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.

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.

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

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.

(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).

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

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,

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

New tasking will appear underneath here at 10am.

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.

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

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.

·       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

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.

-       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

-       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

-       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

-       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.

• 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'

Thank you

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.

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

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

• 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.

And what are the positive effects of ethical investigations?

Write your answers as a group on your shift.

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.

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.

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

- 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

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

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.

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.

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.

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.

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: ?