LPG1.7.12 Models, Methods and Processes Initial Investigation and Recording a Crime Student Notes Version 1.06
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Learning Outcomes When you have successfully completed this module, you will be able to 1. Outline What is Determined by the Initial Investigation of an Incident and the National Crime Recording Standard (NCRS) 2. Explain the meaning of the term modus operandi and the 10 point system 3. Identify When A Crime Should be Recorded and the Details Required to Complete a Crime Report Key to Graphics The pencil indicates an exercise or knowledge check for you to complete. The microscope tells you when there is a topic that may require a closer look or further research or reading. The exclamation mark highlights an area that you need to pay close attention to. 3
Table of Contents Learning Outcomes... 3 Key to Graphics... 3 Introduction... 5 Initial Investigation of Crime... 6 National Crime Recording Standards (NCRS)... 7 Allegations of crime... 8 Unable to trace a victim?... 8 Police action when a crime is reported... 9 Collection of information... 9 Initial Investigation of Volume Crime... 10 Modus operandi (M.O.)... 11 Modus operandi system... 11 The ten points of the modus operandi system... 12 Purpose of a Crime Report... 13 What Does a Crime Report Contain?... 13 Physical Completion of Crime reports... 14 Key Aspects of an Initial Investigation... 15 Knowledge Check... 16 Knowledge Check Answers... 18 Appendix 1 - Example of a Generic Primary Investigation Plan... 20 4
Introduction The initial investigation of crime is all about obtaining the core information regarding an incident which will enable all those involved in the process to determine :- 1. What exactly has occurred? 2. Is the incident a crime? 3. If so what sort of a crime? For example an individual may contact the police stating they have been robbed. If the appropriate questions are not asked by the first contact then the response may be totally out of proportion to the incident the caller may state they have been robbed when what they really mean is that their purse disappeared some time during the previous day. To the member of the public this is one and the same thing, but the initial actions are totally different. If a true robbery has just occurred then a full description of the offender and the items taken needs to be circulated, a rapid response is required, and consideration may need to be given to any injuries the person may have suffered. If it is a lost purse, then the caller should be told that an officer will be attending to take details at some point during the day ( by mutual arrangement if possible) and in the meantime the injured party should cancel all bank cards, and make a list of all property that was in the purse. Once these matters have been established, it may be that the matter may be dealt with immediately, i.e. if the alleged offender is still at the scene. If not, and the offender s whereabouts are known, it is important to obtain sufficient details for a crime report, and also a statement of complaint, as these documents can assist in justifying 5
your actions, particularly if an arrest is proposed. The importance of obtaining as much information on the crime report as possible If the alleged offender is unknown, then a full crime report should be obtained, and the incident circulated as per your Constabulary s policy. Remember that you may not be the officer carrying out the investigation, so as much detail as possible should be entered on the crime report to assist those who do end up investigating. Remember also that, in terms of evidence, your crime report is primary evidence of the incident, as it will usually consist of the first formal account of the incident by the aggrieved or victim. Initial Investigation of Crime Evidential versus prima facie crime recording The HMIC On the Record Thematic Inspection on Police Crime Recording, the Police National Computer and Phoenix Intelligence System Data Quality [2000] confirmed an inconsistent pattern of recording of crime and incidents between constabularies. It also highlighted the different approach being taken by constabularies to crime recording, with some constabularies adopting an evidential approach, whilst others took a more prima facie approach. The evidential approach implied crimes were only being recorded when there was clear evidence to support the allegation that a crime had occurred. The prima facie approach led to the recording of a crime whenever suspicion arose that a crime had occurred, whether there was proof of this or not. The National Crime Recording Standard (NCRS) implemented by all forces on 1 April 2002 (revised with effect from 1 April 2003) deliberately steers away from this issue of evidential versus prima facie to adopt a more victim-focused approach to crime recording with a desire to improve consistency. Greater emphasis is placed on 6
what the victim perceives as a crime, which is in line with the approach now taken to the recording of hate crime. Where the victim believes a crime has occurred, this will usually be enough to record a crime, even if no investigation is wished for. National Crime Recording Standards (NCRS) The standard sets out three basic principles for the recording of crimes for constabularies to follow: All reports of incident, whether from victims, witnesses or third parties and whether crime related or not, will result in the registration of an incident report. Following the initial registration, an incident will be recorded as a crime (notifiable offence) if, on the balance of probability: o The circumstances as reported amount to a crime defined by law, and o There is no credible evidence to the contrary. Once recorded, a crime will remain recorded unless there is credible evidence to disprove that a crime has occurred. Not every single incident needs to be recorded as a crime It is important that the Standard supports a victim focused approach to crime recording where the public s call for service is met, as opposed to a proactive one where the police are required to trawl for potential crimes. This does not mean that every single incident will be recorded as a crime. An example would be where an incident involving a smallscale disturbance in the street is seen on a public CCTV, and officers attend but all parties have left the scene and there are no obvious injuries. This should be recorded as a crime related incident for intelligence purposes, but this is not a recorded crime. 7
Allegations of crime An allegation should be considered as made, at the point of first contact, i.e. the stage at which the victim or a person reasonably assumed to be acting on behalf of the victim first makes contact with the police, be that by phone, etc or in person. If an alleged or possible victim cannot be contacted or later refuses to provide further detail, the Crime Recording Decision Making Process (CRDMP) should be based on all available first contact information. When an allegation may be considered to have been made The fact that a person is drunk or otherwise impaired might have a bearing on the balance of probability issue within the CRDMP. As a minimum a crime related incident must be recorded and followed up by the police when the person is in a fit state. However, if at the time of reporting supporting evidence exists, a crime should be recorded, regardless of the victim s condition. An unwillingness to support an investigation or prosecution should not be allowed to negatively influence the CRDMP. Unable to trace a victim? Where there are grounds to suspect that a victim related crime (i.e. a crime requiring victim confirmation for it to be complete) may have taken place but no victim (or person reasonably assumed to be acting on behalf of the victim) can immediately be found or identified, the matter should be recorded as a crime related incident until such time as the victim is located or comes forward. For example, apparent or possible criminal activity, such as damage to bus shelters, telephone kiosks, forensic items (blood) etc, which does not in itself amount to evidence of a crime, coming to the attention of the police after the incident either personally or via third parties, would not initially be recorded as a crime but as a crime 8
related incident and enquiries should be carried out to locate the victim. The successful detection of crime can be assisted by careful recording and systematic exchange of information. Your skills in observation and questioning, together with methodical administration, will support this process. The needs and concerns of victims of crime should be considered at all times. Consider referring the person to Victim Support if you are unable to provide the support needed. Police action when a crime is reported You should take the following general action in all cases of crime reported to you: obtain all possible information from witnesses and victims complete a crime report and submit before going off duty inform supervising officers, specialist teams or CID dependent upon type or seriousness of offence Collection of information Any information obtained must be accurate The smallest detail of information may help identify a criminal The most important factor relating to any information obtained is its accuracy. Inaccurate or incomplete information could seriously affect the course of enquiries. For example, criminals are frequently known to commit certain extraordinary acts, which are in no way associated with the crime, for example disturbing beds, consuming food or urinating on the floor. This must be recorded. The smallest detail of information may help identify a criminal. Information for feeding into the system can be obtained from the scene of the crime, witnesses 9
and, of course, the criminal. Crime recording is the first function along the investigative trail The importance of the first investigator s crime report Emphasis on obtaining information, evidence and intelligence A significant contributing factor to a successful investigation is the first investigator s crime report. It is a mistake for any officer to believe that their role is to just record details and that another unit is responsible for investigating the crime. It should be recognised that crime recording is the first function along the investigative trail. There should be an emphasis on obtaining information, evidence and intelligence, rather than simply recording allegations. If this is not the case, it is unlikely that the resulting crime reports will be detailed or accurate enough to enable correct assessment. Therefore, the quality of the actions taken and recorded bears greatly upon the successful resolution of a case. If the initial gathering of witness details, collection of physical evidence, identification of lines of enquiry, conducting of searches and the arrest of outstanding offenders is poor, it can affect the outcome of the investigation. Initial Investigation of Volume Crime The initial investigation of volume crime incidents needs to be approached in the same manner as serious crime incidents The initial investigation of volume crime incidents needs to be approached in the same manner as serious crime incidents, in the manner outlined above. The Practice Advice on The Management of Priority and Volume Crime, Second Edition, ACPO, 2009 highlighted that The Police Service in the UK has an excellent reputation for investigating serious crimes but this is not the case for volume crime. Despite impressive reduction rates, the performance of the Police Service in solving volume crime is perceived by many as having the scope for improvement. The Practice Advice on The Management of Priority and Volume Crime guidance identified that importance of the initial investigation of volume crime incidents. As with serious crime incidents, volume crime incidents should also be investigated along 10
Investigation and detection opportunities can be lost the same principles as outlined in the previous paragraph. If this is not the case, not only are investigation and detection opportunities lost, but the data that drives many other functions, e.g., analysis, identification of offenders or hot spots, will be inadequate. Effect on public confidence In addition, poor or inadequate initial and/or primary investigations are likely to have an adverse impact on the confidence that the public have in the police, and will do little to reassure the community. Officers attending all types of crime scenes should do more than simply record details In conclusion, police officers or police staff attending all types of crime scenes should do more than simply record details. Officers should conduct comprehensive investigations, reassure the immediate community and maximise forensic opportunities. Further guidelines about the initial investigation of volume crime incidents can be found in Appendix 1. Appendix 1 is an example of a generic primary investigation plan which was produced by the Practice Advice on The Management of Priority and Volume Crime, ACPO, 2009. The actual Practice Advice on The Management of Priority and Volume Crime, ACPO, 2009, guidance can be found at: http://www.acpo.police.uk/asp/policies/data/the%20management% 20of%20Priority%20and%20Volume%20Crime.pdf Use of Modus Operandi (MO) Modus operandi (M.O.) You will normally record information of the modus operandi system: in your pocket notebook or incident report book and on the crime report or via your electronic PDA Modus operandi system You need to compare two aspects of a crime by using the modus 11
operandi file: the method by which a crime is committed the method by which a known criminal operates When these two methods are found to be very similar, identification can be made. This method of identification requires full and accurate information to be supplied. A police officer submits this information when a crime report is submitted and when a criminal is arrested. An analyst may link details regarding numerous crimes in your area to show a pattern and the modus operandi. They may inform you of this type of information through NIM profiles and briefings. The ten points of the modus operandi system The points to be borne in mind when collecting information for the system are: Style Time Objective Pal Class Reason Instrument the style of deception used in criminal deception cases, e.g. dressed as a church minister, documents claiming to be an insurance collector relative to an event (not to the clock), e.g. only on market days, early closing days, on certain days of the months the objective of the crime, e.g. gain, lust, revenge accomplice or friend the class of person or property attacked reason for being in the area, the criminal s self-account, instrument used to commit the crime, e.g. crowbar, could be unusual bodily force (sitting on victim) 12
Mode Entry Signature mode of transport used to commit the crimes the actual point where entry was made something unusual done by the criminal, their signature, e.g. creates an escape route by wedging doors open, closes curtains, ejaculates into women s underwear, defecates. When a crime report is submitted as many of these details should be included if applicable to the crime. It may then be possible to match an offender to a crime because of a similar modus operandi. Purpose of a Crime Report Upon receiving a complaint of a crime, a crime report is completed by an officer who may visit the scene of the crime. The purpose of a crime report is to provide a permanent record setting out the details of the crime. It also helps with the collation of official statistics. What Does a Crime Report Contain? The style of crime reports differs from force to force, but the following details may be included: 1. victim s details: name and address, date and place of birth, occupation, sex 2. place of offence, time and date committed 3. details of offence 4. injury to victim and type of weapon used 5. value of property stolen, recovered, damaged 6. property stolen identifiable, non-identifiable, recovered 7. means of disposal of offence (used for statistical purposes and is generally completed by a supervisor and relates to whether 13
or not the crime was detected) 8. officers attending scene 9. persons wanted or suspected 10.circulations if appropriate 11.date supplementary crime report due (this may be subject to local procedure and does not always appear) 12.date and by whom victim was informed of the result of the investigation. If you are investigating an offence it is important to keep the victim informed of your progress Physical Completion of Crime reports Familiarise yourself with your local crime report forms You should make yourself familiar with examples of a crime report pro-forma or other methods of recording crimes such as via a PDA that you might have in your constabulary. They detail the information that you will probably require to complete a manual or electronic crime report. The layout may vary from constabulary to constabulary. The important point to take from the forms or relevant format is the information required of you when gathering crime details. If your constabulary uses an electronic form of crime recording it is vital that you obtain all the data necessary for each field to be completed. If you do not do so, you may well have to go back and get it from the complainant at a later date, or another officer may not be able to effectively search the database for crime information. 14
Key Aspects of an Initial Investigation Scene Management Identify and preserve Potential Evidence Identify other potential evidence sources Key Considerations Who is the investigating officer? Risk management What is the limit of the initial attending officer s role? Communication Recording information Handover and Briefing Interviews Witnesses Victim Offender Initial Search Access routes Exit routes Places where offenders are likely to have been 15
Knowledge Check 1. When should a crime report be completed? 2. What is the purpose of a crime report? 3. What does a crime report contain? 16
4. List the ten points of the modus operandi system 17
Knowledge Check Answers 1. When should a crime report be completed? Where the victim believes a crime has occurred, this will usually be enough to record a crime, even if no investigation is wished for. 2. What is the purpose of a crime report? The purpose of a crime report is to provide a permanent record setting out the details of the crime. It also helps with the collation of official statistics. 3. What does a crime report contain? 1. victim s details: name and address, date and place of birth, occupation, sex 2. place of offence, time and date committed 3. details of offence 4. injury to victim and type of weapon used 5. value of property stolen, recovered, damaged 6. property stolen identifiable, non-identifiable, recovered 7. means of disposal of offence (used for statistical purposes and is generally completed by a supervisor and relates to whether or not the crime was detected) 8. officers attending scene 9. persons wanted or suspected 10.circulations if appropriate 11.date supplementary crime report due (this may be subject 18
to local procedure and does not always appear) 12.date and by whom victim was informed of the result of the investigation. If you are investigating an offence it is important to keep the victim informed of your progress 4. List the ten points of the modus operandi system Style Time Objective Pal Class Reason Instrument Mode Entry Signature the style of deception used in criminal deception cases, e.g. dressed as a church minister, documents claiming to be an insurance collector relative to an event (not to the clock), e.g. only on market days, early closing days, on certain days of the months the objective of the crime, e.g. gain, lust, revenge accomplice or friend the class of person or property attacked reason for being in the area, the criminal s selfaccount instrument used to commit the crime, e.g. crowbar, could be unusual bodily force (sitting on victim) mode of transport used to commit the crimes the actual point where entry was made something unusual done by the criminal, their signature, e.g. creates an escape route by wedging doors open, closes curtains, ejaculates into women s underwear, defecates. 19
Appendix 1 - Example of a Generic Primary Investigation Plan Take report from victim Get the details right first time, e.g., sex, age, self-defined ethnicity; Remember the contact phone numbers. Arrest suspect if at scene or identified through initial investigation Arresting suspect at earliest opportunity could secure good evidence and solve the crime quickly. List your structured investigation on the free text field record your individual lines of enquiry by number as follows: Take full suspect description Record the actions you have taken to trace this suspect. List other enquiries PNC, TE, VODS, QUEST, CIS, photographs circulated. Department for Work and Pensions. Consider the scene Preserve the scene for SOCO if appropriate record this. If a serious crime cordon off and commence a scene log. CCTV potential Recover CCTV evidence at or nearby the scene and exhibit it. Record any other CCTV evidence you have not yet obtained. House-to-house Consider house-to-house in relation to burglary, robbery or other serious crime. Record all the house-to-house completed with the result, negative or positive. Witnesses List other potential witnesses and what evidence they could provide. Record their potential for VIPER. Other evidence Where appropriate, seize exhibits. Consider financial intelligence and evidence of lifestyle. Document, photograph injuries and ensure forensic evidence is obtained. Statements Obtain statements for threats to kill, robbery, burglary artifice (proforma), when a person has been arrested, there is a named suspect, where directed to by supervisor. For all crime list who else a statement would be needed from and why. Record crime before going off duty 20