What to do after the Prelim
Reassess the investigation and consider
P - Public safety and the likelihood of similar or connected further offending
E - The need to secure and preserve fragile or diminishing evidence
C - Securing and containing the Crime Scene
W - Identifying and locating witnesses
S - Identification and/or apprehending of suspects
Debriefing the Doctor
Discuss with the Doctor
N - The immediate needs of the victim
E - Verbally summarise the exhibits and possible significance
F - ID forensic items to be sent to ESR
I - Injuries requiring photographs
S - Any significant dislcosures made by the victim during the examination
Crime Scene Objectives
E Establish if an offence has been committed
E Establish the key elements and provide facts for the basis of an inquiry
I Identify suspect and establish contact with the victim or scene
I Identfiy people associated with the offence
E Exonerate the innocent
C Corroborate or contest witness or victim accounts
V Verfify / refute confessions or admissions
E Exclude possible defences
C Corroborate or exclude other evidence relating to the offence or incident
10 Point
OC Scene Responsibilities
- Controlling, freezing preserving the scene and ensuring it is safe
- Briefing all staff of their duties
- Coordinating and overseeing the crime scene investigation
- Providing the Communication link between the scene and the OC Investigation
- Ensuring the scene is photographed, fingerprinted and examined before the search
- Establishing a common approach path between the cordon and focal point
- Conducting a reconaissance to gain an overall picture of the scene and test reconstructions
- Planning a strategy for forensic examination
- Uplifting and ensuring delivery of labelled exhibits to the exhibit recorded
- Proving relevant exhibits in court
PIES SPERM
Scene Strategy
P - Placement of cold, warm and hot zones
I - Individual roles and responsibilities
E - Exhibit Deterioration
S - Starting Point, POE
S - Specialists Required
P - Protection methods to prevent contamination of the scene
E - Exhibit Handling
R - Recording systems to be used
M - Method of Search, systematic and logcal
VAWSEIPO
Initial action to preserve the scene
V - Victim - identify and locate
A - Appreciation - make and intial appreciation of the incident, assess person risk and then preserve the lives of others
W - Witnesses - locate and contain the witnesses
S - Scene - Preserve the scene (set boudaries etc)
E - Exhibits - Note evidence, preserve any that would otherwise be lost or destroyed
I - Ingredients - Consider whether the ingredients of the alleged offence have been established
P - Powers - Identify what powers are available and consider whether to execute them
O - Offender - identify and apprehend suspect(s)
OC Body Responsibilities
C - Ensure death has been certified by doctor or qualified paramedic using deceased person certificate
R - Note and record any observations relating to the body
A - Record what actions have been taken by any party in respect of the body
P - Ensure the body is photographed in situ and consider using video recording
D - Secure and guard the body, samples and any exhibits relating to the body with dignity and respect
E - Estalbish if the body has been moved or disturbed
F - On authority of the OC investigation arrange a formal id of the body
F - Arrange fingerprints and palm prints to be taken if required
E - Preserve evidence from the body
D - Attend the Debrief of the pathologist and record findings, on direction of OC investigation and/or pathologist
M - Note details of medical staff or others who have attended the victim
R - Ensure the police photographer takes appropriate and sufficient photographs of the body before clothing is removed, again after the body is disrobed and during the PM The pathologist will direct the photographer
P - Obtain historic medical reports of the victim for information of the pathologist
S - Maintain security and continuity of the body, samples and exhibits from the scene to the commencement of the post mortem
S - Complete sudden death procedures
T - On authority of the OC investigation arrange transport of the body to the mortuary
C - Ensure all Cultural responsibilities have been addressed
R - Record , label and secure all samples and exhibits associated with the body
A - Attend the briefing of the pathologist with the OC investigation, contribute as required
P - Attend the post mortem with the OC investigation or deputy appointed by them
12 POINTS
Stripping the Body
- The body must only be stripped in the presence of the pathologist
- Remove the body from the secure fridge and assist mortuary staff to take the body into the post mortem examination room
- Remove the body from the body bag, causing minimal disturbance to the body
- Take possession of the body bag, any sheets or wrappings used to transport the body, as exhibits.
- If necessary direct the police photographer, photographs before the clothing removed and again after disrobed, the pathologist will lead direction of the photographer
- Remove items of clothing from the body, mortuary technicians may assist to remove clothing, but only under the supervision and direction of the OC Body:
- Cutting clothing should be avoided, cut where the evidence is least likely to be present
- Search clothing pockets and make inventory of each pockets contents
- Make an inventory of clothing and possessions, as each item is removed
- Label each item in a separate bag or container
- Seal each item in a separate bag or container
- Ensure exhibits do not cross contaminate each other by coming into contact with each other
- Maintain security and continuity of the body and the exhibits taken from the body, until the post mortem examination commences
- In cases involving obvious head trauma, before blood and debris is washed from the body, particularly in the head hair, consider placing a fine seive in the mortuary table drain hole to collect trace evidence that may have been transferred from a weapon, for later comparison with exhibits the suspect had access to.
OC Area Canvas - Briefing Points
- Summarise the situation and detail the duties and areas of responsibility of each canvass team member
- Emphasis the need for thoroughness and that every person in every household must be seen personally
- Stress the questionaire is only a guide, to ensure the questions are aasked, but should be regarded as flexible in that information supplied could lead to other questions
- Advise that evidence of possible probative value must be obtained in a formal statement rather than notebook
- Consider visiting the canvass area to record every address including flats and vacant section and then reconcile these premises with a map
- Ensure all forms are completed, and actioned as outlined
- Reconcile completed locations with the master copy to avoid duplication
- Advise Staff
- What action to take if they believe that have identified the suspect
- What action to take if they located items of evidential value
- What action to take if individuals refuse to assist
- How to complete the correspondence flow
- What information can be disclosed during the area canvass
- What information must not be diclosed”
Section 214 CYPF Act
1(a)(i) Preventing interference with witnesses relating to the offence
(ii) Ensure the appearance of the youth before the court
(iii) Prevent loss or destruction of evidence relating to the offence
(iv) Preventing the CYP from committed further offences
(b) Proceding by way of summons will note achieve the purpose
2(a) Committed a category 3 or 4 offence punishable by 14 years or more; and
(b) Believes on reasonable grounds the arrest of the CYP is in public interest
Section 215 CYPF Act
1 (a) May be arrested if refuses to give their name and address to the enforcement officer, the CYP cannot be served a summons
(b) Not obliged to accompany to any place for the purpose of being questioned, and if they do consent they can withdraw that consent at any time
(c) Under no obligation to give any statement
(d) If they consent to make or give a statement the CYP may withdraw that consent at any time
(e) Any statement given may be used in evidence in any proceeding
(f) Entitled to consult with, and make any statement in the presence of, a barrister or solicitor and any person nominated by the CYP in accordance with section 222
Section 222 CYPF Act
(1) Subject to subsection (2), a child or young person may nominate one of the following persons for the purposes of section 221(2)(b) or (c):
(a) a parent or guardian of the child or young person:
(b) an adult member of the family, whanau, or family group of the child or young person:
(c) any other adult selected by the child or young person:
(d) if the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c), any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.
(2) Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c),—
(a) if permitted to consult with the child or young person pursuant to section 221(2)(b), would attempt, or would be likely to attempt, to pervert the course of justice; or
(b) cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances,—
that enforcement officer may refuse to allow the child or young person to consult with that person.
10 - 4
Graduated Response
- Follow police policy for crime types
- Gather information
- Ask the victim if they have any undisclosed offences
- Discuss Crime prevention
- Make victim support referral if appropriate
- Refer to other relevant agencies if appropriate
- Depending on the circumstances ask if they’d like a support person
- Consider area enquiries in coccon area and provide crime prevention advice
- Send information letter with prevention advice if appropriate
- In an ongoing case ask how they would like to receive information
If the offender is known:
- Ensure police policy for the crime type is followed
- Consider bail conditions / opposition
- Consider intelligence
- Consider prevention opportunities
4 - 1 - 8
Section 8 Bail Act
(1) In considering whether there is just cause for continued detention, the court must take into account—
(a) “Whether there is a risk that -
(i) the defendant may fail to appear in court on the date which the defendant has been remanded; or
(ii) the defedant may interfere with witnesses or evidence; or
(iii) the defendant may offend may offend while on bail; and”
(b) any matter that would make it unjust to detain the defendant
(2) In considering whether there is just cause for continued detention under subsection (1), the court may take into account the following:
(a) The nature of the offence for which the defendant is being charged, and whether it is a grave or less serious one of its kind
(b) The strength of evidence and the probability of conviction or otherwise
(c) The seriousness of punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed
(d) The character and past conduct or behaviour, in particular proven criminal behaviour of the defendant
(e) Whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions
(f) The likely length of time before the matter comes to trial
(g) the possibility of prejudice to the defence if the defendant is remanded in custody
(h) Any other special matter that is relevant in the particular circumstances
OC Witnesses
- Ensuring Court Attendance - Maintain contact, ensure summonsed and available for court Court Proceedings -
- Ensure witnesses are fully briefed as to their responsibilities and updated through investigation and court process
- Witness Intimidation - By maintaining contact, police will more likely become aware of threats or intimidation and can arrange for appropriate action to be taken
- Witness Order - For simplicity OC exhibits to be called first and produce exhibits including court schedule and photographs for other witnesses to refer to
- Witness media interest letters - If media interest is anticipated consider discussing possible consequences of witnesses discussing evidence with journalists etc
- Interpreter Issues - Ensure interpretting service is suitably qualified and meets the required standard
- Welfare Issues - Ensure witnesses are provided contact details of 2IC and the welfare and needs of the witness are to be considered throughout
- Witness Control - Ensure witnesses do not
- Have any contact or communications with jurors
- Discuss the case in public area while waiting to give evidence
- Discuss the case with witnesses waiting after they have given evidence
- Refreshing Memory - At court request witness refreshes their memory with previously signed statements of interview transcripts
- Arranging Name Suppression - Advise 2IC of any witnesses seeking name supression, who will liaise with the crown.
- The victims views must be ascertained and conveyed to the judge
- Expenses - Provide guidance and assist witnesses in completing claim forms at the court. In high court expenses are at cost of ministry of justice. In certain situations police will meet costs in relation to witnesses.
