1. Criminal Investigation Investigative Doctrines
BSc.(Hons) Forensic Science
Level I
Criminal Investigation
Investigative Doctrines

2. Criminal Investigation
Criminal investigation is the process undertaken to establish whether an act, intention to act or omission may be labelled a crime
The collection of evidence to determine those responsible and how they will be dealt with in the criminal justice system.

3. Criminal Law The purpose of the criminal law is to:
Deter potential offenders from doing acts which harm others
To determine a system for dealing with those who perpetrate such acts
To determine acceptable behaviour in society

4. Criminal Investigation
There are two broad categories of investigative process, namely reactive and proactive investigation.
To these categories should be added a third area of activity, that of intelligence gathering

5. Criminal Investigation
Intelligence is information collected as part of an investigative strategy
It may form a background to the investigation rather than provide evidence
But it is ostensibly subject to similar legal controls.

6. Investigations
An investigation conducted by police officers with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it:
This will include….

7. Investigations
Investigations into crimes that have been committed (Reactive Policing)
Investigations to determine whether a crime has been committed
Investigations in the belief that a crime has been committed (Proactive Policing)
Covert surveillance

8. A Brief History of Policing
Prior to early 19th century policing was the remit of:
Bailiffs
Magistrates
Garrisoned troops
Thief Takers (Bounty Hunters)

9. The First Police 1829 ‘New Police’ founded in London
Establishment for the purpose of keeping order
Policing by patrols to deter crime and to (occasionally) catch criminals
Very unpopular and seen as out of keeping with English tradition

10. The First Police
The methods of the first police are still alive and well
Patrol officers are usually the first at the scene of common crimes
A visual presence is effective at reducing crime at patrol level and reassuring to the public

11. The First Investigators
1842 Metropolitan Police forms a small ‘detective’ branch
Adopting investigative approach to crime reduction and the apprehension of criminals
First example of proactive policing

12. The Criminal Investigation Department
1878 Metropolitan Police form the first dedicated CID
Established disciplined ‘scientific’ approach to criminal investigation
Very soon adopted by all police forces throughout the country

13. The Twentieth Century
Throughout the 1900’s two separate methods of policing developed
Uniformed patrol officers responded to reported crime (Reactive Policing)
CID investigated reported crime (Reactive Policing

14. Specialist Investigations
In serious and organised crimes specialised squads of officers were established
Drug Squads
Vice Squads
Fraud Squads
Proactive methods employed in intelligence gathering (covert operations)

15. Challenges to the System
The late 20th Century saw serious problems with the conduct of criminal investigations
Royal Commission enquiries in 1980’s and an Audit Commission Report in 1994 identified causes for concern
Findings indicated a declining public confidence in competence and integrity of the police service

16. Criticisms of the Police
Lack of transparency and accountability
Ineffectiveness at catching criminals
Miscarriages of justice
Corruption and abuse of power
Perverting the course of justice
Breaches of human rights

17. Corrective Legislation
Police and Criminal Evidence Act 1984
Criminal Procedure and Investigations Act 1996
Regulation of Investigatory Powers Act 2000
Provide statutory regulation on the conduct of criminal investigations

18. Investigative Doctrines
Criminal Investigations are carried out by reference to…
Models
Codes of Practice
Primary legislation
Secondary legislation

19. Criminal Investigation
Models and Codes of Practice:
Home Office/National Centre for Policing Excellence
National Intelligence Model

20. National Intelligence Model
Code of Practice effective from:
12/01/2005
Code of Practice established under
Section 39 Police Act 1996
Police Reform Act 2002
Ss.28 & 73 Police Act 1997
Schedule 1 Police Reform Act 2002

21. Purpose of NIM Setting of common standards
Promotion of compatibility in terminology and procedures
Observance of principles and standards
Systematic programme of police policy, practice and capability
Encouraging good practice

22. Application of NIM
Directly applicable to the forces in the police areas of England and Wales
Defined in s.1 Police Act 1996
See Schedule 1 of that Act
And any other subsequent legislation

23. A National Model for Policing
The NIM has been described as a ‘business process’
The use of intelligence and information to be applied in a defined framework
Relevant to all areas of policing and law enforcement
A Model for Operational Policing

24. A National Model for Policing
Model divided in to a three level process
Strategic and Tactical Tasking
Level 1 Local Crime & Anti Social Behaviour
Level 2 Inter-force and regional criminal activity
Level 3 Serious and organised crime

25. Core Investigative Doctrine
The purpose of an investigation is to discover evidence that will bring an offender to justice
In the English Legal System evidence is governed by strict rules
Failure to adhere to these rules can render evidence otherwise suitable in the process useless

26. Core Investigative Doctrine
The Association of Chief Police Officers promulgated a document entitled:
Core Investigative Doctrine 2005
To provide key principles of criminal investigation
Based on collective experience of police and academic literature

27. Core Investigative Doctrine
The doctrine is a manual for investigators at all levels of criminal investigation
Providing a skill outline for the three categories incorporated into the doctrine
The doctrine supports other programmes designed on a business rationalisation model

28. The Professionalising Investigation Programme
A project commissioned by the Home Office
Identifies four levels of investigation
Working in partnership with National Centre for Policing Excellence and Skills for Justice
Recommends the professionalising of investigation

29. Investigative Levels
The Core Investigative Doctrine examines three levels of investigation
Level 1:
Patrol level Investigation of volume crime (thefts, assaults, public order)
Carried out by Patrol Constables and Police Staff Supervisors

30. Investigative Levels Level 2 Dedicated Investigating Officer
Criminal Investigation Department or investigating officers appointed under Police Reform Act 2002
Investigation into more serious offences, evidence gathering etc.

31. Specialist Investigative Roles
Child Protection…
Specially trained officers to gather information from children
Special Branch…
Specialist officers dealing with threats to national security
Force Intelligence Bureau

32. Senior Investigating Officers
Level 3 Investigations
Murder
Stranger rape
Kidnap
Complex criminal activity and organised crime

33. The Investigators Role
The Criminal Procedure and Investigations Act 1996 defines an investigator…
The term in the Act refers to Police Officers but it is not confined to the police
Other persons have investigative duties
Serious Fraud Office, IPCC, DTI and Department of Transport (Marine and Air Accidents) EHO’s and TSO’s

34. Investigator CPIA 1996 Part II Code of Practice
An investigator is any police officer involved in the conduct of a criminal investigation
Duties imposed by this code cover recording information and retaining records

35. Adversarial or Inquisitorial?
For most of their history police forces have had an adversarial role in the Criminal Justice System
The Police were firmly on the side of the prosecution
Identifying offenders gathering evidence against them and prosecuting the cases in court

36. Adversarial or Inquisitorial?
PACE Safeguards for the rights of offenders
Criminal Procedures and Investigations
Act Methods of investigation subject to accountability and disclosure
Regulation of Investigatory Powers Act Investigators must justify and account for their actions

37. Adversarial or Inquisitorial?
Police officers now seen as more inquisitorial in nature
The ‘search for the truth’
Criminal Justice Act 2003 causes seismic shift in the English law of evidence
With a number of effects on Police Investigations

38. Criminal Justice Act 2003
The English law of evidence experiences marked and fundamental change
Evidence of character (including issues raised at police interview)
Hearsay evidence
Evidence based on inferences where suspect fails to make statements when interviewed under caution