The Crime Manual for Ship (Non Restricted)_2010

8/20/2019 The Crime Manual for Ship (Non Restricted)_2010

1/201

The Crime Manual for Ship’sSecurity Officers

Copyright of Hampshire Constabulary - 2009

The Crime Manual for Ship’s Security Officers


2/201

CRIME MANUAL FOR SHIPS SECURITY OFFICERS

1 Forward by ACC David Pryde, Hampshire Constabulary

The Challenge

The maritime industry has enjoyed considerable growth in recent years resulting insignificant increases in the number of passengers and cargo being transported onUK Territorial and International waters. This presents new vulnerabilities andchallenges in preventing the potential for crime against persons on board or indeedagainst the ship itself.

The Police and the UK Maritime Industry have well established links to ensure theseadditional risks are managed. It is inevitable however that in a small number ofoccasions, ships masters will be required to deal with serious criminal offences on

board.

For the first time a manual has been created by the Police to give immediate adviceto Ship Security Officers and crew on important aspects of crime investigation andcrime scene management. This document should be considered as 'best practice'and guide your initial actions when dealing with a major incident or serious crime.

Assistant Chief Constable David Pryde ACPOMaritime Planning and Operations

TOP

[‐ 2 ‐]


3/201


Introduction

The purpose of this work is to provide guidance to the maritime industry in generaland in particular to Ship’s Security Officers (SSO’s) in respect of the action theyshould take following a criminal incident on board a vessel at sea.

It covers both the initial steps to take and also gives detailed guidance on longerterm aspects of any such enquiry.

The training of Ship’s Security Officers often does not cover criminal investigations inany detail. This has on occasion led to confusion and either a lack of action, orinappropriate action being taken. The consequences of this may be very damagingto the individuals involved as well as to the company in respect of their reputation

and may also have serious financial implications.

This guide has been compiled by detective officers from the Major CrimeDepartment, Special Branch and Scientific Services Department of HampshireConstabulary. During the writing of the guide the following organisations have beenconsulted and have had input into the work:-

ACPO Maritime leads, Carnival UK, Ministry of Defence Police, Maritime andCoastguard Agency, The Red Ensign Group.

This is the first edition of “The Crime Manual for Ship Security Officers”

To print any page of this guide simply right-click on the text and then select theprinter.

For maximum utility this guide should be used on a computer connected to theinternet.

TOP

[‐ 3 ‐]


4/201


2 Basic Initial Steps

If the incident is serious then the Security Officer shouldinform and receive direction from Senior Management.

If the incident is a crime then:-

Identify the crime scene(s). There is often more than onescene.

If an outside agency is arriving to process investigation andthe crime scene, the SSO is to maintain integrity of the

crime scene by cordoning it off and preserving it. In somecases it will be necessary to guard the scene.

Identify victim

Identify, locate and detain the offender

Identify witnesses

Take notes

Forensically recover evidence from the scene

Complete Security report

Take relevant statements

The greatest opportunities for gathering evidence and solving a crime arein the first few hours after the incident.

More detailed guidance on all of the above is given later in this manual.

[‐ 4 ‐]


5/201


3 Security Incident Reports

A ‘Security Incident Log’ of all incidents reported to the Ship’s Security Staff and the

resultant actions taken should be kept by the Security Officer. A copy may be kept in

the Purser’s Office. Upon notification of a security related complaint, a Ship Security

member will be paged and advised of the complaint. The complaint is to be

investigated as soon as possible and the details recorded in the log. This log should

be maintained with accuracy and include all relevant detail. A proforma report log

should be available to ensure no details are overlooked.

Information in Report

The report should be as brief but as detailed as possible, omitting nothing of

importance, but avoiding information which is irrelevant and has no real bearing on

the incident or situation. The report should include: Who, What, Where, When, Why

and sometimes How.

1. Who - Who are the persons involved, are there any witnesses and who reportedit?The names, ages, nationalities, cabin numbers, home addresses and telephone

or e-mail details as well as any other information that could be helpful in positively

identifying and later contacting the persons concerned should be included. A brief

description of the persons involved and their clothing at the time of the incident

may greatly assist. These details should be taken for the complainant, the victim

and all witnesses.

2. What - What happened?Describe exactly what took place in detail and in the order in which the events

occurred. Accuracy is very important and only the facts should be stated.

(Conjecture and/or personal opinions should not be included).

3. When - When did the incident occur?The time, day, month and year is to be given – e.g. 2310 hours on Wednesday

October 24th 2008.

When - When was the incident reported?

The report should include details of when and by whom the incident was brought

to the attention of the crew and the details of the crew member receiving the

report.

4. Where - Where did the incident take place?The lounge / bar / cabin number, etc., should be included in the report. In a larger

area more detail may be included, e.g.; the Ocean Bar in the port forward area by

the gaming machines.

Continued… TOP

[‐ 5 ‐]


6/201


[‐ 6 ‐]

5. Why - Why did the incident happen?If the reason is known, full details should be given. Initially this may not be known

6. How - How did the events take place?What has happened has already been covered. It is sometimes helpful to say

how a certain event or events happened.

Presentation of Report

The written report may be used as evidence and may often be relied on by Senior

Management. There may be situations when the report will need to be submitted to

the Police, other authorities or made available for litigation in a court of law. Care

should therefore be taken in its compilation to ensure:

Accuracy

Completeness of information and detail

Legibility of handwriting

Neatness of presentation

Correction of errors

Correct use of punctuation

Correctness of spelling

Terminology

Avoid using abbreviations or words that are only understood by Security Staff.

Commonly used names and terms should be used so that anybody reading the

report can understand what it says.

Confidentiality

It should be noted that all reports made are the property of the Company and should

remain confidential; no information should be released without consent of the

Company.

Notes

Notes should be taken during the initial stages of an incident. These should be taken

in a proper notebook used only for that purpose. The notes will be of great

assistance later when compiling any reports. Sketch plans should also be made in

this book. Notes made at the time of the incident may later assist the Security Staff in

remembering important details that could otherwise be forgotten or overlooked.

Any notes made must be retained for later use in a court of law.

TOP


7/201


[‐ 7 ‐]

4 Powers of a Security Officer

Under UK legislation there are virtually no powers specifically provided for a Ship’sSecurity Officer.

To examine what powers an SSO can utilise we will look at the following areas:-

Question

Any person can ask questions to investigate an incident, police officers have nospecific powers and none are therefore needed by an SSO. If the person does notvoluntarily answer the questions it is their choice, they cannot be forced to answer.

Take Statement

Again this is a voluntary process and any person can take a written statement aboutan incident from a victim or witness.

Search

Under most jurisdictions a Ship’s Security Officer will have no power to conduct asearch of any person without their consent. However crew and passengers willusually have given their implied consent under the terms and conditions of theiremployment or passage.

Seize

It is obvious that any item found in a search as above can be retained by the finder

Caution – (UK Legislation)

Code C.10 of The Police & Criminal Evidence Act 1984 states when a caution must

be given:-

(This does apply to questioning of a suspect by an SSO)

10.1 A person whom there are grounds to suspect of an offence, must be cautionedbefore any questions about an offence, or further questions if the answers providethe grounds for suspicion, are put to them if either the suspect’s answers or silence,(i.e. failure or refusal to answer or answer satisfactorily) may be given in evidence to

a court in a prosecution.

A person need not be cautioned if questions are for other necessary purposes, e.g.:

(a) solely to establish their identity or ownership of any vehicle;(b) to obtain information in accordance with any relevant statutoryrequirement;(c) in furtherance of the proper and effective conduct of a search;(d) to seek verification of a written record of anything previously said by theperson.(e) when examining a person in accordance with the Terrorism Act 2000.

Continued…

TOP


8/201


[‐ 8 ‐]

10.2 Whenever a person not under arrest is initially cautioned, or reminded they areunder caution, that person must at the same time be told they are not under arrestand are free to leave if they want to.

10.3 A person who is arrested, or further arrested, must be informed at the time, oras soon as practicable thereafter, that they are under arrest and the grounds for theirarrest.

10.4 A person who is arrested, or further arrested, must also be cautioned unless:(a) it is impracticable to do so by reason of their condition or behaviour at thetime;(b) they have already been cautioned immediately prior to arrest.

Terms of the caution

10.5 The caution which must be given on:

(a) arrest;(b) all other occasions before a person is charged or informed they may beprosecuted, should be in the following terms:

“You do not have to say anything. But it may harm your defence if you do notmention when questioned something which you later rely on in Court. Anything youdo say may be given in evidence.”

10.7 Minor deviations from the words of any caution given in accordance with thisCode do not constitute a breach of this Code, provided the sense of the relevantcaution is preserved.

STOP

There are no specific powers to stop a person and question them. This is obviouslysomething an SSO does regularly and so he will need to use tact and diplomacy toget the person to comply.

With regards to Restricted Areas on a ship there are relevant powers within:-The Ship and Port Facili ty (Securi ty) Regulations 2004:

Part 4 refers to “Unauthorised presence in a restricted area of a ship”

and 10 (4) states;- “ A constable, or the master or the ship security officer, or aperson acting on behalf of the master or the ship security officer, may use such forceas is reasonable in the circumstances to remove from a restricted area a personremaining in it in contravention of paragraph (1)(b).”

Continued…

TOP

http://www.opsi.gov.uk/si/si2004/20041495.htmhttp://www.opsi.gov.uk/si/si2004/20041495.htm#10http://www.opsi.gov.uk/si/si2004/20041495.htm#10http://www.opsi.gov.uk/si/si2004/20041495.htm


9/201


[‐ 9 ‐]

Detain

There are 2 options open to an SSO. There is no recommendation on which power

to use.

1. Merchant

Shipping

Act

1995 - S. 105 Master’s Power of Arrest.

The master of any United Kingdom ship may cause any person on board the ship to

be put under restraint if and for so long as it appears to him necessary or expedient

in the interest of safety or for the preservation of good order or discipline on board

the ship.

2. Police & Criminal Evidence Act 1984 - Power to Make a Citizen’s Arrest

Section 24A of the Police and Criminal Evidence Act 1984 provides the power of

arrest for persons other than constables and designated persons (e.g. members of

the public).

24A(1) A person other than a constable may arrest without a warrant -

(a) anyone who is in the act of committing an indictable offence;(b) anyone whom he has reasonable grounds for suspecting to be committingan indictable offence.

24A(2) Where an indictable offence has been committed, a person other than aconstable may arrest without a warrant -

(a) anyone who is guilty of the offence(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.

24A(3) But the power of summary arrest conferred by subsection (1) or (2) isexercisable only if -

(a) the person making the arrest has reasonable grounds for believing that forany of the reasons mentioned in subsection (4) it is necessary to arrest theperson in question; and

(b) it appears to the person making the arrest that it is not reasonably

practicable for a constable to make it instead.

24A(4) The reasons are to prevent the person in question -

(a) causing physical injury to himself or any other person;(b) suffering physical injury;(c) causing loss of or damage to property; or(d) making off before a constable can assume responsibility for him.

TOP

http://www.opsi.gov.uk/ACTS/acts1995/ukpga_19950021_en_8#pt4-pb5-l1g105http://www.opsi.gov.uk/ACTS/acts1995/ukpga_19950021_en_8#pt4-pb5-l1g105http://www.opsi.gov.uk/ACTS/acts1995/ukpga_19950021_en_8#pt4-pb5-l1g105


10/201


[‐ 10 ‐]

5 Initial Investigation

The initial actions taken immediately following the report of a crime are crucial, andthis is known as ‘The Golden Hour Principle’

All of the above should be considered at the initial stages of the investigation.

On a more practical level the following is a good guide:-

Separate parties as soon as possible and prior to questioning ifpossible. If a criminal suspect is identified, detain and separate from allparties and remove from scene

Establish initial facts of what has happened by questioning all potentialwitnesses and parties regarding their observations and actions

Ensure potential suspects and victims are kept separate to preventcross contamination of evidence

Record initial information and date/time in notebook Continued…

The Golden Hour Principle

Police often use the term the Golden Hour to describe the principle that effectiveearly action can result in securing significant material that would otherwise be lost tothe investigation. Where the police are informed of an incident shortly after it hasoccurred, offenders may still be in the area. Locating them can provide forensicopportunities that could otherwise be lost, the testimony of witnesses can also beobtained while the offence is still fresh in their mind, CCTV images and other datacan be collected before it is deleted and action can be taken to secure scenes beforethey become contaminated. Even where the incident happened some time before

Security are alerted, effective early action can often lead to the recovery of materialwhich enables the investigation to make rapid progress. The importance ofimmediately following up on obvious lines of enquiry cannot be overemphasised.

Fast-Track Menu

Crime Scene Assessment Preservation of Crime scene(s) Offender Enquiries Victim/Witness Enquiries Photograph scene(s)

Forensic Recovery Victim/Witness Interviews Reporting Statements

TOP


11/201


Determine the severity and nature of the incident

If it appears a crime has occurred, identify and protect the crime scene

Inform Senior Management

Establish potential access and departure points to the crime scene andeither search or preserve for later searching

Identify and locate any additional parties involved

Fast Track Interviews

There may be occasions when it is necessary to conduct a fast track interview with awitness who possesses material which is likely to rapidly progress the investigationand can result in:

The early identification or arrest of a suspect;

The recovery of material connected with the offence;

Preventing the imminent disposal or destruction of material connectedwith the investigation;

Preventing the commission of other offences.

In these circumstances the investigator has to consider the immediate needs of thewitness who may require medical attention or the presence of a suitable adult.

Common sense has to be applied and the interview should be limited to obtaining

sufficient information to immediately progress the enquiry. The circumstancessurrounding the fast track interview should be recorded and permission obtainedfrom medical staff if the witness is receiving non-urgent attention.

All investigators should be aware of the anxiety and misapprehension that witnessesmay feel when they are exposed to the process of criminal investigation. For many,this will be the only time in their lives that they have been a victim or witness andthey may not understand how the process works. They will require reassurance andinformation throughout the process.Investigators, whether tasked with a volume crime or major investigation, mustalways recognise the individual needs and concerns of witnesses.

TOP[‐ 11 ‐]


12/201


[‐ 12 ‐]

6 Notebooks

Why do we make notes? - There can be only one answer, so we don't forget whathappened!!

General

Guidance

for

Security

Staff

As a Security team member you will be required to make notes to assist you withyour duties. You should pay particular attention to accuracy and detail. Notes madeat the time are what’s commonly described as contemporaneous notes and will be ofgreat benefit to you if you are later called upon to account for your actions or toprovide some type of formal statement. Although this process is often inconvenientand time consuming, it can be of significant importance at a later time.

Relevant evidence is evidence that could rationally affect (directly or indirectly) a factin issue and evidence that is not considered relevant is inadmissible. Ultimately,whether evidence is accepted as relevant depends on the court, and this should be

taken into consideration when making entries relating to an incident, illegaloccurrence or serious crimes. Conversation that may appear irrelevant at the time ofthe investigation may be raised, often years later. It is in every officer's best interestto, at the very least; make reference to such conversations in their note books or byutilising a digital recorder.

General use of Notebooks

Notebooks may be carried whilst on duty and are to be used for recording ofinformation pertaining to Serious Crime, Illegal Occurrences or Incidents you mayattend during the course of your duties. Notebooks will be maintained by the SSOand issued as necessary.

Official Notebooks

These will normally be issued by the SSO to Security staff. This person will writehis/her name, title and date issued on the inside cover. The Security Officer willretain this note book until it has been completed or the Security staff membertransfers, takes annual leave or contract terminated.

Upon completion, the note book will be returned to the SSO who will endorse his/herrecords indicating the notebook has been completed and returned for filing. Thenotebook should then be securely filed onboard for future reference. Under no

circumstances should these notebooks be retained by individual Security membersafter completion. It is good practice for the SSO to ensure compliance byoccasionally checking Security Staff Official Notebooks. At this time the SSO willinitial, time / date when the checks have been performed.

The writing should be neat and legible and done using a pen. For each entry the timeand date should be shown. Do not write over an entry or tear out a page. Simplyplace a line through the entry, initial it and start again. Never use correction fluid or asimilar product. Maintain your notebook in a secure place and unless under thedirection or instruction of a senior officer never handover your note book to anotherperson. Continued…

TOP


13/201


[‐ 13 ‐]

When making notes be mindful to ensure at some stage of your entry (depending onthe circumstances involved) you clearly indicate the name of the person you aredealing with, their date of birth, cabin number, home address, home or mobiletelephone number, e-mail address, type of clothing worn, and any relevantinformation YOU consider important.

This may be injuries you have observed, their state of intoxication, aggressiveattitude, making of threats to others, making threats of self harm, e.g. threatening to

jump over the side, etc.

Be mindful that these notes could later be used in Court proceedings (Criminal/ Civil)your notes could be called for by Prosecution or Defence legal teams. Your notesmay be utilised by the Captain or Staff Captain when deciding disciplinary matters.

If they have made any admissions of guilt to you, you should read back your writtennote of the version to the person making it. Then you should ask this person if they

are prepared to sign your notebook as a true record of what they have said. Do notbe concerned if they reject your offer, but do include in your notes the offer wasmade for them to read and sign and the fact this offer was refused. If this is done inthe presence of another Security person, have this person sign your notes.

When recording events or personal details of individuals, ensure that entries are notfrivolous. Always try to verify the accuracy of information received.

Notebook entries therefore should be made in respect to:

Significant events

Any Serious Crime, Illegal Occurrence or Incident where your intervention is required

The detention of any person including all conversation that was not recorded electronically.Include the demeanour, clothing and sobriety of the person; particulars of any offence whereaction will be taken

Crime scenes, including a log kept of all persons allowed entry into a crime scene.

Recording of exhibits

Sudden Deaths

Details of missing persons and other matters of special interest

Domestic situations where no offence has been committed

Information which has come to your attention during the course of your duties, where such anevent or information cannot immediately be acted upon

Any matter that may be of a contentious nature

Any matter where you feel you may need to substantiate your actions

The searching of any person, the reasons for the search and property found upon them;

Any matter that may involve you or the company in legal proceedings

TOP


14/201


[‐ 14 ‐]

7 Electronic Recording Devices

It is in every officer's best interest to record important and evidential conversations intheir note books or by utilising a digital recorder.

General

use

of

Electronic

Recording

Devices

Electronic Recording Devices may be carried whilst on duty and are to be used forrecording of information pertaining to Serious Crime, Illegal Occurrences or Incidentsyou may attend during the course of your duties.

This equipment is expensive and every effort should be made to ensure its correctuse.

The Security Staff member must be fully trained to use the equipment and will takefull responsibility for its safe keeping.

Any product recorded that may be evidential should be retained and stored in a

secure format so that it can be played back later if required. There are a number ofways that this can be done: - if on tape then the tape cassette can be removed andsealed in an evidence bag, if digitally recorded it can be retained on the device, itcan be downloaded onto a computer or it can be downloaded and burnt onto a disc.The advantage of the later is that the disc can be sealed in an evidence bag andretained securely. A working copy disc should be made at the same time; this shouldbe used for the preparation of any notes, reports or transcripts and does not need tobe sealed evidentially. It should however be securely stored to prevent it beingplayed by any unauthorised person. Once you are satisfied that a true copy hasbeen burnt onto the disc there is no need to retain the original download. A shortstatement can be made by the person doing the download, stating what they havedone and producing the disc as an exhibit.

Recording Passengers or Crew

It must be clearly understood that the taping of a conversation between security staffand others can only be undertaken with the express consent of all parties.

At the first point of contact, turn on the digital recorder. Include sufficient detailappropriate to identify the situation, whether it is serious crime, illegal occurrence orincident, time, date and name. Approach the person you are going to engage inconversation and explain that the conversation is about to be recorded, e.g.

“Good morning / afternoon / evening, my name is ____________ I am attached tothe Security team employed on-board this ship. Before I explain to you the reason Iam speaking to you, I want you to fully understand that I am recording ourconversation, do you have any objections?”

If the other party objects for any reason the digital recorder must be immediatelyturned off and continue with your normal conversation. If you deem it appropriate,make notes in your notebook regarding this conversation as per the above direction.

If the person has no objection to this conversation being recorded, continue as youwould normally speak. Don’t be frightened to ask questions or to be inquisitive.

TOP


15/201


8 Witness Statements

To get a printable Witness Statement click here.

( For Statements in Australian jurisdiction – click on the links here for

New South Wales and Queensland )

One method commonly used to structure statements is The 5 Stage Statement Plan – click here for details

Statements should be written in plain English. They should be accurate, truthful,legible and written in ink. It is usually best practice to detail the events that occurredin chronological order.

At the start of any statement the witness should say who they are and their positione.g. crew member, passenger etc. They can say that they live in Bristol, England but

should not give their full address details in the body of the statement. They can thensay ‘This statement is about a fight I saw on Friday night in the Pacific Lounge. I willbe mentioning two people in particular; a friend of mine called Sarah GREEN andanother passenger who I know as Bill SMITH.’

Avoid nautical jargon wherever possible. Remember that the statement you aretaking could end up in front of the civil authorities; e.g. Police, Crown ProsecutionService, Magistrate, Crown Court, Inquest Jury, Industrial Tribunal, etc. If there is aneed to refer to nautical terminology, then clarify it in layman's terms in bracketsimmediately after the use of the word; e.g., ‘I saw him fall back and hit his head onthe deadlight’ (heavy metal casing covering the Porthole), or ‘He slipped and fell out

of the open port Gunport door on Deck 3 forward’ (door opening on the left side ofthe ship where stores are loaded on Deck 3 at the front of the ship).

As far as possible avoid abbreviations; e.g. SECO and SEPM. Always use the fulltitle. If it is clear from the outset that a particular person is to be referred to over andover again, it is acceptable for the full title to be used once, followed by theabbreviation in brackets; e.g. ‘I saw Deputy Assistant Purser Accommodation (DP

Accom) David BROWN leave the Crew Bar at 0300 on Friday 1st January 1999.’Future references could then be made to ‘DAP Accom David BROWN’. It is ofcourse much more straight forward once David Brown has been fully identified byrank position and name, to simply refer to him by name only. It is good practice touse BLOCK capitals for surnames / family names.

Where common surnames of crew members are involved there is a need to be veryspecific on identification. In these circumstances the Employee Number should beincluded; i.e., Night Utility Steward Antonio Fernandes Employee No. 12345. Futurereferences could then be made to ‘12345 A. Fernandes’ thus avoiding any confusionwith other persons of that surname / family name.

Continued…

TOP

[‐ 15 ‐]


16/201


[‐ 16 ‐]

All pages must be signed at the bottom and where the writer has made cross outs ormistakes the person should initial each mistake in the margin at the side of the page.The declaration on the front page should be read by the witness before thecommencement of the statement. Each page should be witnessed, normally by theperson recording it, however, in the case of a juvenile (16 years * or under), by aparent, guardian or in their absence another independent and responsible adult, e.g.a passenger or crew member (preferably an officer) who is not in anywaywhatsoever connected or associated with the investigation.* In criminal law, a person becomes an adult at the age of 17 years in the UK, 18 years in Australia &US (except in US re alcohol laws the age is 21 years)

If the person making the statement cannot read, it must be read to him before hesigns it. The person reading the statement should then write a declaration at the footof the statement, saying that he read the statement to the witness and sign it. Thestatement should then be signed by the person making it. If the witness does notspeak or understand English very well, engage the assistance of a crew memberwho can explain the process, act as an intermediary, read the subsequent statementto the witness and endorse as above.

If the witness cannot speak English at all then an interpreter should be used. Thebest way for this to be done is that the Security Officer asks the questions andobtains the account which the Interpreter writes down in the foreign language. Thewitness then reads and signs the foreign language copy. The interpreter then writesa statement in English stating that on date and time they acted as an interpreter andwrote a statement in whatever language for the witness. They then write an Englishtranslation of the statement which they produce as an exhibit in their statement.

When taking statements it is important to record as much detail as the witness canremember plus known facts, i.e. day, date, time, location / venue. The time of theincident may be crucial and if the witness is specific on time, establish by whatmeasure they can be certain e.g. they had looked at their watch, had just come outof the Theatre, etc. If the witness cannot be specific on time, try to take them back intime as to what they were doing before the occurrence, e.g. they may have justcome out of second sitting dinner. If an incident, or the circumstances leading up to ithad occurred in one of the bars, ask the witness if they had bought any drinks priorto the event. If so, a more accurate timing of the incident may be achieved and thiscan be verified by using the time printed on the bar receipt. Such a receipt wouldneed to be referred to by the witness in his statement and the receipt produced as an

exhibit. The exhibit would have the identification reference of the witness, not thestatement taker or investigator. For example, if the witness is John JONES and theincident occurred in the Pacific Lounge his statement could include:

“I left the restaurant after second sitting and went for a drink in the PacificLounge arriving at about 2215. I sat at the bar and ordered a gin and tonicand signed for the drink having produced my Cruise Card to the barman. I hadonly been in the bar for about ten minutes when I saw __________ I can befairly accurate on the timing because the time printed on my drink receipt is2223. I produce this receipt under Identification Reference JJ / 1”

Continued…

TOP


17/201


Take possession of the receipt and attach an exhibit label ensuring to put the‘Identification Reference’ or ‘Exhibit number’ thereon and get the person producing tosign the label.

The key to effective statement taking is to elicit as much detail as possible, i.e. whenobtaining the description of a suspect include age, height, build, skin / hair colour,spectacles, facial hair, type and colour of clothing, etc.

There is a requirement in UK law to record and retain the details of the firstdescription given by a witness. If this has been written down by them or any otherperson (e.g., when reported to the Pursers Desk), then this document becomes anexhibit of that witness.

In cases of assault it is of particular importance to note whether a person was seencarrying a weapon, was cut or bruised or the clothing torn or stained in any way.

Efforts should be made to obtain statements that corroborate what another witnesshas stated. This will strengthen the investigation by building up a more completepicture of events. There is value, particularly in connection with events involving anumber of people, to get the witness to describe himself and the clothing he waswearing. Photographs of the witnesses in the clothing they were wearing at the timecan be very useful. Remember that it can be important to ascertain details of whatevents led up to the main incident and what happened afterwards.

Interviewing Witnesses

Be inquisitive, but courteous, polite but firm. Do not ask closed questions, i.e. those

that will prompt a yes or no, but ask open questions that require an explanation. Oneway to practise this is to remember the ‘5 W H’ method:

WHO, WHERE, WHEN, WHY, WHAT, and HOW.

Another helpful method is TEDT = Tell meE = Explain to meD = Describe

Ask one question at a time to ensure that each point is clear and understood. A

rambling question is likely to produce a rambling and muddled answer. Avoid anyleading or suggestive questions or the witness may tell you what he thinks you wantto hear. The following give examples of the wrong and right way to ask a witnessquestions:

Wrong ‘I understand that Sarah GREEN was with you’Right ‘Who else was with you?’

Wrong ‘Is it right that you were standing at the bar when the assault took place’Right ‘Where exactly were you at the time the assault took place?’

Continued…

TOP[‐ 17 ‐]


18/201


Wrong ‘Is it right you last spoke to Bill SMITH at lunch time yesterday’ Right ‘When was the last time you spoke to Bill SMITH prior to the assault?’

Wrong ‘I understand that there has been some ill feeling between you and BillSMITH’

Right ‘Why did Bill SMITH assault you, can you give any reason?’

Wrong ‘Was Bill SMITH wearing a green sweater’ Right ‘Describe what clothing Bill SMITH was wearing when he assaulted you?’

Wrong ‘At the time of the assault you must have been very frightened’ Right ‘Can you explain how you felt after the assault?’

Having established, rather than suggested, the facts, the statement can be written in

straight forward terms and giving a much more detailed account than would havebeen obtained by asking the leading questions as marked ‘wrong’ above.

Example Statement

‘On Monday 8th October 2008 at about 8 pm I was with Sarah GREENstanding at the bar in the Ocean Lounge when a man I know to be Bill SMITHcame up to us. Bill and I had had an argument earlier that day, just afterlunch, because he believed Sarah was going out with him that night. When Itold him that I had a date with Sarah, he got really angry, threatened to get meand stormed off. When he came into the bar at about 8 pm that night he

walked up to me and said “You bastard” He then head butted me in the facewithout any warning.I was completely shocked and stunned by this unprovoked attack which hasleft me with a broken nose, a cut under my right eye and severe bruising tothe right side of my face. In fact two days later I still feel rather shaky andextremely apprehensive about meeting Bill SMITH again. At the time of theassault Bill SMITH was wearing a dark green sweater and I believe blue

jeans.’

Time taken over a statement will assist the investigation and show the witness thatthe matter is being taken seriously. Thoroughness and attention to detail will assist

the investigator to build up a clear picture of the incident and the person believed tobe responsible, or most importantly help eliminate anyone wrongly accused.

If a statement is being taken from a person with professional qualifications, e.g.Ship's Doctor, Chief Engineer etc then detail the qualifications and experience of theindividual at the beginning of the statement.

Remember, given the do’s and don’ts above, it is better to include as much detail aspossible. Material not considered relevant can be edited out later by the CrownProsecution Service.

TOP[‐ 18 ‐]


19/201


[‐ 19 ‐]

Identification

When dealing with identification issues the guidelines set out in the case ofR v Turnbull should be followed and these details should be included in thestatement.

Hearsay Evidence:

Hearsay evidence is evidence of what a witness has heard another person say. It isgenerally inadmissible, but there are exceptions that include:(a) statements (comments) made by the accused(b) statements (comments) made by another in the presence and hearing of the

accused.

An example of hearsay evidence would be, given the incident detailed in thestatement above, any conversation between the victim of the assault and SarahGREEN that took place outside the presence and hearing of Bill SMITH. If Bill

SMITH had been present and in earshot and Sarah GREEN had said to the barman‘Call Security, this man has threatened my boyfriend earlier today’ - then this wouldbe admissible.

If in doubt, put it in the statement, it can always be edited out afterwards. Hearsayevidence although (subject to the above) inadmissible, can assist the decision makerto gain an insight into the full circumstances of the incident.

Statements from Medical Practitioners

In the case of Doctors you need to establish their credentials. For Court purposestheir occupation is 'Legally Qualified Medical Practitioner' and you need to establishtheir qualification. It is suggested the statement be worded in similar terms asdescribed below.

“I am the Ship’s Doctor on board the Cruise Ship ‘Whatever’.My professional qualifications are Doctor of Medicine (MD) from the RussianState Medical University, Moscow which I obtained in 2000 and (Aip) inGeneral and Orthopaedic and Trauma Surgery from Ruhr University HospitalBergmannsheil Bochum and also from the Evangelistic Hospital Dienslaken(Heinreich-Heine University) of Dusseldorf Germany.My professional experience includes 3 years in Orthopaedic and Trauma

Surgery at the Ruhr University Hospital, Bergmannsheil, Bochum in Germanyand one year in General and vascular surgery at the Evangelistic Hospital,Dienslaken, (Heinreich-Heine University), Dusseldorf, Germany.I also have experience as a Forensic Medical Examiner with theNottinghamshire and the Devon and Cornwall Constabularies in the UK,where my responsibilities included the examination of detainees as well asvictims of sexual and general assault.On the morning of Friday the 26th October 2007, I examined .................”

The use of medical terminology should be avoided as much as possible, but if theyare included then an explanation should be included such as ‘the patient suffered an

acute myocardial infarction (heart attack).’

TOP


20/201


Examples of Witness statements

To get a printable Witness Statement click here.

The following are examples of well taken witness statements. They can be used as aguide when taking statements from other persons.

Example 1

The statement of a bar steward about a drunken passenger causing criminal damage

Example 2

The statement of the mother of a young girl who has been indecently assaulted

Example 3The statement of the young girl who has been indecently assaulted

Example 4

The statement of the manager of a shop on board regarding an incident of

shoplifting

___________________________________________________________

TOP[‐ 20 ‐]


21/201


[‐ 21 ‐]

EXAMPLE 1

WITNESS STATEMENT Statement of Stuart Duncan McKENZIE (Mr.Mrs.Miss/Ms/Other title) (forenames)

(family/surname)

Age 28 Date of Birth 4/7/80 Occupation Senior Bar Steward

Passenger/Crew / Other (circle designation)

(If Crew) Employee No - 56324

Ship Oriana Cabin No A 48

This statement (consisting of....2.....pages each signed by me) is true to the best ofmy knowledge and belief and I make it knowing that, if it is tendered in evidence, Ishall be liable to prosecution if I have wilfully stated in it anything which I know tobe false or do not believe to be true.

Dated the.............day of.........2008.

Signed.................................... ___________________________________________________________

My name is Stuart Duncan McKENZIE and I am a senior bar steward in the HorizonLounge on board the P & 0 Cruise Ship Arcadia. I have been employed on barduties by P & O for almost 4 years and prior to that I was the manager of a PublicHouse for just over two years. I therefore believe I am well qualified to recognise aperson who is the worse for wear for drink and handle most situations which aredrink related.

On Sunday 31st July 2008, I was on duty in the Horizon Lounge from 20.00 hours.On this particular day, Arcadia visited Tenerife in the Canary Islands and did not setsail until midnight.

The Horizon Lounge was very busy on this evening and a number of people weredancing to the music of the band.

Approximately 10 - 15 minutes after disembarkation from Tenerife, a group of 4males in their mid to late 20’s entered the Horizon Lounge and approached the bar.I had seen these men in the Horizon Lounge on other evenings during the course ofthis cruise. However, on this particular evening they were particularly loud andusing a lot of foul language. Despite the lateness of the hour there were still anumber of children, particularly teenagers in the lounge at this time.The tallest of the group, a man with very light blond hair approached the bar and in

a very loud voice shouted `oi you give us 4 large whiskeys’. Continued…

TOP


22/201


I went over to him and asked if he and his friends could keep their voices down.With that, this particular male said `don’t give me that bollocks; just give us afucking drink’. I said to him `I’m sorry but if you continue in that way I will have toask you to leave’. With that one of his friends also became abusive and started

swearing. At this point the tall male with the blond hair picked up an ashtray andthrew it against the mirror at the back of the bar causing it to shatter. With that heand the other three walked out of the bar on the port side and continued to shoutabuse and use foul and obscene language. I rang the Night Manager and reportedthe incident.

I do not personally know the identity of this group and the tall blond man inparticular. However, they have as a group regularly attended the Horizon Lounge soone of the waiters or waitresses may well recall a name.

The damage to the mirror behind the bar is considerable and will need a completereplacement. I am not personally able to put a value on its replacement.

I can only clearly describe the main antagonist in this group and this is the personwho threw the ashtray at the mirror. I would describe him as being aged about 28 -30 years approximately 6ft - 6ft 2ins tall with wavy blond hair which may have beenbleached. He had a very tanned complexion and was clean shaven. At the time ofthe incident he was wearing a bright flowery patterned shirt which waspredominantly orange in colour. I am unable to describe the remainder of hisclothing or that of any of the other men.

The damaged mirror is the property of P & 0 Cruises (U.K.) Limited and no personhas any authority to damage this property. I am certain that the damage wascaused deliberately and in no way could be considered to be an accident.

Signature................................. Signature witnessed by.......................Security Officer

TOP[‐ 22 ‐]


23/201


EXAMPLE 2WITNESS STATEMENT

Statement of. MRS. Alison Louise JONES

Mr.Mrs.Miss/Ms/Other title) (forenames)(family/surname)

Age 39 Date of Birth 14/05/60 Occupation Secretary


(If Crew) Employee No N /A

Ship MV Oriana Cabin No F 181


Dated the.....26th........day of...October.....2008.

Signed...A L JONES...

___________________________________________________________

My name is Alison Louise JONES and I live at the address overleaf with my husbandDavid and Karen Anne JONES, our natural daughter by birth.

Karen was born on 10th August l996 at Bournemouth, Dorset and I produce herBritish Passport number A1234567 issued at the United Kingdom Passport Agency on25th July l998. This passport shows Karen’s date of birth to be 10th August l996. Inow produce her passport as my exhibit, identification reference ALJ/1). Karen’sbirth certificate is at our home and I can produce this later if considered necessary.

My husband David, Karen and myself are currently on a cruise on board the P & Oship Oriana (cruise number 992) We left Southampton on Thursday 21st October2008 and are due to return to Southampton on board the ship on Friday 5thNovember.

On Tuesday 26th October, at about 1600 hours, David, Karen and I went to theCrystal Pool on the Lido Deck. Karen was going to join her friend Sarah after shehad had a swim. They were then going to have a pizza with Sarah’s parents at the Al Fresco Pizzeria.

Continued…TOP

[‐ 23 ‐]


24/201


Karen went for her swim in the Crystal Pool whilst David and I sunbathed. Abouthalf an hour to 40 minutes later, Karen said she was going back to the cabin tochange ready to meet Sarah. At this time Karen was wearing her two piece bikini

swimming costume which was pink in colour. She tied a white bath towel aroundher waist and told us she was going off to change.

Given that she is a mature and sensible child, I was quite happy for her to return tothe cabin on her own as she was quite familiar with the layout of the ship. We hadalso cruised on board Oriana at the same time last year.

About 10 - 15 minutes after Karen left she came running back to us and she wasshaking and crying hysterically. It took some moments for David and I to calm herdown and she then blurted out that she had been touched by a man in the lift. Iimmediately took Karen back to our cabin and David went to reception to report theincident.

Karen is a very sensible and responsible child and I am convinced that she is tellingthe truth. She was very obviously distraught when she came up to us at the CrystalPool. Karen is quite well developed for her age and could pass for a l4 year old, butshe is still obviously a child.

Karen has described the man who touched her as being about the same age as herGrandad PETERS who is my father and aged 64 years.

I am disgusted by the actions of this man as described by Karen and I want thePolice informed of this incident when we get back to Southampton. I am preparedto allow Karen to give evidence in court if this proves necessary.

Signature ... …….. Alison L Jones Signature witnessed by..J..SOAP ...

Security Officer

TOP[‐ 24 ‐]


25/201



Statement of Miss Karen Anne JONES

(Mr.Mrs.Miss/Ms/Other title) (Forenames)(Family/surname)

Age 12 yrs. Date of Birth 10/08/87 Occupation School pupil


(If Crew) Employee No

Ship Oriana Cabin No F181


Dated the....26th.........day of...October .....2008.....

Signed....Karen A.. JONES. ___________________________________________________________

My name is Karen Anne JONES and I am 12 years of age. I was born on 10th August l996 at Bournemouth Dorset. I live with my parents David and Alison JONESat the address overleaf.

I am currently on a cruising holiday with my parents on board the P & 0 ship Oriana(cruise number 992). We are in cabin F181.

At about l600 yesterday, Tuesday 26th October 2008, I went with my parents to the

swimming pool on one of the upper decks.

I have been shown a plan of the ship and I have marked on it the Crystal Pool onLido Deck, I now produce this plan as my exhibit, identification reference KAJ/1).

After I had been swimming for about half an hour I told my parents that I wanted togo back to the cabin to change as I was going to meet my friend Sarah and herparents for a pizza in the Al Fresco Pizzeria at 1700.

At the time I left the swimming pool to return to our cabin, I was wearing just a pink

bikini and had a white towel tied around my waist. Continued… TOP[‐ 25 ‐]


26/201


[‐ 26 ‐]

After I left the pool and my parents, I went down the centre staircase adjacent tothe pool and down the stairs to A Deck where I called the lift. When the lift arrived Igot in and pressed the button for F Deck. At this time I was the only person in thelift.

The lift stopped on another deck, I am not sure which one, but I think it was eitherC or D deck. A man got into the lift with me. There was just the two of us in the liftand when the doors closed he said ‘hello, had a good swim then’ to which I replied ‘yes thank you’. The man then said ‘you’re a pretty young girl, how old are you’ andat this point he reached out and stroked my hair. This made me feel veryuncomfortable and I moved away from him and towards the lift doors. As I did so,he reached out and touched my left breast saying ‘how old are you’, I think you area big girl for your age’.

I shouted ‘get off’ and started to cry. Just then the lift stopped at our deck (F) andas the door was opened I ran to our cabin and opened the door with the key cardand then slammed it behind me. I was very frightened that the man would followme, but I did not see where he went.

After a couple of minutes I picked up the courage to look out of the door and couldnot see the man anywhere in the vicinity and ran to the stairs and then all the wayup to Lido Deck and the crystal pool where I told my parents what had happened. Iwas really upset and was crying all the time. My mum took me straight down to ourcabin and my dad went to report what happened to reception.

I was not hurt by this man but felt very upset and frightened, particularly when hetouched my breast. He was awful; I remember I could smell some sort of alcoholicdrink on his breath, something like beer.

I would describe this man as being about the same age as my grand-dad PETERS,that’s my mum’s dad. I am nearly 5ft tall and the man was a lot taller than me. Iremember he had brown wavy hair and was wearing sunglasses. I don’t think hehad a beard or moustache. He was wearing a bright green shirt and dark colouredshorts. I did not notice what kind of shoes he was wearing.

I have not seen this man before but I would think I would recognise him again if Isaw him.

I definitely did not let or encourage this man to touch me. I was very frightenedand upset by the way he spoke and touched me. I am certain his touching wasdeliberate.

I understand the difference between truth and lies. What I have said in thisstatement is the truth.

Signature. Karen...A...JONES.... Signature witnessed by...A..L...JONES...(Mother)

TOP


27/201



Statement of Mr. John SMITH(Mr.Mrs.Miss/Ms/Other title) (forenames)

(Family/surname)

Age 33 yrs. Date of Birth 01/07/66 Occupation ConcessionShop Manager


(If Crew) Employee No 812345

Ship Victoria Cabin No D28


Dated the...25th ......day of...May .....2008....

Signed.......J....SMITH ___________________________________________________________

I am employed by Nuance Global Traders Limited 84, Southampton Road EastleighHampshire and work as the Shop Manager for Nuance in their concession, PrincessBoutique onboard the P & O ship MV Victoria. I have been so employed for the pasttwo years.

On Tuesday 25th May, 2008 I was on duty in the shop, when at about 2030, one ofmy assistants, Sheila WILLIAMS informed me that she was unhappy about the

behaviour of a particular customer who had been hanging around the perfumesection of the shop for some considerable time.

I asked Sheila to point out the customer to me and she indicated a female who Iwould describe as aged 45 - 50 years, approximately 5 ft 4 ins tall, slender build withfair to blond hair. The female was wearing a sleeveless black cocktail dress andholding a black evening clutch bag. As a result of what Sheila told me I kept the female under observation from aposition at the back of the shop just behind the till adjacent to where medicationsare on display. I have drawn a sketch plan showing the layout of the shop which I

now produce as my exhibit, identification reference JS/1). Continued…TOP

[‐ 27 ‐]


28/201


I had been keeping the above described female under observation for approximately10 minutes during which time I saw her pick up several perfume testers and eithersniff the bottle or spray the perfume testers on her hand. I then saw this femalepick up a boxed perfume product from the Cerruti display and move away from the

area. I momentarily lost sight of the female behind a pillar but then saw her holdingthe Cerruti box in her right hand down by her side. She was holding her clutch bagin her left hand. She then appeared to look at a number of other products atvarious gift display counters and at one point I saw her crouch down by theconfectionery display counter (see sketch). She was out of my view for about 20seconds and when she reappeared I could see the clutch bag but not the boxedperfume. I noticed that her clutch bag was a lot more bulky then I rememberedseeing it initially.

I continued to watch this female for several more minutes until she suddenly left theboutique without making any purchase. I looked at my watch and the time was

2039.

Keeping the female in view I informed Sheila that I intended to follow this personaway from the shop and asked her to check the confectionery gift display and otherareas in case the perfume had been left behind by the women.

(Note: What John Smith said to Sheila Williams on this occasion and when Sheilainformed John of her suspicions, are both ‘hearsay’ - see pages 9 & 10, as it wassaid out of the presence and hearing of the suspect. Never the less, to the reader ofthe statement, it gives a clear indication of the sequence of events and can besubsequently edited for court use if this course of action is taken).

I followed the female in question away from the boutique through the InternationalLounge and down the stairs to A deck. She then walked down the starboardcorridor and stopped outside cabin A63. As she opened her bag, presumably toremove her cabin key, I noticed an area of red within the bag. Before she couldopen the door I approached her and said ‘excuse me madam, I am John SMITH theManager of the Princess Boutique. I have reason to believe that you may haveremoved an item of perfume from the shop and left without paying for it. I wouldlike you to come back to the shop with me’. She replied ‘That's ridiculous; I don’tknow what you are talking about’. I again asked her to walk back to the shop with

me which she somewhat reluctantly agreed to do. As I entered the shop I calledSheila over to me and took the female into my office at the back of the shop. In thepresence of Sheila I said to the female ‘Please open your bag’. She replied ‘Do Ihave to’ to which I said ‘It’s important that we clear this matter up. I have reason tobelieve your bag contains an item of perfume that was on display and removed fromthis shop without payment being made’ At this point the female opened her bagand said ‘Have the bloody thing back then’. She took the item out of her bag andbanged it down on my desk. I recognised the item as a boxed Cerruti l881 eau detoilette perfumed product which was still in its cellophane wrapping and the sealintact. At this point I asked Sheila to call the Security Officer to my office.

Continued…

TOP[‐ 28 ‐]


29/201


About 5 minutes later Security Officer JONES arrived at the shop office and in thepresence of the female explained what I had initially seen and the action I hadtaken. The Security Officer then said to the female what do you have to say aboutthis’ and gave her some sort of formal warning, she replied ` there is not much I

can say is there’. The Security Officer took possession of the Cerruti perfume whichI now produce as an exhibit, identification reference JS/2).

I can positively identify the Cerruti eau de toilette as coming from the PrincessBoutique on Victoria. As well as bearing our own price label for £34.95, the labelalso bears the number 61.076.333 which is generated in the shop on board Victoriaas part of our stock control procedures. From the records in my possession I canpositively state that we have not sold one item of this particular product on thiscruise (number 940).

No person has any right to remove an item from the Princess Boutique withoutmaking payment in full. Such payment is achieved by a passenger presenting theircruise card and the purchase is charged to their personal on board account. Unlessofficially purchased, all items in the shop remain the property of Nuance GlobalTraders. This customer had no right to remove the perfume without authority orpayment.

Signed...J..SMITH.. Signature witnessed by....P...JONES.....SecurityOfficer

(Points to note: The offence made out in this scenario is one of theft or more commonly known asshop lifting. The points that need to be proved are:

(a) Dishonesty - this is supported by the suspects actions and words.

(b) Appropriation - by taking this item from the shop the women assumed the rights of ownership

when she had no right to remove the item without making payment.

(c) The perfume product is without question an item of property

(d) Belonging to another - until purchased the item remains the property of the shop. There is noquestion with regard to its origin given the price label and stock control reference.

(e) Intent to permanently deprive - by her actions and concealment, and by leaving the shop without payment, then returning to her cabin she has displayed this intention.)

TOP

[‐ 29 ‐]


30/201


[‐ 30 ‐]

9 Suspected Persons – Statements & Interviews

Generally suspects should not be interviewed at all without guidance being obtainedfrom the Company Security Department.

This is because any admissions they do make may be excluded later on at court if

the questioning was not carried out in the legally prescribed manner of the relevant

jurisdiction.

In the UK the relevant legislation is the Police and Criminal Evidence Act 1984.

The relevant Law Enforcement Agency will give early guidance on the method and

requirements relating to formal suspect interviews and statements.

In cases of serious crime, suspected persons should not be interviewed

until guidance has been received from the Company Security

Department, unless there is an urgent need to for the preservation of

life, the identity o f others involved in the crime, the safety of the ship or

the essential recovery of property or evidence.

In all cases of serious crime such interviewing should be left to the appropriate shore

authorities who will join the ship at the earliest opportunity.

UK and Australian Jurisdiction Investigations: If it is considered necessary to

conduct and interview, the detained person must be cautioned in the terms detailed

below before any interview is commenced. Failure to do so could render any

admission or statement void for use in any prosecution. The caution should be given

in the following terms:

‘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’

TOP


31/201


US Jurisdiction Investigation. The FBI (Long Beach Office) advises that identifiedsuspects are not given a Miranda warning (caution).

Significant Statements

Any unsolicited comments or statements made by the suspect, which appear to becapable of being used in evidence later, should be written down and the suspect

should be asked to read it over and sign underneath if he/she agrees it is correct.

Interviews

Any interview of a suspected person should be done, if practicable, on tape so that

everything said is recorded. The suspect should be given the opportunity, if

practicable, to have a lawyer present. If this is not practicable then they should be

given the option of having a ‘friend’ or other person present. This person should notbe a witness in the investigation.

The PEACE model is the nationally accepted method of interviewing victims,

witnesses and suspects. PEACE stands for:

P – Planning and Preparation;

E – Engage and Explain;

A – Account Clarification and Challenge;

C – Closure;

E – Evaluation.

The skills needed by investigators using the PEACE model are as follows.

• Planning and preparation – assembling the facts, knowledge of the location and

circumstances of the offence, knowledge of the interviewee if practical, being

methodical, legal knowledge and considering the timing, duration and location to

conduct the interview. Consideration should be given to the selection of the

Interviewer and timing of breaks

• Establishing a rapport – considering how to approach the interviewee, being aware

of their needs, culture and background, language, displaying flexibility,

approachability, not prejudging, avoiding being over officious and any personal bias.

Continued…

TOP[‐ 31 ‐]


32/201


Listening skills – developing the ability to listen actively, displaying empathy,

consideration and tolerance.

The use of silence to obtain further information, some interviewers want to fill

any silences with their own voice, this should be avoided and it is often the

case that if the interviewer does not speak then the interviewee will.

Questioning skills – asking the right questions at the right time, use of

appropriate language and perseverance. The best questions are the 5 W’s &

H; who, what, when, where, why and how.

TED is also a useful tool;

T = Tell me, E = Explain, D = Describe

TOP

[‐ 32 ‐]


33/201


10 Exhibits

Evidence

In the UK and most other jurisdictions physical objects and documents can be used

in evidence. However this can only be done if certain rules are followed. The process

of allowing something to be used is called adducing or admitting it as evidence and

once admitted to evidence the object is referred to as an exhibit. The court needs to

be sure that the object in court is the actual object in question, i.e.; that the knife is

the one used to stab the victim. The provenance of each item needs to be known.

The court needs to know the following information:-

What is it – a short description is usually sufficient e.g. a steel knife with a 6” bladeand black plastic handle.

Where was it found – again a short entry normally suffices e.g. under the bed in

Cabin 453.

Who found it – include the job title of the finder e.g. Ship Security Officer Phillip

James SMITH

When was it found – include time and date e.g.; 1544 hrs on 21st January 2008

The court will also want the item to have been given a unique reference number.

This is often called the Exhibit Number, Exhibit Reference or Identification

Reference. The initials of the finder and a number are usually sufficient, so the knife,

the first item found by Phillip James Smith will be exhibit number PJS/1. During the

search of the offender’s cabin SSO Phillip James Smith also found a mobile phone,

a photograph and a lump of cannabis. These will become the following exhibits:-

Black Nokia 3310 mobile phone, exhibit reference PJS/2; photograph of a woman on

beach, exhibit reference PJS/3; a lump of brown resinous substance, exhibit

reference PJS/4.

Note that the cannabis is not described as cannabis as until it has been analysed

you cannot be certain what it is. This is especially true of controlled drugs such as

heroin or cocaine which should be described as brown or white powder.

Continued…

TOP

[‐ 33 ‐]


34/201


An Exhibit Label should also be completed and securely attached to the item. This

label should show the above information and should be signed by the finder and all

who subsequently handle the item.

Recovery of Exhibits

When recovering exhibits great care should be taken to preserve any forensic

evidence actually on them, such as blood, DNA or fingerprints.

For this reason all of the following should be borne in mind;-

They should be photographed in situ

They should be recovered using gloves

They should be immediately placed in an exhibit bag

The gloves used should also be placed in a bag

The bags should be sealed up

Refer to Section 12.3 for further detailed information on the Packaging of Items

Recovered

Continuity

Who else has had possession of the item since it was found is especially important

as it shows that nothing has changed or affected the physical condition of the item?In our case the knife was found by SSO P J Smith and he put it in a bag, sealed itand kept it in his safe. At 1032 hrs on 27th January 2008 SSO Smith handed theknife to Detective Sergeant Kevin Brown. This should be recorded by both personsin their respective notebooks. The exhibit label should also show this handover andboth persons should ensure they have signed the label. There is a space on theExhibit Label for each subsequent hand over, so this will show that DS Brown tookthe knife to the Forensic Laboratory where the bag was opened and the blood on theblade was examined by scientist Barry Briggs. The bag was then resealed and wasthen collected from the laboratory by DS Smith who kept it in a secure store at thepolice station and then took it to court where SSO PJ Smith produces it as his exhibit

for the jury to see. .

In another example SSO Dave Alan BENNET finds a rucksack which he produces ashis exhibit reference DAB/1. The bag is later opened by Detective Constable RichardSteven MABEY and from it is taken a gun and some knife The gun then becomesexhibit DAB/1/RSM/1 and the knife becomes exhibit DAB/1/RSM/2.

The process of recording who had possession of the item and who it was passed toand what happened to it is known as ‘continuity’ and great care should be taken toensure the chain of continuity is not broken.

TOP[‐ 34 ‐]


35/201


Loggist & Exhibits Officer

In a search it is best practice to have one or more person conducting the actual

search and one person who records the relevant information on a ‘Exhibits Log’ and

takes possession of all of the items found. This person is known as the ‘Loggist’.In an investigation with many exhibits it is best practice to have one person

managing all the exhibits. This person is known as the ‘Exhibits Officer’. The

management of the exhibits can be done using paper records or on a computer

utilising a spreadsheet.

Statement

In the eventual statement for a court all of the above should be included so it would

read:-

“I am Phillip James SMITH and I am employed by Sunshine Cruises as the

Ship Security Officer on the Cruise Ship ‘Whatever’. At 1535 hrs on 21st

January 2008, following an incident in the Ocean Bar I went with my Deputy

SSO William EVANS to cabin 453. I used my pass key to enter the locked

cabin and at 1540 hrs I commenced a search of the room. At 1544 hrs I found

a steel knife with a 6” blade and black plastic handle under the bed. I now

produce this knife as my exhibit reference PJS/1. At 1545 hrs on the bedsidetable I found a Black Nokia 3310 mobile phone which I now produce as my

exhibit reference PJS/2. At 1545 on the same table I found a photograph of a

woman on a beach which I now produce as my exhibit reference PJS/3. At

1548 hrs in the top drawer of the chest of drawers I found a lump of brown

resinous substance which I now produce as my exhibit reference PJS/4. I

handed all of these items to DSSO EVANS who sealed them in evidence

bags and completed the written Exhibit Log.”

TOP

[‐ 35 ‐]


36/201


11 Searching of Persons

Under most jurisdictions a Ship’s Security Officer will have no power to conduct asearch of any person without their consent. However crew and passengers willusually have given their implied consent under the terms and conditions of their

employment or passage.

It is always advisable to obtain the consent of the person prior to conducting asearch.

There are three sorts of search:-

1. A search of their bags or luggage.2. A cursory outer search of their outer clothing.3. A thorough search which involves the removal of outer clothing and a search oftheir inner clothing.

When crew and passengers are embarking or disembarking it is standard procedureto conduct searches under 1 or 2 shown above. There will normally be no problemsin conducting such searches.

Signs stating that searches will be conducted should be displayed at all gangwaysand announcements should be made on the public address system at appropriatetimes.

It is best practice that females are searched by females and males searched bymales. A third party should always be present to rebut any allegations of impropriety.

Searches under 3 above will only be conducted when there is a very good reason

and the action can be justified.

Persons who have been detained should always be searched thoroughly in thismanner.

The reasons for such a search are:-a. To locate a weapon which they could use to harm others e.g. a knife or gunb. To locate an item which they could use to harm themselves e.g. a razor bladec. To locate a prohibited item e.g. controlled drugs or ammunitiond. To locate an item of evidence e.g. a stolen item

A person who has been detained must be searched even if they do not give their

consent.

A full strip search should only be carried out in the most extreme circumstances.Generally the advice of senior management should be sought before such a searchis conducted.

TOP

[‐ 36 ‐]


37/201


Searching of Places

Searches can be conducted to identify and locate the following:

Crime scenes;

Victims, witnesses or suspects;

Physical material – weapons, stolen property, hidden property, documents, drugs;

Forensic material – biological and chemical e.g. DNA, fingerprints, blood, semen, saliva,

hair,

firearms discharge residue,

Escape routes;

Hides, storage or deposit sites;

Electronic media stored within IT systems or telecommunications equipment;

Passive Data Sources such as CCTV video tape or other digital storage medium

Searches should be planned beforehand and enough personnel and time should bemade available for the search.Searches vary tremendously depending on what is being searched and what is beingsearched for. A search of a crew member’s cabin looking for a knife may only takeone person about 20 minutes but a search of the crew galley area looking for a knifeis a whole different proposition, what are you going to do about all the other knivesthat are there?

Detailed records should be kept of all searches made so that they can be reviewedlater if necessary.For large areas a grid method may be best but this will not be suitable for smallerareas.Consideration should be given on occasions to utilising sniffer dogs belonging to LawEnforcement Agencies.

Protection of Scenes

The purpose of protecting a scene is to maintain the integrity and provenance of any

material or objects which may be recovered from it. This simple and important actionwill reduce the opportunities for the material to become contaminated orinadvertently cross-contaminated.

TOP

[‐ 37 ‐]


38/201


Crime Scene Management Strategies

There are a number of methods that can be used to secure and manage crime

scenes. These include:

Using high visibility tape to prevent access to or from the scene; Deploying Ship Security Staff to guard the scene (care should be taken to ensure that officers

do not cause cross-contamination);

Using large items as barriers to prevent entry;

Temporary fencing;

Ensuring that persons entering the scene are wearing suitable protective clothing to prevent

contamination of the scene and to ensure that they are protected from any hazards present;

Logging those who enter and leave the scene.

Deck/Corridor blocks to protect wider scenes;

Deck/Corridor diversions;

The SSO should seek advice from Head Office to determine the appropriate level and method

of protection required. This may include covering or lighting the scene and identifying and

protecting access routes to or from the scene.

Risks to the scene which have to be managed include:

Contamination of the scene by items being taken into or from the scene, or cross-

contamination by transference between scenes;

Damage being caused to the scene or material by exposure to the elements;

Microbiological activity causing decay to material;

Animal disturbance;

The effect of time delay on certain material types.

Advice can be sought from the Company Security Department if in doubt.

The photographing of scenes and items in situ is of great importance.

You can never take too many photographs.

TOP

[‐ 38 ‐]


39/201


12 Physical Evidence

Crime Scene Management

"The crime scene is the place from which most physical evidence associated

with a crime will be obtained. It provides an Investigating Officer with astarting point, a beginning to determine the identities of suspects and victimsand to piece together circumstances of what happened during the crime.Physical evidence found at the scene can be the key to the solution of anycrime. The first security officer or senior crew member’s most important taskat the scene is to prevent the destruction or the diminished utility of potentialevidence that may lead to apprehension of criminals and the solution of thecrime."

1 Crime Scene Protection is Critical

To assist Crime Scene Investigators it is critical that issues associated with

suspected or actual crimes are managed in a structured and uniformed approach. Itis essential that all security staff is aware of their responsibilities in relation to crimescene preservation.

In order to make a correct assessment of the scene security officers must;

Assess the sceneProtect the SceneCommunicate any actions/observations

At such scenes it is not unusual for a number of persons to attend and becomeinvolved in the process, particularly if the matter is a serious crime or large incident.Crime Scenes need to be controlled from the time security first attends the scene,prior to the arrival of the Staff Captain or SECO who will take over the charge of thecrime scene and direct staff as necessary.

2 The first attending officer must ensure the following;

1. The boundaries of the scene/incident are identified

2. Identify who actually needs to remain at the scene

3. A cordon is placed in order to prevent additional access by other staff/witnesses and prevent

contamination and destruction of the scene.

4. Contain the scene; try to leave only one area of entry.

5. A scene log is commenced to document who is already in attendance at the scene, preventunnecessary access to the scene, and document all personnel entering/leaving the scene.

6. Identify areas required for immediate preservation, is a tent required, do you need to coverblood etc.

7. Under no circumstances should suspects or alleged offenders be allowed back into or near

the crime scene. [‐ 39 ‐]


40/201


Example of a Scene attendance log

Scene Attendance LogPersons attending scene

Date Name/Rank/Title Reason forattendance

TimeIn

TimeOut

Signature(log Keeper)

To get a printable copy click here

3 Initial Assessment of the Scene

Once the above is in place a further more detailed assessment of the scene can takeplace prior to the scene examination. If this is done well, it can help solve whathappened, if done poorly, it can amount to a gross neglect of duty and destruction ofvital evidence which may never be regained.

For all serious crime, illegal occurrences and some incidents the Staff Captain,SECO or Security Supervisor may be in attendance. Formulate a plan of how thescene is going to be processed. (Work as a team)

Deal with occupational, health and safety issues (e.g., use of protective clothing for highrisk infectious cases/ electrical hazards)

Ensure all personnel entering scene are aware of contamination issues and wearappropriate PPE such as paper suit, mask and gloves and over shoes.

Reassess the scene boundary and preservation, taking any action if necessary, to rectify

Assess the need for additional equipment and organise assistance from other specialists or

experts where required (e.g. Government, Additional Medical Staff, Policing Authorities,Port Authorities, Customs, Immigration, etc).

[‐ 40 ‐]

TOP


41/201


4. Entering the Scene

On initial entry into the scene, the person in charge of this matter should proceedwith great caution, keeping in mind the potential to destroy evidence at the scene.You should formulate a plan to minimise destruction of evidence by considering your

initial physical approach. When making your initial approach you should consider thefollowing:

Does an entry other than that taken by the suspect exist?

Establish the path taken by other persons first on the scene

Consider the loss of trace evidence on entry and throughout your examination, (e.g.,shoe/foot impressions on the floor)

Reassess occupational, health and safety issues

Establish the extent of the scene and additional assistance that may be required

5. What should be recorded and examined. Where details of the incident are sketchy, it is never wise to underestimate theimportance of an item. Be curious of every item, never overlook anything. As moredetails come to hand, it is easier to eliminate these from the investigation, than tohave

The Crime Manual for Ship (Non Restricted)_2010

Documents

Transcript of The Crime Manual for Ship (Non Restricted)_2010