Anatomy of an Investigation
Crime Scene
Crime scenes are often permeated with fear, anger, grief and gruesome sights. In many cases the crime scene holds the only key to solving the crime. Amid all this confusion and mayhem, investigators have to make decisions that can make or break a case, it is therefore critical that first investigative responders maintain a sterile scene from arrival. Civilians present at the scene may volunteer statements, attempt to discard would be evidence or refuse entry. It is imperative for first responders, investigators and those holding scene preserving authority to understand the scene maintaining powers bestowed by statute. s2c© outlines all statutory powers pertaining to scene integrity, including power of entry, designating directions from senior investigators, time constraints, Court orders and powers to refuse access and remove interfering individuals from crime scenes. The most compelling evidence may prove inadmissible or worthless when obtained in contravention of statutory powers
Enquiries
The category of offence and weapon used often determine the course of an investigation. Many powers are offence specific, certain investigative powers can be invoked for indictable offences that cannot be invoked for summary offences. The investigation of the more serious offences may entail obtaining phone records, searching premises, vehicles, obtaining financial records, surveillance, use of informants, downloading cctv images, analysing computer data, medical records, etc. Most of these enquiries warrant legislative or administrative authority. s2c© sets out such authorities, power to obtain phone records, proofs regarding phone data, powers to search premises,vehicles, powers and proofs in financial records. s2c© outlines the different categories of warrants, issuing authorities, time limits, proofs for computer generated data, - proofs required to render photographs, videos, maps and foreign documents admissible. Most of what any investigator needs to know to seize and obtain the evidence is outlined comprehensively with associated citations, where applicable.
He who profits from crime, commits it.
Seneca ( Roman Philosopher )
Arrests
Where enquiries generate a suspect(s) the next investigative step is to arrest that individual or individuals. Again the type of crime or weapon used often determines the power of arrest to be invoked. Some offences provide power of detention for up to 72 hours others for 12 hours. s2c© outlines both specific and general powers of arrest and powers of arrest at Common Law. Associated powers regarding warrants to re-arrest persons previously detained and those imprisoned are detailed on our s2c© application, with powers to seize pertinent biological and other specimens enumerated. Powers of arrest for offences against the state legislation and for offences outside the jurisdiction are set forth.
Detention
Undoubtedly the most precarious stage of the investigative process is the detention period, because it is a period of legislative saturation, custody regulations, interview regulations, forensic legislation and judges' rules. A breach, error, or non-compliance with this plethora of obligations, rules and regulations can and has regularly resulted in the non-admissibility of specimens, statements and exhibits at trial. s2c© meticulously documents all powers of detention known on the statute books. Powers to obtain all forms of relevant biological specimens are individually set out with conditional consents, authorities, information for detainees and custody regulations. The Judges Rules' pertaining to statements from suspects and the admissible modes of presenting exhibits and accomplice statements are detailed. Legislation regarding the forceful obtaining of certain samples, access to solicitors and applicable Court decisions on these matters are comprehensively displayed - affording consolidated reassurance to those legislatively bound to administer these varying tasks.
Incident Room Co~ordination
The hub of any investigation is the incident room, wherein all statements, reports, intelligence, records and exhibits are accessed, indexed, categorised, managed and filed. Incident room co~ordinators have the onerous task of assembling the investigation file, a process which may entail verifying the chain of evidence of hundreds of exhibits, identifying omissions in statements and rectifying such with additional and clarification statements. Data, including medical, financial, and computer records require additional consents and proofs and further warrants, orders, searches, arrests and detentions are organised from the incident room. To undertake the management of any investigation, the incident room co~ordinator requires an all encompassing knowledge of relevant procedures and processes over all the disciplines inherent in presenting an investigation file whose content will eventually form the Book of Evidence. s2c© contributors have undertaken investigations of the gravest magnitude and presented evidence to the highest Courts and from their submissions, s2c© presents several modules, covering the need to know proofs / rules of evidence / legislation / procedures and precedents, integral in the progression of any investigation from it's genesis to it's judicial conclusion..
The Courts
Trial represents the final stages of any particular case. Preliminary examination is the process by which a defendant is sent forward for trial. With a date for trial set, there is usually additional evidence to be served, disclosure of material to be made and is some instances pre-trial applications under mutual assistance and other legislation. s2c© outlines the amended process of preliminary examination and details the manner of service of additional evidence both before and during trial, together with the modes of serving material as disclosure and Court decisions relating to issues that evolve during these processes.
The concept behind s2c© is the bringing together of an all incorporating package of legislation, precedent, proofs, presumptions, definitions and processes that are integral to the progression of any investigation from the scene to the Court. The result is a an all encompassing package, with all the elements outlined in a simple to use, easy to understand, rapid displaying software application, which enhances the investigative, preparatory and prosecutorial stages of criminal matters -