The Investigator - Issue 1 2012 by The Investigator

Investigator t he

Issue 1 2012

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Hidden Gems

ESSENTIAL READING FOR TODAY’S INVESTIGATORS

Using jewellery forensics to identify victims and suspects Also inside this issue:

Sexual Oﬀences: the best evidence available

UK ﬁnger print law challenged in Scotland

Family Liaison Oﬃcers: Latest updates

LGC’s Forensics team ﬁnd the key evidence

CCTV CONFERENCE

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22 May 2012 - Rothley Court Hotel - Leicestershire - UK Speakers include: • • • •

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CONTENTS

FAMILY LIA

Family ma tters

ISON OF

Also in this issue

week that Gary Dobson Norris were and David convicted of “I am delig murder of hted to be Stephen Law the racist awarded such was recognis rence, one honour and ed man an especially has spearhea for the important wor pleased for who have my family been a grea ded to prof k he t support to liaison in hom essio the past ten me over icide inves1ga nalise family years,” he said. 1ons. Duncan McG “I also think arry the nearly 30 year is a career detec4ve endorsement award is an importan with s service in t of he has been the Met Polic work we have family liaison and of invo e and the all put in over inves4ga4ons lved in a wealth of the past deca across the de. He is now UK and the It was inter a Durham world. es4ng that officer. it came right same 4me at the as the Lawr Since the Mac ence trial. lot of refle It gave me c4on abou pherson repo a t where we’v murder inve what has happ e been and s4ga4on was rt into the failed ened in that 4me Mr McGarry released in endorsed the . It actually 1999, has helped reason why the carry out a liaison in the we do fami root and bran police service ly first place.” liaison. As ch reform a resu of family the New Year lt he was awarded One of the an MBE in most fund Honours list amental failin efforts. for his uns4 come out of gs to n4ng Lawrence was rela4onship between the that the the family inquiry team www.the-in broke dow and n at an early vestigator. stage to co.uk

2 Conference

EVIDENC

CCTV for Investigator Conference

Issue 1 2012

NG DNA REVIEWI

24 Virtual Intelligence

FORENS ICS

case, combine forensic oach to the LGC’s appr r4se, led the n and expe . This its innova4o en4re case amine the fibres team to re-ex evidence - including new clothing produced Lawrence’s es, and of Stephen s cloth ’ item kers from ed to his a5ac packaging in that transferr in the ents found ini4al blood fragm was kept during the ing which cloth 4on. inves4ga the 4me of available at able nology not the team was Using tech inves4ga4on, le from blood the original profi r’s that a DNA of the kille to establish found on one Lawrence. hen subsequently Step hed that of jackets matc LGC Director of , Managing Steve Allen

UDY CASE ST

Issue 1 2012

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co.uk

’s ed at Susie Tina Centre look contacted Opera4ons of on needs and iary, who is the benefits communica4 med Police saw stered Inter ryn had diatry in a arwickshire Pereira, Regi ands. Kath tered Interme DC Kathryn West Midl the re so it was in . d using a regis befo 1on base iary s1ga was an intermed abuse inve rience. She report. never used expe ira recent child ing Pere n and g learn and Tina an interes4n by how li5le was know iary Somerville med in June very surprised t the Witness Inter took on a case girl the d abou Somerville g not just by understoo DC Kathryn Susie*, a youn ed by her force, h involved ts. abus me within Cour ally Sche and 2010, whic sexu edly been also the CPS Police but who had alleg Kathryn was a newly apist er. was the Language Ther her step-fath table and it in c4ve Cons a Speech and ial interest Tina is also qualified Dete in the Child n, with a spec s4c Spectrum worked on on for by professio first case she . During the prepara4 bilty and Au4 the Special Unit Learning Disa has a Statement of blished that Protec4on esta she ority view ing Disorder. Susie ds from the Local Auth the ABE inter re and complex learn Nee exper4se in seve Educa4onal and Tina’s vic4m had uage and the difficul4es ifically lang ligh4ng her for learning ht advice from Coneeds, spec useful in high on on. She soug Needs this field was communica4 communica4 Educa4onal individual O (Special opriate specific and school SENC used her as the appr trial. g durin and difficul4es ordinator) interview. ning Disability 1), the adult for the the with a Lear (200 Witnesses involved with ing People’ ment ‘Valu not become me un4l the postes Learning In the docu Kathryn did of Health defin mediary Sche 4ng with the CPS Department Witness Inter presence of: to ce had a mee the She chan as e. by Disability charge stag ced ability case and just about the ficantly redu plex informa4on, to or signi the ecut A d • pros hear ecutor over d new or com intelligence), with; understan d that an another pros and suggeste skills (impaired independently the learn new idered for conversa4on ability to cope could be cons • A reduced l func4oning); intermediary with a socia the NPIA. The (impaired adulthood, court trial. ed before e contact with (WIS) Which start • me Kathryn mad Sche mediary ialist uk Witness Inter NPIA Spec the tigator.co. at ice w.the-inves matching serv

UIRY

FINGERP RINT INQ

F 18 i n g e rp

2012 Issue 1 -

Investigator

r i nt s

t h e ro a d t o re form

he fingerprin t professio n in the UK set for a seism is now ic change in following two bias. All of prac1ces these facto rs featured most recent landmark cases in 2011 McKie case in the . of these is the Sco3sh . The Fingerprint Inquiry into the Shirley case which The judges McKie has also made unfavourable ques1on was determined that the comparison mark in between finge misiden1fied. case’ as it and rprin The ‘con t ‘Sco prac4ces temporary is frequent 3sh forensic ly referred provoked sugges4ng to, has controversy that they were science’ and divided fingerprint the 4mes in , frankly, behi the community their approach nd interna1o over a deca evidence and to nally for de. that their train presen4ng not up to stan ing systems dard. Thes were There can e issues are about the be li5le doub governance also of fingerprin t that ther local and par4 another facto e were ts– yet cular facto r that was Sco6sh Crim rs within the central to case. the McKie inal Records [then] contributed Office that to this case cann the many failings invo To the disp assionate obse lved ot be dism issed as a ‘loca . But problem. In knowledge rver with signi April 2011 of the finge l’ ficant in R v Smit rprint com of Appeal will be clear h, the Cour munity, it in England that these t and Wales are cri4cised the but iden4fy heavily deeper issue not isolated cases fingerprint evidence for, amongst othe within finge s to be addr rprints and essed r more broa experts (par things, inconsistency policing and dly between 4cularly in in crim inal jus4ce. rela4on to interpreta4on this change At the hear proc of the mark t of contemporan contradic4on ess is an apparent ) lack of eous notes – how can and confirma4 something so reliable for so long that was on , now seem riddled with to be problems? The truth is that

Issue 1 2012

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OFFE SEXUAL

Hidden Gems

ESSENTIAL READING FOR TODAY’S INVESTIGATORS

NCES

M i n d y ou 20

r languag Issue 1 2012

www.th

e-investiga to tor.co.uk r day event cs in ding a fou ham is hol using forensic linguis1 y of Birming on he Universit gators with advice Woodhams reports. as es1 such sica inv es e Jes niqu tech provid ons, Dr a of scenario, ) can have e inves1ga1 In this type analysis (CCA CCA sexual crim and now a para4ve case play. Whilst

Using jewellery forensics to identify victims and suspects Also inside this issue:

LGC’s Forensics team ﬁnd the key evidence

www.the-investigator.co.uk

co.uk

te Help Intermedia

Phones

Family Liaison Oﬃcers: Latest updates

vestigator.

he Forensic iden1fica1 clues in an on of jewelle inves1ga1 ry could of Dundee outlines her on. Maria MaClenna provide valuable n res

50 From Drones to Mobile

UK ﬁnger print law challenged in Scotland

www.the-in

from The Un earch. There is an ever-increasin iversity individual personal iden g threat to our 44es Century: from that can mak iden4ty the$ in the 21st e with globalisa laborious proc iden4fying a vic4m a to fraud, coup long and 4on and a ess. In certa led significant in interna4o areas of the in, less deve increase nal mass-dis worl loped d, dent asters and threats. The al records analysis may terrorist and DNA significant not be read increase in fatality incid ily available some extre massents in par4 me , and in cular, mea experts have corpse post cases, wounds inflicted ns fore had to beco -mo to a u4lising inno me more adep nsic such as finge rtem may make proc va4ve meth esses rprin t at 4ng nigh on impo ods of iden should trad 4fica4on i4onal meth ssible. ods be dimi fail en4rely. nished, or In the a$er math of the Whilst trad 2004 India Tsunami, a i4onal fore n Ocean substan4al nsic iden4fica amo procedures informa4on 4on such as DNA was lost thro unt of vital DNA , fingerprin dental reco immersion ugh the prolo 4ng and rds of bodies in nged enforcement are crucial weapons salt water. people in sear in any law With more agency’s armo ch of the perf comes to esta smile, peop ury when it ect ‘Hollywo le are beco blishing iden od’ ming be5er procedures 4ty, such care for their are able to teeth, and with the mas not always equipped som enough neve to deal s-iden4fica4on r to have requ e are fortunate a result of of of ired dent individuals a great deal al work. contemporar as y disasters. O$en, ther Even the relia e are extra bility of fingerprin neous force has been brou s at work ts as evidence ght into ques case in the 4on, as was recent Shirl ey McKie inve the s4ga4on.

Management Solutions

Sexual Oﬀences: the best evidence available

- LGC me4culous Steve Allen Persistence, Director innova4on Managing science and ict can help conv a$er s shows criminals year the crime. This case ed is to they commi5 successful forensics to e that the key is all the mor ing - which murder of assume noth cases like the as in in historic case, as well important ence. In this Rachel Stephen Lawr Damilola Taylor and of the murders

Hidden Ge

34 Facial Composition

the

proud of “I’m extremely LGC’s the work that 4sts did on forensic scien this case.

2012 Issue 1 -

com role to analyst it’s important prac1ce is s an ex-crime y decades, poten4ally hologist, my ucted for man ected to forensic psyc s of using has been cond ntly that it’s been subj the principle on into rece . These guided by Its introduc4 only more lable evidence irical scru4ny. ral countries has the best avai the work of my close emp seve rpin in ngs with also unde s at Aston legal proceedi collabora4on basis principles archers in ist colleague we are its required rese inves4gate whether forensic lingu together in April 2012 held s to and event to be police force University on a four-day Linguis1c is valid. collabora1ng y of Birmingham – ral ersit Sexual of behaviou at the Univ niques for iples Tech ). princ g now gical 2012 l eness have Its underlyin and Psycholo 1on (16th-19th Apri and dis4nc4v crime s1ga consistency le range of Crime Inve latest d with a who crime as well been teste s through the of volume h it is g delegate be ding forms der, with whic types inclu We’ll be takin in these fields that can mur and al rape d. 4on of sexu as stranger developments ally associate the t the inves4ga lopments in more tradi4on used to assis (CCA) e include deve us operandi crimes. Thes para4ve case analysis of using mod s have been mixed com es: The results prac4ce of serie otyp e 4fy stere ce rape to iden some crim behaviour t forensic scien and tackling findings for ledge abou inals promising pared to with more As more know been imparted to crim that robbery) com , rape and types (e.g. ia where does we methods have . , burglary) popular med s if others (e.g. through the trying to iden4fy serie n s? leave us whe forensic lead can’t rely on

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2012 Issue 1 -

Issue 1 - 2012

features 7. Family Matters

's LGC, the UK n(fic work, the (culous scie ic services, helped nstaking, me to jus(ce. forens hanks to pai ndent provider of n Lawrence phe Ste of epe largest ind g the killers Police brin Forensics said: Metropolitan d with

27 Mobile Phone Forensics

48 Integrated DIP & Offender

Forensicrough Br e ak t h

Social networks can provide a wealth of information for investigators. Mike Hodge, head of research and profiling for the Cotsworld Group provides some expert advice.

41 Child Witnesses

FICERS

The finding s of family liai of the Macpherson rep Na(onal advson in homicide inves( ort resulted in a rad ica progress tha isor for Family Liaison ga(ons. Duncan Mc l overhaul Garry, the complacen t has been made and talks to Carol Jenkin cy. s warns aga inst future about the n the

Duncan McGarry talks about the progress that has been made in family liaison and warns against complacency

10. Forensic Breakthrough

Forensic evidence helped convict the killers of Stephen Lawrence

14. Hidden gems

Previewing research on the forensic identification of jewellery

18. Intermediate Help

Registered intermediaries can play a vital role in child abuse cases

20. Fingerprint

Jim Fraser looks at the change in practices in fingerprinting

31. Language Lessons

Forensic linguistics is a developing discipline that could provide vital evidence in an investigation

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Family liaison now plays an integral part of major crime investigations and the postLawrence years have seen the police service radically improve its approach in this area. Duncan McGarry highlights how vital it is for an inquiry team to build a relationship with relatives from the outset of an investigation and makes a pertinent point that family liaison is the responsibility of the entire team â&#x20AC;&#x201C; not just the FLO. He is right to highlight the dangers of becoming complacent in this area and urges forces to continue to develop their family liaison skills. This issue also highlights how vital forensic science has become in securing evidence in major investigations and the work carried out by LGC proved that there is no substitute for professionalism and for taking a thorough approach to the forensic strategy. Changes to the double jeopardy laws have also helped the justice system take advantage of fresh evidence and new forensic techniques in order to bring the killers of Stephen Lawrence to justice.

Carol Jenkins

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Issue 1 - 2012

EDITOR Carol Jenkins Tel: +44 (0) 844 660 8702 carol@the-inves5gator.co.uk

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FROM THE EDITOR

The convictions of David Norris and Gary Dobson highlighted the importance that providing justice for bereaved families is in the investigation of major crime.

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The findings of the Macpherson report resulted in a radical overhaul of family liaison in homicide inves(ga(ons. Duncan McGarry, the Na(onal advisor for Family Liaison talks to Carol Jenkins about the progress that has been made and warns against future complacency.

n the week that Gary Dobson and David Norris were convicted of the racist murder of Stephen Lawrence, one man was recognised for the important work he has spearheaded to professionalise family liaison in homicide inves2ga2ons.

Duncan McGarry is a career detec5ve with nearly 30 years service in the Met Police and he has been involved in a wealth of inves5ga5ons across the UK and the world. He is now a Durham oﬃcer. Since the Macpherson report into the failed murder inves5ga5on was released in 1999, Mr McGarry has helped the police service carry out a root and branch reform of family liaison. As a result he was awarded an MBE in the New Year Honours list for his uns5n5ng eﬀorts.

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“I am delighted to be awarded such an honour and especially pleased for my family who have been a great support to me over the past ten years,” he said.

“I also think the award is an important endorsement of family liaison and of the work we have all put in over the past decade. It was interes5ng that it came right at the same 5me as the Lawrence trial. It gave me a lot of reﬂec5on about where we’ve been and what has happened in that 5me. It actually endorsed the reason why we do family liaison in the ﬁrst place.” One of the most fundamental failings to come out of Lawrence was that the rela5onship between the inquiry team and the family broke down at an early stage to

Issue 1 - 2012

FAMILY LIAISON OFFICERS

Family matters

FAMILY LIAISON OFFICERS

such an extent that it became diﬃcult to repair.

inves5ga5ons.

Central to the new approach to family At the 5me of the liaison is the premise Lawrence murder, that at the heart of there was no na5onal every tragedy there is guidance for family a family and liaison and it was understanding the conducted on an ad needs of the Stephen Lawrence who was murdered on 22 April 1993 hoc basis. Mr McGarry bereaved within the admits that the context of o%en very service was “only as good as the people who complex and difficult inves5ga5ons. were given the role.” While he recognises that family liaison “One of the most important aspects to come officers are there to support the family, Mr out of Lawrence was us ques5oning just how McGarry emphasises that their primary role good we as a service were at inves5ga5ng is not as an ‘agony aunt’ but that it is much homicide. The big ques5on is how do you more sophis5cated than this. inves5gate homicide without knowing as much as possible about the dead person? “It is a professional role that needs to be The family is important from the vic5mology carried out by inves5gators of the highest aspect and for the management of public level. You cannot be an FLO if you are not an percep5on and public confidence. You can’t accredited detec5ve. However, what I will say do anything without public confidence.” is that the interface between police and family is essen5ally s5ll a suppor5ve one.” In the years since Lawrence, na5onal guidance on family liaison has been He also emphasised that FLOs are not there developed and championed at chief officer to inves5gate the family but to inves5gate level by Commander Simon Foy in the Met, the circumstances of the death surrounding who is the ACPO lead. The head of the ACPO that family. Homicide Working Group, Durham Chief Constable John Stoddart, OBE, has “It’s all about accountability and how we are also been highly suppor5ve of the accountable in our work regarding family liaison as a rela5onship with families. vital part of the inves5ga5on process. This includes looking at how we give death The fact that there is now messages, how we na5onal governance for present evidence to the work has had a huge families and how we impact and Mr McGarry prepare them for trials. is pleased about the The role is quite unique in progress that has been made that the FLO will o%en be in around the country in ensuring contact with the family a%er there is a minimum standard of the inquiry is over. FLOs need family liaison provided in homicide to demonstrate their

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forces will become complacent around their whole approach to family liaison.

The way in which FLOs engage with families and ask them key inves5ga5ons is also an area that needs to be handled with care. As a result, all FLOs are required to be trained interviewers. “FLOs should be regarded as the family interview team and are going to gather informa5on about the lifestyle of the person and any informa5on that could provide vital clues about their death. Some5mes we have to ask the family some diﬃcult ques5ons and so it’s essen5al that FLOs are trained to ask those ques5ons in the most appropriate way possible.” Despite the fact that FLOs are the main interface between police and the family, Mr McGarry points out that family liaison is not just the business of the FLO but of the inquiry team as a whole. “We need to take collec5ve responsibility for this vital area. Family liaison is what the police do – it’s not just what FLOs do. This means that we need to pay par5cular a6en5on to what informa5on we put into the media; the informa5on our spokespeople say when they are on camera and understand that situa5ons like this can have a very real impact on the family.” One of his biggest concerns is that, having achieved such drama5c progress in this area over the past ten years that

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“I’m concerned that there will be this complacency around us thinking that family liaison as we know it now is the ﬁnished ar5cle and that we don’t have to worry about it anymore,” he said. “This would be a big mistake. I use the analogy that you are immunised to avoid an epidemic – but you’ve got to keep up that immunisa5on going to avoid a return of an epidemic. We need to constantly strive to ensure we are on top of our game and work towards constant improvement. Complacency is the real enemy of family liaison.” Mr McGarry warned the service not to wait un5l another tragedy happens to review it approach to family liaison. “Wai5ng for another tragedy to happen is too bigger price to pay. I don’t want a tragedy that exposes family liaison as being complacent as it undermines people’s hard work. “This year is an Olympic year with all the risks that come with such a large scale event and I’m conﬁdent we are in good shape as a service to deal with anything that’s thrown at us – I’ve got nothing but praise for the FLOs working on the frontline who put their all into ensuring we deliver a professional service to bereaved families.”

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FAMILY LIAISON OFFICERS

commitment to the role as it is a very demanding one.”

REVIEWING DNA EVIDENCE

Forensi c Br e ak t h ro ugh

hanks to painstaking, me(culous scien(fic work, LGC, the UK's largest independent provider of forensic services, helped the Metropolitan Police bring the killers of Stephen Lawrence to jus(ce.

LGC’s approach to the case, combined with its innova5on and exper5se, led the forensic team to re-examine the en5re case. This produced new evidence - including ﬁbres from items of Stephen Lawrence’s clothing that transferred to his a6ackers’ clothes, and blood fragments found in the packaging in which clothing was kept during the ini5al inves5ga5on.

Using technology not available at the 5me of the original inves5ga5on, the team was able to establish that a DNA proﬁle from blood subsequently found on one of the killer’s jackets matched that of Stephen Lawrence. Steve Allen, Managing Director of LGC

Forensics said:

“I’m extremely proud of the work that LGC’s forensic scien5sts did on this case. Persistence, me5culous science and innova5on Steve Allen - LGC can help convict Managing Director criminals years a%er they commi6ed the crime. This case shows that the key to successful forensics is to assume nothing - which is all the more important in historic cases like the murder of Stephen Lawrence. In this case, as well as in the murders of Damilola Taylor and Rachel

Issue 1 - 2012

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REVIEWING DNA EVIDENCE

Nickell, LGC has an extraordinary record of success - largely because we look for evidence that may not have been the object of the original search. We keep an open mind at all 5mes.” Success in cold cases including the death of Damilola Taylor sparked a new review which uncovered key forensic evidence in the Stephen Lawrence inves5ga5on. A team of forensic scien5sts at a private company called LGC were asked to “start again from scratch” in working to uncover evidence against whoever killed Mr Lawrence. They carried out months of painstaking research before DS Alan Taylor and forensic scien5st Rosalyn Hammond undertook the mammoth task of making sure forensic evidence had not arisen through contamina5on. The team at LGC took a much wider approach than had been adopted before. When examina5ons were carried out in 1993, it was believed Ros Hammond that any tex5le fibres Forensic Scien st would have fallen off the suspects’ clothes in the two weeks between the killing and their first arrest. Blood stains or hairs also had to be of a certain minimum size for DNA profiling to be carried out. But a%er successful convic5ons in a number of cold cases, around 2006 detec5ves realised that star5ng from the beginning could yield results. Gary Pugh, Director of Forensic Services for

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Gary Dobson's jacket had Stephen's DNA on it

the Metropolitan Police, said: “The Damilola Taylor case...involved what LGC have done in going right back to basics and star5ng from scratch. Many of these cases have had reviews over 5me but quite o%en they’re with a presump5on that if nothing’s been found the items aren’t re-examined.

“What I think we’ve done here and in previous cases is start again from scratch and that was the brief we gave LGC in this par5cular case.” The Damilola Taylor case involved the key discovery of a blood stain on the shoe of one of the defendants. Under double jeopardy legisla5on, inves5gators were required to prove that scien5sts had done all they could previously to find the Stephen Lawrence evidence, and that there was no lack of due diligence. Alan Tribe, manager of the Met Police evidence recovery unit, explained that scien5fic methods advanced significantly between the 1990s and 2007 when the cold case review started.

Issue 1 - 2012

REVIEWING DNA EVIDENCE

amount about how you look for evidence and where you look for it and when you look for it, combined with the fact that we now have much more powerful technology to analyse it.” The tiny fragment of Stephen Lawrence's blood found amid &ibres of Gary Dobson's jacket

He said: “In 1993 though to 1996 the methods used were not being targeted at 5ny, microscopic bloodstains – certainly the size of the stain found later on the jacket. This is principally because such stains would not have been capable of being subject to DNA proﬁling during the 5me.”

The team used cu7ng-edge techniques such as examining suspect items all over with a low-powered microscope, Edward Jarman and they sent a Body fluid specialist 2mm fragment of hair to the US to be tested for mitochondrial DNA. Body ﬂuid specialist Edward Jarman and his team developed their own experiments to show that the bloodstain on Gary Dobson’s collar was not caused during saliva tes5ng, as the defence claimed.

The smallest speck of blood ever used in evidence at a British court

It was only from 2000 that blood stains invisible to the naked eye were able to be analysed for DNA, and then the techniques were in their infancy. Dr Angela Gallop, who worked for LGC during the cold case, said: “The emergence of the ﬁndings in this case depends partly on improving methodology, this is lessons learned from other cases in how to ﬁnd these truly 5ny amounts of evidence, alongside developments in technology which allowed us to actually analyse them.” She went on: “We’ve learned such a huge

He said: “We undertook a number of experiments looking at blood from both the packaging of the jacket and also from a number of Stephen Lawrence’s items to see if they could solubilise or if they could be aﬀected by ge7ng wet and that resulted in the stain on the collar, and we weren’t able to replicate the stain on the collar under all those tests.” The stain measured just 0.5mm by 0.25mm. Mr Jarman added: “I think in isola5on it’s probably the ﬁrst 5me such a 5ny stain has had such a bearing poten5ally on a case.” Statement on convic2on of David Norris and Gary Dobson for the murder of Stephen Lawrence: 03/01/2012 Alison Saunders, Chief Crown Prosecutor for London, said: "The Crown Prosecu5on Service brought this prosecu5on a%er a lot of

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"This is one of the most signiﬁcant cases of this genera5on: changing a7tudes, policing and the law. It has taken a long 5me and a lot of hard work to get here. The prosecu5on took the excep5onal step of making an applica5on to the High Court to quash the acqui6al of Dobson and order a retrial. We were convinced that the new and

compelling evidence presented by the police was strong enough to successfully prosecute these individuals. The High Court agreed with the applica5on for a retrial. "It should be remembered that 18 years ago, a young man lost his life. We hope these convic5ons will oﬀer some jus5ce to the family and friends of Stephen Lawrence. The family of Stephen have long campaigned for jus5ce to be done in this case and I would like to pay tribute to them for their perseverance and determina5on in this ma6er."

As The Inves(gator went to press it was announced that Norris and Dobson are to appeal their convic(ons.

T h e I nv e s t i g a t o r m a g a z i n e i s a v a i l a b l e o n w or l d w i d e p o l i c e f o r c e i n t r a n e t s

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Investigator the

December/January 2011

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Double Jeopardy

ESSENTIAL READING FOR TODAY’S INVESTIGATORS

C old case murde r m a ke s h i s t o r y

Also inside this issue

• Cold Case Reviews • Mobile Phone Forensics • 2012 Olympics • • Operation Eaglewood • Intelligence Data • CPS Update •

REVIEWING DNA EVIDENCE

hard work and scien5ﬁc developments. We have worked very closely with the police throughout their inves5ga5ons and with the Lawrence family to bring these killers to jus5ce.

Stephen Lawrence's jacket and t-shirt

FORENSICS

Hidden Gems

he Forensic iden2ﬁca2on of jewellery could provide valuable clues in an inves2ga2on. Maria MaClennan from The University of Dundee outlines her research.

There is an ever-increasing threat to our individual personal iden55es in the 21st Century: from iden5ty the% to fraud, coupled with globalisa5on and a significant increase in interna5onal mass-disasters and terrorist threats. The significant increase in massfatality incidents in par5cular, means forensic experts have had to become more adept at u5lising innova5ve methods of iden5fica5on should tradi5onal methods be diminished, or fail en5rely.

Whilst tradi5onal forensic iden5fica5on procedures such as DNA, fingerprin5ng and dental records are crucial weapons in any law enforcement agency’s armoury when it comes to establishing iden5ty, such procedures are not always equipped to deal with the mass-iden5fica5on of individuals as a result of contemporary disasters. O%en, there are extraneous forces at work

that can make iden5fying a vic5m a long and laborious process. In certain, less developed areas of the world, dental records and DNA analysis may not be readily available, and in some extreme cases, wounds inflicted to a corpse post-mortem may make processes such as fingerprin5ng nigh on impossible. In the a%ermath of the 2004 Indian Ocean Tsunami, a substan5al amount of vital DNA informa5on was lost through the prolonged immersion of bodies in salt water. With more people in search of the perfect ‘Hollywood’ smile, people are becoming be6er able to care for their teeth, and some are fortunate enough never to have required a great deal of dental work. Even the reliability of fingerprints as evidence has been brought into ques5on, as was the case in the recent Shirley McKie inves5ga5on.

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clothing may o%en begin to disintegrate a%er prolonged submergence. Other features such as personal inscrip5ons or engravings, Hallmarks or serial numbers, and lockets containing family photographs or unique handmade items, may also hold vital clues to the possible iden5ty of a vic5m.

‘Forensic Jewellery’, although perhaps never All of these dimensions means directly rewarded with that jewellery possesses the of an official 5tle before, is poten5al to inform inves5gators not an en5rely new a lot about the individual to Classification system method of forensic whom it may have originally iden5fica5on. Jewellery is becoming an belonged, providing cri5cal insight into the increasingly heavily accepted means of further inves5ga5on as to the iden5ty of evidence in assis5ng in Disaster Vic5m their owner(s), through augmen5ng with Iden5fica5on (DVI). tradi5onal primary data such as DNA. One of jewellery’s past strengths in DVI is due to its inherently symbolic nature; jewellery embodies a specialist ability to connect the no5on of its owner’s iden5ty unlike that of any other personal effects item. Jewellery has emo5onal, religious and cultural representa5ons, it is connected to place and to geographic region, and it can also be highly symbolic of the rela5onship(s) it represents; jewellery may have been given as a gi%, passed on as a family heirloom, or it may symbolise a significant personal or public rela5onship, event or life stage between loved ones. In terms of the items we wear and are in possession of every day, jewellery is a rela5vely robust and durable personal effects item. A variety of metals and gemstones are able to withstand a rela5ve amount of heat, and nearly all are unaffected by immersion in water, whereas tex5les and other items of

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Despite its advantages in DVI, jewellery is by no means an infallible method of forensic iden5fica5on. In fact, in juxtaposi5on with tradi5onal methods, u5lizing jewellery as a reliable form of forensic evidence can inevitably be like searching for the proverbial needle in the haystack; or perhaps more per5nently, the less metaphorical ‘diamond in the rough’. Just as primary evidence can be compromised as the result of death, crime or disaster, so too can jewellery. Whilst many thousands of items of jewellery may be salvaged from amongst the debris at disaster sites, items may range in condi5on from near perfect to both psychically and aesthe5cally unrecognizable. Unlike tradi5onal primary methods of forensic iden5fica5on, personal effects such as jewellery are considered ‘secondary’ forms of evidence due to their

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FORENSICS

There is therefore a con5nued need to sustain innova5on in forensic fields, with increased research being conducted within the crea5ve industries – notably, forensic art. Whilst must research has been invested into the field of forensic art, li6le considera5on has been given to what the area of design can contribute to forensic iden5fica5on.

FORENSICS

capacity to deform post-mortem, e.g. as a result of burning, immersion in water, or exposure to buried or extreme disaster environment(s) for a prolonged period of 5me. What may have once been a golden-coloured ring ante-mortem, may have deformed so drama5cally post-mortem that it now resembles a different physical or aesthe5c appearance en5rely. The fact jewellery may not be a6ached to the body on which it was originally worn is also problema5c; conversely, the concern that jewellery is collectable and interchangeable between people, means it may therefore not be considered defini5ve proof of iden5fica5on of the person on which it is located. Addi5onally, the supposi5on that a highly fashionable, mass-produced item from the ever unsustainable Primark genera5on should survive a disaster context intact, brings into ques5on how one could possibly differen5ate between what is one gold ring, as opposed to one hundred others. Secondary iden5fiers such as jewellery - whilst corrobora5ve of iden5ty - are reliant on the descrip5ons provided by rela5ves and family members of the missing or deceased person. Addi5onally, the successful resolu5on of the iden5fica5on process using jewellery is reliant on this

descrip5on ‘matching’ the descrip5on given by forensic examiners post-mortem a%er a disaster. To date, no centralized law enforcement database or recognised standard exists on either a regional or interna5onal level for describing and classifying jewellery, therefore previous a6empts at u5lising jewellery as a reliable form of forensic evidence have o%en been hampered through use of inconsistent or ambiguous terminology and lack of specialist knowledge regarding the item in concern. There are therefore inevitable discrepancies between the language used to describe jewellery ante-mortem by the families of missing person(s), and the invariably sporadic jewellery remnants recovered by postmortem examiners from the bodies of the deceased. The lack of consistency in the language used to describe jewellery can inevitably result in possible matches being missed, thus in turn missing poten5ally vital links between the jewellery worn by a missing person and the jewellery present on an uniden5ﬁed body. Research currently being conducted at The University of Dundee is looking into the design of a ‘Forensic Jewellery Classiﬁca5on System’ for use with INTERPOL’s ‘C3’ antemortem and post-mortem DVI forms which are used for describing jewellery. The System begun as research which originated as part of an innova5ve design and

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Classifica5on System in conjunc5on with the INTERPOL DVI form helped them to describe jewellery more confidently and more accurately, compared to using just the DVI form(s) alone. A digitalized version of the Classifica5on System is currently being trialled with Police Officers across the UK as part of a larger-scale usability test being carried out by researchers at CAHID.

Devised with the help of a wide range of professionals across the UK within the fields of Forensics, Design, Gemology, DVI, Forensic Art, Cogni5ve Psychology and Police Family Liaison to name but a few, the classifica5on system involves a standardized interna5onal method to help describe jewellery belonging to missing person(s) and the deceased. The system includes a common language and list of predetermined terminology to help family members, forensic examiners and those involved in the DVI process to describe jewellery in the same way, in the hope that matches can be made, and vital leads to iden5fica5on quickly established. The system is designed to be mul5-na5onal and with terminology that can easily be translated into various different languages, and is complimentary to the current format of the INTERPOL DVI form set, which cannot itself be redesigned. Ini5al research findings from tests conducted into the Classifica5on System where different users described the same pieces of jewellery, showed that not only did people’s descrip5ons improve to accommodate much more detail, but the match count between items improved by 46%. 80% of users said they felt using the

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With the help of Na5onal Police family Liaison Oﬃcer DC Duncan McGarry MBE, the System is also due to be trialled with Police Family Liaison Oﬃcers at the Na5onal Police Improvement Agency (NPIA). Design student Maria Maclennan worked to design the system as part of a group of Master of Design researchers including student Ruth Watson and supervisors Hazel White and Dr. Sandra Wilson. Maria is currently pursuing further research into Forensic Jewellery through undertaking PhD research at DJCAD and CAHID funded by the Economic and Social Research Council (ESRC), in collabora5on with the Ins5tute for Capitalizing on Crea5vity (ICC) at The University of St. Andrews. Miss Maria M Maclennan, ESRC CASE PhD Researcher, BDes (Hons) MDes (Dis5nc5on) Duncan of Jordanstone College of Art and Design, The University of Dundee M.M.Maclennan@dundee.ac.uk

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FORENSICS

life sciences collabora5on between students studying on the Master of Design programme at Duncan of Jordanstone College of Art and Design (DJCAD), and academics Dr. Jan Bikker and Professor Sue Black at the world-renowned Centre for Anatomy and Human Iden5ﬁca5on (CAHID).

CASE STUDY

Intermediate Help

arwickshire Police saw the beneﬁts of using a registered Intermediatry in a recent child abuse inves2ga2on. DC Kathryn Somerville and Tina Pereira report.

DC Kathryn Somerville took on a case in June 2010, which involved Susie*, a young girl who had allegedly been sexually abused by her step-father. Kathryn was a newly qualified Detec5ve Constable and it was the first case she worked on in the Child Protec5on Unit. During the prepara5on for the ABE interview she established that the vic5m had severe and complex learning needs, specifically language and communica5on. She sought advice from the school SENCO (Special Educa5onal Needs Coordinator) and used her as the appropriate adult for the interview. Kathryn did not become involved with the Witness Intermediary Scheme un5l the postcharge stage. She had a mee5ng with the CPS prosecutor about the case and just by chance another prosecutor overheard the conversa5on and suggested that an intermediary could be considered for the court trial. Kathryn made contact with the NPIA. The Witness Intermediary Scheme (WIS) matching service at the NPIA Specialist

Opera5ons Centre looked at Susie’s communica5on needs and contacted Tina Pereira, Registered Intermediary, who is based in the West Midlands. Kathryn had never used an intermediary before so it was an interes5ng learning experience. She was very surprised by how li6le was known and understood about the Witness Intermediary Scheme within her force, not just by the Police but also the CPS and Courts. Tina is also a Speech and Language Therapist by profession, with a special interest in Learning Disabilty and Au5s5c Spectrum Disorder. Susie has a Statement of Special Educa5onal Needs from the Local Authority for learning difficul5es and Tina’s exper5se in this field was useful in highligh5ng her specific and individual communica5on difficul5es during trial. Witnesses with a Learning Disability In the document ‘Valuing People’ (2001), the Department of Health defines Learning Disability as the presence of: • A significantly reduced ability to understand new or complex informa5on, to learn new skills (impaired intelligence), with; • A reduced ability to cope independently (impaired social func5oning); • Which started before adulthood, with a

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Many aspects of Learning Disability are unseen and it is not always easy to iden5fy that a person does have diﬃcul5es. Regarding the prevalence of children with special educa5onal needs in England, the Department for Educa5on’s 2010 document ‘Children with Special Educa5onal Needs 2010: an analysis’ reports that “the number of pupils with special educa5onal needs in England increased from around 1.53 million (19 per cent of ) pupils in 2006 to approximately 1.69 million (21 per cent of ) pupils in 2010. Working with the Registered Intermediary The mee5ngs and assessments carried out by Tina provided detailed informa5on about Susie’s understanding and ability to communicate. In fact, the assessment showed that the vic5m had a much more limited understanding than was originally thought. Although Susie’s chronological age was 14 years, her spoken language was more in keeping with a young child of 5-6 years of age. Her understanding and use of ‘5me’ vocabulary and emo5ons words was judged to be very immature. Tina’s wri6en report on Susie’s communica5on skills, together with person-speciﬁc recommenda5ons, was shared with both Prosecu5on and Defence so that they could prepare adequately for trial. Susie was cross examined from a live link room and Tina was present in the room to facilitate communica5on between counsel and the vic5m. This frequently involved intervening if the ques5oning style and/or wording used were judged to be such, that Susie could not give her best evidence. In November 2011 the defendant was sentenced to 13 years imprisonment for the sexual abuse of the vic5m. Learning points From a Police perspec5ve, working with an

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CASE STUDY

las5ng eﬀect on development.

intermediary adds another layer to the process and does require addi5onal 5me to arrange and a6end mee5ngs with the intermediary and follow up on recommenda5ons made. However, the outcome in this case was that an extremely vulnerable vic5m was able to give her evidence to the best of her ability. Kathryn feels that if it was not for the use of an intermediary in this case, the vic5m would not have been able to give evidence at court. Kathryn explains, “The whole process was a very steep learning curve for me but an extremely important one. On reﬂec5on, an intermediary should have been used from the outset for the ABE interview. Now that I am aware of the service and what it can oﬀer I am keen to use it again when I have a suitable case but also to advocate the use of it to my colleagues”. Please contact Tina Pereira or DC Kathryn Somerville for further informa5on. Tina Pereira: 5na.pereira@regintermediary.cjsm.net or 07932 198565 Kathryn Somerville: kathryn.somerville@warwickshire.pnn.police .uk or 07795 300910 Matching Service at the NPIA Specialist Opera5ons Centre: soc@npia.pnn.police.uk or Tel: 0845 0005463

* names have been changed to protect the iden(ty of the vic(m

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FINGERPRINT INQUIRY

F i n g e r p r i nt s

t h e ro a d t o re f o r m

he fingerprint profession in the UK is now set for a seismic change in prac2ces following two landmark cases in 2011. The most recent of these is the Sco4sh Fingerprint Inquiry into the Shirley McKie case which has determined that the mark in ques2on was misiden2fied. The ‘Sco4sh case’ as it is frequently referred to, has provoked controversy and divided the fingerprint community interna2onally for over a decade. There can be li6le doubt that there were local and par5cular factors within the [then] Sco7sh Criminal Records Office that contributed to the many failings involved. But this case cannot be dismissed as a ‘local’ problem. In April 2011 in R v Smith, the Court of Appeal in England and Wales heavily cri5cised the fingerprint evidence for, amongst other things, inconsistency between experts (par5cularly in rela5on to interpreta5on of the mark) lack of contemporaneous notes and confirma5on

bias. All of these factors featured in the McKie case.

The judges also made unfavourable comparison between fingerprint prac5ces and ‘contemporary forensic science’ sugges5ng that they were, frankly, behind the 5mes in their approach to presen5ng evidence and that their training systems were not up to standard. These issues are also about the governance of fingerprints– yet another factor that was central to the McKie case. To the dispassionate observer with significant knowledge of the fingerprint community, it will be clear that these are not isolated cases but iden5fy deeper issues to be addressed within fingerprints and more broadly in policing and criminal jus5ce. At the heart of this change process is an apparent contradic5on – how can something that was so reliable for so long, now seem to be riddled with problems? The truth is that

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FINGERPRINT INQUIRY

fingerprints are extremely reliable evidence; so reliable that almost every ins5tu5on associated with them (prac55oners, police and the courts) have been responsible for a creeping complacency regarding standards of examina5on, interpreta5on and presenta5on of evidence. In a Sco7sh Court of Criminal Appeal Judgement in 1933 the presiding judge stated that he ‘deprecated the use of the word infallibility [by experts]’ in rela5on to fingerprints but went on to state that they were ‘prac5cal infallible’ and that there should be a presump5on of truth and reliability. Arguably the seeds of the McKie case (and others) were sown then. It is perhaps unsurprising therefore, that the fingerprint community gradually developed a degree of overconfidence about their evidence that was wholly without founda5on. No evidence that is presented in court is certain or error free, because it involves human beings. Rather than challenge this self evidently invalid asser5on,

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legal systems throughout the world have accommodated these prac5ces and allowed them grow. There is now a need for a radical overhaul of fingerprint prac5ces including the use of outdated methodologies and terminology, as well as major cultural changes that will bring fingerprints into line with what the Court of Appeal referred to as as, ‘contemporary forensic science’. Wri6en by Jim Fraser, Director at the University of Strathclyde’s Centre for Forensic Science Sco4sh Fingerprint Inquiry h6p://www.thefingerprin5nquiryscotland.or g.uk/inquiry/CCC_FirstPage.jsp R v Smith h6p://www.bailii.org/ew/cases/EWCA/Crim/ 2011/1296.html

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COVERT POLICING CONFERENCE

overt

POLICING CONFERENCE 19 April 2012 - Leicestershire

CovertPolicing PolicingConference Conference Covert 19April, April,Rothley RothleyCourt, Court,Leicestershire Leicestershire 19 £95 per delegate or two delegates for £149

The world of covert policing is an ever emerging and changing arena and our covert policing conference aims to showcase some of the cu ng edge advances in this area. Our expert line-up of speakers will look at emerging tac-cs, debate challenges and provide advice on how to make eﬀec-ve use of covert solu-ons in an opera-onal context at a -me when budgets are limited. We will provide advice on how best to incorporate covert tac-cs into your overall inves-ga-on strategy and look at some of the poten-al solu-ons that you might not be aware is available. We will also look at how to ensure your covert tac-cs stand up to scru-ny and ensure you achieve best evidence. Topics • How to covertly gain intelligence about a suspect through ﬁnancial inves-ga-on • Best prac-ce around the Regula-on of Inves-gatory Powers Act (RIPA) • Intercep-on of communica-on – best prac-ce • Propor-onality – best prac-ce • Covert Human Intelligence Sources – best prac-ce • Ensuring your Covert Iden-ty and Protec-ng Inves-gators

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COVERT POLICING CONFERENCE

Speakers include:

• Charles Miller, former policy advisor to Home Oﬃce Covert Inves-ga-on Policy Team • Gerry Doyle, former West Midlands Police detec-ve and covert ﬁnancial inves-ga-on expert • Ian Hynes, Greater Manchester Police Major Incident Team • Neil Smith, inves-ga-ve researcher and trainer in Open Source Intelligence techniques

Further speakers to be announced shortly

Who should attend?

• SIOs who want to further explore the poten-al that covert tac-cs can oﬀer • All those in the inves-ga-ve arena who want to ﬁnd out more about the poten-al of covert policing • Covert prac--oners who are keen to share best prac-ce and network with colleagues in UK police forces

Exhibition

• The conference will also feature an exhibi-on of suppliers and covert specialists who will be showcasing the latest technology

Covert Policing Covert Policing Conference Conference Booking Information 19 April, Rothley Court, £95 per delegate or two delegates for £149

Venue address: Rothley Court Hotel Westfield Lane Rothley Leicestershire, LE7 7LG

To book your place simply email the delegate(s) names, email address and invoice address to: info@the-investigator.co.uk using the following codes:

Start time: 9.30am Finish time: 3.45pm

One delegate: Quote CV1

Two delegates: Quote CV2 Contact details: The Investigator Conferences

Tel: 0844 660 8707 E: info@the-investigator.co.uk W: www.the-investigator.co.uk

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A certificate of attendance is available

Accommodation is available at the venue for £60 B&B. Telephone the venue on 0116 237 4141 and quote ‘The Investigator’.

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INTERNET FRAUD INVESTIGATIONS

Virtual Intelligence S

ocial networks can provide a wealth of informa2on for inves2gators. Mike Hodge, head of research and proﬁling for the Cotsworld Group provides some expert advice.

A friend once told me that there was nothing of use on Social Networks, I pointed out one of his own entries. “Happy 30th Steve Anderson from all your colleagues at Fords and Wilson – see you in Bedford tonight for a few bevies, hope you are bringing the wife”

He has told the world his friends name, hometown, complete date of birth, where he worked, that he was married and that his house would be empty that evening.

From then looking at his friends proﬁle (which was unlocked and open to all viewers) I was able to ﬁnd out his address (photos of his car parked outside) pictures of him and his wife, what his lounge and contents looked like – what he had for Christmas, the list was endless! Social media sites which enable access to user-

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generated content are an endless supply of inves5gatory informa5on.

The informa5on is in most cases placed into open domain without restric5on on viewing, monitoring or copying substan5ve data. Social sites do of course furnish the ability to “protect” or close this data, restric5ng access to selected friends and a6emp5ng to gain access to closed accounts is not condoned or approved – in my opinion, this should be treated as “out of bounds” however, where no eﬀorts have been made to hide

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In many highly publicised cases, the data published on social sites has been used to support cases and provide repudia5on or proof of associa5on, locality at a speciﬁc 5me, ownership and status. Some may state however that the cost of such public informa5on streams is too high; On 14th July 2011, a juror, who contacted a defendant via Facebook, admi6ed contempt of court in the ﬁrst case of its kind in the UK involving the internet. At the High Court hearing, Fraill admi6ed she had made online contact with Sewart and discussed the case with her while the jury's delibera5ons were con5nuing. She also admi6ed revealing details of the jury's delibera5ons during that online conversa5on – (contrary to Contempt of Court Act 1981) - and

conduc5ng internet research into a defendant whose case she was trying as a juror during the trial. However, new technology furnishes useful tools and has benefits that, in my opinion outweighs the above which was more “visible and detectable” than the possible alterna5ve, a chat between the two in the court toilets! There have however been numerous cases where the social sites have been of benefit. In February 2011, a lady published pictures of her wedding in Barbados to her open Facebook page however, the lady in ques5on was claiming benefits as a single parent together with income support and housing benefit, She was taking up to three holidays a year. Surely, discovery of such fraud is a viable reason to search the sites in ques5on, especially when the taxpayer is funding such fraud. h6p://www.dailymail.co.uk/ news/ar5cle1359267/Hazel-Cunningham

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-Facebook-unveils-benefitscheat-bride.html In Robinson v Sunday Newspapers (2011) NICA13, where there was an alleged breach of confidence/misuse of private informa5on, harassment and breach of rights under Ar5cles 2 and 8 of the Conven5on, the Court of Appeal declared within their report. “We are sa5sfied that we should take judicial no5ce of the fact that social networking sites, Twi6er and the internet generally now provides an alterna5ve means of publica5on to tradi5onal daily or Sunday newspapers” Informa5on therefore will con5nue to be passed electronically and inves5gators, legally, will use this data to prove or disprove claims made. The Internet has become an invaluable tool for fraud inves5gators.

INTERNET FRAUD INVESTIGATIONS

data rela5ng, for example, to a individuals condi5on following an accident, there should be no dispute to this data being used to defend a compensa5on claim if it can be proved that the extent of the claim or injuries sustained are exaggerated or that the claim itself is fraudulent.

THE INVESTIGATOR

What next...........? Wondering what do when you leave the police?

Set up your own company perhaps or get another job?

Police into Private Sector (PiPS) - make this so much easier by providing a one stop shop for all the support you need to maximise your success. With over a decade of experience since leaving the job we know what it takes to make a successful move into the private sector. Visit us at www.policeintoprivatesector.co.uk or come and join the Linkedin® group - police into private sector – to join the lively discussions. We know how hard it is out there; so get ahead and make life easier by getting the right support now. Sign up on the website to ensure you don’t miss the opportunity to get ahead!

Go to: www.PoliceintoPrivateSector.co.uk or drop us an e-mail: PiPS@PoliceintoPrivateSector.co.uk

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MOBILE PHONE FORENSICS

Data Protec2on B

usinesses are turning to mobile phone forensic analysis technology to prevent sensi2ve data falling into the hands of compe2tors. Carol Jenkins talks to Leeor Ben-Peretz, VP Business Development of Cellebrite about how it is leading the way in helping companies 2ghten up internal security.

Mul5-na5onal corpora5ons are grappling with the uncomfortable reality that the majority of internal data breaches come from disgruntled employees who are leaking commercially sensi5ve informa5on to compe5tors. Figures show that this risk is growing – par5cularly in the current beleaguered job market where employees are disaﬀected and worried about their futures. This problem is being further exacerbated by the fact that many companies now provide their employees with mobile phones and computers to use for business purposes and have concerns that internal security could be seriously compromised due the ra% of informa5on stored on the devices.

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The aﬀects of this are not to be underes5mated and could cost companies millions even billions in lost revenue if commercially sensi5ve data was to fall into the wrong hands.

In order to try and prevent this, mobile phone forensic analysis is being used to monitor employees’ digital devices to prevent commercially sensi5ve informa5on from being leaked to compe5tors and ensure their valuable IPs don’t fall into the wrong hands. Mobile phone forensic leader Cellebrite is currently working with IT heads in large corpora5ons across the world to deploy its range of UFED forensic analysis tools to help them monitor the digital devices of employees. Leeor Ben-Peretz, VP Business Development explained: “There is a growing concern among large corpora5ons that their sensi5ve data could fall into the hands of a compe5tor and cause real damage to the fortunes of the company.” He said this was of par5cular concern to large

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"EVOFIT is easy to use and has worked well to help us identify offenders. It gives a very good image quality and the customer support from the company is excellent." Derbyshire Police

EvoFITs that have directly helped to solve crime

EvoFIT is the latest method of constructing facial composites of offenders by witnesses and victims of crime and is the result of over 12 years of intensive research, development and field trials.

Research and police field trials support a success rate (correct naming/arrest) of around 40%.

EvoFIT composite

Actual

EvoFIT composite

Actual

Evidence suggests this is about 10x higher than traditional methods. Based on victims and witnesses selecting from screens of complete faces the composite ‘evolves’ over time allowing a composite to be made in many more criminal cases than was previously possible. Key benefits: Q EvoFIT can be used when witnesses’ face recall is poor as witnesses select from whole faces Q 10x better naming rates than from traditional systems Q Over 40 face databases available Q Twenty holistic tools enhance the likeness – age, weight, health etc.

EvoFIT composite from two different witnesses

Actual

Q Effortlessly produces morphed composites (for combining EvoFITs from different witnesses) Q Produces animated composite for optimal recognition Q Published research supporting system performance both in the laboratory and police field trials (available on request) Q Software runs on windows PC/laptops and distributed by CD Q Full training offered to existing and new composite officers Q After sales support and annual updates included in the 5 year licence

EvoFIT is a product developed jointly by the University of Central Lancashire and Stirling University

Contact: Dr Charlie Frowd, University of Central Lancashire, Preston, Lancashire, PR1 2HE Tel: 01772 893439 Email: CFrowd@uclan.ac.uk Web: www.EvoFIT.co.uk

Used by police forces in the UK, Europe and USA

"The system is very user friendly, and there have been good results. The quality is fantastic." Humberside Constabulary

“Mobile devices are now storing more sensi5ve data than ever before – whether that is email, text messages, loca5ons, images and video. It’s important for companies to ensure that this informa5on is protected.” IT managers of large organisa5ons already use ways of monitoring network traﬃc and so the use of mobile phone forensic analysis technology is an extension of this, he explained. The UFED technology is so sophis5cated that it can retrieve a ra% of data including deleted informa5on. This means that if an employee

leaks informa5on and then deletes it to cover their tracks – then it can be retrieved at a later date. Sectors already using the tool include healthcare, accoun5ng, airlines and telecom operators. Mr Ben-Peretz predicts that more sectors will start to use mobile phone forensic analysis as a way of protec5ng in-house informa5on in the coming years and that Cellebrite was experiencing a growth in demand for its technology to be used in this way. “We are ﬁnding that many companies are now coming to us and talking to us about how we can improve the security of their organisa5ons with our technology. This is deﬁnitely a big interna5onal trend and one we expect to increase over the next few years.”

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MOBILE PHONE FORENSICS

organisa5ons with thousands of employees who all possess a ra% of digital devices. The growth of remote working where these devices are o%en used oﬀ the premises is also a major concern.

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SEXUAL OFFENCES

M i n d y our l a n g ua g e

he University of Birmingham is holding a four day event to provide inves2gators with advice on using forensic linguis2cs in sexual crime inves2ga2ons, Dr Jessica Woodhams reports. s an ex-crime analyst and now a forensic psychologist, my prac2ce is guided by the principles of using the best available evidence. These principles also underpin the work of my forensic linguist colleagues at Aston University and together in April 2012 we are collabora2ng on a four-day event to be held at the University of Birmingham – Linguis2c and Psychological Techniques for Sexual Crime Inves2ga2on (16th-19th April 2012).

We’ll be taking delegates through the latest developments in these ﬁelds that can be used to assist the inves5ga5on of sexual crimes. These include developments in the prac5ce of compara5ve case analysis (CCA) and tackling rape stereotypes: As more knowledge about forensic science methods have been imparted to criminals through the popular media where does that leave us when trying to iden5fy series if we can’t rely on forensic leads?

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In this type of scenario, techniques such as compara5ve case analysis (CCA) can have a poten5ally important role to play. Whilst CCA has been conducted for many decades, it’s only more recently that it’s been subjected to close empirical scru5ny. Its introduc5on into legal proceedings in several countries has required researchers in collabora5on with police forces to inves5gate whether its basis is valid. Its underlying principles of behavioural consistency and dis5nc5veness have now been tested with a whole range of crime types including forms of volume crime as well as stranger rape and murder, with which it is more tradi5onally associated.

The results of using modus operandi behaviour to iden5fy series have been mixed with more promising ﬁndings for some crime types (e.g., rape and robbery) compared to others (e.g., burglary).

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However, these haven’t been the only developments. Principles of good prac5ce are changing whereby there are now various ways in which the similarity between two crimes can be quan5fied, as well as sta5s5cal means of demonstra5ng the degree of consistency and dis5nc5veness in behaviour observed within a likely series. However, with these new advancements, as was always the case with a more tradi5onal approach to CCA, the prac55oner is dependent on the quality of the informa5on with which they are supplied. In my encounters with crime analysts a common complaint is the some5mes poor quality of informa5on recorded in the MO field of the crime repor5ng systems, for example “IP was approached, IP was threatened and cash was stolen” in the case of a robbery. Obviously, the need for good quality informa5on regarding MO needs to be balanced with the 5me taken to record this informa5on, however I suspect some simple techniques could assist. If we take the example of robbery, like rape, robbery can be broken down into three stages – the approach stage, where the offender gains control over the vic5m either by force or by duping them, the maintenance stage, where the offender has to maintain control and commit the offence, and the closure stage where they have to quit the scene undetected. Each of these stages can be achieved in quite different ways and it is these individual differences between offenders that are vital to the work of the crime analyst. By giving explicit considera5on to each stage and how exactly it was achieved will provide the analyst with much needed informa5on. As well as taking delegates through the current knowledge underpinning CCA, we’ll

be discussing the best behaviours to use when linking different crime types (since these vary), introducing them to sta5s5cal techniques to support their report-wri5ng, as well as taking them through case studies. If I asked you to put a percentage figure on the number of rape vic5ms you think struggle with their offender during the offence, what would that figure be? What about the percentage that screamed and shouted, or tried to run away? You might be surprised to learn that in lone stranger sex offences, the percentage of vic5ms that struggle with their offender is just 60%; only 43% of vic5ms scream or shout, and only 27% try to run away. Despite having researched sexual offences for more than a decade, I too was surprised at how low some of these figures were. On presen5ng these figures to people, a typical response has been disbelief followed by ques5ons as to the veracity of the offences that were included in the sample. To reassure you, these figures come from a sample of convicted stranger sex offences. In conduc5ng this study, it wasn’t just the low frequencies for some “typical” rape vic5m behaviours that were unan5cipated but also the sheer range of strategies that the vic5ms reported adop5ng. For example, we found evidence of more than 100 different forms of rape vic5m behaviour – a far cry from rhetoric about rape vic5m behaviour which o%en focuses on the most physical forms of resistance. Less “typical” behaviours included the vic5ms giving plausible but false reasons for depar5ng the offender’s company, and answering his ques5ons in a vague and ambiguous manner. You may see some parallels here with the ways in which you’ve dealt with more everyday unwanted sexual advances in the past!

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It makes perfect sense that when confronted with a con-rapist, whose intent is ini5ally hidden from you, that you would draw on strategies that worked for you in the past. Returning to what your ini5al es5mates for struggling, screaming/shou5ng and running away were, it’s important to reﬂect on the implica5ons of inaccurate es5ma5ons and where these come from. Researchers would argue that these mispercep5ons stem from media coverage of rape and from the skewed convic5on of rape cases in our society that favour those that ﬁt our stereotypes of “typical” rape vic5m behaviour. Ways to tackle these mispercep5ons would include

the training of police inves5gators and prosecutors about the reali5es of rape vic5m behaviour to encourage the prosecu5on of “myth-incongruent” rapes. However, we recognise that unless you also take steps with the jury any interven5on will be ineﬀec5ve. Jury interven5on is what we are currently focusing our a6en5on on. However, that doesn’t mean that we are rejec5ng the importance of incorpora5ng knowledge like this into training programmes and I’d welcome any contact from you, the readers, if you’d like to know more. Dr. Woodhams welcomes enquiries from any readers regarding compara(ve case analysis, rape stereotypes or the Linguis(c and Psychological Techniques for Sexual Crime Inves(ga(on conference. Please email her on: j.woodhams@bham.ac.uk

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SEXUAL OFFENCES

Indeed, the research literature on how women manage such a6en5on bears striking similarity to some of the behaviour reported by the rape vic5ms we sampled. And why should we be surprised by this?

Facing facts

ADVERTORIAL

acial composite systems have advanced markedly since the 1970s but, un2l recently, their usefulness at iden2fying offenders has been ques2onable. Dr Charlie Frowd from the University of Central Lancashire looks back at the history of composites and describes the forensic research and police field-trials that have led to a system which now enables witnesses and vic2ms to produce an iden2fiable image.

He talks proudly of the EvoFIT system his team has developed and the huge impact it is having on policing today—notably, as EvoFIT composites lead to a high arrest rate of suspects. He also reﬂects on a recent case study where EvoFIT led to the 5mely arrest and subsequent convic5on of a serial rapist in the Manchester area. His so%ware is se7ng the standard for best prac5ce. Some5mes intelligence is available to locate a suspect: useful CCTV footage, a posi5ve match on the DNA database, informa5on gained from ANPR analysis, matches from ﬁngerprints, and so forth. In the absence of such evidence, witnesses and vic5ms may have valuable informa5on in their memory to enable loca5on of a suspect. Provided that

the person has been clearly seen under good ligh5ng, eyewitnesses may be able to provide details of the offender’s appearance and construct a picture of the face. Obtaining an iden5fiableimage from these observers provides valuable intelligence to an inves5ga5on: if a composite image leads to the correct iden5fica5on of a suspect, and promptly, much police 5me and money can be saved—an important considera5on in the light of the recent government budget cuts. Quite understandably, many police officers are reluctant to see benefit in facial composites. In the UK, first there was Photofit, launched as the panacea for solving crime; later were the electronic systems: CDFIT, then E-FIT and PRO-fit. Research carried out later in the laboratory using procedures similar to those used with witnesses and vic5ms, along with police evalua5ons, iden5fied just how ineffec5ve these systems were (h6p://5ny.cc/MTC2). I am not saying that composites do not always work. There is good evidence to suggest otherwise: the problem relates to reliability. Imagine going to a toolbox for a screwdriver and finding that it only worksone in 20 5mes. This is about the level of effec5veness of

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ADVERTORIAL Figure 2

modern composite systems for correctly iden5fying people. The sta5s5c is worrying when one considers the main purpose of this tool—to catch rapists, murders, thugs that seal money from li6le-old ladies, and so on. The situa5on is in no way the fault of the police: the blame lies with a lack of understanding of how to construct composites from memory and with companies who only seem interested in making money. EvoFIT development In 1998, I joined a government-funded project in S5rling to develop a new composite system and was determined to avoid making this same error. For 5 years, my peers and I struggled to produce images that were iden5ﬁed be6er than any other composite system: we simply could not recover a face from memory that other people recognisedconsistently. This is not to say that a recognisable image was not

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created on occasion, as Figure 1 illustrates. We persevered, publishing the results of research—some of which were disappoin5ng and evalua5ng new techniques in collabora5on with the ACPO working group on facial id. We were eventually able to create EvoFIT. The wait has been worthwhile; its usenow promotesa 50percent correct iden5ﬁca5on (arrest) rate of a suspect simply put, a correct name is given for every other composite produced (compared to 1 in 20 for other

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systems). The key has been the extensive laboratory research followed by police ﬁeldtrials. In fact, it is almost impossible(or unethical) to make improvements to a composite system unless we know how eﬀec5ve it is in the laboratory.

hats, hoods, glasses, etc. The ﬁnal image is secured to permanent storage, for later disclosure in court, and then circulated for iden5ﬁca5on within a police force and, strategically, released into the media as part of a public appeal for informa5on.

For a more-detailed review of EvoFIT, refer to h6p://5ny.cc/EvolvingSystems.

Figure 2 An example screenshot of EvoFIT.Witnesses and vic5ms select whole faces from pages such as these. The exterior part of the face is de-emphasised (blurred) at this stage so that witnesses focus on the central part of the face, the region that is important for recogni5on later by another person.

Figure 1 Composites produced from memory using an early version of EvoFIT. They are (from le% to right) of popstar, Robbie Williams, and TV presenter Anthony (Ant) McPartlin. The approach aims to portray an accurate impression of the face as a whole, and in doing so promotes good recogni5on. To construct an EvoFIT, a face database is first selected from one of the 60 available, to match the age, race and gender of the offender. Eyewitnesses are then shown screens of complete facesand select items with an overall resemblance to the offenders’ face. An example array of faces is shown in Figure 2. The so%ware blends (‘breeds’ together) proper5es of the selected faces and produces more faces for witnesses to view. When selec5on and breeding are repeated a few 5mes, a composite is ‘evolved’. There are tools available to improve the overall likeness of the face, such as changing its age, pleasantness, masculinity and other wholeface proper5es. With this approach, witnesses do not need to describe the offender’s face in detail, unlike the older systems, opening-up the technology for use in more inves5ga5ons. Some witnesses do recall detailsof the face and so tools are available to accommodate these memories. There is also a large range of accessories—

Laboratory research In 2004, EvoFIT created composites with an average (mean) naming of 11 percent correct, which is about double that of composites from computerised feature systems (around 5 percent or less). To establish this level of performance, carefullycontrolled psychological experiments were conducted which copied the way in which composites are constructed by witnesses and

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ADVERTORIAL accessed and this has led to an even-more eﬀec5ve EvoFIT, now producing composites with mean naming of 45 percent correct (see www.uclan.ac.uk/cfrowd, Publica5ons [43]). Figure 3 are composites which illustrate this version of the so%ware.

vic5ms. Importantly, laboratory designs included a delay of one or two days between a person seeing an unfamiliar face and construc5ng a composite of it—the realis5c situa5on which renders Figure 4 composites from other systems virtually uniden5fiable. With help of government funding, we were able to double performance again, to 25 percent correct naming (for a technical report, see h6p://5ny.cc/SnookerStudy); one of the techniques that was effec5ve involved blurring the external region of the face, as illustrated in Figure 2. At the 5me, there was sufficient confidence to run formal police field-trialswith witnesses and vic5ms. Since then, we have gained a be6er understanding of how memory can be

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Figure 3 Familiar-face compositescreated using the latest version of EvoFIT. The iden55es are music manager, Simon Cowell; former US President, George W. Bush; popstar,Noel Gallagher; and footballer, John Terry. Police field-trials.Having developed so%ware that worked well in the laboratory, crea5ng composites with 25 percent correct naming, we set up field trials with police forces in the UK (Lancashire, Derbyshire, and Devon and Cornwall) and Europe (Romania). Personnel (officers and support staff) from each force were given training and we supportedthem for a nominal 6 month period during the audit. EvoFIT was used in 126 inves5ga5ons. Three main outcomes were assessed as a direct result of the composite: names put forward, arrest rate and convic5ons. As normal in inves5ga5ons, composites were produced mainly for serious offences such as assault, rape and burglary, but also some for minor crimes (e.g. the% of a handbag or mobile phone). The system was used with minors and the elderly, and with people from a wide range of

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ADVERTORIAL

backgrounds. Feedback from users was extremely posi5ve. Overall, names were put forward for about two in every three EvoFITs, and the average arrest rate was 25 percent, about the same level as correct naming in the lab. Details of these audits have been wri6en-up as a technical paper (Publica5ons [36] at www.uclan.ac.uk/cfrowd). Figure 4 illustrates some of the cases which led to a convic5on. Figure 4 EvoFIT composites constructed during the police field-trials anda photograph of the person convicted. In the third example shown, two different witnesses independently produced a composite (linking the crimes and leading to the convic5on of the person shown). The relevant forces have consented to these images being published. Evalua2ng the interview The police field-trials allowed assessment of another component of the face-construc5on procedure. With EvoFIT, while it is not crucial for witnesses to recall details of an offender’s face, if they are able to do so, this seems to help promote a more iden5fiable image. Other research suggests that very detailed recall can was interfering with access to memory. The ques5on is how much informa5on about a face should be recalled for face construc5on? In other situa5ons, for example when coopera5ve witnesses give an account of what took place during a crime, interviewersask them to freely recall events, some5mes repeatedly, and then focus on detail. An interview similar to this can be used for obtaining a descrip5on of the face in essence, ‘free’ recall followed by focused or ‘cued’ recall.The EvoFIT field trials demonstrated that cued recall interferes with construc5on of a composite: the arrest rate doubled (from 20 to 40 percent) when this interviewing mnemonic was omi6ed.

Current use of EvoFIT reflects these results and further interviewing techniques have been developed (e.g. h6p://5ny.cc/FrowdHCI, and www.uclan.ac.uk/cfrowd: Publica5ons [44]). Cycles of R&D Since the field-trials, we have con5nued to develop and improve the so%ware, as men5oned above, with one or two forces trialling the enhancements before it is distributed generally. The current version produces composites with an iden5fica5on rate of 45 percent correct, and this seems to be reflected in results of other police audits. Last year, for example, Cumbria police force reported an arrest rate of 56 percent (for a

Figure 5

12 month period) arising from its EvoFITs.

Case study One Notable success recently was in the case of Asim Javed. The inves5ga5on involved the rape of at least two female vic5ms in the area south of Manchester. Greater Manchester Police had a sample of the oﬀender’s DNA and had linked it to at least two crimes, but he was not on the DNA database, and neither was any member of his family, and so DNA analysis familial or otherwise could not iden5fy him. In spite of a huge police eﬀort and a composite being produced from one of the other computerised systems, the rapist remained at large.

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The composite took about an hour and a half to construct and she was very sa5sfied with the resul5ng likeness, Figure 5. The image was subsequently used as part of a public appeal for informa5on, appearing on TV and in the newspapers. The press release (h6p://5ny.cc/ManPRA) also used ouranimated format. This secondary exhibit is an enhancement which displays the composite as a moving caricature (www.uclan.ac.uk/animatedcomposite), much the same as ar5sts create caricatures, greatly helping observers to recognise the face. Figure 5 The EvoFIT produced by one of the vic5ms in the Manchester serial rape case and a photograph of the person (Asim Javed) convicted of the offence. There was a huge public response from the press release. Many people recognised the face as that of Asim Javed, a takeaway worker atDixy Chicken, Chorlton. It turns out that he prowled the streets of Didsbury, Chorlton and Fallowfield looking for lone female vic5ms to a6ack. Javed pleaded guilty to the offences and confessed that, unless stopped, he would have con5nued a6acking women.

readers are invited to Google with search terms evo-fit asimjaved. This case illustrates the importance of using the correct technology to guide an inves5ga5on. Summary Since the 1970s, composite systems have come and gone but none has been able to do the one thing for which they were originally designed: to iden5fy offenders. The EvoFIT research and development team, through sheer determina5on, have found an appropriate interface to human memory. The effort has been worth it EvoFIT composites now have a correct naming of 45% in the laboratory (created under simulated witness condi5ons) and, through police audits, an arrest rate of around 50 percent. The convic5on of Asim Javed resulted directly from iden5fica5on of an EvoFIT, and there are many others. Along with supplying the police with EvoFIT, training and technical support, we will con5nue to improve the product through forensic research and field trials. The system is used by a dozen forces in the UK and abroad. Contact If you would like to trial EvoFIT, or discuss how the system could be deployed in your force, please contact Charlie on cfrowd@EvoFIT.co.uk or 01772 893439. There is also informa5on available online at www.EvoFIT.co.uk.

Last year, he was given a custodial sentence of 8 years. Partly due to the severity of his crimes, but also due to the striking likeness of the EvoFIT, the case has been reported widely

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ADVERTORIAL

For the latest vic5m, a teenage student, an EvoFIT was constructed seven days a%er the event using the latest system (including the free-recall only interview). The vic5mworked methodologically through the presented screens, carefully selec5ng faces that best matched her memory of the a6acker.

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MAJOR CRIME

Ch i l d W i t n e ss es

he interviewing of child witnesses in major crime inves2ga2ons has proved challenging for senior inves2ga2ng oﬃcers. The ACPO Na2onal Inves2ga2ve Interviewing Strategic Steering Group has issued valuable guidance around this challenging area.

A child witness is defined as being under 18 by Sec5on 16 Youth Jus5ce and Criminal Evidence Act 1999 (YJCEA) as amended by Sec5on 98 Coroners and Jus5ce Act 2009. All child witness are defined as ‘vulnerable’ and as such are eligible for special measures1 by virtue of Part 2 YJCEA. Inves5ga5ve interviews with child witnesses fall within the scope of Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Vic5ms and Witnesses, and Using Special Measures (Ministry of Jus5ce 2011). Welfare SIOs should not to assume that an interview would be too distressing for a child. It is quite possible that children who have witnessed a horrific crime make excellent and robust witnesses. The decision whether to interview or not should be considered in light of all available informa5on and the reccomenda5ons of a mul5-agency strategy mee5ng if one is held. Where a muli5-agency strategy endorses a decision to interview a child it will usually be conducted jointly by approrpiately trained police officers and

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social workers.

Interview Adviser As with all major crime enquiries it is recommened that an interview adviser is deployed to the inves5ga5on. 1. Including recorded evidence in chief, giving evidence via TV link and giving evidence in private. Each child witness, their respec5ve standing in the enquiry, and their specific communica5on needs should be considered individually within the interview strategy for the inves5ga5on. A child witness may also be a significant witness. Mul2-Agency Strategy Mee2ngs Whenever considera5on is given to interviewing a child witness, contact should be made with Children’s Social Services and the ma6er discussed. A mul5-agency startegy mee5ng may be called by social services in order to assess any ongoing risk to the child.3 Whether a strategy mee5ng is held or not, a clear interview plan for the child must be recorded. It is o%en beneficial for the SIO to u5lise local child protec5on officers in such situa5ons, working at the direc5on of the SIO and in consulta5on with the interview adviser. Addi2onal Communica2on Needs Some children may have addi5onal

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vulnerabili5es. An intermediary should always be considered, prior to any interview taking place, if there are communica5on issues with the child, such as with very young children, or children with any mental or physical disorder or disability which affects their ability to communicate. Urgency On occasions there may be significant inves5ga5ve necessity for an early, if not immediate, approach to a child, especially in 5me-cri5cal cases where the child’s informa5on can fuel fast track ac5ons. In these circumstances there will not be 5me to hold a strategy mee5ng. In such cases the officers a6ending should ideally be child protec5on trained officers and be clearly briefed that a full inves5ga5ve interview will follow in due course and that their immediate remit. 2. If the enquiry concerns the apparent organised abuse of numerous children by mul5ple suspects the local complex abuse protocols should be followed when approaching and interviewing poten5al vic5ms and witnesses. 3. Strategy Mee5ng protocols are laid out in the government publica5on ‘Working Together to Safeguard Children’. h6p://www.educa5on.gov.uk/publica5ons/st andard/publica5ondetail/page1/DCSF-003052010 4. Such strategy mee5ngs are NOT confined to office hours only – all social services departments with a responsibility for child protec5on must provide a 24 hour duty service, seven days a week. 5. Special Measures within ABE specifically address these issues. See 1.9 of ABE 2007 is to capture the key informa5on only, by means of ques5on and answer, using appropriate open ques5ons.6 The officers should seek the consent of the child’s parent or guardian before the child is approached.7 Detailed notes of the loca5on, 5me, date, who was present and exactly what was said

must be recorded at the 5me. Sugges2bility Children are especially vulnerable to sugges5bility, and the SIO should be aware of contamina5on by either inappropriate ques5oning or by the influence of others. The logis5cs of interviewing several children and/or their carers who have witnessed the same event will need detailed planning so the risk of contamina5on can be minimized. Consent Where the witness is under 188 the considera5on should be given to the guidelines set out by Lord Fraser in Gillick v West Norfolk and Wisbech AHA [1985] 3 All ER 402. The effect of these guidelines is that a child can consent in their own right if they are capable of understanding the implica5ons of being interviewed as witness9. If a child cannot understand these implica5ons the consent of a parent or guardian is required. It is important to note that Achieving Best Evidence deals with the issue of informing a child’s parents/guardians separately to consent: other than in wholly excep5onal circumstances parents/guardians should be informed even where the child has the capacity to consent. If parental consent is not forthcoming considera5on may be given to obtaining an Emergency Protec5on Order that includes a direc5on in respect of interviewing under Sec5on 44 Children Act 1989 provided that circumstances are such that the child may be at risk of ‘significant harm’ In situa5ons where an 6. See 2.29 of ABE 2007 Ini5al Contact with Child Witnesses 7. However there will be limited occasions where it appropriate to approach the child without parental consent – see the sec5on on Consent below.

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Further Interviews It is permissible to conduct addi5onal interviews with child witnesses, but this should only be done where the SIO considers significant further informa5on will be of considerable benefit to the inves5ga5on without any detrimental effect to the witness. Considera5on should be given to consul5ng the Crown Prosecu5on Service before conduc5ng a further interview with a child witness. Further Guidance Further guidance can be obtained from your local interview adviser, Child Abuse Inves5ga5on Team supervisor, the ACPO Approved Interview advisor for your area or the Na5onal Vulnerable Witness Adviser for the NPIA Specialist Opera5ons Centre. Acknowledgement This posi5on statement was prepared by DS Jez Prior, an ACPO Approved Interview Adviser from Sussex Police. In the event of any queries about this posi5on statement please contact either Gary Shaw at gary.shaw@npia.pnn.police.uk or Kevin Smith at kev.smith@npia.pnn.police.uk This ar(cle first appeared in issue 4 of The Inves(ga(ve Interviewer magazine. For subscrip(on details telephone +44 (0)844 660 8707

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MAJOR CRIME

8. The Mental Capacity Act 2005 also applies where the witness is over 16. 9. This is generally going to mean older children although each case must be judged on its own merits. 10. Approach to the child without ﬁrst obtaining parental consent is being considered, or where parental consent has, or is an5cipated will be, declined then it is strongly recommended that a mul5-agency stratgey mee5ng with social services takes place.

Investigator the

August/September 2010

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Solving the cockle pickers mystery

ESSENTIAL READING FOR TODAY’S INVESTIGATORS

Investigator the

Operation Lund

December/January 2011

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Double Jeopardy

ESSENTIAL READING FOR TODAY’S INVESTIGATORS

Also inside this issue:

• Interviewing Child Abuse Vic'ms • Counter Terrorism and the Olympics • • Appropriate Adults • Interviewing Conferences • Technology Update •

Investigator the

June/July 2010

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C o l d c a s e m u r dIenrv e s t i g a t i n g m a ke s h i s t o r y Ipswich

ESSENTIAL READING FOR TODAY’S INVESTIGATORS

Also inside this issue

• Cold Case Reviews • Mobile Phone Forensics • 2012 Olympics •

• Operation Eaglewood • Intelligence Data • CPS Update •

Solving the Suﬀolk Murders Also inside this issue:

• O p e rat i on Gre e n gage • M ob i l e p h on e fore n si cs • F rau d • • Vu l n e r a b l e S u s p e c t s • C o u n t e r Te r r o r i s m C o n f e r e n c e •

The Investigator magazine is available to worldwide police force intranets FREE OF CHARGE. To get The Investigator on your intranet contact: Tel: +44(0)844 660 8707 info@the-investigator.co.uk www.the-investigator.co.uk

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THE INVESTIGATOR Electronic Utilising Sri Forensics’ Electro onic SRi Forensics offers offffers a complete range Evidencee Presentation systems has of associated servic services ces including; significantly been demonstrated demons emonstrated to significantl g ntlyy Video analysis analysis and a enhancement reduce costs c ffor or the Police, CPS and Courtroom Installations Insstallations Courts. the Cour urts. analysis Facial Comparison Comparison & ana lysis The growing importa ance of digital importance analysis Audio ana lysis & enhancement presentation of evidence nce in court is As one of the earliest adopterss of Telephony callll ana analysis Te T elephony & ca lysis now recognised by authorities uthorities such digital technology, t y, our experience ence SFO. as the CPS and the SFO O. Forensic sic Solutions are has been beeen gained through yearss of All of our Forens Government’s Following the Govern nment’s spending review, w, the cost of o investigations and prosecutions p are under intense scrutiny. y.

rt witnesses with expert Criminal minal supported by expe National Under the CPS Nationa nal Framework, workingg closely with the Crimi experie p ence of ppresentingg S on some of the largest larges gest manyy yyears experience SRii Forensics Ltd. is a recognised JJustice System SR t. court. profile cases in thee UK. their work in court and most st high pr provider to these authorities. horities.

assessment For a free assess sment of your evidence, ccontact ontact us at: The 48 Graft Grafton Street, T hee Manchester Incubator Building, B fton Street t, Manchester M13 9XX info@sri-forensics.com t : 0161 606 7272/ 7271 f : 0161 603 7611 e : info o@sri-forensics.com

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CRIME PREVENTION

Making a mark

n invisible synthe2c DNA solu2on could help iden2fy criminals.

Restaurant chain McDonalds has installed a new, hi-tech security system that will douse ﬂeeing robbers with an invisible, synthe5c DNA solu5on. Designed as a deterrent to burglary, the

SelectaDNA Spray System from Kent-based

security company Selectamark, contains a

forensic solu5on unique to each loca5on. If an intruder breaks in to steal stock or a robber a6empts to grab cash, the system is ac5vated and the oﬀender is sprayed with a ﬁne mist that stays on the skin for up to two weeks and glows blue under an ultraviolet

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light.

The spray has been integrated into exis5ng security systems at selected McDonald’s restaurants in New South Wales, Australia. Jackie McArthur, Chief Restaurant Support Oﬃcer, McDonald’s Australia said: “The SelectaDNA Spray System represents the very latest in security technology and has already proved to be a very eﬀec5ve deterrent in overseas markets.” McDonald’s restaurants in the Netherlands, as well as retail outlets, petrol sta5ons and

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CRIME PREVENTION

jewellery stores in the UK, have all seen a significant reduc5on in robberies thanks to the new spray system. Andrew Knights, Managing Director of Selectamark, said: “Ac5va5on of the system is not the goal, but rather to make would-be criminals think twice. However, if an offender was sprayed with the forensic mist, and the case went to trial, there is a 100% convic5on rate.” Turning the banking world blue Meanwhile in New Zealand, the spray system has been fi6ed in all 181 branches of the Bank of New Zealand (BNZ) and since the installa5on programme there have been no robberies at BNZ to date. BNZ is the first business in New Zealand to use the system a%er it required adaptable, non-intrusive security that would suit varied store formats.

SelectaNDA Intruder Spray

Deploying the units na5onwide has been a major undertaking for the bank, but SelectaDNA is proving to be a cost-eﬀec5ve model for large scale opera5ons, not just in the ini5al setup, but in the ongoing servicing and management of the units. BNZ display high visibility warning s5ckers in branches aler5ng poten5al robbers that the premises are protected by SelectaDNA. The deterrent aspect was a par5cularly strong feature for the bank when considering the safety of its staﬀ and customers.

SelectaDNA &luorescing under UV light

Prior to installa5on, BNZ conducted its own

research into the poten5al risk exposure of using SelectaDNA Spray, including privacy and occupa5onal safety and health considera5ons.

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He added: “We need to get in front of the crime process and there is nothing in New Zealand which is anywhere near as innova5ve or provides the same level of deterrence against burglary and the% as SelectaDNA. We’re commi6ed on a large scale.” No Reward For Smash & Grab Raiders Independent jewellery stores in Belfast city centre are being protected from smash and grab raids by using the DNA Spray, which can be integrated into an exis5ng shop alarm system or run stand-alone with its own panic bu6on. Warning signs and window s5ckers are supplied to alert poten5al criminals that the system is in use and to dissuade them from targe5ng the protected premises. Andy McDowall from Chubb Northern Ireland, whose company installed the spray system together with their own security locks, said: “The jewellery stores are on a busy high street and stock high quality diamonds and custom-made jewellery. “The fact that there have been no break-ins or a6empted break-ins since the systems have been in place is excellent news for the owner.” Retail Crime Reduced To Zero A leading high street pharmacy chain has successfully protected valuable stock for more than six months following the installa5on of the intruder spray at one of its branches in Glasgow. The shop had previously been broken into six 5mes in one month, sustaining damage on each occasion. Since the installa5on of the

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selectaDNA microdot viewed under an illuminated microscope

spray system, which emits a burst of forensic DNA solu5on on ac5va5on, there have been no break-ins reported.

James Brown, Sales Director of Selectamark, said: “In these difficult trading 5mes, our SelectaDNA spray products give shopkeepers and retailers in vulnerable areas added protec5on and peace of mind. If the worst should happen and a burglar enters the premises by force, they will be sprayed with the DNA which links them instantly to the crime scene. “However, as SelectaDNA is a highly effec5ve deterrent it is extremely likely that any offender would flee without reward as soon as they are sprayed. The DNA fear-factor among criminals is very high.”

Selectamark Security Systems plc, 1 Locks Court, 429 Cro%on Road, Locksbo6om, Kent, BR6 8NL, UK. Tel: +44 (0)1689 860757. Fax: +44 (0)1689 860693. Email: sales@selectamark.co.uk Website: www.selectadna.co.uk For further informa5on: Angela Singleton, Press Oﬃcer for Selectamark. Mobile: +44 (0)7905 623 819. Email: angela.singleton@selectamark.co.uk

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CRIME PREVENTION

Owen Loeﬀellechner, BNZ Na5onal Manager, Fraud and Security, said: “We feel very comfortable a%er proﬁling this aspect of the spray that this is a safe and diligent solu5on.”

CASE STUDY

InScope – Integrated DIP & Oﬀender Management Solu2ons

n a period of constrained public budgets and worries about the effect the economic situa2on will have on levels of crime, the complex challenge of offender management demands ever closer partnership working and innova2ve approaches. The Safer Lambeth Partnership has made reducing re-offending central to its plans to con5nue to make Lambeth a safer borough. The Partnership brings together the local authority, Police, HMP Brixton, Proba5on service, the London Fire Brigade and NHS Lambeth together with businesses and local voluntary and community groups. The Partnership has successfully delivered significant reduc5ons in crime but like many Partnerships is now facing considerable challenges.

The Partnership has adopted Integrated Offender Management (IOM) to drive sustained reduc5ons in re-offending. IOM provides a framework to enable partners to align resources to target a cohort of offenders who cause most harm to local communi5es. In Lambeth it was agreed that the focus of the IOM service would be drug using offenders involved in acquisi5ve crime

(robbery and burglary have a signiﬁcant impact on vic5ms); oﬀenders who serve under 12 months and were therefore not subject to Proba5on supervision as well as domes5c violence perpetrators.

The Partnership has won awards for its work to tackle violence against women and girls but tackling the perpetrators was iden5fied as a gap in service provision. The common denominator for this cohort was the high volume of their offending. IOM service brings together Proba5on and Police staff; a small team of social workers working with young adult offenders as well as a voluntary organisa5on that provides enhanced case management for offenders who engage with the service. The ethos is a simple one: Support to lead a crime free life; consequences if you don’t. Early on in the development of the service it was recognised IT could play a

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vital role in suppor5ng IOM staff to effec5vely and efficiently manage offenders. It was also important that partners were provided with regular performance informa5on that was outcome focused to inform future commissioning decisions within a difficult financial envelope.

Lambeth Community Safety Service has worked with Paloma Systems Ltd to develop “InScope” as an IOM Case Management System. Paloma Systems had previously provided IT support to our Drug Interven5on Programme (DIP) which remained a key element of the new IOM service. Key requirements were developing flexibility to manage a range of offender need and risk; robust performance repor5ng to both funders such as the Home Office as well as senior partners and commissioners; ability to build offender profiles and effec5ve and 5mely informa5on exchange all

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Paloma Systems has worked very closely with representa5ves from the diďŹ&#x20AC;erent partners delivering IOM and several prototypes were trialled by IOM staďŹ&#x20AC;. Feedback was used to drive further developments and reďŹ ne the Case Management System in line with the needs of the service. In addi5on, a training programme for users was delivered which also yielded useful feedback. As would be expected, usage of the new Case Management System has created addi5onal issues and the introduc5on of new changes to DIP repor5ng requirements has posed a further challenge. Paloma Systems have con5nued to work closely with Lambeth Community Safety and the IOM service to respond to these demands. We are con5nuing to work closely with Paloma Systems to

make ďŹ nal reďŹ nements to InScope and once these are completed the Home OďŹ&#x192;ce will conďŹ rm that InScope is fully compliant with DIRweb for our DIP performance repor5ng. â&#x20AC;&#x153;The development and use of InScope has been integral to the eďŹ&#x20AC;ec5ve delivery of our IOM service enabling a range of partners to share informa5on; record work to support oďŹ&#x20AC;enders to reduce their oďŹ&#x20AC;ending and provide cri5cal performance informa5on to inform service development and demonstrate value for moneyâ&#x20AC;?. Christopher Dâ&#x20AC;&#x2122;Souza, Head of Drugs and Criminal Jus5ce Interven5ons, London Borough of Lambeth. Background The London Borough of Lambeth is an inner London borough with a popula5on of approximately of 238,300. It is the fourth most densely populated council area in the country and its popula5on is projected to grow by a further 44% to 343,556 by

Interviewer Interviewer Interviewer nvestigative the

Issue 1 November 2010

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BEST PRACTICE IN VICTIM,WITNESS AND SUSPECT INTERVIEWS

Visually Recorded Witness Interviews â&#x20AC;&#x201C; New Guidance

ALSO INSIDE THIS ISSUE

Suspect interview focus Interviewing the M25 rapist Adverse Inferences

nvestigative the

Issue 2 February 2011

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BEST PRACTICE IN VICTIM,WITNESS AND SUSPECT INTERVIEWS

Rape Interviews: Are they eďŹ&#x20AC;ective?

Fa c e b o o k m u r d e r e r When a witness becomes a suspect Vo l u m e c r i m e Fa l s e c o n f e s s i o n s Child witnesses

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Issue 3 May 2011

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V ic ti mol ogy: I n t er vi ew i n g the dead

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Sex OďŹ&#x20AC;ender interviews Inves-ga-ve Hearsay C o g n i - ve B i a s Coroner â&#x20AC;&#x2122;s and Jus-ce Act Suspect challenges

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2031. Lambeth has a very diverse popula5on, 38% are from Black and Minority Ethnic communi5es; 12% Black Caribbean and 11.6% Black African. There is also a large lesbian, gay, bisexual and transgender community and an increasingly diverse, older community. At the same 5me, Lambeth has a young popula5on with 75% of residents aged 44 or under. Lambeth has a highly transient popula5on, with a turnover of roughly 20% every year. This presents both huge opportuni5es and challenges!

For further informa5on on InScope please visit www.paloma.co.uk or email Inscope@paloma.co.uk or call on 01273 778688 The Investigative Interviewer

The worldâ&#x20AC;&#x2122;s only on-line magazine dedicatedAdvert to best practice in interviewing. Next issue out FEBRUARY 2012 Call +44 (0)844 660 8707 for subscription details.

CASE STUDY

within a demanding 5meframe of six months. InScope went live in August 2011.

THE INVESTIGATOR

Guilty but mostly stupid R

ules for Bank Robbers: According to the FBI, most modern-day bank robberies are "unsophis2cated and unprofessional crimes," commi3ed by young male repeat oﬀenders who apparently don't know the ﬁrst thing about their business.

note. Demand notes have been wri6en on the back of a subpoena issued in the name of a bank robber in Pi6sburgh, on an envelope bearing the name and address of another in Detroit, and in East Har4ord, Conn., on the back of a

5. Take right turns only. Avoid the sad fate of the thieves in Florida who took a wrong turn and ended up on the Homestead Air Force Base. They drove up to a military police guardhouse and, thinking it was a tollbooth, oﬀered the security men money.

For instance it is reported that in spite of the widespread use of surveillance cameras, 76 percent of bank robbers use no disguise, 86 percent never study the bank before robbing it, and 95 percent make no long-range plans for concealing the loot. Thus, this advice is oﬀered to would-be bank robbers, along with examples of what can happen if the rules aren't followed: 1. Pick the right bank. Clark advises that you don't follow the lead of the fellow in Anaheim, Cal., who tried to hold up a bank that was no longer in business and had no money. On the other hand, you don't want to be too familiar with the bank. A California robber ran into his mother while making his getaway. She turned him in. 2. Don't sign your demand

Actually, it accentuated his features, giving authori5es a much clearer picture. Bank robbers in Minnesota and California tried to create a diversion by throwing stolen money out of the windows of their cars. They succeeded only in drawing a6en5on to themselves.

withdrawal slip giving the robber's signature and account number. 3. Avoid being fussy. A robber in Panorama City, Cal., gave a teller a note saying, "I have a gun. Give me all your twen5es in this envelope." The teller said, "All I've got is two twen5es." The robber took them and le%. 4. Don't adver5se. A holdup man thought that if he smeared mercury ointment on his face, it would make him invisible to the cameras.

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6. Provide your own transporta5on. It is not clever to borrow the teller's car, which she carefully described to police. This resulted in the most quicklysolved bank robbery in the history of Pi6sﬁeld, Mass. 7. Consider another line of work. There was the case of the hopeful criminal in Swansea, Mass., who, when the teller told him she had no money, fainted. He was s5ll unconscious when the police arrived.

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xygen So#ware announces Oxygen Forensic Suite 2012 v. 4.0, a major update of its ﬂagship mobile forensic tool.

The newest release provides forensic specialists with a range of powerful analysis tools, enabling inves5gators to discover connec5ons of the mobile user. The tools will analyze the user’s contacts and social connec5ons and quickly reveal his communica5on circles.

More informa5on about the company and its forensic solu5ons is available at www.oxygenforensic.com or call the oﬃcial UK reseller +44 (0)1296-621121 (UK) or visit the page: www.dataduplica5on.co.uk

Tables and visual charts allow forensic specialists looking over the user’s communica5on ac5vity at a single glance. Oxygen Forensic Suite 2012 receives analy5c toolkit for social network communica5ons on iOS and Android devices. Adding Facebook, Twi6er, Google+, Foursquare and Twinkle allows inves5ga5ng user’s connec5ons in popular social networks. In addi5on, the toolkit adds support for analyzing user ac5vi5es in the most popular browsers for Android devices. The newly added Device Logs sec5on allows inves5gators accessing all logs generated by Android-based devices.

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ADVERTORIAL

Oxygen Forensic Suite 2012 Oﬀers Extensive Analysis of Mobile Users’ Connections

TECHNOLOGY

From Drones to Mobile Phones H

ow the latest video enhancement techniques used by the US military’s spyplanes can change blocky, poor quality mobile phone videos into usable evidence. In the technology heartlands of California, one man’s idea for a new and revolu5onary form of image processing is changing the way we see and broadcast video. Dr Sean Varah is CEO of Mo5onDSP, a leading company in GPU accelerated image processing so%ware including Ikena.

The ‘Ikena’ family of products can drama5cally improve the quality of video. The unstable pictures and high compression levels from unmanned aerial vehicles (UAVs) are very similar to those produced by mobile phones.

Before and a er enhancement using Ikena

The most advanced Ikena products support opera5onal deployments within the US Dept of Defense and Na5onal Intelligence Agencies and it’s users include the US Air force and US Intelligence Service. When processing video from UAV s there must be no delay to hinder the online pilot and with GPU processing Ikena can process mul5ple HD 1080p streams instantly. Ikena is now being used to process recorded footage on everyday PCs by the world’s leading forensic labs such as the US secret service, NCIS, and

the London Metropolitan Police.

What’s new and different ? Video enhancement starts with tools to op5mise the levels of brightness within a picture. Even a simple ‘Contrast stretch’ can bring out a wealth of detail, especially in shady or dark areas. Although we humans may see a solid area of shadow, o%en the video is actually displaying detail in many subtly different shades of grey. The enhancement cleverly adjusts the picture so that the human viewer can see the details. Only Ikena takes the next step. The new technique used by Ikena is called ‘Reconstruc5on based super resolu5on’ and this effec5vely looks at the neighbouring images in a clip of video and takes the best bits from each image to make a combined, resultant image that is far clearer than any of it’s component parts. This technique, only possible with today’s superfast computers, has two beneficial effects. Firstly the clarity of the picture is increased, allowing more detail and features to be seen. Secondly, unwanted viewer distrac5ons like noise or compression blocking are o%en

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TECHNOLOGY

moving around a lot so Ikena sees through this bad informa5on, making it more transparent. The end result is a clearer image, with far less viewer distrac5ons.

This dark video is taken on a Sony Ericson K850. Picture 1: original footage Picture 2: demonstrates how detail can be gained by raising the overall brightness and stretching the contrast. The process of bringing out this detail also brings out a lot of sensor noise (grainy image) and compression artefacts (large square blocks). Picture 3: Ikena combines the best of many images to see through these problems. every detail to put it in the right place. If Ikena has 10 images to work with and just one was put in the wrong place the result would be a blurred image and the object would be transparent. To accurately reconstruct the picture, Ikena o%en has enough informa5on to reproduce an image more accurately that itâ&#x20AC;&#x2122;s na5ve size.

To enhance moving objects within a moving image, especially from lightweight aircra% which suďŹ&#x20AC;er considerably from wind and turbulence, Ikena notes the posi5on of each and every pixel from each and every image. When the picture is reconstructed the so%ware has to know the exact loca5on of

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TECHNOLOGY

Super Resolu2on at work

Picture 1a: taken on a Nokia, this 3gp video shows a bookshelf. Picture 2a: rotated and zoomed into the very centre. 2a

Picture 3a: a reconstruc2on of the picture using mul2ple images, however as the na2ve resolu2on of the phoneâ&#x20AC;&#x2122;s video is only 144 x 176 pixels the resultant picture is only made up of pixels that size too. This can be seen by the blocky curves.

Picture 4a: the picture reconstructed using 432 x 528 pixels (3x smaller both ver2cally and horizontally) curves are now visible and more detail is visible. Ikena has applied this level of enhancement to every image in the video clip making an enhanced video at 9 x higher resolu2on than the original.

Ikena has many more features than could be included in this ar5cle, Best Evidence Technology Ltd supply Ikena in the UK and demonstra5ons are available countrywide. An enhancement service is available using a secure FTP site or discs can be sent and visits arranged. For more informa5on go to www.bestev.co.uk or call +44 (0)1312 722721.

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