Not Protectively Marked FORCE PROCEDURES. Investigation of Serious Sexual Offences and After Care of the Victim

Transcription

1 FORCE PROCEDURES Investigation of Serious Sexual Offences and After Care of the Victim Procedure Reference Number: Procedure Author: DS R Langford and DC T Freeman, Strategic Public Protection Unit Procedure Review Date: August 2009 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date R Langford, 12 th August 2008 T Freeman, 12 th August 2008 (Author(s)) V Investigation of Serious Sexual Offences Not Protectively Marked 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Roles and Responsibilities Guidance Risk Assessments and Health and Safety Considerations Generic Considerations Report by Telephone Call Handling Operators, HQ Communication Operators Deployment Centre - Radio Operators Help Desk Police Staff First Contact Officer...8 The Initial Investigating Officers Casebook...8 Initial Contact...8 First Account...9 Evidence Gathering Considerations...10 Minimising Cross Contamination Supervising Officer (Detective Inspector or above) Sexual Offences Investigation Trained Officer...12 Criteria / Training...13 Initial Meeting...13 Medical Examination of Victim...15 Sexual Offences Investigation Trained Officer Hand-over Guidelines...17 Interview of Complainant...17 Pre-Trial, the Trial and Post Trial Support...20 Withdrawal of Complaint...21 False Allegations Investigating Officer...22 Initial Contact / Evidence Gathering Considerations...22 Minimising Cross Contamination...22 Medical Examination of Suspect...23 Guidance on Lines of Enquiry...24 Interview of Suspect...24 CPS/Police Liaison...24 Post Charge Procedure Aim Appeals Review Appendices...27 Appendix A Risk Assessment Form Appendix C General Guidelines for the Forensic Medical Examiner (Force Medical Examiner)...1 Appendix E Examination / Interview Suite Log...1 Appendix F Forensic Science Service Cleaning Protocol for Victim Examination Suites...1 V Investigation of Serious Sexual Offences Not Protectively Marked 2

3 Appendix G Possible Lines of Enquiry for Investigating Serious Sexual Offences.3 Appendix H Support Services for Victims of Sexual Abuse...5 V Investigation of Serious Sexual Offences Not Protectively Marked 3

4 1. Roles and Responsibilities 1.1 It is the responsibility of Area Commanders and Departmental Heads to ensure that staff fully comply with the procedure. 1.2 Appropriate training courses are to be provided by the Professional Development Training Department in conjunction with divisions to ensure that staff receive the correct level of training relative to the posts they hold. 1.3 The Call Handling Operator or HQ Communications Operator on receiving a report of a serious sexual offence by telephone will establish what has taken place and where, in order to satisfactorily assess the situation (refer to guidance at 2.3.3). 1.4 The Radio Operator in the Deployment Centre will on receipt of a serious sexual offence incident deploy an appropriate resource in response to the incident grade. 1.5 The Strategic Public Protection Unit will: - Ensure that Force Incident Managers and Area Crime Managers are provided with a current up to date list of operational Sexual Offences Investigation Trained Officer for deployment. This should be reviewed and updated on an annual basis. Periodically review serious sexual offence investigations in conjunction with the local CPS, to identify both good and bad practice. This process will then inform continued development and improvement in standards of investigation. 1.6 The Force Crime Registrar will be the single point of contact for rape offences subject of no crime requests in line with national best practice. 1.7 On the arrival of a victim at a Help Desk, Help Desk staff will, Treat the person with sensitivity and invite them into a private area. Ensure that a police officer is contacted. 1.8 The First Contact Officer is the first police officer that comes into contact with the victim. They are responsible for assessing the needs of the victim, gathering initial information and liaising with a supervisory officer to ensure an appropriate response, in line with the guidance set out in section A Sexual Offences Investigation Trained Officer will act as the main link between the victim and the police investigation to assist the Supervising Officer and Investigating Officer to gather evidence and information in a manner that is suited to the victim s particular needs The Forensic Medical Examiner will, if necessary, provide medical assistance and after obtaining consent physically examine the victim or suspect in reported cases of serious sexual offences. The forensic evidence will be obtained during the medical examination by the Force Medical Examiner. It is accepted that currently the Force Medical Examiner service provider is often unable to source a female Force Medical Examiner. However, where the complainant requests a female Force Medical Examiner, all reasonable steps should be made to comply with this request. V Investigation of Serious Sexual Offences Not Protectively Marked 4

5 1.11 In all reported serious sexual offence cases the Investigating Officer will ideally be a substantive Detective or suitably experienced investigator and may also be the Sexual Offences Investigation Trained Officer. They will be responsible for the investigation of all identified lines of enquiry, ensuring that all evidence has been secured and preserved, to eliminate any risk of contamination The Supervising Officer will be an officer of at least the rank of Detective Inspector. They will be responsible for ensuring that the inquiry has adequate resources, is a priority investigation and that all lines of enquiry are being investigated expeditiously. 2. Guidance 2.1 Risk Assessments and Health and Safety Considerations Click Here to Return to Index Risk assessments are a careful and systematic examination of the work activities of officers investigating serious sexual offences and in particular the role of the Sexual Offences Investigation Trained Officer. The responsibility for ensuring that risk assessments are conducted rests with the Supervising Officer who has a duty of care in respect of officers performing the role of the Sexual Offences Investigation Trained Officer officer The Cheshire Constabulary has a statutory obligation for the health and safety of its staff. To assist this process the Constabulary will ensure that: Sexual Offences Investigation Trained Officer officers are volunteers with operational experience that enables them to have knowledge of the potential risks associated with modern policing. There exists within the force appropriate selection criteria designed to evaluate the suitability of each officer for the role. Officers selected receive the recommended training prior to deployment to enhance knowledge and awareness regarded as essential for Sexual Offences Investigation Trained Officer officers. Officers receive the appropriate support following deployment to distressing incidents and consideration is also given to referring officers to Mediscreen for counselling where requested In addition, there is a requirement to record in writing the significant findings of the risk assessment and any subsequent reviews of the assessment when there is reason to suspect that it is no longer valid. The record can be in either electronic or hard copy format but should be retained, and is subject of disclosure under Criminal Procedures and Investigations Act Appendix A should be referred to as an aide memoire to Supervising Officers in assessing the potential risks, which include: Circumstances that could give rise to harm, The possibility of harm occurring, The severity of the harm, Who could be harmed, V Investigation of Serious Sexual Offences Not Protectively Marked 5

6 What measures could be implemented to prevent or reduce the possibility of harm Risk assessments will be made by applying a common sense approach to analysing the potential for physical risk or any other risk considered by the assessor If there are any changes in the circumstances, a further risk assessment will take place and the existing risk assessment will be considered invalid. Consider: - People, Action / Activity, Location, and Environment. 2.2 Generic Considerations Any member of staff can be the first contact with a victim of a serious sexual offence. This initial meeting and how it is handled can determine, to a large extent, not only the ability of the victim to recover from the ordeal, but the investigation process, including the identification, collection and presentation of evidence and the identification of the offender, through to any subsequent trial At all stages of dealing with the victim, the Deployment Centre must be contacted regularly to ensure that the NSPIS incident report is maintained and current In relation to the joint investigation of child protection cases, existing protocols must be applied. Nothing in this procedure will replace or have precedence over the existing Pan-Cheshire Local Safeguarding Children Boards Child Protection Procedures. 2.3 Report by Telephone Call Handling Operators, HQ Communication Operators In many cases, the first contact between the victim and the police will be by telephone An incident log will be created on receipt of all calls alleging a serious sexual offence Essential information on the incident must be established through the use of open questioning. Initial questions with the victim must be kept brief and tactful to avoid causing further trauma. At all times, the operator should consider the vulnerability and level of understanding of the victim. Questions to be asked to establish the circumstances of the allegation must include: What has happened? Are you injured? / Do you require medical assistance? Are you in any danger? When did it happen? (in order to prioritise action) Who is involved? (enough information to take immediate steps if necessary to detain the suspect) Where did it happen? (enough information to identify the relevant scene(s)) Where are you? V Investigation of Serious Sexual Offences Not Protectively Marked 6

7 Who are you with? Not Protectively Marked The incident log should accurately summarise the information provided by the caller. Significant comments made by the caller about the incident should be recorded contemporaneously, verbatim if practicable, on the incident log. This is important as it is one of the few circumstances where hearsay evidence may be accepted in court (circumstances of recent complaint evidence) The call taker will assess, grade and action the incident according to the information provided in accordance with the Public Assistance Service Standards (PASS) guidelines Operators should use SPR C20 SEXUAL OFFENCES SPR/C20 to provide advice on evidential preservation to the victim. Dependent on when the offence occurred, the call taker may advise the victim not to wash, go to the toilet, take medication (unless absolutely necessary), eat, drink or smoke until the first officer has attended. If they have to use the toilet request that any toilet tissue and / or sanitary products used be retained The call taker must maintain telephone contact with the victim until the arrival of the first officer attending or until it has been ascertained that there is no immediate threat to life or likelihood of further attack As a result of sexual assault victims may be at risk of contracting a sexually transmitted infection, (in respect of unprotected penetrative offences this may include HIV) and they must be strongly advised to seek medical advice at the earliest opportunity, and in any case within 72 hours of the assault as some treatments may not be effective after that time. Actual medical advice, whether to male or female victims of sexual assault, can then be given by qualified medical professionals. This is particularly important in cases where there will be a delay in a medical examination taking place or victims do not wish to undergo a forensic medical examination. 2.4 Deployment Centre - Radio Operators The Resource Deployment Centre communications operator will tag the incident to the Force Incident Manager and Resource Deployment Centre Supervisor lists and will inform the Force Incident Manager to request that the Detective Inspector with responsibility for that Area or in their absence the duty Detective Inspector be informed The Resource Deployment Centre communications operator will maintain the current status of the Command and Control incident adding relevant information as it is established updating the resources deployed Consideration should be given to the deployment of a specialist sexual offence trained officer i.e. a Sexual Offences Investigation Trained officer or a Specially Trained Officer. V Investigation of Serious Sexual Offences Not Protectively Marked 7

8 2.5 Help Desk Police Staff Not Protectively Marked There may be occasions where the initial point of contact with a victim is the Help Desk. It is of paramount importance that all staff recognise the need to treat any victim of a serious sexual offence with sensitivity. The victim must be invited into a private area to obtain personal details If immediate medical treatment is needed, an ambulance will be called and the victim taken to hospital. A police officer may accompany the victim to hospital but where this is not possible, a police officer must attend the hospital as soon as possible to ensure the preservation of evidence Help Desk staff should immediately notify a police officer that a serious sexual offence has been reported The victim s immediate needs must be considered with sensitivity and in accordance with the Equality and Diversity policy Prior to the arrival of a police officer, if appropriate and necessary, Help Desk police staff should give advice to the victim regarding the preservation of forensic evidence as outlined in Wherever possible, Help Desk staff will stay with the victim until the arrival of a police officer. 2.6 First Contact Officer The first contact officer is the first police officer that the victim comes into contact with (not to be confused with first contact advisors who help staff with issues at work). This could occur at the victim s home, at the scene of the incident or at the police station. The Initial Investigating Officers Casebook This document was developed as an aide memoir and useful tool in the investigation of rape and other serious sexual assaults. It must be used in all reported cases of rape or serious sexual assault at the earliest opportunity to document the initial stages of each investigation and is vital to ensure a consistent standard of hand-over to the investigating officer. It is used to record officer's actions, victim & witness accounts, investigative decisions made, consent issues for medical examination and property; and most importantly gives vital advice and information to victims regarding subsequent support services and medical issues. The document is available on the Force Information Centre and on the Strategic Public Protection Unit web page on Looking Glass II >> Initial Investigating Officer's Casebook. Initial Contact The first contact officer will treat the victim with sensitivity and assess whether they are vulnerable and / or intimidated in accordance with the Youth Justice and Criminal Evidence Act V Investigation of Serious Sexual Offences Not Protectively Marked 8

9 2.6.4 If immediate medical treatment is considered necessary, follow the procedure outlined in The victim will be asked if they would like a specific gender of police officer to deal with their complaint and wherever possible this will be accommodated. First Account As a result of sexual assault victims may be at risk of contracting a sexually transmitted infection, (in respect of unprotected penetrative offences this may include HIV) and they must be strongly advised to seek medical advice at the earliest opportunity, and in any case within 72 hours of the assault as some treatments may not be effective after that time. Actual medical advice, whether to male or female victims of sexual assault, can then be given by qualified medical professionals. This is particularly important in cases where there will be a delay in a medical examination taking place or victims do not wish to undergo a forensic medical examination The first contact officer will gather initial information through open questions to establish : What has happened? (enough information to know if a Sexual Offences Investigation Trained Officer will be required) When did it happen? (in order to prioritise action) Who is involved? (enough information to take immediate steps if necessary to detain the suspect) Were there any witnesses? Where did it happen? (enough information to identify the relevant scene(s)) Establish who the victim first disclosed to (often referred to as the first complaint ) Obtain and circulate a first description of the suspect Identification of any forensic opportunities The first contact officer will ask initial questions to ascertain sufficient detail to assess the seriousness of the offence and the appropriate level of response required. All information ascertained will be recorded contemporaneously by the officer When details of the allegation have been established, the first contact officer (if not a police supervisor) will liaise with a supervisory officer on duty, who will contact the Deployment Centre Radio Operator with details of the incident, so the incident log can be updated, who in turn will contact the Force Incident Manager. A Detective Inspector with responsibility for that Area or in their absence, the duty Detective Inspector will be informed and a Sexual Offences Investigation Trained Officer can be allocated to the investigation All actions completed in relation to sexual offence cases, must be carefully noted in the officer s pocket notebook. They may be required as notes for a statement of continuity at any court proceedings that may ensue. V Investigation of Serious Sexual Offences Not Protectively Marked 9

10 Evidence Gathering Considerations Not Protectively Marked The first contact officer will consider the use of the Early Evidence Kit to preserve forensic evidence by urine sample and/or mouth wash, ensuring that other early forensic evidence has been preserved as outlined in If the first contact officer identifies a scene, they will ensure that it is secured and preserved for evidence When a scene is identified a CSI should be requested to examine and photograph the scene and if this action is not completed then the reasons why should be recorded. Minimising Cross Contamination The first contact officer that has visited the scene of crime or spoken to the victim will not have any contact with the suspect or any other crime scene The victim and suspect will not be conveyed in the same vehicles (a written record will be made of the registration number of the vehicle and where each person sat). Consider using brown paper or plastic sheeting to cover the seat in order to minimise cross contamination Clothing and other exhibits in the case must be packaged in the environment where they were seized The removal of the victim s clothing is to be managed by the Sexual Offences Investigation Trained Officer. Clothing should not be removed until immediately prior to the examination The Sexual Offences Investigation Trained Officer will consider the cultural and religious beliefs of the victim and where possible accommodate the victim s requests If the victim has already removed their clothing, it will be seized immediately and packaged appropriately. A Crime Scene Investigator (CSI), if available should be consulted for further advice where required. 2.7 Supervising Officer (Detective Inspector or above) An officer of at least the rank of Detective Inspector will perform the role of the Supervising Officer and maintain an overview of all serious sexual offences The Supervising Officer is responsible for ensuring that the inquiry is adequately resourced and being treated as a priority investigation The Supervising Officer is responsible for ensuring a detailed record of all policy decisions is maintained The Supervising Officer must ensure a risk assessment for the Sexual Offences Investigation Trained Officer is completed and will continue to monitor the welfare of the Sexual Offences Investigation Trained Officer officer, where necessary. V Investigation of Serious Sexual Offences Not Protectively Marked 10

11 2.7.5 The Supervising Officer will review the case in line with current force policy The Supervising Officer is responsible for ensuring that an appropriate media strategy is in place. Corporate Communications can provide advice and guidance to the Supervising Officer in respect of all media issues Under section 4 of the Sexual Offences (Amendments) Act 1976, as amended by section 158 of the Criminal Justice Act 1988, once an allegation of rape has been made, details of the identity and address of the victim will not be disclosed to the media The Supervising Officer will liaise with the Investigating Officer (Investigating Officer) and CSI Team Leader to consider the scope of the forensic strategy in each individual case When deemed appropriate the Supervising Officer will agree an exit strategy with the Sexual Offences Investigation Trained Officer officer A checklist of possible lines of enquiry for investigating drug-assisted serious sexual offences is shown in Appendix G Consideration should also be given to completing a community impact assessment. Serious sexual offences can make communities feel insecure, increase fear of crime and decrease public confidence in the police. Where possible a written community impact assessment should be completed within 24 hours of the incident. Any decision that this is not required should be documented along with the rationale behind the decision. The Area Commander and Neighbourhood Policing Unit Inspector for the area where the alleged offence occurred should be made aware of the details of the offence and likely impact on local communities and should work with the Supervising Officer to address the issues identified The Supervising Officer should have regard to barriers to victims engaging with the police and other agencies Historically the police in particular and other agencies perhaps to a lesser degree have been perceived by minority groups as being both racist and homophobic. Despite a significant change within the police service in recent years, a change in practices and concerted steps to engage with minority groups, distrust remains. The service has a responsibility to provide an equitable service to all members of society. However, in order to achieve this, officers and staff should be aware of the difficulties that some sections of the community have in engaging with the police and that as a result the service should tailored to suit the individual. Minority groups experiencing such difficulties will include the following; Black Minority Ethnic / Asian women There is a general acceptance that members of BME communities, often consider the police to be racist and fear that they will be discriminated against by the police. There is limited understanding within the service of the needs of Asian women in particular, in respect of the issue of forced marriage and the difficulties women may experience in engaging with the police. Lesbian, Gay and Bi-sexual Some members of the gay community still have concerns in respect of receiving a negative response from police officers. As V Investigation of Serious Sexual Offences Not Protectively Marked 11

12 recently as 2003, the Sexual Offences Act discriminated against, gay, bisexual and men who have sex with men. Investigators should ensure that assumptions are not made about the sexual activities of gay men in particular. Transgender people there is limited understanding within the service regarding the difficulties that transgender people experience generally within society, but in particular when engaging with agencies. The media often depicts transgender people in a negative way. In dealing such allegations that necessitate a medical examination expert advice should be sought through the National Crime and Operations Faculty at the National Police Improvements Agency. Travelling communities historically there have been difficulties in engagement between the travelling communities and the police. These communities are often insular and tend not to engage with mainstream agencies for assistance. Therefore, victims of sexual offences / domestic abuse may have difficulties in engaging with agencies. Gender - both Male and females can be victims of serious sexual assault and rape and both will experience similar, but also different, difficulties. Historically it has been generally understood that females are victims of this type of offence, but there has been little recognition that males can also become victims. As a result, in the past support services etc have catered predominantly for female victims, although more recently agencies including the police are endeavouring to tailor their services for male victims as well. There should be an understanding of the difficulties that male victims who identify as heterosexual may have in engaging with agencies. In particular investigators should have an understanding of issues such as involuntary erection / ejaculation. This issue may cause a victim great concern and self doubt and it is important that officers don t reinforce these concerns. People with disabilities consideration should be given to the vast range of disabilities that victims may have and how their disability may impact on their ability to engage and communicate with the police and other agencies. For example consideration should be given to the use of intermediaries to facilitate communication. Specialised advice should be sought for example from Social Services departments, the National Crime and Operations Faculty and National Policing Improvement Agency etc. In respect of medical examination and video interview, consideration should be given to taking the victim to a suite adapted to be Disability Discrimination Act (DDA) compliant. Currently suites around the county vary in the facilities that they offer, with the Brookside Suite at Runcorn currently providing the best facilities, situated on one level. Religious belief consideration should be given to the needs of persons with religious beliefs and how this may impact on the victim engaging with the police and other agencies. Consideration should be given to seeking further advice, firstly from the force Diversity Advisory Unit. 2.8 Sexual Offences Investigation Trained Officer The Sexual Offences Investigation Trained Officer is critical to the investigation of the offence as they provide support to the victim, making it easier for them to provide information and a comprehensive account concerning the incident The Sexual Offences Investigation Trained Officer is an important investigative resource and the main link between the victim and the police investigation. Their V Investigation of Serious Sexual Offences Not Protectively Marked 12

13 task is assisting the Supervising Officer and Investigating Officer to gather evidence and information in a manner that is suited to the victim s particular needs The Sexual Offences Investigation Trained Officer will share information with the victim on the progress of the investigation so far as the integrity of the investigation permits Sexual Offences Investigation Trained Officer officers are not in a position to provide practical support and counselling but will offer advice and introduce the victim to specialist supporting agencies (see Appendix H for services currently available). Criteria / Training When considering to appoint a police officer as a Sexual Offences Investigation Trained Officer officer, they must have: Volunteered and be fully supported by their line manager, Completed their probationary period, Attended an up to date Interview Skills course (PEACE), A mature aptitude, A proven competency in investigation, An awareness of diversity issues, and Commitment to the welfare of victims The police officer must attend and successfully complete the recommended training course(s) prior to being deployed as a Sexual Offences Investigation Trained Officer The Sexual Offences Investigation Trained Officer must make every effort to attend designated refresher training courses and workshops where made available by Learning and Development and should be supported by their supervision in doing so. Initial Meeting As a serious sexual offence can occur or be reported at any time of day and in any location, it is important to realise that there is a list of operational Sexual Offences Investigation Trained Officer held by the Force Incident Manager and Area Crime Managers to assist in identifying available Sexual Offences Investigation Trained Officer for deployment Wherever possible the Sexual Offences Investigation Trained Officer will be briefed about the incident before meeting the victim The Sexual Offences Investigation Trained Officer will introduce themselves to the victim and explain their role The Sexual Offences Investigation Trained Officer will make a full record of the meeting including the victim s appearance and demeanour. V Investigation of Serious Sexual Offences Not Protectively Marked 13

14 The Sexual Offences Investigation Trained Officer will make a full assessment of the victim s needs, considering the following areas in line with the Equality and Diversity policy : - age sex sexual orientation health, race culture, religion or belief communication, mental impairments, sensory impairments, physical disabilities personal circumstances, and assessment of the risk of further harm, which should consider the following useful factors:- 1. Victim s perception that they are at future risk of harm. 2. Victim vulnerability due to location/circumstances of offence and/or issues that decrease their awareness/sensitivity to danger i.e. mental health, disability, alcohol or drug use. 3. Is the victim socially isolated? 4. Suspect s access to the victim. 5. Previous history of violence by the suspect and/or use of weapons. 6. Previous history of sexual offences committed by the suspect. 7. Any history of prowling by the suspect. 8. Has the suspect previous committed burglary offences? 9. Is there are history of child abuse/child cruelty by the suspect? 10. Suspect s social attitudes The Sexual Offences Investigation Trained Officer will explain police and court procedures for dealing with serious sexual offences to the victim The Sexual Offences Investigation Trained Officer will obtain a more detailed initial account of the offence at the earliest opportunity, to assist in identifying important lines of enquiry and essential forensic evidence that may be obtained during the medical examination The Sexual Offences Investigation Trained Officer will make contact and brief the Investigating Officer at the earliest opportunity. Further updates should be provided to the Investigating Officer at regular intervals The Sexual Offences Investigation Trained Officer will liaise with the Investigating Officer to ensure that arrangements are made for a medical examination to take place at an examination suite and for a Force Medical Examiner to attend. (See Appendix B for a list of examination suites in the County.) Depending on the expected time of arrival of the Force Medical Examiner, consideration must be given to using the Early Evidence Kit to preserve initial forensic evidence as outlined in 2.3.3, unless it has already been used by the first contact officer during the course of the investigation. If the victim needs to go to the toilet, consider seizing of any toilet paper and / or sanitary products used. V Investigation of Serious Sexual Offences Not Protectively Marked 14

15 As a result of sexual assault victims may be at risk of contracting a sexually transmitted infection, (in respect of unprotected penetrative offences this may include HIV) and they must be strongly advised to seek medical advice at the earliest opportunity, and in any case within 72 hours of the assault as some treatments may not be effective after that time. Actual medical advice, whether to male or female victims of sexual assault, can then be given by qualified medical professionals. This is particularly important in cases where there will be a delay in a medical examination taking place or victims do not wish to undergo a forensic medical examination. Medical Examination of Victim If a medical examination is to take place, the victim will be informed that this is for two reasons: - To provide care if the victim has medical needs, To seek and gather any available forensic evidence to assist in the identification and later prosecution of the offender(s) All victims of a serious sexual offence will be medically examined with their consent (including informed consent with the appropriate authority) and by an Force Medical Examiner. (See Appendix C for general Force Medical Examiner guidelines) If the victim is under 16 years old, a joint medical examination carried out by an Force Medical Examiner and paediatrician should be considered, in accordance with the recommendations outlined in Appendix D When considering an examination of victims with a disability, an assessment must be made of their capacity to consent in consultation with an appropriate adult or carer The Sexual Offences Investigation Trained Officer must carefully consider their own welfare, health and safety before accompanying the victim. If necessary a second officer in addition to the Sexual Offences Investigation Trained Officer officer will accompany the victim to the examination suite or other appropriate premises The examination will take place in the controlled environment of the examination suite or other appropriate medical premises On the arrival of the Force Medical Examiner, the Sexual Offences Investigation Trained Officer will brief them on the facts of the case in order to establish key areas of forensic evidence At the time of the examination the victim may request to have a friend, relative or another appropriate person present with them to help them through the process. Wherever possible their request will be accommodated however issues of crosscontamination, early complaint, and other risks should be considered before the supporter has contact with the victim or attends the forensic medical examination Victims who are intoxicated (through either drink or drugs) may temporarily lose their capacity to consent. In these circumstances the examination must be deferred until such time as the victim s capacity has returned. V Investigation of Serious Sexual Offences Not Protectively Marked 15

16 Before the victim is allowed to enter the victim examination suite, the Sexual Offences Investigation Trained Officer must check the logbook to ensure that it has recently been cleaned and that it has the necessary stocks in order to satisfactorily carry out the examination (see Appendix E) The logbook must be kept updated as to who has entered the suite, for what purpose and which modules from the examination kits have been used The Sexual Offences Investigation Trained Officer dealing with the victim must not come into contact with the suspect or any of the suspect s exhibits to minimise cross contamination The victim will be given the choice whenever practicable as to whether the examination is to be conducted by a male or female Force Medical Examiner An officer of the same gender as the victim (unless the victim requests otherwise) will be present during the medical examination and assist with the recovery of forensic samples / exhibits, using the forensic medical examination kits provided. In the situation where the victim and Sexual Offences Investigation Trained Officer are not of the same gender the Sexual Offences Investigation Trained Officer should arrange for an officer of the same gender to assist in the examination. This officer does not need to be Sexual Offences Investigation Trained Officer but should act under their guidance To avoid contamination:- Talking, coughing or sneezing must be minimised when unsealed samples or exhibits are being handled. Samples should be handled carefully and as little as possible; powder free nitrile gloves must be worn and consider wearing appropriate barrier clothing including masks and white suits. The packaging should be taken to the sample and not the sample to the packaging The officer present during the medical examination must ensure that all exhibits are correctly labelled, packaged and signed by the Force Medical Examiner before they leave the examination suite and that the necessary arrangements have been made, with the victim s consent, to have all injuries photographed If, for any reason, the victim is not medically examined, a detailed record will be made of any visible bruises or scratches. The victim may refuse to part with clothing, in which case a careful note must be made of the clothing worn. This will include details of fabric, colour, texture, wear and tear, staining, recent damage etc. In any such case, the Investigating Officer must be informed before the victim leaves the police station or examination suite If the victim is not medically examined, consider the use of a Crime Scene Investigator (CSI) to provide photographic and forensic evidence of any injuries and clothing. V Investigation of Serious Sexual Offences Not Protectively Marked 16

17 Prior to leaving the examination suite the Sexual Offences Investigation Trained Officer will ensure that the log is endorsed and details any cleaning requirements are recorded (see Appendix F). Sexual Offences Investigation Trained Officer Hand-over Guidelines A Sexual Offences Investigation Trained Officer may change during the course of an investigation in the following circumstances:- A breakdown in the relationship between the Sexual Offences Investigation Trained Officer and the victim, The Sexual Offences Investigation Trained Officer has become unavailable due to personal and / or operational circumstances, The offence occurred in another BCU area, The offence occurred in another force area The victim s interests will be paramount and where possible the original Sexual Offences Investigation Trained Officer will remain with the inquiry If a Sexual Offences Investigation Trained Officer has to hand the case over to another Sexual Offences Investigation Trained Officer, details to be recorded in their pocket notebook, include : - Date and time of the hand-over, Reasons for the hand-over, Summary of the issues raised, Details of any outstanding urgent enquiries Careful thought must be given to the timing of the hand-over. The hand-over procedure should include a comprehensive briefing on all aspects of the inquiry It is preferable that a personal hand-over takes place in front of the victim so that introductions can be made It is not appropriate for the victim to be left without Sexual Offences Investigation Trained Officer support while negotiations take place between Areas or another force area. Interview of Complainant General Considerations Due to the traumatic nature of the offence all victims of serious sexual offences are to be classed as an intimidated witness and as such will be dealt with in accordance with the provisions of the Youth Justice and Criminal Evidence Act 1999 in relation to vulnerable and intimidated witnesses Sexual Offences Investigation Trained Officer officers who have received training in relation to Sexual Offence Investigation will interview the victims of serious sexual offences. V Investigation of Serious Sexual Offences Not Protectively Marked 17

18 Venue Not Protectively Marked The interview of the victim will be conducted at an interview suite or at mutually agreeable premises, NOT at a police station. Only in exceptional circumstances, should an interview take place at an interview suite at a police station and then only by agreement with the Supervising Officer. In these circumstances the rationale behind this decision should be recorded by the Supervising Officer The use of mobile video units must be considered if the interview is to take place at a venue other than an interview suite. Interview Preparation If the victim requests it, consideration will be given to having a friend, relative, or someone from a professional agency present during the interview If such support is requested, it must be pointed out that this person does not have to be present during the interview but can be available nearby. It must be explained to the victim that they may find it hard to answer some questions when someone else is present due to the fact that it could have a considerable effect on the other person (as detailed in Achieving Best Evidence in Criminal Proceedings) For victims who are children or adults with a disability, it may be necessary to have a parent, carer or other appropriate person present to facilitate communication in the interview The implementation of Section 27 Youth Justice and Criminal Evidence Act means that in the case of investigations that commence on or after 1 September 2007 all rape victims will be eligible to apply for their visually recorded interview to be admitted as their evidence in chief. The police will not make an automatic decision to visually record interviews with complainants. Decisions will be taken on a case by case basis following receipt of the witness s views, which should be obtained following a full explanation of the available options to include the advantages and disadvantages of pre-recorded evidence The Youth Justice and Criminal Evidence Act provides that all victims in rape cases are eligible for assistance in the form of special measures on the grounds of fear or distress about testifying. Some are also eligible on the grounds of age or incapacity. It is essential that all such witnesses receive from the police an accurate explanation of the special measures for which they are eligible and their respective advantages and disadvantages including any potential impact on the proceedings. The police will consult with the witness and obtain their views which will be passed to the CPS to inform any special measures application All victims statements, whether in written form or visually recorded, will be taken by a police officer trained in sexual offence investigative techniques Visually recorded interviews should be taken in accordance with Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses and Using Special Measures. V Investigation of Serious Sexual Offences Not Protectively Marked 18

19 The Sexual Offences Investigation Trained Officer must allow themselves sufficient time to properly plan the interview with the victim and be aware of what offences may have been committed and points to prove the offences The Sexual Offences Investigation Trained Officer must ensure that the appropriate facilities are available: Interview suite, Video interviewing facility (Suite), Portable audio recorder, and Mobile video units Consideration should also be given to the effects of post-traumatic stress disorder on the victim and the impact this can have on the investigation. Post-traumatic stress disorder can be viewed in three stages: Acute; Shock, disbelief, terror, vulnerability, expressed or controlled emotion, physical suffering and anxiety. Victims will often be in the acute phase when making a report of a serious sexual offence and they might remain at this stage for sometime afterwards, although a report can be made at any stage. Adjustment; Denial, flashbacks, sleep disturbances, humiliation, rejection, phobias and loss of security. Long Term: Inability to have steady relationships, constant reminders, e.g. the smell of a particular aftershave or a mode of transport Officers in contact with victims, particularly those responsible for conducting interviews, should keep notes of the observed physical condition and demeanour of the victim at all stages of the investigation. Post-traumatic stress disorder can have a significant effect on the victim interview and officers should, therefore, decide in consultation with the victim, when the interview takes place. Care should be taken to restrict note taking to what is actually observed, e.g. crying, shaking, controlled emotion, rather than making assumptions about the victim s underlying state of mind or the accuracy of their account. The Interview The interview will be conducted in accordance with the PEACE interview model and the cognitive interview process The interviewing Sexual Offences Investigation Trained Officer(s) must always consider the length of time required to facilitate the recording of a detailed statement of complaint. If the victim shows signs of distress it may be necessary to postpone the interview and a record of this will be made Neither the victim nor the interviewing Sexual Offences Investigation Trained Officer will be put under any pressure to record a statement until such time as both are satisfied that this is in the best interests of the victim and the ongoing investigation. Specific consideration should be given to the possible impairment of the victim s account due to physical or mental exhaustion; drug or alcohol use and posttraumatic stress disorder (see above) Any record of information obtained during the interview will be retained in accordance with the Criminal Procedure and Investigation Act V Investigation of Serious Sexual Offences Not Protectively Marked 19

20 Once all evidence of the offence has been obtained the interviewing Sexual Offences Investigation Trained Officer must offer the Victim Personal Statement Scheme to the victim. Pre-Trial, the Trial and Post Trial Support The Sexual Offences Investigation Trained Officer must maintain contact with the victim and inform them of the progress of the investigation. It is imperative that the victim is kept informed of any changes in bail conditions, release from custody and trial outcomes The Sexual Offences Investigation Trained Officer will discuss an application for special measures with the victim When deemed appropriate, the Sexual Offences Investigation Trained Officer will compile an exit strategy with the Supervising Officer (as 2.7.9) The Sexual Offences Investigation Trained Officer will undertake an assessment and liaise with other agencies in relation to the safety and needs of the victim and take measures to prevent a repeat attack. This is extremely important if the victim is known by the offender(s) The Sexual Offences Investigation Trained Officer and/or Investigating Officer will inform the victim about the Criminal Injuries Compensation Association and where necessary, advise the victim on processing an application The Sexual Offences Investigation Trained Officer and/or Investigating Officer should inform the victim about counselling and support services available to them (see Appendix H for services local to Cheshire), whilst making them aware that the disclosure of confidential records such as those of doctors, counsellors, and therapists may be sought by the defence as a means of undermining the credibility of complainants in any subsequent rape and sexual assault trial The Sexual Offences Investigation Trained Officer and/or Investigating Officer, with the consent of the victim will make a referral to the Independent Sexual Abuse Advisor for specialist support and advice (see Appendix H) In liaison with the Witness Service and NSPCC (in the case of juvenile victims), the Independent Sexual Abuse Advisor, Sexual Offences Investigation Trained Officer or Investigating Officer will ensure that the victim visits a court for familiarisation purposes, and if the victim wishes, is accompanied when attending court proceedings The Sexual Offences Investigation Trained Officer, in conjunction with the Investigating Officer, will consider the need to arrange a case conference with counsel At a later time, the Investigating Officer will consult with the victim or their carer regarding the impact of the experience and identify whether it is necessary to obtain a stage 2 Victim Personal Statement. V Investigation of Serious Sexual Offences Not Protectively Marked 20

21 The Sexual Offences Investigation Trained Officer officer, Crown Prosecution Service (CPS) and counsel will consider debriefing the victim in the following cases: Withdrawal of complaint, Discontinuance of the case, Conclusion of the trial. Withdrawal of Complaint If criminal proceedings have been instigated and it comes to the attention of the police or the CPS that the complainant wishes to withdraw the complaint or is unwilling to give evidence in court, a formal statement (MG11) to that effect will be recorded from the victim. Wherever possible the Sexual Offences Investigation Trained Officer who recorded the initial evidence will take the statement. If this is not possible, an officer will be nominated by the Supervising Officer Issues that must be considered, and recorded if appropriate, when taking withdrawal statements from victims include : - What are the reasons for withdrawing the complaint(s)? Has the defendant made any threats or assaults since the attack? Establish whether they are saying the offence did not occur or whether they are saying that they do not wish the investigation or prosecution to continue. Has the victim been put under any pressure to withdraw? Has the defendant complied with bail conditions? What is the current state of the victim s relationship with the defendant (if offence occurred within a relationship)? What will be the effect on the victim of continuing with the prosecution against the victim s wishes? Whether any civil proceedings have been instigated? For whatever reason(s) a victim withdraws their support for a criminal prosecution, they will be treated in an open and supportive manner in order that they can make an informed decision. The victim will not be made to feel that they have wasted police time If there is any suggestion that there has been interference with the victim, Investigating Officers must consider proceedings under the Criminal Justice and Public Order Act 1994 which created the offences of :- Intimidating a witness and Harming or threatening to harm a witness The final decision of whether or not to proceed will be taken by the CPS. Therefore, when a statement of retraction is taken, the victim will always be told that their views will be taken into account and are an important factor in the decision but the CPS may still decide to proceed The Sexual Offences Investigation Trained Officer in liaison with the CPS must consider the best course of action if the victim is reluctant to come to court. False Allegations Experience shows that there are instances when individuals will make false allegations. V Investigation of Serious Sexual Offences Not Protectively Marked 21

22 Interviewing Sexual Offences Investigation Trained Officer(s) must not commit themselves to an opinion as to whether or not the complaint is genuine because of pressure from Investigating Officers or because they are comparing one complaint with others Sexual Offences Investigation Trained Officer must treat victims as genuine complainants until they are in full possession of all the evidence. It may mean that a medical examination and possibly numerous enquiries are carried out before any confrontation or challenge can take place If a victim withdraws their complaint and confirms it to be a false allegation, the Sexual Offences Investigation Trained Officer may consider it necessary to question them further in order to ascertain whether help or guidance of a professional nature is required. However, where the enquiry has necessitated considerable deployment of resources over a significant period of time, it may be appropriate to consider prosecuting for Wasting Police Time. 2.9 Investigating Officer The Investigating Officer will be a substantive detective or an experienced and suitably qualified officer (in the case of Child Protection officers), with responsibility for the investigation of all identified lines of enquiry, including the arrest and interview of the suspect(s) and the completion of the file of evidence. In some circumstances the Investigating Officer may be the Sexual Offences Investigation Trained Officer officer. Initial Contact / Evidence Gathering Considerations Liaise with the Sexual Offences Investigation Trained Officer as soon as possible to discuss the details of the case, if a medical examination is to take place, ensure that arrangements are made for a Force Medical Examiner to attend In consultation with the Supervising Officer, CSI and Sexual Offences Investigation Trained Officer, co-ordinate enquiries in order to ensure:- Preservation of scene(s), Gathering and preservation of evidence (especially forensic), Identification of potential victims / witnesses, Identification of potential suspects. Minimising Cross Contamination Officers involved in or tasked to arrest a suspect must be mindful of: The need to protect and obtain forensic evidence in relation to the suspect (body fluids, blood etc), The recovery of clothing and footwear worn at the time of the alleged offence, Any forensic or other evidence that might be in the suspect s vehicle or home Unless circumstances are beyond their control, arresting officers or those who are involved in a search will not have had any involvement or contact with the victim or any other scene linked with the investigation. V Investigation of Serious Sexual Offences Not Protectively Marked 22

23 2.9.6 In circumstances where cross contamination may be an issue, a detailed record of actions must be made in the officer s pocket notebook The victim and suspect will not be conveyed in the same vehicles (a written record will be made of the registration number of the vehicle and where each person sat.) Consider using brown paper or plastic sheeting to cover the seat in order to minimise cross contamination The Investigating Officer will ensure that the same police officer does not come into contact with, or take possession of, clothing from both the victim and the suspect The suspect s clothing will be removed as soon as practicable prior to examination at the police station Ensure that all exhibits have been sealed and packaged appropriately. Medical Examination of Suspect Ensure that a police officer (same gender as suspect) and a Force Medical Examiner attend the forensic medical examination of the suspect. Neither must have come into contact with the victim or scenes linked to the investigation In consultation with the Supervising Officer and the Force Medical Examiner, a clearly defined list of intimate samples will be compiled An officer of the rank of Inspector or above must authorise the taking of intimate samples from the suspect in accordance with section 62(2) PACE Written consent by the suspect is required in order to carry out the forensic examination The medical examination will be conducted using the appropriate medical equipment and forensic kits. The examination will take place at a medical room in a police station or other appropriate premises The Investigating Officer must carefully consider their own welfare including health and safety before accompanying the suspect. If necessary a second officer in addition to the Investigating Officer will accompany the suspect to appropriate premises The Custody Services Department will ensure that the examination rooms are clean in order to achieve forensic integrity. (See Appendix F) The Investigating Officer will brief the Force Medical Examiner, as to the facts of the case, in order to establish key areas of forensic evidence In cases with a juvenile or adult with a mental or physical disability, it may be necessary to have an appropriate adult / person present during the examination Suspects who are intoxicated (either through drink or drug) may temporarily lose their capacity to consent. In these circumstances the examination must be deferred until such time as the suspect s capacity has returned. V Investigation of Serious Sexual Offences Not Protectively Marked 23

24 To avoid contamination follow the guidelines in paragraph Ensure that the police officer present during the examination has labelled and packaged all the exhibits correctly and that they have been signed by the Force Medical Examiner before they leave the medical room or other appropriate premises If the suspect refuses to consent to a medical examination then the custody record will be endorsed to that effect. A written record will be made of any significant marks or injuries and will be photographed (and in accordance with the Police and Criminal Evidence Act). Guidance on Lines of Enquiry A list of possible lines of enquiry for officers investigating serious sexual offences is contained within Appendix G. Interview of Suspect Preparation Where possible, at least one officer in the interviewing team will be Enhanced Interview trained Officers undertaking the role of the interviewing officer must:- Allow themselves sufficient time to properly plan the interview with the suspect, being aware of what offences may have been committed and points to prove. Evaluate the contents of the complaint made by the victim and other relevant witness statements. Prepare a written interview plan and pre-interview disclosure plan Where relevant, an appropriate adult will be present at the time of the interview. This will include mental health professionals and parent / carers. Interview The interview will be conducted in accordance with the PEACE interview model and Code C of the Police and Criminal Evidence Act All notes made prior to, during and after the interview will be retained and are subject to disclosure rules outlined in Criminal Procedure and Investigations Act. CPS/Police Liaison Cheshire Police and Cheshire CPS have agreed a joint working protocol relating to the investigation and prosecution of allegations of rape. This can be found published on the Force Information Centre under Protecting Vulnerable People policy. V Investigation of Serious Sexual Offences Not Protectively Marked 24

25 Police CPS Protocol Post Charge In liaison with the Sexual Offences Investigation Trained Officer, consider the need to arrange a case conference with CPS Liaise with the Sexual Offences Investigation Trained Officer about special measure considerations Liaise with the CPS and counsel and attend Early Special Measures meetings, with or without the victim. At the very least arrange for the victim to meet the CPS and counsel prior to trial Investigating Officers in liaison with CPS should also consider the benefits of applying to the court to make an order under the Sexual Offences Act 2003 i.e. Sex Offender Prevention Orders, Interim Sex Offender Prevention Orders, Risk of Sexual Harm Orders, Interim Risk of Sexual Harm Orders and also for orders disqualifying persons from working with children under the Criminal Justice and Court Services Act 2000 Part II when a person is convicted of an offence against a child, as defined in Schedule 4 to the Act. The listed offences include most sexual offences as well as murder, manslaughter, serious assaults, kidnapping and false imprisonment. 3. Procedure Aim Click Here to Return to Index 3.1 Cheshire Constabulary is committed to responding efficiently and effectively to all reports of crime and in accordance with the Equality and Diversity policy. In support of this we will treat rape and other serious sexual offences as high priority crimes that will be taken seriously throughout the process of reporting, investigation and the provision of follow up care and support. 3.2 This document was originally written to formalise force procedure in line with HM Crown Prosecution Service Inspectorate and HM Inspectorate of Constabulary Report on the Joint Inspection into the Investigation and Prosecution of Cases involving Allegations of Rape, published in April It has now been reviewed in line with the National Policing Improvement Agency (formerly Centrex NCPE) Guidance entitled, Investigating Serious Sexual Offences, which was published in Serious sexual offences can be defined as any offences that involve penetration of the victim s vagina, anus or mouth with a person s penis, other part of a person s body or by anything else, including both recent and historical allegations, and any other circumstances deemed to be especially serious by a supervisory officer. 3.4 The force s first priority is the safety and welfare of victims, in relation to this type of crime, regardless of age or gender. Each person reporting such a crime will be dealt V Investigation of Serious Sexual Offences Not Protectively Marked 25

26 with sensitively, tactfully and professionally in order to minimise the trauma that such offences have on their lives. 3.5 The main drivers for this procedure are: - To establish and maintain a corporate, effective and professional approach when dealing with serious sexual offences. To ensure that positive action is taken in relation to serious sexual offences. To increase the quality of service and support to victims of serious sexual offences. To increase public confidence to report serious sexual offences. Legal Basis and Legitimate Aims 3.6 For the implementation of this procedure, the following legislation is of relevance: Sexual Offences Act 2003 Police Act 1996 Youth Justice and Criminal Evidence Act 1999 Domestic law (such as The Police and Criminal Evidence Act 1984, and the Criminal Justice and Public Order Act 1994); Common Law (such as the protection of life and property and preventing breaches of the peace); The European Convention on Human Rights (ECHR) which has been given legal effect by virtue of the Human Rights Act The Health and Safety at Work Act 1974, the Police (Health and Safety) Act 1997 and legislation enabled by these Acts. Criminal Procedure and Investigations Act 1996 Criminal Justice Act 1988 Crime and Disorder Act 1998 Disabilities Discrimination Act 1995 Sex Discrimination Act 1975 Race Relations Act 1976 Race Relations (Amendment) Act The legitimate aims of this procedure are: In the interests of public safety, For the prevention of crime and disorder, For the protection of the rights and freedoms of others, and For the protection of the health and safety of others. 4. Appeals Click Here to Return to Index 4.1 Persons affected by the exercise of powers, directives or action under this procedure have the right to make representations and/or challenges and/or appeals to the decisions involved, via judicial processes (e.g. Civil Law) and or non-judicial processes (e.g. internal management, grievance and complaints procedures). They may wish to consult with their legal advisor and/or their respective staff association representative when considering such processes or procedures. V Investigation of Serious Sexual Offences Not Protectively Marked 26

27 Click Here to Return to Index 5. Review 5.1 This procedure will be formally reviewed in one year s time by the Strategic Public Protection Unit to consider: Its effectiveness in the business area concerned Any changes to legislation Impact resulting from the introduction of the Cheshire Sexual Assault Referral Centre Challenges to the procedure Any identified inefficiencies in relation to implementation Impact on diversity and equality (High on the Race Diversity Impact Assessment Template) 6. Appendices Appendix A Risk Assessment Form Click Here to Return to Index V Investigation of Serious Sexual Offences Not Protectively Marked 27

28 Appendix A - Risk Assessment Form Risk Assessment Completed by: For assessment & Agreement by S.O: Date Completed: Review Date: Ref No Work Activity Description/ Circumstance Hazard Risk (H-M-L) Location: Deployment of Sexual Offences Investigation Trained Officer Reference: Other Relevant Risk Assessments: General Duties Control Measures (either in place or required) Comments Further Action Required By Person when Responsible 1 SOIT deployment to victim Offender known & in custody. Assault Abuse Intimidation Transport Fatigue Stress Communication Intelligence checks Personal protection equipment Double deployment Controlled contact / venue Relocation of family Covert policing Non deployment Third party involvement Counselling Workload Other (specify) V Investigation of Serious Sexual Offences Not Protectively Marked 1

29 Appendix B List of Examinations Suites in Constabulary Appendix B - List of Examinations Suites in Constabulary BCU Suite Booking contact Tel.No Neal serial no: Location of secure store System of allocating unique video no. cclesfield Hurdsfield Suite, Nicholson Close, Macclesfield CPT:4401 or Social Services: (obtain access code) 75 Macclesfield CPT office From Macclesfield CPT, computer generated rrington The Graham Suite, Manchester Road, Woolston Warrington CPT: Warrington CPT-Charles Stewart House From Warrington CPT, paper records ton Brookside, Castlefields, Runcorn Social services: Halton CPT, Runcorn Halton CPT, Runcorn - computer generated ester & smere Port Melbourne Suite, Blacon Chester CPT:2524 or use Melbourne Suite icon on Lotus Notes 21 Chester & E/P CPT, Blacon Generated from system in CPT office, Blacon. ngleton & Vale yal Stepping Stones, Alsager. Rivendell, Winsford Ext:2891 St.stones:33 Rivendell:77 CPT office, Winsford Old Police Station Computer generated number allocated from CPT, Winsford Old Police Station V Investigation of Serious Sexual Offences Not Protectively Marked 2

30 Appendix C General Guidelines for the Forensic Medical Examiner (Force Medical Examiner) V Investigation of Serious Sexual Offences Not Protectively Marked 1

31 Appendix C - General Guidelines for the Forensic Medical Examiner (FME) General Considerations for Both Victim and Suspect Examinations 1. When requested to do so, attend an examination suite, police station, hospital or other appropriate premises as soon as possible as essential forensic evidence will need collecting. 2. Liaise with the SOIT/STO and / or IO, to obtain facts of the case in order to establish key areas of forensic evidence. 3. When conducting an examination the FME will be accompanied by a SOIT/STO of the same gender as the victim (unless agreed otherwise) or suspect. 4. All medical examinations will be conducted using the forensic medical examination kits and equipment provided. 5. Confirm that the appropriate written consent has been obtained prior to the examination of the victim / suspect. 6. Always consider wearing barrier clothing i.e. gloves and masks, when conducting examinations due to contact with body fluids and issues of contamination (DNA). 7. To avoid contamination:- Talking, coughing or sneezing must be minimised when unsealed samples or exhibits are being handled. Samples should be handled carefully and as little as possible, powder free nitrile gloves must be worn. The packaging should be taken to the sample and not the sample to the packaging. 8. Must not have come into contact with the suspect or suspect s exhibits if dealing with the victim and vice versa unless they have showered and changed their clothing or there has been a considerable time lapsed between the examinations. 9. Defer the examination of a victim / suspect who is intoxicated (through either drink or drugs) and has temporarily lost their capacity to consent. 10. When conducting examinations with victims and suspects, with mental and / or physical disabilities, an appropriate adult may be present. 11. In conjunction with the police officer present at the examination clarify which forensic samples are required. 12. Each exhibit will be consistently described from recovery through to the preparation of a written statement to minimise confusion and to retain integrity of each exhibit. 13. Sign each exhibit label once the examination has been completed. Appendix D Guidelines for Paediatric Forensic Examinations V Investigation of Serious Sexual Offences Not Protectively Marked 2

32 Appendix D - Guidelines for Paediatric Forensic Examinations Guidelines on Paediatric Forensic Examinations in Relation to Possible Child Sexual Abuse Produced by the Royal College of Paediatrics and Child Health and the Faculty of Forensic and Legal Medicine October 2007 The Royal College of Paediatrics and Child Health (RCPCH) and the Faculty of Forensic and Legal Medicine (FFLM) have agreed that for this paper a child will be defined as anyone under the age of 16i. Background to these Guidelines In 1988 the Association of Police Surgeons (APS - now incorporated into the Faculty of Forensic and Legal Medicine) and the British Paediatric Association (BPA - now incorporated into the Royal College of Paediatric and Child Health) wrote a Joint Statement on Child Sexual Abuse which described good practice for those members of the two bodies who conduct assessments of children who may have been sexually abused (APS & BPA, Appendix I, in Report of the Inquiry into Child Abuse in Cleveland 1987 HMSO re-issued in 1993). Whilst the contents of that statement are still valid, members of the respective bodies have sought advice on a number of issues not addressed in the 1988 or the 2002 versions of this statement. This document attempts to address the deficiencies in the previous statements by describing further elements of good practice These amendments are summarized as follows: - 1. It is essential that high quality photo-documentation be obtained during a paediatric forensic examination. If this is not obtained the practitioner must document in his/her notes the reasons for this; 2. A single doctor can conduct a paediatric forensic examination provided he/she has all the necessary skills; 3. The examining doctor must ensure that they are familiar with evidence-based guidance regarding the interpretation of the signs. Paediatric Forensic Examinations A paediatric forensic examination will be required whenever a child has made a disclosure of sexual abuse, or sexual abuse has been witnessed, or when a referring agency strongly suspects abuse has occurred. It consists of the clinical history and examination, detailed documentation (including the use of line drawings) and photodocumentation, as well as obtaining any relevant forensic samples, writing a report and arranging any necessary V Investigation of Serious Sexual Offences Not Protectively Marked 3

33 Appendix E Examination / Interview Suite Log V Investigation of Serious Sexual Offences Not Protectively Marked 1

34 Appendix E - Examination / Interview Suite Log er Date Time attend ed Name & signature Status/ role (ie: SOIT, FME, Cleaner) Offence being investigated Number of audio and video tapes used Interview Y/N & Who. Medical Y/N & who Reasons Cleaning (state what has been cleaned) Stock replenishment (state what has been replaced) Cleaning (state where needs cleaning) Requests Stock replenishm (What nee replacing V Investigation of Serious Sexual Offences Not Protectively Marked 2

35 V Investigation of Serious Sexual Offences Not Protectively Marked 3

36 Appendix F Forensic Science Service Cleaning Protocol for Victim Examination Suites V Investigation of Serious Sexual Offences Not Protectively Marked 1

37 Appendix F Forensic Science Service Cleaning Protocol for Victim Examination Suites Cleaning Protocol for Victim Examination Suites The suite needs to be cleaned after each use to prevent DNA contamination. The cleaning should include the forensic waiting room, the medical examination room, the bathroom and toilet within the facility. Within the medical examination room the floor, couch (even if covered with a protector at the time of the medical), worktop, writing desk, sink and taps need to be cleaned each time the room is used. The Forensic Science Service in liaison with the DNA Site Manager at the London Lab have provided guidance regarding suitable disposable equipment and cleaning agents, which are used by the Forensic Science Service. The following is the advice and contact details that have been provided: Use Mediwipes (Seton Healthcare Group) an alcohol based wipe with organic content for wiping down vinyl chairs in waiting room area and for the medical examination couch. These are used by the FSS in the DNA units for cleaning scissors and forceps and have instantaneous action. Use Virusolve disinfectant as a general cleaning reagent. This is suitable for all hard work surfaces such as counter tops and sinks. The product is also available as a ready to use spray and as disposable wipes. The disinfectant is meant to be in contact for at least 10 minutes to be effective. The FSS never use the solution itself neat. It is purchased as a concentrate that is diluted down 10% solution. Once diluted it has a limited shelf life. On that basis a 10% solution would be suitable for floors and other surfaces as it is left on. The product in use at the moment is Microsol 3 and is purchased from Anachem. Anachem House Charles Street Luton, Bedfordshire LU2, OEB Met Lab rep-kate Scanlan This product is also available as a ready to use spray and disposable wipes. Use disposable white paper towels for cleaning surfaces with the Microsol disinfectant. (Any of the coloured varieties can cause fluorescence problems in the DNA process.) Cleaning of any surfaces which could potentially collect dust etc e.g. exposed storage shelves, should be cleaned on a weekly basis at least. V Investigation of Serious Sexual Offences Not Protectively Marked 2