Criminal Investigation An Introduction To Principles and Practice

Criminal
Investigation
An introduction to principles
and practice
C r im in a l In vestigatio n
This page intentionally left blank
C rim in al Investigation
A n in tro d u c tio n to p rin c ip le s an d p ra c tic e
Peter Stelfox
Ö Routledge
Taylor & Francis Croup
L O N D O N A N D N E W YORK
F irst P u b lish e d 2 009 b y W illan P u b lish in g
Published 2013 by Routledgc

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© Peter Stelfox 2009
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Act of 1988.
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ISB N 13: 978-1-843-92338-1 (hbk)

ISB N 13: 978-1-843-92337-4 (pbk)
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Project m anaged by Deer Park Productions, Tavistock, Devon

Typeset by GCS, Leighton Buzzard, Bedfordshire
Contents
List of figures and tables viii
1 C rim e and in vestigative practice 1

Introduction 1
Investigative practice 5
Crim e 7
The response to crime 9
The role of crim inal investigation in the response to
crime 16
Conclusion 24
Further reading 25
2 The developm ent of in vestigative practice 27

Introduction 27
The developm ent of investigative practice 28
Developing investigative practice 39
Investigators 47
Conclusion 53
Further reading 53
3 C rim inal law and policy 57

Introduction 57
The law 58
The policy fram ew ork 71
Conclusion 82
Further reading 83
Crim inal Investigation
4 In fo r m a tio n 85
Introduction 85
Inform ation 86
C lassifyin g inform ation 93
M aterial 97
Inform ation profiles 98
The attrition of inform ation 104
C onclusion 105
Further reading 106
5 T h e te c h n iq u e s o f in v e stig a tio n 107

Introduction 107
K now led ge 110
D ata 124
Elim ination enquiries 139
C onclusion 144
Further reading 144
6 T h e in v e stig a tio n p r o c e s s a n d in v e stig a tiv e

d e c is io n - m a k in g 147
Introduction 147
The investigation p rocess 148
Investigative decision-m aking 157
Record-keeping an d decision-m aking 169
Ethics and decision-m aking 171
Truth and falsity 172
C onclusion 174
Further readin g 175
7 T h e s u p e r v is io n o f c r im in a l in v e s tig a tio n 177

Introduction 177
G overnance 178
Executive m an agem en t 180
M an agin g a b u sin ess unit 188
Su pervision 189
The investigative skills of m an agers and su p erv iso rs 192
C onclusion 193
Further reading 194
8 H o w c r im e s g e t s o l v e d 196
Introduction 196
D efining detections 197
vi
C o n te n ts
The detection rate 198

P atterns of detection 199
G en eral factors 200
Specific factors 203
M o d ellin g the factors that influence detection 214
C on clu sion 219
Further re ad in g 219
9 C o n c lu sio n 221
Furth er re ad in g 230
References 232
Index 237
List of figures and tables
F ig u r e s
3.1 Influences on the three m ain sources of policy 72

4.1 Attrition of inform ation 104
6.1 The stages of crim inal investigation s 149
6.2 The iterative nature of the investigative p rocess 154
9.1 The cycle of im proving p rofession al practice 229
T a b le s
2.1 L egislative ch anges to crim inal investigation s 34

2.2 PIP investigative levels 38
2.3 PIP training 40
2.4 Professions and p rofession al b od ies 41
2.5 A cadem ic disciplin es relevant to crim inal investigation 43
2.6 Types of sq u ad 52
3.1 Key legislation on the p rocess of crim inal investigation 63
4.1 The types of inform ation generated by a crim e 94
4.2 C om p arison of inform ation profiles betw een burglary
and fraud 102
5.1 The techniques of crim inal investigation 108
7.1 Police activity costs 191
8.1 D etections for all crim e types 2001-2006 198
8.2 D etections rate for selected crim e types 2001-2006 199
8.3 O rganisational and p ersonal failings 213
8.4 Factors influencing the likelihood of detection 214
C h apte r I
Crime and investigative practice
In tro d u c tio n
C rim inal investigation is one of the key functions of the police service.
It contributes to the achievem ent of a w ide ran ge of objectives at
every level of policing, from the investigation of anti-social beh aviour
in n eighbou rhoods to international counter-terrorism operations.
W hatever level of offending it is directed at, crim inal investigation
in volves locating, gatherin g and u sin g inform ation to bring offenders
to justice, or to achieve one of the other objectives set for it by the
police service, such a s victim care, intelligence gathering or m an agin g
crim e risks.
D espite the im portance of crim inal investigation, there h as been
little stu d y of how it is practised by individual in vestigators and how
the know ledge, skills and u n d erstan din g they bring to the task m ight
be im proved. Indeed, the recognition that the scope and com plexity
of crim inal investigation is such that it requires a ran ge of know ledge,
skills an d u n derstan din g which is distinct from other areas of police
w ork is relatively recent. The profession al m odel within the police
service h as alw ay s been that of the 'om ni-com petent constable'. This
w as held to be an in d ivid ual w ho could turn their h an ds to any of
the m any problem s that present them selves to the police service to
be dealt with. C rim inal investigation w as seen a s being sim p ly one
of these problem s and all officers w ere expected to be able to carry it
out a s p art of their routine duties. While police forces had a Crim inal
Investigation D epartm ent (CID) of one sort or another to deal with
the m ost seriou s crim es, they rarely constituted m ore than 10 per
I
cent of a force's staff and the dom inant view w as that investigation
required few skills in addition to those p o sse sse d by all officers.
This m ay have w orked w ell en ough in an era when the legal
and technical asp ects of crim inal investigation were relatively
straightforw ard and when there w as a general con sen su s in society
abou t the objective of crim inal investigation and the m eans by which
it w as to be achieved. H ow ever, du rin g the last quarter of a century,
the legal fram ew ork of crim inal investigation h as ch anged beyond
recognition and now en co m passes a ran ge of legislation which
m u st be m astered by investigators if they are to carry out their role
effectively within the law. Scientific and technical adv an ces have been
equally great and m ean that in vestigators m u st have a far broader
know ledge of the techniques of investigation than w as p reviou sly
required.
The objective of crim inal investigation has also changed. At
one time, its sole p u rp o se w as to bring offenders to justice and
in vestigative practice w as sh aped only by the need to identify
su sp ects and gather evidence to su p p o rt prosecutions. Now , victim
care, com m unity reassuran ce, intelligence gathering, disruption of
crim inal netw orks and m an agin g a w ide ran ge of crim e risk s are
also seen as fundam ental objectives of the process. All of these
developm ents have increased the com plexity of the task of crim inal
investigation and m ean that those w ho en gage in it require high
levels of p rofession al com petence if they are to perform their role
effectively.
The police service's capacity to carry out investigation s across the
w ide spectrum of offending it deals with, and its ability to respond
to new challenges as they em erge, consists entirely of the know ledge,
skills and und erstan din g that in d ivid ual in vestigators have of
investigative practice. Legal, procedural, scientific and technical
p rovision s are, of course, im portant, but w ithout the in d iv id u als who
are com petent to ap p ly them in in d iv id ual cases, they w o u ld have
little effect. Therefore, the training and the continued p rofession al
developm ent of in vestigators is of the highest im portance to the
police service. The m odel b y which they are achieved is fast evolving
aw ay from internal police training schools tow ards further and
higher education establishm ents, and increasingly involves external
bod ies in the developm ent and accreditation of stan dard s. These
developm ents are entirely in keeping with the p rofession alisation
of the role of police investigators. But p ast failures to recognise
in vestigative practice a s a distinct area of police w ork m eans that
there h as been little investm ent in practitioner-focused research and
2
C rim e and investigative practice
there is no tradition within the police service of practitioners taking

responsibility for the developm ent of a literature on investigative
practice. A s a result, there is som eth ing of a g a p betw een the
am bition to have in vestigators trained and develo ped according to a
p rofession al m odel and a literature that en ables this to be achieved.
This is not to say that there is no m aterial available at all. A s will
be seen in C hapter 2, m any police forces, governm ent departm en ts
and the A ssociation of C hief Police O fficers (ACPO ) have produced
policy and procedural gu id an ce on v ariou s asp ects of crim inal
investigation, and police training schools still provide stu den ts with
m uch useful m aterial. But the coverage of this m aterial is far from
com prehensive and the quality is variable. Furtherm ore, little of it
is available ou tside of the police service and so those delivering
the m any external courses and other developm ent opportun ities for
investigators often have no direct access to it. Taken overall, such
m aterial cannot be considered to be the type of peer- review ed
p rofession al literature that is available to other p rofession al group s.
To som e extent this g a p in the p rofession al literature h as been
filled by social scientists, academ ic law yers, psy ch o logists and
others within the v ariou s academ ic fields that have an interest in
policing. But because this literature reflects the research interests
and m eth odologies of a w ide range of disciplin es, its relevance
to investigative practice is variable. M uch of the legal literature
d o es have a direct bearin g on practice, as d o es the sub-branch of
psychology that is concerned with investigative interview ing. The
forensic science literature is probably the m ost adv an ced in respect of
practitioner involvem ent and relevance, but m uch of this is naturally
aim ed at forensic practitioners rather than police investigators. Som e
of the literature is b ase d on research carried out to underpin policy or
m an agerial objectives, and this ap p lies to m uch of the social science
literature sp on sored by the H om e Office and the A CPO . This h as som e
relevance to investigators but when the aim s an d recom m endations
of such w ork are exam ined it can be seen that they generally
relate to broader policy or m an agerial issu es rather than the skills
and know ledge that in vestigators need in order to carry out their
role.
This is not to say that either academ ic or policy-based research
is of no value to practitioners. M uch of it is highly relevant and
practitioners can gain a lot from it. H ow ever, the situation is
an alogo u s to engineers havin g access to a literature about the role
that b ridges p lay in society but not on how to build them, to nursin g
literature focusin g on the policy and m an agem en t challenges of the
3
N H S rather than on patient care, or to b u ilders havin g access to a

literature on plan ning law bu t not on construction. O f course, the
value to society of engineers, n urses and b u ilders lies in the fact that
they can build bridges, care for patien ts and construct b u ildin gs. A s
a consequence, and in com m on with m any other occupational gro u p s
such a s law yers, accountants, teachers, social w orkers and m any
m ore, they have develo ped a p rofession al literature in which they
can be trained and develo ped and which can help them resp on d to
evolving challenges. But a practitioner-focused literature such as this
is only ju st em ergin g w ithin crim inal investigation.
The aim of this book is to contribute to that literature by
p rovidin g practitioners and those u ndergoin g training in the m any
disciplin es that su p p o rt crim inal investigation with an introduction
to the principles and practice of crim inal investigation. It d o es this
by exploring som e of the key elem ents of investigative practice in
the police service of En gland and W ales an d how they are app lied
in the m any situation s where the police are called on to carry out
crim inal investigations. In particular it looks at the factors that sh ape
investigative practice and how they influence the outcom es that are
achieved.
Because the evidence b ase for investigative practice is still lim ited,
m uch of this book is b ased on practice draw n from official policy and
procedure rather than from an indepen den t profession al literature.
A s a consequence, I have not referenced the text extensively but
have included all the m aterial I have draw n from in the Further
readin g sections at the end of each chapter. A s the focus of this book
is very m uch on w hat in d ivid ual practitioners need to know about
the principles of investigative practice, m any of the critical debates
around policing within the social science, crim inological, legal and
p sychological literature are not directly ad d ressed . This is partly
because others within the relevant disciplin es are better eq u ip ped
to explore them and partly because they are often not central to
how in d ivid ual crim es are investigated. They m ay nonetheless be
of interest to practitioners and so at the end of each chapter I have
tried to steer readers in the direction of further m aterial on the w ider
questions of policing and crim inal investigation.
A lthough the focus is lim ited to the police in one jurisdiction,
m uch of w hat is covered is relevant to crim inal investigation s carried
out by other public and private agen cies and in other jurisdictions.
The rem ainder of this chapter exam ines the relationship betw een
in vestigative practice, crim e and the crim inal justice system , together
with the objectives that are so u gh t through the investigation of crime.
4
C h apter 2 looks in m ore depth at the developm ent of investigative

practice w ithin the police service of England and Wales. The focus is
on early developm ents, when the investigation of crim e w as m erged
with other policing functions and so acquired its role in delivering
m ultiple objectives within a com plex policin g structure. C hapter 3
looks at how som e beh aviour com es to be defined a s crim inal and the
legal and policy fram ew ork within which investigation s are carried
out. But the investigation of crim e is not sim ply a m atter of the police
enforcing the law. C hapter 4 is concerned with inform ation and how
it is generated by a crim e and the unique inform ation profile that
each crim e gives rise to. C hapter 5 looks at the techniques that are
available to investigators to locate, gather and u se this inform ation,
and C hapter 6 explores the strategies that investigators use to deploy
these techniques in in d ivid ual cases. C h apter 7 looks at how the
w ork of in vestigators is m an aged within the police service. C hapter
8 looks at how law and policy, inform ation profiles, techniques of
investigation and the strategies u sed by investigators to deploy them
all com e together to solve crime. Finally, C hapter 9 d raw s together the
them es d iscu sse d throughout the book to exam ine how investigative
practice is likely to develop in the future.
Investigative practice
It is difficult to overstate the im portance that crim inal investigation

h as assu m ed in contem porary society. D uring the first y ears of the
new m illennium , over five m illion crim es were reported to the police
in E n gland and W ales each year an d crim e control h as becom e
a significant social and political issue. A s a consequence, society
expects the police to be com petent in crim inal investigation at all
levels, from the local to the transnational, and across all types of
offending from the m inor to the m ost serious. This com petence lies
in the investigative practice of in d ivid ual police officers and police
staff en gaged in the investigation of crime.
The p rofession al practice, som etim es also called the expert
know ledge, of any occupational group consists of 'the particular
com petences, sp ecialised know ledge and practices used by occupations
claim ing auton om y and authority to solve specific types of problem '
(Flynn 1999: 34). Professional practice of this sort h as been developed
by other occupational g ro u p s which have traditionally been seen
a s havin g a broad and ill-defined public service rem it sim ilar to
investigators, for exam ple nursin g (Bernhard and Walsh 1995;
5
Benner 1984; Laurenson 1995) and social w ork (D avies 1994; M alin
2000). It is generally contained in a literature written specifically for
practitioners and h as to be m astered before one can be considered to
be profession ally com petent. Such com petency is u su ally recognised
by a qualification or by entry on to a p rofession al register, both
of which function 'a s a tradem ark does, prom isin g a certain level
of perform ance to those w ho rely on it' (D avis 2002: 4). It is often
described in term s of the know ledge that practitioners need in order
to provide the service, the skills and abilities they need ap p ly that
know ledge and the und erstan din g they need to do so. Investigative
practice can, therefore, be thought of a s en co m passin g the know ledge,
techniques and und erstan din g that those tasked with carrying out
crim inal investigation need to do their job effectively.
The know ledge, skills and und erstan din g required by investigators
is sh aped by the com plexity of the investigative task. The law defines
certain types of b eh aviour a s crim inal, it p rovides a fram ew ork of
rules and regulations within which investigators m u st w ork and
it determ ines the stan d ard of evidence that is required before a
prosecution can be brought again st som eone. The law, therefore,
fram es the type of problem that crim inal investigation is for
in vestigators and the w ay in which they can ad d ress it. But the law
cannot describe the w ide ran ge of circum stances in which crim inal
beh aviour occurs or the situation s in which investigators will operate.
N or can it anticipate the type, volu m e or distribution of inform ation
generated by the unique circum stances in which each crim e is
com m itted. Som e offences generate a large am ount of inform ation
that is w idely distribu ted, w hile others generate very little. Locating
and gathering this inform ation is the key focus of investigation s, but
the w ay in which offenders, victim s, w itnesses and com m unities react
after a crim e h as been com m itted determ ines how easy or difficult
this is. N ot all crim es are reported to the police. Even where they
are, the accounts given b y victim s, w itn esses and su sp ects can be
unreliable, partial or false and it is often difficult for investigators
to know w ith any degree of certainty which of these ap p lies in any
situation. Investigative practice eq u ip s them with the techniques
they need to locate and gather inform ation, the know ledge they
need to ap p ly these techniques to the m any different situation s in
which investigation s are carried out and the und erstan din g needed
to interpret the inform ation they gather and u se it to further the
investigation.
The m ain problem of crim inal investigation is therefore one of
m atching the dry certainty of the law to the m essy, unpredictable
6
and com plex reality of the hu m an b eh av io u r called crim e. In order

to d o this effectively they require:
• K n o w led ge of law, inform ation p rofiles, h u m an beh aviour,

in vestigative techniques, an d in v estigativ e strategies.
• Sk ills in a p p ly in g the techniques of crim in al in vestigation su ch a s

in terview in g an d search in g.
• U n d ersta n d in g o f h ow to a p p ly their k n o w led ge an d sk ills to

so lv e the sp ecific type o f problem with w hich they are faced. Th is
in clu d es u n d ersta n d in g the so cial context in w hich the in vestigation
is tak in g p lace and the w a y it w ill im p act on victim s, w itn esses
an d the w id er com m unity.
C r im e
U n d erstan d in g in v e stigativ e p ractice requ ires an u n d ersta n d in g of the

ph en om en on it is aim ed at a d d re ssin g . C rim e is first an d forem ost
ab o u t how p eo p le b eh ave to w a rd s each other and so it h a s a lw a y s
been a featu re o f the h u m an experience. A ncient m y th s are shot
th rough w ith tales of those w h o tra n sg re ssed the legal b o u n d a ries
o f their society, an d recorded h istory d o cu m en ts co u n tless crim es
a g a in st in d iv id u a ls, g ro u p s an d states. Today, no n ew s bulletin w o u ld
be co m plete w ith ou t crim e-related reports. C rim e is even invented
for en tertainm en t an d a high p rop ortio n o f b ook s, film s, p la y s
an d telev isio n d ra m a s h ave fictitious crim es a s their central them e.
W hether o u r experience of crim e is first-hand, from n ew s reports
or from fiction, m o st p eo p le are aw are o f crim e on a d aily b asis.
T h ese exp erien ces sh a p e how w e live. For exam p le, fears ov er the
vu ln erability o f children to crim e so m etim es lead p aren ts to restrict
activities su ch a s p la y in g ou t or online su rfin g, a irp o rts are d e sig n ed
to m in im ise the p oten tial for terrorists to com m it crim e, m an y p eo p le
v o lu n tarily lock th em selves into their h o m es at n igh t for no other
reason than their fear o f crim e, an d a s a society w e sp e n d m illion s
on C C T V cam eras in an effort to m in im ise crim e in o u r streets. In
co n tem porary society, crim e even in fluences the political ag en d a ,
w ith all p arties seek in g to d em o n strate com peten ce in m a n a g in g
crim e an d those w h o com m it it.
O ne o f the difficulties faced b y an y o n e w h o w an ts to a d d re ss
the problem of crim e in society, a s either legislator, p olicy-m ak er or
police officer, is sim p ly the com plexity o f the b eh av io u r that com es
7
to be term ed crim e. M ost p eo p le will readily iden tify that m urder,

rap e, b u rglary an d robbery are crim es, b u t it is d o u b tfu l that they
co u ld n am e m ore than a sm a ll p rop ortio n of the m ore than 8,000
acts that are a g a in st the crim in al law in E n glan d an d W ales. M any
o f these b eh av io u rs h av e nothing w h atso ev er in co m m on other than
the fact that they are a g a in st the law. The teen age girl w h o conceals
her p regn an cy an d w h o se b ab y d ie s from n eglect after a secret birth
co m m its a crim e; the p ro sp ectiv e em p loy ee w h o lies ab o u t their
qu alificatio n s to ge t a job co m m its a crim e; the d ealer w h o sells
heroin co m m its a crim e; the m an w h o a ssa u lts h is w ife co m m its a
crim e; the accoun tan t w h o la u n d e rs m on ey co m m its a crim e an d
the d ru n k w h o d riv es a car co m m its a crim e. T h ese b eh av io u rs are
so d iv e rse a s to d efy ea sy categorisatio n , other than to call them all
crim inal.
If the ran ge o f b eh av io u r that is crim in al is w ide, then the ran ge
o f circu m stan ces in w hich it is com m itted is even w ider. If w e take
a very com m on form o f offen din g, such a s theft, it can be seen that
p eo p le com m it it alon e an d in g ro u p s, so m e of w hich are highly
o rgan ise d for the p u rp o se. It can b e com m itted sp o n tan eo u sly in
re sp o n se to an opportun ity, su ch a s a h a n d b a g left u n atten d ed in a
bar, or it can in volve m on th s o f careful plan n in g. It can be a local
affair or it can in volve international co n spiracies. It can in volve m inor
thefts or m illion s o f p o u n d s an d can be com m itted once or be p art
o f an on go in g p attern o f offen din g. The sa m e is true o f m o st ty p es
o f offen din g. The legal definition o f the b eh av io u r d o e s not gen erally
describe the w id e variety of circu m stan ces in w hich the offence can
be com m itted.
N o r is there any easy exp lan atio n o f w hy p eo p le com m it crim e.
C rim in o lo gy is the acad em ic discip lin e m o st closely a sso cia te d w ith
attem p ts to d isco v e r w hy p eo p le com m it crim e an d in d o in g so it
d ra w s on a variety o f other d iscip lin es su ch a s sociology, p sych ology,
p sychiatry, law, h istory an d an th ro p o lo gy (G arlan d 2002; 15). W hile
it h as p ro d u ce d m an y theories ab o u t the ca u se s o f crim e, there is no
sin gle factor that can exp lain w h y p eo p le com m it it. E x p lan atio n s
h av e been so u gh t in factors such a s poverty, so cial relation sh ips, d ru g
an d alcoh ol ab u se, m ental health, p sy ch o lo gical con d ition s, genetics,
paren tin g, m ascu lin ity an d m an y m ore. A ll o f these th in gs can be
sh ow n to be a sso ciated w ith so m e offen d in g b eh av io u r b u t there is
no gen eral ca u sa l ex p lan atio n of w h y p e o p le com m it crim e.
In ad d itio n , m an y p eo p le take a m o ral view o f the ca u se s of crim e.
Th ey hold that p eo p le com m it crim e b ec a u se they are b a d , anti-social
or w h atever other label fits the m o ral fram ew ork b ein g u sed . This
8
approach is as lim ited a s any other in explaining why som e people

are b ad or anti-social in the first place. The best w e a p p ear able to do
at the m om ent is to say that crim e is a highly com plex phenom enon
that is not easily categorised in term s of the beh aviour involved, the
circum stances in which that b eh aviour occurs or the reason s why
peop le do it.
M any p eop le com m it crim e at som e point in their lives. For
m any this w ill be infrequent, m inor and undetected, or at least
unreported to the police. The 2003 C rim e and Justice Survey w as a
self-reporting su rvey carried out by the Research, D evelopm en t and
Statistics D irectorate of the H om e Office. It estim ated that there were
3.8 m illion active offenders aged betw een 10 and 65 in England and
Wales. The m ajority of these (2.4 m illion) were under 25 years of age
and a higher percentage of m ales su rvey ed said they had offended
(13 p er cent) than fem ales (7 per cent). Thus, offending beh aviour w as
far m ore prevalent in the you n g than in older age gro u p s and am on g
m ales than fem ales. But m ost of those w ho were su rveyed had given
up offending by their early tw enties (H om e Office 2005b).
T h e respon se to c rim e
Running alon gside our experience of crim e, w hether real or fictional,

is society's concern for justice and restoration. Society reflects these
concerns through the crim inal justice system , which can be thought
of as en co m passin g a set of valu es, agen cies and practices that enable
society to form ulate and im plem ent a response to crim e. This response
h as tw o aim s: the first is sym bolic and exp resses society 's view that
crim e is a m oral w rong that requires offenders to be brough t to
justice; the second is instrum ental, in that it is intended to reduce
crim e and society's fear of crim e. C rim inal investigation is central
to the achievem ent of the first of these and p lay s an im portant role
in the second by enabling detected offenders to be diverted from
future crim inal beh aviour and by p rodu cin g intelligence that enables
other crim e prevention and crim e m an agem en t m easu res to be
im plem ented.
View s vary as to the w ay s that these objectives can best be met
and the w ay s in which the interests of victim s, offenders and society
a s a w hole can be balanced. The crim inal justice system seek s to
accom m odate these differences, which are m ainly p lay ed out at the
political level in the legislature, but which are also reflected in the w ay
in which crim inal justice agen cies develop their policies and in the
9
w ay in which in d iv id u als choose to u se the crim inal justice system .

These three elem ents - the legislature, crim inal justice agen cies and
the w ay s in which in d iv id u als respond to crim e - are considered in
detail below.
The legislature
The legislature is the political institution that determ ines what

beh aviour will be defined a s crim inal and the law s by which
in vestigation s are carried out. In relation to the jurisdiction of England
and W ales, the legislature is the two H ou ses of Parliam ent: the
H ou se of C om m ons and the H ou se of Lords. England and Wales is a
com m on law jurisdiction, which m eans that som e offences, together
with the doctrines of the crim inal law and som e legal practice, are
derived from the rulin gs of ju d g e s rather than from the legislation of
politicians. H ow ever, in recent tim es all law h as been m ad e by the
legislature and it is they w ho consider all p ro p o sals for new law s
and debate and am end them in relation to political argum ents. The
p rocess by which this occurs is d iscu sse d in greater detail in C hapter
3, but for now it is sufficient to note that the legislature is essentially
a political institution which is govern ed by the political considerations
of the day. In a dem ocracy, this, in theory at least, gives m em bers
of society access to the legislative p rocess through m em bership of
political p arties, cam paign in g g ro u p s or sim p ly through their M em ber
of Parliam ent. This access is one of the m eans by which the variou s
tensions betw een different view s about the objectives of the crim inal
justice system and how it sh ou ld operate are m ediated.
Crim inal justice agencies
The crim inal justice agen cies are the m eans by which the law s
p asse d by the legislature are im plem ented. The police are the largest
of the crim inal justice agencies, both in term s of the num ber of
peop le em ployed and the proportion of the crim inal justice b u d get
allocated to them by the governm ent. They are also the agency that
h as the m ost direct role in crim inal investigation. They are therefore
considered first and in the greatest depth.
Police
The police are the m ain state agency with responsibility to carry out
crim inal investigation s and have a rem it to investigate all types of
crim e falling w ithin their area. The police service of En gland and
W ales is m ad e u p of 43 indepen den t police forces:
10
Avon and Som erset Leicestershire C onstabu lary

C onstabu lary Lincolnshire Police
Bedfordshire C onstabulary M erseyside Police
C am bridgesh ire C onstabulary M etropolitan Police Service
Cheshire C onstabu lary N orfolk C onstabulary
C ity of London Police N orth am ptonshire Police
C leveland Police N orthum bria Police
C um bria C onstabu lary N orth W ales Police
D erbyshire C onstabulary N orth Yorkshire Police
D evon and C ornw all N ottingham shire Police
C onstabu lary South W ales Police
D orset Police South Yorkshire Police
D urham C onstabulary Staffordshire Police
D yfed-P ow ys Police Suffolk C onstabu lary
Essex Police Surrey Police
G loucestershire C onstabu lary S u ssex Police
G reater M anchester Police T h am es Valley Police
G w ent Police W arwickshire Police
H am pshire C onstabu lary West M ercia C onstabulary
H erefordshire C onstabulary West M id lan ds Police
H u m berside Police West Yorkshire Police
Kent Police W iltshire C onstabu lary
Lancashire C onstabulary
Within these police forces crim inal investigation is carried out

by sw orn police officers an d police staff. Sw orn officers hold the
office of constable and have a set of unique pow ers gran ted under
v ariou s statutes, such as those of arrest and entry. C onfusingly, the
office of constable also includes those w ho have been prom oted into
su p erviso ry and m an agem en t roles within the service. The police
force includes the follow ing ranks:
• C onstable
• Sergeant
• Inspector
• C hief Inspector
• Superintendent
• C hief Superintendent
• A ssistan t C hief C onstable (C om m ander and D eputy A ssistan t
C om m ission er in the M etropolitan Police)
• A ssistan t C om m ission er (M etropolitan and City of London Police
only)
• D eputy C hief C onstable (D eputy C om m ission er in the M etropolitan

Police)
• C hief C onstable (C om m ission er in the M etropolitan and City of
London Police).
Police staff is the term used to describe those em ployed by the police
organisation who are not sw orn constables. A w ide ran ge of roles
in relation to crim inal investigation are carried out by police staff.
For exam ple, call centre staff receiving the initial report of a crim e,
police com m unity su p p o rt officers (PCSO) carrying out patrol work,
p lu s crim e scene in vestigators (CSI), analysts, intelligence officers,
surveillance officers and m any more.
In 2007, there w ere 139,710 sw orn officers within the police service
of England and W ales and 76,721 police staff, although it is not
p ossible to say how m any of each are deploy ed on crim e investigation
at any one time.
Forces are typically divided into Basic C om m an d U nits (BCU)
align ed with local authority areas and the largest proportion of sw orn
officers and police staff are deployed on BCU s. They are involved in
uniform ed patrol, either as p art of a n eighbourhood team servin g
the needs of a particular com m unity or as p art of a team p rovidin g
a response to calls from the public over a larger area. A great deal of
the w ork done by all uniform ed officers is crim e investigation, and
contrary to w hat m ay be expected from p o p u lar literature and dram a,
the m ajority of crim inal investigation s are carried out by them rather
than by detectives or other specialists.
Police forces also m aintain a specialist crim e investigation capacity.
T his generally involves sp ecialists w orking in C rim inal Investigation
D epartm ents, dom estic violence units and child ab u se units on
BC U s, and sq u a d s of officers at a force level w ho specialise in the
investigation of organ ised crim e, fraud, hom icide and terrorism . The
size of these sq u a d s and the focus of their attention vary from force
to force and d ep en d s to a large extent on the priority that each force
giv es to particular types of crime.
Crim inal D efence Service (C D S )

If the police are the gatekeepers to the crim inal justice process, then
defence solicitors m u st be next in line in term s of both the sequence
in which they becom e involved in crim inal investigation s and the
influence they have on the outcom es of in d iv id u al cases. Until very
recently, defence solicitors acted as indepen den t agen ts, and have not
often been considered to be p art of the crim inal justice system . This
12
seem s odd in view of the central role they play in the p rocess of
crim inal investigation and the fact that they are, by and large, p aid for
by the governm ent under the legal aid schem e. Everyone is entitled to
free legal advice if they are arrested and taken to a police station for
questioning, although the degree of assistan ce they receive if they are
charged and have to ap p ear in court is m eans tested. The Crim inal
Defence Service (CD S) adm in isters this system and, a s their w ebsite
states (w w w .legalservices.gov.uk), they help the police and the courts
operate fairly and efficiently by en suring that peop le accused of crim es
have access to legal advice and representation. They are fun ded by
the Legal Services C om m ission, which is a non-departm ental public
body spon sored by the M inistry of Justice. In dividual solicitors, or
their representatives, acting for su sp ects under investigation are still
likely to be independently em ployed in their ow n or a joint legal
practice, but m any specialise in defence work. A sm all num ber are
em ployed directly by the L egal Services C om m ission and p rovide
their services through the Public D efender Service, but this is still a
sm all organisation and is not w idely represented throughout England
and Wales.
A lthough defence solicitors act independently for each client,
they are form ally considered to be officers of the court and have a
responsibility to conduct their cases in the interests of justice. They
are also bound by the Solicitor's C ode of C onduct issu ed by the Law
Society, w hich seeks to ensure that in acting for in d iv id ual clients
they do so with integrity and in the w ider interests of society.
M ost defence solicitors first becom e involved in a crim inal investi
gation when a su sp ect is arrested and taken to a police station. The
police are obliged to inform su sp ects of their right to free independent
legal representation and to m ake the necessary arran gem en ts to
ensure that a solicitor of their choice is requested to attend. At the
police station the so licitor's only role is to 'protect and advan ce the
legal rights of their client' (6D PACE C ode of Practice C).
Crown Prosecution Service (CPS)

The C row n Prosecution Service (w w w .cps.gov.uk) w as establish ed
in 1986 under the Prosecution of O ffenders Act 1985. The original
role of the C PS w as to prosecute the cases sent to them by the
police, havin g first satisfied them selves that the cases had a realistic
chance of lead in g to a conviction. This replaced the p reviou s system
w hereby the police them selves prosecuted cases. U nder this new
arrangem ent the police still retained responsibility for deciding what
charges sh ou ld be brough t in in d iv id ual cases, but in 2003 the C PS
13
took over this responsibility a s well. Their role is now to consider the
evidence collected by investigators, decide on the app rop riate charge
and m an age the prosecution. W here the case is prosecuted in a
m agistrates' court, they generally prosecute the case u sin g a directly
em ployed solicitor, but they brief independent b arristers to prosecute
in the C row n Court. There is generally a close w orking relationship
betw een the police service and the local C PS and in seriou s cases
m an y C PS solicitors p rovide a ran ge of advice on the legal aspects
of the investigation well before the requirem ent to form ally consider
the evidence.
Courts
C ourts hear the cases being prosecuted by the CPS. There are
essentially three levels of courts that are relevant to crim inal
investigation: m agistrates' courts, the C row n C ourt and the C ourt
of A p p eal (C rim inal D ivision). These are all adm in istered by Her
M ajesty's C ourt Service, which is an executive agency under the
M inistry of Justice (w w w .hm courts-service.gov.uk). The m ajority of
crim inal cases are dealt with in the m agistrates' courts. M agistrates
are local peop le who generally have no legal training and are u npaid,
although they get exp en ses relating to their role. They u su ally sit in
p an els of three, called the Bench, and can try cases them selves or, if
the cases are seriou s, can refer them to the C row n Court. M ost tow ns
of any size have a m agistrates' court. M ore seriou s cases are tried in
Crow n C ourts in front of a ju d ge w ho is a qualified law yer and a jury
selected from the community. C row n C ourts can also hear ap p eals
from those w ho believe that there h as been so m e fault in the w ay
their cases have been dealt with in a m agistrates' court. The C ourt of
A pp eal is com posed of senior ju d g e s w ho hear a p p ea ls about cases
tried in the C row n C ourt. The H ou se of L o rds is the highest court
of app eal, where cases are heard by the tw elve Law Lords, w ho are
selected from am on g the m ost senior ju dges.
All courts hear the evidence p u t before them according to rules
laid dow n both by legal tradition and in statutes p asse d by the
legislature. Their role is to hear the evidence according to these rules,
to determ ine if som eone is guilty or not and, if they find them guilty,
to im pose an app rop riate sentence, which is generally design ed to
both pun ish the offender and deter them from further offending.
M any sentences are adm in istered by the courts them selves. These
include fines and orders such as su sp en d e d sentences or conditional
discharges. Other sentences are adm inistered by H er M ajesty's Prison
Service an d the N ational Probation Service.
14
Prison an d Probation Service

H er M ajesty's Prison Service (w w w .hm prisonservice.gov.uk) and
the N ational Probation Service (w w w .probation.hom eoffice.gov.uk)
are both adm inistered by the M inistry of Justice. Their roles are to
carry out the sentences of the courts, to w ork tow ards rehabilitating
offenders and to keep com m unities safe. These tw o crim inal justice
agen cies p lay a lim ited role in the p rocess of crim inal investigation.
Individual responses to crime
The legislature and the crim inal justice agen cies are the m ost visible
elem ents of the crim inal justice system . Their policies, together with
the valu es and w orking practices of those em ployed within them,
are naturally highly influential in sh apin g the type of crim inal justice
system w e have, but so too are the choices m ad e by those w ho use
the system and those w ho seek to influence the local and national
resp on se to crim e. In other w ords, the crim inal justice system is not
sim p ly abou t how the institutions of crim inal justice w ork, it is also
about how society as a w hole u ses them. This is particularly im portant
when considering crim inal investigation. A s will be seen throughout
this book, crim e investigation is a collaborative activity which requires
the active participation of the police, other relevant agen cies and the
community. W hat the police and other crim inal justice agen cies bring
to this collaboration are certain capacities and com petencies, but on
their ow n they are unlikely to have m uch effect. The choices that
in d iv id ual m em bers of society m ake are also im portant.
It is all too easy to view the crim inal law and its application as
a m echanistic function of society. L aw s are p asse d , p eople break
them; som e are caught and p rocessed through the crim inal justice
system , which it is hoped h as an effect on their future behaviour.
In this m odel, the law, and the institutions that are there to app ly
it, operate as objective elem ents of a largely n eutral crim inal justice
system .
The reality is, however, that m ost peop le experience crim e as a
far m ore personal phenom enon than this m odel allow s. Victims
of crim e are not sim p ly the starting point of an investigation or
essential w itnesses in court. They are peop le w ho m ay have suffered
physical or em otional harm a s a consequence of an o th er's behaviour.
Even where this is not the case they m ay feel cheated, em barrassed ,
hum iliated or sh am ed. Som e can even feel a sense of guilt, believing
that they m ay have provoked the crim e or at least not done enough
to prevent it. For these reason s, m ost crim es generate an em otional
15
response in those w ho are m ost im m ediately affected by them.

This can intersect with their religious, political or social values to
p rodu ce a com plex and som etim es contradictory response to the
crim e. Experienced investigators w ill recognise that the old joke that
a conservative is a liberal w ho h as been m u gged often h as the ring
of truth about it.
W itnesses and the w ider com m unities within which crim es occur
can also resp on d em otionally. This is not sim p ly a response to seeing
or hearing the details of d istressin g events. The type and frequency
of crim e in a neighbourhood can be experienced by the p eople living
there a s a statem ent about them and their values. C om m un ities that
have suffered d isad v an tage or prejudice m ay view crim es again st
m em bers of their com m unity a s an index of w ider social attitudes
tow ards them. For exam ple, hom ophobic crim e can be seen by som e
a s not sim p ly abou t attacks on in d iv id u als, or levels of crim e in a
particular location. Its prevalence m ay be interpreted by gay m en
and lesbians as indicating som eth ing abou t how they personally are
view ed an d how safe they are. P eop le's experience of crim e, whether
a s victim s, w itn esses or com m unities, their em otional response to it
and their w ider social, political and religious values, are all im portant
elem ents in sh ap in g the crim inal justice system .
T h e role o f crim in a l investigation in the respon se to crim e
C rim inal investigation is im portant for other agen cies in the crim inal
justice system because it is virtually the only source of the m aterial
they need to p lay their role. If the CPS, defence solicitors and courts
are to m ake effective decision s about the cases that p a ss through their
h an ds, it is im portant that both the quantity of m aterial gathered
about a crim e and its quality are m axim ised by investigators.
There is now an expectation, and indeed a legal requirem ent
u n d er the C rim inal Procedure and Investigations Act 1996 (CP1A),
that investigators w ill p u rsu e all reason able lines of enquiry in an
investigation. This is because it is now understood that the criminal
investigation is u su ally the only chance to identify an d collect the
m aterial n eeded by courts to hear a case. If m aterial is not identified
du rin g an investigation, it is unlikely that it can later be recovered.
This is certainly the case with m ost forensic evidence, which is likely
to d egrad e if not located quickly after the events. Even in the case
of m ore traditional types of m aterial such as w itness accounts, if
16
investigators fail to identify them du rin g the investigation ph ase, it

is unlikely that they w ill becom e available later. Even w here they do,
it m ay be difficult for courts to a sse ss their quality because of the
time that elap sed betw een the events and the w itn ess's account of
them (see C h apter 4 for m ore detail about how inform ation d e grad es
over time).
C rim inal investigation is not only carried out solely to bring
offenders to justice. There are a num ber of im portant ancillary
objectives, such a s victim and w itness care, com m unity reassurance,
intelligence gathering, crim e reduction, disruption of crim inal n etw orks
and asset recovery, all of which rely on effective investigations.
Ju d gem en ts abou t the quality of crim inal investigation do not
rest solely on the effectiveness with which its vario u s objectives
are met. Society is also concerned about the w ay in which crim inal
investigation s are carried out. This h as been a concern from the earliest
d ay s of policing. O ne of the m ain objections to the introduction of
plain clothes police officers to detect crim e du rin g the first decad es
of the M etropolitan Police in the m idd le of the nineteenth century
centred not on the legality or the effectiveness of the p ro p o sals but
on the m ethods the police w ould use, which som e felt w ould am ount
to sp y in g on the popu lation (Em sley 1996: 236). This h as been a
recurring theme in policin g in general and in crim inal investigation in
particular. While society w ants the effective detection of crim e, it also
w an ts the m ethods used to be proportionate and to be im plem ented
with respect for all concerned, including su sp ects and offenders. These
things are not incom patible with effectiveness and are actually likely
to im prove the w illin gness of peop le to co-operate with and su p port
in d iv id ual investigations. The im portance of crim inal investigation to
society lies both in its effectiveness in bringin g offenders to justice and
in the w ay in which it achieves this. H ow crim es are investigated is
seen by m any peop le a s being sym bolic of w ider social relations and
for this reason they expect investigators to exercise the legal pow ers
they have with discretion.
H ow these v ariou s p u rp o se s of crim inal investigation and the w ay
in which they are m et are explored in m ore detail below.
Bringing offenders to justice
The form al p u rp o se of a crim inal investigation in En gland and Wales

is defined by the C ode of Practice under Part II of the CPIA , which
defines a crim inal investigation as:
17
An investigation conducted by police officers with a view to it

being ascertained w hether a person sh ou ld be ch arged with an
offence, or w hether a person charged with an offence is guilty
of it. This will include:
• Investigations into crim es that have been com m itted;
• In vestigation s w h ose p u rp o se is to ascertain whether a crim e
h as been com m itted, with a view to the p ossib le institution
of crim inal proceedin gs; and
• Investigations which begin in the belief that a crim e m ay
be com m itted, for exam ple when the police keep prem ises
or in d iv id u als under observation for a period of time,
with a view to the p ossib le institution of crim inal
proceedin gs;
• C harging a person with an offence includes prosecution by
w ay of sum m ons.
On this definition, a crim inal investigation is the m eans by which

the m aterial required to bring offenders to justice is identified and
gathered. It is the first stage in the crim inal justice process and provides
the inform ation required by the C PS to undertake p rosecution s and
for those acting for su sp ects to take the course of action they believe
is in a su sp ec t's best interests. W here investigation s are su ccessful,
they achieve public policy aim s in that victim s receive justice and
society is protected from further harm by either rehabilitating
offenders or inhibiting their ability to offend further by m easu res
such a s im prisonm ent.
In addition to taking offenders to court, there are a num ber of
other m easu res the police can take to bring them to justice. The
cautioning of you n g offenders by the police h as a long history. M any
young people com m it m inor crim e at som e point and get caught,
but it is know n that the m ajority are unlikely to becom e repeat
offenders. It is w idely accepted that in these cases w arn ing them of
the consequences of their beh aviour together with parental su p p ort
is a m ore constructive approach than prosecution. The system of
cautioning h as grad u ally exp an d ed and now covers a w ide ran ge of
m easures. These are:
• Reprimands. These are given by the police to those aged 10 to 18

years old w ho have com m itted m inor crime.
18
• Final warnings. T h ese are given by the p olice to those a g e d 10 to

18 y ears old w h o h av e com m itted a su b se q u en t m in or crim e or a
m ore se rio u s offence for the first tim e.
• Simple caution. T h ese are giv en to those ov er 18 y ears o ld an d are

d e sign ed to d ivert them from future offen din g.
• Conditional cautions. C on d ition al cau tion s are the sa m e a s cau tion s

bu t they in clu de p ro v isio n s for rehabilitation, su ch a s atten d in g
d r u g treatm ent p ro g ra m m e s an d m ak in g rep aration to victim s.
• Cannabis warnings. A s the n am e su g g e sts, these can b e given by

p olice officers to those they find in p o sse ssio n o f sm all am o u n ts of
can nabis.
• Penaltx/ notices for disorder. T h ese are fixed pen alty notices that can
be issu e d to an y on e ov er 16 y e a rs old w h o e n g a g e s in anti-social
beh aviour.
In issu in g cau tion s an d fixed pen alty n otices in v e stig ato rs are
required to m ak e a ju d ge m e n t that the m aterial they h av e gath ered is
su fficient to p rove the case. The su sp e c t m u st a lso a d m it the offence
an d agree to the p articu lar m ethod o f d isp o sa l.
W hile b rin g in g o ffen ders to ju stice h a s tradition ally been the
p u rp o se o f crim in al in vestigation , there are n ow a n um b er o f other
objectives it is exp ected to achieve.
R e a ssu ra n c e a n d care
V ictim s, w itn e sses an d co m m u n ities are not a h o m o ge n e o u s gro u p .

They differ w id ely in their n eed s an d exp ectation s. T h ese w ill also
ch an ge accord in g to the type o f crim e u n d er in vestigation an d the
ch aracteristics of in d iv id u a l offences. Som e victim s an d w itn e sses
w ill require a great deal of help and su p p o rt follow in g a crim e and
they w ill look to in v e stigato rs to p ro v id e at least so m e o f this; others
w ill not w elcom e the intrusion. A s noted earlier in this chapter, crim e
d o e s not ju st affect those m o st closely in vo lv ed ; it a lso im p acts on
com m u n ities, an d one o f the ob jectives the p olice seek to ach ieve
w hen carry in g ou t crim in al in vestigation is to re assu re com m u nities.
Iden tifying the n eed s an d w ish es o f victim s, w itn e sses an d the
co m m u n ities in w hich crim es are com m itted is not easy, an d h a s not
a lw a y s been d o n e w ell by the police. But there is n ow recognition
that it fo rm s an im po rtan t p art o f in v e stigativ e practice.
19
Crim e prevention an d reduction
C rim inal investigation is one of the m ain w ay s in which the police seek
to control crime. There is som e do u b t as to the general effectiveness
of crim inal investigation a s a m eans of crim e control because of the
relatively sm all num bers of offenders cau gh t in com parison to the
num ber of offences reported to the police. Even where the police do
bring an offender to justice, they are not in control of the m easu res
taken to divert or prevent them from further offending. These are
determ ined by ju dicial sentencing decision s and by the effectiveness
of agen cies such as the Probation Service and the Prison Service.
H ow ever, it is recognised that there is m uch that in vestigators can
do in in d ivid ual cases to prom ote crim e reduction and prevention
du rin g the course of investigations. Research h as establish ed that
those w ho are victim s of crim e once are m ore likely to be victim ised
in the future and so one of the objectives of investigative practice
is to m inim ise the chance of re-offending again st individual
victim s.
Disruption
In recent years, u sin g crim inal investigation as a m eans of disrup tin g

crim inal activity, rather than bringin g offenders to justice, h as been
adv ocated by those en gaged in counter-terrorism w ork and the
investigation of organised crim e. The concept of disruption is not well
develo ped within the police service but it h as been u sed to describe
tw o different situations. The first is where investigators obtain m aterial
that indicates that a specific harm is about to occur. In such cases, they
m ake a tactical decision to intervene an d prevent the harm . In doing
so, they risk losin g investigative opportun ities that m ay have led to
the gatherin g of sufficient m aterial to bring offenders to justice. In
the case of counter-terrorism , such intervention m ay involve arresting
su sp ects to prevent them from carrying out a bom bing attack. In
organ ised crim e enquiries, investigators m ay learn of a p lan to carry
out a violent robbery and intervention will be aim ed at preventing it
from occurring. The logic in both cases is obvious: the prevention of
seriou s harm is a higher priority than gathering m aterial to prosecute
those involved after the event. Where such interventions are m ade,
investigators w ill try to m axim ise the gatherin g of m aterial, but this
is secon dary to preventing the harm . W hat is significant about such
cases is that the disruption occurs in response to a specific threat; in
the absence of such a threat in vestigators w ould have sough t to bring
the offenders to justice.
20
The second w ay in which disruption is u sed differs from the first

because disruption, rather than bringin g offenders to justice, is the
object from the outset. D isruption of this type arises from the difficulty
of gathering m aterial to m ount a prosecution again st m any of those
involved in organ ised crim e or terrorism . The types of outcom e that
will lead to significant disruption of organised crim e netw orks are
m ore difficult to identify than the type of tactical interventions that will
prevent a specific harm . For exam ple, interdicting a d ru g s shipm ent
m ak es sense where it is p ossib le to d o so, but it is unlikely to cause
m ajor disruption to a trafficking network. Those involved expect to
lose a proportion of their d ru g s in this w ay and price them to reflect
the risk. Bringing m em bers of the netw ork to justice on the gro u n ds
that this will d isru p t the rem ainder m ay be viable, but differs little
from the conventional outcom e so ugh t through crim inal investigation
and so hardly m erits being described a s an outcom e in its ow n right.
Seizing the assets of those involved in organ ised crim e is often
p rop osed a s a m ethod of disrup tin g their crim inal activity, but much
of the legislation which enables this to be done requires a conviction
for som e offence before the a ssets can be seized and so can properly
be thought of a s an ancillary m easu re to bringin g offenders to justice,
and is considered separately below. The difficulty of identifying the
specific m easu res that m ay serve to d isru p t organised crim inals does
not negate the value of the approach; it sim p ly reflects the lack of
research into this particular outcom e. W hat is im portant to note at
this point is sim p ly that crim inal in vestigation s m ay be carried out for
the p u rp o se of disruption rather than bringing offenders to justice.
Asset recovery
Like disruption techniques, a sset recovery is prim arily aim ed at

those w ho are involved in terrorism or organ ised crim e. It involves
identifying the a ssets that crim inals h ave accum ulated through crim e
and u sin g variou s legal instrum ents contained in the Proceeds of
C rim e Act 2002 (POCA) to recover them. The origin of this strategy
is the belief that som e crim inal will be d iscou raged from com m itting
crim e if there are no financial profits involved. M any also believe that
there is a m oral im perative to ensure that crim inals d o not benefit
from their crim es and asset recovery is aim ed at this end.
Kidnap, extortion an d hostage negotiation
R esolvin g situation s w here som eone h as been k id n ap p ed and is

being held for ransom , or where in d iv id u als or com pan ies are being
21
subject to extortion to stop an offender from doin g som e harm

such as contam inating p rodu cts or releasing d am agin g inform ation
(often called blackm ail), or w here in d iv id u als are being held hostage
by terrorists for political reason s, all require the skills of crim inal
investigation. The outcom e that is desired in such cases is principally
the safe release of the in d iv id u als or the reduction of the harm that
w ill result from the p rodu ct contam ination or the release of the
inform ation. In such cases, in vestigators w ill try to establish a channel
of com m unication with the offenders to negotiate a safe outcom e
and w ill en deavou r at the sam e tim e to carry out investigation s to
identify them and gather evidence to bring them to justice. Offences
of this type are rare and this is a highly sp ecialised area of crim inal
investigation. A s a consequence, few practitioners will becom e
directly involved in such cases, but the safe resolution of kidnap
and extortion crim es, together with the safe release of h ostages, is an
outcom e of the crim inal investigation process.
Intelligence gathering
The N ational Intelligence M odel (NIM ) is the b u sin ess p rocess u sed
by all police forces to gather and analyse inform ation that is then
u sed for a w ide variety of p u rp o ses around b u sin ess planning, crim e
reduction initiative and crim inal investigation. The effectiveness
of the N IM d ep en d s on the quality of inform ation fed into police
intelligence system s, and in m ost cases this is a by-product of crim inal
investigations. For exam ple, crim e reports p rovide a detailed picture
of offending patterns in particular locations and enables patrol
patterns for officers to be decided. In som e cases investigation s are
carried out for the specific p u rp ose of developin g police know ledge
o f specific p eople or types of offending and this is often referred to
a s 'operational intelligence'. W hether done for b u sin ess plan ning or
to gain operational intelligence, p rovidin g inform ation for intelligence
p u rp o ses is now a key objective of crim inal investigation.
Objectives o f the law and ethics
Crim inal investigation h as a w ide range of strategic objectives, and

in any given case investigators will have to m ake choices about
which of these outcom es h as priority. W hat all of them have in
com m on is that they require investigators to u se the techniques of
crim inal investigation described in C hapter 5 to locate, gather and
use inform ation to achieve the particular objective being sough t. This
h as to occur within the legal fram ew ork that govern s the gathering
22
of m aterial and the treatm ent of in d ivid uals. In vestigators cannot

ignore the law sim ply because they have selected an outcom e that
will not involve bringin g an offender to justice. For exam ple, they
cannot m ount an operation to interdict a sh ipm ent of d ru g s with
the object of disrup tin g a crim inal netw ork, and w ork ou tside of the
legislation on the gro u n d s that they have no intention of prosecutin g
anyone. Sim ilarly, when dealin g with victim s and com m unities, they
m u st ensure that they deal with the release of inform ation about an
investigation in w ay s that will not jeopardise a fair trial of som eone
in the future, even if at that m om ent they have no su sp ect and their
m ain objective is calm ing public anxiety about a crime.
For historical reason s that will be exam ined in m ore detail in
C hapter 2, the rational underlying crim inal investigation h as alw ays
been that of bringing offenders to justice. In som e locations, at som e
tim es and for som e types of offences, the statistical probability of this
occurring h as been very low, but it h ad im portant im plications for the
oversight of the investigative process. This is because investigators
had to m eet stan d ard s that w ould stand scrutiny in court. They m ay
not have alw ays achieved this and on occasions som e m ay have taken
the decision to circum vent these stan d ard s, but they were nonetheless
real and h ad an im portant effect on the w ay investigation s were
carried out. This w as because the oversight that the judiciary gave to
the cases that w ent before them influenced the w ay in which every
crim e w as investigated. The increasing use of m ethods of d isp o sal and
objectives that do not involve courts m eans that bringing offenders to
justice has dim in ished as an u nderpinning rationale for the conduct of
investigations. Som e cases do still get to court, but it is now one option
am on g a number. These developm ents have not been accom panied by
the adoption of any independent alternative to judicial oversight and
so there is a heavy reliance on the internal quality control m echanism s
of the police and the integrity of in d ivid ual investigators. O versight
arrangem ents are exam ined in C hapter 7.
In relation to in d ivid ual integrity, the police service h as adopted
a num ber of ethical stan d ard s to gu id e investigators. The first is the
Police Service Statement of Common Purpose, which lay s dow n a num ber
of basic principles that ap p ly to all police officers. This states that the
p u rp ose of the police service is to:
• uphold the law fairly and firmly;

• prevent crim e;
• p u rsu e and bring to justice those who break the law;
• keep the Q u een 's Peace;
23
Criminal Investigation
• protect, help and reassure the community;

• be seen to do this with integrity, common sense and sound
judgement.
An additional ethical framework for investigators is provided by

A CPO's Core Investigative Doctrine (2005), which states that:
• when a crime is reported, or it is suspected that one may have

been committed, investigators should conduct an effective
investigation;
• the exercise of legal powers should not be oppressive and
should be proportionate to the crime under investigation;
• as far as operationally practical and having due regard to
an individual's right to confidentiality, investigations should
be carried out as transparently as possible; in particular,
victims, witnesses and suspects should be kept updated with
developments in the case;
• investigators should take all reasonable steps to understand
the particular needs of individuals including their culture,
religious beliefs, ethnic origin, sexuality, disability or lifestyle,
see 3.11 Race Relations (Amendment) Act 2000;
• investigators should have particular regard for vulnerable
adults and children;
• investigators should respect the professional ethics of others.
This is particularly important when working with those
whose role it is to support suspects.
One of the objectives of investigative practice is to equip investigators

with the knowledge, skills and understanding they need to carry
out investigations to the highest possible standards and to make
choices about the objectives that are being pursued and the method
of disposing of cases that are driven by considerations of the public
good rather than expediency.
C onclusion
Crime presents society with a set of complex problems which it seeks

to address through the criminal justice system. Criminal investigation
plays an important role within this system, but the range of objectives
24
it seek s to achieve is w ider than sim p ly bringing offenders to

justice. It also p rovides care for victim s and w itnesses, reassuran ce
for com m unities and contributes to the reduction of crim e and the
m an agem en t of m any of the risks society faces a s a consequence of
crim inal behaviour. This is entirely consistent with the w ider social
role p lay ed by the police service in the U K , which seeks to achieve
its objectives through a ran ge of m easu res, only one of which is the
enforcem ent of the law.
The original aim s of policing were to prevent crim e and
disorder through police patrols, which were nothing m ore than
an institutionalised version of the citizen w atch sy stem s that they
replaced. A s such, patrolling police officers needed no additional
p ow ers, and indeed, for a long tim e it w as believed that to give them
specific law enforcem ent pow ers w ould in som e w ay underm ine
their relationship with the com m unities they served. This led the
police to w ork with com m unities and other agen cies to identify how
social control could be achieved in w ays that are acceptable to the
m ajority of the com m unity and the doctrine of policing by consent
becam e a key feature of this style of policing. Law enforcem ent, on
the other hand, su g g e sts an approach to achieving social control
only through the enforcem ent of the law. The investigative practice
that is developin g can be seen to be in the tradition of policing by
consent. The achievem ent of the ran ge of outcom es d iscu sse d in this
chapter d ep en d s on the active participation of in d iv id u als a s well as
the com petence of investigators. Investigative practice seeks to equip
investigators with the skills, know ledge and und erstan din g they need
to w ork effectively in this com plex environm ent. A lthough developing
in the tradition of policing, investigative practice is a far cry from the
traditional concept of the om ni-com petent constables, and C hapter 2
explores in m ore detail how this change cam e about.
F u rth e r readin g
The role that the police play in society and the organisation and
governance of police forces h as been extensively stu died . A key
text is R. Reiner, The Politics of the Police (3rd edn, O xford: O xford
U niversity Press, 2000), which deals with the history, sociology and
politics of the police in E n gland and Wales. A. Wright, Policing: An
Introduction to Concepts and Practice (C ullom pton: Willan Publishing,
2002) exam in es policin g through its key functions, including crim inal
investigation.
25
T. N ew burn (2008) Handbook of Policing (2nd edn, C ullom pton:

Willan Publishing, 2008), covers a ran ge of subjects relevant to
policing in general. Part IV is particularly useful to those interested
in the m any critical deb ates abou t the police and policing.
T. N ew burn, T. W illiam son and A. Wright, Handbook of Criminal
Investigation (C ullom pton: Willan Publishing, 2007) p rovides in-depth
coverage of the field of crim inal investigation. T. N ew burn and
P. N eyrou d, Dictionary of Policing (C ullom pton: W illan Publishing,
2008) is an excellent source of short su m m aries of m any of the
key features, functions and issu es relating to policing in general,
and a large proportion of the entries relate specifically to crim inal
investigation.
C rim e as a social phenom enon h as been extensively researched in
the crim inological literature. An excellent introduction is p rovided
by M. M aguire, R. M organ and R. Reiner, The Oxford Handbook of
Criminology (4th edn, O xford: O xford U niversity Press, 2007), which
gives an overview of m any of the key topics and, in Section Four,
som e of the form s that crim e takes. E. M cLaughlin, J. M unchie and
G. H u ghes, Criminological Perspectives: Essential Readings (2nd edn,
London: Sage, 2003) is a good source for the variou s theories on
w hy p eople com m it crim e a s well as the form s it takes and society's
response to it. These sources sh ou ld enable practitioners to identify
further w orks in the particular crim e types or com m unities within
which they are w orking. The ran ge of crim e types and the extent
of the crim inological literature m ak es it im possible to p rovide a
representative sam p le of w hat is available here. H ow ever, F. Brookm an,
(2005) Understanding Homicide (London: Sage, 2005) and D. H obbs,
Doing the Business: Entrepreneurship, Detectives and the Working Class
in the East End of London (O xford: C larendon Press, 1988) together
with D. H obbs, Bad Business (O xford: O xford U niversity Press, 1995),
are exam ples of the type of crim inological stu d ies that investigators
sh ou ld be fam iliar with. They provide valuable insigh ts into crime,
the com m unities and circum stances in which it occurs and the
in d iv id u als involved a s offenders, victim s and w itnesses.
The crim inal justice system is explored in P. Joyce, Criminal Justice:
An Introduction to Crime and the Criminal Justice System (Cullom pton:
Willan Publishing, 2006), and all the agen cies involved have their ow n
w ebsites which are good sources of inform ation. The three tripartite
partn ers to policin g have w ebsites that provide inform ation on their
structure, geograp h ical area and policies. The H om e Office w ebsite
can be found at w w w .hom eoffice.gov.uk. In dividual police force and
police authorities each have their ow n w ebsites.
26
C h apte r 2
The development of investigative

practice
In tro d u c tio n
The police service h as only recently recognised that the investigation

of crim e requires a distinct occupational practice. O f course, those
responsible for the investigation of crim e have alw ay s h ad a
practice in the sense that they have used their know ledge, skills and
u n d erstan din g of crim e and its investigation to carry out their role. But
there w as never com m on agreem ent about w hat this practice consisted
of and it w as not docum ented in w ay s that enabled practitioners to
be trained and accredited in it. It w as m ore like a craft, which w as
p asse d dow n from practitioner to practitioner, and shot through
with in d ivid ual and local variation. This is not to say that it w as
necessarily ineffective. Far from it; there is plenty of evidence that it
could be very effective and highly respon sive to local needs. But the
practice of crim inal investigation and the training and accreditation
of investigators h as becom e m ore stan d ard ised over tim e and the
police service is seeking to put it on a m ore p rofession al footing. This
chapter sets contem porary developm en ts in investigative practice in
the context of the longer-term role that crim inal investigation has
p lay ed in the police service.
The starting point is the century im m ediately before 1856, which
w a s the year w hen it becam e com pu lsory for every tow n to have
a p rofession al police force. D uring that century, the investigation of
crim e and the instigation of p rosecution s w as a m atter for in d ivid ual
victim s. Policing, where it w as done at all, w as a separate, civic
function, carried out for the benefit of the w hole community. The
27
developm ent of police forces brough t these two functions under

the control of chief constables, w ho took over responsibility for
the investigation of crim e and the prosecution of offenders. The
profession al m odel that develo ped to carry out these two key functions
w as the om ni-com petent constable. This in d ivid ual could carry out
all the functions of the police service equally well. These functions
w ere w ide-rangin g and included, am on g m any others, patrolling a
beat, dealin g with traffic incidents, investigating crim e and policing
sp ortin g events. This m odel persisted until very recently, when legal
and social ch anges highlighted the need for a m ore p rofession al
approach to the investigation of crime.
T h e d e ve lo p m e n t o f investigative practice
The historical perspective
Reiner (2000: 1) has noted that the concept of 'the police' and the
functions that they perform are so fam iliar that w e take them for
granted. It seem s ob viou s now that the police service sh ou ld be
responsible for carrying out crim inal investigation s and for developin g
in vestigative practice. But it w as not alw ay s the case. There is no
general history of the developm ent of in vestigative practice in the
U nited K in gdom , although m any w orks on the history of crim inal
law and the police organisation touch on relevant issu es. A key period
in the developm ent of investigative practice is the century betw een
1750, the year in which the Bow Street Runners were establish ed, and
1856, when the C ounty and Borough Police Act m ad e it com pulsory
for all areas of England and Wales to have a police force. These years
saw the transition from a system of justice w here the responsibility
for investigatin g crim e and p rosecutin g offenders lay with individual
victim s, to one where publicly fun ded police forces received
reports of crim e, carried out investigation s and brough t offenders to
justice.
At the beginning of this period the public officials m ost closely
associated with respond ing to crim e were Justices of the Peace. These
w ere the local representatives of the C row n w ho were em pow ered
to enquire into crim es com m itted in their area. This w as a judicial
function, carried out in a court, and lacked any form al adm in istrative
system for m aking enquiries into crim es that w ere not already
detected. Justices of the Peace could hear allegations of crim e and
could try som e lesser offences them selves or send m ore seriou s
28
T h e developm ent of investigative practice
cases to be heard by a ju dge. H ow they discharged these du ties w as

very m uch a m atter for them and the degree of assistan ce a victim
could expect follow ing a crim e, together with the effectiveness of
the investigation process, differed from area to area.
Som e Justices of the Peace a p p ear to have been relatively p assiv e
and to have sim p ly tried those cases that were brough t before
them by victim s w ho already knew the identity of the offender.
In such cases they could issu e arrest w arrants and could hear the
testim ony of all p arties before deciding whether to deal with the
case them selves or to send it to a higher court. O thers ap p ear to
have been a lot m ore proactive and to have undertaken, or at least
directed, investigation s into crim es that were reported to them. In
d oin g this they w ere su p p o rted by a range of officials, the nature of
which varied according to local tradition. Som e of these officials were
p aid , w hile others were p erform ing un p aid civic functions.
In add ition to the form al p o sts associated with crim inal investigation,
there developed a group of in d iv id u als w ho earned a living by acting
independently of the courts to a ssist victim s in the investigation of
crim e and the recovery of property. Where they were involved in
prosecution s, they also benefited from the fees that courts p aid as
p art of the prosecution process. These in d iv id u als w ere generally
know n as 'thief takers' and h ad a pretty poor reputation because
m any were u ndoubtedly corrupt. They staged thefts to charge a fee
for recovering the stolen property and gave perjured evidence to earn
court fees. But Em sley (1996: 19) notes that som e were effective and
could have been better than any of the available alternatives.
A s a consequence of these arrangem ents, the efficiency of crim inal
investigation varied considerably. In som e p laces it w as reported to
be effective, but in the tow ns and cities, particularly London, it w as
considered to be poor. Detection rested to a large extent on whether
the victim knew the identity of the offender or could discover
it them selves. Furtherm ore, prosecution could be expen sive and
inconvenient and so, even when a crim e w as detected, victim s often
settled for the recovery of their go o d s or other form s of reparation
rather than taking the m atter to court.
The best-know n exam ple of effective local action by a Justice of the
Peace is the establishm ent in 1750 of the Bow Street Runners by Henry
Fielding. Fielding w as an early advocate of im proved arran gem en ts
for controlling crim e, which included full-time p aid officials, the
centralisation of records and the publication of inform ation that w ould
lead to the detection and apprehension of offenders. Fielding w as
29
w hat w as know n at the time a s a 'tradin g justice', that is, he lived

m ainly from the fees he earned a s a Justice of the Peace, and the Bow
Street Runners w ere professional 'thief takers'. Thus, the Bow Street
Runners present an early exam ple of a full-time, p rofession al body
concerned with the investigation of crime.
Running alon gsid e these arran gem en ts for the investigation of
crim e and the prosecution of offenders w ere the equally varied civic
functions that w ere concerned with preventative patrol and watch-
keeping. These had been organised by com m unities for centuries and
involved p o sts such a s constables, b eagles and w atchm en, although
the titles varied over time and in different locations. The functions
they perform ed also varied: som e, such as the night watch, were
essentially w hat w e w ould tod ay describe a s security gu ard s, while
others had a ran ge of functions from appreh en din g know n offenders
to adm in isterin g local arran gem en ts for poor relief. T hose involved
in these civic functions inevitably becam e involved in crim inal
investigation because they had crim es reported to them or were on
hand to help victim s of crim es that h ad ju st occurred. M any were
also under the direction of the local Justice of the Peace and so were
available to a ssist them if required.
There w as, therefore, a very close relationship betw een the civic
functions aim ed at safegu ard in g com m unities and the private functions
of the investigation and prosecution of crim e, but there were also
significant differences. The first w as a local governm ent issu e aim ed
at protection and adm in isterin g local regulations; the second w as
a private m atter aim ed at justice and restoration. While there were
o v erlap s betw een the two, it w as not inevitable that they sh ou ld have
eventually com e together under the um brella of sin gle organisations.
For exam ple, the Bow Street Runners and the M etropolitan Police
coexisted for ten years carrying out their different functions and
could have continued to do so a s separate organisations. But, du rin g
the century betw een the form ation of the Bow Street Runners and
the p assin g of the C ounty and Borough Police Act 1856 these variou s
stran d s of local crim inal investigation and patrol functions coalesced
into police forces. A s they did so, the m any types of local official
w ho had p reviou sly been involved in them were absorbed into the
new police forces and all becam e constables under the direction of
a chief constable. A s p art of their overall objective of su p p ressin g
crim e, chief constables assu m ed responsibility for receiving reports of
crim e an d carrying out investigation s independently of Justices of the
Peace. The role of Justices of the Peace becam e confined to hearing
allegations again st offenders once they h ad been detected.
30
These developm ents did not happen overnight and there w as

m uch experim ent and local variation alon g the way. The Tham es
River Police were establish ed in 1798; in Jun e 1829, the Cheshire
Police Act enabled the em ploym ent of p rofession al constables in
the county; and later that sam e m onth the M etropolitan Police Act
auth orised the establishm ent of a p rofession al police force in p arts of
London. The Parish C onstables Act of 1842 m ad e it com pu lsory for
all areas to m aintain a list of those eligible for du ty a s constables and
m ad e p rovision for their paym en t and su pervision . By 1856, there
w as sufficient confidence that locally m an aged police forces could
effectively respond to crim e and deliver a ran ge of other local services
that the governm ent m ad e it com pu lsory for all local authorities to
establish one. There w as no sin gle m odel by which they did this.
Many, p erh ap s the majority, sim p ly built on w hat already existed and
appointed a chief constable to m an age the force. M any of these were
men w ith a m ilitary b ack groun d or w ere p rofession al police officers
with experience in another force and the Royal Irish C onstabulary
together with the M etropolitan Police w ere popular, but by no m eans
exclusive, recruiting gro u n ds for senior officers.
This m odel of police forces led by a chief constable under local
political control set the pattern of policing that continues to the
present. A s crim inal investigation and prosecution p asse d from being
an essentially private issu e to an adm in istrative process, police forces
establish ed procedu res for receiving reports of crim e, for instigating
investigation s and for m ounting prosecutions. O ver time, investigators
developed im proved know ledge abou t how this system could be
used to investigate crim e and developed im proved techniques for
gathering m aterial. In short, in vestigative practice developed. This did
not h appen all at once and w as not the result of a conscious decision
on the part of the police service. Investigative practice evolved slowly,
and because of the local nature of policing in the UK, different w ays
of approaching the problem s presented by crim inal investigation
developed in different forces. The developm en ts that took place
in the century before 1856 are im portant to our u n d erstan din g of
investigative practice because it w as du rin g this period that crim inal
investigation becam e em b ed ded in the w ider police function.
In thinking about these developm ents, it is im portant to m ake a
distinction betw een the developm ent of investigative practice, which
all police officers u se because they com e into contact with crim e
on a routine b asis, an d the developm ent of C rim inal Investigation
D epartm ents (CID), which are a sub-set of police officers who
sp ecialise in crim inal investigation. From its form ulation in 1829,
31
the M etropolitan Police so u gh t to control crim e through the use

of uniform ed officers patrolling the streets and did not establish a
Detective Branch until 1842. There is little inform ation about the
w orking practice of other forces, but it seem s certain that officers
in police forces throughout the country were involved in crim inal
investigation from the outset. For m any this w ould sim p ly have been
a continuation of w hat they previou sly did before they were called
a police force. The form al adoption of crim inal investigation as a
technique of crim e control therefore p red ates the establishm ent of a
C rim inal Investigation D epartm ent in any force.
The om ni-com petent constable
A lthough crim inal investigation w as a feature of policing from the

outset, it w as not view ed a s an activity that w as sufficiently distinct
from general policing to require a separate p rofession al practice. The
police role in general w as not considered to be com plex (D ale 1994:
211). It w as thought to require the application of a com m on-sense
approach to the w ide ran ge of situation s that the police were faced
with, but little specialist ability. The m odel w as that of the 'om ni
com petent' constable w ho w as able to deal with all policing problem s
equally well and crim inal investigation had no special statu s within
this ran ge of problem s.
The m odel of the om ni-com petent constable w as su p p orted by the
fact that, until relatively recently, the process of crim inal investigation
w as not subject to specific legislation. The view of the police as
'citizens in uniform ', w ho h ad few pow ers above and beyond those
available to any m em ber of the com m unity, m eant that the role of
the police in investigatin g crim e w as poorly defined by legislation
sim p ly because their role in general w as not regarded as being
legally distinct. The position w a s su m m arised in the report of the
1929 Royal C om m ission on Police Pow ers: 'The police of this country
have never been recognised, either in law or by tradition, a s a force
distinct from the general b od y of citizens' (quoted in H itchens 2003:
51). In carrying out a crim inal investigation and presenting evidence
to courts, the police were being paid to do w hat, in theory at
least, anyone could have done and so they required little specialist
know ledge to do it. The regulation that did exist w as not difficult to
u nderstan d or ap p ly and the consequences of non-com pliance were
negligible for the in d ivid ual officer.
The view that the investigation of crim e required few skills
addition al to those of policing in general w as reinforced by research
32
carried out in the late 1970s and early 1980s. This sh ow ed that a s a
general rule crim es are so lv ed because m em bers of the public su p p ly
the police with the necessary inform ation du rin g the early stages of
the investigation. Where this inform ation is not available, it is unlikely
that the crim e will be detected by addition al police activity (in the
U K , Z ander 1979; Steer 1980; Bottom ley and C olem an 1981; Banton
1985; Burrow s and Tarling 1987; in the US, G reenw ood et al. 1977;
Eck 1982). The im plication usu ally draw n from these stu d ies is that
because detections are prim arily determ ined by the w illin gness of the
public to p a ss inform ation to the police, ch anges in police activity or
an increase in resources m ake little difference (Burrow s and Tarling
1982: 14).
A s a consequence of the above, the police service did not develop
a separate profession al practice of crim inal investigation that could
be taugh t to officers. Som e w ork w as done by ind iv id uals, u su ally
located in force training schools, but this w a s un-coordinated and w as
not subject to any form al evaluation to ensure its quality. Even where
training w as provided, it d id not lead to any specific qualification by
which in d iv id u als could dem on strate com petence.
The drivers for change
There a p p ear to be three m ain reason s w hy crim inal investigation

h as now com e to be seen by the police service a s an activity that
requires its ow n p rofession al practice. These are:
• C h anges to the legal fram ew ork of crim inal investigation

• Technological and procedural ch anges to the investigation process
• C oncerns over police effectiveness and conduct in crim inal
investigation.
N on e of these factors have occurred in isolation and they sit in a

com plex relationship to each other. For exam ple, ch anges to the
legal fram ew ork were largely influenced by concerns over police
effectiveness in investigating m ajor crim e, which arose from a series
of m iscarriages of justice, and m any technological and procedural
ch anges w ere driven by a desire to im prove effectiveness. Flowever,
these three headin gs p rovide a convenient w ay to d iscu ss the range
of factors involved.
C han ge s to the legal fram ework o f crim inal investigation

A series of m iscarriages of justice w ere uncovered du rin g the 1970s
33
and 1980s, and the two su b sequ en t Royal C om m ission s they gave rise
to triggered a series of legislative ch anges to the process of crim inal
investigation. These were aim ed at defining the rights of su sp ects and
others, delim iting the pow ers of the police and assu rin g the quality
of evidence through procedural com pliance. A consequence of these
developm ents w as to introduce a specialist b od y of law which has
to be m astered before crim inal investigation s can be conducted with
any com petence. The m ain legislative ch anges and the affect they
have on the crim inal investigation p rocess are show n in Table 2.1.
Taken together, these developm en ts clearly en visage the role of
crim inal investigation a s one of gathering m aterial about the crim e
in a non-partisan, inquisitorial w ay and m aking it available to both
the prosecution and the defence, w ho argu e the case according to the
adv ersarial procedu res of a crim inal trial. The overall effect h as been
to create a com plex legal fram ew ork within which investigation s are
carried out. A s a result, w hen the police are investigatin g crim e they
no longer have the role of 'citizens in uniform ', exercising a general
T ab le 2.1 L e gislativ e ch an ges to crim inal in vestig ation
D ate L e gislation C h an ge to the in vestig ation p ro cess
1984 Police an d C rim in al D efined police p o w ers, laid d ow n

E vid en ce A ct (PACE) in v e stig ativ e p ro ced u res an d defin ed
su sp e c ts an d o th ers' rights.
1985 P rosecution o f O ffences E stab lish ed the C row n Prosecution

Act Service to take o ver respon sibility for
prosecu tion from the police.
1996 C rim in al P rocedu re and P rovid ed a legal definition o f crim inal

In vestigation A ct (CPIA ) in vestigation an d the role of
investigator.
P laced a d u ty on in v e stig ato rs to
in v e stig ate im partially.
P rovid ed statu to ry d isclo su re process.
2000 R egu lation o f In vestigatory D efined p ro ce sse s o f in vestigation

P ow ers A ct (RIPA) an d p lac ed them w ithin a regu latory
regim e.
2003 C rim in al Ju stice A ct G av e the C row n P rosecu tion Service

resp on sib ility for selectin g ch arges
(they p rev io u sly review ed police
ch arges).
34
set of du ties and responsibilities that ap p ly to all m em bers of society.

They are now im plem enting an in vestigative p rocess that h as been
design ed specifically with them in mind.
Technical an d procedural changes to the investigation process

D evelopm en ts in D N A and other forensic techniques, the availability
of m aterial from CCTV cam eras, telephone data, autom atic num ber
plate recognition, internet traffic, im proved intelligence an alysis: all
these and m ore p rovide investigators with sources of m aterial that
their pred ecessors could only dream of. Furtherm ore, developm ents
in legislation, such as those covering the right to silence contained in
the C rim inal Justice and Public O rder Act 1994, also m ean that older
techniques, such as interview ing su sp ects, are now a richer source
of m aterial. These developm ents require in vestigators to expan d the
ran ge of in vestigative techniques they are able to u se in order to fully
exploit the p ossibilities that are open to them.
There has also been a grow th in the num ber of specialists involved
in crim inal investigation and it is now likely that even in the m ost
straightforw ard of cases in vestigators will have to co-ordinate the
w ork of a range of specialists such a s crim e scene exam iners, forensic
scientists and intelligence analysts. In m ore com plex cases, the list of
specialists and experts m ay be considerable. In vestigators m ust know
w hat sp ecialists are available to them, how they can contribute to the
investigation, w hat inform ation is required to deploy them and how to
u se the m aterial they provide. They m u st also have the m an agem en t
skills n ecessary to co-ordinate the w ork of all the specialists u sed in
the investigation.
C oncerns over police effectiveness in investigation

The third factor that h as helped to define the need for a profession al
practice of crim inal investigation is concern over police effectiveness
in the investigation of both m ajor crim e and volu m e crim e. The
investigation of m ajor crim es, such a s m urder, are seen by the public
a s an index of police com petence overall (Innes 2003: 276). It is also
seen within the police service a s a m odel for the w ay in which
other investigation s sh ould be conducted. H er M ajesty's Inspector of
C on stabu lary (HM IC 2000: 115) h as stated that 'the investigation of
m urder sh ou ld set clear stan d ard s of excellence that all other crim inal
investigation can follow '. But the police have not alw ay s succeeded
in living up to public expectations or their ow n asp iration s in this
area. C orruption scan d als, m iscarriages of justice and organisational
and in d iv id ual blun ders have occurred in m ajor crim e investigation
35
throughout the history of the police service (M aguire 2003: 375). These
failures are generally follow ed by the introduction of new procedures
aim ed at en su ring that they do not re-occur.
There is, however, a grow ing realisation that the service's best
defence again st failure in investigation lies not ju st in the introduction
of such procedural m easu res, but also requires im proving the skills
of investigators. This is because the high level of variation in the w ay
in which in d iv id ual crim es are com m itted m akes it difficult for the
police organisation to lay dow n hard and fast rules about the type of
activity that m ay be effective in any given case. In vestigators m ust
a d ap t to the unique circum stances that each case presen ts them with.
T his m eans that they m u st be com petent in the techniques of crim inal
investigation and have experience in ap p ly in g them to a w ide range of
cases. M anagem ent structures and procedu res do, of course, need to
be ad equ ate and Bow ling and Phillips (2002: 155) m ake the valuable
point that often too little attention is p aid to them w hen seeking
to understan d the outcom es of police w ork, particularly adverse
outcom es such as racism . H ow ever, the com petence of investigators is
a key determ inant in the su ccess of crim inal investigation. The police
service h as already identified that there is a lack of senior detectives
with the necessary skills to carry out the role of senior investigatin g
officers (SIO) in m ore seriou s crim es (Flannery 2004: 26) and m aking
im provem en ts in this area w as one of the original driv ers behind
the p rofession alisation of crim inal investigation, which is d iscu sse d
in m ore detail below.
In addition to its role in relation to m ajor crim e, crim inal
investigation is also view ed a s an im portant elem ent in the drive
to reduce crim e in general: 'D etecting, convicting and p un ishing
crim inals app rop riately are at the heart of long-term crim e reduction'
(H om e Office 2001: 17). But H er M ajesty's Inspector of C onstabulary
(HM IC) (Flannery 2004: 26) found that in som e areas there w as a
lack of ad equ ate investigative skills am on g patrol officers. The
sam e report also found that their m an agers did not understan d the
p rocesses of investigation either and did not check that the routine
p rocedu res of investigation were carried out adequately. A d d ressin g
these sh ortcom ings h as been one of the key drivers for change in
investigative practice.
C h an ges to the legislative fram ew ork of crim inal investigation,
developm ents in the techniques and p rocedu res u sed to carry them
out and concerns over the effectiveness of crim inal investigation have,
betw een them, served to identify crim inal investigation a s an area
of policing that requires the developm ent of a profession al practice
36
which can be taugh t to in vestigators and again st which they can be

tested. A s H M IC (2004: 173) h as noted:
Policing is now highly com plex and sp a n s a m assive spectrum

of activities requiring a sim ilarly extensive range of skills and
com petencies in those taking u p the challenge. The om ni
com petent officer has been a traditional icon and su p p o sed
m ainstay of the service. It is debatable w hether effective om ni
com petence h as ever actually been achieved but it is now
abun dan tly clear that such an aim is no lon ger viable, or indeed
app rop riate, for 21st century policing needs.
The Professionalising Investigation Program m e (PIP)
The recognition that in vestigative practice n eeded to change in

response to these drivers led, in Septem ber 2005, to the A ssociation of
C hief Police O fficers of England, W ales and Northern Irelan d1 (ACPO)
launching a national training and developm ent program m e intended
'to enhance the crim e investigation skills and ability of police officers
and staff involved in the investigative p rocess and to drive through
new stan d ard s of investigation at all levels' (N CPE 2005: 1).
The term 'p rofession alisin g' a p p ea rs to have been deliberately
chosen by those design in g PIP to sign al that it intended to bring
about im provem ents in crim inal investigation through training and
developm ent rather than through alternative strategies, such as re
engineering b u sin ess p rocesses or im proving m an agem en t system s.
W hile there is little agreem ent in the general literature on the
m eaning of term s such a s 'profession al', or the attributes that define
a particular occupation group as a profession (Beckley 2004: 92), the
term p rofession alisation is w idely used within the police service as
shorthand for im proved training and developm ent (Perrier 1978: 212,
A llgood 1984: 676, Sm all 1991: 315, Phillips 2003: 5) and it is in this
sense that it is u sed by those design in g PIP.
The training of investigators, like m ost police training, had been
based on a craft m odel where officers receive som e basic form al
training but learn the m ajority of w hat they knew 'on the job'. In
addition , an d p ossib ly because of the above, the police service
never form ally exam ined the com petence of in vestigators again st
an objective stan dard. Ju d gem en ts about com petence were generally
m ad e by line su p erv iso rs b ased on their experience of w orking
with the in dividual, u su ally once a year du rin g form al perform ance
ap p raisal. This system w as heavily reliant on the experience of the
37
in d ivid ual su p erv iso r who m ay have had difficulty in explain in g the
stan d ard s they use.
PIP ad d resse d these sh ortcom ings by p rovidin g a cradle to grav e
training curriculum for investigators that takes them from the
basic levels of investigation through to the m ost com plex. The PIP
program m e focu ses on the qualities of investigators at three levels,
a s show n in Table 2.2.
A ll police officers attend the Initial Police Learning and D evelopm ent
P rogram m e (IPLDP), which is developed for the service a s a whole
but delivered by in d iv id u al forces, som etim es in conjunction with a
local university. The full p rogram m e takes tw o years to com plete and
consists of form al classroom -based training and w ork experience. The
latter is gain ed on a BCU , in the com pan y of a tutor constable w ho will
patrol with the officer and instruct them on the practical application
of a ran ge of policin g skills, including crim inal investigation. In the
latter part of their training they carry out indepen den t patrol to gain
experience of dealin g with cases on their own.
They w ill then be subject to indepen den t assessm en t again st the
N ational O ccupational S tan d ard s (N OS). N O S have been developed
by Skills for Justice, an organisation fun ded by the govern m ent to
identify learning n eeds in crim inal justice organisations and to link
T ab le 2.2 PIP in v e stig ativ e levels
In v estig ativ e E xam p le role D escription o f typical

level in v e stig ativ e activity
Level 1 P atrol c o n sta b le /P o lic e In vestigation o f anti-social

Sta ff / S u p e rv iso rs b e h av io u r and v o lu m e crim e.
Level 2 D ed icated in vestigator, In vestigation into m ore se rio u s

e.g. C ID officer an d problem offen ces in clu din g
Sp e cialist in v estig ativ e road traffic death s.
roles,
e.g. C h ild ab u se C hild a b u se in vestig ation s,
in vestigation , Special S p ecial Branch, Fam ily Liaison ,
Branch, F am ily L iaison , Force Intelligence Bureau.
M ajor C rim e
Level 3 Senior In v estig atin g L ead in v e stig ato r in c a se s o f

O fficer m u rder, stran g er rap e, k id n ap
or co m plex crim es.
Source: N C P E 2005: 1.
38
The development of investigative practice
these to qualifications. The N O S describe competent perform ance

in relation to the outcom es of investigations and the know ledge,
skills and understanding investigators need to perform effectively.
They, therefore, provide a benchm ark against which an individual
investigator's competence to practise can be tested. A ssessm ent has
three elements: com petent perform ance of investigations again st the
N O S; proving the required level of understanding of the specialist
know ledge of crim inal investigation; and dem onstrating appropriate
core behaviours, including comm unity relationships and diversity
(NCPE 2005: 10). Investigators undergo periodic reassessm ent and
m echanism s exist to su spen d the registration of those who are found
not to be competent.
Follow ing initial training and developm ent, officers m ay receive
a range of training in specific aspects of criminal investigation,
for exam ple surveillance training, exhibit handling and so on. The
training specifically associated with the three levels of PIP is show n
in Table 2.3.
PIP is aim ed at ensuring that the professional practice of criminal
investigation being developed by the service is backed up by a
training and developm ent program m e and, perh aps m ost importantly,
by a m eans of assessin g the competence of investigators.
D e v e lop in g investigative practice
The professionalisation of investigation is dependent on an

authoritative investigative practice that form s the b asis of training,
continued professional developm ent and accreditation. Professional
practice is usually developed by bodies that are independent of those
w ho em ploy individual practitioners. The result of this arrangem ent
is that practices can be developed that are in the best interest of
clients and the public good rather than in the best interests of the
em ployers, w ho m ay be more interested in issu es of profitability,
productivity or m inim ising expenditure in training rather than
the maintenance of professional stan dards. Table 2.4 lists som e of
these professions with the bodies that develop their professional
practice.
This division betw een the bodies that develop professional
practice and em ployers has not alw ays been seen in a positive light.
The claim of professionals to know w hat is right for custom ers has
been increasingly questioned (Exworthy and H alford 1999: 5) and
professional bodies have som etim es been seen to be more concerned
39
T able 2.3 PIP training
C ourse Sum m ary
P IP L e v e l 1
Initial Police Learning and The basic training course that all police
D evelopm ent Program m e officers go through and it form s the
(IPLDP) b asis of their accreditation to PIP Level 1.
Sexual Offences - Specially P rovides training for those involved in
Trained Officer D evelopm ent the initial response to sexual offences and
Program m e (STODP) the interview of com plainants in such
cases.
Investigative Interview ing for P rovides enhanced training in
Volume and Priority investigative interview ing techniques for
Investigations officers investigating crim e at PIP Level 1.
P IP L e v e l 2
Initial Crim e Investigators The basic training course for all police
D evelopm ent Program m e officers who carry out investigations
(ICIDP) at PIP Level 2.
Initial M anagem ent of Serious A im ed at su p erviso rs w ho m an age the
Crim e (IMSC) initial response to serious crim e incidents.
Detective Inspectors Trains officers to conduct com plex
D evelopm ent investigations at PIP Level 2 and to
Program m e (DIDP) m an age others during such investigations.
Specialist Child A buse Trains those involved in the investigation
Investigator D evelopm ent of child abuse.
Program m e (SCAIDP)
Fam ily Liaison Officer (M ajor Trains those who are carrying out the role
Crim e and M ass Fatality) of fam ily liaison officer in hom icide and
other incidents involving the loss of life.
Investigative Interview ing for D evelops investigators' abilities in
Serious and C om plex investigative interviewing.
Investigations
M anaging and Co-ordinating A im ed at those m an agin g others involved
Interviews for C om plex or in investigative interview ing in com plex
M ajor Investigations investigations or who are adv isin g SIO s
Interview A dvisor D evelopm ent in such cases.
Program m e
P IP L e v e l 3
Senior Investigating O fficers This program m e p rovides training for
D evelopm ent Program m e those who will be leading hom icide and
(SIODP) m ajor incident investigations.
40
T ab le 2.4 P ro fessio n s an d p ro fe ssio n al b o d ies
P rofessio n P rofessio n al b o d y
M ed ical D octors G en eral M ed ical C oun cil

C h artered A ccou n tan ts A sso ciatio n o f C h artered C ertified A ccou n tan ts
N u rse s N u rsin g an d M idw ifery C oun cil
Social W orkers G en eral Social C are C oun cil
Solicitors L aw Society
B arristers G en eral C ou n cil for the Bar
P sy ch o lo g ists British P sych ological Society
with protecting their profession al position than servin g the public

good (Flynn 1999: 19).
The police service has no sin gle body that defines profession al
practice independently of chief constables or the H om e Office. Prior
to 2007, the m ost com m on w ay in which practice w as developed
for the service w as through w orkin g g ro u p s of A CPO , through
research com m issioned by the H om e Office or through the efforts
of individual forces. In addition , a ran ge of b od ies including H er
M ajesty's Inspector of C on stab u lary (H M IC), the Policing Stan d ard s
U nit (PSU) and others, develo ped p rofession al practice for areas of
policin g within their remit. In m any cases these organ isation s had no
full-tim e staff dedicated to the role and so it w as done by w orking
g ro u p s of in d iv id u als in addition to their other duties. D espite the
difficulties, a great deal of policy, gu idance and advice for practitioners
w a s produced. E xam ples include the Murder Investigation M anual, first
p u blished by the A CPO H om icide W orking G roup in 1998, Vulnerable
Witnesses: A Police Service Guide, p rod u ced by the H om e Office in
2001 and Domestic Burglary: National Good Practice and Tactical Options
Guide, p u blished by the Policing S tan d ard s Unit in 2003.
In 2007, the H om e Office brough t together a range of the national
agen cies that p lay ed a role in su p p ortin g policing into the N ational
Policing Im provem ent A gency (NPIA). One of N P IA 's responsibilities
is the production of p rofession al practice for the police service and
this is accom plish ed within its Professional Practice Unit. Within this
unit, there is team responsible for the developm ent of investigative
practice. The N PIA Investigative Practice Team ad o p ted the definition
of in vestigative practice contained in the C ore Investigative Doctrine,
w hich is the know ledge, techniques and u nderstan din g that
investigators require to carry out their role, and this is explored
further below.
41
C r im in a l Investigation
Knowledge
The know ledge required for professional practice is generally

produced by an academ ic community with strong links to practitioners
and is contained in a professional literature. In the case of criminal
investigation, this should contain all the know ledge investigators need
to m ake sense of the w ide variety of situations they are presented
with (Ormerod et al. 2005: 1) and should draw on a diverse academ ic
literature. Despite the central role that investigative practice plays in
delivering the police service's strategic aim s, investigators have a
relatively m odest professional literature and there is a pressing need
to develop it further. Such academ ic research as there has been has
focused on a narrow band of issues with a limited methodological
palette and few studies have focused on the know ledge, skills and
experience that investigators require to carry out their role.
In describing what she calls 'crime science', Laycock (2005: 6) draw s
an analogy with the m edical profession, which u ses the disciplines of
chemistry, biology, physics, epidem iology and biochemistry to provide
a body of know ledge described as 'm edical science'. A literature
for investigators is likely to be equally multi-disciplinary and will
include the criminal law, psychology, the forensic sciences, sociology,
criminology, operations m anagem ent and m edia, am ong others. The
w ays in which various disciplines could contribute to investigative
practice are shown in Table 2.5.
In order to study criminal investigation in the round, it is necessary
to draw on all the above disciplines. But studies of investigative
practice are still relatively rare, with the exception of investigative
interviewing where there is an active group of practitioners and
academ ics which prom otes research and develops practice. Research,
such as that by Milne and Bull (1999) and Bull and Milne (2004)
has been developed into practice in the ACPO Investigative Interview
Strategy (2001) and guidance for practitioners in the Practical Guide
to Investigative Interviewing (2003). There are now national training
courses in investigative interviewing and an ongoing program m e
of evaluation of the effectiveness of the technique. Those involved
in these developm ents believe that the key to success has been the
existence of a national infrastructure under the leadership of the
ACPO National Investigative Interviewing Strategic Steering Group,
which is supported by regional co-ordinators and lead officers within
each force. The work done by this group provides a m odel of what
can be achieved in relation to investigative principles, but it remains
the exception rather than the rule.
42
T h e d e v e lo p m e n t o f in vestigative p ra ctice
T able 2.5 A cadem ic disciplines relevant to crim inal investigation
Discipline Contribution
Law Interpretation of the crim inal law and legal practice.
Psychology The behaviour of offenders, w itnesses and gro up s

affected by crime.
Particular sub-disciplines are:
• Investigative interview ing
• Behavioural sciences
• Investigative decision-m aking
Crim inology A n u nderstanding of w hy crime occurs and the w ay in

which society responds to it.
A nalysis of crim e trends.
Crim inal justice H ow crim inal justice agencies work. Particular su b

disciplines are:
• Probation
• Prison
• Police
• C ourt system s
Sociology The role of policing in society and the w ay it im pacts

on com m unities and individuals.
M edia The w ay in which policing is portrayed in the m edia

and the w ay in which the police use the m edia to
achieve variou s organisational aim s.
M anagem ent The application of developm ents in m anagem ent to the

processes of crim inal investigation.
Sciences, The application of scientific, technical and engineering

Technology and developm ents to the gathering, an alysis and
Engineering interpretation of m aterial in crim inal investigation
(often referred to collectively a s Forensic Science).
M edicine The application of m edical science to crim inal

investigation. The two main su b -grou ps are:
• Pathology
• Forensic m edical exam ination
43
Core Investigative Doctrine d iv id e s the know ledge required

by investigators into three basic areas, each of which h as leanings
tow ards different academ ic disciplines.
Legal knowledge
In vestigators are expected to take action to secure relevant m aterial
in operational situation s when 'they m u st depend on instinct, habit,
or mem ory, rather than library research' (D avis 2002: 187). In order
to d o this they need a w orking know ledge of the legislation that
gov ern s the conduct of investigation s, together with the m ain types of
offences they are likely to have to investigate. Lack of this know ledge
could lead them to take action that is unlaw ful or to gather m aterial
in w ay s that m ake it unlikely that it will be accepted as evidence. Of
all the areas of know ledge required by investigators, the literature on
crim inal law is p erh ap s the m ost develo ped and readily accessible.
Online access to the Police N ational L egal D atab ase (PN LD ) is
available to all officers and there are a num ber of publication s written
specifically for them (W ilson 2004, English and C ard 2005; Johnston
and Hutton 2005). N PIA have also p u blished gu id es to specific areas
that are ju d g e d to be problem atic, for exam ple:
• A CPO , Practice Advice on the Use of Immigration Powers Against

Crime (2005)
• A CPO , Practice Advice on Part 4 of the Anti-social Behaviour Act 2003
(2007)
• A CPO , Practice Advice on Evidence of Bad Character (2005).
N ation al an d local policies

The local structure of policing and the com plexity of its strategic
remit led to the developm ent of a great deal of national and local
policy. The reason s for p rodu cin g policy include:
• En suring com pliance with the law

• Procedural go o d practice
• Im proving service delivery
• Resource m an agem en t
• M an aging inter-agency co-operation.
M any of these policies im pact on crim inal investigation and so

investigators need to know those that are relevant to the type of
investigation s they are involved in. This enables them to com ply with
legislation, follow procedure and gain access to the m ost app rop riate
44
resources or level of inter-agency co-operation required to carry out

an investigation.
Investigative principles
There is no tradition in the police service of recording the experience

of in vestigators or of an aly sin g the reason s for su ccess or failure (West
2001: 13) A s a consequence, em pirical research h as not focused on
com parin g an d evalu atin g crim inal investigation techniques in w ay s
that w ould inform the choices m ade by investigators. N onetheless,
in vestigative prin ciples are available to them in the A CPO Core
Investigative Doctrine (2005) and other official m an uals, som e of which
are listed below.
• A CPO , Practice Advice on Core Investigative Doctrine (2005)

• A CPO , Practice Advice on Evidence of Bad Character (2005)
• A CPO , Practice Advice on Search Management and Procedures (2006)
• A CPO , Practice Advice on Financial Investigation (2006)
• A CPO , Practice Advice on House to House Enquiries (2006)
• A CPO , Practice Advice on Stop and Search in Relation to the Terrorism
Act (2006)
• A CPO , Guidance on the Management of Covert Human Intelligence
Sources (2006)
• A CPO , Practice Advice on The Right to Silence (2006)
• A CPO , Practice Advice on Dealing ivith Legal Advisors (2006)
• A CPO , Practice Advice on the Management of Expert Advisors (2006)
• A CPO , Practice Advice on Family Liaison (2008)
• A CPO , Guidance on the Use and Management of Specialist Surveillance
Techniques (2008)
Skills
The skills that investigators require can be thought of in three

group s:
1 Investigative techniques. Som e of the techniques of crim inal

investigation, such as forensic exam ination, are applied by others,
but the majority, such a s interview ing, searching and view ing
CCTV im ages, can be ap p lied directly by in vestigators and they
need to be skilled in their use. These techniques w ill be exam ined
in m ore detail in C hapter 5.
2 Communication. A s w as seen in C hapter 1, crim e is essentially
about how people beh ave to each other and within society.
C arryin g out a crim inal investigation is therefore prim arily about
45
dealin g with p eople, and often at tim es when they are distressed ,
frightened or an g ry W ell-developed com m unication skills are
essential if in vestigators are to gather inform ation from those
involved in crim es, whether a s victim s, w itnesses or offenders.
Furtherm ore, the m aterial they gather generally h as to be shared
with others involved in the investigation process or presented in
briefings or to courts, and these activities involve a high degree of
com m unication.
3 The management of investigations. A range of m an agem en t skills are
required by investigators. They m u st m an age their caselo ad s by
deciding on priorities and allocating time and resources to achieve
them. They m u st m an age the m aterial they gather, m aking sure
that exhibits are correctly labelled and catalogued and that the
correct procedu res have been follow ed for storing them. They
m u st task others to carry out v ariou s activities associated with the
investigation and m u st integrate their w ork into the overall effort
of the investigation. Finally, they m u st keep goo d records of w hat
they have done and why, for their ow n benefit and that of other
investigators w ho m ay have to take over the investigation from
them, or su p erv iso rs w ho m ay need to carry out m an agem en t
functions, or courts, which m ay w ish to au d it the decision s they
have m ade. In vestigators need to be skilled in all these generic
m anagem ent functions to enable them to keep control over the
p rocess of investigation.
Understanding
U n d erstan d in g how to ap p ly the know ledge and skills of

in vestigation s to the m any situation s in which crim es are com m itted
and to the m any different peop le encountered is an essential elem ent
of investigative practice. This is not sim p ly a case of m axim ising the
m aterial they gather, it is equally about know ing how and when
to exercise discretion and judgem ent. In vestigators' understan din g
of crim inal investigation and how to do it well com es m ainly from
experience, but official m an uals p rovide gu idance to them in variou s
areas. Som e exam ples are listed below.
• A CPO , Guidance on Investigating Child Abuse and Safeguarding

Children (2005)
• A CPO , Guidance on Investigating Serious Sexual Offences (2005)
• A CPO , Guidance on the Management, Recording and Investigation of
M issing Persons (2005)
46
• A CPO , Practice Advice on Investigating Harassment (2005)

• A CPO , Murder Investigation M anual (2006)
• A CPO , Guidance on Investigating Domestic Abuse (2008)
In ve stigato rs
Since the establishm ent of the m odern police service in 1856, m uch
has changed, including the p rofession al know ledge, skills and
u nderstan din g required by police officers. But desp ite this, one thing
h as rem ained constant: the im portance of uniform ed constables to the
policing function. The overw helm ing m ajority of all police functions,
including crim inal investigation, are delivered by uniform ed patrol
officers, who m ake up the m ajority of the workforce. U niform ed officers
are organ ised to p rovide a tw enty-four hours a day patrol function.
Their m ain p u rp o se is to provide a visible uniform ed presence in a
com m unity and to respond to calls for service from m em bers of the
public. Their patrol duties m ean that they occasionally com e across
crim inal offences, which require them to initiate an investigation there
and then, but it is m ore com m on for them to be sent to a crim e as
the consequence of a report being m ad e by a m em ber of the public
to a police call centre. Telephone reports are g rad ed to a sse ss the
level of response required, and w here this involves police attendance
at a scene or to the person m aking the report, a uniform ed patrol
officer will be sent. Their role in these cases is to carry out an initial
investigation, aim ed at gathering any m aterial that is im m ediately to
hand, such a s victim and w itness accounts and CCTV im ages and
to arran gin g a crim e scene investigation if required. In m ore seriou s
cases they m ay call addition resources to the scene and others will
take over the investigation from them.
O fficers' initial reports are subject to a screening p rocess that is
design ed to quality assu re the initial investigation and m ake decisions
abou t the level of further investigation required. M any investigation s
d o not p rogress beyond this stage because it is ju d ged that nothing
further of any value can be done. Where additional investigation is
required, the case m ay be sent back to the original officer to com plete
enquiries, or if they are not available, one of their colleagues. M ost
reported crim e is investigated in this w ay and uniform ed patrol
officers spen d about 20 per cent of their tim e on crim e-related w ork
such a s investigation, processin g prison ers and p reparin g prosecution
files (PA C onsulting 2001: 14). A lthough uniform ed patrol officers
w ill be involved in the initial response to virtually all types of crim e,
47
each police force h as its ow n policy on w hat type of crim e should

be allocated to them for follow -up investigation. Typically these will
include offences of theft, assau lt, vehicle crim e, d am age and burglary,
although m ost forces will allocate such investigation s to specialists
if considerable harm h as been cau sed to victim s or high valu e s are
involved.
Where the crim e is ju d ged to be seriou s or com plex, the
investigation is likely to be allocated to a detective or other specialist
investigator. Unlike uniform ed patrol officers, w ho carry out a range
of policing functions, the m ain role of detectives and other specialist
in vestigators is the investigation of crime. There is no definition of
a detective within the police service. It h as traditionally described
those w ho w ork in C rim inal Investigation D epartm ents (CID) and
although som e forces now use different titles for such departm ents,
the term detective is still w idely u sed. G enerally sp eak in g abou t 10
per cent of BC U staff will be in the CID. These will be officers with
specialist training who investigate those cases that are deem ed to be
m ore seriou s or com plex and therefore need a higher level of skill
and experience. Som etim es they are also allocated crim es because the
cases sim ply require a greater degree of focus than w ould be possible
for a uniform ed patrol officer to provide, given the reactive nature
of their role and the fact that they u su ally w ork shifts, which often
m ak es it difficult for them to com plete enquiries quickly. W hatever
the underlying rationale for allocating cases to them, detectives
u su ally carry a m ixed caseload of investigation s, ran gin g across
crim e types and degrees of com plexity. Typically this m ay include
seriou s w oun din g, sexual offences, other seriou s or series crim es and
in vestigation s involving prolific or persistent offenders. In addition,
they will also investigate offences of the type allocated to uniform ed
patrol officers where there h as been considerable harm to a victim or
w here the value involved is high.
In som e forces there w ill also be investigators on BC U s who
specialise in cases of child ab use, dom estic violence and hate crime.
Such cases require a high level of inter-agency w ork and training
in particular techniques and so it is som etim es deem ed necessary
to provide specialist units at a local level. In som e forces specialist
investigation of this sort is p rovid ed at a force level. O fficers in these
roles w ill generally only be allocated crim es of the relevant type for
investigation.
Police forces also m aintain a force-w ide specialist crim e
investigation capacity. This generally involves sq u a d s of officers who
specialise in the investigation of organ ised crim e, frau d, hom icide,
48
terrorism , and som etim es child ab u se and dom estic violence. The
size of these sq u a d s and the focus of their attention vary from force
to force and depen d to a large extent on the priority that each force
giv es to particular types of crim e. The reason forces specialise in this
w ay is tw ofold. Som e sq u a d s, such a s those targeting v ariou s types
of organised crim e and terrorism , are form ed because such crim es
tend to transcend the lim ited geograph ical rem it of a BCU. In m ost
cases they also transcend the b ou n d aries of the force, and sq u a d s
are necessary to provide a capacity that is able to operate over these
larger areas. In the case of child ab u se and hom icide, the reason for
havin g central sq u a d s is the degree of specialisation required to carry
out the investigation.
In addition to uniform ed patrol officers and specialist investigators
on BC U s or at the forces level, all forces have a sm all num ber of
Senior Investigating O fficers (SIO) w ho the A CPO Murder Investigation
Manual describes a s 'the lead investigator in cases of hom icide,
stran ger rape, k idnap or other com plex in vestigation s.' It goes on to
define the role of the SIO a s being to:
• Perform the role of officer in charge of an investigation a s described

in the C ode of Practice under Part II of the C rim inal Procedure
and Investigations Act 1996;
• D evelop and im plem ent the investigative strategy;
• D evelop the inform ation m an agem en t and decision-m aking sy stem s
for the investigation;
• M an age the resources allocated to the investigation;
• Be accountable to chief officers for the conduct of the investigation.
(A CPO 2006a: 25)
SIO s are generally of the rank of detective inspector (DI), detective

chief inspectors (DCI) or detective superintenden t (Det Supt). In m ost
forces, crim es of the type allocated to SIO s are infrequent and so they
generally have m an agem en t responsibility for in vestigative units and
only perform the role of SIO w hen required. Som e larger forces have
a sufficient num ber of seriou s cases to m ake it w orthw hile havin g a
sm all num ber of officers perform ing the role full-time, although this
is still uncom m on.
At a national level, police forces seek to co-operate on issu es
of com m on interest through collaborative arran gem en ts for the
investigation of terrorism and other types of cross-border crim e. They
sit alon gsid e other national agen cies with an indepen den t policin g or
law enforcem ent remit, such as:
49
• British Transport Police (BTP)

• Civil N u clear C onstabulary
• Independent Police C om p lain ts C om m ission (IPCC)
• M inistry of D efence Police and G u ardin g A gency
• Serious and O rgan ised C rim e A gency (SO CA)
• Serious Fraud Office (SFO)
• Secret Intelligence Services (M15, MI6 and GCH Q ).
These national agen cies are su pplem en ted by the in-house crim inal
investigation departm en ts m aintained by m any public authorities
such as H er M ajesty's Revenue and C u sto m s, the D epartm ent of
Work and Pensions and the military.
Organising investigators
Irrespective of whether investigators are uniform ed patrol officers or

specialists, or w hether they w ork on BC U s or in force sq u a d s, there
are three m ain w ay s in which they are organised. They can w ork
a s sin gle investigators, in sq u a d s, or in tem porary team s brought
together for a single investigation.
Single investigators
Few, if any, investigation s rely solely on the actions carried out by
one person. A s well as the officer in charge of the investigation,
others such a s crim e scene investigators, forensic scientists, financial
investigators, analysts, forensic m edical exam iners and so on, m ay
w ork on a case. H ow ever, responsibility for taskin g these resources,
interpreting the m aterial they produ ce and integrating it with what
h as already been gathered is the responsibility of the officer in charge
of the investigation. Section 2.1 of the C ode of Practice under Part
II of the C rim inal Procedure and Investigations Act 1996 defines the
officer in charge of an investigation a s 'the police officer responsible
for directing a crim inal investigation. H e is also responsible for
en su ring that p rop er procedu res are in place for recording inform ation,
and retaining records of inform ation and other m aterial in the
investigation .' O fficers in charge of investigation s are often referred
to in the police service a s investigatin g officers (IO), or in the case of
hom icide and other m ajor investigation s, senior investigatin g officers
(SIO). They are accountable for the conduct of the investigation and
are the key decision-m akers w ho develop the in vestigative strategy
and a sse ss the m aterial gathered du rin g the investigation.
It m ay be that at different tim es the case is allocated to different
in d iv id u als, a s w o u ld h appen if a uniform ed patrol officer carried
SO
out the initial investigation into a report of a burglary which

w a s later allocated to a detective to carry out further enquiries.
What characterises a sin gle investigator enquiry is the fact that
although it m ay p a ss through a num ber of han ds, one individual
at a tim e is responsible for m aking the decision s relating to the
investigation.
The allocation of a crim e to a sin gle investigator is by far the m ost
com m on w ay of carrying out a crim inal investigation. A ll types and
se riou sn ess of crim e are investigated in this w ay and they involve
the use of all types of investigative strategy. A s h as already been
noted, the m ajority of investigators are uniform ed patrol officers
w ho are resp on d in g to reports of crim e from the public. O nly a
sm all percentage of reported crim e is allocated to detectives or other
specialist investigators. A s a consequence, m ost operational police
officers carry a caseload of investigations. Within specialist units it is
also custom ary for m an agers to carry a caseload and they w ill tend
to have the m ore com plex investigations. M ost police officers will
therefore have som e experience du rin g their career of w orking on a
caseload of single investigator enquiries.
Squads
S q u a d s or perm anent team s of investigators are a com m on feature
in m ost police forces. They p rovide a w ay of poolin g resources to
focus on a particular kind of crim e and are of tw o types. The first
is where the sq u ad sp ecialises in a particular type of investigation,
but investigators carry in d iv id ual caseloads. This enables the sq u ad
to develop its collective know ledge of particu lar types of crim e and
to build netw orks with other in vestigators w orking in the sam e field
and other relevant agencies. Such sq u a d s are generally found to be
involved in the reactive investigation of reported crim e. For exam ple,
a team specialisin g in investigatin g child ab u se will quickly acquire
a high level of know ledge of the relevant legislation, the w ay s in
which child abu se is com m itted, the types of inform ation profile
generated and the w ay in which victim s, w itn esses and offenders are
likely to react. In addition , they will also bu ild up relationships with
the specialist resources u sed in the investigation of child ab use, such
a s forensic m edical exam iners, social w orkers and health visitors, and
the agen cies that are likely to becom e involved in such investigations.
In principle, this enhanced level of know ledge, which is only really
acquired by specialisin g in a particular type of investigation, sh ou ld
enable them to carry out m ore focused investigation s than w ould be
the case if they were carrying a m ixed case load.
51
The second type are sq u a d s where investigators w ork collectively

on the sam e investigations. This typically occurs where the sq u a d is
focused on the proactive investigation of crim e identified through the
police an aly sis of intelligence. An exam ple w ould be investigations
carried out by a d ru g sq u ad , w here a num ber of officers w ill w ork
a s a team on a range of actions, such a s surveillance, before m aking
arrests and carrying out search es of property and vehicles.
A s h as been noted elsew here, the distinction betw een reactive and
proactive techniques should not be overstated, a s investigators in both
types of sq u ad will use a com bination of techniques. Furtherm ore, it
is not u nu su al for officers in sq u a d s to som etim es w ork a s in d iv id u als
on a caseload and som etim es a s a team focused on one investigation.
H ow ever, the general distinction can be m ade betw een those sq u a d s
where the m ain w orking m odel is sin gle in vestigators and those
where it is u su al for investigators to be deploy ed in team s. Typical
exam ples of the tw o types of sq u a d are show n in Table 2.6.
Tem porary team s

Som e investigation s are conducted by team s that are brought together
tem porarily in response to a sin gle event. The m ost com m on type of
investigation carried out by tem porary team s is hom icide investigation,
although they are som etim es also used to investigate other types of
crim e that have been given a high priority, such a s rape and kidnap.
Such team s are generally led by a senior investigatin g officer (SIO).
They will have the su p p ort of a m ajor incident room (MIR) and the
H O LM ES com puter system , both of which are d esign ed to p rovide
su p p ort in m an agin g the high volu m e of inform ation generated by
this type o f investigation.
Tem porary team s can also be establish ed for m ore m o dest ends,
such a s to ad d ress a particular problem at a local level, like car crim e
and van dalism . In cases such a s this they w ill generally be led by a
sergeant or inspector.
T ab le 2.6 T y pes o f sq u a d
In d iv id u al ca se lo a d s Team s
C h ild ab u se C oun ter-terrorism

F rau d O rg an ise d crim e
D om estic violen ce D ru g s
S exu al offen ces Vehicle crim e
C o m p u ter crim e O rg an ise d robbery
52
C o n c lu sio n
The recognition that crim inal investigation requires a distinct set of

know ledge, skills and u nderstan din g is relatively recent within the
police service. But PIP, the em ergin g literature on in vestigative practice
and the grow ing interest being show n by researchers in crim inal
investigation p rovide a foundation for the p rofession alisation of the
role of investigator. A lthough in the public m ind this role is associated
with that of detective, in reality m ost investigation s are carried out
by uniform ed patrol officers a s p art of their routine du ties and the
overall su ccess of the crim inal investigation is dependen t on them
havin g an effective in vestigative practice. M ore com plex crim e and
incidents that have caused significant harm tend to be investigated
by a relatively sm all num ber of sp ecialists at PIP Levels 2 and 3, and
these are estim ated to m ake up less than 10 p er cent of a typical
police force.
There is no sin gle m odel for how in vestigators are deployed. M ost
w ork a s sin gle investigators, draw in g in the addition al expertise that
is required a s they need it, but m aintaining overall responsibility
for the decision s that are m ade. Som e w ork in sq u a d s, w here the
com bined efforts of a n um ber of investigators are focused on a single
objective, an d so m e w ork in tem porary team s to tackle a specific
problem , u su ally a m urder or other seriou s crime.
W hatever level of PIP they are w orking at and no m atter how they
are deployed, all investigators require a high level of know ledge, skill
and und erstan din g if they are to carry out their roles successfully.
This is contained in an in vestigative practice, so m e of which is
taught, som e contained in the v ariou s m an uals pub lish ed by the
police services, but m ost derived from the experience of carrying out
crim inal investigations.
The history of policin g h as been w ell docum ented in C. Em sley, The

English Police: A Political and Social History (2nd edn, London: Longm an,
1996), and P. R aw lings, Policing: A Short History (C ullom pton: Willan
Publishing, 2002). Both provide a b road overview covering long
p erio d s and deal with crim inal investigation a s a function of the
w ider policing m andate. The practice of crim inal investigation h as
not been covered a s extensively but an accessible overview of the key
historic developm en ts is p rovided in B. M orris, 'H istory of Crim inal
53
Investigation', in T. N ew burn, T. W illiam son and A. W right (eds),

Handbook of Criminal Investigation (C ullom pton: Willan Publishing,
2007).
P. King, Crime, Justice and Discretion in England 2740-1820 (O xford:
O xford U niversity Press, 2000) p rovid es an account of how the
crim inal justice system develo ped during this im portant p eriod and is
particularly goo d at portrayin g how the system w as u sed to achieve
outcom es for victim s and com m unities a s w ell a s for the variou s
officials involved.
M any original sources on crim e a s a social problem an d crim inal
investigation as one of the resp on ses to it are readily available. A
selection of Henry M ayh ew 's journ alism in V. N eub u rg (ed.), London
Labour and the London Poor (London: Penguin, 1985) p rovid es first
hand accounts of the social conditions within which early policing
w as carried out, while the title of M ayh ew 's The London Underworld
in the Victorian Period: Authentic First-Person Accounts by Beggars,
Thieves and Prostitutes (London: D over Publishing, 2005) sp eak s for
itself. C harles Dickens, w riting in the sam e era is also an excellent
source and selections of his journ alism are available in Sketches
by Boz (London: Penguin, 1995) and Selected Journalism 1850-1870
(London: Penguin, 1997). M any n ew spap ers and journ als from the
late nineteenth century on w ard s are now available in facsim ile and
provide first-hand accounts of crim es, investigation s and trials.
Those with access to goo d library facilities m ay be able to
access so m e early original m aterial, such a s The First Report of the
Commissioners Appointed to Inquire as to the Best Means of Establishing
and Efficient Constabulary Force in the Counties of England and Wales,
which w as publish ed in 1839. Such m aterial not only p rovid es a
fascinating insight into the structure of the crim inal justice system of
that time, but also sh ow s how en during the problem s of crim e and
its detection are.
M any police forces have m u seu m s or historical societies that
provide local sources of inform ation, and the Police H istory Society
exists to 'adv an ce the public education in police history' (www.
policehistorysociety.co.uk). The m em oirs of detectives, forensic
scientists, law yers, path ologists and other profession als involved
in crim inal investigation, a s well as crim inals them selves, are often
written as 'ripp in g yarn s' but nonetheless p rovide a fascinating insight
into how their auth ors saw their w orld, or at least how they w anted
others to see it. M ost go out of print quickly and so no particular
recom m endations are m ad e here, but searches in good second-hand
b ook sh op s u su ally uncover som e exam ples at b argain prices.
54
A s noted in this chapter, the driv ers for change in investigative

practice have not occurred in isolation and they all sit in a com plex
relationship with each other. A good starting point is to exam ine
m iscarriages of justice from 1970 on w ard s a s these illustrate both
the p roblem s and the nature of the solutions that have been sought.
C. Walker and K. Starm er (eds) Miscarriages of Justice: A Review of
justice in Error (Oxford: O xford U niversity Press, 1999) exam in es som e
of the m ain problem s w ithin the crim inal justice system that have led
to m iscarriages of justice, and the adequ acy of som e of the m easu res
put in place to ad d ress them. A lth ough now som ew h at dated in
term s of legal p rovision s and investigative practice, M. M cConville,
A. San d ers and R. Leng, The Case for the Prosecu tion: Police Suspects and
the Construction of Criminality (London: R outledge, 1993) still p rovides
a useful illustration of the relationship betw een routine investigative
activity and the circum stances that can lead to m iscarriages of justice.
A m ore up-to-date exam ination of the relationship is p rovid ed by
S.P. S av ag e and B. M ilne, 'M iscarriages of Justice', in T. N ew burn,
T. W illiam son and A. W right (eds), Handbook of Criminal Investigation
(C ullom pton: Willan Publishing, 2007).
The technical and procedural developm ents related to investigative
practice are too n um erou s to list in any great detail but C. Beavan,
Fingerprints: Murder and the Race to Uncover the Science of Identity
(London: Fourth Estate, 2002) p rovides a very readable account of
the early developm ent of fingerprinting w ritten by a journalist, while
C. M cCartney, Forensic Identification and Criminal Justice (C ullom pton:
Willan P ublishing, 2006) p rovides an aly sis of m ore recent d evelopm ents
in both fingerprint and D N A technology. An issu e of the Journal of
Homicide and Major Incident Investigation (Vol. 3 Issu e 2, A utum n 2007)
w as given over to p ap ers on a range of new technologies and how
they are being increasingly integrated into the investigation process.
One of the key developm ents in investigation in recent years has
been the adoption of intelligence-led policing, which is explored in
J. Ratcliffe, Intelligence-led Policing (C ullom pton: Willan Publishing,
2008).
C oncerns over the effectiveness of crim inal investigation were
outlined in the A udit C om m ission, Helping with Enquiries: Tackling
crime effectively (London: H M SO , 1993), which detailed the failure
of reactive investigation s to keep pace with increased reporting
and advocated a m ore proactive approach by the police. This w as
highly influential in prom oting intelligence-led policing. Concerns
about the effectiveness of individual practice tend to em erge during
public inquiries into in d iv id ual investigation s and reports such a s Sir
55
W.M. M acpherson, The Stephen Lawrence Inquiry: Report of in Inquiry

by Sir William Macpherson of Cluny (London: H M SO , 1999) and D am e
J. Sm ith, The Shipman Inquiry Second Report: The Police Investigation of
March 1998 (London: H M SO , 2003) are valuable sources for the type
of p roblem s that have been identified in in d ivid ual cases.
The profession alisation of crim inal investigation h as not yet
been well docum ented, but P. Stelfox, 'P rofession alisin g Crim inal
In vestigation s', in T. N ew burn, T. W illiam son and A. W right (eds),
2007) p rovides a recent overview of the issu es.
N o te
1 W ithin the U n ited K in gd o m , Scotlan d is a se p arate ju risd ictio n an d h as

its ow n p o licin g arran g em en ts u n d er the lead ersh ip o f the A ssociatio n of
C h ief Police O fficers o f Scotlan d (A C PO S).
56
C h apte r 3
Criminal law and policy
In tro d u c tio n
The idea that som e types of beh aviour are defined as crim inal is such
a fam iliar feature of m odern societies that we rarely consider how
this com es about. The w ay in which law s get m ad e is im portant for
in vestigators because the p rovision s of statutes, and the w ay s in which
they are interpreted by ju d g e s, determ ine the type of inform ation that
m u st be located to bring offenders to justice. The law also lays dow n
the rules by which evidence can be gathered by in vestigators and the
stan d ard s required before a prosecution can be m ounted. The nature
of the task of crim inal investigation is therefore largely sh aped by the
crim inal law, and u n d erstan din g the type of task that investigation is
for practitioners requires an u n d erstan din g of how law s are m ade.
But every law cannot be enforced all the tim e and choices have
to be m ad e about w hat crim es police forces sh ould focus on and
the resources that sh ou ld be ap p lied to them. Furtherm ore, how
in vestigators ap p ly the law is considered to be im portant. Society
expects them to operate to high ethical stan d ard s, to be civil, to be
fair and to exercise discretion in the use of the pow ers that the law
gives them. Setting the objectives for crim inal investigation, allocating
resources and defining the m ethods by which investigation s are to be
carried and how discretion is to be exercised is achieved through the
developm ent of policy. This chapter exam in es how law and policy
com e to be m ade, the com plex relationship betw een them and how
they influence investigative practice.
57
C r im in a l In v e stig a tio n
T h e law
M a k in g laws
The U n ited K in gd o m is a com m on law ju risd iction . T h is m e an s that

the law is co m p rised o f the ru lin gs o f ju d g e s in relation to cases
bro u gh t before them , an d by la w s m a d e b y p olitician s in the form of
A cts o f Parliam ent. U ntil a b o u t the seventeenth century, m o st la w s
w ere m a d e by ju d g e s, b u t sin ce then the b alan ce h as sh ifted to w ard s
A cts o f P arliam en t an d all n ew law is n ow m a d e that w ay. Ju d g e s
still h ave an im po rtan t role to p lay in interpretin g A cts of P arliam ent,
w hen ca se s com e before them , an d the decisio n s they m ak e can be
influential b ec a u se they set p reced en ts for how other ju d g e s m ay
interpret the law in future cases.
P ro p o sals to m ak e a p articu lar type o f b eh av io u r a crim inal
offence are con tain ed in a 'Bill' w h ich is in trod u ced into either of
the tw o H o u se s o f P arliam en t by a m em ber. Th is w ill be an elected
politician in the H o u se of C o m m o n s or a p eer in the H o u se o f Lords.
M ost Bills are in trod u ced by the gov ern m en t an d are b a se d on the
m an ifesto they p u t before the electorate at the tim e they are voted
into office. Before in trod u cin g a Bill, the gov ern m en t m ay p u b lish a
con sultation p ap er, called a 'G reen P a p e r', or a p olicy pap er, called a
'W hite P a p e r'. Both o f these h ave the intention of ge n eratin g w id er
co n su ltation ab o u t the p ro p o sal. It is p o ssib le for an y m em b er of
either H o u se o f P arliam ent to p u t forw ard a Bill on their ow n, know n
a s a 'p riv ate m e m b e r's Bill', b u t in reality it is difficult for su ch Bills
to m ak e p ro g re ss w ithout gov ern m en t su p p o rt.
The p ro p o sa ls con tain ed in a Bill are su bject to d eb ate in P arliam en t
in the form o f 're a d in g s', d u rin g w hich p olitician s can a rg u e for
ch an ge s to be m ad e to the cla u se s of the Bill. O nce the H o u se into
w hich it w a s in trod u ced ag re es the term s of the Bill, it is sen t to
the other H o u se w here it g o e s th rough a sim ilar p rocess. W hen both
H o u se s of P arliam ent h ave agreed the content o f the Bill it receives
R o y al A sse n t an d b ecom es law. It is gen erally d u rin g the v a rio u s
re a d in g s o f a Bill that d eb ate centres on the sp ecific p rovision s. The
p ro v isio n s that are m o st relevan t to in v e stigato rs are:
1 The b eh av io u r that is d eem ed to b e illegal, w hich is often know n

by its Latin n am e o f actus reus.
2 The state of m in d o f the offen der at the tim e the act w a s done,
w hich is often know n by its Latin n am e o f mens rea. There are
essen tially three ty pes o f mens rea:
58
C rim in a l law and policy
• Intention. The act w a s do n e deliberately, e.g. w o u n d in g so m eo n e

w ith intent to ca u se g rie v o u s b o d ily h arm (Section 18, O ffences
A g a in st the P erso n s A ct 1861).
• Knowingly. The act w a s d o n e in the k n o w led ge o f so m e relevan t
circum stan ces, e.g. k n o w in g that g o o d s w ere stolen (Section 22,
Theft A ct 1968).
• Negligence, carelessness or recklessness. The act w a s don e
irresp ective of the risk s in v o lv ed , e.g. m an slaugh ter.
Som e offen ces are know n a s strict liability b ec a u se no mens rea is

requ ired for them to b e com m itted. T h ese tend to be m inor offen ces
an d are often related to ro ad traffic law. A n exam p le is the offence
o f exceed in g the sp e e d lim it, w here it d o e s not m atter w h ether the
offen der knew they w ere d o in g it or not, or w h ether they inten ded
to d o it or not. The ev id en ce requ ired by a co urt is sim p ly that they
d id it.
It is d u rin g the p a s sa g e of a Bill through the H o u se s o f Parliam ent
that precise d e tails o f the actus reus an d mens rea are d e cid ed . H ow
they are d ecid ed an d the w a y in w hich they are d rafte d into law
determ in es the type of inform ation that in v e stigato rs m u st locate an d
gath er before a p ro secu tio n can b e b rou gh t u n d er that p articu lar law.
A n exam p le o f how this w o rk s in p ractice is the Terrorism Bill, which
received its first re a d in g in P arliam ent on 13 O ctober 2005. The Bill
con tain ed a ran ge o f m e a su re s that w ere in ten d ed to strength en the
law on terrorism in the w ak e o f the b o m b in g s on 7 Ju ly that year. In
its o rigin al form , Section 2 contain ed the offence of 'd issem in atio n of
terrorist p u b licatio n s', w hich p ro p o se d m ak in g it an offence to carry
ou t acts su ch a s d istrib u tin g or circulatin g terrorist pub lication s.
The aim o f this m e asu re w a s to sto p p eo p le glo rify in g or a ssistin g
terrorism th rough the p u b lication an d distrib u tion o f m aterial. A
n um ber o f defen ces w ere in clu ded w hich am o u n te d to the fact that
the p erso n d issem in atin g the m aterial d id not k now its content.
Significantly, there w a s no m ention of any intent in the Bill and so
an yon e w h o d istrib u ted su ch m aterial k n o w in g w h at its content w a s
com m itted the offence, irrespective of their intention.
H ad the Bill gon e through P arliam en t u n ch an ged , the in vestigation
o f su ch offen ces w o u ld h av e only in vo lv ed fin din g ev id en ce that
so m eo n e h ad d issem in a ted m aterial fallin g w ithin the definition
o f terrorist p u b lication s, w hich w a s fairly w ide-ran gin g. D urin g
the p arliam en tary d e b ates m em b ers of both H o u se s objected to
this section o f the Bill. Som e poin ted ou t that b o o k s ab o u t N elson
M an dela or those d escrib in g the estab lish m en t of the Irish R epu blic
59
could fall within its definition. They argu ed that an im portant

elem ent of the offence m u st be the intent behind the dissem ination.
Special interest gro u p s such a s internet service p roviders also argu ed
that they could unw ittingly com m it the offence if p eople p osted such
m aterial to their sites. A s a consequence, the section w as am ended
and when the Bill becam e the Terrorism Act 2006, Section 2 included
a new clause that required intent to en courage or a ssist terrorism or
that the person w as reckless a s to w hether it w ould do so. From an
in v e stigato r's point of view, this significantly changed the type of
inform ation that w o uld be required to bring a prosecution. N ot only
w ould inform ation about the dissem in ation be required, but now
inform ation as to the intention of the person dissem in atin g it w ould
have to be gathered. Such inform ation is generally m uch harder to
acquire and u su ally is only available a s a result of ad m ission s m ade
du rin g interview s with the police. This offers a typical exam ple of
how the parliam entary process determ ines the type of inform ation
that investigators m u st gather.
Judicial decisions
A lth ough the rulin gs of ju d g e s no longer m ake law, they are

nonetheless influential in determ ining how the law is app lied in
practice. D ecisions m ad e in higher courts set precedents for low er
courts to follow and so are highly influential on the w ay in which
the low er courts deal with the in d ivid ual cases that com e before
them. There is a hierarchy of courts: the H ou se of L o rds is the
highest, follow ed by the C ourt of A pp eal (Crim inal D ivision) then
the D ivisional C ourt, a ju d g e in the A dm inistrative C ourt, then the
C row n C ourt and m agistrates' court. O nly judgem en ts in the first
four of these count a s precedents and the general rule is that rulings
in a higher court set precedents that low er courts m u st follow.
In vestigators need to be aw are of the relevant legal judgem en ts
because the w ay that a law is interpreted will be a s influential in
determ ining the type of inform ation that is required as the drafting
of the law in the first place.
Points to prove
It is com m on for in vestigators to break dow n law s into the elem ents
that require to be proved in court. This enables them to u n derstan d
the type of evidence they are looking for and to focus investigation s
on gatherin g it. It also h elps them in en suring that the evidence they
gather is a s com prehensive a s possible. The elem ents they focus on
60
Crim inal law and policy
are u su ally called points to prove. An exam ple of how poin ts to prove
are u sed in practice is taken from Section 1(1) of the Theft Act 1968,
which giv es a definition of theft: 'A person is guilty of theft if he
dishon estly app rop riates property belon ging to another with the
intention of perm anently depriv in g the other of it; and thief and steal
shall be construed accordingly.'
In vestigators need to gather evidence to p rove every elem ent of
this definition in court. The first part, referring to a person, is not
generally considered to be a point to prove for theft because it is
com m on to all offences. H ow ever, the prosecution m ay have to prove
that the accused is over ten y ears of age, because the law h old s that
no one under that age is capable of com m itting a crim e, and that
the accused had the m ental capacity to form the intent necessary to
com m it the theft. These things will u su ally only need to be proved if
they are raised a s specific defences, which is rare.
The points to prove for the specific offence of theft are:
• D ishonesty
• A ppropriation
• Property
• Belonging to another
• Intention to perm anently deprive.
The Act defines each of these elem ents and this is supplem en ted in a
literature written for practitioners, such a s Blackstone's Police Manual,
Volume 1: Crime. Practitioners also have online access to the Police
N ational Legal D atabase (PN LD ), which p rovides inform ation on the
poin ts to prove in a particu lar case. These are often com plex and are
influenced by recent case law.
A lthough the law p rovid es the fram ew ork within which crim inal
investigation s take place, p eop le rarely report specific breaches of
the law to the police. In practice w hat h ap pen s is that peop le report
beh aviours to the police that they believe to be w rong or that have
cau sed them harm . Thus, they m ay report that they have been
assau lted or robbed, w ithout any specific notion on the particular
offence that h as been com m itted, m erely a belief that they have been
harm ed and they w ant the police to take action. It is generally up to
the police to decide w hat type of offence m ay have been com m itted
and to gather inform ation with a view to bringing the offenders to
justice. Once the evidence h as been gathered the C PS decides the exact
charges but the reality is that investigators choose the inform ation
that is gathered and this determ ines the type of charges that can
61
be brought again st an individual. The sam e is true of investigation s

instigated by the police them selves. For exam ple, they m ay identify
drug-d ealin g a s a specific problem in an area, but the choice of the
offences that will be u sed to investigate it is largely tactical, and m ay
depen d a s m uch on the type of m aterial they can gather as the type
of beh aviour they are seeking to curb. In vestigators m ay therefore
ad d ress the problem of d ru g dealin g by arresting offenders for
p o ssessio n of illegal d ru gs, by u sing m oney-laundering legislation,
or they m ay focus on the w eapon s they carry or even the fact that
they are com m itting anti-social beh aviour in the area.
One of the task s for investigators then is to decide which law is
app licable to a particular com plaint or crim e control problem . Clearly,
it is not expected that in vestigators w ill know the poin ts to p rove in
relation to each of the m any th ou san ds of offences contained within
the crim inal law. H ow ever, they are expected to know the m ore
com m on ones. They are also expected to have a sufficient know ledge
of legal theory and practice to be able to identify the points to prove
in relation to any crim e so that they can ap p ly them to operational
situations.
A s noted in C h apter 1, bringing an offender to justice is not alw ay s
the prim ary objective of an investigation. Intelligence-gathering,
disruption and other form s of risk m an agem en t m ay be to the fore in
in d iv id u al cases. H ow ever, the justification for all such objectives m ust
be that they are in som e w ay concerned with m an agin g beh aviour
that is a crim inal offence. There is a w ider public policy assum ption
that police action is aim ed at preventing and investigatin g crim inal
behaviour, and it is difficult to see how operation s that focus on
beh aviour that cannot be defined a s crim inal could be justified, even
if as a m atter of expediency or policy the case is not subsequen tly
taken to court. It is therefore im portant that all investigators have a
thorough u n d erstan din g of the w ay in which in d iv id ual beh aviours
are deem ed to be crim inal, the points to p rove and the influence that
case law h as on the w ay ju d g e s will interpret in d ivid ual cases.
The investigatory fram ework
A s w ell a s defining in d iv id u al crim es, the law also provides a legal

fram ew ork within which investigators m u st w ork a s they locate
and gather m aterial. The legislation that m ak es up the investigatory
fram ew ork h as develo ped increm entally and is a m uch sm aller b od y
of law than that which creates individual offences. Table 3.1 lists the
key legislation in this area.
62
C r im in a l la w a n d p o lic y
T a b l e 3 .1 Key legislation on the process of criminal investigation
Date Legislation Relevance to the investigation process
1984 Police and Criminal Defined police powers, laid down

Evidence Act (PACE) investigative procedures and defined
suspects' and others' rights.
1985 Prosecution of Offences Established the Crown Prosecution
Act Service to take over responsibility for
prosecution from the police.
1996 Criminal Procedure and Provided a legal definition of
Investigation Act (CPIA) criminal investigation and the role of
investigator.
Places a duty on investigators to
investigate impartially.
Provided statutory disclosure process.
1998 The Human Rights Act Gives legal effect to the European
Convention on Human Rights
(ECHR), and requires domestic courts
to take account of the rulings made
by the European Court of Human
Rights.
2000 Regulation of Investigatory Defined processes of investigation
Powers Act (RIPA) and placed them within a regulatory
regime.
2003 Criminal Justice Act Gave the Crown Prosecution Service
responsibility for selecting charges
(they previously reviewed police
charges).
The in v estigato ry fram ew ork h a s three m ain functions. It defin es

the righ ts o f in d iv id u a ls d u rin g a crim in al in vestigation , it en su res
the integrity o f the inform ation gath ered an d it facilitates access to
inform ation . There is a great d eal o f ov erlap betw een these fun ction s,
b u t it is u su a lly p o ssib le to see one or other of them a s b ein g the
fo u n d atio n o f a p articu lar legal m e asu re w ithin the in v estigato ry
fram ew ork. For exam p le, p e o p le h ave a legal right not to incrim inate
them selves. T h is m e an s that the p rosecu tion sh o u ld h av e su fficient
ev id en ce to p ro v e its case w ith ou t the p articip ation o f the su sp ect.
Th is h a s led to a requ irem en t that in v e stigato rs tell those they su sp e c t
o f b ein g resp on sib le for an offence that they h av e the right to rem ain
63
silent du rin g police questioning (Section 10, C od e of Practice C,

PACE 1984). The form of w o rd s u sed is design ed to alert su sp ects to
this right so that they can exercise it if they w ish. If investigators do
not caution su sp ects before questioning them, the inform ation they
gather m ay be excluded by a ju d ge. Breaches of the p rovision s of
PACE m ay also leave investigators open to disciplin ary action. The
caution has no bearin g on the quality of the inform ation gathered
by in vestigators - it is no m ore likely that w o rds said b y a su spect
will be true or false sim p ly because they have been cautioned - it is
sim ply a m atter of en su ring that their legal rights are upheld.
Som e rules are design ed to ensure the quality of inform ation.
For exam ple, the Turnbull Rules, which arise as a consequence of a
decision in the case of R v Turnbull (1977, QB 224, C A ), are design ed
to ensure that inform ation gathered from eyew itnesses to a crim e
reach a m inim um level of quality. The rules p rovide a ran ge of factors
again st which courts can evalu ate eyew itness testimony. These are:
• H ow long d id the w itness have the accused under observation, at

w hat distance, and in w hat light.
• Was the observation im peded in any way.
• H ad the w itness ever seen the accused before, and if so, how
often.
• If only occasionally, had he any special reason for rem em bering
the accused.
• H ow long had elap sed betw een the original observation and the
su bsequ en t identification to the police.
• Was there any m aterial discrepancy betw een the description of the
accused given to the police by the w itness when first seen by them
and his actual appearance.
Legal rules that give access to information generally seek to clarify

w hat type of inform ation investigators can look for, and often what
they cannot legitim ately look for, and place limits on the m eans they
can use. For exam ple, Section 7.2 of C ode B, PACE 1984 states that
'N o item m ay be seized which an officer has reasonable groun ds for
believing to be subject to legal privilege, a s defined in PACE, section
10, other than under the Crim inal Justice and Police Act 2001, Part 2.'
The H u m a n Rights Act 1 9 9 8 (H R A )
T his Act giv es legal effect to the European C onvention on H um an

R ights (ECH R), and requires dom estic courts to take account of the
64
rulin gs m ad e by the European C ourt of H um an Rights in Strasbourg.

The ECH R
Article 2: The right to life.

Article 3: Freedom from torture or d e grad in g treatm ent or
punishm ent.
Article 4: Freedom from slavery.
Article 5: The right to liberty and security of the person.
Article 6: The right to a fair trial.
Article 7: The right not to be convicted under a retroactive penal
stature.
Article 8: The right to respect for on e's private and fam ily life,
hom e and correspondence.
Article 9: Right to freedom of thought, conscience and religion.
Article 10: Freedom of expression.
Article 11: Freedom of assem b ly and association.
Som e of these rights are absolute, such as Article 3, the prohibition

of torture, but others are lim ited or qualified in som e way. For
exam ple, Article 8, which on the face of it w ould m ake it difficult
for in vestigators to gather a w ide range of m aterial relevant to an
investigation is qualified in the follow ing way:
There shall be no interference by a public authority with the

exercise of this right except such a s is in accordance with the
law and is necessary in a dem ocratic society in the interests
of national security, public safety or the econom ic well-being
of the country, for the prevention of disorder or crim e, for the
protection of health or m orals, or for the protection of the rights
and freedom s of others.
This qualification m akes it p ossib le for investigators to breach this

particular Article, provided:
• There is a clear legal b asis for d oin g so.

• The breach seeks to achieve a legitim ate aim a s set out in the
qualification.
• The action they take is no greater than is necessary to achieve the
legitim ate aim .
The A ct h as been highly influential in relation to investigative practice.

All officers receive training in hum an rights legislation and there are
65
few m an u als on in vestigative practice that do not explore the link

betw een practice and hum an rights.
C o m m o n law powers
EC H R m eans that m any intrusive in vestigative techniques, such

a s placin g surveillance devices in a su sp ec t's hom e or car, w ould
contravene the in d iv id u al's hum an rights unless it w as explicitly
allow ed under dom estic law. A s a consequence, a great deal of
investigative practice is now covered by legislation. H ow ever, investi
gato rs can still rely on com m on law p ow ers in som e circum stances.
The term com m on law p ow ers, although w idely u sed , is som eth ing of
a m isnom er because there are no pow ers as such. W hat there is, is an
absence of a legal barrier to som e types of action and an acceptance
by courts that they are p art of the investigatory process. For exam ple,
in vestigators can ask qu estions of anyone w ithout recourse to any
specific law, although they cannot detain them for the p u rp o se or
search them. In vestigators can therefore d o things like carrying out
house-to-house enquiries in the area of an offence although there is
no statute that sa y s they m ay do so. Sim ilarly, they can define crim e
scenes and exclude people from them w hile they carry out forensic
exam inations. So long a s they do not enter private prem ises again st
the w ish es of the occupier or use force, they are acting legally,
although, again, there is no specific statute covering their actions.
Such com m on law pow ers are grad u ally dim in ishing bu t it
seem s likely that the com plexity of hum an beh aviour m eans that
in vestigators will alw ay s be required to undertake activities that
are not explicitly covered by the law. Where such activity h as a
long history of acceptance by the courts and society at large, there
sh ould be no difficulty in this. But as investigators respond to new
technologies or social processes, there is a d an ger that legislation lags
behind and so they resort to com m on law pow ers.
An interesting exam ple is the use by investigators of technology
to reveal the faces of p aed o p h iles w ho have p osted ph otograp h s
of them selves abusin g children on the internet. The offenders use
technology to distort their features in the belief that they will not
be recognised. The police have h ad som e su ccess in reversing this
distortion process and have m ad e arrests a s a consequence. There is
no legal provision specifically allow ing them to take im ages off the
internet and m an ipulate them in this way. In England and Wales,
they could claim to be acting on a com m on law power. A s few
peop le like p aedo ph iles, or understan d the technology involved, this
66
is unlikely to be challenged u nless, or until, cases start to arrive in the

courts w here w rongful identifications have been m ade or an offender
su ccessfully claim s that their hum an rights have been violated. Such
an eventuality could lead to the introduction of specific legislation
covering this type of activity. C om m on law p ow ers can therefore
be seen as fulfilling two p u rp oses: they legitim ise long-standing
and accepted investigative practice, and they fill a gap betw een
technological and social change, and the legal fram ew ork.
The Crim inal Procedure an d Investigations Act 1 996 (CPIA)
The m ain p u rp o se of the CPIA is to ensure that there is a level

p laying field at a trial by placing a legal du ty on investigators to
disclose all the m aterial they gather to both prosecution and defence.
The need for this arose because there have been cases where
in vestigators and prosecu tors failed to disclose m aterial that could
have helped the defence case, and so created m iscarriages of justice.
In som e instances, such beh aviour m ay have been influenced by the
adv ersarial nature o f the legal system and the police organ isation 's
strategic rem it to bring offenders to justice. The CPIA overrid es such
considerations by, in effect, m aking the gathering of m aterial for both
parties the prim ary aim of investigations. It d o es this by defining a
crim inal investigation and the roles of the in vestigator in it. It place
obligation s on them to:
• M aintain records of the investigation.

• P u rsue all reasonable lines of enquiry.
• D isclose the m aterial they uncover to all parties in the trial.
These p rovision s m ake the conduct of the investigation a relevant

issu e in a trial. For exam ple, if the investigation did not p u rsu e a
reasonable line of enquiry or did not disclose som e of the m aterial
gathered, the defence could argu e that the defen dan t could not
receive a fair trial.
The Act is su p plem en ted b y a C ode of Practice that defines
the roles of the officer in charge of the case, the disclosure officer,
the in vestigator and su p erviso rs. It also sets out the du ties and
responsibilities of the officers regardin g the recording and retention
of m aterial obtained in the course of a crim inal investigation.
The CPIA h as u ndoubtedly been highly influential in the
developm ent of investigative practice insofar a s it h as p u t the
recording of decision s and the retention and disclosu re of m aterial at
67
the centre of the in v e stigativ e p rocess. In a m ore su b tle way, it h as

in fluen ced how m an y in v e stigato rs view their role. They no lon ger
see th em selv es on the p rosecu tion sid e of the a d v e rsa ria l sy stem , but
a s n eu tral gath erers o f m aterial for the p ro ce ss a s a w hole.
The Police a n d Crim inal Evidence Act 19 8 4 (PACE)
Prior to the introduction of PA CE, m an y of the p o w e rs that the p olice

relied on to carry ou t in vestigation s, p articu larly those concerned
w ith sto p an d search , arrest, interview an d the entry to p rem ises,
relied on the p ro v isio n s o f a w id e ran ge o f legislation . Som e o f this
w a s very old, so m e w a s con tain ed in A cts that only a p p lie d locally,
a n d so m e relied on co m m on law. There w a s, therefore, a great d e al of
variatio n in p ractice an d m an y g a p s in the legal defin ition s of w hat
w a s, an d w a s not, p erm issib le. T h is p atch w ork o f p ro v isio n failed
to protect the righ ts o f in d iv id u a ls, an d a n u m b er o f m isc a rria g es of
ju stice that cam e to light d u rin g the 1970s led to the estab lish m en t
o f the R oy al C o m m issio n on C rim in al P rocedure, w hich reported in
1981. It m a d e reco m m en d atio n s that tried to b alan ce the co m petin g
n eed s o f the in v estigatio n an d p rosecu tion p ro ce ss a g a in st those
o f the in d iv id u a l su b ject to in vestigation . T h ese recom m en d ation s
b ecam e the b a sis of PA CE, which for the first tim e in English
an d W elsh h istory (N orthern Ireland an d S co tlan d h ad different
legislation ) so u g h t to co m preh en siv ely defin e w h at p olice p o w e rs
w ere an d how they sh o u ld be u sed . The A ct w a s reinforced by
the p u b lication o f C o d e s o f Practice, w hich p ro v id e gu id an c e to
in v e stigato rs on the p ro v isio n s o f the A ct an d its u se. T h ese C o d e s
o f Practice are:
• C o d e A S to p and Search and R ecordin g o f Public E n coun ters

• C o d e B Search o f P rem ises an d Seizu re o f Property
• C o d e C The D etention, Treatm ent an d Q u estion in g of S u sp e cts
• C o d e D Identification P rocedu res
• C o d e E A u d io R ecordin g o f In terview s w ith S u sp e cts
• C o d e F V isu al R ecordin g o f In terview s
• C o d e G A rrest
• C o d e H The D etention, Treatm ent an d Q u estion in g o f P erso n s
U n d er Section 41 an d S ch ed u le to the Terrorism A ct 2000.
The last of these co d es is n ecessary b ec a u se so m e o f the p ro v isio n s of

the Terrorism A ct differ from those o f PA CE, for ex am p le, detention
tim es.
68
PACE un d erp in s m uch of in vestigative practice and all investigators

sh ou ld be fully conversant with its provisions.
The Regulation o f Investigatory Powers Act (RIPA) 2 0 0 0
RIPA regulates four areas of investigative practice:
• The interception of com m unications.

• The acquisition by in vestigators of com m unications data.
• C overt surveillance, including the use of covert hum an intelligence
sources.
• A ccess to encrypted data.
A s with PACE, practice in these areas w as p reviou sly covered by

variou s statutes or by police custom an d practice, and RIPA sough t
to provide overarching legislation to ensure that police action in this
area w as law ful under hum an rights legislation.
RIPA is overseen by the Office of Surveillance C om m ission ers
(OSC) (w w w .surveillan cecom m issioners.gov.uk). There is a chief
surveillance com m issioner and six surveillance com m issioners, all of
w hom are retired ju dges. Their prior consent is required for certain
types of surveillance that are considered particularly intrusive and
they m u st be inform ed of all surveillance falling within the Act. They
also have pow ers to inspect police forces to ensure com pliance with
the Act. By defining the circum stances in which the acquisition of
com m unications data and surveillance can take place, and puttin g
a regulatory fram ew ork around it, RIPA h as significantly sh aped
investigative practice in this area.
Balancing p eo p le's hum an and legal rights, en suring the quality
of inform ation and facilitation access to inform ation needed by
investigators is never likely to be a straightforw ard task. There
are m any conflicting interests and the situation on the ground
som etim es m akes it difficult to know which rule ap p lies to novel or
com plex situations. For this reason, the legal p rovision s govern ing
investigation s are often the subject of contention within a trial. It
is im portant, therefore, that in vestigators have a thorough grasp of
the legislation that goes to m ake up the investigatory fram ew ork.
Without that, they risk infringing in d iv id u als' rights, of m ish andlin g
inform ation so a s to m ake it likely that courts w ill exclude it and
com m itting breaches of the law for which they m ay be liable.
69
C r im in a l In ve stiga tio n
Standards o f proof
The final area w here the law is significant for in vestigators is in

defining stan d ard s of p roof and how they are to be achieved. The
stan dard of p roof that h as to be achieved du rin g a trial is that of
beyond reasonable doubt. In app ly in g this stan dard , courts operate to
a com plex set of rules and p rovision s that are collectively called the
rules of evidence. These define w hat h as to be proved, the types of
m aterial that m ay be brought before a court a s p roof and how it is to
be dealt with. Som e of these rules are com plex and their interpretation
is often a contested area within a trial. Evidence usu ally takes one of
four form s (M ay 1999: 3):
1 Testimony, oral statem ents by w itnesses given on oath

2 D ocum ents p rodu ced for the inspection of the court
3 Real evidence, i.e. exhibits and other m aterial
4 A d m issio n s of facts by either party so that the other d o es not have
to prove them.
The rules of evidence m ean that not all the inform ation gathered
du rin g an investigation can be u sed in court. This ap p lies particularly,
although not exclusively, to testim ony evidence. For exam ple,
testim ony evidence m u st be first-hand and given under oath. It
cannot be reported to the court b y a third party. This rule m eans
that inform ation p asse d third-hand to the police is of no evidential
value. A s a m atter of practical convenience testim ony can often be
presented in the form of a written statem ent, if all parties agree. But
this is only on the und erstan din g that u nless they fall within one of
the exceptions to this rule, the w itness w ould be able to attend court
and give evidence in person under oath if required. Perhaps the
m ost w idely know n rule of evidence is that the defen dan t's p reviou s
crim inal history cannot be u sed as evidence (although as with m ost
things legal there are exceptions). The rules of evidence m ean that
not all the m aterial gathered du rin g an investigation can attain the
statu s of evidence. The type of evidence that courts w ill allow to
be used in a trial and the stan dard of p roof they require are highly
influential in determ ining the volu m e and type of inform ation that
in vestigators gather when the objective of their investigation is to
bring offenders to justice.
W hen investigators have objectives other than bringin g offenders
to justice, they m ay have to ap p ly other stan d ard s when m aking
ju d gem en ts abou t the m aterial they gather. For exam ple, the issu in g
70
of an anti-social beh aviour order (ASBO) under the C rim e and

D isorder Act 1998 and so m e of the provision of the Proceeds of
C rim e Act 2002 (PO CA), u se the civil stan dard of 'on the balance of
probabilities', which is a low er test than the crim inal one and subject
to a different set of legal rules. While on the one hand this m akes it
easier for in vestigators to m eet the stan dard , it also requires them to
know the type of m aterial that is acceptable in such situation s and
the rules that courts w ill ap p ly in reaching the stan dard.
Further difficulties arise when investigation s are m ounted for
the sole p u rp ose of risk m anagem ent. The gathering of the m aterial
n eeded to p rovide intelligence to interdict illicit g o o d s or products, to
d isru p t organ ised crim inal beh aviour or to prevent terrorist activity
is a legitim ate end of crim inal investigation, but the end result is not
subject to the sam e oversigh t or quality control a s cases brough t to
courts. A lthough investigative practice m u st still be within the law,
the absence of any external oversigh t carries the ob viou s dan ger that
stan d ard s w ill be applied differently by individual investigators or
by those in different forces or organisations. This h as the ob viou s
potential for loss of quality, m isu n d erstan d in g of m eaning and
general confusion. The history of crim inal investigation also p rovides
n um erous exam ples of situation s where the im portance of the en ds
were u sed by in vestigators to justify unacceptable m eans. The absence
of an explicit stan dard to be ap p lied in those cases that do not go
before a court m eans that society is w holly reliant on investigators
them selves ap p ly in g high ethical stan dard s.
T h e policy fra m e w o rk
W hile it is easy to see how the crim inal investigation process is

sh aped by the law, it is also influenced by policy. Unlike the law,
policy d o es not have a w ell-defined authoritative source, lan gu age
and literature. It is m ad e by a num ber of bodies, som e of which are
d iscu sse d below , it takes m any form s and there is no index of policy
that p rovid es practitioners with easy access to it all. It is an ill-defined
bod y of m aterial that h as often been overlooked by researchers, but
is highly influential on investigative practice.
Sources o f policy
There are three m ain sources of policy for investigators: the H om e

Office, A CPO and in d ivid ual police forces. They sit in a loose
71
hierarchy and are influenced b y v a rio u s other agen cies and interest
g ro u p s. The relation sh ip betw een the three m ain so u rces o f policy
an d the ty p e of b o d ie s w hich influence them is illu strated in
F igu re 3.1.
The legislature
I
Government ». Home Office Political parties
departments National pressure groups
National pressure
Other national agencies
ACPO groups
Professional bodies
Local communities
Police authorities
Local pressure groups
Partner agencies Forces
Investigative
practice
Figure 3.1 Influences on the three main sources of policy
H o m e Office
A s the gov ern m en t d ep artm en t w ith resp on sib ility for the p olice, the
H o m e O ffice p lay s a m ajo r role in d e v e lo p in g policy. It d o e s this
directly through p o licy-m ak in g u nits, such a s the C rim e R eduction
an d C o m m u n ity Safety G ro u p , the R esp ect Task Force an d the
O ffice for Security an d C ou n ter Terrorism , and b y sp o n so rin g non-
dep artm en tal p u b lic b o d ie s (N D P B ), w hich m ak e p olicy in their
ow n right. A n N D P B is an o rgan isatio n fu n d e d b y gov ern m en t but
w h o se d ay -to-d ay o p eratio n s are in d ep en d en t o f it. N D P B s relevan t
to p o licy-m ak in g for crim in al in v e stigatio n s are:
• Her M ajesty's Inspector of Constabulary (H M IC). The C h ief H M IC is

the H om e Secretary 's sen ior p ro fessio n al a d v iso r on p olicin g. The
prin ciple role of the H M IC is to carry ou t in sp ectio n s o f p olice
forces to en su re that they efficiently an d effectively d isch arge their
p olicin g functions. Th ey m ak e reports to the H om e Secretary b a se d
on their in spection , an d these m ay be p u b lish ed .
72
• National Policing Improvement Agency (NPIA). The N PIA w as

establish ed under the Police and Justice A ct 2006 to stream line the
num ber of organisations that had p reviou sly p rovided su p p o rt to
the police at a national level. It h as statutory objectives under the
Act, and these are:
(a) develo pin g goo d practice in policing
(b) p rovidin g expert su p p ort to the police service
(c) carrying out a national threat assessm en t for police forces
(d) sh arin g international und erstan din g of policing issu es
(e) p rovidin g national IT, procurem ent and training support.
N PIA staff are draw n from police organisations, industry,
governm ent departm en ts and the education sector. The m ain
focus of the N P IA 's w ork is policing im provem ent in England and
W ales, but it h as officers on secondm ent from forces in Scotland
and Northern Ireland and collaborates with relevent b od ies in
those countries on som e initiatives.
• The Independent Police Complaints Commission (IPCC). The IPCC
investigates com plaints again st the police and sets stan d ard s by
which the police them selves investigate so m e types o f com plaints.
In addition to the above, the H om e Office lead s the N ational Policing

Board. The H om e Secretary is the chair of this board, an d other
m em bers are the M inister for Policing, Security and C om m unity
Safety, and representatives of relevant H om e Office departm ents,
A CPO , the A ssociation of Police A uthorities (APA), H M IC and NPIA.
The m ain functions of the Board are a s follow s:
• To agree the H om e Secretary's ann ual national strategic priorities for

policin g and key priorities for the N ational Policing Im provem ent
A gen cy
• The set agreed priorities for the police reform program m e.
• To enable M inisters, the p rofession al lead ers of the police service
and police authorities to m onitor p rogress in im plem enting
the reform program m e and identify and overcom e barriers to
delivery.
• To provide a regular forum for debate and three-way com m unication
betw een the tripartite partn ers on the opportun ities and challenges
facing policing.
73
A Policing Reference G roup m ad e up of police staff association s,

unions and other b od ies representing gro u p s in the police service,
enables other stak eh olders to have an input into the w ork of N ational
Policing Board.
Association o f C hie f Police Officers (ACPO)

The A ssociation of C hief Police O fficers of England, Wales and
N orthern Ireland (ACPO ) is the representative b od y of chief officer
ranks. The chief officer ran ks are a s follows:
C o n stab u la rie s C ity o f London Police M etrop olitan Police
C hief C onstable C om m issioner C om m issioner

D eputy Chief A ssistan t C om m issioner D eputy C om m issioner
C onstable D eputy C om m issioner A ssistan t C om m issioner
A ssistan t Chief D eputy A ssistan t
C onstable C om m ission er
C om m an der
A CPO has no statutory function and m em bership is voluntary.

N otw ithstan din g this apparen t inform al b asis, it h as becom e highly
influential in developin g policy that aim s to co-ordinate policing
activity. A CPO policy is developed by a num ber of b u sin ess areas,
each of w hich is led by a chief constable. Each b u sin ess area is
divided into a num ber of portfolios which are led by an officer of
A C PO rank and m ad e u p of practitioners with relevant expertise.
The A CPO b u sin ess areas and portfolios are as follow s:
B u sin e ss area P ortfolios
C itizen focu s S tan d ard s and quality

Visibility and the w ider police fam ily
N eigh bourhood policing
R esp on siven ess policing
C itizen journey
C rim e Forensic science
O rgan ised crim e
Intelligence
D rugs
Firearm s
Violent crim e
74
B u sin e ss area P o rtfolios
• A cquisitive crim e
• S tan d ards, com petencies and training
• Technology
• Econom ic crime
C rim in al ju stice • Pre-trial
• Trial
• Integration
• Victim s and w itnesses
• D ispo sal/en forcem en t
• N e w /re v ise d CJ legislation
• CJIT
• Perform ance m onitoring
• Youth justice
• C JS p rofession al developm ent
• C onfidence in the CJS
• PN LD
Finance and • Procurem ent
resou rces • Police Expenditure Forecasting G r o u p /
S pen d in g Review
• C IP F A /Statistics
• A ctivity-based costing
• Property Services M an agers' G roup
• Police Efficiency G roup
• Spon sorsh ip and incom e generation
• C harging m ethodology
• M utual aid
• D irectors of Finance N ational M eetings
• Fleet m an agem en t transport
• Pensions
In form ation • C om m un ication s
m an agem en t • Police N ational C om puter
• Inform ation A ssuran ce
• Data protection and freedom of
inform ation
• Futures
• In-service sy stem s
• Em erging sy stem s
• CJIT
75
B u sin e ss area P o rtfolios
Perform ance • Perform ance m easurem en t (developm ent)

m an agem en t • Inspection regim e
• C rim e statistics
• N ational contact m an agem en t portfolio
• Perform ance m an agem en t (training)
• N M IS (N ational M anagem ent Info System )
• Business area h e a d 's portfolio
Race and d iversity • H ate crim e
• A sylum and im m igration
• Sexu al orientation
• Faith and com m unity tension
• G ender (internal)
• G ender (external)
• Independent adv isory gro u p s
• G y p sies and travellers
• M ental health and disability
• Perform ance m anagem ent
• P rogression
• Race equality
• Training
• A ge
Terrorism and • O perational
allied m atters • Technical
• International liaison
• Legislation
• Training
U n iform ed • O perational issu es
o p eration s • C onflict m anagem ent
• Em ergency procedures
• Road policing
W orkforce • Personnel m anagem ent
develo p m en t • Rew ard and recognition
• Learning developm ent
• Safer and healthier policing
• Leadership
• W orkforce m odernisation
• H R m odernisation
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Each portfolio holder is responsible for policy and practice in their

respective area. H ow they d o this varies, but m any su b d iv id e the
portfolio into a num ber of w orking gro u p s looking at a relevant
area. For exam ple, the Violence Portfolio in the C rim e B u siness Area
is su b d iv id ed into gro u p s, one of which is the H om icide W orking
G roup (HW G). The HW G d ev elo p s policy and practice in relation
to hom icide and m ajor incident investigation. It is led by a chief
constable an d the vice chair is u su ally of assistan t chief constable
rank. Other m em bers of the gro u p are senior detectives, u su ally
h ead s of CID, representing each region. There are also representatives
from the H om e Office, NPIA , the Special Investigation Branch of the
Royal M ilitary Police, the H ealth and Safety Executive (who are often
involved in the investigation of fatal incidents relating to industrial
or transport accidents), SO C A , and a forensic science practitioner.
In dividual m em bers are responsible for m onitoring developm en ts in
specific areas of b u sin ess relevant to the investigation of hom icide and
m ajor incidents, and these include, am on g others, pathology, training
and forensic science. Specific pieces of w ork are also com m issioned
and individual m em bers are responsible for p rogressin g these. The
HW G m eets once every quarter to review new developm ents and
to p rogress the w ork it h as initiated, and their in d ivid ual policy or
practice p ap ers are distributed to forces, either as hard copies sent to
chief constables or pub lish ed on the A CPO w ebsite or in the journal
of Homicide and M ajor Incident Investigation, the official publication
of the HWG. The m ain practice docum en ts that the HW G publish
are the A C PO Murder Investigation Manual, which p rovides advice
to senior investigation officers on the strategies and tactics involved
in hom icide investigation, and the A CPO Guidance on Major Incident
Room Standardised Administration Procedures (M IRSAP), which sets
stan d ard s for the m an agem en t of a m ajor incident room.
A large num ber of sim ilar gro u p s within A CPO have the potential
to develop policy in relation to crim inal investigation. To control the
flow of this m aterial to the service, a Policy U nit co-ordinates the
w ork of them all and a com m ittee of chief officers ap p rov es all policy
before it is distributed.
Police forces
A lthough it is com m on to hear peop le talk of the police service, the
reality is that there is no sin gle organisation that fits that description.
Each of the in d iv id ual police forces in the U K is a w holly independent
organisation that, in theory at least, is able to define its ow n structures,
77
policy and procedures. Policing organisations include those that

have a broad policing rem it over a particular geograph ical area, for
exam ple C am bridgesh ire C onstabu lary or the G reater M anchester
Police. Police forces have a com plex policy fram ew ork sim ply
because they are responsible for a w ide ran ge of strategic issu es,
from resp on d in g to em ergencies through to n eighbourhood security.
C rim inal investigation is one of their key strategic objectives and a
great deal of their policy is aim ed at setting and achieving objectives
in relation to it. M uch of this will be sh aped by national policy from
the H om e Office, A C PO or A C PO S but som e will be aim ed at dealin g
with local issu es such as force objectives or the relationship betw een
the force and other crim inal justice and relevant agencies.
Force objectives tend to be set annually. Som e are derived from
the N ational Policing Plan set by the H om e Secretary w hile others
are set locally follow ing consultation with the Police Authority, the
com m unity and partner agencies. These objectives w ill very often
define particular types of crim e or beh aviour that the force will focus
its efforts on du rin g the com ing year. Policy in relation to how the
force will w ork with local agen cies is also influenced by national
policy but will be tailored to that area. For exam ple, national policy
en courages co-operation betw een police forces, local authorities and
health authorities in relation to the investigation of child abuse. H ow
this co-operation is achieved in any one location is a m atter for local
negotiation. It w ill be included w ithin a force policy that gu id es
investigators on the ste p s they need to take to ensure that there is
effective co-operation in such investigations.
Types o f policy
Policy in relation to the investigation of crim e tends to be written to

influence one of the follow ing objectives.
The achievem ent o f national or local political objectives

The law cannot determ ine which crim es will be investigated, the
resources that will be m ad e available to the investigation or the
w ay in which they will be u sed. Such issu es are often dealt with by
policy. For exam ple, the Police Reform Act 2002 requires the H om e
Secretary to p rodu ce an annual N ational Policing Plan, which sets
out the strategic policing priorities for each year. The p lan s cover
a three-year rolling period and the first w as pub lish ed in 2002. The
2005-2008 plan contained the follow ing chapters:
78
1 The Home Secretary's key priorities, which were to:

(a) Reduce overall crim e - including violent and drug-
related crim e - in line with the govern m en t's Public Service
A greem ents (PSAs).
(b) Provide a citizen-focused police service which resp on d s to
the needs of com m unities and ind iv id uals, especially victim s
and w itnesses, and inspires public confidence in the police,
particularly am on g m inority ethnic com m unities.
(c) Take action with partn ers to increase sanction detection rates
and target prolific and other priority offenders.
(d) Reduce p eo p le's concerns about crim e, and anti-social
beh aviour and disorder.
(e) C om bat seriou s and organised crim e, within and across force
boundaries.
2 Contexts, which relates the key priorities to w ider governm ent
objectives and the national strategic assessm en t of w hat crim es are
likely to im pact on com m unities du rin g the com ing years.
3 Delivering the key priorities, which sets out the w ay that forces
sh ou ld approach the five key priorities while taking into account
local circum stances.
4 Performance management, which exp lain s how p rogress tow ards
achieving the five key priorities w ill be m easured.
5 Resources, which describes the govern m en t's app roach to p rovidin g
the resources required to deliver policing in general, and the five
key priorities in particular.
A lthough there is a statutory b asis for the N ational Policing Plan,

there is no statutory b a sis for its content. The key priorities, how
they are to be m easu red and the resources that are m ad e available
for achieving them are w holly determ ined by governm ent policy
Because the govern m ent's five key priorities are all concerned with
crim e, the N ational Policing Plan is highly influential in determ ining
w hat gets investigated and the resources that are available to d o it.
The priorities are incorporated into each police force's ow n objectives
and they form the b asis of variou s inspection and reporting regim es
that are d esign ed to ensure that they are delivered. This influences
79
the w ay in which police forces and other relevant agen cies respond
to crime.
Achieving com m on national standards

Because police forces are all indepen den t and m ake policy in their
ow n right, there are a great m any things that they do differently.
There are benefits to this in that it enables them to tailor their
service to m eet local n eeds and conditions. H ow ever, in doin g things
differently it is natural that there will be inconsistencies between
forces. In som e cases this is undesirable and national policy seeks to
ensure that forces have national stan d ard s in som e areas of operation.
One of these is the w ay in which they record crim es reported to
them. A com m on stan dard is im portant in this case because if all
forces recorded crim es differently it w ould be im po ssib le to form an
accurate national picture of crime. The N ational C rim e Recording
Stan d ard s were introduced by the H om e Office in 2002 to bring
consistency to the w ay in which the police record crim e throughout
the country, and are issu ed to forces in the Home Office Counting Rules
for Recorded Crime. The stan d ard s provide gu id an ce on w hen and
how to record crim e, the categories to record it under, when a crim e
can be counted a s detected and rules for sen d in g this inform ation to
the H om e Office to be collated nationally.
The promotion o f good practice

With the police service's acceptance of the im portance of good
in vestigative practice h as com e an increased u se of m an uals that seek
to prom ote its use. They generally focus on a particular investigative
technique or the investigation of a particular type of crime. Where
this gu id an ce is p rodu ced by the H om e Office or A C PO it h as the
force of policy, in that it reflects auth orised practice in a particular
area. O ne of the earliest m an uals of this type w as the A CPO Murder
Investigation M anual, which w as first pub lish ed in Septem ber 1998
and h as been u pd ated regularly since. It w as com piled by a group of
experienced senior investigatin g officers (SIOs) w ho w ere su p p orted
by experts and other profession als w orking in the crim inal justice
system . They carried out extensive consultation within the police
service and beyond to identify goo d practice, and the m an ual brought
together the vast array of issu es involved in hom icide investigation.
It p rovides a reference poin t for the investigation of all types of m ajor
crim e and u nderpin s training and developm ent of SIO s. B ecause it is
an authoritative gu id e to practice in this area it also form s the b asis
of inspections, au d its and review s of hom icide investigation.
80
G ood practice is also prom oted through training, continuous

p rofession al developm ent conferences, w ebsites such as the N PIA
G enesis site, which h as a variety of resources for practitioners and
through journ als and m agazin es such a s Police Review and Police
Professional.
Im provem ents in custom er service

Victim and w itness care together with com m unity reassu ran ce are key
objectives of the crim inal investigation but are rarely covered by the
crim inal law. Policy fills this gap. An exam ple is the Code of Practice
for Victims of Crime, issu ed by the Office for C rim inal Justice Reform
in 2005, which p rovides gu idance to organisations in the crim inal
justice sector on the services they sh ould be p rovid in g to victim s of
crime. These include:
• A right to inform ation about their crim e within certain time lim its
and the right to be notified of any arrests that are m ad e together
with any court cases.
• A fam ily liaison police officer for bereaved relatives.
• Inform ation from the C rim inal Injuries C om pen sation A uthority
(CICA).
• Inform ation about Victim Support.
• Enhanced services for vulnerable or intim idated victim s.
• A n option to opt out of receiving services if they are not
w anted.
The code acts a s a m inim um stan dard again st which the services
p rovided to victim s of crim e can be m easured. W here victim s feel
that they have not received the level of service they expect they
can u se the code to com plain to the police or to the Parliam entary
O m bu dsm an. The code also requires the police and the C PS to form
joint W itness C are U nits to ensure that the interests of victim s are
considered du rin g the prosecution process.
By p rovidin g m inim um stan d ard s, a com plaints procedure and a
m odel for W itness C are U nits, the code h as been highly influential on
in vestigative practice in the area o f victim and w itness care.
Resource m anagem ent

Police officers and police staff are by far the sin gle m ost im portant
resource that the police service has. Policy is often aim ed at p rovidin g
gu id an ce to chief constables about the w ay in which this resource
sh ou ld be m an aged. A n exam ple is the A C PO Practice Advice on
81
the Resources and the People Assets of the National Intelligence Model
(2007). This describes the roles that are required to m ake N IM w ork
effectively in a police force, the training peop le should receive in order
to be able to perform those roles, and the m an agem en t structures
that sh ou ld be p u t into place to su p p o rt them. Policies such a s this
ensure that there is national consistency in the w ay in which police
forces m an age their resources and it also m eans that developm ent of
the p rocesses and procedu res involved can be done centrally, rather
than every force havin g to develop them individually.
The m an a ge m en t o f inter-agency co-operation

M any investigation s require co-operation betw een a num ber of
agen cies and policy can be used to ensure that all of those involved
understan d how this co-operation is to be m an aged and the role
that each agency takes in the investigation. For exam ple, a protocol
exists betw een A CPO and the M inistry of Defence on the w ay in
which deaths that occur on land ow ned by the M inistry of D efence
w ill be investigated. Such a protocol is n eed ed because a num ber of
police agen cies m ay have jurisdiction on such land: the M inistry of
Defence Police, the Royal M ilitary Police and the local constabulary.
The protocol p rovid es gu idance to all concerned on w ho h as prim acy,
how inform ation is to be shared betw een the police forces involved
and how investigation s are to be co-ordinated. A lthough it d o es not
deal with any strategic issu es, the protocol is highly influential in
individual investigation s in these circum stances.
It can be seen from the above that policy h as a num ber of sources
and seeks to achieve a w ide ran ge of objectives. It is therefore
m ore difficult for in vestigators to access than the law, which is well
docum ented for them. Policy is nonetheless influential in sh aping
how in vestigation s are carried out. It influences the objectives that
are being sough t, the resources that are available to achieve them and
the p rocesses by which they are to be achieved.
C o n c lu sio n
The law p rovides a fram ew ork for investigators by defining in

concrete term s the type of beh aviour that constitutes a crim inal
offence, by defining the pow ers that investigators have to gather
inform ation abou t a crim inal offence, and by setting the stan d ard s
for the type, quality and volum e of inform ation that are required
82
before som eone can be prosecuted. The police are not obliged to
investigate any particular case or use any particular statute. They
have a broad crim e control m an date and can exercise discretion in
how they achieve their objectives. These objectives are not derived
from the law, but from a com plex policy fram ew ork which h as at its
head the H om e Secretary, follow ed by A CPO and in d iv id ual chief
constables. The objectives they set, and the principles they w ish them
to be achieved by, determ ine which crim es get investigated, to w hat
degree and by w hom . Th us it can be argued that crim inal law is used
by the police as a resource for achieving organisational objectives and
they certainly don't seek to enforce all law s all the time. G iven the
ran ge of hum an beh aviour that has been deem ed to be crim inal and
the extent to which p eop le en gage in it, it w ould be im possible for
them to d o so.
Investigative practice determ ines the w ay in which investigators
put the law and policy to use in in d iv id ual cases. In som e cases this
involves follow ing routine p rocedu res that have been design ed to
ensure com pliance with the relevant legislation. In others it involves
com plex problem -solving that requires a high level of know ledge,
skill and u n d erstan din g across the full ran ge of issu es involved in
investigative practice. In either case, in vestigators need a thorough
grasp of the legislation and policy and how these are app lied in
practice by the courts and police forces.
There is a w ealth of m aterial on the crim inal law and its practice and
m ost libraries p rovide ready access to reports of in d iv id u al cases.
The M inistry of Justice w ebsite is a goo d source of m aterial (www.
justice.gov.uk) and the Office of Public Sector Inform ation (www.
opsi.gov.uk) publish es Acts of Parliam ent online. P. Roberts and A.
Zuckerm an, Criminal Evidence (O xford: O xford U niversity Press, 2004)
p rovides in-depth critical an aly sis of the w ay in which crim inal law
is m ad e and practised. P. Connor, G. H utton, G. M cKinnon and D.
Johnston, Blackstone's Police Investigators' M anual 2008 (O xford: O xford
U niversity Press, 2008) p rovides investigators with a gu id e to the
crim inal law that is tailored specifically to their needs. S. C alligan
Points to Prove (6th edn, Goole: N ew Police B ookshop, 2006) is also
aim ed at practitioners and sh ow s how investigators break dow n
legislation into specific elem ents and the type of inform ation they
seek to gather in order to prove each one.
83
P. Ozin, H. Horton and P. Spivey, PACE: A Practical Guide to the

Police and Criminal Evidence Act 1984 (Oxford: O xford U niversity
Press, 2006) is written for practitioners and p rovides a gu id e to
the legislation that u n d erp in s virtually all investigative practice. C.
H arfield and K. H arfield, Covert Investigation: A Practical Guide for
Investigators (O xford: O xford U niversity Press, 2005) is written by
practitioners and p rovides a gu id e to the relevant legislation and
how it is u sed in operation al situations. V. W illiam s, Surveillance and
Intelligence Law Handbook (O xford: O xford U niversity Press, 2006)
is a com prehensive source of m aterial on the legal asp ects of all
surveillance techniques.
M. Tonry, Confronting Crime: Crime Control Policy under Nezv Labour
(C ullom pton: Willan Publishing, 2003) exam ines the political thinking
that un d erp in s m any of the ch anges to the crim inal law and crim inal
justice system du rin g the recent past. A different perspective on the
political debate about the cau ses of crim e and the m ost app rop riate
policy response to it is p rovided in P. H itchens, A Brief History of
Crime: The Decline of Order, Justice and Liberty in England (London:
A tlantic Books, 2003).
Policing policy deb ates tend not to p rodu ce a significant literature
of their ow n. They are generally p lay ed out betw een the v ariou s
stakeh olders and in the m edia. A goo d source for current issu es is
the H om e Office w ebsite (w w w .hom eoffice.gov.uk). This site also
provides links to H er M ajesty's Inspector of C on stab u lary (www.
h o m eo ffice.gov.u k /h m ic/), from where reports that u nderpin policy
developm ents can be do w n lo aded , for exam ple, H M IC, Closing the
Gap: A Review of the Fitness for Purpose of the Current Structure of
Policing in England and Wales (London: H M IC, 2005), which led to an
intense debate about whether the am algam ation of forces w ould lead
to im proved services, including crim inal investigation. This debate
w as extensively reported in the m edia and w as eventually resolved
in favou r of not goin g ah ead with am algam ation s. Police authorities
were highly influential in this debate and each h as a w ebsite where
policy is often published. A C PO h as their ow n w ebsite (w w w .acp o.
police.uk) w here m any of their policies are available to dow n load.
84
C h apte r 4
Information
In tro d u c tio n
The law defines the type of beh aviour and mental states that m ust
be proved if som eone is to be found guilty of a crim inal offence.
It also sh ap e s the process by which investigators go about the task
of locating and gathering the evidence n eeded to do this. The rules
of evidence m ean that courts can hear any inform ation that is both
relevant to the case and adm issib le in law. The test of relevance
and adm issibility are sufficiently w ide to m ean that under the right
circum stances alm ost any type of inform ation can be presented to
a court a s evidence. A s a consequence, the ran ge of inform ation
that is of interest to investigators a s potential evidence is very
w ide. Furtherm ore, the problem s of investigation are not lim ited to
evidence-gathering. Inform ation that w ould fail the test of relevance
and adm issibility if it w as presen ted to a court as evidence can
still be u sed by the police to m ake p rogress in an investigation by
increasing their know ledge of an offence or an offender. For exam ple,
an an on y m ous telephone call to the effect that a person h as controlled
d ru g s in their hom e falls w ell short of the stan d ard s that w ould
enable it to be u sed in evidence again st that person. It may, however,
lead the police to locate the d ru gs and charge the person with an
offence b ased on evidence of p o ssessio n . The an on ym ous inform ation
is therefore of very high value to the investigation even though it is
of no evidential value.
Inform ation in all its form s is therefore central to crim inal
investigation and the process of investigation principally involves the
85
gathering, interpretation and presentation of inform ation (M aguire

2003: 370). This chapter considers the characteristics of inform ation,
how it is generated du rin g the com m ission of a crim inal offence, why
there is attrition betw een the inform ation generated by a crim inal
offence and the am ount that is eventually u sed in the crim inal justice
system , how inform ation is transm itted to the police and how it can
becom e distorted in the process.
In fo rm a tio n
From an in vestigator's point of view, tw o types of inform ation are

im portant. The first is inform ation as knowledge. This m ost often m eans
the first-hand know ledge that victim s, w itnesses and offenders have
about a crim e and which they can relate directly to investigators and
to courts as testimony. O ccasionally it can include inform ation from
those with no first-hand know ledge of a crim e, such a s inform ants
or opinion from experts. The second type is inform ation a s data,
m ost often in the form of objects, docum en ts, im ages, recordings and
scientific sam p les from which investigators and courts can infer facts
about the case. Both types of inform ation can be used in evidence,
but they have different characteristics, a s d iscu ssed below.
Information as knowledge
A key objective for investigators is to locate those with know ledge

of the crime and m anage the transfer of that know ledge to the
investigation in w ays that enable it to be used by investigators and
subsequently in court. This involves the use of techniques to locate
victim s, w itnesses and offenders as well as the techniques of recruiting
inform ants and w orking with experts. This is alm ost w holly an issu e of
hum an com m unication. There are som e technical and procedural issu es
around locating people in the first place, but obtaining access to their
know ledge of the crime depends alm ost entirely on their w illingness to
com m unicate it and the in vestigator's ability to receive it. The technique
for doin g this is called investigative interviewing and is exam ined in
more detail in C hapter 5. Those who have know ledge about a crime
that m ay be of use to investigators include the following:
W itnesses an d victims
The term 'w itness' covers a w ide ran ge of people, including victim s,
w ho have seen or heard som e act related to the crim e. They m ay
86
Inform ation
h ave seen the crim e com m itted, in which case they are u su ally
referred to a s ey ew itn esses, alth o u gh this term h as no sp ec ia l sta tu s
u n d er the law. Th ey m a y h av e w itn e ssed so m e sign ifican t act before
the crim e w a s co m m itted, such a s o ffen ders threatening victim s or
m ak in g p rep a ra tio n s to com m it the crim e. A cts w itn e ssed after a
crim e can in clu de o ffen d ers b ein g in p o sse ssio n of stolen property,
or b lo o d stain ed clothing, d isp o sin g o f ev id en ce or leav in g scen es. In
so m e cases, o ffen ders tell others w h at they h av e d o n e an d they then
becom e w itn esses. In v e stigato rs th em selves can b ecom e w itn e sses in
a case if they locate d a ta that incrim in ates an offender, if an offen der
m ak es incrim in atin g statem en ts to them d u rin g in terview s, or if they
carry o u t su rveillan ce that lea d s them to w itn ess so m eth in g that is
relevan t to the case.
Even w here v ictim s h av e no k n o w led ge that could link an offen der
to a crim e, they w ill u su ally be ab le to g iv e su fficient inform ation
to p rove that an offence h as taken p lace, an d in form ation u sefu l
to the in vestigation , such a s the tim e, d a te and p lace w here the
offence occurred, d e tails of the m eth od u sed to com m it it, an d in
p rop erty crim es d e scrip tio n s o f stolen item s. V ictim s often know w ho
the offen der is an d so m ay be able to identify them to the police
an d p ro v id e u sefu l inform ation ab o u t their p re v io u s b eh av io u r an d
w here they can be located. W here they d o not know them , they m ay
be able to p ro v id e d e scrip tio n s an d other u sefu l inform ation such a s
the d e ta ils o f veh icles they u sed .
Offenders
N aturally, offen ders are the best source of inform ation about the
crim es they have com m itted. Som etim es they ch oose to com m unicate
this to others, including investigators. M any of them com m unicate this
k n o w led ge to family, frien ds and associates, w h o then becom e w itnesses
to the case (Stelfox 2006: 79). A high proportion of offen ders (60 per
cent) m ak e so m e form of ad m issio n to investigators w h en they are
arrested and interview ed ab ou t the offence (G ud jon sson 2007: 476).
Inform ants
T h is term is u sed to d escrib e the w id e ran ge of p eo p le w h o m ay
h av e inform ation relevan t to a crim e w ith ou t b ein g a victim , w itn ess
or offender. Th ey in clu de those d escrib ed u n d er Section 26(8) o f the
R egu lation o f In vestigato ry P o w ers A ct 2000 (RIPA) a s 'covert hu m an
intelligence so u rc es' (C H IS), that is, a p erso n w h o estab lish es or
m ain tain s a relation sh ip w ith so m eo n e for the p u rp o se o f ob tain in g
87
inform ation that is disclosed covertly to investigators. A C H IS m ay

sp on tan eously volunteer inform ation to investigators or m ay be
recruited specifically with the intention of gathering inform ation
abou t a particular person or type of crim e. The type of inform ation
provided, and its usefu ln ess, varies en orm ously and includes details
abou t crim inals such a s w here they are living, the vehicles they are
u sin g, locations of stolen or other types of property or plan s for
future crim inal activity. Because of their proxim ity to crim inals there
is alw ay s the potential for C H ISs to becom e w itnesses, although m ost
do not sim p ly because the inform ation they have is often third-hand
and so is not adm issib le as evidence.
The Covert Human Intelligence Sources (CHIS) Code of Practice issu ed
by the H om e Office under RIPA m ak es it clear that the p rovision s
of the Act are not intended to cover circum stances where m em bers
of the public volunteer inform ation to investigators a s p art of their
civic duty or to situation s where peop le provide inform ation through
telephone hotlines such a s C rim estoppers. The term 'com m unity
inform ant' is often u sed to describe those w ho are not in the type
of relationships to crim inals covered by RIPA but have inform ation
abou t a local crim e or an offender that they are w illing to share
with investigators. A s with C H ISs, this inform ation is very varied
and can cover the type of crim e that is being com m itted in an
area, those thought to be responsible, com m unity reaction to it,
the identities of p ossib le w itn esses or other sources of inform ation,
and the identification of locations where crim e is believed to take
place.
Expert advisors
A s a general rule, courts are reluctant to hear evidence of a p erson 's
opinion. An exception to this is som eone w ho the court recognises
a s an expert w itness, w hose training or experience enables them to
offer an opinion to a court on a particular matter. For exam ple, a
forensic scientist m ay be allow ed to give an expert opinion that the
pattern m ad e by the distribution of blood on a w all indicates that the
victim w as stan din g in a particular place when struck in a particular
m anner by the suspect. In givin g this opinion the scientist w ill draw
upon the literature of blood distribution and their general scientific
know ledge and will be able to explain objectively w hy they hold that
opinion. O pinion of this type is often p rovided to courts by experts
from areas such as m edicine, forensic sciences, engineering and
psychology, where there is a recognised literature that can su p p ort
the opinions given.
Inform ation
W hereas courts require experts to give opinion in relation to

inform ation that h as already been subm itted to them a s evidence,
in vestigators often need expert opinion in order to locate or interpret
the inform ation in the first place. This m ay involve the sam e type of
experts a s those u sed by courts, but this is not alw ay s the case. For
exam ple, where a b od y is located in a river, investigators m ay consult
local fisherm en or sailors to establish the likely point at which the
bod y entered the water. In p rovidin g this opinion, these people will
be draw in g on their ow n experience but are unlikely to be able to
point to a bod y of literature or experim entation of a type that w ould
enable a court to use them a s expert w itnesses. Their inform ation is
nonetheless u sefu l to in vestigators if it enables them to identify a
crim e scene.
Even w here there is a bod y of literature, opinion given to the police
will not alw ay s be adm itted a s evidence. Behavioural investigative
a d v iso rs (BIA), often called offender profilers, are able to draw on
a bod y of literature and research to p rovide investigators with an
opinion as to the characteristics of offenders b ase d on w hat is know n
of the offence. H ow ever, courts are unlikely to allow this to be used
a s evidence because it will be seen a s being prejudicial to the case,
su gge stin g as it d o es that the offender h as characteristics shared by
the accused. There is then a w ide range of opinion that investigators
can access that is unlikely to find its w ay into the evidence seen by
courts, but is nonetheless extrem ely useful to them in locating and
interpreting other inform ation.
Cognition an d knowledge
W hat peop le think they know about any subject and their ability to
recover it and com m unicate it to others a s a m em ory d ep en d s on a
num ber of factors. H ow w ell they perceived an event in the first place
is an obviou s starting point. We experience the w orld through our
five senses. Sight and hearing are the two m ost relevant to crim inal
investigation, although taste, sm ell and touch occasionally p lay a role.
A s our brain receives this sensory inform ation it tries to interpret w hat
it m ean s and to store it for future use. The interpretation of sensory
inform ation is highly dependen t on w hat w e already know of the
w orld: for exam ple, know ing the difference betw een a gu n sh ot and a
door slam m in g. But the context in which w e have the experience can
be equally im portant. For exam ple, a loud b an g in the m iddle of a
forest m ay be interpreted a s a gu nshot rather than a door slam m in g
because the context m akes the form er m ore likely. O f course, people
89
with different exp erien ces o f the w orld and in different contexts m ay
interpret a lo u d b a n g a s resu ltin g from a car b ack firin g or a bottle of
c h a m p a g n e b ein g op en ed .
A ll o f this illu strates that from the p oin t at w hich w e first start to
acq uire ou r k n o w led ge o f an event, th in gs can g o w ro n g d u e to ou r
failu re to interpret the se n so ry in p u t correctly. T h is is u n d ersta n d a b le
given the v a st am ou n t of se n so ry in p u t w e receive d u rin g ou r
w ak in g h ours. We co pe w ith this b y p ay in g m ore attention to those
in p u ts that w e co n sid er im p o rtan t to u s and less to those w e b elieve
w ill not be a s u sefu l. T h is is illu strated by the com m on ly reported
ph en om en o n o f 'w e a p o n fo cu s', w h ere the victim s of violen t crim e
are often able to d escrib e the w e a p o n s u se d in great detail b u t are
le ss clear on other featu res of the event, the reason b ein g that w h at
w a s of m o st im po rtan ce to them d u rin g the incident w a s the w eap o n ,
an d so that is w h at they fo cu sed on (W illiam son 2007: 77).
The level of attention p a id to an even t can b e p rob lem atic in those
ca se s w here w itn esses d o not realise that w h at they are w itn essin g
m ay be conn ected to a crim e. They m ay p a y great attention to
the d escrip tio n o f so m eo n e they see clim bing into a n e ig h b o u r's
h o u se through a w in dow , b u t a great d e al less to so m eo n e w h o is
ap p aren tly innocently w alk in g d o w n the street. If it later tran sp ires
that the p erso n w alk in g d o w n the street w a s in vo lv ed in a crim e,
w itn e sses' d e scrip tio n s m ay be v a g u e d u e to their lim ited attention
to w h at they th ou gh t w a s an in sign ifican t event.
Sen so ry inform ation is first stored in a se n so ry store, w here it is
retain ed for p e rio d s o f u p to a few secon d s. We are not co n scio u s of
all o f this inform ation an d if it is not b ein g u sed it is qu ickly lost. If
the in form ation is b ein g atten d ed to it g o e s into the sh ort-term , or
w o rk in g, m em ory. T h is is inform ation that w e are co n scio u s of, an d
alth ou gh it can be lost ov er ab o u t 20 se co n d s it can be retained by
p a s sin g into the long-term m em ory. O u r long-term m em ories a p p e a r
to h av e an u nlim ited cap acity b u t m e m o ries d ecay over tim e an d a
great deal can be lost in the first few h ours. It is inform ation in the
lon g-term m em ory o f w itn e sses that co n stitutes their k n o w led ge of
a crim e.
H ow ever, these m em ories are not sim p ly reco rd in gs o f the ev en ts
that can b e rep lay ed accurately at w ill. A s w a s seen ab ove, the
m em ory itself is u n likely to represent the total se n so ry inform ation
ab o u t an even t that w a s received by the w itness. In ad d ition , the w ay
they in terpreted it m ay b e inaccurate, w h ich is a p rob lem that can
be co m p o u n d e d by d r u g u se, p h y sical or em otion al sta tes and level
o f intelligence. But once in the lon g-term m em ory, k n o w led ge o f an
90
Inform ation
event can becom e distorted by a ran ge of factors such a s d iscu ssion s

w itn esses have with others about the event, things they read or hear
in the m edia, the w ay that qu estions are put to them by investigators
or their m ental landscape, which m ay im pose prejudices, assu m p tion s
or h y potheses about peop le and situation s on to their m em ory of
the event. These factors m ean that w itnesses can unintentionally
ad d or subtract detail from their m em ories, but will still experience
the m em ory as though it w ere real and m ay therefore provide a
convincing, but inaccurate, account of events to investigators.
The cognitive p rocesses described above can affect w itn esses'
m em ories across the full spectrum of know ledge that investigators
are interested in, from their descriptions of w hat they saw or hear
through to their identification of su sp ects on identification p arad es
or from im ages. But this d o es not m ean that w itnesses are alw ays,
or even often, wrong. M istakes are m ore likely to occur in relation
to the fine detail than to the central inform ation about w hat took
place (W illiamson 2007: 79). In m any investigation s it w ould be
difficult to im agine how w itn esses could be m istaken about this
central inform ation; for exam ple, a victim of dom estic violence is
hardly likely to be m istaken abou t the fact that her h u sban d beat
her, although she m ay have som e difficulty recollecting exactly how
m any blow s there were.
Information as data
W hereas inform ation a s know ledge can only com e from hum an
bein gs, inform ation a s data can be derived from a range of sources,
such as fingerprints, CCTV, docum ents, item s left at or taken from a
scene, and D N A . This data en ables in vestigators and courts to infer
facts from it, and thereby increase their know ledge of the crime.
Inform ation a s d ata is often very sim p le to use. For exam ple, an
article stolen du rin g a b u rglary and found hidden in a su sp ect's
hom e is data. It cannot tell investigators how it got there or who
w as responsible for the burglary, but it can be u sed alon g with other
inform ation to m ake inferences abou t how it got there and w ho w as
responsible for the burglary.
Other types of data require m ore com plex techniques to identify
it, gather it and u se it. Fingerprints provide a useful exam ple. The
configuration of the rid ges on p eo p le's fingers is thought to be
unique to each individual. In the late nineteenth century, fingerprints
began to be u sed for the bureaucratic p u rp o se of en suring that a
person w as w ho they said they were, and this w as done by taking a
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print of their fingertip and com parin g it to one that w as already on

record. It w as quickly realised that this technique had an application
in crim e investigation because w hen offenders touch an object during
the course of a crim e they m ay leave a print of their finger on its
surface. If a technique could be develo ped for locating and gathering
such prints, it w ould enable offenders to be identified. O ver time a
num ber of techniques have been developed for locating and gathering
fingerprints from a w ide ran ge of su rfaces and it is now a w idely
u sed m ethod of investigation. It is stan dard practice to keep a record
of the fingerprints of know n crim inals to com pare again st those
found at crim e scenes. Even w here a fingerprint cannot be m atched
to som eone already know n to the police, it is still a very useful w ay
of connecting som eone to the scene of a crim e once they have been
identified as a su sp ect by other m ethods.
It can be seen, however, that fingerprints left at the scenes of crim es
are not know ledge. They are inert and can tell us nothing until they
have been subject to a process that turns them into know ledge. They
are data. The sam e is true of a great deal of the inform ation that is
of interest to investigators. CCTV im ages and so u n d recordings are
data, records of so m eo n e's phone use or financial transactions are
data, D N A is data, and there are m any m ore exam ples. What is of
significance to in vestigators is that each type of data generally requires
its ow n technique to locate it, gather it and u se it in an investigation:
that is, to turn it into know ledge. The data left on the han dle of a
knife in the form of a fingerprint can only becom e know ledge for
the investigator w hen it is recovered in a form at that en ables it to be
tested again st the national fingerprint d atab ase or again st su spects. It
is convenient to divide data into three categories.
1 Trace material. This term refers to any m aterial that results from
contact betw een two things. It is derived from Lo card's exchange
principle, w hich h old s that every contact betw een tw o things
leaves a trace. In m an y cases this m aterial is very sm all and
easily d am ag ed or destroyed an d it requires specialist crim e scene
investigation or other scientific techniques to identify and recover
it. It could include fingerprints, bodily fluids, hair, fibres, chem icals
or physical m arks.
2 Electronic data. Electronic data sources include CCTV system s,
telephone sy stem s, com puters, electronic surveillance equipm ent
such a s listening devices and other types of electronic recording
system s.
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Inform ation
3 Articles. A rticles covers a w ide ran ge of data from things taken

from scenes of crim e, such a s stolen property, w eapon s u sed in a
crim e, vehicles and docum en ts written by offenders.
In vestigators are therefore looking for tw o types of inform ation. They

are looking for those with know ledge about the crim e that can be
transferred to the investigation and they are looking for data from
which know ledge can be derived. The distinction betw een these
two types of know ledge is an im portant one because it underlines
the tw o m ain sets of skills required by investigators: the ability to
com m unicate effectively with a w ide range of people to gain access
to w hat they know abou t a crim e and m an age its transfer to the
investigation, and the m astery of a w ide range of techniques aim ed
at locating, gathering and u sin g data from which facts about the case
can be inferred. In relation to som e types of data, these techniques
are highly specialised and require the participation of those with the
necessary technical expertise such a s crim e scene in vestigators or
forensic scientists, but even w here this is the case, investigators need
sufficient know ledge to identify the potential for such m aterial to be
present and to task a specialist to look for it and exam ine it. Table 4.1
lists the type of inform ation that is generated by a crime.
C la ssify in g in fo rm atio n
Once in vestigators have gathered inform ation, it is com m on to hear

them d iscu ss it in relation to three classes: inform ation, intelligence
and evidence. These term s are often u sed w ith little precision and with
local variation. In practice this m ay not m atter p rovided everyone
involved in the investigation, prosecution and defence u n d erstan ds
the w ay in which term s are being u sed in that case. H ow ever, they
have specific, and different, m eanings, which can be im portant for
investigators, as explored below.
Information
The characteristics of inform ation that are of interest to investigators

have already been discu ssed . In relation to its classification,
inform ation is a cover-all term u sed to describe anything gathered
by the police that do es not fall into either of the follow ing classes.
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C rim in a l In v e stiga tio n
T able 4.1 The types of inform ation generated by a crime
Type of inform ation H ow generated
Knowledge
Victim and w itness Victims and w itnesses m ay see or hear som ething
accounts of relevance before, during or after the incident.
This could include those investigators who have
w itnessed som e relevant fact a s a consequence of
interview ing su spects, or by carrying out searches
or surveillance.
O ffender accounts O ffenders m ay tell others of their involvem ent in
the crim e or m ay m ake incrim inating statem ents to
the police during an investigation.
Inform ant accounts Inform ants learn of inform ation relevant to a crime
w ithout having w itnessed the events them selves.
Police intelligence The police m ay have intelligence from their own

records, from partner agencies or from the
com m unity that is relevant to an investigation.
Information as data
Trace material O ffenders leave forensic evidence at the scene in
the form of fingerprints, D N A , hair, fibres,
im pressions, or take forensic m aterial from the
scene.
A rtefacts O ffenders m ay take item s from the scene of a crime
or m ay leave item s there that connect them to the
offence.
In som e cases offenders m ay be caught in
possession of illegal articles or substan ces, such as
controlled d ru gs, forged money, abusive im ages of
children and suchlike.
P assive data O ffenders m ay be caught on CCTV cam eras or
other surveillance system s.
O ffenders m ay leave an aud it trail of incrim inating
financial records, or create electronic records of
com puter use.
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Inform ation
Intelligence
Within the police service, intelligence generally h as tw o prim ary

u ses. It can be used to m ake b u sin ess decisions, such a s setting
organisational priorities, patrol p atterns and suchlike. W hen u sed
in this w ay it tends to include inform ation such as crim e figures,
victim su rvey s, opinion p olls and perform ance statistics. It is also
u sed to m ake operation al decisions, such a s w ho to investigate, the
best time to search a particular p rem ises or where to locate a su sp ect
for arrest. U sed in this w ay it is called operational intelligence and
generally includes inform ation about where p eople live, their lifestyle,
associates, and crim inal activity, all of which can a ssist investigators
to decide how best to gather more inform ation about them if they
becom e su sp ects in a crime.
M ost intelligence u sed by the police is w hat is know n a s 'open
source', which m eans that it is publicly available. O pen source m aterial
includes a w ide ran ge of inform ation that is created by public and
private bod ies, such a s electoral registers, D river and Vehicle Licensing
Centre (D V LC) records, and credit and b u sin ess data. In contrast,
closed source intelligence com es from sources that are not publicly
available, such as inform ers or police d atab ase s such as the PN C or
fingerprint datab ases, which the police w ish to keep confidential.
The term intelligence is therefore m ost often u sed by investigators to
describe inform ation from a confidential or sensitive source or from
a police d atab ase that keeps inform ation about ind iv id uals. The term
is, how ever, ap p lied indiscrim inately to a w ide ran ge of inform ation.
From the point of view of an investigator, this d o es not really m ake
any difference because it is the quality of the inform ation in term s of
the know ledge it giv es them that is of value, not how it is described.
It differs little from inform ation in general and is p erh ap s m ore
app rop riately thought of a s being institutionalised inform ation in
that it is kept on d atab ase s or develo ped by intelligence sy stem s but
its value is no m ore or less than other inform ation that m ay becom e
available to investigators. It is significant to note in this respect that
the term intelligence is not recognised in the crim inal law.
Evidence
Within the crim inal justice system not all inform ation h as the sam e
status. Ultim ately, the police are seeking inform ation that can be
converted into evidence (Innes 2003: 56, M aguire 2003: 370), but
the rules of evidence m ean that not all of the inform ation gathered
du rin g an investigation can be u sed in this way.
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There is no sin gle definition by which inform ation can b e ju d g e d

to be eviden ce. A t its sim p lest, ev id en ce is an y th in g that a court
allo w s the p rosecu tion or defen ce to p u t before it in ord er to p ro v e
or d isp ro v e the facts at issu e. E vid en ce h a s tw o m ain ch aracteristics:
relevance an d admissibility.
In form ation is relevan t if its effect is to m ak e gu ilt or innocence
m ore or less probab le. T h is m e an s that an y inform ation relatin g to
the act that co n stitutes the offence, the o ffe n d e r's state o f m in d at
the tim e of the offence or even the overall circu m stan ces or story of
the crim e (called the res gestae) is relevant. T h u s, for exam p le, the
fact that an accu sed w a s fou n d in p o sse ssio n of stolen g o o d s, that he
ad m itted to the p olice that he knew they w ere stolen an d that he had
earlier v isited a p u b w h ere he b o u g h t them from a m an he d id not
know (a not infrequen t story) are all relevan t p ieces of inform ation
at a trial for h an d lin g stolen g o o d s.
Secon d, ev id en ce m u st b e a d m issib le, an d not all in form ation that
is relevan t is ad m issib le. A s a gen eral (but not exclu sive) rule, the
follow in g ty p es o f inform ation are not a d m issib le:
• H ea rsa y evid en ce
• E v id en ce of opin ion (except w h ere a court d e cid e s to h ear expert
opin ion)
• E viden ce o f an a c c u se d 's character
• In form ation that is p riv ileg ed
• E v id en ce that the court ex clu d es b ecau se o f fairn ess or for
clarity.
There are m an y excep tion s an d v ariatio n s to the ab ove. A s a

con sequ en ce, a b o d y o f k n o w led ge h a s d e v e lo p e d in the form of
case law an d statute, so m etim e s referred to a s 'the ru les o f ev id en ce',
that a ssists co u rts to determ in e w h at in form ation they w ill or w ill
not ad m it a s ev id en ce in in d iv id u a l cases. Som e o f these ru les are
com plex and their interpretation is often a contested area w ithin a
trial, so it is not a lw a y s ea sy to p red ict w h at in form ation w ill or w ill
not be accepted a s evid en ce in a p articu lar trial. The difficulty of
this sh o u ld not be o v erstated , how ever. In vestigato rs so on learn w hat
is likely to be allo w ed an d w h at d isallo w ed . In any event, it is the
law y ers p resen tin g the case to the court w h o h av e the resp on sib ility
for selectin g the inform ation they w ish to p resen t a s b ein g relevan t
to the case an d ad m issib le. It is the job o f in v e stig ato rs to gath er
m aterial in w a y s that m ax im ise the ch ances o f it b ein g adm itted as
evid en ce by a court. H ow ever, it is self-evid en t that if in v e stigato rs
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Inform ation
have not gathered the inform ation in the first place, it is unlikely
to be available to present to the court. In vestigators m ust, therefore,
have a go o d w orking know ledge of the rules of evidence in order to
identify inform ation that h as the potential to becom e evidence.
W hether som ething is labelled inform ation, intelligence or evidence
is d u e entirely to the u se to which it is bein g p u t by investigators.
A C PO Core Investigation Doctrine illustrates this by u sin g the exam ple
of a CCTV im age. It m ay be inform ation w hen it inform s the police
that an incident is occurring at a particular tim e; it m ay be termed
intelligence when it is u sed with other inform ation to su g g e st the
identities of those involved; and it m ay be evidence when it is u sed
in a prosecution file again st an accused (A CPO 2005b: 46).
M a te rial
In vestigators gather inform ation within the specific context of the

crim inal law with the intention of bringin g offenders to justice. This
m eans that they are not sim ply increasing their personal know ledge
of the incident, as w ould be the case if they w ere carrying out private
stu dy; at som e point they m u st transm it this know ledge to others. They
m ay d o this internally, for exam ple w hen com m unicating p rogress
in the case to m an agers, or externally, for exam ple w hen p rovidin g
victim s with u pd ates. Ultim ately, they m ay p a ss this know ledge
to others in the crim inal justice system w ho u se the inform ation
to prosecute and defen d a case. The inform ation that investigators
gather m u st therefore be contained in a form that enables it to be
transm itted, in order for others to exam ine and interpret it. The term
used in the CPIA 1996 and defined in the C od e of Practice written
under Part II of the A ct to describe the m any form s that inform ation
com es in is 'm aterial'.
M aterial is m aterial of any kind, including inform ation

and objects, which is obtained in the course of a crim inal
investigation and which m ay be relevant to the investigation.;
M aterial m ay be relevant to an investigation if it a p p ea rs to an
investigator, or to the officer in charge of an investigation, or to
the disclosu re officer, that it h as so m e bearing on any offence
under investigation or any person being investigated, or on the
su rroun din g circum stances of the case, u nless it is incapable of
havin g any im pact on the case.
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T h is co m p reh en siv e definition is inten ded to in clu de an y th in g that

in v e stig ato rs co u ld poten tially gath er d u rin g an in vestigation .
M aterial can be th ou gh t of a s the form in w hich inform ation
is recorded for the p u rp o se s o f an in vestigation . So m e m aterial is
a v ailab le in its origin al form , for ex am p le large articles su ch a s tools
an d stolen property, or d o cu m en ts. Som e is recorded in the form of
p h o to g rap h s o f crim e scen es or statem en ts of w itn ess accoun ts. Som e,
for ex am p le w itn e ss accoun ts, m ay be recorded in se v e ra l w ay s:
there m ay be a tape recordin g o f the p h on e call the w itn ess m a d e to
the p olice reportin g the incident; the officer w h o first atten d ed m ay
h av e recorded b rief d e tails o f w h at the w itn e ss sa id in a n otebook; an
in v estigato r m ay later h ave in terview ed the w itn ess in m ore depth
an d taken n otes o f that interview ; finally, a form al w itn e ss statem en t
w ill h av e been taken for u se by law y ers an d court. The tape, the
n otebook, the ro u gh n otes an d the form al w ritten statem en t are all
m aterial recordin g the accoun t o f the w itn ess. In the case of accoun ts,
how ever, w h at courts are ultim ately interested in is h earin g the
w itn e ss p erso n ally in court u n d er oath. C om m only, fo rm s of m aterial
include:
• Statem en ts
• D ocu m en ts
• R eports
• P h y sical exh ibits su ch a s w e a p o n s, cloth in g, stolen g o o d s an d
b iological or chem ical m aterial
• F in gerprin ts
• Im ages
• A u d io or v id eo recordings.
T h u s, from the p oin t o f view o f in v e stigato rs, inform ation a lw a y s

h a s a tan gible form in that it is contain ed in m aterial of one so rt or
another. It is the location an d collection o f this m aterial that is at the
heart o f the in vestigation process.
In fo rm a tio n profiles
W hen p eo p le e n g a g e in b eh av io u r that h as been d e em ed to be

crim in al they gen erate inform ation in a n u m b er of w a y s. They m ay
be o b serv ed by w itn e sses d o in g or sa y in g so m eth in g relevan t to the
crim e; they m ay take articles from the crim e scene or leave th in gs
there that can link them to the offence; their presen ce in a p articu lar
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Inform ation
p lace m ay be recorded on a su rveillan ce sy stem ; their interaction

w ith v a rio u s electronic sy ste m s, su ch a s b an k in g facilities, creates
records that can link them to the crim e; an d their interaction with
the p h y sical en viron m ent can gen erate forensic ev id en ce su ch a s
fin gerprin ts, fibres an d D N A , w hich can b e u sed to identify them a s
the offender.
The total inform ation gen erated by the co m m issio n of a p articu lar
offence can b e th ou gh t of a s its inform ation profile an d it is this
in form ation that in v e stigato rs seek to gather. B ecau se offen d ers com m it
crim e in different w a y s an d in different ty p es o f en viron m en ts, they
gen erate different ty p e s an d v o lu m e s o f inform ation . Th is inform ation
is a lso d istrib u ted to different d e g re es a m o n g scen es, w itn esses
an d electronic sy stem s. A s a co n sequ en ce o f these differences, the
in form ation profile o f each offence is likely to b e in so m e w a y s unique.
A h o m icid e com m itted in the co u rse o f a b u rglary p ro v id e s a g o o d
ex am p le o f how an inform ation profile is gen erated d u rin g the co u rse
o f an inciden t and how it could easily be different. In this case, the
offen der com m itted a b u rg la ry in the early h o u rs o f the m o rn in g by
forcing a gro u n d-floor kitchen w in d o w an d clim b in g into the h ouse.
The victim , w ho w a s alon e in the h o u se, aw ok e an d confron ted the
offender. The offen der stab b e d the victim before fleein g th rough the
sa m e kitchen w in d o w b y w hich he had entered.
The p h y sical ev id en ce that this incident gen erated w a s the
o ffe n d e r's fin gerprin ts; so m e of these w ere in the v ictim 's b lo o d , thus
linking him to the attack. The v ictim 's b lood also sp illed on to the
o ffe n d e r's sh o es an d he carried it a w a y from the scen e w ith him . The
accou n ts gen erated b y this incident w ere that o f the victim h im self,
w h o su rv iv e d the attack for so m e w hile an d w a s able to d escrib e to
the p olice w h at h ad h a p p e n e d , an d that of a n ext-d oor n eigh b ou r
w h o h ad h eard the attack an d look ed ou t of a w in dow , from w here
he saw the offen der ru nn ing aw ay from the v ictim 's hom e. T h ese
accou n ts g a v e the p olice an accurate tim ing o f the offence, inform ation
on the type of incident they w ere d e alin g with and a d escriptio n of
the offender. The fin gerprin t an d the b lo o d on the sh oe w ere later to
link the offen der to this crim e.
The inform ation in this case aro se from the u n iqu e d y n a m ics of
that incident an d it can easily be im agin ed how sligh t ch an ges to
the circu m stan ces o f the incident co u ld h a v e ch an ged the level of
inform ation . L eav in g a sid e the o b v io u s p oin t that h ad the victim slep t
th ro u gh the b u rg la ry the h o m icid e m igh t n ever h av e occurred in the
first p lace, other ch an ge s such a s the offen der w earin g glo v e s, the
victim d y in g d u rin g the attack, the n eigh b ou r not h earin g the attack
99
or not goin g to a w indow from where he could see the offender

fleeing, w o u ld all have changed the level of inform ation that w as
available for the police to collect in this case.
This exam ple sh ow s how the circum stances in which individual
crim es are com m itted p rodu ce a unique inform ation profile,
varying by volum e, type and distribution. M easu ring the am ount of
inform ation generated by offences is im possible and investigators can
never predict for certain how m uch inform ation there is to gather and
where it is distributed. H ow ever, because so m e types of offence are
com m itted in w ay s that are very sim ilar, they generate inform ation
profiles that are typical of that offence type.
For exam ple, those w ho com m it b u rglaries of hom es tend to force
an entry through a d oor or w in dow and search room s for valuables.
T his m eans that the inform ation profile of bu rglary w ill often contain
m ark s and fibres at the poin t of entry w here physical force has been
used to gain access. Fingerprints m ay be fou nd in those areas that
have been searched and footw ear m ark s m ay be left a s offenders m ake
their w ay around the building. There are unlikely to be w itnesses
to the bu rglary itself because offenders are able to control the time
and place at which they break in, but n eighbou rs m ay have seen the
bu rglar in the area im m ediately before or after the offence and there
m ay be w itnesses w ho later see the offender with the stolen goods.
There will also generally be a list of item s stolen from the house
together with their description, and p o ssessio n of this property could
su bsequ en tly connect offenders to the crime.
N aturally there w ill be differences betw een in d ivid ual bu rglaries
because every hom e is different, not all b u rglars w ill u se the sam e
m ethod, and som e b u rglars will be m ore skilled than others at
reducing the inform ation they generate du rin g the course of the
crim e. Even so, the inform ation profiles of b u rglaries com m itted in
hom es are likely to be broadly sim ilar because of the w ay in which
such offences are com m itted. In contrast, the inform ation profile of a
fraud is m ore likely to consist of falsified docum en ts, diverted m onies
or g o o d s and the m isrepresentation of facts. There is unlikely to be a
sin gle crim e scene of the type found in b u rglaries and w itnesses are
m ore likely to be found am on g those w ho w ork with offenders or
w ho have b u sin ess dealin gs with them. Banking and other financial
inform ation is also likely to be generated. A s with b u rglaries, the
inform ation profile of frau d s will vary betw een in d iv id ual offences,
but all frau d s are likely to have a b road ly sim ilar profile.
The differences in the inform ation profiles betw een offence types
arise from the w ay in which each type of offence is characteristically
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Inform ation
com m itted. Table 4.2 sh ow s the differences betw een the inform ation
profiles of a typical burglary and a typical fraud.
The techniques of investigation (which are d iscu sse d in C hapter
5) are generally design ed to locate and gather particular types of
inform ation from particular sources. For exam ple, w here investigators
believe that the w itnesses to a crim e m ay live or w ork in a particular
location they will generally visit all prem ises in the area to identify
them. This involves u sing a technique com m only know n a s 'house
to h ouse', which is described in detail in the A CPO Practice Advice
on House to House Enquiries (2006). If, on the other hand, they believe
that the w itnesses are likely to be found am on gst those w ho w ere in
a particular place at the time of the offence, for exam ple w itnesses
to an assau lt in a bar, they w ill m ost likely question those they
know w ere present with a view to finding out w hat they saw of the
incident, but also w hat they know of others w ho were also present at
the sam e time. This technique is known a s 'sn ow b allin g' because the
investigation gathers m ore w itnesses a s it rolls along. The relationship
betw een inform ation types and the techniques investigators use to
locate and gather it m eans that the investigation of different types
of crim e u se characteristic m enus of techniques. For exam ple, the
techniques of crim e scene exam ination are u sed far m ore often in
the investigation of burglary than they are in fraud because of the
differences in the inform ation profiles of the tw o crim e types.
An u n derstan din g of the type of inform ation that is generated by
a crim inal offence, its volum e and the w ay it is distributed betw een
scenes and am on g w itnesses, together with an insight into the type
of variation that exists betw een crim es, is essential for investigators
because they m u st know w hat type of inform ation they are looking
for and where it m ight be found. If they d o not have this know ledge
they w ould find it difficult to choose the correct techniques to deploy
in any given situation.
The problem from an in v estigato r's point of view is that at the outset
of an investigation they rarely know w hat the inform ation profile of
a case is with any degree of certainty. W hen a crim e is first reported,
they m ay have very little inform ation from the person reporting it,
and m ay not even know if the beh aviour com plained of is a crime.
The action they take will be determ ined by their u nderstan din g of the
type of crim e and its typical inform ation profile. In the case of b urglary
they will generally assu m e that physical evidence m ay be found at
the scene, and will therefore arran ge for a crim e scene investigator
to attend. In the case of an assau lt they m ay w ant to gather evidence
of the injuries and any physical evidence that h as transferred from
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o
IO
Table 4.2 Comparison of information profiles between burglary and fraud
Burglary Fraud
Crime Scene Points of entry: May be difficult to identify a significant scene.

• Tool marks Where one does exist:
• Shoe marks • Latent impressions in surfaces and documents
• Fingerprints may indicate forgery/alteration of documents.
• Fibres from the offender's clothing • Fingerprints and DNA may prove the
• DNA if offenders cut themselves, spit or unauthorised presence of someone in scene.
leave other bodily fluids.
Areas searched:
• Very similar to the point of entry.
Witnesses • Unlikely to have seen the burglary but may Unlikely to have seen the fraud but may be
be located among those living and working located among those who work with offenders
nearby who may have seen offenders going or for companies and institutions doing
to or leaving the house. business with them.
• There may be eyewitnesses to offender's Offenders may confide their guilt in others.
possession of stolen articles
• Offenders may confide their guilt in someone.
The proceeds • Offenders may be found in possession of The proceeds are unlikely to be identifiable
of crime identifiable stolen items. goods.
• Offenders may be found in possession of Offenders may be found in possession of
money or goods exchanged for stolen items. money or goods derived from the fraud.
Passive data CCTV may provide im ages of offenders:
• Prior to the offence
• During the offence
• After the offence.
Financial records may provide material about

offenders profiting from the offence.
CCTV may provide images of offenders:
• Prior to the offence
• During the offence
• After the offence.
Financial records may provide material about

offenders profiting from the offence.
Financial records may provide material relating

to fraudulent transactions.
Procurement, invoicing and delivery systems

may provide material relating to fraudulent
transactions.
the offen d er to the victim , and will arran ge an exam in ation by a

forensic m ed ical exam iner. In the case o f frau d , they m ay carry out
a prelim in ary exam in ation o f the a lle g ed o ffe n d e r's financial records
to identify any incom e that co rre sp o n d s to the a lle g ed offence. The
p oin t is that all these techniques are u sed on the a ssu m p tio n that
certain ty p es o f inform ation m ay h av e been gen erated b ec a u se o f the
ty pe of crim e that is in volved . The ty pe o f inform ation gath ered a s
the resu lt o f these prelim in ary in v e stigatio n s w ill determ in e the w ay
in which the in vestigation u n fo ld s thereafter.
T h e a ttritio n o f in fo rm a tio n
There is gen erally a great deal o f attrition betw een the v o lu m e of

inform ation con tain ed in the inform ation p rofile of an offence, the
vo lu m e o f m aterial that is gath ered d u rin g an in vestigation an d , if a
su sp e c t is ch arged w ith an offence, the vo lu m e of ev id en ce p resen ted
to a court. The poin t is illu strated in F igu re 4.1.
T h is attrition occu rs for a n u m b er of reason s. Inform ation a s
d ata, p articu larly the ty pe of inform ation collected for forensic
exam in ation such a s b o d y flu ids, fibres an d im p ressio n s, is very
fragile an d m ay d e g ra d e before it can be recovered. D ata that is
recorded autom atically, su ch a s C C T V im ages, m ay b e w ip ed clean
or recorded ov er before an yon e realises its v a lu e to the in vestigation .
In form ation a s k n o w led g e can be lost d u e to the co gn itiv e p ro ce sses
d escrib ed ab o v e or m ay not com e to the attention o f in v e stig ato rs
b ecau se o f the ch oices m a d e by victim s, w itn e sses an d offen ders.
Lastly, in v e stigato rs m ay m ak e decisio n s that m ean they fail to
identify inform ation or m ay m isin terp ret it once they h av e located
it. A ll these issu e s are d isc u sse d in m ore detail in C h ap ter 8, w here
the qu estio n of how crim es com e to b e so lv e d is co n sid ered. For
the p resen t, it is su fficient to note that one o f the m ain a im s of an
Total information profile
Material gathered by the police
Evidence presented to a court
Source: ACPO (2005b)

Figure 4.1 Attrition of information
104
Inform ation
investigation is to ensure that the attrition betw een the inform ation
profile of crim e and the evidence presented to courts is a s sm all as
possible.
C o n c lu sio n
Inform ation is central to the task of crim inal investigation. The infor
m ation that is of interest to investigators is of tw o types: inform ation
a s know ledge and inform ation a s data. This distinction is an
im portant one because each of these types h as different character
istics, which m eans that the techniques u sed to locate, gather and use
them are different. Inform ation as know ledge requires investigators to
identify those w ho know som eth ing about the offence and to m an age
the transfer of that know ledge to the investigation. This requires
in vestigators to understan d som e of the cognitive p rocesses involved
in creating w hat p eople know about any event and know ing how to
com m unicate effectively to ensure that they p a ss it to the investigation
effectively. C om m unication skills are the key to su ccess here and they
form the b asis of the techniques of investigative interview ing, which
is d iscu sse d m ore fully in C hapter 5. In relation to inform ation as
data, the issu es are a great deal different. Here, the difficulties facing
in vestigators are m ainly technical ones concerned with the legality
of gaining access to prem ises w here data m ay be found or access to
data that is ow ned by others, such a s financial records. The range
of data that is of interest is also very w ide and investigators m ust
know its characteristics if they are to su ccessfully locate it, recover
it and u se it.
The am ount of inform ation generated by the offence, or its infor
m ation profile, will be a significant factor in determ ining the outcom e
of an investigation. Where offenders have, through plan ning or good
luck, generated sm all inform ation profiles, it m ay be im possible
for in vestigators to m ake p rogress in the case. In other cases the
inform ation profile w ill be large and so there is a greater chance
of identifying and gathering individual item s of inform ation. But
w hatever the size of the inform ation profile, the beh aviour after
the event of offenders, w itnesses and com m unities can significantly
affect the chances that in vestigators will locate the m aterial they
need to bring the case to a su ccessful conclusion. In vestigators can
m axim ise their chances of locating and gathering the m aterial in
the inform ation profile through the skilled u se of the techniques of
crim inal investigation, which are d iscu sse d in the next chapter.
105
The subject of inform ation a s know ledge is generally dealt with in

the psychological literature. A goo d introduction is p rovid ed in P.B.
A insw orth, Psychology, Law and Eyewitness Testimony (Chichester:
Wiley, 2001) and by A. M em on, A. Vrij and R. Bull, Psychology and
Law: Truthfulness, Accuracy and Credibility (2nd edn, Chichester: John
Wiley, 2003). A short account of the m ain issu es of inform ation as
know ledge is p rovided in T. W illiam son, 'Psychology and Crim inal
Investigation ' in T. N ew burn, T. W illiam son and A. Wright, Handbook
of Criminal Investigation (C ullom pton: Willan Publishing, 2007).
With the exception of trace m aterial, which is included in the
extensive literature on forensic science, inform ation a s data has
received a great deal less attention by researchers than inform ation as
know ledge. G ood sources for inform ation about trace m aterials are
A.R.W. Jackson and J.M . Jackson , Forensic Science (2nd edn, H arlow :
Pearson Educational, 2008), which h as good sections on individual
types of trace m aterial.
The relationship betw een types of crim e and the inform ation
profiles they give rise to h as not been explored by researchers and
this is an area that has a great deal of potential for practitioner
researchers.
106
C h apte r 5
The techniques of investigation
In tro d u c tio n
Previous chapters have exam ined how the crim inal law is u sed to
define certain types of beh aviour a s being crim inal and how, when
peop le beh ave in these w ays, they create an inform ation profile. This
chapter exam in es the techniques that are available to investigators to
locate, gather and u se the inform ation in that profile. A lthough there
is a lim ited num ber of these techniques, the range of circum stances in
which crim inal offences are com m itted and the m any w ay s in which
the v ariou s p lay ers beh ave afterw ards m ean s that these techniques
are u sed in a w ide variety of w ays. Proficiency in ap p ly in g them
across the full spectrum of situation s where they will be required is
a key skill for investigators.
To a large extent, the techniques of crim inal investigation
correspond to the types of inform ation d iscu ssed in C hapter 4. Table
5.1 sh ow s this relationship, together w ith key sub-techniques and the
types of m aterial that the techniques characteristically produce.
The basics of these practical skills can be taught, but com petence in
their u se can only really be developed by u sin g them in operational
settings. A s investigators becom e m ore experienced and p rogress to
m ore com plex investigation s they sh ou ld becom e m ore skilled in
app lyin g the techniques in m ore difficult circum stances.
107
T ab le 5.1 The techniques of crim inal in vestigation
Inform ation Technique K ey sub-

type technique
K n o w le d g e In v estigative V ictim s and

interview ing w itn esses
S u sp ects
C o m m u n ity in form an ts
C o v ert H u m an Intelligence
Sou rces (CH IS)
Su rveillan ce H u m an su rveillan ce
Technical su rveillan ce
W itness M edia a p p e a ls
ca n v assin g
H ou se-to-h ou se en qu iries
A n n iv ersary an d road checks
S n o w b allin g
Intelligence m an agem en t an d an aly sis

M aterial
W itness statem en ts, officers' notes, a u d io tap es, vid eo

tap es, an y notes the victim or w itn ess m ad e th em selves
p rior to police interview.
T aped in terview s, officers' notes, w ritten statem en ts

m ad e by the su sp ect.
O fficers' notes, intelligence reports.
Intelligence reports.
Su rveillan ce logs, officers' notes, officers' statem en ts,

p h o to g rap h ic or v id e o im ages.
P h otograp h ic or v id eo im ag e s, a u d io recordin gs.
}
C o p ie s of m ed ia p ro d u cts, record s o f calls from
the public, contact d etails for potential w itn esses.
D atab ase inform ation, intelligence reports.

D ata Search
Crime scene investigation
Forensic Science, Pathology, M edical

exam ination exam ination,
Accountancy
CCTV
Financial
Telephone data
Com puter records
Elim ination Can involve all of the above

en quiries
Found articles, officers' notes, w itness statem ents from
those involved in the search.
Found trace m aterial, photographic and video im ages,
officers' notes, w itness statem ents from those involved
in the examination.
Trace m aterial, scientists' notes, w itness statem ents
describing the process, its findings and the significance
they have for the investigation.
CCTV im ages, officers' notes, w itness statem ents from
those involved in m anaging CCTV system s and those
involved in finding and analysing im ages.
Financial transaction data (including bank and credit
card details), officers' notes, w itness statem ents from
those involved in m anaging financial records and those
involved in finding and investigating them.
Telephone billing data, cell site analysis, officers' notes,

w itness statem ents from those involved in m anaging
The techniques of investigation
the data and those involved in locating it and

investigating it.
C om puter data, officers' notes, w itness statem ents from
those involved in m aking the com puter records and
those involved in locating and investigating them.
Officers' notes, w itness statement.
K n o w le d ge
The key focus of a crim inal investigation is to acquire know ledge

abou t the offence under investigation. This can com e from a variety
o f sources:
• Those with direct know ledge of the offence: victim s, w itnesses and
offenders. In som e circum stances, in vestigators m ay acquire direct
know ledge through the u se of interview, surveillance, search or
forensic techniques.
• Those with indirect know ledge of the offence or inform ation
relevant to it: com m unity inform ants, and covert hum an intelligence
sources (CHIS).
These sources becom e known to investigators in v ariou s w ays. Som e

com e forw ard spontaneously, often w hile initial investigation s are
being carried out at scenes or as the result of techniques specifically
design ed to locate them such a s m edia ap p ea ls or house-to-
house enquiries. Som e are identified through other techniques of
investigation such a s the exam ination of CCTV im ages, financial
records or telephone analysis. L ess often, they are identified a s a
result of forensic techniques, for exam ple w hen D N A at the scene of
an assau lt is found to be from som eone w ho w as present but w as not
the offender. This section w ill deal prim arily with the tw o techniques
that are specifically associated with the location of w itnesses: m edia
a p p ea ls and house-to-house enquiries. O ther techniques w ill be dealt
with later in the chapter.
Locating witnesses
M e d ia appeals
M ost investigators view the m edia as a m ixed blessing. There is no
doub t that m edia a p p ea ls do lead to the identification of w itnesses
and the generation of useful m aterial. H ow often this h ap pen s
is unknow n, although anecdotally it is rare. M ost m edia outlets
- n ew spap ers, radio and television - are prim arily interested in
acquiring m aterial to provide interesting stories. C rim e is high on
their list of interesting stories and so they are alw ay s w illing to cover
it. This p rovides investigators with an opportun ity to publicise crim es
and ap p eal for w itnesses. Finding w itnesses will not be a reporter's
prin cipal interest. D eveloping a goo d story is their objective and so
investigators often find them selves in a position w here they m ust
T h e techniques o f investigation
p rovide inform ation about a crim e in the hope that the m edia will
include an ap p eal for w itnesses. M ost often the m edia view this a s a
fair trade-off and are h ap p y to oblige, particularly local m edia which
has an interest in m aintaining a goo d w orking relationship with
in vestigators in their area. There is no guarantee that a story will
be reported in w ay s that are favourable to the investigation. M ost
investigators sooner or later experience situation s where a crim e
is reported in a w ay that is unhelpful, sim p ly because it m akes a
better story, or it is not reported at all because it is considered too
m undane.
M ajor crim e investigation s and high-profile incidents alw ay s attract
m edia interest and investigators are u su ally able to deploy specialist
resources from their force m edia departm en t in these cases. Trained
staff are able to ad v ise on a m edia strategy that m axim ises the chance
of the crim e being reported in w ay s that su p p o rt the investigation.
This often includes strategies for keeping the story in the new s even
when interest in it is w aning. Sm aller, local in vestigation s rarely
receive this type of p rofession al su p p o rt and, depen d in g on a force's
policies, investigators are often left to form ulate and im plem ent their
ow n m edia strategy.
The first step in gaining publicity for an in d ivid ual crim e is to
ensure that the victim is w illing to have the details publicised.
Strictly sp eak ing, the police are able to publicise crim e w ithout
the consent of victim s, in w hich case they w o u ld seek to ensure
anonym ity for them, but this is only likely to happen in the case
of seriou s offences w here the public interest overrid es the w ish es of
in dividuals. In the case of less seriou s crim e, with which the vast
m ajority of investigation s are concerned, it m ak es sense to seek publicity
for those crim es only where the victim is h ap p y to co-operate. M ost
local m edia h ave a system of ringing the police in their area regularly
to be u p d ated on crim es that m ay be of interest to them and this is the
u su al w ay in which investigators bring crim es to their attention. In
u sin g the m edia, a balance h as to be struck betw een the n eed s of an
investigation and cau sin g unnecessary fear am on gst local com m unities.
There is alw ay s the dan ger that crim e stories will be sen sation alised in
w ay s that m isrepresent the real level of threat of crim e within
a com m unity, w ithout produ cin g any useful m aterial for the
investigation.
House-to-house enquiries (H to H )
H ouse-to-house enquiries is the nam e given to the techniques that
can be u sed for tw o p u rp oses:
• To identify su sp ects by establish in g who lives or w orks in a

particular location an d obtaining an account of their m ovem en ts
du rin g relevant times.
• To can v ass for w itnesses in areas relevant to the crime.
In m ost cases investigators will seek to achieve both these objectives.

The A CPO Murder Investigation M anual (2006a: 189) identifies a
third, ancillary, objective of p rovidin g reassu ran ce and advice to the
com m unity follow ing a crime.
H toH is m ost often u sed in residential locations but can be deployed
in any area w here people are associated with p rem ises, for exam ple
b u sin ess p ark s, sh op p in g centres or industrial estates. A lthough they
are often associated with hom icide or other seriou s crim e, H toH is a
technique that can be u sed in any type o f investigation. At its sim plest
H toH can involve nothing m ore than visitin g prem ises adjacent to
the crim e scene or along a route thought to have been u sed by an
offender to identify w itnesses. This is probably the m ost com m on use
of this technique. In hom icide or m ajor incident investigation s it can
be resource-intensive and can generate a large volu m e of m aterial
that m u st be p rocessed and m ay lead to a great m any su bsequ en t
enquiries.
C larity and tim ing are the key features of H toH . Investigators
need to have a clear idea of w hat inform ation they are seeking
and in com plex cases m ay develop a questionnaire to ensure that
all the inform ation they require is collected in a structured way.
In m ore straightforw ard cases they w ill sim p ly be trying to a sse ss
if the occupants saw anything of value and will in all probability
sim p ly ask that question. Tim ing can be a significant factor because
it is im portant that in vestigators know enough abou t the crim e to
decide on the best area in which to conduct enquiries and to fram e
sensible questions. For this reason investigators som etim es w ait for
m ore inform ation to becom e available before em barkin g on large-
scale H toH , although there is obviou sly a tension betw een this and
the need to gather inform ation a s quickly as possible.
O verall, H toH is a very basic investigative technique that can be
undertaken by anyone. D espite its sim plicity, it is potentially one
of the m ost fruitful in that it h as the potential to quickly identify
w itnesses w ho may, if not approached directly in this way, take som e
time to be discovered by other m eans.
Snowballing
Sn ow ballin g is a technique often u sed to identify w itn esses and sim ply
in v o lv es a sk in g those in terview ed if they know o f an yon e else w ho

m ay be a w itn ess. Like a sn o w b all gath erin g m ore sn ow a s it rolls
d o w n a hill, this technique gath ers m ore w itn e sses a s in vestigato rs
w o rk their w ay through those they alread y know of. A lth ou gh this
is an o b v io u s thing to do , it can be h igh ly effective in iden tify in g
those w h o w ere p resen t d u rin g an incident. S n ow b allin g can also
d raw on other in v e stigativ e techniques, su ch a s C C T V v iew in g an d
the a n a ly sis o f co m m u n ication s data. By iden tify in g one p erso n in an
im age, or in a sequ en ce of p h on e calls, in v e stigato rs can often u se
this sim p le technique to identify everyon e else w h o w a s present.
A nn ive rsary a p p e als a n d stop c h e c k s

M o st o f u s h ave so m e form of routine to ou r liv es an d v isit the sam e
location s on a re gu lar b a sis. The frequen cy w ith w hich w e d o so
o b v io u sly v aries d e p e n d in g on the ty pe of activity in vo lv ed . We m ay
v isit the sam e n e w sp a p e r sh o p each m orn in g, the sa m e su p erm ark e t
each w eek, the sa m e b arb er each m onth and the sa m e hotel each year.
If a crim e occu rs in virtu ally an y location, there w ill b e those w h ose
routine takes them to or n ear the scene, an d they m ay b e p oten tial
w itn esses. They m ay leave the scene w ith ou t re alisin g that so m eth in g
they sa w w a s sign ifican t, or b eliev in g that other w itn e sses w ill com e
forw ard an d their accoun t w o u ld a d d little of valu e. Th ey m ay also
w ish not to becom e in v o lv ed w ith the in vestigation . W hatever the
reason , su ch p eo p le can often b e located b y in v e stig ato rs m ak in g
en qu iries in the area at tim es w hen re g u la r v isito rs are likely to be
identified.
A n n iv ersary a p p e a ls are a w a y of d o in g this. The exact m ethod
u sed will v ary d e p e n d in g on the ven u e an d the n u m b er o f p eo p le
invo lv ed . If the ven u e is sm a ll an d there are only a few v isito rs,
then a p p ro ach in g each one an d interview in g them is a v iab le option ,
bu t a s the size of the ven u e an d the n u m b er o f p eo p le gro w s, this
b eco m es m ore difficult. In these circu m stan ces in v e stigato rs often use
police m obile offices or even officers sta n d in g with n otices d ra w in g
attention to the inciden t a s a w a y o f ca n v a ssin g for w itn esses. Th is
is o b v io u sly a less satisfacto ry m eth od a s it requ ires w itn e sses to
volunteer, bu t it is so m etim e s the only viable option. So m e ven u es,
such a s m o to rw ay s an d m ain ro ad s, m ak e it alm o st im p o ssib le to
carry ou t this ty pe of activity an d in these case n otices at the sid e of
the ca rriage w ay are u se d to a p p e a l for w itn esses.
In the in vestigation o f very se rio u s crim es, the police h av e the
p o w e r to sto p and qu estion p e d e stria n s and m o to rists to estab lish if
they are w itn esses. The p roced u re in these ca se s is the sa m e a s for
carrying out sm all-scale anniversary checks where each individual is

sp ok en to.
Investigative interviewing
Investigative interview ing is the pre-em inent technique of crim inal

investigation. W ithout effective interview ing, no other technique
is likely to be effective and m ost investigation s w ould not get
beyond the initial report. In vestigators have to u se investigative
interview ing techniques to get initial accounts from victim s and
w itnesses that enable them to identify both the type of situation they
are dealin g with and the other techniques that m ay be of value in
gathering further m aterial. Interview techniques are also valuable
in gathering m aterial throughout the investigation, particularly
w hen interview ing su sp ects, du rin g which the p rodu cts of all other
techniques are brought together. Because investigative interview ing is
a technique that can be m astered by every investigator, it is also one
that is readily deploy ed when the situation requires. There is no need
to task sp ecialists or aw ait results. Interview s can be done quickly
and cheaply and the results are instantly available. For this reason,
all investigators n eed to be proficient in in vestigative interview ing.
The m odel of in vestigative interview ing ado pted in England, Wales
and Northern Ireland w as develo ped in response to w id esp read
criticism of techniques the police u sed to interview su sp ects until
the 1990s. These were focused alm ost exclusively on obtaining a
confession, rather than on generating m aterial in general. In 1992,
the PEA C E m odel of in vestigative interview ing w as introduced.
Preparation and planning

E n gage and explain
A ccount
C losure
Evaluation
The m odel aim s at legal and ethical com pliance a s well a s m axim ising
the m aterial generated du rin g the interview. The m odel w as intended
to be ap p lied to both w itness an d su sp ect interview s, but there is
little doubt that it h as been m ore influential in the latter.
Victims an d witnesses
The law p rovides investigators with a great deal of freedom when
sp eak in g to people during the course of an investigation. A s a basic
startin g p oin t they can sp e a k to an y on e w ho is w illin g to sp ea k to them.

They can if they w ish , record w h at is sa id in w ritin g an d , alth ou gh
they cannot repeat this to a court - that w o u ld be h earsay eviden ce
- they could state to a court that the p erson had relevant inform ation
an d the court could su m m o n s the p erson to a p p e a r to giv e evidence.
The courts h av e a n um ber of coercive p o w e rs to m ak e p eop le give
evidence, alth ou gh they are very reluctant to u se them on the g ro u n d s
that evid en ce obtained b y coercion is con sid ered u n soun d.
A lth ough circu m stan ces vary en orm ou sly, the general pattern is
for in v e stigato rs to obtain an initial accoun t o f w h at victim s an d
w itn e sses know w hen they first en coun ter them , an d then follow this
u p w ith a form al interview d u rin g w hich a w ritten statem en t is taken.
The reason for this tw o-stage p ro ce ss is sim p ly that m an y victim
an d w itn e sses w ill b e at the scen e of the crim e a s the in v e stigato rs
arrive in re sp o n se to a call for assistan ce. In v estigato rs need to gain
in form ation ab o u t the n ature o f the inciden t an d the role p la y ed by
those p resen t, so they m u st a sk so m e p relim in ary q u estio n s. There
is often little op p o rtu n ity to p lan su ch en coun ters or to record the
a n sw e rs w ith any d egree of accuracy. It m ay also be that v ictim s or
w itn e sses are injured, or that the situ ation is p oten tially d a n g ero u s,
an d so in v e stigato rs' first p rio rities w ill be to p ro v id e m edical
a ssistan ce or to m ak e the situation sa fe rather than to gath er m aterial
that is u sefu l to the in vestigation . T h ese first en coun ters are therefore
inherently difficult to m a n a g e from a m aterial-gath erin g poin t of
view. It is u su ally only w hen in v e stigato rs h ave dealt with im m ediate
p ro b lem s o f injuries or safety, an d h av e en o u gh inform ation to
u n d erstan d w h at h a s occurred an d the roles p la y ed b y those p resen t,
that p u rp o se fu l interview in g an d recordin g can begin . A t this stag e
often only the salien t p o in ts of w h at victim s an d w itn e sses sa y are
recorded , w ith a view to a m ore th orough interview at a later stag e
w hen a statem en t can be ob tain ed, either w ritten or on tape.
W hen re sp o n d in g to reports o f m ajor crim es a large n u m b er of
p e o p le m ay be sp o k en to a s p oten tial w itn e sses and in d iv id u al
officers m ay not h ave su fficien t in form ation th em selves to know if
they are w itn e sses or not. In su ch c a se s they su b m it initial accou n ts to
the m ajor incident room , w hich a rra n g es to h ave w ritten statem en ts
taken if necessary.
The P E A C E m o d el is still relevan t to the takin g o f an initial account,
bu t clearly h as to be m o d ified to the situ ation in w hich in v e stigato rs
fin d th em selves. With practice in v e stigato rs d e v e lo p a m eth od for
ap p ro a c h in g such situ ation s, an d p lan n in g in this context often
in v o lv es n othing m ore than h av in g a stru ctu red w a y of ob tain in g the
in form ation from those p resen t. S o m e forces h av e experim en ted with

h an d-h eld tape recorders an d even m obile v id e o cam eras, an d these
h av e the poten tial to overcom e this prob lem entirely, alth ou gh there
is presen tly no inform ation a v ailab le on how p ractical in v estigato rs
h av e fou n d them to be.
D u rin g this initial contact, in v e stigato rs m u st also determ in e the
sta tu s o f the victim or w itn ess in relation to v a rio u s statu to ry an d
p ro ce d u ral p ro v isio n s aim ed at p ro v id in g en h an ced sa fe g u a rd s for
children, and v u ln erab le and intim idated w itn esses.
Initial accou n ts are follow ed a s so o n a s p o ssib le by the recordin g
o f the v ictim 's or w itn e ss's statem en t, w hich w ill b e either w ritten,
or in au d io or v id e o form at, accord in g to local p ractice and the legal
an d p ro ce d u ral requ irem en ts relating to the case. There are different
p ro ce d u res relating to each o f these m eth o d s o f recording. W hichever
m eth od is u se d , the p rin cipal ch allen ge facing in v e stig ato rs is to
en su re that they gath er the fu llest accoun t p o ssib le in w a y s that
m aintain the integrity o f the inform ation . A s w a s seen in C h ap ter
4, an in d iv id u a l's accoun t of w h at they sa w or h eard can b ecom e
disto rted in a n u m b er o f w a y s, an d in v e stigato rs m u st en su re, a s far
a s they are able, that they d o not in adverten tly contribute to this
problem .
W ritten statem ents

M o st w itn e ss accou n ts are recorded in w ritten statem en ts. A w ritten
statem en t is an accoun t of a w itn e ss's ev id en ce, p rep ared for u se
in court. It is not n ecessarily ev ery th in g that the w itn e ss sa id to
in vestigators. It is o b v io u s that it co u ld not be. A great d e al of the
co n versation betw een in v e stigato rs an d w itn esses is incidental to their
account. In vestigato rs w ill try to p u t w itn e sses at ease, w ill exp lain the
p ro ce ss to them an d m ay try to b u ild a rap p o rt b y d isc u ssin g issu e s
that are n ot relevan t to the in vestigation . In other w o rd s, in v e stigato rs
w ill h av e co n v ersatio n s w ith w itn e sses ab o u t a w h ole array of issu e s
that w ill not be in clu ded in the statem en t. Even w hen they are
d isc u ssin g issu e s that are central to a w itn e ss's account, there w ill be
repetition, w itn e sses m ay d ig re ss, p a s s co m m en ts that are irrelevant
or a sk the in v estigato r q u estio n s ab o u t p ro ce ss or p rocedu re. They
m ay even d isc u ss th in gs that in v e stigato rs know w ill not b e allo w ed
by the court. In v e stigato rs are forced to m ak e ch oices ab o u t how
m u ch o f this to in clu de an d so no w itn e ss statem en t taken by an
in v estigato r can be co n sid ered to reflect ev ery th in g that w a s sa id
d u rin g the interview , nor are they exp ected to. The w itn ess statem en t
is su p p o s e d to be an accurate reflection o f w h at the w itn e ss k n o w s
o f the crim e which en ab les those in vo lv ed in the in vestigation , the

defence, the p rosecu tion or trial to see w h at the w itn e ss w ill sa y if
called to giv e ev id en ce at a trial. It is op en to either the defen ce or
the p rosecu tion to call any w itn ess to g iv e oral ev id en ce an d it is
this, not the contents of their w ritten statem en t, that co n stitutes their
testim ony in the case. On m an y o ccasion s, all the p artie s to a trial
w ill agree that the statem en t is an accurate reflection o f a w itn e ss's
testim on y an d in su ch ca se s they agree not to call the w itn e ss to give
oral eviden ce, and their statem en t is u sed instead.
The d a n g er w ith w itn e ss statem en ts is that b y leav in g o u t m u ch of
w h at is sa id , it is p o ssib le to om it inform ation that co u ld be u sefu l to an
in vestigator, p ro se cu to r or defen ce solicitor. L a w y e rs a lso so m etim es
fear that a statem en t m ad e in this w a y is su b ject to m an ip u lation by
in v e stigato rs w h o m ay, k n o w in gly or not, steer w itn e sses to w ard s
p resen tin g their accou n ts in w a y s that are fav o u rab le to the case they
are b u ild in g. D esp ite these sh ortco m in gs, w ritten statem en ts rem ain
the m o st com m on w ay for w itn ess accou n ts to be recorded.
Audio a n d video recordings

A u d io an d v id e o re cord in gs are in creasin gly u se d to cap tu re w itn ess
accoun ts. There are tw o m ain re aso n s for this.
First, a recordin g can overcom e so m e of the sh o rtco m in gs of w ritten
statem en ts d isc u sse d ab ove. A n a u d io or v id e o recordin g m ak es
ev ery th in g that w a s sa id d u rin g an interview av ailab le to those w h o
need it. T h is en ab les a m ore detailed exam in ation o f the w itn e ss's
accoun t to be carried o u t an d so p ro v id e s a m u ch richer so u rce of
m aterial than is av ailab le in a w ritten statem en t. From the poin t of
view of the qu ality of m aterial p ro d u ce d , recording o f this so rt is far
p referab le to w ritten statem en ts. The m ain d raw b ack is that facilities
for carry in g ou t w itn ess in terview s at p olice statio n s are lim ited an d
so m ay not a lw a y s be readily a v ailab le w hen they are n eed ed . A u d io
an d v id e o record in gs a lso g iv e rise to a far greater vo lu m e of m aterial
that m ay need to be transcribed for court p u rp o se s. It se em s likely,
how ever, that the b en efits o f recordin g w itn e ss in terview s in this w ay
w ill m ean that these difficu lties w ill ev en tu ally b e overcom e.
Secon d, w itn ess accou n ts m ay be recorded in ord er to m in im ise
the n um ber o f tim es w itn e sses h av e to recount their eviden ce. Th is
h a p p e n s m o st often in the case o f child victim s o f ab u se. The police,
so cial w o rk ers an d m ed ical staff m ay all need inform ation ab o u t
w h at h a p p e n e d an d to redu ce the n u m b er of tim es the child h a s to
recount the ev en ts a joint interview is carried ou t and then sh ared
w ith those w h o h av e legitim ate n eed of it.
A s w ith w ritten statem en ts, if the p artie s agree, the v id e o or

extracts or tran scrip ts from it can b e u se d in court to a v o id the
w itn e ss g iv in g ev id en ce in p erson .
C o m m u n ity inform ants a n d covert h u m a n intelligence sou rces ( C H IS )

The p rin cip les o f in v estigativ e interview in g that are a p p lie d to
w itn e sses a p p ly eq u ally to com m u n ity in form an ts an d C H IS s. A
n u m b er o f legal ste p s u n d er the R egu lation o f In v estigato ry P o w ers
A ct 2000 (RIPA) are required to b e taken before a C H IS can b e task ed
w ith gath erin g in form ation on b eh alf o f in v estigato rs. N o such
co n strain ts apply, how ever, to com m u n ity in form an ts, w h o gen erally
p ro v id e m ore gen eral inform ation ab o u t crim e an d com m u n ity issu e s
in an area. In terview s w ith both these ty p es o f in form an ts need to be
a s rigo ro u s a s those w ith victim s or w itn e sses, b e c a u se alth ou gh there
m ay be an exp ectation that the m aterial they p ro v id e is unlikely to
b ecom e ev id en ce, it can b e extrem ely u sefu l to the in v estigatio n an d
so its q u ality is im portant. Furth erm ore, both com m u n ity in form an ts
an d C H IS s can in so m e circu m stan ces b ecom e w itn e sses in court an d
so it is im portan t that they h av e been treated in accordan ce w ith the
p rin cip les o f in v estigativ e interview in g from the outset.
Suspe cts
The interview in g of su sp e c ts is poten tially one of the m o st difficult
techniques in v e stigato rs h av e to carry out. S u sp e cts m ay ch oose to
exercise their right not to sp e a k to in v e stigato rs d u rin g interview ,
so m e m ay lie ab o u t their in vo lv em en t in the crim e, so m e m ay lie
ab o u t so m e a sp e c ts of it w hile b ein g truthful in others, so m e w ill
p ro v id e a frank an d hon est account, an d so m e m ay h av e only a
sketchy idea of the crim e b ecau se o f intoxication, d r u g m isu se or for
other reaso n s w hich h av e im p aired their ability to recall. Som e of those
in terview ed a s su sp e c ts w ill u n d o u b te d ly be innocent o f the crim e.
So m e w ill be articulate, so m e w ill h ave great difficulty in m ak in g
th em selves u n d ersto o d , so m e w ill be clever, others less so. Som e will
be vu ln erable to m ak in g false co n fessio n s of their involvem ent.
The key to d e alin g w ith this m a ss of p oten tial re sp o n ses from
in terview ees is to u n d erstan d that it is not the in terv iew e r's role
to arrive at the truth. Th at is the role o f the courts. Far le ss is it
an in v e stig a to r's role to obtain a co n fession , alth ou gh until the
in trod u ction o f the P E A C E m o d el that w a s the u n d ersta n d in g of
m an y in v e stigato rs, an d it is still the b a sis o f in terview in g techniques
in so m e coun tries. In the U K , the role o f the in terview er is to get a
su sp e c t's accoun t o f their in vo lv em en t in the offence in a w a y that
p rovid es the m axim um confidence from the courts that it h as been

obtained fairly and that facilitates its corroboration or refutation by
other m aterial. This actually takes a great deal of skill and requires
the investigator to have a thorough know ledge of the points that
need to be proved for the offence being investigated, the relevant
case law, and the w ay in which the m aterial gathered du rin g the
investigation im plicates the su spect. In particular, the investigator
n eed s to understan d any g a p s, anom alies or uncertainties in the
m aterial and how these m ight be explored du rin g interview.
For exam ple, in a burglary case the only evidence m ay be a
su sp ec t's fingerprint found at the scene. Enquiries with the victim
m ay have establish ed that the su sp ect is not know n to them and this
h as led to the inference that the su sp ect is the offender. There are,
of course, other potential explanations. The su sp ect m ay have had
legitim ate access to the house which the victim h as forgotten about or
w a s unaw are of. A s far a s p ossib le these w ill have been investigated
prior to the interview but it is likely that the investigator has som e
g a p s in their know ledge abou t how the su sp ec t's fingerprint cam e
to be in the house. The ob viou s w ay of filling this gap is to ask the
suspect. If there is an innocent explanation, all well and goo d, but if
the su sp ect is the offender, revealing the existence of a fingerprint too
early m ay provide the su sp ect with the opportunity to im provise an
explanation that lead s to them escap in g justice. In this situation m any
investigators w ould not reveal the presence of the fingerprint to the
su sp ect but w ould question them about their w ork and lifestyle with
a focus on w hether they go into p eo p le's houses. This w ill be follow ed
by qu estions about their acquaintances to establish if they know the
victim or anyone associated with them. Further questions m ay be put
to them about the occasions w hen they have visited that area or that
street. They will then be ask ed if they have h ad legitim ate access to
the house in question. If the answ er is 'no', they will be invited to
explain the presence of their fingerprint. If they say 'y es' they will
be asked questions to verify that fact, such a s when, w ho with and
for w hat p urp ose. If they are lying it is highly unlikely that they will
be able to su stain a series of an sw ers that are consistent across the
full range of these questions. If they are telling the truth, they will
have p rovided a rich am ount of detail that will enable investigators
to corroborate their answ ers.
Q uestioning in this m anner is not design ed to obtain a confession,
although that is still a possibility. It is design ed to obtain an account
that can be tested in w ay s that enable courts to u se it to determ ine
gu ilt or innocence.
Surveillance
Surveillance techniques are u sed to enable in vestigators to obtain

know ledge of offenders directly, rather than through w itn esses or
inform ants. They are u sed to keep observation s on locations, for
exam ple a sh op pin g area where street robberies are taking place, or
peop le such a s a su sp ected drug-dealer. They are particularly useful
in situation s w here an offence m ay take place and investigators w ant
to be on hand to observe it them selves and m ake an arrest, and in
situation s w here it is unlikely that there w ill be other w itnesses w ho
w ill com e forw ard.
Surveillance techniques can be divided into two basic types: hum an
surveillance, which seeks to p u t investigators into p ositions where they
can directly w itness the actions of offenders, and technical surveillance,
where devices such a s cam eras or m icrophones are placed in locations
where they w ill record the actions or speech of offenders.
H um an surveillance can be further divided into static, where
officers use an observation p ost to carry out surveillance of a
location associated with an offender or an offence, and mobile, where
investigators follow offenders with the intention of recording their
m ovem ents, contacts and behaviour. Static surveillance can be carried
out by any investigator. The level of expertise required to remain
undetected d epen d s on the level of crim inal experience of the offender
and the circum stances in which the surveillance is being carried
out. For exam ple, it is com m on for investigators to keep high-crime
locations under surveillance with the object of identifying offenders.
Such an operation m ay involve little m ore than observing the area
from a nearby buildin g and alerting other officers to stop su sp iciou s
people and vehicles. Finding observation p o sts overlooking the area
and occupying them in w ay s that w ill not alert offenders is likely to be
relatively easy and the observations them selves to be straightforw ard.
Such operations are very com m on and present few difficulties. On the
other hand, keeping the hom e of a drug-dealer under observation in
this w ay is likely to be a great deal harder because residential areas
generally present few er suitable observation p osts and the offender
m ay be sufficiently cautious to avoid com m itting incrim inating acts in
sigh t of them or to check them out before doin g so. The operational
difficulty of carrying out a static observation in this type of case will
usu ally call for experienced and well-trained investigators.
M obile surveillance is inherently difficult and those w ho carry it
out have received specialist training in the relevant techniques. This is
to avoid situation s w here offenders continually identify that they are
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su bject o f su rveillan ce an d , over tim e, d e v e lo p coun ter-su rveillance

techniques o f their ow n. M obile su rveillan ce u su ally calls for a large
team of train ed in v e stigato rs w h o h av e sp ecialist eq u ip m en t that
en ab les them to k eep in com m u n ication w ith each other.
Technical su rveillan ce in vo lv es p lacin g listen in g or v iew in g
d ev ices in location s w h ere they are likely to cap tu re u sefu l m aterial.
C C T V cam eras d e p lo y e d in p u b lic an d p riv ate sp a c e s are a form
o f su rveillan ce of this type b u t it is u su ally u sed overtly in such
situ ation s. The essen ce o f technical su rveillan ce in the se n se u sed
here is that it is covert. S p ecialist technicians are requ ired to install
an d m aintain the eq u ip m en t an d so in v e stigato rs w ish in g to u se this
type of su rveillan ce h ave to liaise w ith sp ec ia list u nits in o rd er to
d e p lo y this technique.
C overt' su rveillan ce en croaches on A rticle 8 o f the H u m an
R igh ts A ct 1998, w hich d e a ls w ith the right to resp ect for p riv ate
an d fam ily life. A s a co n sequ en ce, b oth h u m an an d technical
su rveillan ce are regu lated by RIPA, which p ro v id e s a legal b a sis
for this en croachm en t p ro v id e d it is au th o rised . There are v a rio u s
levels of au th orisatio n d e p e n d in g on the severity o f the en croach
m ent. In all in stan ces, in v e stigato rs m u st m ak e ou t a w ritten case
for carry in g ou t the su rveillan ce a g a in st p articu lar in d iv id u a ls or
locations.
The first ch allen ge faced by in v e stig ato rs carry in g o u t su rveillan ce
is to rem ain covert an d the techniques by w hich this is ach iev ed are
the subject o f v a rio u s training co u rses. The secon d is to en su re the
credibility of the m aterial that is gathered. T h is is less o f a prob lem
w here technical su rveillan ce is u se d b ec a u se the p ro d u ct can be
recorded for u se in court, alth o u gh the circu m stan ces in w hich d evices
are u sed so m etim e s m ean s that the q u ality o f the p ro d u ct is low.
W here hu m an su rveillan ce is u se d , in v e stigato rs w ill m aintain lo gs
o f w h at they h av e o b serv ed an d , w here these o b serv atio n s are u sed
in evid en ce, they w ill giv e direct testim o n y o f w h at they h av e seen.
Clearly, this leav e s them op en to ch allen ge that they h ave either not
seen the even ts they report or that they h ave m isin terp reted them.
To im prove the credibility o f the ev id en ce, in v e stigato rs often try to
en su re that there is m ore than one p erso n in vo lv ed in the ob serv ation
or that it is recorded on cam era or video.
N o t all the m aterial gath ered by su rveillan ce is u sed a s eviden ce.
H ow ever, it m ay be u sefu l to the in vestigation in m an y other w a y s by
iden tifyin g a sso cia te s o f su sp e c ts, their m o vem en ts, futu re intentions,
location s they frequent, the vehicles they u se an d so on. B ecau se of
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its value in doin g this, it is often thought of sim p ly a s an intelligence

technique, but this is a m istake. Like all the other techniques of
crim inal investigation, surveillance is prim arily concerned with
gatherin g m aterial, much of which can be u sed a s evidence if the
correct procedu res are follow ed.
Intelligence m anagem ent
In m ost cases, investigators will w ant to identify any intelligence

that h as already been collected that m ay be relevant to their enquiry.
T his involves accessin g intelligence d atab ase s m an aged by the police
and partner agen cies such a s SO C A , Interpol, the Royal M ilitary
Police or foreign police agencies. Intelligence from these sources will
have been subject to data-processing rules that are design ed to test
its veracity and reliability and investigators can therefore use it to
increase their know ledge of a crim e, a type of offending, a location
or an individual.
Intelligence databases
The follow ing is a sam ple of the intelligence d atab ase s that
investigators routinely have access to:
• Force intelligence systems, which vary from force to force bu t all

hold details which are subm itted in a stan dard w ay u sin g w hat is
know n a s a 5x5x5 in form ation /in telligence form . This form enables
a stan dard assessm en t to be m ade of the source, the intelligence
and the w ay in which it sh ould be handled. Each of these is
given a score out of five, hence the nam e. They are also linked to
other data sy stem s in the force and partner agencies, such as the
crim e recording system , and so they can often p rovide statistical
data.
• Police National Computer (PNC), which holds details of convicted
people, details of stolen vehicles and som e vehicle and driver
inform ation.
• Open source information, which forces often su bscribe to such
a s voter records and credit-rating agencies, which can provide
inform ation abou t w here p eople live and with whom .
Intelligence m an agem en t requires investigators to identify the w ay

in which intelligence d atab ase s can contribute to their investi
gation and then either to access it directly them selves or task an
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intelligence specialist to acquire the inform ation. The form at in which

intelligence is m ad e available to in vestigators d ep en d s to a large
extent on the system from which it is acquired and ran ges from a
com puter print-out to an an aly st's report. A nalytical reports are the
result of taskin g an analyst with a specific question. The analyst will
then access v ariou s sources of inform ation and intelligence to p rovide
a report tailored to the investigators' needs.
The know ledge p rovided by intelligence h as a w ide ran ge of
u ses within an investigation and it is im po ssib le to describe them
all. H ow ever, here are tw o exam ples of the types of w ay s in which
in vestigators can use intelligence.
Example 1. D uring the investigation of an assau lt on a housin g estate

a w itness describes the offender and sa y s that they do not know his
identity but have seen him in the area regularly and that he driv es a
red car. They think his first n am e m ay be Johnny. The force intelligence
system is u sed to identify a John Smith w ho lives two streets aw ay
from the scene w ho h as p reviou s convictions for violence and fits
the description of the offender. A check with the PN C sh o w s that he
ow ns a red car. N one of this h as any value a s evidence again st John
Sm ith but it p rovid es investigators with the opportun ity of carrying
out further enquiries to establish if he w as the offender.
Example 2. D uring the investigation of an allegation that John Smith

raped his estranged girlfriend, a search of the crim e recording system
sh ow s that he h as been the subject of tw o p reviou s allegations of
rape. Both p reviou s victim s were ex-girlfriends of Sm ith and the
sam e m ethod w as u sed. On each occasion, Smith adm itted having
sex with the w om en but claim ed that it w as consensual. In both of
these p reviou s cases, the C PS w ere unable to prosecute Sm ith because
of a lack of corroborating evidence. This intelligence can influence
the interview strategy and m ay even lead to the re-interview of the
p reviou s victim s with a view to gathering m ore m aterial about the
crim es com m itted again st them. U nder certain circum stances it m ay
even be used a s evidence of Sm ith's b ad character.
Covert techniques
It is not uncom m on to hear the term 'covert techniques' u sed as

a collective description for the techniques of surveillance, C H IS
m anagem ent, undercover deploym en ts, w itness protection and
intelligence m anagem ent. The ran ge of techniques described in
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this w ay varies from force to force. There is som e logic in lum ping
these techniques together in this w ay as they all require a degree of
confidentiality and sensitivity in how they are tasked and im plem ented
and in how the m aterial gathered by their use is m an aged . The use
of so m e of these techniques also requires application s to be m ade
under RIPA legislation.
The u se of these covert techniques w as once the p reserve of specialist
units targeting organ ised crim inals and the procedu res for m an agin g
them tended to centre on these sq u a d s. A lthough the know ledge,
skills and u n d erstan din g required to ap p ly each of the techniques
w as different, com m on to them all w as that they w ere deployed
covertly and this led to them being described under that heading.
But the know ledge, skills and und erstan din g n eeded to ap p ly each
of the techniques differs so greatly that each h as to be considered as
an independent technique in its ow n right. For exam ple, the practice
required to recruit and m an age a C H IS h as little in com m on with
that required to keep a su sp ect under surveillance. Both require
practitioners to know how to d eploy them covertly, bu t individually
the techniques involve com pletely different sets of know ledge, skills
and u nderstan din g. Furtherm ore, som e, such a s C H IS m anagem ent,
actually have m ore in com m on with other techniques such as
in vestigative interview ing. Bundling these very different practices
under the h eadin g of 'covert techniques' risks su gge stin g a degree
of com m onality that in reality d o es not exist. A s a consequence,
the approach taken in this book is to deal with them separately, or,
a s in the case of C H IS m anagem ent, under the technique to which
they are m ost closely associated. U ndercover techniques and w itness
protection are advan ced techniques that are beyond the scope of this
book and so are not dealt with here.
R eaders w orking within police forces will find that som e have
specialist p o sts to ensure that covert techniques are m an aged with
rigour. The post holders provide valuab le sources of advice on how
they can be used in in d iv id ual cases.
D a ta
In C h apter 4, data w as categorised as trace m aterial, artefacts and

electronic data. All the techniques show n in Table 5.1 above could be
u sed in relation to alm ost anything falling within these categories.
For exam ple, a w eapon is an artefact that m ay be found du rin g the
search of a crim e scene, but it is then likely that it w ill be subject
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to a num ber of techniques to identify trace m aterial that enables

it to be linked to an offender. Sim ilarly, a phone is an artefact that
contains electronic data and so m ay be subject to search and forensic
techniques.
A particular type of data is p assiv e data. This is a term u sed to
describe the product of autom atic data-gath ering sy stem s such as
m any CCTV and financial system s. A lthough it u su ally falls within
the category of electronic data, it is treated separately here because
such sy stem s are generally not ow ned by the police and so there
are a num ber of legal and technical issu es involved in gathering
and u sin g it that d o not ap p ly to electronic data gathered by the
police them selves, for exam ple in the form of covert listening
devices.
Artefacts an d trace m aterial
A s noted in C hapter 4, artefacts can be alm ost anything of a tangible

nature, including stolen property, clothing, w eapon s or item s u sed in
the com m ission of a crime. Trace m aterial is any type of organic or
physical m aterial that results from the contact betw een tw o things
(L ocard 's exchange principle). The search for artefacts and trace
m aterial is a key p art of m ost crim inal investigation s and involves
tw o related techniques, search and crim e scene m anagem ent.
Search
The technique associated with artefacts is that of search. It is a very

com m only u sed technique and, like H toH , is extrem ely easy to deploy
by investigators. In the context of a crim inal investigation, a search
has been defined as: 'the application and m an agem en t of system atic
p rocedu res and app rop riate detection equipm en t to locate specified
targets' (A CPO 2005: 14).
Searches can be carried out by in d iv id ual officers ap p ly in g com m on
sense to the search of crim e scenes or a su sp ec t's hom e or vehicle. For
largescale or com plex searches, investigators have access to specially
trained search officers, know n a s Police Search A d v iso rs (PolSA) and
can call on trained d o g s, u nderw ater search units, air su p p o rt and
an array of technical equipm en t design ed to locate specific types of
artefacts.
There are legal constraints on searching private prem ises. Generally,
investigators require either the o w n er's perm ission to carry out such
a searche or a search w arrant gran ted by a m agistrate that gives
them the legal p ow er to search even if the ow ner d o es not agree to
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it. There is no legal barrier to searching public places. There are also
a num ber of restrictions on the type of m aterial that in vestigators can
search for, as in the case of legally privileged m aterial a s defined by
Section 10 of PACE.
The degree of difficulty of searching is determ ined by the location
being searched, the nature and size of the item being searched for,
the effort, if any, that h as gone into concealing it and the am ount
of inform ation in vestigators have about its location. If, follow ing an
assau lt, the offender d ro p s a w eapon at the scene w ithout m aking
any effort to conceal it, the first investigator to arrive is likely to
find it du rin g a routine search of the area. If, on the other hand, it is
thrown into an unspecified p art of a reservoir, divers will be required
to carry out the search and the size and nature of the area involved
m eans it will be difficult to locate the w eapon w ithout m ore specific
inform ation.
Crim e scene m anagem ent
The exam ination of crim e scenes can provide in vestigators with a

ran ge of p ossibilities for furthering an investigation, and these fall
into tw o categories:
• Interpretation of the circum stances in which the offence h as

occurred, which w ill assist in determ ining the possib le type and
location of m aterial in the inform ation profile.
• The recovery of m aterial that assists in the above interpretation or
that can be u sed to im plicate a suspect.
A s a consequence of its portrayal in the n ew s and entertainm ent

m edia, crim e scene investigation is often associated with the specialist
techniques u sed to recover trace m aterial from the scene of a crime.
Even within the police service, crim e scene investigation is often
held to be sy n on y m ou s with the w ork of crim e scene investigators
(CSI) w ho are specialist in these techniques. While their w ork in the
identification and recovery of m aterial that m ay be invisible to the
naked eye or is easily destroyed or contam inated is invaluable, m uch
of w hat n eed s to be done in relation to crim e scene exam ination can
be done by any com petent investigator.
The first decision in vestigators are likely to have to m ake in relation
to any location is whether or not it is a crim e scene. The term 'crim e
scene' is used to describe any location in which a significant activity
relating to a crim e takes place. It is not confined to the location where
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the crim e took p lace. A crim e scen e could b e any o f the follow in g
(A C P O 2006A : 134):
• P laces u sed to plan the crim e;

• P laces w here en coun ters betw een a victim an d offen der took
place;
• P laces w here the offen der attacked a victim ;
• P laces w here the offen der d etain ed a victim ;
• Vehicles or other form s o f co n vey an ce u sed in the crim e;
• B ody d e p o sitio n site, in the case o f h om icide;
• W eapons;
• W eapon d e p o sitio n sites;
• P laces u sed to clean or d isca rd m aterial u sed in or ob tain ed d u rin g
the offence;
• R outes to an d from any scen e(s);
• P eop le w h o h av e com e into contact w ith a su sp e c t or a scene,
in clu d in g w itn esses, victim s, su sp e c ts and their h om es, w o rk p laces
an d vehicles.
H a v in g confirm ed that a location, p erso n , vehicle or article is a crim e

scene, the key d ecision to be m ad e is o f its p oten tial to p ro d u ce
m aterial. Th is w ill determ in e the ty pe o f exam in ation that w ill be
required. T h is is a w id e r qu estion than sim p ly d e cid in g that it m ay
reveal trace m aterial. The interpretation of a scen e w ill in clu de
a sse ssin g how the victim and offender, togeth er with any w itn esses,
go t to an d from the scen e an d the n atu re o f the activity that took
p lace there. The a sse ssm e n t w ill a lso in clu de fin din g any C C T V or
other p a ssiv e d ata that m ay h av e recorded the scen e and the ro u tes to
or from it, or tran saction s or activity that occurred there, for ex am p le
the w ith d raw al of cash from an ATM . T h is is also likely to indicate
w here w itn e sses m ay be fo u n d a m o n g p re m ise s o v erlo o k in g these
sites or p eo p le w h o routinely u se them .
Som e ch aracteristics o f the offen der m ay a lso be inferred from an
exam in ation o f a crim e scene, for exam p le the u se o f a distinctive
m ethod to break into p rem ises.
A v isu a l search o f the scen e m ay a lso reveal things left by an
offender. In the case of a sp o n tan e o u s fight in a p u b , an offen der m ay
leave a beer g la ss or a bottle to join the fight. A n exam in ation of the
scene m ay locate them so that they can be an aly se d for fin gerprin ts
an d D N A .
Iden tifying crim e scen es and a sse ssin g w h at they reveal ab ou t
the offence an d their poten tial to reveal trace m aterial are u su ally
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essential before a crim e scene investigator is tasked with exam ining

the scene. C rim e scene investigators have been trained in a ran ge of
techniques that enable them to preserve scenes that are vulnerable to
contam ination or decay and to locate and recover trace m aterial. In
so m e cases, such as b u rglary in a h ouse, their use m ay be m ore or
less autom atic because the investigation of such crim es is u su ally a
priority and they generally provide the types of scene that can yield
useful trace m aterial. Sim ilarly, in m ajor crim e enquiries such as
hom icide and seriou s w oun ding, C SIs are likely to be routinely used
because of the se riou sn ess of the offence. In m ost other cases, however,
it is the responsibility of the investigator to a sse ss the potential of
the scene to yield trace m aterial and then task a CSI to carry out an
exam ination. Where trace m aterial is located it is generally subject to
a forensic investigation, which is d iscu sse d in detail below.
Passive data m anagem ent
P assive data is the term u sed to describe the w ide ran ge of data
collected by sy stem s d esign ed prim arily for p u rp o ses other than
crim inal investigation, but which under certain circum stances m ay be
of value to an investigation. Such sy stem s include those that collect
financial inform ation, retail transactions, telephone data, internet
traffic, security surveillance sy stem s, G PS navigation sy stem s, clocking
in and out sy stem s, health records and many, m any more. The type
of data collected varies widely, as do the technical sy stem s by which
it is captured and stored. In m any cases there are legal restrictions on
how the data can be used by those w ho collect it, on the degree of
access that in vestigators have to it and w hat they can u se it for.
Collecting and retaining this type of data can be expen sive for its
ow ners and they m ay only keep it for a relatively short period of time.
The first task for investigators is therefore to quickly identify if there
is any p assiv e data that m ay a ssist the investigation and to secure
it before it is lost. This is particularly im portant in the case of som e
CCTV sy stem s which retain data for only 24 hours before recording
over it. The second task is to identify the legal restrictions on its
u se and the types of authority that are required to gain access to it.
The data and the sy stem s that contain it w ill generally be privately
ow ned and so at the very least the police require consensual access
to it or a pow er to seize it a s evidence. In m any cases, the data w ill
be subject to further legal protection, above and beyond that given
to all private property that the police m ay w ant to seize a s potential
evidence. This is particularly so in the case of com m unications data
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which is covered by the p rovision s of RIPA (see C hapter 3). The third
issu e that investigators are likely to face is the technical question of
how to recover the data in a form that d o es not corrupt it in any w ay
and enables it to be an aly sed, stored and presented a s evidence if
required. The fourth task is to analyse the data. T his m ay or m ay not
be difficult depen d in g on the volu m e and type of an aly sis required.
It is, therefore, im portant that the person carrying out the an alysis
h as a go o d know ledge of the type of data, how it w as generated
and stored by the original owner, w hat it m eans and how it can be
integrated with other inform ation gathered du rin g the investigation.
Because of the w ide variety of types of p assiv e data, the technical
skills required to collect and analyse it are equally varied. In som e
cases this requires specialist training, such a s that available for
financial in vestigators and those analysin g com puter data. H ow ever,
often investigators m u st im provise m ethods once they have located
the p assiv e data and satisfied any legal requirem ents about its use.
This generally involves finding som eone with the necessary technical
skills and w orkin g out a solution with them.
The m ain u se to which p assiv e data is put is u ndoubtedly
establish in g identities from CCTV im ages. This can connect a su sp ect
to an incident or put them in the vicinity at a relevant time. Im ages
are also often u sed to locate potential w itnesses to incidents. Other
u ses of p assiv e data include verification of w itness accounts and
su sp ects' alibis. This can be done in a variety of w ays, such as, by
tim ing purch ases from sh op s, w ithdraw als from cash m achines or
telephone calls. The use of data of this type is considered routine by
in vestigators and they quickly acquire the know ledge and skills they
need to u se it in this way. Sources of p assiv e data include:
• CCTV surveillance systems in public places, business and private

premises. It h as been estim ated that there are som e five m illion
CCTV sy stem s in the U K and that the average Londoner will have
their im age captured by CCTV about 300 tim es a day. Given that
a great deal of crim e is spon tan eous, this level of coverage m eans
that m any crim es are captured on CCTV and it is an extrem ely
valuable source of m aterial for investigations.
• Financial data. In vestigators have alw ay s m ad e use of financial
records in the investigation of crim e, but this w as traditionally at
the m ore com plex end of the spectrum , involving cases of fraud,
m oney-laundering and so on. The shift from p ap er records of
transactions to digital records together with new m easu res under
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the Proceeds of C rim e Act 2002 design ed to deny crim inals the
proceeds of their crim es, h as m ad e u sin g financial data a great
deal easier. In addition to enabling in vestigators to know what
m oney has p asse d through so m eo n e's accounts, financial data
also facilities identification of their associates, by tracking who
the su sp ect h as received paym en ts from and m ad e them to. Their
presence in particular locations at certain tim es can be establish ed
by the use of credit and debit cards, a s w ell as w ith d raw als they
m ake from ATM s. Their ow nership of hom es, vehicles, boats
and other facilities can be establish ed from the paym en ts they
m ake in relation to them. U nless som eone lead s an entirely cash-
b ased life (and som e still do) it is virtually im possible to do
anything w ithout leavin g a financial footprint that investigators
can use.
• Telecom data. This data includes inform ation abou t the time, duration
and origin or destination of calls to or from a particular telephone
(u su ally know n as 'billing inform ation') as w ell as an aly sis of
the location of a particular m obile phone w ithin the netw ork
o f transm itters used by the telephone com pany (usually known
a s 'cell site an alysis'). This m ean s that if so m eo n e's telephone
num ber is know n, then w ho they phone, when and from where
can generally be establish ed. A lternatively, if a crim e occurs in a
particular location, use of cell site an aly sis can often identify who
m ay have been nearby at the time.
Other sources of p assiv e d ata are loyalty cards, m em bersh ip cards

and lists, security entry sy stem s, vehicle diagn ostic system s, GPS
n avigation system s, p erson al com puters, clocking on and flexi-time
records, and many, m any more.
The an aly sis of p assiv e data often requires specialist training and
equipm ent. Som e of this is available within the service - m ost forces
have the necessary equipm en t and personnel to exam ine CCTV
m aterial - bu t so m e requires the application of forensic techniques
that cannot be p rovided by a force. In these cases, specialist services
are generally bought in from indepen den t com pan ies, a s with forensic
im age an aly sis and forensic telecom m unications analysis.
Forensic investigation
The term 'forensic' m eans relating to courts or to the law. In

relation to crim inal investigation, it w as originally ap p lied to the
techniques of biological or physical science that w ere used during
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a crim inal investigation or in the interpretation of evidence. These

becam e collectively know n a s 'forensic science'. The term is now
used to describe a w ider range of techniques and p rocesses that
provide equally valuable services to crim inal investigation and can
logically be thought of a s being 'forensic'. One difficulty is setting
a bou n d ary around them. A lm ost any academ ic discipline or
p rofession al technique can be described a s being forensic if it is u sed
du rin g the course of a crim inal investigation or to interpret evidence
du rin g a trial. O f m ost interest to investigators are those disciplin es
and techniques that have been specifically develo ped to be app lied
to the problem of crim inal investigation or the interpretation of
evidence, rather than those that can becom e incidentally involved
on rare occasions. Even u sin g this lim ited definition, the num ber of
disciplin es is large and includes forensic m edical exam ination, forensic
accountancy, forensic psychology, forensic pathology, forensic im age
an aly sis, forensic archaeology, forensic podiatry, forensic psychiatry,
forensic telecom m unications, and m any more. The Council for the
R egistration of Forensic Practitioners (CRFP) lists 26 subject areas
and m an y of these have significant sub-specialities.
The C oun cil for the R eg istratio n o f Forensic Practitioners

(CRFP)
The CRFP w as establish ed in 1999 to prom ote public confidence

in forensic practice. This follow ed a num ber of m iscarriages
of justice arisin g from poor forensic evidence. The CRFP w as
sp on sored by the H om e Office but intends to becom e a self
funding organisation. It m aintains a register of practitioners in
26 areas of specialisation, m an y of which have a num ber of su b
specialisations. Practitioners pay a fee to be on the register and
m u st p rovide evidence that they m eet the stan d ard s for their
specialisation before being registered. R egistration is voluntary
and so not all forensic practitioners are registered with the
CRFP.
Forensic disciplin es vary in relation to the scientific, technological

or procedural know ledge and p rocesses that u nderpin them and the
w ay in w hich they can be ap p lied in in d iv id ual cases. H ow ever, all
have the sam e objective: to locate, gather and interpret m aterial for
an investigation. The ability of forensic disciplin es to locate m aterial
differs and som e are m ore u sefu l than others in this respect. Forensic
science, for exam ple, h as a ran ge of techniques that can be app lied
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to a crim e scene to locate m aterial that w ould not otherw ise be

found; forensic p ath ology and forensic m edical exam ination have
the sam e potential with hum an bod ies. O ther disciplin es are m ore
interpretive; forensic p odiatry interprets the w ay su sp ects w alk and
relates that to im ages of an offender to determ ine if they are the
sam e person. In doin g this, the discipline is entirely interpretive of
m aterial that h as already been located and gathered. Therefore, the
degree to which forensic disciplin es can assist at any particular point
of an investigation varies. D espite this variation, they all present
investigators with essentially the sam e problem :
• K now ing which discipline can contribute to an investigation.

• Form ulating a specific task that can be accom plish ed by the
particular discipline.
• Interpreting the findings and integrating them into the know ledge
with the other m aterial gathered.
• Q uality controlling p rocesses that are ou tside the in vestigator's
know ledge.
Because forensic disciplin es have tended to develop independently of

each other, there is no single approach to any of these problem s. The
follow ing presen ts a su m m ary of the m ain issu es.
Know ing which discipline can contribute to an investigation

In vestigators need to identify the opportun ities to u se forensic
investigation in any particular case but they also need know ledge
of which techniques are available and w hat they can contribute.
The traditional approach h as been to try and provide investigators
with som e know ledge about all the disciplin es they m ay require. A s
the num ber of disciplin es and the techniques they use grow s, this
becom es increasingly difficult and w hile investigators will naturally
get to know the ones they use often, they m ay have less insight
into less well-known disciplin es or new techniques. Because forensic
disciplin es have develo ped independently of each other and are linked
to different academ ic disciplin es and areas of practice within a force,
there is no sin gle source of inform ation available to investigators. In
relation to forensic science, forces usu ally em ploy scientific services
m an agers (SSM ) to co-ordinate the force's relationship with forensic
science p rovid ers and they are able to ad v ise on the services available.
C rim e scene investigators receive training in the forensic techniques
relevant to their role and are in frequent contact with forensic services
and so they p rovide another useful point of contact. In relation to
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other forensic disciplin es inform ation is less readily available and

so investigators rely on inform al contacts in areas of practice which
m ay have know ledge of relevant forensic disciplin es, for exam ple,
fraud sq u a d s for forensic accountants, intelligence units for forensic
telecom s an aly sis, and so on.
Irrespective of the forensic discipline, the objective is likely to centre
on locating m aterial, and gathering it or interpreting it. This m ay
give rise to new m aterial, it m ay identify new lines of enquiry, or it
m ay help investigators to better understan d w hat h as occurred or the
modus operandi used. Very often the objective w ill be to determ ine if
a particu lar su sp ect is connected with the offence. This is m ost often
through com parison s with D N A or fingerprints associated with the
offence, but can also include a ran ge of other com parison s such as
footw ear, docum en ts, fibres and im ages. D N A and fingerprints are
particularly u sefu l because sam p les recovered du rin g an investigation
can be com pared to the N ational D N A D atab ase or to ID ENT1, which
can match them to known in dividuals.
The N atio n al D N A D atab ase
The N ational D N A D atabase w as established in 1995. Until 2001,

profiles were only stored for those convicted of an offence but
since then the profiles of all those arrested for an offence have
been stored. The d atab ase now holds over 3.5 m illion D N A
profiles which the governm ent believes represents the m ajority
of the known active offender p opulation (w w w .hom eoffice.gov.
uk).
A sam p le recovered by a crim e scene investigator from a scene
or otherw ise associated with an offence can be searched again st
this d atab ase to identify a match. When a match is found, it is
identified to the relevant investigators a s a probability of the
sam ple originating from the n am ed in dividual. Where no m atch
is found, investigators can request that the sam p le rem ains on
the d atab ase to be com pared w ith D N A profiles of those new ly
convicted or arrested.
ID E N T 1
IDENT1 is a d atab ase holding the fingerprint records of those

convicted of an offence. Fingerprints found at the scene of a
crim e can be com pared to these records to identify su sp ects and,
133
a s with the N ational D N A D atabase, w here no match is found

the prints can rem ain on the system to be com pared with new
addition s. The d atab ase h old s over 7 million fingerprint records
and m atches an average of 6,500 fingerprints to peop le every
month.
Formulating a specific task

H avin g identified that a particular forensic discipline m ay be able to
contribute som eth ing to an investigation, investigators m u st form ulate
a m eaningful task that it can carry out. The TV cliché of 'd oin g a full
forensic exam ination' on a scene is sim p ly not an option. W ithout
a clear u nderstan din g of w hat is alread y know n about an offence
and the objective that an in vestigator is seeking to achieve, a forensic
practitioner w ould end up ap p ly in g ran dom techniques in the hope
that one of them turned up som ething useful. This is not only time-
consum in g and expen sive, it risk s sw am p in g the investigation with
irrelevant m aterial. W hat is required by all forensic disciplin es is a
clear objective and an u n d erstan din g of how it is to be achieved.
This requires a dialogu e betw een the investigators and the forensic
practitioner, thus enabling the latter to ap p ly their specialist know ledge
to the problem and identify the m ost app rop riate techniques to achieve
the objective. It is not necessary that the investigator u n d erstan d s the
technique, so long a s they set a clear objective and know w hat type
of result can be expected.
A typical objective m ay be to find out if a particular gu n fired a
bullet recovered from a scene. The investigator m ay have very little
know ledge about the techniques u sed to determ ine this, but m ay
sim p ly know that this is the type of question that forensic ballistics
can answer. They will know that the answ er will be yes or no and
that it will be su p p orted by p h otograp h s of a test fired bullet and
the recovered one, together with a statem ent from a ballistics expert
com parin g the m arks m ad e on them by the gun.
Interpreting an d integrating findings

In the above exam ple, interpreting the findings of the exam ination is
not difficult. There are w ell-established practices that are not difficult
to u nderstand and result in a clear-cut answer. Even where results
are m ore com plex than in this exam ple, one of the skills of forensic
practitioners sh ou ld be explain in g their fin din gs in w ay s that are
easily u nderstood. A key skill for investigators is integrating these
fin din gs into the investigation. H ow valuab le it is to know that
the gun fired the bullet will depen d on a great m any other factors,
134
particularly whether in vestigators know w hose finger w as on the

trigger at the time.
A sim ilar problem is often encountered in forensic telephone
an aly sis, which m ay show that phone A ran g phone B at a relevant
time, but know ing w h ose h an ds they w ere in can be an entirely
different problem . So m eeting the objective of the exam ination m ay
be u sefu l but m ay not p rogress a case very m uch by itself. D oing
this w ill often require the inform ation to be integrated with other
m aterial, such a s intelligence from a C H IS abou t w hose finger w as
on the trigger, m aterial from CCTV that p u ts them at the scene, and
fingerprints on cartridge cases recovered from the scene that connect
them to the incident. It is the job of the investigator to integrate all
this m aterial into w hat is already know n about the crim e in order to
m ake sense of it.
The sam e m aterial m ay also be subject to an aly sis by several
forensic practitioners. W here this h ap pen s, investigators m u st integrate
the v ariou s app roach es taken. In a fraud enquiry, a docum ent m ay
require a forensic accountant to be task ed with exam in in g w hat it say s
about how a financial transaction w as carried out, a forensic scientist
m ay be tasked with identifying whether it is genuine in relation to
p ap er and ink type together with the printer or pen u sed , another
forensic scientist m ay be tasked with establish ing if a su sp ec t's D N A
is on the docum ent, and a fingerprint expert m ay be tasked with
establish in g w h ose fingerprints it bears. All these forensic experts
will p rovide inform ation to the in vestigator and be able to interpret
w hat their fin din gs m ean from the point of view of their discipline.
It is the in v estigato r's role to synthesise the w hole of this inform ation
into w hat is already know n of the investigation. They m u st therefore
understan d the m eaning that each of the disciplin es attributes to their
ow n fin din gs and how this can be related to the fin din gs of the other
disciplin es, and w hat is already known.
Quality control
The quality control of forensic p rocesses is difficult for in d ivid ual
investigators, w ho do not generally p o sse ss the scientific or technical
know ledge required to check if the correct procedu res have been
follow ed by forensic practitioners or to validate the conclusions they
have reached. There h ave been som e notable failures by forensic
practitioners. In the investigation of the m u rder of D am ilola Taylor
in London in 2000, for exam ple, forensic scientists failed to detect his
blood on sh oes and a sw eatshirt belon ging to a suspect. It w as only
du rin g a reinvestigation of the case that further tests w ere carried out,
135
which uncovered the m aterial that had been m issed . In vestigators are
alm ost entirely reliant on the quality assuran ce p rocesses of those
involved but they can at least satisfy them selves that those p rocesses
exist and are being applied.
Forensic disciplines
A s noted above, forensic disciplin es are an open-ended category, but

listed below are the ones that investigators will com e across m ost
often.
Forensic science
The underlying rationale of forensic science w as explain ed by the
French forensic scientist Edm ond Locard in w hat h as becom e known
a s Lo card's exchange principle. This h old s that w here there is contact
betw een tw o item s, there will be an exchange of m aterial. Forensic
science is the application of science and technology to identify,
recover and interpret this m aterial. The m aterial m ay be biological
or physical in origin. Biological m aterial can include b od ily fluids
(blood, urine, sem en, saliva), hair and cells. Physical m aterial includes
gla ss, fibres, pain ts and im pression s left on m aterial such a s w riting,
footw ear m arks, tool m ark s and fingerprints. A lthough it is relatively
straightforw ard to describe forensic science in this way, the reality is
that it com prises a w ide spectrum of sp ecialisation s, know ledge and
techniques, all of which can be u sed singly or in com bination.
A pp ly in g these techniques requires specialist training and
equipm en t and is carried out by forensic scientists and technicians,
m ost of w hom specialise in a particular sub-discipline. In dividual
police forces em ploy som e forensic scientists, but it is m ore com m on
to buy in forensic science services from a private com pan y when they
are required. This is usu ally done under a contract with one of the
large forensic science providers, and these services are m an aged by
a force's scientific services m an ager (SSM ). Fingerprint exam ination
is u su ally an exception to this arrangem ent. Because it p red ates the
developm ent of m any of the forensic science techniques now in use,
it is generally m an aged within each police force and fingerprints are
sh ared on the IDENT1 d atab ase (see above).
Forensic scientists d o not routinely turn out to crim e scenes and
because m ost w ork for private agen cies they are not im m ediately
available to consult. A s noted above, S SM s and crim e scene investigators
are the m ost readily available sources of inform ation about forensic
science issu es for investigators. They are often supplem en ted by a
136
co n sultan cy service m a d e a v ailab le by the forensic science p ro v id e r

u sed by a force an d at a n ation al level by forensic science ad v ice
av ailab le from the S p ecialist O p eratio n s C entre of the N P IA .
Forensic m edical exam ination

Forensic m edical ex am in ers (FM E), so m etim es a lso know n a s police
su rg e o n s, are do cto rs or n u rses w h o sp ec ia lise in the exam in ation
o f v ictim s or su sp e c ts to gath er m aterial. T h is m ay in volve the
interpretation o f injuries, the takin g o f sa m p le s such a s urine, sa liv a ,
b lo o d or h air for a n a ly sis, or the recovery of trace m aterial. F M E s also
offer m ed ical care, w hich is p articu larly u sefu l in the exam in ation of
victim s o f se x u al assa u lt. FM E s can p lay a th erapeutic role at the
sa m e tim e a s gath erin g m aterial an d interpretin g injuries. T h is a v o id s
the need for victim s to u n d ergo se p a ra te exam in ation s.
M ost FM E s are self-em ploy ed an d p ro v id e gen eral services to a
p articu lar BC U . Th ey w ill turn ou t to scen es of su d d e n d e ath s to
p ron ou n ce life extinct, take sa m p le s o f b lood or urin e from d riv ers
su sp e c te d o f b ein g intoxicated, a d v ise on the m ed ical cond ition of
those taken into cu stody, an d exam in e victim s an d su sp e c ts o f m inor
a ssa u lts. Som e FM E s sp ec ia lise in the exam in ation o f child victim s
or the victim s of se x u a l assa u lt. W here a force h a s a se x u al a ssa u lts
referral centre, su ch a s the St M a ry 's C entre in M an ch ester or the
H aven in the M etropolitan Police area, a p an el of sp ec ia list FM Es
w ill gen erally be e m p lo y e d to p ro v id e services at the centre.
Forensic pathology
Forensic p ath o lo g y is u sed in the in vestigation o f su sp ic io u s deaths.
Its p rin cip al focu s is the b o d y of the victim an d sa m p le s taken from
it, alth ou gh p ath o lo g ists can also often a ssist in exam in in g an d
interpretin g the scene o f a death. They can locate, gath er an d an aly se
m aterial that h elps to interpret w h at occurred at a scene, the tim e an d
cau se o f a v ictim 's d eath an d the ty pe o f w e a p o n u sed in an attack.
Forensic p ath o lo g ists can also collect trace m aterial from b o d ie s that
is sen t for exam in ation by forensic scientists.
Forensic p ath o lo g ists are q u alified p ath o lo g ists w h o h ave
u n d ertak en ad d itio n al m edico-legal training an d are registered with
the H om e O ffice, hence the often-heard term H om e O ffice p ath ologist.
Each p olice force h as a contract w ith a n u m b er o f H om e O ffice
p ath o lo g ists, w h o are u su ally in a sin gle p ractice w hich en ab les them
to p ro v id e round-the-clock cover an d to p eer review each o th e r's
w ork.
137
Forensic psychology
Forensic p sych ology ap p lies the theories and p rocesses of the
discipline of p sy ch ology to crim inal investigation. A t one time this
w as largely confined to offender profiling, where the characteristics
of the offender are inferred from the m aterial gathered du rin g
an investigation. W hile this is still an im portant part of forensic
psychology, practitioners are now know n a s beh avioural investigative
ad v iso rs, a title that em p h asises the w ider range of services they now
offer to investigators, which include:
• O ffender profiling
• G eographical an aly sis, which infers the relationship betw een an
offender an d the geograph ic asp ects of a crime
• A d visin g on m edia statem ents
• Inform ing interview strategies
• D evelopin g linkage criteria in serial cases
• A sse ssin g the veracity of w itness and su sp ect accounts.
Forensic im age analysis

Forensic im age an aly sis p rovid es in vestigators with a ran ge of
services relating to im ages recovered from CCTV sy stem s, cam eras,
m obile phones, com pu ters or other sources. FIA services include:
• Enhancing poor-quality or d am aged im ages to m ake their content

clearer.
• C om p arin g im ages to identify features that are of interest, u su ally
m atching su sp ects to im ages of offenders.
• C onverting scene ph otograp h y to 3D digital m odels, which enables
events to be reconstructed and accounts com pared.
Som e forces have the facilities to carry out routine w ork of this sort
them selves, but m ore com plex w ork is generally done by ou tside
specialists.
Forensic telecom s exam ination

Forensic telecom s exam ination is concerned with the retrieval of
telecom s data from com m unications sy stem s such as m obile and w ired
telephone netw orks, telephones, faxes and p ag ers, its exam ination and
its interpretation. This inform ation can be u sed to identify w hen calls
were m ade, the equipm ent em ployed and its location at the tim e of
the call. This can be extrem ely u sefu l in an alysin g crim inal netw orks
138
or identifying where in d iv id u als were at significant tim es and who

they w ere com m unicating with.
E lim in atio n enquiries
Elim ination enquiries enable in vestigators to m ake p rogress in

those cases where other techniques have not identified a suspect.
They d o this by identifying gro u p s of p eople w ho share a com m on
characteristic, which m ay also be sh ared by the offender. E xam ples
m ight be all the m ales in a bar at the time of an assau lt, all a victim 's
relatives, and all those with p reviou s convictions for a particular
type of offending in an area. In dividu als in the gro u p are traced
and system atically elim inated from the group by u sin g a com m on
criterion. Those w ho cannot be elim inated in this w ay can then be
the subject of m ore focused enquiries to see if they are su sp ects for
the crime. Elim ination enquiries are often referred to a s TIE enquiries,
particularly w hen u sed in m ajor crim e investigations.
Elim ination enquiries have been included here at the end of
the list of techniques of investigation because they generally use
som e asp ects of all other techniques. They are not used in every
investigation. W here the identity of the su sp ect is know n from the
outset or is quickly discovered by the application of one of the
techniques d iscu ssed above, it is unlikely that the investigation will
need to u se elim ination enquiries. In volu m e crim e enquiries of the
type carried out by PIP Level 1 investigators, it is highly unlikely
that the resources required to carry out elim ination enquiries will be
available. It is therefore m ainly u sed by PIP Level 2 and 3 investigators
in those cases w here no im m ediate su sp ect h as been identified.
TIE
This term com es from the H O LM ES system u sed in m ajor

investigations. It denotes the instruction given to investigatin g
officers to 'trace, interview and elim inate' a particular subject.
There is som e variation in the term inology u sed to describe this
technique; som e investigators prefer the term tra ce /im p lic ate /
elim inate. Irrespective of the term inology, the technique is u sed
in the sam e w ay nationally.
139
TIE categories
A TIE category is a group of people, sharing a com m on characteristic,

that is likely to include the offender. The com m on characteristic of the
gro u p will depen d on the unique circum stances of the crim e being
investigated. Typically they include:
• Those with access to the scene at the tim e of the offence.

• T hose living in, or associated with, a certain geographical area.
• Those associated with the victim.
• Those with p reviou s convictions for sim ilar offences (usually
know n a s M O su spects).
• Those with physical characteristics sim ilar to the offender.
• T hose with access to certain types of vehicle.
The m ore investigators know about a crim e, the greater the chance of
constructing an accurate TIE category.
PopulatingTIE categories
It is im portant that the popu lation falling within each category is
accurately identified. This is easier in so m e cases than in others. Where
in vestigators have access to accurate records, such as m em bership
lists or em ployee records, it is u su ally fairly easy to identify those
w ho sh ou ld be included in the group. W here such inform ation is not
available it m ay be difficult to identify those in som e gro u p s. The
follow ing are useful w a y s of p op u latin g TIE categories:
• O fficial records, such as m em bership lists, payrolls, electoral

registers
• Police intelligence d atab ases
• M edia ap p eals
• Snow balling (the technique of interview ing know n m em bers of a
TIE category to identify other m em bers of the group).
The police generally call those within a particular group T IE

subjects'.
Setting priorities for TIE subjects

The num ber of TIE subjects in a category can be very large. Therefore
investigators w ill start enquiries with those w ho are m ost likely to
be the offender. They prioritise by ap p ly in g a n um ber of filters, such
as:
140
• Proxim ity to the scene.

• Date of last conviction of M O su spects.
• A ge (or where the age of the offender is not know n, those w ho fall
within the m ost likely age range of offenders for that category of
crime).
• Sex (or where the sex of the offender is not know n, those w ho are
of the sex m ost likely to have com m itted the crime).
Setting suspect param eters

Su spect param eters are the know n characteristics of the offender
that can be used to im plicate or elim inate those in a TIE category,
including:
• Sex
• A ge
• Physical characteristics
• Fingerprints
• Forensic characteristics such a s D N A , fibres, footm arks
• O w nership of a particular m ake or colour of vehicle
• O w nership of particu lar clothing.
The value of these characteristics differs in the elim ination of TIE

subjects from the group. A fingerprint or D N A sam p le is likely to
elim inate all those other than the offender, w h ereas know ing only the
sex of the offender is of less value.
Setting time param eters

K now ing the tim es within which a crim e w as com m itted enables
p aram eters to be set that are useful in elim inating p eople from a TIE
category, sim ply by sh ow in g that the subject w as elsew here when
the crim e w as com m itted. A s with su sp ect p aram eters, it is often
difficult for investigators to know exactly w hen a crim e occurred, and
therefore time p aram eters are generally set betw een the earliest time
and the latest tim e at which the crim e could have been com m itted.
It is obviou sly desirable that the tim e p aram eters are set a s narrow ly
a s possible, a s this w ill enable a greater num ber of peop le to be
elim inated.
C hoosing elimination criteria
It is im portant that a consistent criterion is u sed to elim inate TIE

subjects from the category. The H O LM ES datab ase, which is u sed in
141
m ajor incident and hom icide investigation, u ses a six-point scale to

do this:
1 Forensic elim ination, e.g. D N A , footw ear, fingerprint

2 D escription (suspect param eters)
3 Independent w itness (alibi)
4 A ssociate or relative (alibi)
5 S p o u se or com m on law relationship (alibi)
6 N ot elim inated.
A lthough H O LM ES is unlikely to be used in m ost investigations, this

scale p rovides a u sefu l fram ew ork for setting elim ination criteria that
h as been tried and tested in m any th ou san ds of m ajor investigations.
The list is hierarchical, with 1 being the m ost certain type of elim ination
and 5 being the least certain. In vestigators m u st decide which level
of elim ination they w ill ap p ly in each case. This w ill depen d on the
m aterial available to them, the unique circum stances of the offence
and the characteristics of the TIE category. For exam ple, forensic
m aterial is not alw ay s available and there m ay be no description of
the offender, in which case in vestigators will have little option but
to use alibi a s a criteria; that is, the subject can show that they were
elsew here du rin g the time p aram eters and so not available to com m it
the offence. In these cases, an indepen den t w itness w ho can verify a
TIE subject's alibi is considered to be m ore reliable than an associate,
w ho is considered to be m ore reliable than a sp ou se. These are, of
course, general rules that need to be app lied intelligently in each
case.
An im portant principle of TIE enquiries is that elim ination is alw ay s
p rovision al and sh ou ld be rigorously tested again st the m aterial to
hand and to any new m aterial that later becom es available. It is
goo d practice to regard TIE subjects a s being elim inated from the
TIE category, not a s being elim inated a s the offender. For exam ple,
som eone w ho h as been elim inated again st criterion 5, an alibi
su p p orted by a sp ou se, can alw ay s be re-exam ined if new m aterial
com es to light that allow s a forensic elim ination criteria to be set.
Conducting TIE enquiries
W hen carrying out TIE enquiries investigators keep in m in d that TIE

subjects m ay also be w itnesses, particularly if they were present at
the scene, or if they are in a group w ho m ay know the victim or
offender. Each subject of the TIE category is interview ed u sing the
142
PEA CE m odel of investigative interview ing to gather the inform ation

that enables the criteria to be applied. Where the elim ination criterion
is an alibi, investigators m ust thoroughly check this with those w ho
can verify it. Where the criteria are b ased on forensic m aterial or
fingerprints, these sh ou ld be obtained and tested.
W here forensic evidence or other com pelling m aterial links a
TIE subject to the offence, or if their alibi is sh ow n to be false, it
is likely that they w ill be treated as a suspect. There are, however,
circum stances when it is im possible to verify an alibi, for exam ple
if som eone say s they were at hom e alone w atching TV. In such
cases, the subject is unlikely to be considered a su sp ect until further
enquiries have been carried out to gather m aterial that m ay im plicate
or elim inate them from the investigation.
W orked exam ple o f a TIE strategy
An investigation into the section 18 assau lt of a m an in a

busy town-centre bar has failed to identify the su sp ect and the
investigator decides to u se a TIE strategy.
The su sp ect param eters are b ased on w itness accounts and
are set as:
W hite m ale, 20 to 30 years, 5'10" to 6 '2 " tall, short dark
hair, w earing a gold earring in his left ear. These details are
an am algam of the descriptions given by several w itnesses.
N o clothing is included because som e w itnesses were unsure
of w hat the offender w as w earing. The time p aram eters are
betw een 22:15 hrs and 22:30 hrs. A gain, these are b ase d on the
accounts of several w itnesses.
The TIE category is all m ales in the bar at the tim e of the
offence.
Populating the TIE category is clearly difficult because it is
not know n w ho w as in the bar or even how m an y p eople were
there. The investigator ad o p ts a sn ow balling technique starting
with the w itnesses who are already known. By this m ethod 20
p eople are identified and four fit the su sp ect param eters. Three
of these w ere with others w ho provide credible alibis, to the
effect that although they were in the bar at the time they were
not involved in the assault. The fourth states that he did not
visit the bar that evening and w as alone at hom e at the time of
the assault. This generates further enquiries to test the sighting
of him in the bar at the time of the assau lt and w hether he can
be identified as the offender. (A CPO 2005b: 96)
143
C r im in a l Investigation
C o n clu sio n
The techniques of criminal investigation are varied in terms of the

know ledge, skills and understanding that investigators need in order
to use them. M any can be applied directly by investigators them selves
whie others require specialist skills or equipm ent. The basic level of
skill and know ledge required is not necessarily high, and in relation
to PIP Level 1 at least, can be acquired by all investigators. What
is more difficult is know ing what techniques to apply in any given
situation, being skilled in adapting them to the unique circum stances
of the case and being competent in using the material generated. In
order to do this, investigators m ust have a clear understanding of
what can be achieved by each technique, when it is appropriate to use
it, the legal provisions relating to its use, the resource requirements
to use it effectively and the outcom es that are likely to be achieved.
Given the w ide range of circum stances in which crim es occur
and the varied behaviour of those involved, it is im possible to teach
how techniques can be used in every case. This is why investigators
traditionally value experience so highly. Experience m eans that they
have the opportunity of applying the techniques in a variety of
situations, learning what difficulties m ay be encountered and how
they can be overcome. Experience also better equips investigators to
add ress novel situations because they will be able to draw on their
know ledge of previous applications of a technique and adap t it to
the present situation.
In theory, the more experience they have, the better they will be at
doing this. But experience is expensive and tim e-consum ing to gain
and it is im possible for investigators to encounter every variation
of criminal behaviour, so even the m ost experienced will have gap s
in their knowledge. For this reason investigative practice seeks to
identify the underlying principles of criminal investigation that can
be taught, to give investigators a better understanding of how the
techniques of investigation can be applied. Investigative practice is
not a short cut to experience, but it does provide a solid foundation
on which investigators can build.
F urther reading
Som e techniques of criminal investigation have been well docum ented

in the academ ic literature, but the available material is patchy and
many techniques have not been the subject of practitioner-focused
144
research. Practitioners sh ould also be aw are that m aterial produced

for practitioners in one jurisdiction m ay not be applicable to their
own. For exam ple, so m e of the techniques in the U S literature on
in vestigative interview ing focus on p ersu ad in g p eople to adm it their
guilt, which w ould not be considered good practice in the U K for
reason s already outlined in this book.
There is no specific literature on the techniques of w itness
can vassin g, but A. Fiest, The Effective Use of the Media in Serious Crime
Investigations. Policing and R educing C rim e Unit Paper 120 (London:
H om e Office, 1999) exam ines som e of the issu es involved in u sing
the m edia.
Investigative interview ing is an area that h as received a lot
of attention from psy ch o logists, and a s a consequence there is
an accessible literature on it. R. M ilne and R. Bull, Investigative
Interviewing: Psychology and Practice (Chichester: John Wiley, 1999) is
w ritten by tw o academ ics w ho have been highly influential in the
developm ent in police interview ing techniques in England and Wales
and describes the underlying rationale for them. T. W illiam son (ed.),
Investigative Interviewing: Rights, Research, Regulation (C ullom pton:
Willan Publishing, 2005) p rovides an overview of the contem porary
issu es in investigative interview ing with contributions from
practitioners as well a s academ ics.
There is no publically available m aterial for practitioners on the
ran ge of surveillance techniques currently u sed by police forces in
England and Wales. D. C lark, 'C overt Surveillance and Inform er
H an d lin g', in T. N ew burn, T. W illiam son and A. W right (eds),
2007) p rovides an accessible introduction to policy, practice and law
in this area. The social science literature treats surveillance in its
w ider governm ental and social context and so p rovides practitioners
with a w ider view of the issu es involved. S. H ier and J. Greenberg,
The Surveillance Studies Reader (M aidenhead: O pen U niversity Press,
2007) p rovides a good introduction to this literature. In the field of
intelligence m an agem en t, C. H arfield and K. H arfield, Intelligence,
Community and Partnership (O xford: O xford U niversity Press, 2008) is
written by practitioners and p rovid es a gu id e to the use of intelligence
across a w ide range of policing functions. J. Ratcliffe, Intelligence-led
Policing (C ullom pton: Willan Publishing, 2008) su rvey s the origin and
developm ent of the concept of intelligence-led policin g from both UK
and U S perspectives.
There is no publically available literature on search techniques for
investigators. C rim e scene investigation is, however, better served.
145
I. Pepper, Crime Scene Investigation: Methods and Procedures

(M aidenhead: O pen U niversity Press, 2004) is aim ed prim arily at
student crim e scene in vestigators but p rovides investigators with a
goo d introduction to the subject.
P assive data m an agem en t techniques have not been well
docum ented, although the social science and legal literature on
surveillance in general noted above is often relevant in relation to
the w ider use of such m aterial and the issu es this gives rise to. A n
issu e of the journal of Homicide and Major Incident Investigation (Vol.
3, Issu e 2, A utum n 2007), contains p ap ers w ritten by practitioners on
the use of m any of the techniques involved in u sing p assiv e data for
crim inal investigation.
The literature on the m any forensic disciplin es that m ay be u sed
during a crim inal investigation is large, but is alm ost exclusively
aim ed at practitioners and stu den ts within each field. Surprisin gly
little h as been written for investigators about how these techniques
are integrated into a crim inal investigation. This possib ly reflects the
w ide ran ge of disciplin es involved and the absence of a com m on
m ethodology. Introductions to som e of the forensic disciplin es
m entioned in this chapter can be found in the follow ing.
For forensic science, A.R.W. Jackson and J.M. Jackson , Forensic
Science (2nd edn, H arlow : Pearson Educational, 2008), For forensic
pathology, T. C ook and A. Tattersall, Blackstone's Senior Investigating
Officers Handbook (Oxford: O xford U niversity Press, 2008). C h apter 12
covers the role of forensic p ath ology in the investigation of hom icide.
For forensic psychology, L. A lison, The Forensic Psychologist's Case Book
(C ullom pton: Willan Publishing, 2005) h as contributions from m any
w ho have been instrum ental in integrating p sy ch o logy into crim inal
investigation, and p rovides insigh ts into the m any areas where this
h as occurred. G. D avies, C. Hollin and R. Bull, Forensic Psychology
(Chichester: John Wiley, 2008) exam in es current psychological insights
across crim e, its investigation, the trial process and sentencing.
N o literature h as been found that can be recom m ended to
in vestigators for forensic m edical exam ination, forensic im age an alysis
or forensic telecom s exam inations.
N o te
1 C o vert in v e stig atio n s are 'in v estig atio n s of w hich the su sp e c t is a ssu m e d
to be u n aw are an d w hich in frin ges u p o n the p riv ate life o f the su sp e c t'
(H arfield an d H arfield 2005: 2).
146
C h apte r 6
The investigation process and

investigative decision-making
In tro d u c tio n
C rim inal investigation is an inform ation-processing activity that

relies heavily on the decision-m aking abilities of investigators. Where
investigation s rem ain undetected or m iscarriages of justice occur, it is
often through flaw ed decision-m aking (see, for exam ple, the Byford
Report 1982, the M acpherson Report 1999, the Shipm an Inquiry
Third Report 2003, and Nicol et al. 2004). Failures of decision-m aking
are not confined to m ajor investigation s or difficult cases. A stu dy
carried out in 1992 for the Royal C om m ission on C rim inal Justice
found that the m ost com m on type of error in crim e investigation
in general w as that of decision-m aking (Irvine and D unningham
1993: 37). In vestigators are increasingly required to docum ent their
decision-m aking, for exam ple, in decision logs and on application s to
the surveillance com m issioners under the R egulation of Investigatory
Procedures A ct 2000. While this m ak es it easier to hold investigators
to account for w hat they do, there h as been little research aim ed at
helping them to m ake better decision s (Barrett 2005: 47). This chapter
exam ines the type of decision s that investigators have to m ake, the
in vestigative process w ithin w hich those decision s are m ad e and
then som e of the key factors that are relevant to decision-m aking in
crim inal investigation.
147
T h e investigation process
The reactive an d proactive m odels
It is often said that there are tw o app roach es to crim inal investigation:
the reactive approach, which focuses on the investigation of individual
crim es reported to the police, and the proactive approach, which
focu ses on investigatin g those w ho are su sp ected of com m itting crim es.
The distinction betw een these two types of investigation lies both in
the starting point and in the techniques u sed to gather the m aterial.
Reactive investigation s typically start with the report or discovery of
a crime. Thereafter, the investigation focuses on identifying m aterial
from crim e scenes, victim s, w itnesses and other sources to identify
su sp ects and gather sufficient evidence to bring them to justice.
Proactive investigation s typically start with the identification through
intelligence an alysis of those w ho investigators believe are com m itting
offences. These are u su ally offences associated with organised crim e
such a s drug-dealin g, people-trafficking and m oney-laundering, but
can include other types of crim e, particularly where in vestigators are
focusing on persistent or seriou s offenders. These investigation s focus
on gathering evidence to connect su sp ects to the crim inal activity,
u su ally through covert techniques such a s surveillance.
From the in v estigato r's point of view, the distinction betw een reactive
and proactive investigation can be sm all. M any of the techniques are
sim ilar, and once a su sp ect has been arrested the techniques u sed are
exactly the sam e. There is also no difference in term s of the types of
decision s that need to be m ad e and the w ay that m aterial is handled.
A s a consequence, the tw o app roach es have m uch m ore in com m on
than they have differences. Som e types of in vestigative units within
police forces m ay m ake the strategic decision to rely m ore on one or
other of these approach es, but this is essentially a strategic decision
that follow s from the type of crim e they are m ost often investigating.
There is very little difference betw een the two app roach es when it
com es to the investigation p rocess or the decision s that need m aking
within that process.
The A C P O m odel
D espite the fact that all crim es are to som e degree unique and require
the techniques of investigation to be app lied in a w ide variety of
situation s, m ost go through a series of stan dard stages. These stages
are show n in the m odel of the investigation p rocess u sed in A C P O 's
Core Investigative Doctrine, show n in Figure 6.1.
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The investigation process and investigative decision-making
Figure 6.1 The stages of crim inal investigations
The phases in the model tend to be sequential. The only exception

occurs when a suspect is arrested straight away and so investigators
may have to carry out the instigation or initial response while
undertaking some elements of suspect management. Even where
this does happen, investigators will generally try to complete the
instigation and the initial response phases first because the material
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they gather du rin g those tw o p h ase s will inevitably inform the

su sp ect m an agem en t phase.
Instigation
The instigation p h ase of a crim inal investigation is the point when
the police becom e aw are that an offence m ay have been com m itted
and their obligation s under the C rim inal Procedure and Investigations
Act 1996 (CPIA) begin.
M ost reactive crim inal investigation s are instigated when m em bers
of the public report to the police that a crim e h as been com m itted.
In the overw helm ing m ajority of cases these calls are received at a
police call centre where a m em ber of police staff takes the initial
details. Other form s of reporting are to patrolling officers or to force
w ebsites. The police receive m any th ou san ds of calls each day, all of
which require action of one sort or another. N ot all of these are about
crim es and m ost police forces operate a system of call grad in g aim ed
at identifying the m ost urgent calls to enable them to be dealt with
first. In som e cases, forces m ay deal with reports of m inor crim e over
the phone and not send an officer to the scene at all. In these cases
the police seek to gain en ough inform ation to create a crim e report
over the phone and further in vestigative action w ill only be taken if
m ore inform ation com es to light later. In all other cases the police
tend to allocate the report to an officer w ho attend the scene.
A nother m eans of instigation is a report of crim e to the police
by another agency that h as been investigatin g an incident. A w ide
ran ge of agen cies other than the police carry out investigation s for
civil and crim inal p u rp o ses and these cases are som etim es referred
to the police for further investigation. This typically occurs where
the investigation of a civil m atter uncovers crim inal conduct that is
ou tside the remit of the original agency, or in the case of social services
or m edical profession als where routine w ork uncovers evidence of
crim inal activity. In general, there are w ell-established m echanism s
for the transfer of cases from other agen cies to the police; these lead
to the allocation of the case to an investigator w ho w ill liaise with a
representative of the original agency.
Proactive investigation s are instigated by the identification of a
person or group a s being involved in crim inal behaviour. This is
generally done by an aly sis of crim e intelligence. Each BCU and those
in vestigative units with a rem it to target particu lar types of crim e
regularly hold Tasking and C o-ordinating G roup m eetings where
the p rogress of on going investigation s is m onitored and new trends
identified within their area of responsibility. W here they believe
ISO
T h e investigation p rocess and investigative decision-m aking
they have identified a person or group that m ay be the subject of a

future operation they w ill instigate a crim inal investigation. At this
stage, this is often aim ed at collating w hat is alread y know n about
the person or group , together with prelim inary activities such as
surveillance or financial investigation, in order to develop a 'target
profile'. This en ables a decision to be m ad e as to w hether or not to
deploy further resources to the investigation and the type of activity
that w ill be required.
One problem for investigators is that the instigation of a crim inal
investigation generally takes place w ithin a call centre or a tasking
and co-ordinating group m eeting, and they are not involved in the
process. There is a dan ger that m aterial that is of potential value
to the investigation is lost. A C PO Core Investigative Doctrine ad v ises
in vestigators to p ay particular attention to u n d erstan din g how such
m aterial is created du rin g the instigation p h ase of investigation s and
how it can be recovered.
The initial response

The initial response to a report of crim e generally involves sen d in g
an investigator, usu ally a uniform ed patrol officer, to the scene of
the crim e or to the person reporting it with the intention of securing
evidence and conducting initial enquiries. In m any cases, the response
will be to a crim e that h as ju st occurred, which m ay involve public
disorder or traum atised victim s and w itnesses. The first officer on
the scene will need to attend to these issu es before they can start an
investigation.
In vestigators generally seek to locate m aterial from three sources
du rin g the initial response: the scene, victim s and w itnesses. The
scene of the crim e, together with the routes offenders took to and
from it, m ay contain physical m aterial or be covered by CCTV
cam eras or other autom atic recording sy stem s which could p rovide
useful m aterial. Identifying scenes is therefore usu ally a priority for
the initial investigator, and where there is a d an ger that m aterial
could be lost, for exam ple if the scene is ou tside or is being u sed by
peop le w ho m ay inadvertently d am age m aterial, they w ill take action
to secure the scene and preserve the m aterial.
Those m aking the initial response m ay search the scene them selves
or call in specialist crim e scene investigators (CSI), w ho are trained
to search for trace m aterial. They will also carry out initial interview s
with victim s and w itn esses and arrest su sp ects w here their identities
are known and if they can be traced im m ediately. The m ain thrust
of the initial response is on en suring that everything is done to
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iden tify and gath er the av ailab le m aterial before it is lost, thus
m ak in g it av ailab le for later p h a se s in the p rocess. The key d ecisio n
m ak in g in vo lv ed is interpretin g the in form ation that in v e stigato rs
are p resen ted w ith an d selectin g the m o st a p p ro p ria te technique to
gath er m ore m aterial. In so d o in g , those in vo lv ed w ill b e a p p ly in g
the 'go ld en h o u r' prin ciple an d u sin g 'fa st track actions'.
The ‘golden h o u r’ a n d ‘fast track action’

A s w a s seen in C h ap ter 4, the inform ation p rofile of a crim e co n sists
o f the total m aterial gen erated b y its co m m issio n . T h is m aterial is
u su ally m o st ab u n d an t d u rin g the p erio d im m ed iately follow in g the
co m m issio n o f the crim e. Trace m aterial m ay not h ave been d istu rb e d
or deteriorated , w itn e sses m ay still be n earb y an d their recollections
o f ev en ts w ill be fresh. C C T V sy ste m s often only retain im a g e s for a
sh ort tim e bu t these are likely to be still availab le. S u sp e cts m ay still
be in the im m ed iate vicinity, an d it m ay b e p o ssib le to identify an d
arrest them . A s tim e p a s se s, it is likely that these so u rces o f m aterial
w ill b ecom e m ore difficult to locate; in the case o f trace m aterial it
m ay deteriorate altogether. W hile, it is rare for in v e stigato rs to be
at the scene o f a crim e d u rin g the p erio d im m ed iately follow in g
its co m m issio n , the 'go ld en h o u r' d e scrib es a prin ciple w h ereby
in v e stigato rs seek to en su re that a s so o n a s they b ecom e aw are of a
crim e, effective action is taken so that the m aterial that is a v ailab le is
identified an d secu red . T h is is not sim p ly a m atter of sp e e d ; it is also
im po rtan t that the correct action is taken. The A C P O Core Investigative
Doctrine n otes that the first o p p o rtu n ity to gath er m aterial m ay be
the last; so it is im portan t that g o o d d e cisio n s are taken d u rin g the
early sta g e s of an in vestigation to en su re that all p oten tial so u rces of
m aterial are exp lored p ro p erly before b ein g lost or contam inated .
The term 'fa st track action' is closely linked to the gold en h o u r and
d e scrib es 'A n y in v e stigativ e action s w hich, if p u rsu e d im m ed iately
are likely to establish im portan t facts, p reserv e ev id en ce or lead to
the early resolution o f the in v estigatio n ' (A C P O M urder Investigation
M anual 2006a: 41). F ast track action s w ill m o st often be taken d u rin g
the initial re sp o n se p h a se a s in v e stigato rs react to the m aterial that
b ecom es av ailab le to them , but op p o rtu n ities for fa st track action s can
occur at any sta g e of the in vestigation . They are p articu larly u sefu l
when in v e stigato rs are re sp o n d in g to incid en ts that are still o n go in g
or h av e only recently h ap p e n e d . M aterial in the form o f w itn esses,
trace m aterial an d articles asso cia ted w ith the crim e m ay b e readily
a v ailab le at the scen es o f these incid en ts if in v e stigato rs take p ro m p t
action to gath er them.
The golden hour and fast track actions are im portant elem ents
in the crim inal investigation process. Su ccess is often dependen t on
in vestigators recognising opportun ities to secure m aterial and taking
decisive action to ensure that it is done effectively. It w ould not be an
overstatem ent to say that in the m ajority of cases, the final outcom e of
an investigation is determ ined by the action taken du rin g the initial
response by the first officer to get to the scene. If they m ake soun d
decision s and act on them, the am ount of m aterial that is secured at
the point where it is m ost readily available and in its m ost pristine
form w ill be m axim ised. If they do not, it is highly unlikely that
those w ho carry out investigative activity later in the process can
com pensate for these lost opportunities.
Investigative evaluation
At the end of the initial investigation an evaluation has to be carried
out to a sse ss the m aterial that h as been gathered and decide w hat it
m eans for the investigation. This evaluation determ ines the choices
that investigators m ake du rin g the rest of the enquiry. In particular,
the evaluation will decide on the techniques that are u sed to gather
further m aterial. The A CPO Core Investigative Doctrine (2005b: 64)
describes this p rocess a s enabling investigators to 'step back' from
the rush of investigative action and to consider the investigation in
'slow tim e'. In vestigators are en couraged to carry out evalu ation s in
every case, even those that ap p ear to be straightforw ard.
In som e cases the in vestigative evaluation m ay be carried out by
a crim e evaluator, w ho w ill determ ine w hether further investigation
is required. W here a large am ount of m aterial h as been gathered
investigators m ay task an aly sts to assist. For the m ost part, however,
evalu ation s are carried out by the investigators them selves. They are
essential at the end of the initial response, but can also be carried out
periodically throughout the investigation to ensure that the m aterial
gathered h as been correctly interpreted an d that no opportun ities to
take action have been m issed . An investigation is u su ally an iterative
p rocess that involves taking action to gather m aterial, evalu atin g w hat
it m eans and deciding w hat further action can be taken, taking that
action and then evalu atin g the outcom e. This p rocess can continue
over m any cycles until sufficient m aterial h as been gathered to bring
an offender to justice or until a decision is taken to file the case as
un solved (see Figure 6.2).
The evaluation p h ase p rovides in vestigators with a structured
approach to decision-m aking and a num ber of disciplin es that are
design ed to m inim ise the difficulties of m aking goo d decision s on the
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F igu re 6.2 The interative natu re o f the in vestig ation p ro cess
type of lim ited m aterial that is often available du rin g an investigation.

For exam ple, investigators are en couraged to set clear objectives for
the evaluation and to u se the 5WH form ula (Who - W hat - When
- W here - Why - H ow ) to give structure to the m aterial they have
gathered:
• Who is relevant to the investigation, victim (s), w itnesses, and

susp ect(s)?
• Where did the offence take place? Are there other locations that are
relevant?
• What h as occurred? This m ay be im m ediately obviou s, but in som e
cases the investigator will have to piece together the available
m aterial by locating w itnesses, interview ing victim s and su sp ects,
developin g intelligence or b u ildin g reason able hypotheses.
• When did the offence and other significant events take place?
• Why w as this offence com m itted in this location again st this victim
at this tim e?
• How w as the offence com m itted?
D ecision-m aking and the difficulties it can present du rin g crim inal
investigation are d iscu sse d in m ore detail later in this chapter.
Further investigation
Further investigation involves the selection of the m ost app rop riate
investigative techniques to gather the m aterial required to fill the g a p s
identified du rin g the evaluation. In probably the m ajority of cases,
the problem is one of m ovin g forw ard from the first evaluation. The
m aterial gathered du rin g the initial response leaves too large a gap to
be filled and it is difficult to identify a technique that could be used

with any hope of su ccess. For exam ple, in the case of a dom estic
burglary, an effective initial response m ay have included a crim e
scene investigation, house-to-house enquiries, view ing of local CCTV
sy stem s and circulating descriptions of the property stolen. Within the
intelligence office, the M O of the offence m ay have been com pared
to others in the area to see if the offence w as p art of a pattern that
identified a likely suspect. If all these enquiries have failed to gather
m aterial that identified a su spect, the g a p betw een w hat investigators
know abou t the offence and w hat they need to enable them to use an
investigative technique to m ake p rogress is very large indeed.
D epen ding on the area where the offence took place, it m ay be
w orthw hile to publicise it to en courage m ore w itnesses to com e
forw ard or to interview inform ants in the hope of identifying a
suspect. But such m easu res m ay not succeed if the inform ation profile
of the crim e is very low. The m ost that investigators can hope to do
is to p rovide a thorough record of the action they have taken and
the m aterial that h as been gathered. This w ill su p p ort the an alysis
of w ider trends that m ay later provide intelligence opportunities,
and leave a goo d b asis for reopening the investigation if addition al
m aterial becom es available. W here there is sufficient m aterial to
indicate a w ay forw ard investigators will u se one of the investigative
techniques described in C hapter 5 to gather further m aterial.
Where further action is possib le, investigators often use the term
'line of enquiry' to refer to a num ber of actions that have a particular
focus, for exam ple tracing a person described a s bein g at the scene of
a crime. In sm all investigation s there are likely to be relatively few
lines of enquiry; in a m ajor investigation such as hom icide there m ay
be a great number. The 'm ain line of enquiry' is u sually a series of
actions that a p p ears to have the potential to lead to the su sp ect, this
is, therefore, given a higher priority than others (A CPO 2006a: 59).
Identifying lines of enquiry is a key skill for investigators. It involves
carrying out a good evaluation of the m aterial, and m atching that to
their know ledge of investigative techniques and their applicability in
any given circum stance.
Suspect m anagem ent

Once a su sp ect h as been identified a range of techniques becom e
available to investigators that enable them to either im plicate the
su sp ect in the offence or elim inate them from the investigation.
These include search and forensic exam in ation s of the su sp ect
and any prem ises and vehicle they are associated with, the use
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of identification procedu res if there is an eyew itness to the crim e

and, m ost im portantly, the interview of the su sp ect to gather their
account of their involvem ent in the crime. The iterative nature of
the process described above is equally apparen t du rin g this p h ase of
the investigation. E valuation s of the m aterial will be carried out to
identify w hat it m eans for the investigation, w hat further m aterial is
required and w hat action n eeds to be taken to acquire it.
Evidential evaluation
The decision to charge a su sp ect with an offence is the responsibility
of the CPS. H ow ever, in deciding w hether or not to send a case
to them for consideration investigators m u st m ake a prelim inary
decision a s to the sufficiency of the evidence they have collected. In
doin g this they m u st ap p ly essentially the sam e test to the m aterial
a s will the C PS lawyer. This is, that the evidence gathered in the case
p rovides a realistic p rospect of a conviction (Section 5.2 of the C ode
for Crow n Prosecutors) and that it is in the public interest to proceed
with the case (Section 5.6).
The key difference betw een investigative and evidential evaluation
is that during an investigative evaluation, investigators are free to use
all available m aterial even though it m ay not be evidentially adm issible.
When carrying out an evidential evaluation, investigators need to
a sse ss the strength of the case taking into account only the evidentially
adm issible material. If a case is to go to charge, further w ork m ay
arise out of the Crown Prosecutor's review of the m aterial. This m ay
identify additional lines of enquiry that need to be p ursued.
Case m anagem ent

Even when som eone is charged with an offence there is still a great
deal of w ork for in vestigators to do. A ny lines of enquiry that are
not yet com plete need to be finalised. All the m aterial to be u sed in
the prosecution n eeds to be in an evidential form at. A ny m aterial
they have gathered that is not to be used in the prosecution needs
to be correctly recorded and p a sse d to the C PS, w ho have a du ty to
review it and disclose to the defence anything that m ay be relevant
to their case. In p rep arin g the case for court, prosecu tors m ay require
addition al enquiries to be m ad e and the defence m ay p rovide
inform ation that lead s to further investigation. W hile all of this is
taking place, victim s and w itnesses need to be m an aged through
the court process and all exhibits have to be properly labelled and
stored. In m ore high-profile cases, investigators m ay be involved in
m edia m an agem en t before and du rin g the trial.
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After the trial, w itness care is still som etim es required, exhibits
need to be d isp o sed of and intelligence generated by the case needs
to be dissem in ated, although m ost of this will have been done as the
intelligence is generated du rin g the investigation.
Su m m a ry
Because the key inform ation needs of all crim inal investigations are
broadly sim ilar, the sta g e s through which each investigation p rogresses
are the sam e. This m eans that desp ite w ide variations in the type,
volum e and distribution of inform ation associated with different
crim es, and variations in the w ay in which offenders, victim s and
w itn esses beh ave after a crim e, in vestigators h ave a stable process
that they can ap p ly to m ost situation s they are presented with.
This process su p p o rts the use of a ran ge of inform ation-gathering
techniques that in vestigators deploy according to their judgem ent
about w hat is required in the unique circum stances of each case.
Investigative d e c isio n -m ak in g
The investigation p rocess d iscu sse d above sh ow s the type of decision s

that have to be m ad e by in vestigators an d the sequence in which
they are m ade. This section exam in es how those decision s are m ade
and the w ay in which practitioners use the m aterial gathered du rin g
an investigation to develop lines of enquiry. The ethical asp ects of
decision-m aking are also exam ined.
The three key decision areas
A lthough m any decision s have to be m ade du rin g the course of an

investigation, there are generally three key ones to be taken during
any evaluation of m aterial:
1 Is the beh aviour under consideration a crim inal offence?

2 Who m ight be a su sp ect?
3 W hat further m aterial n eed s to be gathered?
A lthough each of these decision-m aking areas ap p ears to follow each

other sequentially, in practice they do not. It is often the case that
investigators have a clear idea of w ho w as responsible for a particular
behaviour, but do not know whether the beh aviour itself w as a
crim inal offence. Likew ise, there m ay be evidence at the scene in the
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form of D N A or fingerprints that w ould p rovide conclusive evidence

of an in d iv id u al's involvem ent, but there are no su sp ects to com pare
it against. A s a consequence, investigators m ay w ork on the three
areas sim ultaneously, and each is considered individually below.
Is the behaviour under consideration a crim inal offence?

In C hapter 2 the w ay in which the law defines som e b eh aviours as
crim inal w as exam ined. The police p rovide a m echanism by which
those w ho believe that a crim inal offence has been com m itted can
report it for investigation. Police forces also carry out an aly sis to
identify crim inal offending that h as not been reported. In both cases,
in vestigators need to decide if the beh aviour reported to them, or
uncovered as a result of an aly sis, am ou n ts to a crim inal offence. If it
is a crim e it is recorded a s such in line with the Home Office Counting
Rules. M aking such decision s cau ses very little difficulty in the
m ajority of cases. A lthough people m ay use non-legal term inology
when describin g the beh aviour they believe m ay be crim inal, their
m eaning is generally clear. C ollo qu ialism s such as 'beaten u p',
'm u g g e d ', 'ripp ed off', 'interfered w ith' (in a sexual context), are not
difficult to place in the app rop riate legal category once sufficient
detail is know n. H ow ever, occasionally a beh aviour that is thought
to be crim inal will either be difficult to place in a particular crim inal
category or will be found not to be a crime.
A difficulty som etim es arises where the circum stances presented to
in vestigators are capable of both an innocent explanation and a guilty
one. H om icide in vestigators are often faced with this problem during
the early stages of a case. M any deaths are reported to the police
and m ost are from natural cau ses, but officers attending the scenes
of these reports m ay occasionally be faced with b ad ly decom po sed
bod ies, apparen t su icides, or circum stances that could be interpreted
a s being su sp iciou s, such a s an old person d ead within an insecure
house. The question is often one of 'D id he fall or w as he p u sh ed ?'
and a great deal of w ork m ay have to be carried out sim p ly to
establish w hether or not the circum stances am ount to an offence.
Such cases are relatively infrequent and for the m ost part decision s
of this type cau se little difficulty.
W h o m ight be a suspect?
The term 'su sp ect' is u sed to denote those w hom investigators believe
could be the offender, but again st w hom there is a s yet insufficient
evidence to recom m end a prosecution. A lthough the law d o es not use
the w ord 'su sp ect' it d o es stipu late that in vestigators m u st caution
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anyone before they ask them qu estions if there are gro u n d s to su sp ect
them of com m itting an offence (Section 10.1, C ode of Practice C,
PACE 1984). A de facto definition of a su sp ect is thus som eone w hom
investigators believe m ay be the offender and w ho they w ould be
obliged to caution if they w ished to interview them. They are not
obliged to interview them and in som e cases m ay not do so until
they have gathered m ore m aterial.
It is im portant to rem em ber that there is a big difference betw een
a su sp ect and an offender. In identifying su sp ects, investigators
are d oin g nothing m ore than establish in g a reason to believe that
an in d ivid ual could be an offender. This is a prelim inary first step
tow ards gathering evidence that is sufficient to either elim inate them
from the enquiry or to im plicate them to the extent that they are
prosecuted. But investigators need to be careful not to confuse the
two, and this area is dealt with in m ore detail below.
There are generally two w ay s in which su sp ects are generated:
allegations and inferences. A llegations occur when som eone inform s
investigators both that a crim e h as been com m itted and that they
think they know the identity of the person w ho com m itted it. Given
that a great deal of crim e occurs betw een peop le w ho know each
other, allegations are a very frequent source of su sp ect generation,
and are particularly likely in sexual and physical a ssau lts, thefts in
the w orkplace and frau ds. H ow ever, any type of crim e com m itted
sp on tan eously and in front of w itnesses m ay give rise to an
allegation.
From an in v e stigato r's point of view, allegations have the adv an tage
that they often p rovide sufficient inform ation to determ ine that a
crim e h as occurred, together with w itness accounts that are easily
converted into evidence. A llegation s can also be m ad e by inform ants,
and w hile these do not have the ad v an tage of being able to be turned
into evidence quite so easily as those from victim s and w itnesses,
they do, depen d in g on how reliable the inform ation is ju d ged to be,
p rovide in vestigators with a clear starting point for their enquiries.
Where no allegations are m ad e a s to the identity of the suspect,
in vestigators m ust gather sufficient m aterial to enable them to m ake
inferences about their likely identity. A w ide ran ge of m aterial is
u sed to do this and the w ay it is identified and gathered d ep en d s to
a large extent on the unique circum stances of each case. Inferences
are m ainly of the follow ing types:
1 Forensic inference. Both fingerprints and D N A p rovide m aterial that

uniquely identifies in d iv id u als an d this can be u sed to infer that
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so m eo n e is a su sp e c t if it can be m atch ed to an in d iv id u al. M atching

can occur b ecau se the in d iv id u a l's n am e is alread y on a d a ta b a se
a g a in st w hich the m aterial can be search ed , or b y u sin g sa m p lin g
techniques that identify the o rigin ator o f the fin gerprin ts or D N A
from a p articu lar p o p u latio n . T h ese tech n iques are d isc u sse d in
m ore detail in C h ap ter 5.
2 Characteristic inference. Even w here victim s an d w itn e sses d o not

know the identity o f an offender, they are often able to giv e
in v e stigato rs in form ation a b o u t so m e characteristic that m a y be of
u se in iden tify in g them . A p h y sical characteristic su ch a s a tattoo,
an item o f clothing, a ty pe of vehicle they w ere u sin g , or even their
accent or the w o rd s they u se d m ay on o ccasio n s help in v e stigato rs
identify su sp ects.
3 M odus operandi characteristic. Som e o ffen d ers are know n to com m it

certain ty p es o f crim e or to u se p articu lar m eth o d s an d these can
so m etim es be u se d by in v e stigato rs to gen erate su sp ec ts.
4 Uniquely linking features. S o m etim es a u n iq u e link betw een the

crim e an d certain in d iv id u a ls en ab les the p olice to infer that they
are su sp e c ts. In v estigatio n s are occasion ally h eard of w here officers
follow trails o f b lood or fo o tste p s in the sn o w from a crim e scene
to an o ffe n d e r's front door. S o m etim es o ffen d ers leave a coat or
jacket w ith their a d d re ss in at a crim e scen e, or they ring hom e
from the scen e en ab lin g them to be traced. F ootw ear m a rk s at
scen es are a lso u sed to p ro v id e u niqu e lin k s b etw een offen d ers
an d the crim e.
5 Passive data inferences. P a ssiv e d a ta is d ealt w ith in C h ap ter 5. The

m o st com m on form o f p a ssiv e d ata is C C T V im a g es, which can be
u se d to infer the identity o f su sp e c ts, a s can financial records an d
other m eth od s b y w hich p eo p le leav e an electronic footprint at a
scene.
W h a t further m aterial n eeds to be ga th e re d ?

O nce su sp e c ts are identified, in v e stigato rs can gath er m aterial to
d ecid e w hether or not a case a g a in st them can be m ad e. T h is is
not the sa m e a s iden tify in g w h ether or not they are the offender.
T h at is the role of the court. The role o f in v e stig a to rs is to identify
a s m an y so u rces o f m aterial a s p o ssib le an d to gath er the m ax im u m
a m o u n t o f m aterial from each. T h is m aterial is then ev alu ated to
estab lish if it con tain s su fficient ev id en ce to m o u n t a prosecu tion . If
it d o es, the file is p a sse d to the C P S, w h o d e cid e s if a prosecu tion is
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justified, and if it is, w hat ch arges sh ou ld be used to prosecute the

suspect.
G athering evidence is often considered the m ost difficult problem
within an investigation, but in reality, if in vestigators have already
solved the first tw o p roblem s they are a long w ay along the road to
havin g the evidence they need to send the file to the CPS. This is
because the m aterial that led to som eone being identified a s a su sp ect
can often be u sed a s evidence in a prosecution. This is particularly
so where an allegation is m ad e by a victim or w itness w ho is able
to provide first-hand evidence of the su sp ec t's involvem ent, which
m ay be sufficient in itself to prove the offence. The sam e is often
true where su sp ects have been identified through fingerprints, D N A
or other ty pes of inference that are readily converted into evidence.
In m any cases, however, the m aterial that lead s to som eone being
identified as a su sp ect is not sufficient to su p p o rt a prosecution and
so investigators m u st decide w hat type of add ition al m aterial is
required and where it m ight be located.
It often h ap pen s that further investigation s provide addition al
m aterial that lead s investigators to elim inate su sp ects from the
investigation. A fingerprint found at the scene of a crim e m ay be
from som eone w ho w as there legitim ately at the tim e the offence w as
com m itted. Som etim es in vestigators believe that they have identified
a su sp ect with som e degree of certainty, but they cannot locate
sufficient m aterial to m ount a prosecution. Naturally, this is an area
that requires great care on the p art of the investigator, because one of
the reason s they are unable to find evidence m ay be that the su sp ect
is not the offender.
In vestigators m ay be presented with n um erou s p roblem s that are
unique to the circum stances of the particular investigation. H ow ever,
m ost will fall within one or other of the three key decision areas,
and the prim ary function of the investigation p rocess is to gather
en ough m aterial to enable these decision s to be m ade. In doin g this,
investigators follow a structured approach that en ables them to deal
with each investigation in a system atic way.
The nature o f investigative decision-m aking
W hat little research has been carried out into investigative decision
m aking su g g e sts that investigators rely on a set of rules that they
develop from their ow n experiences of conducting investigation s or
that they learn from colleagues (A dham i and Brow ne 1996; Smith and
Flannigan 2000; Sau n d ers 2001). These heuristics enable investigators
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to m ake sense of the situation s they are faced with and p rovide a
fram ew ork that helps them to u nderstan d the m aterial they gather.
They are an efficient m eans of decision-m aking and are com m on
to m any occupational group s. But the strong tradition in the police
service of 'learning on the job' m eans that the repertoire of w orking
rules that investigators have access to is highly dependen t on their
p ersonal experience. A s a consequence, even apparen tly experienced
investigators m ay have g a p s in their repertoire w hen they are faced
with situation s they have not encountered before. An in v estigato r's
ability to m ake decision s m ay therefore be lim ited by the extent of
their p ast experience and the degree to which they are able to ad ap t
it to any new situation.
In addition to the lim itations of investigators' heuristics can
be a d d ed the com m on and w ell-docum ented problem s of hum an
cognition, which are as likely to affect investigators a s everyone else
(Stelfox and Pease 2005: 192). These w orkin g rules can becom e so
fam iliar to investigators that they are not alw ay s aw are that they
are u sin g them. This m ay lead to difficulties in describing how a
particular decision w as reached. In vestigators m ay refer to these
decision s as being b ased on hunches, gu t reaction or intuition, and
are unable to explain the rationale behind them, m aking it difficult for
others to u nderstan d the decision-m aking process. In principle there
m ay be nothing w rong in follow ing hunches or gu t reactions, but
investigators are expected to account for their decision s to others and
so they m u st have a good u n d erstan din g of how they have arrived at
them. The follow ing are all factors that influence their decisions.
Personal bias
D ecisions can be unconsciously affected by p ersonal perceptions of
p eople, places and situations. Racism , sexism and hom ophobia are all
w ell-know n biases that can influence the thought process w ithout the
in d iv id u al realising the effect that they are having. But p erson al b ias
can affect decision-m aking at a m ore m u n d an e level. For exam ple,
an in vestigator attending the scene of a burglary m ay decide not
to conduct house-to-house enquiries in the vicinity because of an
assu m ption that no one will tell them anything w orthw hile. In this
situation, the opportun ity to gather inform ation from the im m ediate
neighbours is m issed and this m ay have a detrim ental effect on the
investigation.
Verification bias
If investigators develop a fixed view a s to w hat h as occurred or
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w ho is responsible for a crim e, there is a dan ger that they focus on

the m aterial that su p p o rts that view. This w ill lead to a situation
where they only gather m aterial that reinforces their original view.
They will ignore alternative lines of enquiry or sources of m aterial.
In vestigators sh ou ld avoid taking too firm a view on any poin t until
they have gathered the m axim um am ount of m aterial.
Availability error
There is a dan ger that investigators will base their decision s about
the investigation on m aterial that is vivid and m em orable, dram atic,
em otionally charged or easy to visu alise. Such m aterial m ight be
p sychologically com pelling, because it a p p ears fam iliar or is linked
to a memory, but it m ay not necessarily reflect all the m aterial at the
in vestigator's d isposal. Investigators sh ould m aintain an open and
objective approach to gatherin g m aterial and be p repared to challenge
their ow n reasoning behind a decision.
Other factors affecting decision-m aking

There are a num ber of other factors that m ay adv ersely affect the
quality of decision-m aking. While no one can rid their m ind of all of
these, they can u nderstan d the effect they have and so com pensate
for them. Factors that m ay affect decision-m aking include:
• Sw eepin g statem ents that overgeneralise and ignore contradictory

evidence.
• O versim plifying the facts by assu m in g clearly defined bou n d aries
when it is not p ossib le to do so.
• M aking inferences from the particular to the general, e.g. assu m in g
that because som e are, all are.
• B egging the question, e.g. taking things for granted that have not
yet been proven.
• Special p leadin g, e.g. stressin g only one view point and ignoring
other m ore relevant or p lau sib le opinions because they conflict
(the arrogance of experience).
• Potted thinking, i.e. u sin g sim plistic assertion s in an unw arrantable
fashion, e.g. u sing slog an s or catch ph rases in argum ents.
• Early assu m p tio n s abou t m aterial or a source of m aterial that
can potentially m isdirect the focus of an investigation and cau se
relevant m aterial to be overlooked.
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• Building unlikely hypotheses that do not reflect the known facts,

ultim ately cau sin g the investigation to becom e m isdirected, or an
opportun ity to be overlooked.
There are d an gers in overstating the extent to which the u se of

investigators' w orking rules for decision-m aking are problem atic. All
occupational g ro u p s develop and u se such rules and in reality there
is no effective alternative. In vestigators m ust, how ever, be aw are of
the potential pitfalls, and actively challenge their personal perceptions
and u nderstanding.
The investigative mindset
To a large extent, good decision-m aking is about ad o ptin g an attitude

of m ind tow ards the investigation, w hat the A CPO Core Investigative
Doctrine (2005b: 60) calls an 'Investigative M indset'. This enables
in vestigators to bring som e order to the w ay in which they exam ine
m aterial and m ake decisions. It is a state of m ind that involves
ap p ly in g a set of principles to the investigation process. This enables
investigators to take a disciplin ed app roach to decision-m aking which
can be explain ed to others. The in vestigative m in dset can be broken
dow n into the five principles:
• U n d erstan d in g the sources of m aterial

• Planning and preparation
• Exam ination
• Recording and collation
• Evaluation.
U nderstanding sources o f material

A n und erstan din g of the provenance and characteristics of the source
of m aterial is essential in order to conduct an effective exam ination
of it. This enables investigators to identify any characteristics p ar
ticular to the source that m ay determ ine the w ay it is exam ined.
U n d erstan d in g the nature of the source will a ssist investigators to
determ ine w hat it can contribute to the investigation and to explain
its characteristics to others.
When investigators are carrying out a form al evaluation of m aterial
they also need to ensure that they have a com plete u n d erstan din g of
its relevance, reliability and, if they are seeking to use it as evidence,
its adm issibility.
The CPIA C ode of Practice states that:
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M aterial m ay be relevant to an investigation if it a p p ears to

an investigator, the officer in charge of an investigation, or to
the disclosu re officer, that it h as so m e bearin g on any offence
under investigation or any person being investigated, or on the
su rroun din g circum stances of the case, unless it is incapable of
havin g an im pact on the case.
This p rovides a b road definition of w hat m ay be relevant and

en courages in vestigators to use a s m uch m aterial as p ossib le in the
evaluation process. This is particularly true du rin g the early sta g e s of
an investigation when it m ay be im possible to determ ine w hat will
eventually be relevant and w hat will not. In practice, investigators
only exclude m aterial a s irrelevant only after careful consideration
and if they are absolutely su re that it cannot provide anything of use
to the investigation.
It is in the nature of crim inal investigation s that it is not alw ays
easy for investigators to com e to a view about the reliability of the
m aterial they have gathered. Where the m aterial consists of the
accounts of victim s, w itnesses, su sp ects or inform ants, they have to
be view ed in light of the cognitive p rocesses described in C hapter 4.
If the source is physical m aterial, investigators need to check that the
inferences draw n from it are reason able and cover all the p ossible
interpretations. It is a m istake to accept the first or the m ost ob vious
inference. These m ay often turn out to be correct, but it is not alw ays
so. A clear u n d erstan din g of the reliability of the m aterial enables
in vestigators to determ ine the w eight they sh ou ld give to it in the
evaluation. The follow ing factors need to be considered.
• W here the source of the m aterial is a person, factors such as

their level of intoxication, the u se of prescription or illegal dru gs,
their opportunity to w itness or know the facts in their account,
their relationship to key p lay ers in the investigation an d their
m otivations to be involved in the investigation are all easily
checked and m ay im pact on the degree of reliability given to their
m aterial. In vestigators are ad v ised in Core Investigative Doctrine to
avoid m aking ju dgem en ts abou t the reliability of m aterial b ased on
factors such as lifestyle, p reviou s offending history or associates, as
these m ay not be relevant to the investigation in hand. H ow ever,
where the m aterial is to be u sed a s evidence, such factors m ay be
raised in court to underm ine the credibility of the w itness and so
they m ay need to be thoroughly looked into to enable courts to
m ake a judgem ent.
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• M aterial that can be corroborated by an in d ep en d en t so urce will

ge n erally h av e h igh er reliability than m aterial that can n ot be
corroborated.
• C orro boratio n b y a p erso n su ch a s a sp o u se , a relative or so m eo n e
else asso ciated w ith the source, or one o f the key p la y e rs in the
in vestigation , w ill ge n erally be view ed a s b ein g less objective than
in d ep en d en t corroboration.
• M aterial that cannot b e corrob orated or that conflicts w ith other
m aterial m ay be th ou gh t of a s b ein g less reliable.
• M aterial a s d ata that d o e s not h ave a co m plete a u d it trail lead in g
from its creation to its recovery b y in v e stigato rs is a lw a y s treated
w ith caution. For ex am p le, a fin gerprin t fo u n d on a knife u sed in
a w o u n d in g a y ear a g o m a y be o f less v a lu e to the in vestigation
if it is not know n w ith so m e d egree o f certainty w h o h an d led the
knife in the interven in g p eriod . On the other h an d, if it is know n
that it n ever left the p o sse ssio n of the su sp e c t or w a s concealed
n ear the scen e it w ill be o f far m ore value.
Planning a n d preparation
U su a lly the first op p o rtu n ity to exam in e a so u rce o f m aterial is the
only opportun ity. The p ro ce ss of scen e exam in ation w ill invariab ly
alter a scene an d it is, therefore, im po rtan t to get it right first time.
The recollection that victim s and w itn esses h ave o f ev en ts will fade
or becom e co n tam in ated by v e rsio n s o f ev en ts they later h ear from
oth ers an d so it is essen tial that all the m aterial they can p ro v id e is
obtain ed a s early a s p o ssib le. The sa m e prin ciple a p p lie s for m an y
other so u rces of m aterial. C arefu l p lan n in g is required to en su re that
the exam in ation reveals all the av ailab le m aterial that the source can
p rovid e.
Exam ination
E xam in ation can b e d iv id e d into three se p a ra te p ro ce sses, an d the
extent to w hich an y o f these is relevant to a p articu lar exam in ation is
determ in ed by the so urce an d its ch aracteristics. The three elem en ts
are a s follow s:
• Account. In interview situ atio n s, victim s, w itn e sses an d su sp e c ts

are en co u rage d to p ro v id e an accoun t of their k n o w led ge of, or
in vo lv em en t in, the incident. W hen ex am in in g other so u rces of
m aterial, the accoun t w ill be interpreted b y the p erso n carry in g
ou t the exam in ation . For ex am p le, an in v estigato r m ay infer that
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T h e investigation p ro ce ss and investigative decision-m aking
the offen der entered the scen e o f a b u rglary through the w in dow
b ec a u se it h a s been forced op en from the o u tsid e , or that a p erson
seen in a C C T V im age m ay b e the offen der b ec a u se they are
w earin g a distin ctiv e item o f clothing a s d escrib ed by a w itness.
T h ose carryin g ou t su ch exam in ation s sh o u ld b e in a p ositio n to
exp lain their fin d in gs or in terpretation s to others. Th ey sh o u ld also
co n sid er altern ative exp lan atio n s. The d egree o f difficulty in vo lv ed
in inferring an accoun t from a so u rce largely d e p e n d s on the n ature
o f the source, any legal or p ro ced u ral co n sid eratio n s relatin g to
how the m aterial m u st be treated, an d the level o f m aterial that
in v e stigato rs alread y have. The m ore m aterial in v e stigato rs have
ab o u t a crim e, the easier it w ill be to d raw inferences ab o u t the
contribution a so urce can m ak e to the in vestigation .
• Clarification. H a v in g ob tain ed an accoun t from the source,

in v e stigato rs sh o u ld clarify an y incon sisten cies or am b igu ities
that it contain s. T his m ay in vo lv e testin g it a g a in st other m aterial
alread y gath ered or id en tify in g action s to acq uire further m aterial
to clarify it. For exam p le, w h en v iew in g a C C T V im age, the
even ts sh ow n m ay, on first co n sid eration , a p p e a r to verify a
w itn e ss accoun t of an incident. H ow ever, the tim e sh ow n on the
im age m ay be inconsisten t w ith the tim e of the incident given by
w itn esses. Testing the accuracy o f the clock on the C C T V sy stem
that gen erated the im age w o u ld lead to m aterial that either
confirm s or ca sts d o u b t on the w itn e ss's reliability.
• Challenge. E xperien ce sh o w s that even those so u rces o f m aterial

that at first a p p e a r to be o f u n q u estio n ab le reliability can be w rong,
an d that m aterial that a p p e a rs to indicate one thing can later be
fo u n d to su p p o rt a totally different interpretation. In vestigato rs
sh o u ld , therefore, continu ally ch allenge both the m ean in g and the
reliability o f any m aterial they gather. In vestigato rs sh o u ld treat
all m aterial as p o ssib ly b ein g w ron g an d regard all so u rces of
m aterial a s poten tially m isle ad in g. T h is is su m m ed u p by the A BC
app roach :
A ssu m e nothing;
Believe nothing;
C h allen ge everythin g.
E very accoun t sh o u ld be ch ecked for inconsisten cy or conflict w ith

other m aterial. In v estigato rs are m o st likely to be m isled b ecau se
they h av e not p a id attention to detail. Pritna facie a ssu m p tio n s
sh o u ld n ever be m a d e an d m aterial sh o u ld n ever b e accepted
167
w ith ou t qu estion. In vestigato rs sh ou ld con stan tly search for

corroboration.
Record in g a n d collation
Before clo sin g the exam in ation o f a so u rce o f m aterial, in v estigato rs
sh o u ld co n sid er the follow ing:
• The records that n eed to b e m a d e o f the exam in ation .

• If requ ired, how the so u rce is to b e stored.
• The secu rity o f the source.
• A cce ss arran gem en ts to the so u rce if it is u n d er third p arty
control.
W here the source is to rem ain in the control o f a third p arty they
sh o u ld be in form ed o f their resp o n sib ilities in relation to the C PIA .
Evaluation
E v alu ation a s d isc u sse d here is less form al than that in the A C P O
m o d el earlier in the ch apter an d is inten ded to identify any im m ediate
action s that need to b e taken in relation to the source, or the m aterial
that w a s gath ered from it. T h ese in clu de action s to test the reliability
o f the so urce or the m aterial gath ered from it, or an y fast track
action s that m ay be n eed ed to secu re other m aterial. A p p ly in g the
in v e stig ativ e m in d set to the exam in ation o f all so u rces o f m aterial
w ill en su re that:
• The m axim u m am ou n t o f m aterial is gathered.

• Its reliability is tested at the earliest opportun ity.
• Im m ediate action is taken in relation to it.
• R elevan t records are m ad e.
• The m aterial is a p p ro p ria te ly stored.
Applying the investigative m indset
A p p ly in g the in v e stigativ e m in d set sh o u ld a ssist in v e stigato rs to

g u a rd a g a in st b ein g influenced b y their first im pression of the m aterial.
T h is is p articu larly im p o rtan t in relation to m aterial gath ered from
victim s, w itn e sses an d su sp e c ts in the early sta g e s o f an in vestigation
w hen they m ay still be trau m atised or u n d er stre ss ca u se d by the
co m m issio n o f the offence. T h ose w h o a p p e a r to be reluctant to
a ssist, or even hostile, m ay h av e u sefu l m aterial w hich if d ealt w ith
correctly they w ill sh are w ith in v estigato rs. C onversely, those w ho
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ap p ear com pliant or w illing m ay be presenting self-serving version s

of events. The m in dset helps investigators to keep an open m ind and
to be receptive to alternative view s or explanations, and prevents
them from ru sh in g to prem ature ju d gem en ts abou t the m eaning
of any m aterial or the reliability of its source. By not accepting
m aterial at face value they avoid the risk of overlooking alternative
sources of m aterial or alternative interpretations. The application
of the investigative m in dset from the outset a ssists investigators
in identifying areas that require developm ent or challenge through
further investigative action. It also helps them to m ake structured
and aud itable decisions.
R e c o rd -k e e p in g and d e c isio n -m ak in g
Record-keeping is an im portant part of the decision-m aking process

for investigators. There are tw o m ain reason s w hy accurate records
are kept. First, it en sures the integrity of the m aterial gathered. The
im portance of keeping accurate records in relation to the gathering
of victim an d w itness accounts and w hen interview ing su sp ects
h as already been referred to in earlier chapters. The sam e is true
of m aterial relating to inform ation a s data, where record-keeping
is often referred to a s 'exhibits m an agem en t'. The object of exhibits
m an agem en t is to create a record of the m aterial itself, how it w as
acquired by the investigation, w hat tests, if any, were undertaken
in relation to it, how it w as stored and w ho h as had access to it
prior to it being introduced into evidence at court: in other w ords,
an au d it trail of everything that h as occurred in relation to the
m aterial from the tim e it w as acquired by the investigation. There
are a num ber of reason s for this. Where the m aterial is subject to
scientific or technical exam ination, such records p rovide courts
with an assuran ce that the m aterial h as not been contam inated or
altered in w ay s that m ay influence test results or their interpretation.
W here the m aterial is u sed to prove a unique link to the accused, for
exam ple an item of clothing found at a scene that has been m atched
to the offender, it is obviously im portant that the coat p rodu ced to
the court for exam ination is the sam e one found at the scene. C ourts
expect investigators to be able to provide an au d it trail to prove the
integrity of all m aterial u sed a s evidence and so goo d record-keeping
of this type is essential.
A s with all types of m aterial, there is no w ay of know ing how
it w ill be u sed at the time it is acquired, and so accurate records
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m u st be kept from the outset on the assum ption that all m aterial is
potentially evidence in a trial or w ill be disclosed to the defence for
their use.
The second reason for keeping records is a s an aid to decision
m aking and recall. There is no com m on policy for the level of records
that in vestigators sh ou ld keep, although a s a general rule, the m ore
com plex the enquiry, the m ore im portant it is to keep accurate records
of decision s because of the increased volu m e of m aterial that h as to
be m an aged and the greater ran ge of decision s that have to be m ade.
In hom icide and other m ajor crim e enquiries, it is stan dard practice
for the SIO to keep a record of all key decisions, which m ay relate
to issu es such as:
• D efining w hat the scenes are and their p aram eters, which will
influence the areas searched.
• D ecisions about the strategies that are to be ad o p ted for the crim e
scene searches, forensic exam in ation s and other types of searches.
• The su sp ect p aram eters, that is, those characteristics of the su sp ects
that are known with sufficient confidence to enable com parison s to
be m ade betw een in dividuals.
• The tim e p aram eters, that is, the tim es betw een which it is thought
the offence occurred.
• The interpretation they have p u t on m aterial and why.
• The lines of enquiry that are to be follow ed and the techniques
that are to be used.
• The gro u n ds for u sin g legal p ow ers, for exam ple the arrest of a
suspect.
The above are sim ply exam ples; in practice, in vestigators sh ou ld keep
a record of anything they believe m ay be u sefu l to them or to others,
or anything they m ay have to explain to others at a later stage.
G ood record-keeping is essential in those cases w here it is likely
that the investigation will be p asse d to others to continue. They will
need to know w hat investigative activity h as already been carried
out and the reason s w hy action h as not yet been taken in relation
to som ething that could or sh ou ld have been done. Records will be
required of victim and w itness care, intelligence that h as been p a sse d
to others and the w ork that is being undertaken by others such as
forensic scientists where results are still aw aited.
The keeping of records sh ou ld not be thought of sim p ly a s the
creation of an au d it trail of exhibit m an agem en t or the key decisions
m ad e du rin g the investigation. M any investigators find that the
170
disciplin e of record-keeping is an aid to decision-m aking. The routine

of sitting dow n to w rite u p how they have interpreted m aterial or
the results of evalu ation s, and the decision s they have taken a s a
consequence, forces them to take time to think through the issu es
before w riting them dow n. N ot all investigation s require a high level
of record-keeping, but the skill of goo d record-keeping is one that all
investigators sh ou ld develop.
M ethods of record-keeping vary from force to force an d so there is
no com m on system that can be described. A s a general m inim um all
police officers use pocket notebooks, which, a s their nam e su g g e sts,
are d esign ed to be sm all en ough to be carried around by patrol
officers. Their size lim its their u sefu ln ess for recording large am oun ts
of inform ation, and so specialist investigators m ay keep records in
w hat are variou sly referred to a s d ay b ook s or diaries. These are
often officially issu ed by forces and are sim p ly a larger form at than
the pocket notebook. SIO s generally record their decision s in such
books. The crim e recording sy stem s used by m any forces enable
records of investigative activity to be kept, although this is often at
a m uch low er level of detail than is p ossib le in pocket b ook s or day
diaries.
Eth ics and d e c isio n -m ak in g
D ecision-m aking is not sim ply a question of p rocessin g inform ation

and m aking choices about the course of action that is m ost likely to
be effective in getting the job done. H ow those choices are m ad e and
the types of outcom es they m ay lead to for in d iv id u als, com m unities
and society a s a w hole are held by m ost people to be of som e
im portance. A s a result, m ost p rofession al practice includes a code of
ethics that seek s to gu id e decision-m aking.
The police are often required to take action on lim ited, incom plete
or contested inform ation where the outcom es can have significant
im plications for the liberty and w ell-being of in d iv id u als and the
w ider social good. In the U K , the im portance of ethics to gu id e the
choices that the police m ake have been the subject of som e interest
(N eyroud and Beckley 2001), w hile A C PO p rovides, in the Police
Service Statement of Common Purpose, a num ber of principles that seek
to set a broad ethical fram ew ork for policing. In addition, so m e police
forces, such as, the Police Service of Northern Ireland (PSNI) have
develo ped a code of ethics that lays dow n the stan d ard s of behaviour
expected of officers and p rovides an ethical fram ew ork w ithin which
171
decision s and actions sh ould be taken. The Core Investigative Doctrine

seeks to contribute to the ethical fram ew ork of crim inal investigation
by p rop osin g a num ber of principles that are 'd esign ed to ensure that
in vestigation s are conducted in w ay s which are ethical and en courage
com m unity su p p o rt'. These prin ciples are (N CPE 2005: 20):
• When a crim e is reported, or it is su spected that one m ay have been

com m itted, investigators sh ou ld conduct an effective investigation.
• The exercise of legal pow ers sh ou ld not be o p pressiv e and sh ould
be proportionate to the crim e under investigation.
• A s far as operationally practical and havin g d u e regard to an
in d iv id u al's right to confidentiality, investigation s sh ou ld be carried
out as transparently a s possib le, in particular, victim s, w itnesses
an d su sp ects sh ou ld be kept u pd ated with developm ents in the
case.
• In vestigators sh ou ld take all reasonable step s to understan d the
particular needs of in d iv id u als including their culture, religious
beliefs, ethnic origin, sexuality, disability or lifestyle.
• In vestigators sh ou ld have particular regard for vulnerable ad u lts
and children.
• In vestigators sh ou ld respect the p rofession al ethics of others. This

is particularly im portant w hen w orking with those w h ose role it is
to su p p o rt suspects.
T ruth and falsity
Finally in this chapter w e consider the concept that cau ses a great
deal of difficulty in decision-m aking du rin g the investigative process:
truth and falsity. It seem s to be com m on sense that in vestigators are
seeking to uncover the truth abou t w hat occurred when a crim e w as
com m itted and in doin g so they will use their ju dgem en t to decide
w hat to believe and w hat not to believe about the m aterial they gather.
For m any years this is exactly w hat in vestigators were taught to do,
an d 'd iscoverin g the truth' w as put forw ard a s being the objective
of a crim inal investigation. H ow ever, the concepts of truth, and its
op posite, falsity, have been found to be problem atic in the context
of a crim inal investigation. This is because investigators rarely have
enough m aterial to reconstruct exactly w hat occurred du rin g a crim e
172
T h e investigation p ro ce ss and investigative decision-m aking
and so their k n o w led ge is a lw a y s in so m e w ay incom plete. Th is

lea v e s op en the p ossib ility that they w ill revise their view if new
m aterial b eco m es availab le. To think in term s of truth or falsity ten ds
to close o ff this p ossib ility b ecau se, a s w a s d isc u sse d ab ove, once w e
believe that w e u n d erstan d the truth of so m eth in g w e tend to stop
look in g at other p ossib ilities.
Furth erm ore, there is no requ irem ent for in v e stigato rs to com e
to any fin al view on the truth or falsity o f any issu e, b ec a u se that
is the role o f the court. An in v estigato r is required to m axim ise
the am ou n t of m aterial that is a v ailab le to a co urt to d o this. Th is
requ ires in v e stigato rs to m ak e m an y ju d g e m e n ts ab ou t the v alid ity of
m aterial, its m ean in g an d its reliability. It a lso requ ires them to com e
to co n clu sion s ab o u t the likelihood of in d iv id u a ls b ein g the offender.
W hat it d o e s not require them to d o is to form any firm opin ion
ab o u t w h ether or not any p articu lar in d iv id u a l is telling the truth or
that any p iece o f ev id en ce p ro v es that a su sp e c t is guilty. They are
required only to com e to a decision a b o u t the likelihood o f a court
fin d in g m aterial relevan t a n d a d m issib le, an d the lik elih ood that if
they d o so they w ill co n clu de that a p articu lar in d iv id u al is gu ilty
o f the offence.
W hat is know n from lon g exp erience is that such ju d g e m e n ts are
contingent an d can easily b e revised in the light o f new m aterial
b ecom in g availab le. It is also know n that the verdict o f a court is
so m etim es not the final versio n of ev en ts an d that new m aterial or
new interpretation s of old m aterial w ill force a revision o f earlier
fin din gs. It is therefore o f little v a lu e for in v e stigato rs to think in
term s o f truth or falsity. It is far better for them to think in term s
o f the relevan ce an d a d m issib ility of m aterial an d how it could be
corroborated or discon firm ed . Th is leav e s them far m ore op en to
the p o ssib ilities o f ad d itio n al m aterial and of new interpretation s of
m aterial they alread y have.
It m ay be a rg u e d that a d o p tin g a m ore n eu tral stan ce on the
qu estion o f w h at is true will leave in v e stig ato rs open to the
interpretation s that others p u t on m aterial an d w ill thus m ak e it
easier for liars to get a w a y w ith crim e. T h is is not so. G o o d liars
su cceed sim p ly b ecau se they ge t others to accept their v ersion of
even ts a s true. By rejecting the notion that they are able to u n cover
the truth an d focu sin g in stead on q u estio n in g every accoun t an d
se ek in g confirm ation o f all facts, in v e stigato rs are far m ore likely to
ex p o se liars than they w o u ld oth erw ise be. They are also far m ore
likely to av o id the so rt o f errors d isc u sse d earlier in this chapter.
173
These are difficult id eas to p u t into practice, sim ply because

in vestigators constantly deal with peop le w ho use the concepts of
truth and falsity in relation to their know ledge of a crim e. This is
particularly so of victim s, w ho naturally resent any su ggestion that
their account of their experience is anything other than correct. This
is alw ays a difficult area for in vestigators to negotiate. In particular,
m any victim s of interpersonal crim e such a s assa u lt and sexual
offences are reluctant to report them to the police because they do
not feel that they will be believed. G ood investigative interview skills
and a sym pathetic approach enable investigators to negotiate this
difficult groun d but it sh ou ld be rem em bered that even in those cases
where the n eeds of victim s require a great deal of u n d erstan din g and
sym pathy, they do not override the n eeds of justice for investigators
to keep an open m ind on the question of truth and falsity.
C o n c lu sio n
G ood in vestigative practice d e p e n d s on good decision-m aking. The

p rocess of crim inal in vestigation p rovides a structure that enables the
activities and decision s involved to be organised and im plem ented in
a system atic w ay in all cases, even though there is a w ide variation
betw een each one. Each p h ase of the p rocess requires decision s to be
m ad e about the m eaning of the m aterial that is available, its reliability
and how it can be u sed to identify further investigative opportun ities
and, ultimately, its evidential value. But there are m any obstacles to
good decision-m aking du rin g the crim inal investigation process. The
m ost obviou s one is that the m aterial needed to m ake a goo d decision
m ay sim p ly not be available. O ffenders and w itn esses can som etim es
effectively control the transm ission of inform ation to investigators,
m aterial can d egrad e over tim e because of environm ental factors or
because the sy stem s on which it is recorded keep it for only a lim ited
time. It is entirely p ossib le to m ake good decision s on lim ited m aterial,
but it requires an acute aw areness of the m any difficulties involved
and the w ay s in which investigators b iases and assu m p tio n s can
lead to w rong inferences being draw n. G ood investigative practice
can m inim ise these d an gers by p rovidin g investigators with a
system atic w ay of approaching the task of decision-m aking and
by p rovidin g them with the know ledge of the law and hum an
beh aviour that they need in order to inform the judgem en ts they
m ake. D evelopin g effective and ethical decision-m aking practice for
investigators is far from com plete but the A C PO Core Investigative
174
Doctrine has at least p u t the issu e on the agen da so that further w ork
can be done.
There are few book s written about the p rocess of crim inal investigation
for practitioners that are available ou tside of the police service. For
those with access to them, A CPO , Practice Advice on Core Investigative
Doctrine (2006) and A CPO , Guidance on the National Intelligence Mode
(2005) are key texts. Both are published by the N PIA on behalf of
A CPO and are available to those with access to the G enesis d atab ase
on the C rim inal Justice Extranet.
T. N ew burn, T. W illiam son and A. W right (eds), Handbook of Criminal
Investigation (C ullom pton: Willan Publishing, 2007) p rovid es a great
deal of m aterial that is relevant to practitioners, and T. N ew burn,
Handbook of Policing (C ullom pton: Willan Publishing, 2003) d o es the
sam e, particularly in Part Three - D oing Policing.
T. C ook and A. Tattersall, Blackstone's Senior Investigating Officers'
Handbook (Oxford: O xford U niversity Press, 2008) is w ritten by two
very experienced SIO s and describes app roach es to the investigation
of hom icide and other seriou s crim es. A lthough intended m ainly for
practitioners carrying out the role of SIO and those asp irin g to it, it
p rovides a fascinating insight into the ran ge of issu es SIO s have to
deal with and the level of detail they m u st p ay attention to when
m aking decisions.
K. Jan sson , Volume Crime Investigations: A Reviezv of the Research
Literature, H om e Office Online Report 4 4 /0 5 (w w w .hom eoffice.gov.
uk, 2005) p rovides an excellent overview of the research on volum e
crim e investigation processes.
There are m any book s on decision-m aking, particularly in the
p sych ology and bu sin ess literature, bu t none on decision-m aking
in the context of crim inal investigation. P. Stelfox and K. Pease,
'C ognition and Detection: Reluctant B edfellow s?', in M.J. Smith
and N. Tilley (eds) Crime Science: New Approaches to Preventing and
Detecting Crime (C ullom pton: Willan Publishing, 2005) explores som e
of the difficulties of decision-m aking du rin g crim inal investigations.
In M. Innes, 'Investigation O rder and M ajor C rim e Enquiries', in T.
N ew burn, T. W illiam son and A. Wright (eds), Handbook of Criminal
Investigation (C ullom pton: Willan Publishing, 2007) the w ay s in which
the structure of investigation and decision-m aking com e together are
considered.
175
A s noted in the text, ethics should be a key consideration for

practitioners w hen m aking decisions, and P. N eyrou d, Policing, Ethics
and Human Rights (C ullom pton: Willan Publishing, 2001) is written
by a practitioner and explores the ran ge of ethical issu es associated
with the policin g function.
176
C h apte r 7
The supervision of criminal

investigation
In tro d u c tio n
The su p ervision of crim inal investigation s h as often been thought

of sim ply in term s of the relationship between in vestigators and
their im m ediate su p ervisors. W hen things go w rong with a crim inal
investigation, it is often attributed to failings in front-line supervision .
There is no doubt that the relationship betw een su p erviso rs and
investigators is extrem ely im portant but its effectiveness in ensuring
the quality of crim inal investigation s is influenced by a far w ider range
of considerations. These include the governance and accountability
arran gem en ts of the police services; the w ay in which strategic priorities
are set; the policy fram ew ork within which crim inal investigation s are
carried out; how crim es are allocated; and the b u sin ess p rocesses that
are available to m an age them. Equally im portant are the perform ance
m an agem en t regim es put into place by police forces to ensure that
the resources allocated to crim inal investigation are achieving the
policy aim s and objectives set for them.
There is, then, a m uch w ider picture to be pain ted of the
su p ervision of crim inal investigation than sim p ly the relationship
betw een investigators and their im m ediate su p erviso rs. Within each
police force there are a num ber of levels of m an agem en t that are
im portant. These levels are:
• G overnance
• Executive m anagem ent
177
• B u siness unit m anagem ent

• In dividu al supervision .
T his chapter aim s to exam ine these levels of m an agem en t and to

establish how they influence the su p ervision of investigations.
G o ve rn an c e
The tripartite structure through w hich policing is govern ed w as set

by the Police Act 1996, which w as am ended by the Police Reform
A ct 2002. Responsibility for policing is sh ared betw een three parties:
the H om e Office, police authorities and chief constables. Between
them, these three are responsible for setting national and local
policing policies and objectives, fun din g police forces and en suring
that policing services are delivered efficiently and effectively. This
tripartite system influences investigative practice by setting stan d ard s
of investigation and carrying out a u d its and inspections to ensure
they are met.
Standard, audit and inspection
Stan d ard s for crim inal investigation are set by the policy fram ew ork
that w as discu ssed in C hapter 3. They com e in a variety of form s, an
exam ple being the H om e Office C rim e Recording S tan d ards, which
determ ine when and how crim es are recorded. Each force also has
policies setting out the stan d ard s they w ish crim es to be investigated
to. Som e stan d ard s are m ade under legislation: the C ode of Practice
for Victim s of C rim e w a s issu ed under Section 32 of the D om estic
Violence, C rim e an d Victim s A ct 2004 and details the stan dard of
service that victim s of crim e sh ou ld receive; the C ode of Practice on
the U se of the Police N ational C om p uter w as issu ed u n d er Section 2
of the Police Reform Act 2002 an d details how the d ata in the PN C
can be u sed. The stan d ard s that in vestigators will be m ost fam iliar
with are the C o d es of Practice issu ed u n d er PACE 1984.
These stan d ard s are in addition to the ob viou s requirem ent
for investigators to operate within the law and within the Police
Discipline Regulations.
In add ition to setting the stan d ard s, the tripartite m em bers all
p lay a role in en su ring that they are met. The H om e O ffice funds
H er M ajesty's Inspector of C onstabulary and the In dependen t Police
C om plaints C om m ission and can call on b od ies such a s the A udit
178
T h e sup ervision o f criminal investigation
C om m ission to carry out inspections and au d its when necessary.

C hief constables and police authorities are responsible for carrying
out internal inspections and au d its of their forces and all forces have
a Professional Stan d ard s U nit to investigate allegations of w rongdoing
within the force.
Finally, although, a s noted in C hapter 2, the role of the judiciary in
overseein g crim inal investigation has inevitably dim in ished because
few er cases are taken to court, they nonetheless still play an im portant
role in p rovidin g public scrutiny of the quality of investigation s, and
this is an influential m ethod of governance.
Objectives
The Police Reform Act 2002 am ended the Police Act 1996 by add in g
a new Section 36A, which requires the H om e Secretary to publish a
N ational Policing Plan each year. The plan covers a rolling three-year
period and sets out the strategic priorities for the police service for
the next three-year period. The N ational Policing Board provides the
H om e Secretary with the main method of consulting with a range of
stakeholders, including police authorities and chief constables, on the
content of the N ational Policing Plan. The N ational Policing Plan is
influenced by the N ational Strategic A ssessm en t prepared by ACPO
(see below ) and influences the developm ent of local policing p lan s by
police authorities and forces. A s an exam ple, the 2005 to 2008 N ational
Policing Plan set five key priorities for the police service. These
were:
1 Reduce overall crim e - including violent and drug-related

crim e - in line with the G overn m ent's Public Service A greem ents
(PSAs).
2 Provide a citizen-focused police service which resp on d s to the
n eeds of com m unities and in d iv id u als, especially victim s and
w itnesses, and inspires public confidence in the police, particularly
am on g m inority ethnic com m unities.
3 Take action with partn ers to increase sanction detection rates and
target prolific and other priority offenders.
4 Reduce p eo p le's concerns abou t crim e, and anti-social beh aviour
and disorder.
5 C om bat seriou s and organised crim e, within and across force
boundaries.
179
It can be seen that these are all in som e w ay concerned with the
investigation of crim e and reflect the im portant role that crim e
investigation p lay s in delivering the strategic objectives of the police
service. These objectives form the b asis of each police auth ority's
Local Policing Plan, which is develo ped in consultation with the
force, local com m unities and partner agencies.
The national and local policing p lan s are inform ed each year by
the A C PO N ational Strategic A ssessm en t. Police forces carry out
an annual strategic assessm en t of crim e in their area and these are
collated by A CPO which u ses them, together w ith d ata from police
forces in Scotland and other national agencies, to com pile a national
an aly sis of crim e and policing in the UK.
C hief constables and police authorities use the N ational Policing
Plan and the N ational Strategic A ssessm en t to a ssist in m aking
bu d get allocation decisions. These determ ine the level of resources
that are available in each area of the force and the types and level of
resources that will be available to investigate crime.
Executive m a n a g e m e n t
A lthough the chief constable has overall responsibility for the organi
sation of the police force and the service it delivers, responsibility for
specific areas of perform ance will generally be delegated to assistan t
chief constables (ACC). A llocating executive responsibility for crim inal
investigation can be difficult because it is so u biquitous to the activities
of a police force. A lm ost everything anyone do es within a police
force in som e w ay involves or im pacts on crim inal investigation. A s
a general rule, an A C C will have overall responsibility for crim inal
investigation within a force. They will develop policy in relation to
crim inal investigation and will lead the force in carrying out strategic
assessm e n ts and setting local objectives. They will also allocate
resources for crim inal investigation within the force. A C C s will often
be su p ported by a head of C ID or a h ead of crim e operation s, w ho
will m an age the force's central crim inal investigation functions such
a s sq u a d s, but w ho w ill often also be the p rofession al lead on crim inal
investigation within the force. H ead s of CID are often therefore the
m ost senior detective within the force and m ay carry a caseload
of the m ost seriou s investigation s in addition to their m anagem ent
functions.
The executive level of a force w ill generally also have responsibility
for the units that su p p o rt crim inal investigation, such a s scientific
180
su p p o rt units, intelligence units and crim inal justice units. It is also

responsible for im plem enting the b u sin ess p rocesses that su p p o rt the
m anagem ent of crim inal investigation within the force. There is no
national process for m an agin g crim inal investigations. Volume crim es
are likely to be m an aged by sy stem s sim ilar to the Volume Crim e
M an agem en t M odel (VCM M ) p u blished in the A CPO Practice Advice
on the Management of Priority and Volume Crime (2006) and hom icide
and m ajor incidents are generally m an aged by the m ajor incident
room (MIR) system , both of which are discu ssed in m ore detail
below. Those investigation s falling in betw een these tw o en ds of the
spectrum , that is, those allocated to specialist units at the BCU or
force level, are subject to a w ider range of p rocesses. They all have
som e com m on elem ents that are d iscu sse d below.
Allocation system s
There are two basic sy stem s in use within forces for the allocation
of crim es. Tasking and co-ordinating gro u p s (TCG) are m ainly
concerned with instigating investigation s b ased on the an aly sis of
police intelligence, and crim e screening sy stem s are m ainly concerned
with allocating crim es that are reported to the police by m em bers of
the public.
Tasking and co-ordinating groups

These g ro u p s are the w ay in which police m an agers u se the variou s
elem ents of the N ational Intelligence M odel (N IM ) (see below ) to
allocate w ork. T C G s generally com m ission a strategic assessm en t in
relation to their area of w ork and set a local strategy b ased on that
and the local policing plan. T C G s m eet periodically, u su ally once a
w eek or once a fortnight, to m onitor p rogress tow ards achieving the
plan and to consider the tactical option s for instigating operation s and
investigations. The tactical option s w ill be contained in a docum ent
called a tactical assessm en t. The TCG will consider the opportun ities
contained in the tactical assessm en t and initiate investigation s
b ase d on them. For exam ple, street-level drug- dealin g is a com m on
problem on m ost BC U s and tackling it will often be a local objective.
This w ill lead the TC G to require it to be included in the tactical
assessm en ts. The tactical assessm en t will analyse the available
intelligence abou t street-level d rug-d ealin g in the area. Where an
opportun ity to target a particular in d ivid ual arises, for exam ple
because intelligence is received identifying where he is storin g his
d ru gs, this w ill be included as an investigative opportunity. Where
181
the TCG considers the operation to be viable it will instigate an

investigation by allocating it to a particular investigator or to a
specialist unit.
The com position of T C G s is flexible, which enables them to cater
for the unique features of the area or the specific remit of a particular
unit. G rou p s are generally led by som eone from the com m an d team
of the bu sin ess unit and other m em bers include those who m an age
resources, those w ho have responsibility for delivering operational
p lan s, intelligence m an agers and analysts. C om m an ders are also
likely to invite representatives of those partner agen cies that can
contribute to the resolution of policing problem s.
Crim e screening
The precise nature of crim e screening sy stem s differs betw een forces
but m ost follow the com m on m odel described here. Follow ing the
initial response to a report of crim e, a crim e report is subm itted,
u su ally by the uniform ed officer w ho first attended the scene.
This report is inspected by a su p erviso r w ho quality assu res the
investigation carried out so far. This generally involves en suring that
all the inform ation required for the report is present and that routine
investigation tasks, such a s interview ing the victim , looking for CCTV
im ages and crim e scene m anagem ent, have been carried out.
A ju dgem en t is then m ad e on the potential for the crim e to be
detected. W here there is m aterial that could enable the case to be
solv ed , the crim e w ill be autom atically allocated for follow -up
investigations. If the case is one of volu m e crim e or the enquiry is
routine, for exam ple arresting and interview ing an identified offender,
it will usu ally be allocated to the reporting officer or a colleague. If
the crim e is seriou s or the investigation is com plex, it is likely to be
allocated to a specialist investigator, either in the CID or, if it falls
within their remit, a specialist unit such a s a child ab u se or dom estic
violence unit.
M ost crim es do not have m aterial that w ould enable them to be
so lv ed at this stage, an d are not allocated for further investigation.
H ow ever, w here they involve crim e types that have been prioritised
in the strategic objectives or where significant harm has occurred,
such a s a w oun din g, rape, hom icide or large-scale theft, they w ill be
allocated for further investigation.
Investigations that are filed at this or a later stage are not w asted
because they form p art of the intelligence an aly sis that inform s the
taskin g and co-ordinating p rocess and contributes to the strategic
assessm en t. If new inform ation com es to light in relation to a crim e it is
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T h e su p e rv isio n o f crim inal investigation
re-evaluated and ju d g e d again a s to w hether it is likely to be detected,

at w hich sta g e it m ay be allo cated for furth er in vestigation .
Volum e crim e m a n a g e m e n t m odel
The V C M M iden tifies the resou rces that are required to su ccessfu lly
m a n a g e v o lu m e crim e w ithin a force an d se ts ou t the sta n d a rd s an d
p ro ce sses that they sh o u ld o p erate to. There is no n ation al definition
o f a vo lu m e or p riority crim e b ec a u se each force h a s different n eed s
an d p riorities. The V C M M h elp s forces defin e w h at crim es they w ish
to treat a s vo lu m e and p riority crim es an d then d e tails w h at each of
the resou rces in v o lv ed sh o u ld d o d u rin g an in vestigation . The m ain
fo cu s is on g o o d d ecision -m ak in g an d en su rin g that in v estigativ e
action s are effective. T h ese are listed u n d er the follow in g h e ad in gs:
• C all h an d lin g an d initial in vestigation

• Prim ary in vestigation an d crim e recording
• C rim e m an agem en t an d ad m in istratio n (w hich in clu d es allocation,
d isc u sse d above)
• Secon d ary in vestigation
• Su sp e ct m an agem en t.
The V C M M en ab les forces to d e al w ith large v o lu m e s o f relatively

m inor crim es in a sy stem atic w a y that m a x im ise s the ch ances of
detecting them w ithin the resou rce co n strain ts set for that type of
crim e.
M a jo r incident room s (M IR )
M ajor inciden t ro o m s p ro v id e the b u sin e ss p ro ce ss by w hich forces

in vestigate h o m icid e an d other se rio u s crim es that require the
d ep lo y m en t o f large n u m b ers of in v e stigato rs and the m an agem en t
o f large v o lu m e s o f m aterial. M IR s o p erate to a n ation ally agreed
sta n d ard , w h ich is con tain ed in the A C P O Guidance on M ajor Incident
Room Standardised Administrative Procedures (M IR SA P) (2005). Th is
iden tifies the roles that are requ ired in an M IR. E x clu d in g the roles
o f sen ior in v e stigatin g officer (SIO) an d the team o f in v e stigato rs
w h o carry ou t the enquiry, M IR SA P identified 21 roles that co u ld
be em p lo y e d in an MIR. N o t all o f these are required in ev ery case,
an d in so m e, one p erso n can p erform m u ltip le roles. H ow ever,
M IR SA P illu strates that the effective m an agem en t o f in form ation
an d adh eren ce to co m m on sta n d a rd s is resource-in ten sive. It also
con tain s tem plates o f stan d ard d o cu m en ts and d e tails the p ro ce sses
183
through which m aterial flow s in an MIR to ensure that each piece of

inform ation is properly considered and handled.
M IRs are generally su p ported by the H om e Office Large M ajor
Enquiry System (H O LM ES). This com puter p rovides the follow ing
functions:
• Document management. Enables all docum en ts to be m onitored by

the MIR and sh ow s w hat is h appen in g to each one at any point in
the investigation.
• Workflow management. Enables the system to be tailored to the

w orking practices in the MIR.
• Graphical indexing. Provides the facility for users to directly index
from a typed copy of a docum ent rather than re-keying the data.
• Record management. Enables data to be retrieved for research and
an aly sis and p rovid es a ran ge of search facilities.
• Task management. A llow s actions to be allocated and m an ages their
progress.
• Exhibit management. M an ages and tracks the m ovem ent of all
relevant property throughout the investigation.
• Research and analysis. Provides links to com m ercial analytical
softw are.
• Disclosure management. H elp s to m an age disclosu re m aterial.
• Court preparation. Enables a file to be p rodu ced for court.
The benefit of M IRs com es from the stan dard isation of practice that
they bring about, rather than sim p ly putting the m aterial on to a
com puter. Even on those investigation s where H O LM ES is not u sed,
which is frequently the case, the principles of M IRSA P are still
follow ed.
Few forces have perm an en t M IRs because hom icide and m ajor
in vestigation s are relatively infrequent events. The u su al practice
is to have a central unit that p rovid es the capability to set u p an
MIR near to the scene of an incident, u su ally in the nearest police
station. These use portable H O LM ES term inals, connected over a
telephone netw ork to a central server. M any hom icides are solved
relatively quickly and do not involve large am ou n ts of inform ation
or m any lines of enquiry. In these cases, m any SIO s prefer to use
card index system s, often called 'p ap er sy stem s', as they believe that
184
they are quicker to establish than H O LM ES and are equally capable

of m an agin g sm all enquiries. These p ap er sy stem s still follow the
principles and practices laid out in M IRSAP.
Intelligence operations system s
B ecause H O LM ES w as originally conceived a s a hom icide and m ajor

incident investigation system and for m any y ears w as u sed solely for
that p u rp ose, other sy stem s were develo ped for m an agin g intelligence-
led operations. Unlike H O LM ES there w as no central developm ent
or su p p ort for such sy stem s and so they tended to be developed by
a sin gle force or commercially. N o stan dard system h as em erged that
is in u se by all forces, but m ost have functions that enable details of
p eople, places, vehicles and other relevant inform ation to be collated
and an alysed and for the actions of investigators to be m an aged.
Because H O LM ES also p rovides these functions and h as becom e
m ore user-friendly a s it h as develo ped, it h as been increasingly u sed
to m an age intelligence-based operation s a s w ell a s reactive ones,
although other sy stem s are still w idely used.
A s h as been noted elsew here, from the poin t of view of an
investigator, the distinctions betw een a reactive investigation and
an intelligence-led operation are not great and H O LM ES is certainly
capable of m an agin g both equally well.
K idn ap an d extortion
The investigation of crim es involvin g kidnap and extortion generally

have a s their aim the safe return of a hostage or the m inim isation
of a threat to do harm of som e type, for exam ple p ublish ing
com prom ising m aterial or p rodu ct contam ination. This objective has
often to be achieved again st a deadline set by the offender and m ay
even involve direct negotiation s with an offender. This has led to the
developm ent of unique m an agem en t sy stem s for such cases which
enable inform ation to be a sse sse d quickly, and for real-tim e decision s
to be m ad e in response to w hat are often fast-m ovin g developm ents.
O fficers are trained in the use of these sy stem s, which are deploy ed
relatively rarely.
Reviews
A further b u sin ess p rocess, used m ainly in relation to hom icide

and m ajor incident investigations, but which can be ad ap ted to any
situation, is the form al review of the investigation by an independent
investigator. These are norm ally carried out in accordance with the
185
A CPO Guidance on Major Crime Reviews (2008), which p rovides advice

on the term s of reference for a review, the type of staff that sh ou ld
be u sed and the p rocesses that sh ou ld be follow ed.
Review s are undertaken by an experienced indepen den t investigator.
They are generally com m issioned by the A C C C rim e or equivalent if
the offence is still undetected after 28 d a y s of investigation. They can
be tailored to m eet the n eed s of in d ivid ual investigation s and forces.
A full review w ill exam ine everything done by the investigation to
provide reassuran ce that no opportun ities have been m issed and
that the techniques u sed have been im plem ented in accordance with
national stan d ard s. R eview s are a very costly exercise and m any focus
on high-risk areas of an investigation to provide the chief constable
with reassuran ce that they have been well m an aged.
Perform ance m an age m en t
Perform ance m an agem en t p lay s an im portant role in helping the

police service to deliver the objectives that are set at a national and
local level. A lthough the sy stem s u sed in police forces differ they
have a num ber of com m on characteristics. All generally rely on a
ran ge of perform ance m easu res that are u sed to m onitor p rogress
tow ards achieving the objectives. At a national level this data is
collected and presented as com parative data, which en ables forces to
be ranked by their perform ance. This p rovides a pow erful incentive
for forces to achieve targets in an effort to m aintain an acceptable
ranking. C hief officers transfer this p ressu re dow n to operational
units by allocating responsibility for achieving particular outcom es,
m easu rin g p rogress tow ards achieving them and holdin g in d iv id u als
to account for delivery. M any operational units also d o the sam e
and so targets, and the responsibility for m eeting them, are cascaded
dow n throughout the service.
The data u sed for perform ance m anagem ent is often draw n from
the other b u sin ess system s, d iscu sse d above, and they form part
of the perform ance m an agem en t structure of a force. Perform ance
m anagem ent h as often been criticised within the police service by
those w ho believe that it h as skew ed perform ance tow ards a narrow
set of objectives and that the quality of in vestigative practice h as
been reduced a s a consequence (Stelfox 2008). The m echanism by
which this h ap p en s is not difficult to understan d. The n eed to achieve
short-term or low -cost go als lead s m an agers to m ake choices that
favou r 'quick w ins', with low cost and sim plicity of im plem entation,
even when the com plex, the expen sive and the hard to achieve m ay
186
represent better practice and could lead to better long-term outcom es.
In the absence of an incentive to ad o p t go o d investigative practice,
the p ressu re to achieve targets m ay tip the balance tow ards poor
practice. The im plication for in d ivid ual investigators is that they or
their m an agers m ay focus on those cases that offer the best chance of
m eeting particular targets, rather than those that offer the best chance
of achieving outcom es that are in the public good.
A nother aspect of perform ance m an agem en t is the p ressu re to
deliver m ore services for the sam e resources. One w ay in which
this is done is through the redesignin g of in vestigative p rocesses
to identify those that m ust be carried out by a police officer and
those that can be done by non-sw orn staff. Breaking production
p rocesses dow n into su b -processes where skills or resources can be
focused is a com m on w ay of im proving perform ance in industry.
It w orks particularly well in m an ufactu ring but is m ore difficult to
ap p ly in service in d ustries w here custom ers like to feel that they are
getting a personal service. They do not like to be p asse d from one
su b-process to another. Everyone know s the frustration of dealin g
with a financial or utility com pany if their n eed s fall even slightly
ou tside of the ordinary. Inform ation processin g sy stem s that require
a lot of unpredictable choices to be m ade are particularly difficult
to ap p ly this approach to. Research, m edicine, journalism and other
know ledge-based processes, where unpredictable choices have to be
m ad e, are still predom inantly carried out by a sin gle in d iv id ual w ho
m ak es the key decisions.
C rim inal investigation requires a lot of contact with, and co
operation from , in d ivid uals. It also involves com plex decision-m aking
by investigators. This alerts u s to the fact that su b -dividin g it into
discrete p rocesses risks alienating victim s and w itnesses a s well as
m aking good-decision m aking m ore difficult.
These criticism s of perform ance m an agem en t sh ou ld not blind
us to the fact that it can achieve a great deal in term s of focusing
investigators on the objectives set by the organisation and reducing
the costs of policing to the public purse. The point is that the sy stem s
put into place by the executive level of m anagem ent sh ou ld be
capable of delivering these benefits w ithout the negative effects often
associated with perform ance m anagem ent system s.
The b u sin ess p rocesses d iscu sse d in this section are all instigated by
the executive level of the force for the p u rp ose of m an agin g crim inal
investigations. They are prim arily u sed by those m an agin g b u sin ess
units and by in d iv id u al su p ervisors.
187
M a n a g in g a business unit
Below the executive level, police forces are generally broken dow n
into b u sin ess units. The m ain b u sin ess units of any police force are
its basic com m and units (BCU). These are u sed to divide the force
into m an ageable areas and are generally under the com m an d of a
chief superintendent or superintendent. BC U s are often coterm inous
with local authority areas, which m ak es it easier for the police to
w ork in co-operation with a range of local organisations. A BCU m ay
be broken dow n into su b -division s which are likely to be under the
com m an d of a superintendent or a chief inspector, generally known
a s the Sub-division al C om m ander. In som e forces, BC U s are further
sub -divided into n eighbou rhoods under the com m and of a sergeant
or inspector.
BC U s m ay have functional b u sin ess units, such a s dom estic
violence units, bu rglary sq u a d s, d ru g sq u a d s, street robbery units
and so on. These are likely to be under the com m an d of officers of
inspector or sergeant ranks.
In addition to BCU s, police forces have a range of centralised units
with special responsibility for particular types of investigation. These
vary depen d in g on the size of the force, the types of crim e that it
typically h as to investigate and its priorities derived from a strategic
assessm en t of the w orkload it is likely to face. C om m an d of these
functional units is likely to be with the head of CID or in som e force
the head of crim e operations. In dividual sq u a d s are then usu ally under
the com m and of a superintendent, chief inspector or Inspector.
W hether at the BCU or force unit level, the m an agem en t of a
b u sin ess unit is similar. The ran ge of issu es likely to be faced are:
• Resource m an agem en t, including the acquisition of resources,

which will include staff, b u d ge ts for investigative su b-processes
such a s forensic exam in ation s and specialist and expert su p port,
vehicles and office consum ables.
• The m an agem en t of staff, which includes training, profession al
developm ent, discipline and w elfare.
• Perform ance m an agem en t of the case load of the b u sin ess unit.
• Q uality control.
• The m an agem en t of local partn ership arran gem en ts, which give
in vestigators access to the w ork of other relevant agencies.
188
S u p e rvisio n
The direct su p ervision of crim inal investigation s is likely to be in the

h an d s of officers of the rank of sergeant w ho are in charge of about
five officers. These m ay be uniform ed patrol officers or those in
specialist sq u ad s. It sh ou ld be borne in m ind that m any su p erviso rs,
particularly those in the specialist investigation roles such a s the
CID, will carry a caseload of seriou s and com plex cases and will
be them selves under the su p ervision of an officer of higher rank
in the chain of com m and. Therefore those m an agin g b u sin ess units
are u su ally carrying caseload s of their ow n a s well a s su p ervisin g
the investigation s of those under their com m and. H ow ever, the
vast m ajority of sup ervision is carried out by sergeants su p ervisin g
constables and others em ployed in the investigation process.
One of the m ain problem s faced by anyone su p ervisin g a caseload
of investigation s is that of visibility. C rim inal investigation generally
takes place ou tside of police stations as in vestigators visit crim e
scenes, search locations and interview victim s and w itnesses. U nless
a su p erv iso r is actually present while these activities are taking place
they cannot observe either the activity itself or the outcom e that is
achieved by it. This m ean s that for the m ost p art su p erv iso rs are
reliant on the inform ation p rovided to them by investigators to ju d ge
the quality of the w ork that h as been carried out.
Su pervisors usu ally seek to m an age caselo ad s through regular
review of the investigation s that each section or in d ivid ual within
the unit is carrying. V arious sy stem s are u sed to record w hat cases
have been allocated and the p rogress that has been m ade. At their
sim plest, these are registers of w hat h as been allocated an d the
p rogress that the investigation has m ad e, but m ore sophisticated
m ethods are linked to larger perform ance m an agem en t sy stem s that
provide inform ation about personal, section and unit perform ance.
W hatever the system u sed to record progress, su p erv iso rs w ill obtain
the inform ation they need either by a verbal interview at a w eekly
p rogress m eeting or a written report from the lead in vestigators in a
case. These will u su ally detail the action taken since the last m eeting,
the p rogress m ad e and the p rospects for furthering the investigation.
This inform ation en ables su p erv iso rs to provide advice and su p port
and to m ake resource decision s abou t in d iv id ual cases. One of the
m ost im portant of these resource decision s is when a case sh ould be
closed.
A key role of su p erv iso rs is to ensure that in vestigators have realistic
caseloads. If this is not done, in vestigators can becom e overw helm ed
189
by the sheer volu m e of cases. They m ay generate actions that have

little chance of su ccess on the b asis that because a case is still open
they sh ou ld be d oin g som ething with it. M an aging these actions will
divert them from other m ore productive w ork on cases where real
p rogress could be m ade. Ju d g in g when nothing further of valu e can
be done in an investigation is never easy, but en suring that cases
are filed when the chances of detection are low is one of the m ost
im portant roles that su p erv iso rs and m an ager play. To do this requires
high levels of investigative skills.
The w ide variation in inform ation profiles and the w illin gn ess or
otherw ise of those with inform ation to p a ss it to in vestigators m eans
that it is probably p oin tless to talk in term s of an average length of
tim e n eeded to thoroughly investigate a crim e. N onetheless, it seem s
obviou s that in vestigators require sufficient tim e in which to carry
out the investigation s allocated to them and a lack of it is often cited
a s one reason w hy investigation s fail. So caseload size, together with
the other w ork allocated to investigators, is im portant.
Those com pilin g the A C PO Practice Advice on the Management of
Priority and Volume Crime found that pilot sites lim ited the num ber
of investigation s they allocated to officers to an average of eight
per officer (A CPO 2006b: 25). A lthough they felt that this reflected
goo d m an agem en t practice, there is no inform ation on w hether it
led to im provem ents in detections by en su ring that investigators had
sufficient tim e to carry out all the action required. A great deal w ould
also depend on the volum e of non-crim e w ork that the officers were
expected to carry out in addition to the eight investigations.
M ajor crim e investigation s are often cited a s being expen sive, in
term s of both the m oney spen t on services such as forensic science
and p ath ology and investigators' time. Such enquiries are typically
led by a senior investigatin g officer w ho m an ages a team of
investigators and m ajor incident room staff. The num ber of staff used
on a m ajor investigation varies en orm ously depen d in g on the unique
circum stances of the case and the priority given to its investigation.
The level of resources also fluctuates over time in term s of both type
and num ber of staff used. D uring the initial response a large num ber
of uniform ed patrol officers are likely to be deploy ed and they m ay
be su p p orted by officers from the local CID. A s the investigation
p rogresses these will be replaced by officers w ho m ake up the
investigation team , prim arily from the CID. But the scale of these
enquiries and the higher profile they are given by the service m eans
that those en gaged on them are often carrying relatively few cases in
com parison with those en gaged on volu m e crim e enquiries.
190
Som e indication of the relative costs of crim inal investigation

is p rovid ed by D ubourg et al. (2005: 8). They estim ated the police
activity costs associated with v ariou s types of investigation, and
these are show n in Table 7.1. Because an officer's time is the single
largest com ponent of any investigation, the figures provide an index
a s to the relative time spen t by officers on the investigation of crim es
within each category. The table clearly sh ow s the en orm ous difference
in the time spen t on different types of cases and this im pacts on the
w ay in which su p erv iso rs allocate and su p ervise caseloads.
In addition to the direct su p ervision of investigation s at w hatever
level, su p erv iso rs play an im portant role in m entoring and developing
their staff. This particularly ap p lies to uniform ed sergeants, who
m ust ensure that trainee police officers are exp osed to a w ide range
of crim inal investigation s so that they develop their skills across a
broad spectrum of crim e types carried out in different situations. In
doin g this sergeants sh ou ld provide su p p ort and su g g e st different
app roach es that m ay be app licable in novel situations. Even those
su p erv isin g m ore experienced staff such a s SIO s have to ensure
that they are gaining the experience they need through exp osure to
different situation s and to m entor them as they develop new skills or
new w ay s of ap p ly in g the skills they already have.
Table 7.1 Police activity co sts
C rim e categ ory £
V iolence a g a in st the person 756

H o m icid e 14,910
W ounding 740
S e rio u s w o u n d in g 5,917
O ther w o u n d in g 412
S e x u al offen ces 1,524
C o m m o n assa u lt 119
R obbery 878
B u rglary in a d w ellin g 576
Theft 134
T heft - not vehicle 191
T heft o f vehicle 81
T heft from vehicle 31
A ttem p ted vehicle theft 17
C rim in al d a m a g e 76
191
The role of su p erv iso r is not an easy one and requires those
carrying out to have high levels both of m an agem en t skills an d of
experience and know ledge a s an investigator.
T h e investigative skills o f m a n a g e rs and su p e rviso rs
The m an agem en t m odel used in the police service is a bureaucratic

one and assu m es that those of higher rank are them selves com petent
investigators and are therefore in a position to know if the w ork done
by those they are su p ervisin g is app rop riate to the case and of the
right quality. In recent years this m odel h as been show n to be flaw ed.
H er M ajesty's Inspector of C on stab u lary (HM IC) h as found that som e
m an agers do not understan d the p rocesses of crim inal investigation
and do not check that routine procedu res are carried out adequ ately
(Flannery 2004: 26). For exam ple, the quality of su p ervision of rape
investigation s has been found to vary considerably from force to
force (H M IC and H M C PSI 2007: 79). A num ber of public enquiries
into failed investigation s such a s the M acpherson Inquiry into the
Stephen Law rence m u rd er or the inquiry into the first investigation
into the crim es of H arold Shipm an have also revealed inadequate
investigative skills am on g su p ervisors.
The bureaucratic m odel of su p ervision used within the police
service ap p ea rs therefore to be vulnerable if those prom oted to the
role of su p erv iso r or m an ager do not have a high level of investigative
practice. If they do not p o sse ss the know ledge, skills and experience
required to carry out effective crim inal investigations, they are
unlikely to acquire them sim ply because they are prom oted. Indeed,
it is highly likely that such skills as they do p o sse ss on prom otion
will deteriorate thereafter sim p ly because they will not u se them as
often in their new role. It can hardly be expected then that they are
able to adequ ately su p ervise those under them or to a ssist in their
profession al developm ent.
The extent to w hich inadequate investigative skills am ong
su p erv iso rs is a problem is unknow n but there is sufficient evidence to
show that the assu m ption that su p erv iso rs are them selves com petent
in vestigators is at least questionable in so m e cases. A s the Law rence
and Shipm an cases illustrate well, this is not sim p ly an issu e for
those of sergeant or inspector ranks, w ho are often the ones in m ost
im m ediate line m an agem en t of investigation s; in those cases it w as
the failure of m ore senior officers to u nderstan d the issu es involved
that led to the problem s.
192
The w ay in which poor skills am on g m an agers and su p erv iso rs

can im pact on the outcom es of crim inal investigation s is explored in
m ore detail in the C h apter 8.
C o n c lu sio n
The effective su p ervision of crim inal investigation is dependen t on

a num ber of factors: the governance structures p u t into place by the
tripartite partn ers to policing and the w ay they use those structures
to develop policy and objectives for those carrying out crim inal
in vestigation s; the m an agem en t p rocesses p u t into place by in d ivid ual
forces at the executive, b u sin ess unit and individual level; and the
skills that individual m an agers and su p erv iso rs bring to the task.
This fram ew ork is im portant in determ ining how well investigators
can perform . If they have the right su p p o rt they will do better than if
they do not. For exam ple, the A CPO Practice Advice on the Management
of Priority and Volume Crime (2006b: 7) found that organisational
features m eant that the overall police resp on se to volu m e crim e
in vestigation w as often not effective du e to the follow ing reasons:
• Lack of clarity as to when the investigation p rocess begins

• Lack of continuity throughout the investigation
• C on fu sed lines of com m and
• Lim ited a n d /o r inadequ ate training
• Inexperienced investigators
• Excessive w orkload
• Lack of m an agerial su p port
• Lack of a perform ance regim e
• N o clear investigative direction given to officers.
Effective m an agem en t and su p ervision is then of critical im portance

to the su ccess of crim inal investigation. The quality of individual
investigators' in vestigative practice is, of course, central. They require
the right know ledge, skills and und erstan din g in order to successfully
carry out crim inal investigations. But given the inherent difficulty in
su p ervisin g the w ork that they do, m uch of which is largely invisible
to su p erviso rs, it is im portant that they are m otivated to do a good
job irrespective of the level of su p ervision being ap p lied to them.
There are a n um ber of ob viou s step s that can be taken in this
regard. G ood leadership and a culture of carrying out good-quality
investigation s is p ossib ly the m ost effective w ay of achieving this.
193
A nother w ay of m otivating investigators is through perform ance

m an agem en t regim es. These generally seek to m easure the ou tpu ts
of the investigation process, and where they are thought to be
inadequate im prove them by introducing better practice, sanctioning
p oor practice or rew arding goo d practice. Third, their tasking. It
m atters en orm ously w hat investigators are ask ed to do. If they are
tasked with carrying out a high num ber of investigation s of a type
that are unlikely to be detected, they m ay w ell conclude that the
investigation of crim e is an u nrew ardin g exercise that is doom ed to
failure. If, on the other hand, their caseload consists of those crim es
w here there is at least a chance of su ccess, and it is m an aged in such
a w ay as to give them the time required to do a thorough job, it is
m ore likely that they w ill com e to view the exercise a s worthwhile.
The m anagem ent and su p ervision of crim inal investigation is
therefore an im portant elem ent in the police service's ability to
achieve its objectives, bu t it cannot be defined sim p ly a s involving
the relationship betw een front-line su p erv iso rs and investigators. Of
equal if not m ore im portance is the infrastructure w ithin which that
relationship takes place. This infrastructure is prim arily determ ined
by the partn ers of the tripartite governance structure of policing and
the executive level of in d ivid ual police forces.
The tripartite governance of policing is explored in R. Reiner, The

Politics of the Police (3rd edn, O xford: O xford U niversity Press, 2000)
and in T. Jones, 'The G overnance and A ccountability of Policing', in
T. N ew burn (ed.), Handbook of Policing (C ullom pton: Willan Publishing,
2003).
M anagem ent within the police service h as generally been explored
from the perspective of chief officers and in R. A dlam and P. Villiers
(eds), Police Leadership in the Twenty First Century: Philosophy, Doctrine
and Developments (W inchester: W aterside, 2003) the editors, w ho teach
leadership at the Police Staff C ollege, exam ine the theoretical and
practical asp ects of leadership within the police service. C. Rogers,
Leadership Skills in Policing (O xford: O xford U niversity Press, 2008)
looks at the skills required by lead ers at all levels of the service.
In relation to crim inal investigation P. N ey rou d and E. Disley, 'The
M anagem ent, Su pervision and O versight of C rim inal Investigation', in
T. N ew burn, T. W illiam son and A. Wright (eds), Handbook of Criminal
Investigation (C ullom pton: W illan Publishing, 2007) provide an
194
overview of the issu es relevant to the investigation of crim e. A lthough

now a little dated, m any of the issu es highlighted in M. M aguire
and C. N orris, The Conduct and Supervision of Criminal Investigations.
Royal Commission on Criminal Justice (London: H M SO , 1992) are still
relevant. A more contem porary picture is pain ted by H M IC, Leading
from the Frontline (London: H M IC, 2008) which presen ts the results
of a them atic inspection of the role of sergean ts and covers m any
areas relevant to crim inal investigation. The H M IC is a goo d source
of m aterial relevant to m any asp ects of m anagem ent. For exam ple,
H M IC, Modernizing the Police Service: A Thematic Inspection of Workforce
Modernization - The Role, Management and Deployment of Police Staff in
the Police Service of England and Wales (London: H M IC, 2004) p rovides
an insight into how m an agers in the police service are seeking to
im prove value for m oney through redesignin g b u sin ess p rocesses
and roles.
A lthough not specifically police related, G. C au se r and
M. Exworthy, 'P rofession als a s M an agers A cross the Public Sector',
in M. Exw orthy and S. H alford (eds), Professionals and the Neiv
Managerialism in the Public Sector (Buckingham : O pen U niversity
Press, 1999) p rovides an insight into m any issu es that are com m on
to all m an agers w orking in the public sector.
195
C h a p te r 8
H ow crimes get solved
In tro d u c tio n
O ne reason for the a b id in g fascin ation that society h as for crim inal
in v estigatio n m ay b e the fact that, like sp o rt, the ou tcom e of a
crim in al in vestigation is n ever certain. S eem in g ly straigh tfo rw ard
ca se s so m etim e s rem ain u n d etected an d h u gely co m plex c a se s are
often so lv ed . O verall, the m ajority o f ca se s that are reported to the
p olice for in vestigation rem ain u n so lv ed an d it is not at all clear
w hy this is so. The stu d y o f crim inal in vestigation h a s identified
that in form ation from the pu b lic is h igh ly im p o rtan t in the detection
o f crim e, but it is not know n w hy such inform ation is a v ailab le in
so m e ca se s an d not others, or w h y so m e ty p es o f crim e, su ch a s
h om icid e, h av e a gen erally h igh level of detection, w hile others,
su ch a s crim in al d a m a g e , d o not. It can be su p p o se d that the skill
w ith w hich in v estigativ e practice is a p p lie d in in d iv id u a l c a se s m u st
p la y a p art, an d a s in other w alk s of life; so m e in v e stigato rs w ill
be m ore sk illed than others. T h is is o b v io u sly a factor, b u t even the
m o st sk illed in v e stigato rs fail to detect m an y o f the c a se s that are
allocated to them. The an sw e r to the qu estio n o f w hy so m e crim es
com e to be detected w h ile others rem ain u n so lv ed , se e m s certain to
lie in a com plex interplay o f factors. T h is ch apter ex am in es w hat
these factors m igh t be an d how they com e together to determ in e
how crim es get so lv ed .
First, the w ay in w hich detection s are defin ed an d p attern s of
detection are exam in ed , before a co n sid eration of the gen eral an d
sp ecific factors that are in vo lv ed . A m o d el o f h ow crim es com e to be
196
H o w crim es get solved
detected is then p rop osed and tested again st som e com m on form s of
crime.
D e fin in g detection s
All jurisdiction s have rules that determ ine w hen a crim e can be
counted a s detected. In En gland and W ales, these rules are contained
in the Home Office Counting Rules for Recorded Crime, which are
available online (w w w .hom eoffice.gov.uk). In sum m ary, they define a
detection a s occurring when one of the follow ing applies:
• A person h as been charged or su m m on sed for the crim e (irrespective

of any su bsequ en t acquittal at Court).
• The offender h as been cautioned by the police, given a reprim and
or w arning, u n d er the C rim e and D isorder A ct 1998, given a penalty
notice for disorder or a form al w arn ing for cannabis possession .
• The offender ask s a court to take the offence into consideration
when being sentenced for another offence.
• Where no further action h as been taken by the police again st a
know n su sp ect, this is u su ally because:
• The su sp ect dies before proceed in gs can be initiated.

• The com plainant or an essential w itness is dead or refuses, or is
perm anently unable to give evidence.
• The C PS or senior police officer decide not to prosecute because
no u sefu l p u rp o se w o u ld be served (this is u su ally the case
where the offender is already servin g a lengthy prison sentence
and w ould receive no addition al sentence if prosecuted).
In the m ain, ap p ly in g these rules cau ses little difficulty. From time
to tim e ab u ses are uncovered where investigators, or their m an agers,
have m an ip ulated the rules to inflate the num ber of detections they
ap p ear to be achieving. H avin g offences 'taken into consideration'
by a court (TIC) an d taking no further action in relation to p rison ers
already servin g prison sentences have been found to be particularly
vulnerable in this respect. This is because both these m ethods of
detection involve no separate punishm ent for the offender and so
investigators have been able to coerce som e into adm itting offences
197
they did not com m it in return for favou rs. The extent o f this p ractice
is u n k n o w n an d it is w id ely h eld to be m ore difficult in E n glan d an d
W ales since the introduction o f m e a su res to m ak e the p ro ce ss m ore
transparen t.
T h e d e te c tio n rate
The detection rate is the p ercen tage o f all recorded crim es that are
sh ow n a s detected accordin g to the ru les ou tlin ed ab ove. B ecau se
so m e ty p e s o f detection d o not lead to an offen der b ein g brou gh t
to ju stice, the go v ern m en t in trod u ced a n ew m e asu re in 2004, the
san ction ed detection rate. A san ction ed detection is one w h ere an
offen der h as been ch arged or su m m o n se d , h a s h ad a fixed pen alty
notice issu e d or h a s h ad the offence taken into co n sid eration b y a
court. In other w o rd s, the offen der h a s faced a san ction of so m e so rt
(T h om as an d Feist 2004: 104).
In the five y ears betw een 2002 an d 2006 the n u m b er o f crim es
detected, by w h ichever m easu re, by the p olice in E n glan d and
W ales n ever ro se m u ch b ey o n d a qu arter o f all crim es. Table 8.1 w a s
co m p iled from the an n u al Home Office Statistical Bulletin: Crime in
England and Wales.
Table 8.1 D e tectio n s for all crim e ty p e s 2001-2006
0 1 /0 2 0 2 /0 3 0 3 /0 4 0 4 /0 5 0 5 /0 6 0 6 /0 7
A ll d ete ctio n s 1,291,396 1,389,314 1,394,016 1,441412 1,515,978 1,475,436

San ctio n e d
d ete ctio n s 1,157,091 1,323,757 1,393,596
D etectio n rate 23 24 23
San ctio n e d
detection
rate 21 24 26
C rim e s 5,525,361 5,898,560 5,934,580 5,640,573 5,556,513 5,428,273
A closer exam in ation o f the statistics sh o w s that so m e ty p es of

crim e h a d a consistently h igh er detection rate co m p ared to others.
Table 8.2 w a s co m p o se d from the sa m e so u rces a s Table 8.1 an d
sh o w s the detection rates of a selected n u m b er of crim e types.
It m u st be rem em b ered that not all of those ch arged w ith an
offence w ill be convicted of it. In 2007, 16 p er cent of those ch arged
w ith an offence that can be tried at a m a g istra te s' co urt h ad the
198
T ab le 8.2 D etections rate for selected crim e ty p es 2001-2006
0 1 /0 2 0 2 /0 3 0 3 /0 4 0 4 /0 5 0 5 /0 6 0 6 /0 7
H om icid e 86 87 92 94 81 *
W ounding 59 55 52 41 44 *
R ap e o f a fem ale 41 36 31 25 25 25
R obbery 17 18 18 17 17 18
B u rglary 12 12 13 12 13 14
U n au th o rised takin g
o f a m otor vehicle 13 13 13 12 13 16
H an d lin g stolen g o o d s 92 89 87 88 91 *
Trafficking in
controlled d ru g s 93 93 91 88 89 *
^C h an ges in rep ortin g form at m ean s that som e figu res are no lon ger
co m p arab le to p re v io u s years.
charges d ropp ed before court or were found not guilty after a trial.
For those offences that can be tried at C row n C ourt the figure w as
22 p er cent (CPS 2007: 86). The detection rate therefore ten ds to
overstate the num ber of crim es where som eone is eventually found
guilty at court.
P a tte rn s o f detection
There is a general pattern to detections which h as been term ed the

Triage M odel (Eck 1982). U sin g data from U S b u rglary and robbery
investigation s, Eck found that the investigation p rocess im plicitly
d ivid es crim es into three gro u p s (1983: 224):
1 T hose that can be solved because of the circum stances in which they
are com m itted, for exam ple offenders are identified b y a w itness
or leave fingerprints at scenes (which he called the C ircum stance
Result H ypothesis).
2 T hose that can be solved with a reasonable am ount of investigative
effort on the p art of the police, for exam ple by follow ing up a
description of the offender, or searching for those with sim ilar
M O s (which he called the Effort R esult H ypothesis).
3 T hose that cannot be solved because there is no inform ation upon
which the police can b ase an investigation.
199
A lth ough E ck 's triage m o del w a s d e v e lo p e d in relation to offen ces of

bu rglary an d robbery, it se em s to d escrib e w ell the pattern that can
be identified in the detection of m o st ty p es o f crim e. For exam p le, in
h is stu d y o f h om icid e in vestigation in E n glan d , Innes (2003) noted
that c a se s co u ld b e d iv id e d into the 'self so lv e rs', w here all the
inform ation n eed ed to detect that crim e w a s a v ailab le to in v e stigato rs
from the ou tset, an d 'w h o d u n its', w here in v e stigato rs h ad to w ork
h ard to locate an d gath er inform ation , an d so m e o f these w h o d u n its
rem ain u n d etected. But, w hile the triage m o d el ex p la in s a w idely
reco gn ised p attern, it d o e s not exp lain how in d iv id u a l crim es com e
to be detected or w h y so m e crim e ty p es h ave a h igh er detection rate
than others. For that exp lan atio n w e need to look at so m e gen eral
an d so m e sp ecific factors.
G e n e r a l fa c to rs
Three gen eral factors determ in e the p attern o f detection iden tified in
the triage m odel: the law, inform ation profiles, and priority.
Law
C h ap ter 3 exp lored how the p o in ts to p rove differ b etw een offen ces
an d how this im p acts on the ty pe of m aterial that in v e stigato rs m u st
gath er in ord er to p rove that so m eo n e is gu ilty of an offence. The
identity o f the su sp e c t an d their connection to the offence m u st be
p ro v e d in all cases. In p ractice it is ea sie r to gath er the m aterial
n eed ed to satisfy the p o in ts to p ro v e in so m e offen ces than in others.
For exam p le, the central p oin t to p ro v e in m u rd er is that so m eo n e
w a s u n law fu lly killed. There are so few circu m stan ces w hen it
is law fu l to kill so m eo n e that the first of these p resen ts very little
difficulty in practice. By contrast, the central p oin t to p ro v e in rap e
is that se x u a l intercou rse took p lace w ith ou t the consen t of the
victim . Sexu al intercou rse w ith a con sen tin g a d u lt is not illegal an d
so m erely p ro v in g that it took place is not en ou gh ; the difficult p art
is p ro v in g that it occurred w ith ou t the consen t of the victim . The
m aterial u sed to d o this is m ainly the testim o n ies of the victim and
the su sp ec t, w hich m ay p ro v id e conflicting accou n ts o f consent. A s
su ch acts are rarely w itn e ssed , it is often difficult to gath er m aterial
that co rrob o rates one or other o f the accoun ts. There are occasion s
w h ere forensic or m ed ical m aterial can p ro v id e su p p o rt to one of the
accou n ts, b u t these are not com m on an d are rarely conclu sive. A s a
con sequ en ce, rap e is co n sid ered a difficult offence to detect.
200
It can be seen that the w ay in w hich legislation is d rafted m ean s

that there are differen ces in the p o in ts that in v e stigato rs h av e to
p rove, an d these lead to differen ces in the ty pe o f m aterial they m u st
gather. T h ese differences are one p art o f the exp lan atio n of w hy so m e
crim es are m ore likely to be so lv e d than others.
Inform ation profiles
In C h ap ter 4 the relation sh ip betw een the modus operandi of a crim e

an d the inform ation p rofile that it gen erates w a s exam in ed . The type
o f b eh av io u r that is co n sid ered crim inal is very varied . For ex am p le,
traffickin g in controlled d r u g s in vo lv es a w h olly different ty pe of
b eh av io u r than stealin g a car an d the w a y in w hich in d iv id u a ls go
ab o u t each one w ill differ greatly a s w ell. T h ese differences betw een
ty p e s o f o ffen d in g an d the w ay in w hich in d iv id u a ls go ab o u t
com m ittin g them le a d s to b ig v ariatio n s in the inform ation p rofiles that
are gen erated , an d this im p acts on the ease w ith w hich offen ces are
detected. A s a gen eral but b y no m ean s u n iversal rule, th ose offen ces
w here there is contact betw een victim s an d o ffen ders w ill often lead
to inform ation ab o u t the o ffe n d e r's identity b ein g gen erated. Th is
co u ld be b ec a u se the victim alread y k n o w s the offen der or b ecau se
they can at least p ro v id e in v e stigato rs with a descriptio n and so m e
contextu al in form ation that m ay en able them to be identified. On
the other h an d , m an y p rop erty offen ces, su ch a s vehicle crim e an d
burglary, d o not u su ally in volve a lot of contact betw een v ictim s an d
offen d ers an d so reports o f these ty p es o f crim e rarely contain any
m aterial concern in g the identity o f the offender.
A noth er factor that can affect the inform ation profile is how
sp o n tan e o u s the crim e is. M an y a ssa u lts are sp o n tan e o u s inciden ts
that arise ou t of routine so cial interaction an d so occur at tim es and
in location s w here o ffen d ers h ave little control over the p resen ce of
w itn e sses, C C T V cam eras an d other inform ation so u rces that can lead
to their identification. They m ay a lso a d o p t m e th o d s o f attack that
lead to the gen eration o f forensic m aterial that can help to identify
them , for exam p le p ick in g u p im p lem en ts to u se a s w e a p o n s and
leav in g fin gerprin ts on them . Vehicle crim es an d b u rglarie s m ay also
be sp o n tan e o u s in that o ffen d ers com e acro ss an o p p o rtu n ity an d
exp loit it. But the d y n am ics o f this sp o n tan e o u s exp loitation of an
o p p o rtu n ity are qu ite different from those o f an assa u lt. O ffen ders
are m u ch m ore likely to a ss e s s if w itn e sses are p resen t an d to take
other b asic m e a su res to redu ce the inform ation profile, su ch a s
w earin g g lo v e s or so ck s on their h a n d s to redu ce the ch ances of
leavin g fin gerprin ts.
201
A very rough and read y rule can be p o sited , that if all other
factors are eq u al, an d a s w ill be seen below they very often are not,
sp o n tan eo u s o ffen d in g an d a p rio r relation sh ip b etw een the victim
an d offen der w ill lead to a richer inform ation p rofile than w hen
the offence is p lan n e d an d there is no p rio r relation sh ip betw een
the victim an d offender. A richer in form ation profile d o e s not m ean
sim p ly m ore inform ation , alth ou gh that w ill be one elem ent. There
w ill a lso be m ore ty p es o f inform ation , su ch a s fin gerprin ts, w itn e ss
accoun ts, CCTV, forensics, and the in form ation will be distrib u ted
m ore w idely. T h is rich ness o f inform ation in creases the in v estigativ e
op p o rtu n ities an d m ak es it m ore likely that in v e stigato rs w ill gath er
the in form ation n ecessary to so lv e the case.
Priority
The resou rces to in vestigate crim e are gen erally lim ited an d so
ch oices h ave to be m a d e ab o u t w hich on es h av e priority. A n u m b er of
m ech an ism s are u se d to d o this an d these w ere ex p lored in C h ap ter
3. M ore reso u rces are allo cated to those crim es that are co n sid ered
to be a higher priority, an d w h ere both the p u b lic an d the p olice
view o f priority coin cide, a s in a h o m icid e, in v e stigato rs gen erally
a lso receive a great deal m ore su p p o rt in the form o f inform ation
from the co m m u n ities w h ere the crim es occur. T h is h igh er level
o f resou rces an d in creased inform ation m ak es it m ore likely that
high-priority crim es are detected. By con trast, crim es that are not
co n sid ered high p riority b y either the p olice or the p u b lic tend to
receive few resou rces an d little inform ation , and a s a con sequ en ce
are less likely to be detected.
The modus operandi an d in form ation p rofiles, the w a y in w hich
legislation is drafted and the p olicy that the gov ern m en t and police
o rg an isa tio n s a d o p t in relation to crim in al in vestigation all p la y
im po rtan t roles in determ in in g w h y so m e ty p es of offence are
detected m ore often than others. But even w here the p o in ts to p ro v e
are relatively straig h tfo rw ard , the in form ation profile rich, an d the
p riority given to the in vestigation is high, a s is the case for m urder,
so m e in d iv id u a l offen ces still rem ain u ndetected. In con trast so m e
ra p e s, w h ere the p o in ts to prove are difficult, the inform ation profile
often p o o r an d the p riority is less than h om icide, d o get detected. So
w h ile these gen eral factors h ave so m e effect, there are clearly other
influences in in d iv id u a l cases that can determ in e w h ether or not a
crim e is so lv ed , an d it is to these that w e now turn.
202
S p e c ific fa c to rs
The sp ecific factors that influence the o u tcom es of in d iv id u a l cases

relate to the b eh av io u r o f three key g ro u p s: offen d ers, w itn e sses
and in vestigators. The w ay that each o f these g ro u p s b eh av es
after a crim e is co m m itted d eterm in es w h ether or not the m aterial
contain ed in the inform ation p rofile is gath ered b y in vestigators.
T h ese three g ro u p s sit in a co m plex relation sh ip w ith each other.
K ey to u n d erstan d in g how inform ation m o v es b etw een them is to
think of them a s either tran sm itters of inform ation , or receivers of
inform ation .
In 1970, W illm er a p p lie d the p rin ciples of in form ation theory to
the in vestigation o f crim e. Inform ation theory is concerned with
the m ath em atical stu d y o f inform ation an d how it is transm itted.
W illm er exp lored how this co u ld b e a p p lie d to the in vestigation
o f crim e by exam in in g how inform ation w a s gen erated d u rin g the
co m m issio n o f an offence an d how it cam e to be tran sm itted to the
police. Th is led him to ch aracterise the in vestigation p ro ce sse s a s a
battle ov er inform ation betw een offen ders, w h o w ill seek to m in im ise
the a m o u n t o f in form ation they transm it, an d the police, w h o w ill
seek to m ax im ise the am o u n t they receive (W illm er 1970: 53). W hat
is central to W illm er's m o d el is the m o tivation o f o ffen d ers to inhibit
the tran sm issio n o f inform ation to the police. N o t all are eq u ally w ell
m o tivated .
W hen one look s at the w h ole sp ectru m of the crim inal com m u n ity
it can be seen that at one extrem e there are o ffen d ers w ho
a p p e a r to m ak e v ery little effort to m in im ise the sig n a ls they
em it ... In co m plete co n trast are [those w ho] p lan and execute
their crim es w ith great care an d th oro u g h n ess to en su re that the
p olice obtain as little u sefu l inform ation ab o u t their activities
a s p o ssib le. Betw een these extrem es lie the v a st m ajority of
crim in als. (W illm er 1970: 53)
The skill an d ability of o ffen d ers to inhibit the tran sm issio n of

in form ation to the police w ill a lso v a ry a n d there w ill b e occasion s
w here chance p la y s a p art (1970: 68).
W illm er co n sid ers the p olice to be the receivers of inform ation.
W hat is im po rtan t from their p oin t o f view is to m axim ise the
a m o u n t o f inform ation they receive a b o u t the crim e by a d o p tin g the
best in v e stigativ e strate gie s an d tactics.
203
W illm er offers a u sefu l w ay o f thinking ab o u t the factors that

influence the o u tcom es of in vestigation s: offen der b eh av io u r can
be v iew ed in term s o f the d egree to w hich it facilitates or inhibits
the tran sm issio n o f inform ation to in v estigato rs, w hile in vestigator
b eh av io u r can be v iew ed in term s o f the d egree to w hich it facilitates
or inhibits the reception o f inform ation . A lth ou gh W illm er d id not
co n sid er the role o f w itn e sses in h is m o d el, it can be seen that the
sa m e facilita to r/in h ib ito r m o d el can be u sed to co n sid er the w a y in
which their b eh av io u r im p ac ts on the detection of a crim e.
Offenders
The am ou n t of inform ation o ffen ders gen erate d u rin g the co m m issio n
o f the offence, and its relation sh ip to detection, h as alread y been
d isc u sse d . O ffen ders can also influence detection by their b eh av io u r
after the offence, w hich can either inhibit the tran sm issio n of
inform ation to in v e stigato rs or facilitate it.
Inhibiting behaviour
O ffen der b eh av io u r after the offence can inhibit the tran sm issio n of
in form ation to in v e stigato rs b y the follow in g m ean s:
• D estroy in g m aterial
• C on trollin g v ictim s an d w itn esses
• F alsify in g m aterial
• W ithholding m aterial.
Destroying m aterial
E ven w h ere they h av e gen erated large am o u n ts o f inform ation d u rin g
the co m m issio n of a crim e, o ffen d ers m ay be able to d estro y it. For
exam p le, it is not u n co m m o n for o ffen d ers to attem p t to clean scen es
or to bu rn stolen veh icles w ith the intention of d e stro y in g forensic
an d fin gerprin t m aterial.
Intim idating a n d controlling victims a n d w itnesses

In tim idation an d control o f w itn e sses can take m an y form s; m o st
in vo lv e p u ttin g them in fear o f the co n seq u en ces o f transm ittin g
in form ation to in v estigato rs. It can be violen ce, social cen sure, fam ily
or relation sh ip b reak-up. W hatever form it takes, it in v o lv es offen d ers
controlling those w ith inform ation ab ou t the crim e in su ch a w ay a s
to p reven t them from tran sm ittin g it to in vestigators.
204
Falsifying m aterial
O ffen ders are able to falsify m aterial in a n u m b er o f w a y s, the m o st
co m m on b ein g sim p ly to lie ab o u t a p articu lar issu e to p reven t a
crim e bein g d iscovered or to p reven t th em selves from b ein g identified
a s the offender. O ffen d ers can falsify m aterial w hen they are in a
p ositio n to control the flow of inform ation to in vestigators. T h ose
w ith p o w e r o v er their victim s or the en viron m en t w here the crim e
is com m itted are often in a stro n g p ositio n to d o this. For exam ple,
those carin g for children at hom e control the en viron m en t an d h ave
a g re at d eal o f p o w e r o v er those in their care. If they a ssa u lt a
child, they m ay seek m ed ical assistan ce for the child b u t lie ab o u t
the circu m stan ces in w hich the injury occurred. They are able to do
this b ecau se there are gen erally no w itn e sses an d the child is either
too y o u n g to giv e an account or can be p e rsu a d e d to giv e a false
account. W hen o ffen d ers w ork in closed in stitution s su ch a s ch ild ren 's
h o m es, p riso n s, p olice statio n s or arm y b arrack s, the o p p o rtu n ity to
control both the en viron m ent an d the victim in su ch a w ay a s to
falsify m aterial is in creased. H ow ever, it can occur in any context
an d can be acco m p an ied b y in tim idation of victim s an d w itn e sses,
a s d isc u sse d above.
O ffen ders can falsify m aterial to p reven t th em selves from b ein g
identified a s the offen der by lyin g ab o u t a sign ifican t fact, for ex am p le
that they w ere n ot in a p articu lar location at the tim e of the offence
or w ere not w e arin g p articu lar clothing. A m ore elab orate w a y is to
construct a false alibi, w hich can ran ge from the sim p le claim to h ave
been at hom e w atch in g television at the tim e o f the offence, to the
construction o f a co m plex w eb of false w itn e sses w h o claim to h ave
been with the offen d er in anoth er location at the relevan t time.
F alsify in g inform ation to p reven t them from b ein g iden tified a s the
offen der gen erally takes p lace once p eo p le h av e been identified a s a
su sp ect. W hen in terview ed they m ay ch oose to exercise their right
not to an sw e r q u estio n s p u t to them b y in v e stigato rs (see below ). Or
they m ay ad m it the offence. Betw een these tw o extrem es are a great
m an y o p p o rtu n ities to p resen t false inform ation . S om eon e w h o h as
com m itted a b u rg la ry an d been cau gh t w ith the stolen p rop erty m ay
ad m it to h an d lin g it, k n o w in g it to be stolen, b u t m ay den y b ein g the
burglar. They m ay ad m it an offence b u t p u t forw ard m itigation , for
ex am p le that they w o u n d e d the victim b u t only b ec a u se they w ere
d e fen d in g th em selves from an attack by the victim .
W hat in v e stigato rs w ill not know is w h o is ly in g an d w h o is telling
the truth. T h is sh o u ld not m atter, a s in v e stig a to rs sh o u ld exp lore all
these re sp o n se s thoroughly to gath er inform ation that w ill en able a
205
court to test the credibility of the su sp e c t's account. It sh ou ld also

be born e in m in d that, like victim s a n d w itn e sses, o ffen d ers m ay
h av e gen u in ely faulty m em ories a s a co n sequ en ce o f the cognitive
p ro ce sse s d isc u sse d in C h ap ter 4.
W ith hold ing m aterial

O ne of the m o st o b v io u s w a y s in w hich an offen der can inhibit the
tran sm issio n o f in form ation to in v e stig ato rs is b y w ith h o ld in g it
when in terview ed a s a su sp ect. In m o st coun tries, in clu d in g E n gland
an d W ales, this is a p erfectly leg a l thing to do. A lo n g-stan d in g
legal doctrine sta tes that no one is ob liged to incrim inate th em selves
d u rin g an in vestigation . It is u p to the p rosecu tion to p u t its case
togeth er an d if the offen der d o e s not w ish to a ssist then that is their
right. H ow ever, from a p u rely technical p oin t o f view , w ith h old in g
inform ation w hen in terview ed can be v iew ed a s inh ibitin g behaviour.
It is n atu rally difficult to k now how often o ffen d ers w ith h old
in form ation in this way. G u d jo n sso n (2007: 476) reports that abou t
60 p er cent o f su sp e c ts in terview ed by the p olice co n fess to their
in volvem en t in the crim e to so m e degree. W hat is not know n is w hat
p rop ortio n o f the 40 p er cent w h o d o not co n fess are o ffen d ers w ho
h av e m ad e a decision to inhibit the tran sm issio n o f in form ation by
not co n fessin g , an d how m an y are innocent an d are either p ro v id in g
in v e stig ato rs w ith a true accoun t or are rem ain in g silen t b ecau se
they h ave d e cid e d that their b est ch ance o f b ein g fo u n d innocent is
to exercise their right to d o so. H ow ever, there h av e been sufficient
in stan ces w here o ffen d ers h ave d en ie d offen ces, or h ave exercised
their right to rem ain silent, b u t h ave su b se q u en tly p le a d e d or been
fou n d guilty, to identify w ith h o ld in g inform ation in this w ay a s a
strate gy for inh ibitin g the tran sm issio n o f inform ation .
Facilitating behaviour
O ffen ders can facilitate the tran sm issio n o f inform ation to in v e stigato rs
after the offence b y ad m ittin g the offence to others or th rough the
incom peten t execution of so m e act w hich incrim in ates them.
Adm itting the offence to others

M an y o ffen d ers w ill tell so m eo n e o f their in vo lv em en t in a crim e.
They m ay co nfide in relatives, frien d s an d a sso ciates, or ow n up
to in v e stig ato rs w hen they are in terview ed ab o u t the offence. O ne
stu d y into h om icid e in vestigation fou n d that in 25 p er cent o f cases
exam in ed o ffen d ers w ere know n to h ave co n fided in so m eo n e after the
206
killing (Stelfox 2006: 79). M an y o f these ca se s in vo lv ed o ffen d ers and

victim s w h o w ere k n ow n to each other an d w h ere the death w a s not
the inten ded ou tcom e o f the assa u lt. Th is m ay not b e represen tative
o f crim e in gen eral an d it is not know n how often those w h o com m it
other ty p es o f offen ces confide in som eon e. But to the extent that it
d o e s h a p p e n it facilitates the tran sm issio n o f inform ation ab o u t the
crim e.
The m ain w a y in w hich o ffen ders facilitate this tran sm issio n of
in form ation to in v e stigato rs is w hen they are b ein g interview ed a s
su sp ec ts. It is a com m on ly h eld m iscon cep tion that o ffen d ers w ill try
to inhibit the tran sm issio n of inform ation w hen interview ed, w h ereas
the reverse is the case. A s n oted ab ove, G u d jo n sso n (2007: 476) reports
that ab o u t 60 p er cent d o co n fess to their in volvem en t in the crim e.
In co m pe ten ce
A ttem p ts to d estro y in form ation or inhibit its flow to in v e stigato rs
can be a h igh-risk strate gy for offen ders. In one case the offen der
m u rd ered h is girlfrien d an d set fire to her body. In an ap p aren t
attem p t to d istan ce h im self from the scene he told se v e ral p eo p le false
v e rsio n s o f w here he h ad been at the tim e o f the offence. H ow ever,
the incon sisten cies in these v a rio u s v e rsio n s w ere so great that he
w a s im m ed iately su sp ec ted of b ein g the killer.
A m ore so p h isticated attem p t to redu ce the am o u n t of in form ation
gen erated by an offence w a s p ro v id e d b y the case o f H aro ld S h ip m an ,
a local fam ily doctor w h o killed 214 o f his p atien ts ov er a n u m b er of
y ears. H e a d o p te d a variety of tactics for inh ibitin g the tran sm issio n of
in form ation ab o u t the crim es. A m o n g these w a s attrib u tin g the cau se
o f death o f his victim s to a pre-existin g m ed ical condition w hich w as
consistent w ith their su d d e n death an d the circu m stan ces in w hich
they w ere fou n d , m o st often in their ow n h o m es d u rin g the daytim e.
T h is cau se of death w a s co m m u n icated to fam ilies in a p e rsu a siv e
m an n er an d w a s recorded on the d eath certificate. H e then altered
the p atien ts' co m p u terised m edical n otes to m ak e them consistent
w ith the cau se o f death he h ad entered on the death certificate. So
su cc essfu l w a s he that his activities d id not com e to light for m any
y ears an d to this extent h is inhibiting b eh av io u r co u ld be co n sid ered
to h ave been h igh ly su ccessfu l. H ow ever, u n b ekn ow n to him , his
co m p u ter m a d e an a u d it trail of the ch an ge s he m ad e to patien t
records an d , significantly, the d a te s on w hich he m a d e them . Th is
w o u ld not h av e been a p p a ren t to an yon e m ak in g c a su a l en qu iries
o f the records. But, once it w a s su sp ec ted that he w a s com m ittin g
207
h o m icid es the a u d it trail created by the co m p u ter facilitated the

tran sm issio n o f in form ation to the p olice a n d this en ab led them to
dem o n strate that the falsification s to p atien t records h ad occurred
after the d e ath s o f victim s, w hich w a s highly incrim inating.
T h ese ca se s illu strate tw o poin ts. First, that the o ffe n d e r's
com peten ce in carry in g ou t inhibiting b eh av io u r is a factor that
can influence the o u tcom es o f in vestigation s, an d secon d , that even
w here su sp e c ts h av e a h igh ly su cc essfu l inhibiting strategy, it can
u n d er certain circu m stan ces p ro v id e a rich so u rce of inform ation for
in v e stig ato rs once it is uncovered.
Victim, witness a n d inform ant behaviour
W illm er did not in clu de the role o f w itn e sses in his m o d el, b u t it
can easily be seen how they gain their inform ation , a s w itn esses
either to the crim e itself or so m e sign ifican t even t before or after. The
ch oices they then m ak e ab o u t w h at to d o w ith that inform ation can
either facilitate or inhibit the tran sm issio n o f it to in vestigators. The
im portan ce o f inform ation from victim s, w itn e sses an d in form an ts
(often referred to in this context a s 'the p u b lic') h as been fou n d to be
crucial in b rin g in g o ffen d ers to ju stice (B anton 1985; B ottom ley an d
C olem an 1981; B u rro w s and Tarling 1987 for the U K literature; and
G reen w o od et al. 1977 for the U S).
O b v io u sly the m ain w ay in w hich victim s an d w itn e sses facilitate
the detection o f crim e is by reportin g it to the p olice in the first
place. A s a gen eral rule, no one is ob liged to report a crim e to the
police. There are so m e excep tion s in relation to terrorism offen ces
an d m on ey-lau n derin g, b u t by an d large the law tak es the view that
p eo p le are able to m ak e a free choice on h ow to d e al w ith crim e they
h av e been the victim of or h ave w itn essed . N o one k n o w s how m uch
crim e is com m itted in any one year b u t w h at is certain is that a great
d eal of it is n ever reported to the police. Th is m ay b e b ec a u se o f one
o f the follow ing:
• No one knows that a crime has been committed. For exam p le, it is
know n that a great d eal o f stock g o e s m issin g from sh o p s and
b u sin e sse s each year, b u t on m an y occasio n s no one is aw are of
sp ecific in stan ces w hen it is stolen. It is know n that em p lo y ees
often u se co m p an y resou rces in w a y s that co u ld be in terpreted a s
crim in al if a strict interpretation o f the law w a s a p p lie d . M an y
em p lo y e rs either d o not know this is h a p p e n in g or ch oose to
ignore it. There is u n d o u b te d ly a great d eal of crim e o f these ty p e s
208
w here victim s are u n aw are o f the in d iv id u al offen ces and so are

not in a p ositio n to report it.
• Victims are aware of the offence, but choose not to report it. A great deal
o f crim e occurs betw een p e o p le w h o are k n ow n to each other an d
w h o ch oose not to in volve the p olice in re solvin g w h at they b elieve
to be a fam ily or in terperso n al p rob lem rather than a crim e. For
exam p le, p aren ts w h o find a teen age child stealin g from them are
unlikely to in volve the police. A noth er reason for not reportin g a
crim e m ay be that the victim b eliev es it to be trivial an d not w orth
reportin g. The m o st w o rry in g cases o f n on-reportin g are w h en a
victim is in a relation sh ip with the offen d er that d o e s not give
them the o p p o rtu n ity to report the crim e, a s w ith child a b u se, or
w here they are p u t u n d er p ressu re not to report it, a s m ay h ap p en
w ith d o m estic ab u se. It m ay a lso be that victim s w an t to report a
crim e b u t h av e no confidence in the police, for exam p le w h en the
p olice relation sh ip w ith a p articu lar com m u n ity is p o o r or w here
victim s believ e that in v e stigato rs w ill not b elieve them or take
their concern s seriously.
• The crime is victimless. V ictim less crim e is a term u se d to describ e

those o ccasion s w h ere the offence is a g a in st p u b lic p olicy rather
than an in d iv id u a l, for ex a m p le d e alin g in and u sin g controlled
d ru g s, an d illegal gam b lin g . A ll in v o lv ed in su ch activities are
gen erally b eh av in g illegally an d d o not view th em selves a s victim s
(alth ou gh m an y w o u ld a rg u e that those ad d icted to d r u g s or w ho
h av e a g a m b lin g prob lem are victim s o f the o rgan ise d crim in als
in vo lv ed ). A s a co n sequ en ce, there is gen erally no one m o tivated
to report the offence to the police.
W hen the police d o know o f crim es, either b ecau se they h ave been
reported or b ec au se the p olice th em selves h av e d isco v e red them ,
inform ation from the p u b lic is crucial to the in vestigation . W hile
there is no d o u b t that the m ajority o f w itn e sses p ro v id e in form ation
sp o n tan eo u sly an d w illin gly to the p olice, it is know n that in so m e
in stan ces m an y d o not. The British C rim e S u rv ey (2000) fou n d that
only 15 p er cent o f w itn e sses to a se rio u s fight or a ssa u lt reported it
to the police, w h ile 12 p er cent o f re sp o n d en ts sa id that even if they
w ere su re that an incident w a s a h om icid e they w o u ld not report
it to the p olice (Spen cer an d Stern 2001: 36). The re aso n s for this
reluctance w ere exam in ed in recent research into w itn e ss p articip ation
in the crim inal ju stice sy stem , w hich con clu ded:
209
We know that, in p ractice, a com plex ran ge o f factors determ in e

w h ether a w itn e ss d o e s in fact d ecid e to com e forw ard , of
w hich the n ature o f the circu m stan ces o f the offence is only one.
R esearch su g g e sts that there are fou r a d d itio n al re aso n s w hy
w itn e sses can be reluctant to report w h at they know, to g iv e a
statem en t an d giv e ev id en ce in court. The w itn e ss m ay:
• fear retribution from the su sp e c t or their asso cia tes

• be an x io u s ab o u t the exp erience they will have in the crim inal
ju stice sy stem
• be h ostile to or d istru st the p olice an d the w ay they m a y h an dle
the case
• be u nw illin g th rough lack of interest or disin clin ation to allocate
the tim e, or for practical re aso n s su ch a s lo ss o f p a y w hile
atten d in g court.
Such reaso n s, w hether co n sid ered or su b co n scio u s, m ay o f co u rse

ov erlap : anxiety a b o u t reaction from the su sp e c t or n eigh b ou rs,
co u p led w ith u n ease ab ou t w h at w o u ld be exp ected in court,
can be reinforced by the p ressu re o f other co m m itm en ts and
lack o f inform ation ab o u t how to report the offence an d w h at
w o u ld be en tailed. (Spen cer an d Stern 2001: 40)
Police experience is that m an y w itn e sses w ill not sp o n tan eo u sly

com e forw ard bu t will p ro v id e inform ation if they are located and
interview ed.
The crim in ological literature sh o w s that m an y crim es are
com m itted in circu m stan ces w h ere the offen der k n o w s the victim . It
se em s p la u sib le that in these circu m stan ces m an y of the w itn esses
m ay a lso know the offen der an d victim , an d it m ay then b e that
fam ily loyalty or frien d sh ip p resen ts w itn e sses w ith a d ilem m a ab ou t
w h ether or not to p ro v id e in v e stigato rs w ith inform ation . In so m e
cases fear o f the offen der will no d o u b t be a factor. The literature
su g g e sts a furth er exp lan atio n , that so m e w itn e sses an d in form an ts
w ill not n ecessarily view the incident a s m eritin g crim in al sanction
an d this m ay influence their choice o f action in the even t of b ein g
w itn e ss to a crim e.
A n in sigh t into the circu m stan ces in w hich su ch a situation
m igh t arise is p ro v id e d by B rookm an (2000: 231) w h o in terview ed
m en se rv in g p riso n sen ten ces in the U K for h o m icid e an d for
se rio u s non-lethal violence. They d escrib ed life histories w here they
h ad been su bject to violen ce a s children, p red om in an tly b y fath ers
210
and stepfathers, and had grow n up in n eighbou rhoods where the

use of violence w as an establish ed strategy for dealin g with som e
types of conflict. A s they grew older they w ere en couraged to ado pt
this strategy them selves by fam ily m em bers and peers. A s adu lts
they tended to socialise with others from sim ilar back gro u n ds and
in such situation s a violent response to perceived threats carried
a high social value. Such confrontations could occur in public
sp aces, p u b s being a particularly com m on but not exclusive location.
Alcohol often app eared to be a contributory factor. Brookm an
concluded:
W hat seem s to be of particular im portance is the gathering

of gro u p s of y ou n g m en and the role of an audience, all of
which intensifies so m e m en 's need to respond to a challenge
to m asculinity. A s such socialisation p atterns w ould a p p ear to
play an im portant contributory role in som e form s of m asculine
hom icide. (Brookm an 2000: 292)
O thers have also noted the role an audience can play in en couragin g
violence in situation s of social friction (Polk 1994: 68). This su g g e sts
tw o factors that m ay influence w itn esses' choices. First, in som e cases
m em bers of an audience m ay feel com prom ised in that they have
en couraged or at least tacitly condoned the use of violence by the
offender. Second, they m ay actually view the use of violence a s an
app rop riate response to the situation and thus be less w illing to co
operate with the police.
In addition to w ithholding inform ation, w itn esses havin g been
located can inhibit the transm ission of inform ation by lying to
investigators. It is not known how often this h ap p en s but it d o es occur.
W hatever their m otivation, w itnesses who lie can create significant
difficulties for in vestigators because they can distort investigators'
know ledge of the event, and p ossib ly lead them to take action that
m ak es it less likely that the crim e will be solved.
Investigator behaviour
Investigator beh aviour can be view ed in term s of the degree to

which it either facilitates or inhibits the receipt of inform ation
from offenders, victim s and w itnesses. This beh aviour is influenced
by the organisation within which in vestigators w ork and this w as
considered in C hapter 7. The organisational priorities, the resources
that are m ad e available to each investigation, the training investigators
receive, the quality of their su p ervision and the general culture of

their organisation - all w ill influence the w ork they do. H ow ever, the
practice of particular in vestigators in in d ivid ual cases will be highly
significant. The know ledge, skills and abilities they bring to bear on
a case will be highly influential in facilitating or inhibiting the receipt
of inform ation.
Failure on the p art of in vestigators to receive the inform ation
transm itted by an offender can have a num ber of cau ses. First, and
p ossibly the m ost obviou s, the crim e m ay be of a type that has been
assig n ed a low priority and as a consequence d o es not h ave a high
level of resources allocated to it (as d iscu sse d above). Even when
crim es are allocated for further investigation, resources available to
a particu lar unit or in d ivid ual investigator m ay be lim ited and so
a secon dary screening process m ay be u sed w hereby investigators
and their m an agers decide which of the cases allocated to them
w ill receive the m ost attention. D ecisions are u su ally b ase d on
such factors a s ju dgem en t about the opportun ities to detect the crim e
and the relative priority a crim e type h as within the unit. In cases that
are given a low priority and low resource allocations, investigators
w ill sim p ly not seek to be receivers of inform ation, or their sm all
resource allocations will m ean that they can only ap p ly a few basic
techniques in the hope that they will lead to the quick recovery of
m aterial; but if they do not, no further investigative effort will be
m ade.
The second w ay in which investigators can fail to receive
inform ation transm itted by offenders is through either failures of
decision-m aking or the inadequ ate im plem entation of the techniques
of investigation. These failings can occur at either organisational or
p erson al levels. O rgan isation al level failures generally result from
inadequ ate procedu res or insufficient resource allocation. In dividual
failin gs result from poor training, failure to u p d ate skills or lack of
m otivation. O rganisational an d in d ivid ual failings a p p ear to w ork in
tandem , and often cases that have been the subject of public inquiries
have revealed inadequate p rocedu res and m an agem en t lead in g to
p oor decision-m aking on the part of the individual. Public inquiries
into failed investigation s are very rare and so m ay not represent
w hat is typical, but the com bination of organisational and p ersonal
failings is found so frequently that they do seem to provide an insight
into the types of problem that can occur. The tw o cases in Table 8.3
illustrate the point.
W hat these cases show is that where failed investigation s have been
subject to scrutiny, poor decision-m aking and the failure to adequ ately
212
Table 8.3 O rg an isatio n al an d p erso n al failin gs
C a se n am e O rg an isatio n al failin g P erson al failin g
V ictoria N o form al sy stem for Poor d ecision -m ak in g in

C lim b ié screen in g an d allocatin g failin g to ad e q u ate ly a sse ss
the initial in form ation and
in stigate initial enquiries.
Poor train in g o f in v e stig ato rs
in ch ild a b u se cases. In ad eq u ate im plem en tation o f
child protection proced u res.
F ailu re to su p e rv ise the
in v e stig a to rs d u rin g the F ailu re to interview key
in vestigation . w itn esses.
F ailu re to check the P oor d ecision -m ak in g in

in v e stig a to rs' co n clu sion s clo sin g the case before
before the case w a s closed. a sse ssin g the m aterial that
w a s availab le.
H aro ld C a se allocated to an officer F ailu re to carry out

S h ip m a n w ith in ad eq u ate train in g an d in v estig ativ e p ro ced u res
experience. adequ ately.
F ailu re to su p e rv ise the officer Poor decision -m ak in g in

d u rin g the in v estig atio n s. relation to the m ean in g of
the m aterial gath ered.
F ailu re to check the

in v e stig a to rs' co n clu sion s
before the case w a s closed.
im plem ent investigative techniques rarely occurs in isolation from

poor m an agem en t and training. There are bound to be differences
in the know ledge, skills and abilities of investigators, an d a s with
all other occupational gro u p s som e in d iv id u als will be better at their
jo bs than others. Therefore, the w ay that in vestigative practice is
app lied in in d iv id u al cases is b ou n d to vary. This a p p ears to becom e
problem atic where m an agem en t structures that sh ou ld ensure that
cases are allocated to the app rop riate investigator, and are properly
su p erv ised , are them selves inadequate or poorly im plem ented.
A lthough poor practice and p oor m an agem en t are likely to im pede
the receipt of inform ation by investigators, the com bination of the
two together a p p ears to m ake it certain.
213
M o d e llin g the fa c to rs th a t influ ence d e te c tio n
There is no sin gle reason w h y an in d iv id u a l crim e is so lv e d or not.

The co n sid eration of the factors d isc u sse d in this ch apter sh o w s that
they are in a co m plex relation sh ip with each other and that a n um b er
o f factors h av e to com e togeth er to so lv e a crim e. The factors, an d the
w ay in w hich they influence the likelihood o f detection are sh ow n in
Table 8.4.
The m atrix en ab les u s to u n d erstan d how in gen eral so m e crim es are
m ore likely to be detected than others. W hether or not an in d iv id u al
crim e co m es to be detected w ill d e p e n d on a co m p lex in terplay of
all of the elem en ts, an d few crim es w ill fall p articu larly n eatly to one
sid e or the other o f this m atrix. In gen eral, offen ces o f m u rd er fall
to the left sid e o f the m atrix, w h ereas theft o f m o to r veh icles falls to
the right. A s a con sequ en ce, the detection rate for m u rd er is a lw a y s
ab o v e 80 p er cent, w h ile that for m o to r vehicle theft is a lw a y s below
15 p er cent. D esp ite this gen eral trend, how ever, in d iv id u a l m u rd ers
can rem ain und etected an d a sm a ll p ercen tage o f vehicle crim e is in
T a b le 8.4 F a cto rs in flu e n cin g the lik elih o o d o f d etection
M ore likely to Legal L e s s lik ely to

be d ete cte d b e d ete cte d
A lw a y s illeg a l A ctus reas N o t a lw a y s illeg al

E asily e sta b lish e d M ens rea D ifficu lt to e stab lish
In form ation
H igh V olu m e Low

N u m e ro u s T y p es Few
W ide D istrib u tio n N arro w
P olicy
H ig h P riority L ow
H igh R e so u rc e s Low
B e h a v io u rs
F acilitatin g O ffen d er In h ib itin g

F acilitatin g V ictim an d w itn e ss In h ib itin g
F acilitatin g In v estig ato r In h ib itin g
214
fact detected. W hat a p p ears to be m ost significant at this individual

level is the beh aviour of the vario u s actors, rather than the legal
drafting of the offence, the policy priority it h as or its inform ation
profile. If offenders, victim s and w itnesses facilitate the transm ission
of inform ation, and investigators facilitate its receipt, the offence is
likely to be solved irrespective of the other factors.
Applying the m odel
The m odel in Table 8.4 can be tested again st w hat is know n about
the detection of a num ber of offence types.
M u rd e r
The detection rate for m u rder is u su ally around 85 p er cent. This
relatively high detection rate is d u e to a n um ber of factors, including
the straightforw ard legal p rovision s, the rich inform ation profile that
is usu ally associated with m u rder and the high priority it receives
from both police and public.
The points to prove in an offence of m urder are not com plex. The
m ain difficulties arise in relation to the intention of the offender.
O ffenders m ay adm it to the killing but claim that the death of the
victim w as the unintended consequence of another act, such a s an
assau lt, or that at the tim e of the killing they w ere sufferin g from
an abnorm ality of m ind that dim in ishes their legal responsibility for
it. W here these argu m ents are su ccessful, offenders w ill be convicted
of offences such a s m an slaugh ter or infanticide, which carry lighter
sentences to reflect the lack of intent. Fam ilies of in d ivid ual victim s
often feel that a conviction for these lesser offences is inappropriate,
but the H om e Office classes them all as hom icide and so it m akes
little difference to the overall detection rate whether offenders are
convicted of m urder, m an slaugh ter or infanticide.
The circum stances in w'hich m urder is com m itted vary considerably,
and this is reflected in the different types of inform ation profile
generated by each one. For exam ple, the sp on tan eo u s killing of a
child by som eone w ho sh ou ld have been caring for it will lead to an
inform ation profile very different from that in the plan ned m urder
of a drug-d ealer by a rival. G enerally sp eak in g, sp on tan eo us offences
that m ay be com m itted in front of w itnesses or CCTV cam eras have
a higher probability of being detected than those that are planned.
M ost m u rders are the outcom es of sp on tan eo us assa u lts rather than
plan ned killings and so they can be expected to fall at the easier
end of the spectrum of investigation. Both the public and the police
215
gen erally treat m u rd er a s a high p riority which m e a n s that the p u b lic

are m ore p rep ared to p ro v id e m aterial than m ay b e the case in other
offence ty pes. Furth erm ore, the p olice allocate the level of exp ertise
an d reso u rces n eed ed to en su re that that m aterial is received
effectively an d u se d w ell.
Rape
The rap e o f a fem ale can be view ed a s a n a lo g o u s to h om icid e in
that both crim es are co n sid ered to b e se rio u s by both the pu b lic and
the police, both in volve contact betw'een the offen der an d the victim
that is likely to gen erate trace m aterial, both can be either com m itted
sp o n tan eo u sly or p lan n ed , an d both can in volve o ffen d ers w h o are
either know n to the victim or stran gers. It m igh t b e su p p o s e d that
the in vestigation of rap e w o u ld gen erally b e easier than that of
h o m icid e b ecau se the victim s are able to p ro v id e in v e stigato rs w ith a
great d e al o f inform ation ab o u t the offence, unlike h o m icid e victim s.
H ow ever, d e sp ite these sim ilarities and the se em in g a d v a n ta g e of the
v ictim 's accoun t, the detection rate for rap e is far low er than that for
h om icid e, at ab o u t 25 p er cent each year.
The large difference in detection rates is exp lain ed by three m ain
factors: legal; in form ation al, an d in v estigativ e practice. First, w ith few
excep tion s, se xu al intercou rse b etw een con sen tin g a d u lts is not an
offence; p ro v in g that intercou rse took p lace is a n ecessary step b u t is
o f itself in sufficient to prove rap e. M an y of those w h o are su sp ec ted
o f rap e ad m it that intercou rse with the victim did occur. The p oin t at
issu e is w h ether or not the victim co n sen ted, w h ich can be extrem ely
difficult to p ro v e to the sta n d a rd o f b ey o n d reason ab le d o u b t sim p ly
b ecau se there is often no other ev id en ce a p a rt from the accou n ts of
the victim an d the offender. W here a victim sa y s they d id not consent,
an d an offen der sa y s they d id , it is difficult for co u rts to determ in e
w hich version is correct. The legal doctrine that the accu sed m u st
be given the benefit of any d o u b t m e an s that in su ch circum stan ces
they are likely to be acq uitted. C h a n g e s in legal and in v estigativ e
p ractice h av e attem p ted to en su re that a s m u ch relevan t m aterial is
p u t before a court a s p o ssib le to help them determ in e w hich version
o f ev en ts is correct b u t p ro v in g an ab sen ce o f consen t rem ain s a
difficult area. E v id en ce of the im pact this h a s on the in vestigation
o f rap e is p ro v id e d b y a joint inspection carried ou t b y the H M IC
an d the H M C P SI into the reportin g an d p rosecu tion o f rap e. Th is
fo u n d that p olice reports sh ow that in ab o u t 80 p er cent of ca se s the
identity o f the su sp e c t is know n from the o u tset b ecau se they are
n am ed by the victim or are d isco v e red through in vestigation (H M IC
216
and H M CPSI 2007: 50). This indicates that the point at which rape
investigation s fail is not in identifying the su spect, but in gathering
the evidence to prove the offence.
Second, som e rapes, like som e hom icides, m ay be sp on tan eo us in
the sense that they are not prem editated and involve little planning.
But, unlike hom icide, in a sp on tan eo us rape there w ill be in all
probability no w itnesses or CCTV cam eras, and where the offence
is prem editated and planned the offender w ill m ake certain there
are no w itnesses. A s a result, the inform ation profile of rape is very
different from that of hom icides, w here there m ay be w itn esses and
CCTV im ages. With no other sources of inform ation available, the
inform ation profile of rape generally consists of victim and offender
accounts, which have been d iscu sse d above, and trace m aterial. The
value of trace m aterial to the investigation d ep en d s largely on the
level and type of contact betw een the victim and offender. But if the
offender adm its sexual intercourse, trace m aterial h as a very lim ited
role to play in determ ining the question of consent.
The third factor involves the provision of facilities for the
investigation of rape. G ood practice is to p rovide specialist facilities
and specially trained officers to investigate rape, which giv es the
unique level of su p p o rt that is required in such cases. But the H M IC
and H M C PSI (2007: 54) report found that there were w ide variations
betw een police forces in the provision of such resources. Even where
they exist, rape rarely attracts the size of investigation team or level
of expertise that is u su ally deployed to investigate a murder. This
m ay reflect the fact that the identity of the su sp ect is know n from
the outset in m any cases and so the level of activity required is
som ew hat less than in hom icide investigation s, but the fact rem ains
that m ost rap es are investigated by sin gle in vestigators w orking in a
general CID office rather than dedicated team s, a s w ould be the case
in hom icide.
Volume crime
The term 'volum e crim e' h as com e to be u sed by the police to
describe those theft offences and m inor assa u lts that form the greatest
proportion of crim e that is reported to them. A CPO d o es not p rovide
a definitive list of the crim es that will fall into this category, m ainly
becau se the types of offences that are reported m ost often to the police
vary from location to location, and also because within all types of
crim es there are those that w ill be view ed m ore seriou sly by both the
com m unity and the police. A s a consequence, A CPO defines volum e
crim e as 'any crim e which, through its sheer volum e, h as a significant
217
im p act on the co m m u n ity and the ability o f the local p olice to tackle
it'. E x a m p les of the ty p es o f crim e that m ay be in clu d ed w ithin this
definition are street robbery, burglary, vehicle-related crim e, crim inal
d a m a g e , m in or a ssa u lts an d anti-social b eh aviour, b u t the decision as
to w h at ty p e s o f crim e w ill be co n sid ered to be vo lu m e crim e is one
that can only be taken locally. The m ain b arrier to detection in these
ca se s a rise s not only from the difficulties in in d iv id u a l cases, w hich
w ere d isc u sse d ab ove, b u t a lso from the attitu d e o f co m m u n ities an d
the police.
The H om e O ffice d o e s not coun t statistics for vo lu m e crim e, but
m o st forces in clu de b u rg la ry of d w ellin g s an d vehicle theft in their
defin ition s o f vo lu m e crim e an d these gen erally h ave detection rates of
aro u n d 13 p er cent each. In vestigato rs d o not co n sid er the legislation
in relation to these tw o offen ces to b e p articu larly p rob lem atic and
the p o in ts to p rove are straigh tfo rw ard en ou gh . The m ain reason for
the low detection rate a p p e a rs to b e that su ch crim es rarely involve
any contact betw een victim and o ffen d ers and are not often directly
w itn essed . Furth erm ore, w h ile it is ack n o w led g ed that both crim es
are often com m itted sp on tan eo u sly , o ffen ders h av e the o p p o rtu n ity of
selectin g the tim e an d m ethod of com m ittin g in d iv id u a l crim es and
can easily take m e a su re s to m in im ise the m aterial they generate. The
sh eer v o lu m e o f such offen ces a lso m e an s that in d iv id u a l c a se s are
not giv e a p articu larly high level of p rio rity w ithin the p olice service
an d u n less there is m aterial in d icatin g the p ossib ility o f a detection
at an early sta g e it is likely that offen ces o f this ty pe w ill not receive
m u ch attention once the initial in vestigation is over.
There is no d o u b t that the pu b lic take offen ces o f this ty p e seriou sly,
bu t the lack o f o p p o rtu n ity for co m m u n ities to w itn e ss such crim es
m ay im pact on their ability to p ro v id e inform ation to the police.
H a n d lin g stolen go o d s
In con trast to the origin al theft of property, h an d lin g stolen g o o d s
- that is, so m eo n e other than the thief b ein g in p o sse ssio n o f them
k n o w in g that they are stolen - en joys a detection rate on a level w ith
h om icide. The high detection rate for this crim e rests on the fact that
offen ces are gen erally only recorded w hen the p olice find so m eo n e
in p o sse ssio n of stolen g o o d s. The 1994 British C rim e S u rv ey fou n d
that 11 p er cent o f re sp o n d en ts h ad b o u gh t stolen g o o d s d u rin g the
p a st year an d so the ch ances o f the p olice co m in g acro ss them d u rin g
other routine policin g activity, su ch a s search in g su sp e c ts' h o m es, is
relatively high. Such offen ces are rarely reported to the p olice in the
sa m e w ay that the origin al theft is an d so the p olice m ain ly record
218
crim es that h av e alread y been detected by them , thus g iv in g a high

detection rate. T h is category of crim e is in clu d ed here to illu strate
the poin t that so m e ty p e s o f crim e h ave a high detection rate, not
b ec au se the p olice are su cc essfu l at in v estigatin g them , b u t sim p ly
b ec au se they only com e to light w h en they are detected. The sam e
is true for traffickin g in controlled d r u g s, w h ere there is a detection
rate o f aro u n d 90 p er cent.
C o n c lu sio n
The ap p lication of the m o d el p ro p o se d a b o v e to a sm all n um b er

o f crim e ty p e s illu strates that there is no sin gle factor that ex p lain s
w hy crim es com e to be so lv ed . W hat is sign ifican t in m o st ca se s is a
com bination of a n um b er of factors, so m e gen eral, so m e specific, that
togeth er create a situation that is either fav o u rab le or u n fav o u rab le to
detection. F av o u rab le factors are p resen t m ore often in so m e ty p e s of
crim e than in others an d this ex p lain s w h y crim es su ch a s h om icid e
h ave a gen erally higher detection rate than crim es such a s burglary.
The m ain factors are the decisio n s taken by offen ders, v ictim s an d
w itn e sses to either facilitate or inhibit the tran sm issio n o f inform ation
to the police. There are m an y w a y s in w hich they inhibit the
tran sm issio n o f inform ation , an d w h ere they are su cc essfu l they can
even av o id the crim e com in g to the attention o f the p olice in the first
place. W here the crim e is reported they can w ithhold inform ation or
su p p ly p artial or m isle ad in g v e rsio n s of ev en ts to in vestigators.
The b eh av io u r o f in v e stigato rs is a lso im portant. There is m uch
they can d o to create o p p o rtu n ities for those w ith k n o w led ge o f an
offence to p a s s it to them an d to uncover other d ata that is o f u se to
an in vestigation . Their ability to d o this w ill d e p e n d to a large extent
on their in v estigativ e sk ills, an d not all w ill be eq u ally proficient.
But the ap p lication o f g o o d in v estigativ e practice w ill im p rove the
ch ances of any given crim e b ein g detected.
F u rth e r re a d in g
D u rin g the 1970s an d 1980s there w a s so m e interest a m o n g so cial

scien tists, p articu larly in the U SA , in u n d ersta n d in g how crim es cam e
to be detected. A n ex am p le o f su ch research in E n glan d an d W ales is
D. Steer, Uncovering Crime, R oyal C o m m issio n on C rim in al Procedure
R esearch S tu d y N o. 7 (L ondon : H M SO , 1980). Interest then w an ed
219
until the early y ears of this century when the H om e Office spon sored
w ork aim ed at im proving police perform ance in the investigation
of crime. E xam ples of this w ork are J. Burrow s, M. H opkins,
R. H ubbard, A. Robinson, M. Speed and N. Tilley, Understanding the
Attrition Process in Volume Crime Investigations, H om e O ffice Research
Stud y 295 (London: H om e Office, 2005). W hile the aim of this w ork
is prim arily at im proving policy developm ent and m anagem ent,
it p rovides practitioners with an insight into m any of the factors
relating to how outcom es are achieved du rin g the investigation of
volu m e crim e cases.
The investigation of rape h as also been the subject of m uch recent
research as a consequence of concerns over the low detection and
conviction rates achieved for such offences. For exam ple, A. Feist,
J. A she, J. Law rence, D. M cPhee and R. W ilson, Investigating and
Detecting Recorded Offences of Rape, H om e Office Online Report 1 8 /0 7
(w w w .hom eoffice.gov.uk, 2007) and L. Kelly, J. Lovett and L. Regan,
A Cap or a Chasm? Attrition in Reported Rape Cases, H om e Office
R esearch Stu d y 293 (London: H om e Office, 2005).
The im portant role that inform ation from victim s, w itnesses and
inform ants p lay s in the detection of crim e has been identified in the
literature but there is little on the role that offenders play or on the
relationship betw een investigative practice and outcom es. These are
areas w here practitioner research could m ake a significant contribution
to the literature.
220
C h a p te r 9
Conclusion
In this final chapter, a n u m b er of the th em es that h av e been runn ing

through this b o o k are p u lled togeth er to exam in e the w a y s in
w h ich in v e stigativ e practice m igh t b e im p ro v e d in the future. T h ese
im p ro v em en ts m igh t be qu alitativ e, for ex am p le in the w ay victim s are
treated or the w a y in w h ich ev id en ce is p resen ted to co u rts, or they
m ight be qu an titative, for exam p le in creased n u m b ers o f detection s
or the red u ced co st of co m plex in v e stig atio n s such a s h om icide. The
w a y s in w hich these co u ld be b ro u gh t ab o u t are exam in ed in relation
to the factors identified a s b ein g im po rtan t in so lv in g crim e in the
p re v io u s chapter.
C rim e is com m itted in a w id e variety o f w a y s that h av e little in
com m on other than they all in vo lv e b eh av io u r d eem ed illegal by
the legislatu re. F urth erm ore, even crim es o f the sa m e ty pe can be
com m itted in different w a y s an d for different m otives. S om eon e
breakin g into a h o u se to steal p ro p erty that is later so ld to fu n d a
d r u g s habit co m m its burglary, a s d o e s a m an w h o en ters his form er
p a rtn e r's hom e w ith the intention of d a m a g in g p rop erty in reven ge
for her en d in g the relation ship. The modus operandi o f these offen ces
is com pletely different, a s is the m o tive of the offen der; b u t they both
com m it burglary.
The d iv ersity o f b eh av io u r that is crim in al is m irrored in the
d iv ersity of those w h o com m it it. W hile it h a s been fou n d that m ost
crim e is com m itted by a relatively sm all g ro u p o f p ersiste n t offen ders,
it is also true that m an y p eo p le com m it crim e at so m e tim e d u rin g
their lives, p articu larly it se e m s d u rin g their teen age y ears. There are
no so cial or econ om ic b arriers to w ho co m m its crim es. M o st of those
221
w ho are reflected in the recorded crim e statistics com e from lower

socio-econom ic g ro u p s but m any in those gro u p s do not com m it
crim e and m any in higher gro u p s do. There are en ough police
officers and solicitors in prison to illustrate the point that hum an
frailty is not the preserve of so m e econom ic underclass; crim e can be
com m itted by anyone, even those w ho are well placed to know how
their beh aviour will harm others.
Society's response to crim e is also diverse. M ost people agree
that som e beh aviour should be deem ed crim inal, but there is
less con sen su s abou t w hich beh aviour sh ou ld be included and
the response that the police and other crim inal justice agen cies
sh ou ld m ake to it. Even in the case of seem in gly straightforw ard
situation s such as illegal killing, there are situation s in which it is
believed that convictions for m urder or m an slaugh ter are inappropriate.
E xam ples include when h ouseholders kill intruders, when victim s
of chronic dom estic ab u se kill their attackers, and w hen carers kill
or assist in the death of som eone w ho is term inally ill. In this area,
there is also an on goin g debate abou t w hether those w ho kill w hile
drivin g a car have the sam e m oral and legal responsibilities a s those
w ho kill in other w ays. At the m om ent they are often charged under
road traffic legislation rather than with hom icide offences. These
differences in view s about w hat type of beh aviour the crim inal law
sh ou ld concern itself with and how it sh ou ld be ap p lied in practice
run through all types of crim e. W hether crim e is considered to be
m inor or seriou s is often based on opinion rather than the actual
harm that the crim e h as cau sed to a particular victim or society as
a whole.
Investigators and those m an agin g them need to u n derstan d both
the diversity and the com plexity of beh aviour that m akes u p the social
phenom enon w e call crim e, together with the diversity of society's
response to it. This will enable them to form ulate im proved policies
and in d iv id ual resp on ses to crim e; it w ill also alert them to the fact
that society seeks a ran ge of objectives from crim inal investigation.
There w as a time, not so long ago, w hen crim inal investigation w as
considered by the police a s sim p ly a m eans of bringing offenders to
justice. N o doubt in vestigators recognised the im portance of issu es
such as victim care, com m unity reassurance, intelligence-gathering
and m an agin g a variety of crim e risks, but these w ere not considered
to be objectives in them selves because they fell ou tside of the form al
structure of evidence-gathering that defined investigative practice.
There is now a realisation that these are legitim ate objectives of
crim inal investigation in them selves and they have been incorporated
222
Conclusion
into investigative practice through policy, and in som e cases, such as

victim care, through legislation.
Crim e is, therefore, a com plex social phenomenon and criminal
investigation is an equally com plex response to it which m ust w ork at
all levels, from the local to the international, and m ust be capable of
delivering a range of objectives. The police service's capacity to carry
out crim inal investigations across this w ide spectrum consists alm ost
entirely of the investigative practice of its staff, which provides them
with the know ledge, skills and understanding they need in order to
carry out effective crim inal investigations.
Investigative practice itself is a relatively new concept within the
police service and has developed in response to a num ber of triggers,
which were d iscu ssed in C hapter 2. The investigative practice that
has developed in recent years consists of a grow ing literature that
is validated by practitioners, is transparent and is open to change. It
provides investigators w ith the skills, know ledge and understanding
they need to solve the m any problem s that can be presented by
crim inal investigation. It encom passes the full spectrum of the
investigator's role and is not restricted to the legal and procedural
issu es, as evidenced by the roles that victim care, comm unity
reassurance risk m anagem ent and the acquisition of intelligence now
play.
The driver for im proved investigative practice is the ACPO
Professionalising Investigations Program m e (PIP), which provides
the fram ew ork for im proved training and continued professional
developm ent, the testing of competence against N ational O ccupational
Standards (NOS) and the registration of com petent investigators. This
ensures that in future only those who have achieved a m inimum
standard of competence in investigative practice will be allow ed to
carry out crim inal investigations on behalf of the police service.
These changes are profound and their im plications are still being
w orked through by practitioners and policy-m akers, but at their heart
is the need to constantly ad ap t and change to the social, political
and econom ic developm ents in society. These lead to ever-changing
requirem ents for police services and this is as true of criminal
investigation a s it is of other areas of policing. Som e of these changes
occur slowly. For exam ple, the problem of illegal dru g use has a long
history and the w ay in which criminal investigation is u sed as part of
a range of governm ent m easures intended to reduce it h as developed
over an equally long period. Som e problem s, and the response to
them, occur m ore quickly. For exam ple, the u se of the internet for
comm ercial p u rp o ses has developed over a short num ber of years
223
and the crim inal investigation response to this problem is still being
developed.
Previous chapters of this book have explored the factors that
influence the w ay crim inal investigation is practised. These are:
• The law and policy

• Inform ation profiles
• The beh aviour after the crim e of:
O ffenders
Victims, w itnesses and inform ants
Investigators
In the p reviou s chapter, the w ay in which these factors determ ine the
outcom e of in d ivid ual investigation s w as exam ined and it w as found
that no one factor will lead to su ccess in crim inal investigation. They
sit in a com plex relationship to each other and need to com e together
in w ays that are favourable for a detection to be achieved in any
given case.
In seeking to develop in vestigative practice to enable it to respond
to the ch anging requirem ents that the police service have for crim inal
investigation, it is these factors that sh ou ld receive attention. But in
considering change, it sh ou ld not be overlooked that a great m any
im provem en ts have alread y been m ad e over the years. It is difficult
to p rovide evidence of qualitative ch anges to the w ay in which
crim inal investigation s are carried out, but the ch anges to the legal
fram ew ork of crim inal investigation and to investigative practices such
a s interview ing are thought by m any to have reduced the potential
for the type of m iscarriages of justice that cam e to light du rin g the
1970s and 1980s. The potential for m alpractice and corruption is
ever-present in crim inal investigation and it w o u ld be unw ise to be
too com placent, but there a p p ears to be a genuine concern am on g
investigators for the probity of the process and ethical practice. This
p rovid es an excellent foundation for m ovin g forw ard.
Furtherm ore, the som etim es bleak picture of investigators'
productivity can be view ed in a num ber of w ays. M easu ring investi
gator productivity is not easy, and the traditional w ay is through the
detection rate, which is the percentage of recorded crim e that the
police detect each year. T his is considered by m ost within the police
service to be a poor m easu re of police investigative perform ance
because it is affected by rises in offending that are unconnected to
in vestigative outcom es. The detection rate in the early 1950s w as about
47 per cent w h ereas by 2007 it had fallen to 26 per cent. H ow ever, the
224
C o n clu sio n
n um ber of offences detected rose du rin g the sam e period from just
under 0.25 m illion to 1.4 million. So w hile the detection rate sh ow s
an absolute fall of about half, the num ber of detections increased
by slightly under six tim es. There m ay be all sorts of reason s for
this rise, from an increased num ber of easier-to- detect cases being
reported to the police to developm ents in areas such a s C CTV and
forensic science. W hatever the cause, the figures illustrate that the
absolute n um bers of detections can be increased. The trick ap p ears
to be to m ake sure that the increase is in the type of crim e that is of
concern to the public and in areas that im prove society's chances of
m an agin g future offending behaviour.
A further problem with the detection rate is that it focuses
attention on only one outcom e, that is, offenders brough t to justice.
Som e su ccess h as been achieved in m easu rin g the other outcom es
so ugh t from crim inal investigation. Victim satisfaction su rvey s are
com m only u sed by forces to g a u g e perform ance in that area, the
num ber of intelligence inputs arisin g out of crim inal investigation is
counted by som e forces, and there is a w ell-developed m ethod for
m easu rin g the num ber of asset recoveries achieved by all forces.
The real problem in im proving investigative perform ance is
in increasing the outcom es achieved by in d iv id ual investigators,
irrespective of how they are counted. There w as a sligh t rise in the
n um ber of detections per officer from 9.8 in 1995 to 10.4 in 2005 but
the figure h as rem ained static since then. Perform ance m anagem ent
regim es have been im plem ented in all forces in response to a
governm ent focus on targets for offenders brough t to justice. These
were d iscu sse d in C hapter 7, and m ainly seek to im prove outcom es
by settin g targets and holdin g investigators and their m an agers
accountable for achieving them. Investigation p rocesses have so m e
tim es been redesigned to reduce costs by the introduction of m ore
specialisation or autom ation. There is no d o u b t that these m easu res
have increased the overall num ber of offenders brough t to justice in
recent years but m uch of this im provem ent a p p ears to have been
achieved through targeting easy-to-detect crim es that can be dealt
with by police cautions or other non-judicial d isp o sa ls (Stelfox 2008).
These practices have not been ap p lied universally. Som e perform ance
m an agem en t sy stem s facilitate real im provem en ts in detections, but
where forces have sim p ly set targets and p u t p ressu re on investigators
to m eet them or redesign ed investigation p rocesses with an eye only
to reducing costs, im proved m anagem ent practices will need to be
m ad e if investigative perform ance is to im prove. Once again, the
focus n eeds to be on the type and quality of detections, rather than
225
sim p ly their num ber or the cost of achieving them. It is likely that
this focus w ill be on the w ay s in w hich in d iv id ual perform ance can
be im proved in harder-to-detect crim e types such a s rape and serious
w oun ding, which generate high levels of public concern.
The scope for im provem ent in som e of the factors exam ined in
this book m ay be lim ited. M any legal ch anges have been m ad e in
recent years, especially in respect to offences related to terrorism and
the procedu res the police use to investigate it. But these ch anges
have not been w ithout controversy. M any believe that both the scope
of the offences them selves and the pow ers that the police have to
investigate them have u pset the alw ay s delicate balance betw een the
protection of society a s a w hole, and the rights of in d ivid uals. These
m easu res are held by som e to be w rong both in principle, that is, the
rights of the in d ivid ual sh ould be infringed a s little as possib le, and
in practice, that is, they do not m ake terrorist acts less likely. This
debate w ill no doubt continue, but it poin ts to the fact that while
ch anges in the legal fram ew ork within which crim inal investigation
now takes place are p ossible, they are likely to be controversial
and the evidence b ase for the im provem en ts they will lead to is
lim ited.
Policy ch anges are easier to bring about and m uch of the change
in investigative practice in recent years h as been achieved through
im proved policy; for exam ple, the PIP p rogram m e, im provem ents in
relation to victim and w itness care, and im provem ents in relation to
intelligence m an agem en t and u se were all driven by policy change.
These w ill un d oubtedly continue and it seem s likely that the m ajority
of im provem ents in investigative practice will com e from policy on
im proved stan d ard s of investigation and w ay s in which inform ation
is u sed within the police service.
Im provem en ts in inform ation profiles have been brought about by
the h u ge explosion in the u se of p a ssiv e data sy stem s in recent years.
This h as m eant that w hen crim es are com m itted, there are now far
m ore opportun ities for offenders to be caught on CCTV cam eras or
to have their presence in a particular place p roved by som e electronic
data generated by a m obile phone, an ATM or their use of a credit
card. Such data can also be u sed to investigate relationships betw een
peop le through telephone records or paym en ts m ad e betw een
them. A s with legislation, these ch anges h ave not been universally
w elcom ed. Som e believe that the u se of p assiv e data h as gone too far
and that the police access to it is too easy. It seem s likely, however,
that new w ays of p rovidin g governm ent and b u sin ess services will
be highly dependen t on large electronic sy stem s and that the police
226
C o n clu sio n
will continue to seek a s m uch access to these as p ossible to gather

m aterial that is u sefu l to investigations. Where the line w ill be draw n
over this access is a s yet unclear.
L ess controversial but equally effective w ay s of enhancing the
inform ation profile of in d ivid ual offences continue to be developed.
The traditional m ethod of w riting a p ostcode on valuab le property
to help in vestigators identify it in the event of theft h as been joined
by m ore soph isticated p rodu cts that coat property in uniquely
identifiable liq uids that are invisible to the naked eye, m aking p ositive
identification of item s easier. M oney-laundering h as p rovided an
exam ple of how legislation can be u sed to increase the inform ation
generated by an offence. Regulations place an obligation on financial
institutions to report details of certain types of activities; this is
intended to alert in vestigators to the potential that they m ay involve
crim inal activity. Scientific, technical and legal ch anges can therefore
be m ad e that m ay increase the am ount of m aterial in the inform ation
profile of any offence.
The greatest potential for im proving outcom es in crim inal
investigation m ust surely lie in ch anging the beh aviour of offender,
victim s and w itnesses after the event. C hangin g offender beh aviour
before the event so they do not com m it the crim e in the first place
is, of course, even m ore desirable, bu t that is another issue. It is
know n that m any offences are not reported to the police at all, and
even w hen they are, w itn esses m ay not p rovide the inform ation
they have to the police. The m ajority of offenders w ho are arrested
a s su sp ects and interview ed d o provide u sefu l inform ation to the
police; if m ore did so, the num ber of detections w ould ob viously
im prove considerably. W ider social attitudes to offending a p p ear to
be at the heart of this issu e and there seem s no doubt that a great
p art of the su ccess in such areas as hom icide investigation is du e to
the w illin gness of the public to sp on tan eo usly p rovide inform ation
in such cases. W here people feel less concerned about the crim e type
it is probable that they will be less likely to report it or to provide
the police with inform ation about it. N otw ithstan din g this, all the
evidence points to the im portance of inform ation from the public in
detecting crim e and im provem en ts in this area a p p ear to offer the
best prospect of m aking im provem ents overall. A bove and beyond
changing general social attitudes to im prove reporting rates and the
sp on tan eo u s transm ission of inform ation to the police, it seem s that
the m ost effective w ay in w hich offenders, victim s and w itnesses
can be en couraged to p rovide m ore inform ation is by locating them
quickly after a crim e h as been com m itted and com m unicating with
227
them effectively abou t it. Im proving the rate at which this occurs
involves im proving in vestigative practice.
C h an ges to the law, enhancing inform ation profiles and im proving
the flow of inform ation from those involved in crim e, either as
victim s, w itnesses or offenders, are all im portant w ay s in which
crim inal investigation can be im proved. These ch anges will not lead
to im provem en ts in the outcom es of crim inal investigation u nless
investigators know how to ap p ly the techniques of investigation
in such a w ay a s to ensure that the available m aterial is properly
gathered and to m ake goo d decision s abou t how to use it to further
the investigation. W hichever w ay one looks at it, the su ccess or
otherw ise of crim inal investigation is dependen t on the know ledge,
skills and und erstan din g that in vestigators have. These elem ents
are the b asis of investigators' training and continued profession al
developm ent and it is only by im proving them that im provem ents in
crim inal investigation can be m ade.
The m odel of p rofession alisation that is em ergin g in relation
to crim inal investigation alread y h as som e strong elem ents. The
service h as a capacity to develop p rofession al practice in A CPO ,
the N ational Policing Im provem ent A gency and the H om e Office.
The N ational O ccupational Stan d ard s p rodu ced by Skills for Justice
are an establish ed m ean s of setting a perform ance benchm ark for
investigators, and they have been incorporated into PIP. PIP itself
p rovid es a com prehensive m eans by which investigators can be
trained and can develop their investigative techniques in operational
settings.
Som e elem ents of the p rofession alisation p rocess are not so well
developed. A com prehensive body of profession al practice sh ou ld
be su p p orted by a strong evidence b ase, continual evaluation of
existin g practice and on going review of the know ledge, skills and
und erstan din g n eeded by practitioners. W hat is required is the
capacity to carry out research and developm ent that will produce a
specialist literature upon which evidence-based practice and policy
can be developed. These elem ents sh ou ld com bine with those already
d iscu ssed to provide a cycle of continually im proving profession al
practice within the service, a s show n in Figure 9.1.
The tw o final elem ents of this cycle, on going evaluation and the
capacity to produ ce a research literature, are not well developed in
relation to crim inal investigation. If the benefits of profession alisation
are to be fully realised, capacity w ill need to be develo ped in
these two areas. The police service is not alone in this, a s N utley
et al. (2002: 4) observe: 'W hichever part of the public sector one is
228
C o n clu sio n
F igu re 9.1 The cycle of im p ro v in g p ro fe ssio n al practice
concerned with, one observation is clear: the current state of research

b ased know ledge is insufficient to inform m any areas of policy and
practice.'
Som e of this capacity d o es exist, however. For exam ple, the H om e
Office and A CPO both com m ission research into v ariou s areas
of policing, but the co-ordination required for the creation of an
evidence base to inform policy and the developm ent of best practice
is m issin g from the equation. H ow this gap in the cycle of p rofession al
practice m ight be filled is beyond the scope of this chapter, but it
seem s likely that it m u st involve forging stronger links betw een
the sen d ee and those universities that have develo ped expertise in
the stu d y of policing. These institutions are already involved in the
kind of evaluation, research and developm ent that is required and
are experienced at w orking closely with the police service. But there
is often a discrepancy betw een w hat is of interest to researchers
and w hat the police service n eed s (Laycock 2001: 2). Bringing the
interests of these two g ro u p s into closer alignm ent w ould go a long
w ay tow ards filling the g a p in the p rofession al practice cycle. But
university research is not cheap and one of the m ajor challenges
of p rofession alisation m ay be finding w ay s of funding the level of
research required to su p p o rt it. Furtherm ore, w ay s w ill need to be
found to enable m ore m ulti-disciplinary research to be carried out.
Investigative practice is far too com plex for significant im provem ents
to be m ad e to it within a sin gle academ ic discipline. Practitioner
229
researchers m u st also be far m ore involved than they have often

been.
M aking im provem ents in investigative practice will enable the
police service to m axim ise p rogress in the other factors that influence
outcom es in crim inal investigation. These im provem ents are im portant
not sim p ly because they increase investigator productivity or help
the police service to better m an age the harm crim e d o es to society
alth ough those are im portant in them selves, bu t also because the
w ay in which crim e is investigated sa y s som eth ing im portant about
the society in which w e live. Investigative practice that facilitates
the w illing participation of the w idest p ossib le spectrum of society
not only im proves the chances of so lvin g m ore crim e, it reinforces
the doctrine of policing by consent. This holds that the m an date for
policing d o es not derive only from the law or from governm ent policy,
of equal im portance is the w illing participation of the com m unities
that are policed. G ood investigative practice can en courage this
participation.
But the m ost im portant statem ent that investigative practice can
m ake about the type of society in which w e live is in the w ay in
which su sp ects and offenders are treated. M ost ju risdiction s have
legislation that seeks to protect the basic rights of those w ho are
su sp ected of com m itting crim es. C om pliance with these stan d ard s
sh ou ld be a given, but investigative practice sh ou ld go further. It
sh ou ld equip investigators to exercise discretion intelligently, to use
their legal p ow ers considerately and to ensure that those with whom
they deal feel that they have been treated fairly. This is not alw ays
easy to achieve in practice because m any of those they deal with as
su sp ects will have inflicted considerable harm on others and m ay
be aggressiv e, confrontational or ju st dow'nright unpleasan t. The
m ark of p rofession alism is to ap p ly the highest p ossib le stan dard of
in vestigative practice when dealin g with such people.
If society, governm ent and the police w ish crim inal investigation
to m ake a p ositive contribution to the w ell-being of society, the
p rofession alisation agen da w ithin the police service and the
developm ent of im proved investigative practice m ust continue to be
driven forw ard.
The connection betw een the skills required of those w orking for
the police service, how those skills are trained and develo ped and
230
C o n clu sio n
the quality of service delivery this gives rise to feature heavily in

the govern m ent's 2008 Green Paper, From the Neighbourhood to the
National: Policing our Communities Together. These them es are echoed
in H M IC, Leading from the Frontline (London: H M IC, 2008), which
ack n ow led ges the role that sergeants have in developin g their staff
and en suring that stan d ard s of service delivery are m aintained, and
R. F lan agan, The Revieiv of Policing: Final Report (London: H om e
Office, 2008). A lth ough not dealin g specifically with the developm ent
of in vestigative practice, these docum en ts p rovide a good insight
into w here it sits in relation to other developm en ts w ithin the police
service.
Finally, a p ap er written abou t the police in another jurisdiction and
about crim e prevention, not its investigation, is su g g e sted reading.
G. Laycock, 'R esearch for Police, Who N eed s It?', Issues and Trends,
211 (Canberra: A ustralian Institute of Crim inology, w w w .aic.gov.
a u / , 2001). The author h as m any years' experience of the policy and
practice of policing and su m s up the challenges faced in developing
eviden ced-based investigative practice.
231
References
A CPO (2001) Investigative Interview Strategy. London: ACPO.

A CPO (2005a) Guidance on Major Incident Room Standardised Administrative
Procedures (M IRSAP). W yboston: NPIA.
ACPO (2005b) Practice Advice on Core Investigative Doctrine. W yboston:
NPIA.
A CPO (2005c) Practice Advice on Search Management and Procedures. Wyboston:
NPIA.
A CPO (2006a) Murder Investigation Manual. W yboston: NPIA.
A CPO (2006b) Practice Advice on the Management of Priority and Volume Crime.
W yboston: NPIA.
A CPO (2007) Practice Advice on the Resources and the People Assets of the
National Intelligence Model. W yboston: NPIA.
A dham i, E. and Browne, D. P. (1996) Major Crime Enquiries: Improving Expert
Support for Detectives, H om e Office Police Research G roup Special Interest
Series Paper 9. London: H om e Office.
A llgood, J. (1984) 'A Degree of Professionalism ', Police Revieiv, 6 April: 676-7.
Banton, M. (1985) Investigating Robbery. A ldershot: Gower.

Barrett, E. C. (2005) 'Psychological Research and Police Investigations: D oes
the Research Meet the N eed s?', in L. A lison (ed.) The Forensic Psychologist's
Casebook: Psychological Profiling and Criminal Investigation. Cullom pton:
Willan Publishing.
Beckley, A. (2004) 'Professionalisation of the Police Service', Police Research
and Management, 6: 89-100.
Benner, P. E. (1984) From Novice to Expert: Excellence and Power in Clinical
Nursing Practice. London: Addison-W esley.
Bernhard, L. A. and Walsh, M. (1995) Leadership: The Key to the Professionalization
of Nursing. St Louis, MO: Mosby.
232
R e fe re n c e s
Bottomley, K. and Colem an, C. (1981) Understanding Crime Rates. Farnborough:

Gower.
Bowling, B. and Phillips, C. (2002) Racism, Crime and Justice. London:
Longm an.
Brookm an, F. (2000) 'D ying For Control: Men, M urder and Sub-Lethal
Violence in England and W ales', unpublished PhD thesis, C ardiff
University.
Brookm an, F. (2005) Understanding Homicide. London: Sage.
Bull, R. and M ilne, R. (2004) 'A ttem pts to Im prove Police Interview ing of
Su spects', in G. D. Lassiter (ed.) Interrogation, Confessions and Entrapment.
N ew York: K luw er/P len um .
Burrows, J. and Tarling, R. (1982) Clearing up Crime, H om e Office Research
Study 73. London: HM SO.
Burrow s, J. and Tarling, R. (1987) 'The Investigation of Crim e in England
and W ales', British Journal of Criminology, 27: 234.
Byford, L. (1981) 'The Yorkshire R ipper C ase: Review of the Police
Investigation of the C ase', unpublished report for H er M ajesty's Inspector
of Constabulary.
C PS (2004) The Code for Crown Prosecutors. London: CPS.

C PS (2007) Annual Report and Resource Accounts 2006-2007. London, CPS.
Dale, A. (1994) 'Professionalism and the Police', Police Journal, 67:

209-18.
D avies, M. (1994) The Essential Social Worker: An Introduction to Professional
Practice in the 1990s. A ldershot: Arena.
D avis, M. (2002) Profession, Code and Ethics. A ldershot: A shgate.
D ubourg, R., H am ed, J. and T h om s, J. (2005) The Economic and Social Costs
of Crime Against Individuals and Households 2003/04, H om e Office Online
Report 30/05.
Eck, E. J. (1983) Solving Crimes: The Investigation of Burglary and Robbery.

W ashington, DC: Police Executive Research Forum.
Emsley, C. (1996) The English Police: A Political and Social History, 2nd edn.
London: Longm an.
English, J. and C ard, R. (2005) Police Law, 9th edn. O xford: Blackstone.
Exworthy, M. and H alford, S. (1999) Professionals and the New Managerialism
in the Public Sector. Buckingham : O pen U niversity Press.
Flanagan, R. (2008) The Review of Policing: Final Report. London: HMIC.

Flannery, K. (2004) 'W atching the D etectives', Police Professional, July:
25-7.
Flynn, R. (1999) 'M anagerialism , Professionalism and Q uasi-m arkets', in
M. Exw orthy and S. H alford (eds) Professionals and the Neiv Managerialism
in the Public Sector. Buckingham : O pen U niversity Press.
233
G arland, D. (2002) 'O f C rim es and Crim inals: The D evelopm ent of
Crim inology in Britain', in M. M aguire, R. M organ and R. Reiner (eds)
The Oxford Handbook of Criminology, 3rd edn. O xford: O xford U niversity
Press.
G reenw ood, P. W., Chaiken, J. and Petersilia, J. (1977) The Criminal Investigation
Process. Lexington, MA: D.C. Heath.
G udjonsson, G. H. (2007) 'Investigative Interview ing', in T. N ew burn,
T. W illiam son and A. Wright (eds) Handbook of Criminal Investigation.
Cullom pton: Willan Publishing.
H arfield, C. and H arfield, K. (2005) Covert Investigation. O xford: O xford

University Press.
Hitchens, P. (2003) A Brief History of Crime. London: Atlantic.
HM IC (2000) Policing London. London: HM IC.
H M IC (2004) Modernising the Police Service: A Thematic Inspection of Workforce
Modernisation - The Role, Management and Deployment of Police Staff in the
Police Service of England and Wales. London: HMIC.
HM IC and H M CPSI (2007) Without Consent: A Report on the Joint Review of the
Investigation and Prosecution of Rape Offences. London.
H om e Office (2001) Policing a New Century: A Blueprint for Reform. London:
H om e Office.
H om e Office (2005a) National Policing Plan 2005-2008. London: H om e
Office.
H om e Office (2005b) Offending in England and Wales: First Results from the
2003 Crime and Justice Survey. London: H om e Office.
Innes, M. R. (2003) Investigating Murder: Detective Work and the Police Response
to Criminal Homicide. O xford: O xford U niversity Press.
Irvine, B. and D unningham , C. (1993) Human Factors in the Quality Control of
CID Investigations, Royal C om m ission on Crim inal Justice Research Study
21. London: HM SO.
Johnston, D. and H utton, G. (2005) Evidence and Procedure. Oxford:

Blackstone.
Kelly, L., Lovett, J. and Regan, L. (2005) A Gap or a Chasm? Attrition in

Reported Rape Cases, H om e Office Research Stud y 293. London: H om e
Office.
Laurenson, S. (1995) Health Service Developments and the Scope of Professional

Nursing Practice: A Survey of Developing Clinical Roles within N H S Trusts
in Scotland. Edinburgh: N ational N u rsin g, M idw ifery and Health Visiting
A dvisory Com m ittee.
Laycock, G. (2001) 'Research for Police, Who N eed s it?', Issues and Trends,
234
R e fe re n c e s
211. Canberra: A ustralian Institute of Crim inology.

Laycock, G. (2005) 'D efining Crim e Science', in M. J. Smith and N. Tilley
(eds) Crime Science: New Approaches to Preventing and Detecting Crime.
C ullom pton: Willan Publishing.
M acpherson, W. M. (1999) The Stephen Lawrence Inquiry: Report of an Inquiry

by Sir William Macpherson of Cluny. London: Stationery Office.
M aguire, M. (2003) 'Crim e Investigation and Crim e Control', in T. New burn
(ed.) Handbook of Policing. C ullom pton: Willan Publishing.
Malin, N. (ed.) (2000) Professionalism, Boundaries and the Workplace. London:
Routledge.
May, R. (1999) Criminal Evidence, 4th edn. London: Sw eet and Maxwell.
Milne, R. and Bull, R. (1999) Investigative Interviewing: Psychology and Practice.
Chichester: John Wiley.
N C PE (2005) Professionalising Investigation Programme Information Pack.

W yboston: NCPE.
N eyroud, P. W. and Beckley, A. (2001) Policing, Ethics and Human Rights.
C ullom pton: Willan Publishing.
Nicol, C., Innes, M., Gee, D. and Feist, A. (2004) Reviewing Murder
Investigations: An Analysis of Progress Reviews from Six Police Forces. London:
Hom e Office.
Nutley, S., D avies, H. and Walter, I. (2002) Evidence Based Policy and Practice:
Cross Sector Lessons from the UK. London: ESRC.
Orm erod, T. C., Barrett, E. C. and Taylor, P. J. (2005) 'Investigative Sense-

m aking in Crim inal C ontexts', in J. M. C. Schraagen (ed.) Proceedings of
the Seventh International NDM Conference. A m sterdam , June.
PA C onsulting (2001) Diary of a Police Officer, H om e Office Police Research

Series Paper 149. London: H om e Office.
Perrier, D. C. (1978) 'Police Professionalism ', Canadian Police College Journal,
2: 209-14.
Phillips, D. (2003) The Route to Professionalism ', Policing Today, 9:
5-6.
Polk, K. (1994) When Men Kill: Scenarios of Male Violence. C am bridge.
C am bridge U niversity Press.
Reiner, R. (2000) The Politics of the Police, 3rd edn. O xford: Oxford U niversity
Press.
Saun ders, E. (2001) 'The D ecision-m aking Processes u sed in O perational

Policing and Serious Crim e Investigation', unpublished PhD thesis,
W arwick University.
Sm all, M. W. (1991) 'Police Professionalism : Problem s and Issu es in U pgradin g
235
an O ccupation', Police Journal, 64: 314-20.

Smith, J. (2003) The Shipman Inquiry Second Report: The Police Investigation of
March 1998. London: Stationery Office.
Smith, N. and Flanagan, C. (2000) The Effective Detective: Identifying the Skills of
an Effective SIO, Police Research Series Paper 122. London: H om e Office.
Spencer, S. and Stern, B. (2001) Reluctant Witness. London: Institute for Public
Policy Research.
Steer, D. (1980) Uncovering Crime: The Police Role, Royal C om m ission on
C rim inal Procedure Research Study 7. London: HM SO.
Stelfox, P. (2006) 'The Role of C onfidants in H om icide In vestigations', journal
of Homicide and Major Incident Investigation, 2(1), Spring: 79-91.
Stelfox, P. (2007) 'Professionalising Crim inal Investigation', in T. N ew burn,
T. W illiamson and A. W right (eds) Handbook of Criminal Investigation.
Cullom pton: Willan Publishing.
Stelfox, P. (2008) 'Investigative Practice and Perform ance M anagem ent:
M aking the M arriage Work', Policing: A journal of Policy and Practice, 2(3):
303-10.
Stelfox, P. and Pease, K. (2005) 'Cognition and Detection: Reluctant
Bedfellow s?', in M. J. Smith and N. Tilley (eds) Crime Science: Neiv Approaches
to Preventing and Detecting Crime. C ullom pton: Willan Publishing.
Thom as, N. and Feist, A. (2004) 'The Detection of C rim e', in T. D odd,
S. N icholas, D. Povey and A. Walker (eds) Crime in England and Wales
2003/2004. London: H om e Office.
West, A. (2001) 'A Proposal for an Investigative Science C ourse: Any Takers?',
Police Research and Management, 5: 13-22.
W illiamson, T. (2007) ‘Psychology and Criminal Investigation', in T. N ew burn,
T. W illiam son and A. Wright (eds) Handbook of Criminal Investigation.
C ullom pton, Willan Publishing.
Willmer, M. A. P. (1970) Crime and Information Theory. Edinburgh: Edinburgh
U niversity Press.
Wilson, G. (2004) The Beat Officer's Companion. C oulsdon : Jan e's Police
Review.
Zander, M. (1979) 'The Investigation of Crim e: A Study of C ases Tried at the

Old Bailey', Criminal Law Review. 203-19.
236
Index
A d d ed to a p a g e n um b er '{' den otes a sse t recovery 21

a figure, 't' d en o tes a table and a ssistan t chief co n stab les (A C C s)
'n ' d en o tes notes. 180
A sso ciation o f C h ief Police O fficers
acad em ic d iscip lin es 42, 43t see A C PO
accoun ts, exam in ation p ro cess 166-7 attention, p aid to crim e ev en ts 90
A C P O 3, 37, 74-7, 82 aud ien ces, an d violen ce 211
gu id an ce m an u a ls 44, 45, 46-7 a u d io record in gs 117-18
see also individual manuals A u d it C o m m issio n 179
m o del of in vestigation 148-57 a u d its 179
acts, w itn essed before or after a availab ility error 163
crim e 87
A cts of P arliam ent 58 B asic C o m m an d U nits (B C U s) 12,
actus reus 58, 59 38, 48, 150, 188
A dm in istrative C ourt 60 b e a g le s 30
ad m issib le evid en ce 85, 96 beh avio ur
ad m issio n of offence to others crim inal 7-9, 58, 158, 221-2
206-7 of in vestigators and detection
age, an d offen din g 9 211-13
alcohol, an d violence 211 see also offen der b eh avio ur
allegatio n s 159 beh avio ural in vestigative a d v iso rs
allocation of crim es 181-3 (BIA s) 89, 138
analytical reports 123 'b eyo n d reason ab le d o u b t' 70
an n iversary a p p e a ls 113-14 Bills 58
anti-social b eh avio u ral orders Blackstone's Police M anual, Volume I:
(A SB O s) 71 Crime 61
artefacts, search for 125-6 Bow Street R un ners 28, 29, 30
articles 93 British C rim e S u rvey (1994) 218
a ssessm e n t, of in vestigators 39 British C rim e S u rvey (2000) 209
237
C r im in a l In v e s tig a tio n
bureaucratic m o del of su p erv isio n co m m an d ers (T C G s) 182

192 com m on law ju risd iction 58
b u rglaries com m on law p o w e rs 66-7
detection rate 199t com m on national sta n d a rd s 80
inform ation profiles 100, 102—3t com m u nication 45-6, 105
sp o n tan eo u s incidents 201 com m u nities
b u sin e ss a re as (A CPO ) 74-6 reassu ran ce an d care 19, 81, 112
b u sin e ss units, m an ag in g 188-9 resp o n se to crim e 16
com m unity inform an ts 88, 118
can n abis w arn in gs 19 com peten ce 5-6, 35-7, 107
care 19, 81 conditional cau tion s 19
carelessn ess 59 co n stab les 11, 30, 31
case m an agem en t 156-7 see also chief co n stab les; om n i
cau tion ing 18-19 com peten t constable
C C T V im a g e s 92, 97, 104, 129, 160, co nsultation p ap e rs 58
167, 217 context(s)
C C T V sy ste m s 128, 129, 152, 167 interpreting sen sory inform ation
cell site an a ly sis 130 89-90
central sq u a d s 49 in vestigation policy 79
challenge, exam in ation p ro cess control, o f victim s and w itn esses
167-8 204
characteristic inference 160 Core Investigative Doctrine (A CPO )
C heshire Police A ct (1829) 31 24, 41, 43, 45, 97, 148, 151, 152,
chief co n stables 28, 31, 74, 178, 179, 153, 164, 172, 174-5
180 corruption, poten tial for 224
see also a ssistan t chief con stab les C oun cil for the R egistration of
C ircum stan cc R esult H y p o th esis 199 Forensic Practitioners (CRFP) 131
citizen focu s, A C P O 74 counter-terrorism , d isru p tio n an d 20
C ity of Lon d on Police 74 C oun ty an d B orough Police Act
civic functions, p reven tative patrol (1856) 28, 30
an d w atch -keepin g 30 C ourt of A p p ea l 14, 60
clarification, exam in ation p rocess court verdicts 173
167 courts 14, 60
clarity, h ouse-to-h ouse en qu iries 112 covert hum an intelligence so urces
closed source intelligence 95 (C H IS) 87-8, 118, 124
co-operation 49-50, 78, 82 Covert Human Intelligence Sources
C o d e of Practice (C PIA ) 17-18, 50, (CH IS) Code of Practice 88
67, 97, 164-5 covert su rveillan ce 121, 146n
C o d e of Practicc on the U se of the covert techniques 123-4
Police N atio n al C o m p u ter 178 C PIA see C rim in al Procedure and
C o d e of Practice for V ictim s of In vestigation s Act
C rim e 81, 178 credibility of eviden ce 121
C o d e s o f Practice (PACE) 64, 68, crim e 7-9
159, 178 A C P O b u sin e ss area and
cognition, and k n o w led ge 89-91 p ortfolio 74-5
collatin g, recording an d 168 acts w itn essed before or after 87
co lloq u ialism s, for b eh av io u r 158 co m m issio n of 221
238
In d e x
detection rates 198-9t, 215-19 definition (CPIA) 17-18

gaining publicity for 111 error in 147
non-reporting 209 history of 71
recording stan dard s 80 inform ation see inform ation
responses to 222 involvem ent of defence solicitors
crim inal justice agencies 10-15 13
crim inal justice system 9-10 ju dgem ents about quality 17
individual 15-16 lack of research 1, 2-3
investigation see crim inal legislation see crim inal law
investigation main problem 6-7
legislature 10 m anagem ent 46
solving see detection m edia interest 111
victim less 209 objectives 2, 16-25, 222-3
further reading 26 outcom es 105, 227
see also offences; proceeds of police see police
crime policy fram ew ork 71-83
Crim e and D isorder Act (1998) 71, practice see investigative practice
197 process see investigation process
Crim e and Justice Survey (2003) 9 relative costs 191
crime prevention 20 stages of 149f
crime reduction 20, 36 supervision see su pervision of
Crim e Reduction and Com m unity investigations
Safety G roup 72 techniques see techniques of
crime reports investigation
initial response to 151-2, 155 Crim inal Investigation D epartm ents
provision of offending patterns (CIDs) 1-2, 12, 31, 48, 180
22 crim inal investigators 47-52
screening 47 behaviour, and detection 211-13
crime scene investigators 126-7, 132 breach of H um an Rights Act 65
crime scenes 127 choice, in inform ation gathering
identifying 127-8 61
inform ation profiles, burglary com petence 36
and fraud 102t continuing professional
interpretation 127 developm ent 2
investigation 126, 145-6 determ ination of charges 61-2
crime science 42 ethical stan dard s 23—4
crime screening 182-3 forensic disciplines
crim inal behaviour 7-9, 58, 158, m ost often used 136-9
221-2 problem s 132-6
Crim inal Defence Service (CDS) know ledge 6, 7, 41-4
12-13 legal requirem ent to pursue
crim inal history 70 enquiry 16
crim inal investigation 1-5 m ulti-disciplinary literature for
academ ic disciplines relevant to 42
42, 43t need for expert opinion 89
decision-m aking see investigative organisation 50-2
decision-m aking productivity 224
239
single 50-1 C ode of Practice 17-18, 50, 67,

skills 6, 7, 32-3, 36, 45-6, 192 97, 164-5
sq u a d s 51-2 crim inology 8
tem porary team s 52 Crow n C ourts 14, 60
training and developm ent Crow n Prosecution Service (CPS)
program m e 37-9 13-14, 61, 81, 156
transm ission of inform ation to custom er service, im provem ents in
204-11 81
u n derstan din g 6, 7, 46-7
use of intelligence 123 data
a s w itnesses 87 inform ation a s 91-3, 94t
see also crim e scene investigators; techniques of investigation 109t,
hom icide investigators; 124-39
specialist investigators decision-m aking see investigative
crim inal justice decision-m aking
ACPO bu sin ess area and defence solicitors 12-13
portfolio 75 detection(s) 196-220
agencies 10-15 defining 197-8
Crim inal Justice Act (2003) 34t inform ation from the public 196
Crim inal Justice and Police Act m odelling factors that influence
(2001) 64 214-19
Crim inal Justice and Public O rder patterns of
Act (1994) 35 Eck's Triage m odel 199-200
crim inal justice system 15 general factors 200-2
response to crim e 9-10 specific factors 203-13
further reading 26 rates 198-9, 224-5
crim inal law 15, 57-84 further reading 219-20
com m on law pow ers 66-7 Detective Branch, M etropolitan
detection 200-1 Police 32
H um an Rights Act 64-6 detectives 48, 51
investigatory fram ew ork 2, 33-5, direct know ledge 110
62-4 disruption 20-1
judicial decisions 60 D ivisional C ourt 60
literature 44 D N A 92, 133, 159-60
m aking 58-60 docum entary evidence 70
points to prove 60-2, 200 Domestic Burglary: National Good
Police and Crim inal Evidence Act Practice and Tactical Options Guide
68-9 (PSU) 41
p u rp ose of CPIA 67-8 D om estic Violence, Crim e and
Regulation of Investigatory Victims Act (2004) 178
Pow ers Act 69 d ru g trafficking
stan dard s of proof 70-1 detection rate (2001-06) 199t
further reading 83-4 disruption 21
see also individual acts
Crim inal Procedure and Eck's Triage M odel 199-200
Investigations Act (1996) 16, 34t, Effort Result H ypoth esis 199
67-8 electronic data 92
240
In d e x
elim ination enquiries 109t, 139-44 interpreting and integrating

em otional response, to crime findings 134-5
15-16 know ledge about individual
ethical stan dard s 23-4 disciplines 132-3
ethics, and decision-m aking 171-2 quality control 135-6
European Convention on H um an further reading 146
Rights (ECHR) 64, 65, 66 forensic evidence 16
evaluation forensic im age an alysis 138
in decision-m aking 168 forensic inference 159-60
evidential 156 forensic m edical exam ination (FME)
in investigation process 153-4 137
evidence 95-7 forensic p ath ology 137
credibility of 121 forensic processes, quality control
gathering 161 135-6
see also forensic evidence; rules of forensic psychology 138
evidence forensic science 3, 131-2, 136-7, 146
evidential evaluation 156 forensic scientists 136
exam ination processes 166-8 forensic telecom s exam ination 135,
exchange principle (Locard's) 92, 138-9
136 fraud, inform ation profiles 100,
executive m anagem ent 180-8 102-3t, 104
exhibits m anagem ent 169 further investigation 154-5
expert ad v isors 88-9 further m aterial, identifying 160-1
expertise, in surveillance 120
extortion 21-2, 185 G enesis site (NPIA) 81
eyew itnesses 87 'golden h o ur' 152-3
good practice 80-1
facilitating behaviour, transm ission governance 178-80
of inform ation 206-8 green p ap ers 58
falsifying m aterial 205-6 Guidance on Major Crime Reviews
falsity 172-4 (ACPO ) 186
'fast track action' 152-3 Guidance on Major Incident Room
Fielding, Henry 29-30 Standardised Administration
final w arn ings 19 Procedures (M IRSAP) 77, 183-4
finance and resources, A CPO 75 gu t reactions 162
financial data 129-30
fingerprint exam ination 136 handling stolen goo d s, detection
fingerprints 91-2, 100, 119, 133, 199t, 218-19
159-60 H er M ajesty's C ourt Service 14
fixed penalty notices 19 H er M ajesty's Inspector of
forensic, term inology 130-1 C onstabulary (HM IC) 35, 41, 72,
forensic disciplines 131 179, 192
m ost often u sed by investigators heuristics, investigative decision
136-9 m aking 161-2
problem s for investigators high profile incidents 111
form ulating specific tasks H O LM ES system 52, 139, 141-2,
134 181, 184, 185
241
H om e Office 3, 41, 72-4, 80, 178-9 see also techniques of

Home Office Counting Rules for investigation
Recorded Crime 80, 197 investigative outcom es 105
Home Office Statistical Bulletin: Crime a s know ledge 86-91, 94t
in England and Wales 198 police use of 85
H om e Secretary, key priorities 79 profiles 98-104, 105, 201-2, 226,
hom icide 22 7
central sq u a d s 49 quality of 64
detection rate (2001-06) 199t right to 81
inform ation profiles 99-100 Terrorism Act (2006) 60
investigators 158 transm ission to investigators
self solvers and w hodunits 200 204-11
H om icide W orking G roup (HWG) further reading 106
77 see also evidence; intelligence
hom ophobic crim e 16 inform ation m anagem ent 75
hostage negotiation 21-2 inform ation theory 203
H ouse of C om m ons 58 inhibiting behaviour, transm ission of
H ou se of Lords 14, 60 inform ation 204-6
H ouse of Parliam ent 58 initial accounts, investigative
house-to-house enquiries 101, interview ing 115—16
111-12 Initial Police Learning and
H um an Rights Act (1988) 63t, 64-6, D evelopm ent Program m e
121 (IPLDP) 38
hum an surveillance 120-1 initial response, to crim e reports
hunches 162 151-2, 155
inspections 179
1DENT1 133, 134 instigation ph ase 150-1
im age analysis, forensic 138 instrum ental aim , crim inal justice 9
incom petence, transm ission of intelligence 95
inform ation 207-8 intelligence datab ases 122
independent investigators 186 intelligence gathering 22
Independent Police C om plaints intelligence m anagem ent 122-3
C om m ission (IPCC) 73, 179 intelligence operations system s 185
indirect know ledge 110 intention 59, 60
individual response to crim e 15-16 inter-agency co-operation,
inferences 159-60 m anagem ent of 82
inform ants intim idation, of victim s and
know ledge about a crim e 87-8 w itnesses 204
transm ission of inform ation to intuition 162
investigators 208-11 investigation process 148-57
inform ation 85-106 ACPO m odel 148-57
attrition of 104-5 reactive and proactive m odels
centrality to investigation 85-6 148
classifying 93-7 sub-processes 187
a s data 91-3, 94t further reading 175
in the form of 'm aterial' 97-8 investigative decision-m aking
gathering 6, 61 157-69
242
Index
ethics 171-2 judicial decisions 60

failures 147 judicial oversight 23
investigative m indset 164-9 judiciary, role in investigation 179
key areas 157-61 justice
nature of 161-4 bringing offenders to 17-19, 23
record-keeping 169-71 see also criminal justice;
truth and falsity 172—4 m iscarriages of justice
further reading 175-6 Justices of the Peace 28-30
investigative evaluation 153-4
Investigative Interview Strategy kidnap 21-2, 185
(ACPO) 42 know ledge
investigative interview ing 86, 114-16 criminal acts 59
comm unication skills 105 of forensic disciplines 132-3
national training 42 inform ation as 86-91, 94t
PEACE m odel 114, 115, 118, 143 investigative 6, 7, 42-4
victim s and w itnesses 114-16 techniques of investigation 108t,
further reading 145 110-24
Investigative M indset 164-9
investigative practice 27-56, 223 law enforcement 25
developing 39-41 Law Society 13
investigative principles 45 Lawrence inquiry 192, 193
know ledge 41-4 law yers, concerns about w itness
national and local policies 44 statem ents 117
skills 45-6 'learning on the job' 162
understanding 46-7 legal advice, right to free 13
developm ent of 223-4 legal constraints, searching private
drivers for change 33-7, 55 prem ises 125-6
historical perspective 28-32 legal fram ework, of investigation 2,
om ni-competent constable 32-3 62-4
Professionalising Investigation changes to 33-5
Program m e 37-9 functions 63
H um an Rights Act 65-6 legal know ledge 44
professional 5-7, 39-47, 229 legal objectives 22-3
prom otion of good 80-1 Legal Services Com m ission 13
RIPA regulations 69 legislature 10, 15
studies of 42 see also criminal law
further reading 53-6 liars 173
see also criminal investigators lines of enquiry 16, 155
Investigative Practice Team (NPIA) local policies 44
41 Local Policing Plans 180
investigators see criminal local political objectives 78-80
investigators; independent Locard's exchange principle 92, 136
investigators long-term m em ory 90-1
iterative process, of investigation
153, 154f, 156 M acpherson Inquiry 192
m agistrates' courts 14, 60
ju dges, law m aking 58 'm ain line of enquiry' 155
243
m ajor incident room s (MIRs) 52, national policies 44

183-5 N ational Policing Board 73-4
m alpractice, potential for 224 N ational Policing Im provem ent
m anagem ent, of investigations 46 A gency (NPIA) 41, 73, 81
m anagem ent stru ctu res/p roced ures N ational Policing Plans 78-80,
36 179-80
m an agers, investigative skills 192-3 national political objectives 78-80
m aterial national stan dard s, achieving
destroying 204 com m on 80
falsifying 205-6 N ational Strategic A ssessm en t
identifying further 160-1 (ACPO) 179, 180
inform ation in the form of 97-8 negligence 59
reliability 165-6 night w atch 30
understan din g sources of 164-6 non-departm ental public bodies
w ithholding 206, 211 (N DPBs) 72-3
see also artefacts; articles; trace non-reporting 209
m aterial
m edia a p p eals 110-11 observation logs 121
m em bers the H ou se of Parliam ent offences
58 and inform ation profiles 100-4
m em ory 90-1 'taken into consideration' 197
mens rea 58-9 offender behaviour
M etropolitan Police 17, 30, 31, 32, 74 changing 227
M etropolitan Police Act (1829) 31 prevalance, in young 9
M inistry of D efence 82 transm ission of inform ation to
M inistry of Justice 14, 15 investigators 204-11
m iscarriages of justice 33-4, 55 offender profiling 138
m obile surveillance 120-1 offenders
'modus operandi characteristic 160 bringing to justice 17-19, 23
m oral view, crim inal behaviour 8-9 know ledge about a crim e 87
murder, detection rate 215-16 n um ber of active 9
Murder Investigation Manual (ACPO) state of mind 58-9
41, 49, 77, 80, 112, 152 Office for Security and Counter-
Terrorism 72
national agencies 49-50 Office of Surveillance
N ational Centre for Policing C om m issioners (OSC) 69
Excellence (N CPE) 42, 44 om ni-com petence 37
N ational Crim e Recording Stan d ards om ni-com petent constable 1, 28,
80, 178 32-3
N ational D N A D atabase 133, 134 'on the balance of probabilities' 71
N ational Intelligence M odel (NIM) open source inform ation database
22, 82, 181 122
N ational Investigative Interviewing open source intelligence 95
Strategic Steering G roup (ACPO) operational intelligence 22, 95
42 organisation of investigators 50-2
N ational O ccupational Standards organisational level failings 212,
38-9, 223 213t
244
In d e x
organised crime specialist crim e investigation

disruption and 21 capacity 12, 48-9
specialist investigators 49 u se of inform ation 85
w orking relationship between
PACE see Police and Crim inal C PS and 14
Evidence Act further reading 25-6, 230-1
p aedoph iles, technology revealing Police Act (1996) 178, 179
faces of 66-7 police authorities 178, 179, 180
pap er system s 184 Police and Crim inal Evidence Act
Parish C onstables Act (1842) 31 (1984) 34t, 64, 68-9, 126
p assive data 125, 128, 226 C ode of Practice 64, 68, 159,
analysis 130 178
collecting and retaining 128-9 Police H istory Society 54
inferences 160 Police and Justice Act (2006) 73
inform ation profiles 103t Police N ational C om puter (PNC)
sources 129-30 122, 178
further reading 146 Police N ational Legal D atabase
patrol officers see uniform ed officers (PN LD ) 44, 61
PEACE m odel 114, 115, 118, 143 police officers
penalty notices for disorder 19 plain clothes 17
perform ance m anagem ent 76, 79, uniform ed 12, 25, 32, 47-8, 191-2
186-8, 225 Police Reform Act (2002) 78, 178,
personal bias 162 179
personal failings 212, 213t Police Search A dviso rs (PoISAs) 125
physical evidence 99 Police Service Statement of Common
plain clothes officers 17 Purpose (ACPO) 23-4, 171
planning and preparation 166 police staff 12
poin ts to prove 60-2, 200 policing
police 10-12 before 1856 27
activity costs 1911 original aim s 25
bu sin ess units 188 tripartite structure 178-9, 194
capacity to carry out Policing Reference G roup 74
investigations 2 Policing S tan d ards Unit (PSU) 41
as 'citizens in uniform ' 32 policy fram ew ork 71-83
co-operation with national sources of policy 71-8
agencies 49-50 influences on 72f
com petence 5-6, 35-7 types of policy 78-82
effectiveness in investigation further reading 84
35-7, 55-6 policy p ap ers 58
force intelligence system s 122 policy-based research 3-4
independent forces 11, 77-8 policy-m aking units 72
objectives 78, 83 portfolio holders, A CPO 77
publicising crime 111 p ortfolios (ACPO) 74-6
p u rp ose of 23-4 Practical Guide to Investigative
ranks 11-12 Interviewing (ACPO) 42
response to volum e crime Practice Advice on House to House
investigation 193 Enquiries (ACPO) 100
245
Practice Advice on the Management of re-offending 20

Priority and Volume Crime (ACPO) reactive investigations 148, 150
181, 190, 193 readin gs 58
Practice Advice on the Resources and reassurance 19, 81, 112
the People Assets of the National recklessness 59, 60
Intelligence Model (ACPO) 81-2 record-keeping 169-71
practitioner research 2-3, 144-5, recording and collating 168
229-30 Regulation of Investigatory Pow ers
prima facie assu m ption s 167-8 Act (2000) 34t, 69, 87, 118, 121,
priority, and detection 202 124, 129, 147
Prison Service 15, 20 relevant inform ation 85, 96
private m em bers' Bill 58 reliability, of m aterial 165-6
private prem ises, legal constraints in reprim ands 18
searching 125-6 research
proactive investigations 148, 150 investigative skills 32-3
Probation Service 15, 20 see also policy-based research;
procedural changes, investigative practitioner research
practice 35, 55 resource allocation 202
proceeds of crime, inform ation resource m anagem ent 81-2, 188
profiles 102t resources 190-1
Proceeds of Crim e Act (2002) 21, 71, ACPO bu sin ess area and
130 portfolio 75
professional practice 5-7, 39-47, 229f investigation policy 79
Professional Practice Unit (NPIA) 41 Respect Task Force 72
professionalisation 2, 37, 39, 56, 228 review s 185-6
P rofessionalising Investigation RIPA see Regulation of Investigatory
Program m e (PIP) 37-9, 40t, 223 Pow ers Act
Prosecution of O ffenders Act (1985) risk m anagem ent 71
13, 34t robbery, detection rate (2001-06)
Public D efender Service 13 199t
publicity, gaining 111 Royal C om m ission on Crim inal
ju stice (1992) 147
quality Royal C om m ission on Crim inal
of inform ation 64 Procedure (1981) 68
of investigation 17 Royal C om m ission on Police Pow ers
of supervision 192 (1929) 32
quality control Royal Irish C onstabulary 31
b u siness units 188 rules o f evidence 70, 85, 96
forensic processes 135-6
sanctioned detections 198
race and diversity, A CPO 76 scientific service m an agers 132
Race Relations A m endm ent Act screening, crim e reports 47
(2000) 24 searches 125-6
rape self solvers 200
detection rates 199t, 216-17 senior investigating officers (SIOs)
investigation 192, 220 36, 49, 50, 52, 80, 170, 171, 185
points to prove 200 sensory inform ation 89-90
246
In d e x
sentences 14 investigative skills 192-3

sergeants, uniform ed 191-2 m entoring and developing staff
Shipm an, H arold 207-8 191-2
Shipm an inquiry 192, 193 surveillance 69, 120-2, 145
short-term m em ory 90 surveillance com m issioners 69
sim ple cautions 19 surveillance system s 129
single investigators 50-1 su spect m anagem ent 155-6
skills, investigative 6, 7, 32-3, 36, su spect param eters (TIE) 141
45-6, 192 suspects
Skills for Justice 38 identifying 158-60
snow balling 101, 112-13 interview ing 118-19
society sw orn officers 11, 12
concerns about quality of sym bolic aim , crim inal justice 9
investigation 17
im portance of crim inal 'taken into consideration' 197
investigation to 17 Tasking and Co-ordinating G roups
response to crim e 222 (TCG s) 150-1, 181-2
solicitors, C PS 14 Taylor, D am ilola 135
Solicitor's C ode of C onduct 13 technical surveillance 120, 121
sound recordings 92 techniques of investigation 107-46
specialist crim e investigation acquiring data 109t, 124-39
capacity 12, 48-9 acquiring know ledge 101, 108t,
specialist investigators 35, 48-9, 51 110-24
sp on tan eous offending 8, 201-2 changes 35
sq u ad s 48-9, 51-2 elim ination enquires 109t,
staff m anagem ent 189 139-44
stan dard s revealing faces of p aedophiles
achieving com m on national 80 66-7
crim inal investigation 23, 178 skills 45
see also ethical stan dards; further reading 55, 144-6
N ational Crim e Recording telecom data 130
Stan d ards; National telecom s exam ination, forensic 135,
O ccupational stan dard s 138-9
stan dard s of proof 70-1 telephone reports 47
static surveillance 120 terrorism
stop checks 113-14 ACPO bu sin ess area and
strict liability 59 portfolio 76
supervision of investigations 177-95 specialist investigators 49
case loads 189-90 see also counter-terrorism
direct su pervision 189 Terrorism Act (2006) 60, 68
executive m anagem ent 180-8 Terrorism Bill 59-60
governance 178-80 testim ony evidence 70
individual 189-92 Tham es River Police 31
level of resources 190-1 theft 8, 61
m an agin g bu sin ess units 188-9 Theft Act (1968) 61
further reading 194-5 thief takers 29, 30
su p erviso rs 190-2 TIE 139
247
categories 140 volum e crime, detection rates

conducting enquiries 142-3 217-18
elim ination criteria 141-2 volum e crim e investigation, police
popu lating categories 140 response to 193
strategy (w orked exam ple) 143 Volume Crim e M anagem ent M odel
subjects 140-1 (VCM M ) 181, 183
su sp ect param eters 141 Vulnerable Witnesses: A Police Service
time param eters 141 Guide (H om e Office) 41
tim ing, house-to-house enquiries
112 5WH form ula 154
'trace, investigate and elim inate' see watchm en 30
TIE 'w eapon focus' 90
trace m aterial 92, 125-6, 152, 217 white p ap ers 58
'trading justice' 30 'w h oodunits' 200
Triage M odel 199-200 w ithholding inform ation 206, 211
truth 172-4 w itness accounts, recorded 117
Turnbull Rules 64 Witness C are Units 81
w itness reluctance 209-10
understanding, in investigative w itness statem ents 117
practice 6, 7, 46-7 w itnesses
uniform ed officers 12, 25, 32, 47-8, inform ation profiles, burglary
191-2 and fraud 102t
uniform ed operations, ACPO 76 interview ing 114-16
uniquely linking features 160 intim idation and control 204
know ledge about a crim e 86-7
vehicle crim e locating 110-14
detection rate (2001-06) 199t m em ories about a crim e 90-1
sp on tan eous incidents 201 need for reassurance and care 19
verification bias 162-3 response to crim e 16
victim less crim e 209 transm ission of inform ation to
victim s investigators 208-11
interview ing 114-16 workforce developm ent, ACPO 76
intim idation and control 204 working m em ory 90
know ledge about a crim e 87 w oun ding, detection rate (2001-06)
need for reassurance and care 19 199t
response to crim e 15-16 written evidence 70
transm ission of inform ation written statem ents 116-17
208-11
video recordings 117-18 young, prevalence of offending 9
violence, non-lethal 210-11 y oung offenders, cautioning 18-19
248

Criminal Investigation An Introduction To Principles and Practice

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Criminal Investigation An Introduction To Principles and Practice

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Criminal

Published 2013 by Routledgc

Routledge is an imprint o f the Taylor & Francis Group, an informa business

© Peter Stelfox 2009

All rights reserved; no part of this publication may be reproduced, stored in a

ISB N 13: 978-1-843-92338-1 (hbk)

British Library Cataloguing-in-Publication Data

Project m anaged by Deer Park Productions, Tavistock, Devon

List of figures and tables viii

1 C rim e and in vestigative practice 1

2 The developm ent of in vestigative practice 27

3 C rim inal law and policy 57

5 T h e te c h n iq u e s o f in v e stig a tio n 107

6 T h e in v e stig a tio n p r o c e s s a n d in v e stig a tiv e

7 T h e s u p e r v is io n o f c r im in a l in v e s tig a tio n 177

The detection rate 198

3.1 Influences on the three m ain sources of policy 72

2.1 L egislative ch anges to crim inal investigation s 34

Crime and investigative practice

there is no tradition within the police service of practitioners taking

N H S rather than on patient care, or to b u ilders havin g access to a

C h apter 2 looks in m ore depth at the developm ent of investigative

It is difficult to overstate the im portance that crim inal investigation

and com plex reality of the hu m an b eh av io u r called crim e. In order

• K n o w led ge of law, inform ation p rofiles, h u m an beh aviour,

• Sk ills in a p p ly in g the techniques of crim in al in vestigation su ch a s

• U n d ersta n d in g o f h ow to a p p ly their k n o w led ge an d sk ills to

U n d erstan d in g in v e stigativ e p ractice requ ires an u n d ersta n d in g of the

to be term ed crim e. M ost p eo p le will readily iden tify that m urder,

approach is as lim ited a s any other in explaining why som e people

Running alon gside our experience of crim e, w hether real or fictional,

w ay in which in d iv id u als choose to u se the crim inal justice system .

The legislature is the political institution that determ ines what

Crim inal justice agencies

Avon and Som erset Leicestershire C onstabu lary

Within these police forces crim inal investigation is carried out

• D eputy C hief C onstable (D eputy C om m ission er in the M etropolitan

Crim inal D efence Service (C D S )

Crown Prosecution Service (CPS)

Prison an d Probation Service

Individual responses to crime

response in those w ho are m ost im m ediately affected by them.

T h e role o f crim in a l investigation in the respon se to crim e

investigators fail to identify them du rin g the investigation ph ase, it

Bringing offenders to justice

The form al p u rp o se of a crim inal investigation in En gland and Wales

An investigation conducted by police officers with a view to it

On this definition, a crim inal investigation is the m eans by which

• Reprimands. These are given by the police to those aged 10 to 18

• Final warnings. T h ese are given by the p olice to those a g e d 10 to

• Simple caution. T h ese are giv en to those ov er 18 y ears o ld an d are

• Conditional cautions. C on d ition al cau tion s are the sa m e a s cau tion s

• Cannabis warnings. A s the n am e su g g e sts, these can b e given by

V ictim s, w itn e sses an d co m m u n ities are not a h o m o ge n e o u s gro u p .

Crim e prevention an d reduction

In recent years, u sin g crim inal investigation as a m eans of disrup tin g

The second w ay in which disruption is u sed differs from the first

Like disruption techniques, a sset recovery is prim arily aim ed at

Kidnap, extortion an d hostage negotiation

R esolvin g situation s w here som eone h as been k id n ap p ed and is

subject to extortion to stop an offender from doin g som e harm

Objectives o f the law and ethics

Crim inal investigation h as a w ide range of strategic objectives, and

Crim inal justice H ow crim inal justice agencies work. Particular su b