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The paper "Incident Command System and Crime Scene Management" highlights that Douglas (1999) writes that there is a body of administrative regulations that apply to the management activities of police; this body of administrative regulations includes statute law as well as common law…
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Running Head: Legal studies in Policing - Incident command system and crime scene management
Legal studies in Policing - Incident command system and crime scene management
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So as to achieve the goal of being a professional police service dedicated to enhance the safety and security of the community, it is fundamental that every police officer understands and appreciates the various functions that he or she is in command of. This is particularly important when managing incidences. The following essay examines the five QPS-ICS roles required to be performed during this incident as the shift supervisor on duty so as to resolve the incident: command, operations, planning, intelligence, and administration & planning. The respective tasks for each role have been analyzed as well, and the key characteristics have been examined as well.
The QPS-ICS model requires that so as to effectively manage this incident, each of the five roles must be effectively accomplished; command, operations, planning, intelligence, and administration & planning. It is for this reason, that the shift supervisor will put into consideration the roles above and their respective tasks when implementing this incident. The successful application of these roles requires having a good understanding of each of the roles as well as their tasks; the following is an extensive elucidation of each of the roles together with their respective tasks.
The role of command at the crime scene is the first functional role represented by the Incident Management Team. The role of command is performed by an emergency commander and would be located at the police forward command post (PFCP). The various duties of command require that it is allocated a staff officer. (Molino, 2006) One of the most important principles to always remember is that the role of command, as is also the case with related roles of control and coordination, do not start at the incident scene, rather, they start immediately the PFC is notified of the occurrence of the incidence. This means that right away the PFC was informed over the radio of sierra 280’s call for urgent assistance, which is when the command role began.
The command role constitutes the following four phases: notification, arrival, direction and resolution. These tasks, however, are not definitive, hence additional tasks or fewer tasks may be required, depending with the complexity of the incident or as it unfolds. The PFC will therefore firstly carry out the notification task, which entails the information receivership, immediate situation assessment, checking resources the direct isolation, containment and evacuation because of the smoke observed from a rear window of the dwelling. Another fundamental task that the PFC will perform will be the direction task; direction would entail implementing and directing IAP which includes contingencies and liaising and coordinating specialist support. This task would also require ensuring the safety welfare of the personnel and conducting briefings, managing all media that may be present at the incident site and providing SITREPS. The resolution task is the other fundamental task that the PFC would perform; resolution includes receiving information on inner cordon control, arranging investigations, restoring the environment and evaluating incidence response and report. (Walsh, 2005)
The successful resolution of this incident will require the dependence and smooth interlock of the five roles with maximum flexibility; therefore, because this incidence is not very complicated, the PFC would implement the operations role as well. However, the role would be delegated when necessary as the situation progressed. It is the responsibility of operations function to perform the response activities as described in the crime scene’s Incident Action Plan (IAP). The operations officer would be in charge of this function and would report to the PFC who is accountable for all incident response activities. This officer’s tasks include the following: firstly, he or she would be required to assist the PFC or the incident’s emergency commander to coordinate and control the crime scene’s operational aspects. It is also the task of the operations officer to manage as well as supervise operations at the scene using trained personnel who are competent enough to carry out the duties they are assigned. Another task that the operations officer would perform is to ensure that a record is established that contains the details of the conditions of the persons in the building, or details of their whereabouts, as well as collecting SITREPS for the information of the PFC. (Phelan, 2008)
The above tasks can be performed by the operations officer, whose role can be played by the PFC, or can be performed by assistants at the incidence. The other equally significant role is planning; responsibilities of planning can be carried out by the planning officer, who may be the PFC or where applicable present assistants. If the PFC determined that this incident required a planning officer, then the planning officer would report directly to the PFC. Key tasks of the planning officer are: firstly, the officer would prepare a site map of the incident that showed the location of command posts, assembly areas, marshalling areas, safe access routes within the area as well as areas where officers are positioned at check points, outer or inner cordons. The other task that the planning officer would perform in this incident is consulting with liaison officers of every agency present and establishing the available or required resources. (Phelan, 2008)
After employing planning, the PFC would be required to implement intelligence, as this is the role that will see to it that management of information is implemented, an essential function to the ICS. The PFC would, according to the QPS-ICS, ensure that information is received, evaluated and analysed, which is followed by propagation of intelligence. (austlii.edu.au, 2000) QPS-ICS also provides that intelligence should be well-timed, well organized and clearly presented as this is fundamental in decision making towards the successful management of the incident.
One of the key tasks that the intelligence officer would perform is collecting information that is related to the incident, such as hazardous materials at the scene, or safety information. Other essential information that would be collected is the information pertinent to the investigation function. This is especially important because of its use in locating and apprehending offenders, which is an important factor that should always be in the minds of the PFC when collecting and recording facts about the incident. In relation to this incident, critical information that should be broadcast immediately is such as: time lapse between the offence and currently, a description of the offender, the type of weapon the offender has the likelihood that the offender would use violence when approached. (Douglas, 1999)
The intelligence officer would also commence a register on various intelligence enquiries conducted and the information provided; this information is also critical to the operation and could be displayed on the intelligence board where necessary. Since this is a strategically dangerous situation, the role of intelligence requires that an information display in relation to the incident is established. This task, in addition to the aforementioned tasks of the intelligence officer requires to be performed by a competent officer intelligence appointed by the PFC, as is stipulated in the OPM. Regular assessments of intelligence reports are fundamental in supporting decision making; hence the use of intelligence in any incident is critical to planning and operations. (Deal et al, 2010)
An all round effective QPS-ICS cannot be achieved without the function of administration and logistics. In implementing this function at this incident, the PFC would ensure that the following persons are present and available: an administrations and logistics officer, an information officer and if need be, a communication officer and necessary assistants. The sensitive tasks of this function include ensuring that facilities, materials and services, as well as personnel are acquired so that the incident can be effectively managed. Other tasks include monitoring incident related personnel, costs and equipment and the administration of the same as the incident requires. (Deal, Bettencourt, & Deal, 2010)
In the case whereby both the Administration and logistics officer and the communications officer are deployed in the incident, the specific role of the administration and logistics officer will be to consult the PFC and other team members so that support requirements for the incident can be identified. Some of the Support requirements essential are: allocated resources, available or those that are on the way; the strengths and weaknesses of the resources; required additional personnel equipment and consumables; the setting up and safeguarding of communications and technical advice; and the provision of food, fluids and medical assistance to personnel if injured. An additional fundamental role of the logistics and administration officer would be to ensure that the acquisition of resources is restricted only to those located within the established geographical area of the incidence, as is stipulated in the Public Safety Preservation Act. (Freckelton & Selby, 2007)
With regard to these roles, it is fundamental for the PFC to be aware that the roles are mutually dependent, and it is his duty to ensure that the necessary links between the roles is provided. This is very important when implementing his role of command, control and coordination of the personnel and functional units in the incident so as to help resolve the incident. As the shift supervisor, because of being the first response officer, should perform the function of the PFC from a police forward command post (PFCP), which should be located in the proximity of the incident. This is fundamental for providing the necessary links between the aforementioned roles and ensuring that the related tasks are performed as required. (Douglas, 1999)
Besides ensuring that these roles and their tasks are performed, the PFC will also consider, particularly in reference to the potential of this offender engaging in terrorist acts, declaring an emergency situation as provided in the Public Safety Preservation Act. Such a declaration, however, can only be made by a commissioned officer as stated in section 5 of the Public Safety Preservation Act. In addition, A Terrorist Emergency declaration can also only be made by an eligible State or non-State police officer who is chosen by the Commissioner, a Deputy Commissioner or Terrorist Emergency commander. Moreover, with regard to the substance that was reported to appear as smoke coming from a rear window, the PFC should consider declaring a CBRE as provided in the Public Safety Preservation Act, (section 17), the Chemical, Biological and Radiological Emergencies' incidence. By notifying a State police officer of no less than the rank of assistant commissioner nominated by a Deputy Commissioner, A CBRE can be declared. Based on the advice of other emergency responders who may advice that the incidence may involve a terrorist attack, the PFC would ensure that a situation report (SITREP) is sent to the officer in command of the region; as well as to the Duty Officer, Police Communications Centre, Brisbane. (Freckelton & Selby, 2007)
Each of the aforementioned roles is essential when resolving this incident and the incident cannot be effectively resolved without one role. The tasks examined are as important when implementing the roles. For the police force to become an effective force and for it to realize its goals, the above roles and their respective tasks will need to be implemented taking into consideration of the various principles.
References
austlii.edu.au. (2000). POLICE POWERS AND RESPONSIBILITIES REGULATION 2000 - SCHEDULE 10.
Deal, T., Bettencourt, M. D., & Deal, V. (2010). Beyond Initial Response: Using the National Incident Management System Incident Command System. New York: AuthorHouse.
Douglas, R. (1999). Administrative Law and response to emergencies. The Australian Journal of Emergency Management , pp. 2-8.
Freckelton, I., & Selby, H. (2007). Lawbook Online Expert Evidence- Crime Scene Aspects and Evidence Handling .
Molino, L. N. (2006). Emergency incident management systems: fundamentals and applications. New York: John Wiley and Sons.
Phelan, T. D. (2008). Emergency management and tactical response operations: bridging the gap. New Jersey: Butterworth-Heinemann.
Walsh, D. W. (2005). National incident management system: principles and practice. New Jersey: Jones & Bartlett Learning.
The ability of an officer to effectively manage an incident is greatly influenced by his or her knowledge of the law, the knowledge of service policy as well as the knowledge of procedure. This essay looks at the legislation, policies and procedures relevant to the crime scene, as well as the health and safety of people at that crime scene impacting on the duties and responsibilities of the supervisor at the crime scene. The role of the Workplace Health and Safety Act and its impact on the incident scene to ensure a healthy and safe environment has also been examined.
As the supervisor at the crime scene, there are various legislation, policies and procedures relevant to the crime scene and health and safety of people at that crime scene that need to be applied. According to the Police Powers and Responsibilities Act, a crime scene can be defined as a defines a crime scene as a primary crime scene or a secondary crime scene, whereby a primary crime scene is a “as a place where a seven year imprisonment offence or an offence involving deprivation of liberty has happened; and it is necessary to protect for the time reasonably necessary to search for and gather evidence of the commission of the offence”; and a secondary crime scene as a “where there may be evidence, of a significant probative value, of the commission of a serious violent offence that happened somewhere else; and it is necessary to protect for the time reasonably necessary to search for and gather evidence of the commission of the offence.” (austlii.edu.au, 2000) According to these definitions, it is apparent that this scene is a primary crime scene, hence requires the policies and procedures relevant to managing a primary crime scene.
The safeguarding of the crime scene is also a fundamental requirement considering that the services of forensic experts may be required so as to help facilitate the case. This would therefore require that the scene is safely guarded until the forensic tests are completed. While the action required to safeguard a crime scene may vary, in all cases, the aim of preserving the scene is usually to develop arrangements which guarantee that no prospective evidence is lost, spoiled or damaged, either by natural means or through the actions of people at the scene. (Freckelton & Selby, 2007)
One of the major duties as a supervisor of a crime scene is to ensure that the ‘responsible officer’ has complied with his or her obligations. One of the most important obligations of such an officer, with regard to the fact that the suspect has been taken into custody, is guarding the incident scene. The policy at the incidence scene requires that when evidence is to be placed in the security of police guard at a crime scene or an investigation scene in the course of an investigation, sufficient numbers of staff should be allocated to the investigation to avoid that officers responsible for the duty of guarding evidence from carrying out other duties at the same time for the period of their guard duties. The policy also requires that when guarding a crime scene or the scene of an investigation, inner and outer cordons should be established, by the ‘responsible officer’ at the scene. (Deal, Bettencourt, & Deal, 2010)
With regard to establishing inner and outer cordons, the relevant policies require that in case the size of an incident scene has been established and reliant on the incident type, relevant officers should ensure that an inner cordon as well as an outer cordon is established around the incident scene. The extent and size of the inner or outer cordons will depend on the circumstances of the incident. An inner cordon is developed so as to keep out all unauthorised persons together with other police as well as emergency services personnel, from gaining entrance to the crime scene. The function of the inner cordon is to set apart and ensure the immediate area of the incident is enclosed at the same time as the emergency service or the agency in charge of responding to the incident carries out its specific role. Additionally, an outer cordon helps to provide a perimeter so as to limit the interference of the public with the duties of the relevant authority and additional emergency services outside of the inner cordon.
The efficient supervision of the crime scene will therefore require that the responsible officer has adhered to these policies and has thoroughly cordoned the crime scene, which can be done by developing roadblocks and barricades or putting up crime scene tape. Alternatively, the officer can establish check points or posts by the side of the perimeter of a cordon. As the PFC and left to manage the scene and ensure that this is effectively done, the PFC would strategically position officers at various locations around the cordon and assign every officer an field of responsibility; as well as conduct a mobile patrol or a foot patrol alongside the cordon to avoid unauthorised persons gaining access to the place. (Phelan, 2008)
Proper management of the scene will also ensure that as the supervisor in charge of the crime scene, officers assisting at the scene are assigned precise duties and that every officer whose duty is to guard evidence should not have another duty. In this context, the officers responsible to guard evidence should be advised of the approximate or specific period for which the guard duty should carry on, considering that this period should be as short and definite as possible. It is also of critical importance that for the time period of guard duty assigned, the responsible officer should compile notes of the observations made in the duty. In addition, the names of every officer assigned to guard duty together with their respective observations should be compiled in the log of events and where necessary, situation reports should be provided by every officer on duty. (Deal, Bettencourt, & Deal, 2010)
Forensic testing is essential in a crime scene and should be carried out as required. Crime scene policies state that until the scene is deemed safe and forensic tests are completed, the supervisor in control of the scene should also ensure that: everybody, irrespective of police, and regardless of rank, media persons and unauthorised persons should not be involved in carrying out any tests or examining the scene and should therefore be barred from the scene. The supervisor should also ensure that the scene is nor contaminated and also ensure that an entry or exit point to the crime scene is put in place. The entry or exit point is should not be positioned in such a way that any prospective path used by the offender is contaminated and should be established, if achievable, according to the advice of a forensic officer. (Deal, Bettencourt, & Deal, 2010)
The procedure at such a scene is that unauthorised members would be accompanied by the supervisor in charge of the scene and would carry out any investigation according to the guidance of the officer, so as to prevent contaminating the scene. When considering the preservation of the scene, any prospective evidence is identified first; and if possible, the location of entry or exit of offender(s) is ascertained, the cause or origin of the incidence is located; items that may have evidentiary value should be tampered with by moving or touching by any person until all forensic examinations are complete or they are deemed unnecessary by a forensic officer. (Molino, 2006)
Douglas (1999) writes that there is the body of administrative regulations that apply to the management activities of police; this body of administrative regulations includes statute law as well as common law. From these laws, all the read legislation is formed. (Douglas, 1999). As established by the reading of Douglas, administrative law is the backdrop against which other legislation must be read. The Workplace Health and Safety Act 1995 is a good example of this. While laws stated in the Police Powers and Responsibilities Act with reference to enforcement may authorize certain actions, the Workplace Health and Safety Act has the power to limit the application of the actions to persons who have been trained to carry out the tasks.
According to section 30 of the Workplace Health and Safety Act, the person in control ofa workplace, such as the supervisor of a crime scene, has the obligation to ensure that a safety and healthy workplace is maintained. While in an incident command situation the person in control of the incident is the PFC, the responsibility shifts to another person if the person is delegated the duty of controlling the workplace. (Freckelton & Selby, 2007) Therefore, as the supervisor of the crime scene, it is the responsibility of the supervisor to ensure that all persons at the scene are working in a safe and healthy environment.
References
austlii.edu.au. (2000). POLICE POWERS AND RESPONSIBILITIES REGULATION 2000 - SCHEDULE 10.
Deal, T., Bettencourt, M. D., & Deal, V. (2010). Beyond Initial Response: Using the National Incident Management System Incident Command System. New York: AuthorHouse.
Douglas, R. (1999). Administrative Law and response to emergencies. The Australian Journal of Emergency Management , pp. 2-8.
Freckelton, I., & Selby, H. (2007). Lawbook Online Expert Evidence- Crime Scene Aspects and Evidence Handling .
Molino, L. N. (2006). Emergency incident management systems: fundamentals and applications. New York: John Wiley and Sons.
Phelan, T. D. (2008). Emergency management and tactical response operations: bridging the gap. New Jersey: Butterworth-Heinemann.
Walsh, D. W. (2005). National incident management system: principles and practice. New Jersey: Jones & Bartlett Learning.
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