Part 2 of the Criminal Procedure and Investigations Act 1996 governs the procedures for carrying out investigations. It can be stated that investigators have the responsibility to perform the duties assigned to them according to the provisions stated in this act. They are required to maintain records and other information following the rules as stated in the aforementioned act. According to section 23 of the Criminal Procedure and Investigations Act 1996 any criminal investigation conducted will be in adherence to the reasonable steps as prescribed in the aforementioned act. It can be said that the information obtained while conducting the investigation and which is relevant to such investigation must be recorded to be produced as evidence in the court. It is also to be stated that material which is obtained while conducting an investigation will be retained by the person conducting such investigation.
However it can be said that any material or information obtained which can be used as evidence against any person involved in the investigation must be revealed to such person. Further it can be said that the accused must be allowed to inspect any information or must be provided with a copy of information or material which is related to him and which has been identified in the investigation upon his request (Belur et al., 2015). However, according to subsection23 (h) it can be said that it is the discretionary power of the investigator to allow the accused to inspect any information or material related to him or to give the accused a copy of such information. The investigator might deny allowing the accused to inspect any information if he thinks it would be inappropriate to do so. The Police and Criminal Evidence Act 1984 and the Police (Conduct) Regulations Act 2012 in the United Kingdom are the two other legislations which are relevant to the exercise of police powers. European Convention on human Rights (ECHR) and Human Rights Act 1988 (HRA) are the other statutory provisions that apply to police compliance. Further it is to be stated that police officers need to comply with the risk principles as stated in the ACPO. The risk principles as stated in ACPO 2010 are:
It is to be mentioned that P.A.C.E 1984 governs the fundamental principles of exercising powers which are conferred upon the police (Bacon 2014). The aforementioned statute states that the primary purpose objective of the police officers is to confirm their suspicion of the accused without the exercising the powers granted to them. It is to be stated that police officers are expected to exercise the powers granted to them without discriminating among individuals and in fairly manner.
According to Code G and Code C of the PACE 1984 it can be stated that the Police have the power to arrest and detain upon suspicion of any crime committed by them. The police officers have been conferred the power to search an individual at a police station by stripping of his clothes. An intimate search can also be conducted by the Police Officers if it is suspected that the individual to be searched has possession if Class A drugs and weapons. However, an intimate search can only be conducted by high ranking police officers.
It is to be stated that the investigators are required to understand that victims and witnesses of a crime might be impacted by the crime. They are likely to feel traumatized, shocked, scared, threatened after experiencing the crime committed. Therefore it can be said that victims and witnesses will require some support source during the process of the investigation. It is to be stated that providing the witness and the victims of crimes with some reassurance and adopting a calm and supportive approach while conducting investigations help in alleviating their fears and the anxiety (Baldry and Sebire 2016).
The witnesses are entitled to receive additional support from Witness Service as the cases progress. It can be said that the witness and victim support service is an independent body which volunteer to provide support to the victims and witnesses. The aforementioned support service helps informing people about the police and court procedures available to victims and witnesses. They also provide people with the opportunity to talk in confidence and discuss their experience. The witness service is helpful to victims and witnesses as they familiarize the victims the court procedures and visits to courts.
Further, it can be pointed out that Police officers who have been victims of heinous crimes are also not immune to fears and anxieties as experienced by common folk. There are departments for force welfare which aim to provide guidance and advice to officer who has experienced such circumstances (Bazemore and Schiff 2015). It is to be stated that in certain circumstances the support to the witnesses and victims may be provided in the form reassurances which are verbal. Such verbal reassurance may be provided by friends, family members and investigators. In cases of serious investigations special support might be provided by trained officers such as:
Police Community Support Officers were launched under the Police Reforms Act 2002 to help reduce anti-social behavior and crimes in metropolitan cities. It was launched also to provide backup to the existing forces (Chaulk, Eastwood and Snook 2014). They are expected to reassure the public and deter crime with officers on foot patrol. However, such officers do not have the power to detain anyone.
Domestic violence officer- It is to be said that most police stations have domestic Violence Units or Community Safety Units with specially trained officers to deal with domestic violence and abuse. The role of domestic violence officers include identification and responding to domestic abusive incidents which are serious and complex, providing advice to first response officers regarding how to deal with domestic abusive incidents and supervising assessment of risk where it is applicable (Crank 2014).
Family liaison officer- Police Family Liaison Officer is a designation in the Criminal Investigation department either uniformed or plain clothed. Some of the companies and schools in the United Kingdom have family liaison officers. However, they are primarily engaged with the police department. It is to be mentioned that Family Liaison Officers are assigned to the families who have been victims and witnesses to any crime and with whom it is essential for the police department to maintain close contact for conducting investigations (Crawford, A. and Newburn, 2013.
Sexual Offence liaison officer – Sexual Offence liaison officers deal with victims of rape and serious sexual assault. It is important to deal with such victims in a sensitive manner therefore specially trained units are required for that purpose. Therefore, Sexual Offence Liaison officers are an integral part of every investigation team.
Investigation is one of the primary and preliminary duties of the police. The process of conducting investigations includes interviewing victims, suspects and witnesses. Therefore, highest standards are to be maintained while conducting such investigations. However, it is to be stated that investigation procedures are different for different crimes, some of which are enumerated below.
Domestic Violence – In cases of Domestic Violence arranging and allocating specialist units is essential. However the specialist domestic resources of different units vary. While some forces have dedicated domestic units, others have specialists in public protection unit. It is to be mentioned that domestic abuse investigations must be carried out in a manner which ensures the protection and safety of the victims and children. The first responder who attends a domestic abusive incident must apply the right first time principle (Dorn et al. 2014). He must be thorough while conducting investigations in order to support the findings of investigations and supplement the prosecution process. The investigating officers must be advised to identify potential risk factors and look out for signs of controlling and coercive behavior. They must also develop all initial enquiry lines. It is required that the investigating officers identify, preserve and collect all information relevant to such enquiry. Domestic investigations can be categorized as volume and priority investigations within strategy and policy of investigation.
Hate Crime – In cases where hate crimes are reported the Area patrol Team will conduct and complete initial investigation. It is to be stated that a crime report will shed light on the on the evidence collected in order to substantiate a criminal offence. The perception of the victim or any other person who is witness to the act has to be accepted by the investigating officer (Gerstein and Prescott 2014). It is also the responsibility of the officer to apply positive action. If it is perceived by the victim that the crime was committed as a result of hate motivation, it has to be recorded. It is to be mentioned that all hate crimes are initially and primarily allocated to the Area Patrol Team to conduct initial investigation. The result of investigation is analyzed by the crime allocating matrix to whether it should be retained by the APT or passed on to the C.I.D. Officers are generally encouraged to use professional judgment while responding to hate crimes.
Road Traffic Accidents- In the occurrence of a road traffic collision, the scene is to be primarily attended by the police officers after receiving such report. However, it can be stated that the police are not required to inspect the scene if there have been no reports of injuries sustained by anyone unless the following factors apply to such an incident:
The first officers to arrive at the scene must make an initial assessment of the scene. After providing an assessment the police officer must make the scene safe and take immediate steps to preserve life. However, while protecting the life of the victims of such road traffic accidents the police officers must ensure that he preserves the scene by identifying and securing and protecting any evidence available. According to section 4 of the RTA the police officers must conduct a breath analysis test and Field Impairment Test to ensure the driver was not under the influence of alcohol or drinks while driving. They must ensure that the parties involved in the collision do not suffer from poor eyesight and lack of observation power by conducting the road eyesight test.
It can be mentioned that investigators make decisions based on incomplete information acquired by them and uncertain conditions. Such decisions can have adverse effects. All the areas of policing are required to be prone to the risks of harm. It is to be mentioned further that police officers are required to identify, examine and manage risks to reduce or prevent any harm likely to be caused to life or property, reputation of any person and human rights violation (Leese 2016). It can be said that risk assessment tools such as impact versus likelihood method could help the police evaluate the level of risk and hence potentially reduce the harm. Particular risks related to victims, witnesses and suspects must be apprehended and assessed in order to reduce the impact of any harm caused to them.
Any risks pertaining to general public, police employees, emergency services, local communities and local businesses. Risks associated to individuals who are crucial to the investigation and the parameters of investigations such as evidence collection and presentation are to be assessed to reduce any potential harm caused to them (Leese et al. 2017) Specific risk assessment is expected to help the police while conducting criminal investigations encounter any image or situation which is disturbing to the human mind. It is also to be mentioned that assessment of risk is important to ensure that crime scenes are not contaminated while conducting criminal investigations. It is to be mentioned that risk assessment is expected to have positive effects on welfare of the staff. Investigators and senior officers need to ensure that staff welfare needs are recognized in the earliest stage.
They should also ensure that support is available to the staff in case they encounter any adverse situation while conducting criminal investigation to reduce any potential damage to be suffered by the staff. The risk assessment while conducting criminal investigations can be done in reference to the National Decision Model (Lushbaugh and Weston 2015). It is to be said police decision making is complex process. Decisions related to risk assessment in difficult circumstances are often based on contradictory and incomplete information. The National Decision Model aims to provide a framework in which decisions of the police service can be challenged and examined. It is to be stated that this decision making model aims to reduce risk aversion weighs the balance between threats and risks.
According to section 23 of the Criminal Procedure and Investigations Act 1996 it can be stated a code of practice must be drafted by the secretary of the state dealing with retention and revelation of information. This code of practice states that disclosure officer must assist the investigating officer in conducting the investigations (Miller and Blackler 2017). The disclosure officer is the person who is in charge of examining any material retained during the course of investigation and revealing such material to the prosecutor during the criminal proceedings. It can be said that if any material which appears to be relevant to the investigating officer or the disclosure officer, it will be considered to be have some relevance to any of the offence being investigated or the surrounding circumstance of the case. It can be said that part 1 of the Criminal Procedures and Investigations Act 1996 has been successfully amended by the Criminal Justice Act 2003.
However part 2 of the CPIA remains unchanged till this date. Therefore this means that two regime exist now dealing with the provisions of disclosure of information. However, Criminal Proceedings and Investigations Act 1996 state that the Police must investigate a body to retain record and reveal relevant information.
It is to be mentioned that in relation to disclosure of information which is sensitive, the disclosure officer must notify and set out on a sensitive schedule any information which he thinks is in the public interest to not disclose. He must also mention in the schedule the reason for not disclosing any information to the public (Pollock 2014). It is to be mentioned that Investigating officers working in the field of general enforcement do not generally involve themselves in preparing materials to given to the prosecutor. However, if the investigating officer does prepare a list of materials to be supplied to the prosecutor it has to in guidance with the Criminal Investigation Team. The following list of materials can be categorized as sensitive material and recorded by the disclosure officer.
According to the new code of practices as adopted for cases whose investigation started after April 4 2005 it can be stated that material relating to private life of any witness might also fall in the category of sensitive information. In certain cases, where the investigating officer thinks that it is inappropriate to reveal any information to the prosecutor or to make an entry in the sensitive schedule, the existence of such sensitive information must be made known to the prosecutor. Example of such sensitive information includes Home Office classified file. However, it is to be mentioned that this provision is only applicable to material which is expected to threaten national security and lead to loss of life. Any investigating officer who comes across such sensitive information while conducting such investigation must inform the Officer in charge of the investigation and seek his advice prior to taking any action.
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