Criminal Investigation
- Created by: laurewalters7
- Created on: 12-12-16 14:58
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
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
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
RIPPER INQUIRY
Led to a criminal investigation and legal clarification
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
FLOWCHART
CRIME MAY BE COMMITTED
WHETHER A CRIME HAS BEEN COMMITTED
INVESTIGATION WHEN CRIMES HAVE BEEN COMMITTED
REACTIVE INVESTIGATION
Taking statements, examination, 'who did it?', examine intelligence
PROACTIVE INVESTIGATION
Intelligence led, surveillance and crime pattern analysis
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)
WHO IS AN INVESTIGATOR?
INCLUDES:
IPCC
SERIOUS FRAUD OFFICE
DEPARTMENT FOR TRANSPORT
DISCLOSURE OFFICER
Decides what should be disclosed to the defence and what is relevant
REQUIREMENTS OF AN INVESTIGATOR
INTERVIEWING
SEARCHING
UNDERSTANDING SOCIAL CONTEXT
IMPACT ON VICTIMS/WITNESSES AND THE COMMUNITIES
KNOWLEDGE OF THE LAW AND HUMAN BEHAVIOUR
CRIMINAL INVESTIGATION MATERIAL
- VICTIM CARE
- IDENTIFICATION - LOCATION AND PROTECTION OF MATERIAL
- EVIDENCE ADMISSIBLE IN LEGAL PROCEEDINGS
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
LEGAL RESPONSIBILITIES OF AN INVESTIGATOR
- TO RECORD/RETAIN ALL EVIDENCE
- REASONABLE STEPS AND LINES OF ENQUIRY ARE PURSUED
- LEGALLY ACCOUNTABLE IF NOT CARRIED OUT
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
MATERIAL FORMATS
ANY TANGIBLE OBJECTS
- Video/audio recordings
- Fingerprints
- Images
- Physical exhibits (e.g. weapons)
- Reports
- Documents
- Statements
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
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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