Unit 21 Criminal Investigation Assignment Answers UK – BTEC HND Level 4

Unit 21 Criminal Investigation – BTEC HND Level 4 is all about the principles of investigation and the different techniques that can be used to gather evidence. The unit will also look at how to interview witnesses and suspects, as well as how to prepare for and give evidence in court. In addition, the unit will cover the different types of crime scenes, and how to carry out a thorough search of a crime scene. By the end of the unit, students will have a good understanding of the principles of criminal investigation and will be able to apply these principles to real-life scenarios.

Assignment Task 1: Investigate principles, processes, and legislation related to a criminal investigation.

A criminal investigation is a process of gathering evidence to determine whether a crime has been committed, and if so, who committed it. The investigation begins when a crime is reported to the police and ends when the case is presented to the prosecutor. During an investigation, the police will collect evidence, interview witnesses and suspects, and prepare for trial. In order to do this, the police must follow certain principles and procedures, as well as adhere to the law.

Principles

The following are some of the principles that guide a criminal investigation:

1. The presumption of innocence: This principle states that a person is innocent until proven guilty. This means that the burden of proof lies with the prosecution and that the accused does not have to prove their innocence.
2. The need for evidence: In order for a case to be successfully prosecuted, there must be evidence that proves beyond a reasonable doubt that the accused is guilty. This means that the police cannot rely on hearsay or rumors when investigating a crime.
3. The use of force: The police are allowed to use force when necessary, but they must use reasonable force. This means that the police cannot use excessive force or force that is not necessary to apprehend a suspect or preserve evidence.
4. The right to privacy: The police have the right to search a person’s home or property if they have a warrant, but they cannot invade a person’s privacy without a warrant.
5. The right to counsel: suspects have the right to speak to a lawyer before they are questioned by the police. This ensures that suspects understand their rights and are not coerced into confessing to a crime.

Procedures

The following are some of the procedures that the police must follow when conducting an investigation:

1. The crime scene must be preserved: This means that the police must not allow anyone to enter the crime scene, as this could contaminate or destroy evidence.
2. The evidence must be collected: The police must collect all evidence that is relevant to the case. This includes physical evidence, such as fingerprints and DNA, as well as witness statements and CCTV footage.
3. The evidence must be stored properly: The police must store all evidence in a secure location so that it cannot be tampered with or lost.
4. The investigation must be conducted thoroughly: The police must leave no stone unturned in their investigation. This means that they must interview all witnesses and suspects, and follow all leads.
5. The investigation must be conducted within the law: The police cannot break the law in their investigation. This means that they cannot use illegal methods, such as torture, to obtain evidence or confessions.

Legislation

The following are some of the laws that govern a criminal investigation:

1. The Constitution: The Constitution protects the rights of all citizens, including the right to privacy and the right to counsel.
2. The Criminal Code: The Criminal Code sets out the punishments for all crimes, as well as the procedures that the police must follow when investigating a crime.
3. The Evidence Act: The Evidence Act governs the admissibility of evidence in a criminal trial. This means that the police must follow certain rules when collecting and storing evidence.
4. The Human Rights Act: The Human Rights Act protects the rights of all people, including the right to a fair trial. This means that the police must not discriminate against suspects or witnesses based on their race, religion, or sexual orientation.

The above principles and procedures are important for the police to follow in order to ensure a fair and just investigation.

Assignment Task 2: Analyse the requirements of effective scene management and professional forensic evidence gathering.

Scene management is critical to the success of any forensic investigation. The first responders to a crime scene must take steps to secure the scene and protect the evidence. This includes establishing a perimeter, controlling access to the scene, and preserving any potential evidence. Professional forensic investigators must then be brought in to conduct a thorough search of the scene and collect all relevant evidence. The evidence must be properly packaged and labelled to ensure that it is not lost or tampered with. Finally, the investigators must document all aspects of the scene and the investigation so that the evidence can be used in court.

The requirements of effective scene management are:

1. Establishing a perimeter: The first responders to a crime scene must establish a perimeter to protect the evidence. This means that they must block off the area and prevent anyone from entering or leaving.
2. Controlling access to the scene: The first responders must also control access to the scene. This means that they must only allow authorized personnel to enter the area.
3. Preserving potential evidence: The first responders must take steps to preserve any potential evidence. This includes putting up tents to protect the scene from the elements and covering any bloodstains with plastic.
4. Conducting a thorough search: Once the scene has been secured, professional investigators must conduct a thorough search of the area. They must look for any evidence that could be used to solve the crime.
5. Packaging and labelling evidence: The investigators must properly package and label all evidence. This includes putting the evidence into bags or boxes and labeling them with the case number, the date, and the investigator’s name.
6. Documenting the scene: The investigators must document all aspects of the scene and the investigation. This includes taking pictures of the scene and writing detailed reports.
7. Securing the evidence: The investigators must take steps to secure the evidence. This includes storing the evidence in a secure location and ensuring that it is not lost or tampered with.

The above requirements are essential for the success of any forensic investigation. If the police fail to follow these steps, the evidence may be lost or corrupted, and the investigation will be less likely to succeed.

Assignment Task 3: Explain the process and purpose of the disclosure.

The process of disclosure is important in order to ensure that all relevant evidence is disclosed to the defense. The police must disclose any evidence that could be used to disprove the guilt of the accused. This includes any evidence that contradicts the prosecution’s case or that could be used to impeach a witness. The defense must be given this evidence so that they can properly prepare for trial.

The purpose of disclosure is to ensure that the accused receives a fair trial. If the defense does not have all of the relevant evidence, it will not be able to mount an effective defense. This could lead to an unfair trial and an unjust result.

Assignment Task 4: Describe the structure and workings of criminal courts and the role of expert evidence.

The criminal courts are responsible for trying cases of crime and passing sentences. The court system is comprised of a number of different courts, each with its own specific function. The most common type of criminal court is the Magistrates’ Court. This court deals with less serious crimes and usually decides whether to commit the case to trial in the Crown Court.

The Crown Court is the court that deals with more serious crimes. This court hears trials and decides on the guilt or innocence of the accused. If the accused is found guilty, they will be sentenced by the court. The sentence will depend on the severity of the crime and the criminal history of the offender.

The role of expert evidence is to provide the court with specialist knowledge that can assist in the decision-making process. Expert witnesses are typically used to give evidence on technical or scientific matters. They may also be used to give opinion evidence on issues such as the mental state of the accused.