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An investigation conducted by a police officer with a view to it being ascertained whether a person should be charged with an offence or whether a person charged with an offence is guilty of it

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An investigation conducted by police officers with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it.

Investigations may be carried out in relation to:

crimes that have been committed

identifying whether a crime has actually been committed, with a view to commencing criminal proceedings

crimes that the police believe may be committed, for example, when premises or individuals are kept under observation for a period of time, with a view to the possible institution of criminal proceedings

Investigations can be either reactive or proactive.

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PACE codes and legislation regarding obtaining evidence e.g. S19 seizure of evidence/S18 powers of entry/stop and search/powers of detention and the arrest necessity to conduct prompt and effective investigation

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Investigations involving gathering evidence that look towards and away from a suspects guilt

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An investigation conducted by police officers with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it.

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Reasonable lines of enquiry

Recording all material obtained during and investigation

Reveal / disclose documents to the defence

Review material held

Retention of material relating to an investigation until a decision is reached

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Investigations can either be reactive or proactive 

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Investigations can either be reactive or proactive 

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PACE, Stop & Search, Arrest powers, powers of entry, powers to seize, use of force, misuse of drugs act, human rights act, Public order, Criminal Justice Act, Magistrates Court Act, theft act, psychoactive substances, emergency workers obstruction act, prevention of crime act

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The Police and Criminal Evidence Act 1984 (PACE)- provides the powers for police when they are investigating a crime and includes other important areas such as treatment of suspects in custody.

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What does the CPIA describe the concept of an investigation as?

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What does the CPIA describe the concept of an investigation as?

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Criminal Procedure and Investigations Act 1996

Any police officer involved in the conduct of a criminal investigation. All investigators have a responsibility for carrying out the duties imposed on them under this code including, in particular recording information and retaining records of information and material.

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The CPIA establishes a framework for fair investigations, ensuring both sides have access to relevant information, thereby balancing investigative power with the rights of the accused.

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The Human Rights Act 1998!!!

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CPIA can refer to the UK's Criminal Procedure and Investigations Act 1996, governing criminal investigations, recording, and disclosure of evidence

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Youth Justice and Criminal Evidence Act 1998 - reforms to youth justice + treatment of vulnerable individuals

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Equality Act 2010 section 149- need to consider equality when making decisions involving investigations.

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criminal investigation is an investigation conducted by police officers with a view to it being ascertained—

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criminal investigation is an investigation conducted by police officers with a view to it being ascertained—

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(a)whether a person should be charged with an offence, or

(b)whether a person charged with an offence is guilty of it.

(2)In this Part references to material are to material of all kinds, and in particular include references to—

(a)information, and

(b)objects of all descriptions.

(3)In this Part references to recording information are to putting it in a durable or retrievable form (such as writing or tape).

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Where two or more agencies are involved within the investigation offering different perspectives and working methods. Key for what we've been learning recently with Child protection and safeguarding vulnerable adults

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Theft Act 1968

Offences Against the Person 1961

Sexual Offences Act 2003

Criminal Damage Act

Public Order Act 1968

Criminal Attempts Act 1981

Fraud Act 2006

Domestic Abuse Act 2021

Serious Crimes Act 2015

Children Act 1991

PACE

Children and Young Person Act

Modern Slavery Act 2015

Aspects of the Licensing Act

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PACE 1984

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the prosecutor is the authority responsible for the conduct.

the disclosure officer is the person responsible for examining material retained by the police during the investigation; revealing material to the prosecutor during the investigation and any criminal proceedings resulting from it,

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Human Rights Act 1998

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Please all research individually RIPA, CPIA, POCA and YJCEA to get an overview.

PACE and the Equality and Human Rights we have covered separately.

New tasking will appear underneath here at 10am.

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It outlines the responsibilities of investigators and prosecutors for gathering, retaining, and revealing material obtained during a criminal investigation.

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CPIA- The Criminal Procedure and Investigation Act 1996:

-          Crucial piece of legislation within the UK

-          It regulates the procedures for investigating and prosecuting criminal offences

-          There are four key functions:

-          1. It outlines the roles and responsibilities of investigators and prosecutors, and ensures they follow correct procedures for gathering, retaining and revealing material obtained during a criminal investigation

-          2. Investigators must ensure that they follow all reasonable lines of enquiry, this includes whether they point towards or away from the suspect

-          3.the act also ensured that a disclosure regime was implemented. This means that all prosecution must now disclose any information to the defence team that may be considered capable of undermining the case for the prosecution, against the accused or of assisting the case for the accused

-          Can be used in crown court cases and magistrates cases

-          One specific role the CPIA can be used for is a Disclosure Officer, who is responsible for managing unused material.

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- the Regulation of Investigatory Powers Act 2000 is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications.

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RIPA legislation:

The Regulation of Investigatory Powers Act 2000

RIPA plays a vital role in balancing the need for effective surveillance and investigation with the protection of individual rights

-It is a UK legislation that regulates the powers of public bodies to conduct surveillance and intercept communications, it establishes clear guidelines and oversights mechanisms, the Act aims to ensure that public authorities conduct their activities lawfully and responsibly, adapting to the evolving landscape of technology and communication

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POCA – Proceeds of Crime Act 2002

Aimed at confiscating assets derived from criminal activities and plays a vital role in the UK’s fight against financial crime and money laundering. It helps to strip criminals of their financial gains.

What it includes:

-          Confiscation Orders (issued by the Crown Court post-conviction) -> Aim to recover the value of benefits obtained from criminal conduct

-          Restraint Orders -> Prevent individuals from dissipating assets that may be subject to confiscation, ensuring they remain available for recovery after conviction

-          Civil Recovery -> (Handled by the High Court) Allows the recovery of property obtained through unlawful conduct without the need for criminal conviction

Agencies involved: NCA, CPS, and HM Revenue and Customs (HMRC). These agencies collaborate to investigate, restrain, and recover assets. The Asset Recovery Agency, established under POCA, has specific duties related to confiscation and civil recovery.

Impact on Crime Reduction: By disrupting the financial incentives behind criminal activities, POCA deters future offenses and supports broader crime prevention strategies by funding law enforcement initiatives with recovered assets.

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Youth Justice and Criminal Evidence Act (1999):

·       Facilitates the ability of vulnerable and/or intimidated witnesses to give evidence efficiently and safely in a criminal court effectively.

·       Special measures ca be put in place where it felt that their evidence will be enhanced.

Part 1 has been completely repealed (removed or reversed)

Part 2: Outlines the different types of special measures that can occur within the courtroom for the individual. These include:

·       Screening the witness from the accused

·       Evidence by live ink

·       Evidence given in private

·       Removal wigs and gown

·       Recording of evidence chief

·       Video recorded of cross examination or re examination

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It’s about taking the profit out of crime. Its main aim is to confiscate money and assets gained from criminal activity, recover criminal property, even without a criminal conviction, and deter crime by making it unprofitable. It has three main functions:

-          Confiscation after conviction (most common use): After someone is convicted, the court can decide if they have a criminal lifestyle, work out the benefit obtained from crime and order the offender to pay back the value of that benefit.

-          Civil Recovery: allows the state to recover property if it is believed to be the proceeds of crime.

-          Investigation and Restraint powers: power to freeze assets, detain cash and investigate financial records.

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2 Parts - youth offender part and provisions for giving evidence

Introduced as a way to facilitate vulnerable or intimidated witnesses so that evidence can be given efficiently and safely in court, so it provides special measures for vulnerable witnesses, improving the quality of the evidence which cases rely so much on

Provisions include things like testimony by live link, privacy screens, exclusion of public

Act also provides for the compulsory referral of first time offenders under 18 to youth offender panels, aiming to address the behaviour through specific youth programs

Competence of witnesses means that all individuals regardless of their age are competent enough to give evidence, which is what the provisions help with

Also helps with protection for child complainants, especially in situations where they have to testify to abuse they've suffered, but this can also apply for adult victims of domestic abuse

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The Youth Justice and Criminal Evidence Act 1999

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The Youth Justice and Criminal Evidence Act 1999

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-       Designed to improve how vulnerable and intimidated witnesses give evidence in criminal court

-       Introduction of special measures to aid the court process i.e. video link, live link, pre-recorded cross examination, screens, intermediaries, informal dress/ wig removal

-       Vulnerable witnesses – includes children under 18, those with mental disorders, intellectual disabilities, physical disabilities

-       Intimidated Witnesses – anyone whose evidence quality is diminished by fear or distress

-       Youth Justice Panels – established panels for youth first time offenders to reduce re-offending

-       Sexual offence complainants – section 41 restricts questions about sexual history

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-       Enables authorities to confiscate assets from criminals

-       Disrupt money laundering and recover profits from illegal activities like fraud, drug dealing and bribery

-       Investigate illicit gains, criminalising money laundering offences

-       Burden of proof shift – individuals must prove their assets gained legally

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The Criminal Procedure and Investigations Act 1996

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The Criminal Procedure and Investigations Act 1996

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-       Governs how police conduct investigations and handle evidence in UK

-       Fairness of investigators to follow every reasonable line of inquiry

-       Mandating disclosure of all relevant information/ material

-       Ensuring a fair trial

-       Rules for recording, retaining, revealing evidence

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Regulation of investigatory powers 2000 (RIPA)

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Regulation of investigatory powers 2000 (RIPA)

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-       Legal framework for public bodies to conduct covert intelligence and interfere with communications data

-       RIPA ensures these are compatible with Article 8 of ECHR

-       Controls powers of intercepting communications, accessing encrypted data and using informants.

-       Requires strict authorisation

-       Necessity and proportionality

-       Provides power for covert police use – however, it is highly regulated.

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CPIA (Criminal Procedure and Investigations Act) 1966 

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CPIA (Criminal Procedure and Investigations Act) 1966 

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Its main purposes are to:

Set rules for how the police and prosecution disclose evidence to the defence

Requires investigators to retain and record material

Impose defence disclosure duties

Promotes fair trails by preventing 'trial by ambush'

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Please make a note of the above in your PNB's

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Please watch the video and get together in your groups and decide what you would have done differently, what powers you would have used etc and write this under your relevant shift.

Thank you

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Break after and we will reconvene at 1115hrs

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Should have arrested the male for the ABH, a necessity could have been to obtain the male's details. They had enough grounds to arrest as they had seen an image of the male and it matches, and he was in the area. If it was the wrong male when he showed his ID, then he could be de-arrested. They had no grounds for a stop search, and seemed very confused about their powers. There is no power to do 'stop and account'.

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arrest was granted for ABH and as man matches the description of the wanted individual/ is in the same area, there are reasonable grounds to arrest.

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Stop and search is not relevant in this scenario as there are no 'objects of search'. No drugs/ offensive weapons.

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Lorenzo Green - What we would have done 

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Lorenzo Green - What we would have done 

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You cant detain for stop and account

Could have arrested from the start

Stop and search seemed unrelated - what if they found nothing - would they let him go?

We would

arrest immediately - necessities being to prevent harm, prevent disappearance, ascertain name and address.

We wouldn't detain just for an account

We wouldn't stop and search we'd do S 32.

Can't do S18 really unless suspect ABH evidence is in house.

Can further arrest for money laundering

Do a s32 search of property.

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If arrest was undertaken and the man's ID did not match GREEN's then you could de-arrest the man.

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With a 'stop and account' you can't be detained under this and are not legally required to answer questions under this either. Also for a stop and search they did not use GOWISELY and as the officers were not in uniform there was no obvious BWV on them.

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no grounds to stop and search, but could have arrested, gathered his name and then if it was not green, de-arrest

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Should have arrested for ABH as they had enough grounds to arrest based off the image they have seen and the area where they found him. They didn't have grounds for a stop and search and it was also included in the briefing that he doesn't tend to carry drugs or weapons.

If it was the correct person they can be de-arrested.

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Officer should have arrested based off the intelligence. If after the arrest it is discovered that the individual is not the person they are looking for, then they can de-arrest. Enough intelligence to make the arrest. S&S was not warranted in this instance as there was no object of the search.

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Property search could be under POCA 2002 - Power of search for premises (s289(1)): if a police officer has reasonable grounds for suspecting the presence of cash obtained through unlawful conduct

S32 would not apply as the male was not in his home when arrested, and we do not know if he was there immediately prior to arrest

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Also could not use S18 search as the money laundering offence is not connected to or similar to the ABH for which he has been arrested

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What would we have done, with powers?

Try to communicate with him instead of going around in circles first.

Arrest for ABH, with the necessity to prevent harm and/or name not given.

Search under Section 32 of PACE after arrest.

Under Section 18(1) search for the house for anything relating to the ABH. If we find any large amounts of money then further arrest for money laundering.

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What can we do to ensure that investigations are conducted in ways which are ethical and encourage public support?

And what are the positive effects of ethical investigations?

Write your answers as a group on your shift.

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To conduct an investigation ethically you need to ensure your responses are proportionate and appropriate.

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Confidentiality - only being proportionate and respecting the privacy of the suspect and witnesses

Transparency - informing all parties of details of the investigation if possible and providing updates

Impartiality - looking at all lines of enquiry not just the ones that support the prosecution

Respectful and fair treatment to everyone including suspect

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to conduct an ethical investigation, officers should ensure the rights of the victims and the suspects are upheld during all stages, as ensuring this will make for a positive interaction, which in turn will encourage public support

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Need to ensure transparency and record every interaction with suspect, witnesses and victims- BWV, PNB, video recorded interviews.

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Making sure that any material or evidence is used to make a fair and impartial decision on whether someone is guilty of a crime or not, even if it might undermine the prosecution's case.

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Being lawful

doing it in the public interest

data protection

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Proper investigations mean that convictions can be upheld. If investigated unlawfully or unethically then any decisions may be quashed and therefore not being able to get justice for the victim.

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Management of expectations through transparency.

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Maintains public confidence and transparency. This also improves the public's cooperation with the police.

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ensure management of expectations through transparency

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Being fair and appropriate while not abusing power

Ensuring evidence is prioritised over subjective views

Exploring all lines of enquiry to treat all fairly

Displaying honesty to build trust and reputation

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positive effects of ethical investigations include increased public support and engagement, increased trust and confidence in police, convictions are upheld, people are more likely to report crimes

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1. Avoid using our biases. Using the skill of Bitaris Box. Make sure all witnesses, suspects and victims are treated with respect and empathy. Form Independent Advisory Groups which will help engage the public.

2. Positive Effects: protects all protected characteristics. More reliable and valid accounts of circumstances if collected ethically. Policing by consent will aid the public's trust in the police, meaning the public will be more likely to report crime.

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An ethically correct investigation means that there will be a higher chance of a conviction alongside any victims or public interest feeling validated.

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So what happens when it goes wrong?

Shift A - Harold Shipman

Shift B - Yorkshire Ripper

Shift C - Stephen Lawrence enquiry

Shift D - Ian Huntley

Shift E - Stuart Lubbuck

Can you research what the Police have done wrong and put your findings on Padlet.

We will reconvene after lunch at 1315hrs.

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DI smith made no written report at the end of the investigation, no notes were made.

Police failed to request or analyse medical records that would have shown the lethal doses given to the patients. They did not consult a medical expert so didn’t understand the deaths were suspicious. They did not check his computer records. The officers assigned to the case had limited experience  in complex medical investigations.

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Humberside and Cambridge police forces failed to share information- there were 9 allegations of rape and indecent assault against him

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On Sunday 4th August 2002 in Soham, Suffolk, Jessica Chapman and Holly Wells were murdered by their school caretaker Ian Huntley.

The bodies weren't discovered until the 17 August 2002.

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Yorkshire Ripper - Reliance on letters and tape

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Yorkshire Ripper - Reliance on letters and tape

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By focusing on the tape and 'Wearside Jack' letters. The accent analysis led investigators to believe the offender was from Sunderland, not West Yorkshire.

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Lack of thorough or accessible information on his past. He had a daughter with a 15 year old girl and had 11 relationships with underage girls. He also was covicted of a rape. Yet was still given the job of school caretaker?! MAJOR LACK OF COMMUNICATION.

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He confessed to sex with an underage girl, she didnt feel comfortable prosecuting so he was not charged or cautioned, but he should have been so it would have shown up on his record during checks- would have not got the job.

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- Early attacks were not always linked correctly.

- Assaults where victims survived were sometimes downgraded or ignored.

- Escalation patterns were missed

Overall, there were multiple missed opportunities to identify offender behaviour patterns earlier

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the case sparked public debate surrounding child safety, criminal investigation protocols, and the accountability of law enforcement agencies

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Institutional racism and incompetent - Macpherson report

Lack of evidence

Poor handling of witnesses

Lack of urgency

Failed to provide Stephen vital first aid at the scene. Instead they treated his friend (the primary witness) first

Police showed blatant indifference and hostility towards the Lawrence family

Senior detective on the first investigation was accused of accepting bribes

Failure to properly investigate a main suspect

Inquiry prompted significant police reforms

The double jeopardy law was scrapped after this case

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Guilty party giving statement and a single officer searching

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Guilty party giving statement and a single officer searching

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Huntley came forward on the 5 August claiming to have seen the girls on his doorstep. Police were suspicious of Huntley, but only 1 officer searched his house which was evident of extensive cleaning but Huntley excused this by saying they had a flood. Suspicion remained but the officer didn't use his investigative mind enough and dig further into the initial suspicion.

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Insufficient vetting, poor record keeping, lack of training, failure to share information.

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No record of Huntley's past had been retained by Humberside Police, even though he was charged in one of the rape cases before it was later dropped.

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Summary: LACK OF COMMUNICATION, MANY MISSED RED FLAGS. PROACTIVE INVESTIGATION COULD HAVE PREVENTED THE DEATH OF JESSICA CHAPMAN AND HOLLY WELLS 

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Summary: LACK OF COMMUNICATION, MANY MISSED RED FLAGS. PROACTIVE INVESTIGATION COULD HAVE PREVENTED THE DEATH OF JESSICA CHAPMAN AND HOLLY WELLS 

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Humberside police didnt update PNC to include his alias surname of Nixon.

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Huntley's name was, however, logged on Humberside Police's own local computer system. In 1999 PC Michael Harding wrote a file on him, saying he was clearly a "serial sex attacker".

But the report was deleted during a review of the database a few months before Huntley applied for the job at Soham Village College.

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Physical evidence was avilable but undervalued or general ignored. For example, Sutcliffe's shoe size and wear patterns matched footprints at scenes, along with the vehicle descriptions linking him.

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Victims were dismissed as they were all thought to be sex workers, and victim blamed for putting themselves in harm's way. The police investigation only gained pace when a non-sex worker victim was killed

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Following his arrest, SUTCLIFFE (Yorkshire Ripper) hid his 'kill kit' in the police station such as in the toilets. This meant officers hadn't searched him post arrest leading to his opportunity to hide evidence. The lack of a post arrest search is a failing of the police.

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initial criticisms of the case were centred around the slowness of the police's response, failing to take the seriousness of the case into full account. they didnt take all lines of inquiry serious and had sort of a tunnel-vision. there was also a complete lack of coordination between agencies, which added to the case moving so slowly

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30,000 statements, 2.5million documents, 1000s of suspects, and Sutcliffe interviewed 9 times. Paper based systems overwhelmed officers, with little systemic management, and senior officers lacked experience to manage a complex investigation. This meant key items were missed, including a letter from Sutcliffe's friend naming him as the killer, and other key evidence

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Improved major incident room procedures

Better intel management systems (electronic!!)

More caution about profiling and hoaxes

Bias awareness - confirmation bias (favouring information that fits the preconceptions and dismissing anything that doesn't fit)

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Perpetrator emboldened by police failings

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Perpetrator emboldened by police failings

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The incompetence of police, and their failure to investigate him fully, allowed Sutcliffe to carry on offending in the knowledge that officers had not successfully identified him as being responsible. On admitting the offences he said "Officers had all the facts" and it was a miracle they hadn't located him sooner

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At the time of the Yorkshire Ripper investigation, some equality laws were in place, but they were spread across different Acts and did not clearly apply to police decision making. This meant victims had limited protection and sexist attitudes within the investigation were not properly challenged. Key legislation at the time included the Sex Discrimination Act 1975 and the Race Relations Act 1976.

Since then, the introduction of the Equality Act 2010 has changed policing practice by placing a clear legal duty on officers to act without discrimination, sexist attitudes, victim stereotyping. Unequal treatment is now more likely to be challenged and officer who behave in this way can be held legally accountable.

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There has been a tradition in the Police Service of learning on the job. The resulting range of working rules that investigators have depends on their personal experience. As a consequence an investigator’s ability to make decisions may be limited by the extent of their experience and the degree to which they are able to adapt it to any given situation.

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Working rules can become so familiar to investigators that they are not always aware that they are using them. This may lead to difficulties in describing how a particular decision was reached. Investigators may refer to these decisions as being based on hunches, gut reaction or intuition, and are unable to explain the rationale behind them, making it difficult for others to understand the decision-making process. In principle there may be nothing wrong in following hunches or gut reactions, but the investigator must expect to account for their decisions to others including victims, witnesses, supervisors, managers, and/or to partners in the criminal justice system.

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There are occasions when decisions are unconsciously affected by personal perceptions of people, places and situations. Racism, sexism or homophobia can influence the thought process without the individual realising the effect that they are having.

Individual biases can affect decision making. For example, an investigator attends the scene of a domestic burglary and decides not to conduct house-to-house enquiries in the vicinity because of an assumption that no-one will tell them anything worthwhile.

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If investigators develop an early view as to what has occurred or who is responsible for a crime, there is a danger that they focus on the material that supports that view. This can result in a situation where they only gather material that supports their view, This will lead investigators to ignore alternative lines of enquiry or sources of material.

Investigators should avoid taking too firm a view on any point until they have gathered the maximum amount of material. Where information levels are low, well developed hypotheses can be powerful tools.

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There is a danger that an investigator will base their decisions about the investigation on material that is vivid and memorable, dramatic, emotionally charged or easy to visualise. Such material might be psychologically compelling, because it appears familiar or is linked to a memory, but it may not necessarily reflect the material at the investigator’s disposal.

Investigators should maintain an open and objective approach to gathering material and be prepared to challenge their own reasoning behind a decision. Using the investigative mind-set and challenging personal perceptions will assist the investigator in avoiding availability error.

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TASK - Research and answer the questions below and email to me.

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TASK - Research and answer the questions below and email to me.

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Research and record in your own words (minimum 50) for each, (not just the definition) the following definitions:-

1. Investigation - The Criminal Procedures Investigations Act 1996 states: a criminal investigation is: ?

2. Investigator - The Criminal Procedures Investigations Act 1996 states: An investigator is: ?