Investigations

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Investigations
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  1. List the crime scene powers under Part 7 of Lepra
    • PART 7 - CRIME SCENES
    • Note

    • 88. Crime scene powers may be exercised if police officer lawfully on premises
    • 89. Application of Part to premises
    • 90. When crime scene may be established
    • 91. Establishment of crime scene
    • 92. Exercise of powers at crime scene
    • 93. Notice to senior police officer where warrant not required
    • 94. Crime scene warrants
    • 95. Crime scene powers
    • 95A. Special arrangements for investigation of stolen vehicles
    • 96. Obstruction or hindrance of person executing crime scene warrant
    • 97. Search warrants not affected
    • 98. Part does not confer additional entry powers
  2. s88 - Crime scene powers may be exercised if police officer lawfully on premises
    A police officer who is lawfully on premises (whether by authority of a crime scene warrant or for any other lawful reason) may:

    • a) establish a crime scene, and
    • b) exercise crime scene powers in accordance with this Part, and
    • c) stay on the premises for those purposes
  3. Crime Scene Powers - Powers to protect & examine crime/incident scenes.
    s89 Application of part to premises

    s89(1) This part applies to premises of any kind, whether or not a public place,

    (2) Despite any other provision of this Part, a police office may exercise crime scene powers at a crime scene in a public place, without obtaining a crime scene warrant and the provisions of this part apply accordingly.

    • (3) A police officer may exercise crime scene powers in relation to a vehicle, vessel or aircraft that is within a crime scene established in a public place, without obtaining a warrant, but may exercise a crime scene power that involves seizing, detaining or searching the vehicle, vessel or aircraft only if:
    • (a) the police officer suspects on reasonable grounds that it is necessary to do so to preserve, or search for and gather, evidence of the commission of the offence in connection with which the crime scene was established, or
    • (b) the police officer is authorised to do so by a crime scene warrant or other lawful authority.
  4. S90 - when crime scene may be established
    (1) A crime scene may be established on premises by a police officer if the police officer suspects on reasonable grounds that:

    a) an offence committed in connection with a traffic accident that has resulted in the death of or serious injury to a person to a person is being, or was, or may have been, committed on the premises and that it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence, or

    • (b) a serious indictable offfence is being, or was, or may have been, committed on the premises and it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence, or
    • (c) there may be in or on the premises evidence of the commission of a serious indictable offence that may have been committed elsewhere & it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence.

    (1A) A Crime scene may also be established on premises by a police officer pursuant to the authority conferred by a crime scene warrant

    (2) to avoid doubt, a crime scene may be established, crime scene powers may be exercised & a crime scene warrant applied for in respect to an act or omission that is a SIO even though the act or omission occurred outside NSW and was not an offence against the law of NSW, if the act or omission if done, or omitted to be done, in NSW would constitute a SIO.
  5. S91 - Establishment of a Crime Scene
    (1) A police officer may establish a crime scene on premises in any way that is reasonably appropropriate in the circumstances.

    (2) A Police Officer who establishes a crime scene must, if reasonably appropriate in the circumstances, give the public notice that the premises are a crime scene

    (3) A crime scene may not be established under this Part on the same premises more than once in a 24 hour period unless a crime scene warrant is obtained in respect of the 2nd and subsequent occasion.
  6. s92 Exercise of powers at crime scene
    (1) A police officer may exercise any of the crime scene powers set out in s95(1)(a)-(f) if:

    • (a) a crime scene has been established under this part, and
    • (b) the police officr exercising the power suspects on reasonable grounds that it is necessary to do so to preserve evidence of the commission of an offence in relation to which the crime scene was established.

    (2) A police officer may exercise any of the other powers set out in s95(1), but only if:

    • (a) a crime scene has been established under this Part, and
    • (b) the police officer or another officer applies for a crime scene warrant in respect of the crime scene and,
    • (c) The police officer suspects on reasonable grounds that it is necessary to immediately exercise the power to preserve evidence of the commission of an offence.
    • (3) A police officer may exercise the crime scene powers conferred by this section for a period of not more than 3 hours, commencing when the crime scene is established, unless the police officer or anotherpolice officer obtains a crime scene warrant.
    • (4) A police officer may exercise crime scene powers in relation to a crime scene whether or not the police officer is the person who established the crime scene.
    • (5) A crime scene power that may be exercised by a police officer under this section (other than the powers set out in section 95 (1) (a)-(f) and (k)) may be exercised by a scene of crime officer, but only with the authority of the police officer who established the crime scene or is responsible for the crime scene at the time.
    • (6) A crime scene power that may be exercised by a police officer under this section may be exercised by the police officer with the aid of such assistants as the police officer considers necessary.
  7. S93 - Notice to senior police officer where warrant not required
    • 93 Notice to senior police officer where warrant not required.
    • If a crime scene is established for a period of 3 hours or less (otherwise than by authority of a crime scene warrant), the police officer who establishes the crime scene must notify a senior police officer of that fact.
  8. S94 - Crime scene warrants
    • Crime scene warrants
    • (1) A police officer may apply to an authorised officer for a crime scene warrant if the police officer suspects on reasonable grounds that it is necessary for the police officer or another police officer to exercisecrime scene powers at specified premises for the purpose of preserving, or searching for and gathering, evidence of the commission of:(a) a serious indictable offence, or(b) an offence that is being, or was, or may have been, committed in connection with a traffic accident that has resulted in the death of or serious injury to a person.
    • (2) The authorised officer may, if satisfied that there are reasonable grounds for doing so, issue a crime scene warrant authorising any police officer to enter premises, to establish a crime scene on the premises (if acrime scene has not already been established) and to exercise all reasonably necessary crime scene powers at, or in relation to, a specified crime scene.
    • (3) A police officer may, in accordance with the warrant and this Part, exercise all reasonably necessary crime scene powers.
    • (4) A crime scene power that may be exercised by a police officer under this section (other than the powers set out in section 95 (1) (a)-(f) and (k)) may be exercised by a scene of crime officer, but only with the authority of a police officer who is responsible for executing the warrant.Note: For provisions relating generally to applications for crime scene warrants and other matters, see section 59.
    • Note: A police officer may be assisted in the exercise of crime scene powers-see section 71.
  9. S95 - Crime Scene Powers
    • 95 Crime scene powers
    • (1) A police officer may, in accordance with this Part and any relevant crime scene warrant, exercise the following functions at, or in relation to, a crime scene established under this Part:
    • (a) direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene,
    • (b) remove from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene,
    • (c) direct a person not to enter the crime scene,
    • (d) prevent a person from entering the crime scene,(e) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person,
    • (f) remove or cause to be removed an obstruction from the crime scene,
    • (g) perform any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence,
    • (h) for the purpose of performing any necessary investigation, conduct any examination or process,
    • (i) open anything at the crime scene that is locked,
    • (j) take electricity, gas or any other utility, for use at the crime scene,
    • (k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises,
    • (l) photograph or otherwise record the crime scene and anything in it,
    • (m) seize and detain all or part of a thing that might provide evidence of the commission of an offence,
    • (n) dig up anything at the crime scene,
    • (o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
    • (p) any other function reasonably necessary or incidental to a function conferred by this subsection.
    • (2) The power conferred by this section to seize and detain a thing includes:
    • (a) a power to remove the thing from the crime scene when it is found, and
    • (b) a power to guard the thing in or on the crime scene.
    • (3) Nothing in this Part prevents a police officer who is lawfully on premises from exercising a crime scene power or doing any other thing, if the occupier of the premises consents.
    • Note: Under section 99 a police officer may arrest and take before an authorised officer to be dealt with according to law any person found in or on the premises whom the police officer suspects on reasonable grounds of having committed an offence.
  10. 96 Obstruction or hindrance of person executing crime scene warrant
    • (1) A person must not, without reasonable excuse, obstruct or hinder a person executing a crime scene warrant.Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
    • (2) A person must not, without reasonable excuse, fail or refuse to comply with a request made or direction given by a police officer pursuant to the exercise of crime scene powers at a crime scene.Maximum penalty: 10 penalty units.
  11. 97 Search warrants not affected
    Nothing in this Part prevents a police officer from applying for a search warrant under Part 5, or exercising any other function under this Act at, or in relation to, a crime scene or affects the exercise of any such function.
  12. 98 Part does not confer additional entry powers
    Nothing in this Part (other than the provisions relating to crime scene warrants) confers on a police officer any additional power to enter premises or limits any power that a police officer has to enter premises.
  13. How to deal with witnesses (including victims) at your crime scene.
    In addition to police physically securing a crime scene, police must remember that it is equally important to identify potential witnesses that may be at or recently left the crime scene.

    When potential witnesses are located they should be escorted from the crime scene & the following carried out:

    1) record - name,address,occupation, ph no, age & DOB (if possible get photo ID) - record in notebook.

    2) Isolate - to avoid contamination of recollection of events

    3) Detain - where possible & with consent until the specialist investigators arrive to fully debrief them (and obtain a formal statement)
  14. what can you tell witnesses if they want to leave the scene before investigators have arrived to speak with them
    The chances of the offender being apprehended & successfully prosecuted could be greatly reduced if they do not stay to speak with investigators.
  15. S11 Identity may be disclosed
    (1) A police officer may request a person whose identity is unknown to the officer to discose his or her identity if the officer suspects on reasonable groounds that the person may be able to assist in the investigation of an alleged indictable offence beacuse the person was at or near the place where the indictable offence occurred, whether before, when, or soon after it occurred.

    (2) A police officer may request a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.
  16. 12 Failure of person to disclose identity on request
    A person who is requested by a police officer in accordance with sections 11 and 201 to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the request.
  17. 13 False or misleading information about identity
    • A person must not, without reasonable excuse, in response to a request made by a police officer in accordance with this Division:
    • (a) give a name that is false in a material particular, or
    • (b) give an address other than the person’s full and correct address.
  18. S201 Supplying police officers details & give warnings

    Inform of the reason for the exercise of the power
    Provide Name and place of duty
    E vidence of being a police officer unless in uniform
    • 201 Supplying police officer’s details and giving warnings(cf Crimes Act 1900 , s 563, Police Powers (Vehicles) Act 1998 , s 6)(1) A police officer must provide the person subject to the exercise of a power referred to in subsection (3) with the following:
    • (a) evidence that the police officer is a police officer (unless the police officer is in uniform),
    • (b) the name of the police officer and his or her place of duty,
    • (c) the reason for the exercise of the power.
    • (2) A police officer must comply with subsection (1) in relation to a power referred to in subsection (3) (other than subsection (3) (g), (i) or (j)):(a) if it is practicable to do so, before or at the time of exercising the power, or(b) if it is not practicable to do so before or at that time, as soon as is reasonably practicable after exercising the power.
    • (2A) A police officer must comply with subsection (1) in relation to a power referred to in subsection (3) (g), (i) or (j) before exercising the power, except as otherwise provided by subsection (2B).
    • (2B) If a police officer is exercising a power to give a direction to a person (as referred to in subsection (3) (i)) by giving the direction to a group of 2 or more persons, the police officer must comply with subsection (1) in relation to the power:(a) if it is practicable to do so, before or at the time of exercising the power, or(b) if it is not practicable to do so, as soon as is reasonably practicable after exercising the power.(2C) If a police officer exercises a power that involves the making of a request or direction that a person is required to comply with by law, the police officer must, as soon as is reasonably practicable after making the request or direction, provide the person the subject of the request or direction with:(a) a warning that the person is required by law to comply with the request or direction (unless the person has already complied or is in the process of complying), and(b) if the person does not comply with the request or direction after being given that warning, and the police officer believes that the failure to comply by the person is an offence, a warning that the failure to comply with the request or direction is an offence.(2D) In addition, if a police officer exercises a power that involves the making of a direction under section 198 on the grounds that a person is intoxicated and disorderly in a public place, the police officer must provide the person the subject of the direction with a warning that it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after the direction is given.Note: See section 9 of the Summary Offences Act 1988 .
    • (3) This section applies to the exercise of the following powers (whether or not conferred by or under this Act):(a) a power to search or arrest a person,(b) a power to search a vehicle, vessel or aircraft,(c) a power to enter premises (not being a public place),(d) a power to search premises (not being a public place),(e) a power to seize any property,(f) a power to stop or detain a person (other than a power to detain a person under Part 16) or a vehicle, vessel or aircraft,(g) a power to request a person to disclose his or her identity or the identity of another person (including a power to require the removal of a face covering for identification purposes),(h) a power to establish a crime scene at premises (not being a public place),(i) a power to give a direction to a person,(j) a power under section 21A to request a person to open his or her mouth or shake or move his or her hair,(k) a power under section 26 to request a person to submit to a frisk search or to produce a dangerous implement or metallic object.(3AA) Despite subsection (3), this section does not apply to the exercise of a power to enter premises or to search premises or a vehicle, vessel or aircraft that is conferred by a covert search warrant.
    • (3A) If a police officer is exercising more than one power to which this section applies on a single occasion, and in relation to the same person, the police officer is required to comply with subsection (1) (a) and (b) in relation to that person only once on that occasion.
    • (4) If 2 or more police officers are exercising a power to which this section applies, only one officer present is required to comply with this section.
    • (5) However, if a person asks another police officer present for information as to the name of the police officer and his or her place of duty, the police officer must give to the person the information requested.
    • (6) This section does not apply to the exercise of a power that is conferred by an Act or regulation specified in Schedule 1.Note: See section 5 (1), which provides that this Act does not limit the functions of a police officer under an Act or regulation specified in Schedule 1.
  19. Suspects at the scene
    It is vital that strict procedures be followed to remove them from the crime scene to avoid loss/destruction of evidence either within the scene or on the person of the suspect. Suspects/offenders should be escorted from the scene and:

    • 1. searched
    • 2. separated
    • 3. secured
  20. S23 Power to carry out search on arrest
    • (1) A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything:
    • (a) that would present a danger to a person, or
    • (b) that could be used to assist a person to escape from lawful custody, or
    • (c) that is a thing with respect to which an offence has been committed, or
    • (d) that is a thing that will provide evidence of the commission of an offence, or
    • (e) that was used, or is intended to be used, in or in connection with the commission of an offence.
    • (2) A police officer who arrests a person for the purpose of taking the person into lawful custody, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything:
    • (a) that would present a danger to a person, or
    • (b) that could be used to assist a person to escape from lawful custody.
    • (3) A police officer may seize and detain a thing found in a search if it is a thing of a kind referred to in subsection (1) or (2).
    • (4) Nothing in this section limits section 24.
  21. Crime scene examination - The search for physical & documentary evidence at your crime scene
  22. List some of the specialist crime scene investigators
    • * Forensic services Group
    • * Ballistics
    • * Photogrammatry
    • * Medical Officers
  23. What is the principle of exhange:
    Developed in the early 20th century by Dr Edmond Locard and involves trace & contact evidence.
  24. How do you deal with Physical & documentary evidence recovered from the scene i.e Exhibits
    -anything that is tangible in nature that assists in establishing a proof, or tends to establish a prrof of an offence.

    Exhibits are dealt with in accordance with the NSW Police Service Handbook
  25. What is non evidential property found at the crime scene?
    Property that may have been left behind by a victn or a witness e.g. wallets, handbags, bicycles & even cars.

    There are strict guidelines that must be folled to document the receipt, retention & disposal of this property.
  26. what are the 3 sources of information that police can use as potential evidence?
    • 1, Physical (Real)
    • 2. People
    • 3. Record (evidentiary)
  27. Why do police rely on these sources of information when conducting an investigation?
    This is the gathering of evidence and the identification of evidence that will form your brief of evidence.
  28. List the 6 responsibilities as the initial officer attending a crime scene:
    • 1. Assess area for hazards
    • 2. Check for signs of life
    • 3. Carry out First Aid
    • 4. Determine nature & size of crime scene
    • 5. Determine an entry point not used by the suspect
    • 6. Remove all people from the area that is the crime scene
  29. Interviewing people as sources of information:

    1. Victims as a source of information
  30. Victims Right Act 1996

    conatins the

    Charter of Victims Rights
    If police provide a better service to victims, then victim confidence in police will increase. It is the victim's cooperation that facilitates an arrest and a conviction
  31. why do police interview?
    Police rarely witness a crime & therefore rely heavily on the accounts of others to build a picture of events.
  32. What are the common methods police use to interview?
    • 1. casual Interview
    • 2. Notebook
    • 3. Formal typed
    • 4. ERISP
  33. The PEACE model for a formal approach to interviewing - enhances the gathering of information & best facilitates discovery of truth.

    This model incorporates cognitive interviewing and conversation management.

    Cognitive interviewing relies on the use of memory retrieval, techniques & principles
  34. What is conversation management?
    is applied to suspects of crime but will be dealt with in more detail in session 2.
  35. What does PEACE stand for?
    • Planning & Preparation
    • Engage & Explain
    • Account
    • Closure
    • Evaluation
  36. Planning & preparation allows you to do what?
    • * Anticipate some of the problems
    • * Devise strategies
    • * Maintain a level of rapport
    • * Provides framework so important info is not neglected
  37. Engage & Explain
    • 1. Introduce everybody
    • 2. Explain the purpose of the interview
    • 3. Inform the participant the consequences of being a witness
    • 4. Explain the Jurat (the written oath at the commencement of a legal statement)
    • 5. Explain what role the interviewer & interviewee have
    • 6. Explain the way you will interview the victim or witness
    • 7. Invite & address any questions that the interviewee has
  38. Explain the Account stage of the PEACE Model
    • This is where police obtain the interviewee's version of the incident by using either the:
    • a) Cognitive Interview Model or
    • b) Conversation Management Model
  39. List the 3 core interviewing skills
    • 1. Ask open questions
    • 2. Take comprehensive notes
    • 3. Use active listening skills
  40. Explain the Closure part of the PEACE model
    at the end of the interview it is important to tell the person the inteview is completed & explain whether there is any further information required.
  41. Explain the Evaluation stage of the PEACE model
    • The finals stage is the evaluation.
    • *Review the information received
    • *decide what information is still required
    • * check the interview has achieved its purpose & objectives
    • *consider how well you performed at each stage
    • * identify your strengths & weaknesses

    • ways to evaluate could be:
    • personally
    • work colleagues/supervisors
    • prosecutors/Court
    • Special crime & internal affairs
    • Police Integrity commission (PIC) & Ombudsman
  42. What is a Statement?
    A typed or handwritten document which contains relevant & admissable content including conversations, descriptions & reference to exhibits.
  43. How is the office of constable associated with the investigative role of Police?
    Th office of constable refers to your Powers as a police officer in that no matter what rank you are it is the rank of constable that authorises you to carry out your duties as a police officer and that gives you your Original Authority which means you make decisions to carry out your duties on your own. If a senior tells you to do something you dont believe is right then you must make that decision on your own. So, unless you have the evidence/proof you shouldnt use your Office of Constable.
  44. What is the primary objective of an investigation?
    to search for the truth by collecting & analysing data and put together a brief of evidence.
  45. The investigative role of police - A good investigator will have to know:
    • * how to gather information
    • * what information is important
    • * when information needs to be gathered
    • * where to get the information
    • * why the information needs to be gathered; and
    • * who can provide the information
  46. What is a Brief of evidence?
    A compilation of statements taken from witnesses, victims & police together with other pieces of evidence that may include photographs, other documentary evidence, exhibits (weapons) etc
  47. A good police officer should have the following qualities
    • * high levels of motivation
    • * ability to exercise personal initiative
    • * good communication skills
    • * professional attitude; and
    • * able to make rational, ethical decisions
    • * think critically
  48. What are the main aims of investigative practice?
    • * determine whether a crime has been committed
    • * legally obtain sufficient information & evidence to identify the responsible person
    • * locate & arrest the suspect
    • * recover stolen property
    • * present the best possible case to the prosecutor
  49. What are contemporaneous notes?
    Those made at the first available opportunity are critical for ensuring evidence is reliable when later used in Courts.

    The reliability of notes made hours & days later is diminished & its reliability & credibility can be argued during court proceedings.
  50. List some examples of Human Rights
    • * the right to life, liberty & security of person
    • * the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment
    • * the right to equal protection of the law
    • * the right to presumption of innocence
    • * the right to privacy
    • * the right to freedom of speech
  51. The Scientific method of investigation
    is a way of observing, thinking about, and solving problems objectively and systematically.
  52. Inculpatory Evidence
    Evidence that tends to support the prosecutions case against a suspect
  53. Exculpatory Evidence
    evidence that tends to disprove or negate a conclusion that you have reached.
  54. What are the 6 steps of the scientific method of investigation?
    • 1. State the problem
    • 2. Form the hypothesis
    • 3. Collect data by observing & experimenting
    • 4. Interpret the data as a test of the hypothesis
    • 5. If the data continues to support the hypothesis, continue to collect the data
    • 6. Draw conclusions
  55. What does a critical thinke consider?
    • * what each piece of information means
    • * the links which the pieces of information have to each other
    • * the reliability of each piece of information
    • * what other pieces of informationm they need to get a fuller picture and;
    • * what sorts of conclusions they can reasonable draw from their information
  56. What is the point of critical thinking?
    Is the use of reason in the pursuit of truth.

    Critical thinking lets us work through problems & information in a questioning sort of way (i.e. in a way which takes nothing at face value) & come to a reasonable & defendable conclusion. Without emotionalism, intellectual laziness & closed-mindedness.
  57. As police are approaching a crime scene what should they be doing?
    • 1. Stop
    • 2. Look
    • 3. Listen
    • 4. Smell
    • 5. Think
  58. what would you do when people are entering & leaving a crime scene?
    when a person is identified as legitamately entitled to enter the crime scene you are required to record their name, registered number, time, date & reason for entering & leaving the scene. It is good practice to record this in the crime scene log & your notebook using a 24 hr clock reference.

What would you like to do?

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