lines of enquiry have been identified. This allows the PF to guide further enquiry if necessary. Remarks/key info - reporting officer can highlight any other relevant info. E.g. credibility of witness. Productions - all productions or case related documents listed in summary MUST be listed here.

Question 64

What are the 3 SPR priority types?

Answer 64

1. Custody Report - Highlight that the person will be appearing from custody. 2. For any Summons report or Report for Warrant. 3. Undertaking Report - For any accused who has been released on Police Undertaking. If the accused has been released on undertaking additional information is required within the report.

Question 65

Which parts of an SPR are Non-Disclosable?

Answer 65

- Summary Antecedents - Further Enquiry - Witness Address - Remarks/Key Information

Question 66

Describe what a Recorded Police Warning is.

Answer 66

- A non-reporting option (i.e. isn’t reported to PF and no SPR filled in) - To address minor offending behaviour which would otherwise be reported to the PF. - Alternative to reporting, not alternative to a verbal warning. Must have sufficient evidence that it could be reported. - Can be issued on the spot, from custody OR retrospectively following investigation. - A ticket which outlines the time, date, locus and nature of offence. - Issuing Officer will update relevant police systems.

Question 67

Explain criteria for issuing a Recorded Police Warning.

Answer 67

- The offender is 16 or older (and NOT subject to a compulsory supervision order). - The offence is minor in nature and suitable for being dealt with by an RPW. - There is sufficient evidence to report the offender to the PF. - The offender is suitable and able to understand the RPW that is being issued. - The identity of the offender can be proved, should this be disputed at a later date. They may NOT be issued if: - Persistent or alarming conduct - Major disturbance - Aggravation e.g. racial, religious, domestic, sexual etc. - Repeat victim - Significant harm to individual or community. - Subject to bail - Supervision order or ASBO - Offender is to be charged with more serious offence - Previous conviction in court for a similar charge in the previous 3 years - Any link to serious or organised crime groups. - If co-accused and one member does not fit criteria for RPW then no-one can have one and all must be reported. - 18 and over should not receive more than 1 in 3 month period and more than 3 in 12 month period. - 16/17 years old (and not subject to CS)), may not be issued with more than 2 in 3 month period AND more than 4 over 12 months.

Question 68

Explain what an Anti-social Behaviour Fixed Penalty Notice is.

Answer 68

- Can be issued on the spot or subsequently after review of circumstances. - Ticket issued outlining time, date, locus and nature of offence. - Offers offender to pay a Fixed Penalty of £40 withing 28 days. The increased by 50% to £60. - If paid, can’t be convicted of the offence. However, if refuse to pay or can’t pay, then can request a Court Hearing instead. - Crimes that are eligible: Riotous behaviour while drunk in licensed premises Refusing to leave licensed premises Urinating or defecating causing annoyance to others Being drunk and incapable in a public place Being drunk in a public place in charge of a child (unlikely not to be escalated) Persisting to annoyance of others with musical instruments, Vandalism Consuming alcohol in a public space Breach of the peace Malicious mischief.

Question 69

What is the criteria for issuing an ASB FPN?

Answer 69

- 16 years or over (and not subject to a CSO) - Committed a Fixed Penalty Offence - In Scotland. If the above are satisfied, then can issue a FPN.

Question 70

When can a Fixed Penalty Notice be revoked?

Answer 70

- The offence was not committed - The FPN should not have been issued to that person e.g. false details given. - If revoked, no amount is payable and any amount paid will be refunded to the person who paid it.

Question 71

What are the benefits of employing Non-Reporting and Non-Court options?

Answer 71

- Save Police time as no longer need to complete full reports for minor offences. - Gives officers discretion whether to remove offenders to custody centres or not. - Cases can be disposed of without full recourse to the court process. - Police can operate a clear and consistent approach to tackling minor offences.

Question 72

Explain why we require statements.

Answer 72

- To help make enquiries into crime/offences. - Statement allows police to record info held by the witness. - This helps Police build an accurate picture of what happened. - It will help show whether there is SUFFICIENT evidence to prove a crime and who is responsible. - Sets out what the witness might be willing to say in evidence at court OR if witness is then unable or struggling to give evidence, the statement can be used. - It can also be used to help defence case in order to provide a FAIR TRIAL. - Witness might not remember what happened months, years down the line.

Question 73

State disclosure obligations in respect of witness statements.

Answer 73

- Where the National Standard Statement (NSS) form clearly states ‘disclosable’, then anything written can be shared with defence. - Anything ‘non-disclosable’ will not. E.g. witness address. - Inculpatory AND exculpatory evidence must be included.

Question 74

Identify the content and form required for National Standards Statements.

Answer 74

- National Standard Statement (NSS) Form used regardless of whether the case is at summary or solemn level. - Section 1 - Personal Details (Disclosable) - Section 2 - Provenance (Disclosable) - the Who, what, where, when as well as what format of witness statement and how authenticated e.g read over and signed. - Section 3 - Statement (disclosable) - free text is the main witness statement and should be in their own words as much as possible. - Section 4 - Confidential material - information that can be withheld from the defence e.g. alternative address (home) or identity. - Section 5 - Dates of unavailability - holidays or other unavailability. - Section 6 - Other confidential information - medical, sexual or personal nature, expressions of opinion or background to any previous convictions. - Should include CHS reference number for a witness if applicable. - Make sure spelling of names, addresses etc. correct. - Witnesses of same incident should have their statements taken separately. - PRICE model should be used when interviewing. ( - Ask witness to read over and sign each page of the statement. - Write statements in first person e.g. I saw…I did.. - Chronological order - Conclude statement with whether the witness can identify the accused. “I can confirm that this is a true and accurate record”.

Question 75

What are the Turnbull Rules?

Answer 75

Guidance for statement taking when identification is an issue. A good statement for an eye-witness account of an incident should include the following: ADVOKATE - Amount of time in total the suspect was under obs by witness. - Distance between the witness and the suspect during the obs. - Visibility at the locus at the material time. - Observation in any way impeded at any time. - Known to the observer. Was the suspect known personally/seen before. - Any reason for remembering the person they saw e.g. distinguishing features. - Time elapsed between obs and police ID. - Error in description. Was there any material discrepancy between the description of the accused given to the police by the witness and their actual appearance.

Question 76

Describe the different types of witness you may encounter.

Answer 76

- Helpful witness - sometimes too helpful. - Reluctant witness - refuse or reluctant to give a statement e.g. fear of attending court, fear of retribution, fear of incriminating a close one. - Lying witness - could potentially go from a witness to a suspect as trying to pervert the course of justice or wasting police time. - Differing versions - either wildly different or far too similar (collusion). - Child witness - may require assistance from specialists. JII = Joint - Investigative Interview. - Vulnerable witnesses - ensure correct levels of support provided.

Question 77

State the considerations in relation to Child witnesses and Vulnerable Witnesses.

Answer 77

- U16s - Mental disorder - Fear/distress in connection with giving evidence - A victim/witness should be able to obtain info about what is happening in the investigation or proceedings. - The safety of the victim/witness should be ensured during and after the investigation/proceedings. - They should have access to appropriate support during and after. - They should, where appropriate, be able to participate effectively in the proceedings. - Gender of interviewing officer can be specified when: Sexual Offence, Trafficking & prostitution, assylum and immigration offences, domestic abuse and stalking. Also best practice for: honour based abuse, female genital mutilation and forced marriage. - Pre-recorded evidence - Evidence on Commission.

Question 78

State the signs of trauma in witnesses.

Answer 78

“ a normal human response to abnormal events” - Depression - crying - Numbness - Stress - Nausea - Shame/guilt - Social isolation - Triggers - Alcohol/substance abuse. - Self harm - Dissassociation - On edge/hyper vigilant.

Question 79

Explain why we submit operational statements.

Answer 79

- PF may require them in order to prepare for a case and to pass on to defence. - Disciplinary complaint and there is a Professional Standards Enquiry. - Counter corruption enquiry. - Police investigations and review commissioner enquiry e.g. a death in police custody. - To paint a clear picture of events according to YOU e.g. observations, actions, search/arrest powers used, details of interviews conducted. We do not write statements on behalf of other officers.

Question 80

State what information should be included in an Operational Statement.

Answer 80

- Who you are e.g. Police witness Mackintosh… - Description of the locus. - When were you informed of the incident. - What happened when you arrived at the locus. - What further actions did you take? - Making further enquiry - Accused interview under caution/caution and charge.

Question 81

Identify other considerations for Operational Statements.

Answer 81

- Spontaneous statements - reminded they are under caution but note any remarks made before and after caution. Can then ask them about that comment at a formal interview. - Statutory/common law powers - decisions made and reasons for these decisions. - Accused demeanor - eg. laughing at interview questions or crying and full of remorse. Note these details. - Officer safety techniques - dangers to yourself and colleagues. - Tactical options used. Warnings given before use of sprays. - Aftercare. - Injuries before dealing with them. - Method of search. - Productions - Objects = Label NO. ______ - Label/documentary production = Prod No. _______

Question 82

What are the different ways crime can impact a Victim.

Answer 82

Emotional - annoyance, anger, shock, denial, fear, stress, blame, numbness, depression, tense/restless. Physical - loss of sleep, nausea, injury, faint/dizzy, fatigue, tearful, tremors/choking sensations, STDs, sweating, stutters. Social - loss of status/confidence, isolation, fear of being alone, family tension, moving home. Financial - debt, funeral costs, insurance claims, loss of job, family income.

Question 83

Describe the role of the Police in supporting victims of crime including legal duties.

Answer 83

- Refer a victim of crime to the appropriate agency - Ensure appropriate assistance is provided in order to build their confidence and therefore ability to attend court. - Help to access counselling and support. - Highlight any repeat victims. - Statements are taken without delay. - Interviews to take statement are minimal. - Witnesses permitted to be accompanied by chosen legal rep and a person of their choice. - Medical exams are kept to a min. - Consider vulnerabilities. - Issue Victim Care Card (VCC) to every victim of crime but also any others affected e.g. dog walker who finds body or friends/family. - Send referrals only with Victim consent.

Question 84

Outline support services that can assist victims of a crime.

Answer 84

- Free confidential help - Info about the criminal justice system and how it works - Referral to other agencies that provides specialist support e.g. counselling - Assistance with practical problems such as insurance claims, compensation claims and crime prevention - Support through the court process - Funds? E.g. for clothing for children after had to flee from family home, funeral costs.

Question 85

What are the 4 stages of the Model of Recovery?

Answer 85

1. Shock or denial 2. Disorganisation or depression 3. Reconstruction or acceptance 4. "Normalisation" or adjustment

Question 86

Explain the history of the European Convention on Human Rights (ECHR) and the implications for the Police service of the Human Rights Act 1998.

Answer 86

- The convention was established in 1953 in response to human right violations committed during World War 2. - 10 original member states of the Convention drew up a treaty which outlined fundamental human rights and freedoms of individuals. - UK played a big role in drafting the treaty so broad principles reflect existing legislation today. - Police Scotland must comply with Convention legislation. - Need a balance between general interest of the community and the protection of individual's human rights. - European Convention on Human Rights is incorporated into Scots Law by intro of Human RIghts Act 1998, which requires all Public Authorities to comply with Convention legislation. This is LEGALLY BINDING (since 2000). - We will be taking away human rights so need to ensure decisions made can be accounted for and hold up to scrutiny.

Question 87

State the role of the European Court of Human Rights.

Answer 87

- The ECHR’s role is to ensure all member states respect the rights and guarantees set out by the Convention. - Anyone in the UK can petition this court for a judgement but only if all domestic remedies have been exhausted. - Any new legislation introduced by the UK government must be ECHR compliant. - They may have sway in moulding, amending legislation.

Question 88

Explain the provisions of the most pertinent ECHR articles.

Answer 88

- Article 2 (Right to Life) “ Everyone’s right to life shall be protected by law, and no one shall be deprived of his or her life intentionally”. Exceptions: In defence of anyone else from unlawful violence, to assist a lawful arrest or prevent escape, quelling a riot or violent uprising. - Article 3 - Prohibition of torture “No one shall be subjected to torture or to inhuman or degrading treatment or punishment” E.g. using noise to prevent sleep, overcrowding, inadequate heating, dripping of water on head, withholding food/water/medicine, slopping out, electric shocks, kicking of genitals and squeezing of head in a vice. Also excessive force by Police. - Article 5 - Right to liberty & security “Everybody has the right to liberty and security of person. No one shall be deprived of their liberty apart from in the following circumstances and in accordance with the procedure prescribed by the law”: Lawful detention after conviction Lawful arrest order of a court in order to secure fulfilment of any legal obligation e.g. breach of bail, arrest warrant. Lawful arrest to bring person before court. “Everybody who is arrested shall be informed promptly, in a language which they understand, of the reasons for their arrest and of any charges against them”. - Article 6 - Right to a fair trial This is where most breaches of human rights occur. “Everybody is entitled to a fair and public hearing, within a reasonable time, by an independent and impartial tribunal established by law and shall be presumed innocent until proven guilty”. This includes police investigation as well as legal proceedings. Any breaches could lead to: evidence being inadmissible, accused being found not guilty, convictions being quashed. - Article 8 - Right to respect for private and family life “Everybody has the right to respect for his private and family life, his home and his correspondence”. “There shall be no interference by a public authority with the exercise of this right; except such as is in accordance with the law and is necessary in a democratic society in the interest of:- National Security, Public Safety (or economic well-being of the country), prevention of disorder or crime, health, morals, rights and freedoms of others”. E.g. safeguard, justifications, procedures required for things like surveillance, warrants etc. - Article 14 - prohibition of discrimination “The enjoyment of the right and freedoms as set forth in this Convention shall be secured without descrimination on any ground such as sex, race, colour, language, religion, political, national or social origin, association with national minority, property, birth or other status”. This article must be used on conjunction with another article.

Question 89

List the remaining general princples of articles 4, 7, 9, 10, 11, 12.

Answer 89

4 - Prohibition of slavery & forced labour 7 - No punishment without law 9 - Freedom of thought, conscience and religion 10 - Freedom of expression 11 - Freedom of assembly and association 12 - Right to marry

Question 90

Explain how to apply the tests of proportionality, legality, accountability, necessity and ethics before utilising any policing powers. PLANE.

Answer 90

- Proportionate - is the intended action proportionate to the crime? Can the same outcome be achieved by another means? - Legal - do I have a legal power to take this course of action? - Accountable - can I justify why I chose this course of action and can it stand up to scrutiny? - Necessary - do I need to take this course of action to resolve the matter? E.g. to prevent crime, to save lives, to preserve national security. - Ethical - does it follow the code of ethics (Integrity, Fairness, Respect and Human RIghts).

Question 91

Define: Production.

Answer 91

“Productions are defined as an article, document or anything (including animal) which is connected to a crime or offence or other matter under review”.

Question 92

List the different types of production.

Answer 92

Document: birth certificate, suicide notes, receipts. Article: Money, foodstuffs, smart speaker, mobile phones, weapons, knives, clothing, liquids. Connected with the crime, offence or incident under review, or Any other thing

Question 93

State your powers to seize productions.

Answer 93

- Power at common law to seize productions without warrant. - The power is from common law but can be used to seize productions from statutory offences. - Certain statutes allow for additional power to seize items e.g. drugs, firearms, poaching.

Question 94

State the evidential value of productions.

Answer 94

- Required as evidence - Important to investigation into other matters e.g. deaths, missing persons. - Is it necessary to seize the article? - Required for forensic examination? - Example: brick thrown through window would NOT seize brick as won’t add to evidence. However, if blood on brick then maybe.

Question 95

List necessary details to note when seizing productions.

Answer 95

- Time and date (of seizure) - Detailed description of article - Exact location found and office where lodged - Owner’s details - Full details of witnesses speaking to the identification/seizure of production - Protective measures in place to prevent contamination - Signature from owner/witnesses - Production number and page - Details of corroborating Officer Note: Always check spelling and production numbers.

Question 96

State the information required on a production label.

Answer 96

- Witness signature and name - Time & date of seizure - Accused’s name/DOB/nature of enquiry if known - Officers PSI number - Production description field to be as comprehensive as poss INCLUDING VISUAL DAMAGE e.g. to a mobile phone prior to lodging production. - Owner or the production must be clearly identified - address, email, number.

Question 97

Explain the guidance for packaging productions?

Answer 97

- Sharps - plastic tube → production bag. - Glass - plastic tube → adhesive tape to seal. - Money - production bag. Counting form copy inside bag. Photograph of cash. Cash should be counted twice if not needed for forensics. All sums over £1000 to be videoed. If needed for forensics → self-seal tamper proof bag. Weighed. - Counterfeit currency - sealed bags and UKNO completed and attached with 4 copies. - Mobile phones/tablets - box with transparent windows - secured to reduce movement → production bag. - DNA samples - sealed production bag & freezer or fridge. - Blood/Urine samples - Examination Request Form. - Drugs - double bagged → one self seal bag placed within another. - Cannabis plants - soil removed, double bagged, bag remains open so plant can dry out. After which can be sealed up. - Clothing - brown paper production bag. Should not be wet or damp! Use drying rooms. Put into bag once fully dry. - Sudden deaths - be sensitive. - CCTV - certificates of authentication. - Firearms & Ammunition - must be made safe by specially trained officer (AFO).

Question 98

State the advantages to the Airwave communication system.

Answer 98

- Improved Officer Safety - vehicle location, emergency button. - Clarity of Radio Voice Transmissions - clear and background noise filtered out. - Secure, encrypted communication - Extended coverage - Opportunity to integrate other functionality, such as telephony and data - point to point between individual terminals, mob phone or text receiver. - Future = fingerprint recognition, video pictures of fax data.

Question 99

List the functions of the airwave terminal.

Answer 99

- Talkgroups - channels. Each Officer will have a range of talk groups. - Primary talkgroups - local policing or home talkgroup. - Trunked Mode Operation - for normal radio use. - Direct Mode Operation - out of area of Airwave coverage, system failure, poor radio reception. Not encrypted, can’t do point to point calls, texts, phone calls. - Emergency Button - in immediate danger. Mic will become live for 10 seconds. Press and hold for 1.5 seconds to activate. Direct hands free link to call room. - Point to Point - private radio call. Should be kept to a minimum as won’t be able to hear talk group transmissions. - Transmit inhibit - when in an area where radio transmissions can affect equipment e.g. hospitals, airports, chemical spills. Allows you to receive but not transmit. Also using breathalyser or similar equipment. - Telephone calls and text messaging.

Question 100

What colour does the LED go when in different modes?

Answer 100

``` Green = in use Green flashing = Reception Red = No reception Red flashing = Connecting to network Yellow/amber = TXI in service Black = Device switched off ```

Question 101

What should you do when refuelling a vehicle?

Answer 101

- Switch the vehicle off AND | - Switch the airwave terminal off.

Question 102

How do you activate the TXI mode?

Answer 102

- Press and hold "0" button - The words "TXI activated" appears on the screen - Double beep tone will be heard - LED will show steady amber light - Screen displays TXI Mode and the current talk group. - To deactivate press and hold 0 again. - flashing green light. Should always inform control that you are enterting TXI mode and note in notebook.

Question 103

Note some of the keywords and numerical information relayed across the Airwave.

Answer 103

- Phonetic Alphabet used - “Control, Control from Echo 413” - “Control, this is Echo 413. Go ahead. Over”. - “Control, Echo 413. Stand by. Over.” - “Received” = heard a message and understood. - Out = end of exchange. ``` 12 = one two. 123 = one two three etc. 0900 = zero-nine-zero-zero hours. 2:25pm = one-four-two-five-hours. ```

Question 104

What are warning signals in relation to the Airwave terminal?

Answer 104

- If there is any sensitive information to be passed, PNC/ACR staff should check with the requestion officer that the radio is secure. - I.e. earpiece in and no-one else can overhear the info. - Warning Signals = Whisky Sierras, then used first to letters to identify which signals. - E.g. VI for violence and DR for drugs.

Question 105

Identify the most appropriate question types.

Answer 105

- Clear & easily understood - Relevant - Provide opportunity to maximise information from witness/suspect - Avoid: jargon, criminal slang, abbreviations, local expressions, uncommon words, harsh words. - Open, Direct and Probing questions are all acceptable. - Counterproductive is not.

Question 106

Explain the advantages of open questions.

Answer 106

- Tell me.. (can lead to facts) - Explain to me… (can lead to discussions about processes, sequences or feelings) - Describe to me…(can request more info) - Leads the interviewee to recall more detailed information without the need for prompt. - They can elaborate on key details. - They can’t be answered with one word. They require an expansive response. - By allowing them to talk you can guage vocab and intellect level. - Once free recall has been provided, interviewer can then progress onto obtaining more specific information by using more direct questioning.

Question 107

Explain the use of direct questions.

Answer 107

- Encourages an answer that is closely confined to the specific area of questioning to obtain specific info or facts. - Allow you to focus on and clarify points. - Easy to ask and easy to answer. - Who/What/How? E.g. Who did you go with? What time did you get there? How many times have you been? - These should follow up an open question. - Encourage the witness to search their memory and recognise which detail is needed. - Useful for when recall has been exhausted using open questions. Example: Do you like Jim? No? Explain to me why you don’t like Jim? - Like a funnel - open → direct → open and so on.

Question 108

Explain the use of probes.

Answer 108

- Follow up questions to probe more deeply into the subject. - To encourage better responses and help control the progress of the interview. - Amplification - provides greater depth of response. - Silence - people like to fill silence. The silence says “tell me more”. It also allows you to recover poise. - Minimal encouragement - non-verbal noises, gestures, short comments to encourage an interviewee. GUGGLES - Uh huh, Hmmm, Really, Yes, nods, expectant facial expression. - Direct amplification - “What happened after that?”, “Tell me more about…”, “How did you find that out?”. - Echoing - repeating a phrase or number of words they have said. “What drew your attention to that girl?” “She was on the dance floor, I thought she fancied me.” “Fancied you? Yea the way she was looking at me… - Clarifications - identify specifics and clear ambiguity. - Paraphrase - they should either agree or disagree with the paraphrase. - Summary probe - expanded paraphrase but generally used at the end of a sequence of questions e.g. at the conclusion of the witness of a subject. - Clarifies lengthy or confusing interview responses. Allows you to wrap up loose ends. A way for you to check nothing has been left out. - Direct clarification - e.g. Could you explain a little more? What do you mean by that? - Probe any response that does not meet the objective of the question.

Question 109

State the disadvantages of counter-productive questions.

Answer 109

- Leading questions: May encourage the interviewee to respond in a certain way, may introduce information not known to the witness, may assume details not provided by the witness. - Affect the accuracy of the information. - Detrimental effect in the interview OR worse, inadmissible in court. - Could divulge “specialist knowledge” (only info that the perpetrator would know). - Presuppositional questions - may result in asking witness for info that did not happen or that’s not accurate e.g. was he a tall man? I take it he used a condom? - Negative phrasing - “You can’t tell me any more then?” “So you never saw the car drive away?”. All it takes is rephrasing e.g. “Did you see the car drive away?”. - Multiple questions at once. Witness can only answer one or two at a time. Rushes them. - Optional questions e.g. was it black or red? (it might have been neither). They limit responses. - Hypothetical/fantasy/erratic questions are always a NO NO.

Question 110

Identify and explain the stages of the PRICE model for witnesses.

Answer 110

- Planning & preparation - assess the witness/consider vulnerabilities, consider location or environment of interview, prepare an interview plan, refreshments, witness needs (child care). - Rapport - be yourself and explain process, assess welfare, first impressions, professional, address any fears. - Information - explain process, concerns, “Tell me what happened” opening, note brief details, topic headings, social rewards, essential elements of crime. - Clarify/confirm - clarify with the witness what has been discussed, confirm the version of events provided, correct any misunderstandings. - Evaluation - note a chronological statement with information provided, evaluate and decide what to do next, explain process going forward.

Question 111

Explain the use of a witness interview plan.

Answer 111

- Lodged as a production at end. - Ensures statement contains all info available at that time. - Allows for free recall but then chance to probe further specific elements. - Includes topic headings which are relevant to crime. 1. Introduction/assess welfare/consider any vulnerabilities 2. Interview principles should be explained. 3. First free recall opening with “tell me what happened”. 4. Gather info from the relevant stages using appropriate TOPICS to clarify what happened BEFORE, DURING and AFTER the incident. 5. Clarify - make sure you and witness understand the events. 6. Evaluate - what next? Statement notation or further interview. 7. Signpost witness - inform them of the next step.