Crime Investigation Standard Operating Procedure (SOP)
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Crime Investigation Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions Owning Department: SCD – Major Crime Version Number: 10.00 (Publication Scheme) Date Published: 28/11/2018 Version 10.00 (Publication Scheme) Compliance Record Equality and Human Rights Impact Assessment (EqHRIA):- 26/11/2018 Date Completed / Reviewed: Information Management Compliant: Yes Health and Safety Compliant: Yes Publication Scheme Compliant: Yes Version Control Table Version History of Amendments Approval Date 1.00 Initial approved version 29/03/2013 1.01 Minor update to section 10.5 03/04/2013 2.00 Update to include Schengen 07/04/2015 Revision of sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17 18, 19, 22, 25, 26, 27 and 28. New Section 24 added regards Records Management. 3.00 25/11/2017 Updated formatting applied; grammatical amendments; corrected hyperlinks to associated documents and forms. Full review of SOP to ensure compliance with 4.00 15/01/2018 Criminal Justice (Scotland) Act 2016 Policy Support administrative amendments only: Former ‘ACPOS Manual of Guidance on Cross Border Powers’ removed from Appendix ‘L’ as the document has been archived. Typing error 5.00 07/02/2018 corrected at 27.7. Broken hyperlinks repaired. (Yellow highlight from previous version left in situ due to short passage of time since previous publication which contained significant changes). Update to 7.3.4 and 7.3.5 regarding digitally 6.00 26/02/2018 recorded interview considerations. Update to Section 26 to reflect changes in 7.00 legislation in relation to Cross Border Powers. 06/03/2018 Addition of Appendix ‘N’ Update to Section 26 to provide clarification on ‘Cross Border Powers’ with new paragraphs 26.14 and 26.15 inserted. Reference to two archived 8.00 SOPs (PNC and CHS) removed from Appendix ‘L’ 03/05/2018 and replaced with their respective user manuals. Updated to reflect changes in data protection legislation Update to Section 26.20 to provide clarification with regards to offences committed in England, Wales or 9.00 13/06/2018 Northern Ireland where the suspect resides in Scotland. Version 10.00 (Publication Scheme) 2 Police Act 1997 changed to Investigatory Powers 10.00 Act (IPA) 2016 in Section 23.4 and 23.5. Appendix 27/11/2018 ‘K’ updated with reference to IPA. Version 10.00 (Publication Scheme) 3 Contents 1. Purpose 2. Completion of Crime Report / Crime File (Or Equivalent) 3. Allocation of Enquiries 4. Locus Management 5. Arrest 6 Investigative Liberation 7. Interviewing of Suspects 8. Identification of Suspects 9. Interview Advisor 10. Community Advisors 11. Impact Assessment 12. Forensic Strategy 13. Family Liaison 14. Mass Death Protocol 15. Major Crime Investigation 16. Intelligence Cells 17. Home Office Large Major Enquiry System (HOLMES) 18. Review Process 19. Unresolved Case Review 20. Application for Warrants 21. Locate/Trace Packages 22. Digital Media Investigation 23. Mobile Phone Crime 24. Productions 25. Records Management 26. Cross Border Powers 27. International Enquiries 28. Schengen Information System (Second Generation) (SISII) 29. Serious Crime Analysis Section (SCAS) Version 10.00 (Publication Scheme) 4 Appendices Appendix ‘A’ Location of Force Digital Interview Recorded / Remote Monitoring Appendix ‘B’ Forth Valley (C Division) Appendix ‘C’ Dumfries and Galloway (V Division) Appendix ‘D’ Fife (P Division) Appendix ‘E’ North East (A Division) Appendix ‘F’ Edinburgh, the Lothians and Scottish Borders (E and J Divisions) Appendix ‘G’ Highlands and Islands (N Division) Appendix ‘H’ Strathclyde (G, K, L, Q, U Divisions) Appendix ‘I’ Tayside (D Division) Investigative Liberation Appeals – Occurrence Report Guidance Appendix ‘J’ Notes Appendix ‘K’ List of Associated Legislation Appendix ‘L’ List of Associated Reference Documents Appendix ‘M’ List of Associated Forms Appendix ‘N’ Cross Border Powers - Flowcharts Version 10.00 (Publication Scheme) 5 1. Purpose 1.1 This Standard Operating Procedure (SOP) supports the Police Service of Scotland, hereafter referred to as Police Scotland, Crime Investigation Policy. 1.2 This SOP provides Officers / Police Staff with a general guide to the investigation of crime. This guide is not an exhaustive list for investigators but is designed to assist investigators in where to seek guidance on specific matters. 1.3 Where a crime has been committed it is the duty of the Police to trace the offender and bring them to justice. Police Scotland recognises that the investigation of crime requires a high degree of cooperation between all departments/stakeholders/partner agencies to achieve this goal. 1.4 In addition to the information contained herein, further guidance can be found in the legislation and documents summarised in Appendix ‘K’ and Appendix ‘L’ respectively. 2. Completion of Crime Report / Crime File (Or Equivalent) 2.1 It is the duty of a Constable to take such lawful measures and make such reports to the appropriate prosecutor, as may be needed to bring offenders with all due speed to justice (Section 20(1)(d) Police and Fire Reform (Scotland) Act 2012). 2.2 The first officer attending the scene of a crime will generally be responsible for ensuring that a Crime Report / Crime File is raised in accordance with the Crime Recording SOP. It is also the responsibility of the first response officers to carry out initial investigations including obtaining witness details and statements, scene preservations, evidence recovery and arrest of any perpetrators at the locus or nearby vicinity. 2.3 In instances where immediate assistance from the Criminal Investigation Department (CID) is required, the attending officer should immediately notify the CID and their supervisor, via the Control Room to afford the CID the opportunity to attend the locus. In the following circumstances the CID must be notified: Suspicious Deaths - Homicide, Drug Related Deaths, Suicide, Fatal Fires etc; Attempted Murder; Serious Assault; Robbery / Attempted Robbery; Sexual Crimes; Abduction / Attempted Abduction; Crimes where Firearms are involved; Version 10.00 (Publication Scheme) 6 Death in Police Custody; Sudden Unexplained Death in Infancy (SUDI); Bogus Workmen; 2.4 This list is not exhaustive and officers should consult CID where clarification is required. 2.5 Good initial enquiry at the locus is essential. If such action is undertaken and all information recorded on the ‘enquiry update’ section of the crime report, this may negate the need for further enquiry by other officers. 3. Allocation of Enquiries 3.1 Where a Crime Report / Crime File is raised, the Crime Manager (or equivalent) will determine the allocation of crime reports/files to ensure that professional and thorough enquiries are carried out. All enquiries are to be channelled to the enquiry officer via their line manager, through the recognised Crime Management System in each Local Policing Area. 3.2 Crime Reports / Crime Files (or equivalent) should be monitored and checked by line managers to ensure that they are maintained to a consistently high standard, that enquiries are completed and that resultant Standard Police Reports (SPR2) are transmitted timeously. Refer to Case Reporting SOP for guidance on reports to the Procurator Fiscal (PF). 3.3 Where no SPR2 is being submitted, enquiry updates should be submitted to reflect that all avenues of investigation have been exhausted in an attempt to trace the perpetrator; this will inform subsequent enquiry officers in the event that a person is detected at a later date. 3.4 Where officers are abstracted or otherwise unable to complete the appropriate enquiries, it is the responsibility of the line manager to ensure that the crime report is reallocated to an appropriate officer within their shift/group or via the Crime Manager. Such reallocation and the reason for same should be detailed on the report. 3.5 Where it becomes apparent that a suspect to a crime is a serving police officer or member of police staff from anywhere in the UK, the Professional Standards Department should be notified without delay. 3.6 Where the suspect is from a force outside Scotland, the Professional Standards Department will notify the relevant Force. In such instances all records relating to the case should be restricted. Refer to Complaints About The Police SOP. Version 10.00 (Publication Scheme) 7 4. Locus Management 4.1 Any activity at a scene prior to the deployment of a Crime Scene Manager (CSM) has a direct bearing on the success or otherwise of any subsequent forensic activity. Crime Scene preservation is paramount in any investigation. 4.2 The control of a scene of a major incident/investigation will fall to the CSM at the earliest opportunity, once allocated by the Senior Investigating Officer (SIO). Further information and guidance is contained within the Crime Scene Management Manual of Guidance. The following information is intended for initial attending officers. 4.3 One of the most crucial aspects of any investigation is the effective management of its scenes. This is necessary in order to realise the full potential of all forensic opportunities that may assist in determining the events or solving the matter under investigation. 4.4 Forensic evidence may be compromised by the lack of basic scene preservation procedures. It is vital to protect a scene immediately upon arrival by taking firm and active steps to prevent unnecessary and unauthorised entry. 4.5 Initial Actions by Police 4.5.1 Without prejudice to the primary function of the police, which is to preserve life, where death or life threatening injury is reported and the circumstances appear criminal, unexplained or suspicious, or some other serious crime is apparent, the scene should always be approached and treated as such until the evidence determines otherwise.