Case Management for Financial Investigations: Principles, Ethics, and Techniques, Slides of Criminal Justice

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Case Management

“Case management is at the core of any effective investigation”

Any Questions ask as we go through.

What is a criminal investigator?

…any police officer involved in the conduct of a criminal investigation. All investigators have a responsibility for carrying out the duties imposed on them under this code including, in particular recording information and retaining records of information and material. Code of Practice to the Criminal Procedure and Investigations Act 1996 (CPIA)

Investigation Principles

• When using legal powers this be done proportionately and without oppression.
• Investigations should be carried out as transparently as possible.
• Understand the needs of individuals.
• Investigators should progress their investigation ethically.

National

Decision Model

Code of Ethics

Investigative Skills

• The planning required to conduct an investigation and the investigative process
• Decision making and how it can be improved by applying the investigative mindset
• Investigative and evidential evaluation (which can assist the investigator to determine the value of material gathered during the investigation)
• Creative thinking
• Challenging experts
• Victim and witness care.
• Investigation must be proportionate and take into account local cultural and social sensitivities.

Human Rights and Financial Investigation

• Paragraph 1 of Schedule 1 to the HRA lists the Articles under the ECHR:
• Article 1 Protection of property
• Article 2 Right to life
• Article 3 Prohibition of torture
• Article 4 Prohibition of slavery and forced labour
• Article 5 Right to liberty and security
• Article 6 Right to a fair trial
• Article 7 No punishment without law
• Article 8 Right to respect for private and family life
• Article 9 Freedom of thought, conscience and religion
• Article 10 Freedom of expression
• Article 11 Freedom of assembly and association
• Article 12 Right to marry
• Article 14 Prohibition of discrimination.

The Virgin Islands Constitution Order 2007

• Chapter 2 Outlines the ‘Fundamental Rights and Freedoms of the Individual” s.19 - Protection of private and family life and privacy of home and other property s.25 – Protection from deprivation of property

Police Obligations & HRA & Financial Investigation

• Must show activities are in accordance with the law and are necessary and proportionate
• that there were reasonable grounds to suspect some knowledge or involvement relevant to the criminal offending or disturbance of the peace
• that the proper procedures have been followed, recorded and all actions were authorised
• that the nature of the interference is proportional in its seriousness to the matter being investigated
• all the options were considered and all the relevant factors recorded
• that the methods used were necessary for the purpose of the enquiry.

Strategy Development

The purpose of an investigative strategy is to:

• identify the most appropriate line(s) of enquiry to pursue
• determine the objective of pursuing particular lines of enquiry
• identify the investigative action(s) necessary to efficiently achieve the objectives, taking into account resources, priorities, necessity and proportionality
• direct and conduct investigative actions to gather the maximum amount of material which may generate further lines of enquiry
• understand and manage community impact.

Auditable decision making

This means:

• making decisions in a timely and proportionate way
• recording what has been done and why it was necessary
• the reasons for taking particular investigative actions and what the outcome was
• providing an audit trail that can be followed in the event of review, scrutiny or new material coming to light.

Evidential Disclosure

“The central importance of the duty of disclosure must be seen from the twin perspective of fairness to the accused and as a vital guarantor of a secure conviction. Cases that collapse or are stayed and convictions that are quashed because of serious deficiencies in disclosure are fair neither to the complainant and the defendant nor to the public and they undermine confidence in the administration of criminal justice.” Attorney General, Review of the efficiency and effectiveness of disclosure in the criminal justice system, 2018

• Relevant material includes not only material coming into the possession of the investigator (such as documents seized in the course of searching premises) but also material generated by the investigator (such as interview records).

Sensitive material

Sensitive material is material, the disclosure of which, the disclosure officer believes, would give rise to a real risk of serious prejudice to an important public interest. If the material does not fit, then it should be described as non-sensitive. Give some examples of what may fall into this category.