Criminal Investigation

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STELFOX

An investigative mind-set

Questioning what has been put in front of you by finding, seeking and securing best evidence

Assume nothing 

Believe no-one 

Challenge everything

Not taking things by face value, keep an open mind and question/probe probability

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DECISION MAKING DURING AN INVESTIGATION

5 MAIN PRINCIPLES:

1) Understanding sources of material 

2) Planning and preparation 

3) Examination 

4) Recording and collation 

5) Evaluation 

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WHAT IS A CRIME?

A crime is an offence punishable by law - the police have a legal and personal responsibility to investigate crime

Criminal investigation is key in the police service 

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RIPPER INQUIRY

Led to a criminal investigation and legal clarification 

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DEFINITION OF A CRIMINAL INVESTIGATION

CRIMINAL PROCEDURES AND INVESTIGATION ACT 1996 (CPIA)

An investigation conducted by police officers with a view to it being ascertained whether a person should be charged with an offence or whether a person charged with an offence shall be guilty of it

This will include:

1) Investigations into crimes that have been committed

2) Investigations whose purpose it is to ascertain whether a crime has been committed, with a purpose to the possible institution of criminal proceedings; and

3) Investigations which begin in the belief that a crime may be committed, for example when the police keep premises or individuals under observation for a period of time, with a view to the possible institution of criminal proceedings

4) Charging a person with an offence includes prosecution by way of summons

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FLOWCHART

CRIME MAY BE COMMITTED

WHETHER A CRIME HAS BEEN COMMITTED 

INVESTIGATION WHEN CRIMES HAVE BEEN COMMITTED 

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REACTIVE INVESTIGATION

Taking statements, examination, 'who did it?', examine intelligence

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PROACTIVE INVESTIGATION

Intelligence led, surveillance and crime pattern analysis

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DEFINITION OF AN INVESTIGATOR

CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996

- Recording information and retaining records of information along with other materials (all lines of enquiry, record, retain, relevant material)

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WHO IS AN INVESTIGATOR?

INCLUDES:

IPCC

SERIOUS FRAUD OFFICE

DEPARTMENT FOR TRANSPORT

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DISCLOSURE OFFICER

Decides what should be disclosed to the defence and what is relevant 

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REQUIREMENTS OF AN INVESTIGATOR

INTERVIEWING

SEARCHING 

UNDERSTANDING SOCIAL CONTEXT 

IMPACT ON VICTIMS/WITNESSES AND THE COMMUNITIES 

KNOWLEDGE OF THE LAW AND HUMAN BEHAVIOUR 

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CRIMINAL INVESTIGATION MATERIAL

  • VICTIM CARE 
  • IDENTIFICATION - LOCATION AND PROTECTION OF MATERIAL 
  • EVIDENCE ADMISSIBLE IN LEGAL PROCEEDINGS
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ATTRITION OF MATERIAL

1) Total material generated by the offence - aim to maximise 

2) Material gathered by the police

3) Material admissible as evidence - this can be reduced during an investigation 

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LEGAL RESPONSIBILITIES OF AN INVESTIGATOR

  • TO RECORD/RETAIN ALL EVIDENCE 
  • REASONABLE STEPS AND LINES OF ENQUIRY ARE PURSUED
  • LEGALLY ACCOUNTABLE IF NOT CARRIED OUT 
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MATERIAL SOURCES

VICTIMS - personal property, bank details etc

WITNESSES - CCTV recordings to legally seize

SUSPECTS

LOCATIONS - scenes of crime etc, victims and suspects

PASSIVE DATA GENERATORS - systems recording automatic data (e.g. you may need to obtain bank records, telephone records, SMS etc)

LEGAL PRIVILEGE - solicitor call

INTELLIGENCE DATABASES - you may need a warrant but not subject to legal privalege 

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MATERIAL FORMATS

ANY TANGIBLE OBJECTS 

  • Video/audio recordings
  • Fingerprints
  • Images 
  • Physical exhibits (e.g. weapons)
  • Reports 
  • Documents 
  • Statements 
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PLANNING AND PREPARATION

- You have one chance at a crime scene to plan and prepare 

Scene examination - to be the first priority and right the first time, otherwise vital evidence will be missed 

(LOCARD'S PRINCIPLE OF CRIME SCENE PROTECTION) "Every contact leaves a trace"

Recollections may fade with time 

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EVALUATION

- Prioritise first actions - seize, record and retain 

- What do I already have? Investigative leads?

- Where has it come from?

- What does it mean?

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