LPG1.4.03 Policies and Procedures Documentation€¦ · relevant documentation and the passing of...
Transcript of LPG1.4.03 Policies and Procedures Documentation€¦ · relevant documentation and the passing of...
LPG1.4.03 Policies and Procedures Documentation
Student Notes
Version 1.18
Student Notes IPLDP Central Authority Executive Services
The NPIA is operating as the Central Authority Executive Services for the design and
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Learning Outcomes
When you have successfully completed these student notes, you will be able to:
1. Summarise Pocket Note Book (PNB) Rules or Evidence and Actions Book
(Metropolitan Police) (EAB) Rules
2. Explain Methods of briefing / de-briefing
3. Explain the importance of Recording of notes at the scene
4. Summarise the procedure of Recording of narrative
5. Explain the process of Crime reporting
6. Summarise the requirements and give examples of Case papers used in a
process file referring to the Manual of Guidance (MOG)
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.
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Table of Contents
Learning Outcomes ................................................................................................. 3 Key to Graphics ...................................................................................................... 3 Table of Contents.................................................................................................... 4 Introduction ........................................................................................................... 6 Pocket Note Book/Evidence and Action Book (PNB & EAB)............................................. 6
General Rules ................................................................................................... 6 Pocket Note Book/Evidence and Action Book Rules....................................................... 8
No Erasures...................................................................................................... 8 No leaves torn out ............................................................................................. 9 No blank spaces ................................................................................................ 9 No overwriting ................................................................................................ 11 No writing between lines .................................................................................. 11 Statements in direct speech .............................................................................. 11
Briefing and Debriefing .......................................................................................... 11 Briefing Structures........................................................................................... 11 Parade ........................................................................................................... 12 Information Sharing......................................................................................... 12 Tasking .......................................................................................................... 12 Deployment .................................................................................................... 13 Structure for Event and Public Order Briefings ..................................................... 13 Structure for Briefing re- particular policing problems ........................................... 14 Debriefing ...................................................................................................... 14 Recording of Notes at the Scene ........................................................................ 15 What to Record ............................................................................................... 15 Information common to all incidents .................................................................. 16 Evidential Notes .............................................................................................. 17 Non-Evidential Notes........................................................................................ 17
Contemporaneous Records of Interview ................................................................... 18 Person’s rights other than at a police station ....................................................... 19 Person’s rights at a police station....................................................................... 20 Record Format ................................................................................................ 21
Crime Reporting.................................................................................................... 24 The Standards ................................................................................................ 25 Allegations of Crime......................................................................................... 25 Unable to Trace Victim ..................................................................................... 26 Police Action ................................................................................................... 26 Collection of Information .................................................................................. 27 Recording of Information .................................................................................. 27 Modus Operandi System................................................................................... 27 The ten points of the modus operandi system...................................................... 28 Crime Report .................................................................................................. 29 Initial Investigation of Volume Crime.................................................................. 30 Descriptions of Suspects................................................................................... 31
Case Papers (Manual of Guidance)........................................................................... 31 Post Charge Expedited File................................................................................ 33 Remand cases................................................................................................. 33 List of MG Forms ............................................................................................. 33
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Expedited File – Information ............................................................................. 35 Post Charge Evidential File ................................................................................ 37 Post Charge Evidential File Content .................................................................... 37 Post Charge Evidential File Information............................................................... 38
The Streamlined Process of Building Case Files.......................................................... 40 Pre-Charge Reports ............................................................................................... 41 The Director's Guidance on Charging 2011 - fourth edition, January 2011 (revised arrangements) states: ........................................................................................... 41
Upgrade to Full File.......................................................................................... 43 File Submission Times ........................................................................................... 43 Knowledge Check.................................................................................................. 44 Knowledge Check Answers ..................................................................................... 47
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Introduction
An important part of police work is the accurate completion of
relevant documentation and the passing of information.
These student notes explain the types of documentation you will
encounter early in your police career. They will cover:
• Pocket Notebooks/Evidence and Actions Books
• Crime reporting
• Case files
• Recording of narratives
• Recording of notes at the scene of an incident, and
• Methods of briefing and debriefing
Pocket Note Book/Evidence and Action
Book (PNB & EAB)
All Pocket Note Books/Evidence and Books must be completed in
compliance with the Rules and Codes of Practice supplied to you by
your trainer.
The rules are designed to ensure that entries will withstand close
scrutiny in court. If there is a suggestion that something in your
PNB/EAB was improperly altered, deleted or added, it may well result
in an offender escaping conviction.
General Rules
Before looking specifically at PNB/EAB Rules we will consider some
general rules that apply to all report writing.
Always use black ball point pen to complete any official police
document. This is because:
1. it does not smudge easily, remember you may have to write
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in the rain
2. ball point is difficult to rub out
3. black photocopies well.
Always use the 24 hour clock.
3.30PM 1530 HRS.
Block letters must always be used when writing:
Days:- SUNDAY
Dates:- 5TH DECEMBER 2005
Times:- 0915 HRS.
Places:- PARK CENTRE, KINGSBRIDGE,
CT164BD
Addresses:- 14, CHAPEL STREET, WOODBRIDGE,
CT168DT
Compass Points:- NORTH
Names:- All names must be written in block letters.
Last names (surnames) must be LARGER BLOCK
LETTERS than others (or if you write all in capitals or
large block letters then underline the last name) so that
they stand out in a report or entry, e.g.
MR. ROBIN SMITH
Or
MR ROBIN SMITH
Why do you think block letters/capitals must be used in this way?
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Pocket Note Book/Evidence and Action
Book Rules
PNB/EAB Rules can be summarised by the mnemonic ‘ELBOWS’
NO E rasures
NO L eaves torn out
NO B lank spaces
NO O overwriting
NO W writing between lines And
S statements in direct speech
No Erasures
You must not erase entries in any PNB/EAB by any means, ‘Tippex;
rubbing out; scribbling out, etc.’ We all do and will make mistakes
therefore; there are two ways of dealing with any error you may
make. How you correct it depends on when you realise your
mistake.
If you realise immediately that you have written the wrong word(s),
you can cross-out the incorrect word(s) with a single line and initial
it, then enter the correct word(s) alongside. It is important that the
crossed-out word(s) can still be read, as shown below:
Initial your errors
On FRIDAY 21ST SEPTEMBER 2005, at 0930 HOURS MR
ALFRED EM ROBERT STEVENSON alleged that he had been
assaulted by …
If the error is not noticed at the time, cross-out the incorrect
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word(s), initial and enter the letter ‘A’ above the error, or if it is
something left out, above the space where the addition is required.
On FRIDAY 21ST SEPTEMBER 2005, at 0930 HOURS MR
ALFRED EM ‘A’ STEVENSON alleged that he had been
assaulted by a woman I now ‘B’ to be MRS LINDA JOHNSON
of….
Additional errors should be labelled ‘B’ and ‘C’, etc. These ‘inserts’
can then be placed at the end of your entry before it is signed, as
shown below.
Informed control room at 1015 HOURS.
‘A’ = ROBERT. ‘B’ = know
Eric Miller PC1234
In addition, if a particular entry is required to be countersigned by
someone (e.g. a person you have interviewed, or someone verifying
a list of found property they are handing to you), that person must
also counter initial and/or countersign any corrections in it. This
will show that the alterations were made with that person’s
knowledge.
No leaves torn out
Under no circumstances must any leaves of any PNB/EAB be
removed, torn out or changed. (This applies even whilst you are
undergoing training). Your integrity is under constant assessment.
No blank spaces
The purpose of this rule is to satisfy anyone scrutinising your original
notes that it was impossible for anything to have been added since
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they were signed by all persons whose signatures appear in them.
Blank spaces must not be left:
- between words
- between lines, or
- at either end of the lines
So you can see even paragraphs aren’t used in original notes. Plan
ahead as you write and ensure that the written matter fills the line.
Initially you may find this difficult to do but it will become easier with
practice. Meanwhile, if there is insufficient space to complete a word,
break it and continue on the next line.
In original notes, not filling the whole line with writing is permitted
only on the following occasions:
a) in a record of questions and answers, if you want to start each
on a new line
b) listing property, with each item on a separate line
at the end of each entry, if there is insufficient space for your
PNB/EAB signature your full signature should be at the beginning of
the next line.
In these circumstances, fill the space by drawing a line to the end
and initialling at the end of the line.
Don’t fall into the trap of leaving spaces at the end of lines and filling
them with short lines and initials. This will show that you do not
abide by the rule, that you don’t leave blank spaces. Who knows
when you filled them in and whether or not you added any words in
some of the spaces, instead of a line and initial?!
If you draw a sketch, sign the last line of writing before it and start
any further writing on the next clear line after it.
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No overwriting
Overwriting to alter or correct any word or letter or number is not
permitted.
No writing between lines
You must not write between lines of writing. There should be only
one line of writing on each line of the PNB/EAB.
Statements in direct speech
Record all statements in direct speech :
He said, “I was going…”
Not He told me he was going…
Briefing and Debriefing
Every operational shift commences with a briefing. These are held so
that up-to-date information and intelligence can be passed to officers
in order that they are able to patrol effectively and reduce crime and
disorder.
However, this does not remove your responsibility to find out as
much information as you can yourself.
Briefing Structures
There are a number of different structures that are used to brief
people.
The structure that is recommended for daily briefings is as follows:
1. Parade
2. Information Sharing
3. Tasking
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4. Deployment
Parade
The purpose of this part of the briefing is to make sure that everyone
who should be there is present and to ascertain if there are any
unexpected additional personnel. This stage may take the form of a
role call or visual inspection depending on the numbers being briefed.
Information Sharing
This stage should be interactive. It is designed to provide officers
with the information needed to direct proactive patrols and to debrief
staff to obtain further relevant information as appropriate.
Information provided should be:
• Relevant,
• Recallable,
• Actionable, and
• Prioritised
(It has been found that the best number of items on any briefing is
seven. More cannot be recalled easily and less means that
insufficient advantage has been taken to brief people fully.)
As each item of information is given, those being briefed should be
invited to add any additional relevant information they may have.
Tasking
This is a key element of effective patrol. It directs patrols towards
specific activities in support of crime reduction (or other priority
policing areas) and for intelligence gathering. The tasks that are set
should be SMART.
S Specific,
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M Measurable,
A Achievable,
R Relevant, and
T Timely.
Sometimes all patrol activity will be directed towards a single hotspot
or problem; at other times a number of policing problems may be
tackled.
Deployment
People are deployed in support of the tasks they are given.
Refreshment times and other duties are also allocated.
Structure for Event and Public Order Briefings
A briefing structure that is commonly used for briefing officers for
policing special events and public order operations is referred to as
IIMARC:
I Information – What is the ‘action’ about? Includes: when
commences; duration; venue; is it covered by legislation; any
other agencies involved
I Intention – What is the intention? Details what needs to be
achieved as far as reasonably practicable.
M Method – how will the intention be achieved? Includes:
command structure; tasking; RVPs and cordons; vehicle access
routes; arrest and detention policy; specialist police/outside
agencies liaison strategy.
A Administration – what are the administrative issues
surrounding the ‘action’? Includes: briefing details; security &
disclosure; any contingency plans; custody issues; media
issues; intelligence; legal issues.
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R Risk – what are the weaknesses and threats and what could go
wrong? Includes: health & safety issues; how risks can be
reduced; sufficiency of trained personnel; need for community
care assessment.
C Communications – how will communication be maintained
throughout the action? Includes: security; radios – types
channels call signs etc.; mobile phones & pagers.
Structure for Briefing re- particular policing
problems
A structure that is employed when briefing staff concerning the
tactics and resources to be used in order to address a particular
policing problem is referred to as
SAFCOM:
S Situation – the situation or problem as we know it.
A Aim – what we intend to do about it.
F Factors – what have we to consider? Factors that may affect
the operation; what steps need to be taken to reduce risk;
necessary resources.
C Choices – All the various solutions available to us.
O Option (preferred) – the choice we prefer after assessment
and analysis of all options.
M Monitoring – how we will review the operation? How will
success be measured; mobile phones; all communications
through Op. Commander or Control Room.
Debriefing
Effective debriefing is an important and essential element of
intelligence-led patrol, problem-solving and crime and disorder
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reduction. It is the source of further intelligence which can be used
in future policing operations.
You should get used to debriefings as often as possible.
There are several methods for organising a debrief:
• Chronological – with the main participants talking through the
incident as it unfolded;
• Using the IIMARC briefing structure;
• Using structured questioning to bring out the information;
• Free Style – not imposing an order but allowing participants to
raise points as they think of them.
Make sure that all the intelligence discovered during an operation has
been entered onto your Criminal Intelligence System.
Recording of Notes at the Scene
During the course of your police career you will attend a great many
incidents, a proportion of which will result in you having to attend
court to give evidence. At the court you will be expected to provide a
clear, honest and accurate account of the incident, even though it
may be months after the incident has occurred. Will you be able to
recall the incident in detail?
In order to assist you the court will allow you to refresh your memory
from original notes you made at the time of the incident. Under
normal circumstances those notes will be recorded in your Pocket
Notebook/Evidence and Actions Book.
What to Record
The type of information you record in your pocket notebook/evidence
and actions book will vary according to the particular type of incident
you are dealing with, but there are certain pieces of information you
should record at all incidents.
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Remember your pocket notebook /evidence and actions notebook is
your record of the incident and you can write as many notes as you
feel you need, provided they are notes made at the time.
Information common to all incidents
• Time sent or informed of the incident
• Time of arrival at the scene
• Name, address and telephone number of the person(s)
reporting the incident
• The nature of the incident (e.g. road traffic collision; assault;
domestic dispute etc)
• The time the incident actually occurred
• The exact location where the incident occurred
• Names, addresses and telephone numbers of persons involved
• Names, addresses and telephone numbers of any witnesses
• Details of what has occurred
Depending on the type of incident you may record all or some of the
following information:
• Records of any interview conducted at the scene (a
contemporaneous notes interview) with questions and answers
recorded in direct speech
• Times of cautions given and record of any replies given (in
direct speech)
• Descriptions of suspects
• Details of property stolen including a value and description
• Details of property damaged including value and description of
the damage
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• Names, addresses and telephone numbers of any persons
injured together with details of injuries sustained
• Vehicle descriptions including registration numbers
• Damage caused to vehicles
• Road and weather conditions
• Lighting conditions (e.g. daylight, night, street lighting)
This is not an exhaustive list. You should make a record of anything
you consider may be of assistance to you in your enquiries and in
recalling the incident later.
Evidential Notes
The term evidential notes refer to records of information that may be
used as evidence in any subsequent legal proceedings, whether it is
in the criminal courts or the civil courts.
The type of information listed above falls within the area of evidential
notes.
However, the notes must be original notes made at the time. If they
are not, then you will not be permitted to refer to them whilst giving
your evidence. The consequence of this is that a case might be lost
because of your inability to accurately recall the incident.
Non-Evidential Notes
Your pocket notebook/evidence and actions book may be used to
record information that is not of an evidential nature, but which may
assist you in carrying out your duties. Such information could
include:
• Information given to you at pre-patrol briefings (e.g. details of
stolen vehicles; wanted or missing persons; details of recent
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burglaries in the area etc.)
• Details of persons stopped and searched
• Details of PNC vehicle and persons checks you conduct
Contemporaneous Records of Interview
In the majority of cases when you arrest a suspect you will conduct
an audibly recorded interview.
It is compulsory for all interviews with persons who have been
cautioned in respect of offences triable on indictment (including
either way offences) to be recorded.
Recording is not required for offences triable summarily only and
contemporaneous notes are usually used when interviewing a
suspect for a summary offence (such as a road traffic offence
committed at the time of a road traffic collision) when you intend to
deal with the offence by way of summons, and it cannot be simply
resolved by reporting at the scene.
An important thing you need to remember is that this is a verbatim
and contemporaneous record of what both you and the person
being interviewed have said, which you are writing down on the
MG15 forms or in your pocket notebook/evidence and actions book.
You must also bear in mind that the purpose of an interview is for an
interviewee to give their explanation of the facts.
Many forces now conduct audibly recorded interviews for all matters
of a summary nature such as road traffic collisions. However, you
may have to use contemporaneous notes if, for example, the
recorder is defective or the facilities for conducting them are not
available where you are stationed or the person refuses to be audibly
interviewed.
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If a person, for some reason, is interviewed by contemporaneous
notes after arrest, the introduction to interview follows the same
format as for audibly recorded interviews after arrest that is by
offering the right to Legal advice etc.
Contemporaneous notes interviews (when the person has not been
arrested) can be conducted almost anywhere. If the interview is at
the persons home address the interviewee still has the same rights
as any other person being interviewed under caution, at all times
fairness must be adhered to.
There are rights that every person is entitled to whilst at a police
station or whilst being interviewed at another place, We will look at
each of these in turn.
Person’s rights other than at a police station
This is what the Codes of Practice say about a person’s rights, when
cautioned but not under arrest:
“Whenever a person not under arrest is initially cautioned, or
reminded they are under caution, that person must at the
same time be told they are not under arrest and free to leave
if they want to.” (Code C 10.2)
This means that persons who are not under arrest are under no
obligation to speak to police officers or answer questions if they do
not wish to do so (apart from civic or moral duty). Police officers in
turn have no authority to detain them for these purposes. However,
a police officer may subsequently decide to arrest them. If, under
these circumstances for example, you were asked to leave the
person’s home address because the person does not want you there
or does not wish to answer questions about the incident, then you
must leave. Failure to leave when asked (apart from any other
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powers you may have) would make you a trespasser and you would
not be in the lawful execution of your duty if you remained on their
premises.
Person’s rights at a police station
Persons attending a police station voluntarily:
“Anybody attending a police station voluntarily to assist with
an investigation may leave at will unless arrested. If it is
decided they shall not be allowed to leave they must be
informed at once that they are under arrest and brought
before the custody officer, who is responsible for making sure
they are notified of their rights in the same way as other
detainees. If they are not arrested but are cautioned as in
Section 10, the person who gives the caution must, at the
same time, inform them they are not under arrest, they are
not obliged to remain at the station but if they remain at the
station they may obtain free and independent legal advice if
they want. They shall be told the right to legal advice
includes the right to speak with a solicitor on the telephone
and be asked if they want to do so.” (Code C 3:21)
This means that before any questions are asked the interviewee can
consult privately with a solicitor. However, if the interviewee is not
at a police station, this entitlement would be at their own expense.
“If a person attending a police station voluntarily asks about
their entitlement to legal advice, they shall be given a copy of
the notice explaining the arrangements for obtaining legal
advice.” (Code C 3.22)
This means that if a person who is to be interviewed enquires about
legal advice they must be given a notice of entitlement to this right.
This is the same notice of entitlement that is given to detainees on
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arrival in custody.
In a contemporaneous notes interview you are writing out your
question then reading it out to your subject, who then dictates their
reply which you then record word for word ... not your version of it.
You can therefore see the importance of planning your interview.
This means that you need to be fully conversant with all facts, have
all the relevant documents and paperwork to hand and know your
points to prove.
Record Format
Your interview should begin with an introduction, an example of
which is the following:
“I am (Rank, No) ... stationed at ... (name of station).
I wish to ask you some questions about ... (brief details).
Firstly I must caution you that you do not have to say anything, but
it may harm your defence if you do not mention when questioned
something which you later rely on in court. Anything you do say may
be given in evidence. Do you understand?”
R: “...”
‘R’ is sufficient to show you are now going to record their verbatim
reply to your question, as you should all the replies that are given.
However you do it, it is good practice to print their responses in block
capitals so they are clear and obvious as being the subject’s.
Similarly, your questions should also be precluded with a suitable
indication that they came from you, such as ‘Q’ or ‘Question’, or your
collar number or surname.
You should then continue:
Q: “I should also point out that you are not under arrest and you
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are free to terminate this interview and leave the police station
at any time. You may, if you wish, consult with a solicitor free
of charge before continuing with this interview. Do you require
the services of a solicitor?”
R: “...”.
If this interview was being conducted at a place other than a police
station you would instead include:
Q: “I should also point out that you are not under arrest and you
are free to terminate this interview at any time. You may, if you
wish, consult with a solicitor at your own expense before
continuing with this interview. Do you require the services of a
solicitor?”
R: “….”
Should this person request a solicitor and the interview needs to be
postponed until a solicitor is available, then the interview must be
terminated and recorded as such.
Because an interview has been started, the record must be made
available for disclosure purposes.
You will then continue:
Q: “This interview will be recorded contemporaneously, and you will
be invited to sign each page in acknowledgement that it is a true
and accurate record of interview. Do you understand?”
R: “…..”
You can now continue to conduct your interview.
Remember that you must seek to prove or disprove the offence and
also any other offences which are disclosed during the interview.
Your questioning must be pertinent and professional both in content
and style. This document will be an exhibit for court, so it must be
completed accurately.
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After you have completed all your questions, and given your subject
an opportunity to say anything further, you must then report them
for any offences disclosed, just as you would do out on patrol.
This would take the form literally of:
“I must inform you that you are being reported for the offence of…”
You must then give the ‘now caution’ and record this as part of
the interview. Any reply should be noted. If no reply is made
you should record the fact.
Some supervisors may prefer you to word the reporting process
differently, so be guided by them and your tutor when on
division.
At the end of the interview, the final thing you should write is:
I have been asked to read this interview and I agree that this is a
true and accurate record of what was said. I have been given
the opportunity to correct, alter or add anything I wish.
If the suspect, having read through the record, is not satisfied with
what has been recorded and wishes to correct, alter or add anything,
then you must ensure that the record is amended accordingly. Once
they are satisfied with the record, you must ask them to sign it after
the last word.
A contemporaneous notes interview is the same as making or taking
a written statement. Any errors or mistakes should be clearly
crossed out with a single and neat line, and the error initialled by the
person being interviewed.
Do not scribble over any word so that it is illegible.
Do not leave blank lines between your sentences.
On occasions you may interview with another officer, this can be
carried out in a number of ways:
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• both officers may ask questions during the interview. In this
scenario the officers’ collar numbers or surnames should be
recorded in the ‘person speaking’ column to avoid any
confusion, or
• one officer may ask the questions and the second officer may
write down what has been said during the interview.
Finally, do not forget that this ‘exhibit’ must be referred to in your
own statement with the appropriate reference.
Crime Reporting
The HMIC Thematic Inspection Report, ‘On the Record’ [2000]
confirmed an inconsistent pattern of recording of crime and incidents
between forces. It also highlighted the different approach being
taken by forces to crime recording, with some forces 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
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.
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The Standards
The standard sets out three basic principles for the recording of
crimes for forces 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:
(a) the circumstances as reported amount to a crime defined
by law, and
(b) 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.
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 small-
scale 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.
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
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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.
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 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
related incident and enquiries should be carried out to locate the
victim.
Police Action
You should take the following general action in all cases of crime
reported to you:
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• obtain all possible information from witnesses and victims
• complete a crime report and submit before going off duty
• inform supervising officers and CID, dependent upon type or
seriousness of offence.
Collection of Information
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 and, of course, the criminal.
Recording of Information
You will normally record information of the modus operandi system:
• in your pocket notebook/evidence and actions book and
• on the crime report.
Modus Operandi System
You need to compare two aspects of a crime by using the modus
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
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be supplied. A police officer submits this information when a crime
report is submitted and when a criminal is arrested.
The ten points of the modus operandi system
The points to be borne in mind when collecting information for the
system are:
Style the style of deception used in criminal deception cases,
e.g. dressed as a church minister, documents claiming to
be an insurance collector
Time relative to an event (not to the clock), e.g. only on
market days, early closing days, on certain days of the
months
Objective the objective of the crime, e.g. gain, lust, revenge
Pal accomplice or friend
Class the class of person or property attacked
Reason reason for being in the area, the criminal’s self-account,
their history of accomplishment etc.
Instrument instrument used to commit the crime, e.g. crowbar, could
be unusual bodily force (sitting on victim)
Mode mode of transport used to commit the crimes
Entry the actual point where entry was made
Signature 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 as are
applicable should be included. It may then be possible to match an
offender to a crime because of a similar modus operandi.
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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.
The style of crime reports differs from force to force, but the
following details may be included:
• victim’s details: name and address, date and place of birth,
occupation, sex
• place of offence, time and date committed
• details of offence
• injury to victim and type of weapon used
• value of property stolen, recovered, damaged
• property stolen identifiable, non-identifiable, recovered
The importance
• 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)
• officers attending scene
• persons wanted or suspected
• circulations if appropriate
• date supplementary crime report due (this may be subject to local
procedure and does not always appear)
• 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.
Crime recording is the first function along the investigative
trail
A significant contributing factor to a successful investigation is the
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of the first
investigator’s
crime report
Emphasis on
obtaining
information,
evidence and
intelligence
The initial
investigation of
volume crime
incidents needs
to be approached
in the same
manner as
serious crime
incidents
Investigation and
detection
opportunities can
be lost
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, in the
manner outlined above. The ACPO (2009) Practice Advice on the
Management of Priority and Volume Crime (2nd Ed) 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 the importance of the initial investigation of
volume crime incidents. As with serious crime incidents, volume
crime incidents should also be investigated along 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
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Effect on public
confidence
Officers attending
all types of crime
scenes should do
more than simply
record details
offenders or hot spots, will be inadequate.
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.
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.
Descriptions of Suspects
It is very probable that whilst taking details of a report of a crime,
the person reporting will provide you with a description of the
suspected offender.
If the person providing the description is a witness or potential
witness to the offence, then the description must be recorded in
writing, exactly as it is given.
This is known as a ‘First Description’.
If a suspect is arrested for the offence, the first description of a
suspect provided by any witness must be disclosed to the defence as
part of initial disclosure.
(See Student Notes relating to Disclosure)
Case Papers (Manual of Guidance)
When a person has been arrested and charged or reported for
summons with an offence(s) all the relevant evidence and
information in respect of the case must be collated into a prosecution
file.
The forms that are used to collate this evidence and information are
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a set of nationally agreed forms that are contained in the Manual of
Guidance (MoG).
This document can be found by following the link:
https://polka.pnn.police.uk/GPDocuments/38/Guidance%20and%20
Doctrine/Guidance/The%20Prosecution%20Team%20Manual%20of%
20Guidance%202011/MoG%20Final%202011%20(July).pdf
It should be noted that this document (MoG) has been updated in
respect of the MG5 form; this is covered in an e learning programme
mentioned later in these notes.
When the file is complete it is submitted to the Crown Prosecution
Service (CPS) who are responsible for prosecuting the offence in
court.
There are two types of file:
1. Post Charge Expedited File or
2. Post Charge Evidential File
A Post Charge Expedited File is required in all cases where the
circumstances are straightforward and a guilty plea is anticipated. In
other words, a simple theft and the accused has admitted the
offence, in this case the MG5 form should be used as per the
Streamlined process covered later.
A Post Charge Evidential File is required in all cases where the
accused has indicated they intend to plead not guilty at court or the
offence is likely to be heard at Crown Court.
If there is any doubt about which type of file is required for a
particular case, you should seek advice from your supervisor, your
Criminal Justice Unit or where necessary from the CPS.
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Post Charge Expedited File
This type of file must be submitted for the first hearing in all cases
including those where a remand in custody or conditional bail is
sought.
Remand cases
If a remand in custody or on conditional bail is sought, the Post
Charge Expedited File must contain sufficient information for the CPS
to :
i. Review the police recommendation for a remand in
custody or on conditional bail (on form MG7); and
ii. Make representations in court as to the length of any
adjournment required.
There are some additional considerations where a remand is being
sought:
• The Expedited File should be available to the CPS lawyer at the
court or other locally agreed point at least 1 hour before the court
commences;
The officer in the case is not usually required to attend a remand
hearing unless requested by the CPS or special circumstances apply,
such as the seriousness or complexity of the case.
List of MG Forms
The following documents are available
MG1 - File front sheet
MG2 - Initial Witness Assessment
MG3 - Report to Crown Prosecutor for Charging Decision
MG3A - Further Report to Crown Prosecutor for Charging
Decision
MG4 - Charge sheet
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MG4A - Conditional Bail – Grant/Variation
MG4B - Request to Vary Conditional Bail
MG4C - Surety/Security
MG5 - Police Report
MG6 - Case file information
MG6A – Record of Pre-Interview Briefing
MG6B - Police Officer’s Disciplinary Record
MG6C - Police Schedule of Non-sensitive Unused Material
MG6D - Police Schedule of Sensitive Material
MG6E - Disclosure Officer’s Report
MG7 – Remand Application
MG8 – Breach of Bail Conditions
MG9 – Witness List
MG10 - Witness Non-Availability
MG11 - Witness statement
MG12 – Exhibit List
MG14 – Conditional Caution
MG15 – Record of Interview
MG16 – Evidence of Bad Character and/or Dangerous Offender
Information
MG18 – Other Offences (TIC)
MG19 – Compensation Claim
MG20 – Further Evidence/Information Report
MG(c) – Continuation Sheet
MG21 - Submission of work for scientific examination
MG21A – Submission of additional work for scientific examination
MGNFA - No Further Action letter template
MGDD (A) and (B) – Drink Drive forms
Copy of documentary exhibits/photos
Police racist incident form/crime report
Ideally these documents should be typed. Where this is not possible
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for the first hearing because of time constraints, they may be
handwritten, but they must be clearly legible. However, where a
defendant is committed to the Crown Court for sentence these
documents must be typed.
Expedited File – Information
• Must also be submitted for those cases that are initiated by
summons
• The content of an expedited file must be sufficient to allow the
CPS to review the case and satisfy themselves as to the
evidential sufficiency and public interest. This requires that
evidence be supplied of the elements of each offence charged.
This evidence will come from the statements of witnesses and
from admissions made by the accused when interviewed
• Expedited files should include ‘key’ witness statements,
including a statement from the victim where applicable. The
statements of key witnesses are required to prove the
elements of the offence(s) charged
Note: All witness statements, whether ‘key’ or not, should be placed
in the following order:
• Victim/main witness
• Non police witness
• Expert witness
• Other police officers in the chronological order they
witnessed events
• Officer in the case
• Where a police officer’s evidence is confined only to arrest,
interview and/or charging but provides no evidence of any
elements of the offence(s) charged a statement is not required
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• Where the officer can give evidence of an element of an
offence (e.g. as an eye witness or victim) the statement, which
is ‘key’ should include all involvement in the case i.e. arrest,
interview etc. Corroborative statements are not key
If a tape recorded interview has been conducted, a record of the
interview should be prepared on either an MG5 or MG15.
• This is an important part of the file. Poor quality records of
interview may lead to requests for adjournment by the defence
and further work for the police officer concerned
• Key statements and records of interview should be typed
wherever possible. Where this is not possible they must be
clearly legible. These documents must be typed where a
defendant has been committed to the Crown Court for
sentence
• A case summary (MG 5) will not normally be required on an
Expedited File
• There may be straightforward guilty plea cases where it is
considered necessary for the defendant to be detained and
appear in custody. In these cases the MG7must be included
on the file. This will enable the court to take appropriate
bail/custody decisions in the event that the case cannot be
finalised at the first hearing
• Commencing with the MG1 the relevant documents should be
presented in numerical order.
• Further upgrading will not be required if the case is disposed of
at the first court appearance. If a defendant decides to enter
a ‘not guilty’ plea at court, or elects to have the case heard at
Crown Court, a Full File (referred to later) will have to be
prepared.
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Post Charge Evidential File
A Post Charge Evidential File is required for an early administrative
hearing (EAH). An EAH is a preliminary court hearing for all cases
that are unlikely to be disposed of at a first hearing by way of a
guilty plea.
If an indictable only offence has been charged, and the case is
certain to proceed to the Crown Court for trial, it would be
appropriate to anticipate the requirement for a Full File (referred to
later) and begin its preparation as soon as possible.
A Post Charge Evidential File may be required in child abuse, racial
incidents and domestic violence cases.
The CPS can also request an Evidential File for any case to enable
them to review the case.
Post Charge Evidential File Content
The following documents must always be included in an Evidential
File.
MG1 - File front sheet
MG3 - Report to crown prosecutor for charging decision
MG4 - Copy of charge sheet or summons(es)
MG5 - Police report
MG6(s) - Confidential information forms
MG10 - Witness non-availability form
*MG11 - Copies and originals of all witness statements
*MG12 - Exhibits list
* MG5 or MG15
Phoenix print (suspect pre-cons, cautions, etc)
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Some cases may require the inclusion of additional forms. These
should be included in the file where applicable and if available.
MG2 - Initial witness statements
MG3A - Further report to crown prosecutor for charging
decision
MG4A - Police conditional bail form
MG4B - Request to vary bail conditions form
MG4C - Surety/Security forms
MG7 - Remand Application
MG11 - Other witness statements already taken
MG18 - Offences taken into consideration
MG19 - Compensation forms and supporting documents
Police racist incident form/ crime report
*Ideally these documents should be typed. Where this is not
possible for the first hearing because of time constraints, they may
be handwritten, but they must be clearly legible. However, where
a defendant is committed to the Crown Court for sentence these
documents must be typed.
Post Charge Evidential File Information
• Commencing with the MG1 the relevant documents should be
presented in numerical order
• In cases where the defendant has been interviewed on tape, a
copy of the tape(s) should be sent to the CPS with the file
unless a tape has already been supplied
• Original exhibits are not required unless requested by CPS.
Wherever possible, copies of exhibits should be included in the
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file.
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A new system of
preparing some
types of case files
prior to their
submission at a
magistrate’s
court
You should
complete the e-
learning package
entitled
Streamlined
Process
The Streamlined Process of Building Case
Files
After reading these student notes up to this point, you should
understand what is usually involved in the process of building a
prosecution case file. However, you now also need to be aware of
the Streamlined Process. The Streamlined Process forms part of the
Government’s programme to improve efficiency and effectiveness
and is a new system of preparing some types of case files prior to
their submission at a magistrate’s court. Its aim is to reduce
(streamline) the contents of some case files by taking into account
the circumstances of the case and the likely plea to be offered at
court.
Overall, the Streamlined Process aims to provide a more
proportionate prosecution file to process anticipated guilty plea cases
which are suitable for sentencing in the magistrates’ court and for
that file to be sufficient for the first hearing in likely contested
(anticipated not guilty plea) cases.
The Streamlined Process will have a significant impact on how you
produce some case files, for example by its provisions for
streamlining statements and therefore you should complete the e-
learning package entitled Streamlined Process, which is available by
accessing the Managed Learning Environment (MLE) on the National
Centre for Applied Learning Technology (NCALT) website at
www.ncalt.com and can be found under OCJR Office for Criminal
Justice Reform - National Prosecution Team - Streamlined Process
After completing the Streamlined Process e-learning package you will
understand what is required by the Streamlined Process and
understand the principles behind the process. You will also be able
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to confidently and competently prepare case files to a set standard in
line with the Streamlined Process prior to presentation at court.
Pre-Charge Reports
We have just covered post charge files and discussed how those files
are submitted to the CPS in order for the cases to be tried at court.
However, how are the charges decided upon?
The Director's Guidance on Charging 2011 - fourth edition, January
2011 (revised arrangements) states:
http://www.cps.gov.uk/publications/directors_guidance/dpp_guidanc
e_4.html
The police may charge any Summary Only offence (including criminal
damage where the value of the loss or damage is less than £5000)
irrespective of plea and any either way offence anticipated as a
guilty plea and suitable for sentence in a magistrates' court,
provided it is not:
• a case requiring the consent to prosecute of the DPP or Law
Officer;
• a case involving a death;
• connected with terrorist activity or official secrets;
• classified as Hate Crime or Domestic Violence under CPS
Policies;
• an offence of Violent Disorder or Affray;
• causing Grievous Bodily Harm or Wounding, or Actual Bodily
Harm;
• a Sexual Offences Act offence committed by or upon a person
under 18;
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• an offence under the Licensing Act 2003
In all other cases, advice from the CPS must be obtained. In some
force areas CPS have duty staff available in custody areas just for
this reason.
In order for the CPS or Custody Officer to make a charging decision
pre-charge reports will usually have to be submitted. There are two
types of pre-charge reports:
1. Pre-Charge Expedited Report or
2. Pre-Charge Evidential Report
So to recap
A Pre-Charge Expedited Report will be submitted for a charging
decision when a guilty plea in magistrates’ court is likely.
A Pre-Charge Evidential Report will be submitted for a charging
decision when a not guilty plea is anticipated and/or the case will be
heard in the Crown Court.
A guilty plea is more likely if the suspect has clearly admitted the
offence during interview or there is compelling evidence such as
CCTV evidence where the offender is clearly identified.
When submitting reports to CPS the content must be sufficient to
allow their staff to review the case against the evidential and public
interest tests in the Code for Crown prosecutors:
• There must be enough evidence to provide a realistic prospect
of conviction against the defendant and
• It must be in the public interest before the case can proceed
If there is any background information, which is considered useful for
the CPS to know, you can include it on the form MG6, especially in
domestic violence cases.
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Please refer to the MOG for the forms required to complete and
submit pre-charge reports.
Once a charging decision has been made, the Expedited or Evidential
reports that you have submitted form the basis of the case file for
the first hearing at court.
Upgrade to Full File
The term ‘Full File’ has previously been referred to in these notes.
Full files will be required in the following circumstances:
• The accused is charged with an indictable offence (triable only
at the Crown Court).
In other words you will complete a Full File from the outset.
• Where there is a change of plea from ‘guilty’ to ‘not guilty’ at a
first court appearance.
You will receive notification to upgrade your previously submitted file
to a Full File.
The additional forms required to complete a Full File are listed in the
MoG
File Submission Times
There are strict guidelines regarding the length of time allowed to
submit a case file to the CPS. Officers should commence the
preparation of case files as soon as a suspect is charged or an
information is laid (summons cases).
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Knowledge Check
1. Explain the acronym ‘ELBOWS’
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
2. Explain the procedure when a mistake is made in an entry in a
pocket notebook or evidence and actions book.
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
3. State the purpose of briefings.
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
4. Explain the SAFCOM model of briefing.
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
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5. Distinguish between evidential and non-evidential notes.
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
6. When and where can a contemporaneous notes interview be
conducted?
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
7. Outline a suspect's rights in relation to a contemporaneous
notes interview.
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
8. What action should you take when a crime is reported to you?
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
9. What information should be included in a crime report?
_____________________________________
_____________________________________
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_____________________________________
_____________________________________
_____________________________________
10.List the ten points of the Modus Operandi system.
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
11.What actions should you take in relation to descriptions of
suspects?
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
12.Which MG forms must be included in a Post Charge Expedited
File?
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
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Knowledge Check Answers
1. Explain the acronym ‘ELBOWS’
PNB/EAB Rules can be summarised by the mnemonic
‘ELBOWS’
NO E rasures
NO L eaves torn out
NO B lank spaces
NO O overwriting
NO W writing between lines And
S statements in direct speech
2. Explain the procedure when a mistake is made in an
entry in a pocket notebook or evidence and actions
book.
There are two ways of dealing with any error you may make.
How you correct it depends on when you realise your mistake.
If you realise immediately that you have written the wrong
word(s), you can cross-out the incorrect word(s) with a single
line and initial it, then enter the correct word(s) alongside. It
is important that the crossed-out word(s) can still be read.
If the error is not noticed at the time, cross-out the
incorrect word(s), initial and enter the letter ‘A’ above the
error, or if it is something left out, above the space where
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the addition is required. Additional errors should be labelled
‘B’ and ‘C’, etc. These ‘inserts’ can then be placed at the
end of your entry before it is signed, as shown below.
3. State the purpose of briefings.
These are held so that up-to-date information and intelligence
can be passed to officers in order that they are able to patrol
effectively and reduce crime and disorder.
4. Explain the SAFCOM model of briefing.
A structure that is employed when briefing staff concerning
the tactics and resources to be used in order to address a
particular policing problem is referred to as
SAFCOM:
S Situation – the situation or problem as we know it.
A Aim – what we intend to do about it.
F Factors – what have we to consider? Factors that may affect
the operation; what steps need to be taken to reduce risk;
necessary resources.
C Choices – All the various solutions available to us.
O Option (preferred) – the choice we prefer after assessment
and analysis of all options.
M Monitoring – how we will review the operation? How will
success be measured; mobile phones; all communications
through Op. Commander or Control Room.
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5. Distinguish between evidential and non-evidential
notes.
The term evidential notes refer to records of information that
may be used as evidence in any subsequent legal
proceedings, whether it is in the criminal courts or the civil
courts.
Non-evidential notes are notes that are not of an evidential
nature, but which may assist you in carrying out your duties.
Such information could include:
• Information given to you at pre-patrol briefings (e.g.
details of stolen vehicles; wanted or missing persons;
details of recent burglaries in the area etc.)
• Details of persons stopped and searched
• Details of PNC vehicle and persons checks you conduct
6. When and where can a contemporaneous notes
interview be conducted?
In the majority of cases when you arrest a suspect you will
conduct an audibly recorded interview.
It is compulsory for all interviews with persons who have been
cautioned in respect of offences triable on indictment
(including either way offences) to be recorded.
Recording is not required for offences triable summarily only
and contemporaneous notes are usually used when
interviewing a suspect for a summary offence (such as a road
traffic offence committed at the time of a road traffic collision)
when you intend to deal with the offence by way of summons,
and it cannot be simply resolved by reporting at the scene.
An important thing you need to remember is that this is a
verbatim and contemporaneous record of what both you and
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the person being interviewed have said, which you are writing
down on the MG15 forms or in your pocket notebook/evidence
and actions book.
7. Outline a suspect's rights in relation to a
contemporaneous notes interview.
“Whenever a person not under arrest is initially cautioned, or
reminded they are under caution, that person must at the
same time be told they are not under arrest and free to leave
if they want to.” (Code C 10.2)
“Anybody attending a police station voluntarily to assist with
an investigation may leave at will unless arrested. If it is
decided they shall not be allowed to leave they must be
informed at once that they are under arrest and brought
before the custody officer, who is responsible for making sure
they are notified of their rights in the same way as other
detainees. If they are not arrested but are cautioned as in
Section 10, the person who gives the caution must, at the
same time, inform them they are not under arrest, they are
not obliged to remain at the station but if they remain at the
station they may obtain free and independent legal advice if
they want. They shall be told the right to legal advice includes
the right to speak with a solicitor on the telephone and be
asked if they want to do so.” (Code C 3:21)
8. What action should you take when a crime is reported to
you?
You should take the following general action in all cases of
crime reported to you:
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• obtain all possible information from witnesses and victims
• complete a crime report and submit before going off duty
• inform supervising officers and CID, dependent upon
type or seriousness of offence.
9. What information should be included in a crime report?
The following details may be included:
• victim’s details: name and address, date and place of
birth, occupation, sex
• place of offence, time and date committed
• details of offence
• injury to victim and type of weapon used
• value of property stolen, recovered, damaged
• property stolen identifiable, non-identifiable, recovered
• 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)
• officers attending scene
• persons wanted or suspected
• circulations if appropriate
• date supplementary crime report due (this may be
subject to local procedure and does not always appear)
• 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.
10. List the ten points of the Modus Operandi system.
Style the style of deception used in criminal deception
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cases, e.g. dressed as a church minister,
documents claiming to be an insurance collector
Time relative to an event (not to the clock), e.g. only
on market days, early closing days, on certain
days of the months
Objective the objective of the crime, e.g. gain, lust,
revenge
Pal accomplice or friend
Class the class of person or property attacked
Reason reason for being in the area, the criminal’s self-
account, their history of accomplishment etc.
Instrument instrument used to commit the crime, e.g.
crowbar, could be unusual bodily force (sitting on
victim)
Mode mode of transport used to commit the crimes
Entry the actual point where entry was made
Signature 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.
11. What actions should you take in relation to descriptions
of suspects?
If the person providing the description is a witness or
potential witness to the offence, then the description must
be recorded in writing, exactly as it is given.
This is known as a ‘First Description’.
If a suspect is arrested for the offence, the first description of
a suspect provided by any witness must be disclosed to the
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defence as part of initial disclosure.
12. Which MG forms must be included in a Post Charge
Expedited File? (If not following the Streamlined Process of
preparing case files)
The following documents must always be included:
MG1 - File front sheet
MG4 - Copy of charge sheet(s) or summons(es)
MG5 - Summary (unless statements cover all
elements)
MG6 - Case file information
MG10 - Witness non-availability form
MG11 - Key witness statements
MG5 or MG15
Phoenix print (suspect pre-cons, cautions, etc)
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