THE APPLICATION OF PHOTOGRAPHY

IN TACKLING EMERGING CRIME

Paul Michael Gilmour

Associate

The Royal Photographic Society

May 2017

Copyright for this thesis rests with the author and other copyright owners. A copy can be downloaded for personal use without prior permission or charge however, cannot be reproduced without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially without permission.

When referring to this work, please cite as follows:

GILMOUR, P. M. (2017). The Application of Photography in Tackling Emerging Crime, A thesis submitted for Associateship of The Royal Photographic Society, pagination.

© 2017

Paul Michael Gilmour

ALL RIGHTS RESERVED

To dad, in loving memory,

Squibbs xx

ABSTRACT

The cost of crime to the world economy is significant. As crime has evolved it has become more organised and increasingly cyber enabled and is committed across borders of law enforcement jurisdictions. Furthermore, the social, political, financial and technological demands facing crime investigators are increasing. However, little attention has been given to the ways in which photography can help tackle emerging crime. This study examines the current literature to enable a thorough understanding and evaluation of current theory and context. The study focuses on key advancements in imaging science and discusses the benefits of photography in a wider range of crime investigations. It acknowledges the challenges that the criminal justice system has to deal with and examines them with references to case studies. Overall, this study makes a significant contribution to the understanding and application of forensic photography. Photography plays a key role but must embrace continual change to ensure that it remains relevant to modern policing. Fresh approaches are essential and practitioners must fully utilise new technologies and be accepting of increasingly demanding social expectations.

ii DECLARATION

I hereby declare that this paper submitted for Associateship in the category of Research, Education and Applications of Photography has been composed solely by myself and has not been accepted in any previous application for any award of degree, professional qualification or photographic distinction. All work presented in this paper was, unless acknowledged, completed by myself and represents original research. All sources of information in the text have been acknowledged by reference. In addition, all the images that appear in this paper are my own except the ones that have been acknowledged, and permission to use these images was kindly granted.

Paul Michael Gilmour

2017

iii ACKNOWLEDGEMENTS

I wish to thank all those who have helped me along the way.

First, I would like to thank the staff and council at The Royal Photographic Society, who supported me during my tenure as regional organiser, especially Andy Moore LRPS, Vanessa Slawson FRPS, Dr Del Barrett ARPS, Walter Benzie Hon FRPS and Emily Mathisen. Thanks too to Susan Brown FRPS, Dr Michael Pritchard FRPS, Dr Mark Buckley-Sharp ARPS and Professor Elizabeth Edwards for their advice about the Society’s distinctions. I also wish to thank colleagues and friends within the society: David Ashcroft LRPS, Dr Lilian Hobbs LRPS, Dave Peckham, Martin Silman and Kate Lomax LRPS.

I would also like to express my sincere gratitude and appreciation to the late Dr Martin Tunley of Portsmouth University, Marie Durina of Riley Welch LaPorte & Associates Forensic Laboratories, Susan Winter of the Environment Agency, Stephanie Rankin of Locard’s Lab blog and Victor Stern of Ekofastba S.L. for providing helpful references in specialist areas of research and for kindly granting permission for the use of images.

Above all, I thank my wonderful wife and children for their patience, understanding and support throughout.

iv TABLE OF CONTENTS

List of Figures ...... vi

List of Abbreviations and Acronyms ...... vii

Glossary of Terms ...... ix

Chapters

1. Introduction ...... 1

2. Emerging Crime Trends ...... 3 2.1. Background and Current Position ...... 3

3. A Modern Approach to Forensic Photography ...... 6 3.1. From Crime Scene to Court ...... 6 3.2. Creative Use of Photography ...... 17 3.3. Painting with Light ...... 19

4. Alternative Light Techniques ...... 26 4.1. UV/IR Photography ...... 26 4.2. Raman Spectroscopy ...... 34 4.3. Hyperspectral Imaging ...... 37

5. Aerial Photography ...... 40 5.1. Remote Sensing using Hyperspectral Imaging ...... 40 5.2. Landsat ...... 44 5.3. Light Detection and Ranging ...... 45 5.4. Geotagging ...... 48 5.5. The Use of Drones ...... 50

6. Forensic Videography ...... 54 6.1. CCTV Surveillance ...... 54 6.2. Augmented Reality Survey Cameras ...... 54 6.3. Body-Worn Video ...... 56 6.4. Gait Analysis and Facial Recognition ...... 58

7. Challenges for the Criminal Justice System ...... 62

8. Conclusions ...... 67

About the Author ...... 69

References ...... 70

v LIST OF FIGURES

Figure 1. The Bertillon system ...... 8

Figure 2. The three-shot rule of forensic photography (long-shot) ...... 14

Figure 3. The three-shot rule of forensic photography (middle-shot) ...... 15

Figure 4. The three-shot rule of forensic photography (close-up) ...... 16

Figure 5. Flash exposure (direct flash from the front) ...... 20

Figure 6. Painting with light ...... 21

Figure 7. Hair photographed using overhead lighting ...... 23

Figure 8. Hair photographed using low-level side lighting ...... 24

Figure 9. The electromagnetic spectrum of light ...... 27

Figure 10. Cheque photographed using visual light ...... 32

Figure 11. Cheque photographed using infrared light ...... 32

Figure 12. Raman Spectrograph ...... 35

Figure 13. Hyperspectral aerial image of crops ...... 42

Figure 14. LIDAR aerial photograph ...... 47

vi LIST OF ABBREVIATIONS AND ACRONYMS

1:1 Life-size magnification

.mov Movie container format file

.mp4 Motion Picture container format video file

AR Augmented reality

Brexit Britain exiting the European Union

CBE Commander of the British Empire

CCD Charge-coupled device

CCTV Closed-circuit television

CSI Crime scene investigator

EU European Union

GDP Gross domestic product

GEO Geocache manager database file

GeoTIFF Georeferenced tag image file format

ICO Information Commission’s Office

IR Infrared

LANDSAT Land to satellite

vii LCTF Liquid crystal tunable filter

LIDAR Light detection and ranging

NHS National Health Service

OSC Office of Surveillance Commissioners

PIP Professionalising Investigation Programme

RIPA Regulation of Investigatory Powers Act

SOCO Scenes of crime officer

T Time camera setting

UAV Unmanned aircraft vehicle

UNODC United Nations Office on Drugs and Crime

viii GLOSSARY OF TERMS

Anthropometric A term to describe the measurement of the size and proportions of the human body.

Ballistics The science or study of the motion of projectiles, such as bullets, shells or bombs.

Bertillonage The system of making anthropometric measurements of criminals, as originally developed by Alphonse Bertillon.

Bulb A setting of a camera that allows for the camera shutter to remain open for any length of time to enable long shutter speeds.

Cantorial Relating to a cantor – a person who sings solo verses or passages to which the choir or congregation respond.

Confocal Of one focus point. In optics, one focus or image point of one lens is the same as one focus of the next lens.

Contraband Smuggled or stolen goods, considered too dangerous or offensive in the eyes of the legislator.

Corpus delicti Latin: Body of a crime. The foundation or material substance of a crime.

Counterfeit Made in imitation of something valuable with the intention to deceive or defraud.

ix Cybercrime Crime committed with the use of computers or the internet.

Daguerreotype A photograph taken by an early photographic process employing an iodine-sensitised silvered plate and mercury vapour.

Europol European Union law enforcement agency.

Exploitation The action or fact of treating someone unfairly or neglectfully in order to benefit from their work.

Fast-track action An urgent police enquiry.

Fluorescence The emission of light by a substance that has absorbed light or other electromagnetic radiation.

Fraud Wrongful or criminal deception intended to result in financial or personal gain.

Human trafficking The trade of humans, most commonly for the purpose of sexual slavery, forced labour or sexual exploitation for financial gain.

Infrared Electromagnetic radiation having a wavelength just greater than that of the red end of the visible light spectrum but less than that of microwaves, about 800 nm to 1 mm.

x Lithograph A print produced by the process of writing on a flat surface, such as a specially prepared stone with a greasy or oily substance.

Macro Very large in scale or capability.

Mens rea Criminal intent.

Money laundering The process by which property derived from criminal conduct is made to appear as though it was derived from a legitimate source. It includes offences defined under sections 327- 329 of the Proceeds of Crime Act 2002.

National Crime Agency The national law enforcement and police agency of the United Kingdom.

Orthophoto An aerial photograph that has been corrected by software so that the georeferences and scale are uniform.

Papyri A material or document made from pith or the stems of the sedge used by ancient Egyptians, Greeks and Romans, especially to write and paint on.

Polymer A large molecule consisting of repeating sub- units. Used in making plastic materials.

Questioned document A document whose authenticity is disputed.

xi Ransomware Malicious computer software designed to block access to a computer until a sum of money is paid.

Terrorism Unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims.

Thin-layer chromatography The separation of mixtures into their constituents by preferential adsorption by a solid. Here, glass plates coated with thin layers of alumina, silica gel or cellulose are used as the adsorbent.

Toxicology Science dealing with the effects, detection and metabolism of poisons and antidotes for them.

Vegetation index An indicator that describes the relative density and health of vegetation for each picture element, or pixel, in a satellite or other remote image.

xii Chapter 1: Introduction

CHAPTER 1

INTRODUCTION

Despite the social, political, financial and technological challenges facing crime investigators, photography continues to play an important role in tackling emerging crime; however, continual change must be embraced to ensure photography remains relevant to modern policing.

The consensus is that photography is key in crime investigations. From showing the devastation that road crashes can cause to corroborating the injuries sustained by a domestic violence victim, a photograph paints a thousand words.

Photographs greatly help in showing a clearer picture of how the crime was committed and put the physical evidence left at the scene into context with its surroundings. They not only aid in the presentation of evidence in investigations and to a jury during court proceedings, but their use has been instrumental in securing prosecutions at court.

However, how photography is applied continues to be challenged by the criminal justice system and by society as a whole. The impact that photography has on a prosecution case is often underestimated.

Limited research had been undertaken on how photography could aid crime investigation in the future, in particular in tackling emerging crime types. Little consideration has been given to understanding how photography could be adapted and used in the current approach to fighting crime to meet the ever- changing trends in new crime patterns and investigation methods.

It is important to consider how photography will help in meeting the future challenges of emerging crime trends, in particular cybercrime, organised crime and terrorism, and in countering fraud. The demands that these crimes place on

Chapter 1: Introduction investigators, within the police service but also in other law enforcement agencies, organisations and security services, is continually changing and increasingly difficult to overcome.

The work described in this thesis was therefore initiated by the following questions: How is photography currently applied in volume crime and how has it evolved? What are the main procedures and techniques used today and what challenges do investigators face? Lastly, and more significantly, how will current practices tackle emerging crime?

The thesis explores the many challenges facing the criminal justice system, specifically looking at perceptions of society with reference to case law examples.

Therefore, new thinking about the development of photography is key in ensuring photography remains an essential tool in investigating crime. Although this study focuses on these key emerging crime trends and how photography can be used to tackle them, the benefits of photography to a wider range of crime investigations are also discussed.

A wide-ranging review of the current literature was conducted so that a thorough understanding of the subject could be gained and an evaluation of current theory made. The paper was referenced from a range of resources, including academic papers on crime, imaging science and the history of forensic photography.

This thesis aims to draw clear conclusions from the findings and thus to contribute significantly to the understanding and application of forensic photography. Furthermore, it aims to be useful for specialists and non-specialists in the field, while also being relevant to modern and future policing.

Against this background, the following section will provide an overview of the current position of emerging crime trends in the United Kingdom and across Europe.

2 Chapter 2: Emerging Crime Trends

CHAPTER 2

EMERGING CRIME TRENDS

2.1. Background and Current Position

Each year, the European Police Agency; the law enforcement agency of the European Union, commonly known as Europol, publishes its analysis of emerging crime trends in the ‘The EU Serious and Organised Crime Threat Assessment’ report. This report identifies the prevailing threats which would require the greatest concerted action by EU member states to ensure the most effective impact on lesser and more general crime threats. Much of their assessment identifies key priorities which stand out against other threats due to their impact on society (Europol, 2017).

Recently, the National Crime Agency (NCA) in the United Kingdom published its ‘National Strategic Assessment of Serious and Organised Crime’ report, which highlighted keys areas of crime that are considered priorities for law enforcement in the UK (National Crime Agency [NCA], 2016).

The current thinking about law enforcement here in the United Kingdom is that priorities should be based on factors of risk and harm to society, national and international security and the national economy. The cost of serious and organised crime for the UK is assessed as being in excess of £24 billion (NCA, 2015; HM Government, 2015). A total of 234,123 frauds were reported to Action Fraud in 2014/15 alone, with a total loss of £1.48 billion (NCA, 2016). Crime has become far more organised in nature, is commonly cyber enabled and is increasingly committed across borders of law enforcement jurisdictions. New types of crime are emerging because of this which require new methods of investigation.

3 Chapter 2: Emerging Crime Trends

Emerging crime trends considered priorities include the following (Europol, 2017; Interpol, 2017; NCA, 2016):

 Human trafficking, which includes the facilitation of illegal immigration and human slavery and sexual exploitation.

 Intellectual property crime; counterfeit goods and contraband that has an impact on public safety.

 Cybercrime; offences under the Computer Misuse Act 1990, such as online hacking, the use of ransomware and other malware software; cyber-enabled fraud; and online child sexual exploitation and pornography.

 Fraud, in particular document fraud, such as forgery; and money laundering.

 Terrorism.

 Trafficking of firearms.

 Organised cross-border and international crime; organised property crime, such as burglary and trafficking in cultural property, such as the importation of historical artefacts and art.

 Drug production, trafficking and distribution.

 Environmental crime; illicit waste trafficking and the trade in endangered species.

With the emergence of new types of crime and increasingly sophisticated techniques used by criminals, the way photography is applied has also needed to evolve. Traditional techniques used by forensic photographers continue to be

4 Chapter 2: Emerging Crime Trends used daily, and the way they are applied has become more creative and effective in presenting the evidence. Because these emerging crimes are creating new challenges for police investigations, the application of photography must embrace innovative thinking and constant change in order to meet those challenges.

5 Chapter 3: A Modern Approach to Forensic Photography

CHAPTER 3

A MODERN APPROACH TO FORENSIC PHOTOGRAPHY

3.1. From Crime Scene to Court

In the 1840s the police used photography to record mugshots of suspects (Harding, 2013). By 1857 the New York police had adopted the practice, opening a gallery so that the public could come in to see the daguerreotypes of what modern author Mark Michaelson (p. 13) calls “hookers, stooges, grifters and goons”.

During the 1870s French police officer and criminologist Alphonse Bertillon developed an anthropometric system of recording criminals (Cellania, 2014; National Law Enforcement Museum, 2011b). Physical measurements of body parts, especially the ears and face, were recorded alongside a mugshot of the criminal and stored for future reference. Photographs consisted of a portrait mugshot of the subject from the front complemented by a side profile view. He developed this method further in the photographing of crime scenes. Measurements of body parts and the wider crime scene were compared with wide-angle views of the scene (National Law Enforcement Museum, 2011a).

Bertillon insisted on ensuring there was a standard focal length, even and consistent lighting and a fixed distance between subject and camera. The subject was photographed in both profile and front views for ease of identification. He organised grids of the head using sectional photographs, as the brow largely remains the same throughout life. He did the same with other body parts which rarely change throughout life and are unique (National Law Enforcement Museum, 2011a).

6 Chapter 3: A Modern Approach to Forensic Photography

Bertillon later devised a method to document and study the victim’s body and the circumstances of death. He fitted his large format camera with a wide-angle lens and placed it on a tall tripod directly over the body. Using this technique, a police photographer was able to make top-down views of the crime scene to record all the details in the immediate vicinity of a victim’s body (Figure 1). Early in the 20th century, police departments began to use Bertillon’s method to photograph murder scenes (Health, 2006; National Law Enforcement Museum, 2011b).

This system, invented in 1879, became known as the Bertillon system, or ‘bertillonage’, and quickly gained wide acceptance as a reliable, scientific method of criminal investigation (National Law Enforcement Museum, 2011b). It was during this time that police forces across Europe started taking notice and also began to implement these methods and systems to create a ‘rogues’ gallery (Byrnes, 1886).

7 Chapter 3: A Modern Approach to Forensic Photography

Figure 1. The Bertillon system. This image shows Alphonse Bertillon posing for the camera positioned for a front-on self-portrait view. A camera mounted on a tripod above a subject on the floor demonstrates the bertillonage method, as developed by Alphonse Bertillon. This image was used in Alphonse Bertillon’s exhibition at the 1893 World’s Columbian Exposition in Chicago (U.S. National Library of Medicine, 2017).

This routine later gave way to the development of photography as a more creative tool in recording crime scenes. A greater understanding of forensic science and advancements in technology have allowed photography to be applied currently in many areas of crime investigation (Harding, 2013).

It is widely believed that photography continues to play an important role in documenting crime scenes. During the early stages of an investigation the scenes of the crime are identified. What constitutes a ‘scene’ is not defined in law, but is considered to be anything or anywhere that needs preserving as evidence and for what it can yield in terms of clues for the investigator (Association of Chief Police Officers [ACPO], 2005; National Forensic Science Technology Centre [NFSTC], 2015). This can vary from the location where the crime took place (the crime scene in the traditional sense) to objects, such as a discarded murder

8 Chapter 3: A Modern Approach to Forensic Photography weapon, or persons treated as victims or suspects. All these ‘scenes’ can be photographed in certain ways that preserve, document and reveal key evidence for the investigation (NFSTC, 2015).

When the initial report of a crime is made to the police, information is gathered and recorded, typically by the call handlers over the telephone. The location of a possible crime scene may be identified, along with who the victim is and who the suspect may be. Depending on the crime type reported, other scenes are considered, which may include, for example, a knife used in a wounding or homicide, or a getaway vehicle used in a ram-raid burglary. On dispatch, attending officers will consider all the information received in the initial call to evaluate how to treat the crime scene and how to identify any lines of enquiry that need to be fast tracked or are a particular priority. It is the completing of these ‘fast-track’ actions that ensure that key evidence is preserved and not lost, particularly in that ‘golden’ hour immediately after the initial report by the informant. Starting an investigation as soon as possible after an offence has been committed will enhance the investigator’s opportunity to gather the maximum amount of material and is when material is abundant and readily available to the police (ACPO, 2005).

The overriding priority of any police officer when attending a scene of an alleged crime is to save life; a principle embedded in the oath of the Office of Constable, even if this means disturbing the scene or losing key evidence (ECHR Article 2 Human Rights Act 1998). It is the role of the scenes of crime officer (SOCO) or crime scene investigator (CSI) who is called to the scene to preserve as best they can what forensic evidence is left. This can be particularly challenging, especially if the environmental conditions are difficult or the weather is poor. This places time restraints and pressure on the photographer. The photographer may also be dealing with distractions due to requests from the senior investigating officer in attendance or indeed members of the public trying to interfere at a cordon boundary and asking questions. It may be difficult to accurately represent the scene for a later court hearing if persons already at the scene have disturbed what

9 Chapter 3: A Modern Approach to Forensic Photography is there. This is true with any scene, whether crime or road traffic related. For this reason, a separate scene guard officer or officers will remain to ensure the safety of the scene and will be in charge of a running scene log to ensure continuity of evidence (Ludwig, Fraser & Williams, 2012). Agreeing a ‘common approach path’ for all officers to take to and from the focal point of the scene is understood to be the general rule when managing the scene as this minimises disturbances of crime scene evidence (ACPO, 2005; Jackson & Jackson, 2004; White, 2010).

The techniques used in photographing ‘crime’ scenes and road traffic collisions are similar; however, it is how they are applied which may differ. New information may come to light, resulting in new crime scenes being declared at any stage of a police investigation (ACPO, 2005). Closed-circuit television footage, for example, may be collected which identifies a new suspect. The action of obtaining a witness account may reveal new, key information. The role of the photographer, the techniques that they apply and the presentation of the photographic evidence are essential for any investigations and subsequent court trial (ACPO, 2005).

Forensic photographers use professional or semi-professional grade equipment incorporating the latest technology. This includes 35 mm digital camera bodies and lenses to cover a range of focal lengths. Modern digital technology enables the photographer to quickly photograph the scene, review the results and remain until they are satisfied that the necessary evidence gathering is complete. Digital photography removes the uncertainty of the film processing of the past. When film was used, evidence may have been lost as the photographer did not have the luxury of being able to revisit the scene.

Modern crime scene investigators (CSI) will often take on the role of both photographer and forensic science scene examiner. The crime scene investigator can use all of their specialist training obtained in a range of fields and can also provide extra flexibility to the investigation and creativity to the photography. A

10 Chapter 3: A Modern Approach to Forensic Photography challenge facing many police forces is how modern CSIs are perceived by other colleagues and how they understand their role. Ludwig et al. (2012, p. 16) concludes that many CSIs perceive their roles as being only an ‘evidence collector’, a perception which may result in creative opportunities being dismissed (Ludwig, 2012). Ongoing training and support within the organisation is needed to alleviate these concerns.

Photography is key to how much of the evidence is presented at court. Anyone in the court, the jury included, will consider the evidence in different ways – some may not fully appreciate the significance of the evidence or the context without the use of photographs. Photographs allow the prosecutor to present the case to the court professionally and competently. They aid the prosecutor in making arguments on many points of law and covering legal issues that affect a case. Being able to prove a defendant’s mens rea; that is, their ‘state of mind’ (Connor et al., 2010); or indeed strengthening the reliability of witness evidence are such examples (Police National Legal Database [PNLD], 2017a).

As Alphonse Bertillon realised in the 1870s, photographs could have a psychological influence, either on the accused, by inducing a confession, or on judges: “A good photograph will often advantageously replace the longest of prosecution speechs”, wrote German-Swiss criminologist Rodolphe Archibald Reiss (Di Giovanna, 2015). Moreover, such a photograph is “a permanent reconstruction of the scene, always to hand for the investigating magistrate” (Lebart, 2007). Bertillon’s images in a grid certainly allowed the police to replicate the crime scene in court (Mallonee, 2015).

Photography is crucial in proving the most important facts of a case. It is argued that witness evidence is inevitably unreliable due to many factors; mere human nature, poor memory recall, contamination of witness evidence or fear (Claire, 2012; Glegg, 2013). The Devlin report of 1976 concluded that no conviction should be made through eyewitness evidence alone (Rowley, 2009). It was also concluded that a trial judge should point out that confident eyewitnesses may be

11 Chapter 3: A Modern Approach to Forensic Photography mistaken and instruct a jury to consider carefully the circumstances of the identification (Valentine, 2006).

A useful view of witness reliability was seen in the commercial case of Gestmin SGPS S.A v Credit Suisse (UK) Limited [2013] EWHC 3560 (Comm). In passing his judgement, his honour Judge Leggatt said, “An obvious difficulty which affects allegations and oral evidence based on recollection of events which occurred several years ago is the unreliability of human memory.” In his summing up of this case, Leggett concluded that the best approach for a judge to adopt in the trial of a commercial case is to place little, if any, reliance on witnesses recollections of what was said in meetings and conversations, and to base factual findings on inferences drawn from the documentary evidence and known or probable facts (De Saulles, 2016; Maples & Lund, 2014).

Photography is widely acknowledged to be an accurate and reliable source of documentary evidence in many prosecutions (Singh et al., 2012). Only with the advent of photography were broader kinds of visual representations such as maps and diagrams conceptualised as evidence, their evidentiary value deemed significant enough to be fought over and their improper inclusion or exclusion deemed worthy grounds for appeal in court (Mnookin, 1998).

Mnookin (1998, p. 6) argues that with ever-increasing frequency, judges are required to make legal sense of new technological forms. Therefore as crime investigation continues to rely more on advances in photography, the courts will continue to scrutinise in greater detail its worth as a form of documentary evidence.

Furthermore, Thompson (2008, p. 29) cites Burns and Katovich (2006), Clark (1997) and Konstantinidou (2007) as concluding that photographs cannot be truly objective but instead have meaning constructed within them as a result of photographic language and convention combined with more sociological signs and codes, such as dress, landscape and body language. How a photograph is

12 Chapter 3: A Modern Approach to Forensic Photography perceived in a court, or indeed whether it is admitted as evidence in court at all, is influenced by the use of a scale (Thompson, 2008).

Likewise, Robinson (2007, p. 570) states that to be admissible in court as evidence, an image or photograph has to be a fair and accurate representation of the scene.

Therefore, best practice is to ensure that there is a control for comparison while taking photographs. The use of a simple ruler marked with an appropriate unit standard should aid in this regard. A ruler will add scale to what is being photographed; whether it be a victim’s injury, a weapon found at a scene or a minute trace mark. Photographing the scene in situ with a ruler will provide an analytical measurement of the evidence. There is a strong possibility that this will improve the chances of the photography being considered reliable and used as evidence in court. Furthermore, it will also help in putting the evidence into context in relation to the wider crime scene.

A general rule when photographing a scene is to take three shots, known as the three-shot rule; one long range, one medium and one close up, as demonstrated in Figures 2, 3 and 4 (Langford, 2010; Pearson, n.d.). Take, for example, a wounding investigation and the discovery of a discarded weapon. The long-range photograph is taken to enable the viewer to identify the general surroundings where the exhibit is located. The medium shot identifies the exhibit placement and anything immediately surrounding it. The close-up is taken to show the exhibit itself and further detail such as its condition, identifying marks or serial numbers and blood stains or fingerprints. A ruler is placed alongside this close- up to add scale (Langford, 2010).

13 Chapter 3: A Modern Approach to Forensic Photography

Figure 2. The three-shot rule of forensic photography (long-shot). This is a long-range image of a crime scene where a discarded weapon was found and was photographed using a wide-angle lens. The long-shot provides an overview of the crime scene but fails to indicate where the discarded weapon was located within the scene.

14 Chapter 3: A Modern Approach to Forensic Photography

Figure 3. The three-shot rule of forensic photography (middle-shot). This is a mid-range image of a discarded weapon (screwdriver with red tip, middle-left area of photograph) found at a crime scene. The image shows the item of interest at the scene in context with its surroundings and where it is positioned.

15 Chapter 3: A Modern Approach to Forensic Photography

Figure 4. The three-shot rule of forensic photography (close-up). This is a close-up image of a discarded weapon found at a crime scene. A measuring ruler is placed next to the item being photographed to show scale.

Nevertheless, there are other considerations when applying photography to a crime scene. For example in any fire investigation it is important to establish the seat of the fire, or the corpus delicti (facts or circumstances) of the crime (Kennedy, 1955–1956). Images that depict the seat of the fire are important in understanding a possible cause of the fire. Photographs of cans of accelerant that are foreign to the scene or burnt patches of a bed mattress, or a close-up of a burnt electrical fuse box, are examples that show how photography can help in reaching a conclusion about a possible cause. This may be the case with fires, where there is often an absence of any forensic evidence (Cafe, 1988). A fire of long duration with plenty of fuel and oxygen will leave little evidence to determine the cause of the fire and any accelerant that may have been used will have been quickly consumed (Cafe, 1988).

16 Chapter 3: A Modern Approach to Forensic Photography

A wide-angle view of the scene both inside and out assists in portraying any fire scene. The photographer is not under any time pressure as they will only be allowed access when the fire and rescue service deems it safe to approach or enter the scene. The crime scene investigator therefore has time to consider their forensic strategy (ACPO, 2005).

3.2. Creative Use of Photography

The use of creative techniques allows the photographer to have control over and flexibility in how the image is made. It plays a huge part in influencing how that scene is interpreted by its audience. This is important if the resulting photograph is used as key evidence in court.

Specialist 1:1 macro lenses can reveal fine detail in trace evidence marks and objects close up (Robinson, 2007). Good examples of this are being able to reveal the unique rifling of a bullet discharged from the barrel of a gun in a homicide case or aiding in creating a mechanical match between parts of a broken knife blade in a stabbing.

French professor of medicine Victor Balthazard studied body hairs under optical and electronic microscopes around the turn of the 20th century. He found that circumstantial trace evidence could be found and photographed on hairs that could then help identify the nature of a crime and suspects, and could be used as evidence in court. This led to the conviction of Rosella Rousseau, a French citizen who was prompted to confess to murder in 1910 (Tilstone, 2006). Victor Balthazard also realised, in 1912, that tools used to make gun barrels never leave the same markings and that individual gun barrels leave identifying grooves on each bullet fired through it. He developed several methods of matching bullets to guns via photography. Using bullets that were test fired, he compared a series of photographs which were then enlarged and the observed markings examined. He applied the same photographic techniques to examine and identify cartridge casings using firing pin, breech face, ejector and extractor marks in an attempt

17 Chapter 3: A Modern Approach to Forensic Photography to match a bullet to a weapon. His ground-breaking work in the application of photography has contributed to today’s correct understanding of ballistics (Tilstone, 2006).

The choice of lens focal length determines factors such as the magnification and perspective. It is always imperative to show the scene as accurately portrayed and true to its surroundings (Pearson, n.d.). When photographing a scene, the use of a standard 50 mm lens or moderate wide angle is preferable instead of any extreme focal length as this will ensure perspective is not distorted (Pearson, n.d.). The same is true when positioning the lens relative to the object being photographed, as this too has an effect on perspective and can distort the viewer’s perception. Garvey-Williams (2014, p. 100) proposes that the reason for this ‘perspective distortion’ is not the use of a short focal length lens but the tilt of the lens required to contain the subject within the frame (Garvey-Williams, 2014).

Furthermore, the choice of lens is important in establishing a sufficient angle of view of the scene to establish scene boundaries. It aids in identifying the common approach path the attending officers took when entering the scene in case this is questioned later in court. It also assists in easily establishing points of entry and egress (CastleView Forensics, 2016).

A wide aperture is used to isolate objects from a distracting background to place emphasis on that object and its detail. Attention is then drawn to keys aspects of the evidence being photographed and how it is relevant as evidence in the case.

Depending on the seriousness of the crime, a tripod may be used to photograph a crime scene, although in many instances handholding is often both sufficient and preferable. The use of a tripod will help improve image sharpness by allowing the use of a cable release and longer exposures in low light conditions (Robinson, 2007). In addition, the use of a tripod allows the photographer time to frame the

18 Chapter 3: A Modern Approach to Forensic Photography image in the viewfinder and place plastic exhibit markers in the relevant areas to identify important places within the scene (Robinson, 2007).

3.3. Painting with Light

It is the ability to ‘paint’ a scene with light, however, which really allows photography to be used creatively and effectively (Duncan, 2015; Pearl, 2016).

A tripod coupled with the use of a long exposure is applied in many cases, such as at the scene of a homicide or a fatal road traffic collision. It allows the photographer to paint the scene with light – that is, to take multiple flash exposures and fill any shadows (Pearl, 2016). This reveals extra detail in the scene, particularly further away from the camera, for instance along a straight stretch of a rural road.

A flash gun or a number of flashes enables the painting of light around the scene during a long exposure (see Figures 5 and 6). The camera is set to either the ‘Bulb’ or a ‘T’ setting until the required number of flashes are obtained (Kramer, n.d.). A separate light meter aids with calculating the ambient light available at any given location and allows the photographer to fill in any deep shadows with the flash (Duncan, 2015). The strobe setting set at full power can be used, starting further away from the camera and sweeping back and forth towards the camera to allow for even illumination of the scene (Pearl, 2016).

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Figure 5. Flash exposure (direct flash from the front). This is an image of a scene illuminated using full-flash exposure directly on the subject, from the position of the camera. This technique shows that while flash illuminates the front of the subject well, it results in parts of the scene detail furthest away from the camera being lost in the shadows.

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Figure 6. Painting with light. This shows an image of a scene illuminated using multiple fill-in flash exposures. This technique has painted the scene with light to enable more detail to be revealed that otherwise would have been in shadow.

Moreover, many types of serious crime requiring a scene guard occur at night. The Police and Crime Committee for London (2016, p. 11) reported that the incidence of violence that happens in public places in London, for example, is higher in the evening compared than in the morning or afternoon. Finney (2004) argues that this trend is largely due to excess alcohol consumption fuelled by the night-time economy in towns and city centres. Figures obtained from the Office of National Statistics between 2005 and 2016 by Crime Surveys for England and Wales appear to support this conclusion (Office of National Statistics, 2017).

In contrast, according to statistics from the Department of Transport reported in 2015, road traffic collisions resulting in people being killed or seriously injured

21 Chapter 3: A Modern Approach to Forensic Photography are more likely to occur in the morning rush hours (between 8 a.m. and 10 a.m.) and in the evening rush hours (between 4 p.m. and 6 p.m.) (Department of Transport, 2015). It is clear to see that this will leave the photographer and investigators at the scene under pressure to gather as much evidence as possible during peak traffic times in order to prevent disruption to commuters and to the flow of traffic.

A high degree of flexibility is therefore needed to overcome the challenges that many crime types present for crime scene investigators.

At times, crime scenes need to be managed by the photographer in very low light conditions. This can prove difficult as the ambient light alone is often insufficient to provide enough exposure, especially for the part of the scene furthest away from the camera.

Other sources of light, for example domestic spotlights at scenes of burglaries, or roadside generators, can be used to the photographer’s advantage to illuminate part of the scene, thus enabling the use of a handheld flash to fill shadows created by the artificial light (Robinson, 2007). A handheld torch or other source of light positioned low down to the ground reveals shadows from objects left on the ground. This method is used to photograph footwear impressions in order to reveal tread patterns on soles. By adding contrast to the scene, this technique can help to identify the type of shoe that made the impression – the brand, year of manufacture and size of the shoe. An image taken before any plaster of Paris impression helps (Bertino, 2008). An image of a footwear mark, whether a footwear impression left in soil or that revealed from the dusting of forensic powder on a hard interior surface can then be compared with saved scans on the police database for intelligence purposes.

Such photography is vital in comparing footwear seized from persons arrested for a crime at any future stage. This same technique is used when photographing very small items of evidence against a black or otherwise dark background, such

22 Chapter 3: A Modern Approach to Forensic Photography as small hairs, strands of clothing or glass fragments (see Figures 7 and 8) (Bertino, 2008).

Figure 7. Hair photographed using overhead lighting. This image shows overhead lighting used to photograph the hair, which fails to isolate the hair against the dark background.

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Figure 8. Hair photographed using low-level side lighting. Low and side lighting can be useful in revealing the detail of items otherwise difficult to see, such as this hair on a dark marbled floor.

Modern forensic photography has evolved significantly since its origins in the 18th century. This evolution has allowed photography to remain relevant in today’s modern age by assisting crime investigators solve crime effectively. Photography remains an important skill in the collection of evidence and continues to play a vital role in presenting that evidence in court. In recent times, crime has become increasingly more complex in nature and is more difficult to solve because of the limited resources allocated to tackling crime. Without the use of photography, however, many cases would remain unsolved. The photographer needs to ensure that their understanding of their role in the investigation of crime remains relevant. Moreover, what is paramount is an appreciation that using photography alone is not sufficient; the application of science and an array of investigations skill are often also required.

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In this context of adaptation, we will now examine the various techniques in further detail and their apparent benefits and failings. We will explore how the application of photography depends on advancements in imaging science to keep abreast of new crime trends.

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CHAPTER 4

ALTERNATIVE LIGHT TECHNIQUES

4.1. UV/IR Photography

By 1920, American physicist Professor Robert Wood had invented a filter for ultraviolet transmission which excluded all visible light and established techniques of ultraviolet photography, infrared photography and ultraviolet fluorescence photography (Williams & Williams, 2002). Infrared film only became commercially available in the 1930s, when Kodak developed emulsions that were sensitive to infrared light. There were 33 types of black-and-white infrared film available from five different manufacturers by 1937.

As the understanding of science and technology developed, so did forensic photography, and applications of photography were being explored. During World War II, aerial photographs of bombing campaigns and air reconnaissance missions were made using infrared photography (Mallonee, 2015).

Infrared film was used by many experimental press photographers and police photographers at the time, who saw the benefits of using them. Infrared has the ability to reveal evidence such as injuries, fingerprints and bodily fluids not normally visible to the naked eye.

Meanwhile, many photographers were also able to experiment with the artistic side of photography. The use of both infrared and standard high-contrast black and white film allowed photography to show the stark and gritty realism of urban life, crime, injury and death.

An alternative light source is still used effectively to detect evidence that is difficult for the naked eye to see, therefore making the technique of applying it an important tool for investigators today (Lee & Khoo, 2010). Depending on the

26 Chapter 4: Alternative Light Techniques wavelength of light used, and with the aid of barrier filtration, which adds contrast, the illumination of trace evidence is revealed by the occurrence of fluorescence, phosphorescence, absorption and reflection. Barrier filters block (suppress) shorter wavelengths and have high transmission for longer wavelengths (Abramowitz & Davidson, 2013). This technique can be used on a wide range of evidence such as hair, glass fragments, fingerprints, gunshot residue and bodily fluids (Marin, 2013).

The wavelength of visible light in the electromagnetic spectrum ranges from about 380 nanometres (nm) to 750 nm (Figure 9). Alternative light sources such as those in the ultraviolet or infrared spectra are used where photography in the visible spectrum has failed (Mantu, 2015).

Figure 9. The electromagnetic spectrum of light. Ultraviolet radiation ranges from 10 nm to 380 nm, the visible spectrum from 380 nm to 750 nm, and infrared radiation from 750 nm to 900 nm (adapted from Lacroix, 2016).

Lamps that emit ultraviolet light in the longer UV 210 nm to 400 nm range are used for documenting injuries. Bruising, injuries caused by the use of a ligature and even bite marks that have since faded can be photographed using ultraviolet

27 Chapter 4: Alternative Light Techniques light because it can penetrate more layers of the human skin (Brown & Watkins, 2016). The application of this technique is affected by a number of factors: by the force used and often the health of the skin and age of the subject, for example. An elderly person with thinner skin will require a shorter exposure, whereas if there has been extensive haemorrhaging beneath the skin a longer exposure is required because blood absorbs light (Mantu, 2015).

UV photography is a useful technique as it can reveal injuries many weeks old, including those not obvious or fully developed at the time of the assault. The optimal time to photograph bite marks, for example, using UV is 4 to 6 weeks after the injury was caused (P. Clark, personal communication, May 3, 2013). However, as Sharma, Yadav, Singh, Aggarwal and Sandhu (2006, p. 70) highlight, this technique can demonstrate invisible bite marks up to six months after infliction (Sharma et al., 2006). Three-dimensional orthodontic impressions made by a forensic dentist can be compared to the photographs of the injuries. Moreover, as Gunn (2006, p. 107) argues, comparisons of the bite site and dental characteristics are usually done from two-dimensional photographs. Distortion of the bite site may be caused by bleeding, bruising and swelling as a result of the victim pulling away as the bite is inflicted. Gunn (2006, p. 108) cites Thali et al. (2003) as identifying that these problems could be at least partially overcome through the use of computer-based image-capture systems than enable three-dimensional records to be made.

Specialist digital cameras have been produced to photograph in an alternative light range, and these are used for forensic photography and medicine. Digital camera sensors are usually less sensitive to UV than to IR, and in 2006 Fuji produced the S3 Pro UVIR model, which was designed to cope better with this (De Broux et al., 2007). This model has no infrared blocking filter and was manufactured to have an extended ultraviolet sensitivity too. A later model based on the Nikon D200 (called the Fuji IS Pro) was produced by Fuji to offer more compatibility with Nikon lenses. Phase One digital camera backs can also be ordered in an infrared modified form. Richards and Leintz (2013) found the

28 Chapter 4: Alternative Light Techniques spectral purity of the light signal that reaches the imaging sensor to be a critical aspect of UV imaging systems. They concluded that using a very bright, monochromatic, LED-based light source compensates for transmission losses in the optics and colour filter arrays on converted DSLRs, which makes it possible to photograph a crime scene rapidly and without a tripod in many cases (Richards & Leintz, 2013).

Furthermore, studies have found that cameras can distinguish between different blood types (Kuula, 2011). Kuula (2011) found that Specim’s SWIR camera, which is sensitive to a wavelength of 1000–2500 nm, could separate four types of human and animal blood which were mixed in the same stain and absorbed into a fabric. However, none of the IR cameras he used could detect primer residue, untreated latent fingerprints, or blood that had been washed off (Kuula, 2011).

Even so, as Tahtouh, Kalman, Roux, Lennard and Reedy (2005) found, it is possible to treat latent fingerprints first by using the ethyl cyanoacrylate fuming method. On the other hand, his findings did not take into account the fact that when fingerprints are treated using ethyl cyanoacrylate, results cannot easily be repeated and the fingerprint may be contaminated or destroyed (Baig, n.d.).

It can be seen that in order to overcome this problem, alternative processes, such as staining using Sudan Black B and Gentian Violet reagents, could be used. However, the current laboratory formulation of Sudan Black B recommended by the Police Scientific Development Branch (PSDB) is highly flammable, while the gentian violet formulation is toxic, meaning that these processes cannot safely be used at scenes of crime. Similarly, the use of magnetic powders, as another alternative process, may destroy marks, and therefore photography should be carried out before powdering, if possible (Home Office Centre for Applied Science and Technology, 2013).

Consequently, increasing these kinds of additional processes and including them in the workload of investigators might increase the total time spent on

29 Chapter 4: Alternative Light Techniques investigation at the crime scene and make the whole examination process more complicated (Kuula, 2011).

The application of UV and IR goes beyond simply photographing assault victims. Any wound, whether it is relatively fresh or much older and therefore less obvious, can be photographed to aid in a wide range of investigations. For example, assaults can often occur alongside cases of human trafficking, which can lead to human slavery and child sexual exploitation (United Nations Office on Drugs and Crime [UNODC], 2009). Just as the use of UV and IR can help in establishing the key evidence of an assault on the victim, it follows that UV and IR can also lead to the potential identification of the offender(s), through bite mark comparisons (UNODC, 2009).

In addition, photography can support expert medical opinion in establishing an approximate age of the injury, which is particularly useful where it has been alleged that the injury was caused at the time of the trafficked person’s entry into the country (UNODC, 2009). This may lead to further lines of enquiry, such as gathering financial evidence of payments made to offenders for the facilitation of the trafficking or pinpointing a time to plan closed-circuit television (CCTV) opportunities.

False identity documents are often used by human traffickers to facilitate illegal immigration into a country (The Crown Prosecution Service [CPS], 2017). The commission of fraud and money-laundering offences also supplies organised crime groups with the funding necessary to facilitate these. The United Nations Office on Drugs and Crime (UNODC) estimates that the sum of money laundered globally amounts to between 2 and 5 per cent of global GDP or between €615 billion and €1.54 trillion each year (Europol, 2013).

Alternative light photography has been used for a number of years in the investigation of fraud, counterfeiting and forgery offences, in particular the

30 Chapter 4: Alternative Light Techniques examination of ‘false instruments’1 and other documents which purport to be something they are not (Doig, 2006). Braz, Lopez-Lopez and Garci-Ruiz (2013, p. 206) describe ‘questioned documents’ as any written document whose source or authenticity is doubtful (Braz, Lopez-Lopez & Garci-Ruiz, 2013). Broadly speaking, they can include cheques, identity cards, invoices and other handwritten forms that may have been be altered, falsified or copied to enable a deception (Sussex Police, 2017a).

By eliminating visible light by utilising filters, such as a Hoya R72 or Tiffen (Wratten) 89B, photographers are able to record images that the unaided human eye could not otherwise detect (De Broux et al., 2007; NFSTC, 2015). This reveals alterations in documents, such as overwriting and the use of erasers and different inks (see Figures 10 and 11). These filters effectively absorb most of the visible spectrum but allow infrared light to pass to the film or digital sensor (NFSTC, 2015). The use of black and white film sensitive to infrared light enables the application of this technique when the use of a specialist UV/IR digital camera is not available. The techniques used are largely the same whether a black and white film or a digital sensor is used. There are some important considerations to bear in mind for both, though (NFSTC, 2015).

1 An ‘instrument’ is defined in s.8 of the Forgery and Counterfeiting Act 1981 as any document, whether of a formal or informal character; any stamp issued or sold by a postal operator; any Inland Revenue stamp; any disc, tape, sound track or other device on or in which information is recorded or stored by mechanical, electronic or other means. It does not include a currency note within the meaning of Part II of the Act (Connor et al., 2010; Doig, 2006; Sussex Police, 2017a).

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Figure 10. Cheque photographed using visual light. This image shows a questioned cheque photographed in daylight visible to the human eye, and appears to show the payee as ‘Cash for John Smith’ and the amount drawn as $9000.00 (photography courtesy of Marie Durina, 2016).

Figure 11. Cheque photographed using infrared light. Figures 10 and 11 show how useful the alternative light technique is in the examination of questioned documents, revealing obliterations in the handwriting. Here, it can be seen that the questioned cheque has been altered to inflate the amount on the cheque during the commission of a fraud (photography courtesy of Marie Durina, 2016).

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Where film is used, it must be infrared sensitive. Conventional black and white films are sensitised to a practical limit of 680 nm (De Broux et al., 2007). The effective focal length of the lens used is different in infrared photography and therefore focusing needs to be adjusted. Many older manual focus lenses have what is called an ‘infrared shift mark’ imprinted on the lens barrel to aid focusing, but many newer lenses do not, and therefore practice is needed and there is an element of trial and error (De Broux et al., 2007; Hirsch, 2001). The use of a less oblique filter (such as a red one) enables the photographer to focus initially before replacing it with the infrared filter for the taking of the image. Using a small aperture of f/11 or smaller improves depth of field and somewhat compensates for the difficulty and errors in focusing (Hirsch, 2001).

It is important to reinforce the notion that forgery is about the actual document being false, i.e. being a lie in itself (for example an award certificate for someone that contains a false signature from an institution which that person did not attend); and not about a genuine document containing lies (for example a curriculum vitae listing A grades for the person’s exam results even though that person actually only obtained E grades in their exams) (Doig, 2006). These offences often rely on evidence to show how the false documents were altered, in order to reveal the dishonesty involved in making that document, and in this regard the use of UV/IR photography can help.

Even so, as Hilton (1993, p. 124) claims, there cannot be one single test, stating, “All potential tests for showing how a document was altered must be conducted.” Regardless of how a document is altered, all evidence contained within the document itself must be brought to light (Hilton, 1993).

Nevertheless, on balance, the evidence suggests that the use of UV/IR photography can still provide key evidence towards securing a conviction for forgery and related offences and remains a key tool in tackling these emerging crimes.

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4.2. Raman Spectroscopy

In fraud investigation, the imaging science technique of Raman spectroscopy is used in the examination of the chemical composition of ink used on questioned documents (Braz et al., 2013).

The chemical composition of the ink can be identified by observing what is known as inelastic scattering, or Raman scattering of monochromatic light, which usually comes from a laser in the visible, near infrared or near ultraviolet range. The laser light interacts with the molecular vibrations of the ink molecules, resulting in shifts of energy. This electromagnetic radiation energy is collected with a lens and passed through a monochromator (Allen, 2016; Braz et al., 2013).

A monochromator is an optical device that transmits a mechanically selectable narrow band of wavelengths of light or other radiation chosen from a wider range of wavelengths available at the input. The elastic scattering, or Rayleigh scattering, of the light that is reflected unchanged, on the other hand, is filtered out, while the remainder of the radiation is dispersed through a charge-coupled device (CCD) camera sensor which acts as a detector (Braz et al., 2013).

The resulting data can then be plotted on a graph, revealing a unique fingerprint that can be compared with a reference sample (Figure 12).

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Figure 12. Raman spectrograph. This example of a Raman spectrograph shows the detection of paracetamol, but can also be used in the detection of other drugs, bulking agents and inks on bank notes and questioned documents (photography courtesy of Stephanie Rankin, 2014).

Raman spectroscopy is not a new technique. Raman scattering was originally discovered by Indian physicist Sir Chandrasekhara Venkata Raman, which led to the Noble Prize award in 1930 (Wikipedia, 2017a). The development of the technology, including the advancement of CCD sensors, has allowed the technique to be applied in a variety of applications, from the food industry to forensic toxicology and, in recent years, in fraud investigation. Raman spectroscopy and other spectroscopy techniques are increasingly used in many other areas as the technique is developed (Braz et al., 2013).

This technique has also proven useful in the examination of drugs, gunshot residue in firearms offences and explosives in cases of terrorism. In fraud, it has been developed to be a highly accurate tool that can distinguish between many commercially available ink pens (Claybourn & Ansell, 2000).

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Furthermore, Claybourn and Ansell (2000) developed a method of chronological sequencing of intersecting ink lines using confocal Raman microscopy. A Raman microscope coupled with a Raman spectrometer to a standard optical microscope is used to allow high-magnification visualisation of a sample with a microscopic laser spot (Claybourn & Ansell, 2000).

Historically, the two most effective methods used for ink analysis have been optical and scanning electron microscopy. However, the development of an effective technique for reducing potential errors in ink analysis, particularly sequencing of intersecting lines, has been essential. Raman spectroscopy has now become the preferred method used to minimise errors in ink analysis and the sequencing of intersecting lines. It uses a non-intrusive probe, and the method is easy to use and is less time-consuming than other methods used for ink analysis, such as thin-layer chromatography (TLC) (Raza, 2012).

The added benefit of Raman spectroscopy, unlike thin-layer chromatography, is that Raman spectroscopy does not damage the document being examined (Allen, 2016; Raza, 2012). This enables Raman spectroscopy to be used in the examination of historic documents. One of the first applications of Raman spectroscopy was in the identification of pigments in art. Analysis of seven copies of the Bible, originally printed by Johann Gutenberg in Germany and located in various academic institutions and libraries, was carried out between 1452 and 1455. This analysis was carried out to determine the palettes of pigments used in the illuminated copies of the Bible. It established whether the palettes used in one part of Europe differed from those used in another in relation to determining the preferences in pigment use and resources used in book art, and was able to distinguish between the more precious copies and those subject to recent restoration work or contamination (Murcia-Mascarós, 2009).

Raman spectroscopy is currently used in the analysis of manuscripts and mediaeval cantorials, bibles, lithographs, papyri, stamps, easel paintings, ceramics and Egyptian artefacts (Clark, 2011). It has become established in the

36 Chapter 4: Alternative Light Techniques study of archaeology and is used by historians and on-site archaeologists; it would therefore be applicable in forensic archaeology in solving cold murder cases and missing persons investigations.

Furthermore, Raman spectroscopy is non-invasive and the camera detection technology used can be portable, meaning it can also be used to examine evidence found in situ, such as wallpaper and rock art, without removing it and risking damaging it. Even so, as Brunetti et al. (2016, p. 7) emphasise, there are drawbacks – including a reduced optical path and, therefore, a lower spectral range and resolution than in bench-top instruments, and a lack of available daylight shields or correction systems in portable systems (Brunetti et al., 2016).

It has been demonstrated that Raman spectroscopy has useful applications in tackling emerging crime, in particular investigations involving trafficking in cultural property, the illegal importation of historical artefacts, art and related forgery, and fraud and counterfeiting offences.

4.2. Hyperspectral Imaging (HSI)

Hyperspectral imaging combines standard digital imaging techniques with common spectroscopic methods, including Near-IR, Visible and Florescence imaging. It has increased sensitivity and can discriminate between samples compared to traditional imaging and detection methods. Like Raman spectroscopy, it does not compromise the integrity of the sample and allows for repeated examinations (ChemImage Corp, 2014).

An optical filter called a liquid crystal tunable filter (LCTF), which is electronically controlled, allows the transmission of either a selected wavelength of light and the exclusion of others, or the transmission of wide spectra from 400 nm to the current limit of 2450 nm (Wikipedia, 2017c). It can therefore be fine-tuned to the desired spectrum to discriminate between samples. The images are coupled with a hypercube of data: a multidimensional array of data and a set

37 Chapter 4: Alternative Light Techniques of algorithms; to produce a detailed and accurate set of data and images which can withstand repeated imaging and ultimately the legal scrutiny of the provenance of that data set.

Hyperspectral imaging has many applications already. It is used in medical applications, namely in transforming the early detection and treatment of many life-threatening medical conditions. In forensic medicine and dentistry, it is applied in detecting tooth decay without the need to drill through the sample and without using X-rays (Gilden Photonics, 2014). The non-destructive and non-contact nature of the technology indeed makes non-invasive procedures possible; from the assessment of the quality of food products by the Department of Health to the detection of counterfeit goods by customs officials.

In 2010, Dowler showed how blood samples can be detected by the use of such hyperspectral imaging, while in 2007, Payne and Langlois wrote on its application in studying bruises and the ageing of blood (Kuula et al., 2011).

Meanwhile, Tahtouh et al. reported in the Journal of Forensic Sciences in 2005 how spectral imaging is applied in the detection of latent fingerprints (Tahtouh et al., 2005). What this study also showed is how useful the technique is in detecting latent marks on challenging surfaces, such as Australian polymer bank notes. This will no doubt become more important with the adoption of polymer bank notes by other banks throughout the world.2

Hyperspectral imaging has future potential in detecting international organised financial crime where the identification of counterfeit notes, tracing their origin

2 Over 30 countries currently issue polymer notes. These include Australia (which introduced them in 1988), New Zealand, Mexico, Singapore, Canada and Fiji. Following a consultation programme, the Bank of England announced in 2013 the phasing in of polymer-printed £5 and £10 notes, which is currently being implemented.

38 Chapter 4: Alternative Light Techniques and proving links to organised criminality are paramount. As we will see in the next chapter, it also has significant benefits for aerial photography.

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CHAPTER 5

AERIAL PHOTOGRAPHY

5.1. Remote Sensing Using Hyperspectral Imaging

Hyperspectral imaging is used to help farmers monitor a crop’s health. Hyperspectral data gives farmers a real-time solution for monitoring crop vigour and disease treatment, resulting in high-value crops. Distinct areas highlighted by the hyperspectral image can show the improved biomass of crops after applying a fungicide toxicant, for example (Specim, 2017). It can also aid in investigating crop insurance fraud (see Figure 13).

In 2002, The National Audit Office in the United Kingdom reported the case of Joseph Bowden, a farmer from North Devon who was convicted of numerous counts of insurance fraud. At the time, The Arable Area Payments scheme was the largest of the Common Agricultural Policy schemes operating in the United Kingdom and was intended to allow farmers to claim payments for land growing cereals, oilseeds, proteins and linseed. However, as the report found, it was vulnerable to fraud and did not have sufficient audit and control checks in place. The total amount paid to around 40,000 farmers under the scheme between 2000 and 2001 was some £860 million. In any one year, the amount falsely claimed under the scheme by Mr Bowden amounted to some £40,000 (Bourn, National Audit Office, 2002).

By 2010, insurance payments on crop losses in the United States during the growing season reached nearly $3.7 billion, according to the U.S. Department of Agriculture (Insurance Quotes, 2013). The crop insurance industry is an area that would greatly benefit from remote sensing, but many crop insurance companies do not fully understand the value of this type of analysis (V. Stern, personal communication, February 13, 2017). Similarly, De Leeuw et al. (2014, p. 10889 –

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10906) support this view by adducing that the use of remote sensing in claim- based insurance appears to be instigated by government, rather than the insurance industry, although they suggest that the limited adoption of remote sensing in insurance results from a lack of mutual understanding, and they thus call for greater cooperation between the insurance industry and the remote sensing community (De Leeuw et al., 2014).

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Figure 13. Hyperspectral aerial image of crops. Remote sensing can aid in agricultural fraud by tracking changes in crop vigour. This ortho-mosaic image3, composed of nearly 600 different images of an area of about 1 square kilometre, was taken using a hyperspectral sensor mounted on a remotely-piloted aircraft, flying at approximately 80 metres above the ground. The image was post-processed to show a specific vegetation index. The areas of the image shown in purple have no vegetation; the areas of red indicate a healthy crop, areas of blue indicate low crop vigour, and green areas indicate signs of crop stress. Tracking these changes can confirm the veracity of insurance claims and help to reduce fraud (photography courtesy of Ekofastba S.L., www.ekofastba.com).

3 An ortho-mosaic image is a type of orthophoto. Orthophotos are aerial photographs that have been corrected by software so that the georeferences and scale are uniform. An ortho-mosaic image is a series of individual orthophotos which are joined together using computer software so that they form a new, larger composite image, consisting of all the individual orthophotos (Boucher, 2015).

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Aerial photographs using hyperspectral imaging (and, as we will see in the next chapter, other imaging techniques such as ‘Landsat’ data) allow the veracity of such insurance claims to be examined.

However, as Harris (2007, p. 25) demonstrates, the problem of calibration accuracy arises when hyperspectral imaging techniques are combined with remote sensing. Calibrating a hyperspectral instrument involves determining the measurement of what the instrument outputs (as reflectance) compared with its input (as electromagnetic radiation). Remote sensing creates difficulty in calibration because of a number of factors, including, for example, atmospheric interference, sensor noise and changes in the angle of incidence of the sun’s rays to the ground level, relative to where the subject is being photographed. These challenges make it difficult to create an accurate background for the hyperspectral image. In addition, the problem of optical aberrations in hyperspectral cameras is even more pronounced because optical aberrations are wavelength dependent (Spiclin, 2010). Furthermore, complicated algorithms and predictions are needed in order to calibrate hyperspectral images correctly because of the huge data files involved (Harris, 2007; Geladi, Burger & Lestander, 2004). In contrast, calibrating a ground-level hyperspectral imaging instrument does not have the problems outlined here that remote sensing creates (Harris, 2007).

In summary, hyperspectral imaging is a versatile tool, particularly in remote sensing. Not only is it used in medical and dental applications, but it also has uses in the food industry. Its non-destructive and non-invasive nature allows it to be a powerful tool in tackling crime, including detection of cannabis plantations and more widely in countering insurance fraud, where the technology allows the veracity of insurance claims to be examined. However, there are calls for greater cooperation between the insurance industry and the remote sensing community where its use could be more widely understood. There are also concerns over problems of calibration. Nevertheless, it can be

43 Chapter 5: Aerial Photography judged that the application of hyperspectral imaging remains vital in tackling emerging crime.

5.2. Landsat

The Earth Resources Technology Satellite 1 (later renamed Landsat) programme launched by NASA in 1972 is the longest-running enterprise for the acquisition of satellite imagery of Earth (Landsat Programme, 2017). It has gone through a number of upgrades and advances, with the most recent satellite, Landsat 8, being launched in 2013.

Landsat provides unbiased views of how our farmland and environmental conditions are changing over time. Each Landsat satellite observes the same place on Earth every 8 to 16 days. The ability of the satellite’s sensor to see infrared light enables analysts to discern when crops are stressed even, sometimes, when plants appear healthy to the naked eye.

Similarly, analysts can also see whether or not a farmer actually planted or harvested specific crops in the amounts claimed (Irons, 2012).

One such analyst of Landsat data, Dr Brown, an agricultural private investigator, used this technology from his home office in Columbia, Missouri, USA. Dr Brown studied eight images obtained from the Landsat 5 and 7 programme showing agricultural fields just south of Vernon, Texas, in May 2000. He was able to show that crop insurance fraud was committed between May and August of 1999. The defendant claimed that both a cotton and a grain sorghum crop failed during this time. However, using Landsat data, Brown was able to show that the allegedly failed crops were never planted (Rocchio, 2006). Landsat data analysis continues to be used today in combating insurance fraud worldwide.

The application of remote sensing can be applied in other areas of crime investigation, however. A study conducted by Tel Aviv University found that

44 Chapter 5: Aerial Photography hyperspectral imaging is also capable of distinguishing cannabis plants from several surrounding vegetation types. Azaria et al. (2016) showed that spectral identification of cannabis plants can be done at different distance levels, and the results indicated that cannabis plants have a different spectral signature and can be identified in narrow spectral bands, compared to other species of vegetation (Azaria et al., 2016). Meanwhile, Lukas (n.d.) cites ABCI (1999) as finding that in 1999, the NSW Police Force effectively used the National Parks and Wildlife helicopter in rural in New South Wales, Australia, to detect cannabis plantations with Landsat 5 (Lukas, n.d.).

This understanding will no doubt continue to aid law enforcement in the surveying of large areas of agricultural fields, forestry and coastline, particularly in remote areas such as outback Australia and other locations vulnerable to large- scale and organised illicit drug production. Rickards (2016, p. 84) argues that Australia is an attractive and lucrative market because of its geographic isolation. Furthermore, the country depends on high volumes of legitimate sea and air freight which illicit commodities can be concealed in. In addition, Australia’s long and vulnerable coastline provides opportunities for illicit goods to enter the country via small vessels or light aircraft (Rickards, 2016).

5.3. Light Detection and Ranging (LIDAR)

Light detection and ranging (LIDAR) imaging is the use of laser beams to measure the height of the ground surface and other features in large areas of landscape, and it is already used as a technique for environmental mapping.

Remote sensing by LIDAR is implemented in this way for terrestrial mapping using pulses of lasers with a wavelength in the near-infrared spectrum from 1040 to 1060 nm (Light Detection and Ranging (LiDAR), n.d.). The distance from the instrument and the feature on the ground being surveyed (termed as the ‘range distance’ [∆푑]) can be calculated by measuring the time it takes for the pulse to

45 Chapter 5: Aerial Photography reach the feature and the time it takes for the pulse to return, i.e. the time interval between sending and receiving the laser pulse (National Ecological Observatory Network, 2014).

Furthermore, the ground elevation of the feature being surveyed can be determined as follows:

푡 × 푐 ∆푑 = 2

Where t = the time interval between sending and receiving the laser pulse (ns) and 푐 = speed of light (299792458 ms-1 or 3 × 108 ms-1).

Ground elevation (m) = altitude − range distance (∆푑)

The known 푥, 푦 and 푧 coordinates recorded using a GPS receiver at the time that the laser pulses are sent and received during the aerial survey are then used to determine a complete map of the ground (National Ecological Observatory Network, 2014). The use of processing software such as Leica LiDAR Survey Studio™ is then utilised to produce highly accurate data models and images (Leica Geosystems, 2017).

LIDAR is not without its problems. As Mahto (2016) explains, the inability to penetrate very dense canopy can result in elevation model errors. In addition, very large data sets are difficult to interpret and process, and yet there are no standard international protocols for data processing (Mahto, 2016).

However, despite the processing difficulties, LIDAR is a powerful imaging and surveying tool. The information that it can show was previously unavailable, except through labour-intensive field survey or photogrammetry (National Oceanic and Atmospheric Administration U.S. Department of Commerce [NOAA], 2017). LIDAR provides forensic archaeologists with the capability to recognise and record otherwise hard-to-detect features by identifying and tracking changes to the landscape and habitat.

46 Chapter 5: Aerial Photography

LIDAR can detect disturbances in the ground and has a range of applications, from environmental conservation and planning to archaeological surveying and crime investigation. When it is used, three-dimensional maps can be drawn with a very high degree of resolution, even down to below a metre from the ground level. This can build an accurate model of the ground and the features upon it (Figure 14).

Figure 14. LIDAR aerial photograph. LIDAR images obtained from aerial survey photography can reveal structures otherwise hidden in the landscape. Here this technique has revealed Vindolanda, a Roman fort settlement located just south of Hadrian’s Wall, in the north of England (Google.co.uk, 2017). (Photography courtesy of Environment Agency, Geomatics National Monitoring Services, copyright and database rights 2017. All rights reserved.)

47 Chapter 5: Aerial Photography

This technique is likely to be of great assistance in identifying murder scenes and body deposition sites and, coupled with satellite imagery, would establish times that are relevant to the investigation. It could provide evidence for new types of environmental crimes, such as the illegal exploitation of wild fauna and flora and the trade and disposal of waste and hazardous substances in contravention of national and international laws, and in detecting carbon trade and water management crime (Interpol, 2017).

5.4. Geotagging

Geotagging is a method of adding geographical identification metadata to a photograph, video or other media and enables exact latitude and longitude coordinates to be recorded (Wikipedia, 2017b). Other important data can also be recorded, such as a time stamp or place names (Amor, Licardo & Puno, 2016). This allows the photograph to be put into context more easily when presenting it as evidence in court.

In the field of remote sensing, the goal is to store coordinates of every pixel in the image. One approach to this is the use of orthophotos, where coordinates of four corners are recorded and all the other pixels in the digital image can be georeferenced by interpolation, a technique of constructing new data points with the range of a discrete set of known data points. The four corners are stored using a GeoTIFF or World file metadata standard which enables map projection and other data necessary to establish the exact spatial reference for the file. A hyperspectral image, however, needs a different approach. Here the image is defined by a separate file of the same spatial dimensions as the image. The coordinates of each pixel are stored as two-dimensional layers known as GEO files (Wikipedia, 2017b).

Geotagging is used in a wide variety of applications in modern life, such as sharing family photos and holiday snaps on social media. However, its use highlights the potential risk of ‘social surveillance’, whereby our everyday

48 Chapter 5: Aerial Photography movements could be tracked by a potential stalker. Furthermore, social surveillance software such as MediaSonar, X1 Social Discovery and Geofeedia are utilised to gather social patterns of behaviour and movements by organisations for marketing purposes and personal data gathering (Ozer, 2016). It has been suggested by Ozer (2016) that law enforcement agencies are actively but ‘secretly’ using geotagging software companies in modern policing practices, an example being during the civil unrest in Ferguson, USA, in August 2014. It is even claimed that by law enforcement using these surveillance tools it is treating protesters like enemies and further impacts upon racial profiling and abuse (Ozer, 2016). However, her argument fails to acknowledge the receptiveness of law enforcement to new, innovative thinking. Furthermore, it neglects to embrace the wider benefits of social surveillance for, for example, family relationships and trust. Indeed, as evidenced by the use of new social media applications in China, Hjorth and Khoo’s (2016, p. 254) perspective is that the locative capabilities in social media affords parents the ability to monitor their children’s mundane movements in a manner that is intimate yet not invasive (Hjorth & Khoo, 2016). Nonetheless, it appears that the simple premise of geotagging does highlight concerns around civil liberties and data protection and, on balance, strict guidelines and legislation should be enforced so as not to use societal vulnerabilities for improper gain.

In our modern age of technology, with the wide adoption of social media applications in mobile phones, tablets and other electronic devices that are used in everyday living, it has become abundantly clear that law enforcement agencies can and should utilise geotagging capabilities in tackling emerging crime. The ability to track and trace a terrorist, for example, or to evidence communications between conspirators in an organised crime group, offers a vital opportunity for law enforcement and security agencies. The evidence revealed by a mobile phone, such as telecommunications data or call log data, along with the georeferences that show when those messages or calls were sent or received, and the context of what those messages depict provide crucial evidential clues to the investigator. Furthermore, such evidence and information can suggest further lines of enquiry,

49 Chapter 5: Aerial Photography including, for instance, scoping for close-circuit television footage (CCTV) or locating premises that have been the subject of a search.

5.5. The Use of Drones

As we have seen, the use of advanced imaging science techniques such as hyperspectral imaging, Landsat satellite imagery and other remote sensing techniques are important tools in the investigation of crime. However, the use of such tools is relatively expensive compared to traditional photographic techniques and is poorly adopted by budget-restrained public sector organisations and law enforcement. There need to be ways to implement such technology so that it can be applied more easily, frequently and safely. The increasing use of drones and other person-operated cameras and devices is one such way to achieve this for future use.

Drones, or unmanned aircraft vehicles (UAV), as they are also called, are operated by a remote device controlled by a human pilot on the ground or by an on-board computer elsewhere. This poses a number of challenges. The human operating the drone needs to be a competent pilot certified by the Civil Aviation Authority (CAA) here in the UK. The operator also needs to be aware of public safety and issues of data protection and collateral intrusion into people’s right to privacy.

The Information Commissioners Office (ICO) and the Office of Surveillance Commissioners (OSC), which oversee the enforcement of data protection laws, may also need to be consulted. The need to photograph and video the ground or survey the area will need to be justified and it will need to be proportionate to the aims of the investigation and authorised by the appropriate officer (Police National Legal Database [PNLD], 2017b).

The Regulation of Investigatory Powers Act 2000 (RIPA) sets out how government and public bodies are governed when conducting surveillance

50 Chapter 5: Aerial Photography techniques. Part II of the Act sets out what is considered ‘directed’ or ‘intrusive’ surveillance and whether it is deemed covert or not.

Surveillance is considered covert when it is carried out in a manner calculated to ensure that people subject to it are unaware it is (or might be) taking place (Connor et al., 2010). General monitoring via CCTV in a shopping centre, for example, would not normally be considered covert. However, in a case where CCTV is used in a covert manner, specifically in a planned operation, for example in a manner likely to result in the obtaining of personal information about someone, then that would be deemed directed surveillance (Connor et al., 2010). Intrusive surveillance, meanwhile, is covert surveillance carried out on residential premises or in any private vehicle, or it involves the presence of someone on the premises or in the vehicle, or it is carried out by using a surveillance device.

In this way, the legislation also covers the obligations placed upon authorities when obtaining private information about someone, and outlines how surveillance can be used in a way that is necessary, proportionate and compatible with human rights (PNLD, 2017b). The Human Rights Act 1998 prohibits any interference by a public body unless in accordance with the law and for a specific lawful purpose (Doig, 2006). In addition, RIPA states specifically that surveillance can only be carried out once authorised by the appropriate senior officer and it must be with the aim of detecting or preventing a crime or prosecuting offenders. Without the appropriate authority or correct use of the legislation, any evidence gathered could be deemed inadmissible in future court proceedings (PNLD, 2017b).

Drones now have many uses in crime investigations. They are often used because the area being surveyed is unsafe for investigators to explore, for example a scene of an arson, or an unsafe building that could collapse. With the aid of a drone, specialist lighting and imaging techniques are used to survey scenes of crime, such as body deposition sites. In these instances, the scene is already cordoned

51 Chapter 5: Aerial Photography off to the public by the police (ACPO, 2005). Here, the use of any drone would clearly be for an overt purpose, there would be no likelihood of private information being gathered and it would mean RIPA would not apply in this case (Connor et al., 2010; PNLD, 2017b).

However, should a drone be used (or indeed any surveillance by any other camera, such as on board a helicopter) for a covert purpose then RIPA would apply (PNLD, 2017b). Take, for example, an undercover police operation into organised drug production. A drone would be ideal to survey a rural property under the cover of darkness in preparation for a search of the premises. If personal information is likely to be obtained in this case, coupled with the fact that it is for a planned operation, then this would be considered directed surveillance (Conner et al., 2010). A drone with a camera would also be an ideal tool to photograph cannabis plantations disguised in the surrounding forestry in order to gather intelligence.

Another benefit of using a drone is the relatively low cost of operating it compared with the launch of a helicopter. There are also the obvious safety benefits of using unmanned aircraft vehicles in dangerous areas or where humans could not otherwise go. This opens up the possibility of using drones for many other applications, such as policing large-scale riots and public order operations, the early planning stages of rescue missions, for mass victim identifications in disaster zones, and in hostile reconnaissance and terrorist operations.

As we have learned, there are already a number of uses of aerial photography in policing and crime investigation. These are generally limited, depending on the resources available to the police, and require significant investment of public finances, along with continued research and development in the relevant technology.

52 Chapter 5: Aerial Photography

In recent years, Surrey and Sussex Police have invested over £250,000 in drone technology, and although it is still in its infancy, it has shown a number of benefits to policing already, increasing the safety of the public and officers and enabling efficiency savings in today’s times of governmental cuts to the public sector (Sussex Police, 2017b). Meanwhile, Dorset Police have seen the roll-out of drones with the launch of the first 24-hour drone-dedicated unit in Britain (KL.FM96.7, 2017). Assistant Chief Constable Steve Barry, the National Police Chiefs’ Council lead for drones, claims drones deliver police forces’ “high-quality cost effective services and protection to the public” (KL.FM96.7, 2017). Moreover, the case study by the Surveillance Camera Commissioner on surveillance cameras on drones found that Dorset Police were able to deploy a drone where a helicopter was too expensive (Surveillance Camera Commissioner, 2016).

Other applications of aerial photography include using thermal imaging techniques to locate suspects and find hot spots in fire scenes, including the seat of the fire (Cafe, 1988). In South Africa, the National Parks Authority deploy drones equipped with night-time infrared cameras to monitor rhinos and elephants, which are endangered species. In a country where a recent rise in poaching has resulted in the illegal trade of ivory reaching crisis levels, drones are effective at detecting poachers operating under the cover of darkness (Andrews, 2015).

Aerial photography provides law enforcement with new avenues through which to gather evidence and new ways to present evidence. Remote sensing is an innovative way to incorporate advanced technological tools such as LIDAR, hyperspectral imaging and geotagging. Despite the shortcomings in the technology and the social barriers, as discussed, the methods available continue to be valuable in tackling emerging crime.

53 Chapter 6: Videography

CHAPTER 6

FORENSIC VIDEOGRAPHY

6.1. CCTV Surveillance

Video photography has been used in crime investigation for decades, although it has mainly been confined to being used for aerial applications by police helicopters and the fixed-wing aircraft of security agencies. In more recent years it has been adopted by drone pilots for surveying the landscape, and the advancement of technology has found new applications for video photography, such as remote sensing and augmented reality survey cameras.

In contrast, ground-level video photography, such as closed-circuit television (CCTV), which has been used by local authorities, has generally been confined to simple video surveillance recordings in towns and city centres that are set on a time-lapse loop-recording system. CCTV footage continues to be used every day by police and prosecuting authorities in crime investigations as a crucial aid in proving any prosecution case. It continues to be used to provide independent evidence of the crime, corroboration of witness accounts and an identification of a suspect.

New ways to study and apply this simple videography, however, have been and continue to be developed.

6.2. Augmented Reality Survey Cameras

Augmented reality (AR) allows the seamless insertion of virtual objects or data generated by computer graphics into an image sequence, which can then be placed to overlay a photograph or video (Marchand, 2016). This technique has

54 Chapter 6: Videography been popularised by recent computer games such as Pokémon Go and virtual reality headsets. However, it has massive potential to be used in future policing.

Dutch police are already trialling the use of augmented reality technology in cameras to survey scenes of crime and present video surveys that can be used in court presentations (Datcu, 2016). Audio commentary is also overlaid where appropriate to convey the message and build a complete picture of the scene and its evidence in the context of its surroundings.

Current uses involve a smartphone camera stuck to the police officer’s shoulder, and another phone wrapped around their wrist, which can be used to mark evidence or leave notes about a crime scene (Datcu, 2016).

Microsoft’s HoloLens, a self-contained, holographic computer that enables the user to engage with digital content and interact with holograms, also comes into play. This computer overlays relevant information during the forensic investigation, making it easier for investigators to build a picture of how the crime was committed (Microsoft, 2017).

Augmented reality survey cameras, coupled with the use of video commentary, are proving useful for courtroom reconstructions of crimes (Datcu, 2016).

The benefits of this technology include using it to overlay police intelligence and to disseminate police data when attending initial reports of crime from the public or when developing more effective intelligence systems. The technology could also be used in future to allow the officer at the scene to upload data, such as witness statements, in real time, update crime reports or use the internet.

However, there are concerns about social acceptance: new technologies need to be accepted by law enforcement agencies. For example, getting people to use augmented reality may be more challenging than expected, and many factors play a role in social acceptance of augmented reality, ranging from being worried

55 Chapter 6: Videography about having an unfashionable appearance (gloves, helmets, etc.) to privacy concerns (Krevelen, 2010).

Videography was used in the Soham 4 murder case and proved effective in presenting the evidence from the various scenes of the investigations (Khalil, 2005). As detailed by Khalil (2005, p. 192), photographs, maps, plans and reconstruction photography were viewed on screens, which meant that the jury’s bundle of papers prepared by the prosecution in the case was kept to manageable levels. It seems clear, therefore, that by incorporating the data and the technological advances that augmented reality brings, future video evidence will be even more effective in presenting the prosecution case.

Furthermore, the effective use of this technology will no doubt enable better and more streamlined intelligence gathering across borders of policing jurisdiction, helping in the fight against international organised crime.

6.3. Body-Worn Video

Body-worn video cameras aim to enhance the capturing of evidence and improve the accountability and transparency of police conduct (Jameel & Bunn, 2015). First trialled in 2006, body-worn video is now widely adopted by police forces throughout the United Kingdom.

One of the current leading manufacturers, Reveal Media, has now developed the RS2 body camera, which offers a discreet solution to previously bulky and cumbersome body-worn technology of past versions. It includes the ability to record video in high definition 1080p resolution at 30 frames per second and

4 The Soham murder case involved the highly publicised murders of Holly Wells and Jessica Chapman from Soham, Cambridgeshire, following their disappearance on 4 August 2002. The police investigation led to the prosecution of Ian Huntley for their murders (Khalil, 2005).

56 Chapter 6: Videography save files as .mov or .mp4 movie files (Reveal, n.d.). These files are then simply transferred to a secure storage device via a docking station on return to the police station.

Body-worn video can be used to paint a picture of any crime scene upon initial police attendance. It is also used to assist prosecutions in domestic violence cases, where the victim is often vulnerable or in fear of supporting a prosecution against the perpetrator.

Not only does it offer transparency in police stop and searches of individuals but it also provides evidence of an officer’s involvement at a police incident, should this be required for any internal or external enquiry into alleged officer misconduct.

A survey conducted by the Press Association said that there was “complete lack of consistency” among police forces in the deployment of body cameras. This is despite chief officers describing the technology as “effective” and “vital” to 21st century policing (Vernalls, 2016, September 3).

Furthermore, one of the concerns raised by His Honour Judge Keith Cutler CBE, the assistant judge appointed to conduct the inquest into the death of Mark Duggan on 4 August 2011, was the lack of video recordings by police in the period immediately before the fatal shooting (Courts and Tribunals Judiciary, 2014). Mark Duggan was a suspect in Operation Dibri, a Metropolitan Police Service operation into the large-scale supply and distribution of class A controlled drugs in the London area. Cutler (2014, p. 27) concluded that had body worn video been used by all officers in attendance at the scene, it would have provided key independent evidence for the various inquiries that followed, and would have provided some alleviation of the public distrust in the police which followed.

Body worn video already also plays an important role in documenting evidence found at premises that are the subject of search warrants. It can negate the need

57 Chapter 6: Videography to take numerous still photographs and corroborates the evidence of still photography of exhibits seized during such a search. It proves crucial to many organised crime investigations, where large quantities of cash, counterfeit goods or other documentation is involved, because using video photography helps put the scene into perspective much better than still photographs can (Rohatgi & Kapoor, 2015).

It can also aid in the identification of persons found at premises suspected to be involved in the trafficking of humans for sexual exploitation, and provides an impactive visual of the poor living conditions (CPS, 2017) a victim may have endured in human slavery cases.

6.4. Gait Analysis and Facial Recognition

The use of forensic science and computer technology can also add to the effectiveness of forensic photography in solving new and challenging crimes. Forensic gait analysis is one such example. This method provides anatomical and biomechanical analysis of the gait (walking and body movement of individuals) that is captured on CCTV (“What is Forensic Gait Analysis”, 2015). This is compared with any footprint impressions left at the scene, photography of shoe marks and any shoe exhibits seized from a suspect. The identification of suspects in terrorism investigation and the development of intelligence from this in future counter-terrorism operations will no doubt be aided by this method.

In human surveillance systems, humans are identified at a distance using CCTV cameras. Videography is widely considered vital in criminal cases and is being more widely accepted as a way of presenting evidence in court. Indeed in 1970, the Ninth Circuit Court of Appeals in the United States accepted the admissibility of videotape evidence supported by the expert witness opinion of a forensic photographer who gave evidence on facial recognition (Robinson, 2007).

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Generally today, face recognition techniques are used for human recognition, (“Intelligent Human Surveillance analyzing the Human Walk”, 2016). They are also useful in human–computer interaction, virtual reality, biometrics, border control and video surveillance applications (Parmar & Mehta, 2013).

Face recognition is the process by which a person can be identified with the aid of a computer application that compares a digital image or video frame from a video source. The identification is sought by comparing facial features with a control, taken from a database of known faces, for example. Three-dimensional camera sensors and thermal imagery are also utilised (Dua & Anikesh, 2014).

Face recognition has many shortcomings, however, including low-resolution facial images and the need for the person to ‘cooperate’ with the system. Gait can provide human identification at a distance without that person’s cooperation. Hence gait is now considered one of the most appropriate intelligent biometrics in human surveillance (“Intelligent Human Surveillance analyzing the Human Walk”, 2016).

One area of crime investigation in which the use of face recognition technology could assist, however, is in the investigation of online pornography, where the identification of persons seen in images on a seized computer, for example, is required.

A Canadian company, SiQuest, has developed software called FaceDNA™, claimed to be able to identify, extract and match faces from pictures, films and even live video sources. It is intended to aid in the fight against crimes against children, document forgery detection, and in identifying wanted and missing persons (Bradley, 2014).

SmartGate, a biometric system developed in 2007 and now used by Australian and New Zealand customs, is a system whereby facial recognition and surveillance systems are used in airports to identify passengers; it is also used to

59 Chapter 6: Videography detect individuals and prevent wanted persons entering the country (Office of the Privacy Commissioner, 2007). The SmartGate system allows passengers with electronic passports to check themselves through passport control via a kiosk which takes an image of the traveller’s face and matches that against the holder's passport image (Wilson & Weber, 2008). This technology helps in the detection not only of terrorism-related offences but also of trafficking and other transnational crime investigated by the federal police and border security forces (Wilson & Weber, 2008).

The need to retain, record and process a diverse range of biometrics data generates a number of challenges for law enforcement agencies and organisations. The need to gather intelligence and analyse it to produce products to support informed decision making (United Nations Office on Drugs and Crime [UNODC], 2011) is offset by moral challenges posed by society, in particular in how biometrics data is handled, processed and evaluated. This is particularly the case when that data is used in countering cross-border organised crime and terrorism.

It is argued by Wilson and Weber (2008) that surveillance technologies are integral to strategies of punitive pre-emption5 based on ‘social sorting’, whereby processes of exclusion and inclusion are deepened and extended. Furthermore, surveillances technologies are deployed within a social context and organising logic that inevitably heads towards exclusionary rather than inclusive functioning (Wilson & Weber, 2008).

In addition, it has been claimed (Lyon, 2001 cites McCahill, 2007) that ‘racial profiling’ is being coded into the software in biometric applications and that this

5 Punitive pre-emption refers to law enforcement strategies that are intended to be punishment. Their aim is to pre-empt or forestall a crime taking place.

60 Chapter 6: Videography leads to disproportionate targeting of many innocent individuals because they fit the profile of ‘terrorist’ and is likely to lead to further alienation of some individuals within society.

Similarly, ‘function creep’, which entails data being used for a variety of reasons beyond the reason for which it was originally collected, has the potential to erode public trust and reduce confidence in biometric processes (Rosenzewig, Kochems & Schwartz, 2004; Emilio & Massari, 2008).

Despite these issues, it seems clear from the evidence that facial recognition imagery remains a key tool in the identification of persons on video and photographic media, notwithstanding, the concerns about biometrics data. The technology presents an array of opportunities for law enforcement agencies and organisations in tackling emerging crime, therefore it should continue to be developed and utilised, with the proviso that it is used in a lawful, transparent and ethical manner.

61 Chapter 7: Challenges for the Criminal Justice System

CHAPTER 7

CHALLENGES FOR THE CRIMINAL JUSTICE SYSTEM

Solving crime has always been challenging for investigators. Methods of investigation are continually adapted to achieve the most effective investigation and the best outcome. Achieving this result can be hampered by hurdles that may not be overcome, such as a lack of physical evidence at a scene, or a delay in the crime being reported. A wide range of other issues may occur, such as those surrounding hostile witnesses or victims whom may not be engaged with the criminal justice process.

The police service, like any public body, is constrained by public finances and government budget cuts. Making the best use of police resources is increasingly difficult in today’s era of austerity. The notion and expectation that the police must do more with less can frustrate an investigation to the point that it cannot deliver the best result for the victim, which may be seen as ironic considering that the victim’s needs should always be foremost in any criminal investigation.

Recent changes to the Bail Act 1976 which came into effect in April 2017 have also put pressures on the police to ensure investigation enquiries are completed expeditiously. The Bail Act 1976 is the primary source of legislation in relation to bail granted by the police and courts in criminal proceedings (Conner et al., 2010). Releasing someone from custody on bail before they are charged with an offence (known as pre-charge bail) allows the police to continue their investigation of the alleged offence. Conditions can be attached to bail allowing the police to offer protection to complainants or witnesses, to preserve evidence and to mitigate the risk of further criminality (McGuiness, 2016). The changes also include the limiting of the time period for pre-charge bail to 28 days, before which the authority of a police superintendent and subsequently a magistrates’ court is required to grant a further extension (Sussex Police, 2017c). Previously,

62 Chapter 7: Challenges for the Criminal Justice System there was no time limit and the police have been criticised, as a result of a number of high profile cases, for bailing suspects for a lengthy period, in some cases for more than a year. The amendments to the Bail Act now include a presumption that suspects will be released without bail being imposed, unless it is necessary and proportionate (McGuiness, 2016).

A study by the College of Policing found that time needed for forensic analysis was one of the key drivers of long periods of pre-charge bail (College of Policing, 2016). The study found that 60 per cent of cases involving suspects who were bailed for more than 90 days involved some form of forensic analysis.

Other reasons that were cited for longer periods of bail were the file being with the Crown Prosecution Service for a decision on charging and the need to obtain a professional witness statement, for example from a medical practitioner. The study also found that police reported that delays were caused by third-party contributors to criminal investigations and that pre-charge bail was ineffective in cases of suspected terrorism (McGuiness, 2016).

There are many other challenging factors, and though some cannot be helped, the evidence suggests that some demonstrate that the police service is the victim of its own making. It is argued that a lack of willingness to embrace change, which slows down the adoption of new techniques, is embedded in police culture. Poor leadership is also a possible factor (Cockcroft, 2014). In view of this, it seems clear that this culture must embody the virtues of future changes in law and developments in technology to ensure the effectiveness of investigations and that the role of the police service in general remains relevant. After all, the prevention of crime is central to the ideology of the modern criminal justice system (Dodsworth, 2007).

The application of photography by the police service can be overlooked at times, when instead it should be at the forefront of an investigation, especially in the early stages. The role of photography can and should change with the dynamistic

63 Chapter 7: Challenges for the Criminal Justice System nature of any investigation, and this isn’t always the case. Early crime scene photos may be taken, but that is it until the point when prosecution begins. This may be all that is needed for a relatively straightforward case, but many investigations are not straightforward. Hence, the need to adopt photography as an effective tool and to incorporate new thinking must be primary goals.

However, photography is inevitably less effective as a tool in detecting some crimes types than others. Take cybercrime, for example. Crime that is enabled by computers, such as fraud, can offer opportunities for photography to be a useful tool, for example by revealing evidence via the use of alternative light techniques. However, ‘pure’ cybercrime: crime that is solely dependent on computers, such as offences of computer misuse and hacking, for example, offers less obvious opportunities for photography.

The criminal justice system is making progress in today’s modern age but, as is often the case, it “needs to do more” (Ministry of Justice, 2013). The increasing digitalisation of case files highlights problems of computer illiteracy and the need for more staff training. Data security is also an important consideration. The digitalisation of the justice system needs the computer systems used by the police service and the courts to be developed so that their technological capability is increased and they are able to cope with the increasingly large image files of digital photographs. Advancements in digital photography mean that raw files are increasingly larger in size than those produced via earlier generations of cameras; the processing of such files is more demanding of computer hardware and the storage of this data on secure computer servers is even more problematic. This currently poses a problem when sending documentary evidence across computer system interfaces to prosecutors, who invariably use a different system entirely to the police service. The police do use software that can handle larger files and volumes of documents, such as in major crime investigations and financial investigations, but nonetheless, these problems demonstrate that there should be a common system in use throughout the entire criminal justice system.

64 Chapter 7: Challenges for the Criminal Justice System

There are important social factors involved too. Challenges placed on the criminal justice system by society need to be taken into account and are a major factor in any investigation. How the police are perceived by the public can affect how the police findings are interpreted and considered by the wider society for years to come. How operations are conducted is often under scrutiny, and rightly so, but without the proper legal basis, understanding and transparency in police tactics the findings are often misunderstood by the public, misrepresented by the media or dismissed by the courts.

Another issue is the social acceptance of new technologies. The advancements in the technology of photography and imaging science require the understanding and presentation of evidence to be translated in a way that can be understood by the public and, in the case of court proceedings, by a lay jury. This is where photography can play an important role in translating the evidence into a visual representation that the public can understand. Not only this, but new technologies need to be accepted by law enforcement agencies themselves; an aspect of this issue has been discussed in relation to the concerns society has about the wearing of augmented reality technology and whether it is acceptable (Krevelen, 2010).

Aerial photography, surveillance and how photography is conducted are often the concern of people and organisations that wish to safeguard human rights, civil liberties and the use of data. The conduct of all photography in criminal investigations must obey the law, including that relating to human rights. Any surveillance technique, for example, must be justified, necessary, proportionate and above all legal in relation to any enquiry. Even when this is the case, photography can be subjective and is often disputed by lawyers from both sides of the court battle.

Metadata saved in digital files raises an issue of privacy. Metadata is the data embedded in digital files, which can reveal a detailed description about that file. It contains data such as the author, the dates it was created and modified, the

65 Chapter 7: Challenges for the Criminal Justice System file size and the GPS coordinates, among many other pieces of information. It could potentially reveal, unwittingly, personal information to identify where someone lives, through GPS coordinates, for example, or other personal data exposing someone to a risk of harm, which is a particular problem if the case concerns a vulnerable witness or undercover police officer. The metadata provided within the digital file can highlight changes in the file, such as processing or modifications, and questions can be raised about how they have been done or the authenticity of the photograph can be called into question if the data has not been disclosed in a transparent way.

Finally, the recent ‘Brexit’ referendum on the United Kingdom leaving the European Union has highlighted the need for new negotiations by governments throughout the European Union. It could be argued that it has caused uncertainty about how investigative tools, including photography, and intelligence data will be used in future by law enforcement agencies across Europe. It has highlighted the need to ensure that intelligence gathering and sharing between the United Kingdom and countries that remain in the EU in future is not hindered and that cross-border security is not compromised. In these negotiations, photography must be given a role as a tool for these law enforcement agencies to ensure it can continue to remain effective in assisting in crime investigations in years to come.

66 Chapter 8: Conclusions

CHAPTER 8

CONCLUSIONS

It is widely accepted that photography plays an important role in volume crime investigation. It is key in showing how a crime was committed and puts the evidence at the scene into context with its surroundings.

Furthermore, using photography creatively, such as being able to paint the scene with light, helps in revealing the evidence and presenting it at court.

The use of UV/IR, Raman spectroscopy and hyperspectral imaging opens up further opportunities for investigators, particularly where the evidence present in an image and what that image represents aren’t obvious. Modern imaging science technology widens the usefulness of alternative light techniques, especially when coupled with data and software applications, as seen with Landsat and LIDAR.

The development of technology, photography techniques, processing and printing has enabled the creation of new methods for investigating and solving crimes.

The progression of scientific understanding and development in relation to technology has had a significant impact on the ways in which photography is applied to criminal investigations. It can be demonstrated that these developments have also greatly assisted in the fight against new and emerging crime types.

What is clear, however, is that new thinking is key to ensuring that photography remains relevant as crime continues to be more and more challenging to combat. Fresh approaches to how photography is applied will be essential in years to come. The use of drones is one innovative way in which investigators can exploit

67 Chapter 8: Conclusions the benefits of imaging science to further extend their crime-fighting tools. Not only do drones allow large areas or evidence scenes that are difficult to reach safely in search and rescue missions to be surveyed, they also aid in planning covert operations.

Law enforcement has many challenges to overcome, not only technological ones but financial, legal and social challenges, to ensure investigations are effective and successful. This is even more the case in times of uncertainty, such as during the Brexit process and periods of ongoing changes to political and organisational structures and priorities.

It has already been seen how photography can aid in many conventional crimes, such as assault, but the realisation of photography as a crime-fighting tool in more complex crime has been less widespread. Some new and emerging crime types are simpler to overcome than others; however, the application of photography should not be taken for granted. Photography is inevitably less effective as a tool in detecting some crimes types than others, for example cybercrime, which offers less obvious opportunities for photography.

For photography to be an effective aid for law enforcement in tackling emerging crime, practitioners must embrace and incorporate the virtues of technology and imaging science. Less conventional techniques must be deployed to fight less conventional crime types and techniques used by increasingly sophisticated and organised criminals. Not only must this happen, but photographers must also strive to overcome the barriers to using such technologies and methods of investigating crime and should not exclude ever-changing legal parameters and increasingly demanding social expectations.

68 About The Author

ABOUT THE AUTHOR

Paul Gilmour has held roles in the NHS and the pharmaceutical and water industries. He has also worked in the photographic retail sector.

He joined The Royal Photographic Society in the late 1990s, gaining his licentiateship in 2003, and recently served as regional organiser for the Southern Region of the Society.

Paul completed a BSc (Hons) degree in Biochemistry at Sussex University in 2003; his final-year research thesis was titled Activity of pyruvate-solubilised Alternative Oxidase in Arum maculatum. After university, he embarked on a full- time career in the police service.

He is a nationally accredited PIP level 2 detective, experienced in investigating volume crime, serious and complex crime, and regional organised crime, and has a particular expertise in fraud and money laundering. He has knowledge of forensic science and photography and works in consultation with forensic experts in investigations. He has often applied his knowledge of photography and skills in the investigation of crime and has secured many prosecutions at court for a wide range of crime types.

69 References

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