1
The Crime Scene Context

Raul Sutton

1.1 Introduction

The management of the process of scene recording and evidence recovery has in recent years been through some significant changes. The introduction of new technologies such as digital cameras, database storage systems for scene information management, automated three‐dimensional scene reconstruction software, digital fingermark recovery systems, and real‐time methods for trace analysis, amongst others, are changing the face of scene management. The development cost of introducing such equipment is high and the need to ensure the continuity and integrity of items gathered at the scene mean that these methodologies are being introduced gradually for use in major crimes. However, after the recovery of development costs, the cost of such equipment purchase will inevitably drop, making their introduction to the management of volume casework a realistic possibility.

In addition, there have been rapid changes to the way in which Crime Scene Investigators (CSIs) are trained in the UK. There has been a growth in forensic science courses in the United Kingdom. A proportion of these graduates are looking to gain employment within the area of crime scene investigation. Such graduates, if properly educated, will inevitably add scientific rigour and an advanced level of understanding to the crime scene aspect of forensic science. The Chartered Society of Forensic Sciences has acknowledged this by incorporating crime scene investigation into the criteria for its accreditation process.

There is a need for other stakeholders who may have to attend scenes of crime to be aware of the role and remit of scene processing, to understand the nature and types of evidence that can be found at scenes of crime and to take appropriate measures to preserve and protect such evidence. These may include persons such as paramedical personnel as well as serving police officers. Within the English legal system the increased role of forensic analysis in the successful prosecution of crimes has suggested that legal agencies need to be aware of the entire forensic process of which crime scenes form a part.

1.2 What is a crime?

Crimes by their definition are those acts which are deemed contrary to the criminal law governing the country of concern. Nation states operate the criminal legal system in different ways, but such systems are underpinned by a philosophical framework. In European legislation the articles of the European Convention of Human Rights 1953 define the overarching philosophy. In summary, this contains protection for the following:

• Article 1: Protection of property
• Article 2: Right to life
• Article 3: Prohibition of torture, inhumane or degrading treatment
• Article 5: The right to liberty and security of person
• Article 6: The right to a fair hearing or trial
• Article 8: The right to respect for private and family life
• Article 10: Freedom of expression.

These are embedded in various forms within the EU (European Union) member states by means of legislation, and the legal framework within which law enforcement takes place must meet these obligations. The UK has embedded this Convention by means of certain Acts of Parliament, the latest of which is the Human Rights Act 1998. The national bodies responsible for implementing legislation have qualified some of these rights by reference to the general wellbeing of society; thus the rights may be curtailed if any of the following conditions are met:

• if the action is prohibited by law and
• necessary actions within a democracy and
• for any of the following reasons
  • – national security
  • – territorial integrity
  • – public safety
  • – preventing disorder or crime
  • – protecting health
  • – protecting morals
  • – protecting the rights of others.

For reasons concerning the strategic handling of offences that are deemed to be criminal acts within the UK, crimes are normally categorised into two types: volume and major. Crimes that are often categorised as major by a police service/force/constabulary, according to their seriousness, include:

• murder (common law)
• manslaughter (common law)
• infanticide (Infanticide Act 1938)
• rape (Sexual Offences Act 1956)
• serious wounding (Offences Against the Person Act 1861)
• armed robbery (Theft Act 1968)
• aggravated burglary (Theft Act 1968)
• kidnapping (common law)
• terrorist offences (Prevention of Terrorism Act 1989)
• any offence deemed ‘major’ by its significant impact on society (e.g. contamination of goods).

Many of these types of crime have a high media profile and so the treatment of the investigation assumes a priority and more time, effort and financial resources will go into investigating them.

Minor crimes make up the majority of police service/force/constabulary work and encompass anything not deemed to be a major crime. A small range of these criminal offences are called volume crime. The definition of volume crime includes:

• street robbery
• burglary – dwelling
• burglary – non‐dwelling
• theft (including shoplifting)
• vehicle crime – theft of
• vehicle crime – theft from
• criminal damage
• minor drugs offences that are linked with acquisitive crimes

as defined by the Association of Chief Police Officers (ACPO) (Garvin, 2002). At the end of 2014 ACPO were reformed into the National Police Chiefs’ Council (NPCC). The intensity with which minor and volume crimes are investigated will vary from force to force depending on available resources, initiatives etc. This situation, whilst not ideal, represents the best available use of resources within a police service/force/constabulary.

Self‐assessed questions

1. 1.1
   1. (a) Describe what makes burglary a crime in the United Kingdom.
   2. (b) Which article(s) of the European Convention on Human Rights does burglary infringe?
2. 1.2 Describe the major difference between volume and major crimes.

1.3 The nature of the UK legal system

The legal system in the United Kingdom is based upon common law and statute. Within the United Kingdom there are three separate but similar jurisdictions: England and Wales; Scotland; and Northern Ireland. Whilst the laws are similar in each jurisdiction, they are not identical. The system is a balance between three interacting organs of the state, the executive (government), the legislature (parliament) and the judiciary (courts). In ideal circumstances these three organs of the state should be independent, but in the United Kingdom the functions overlap (particularly the executive). In Western‐style democracies, the role of the organs of state is to maintain the rule of law. In many states these rules are underpinned by a series of articles, often called a constitution, which are seen to be the basis for the operation of a civilised society. The United States of America is an example of a nation state with just such a constitution. The United Kingdom has no such underpinning articles of state and the rule of law is defined by the enacting of the wishes of the elected representatives of the people. Whilst there is no official constitution in the United Kingdom, it can be argued that the precedent of Acts of Parliament, legislative assemblies such as exist in Wales, Northern Ireland and Scotland, and judicial rulings, have bestowed a pseudo‐constitution in the United Kingdom.

Laws are put into practice that will affect the way society regards itself. Broadly these laws can be broken down into two types, civil and criminal. Individuals can choose to flout the given laws (by not paying bills, for example) and may face civil proceedings (in order to recover monies due etc.) or criminal prosecution (in the case of grievous bodily harm, for example) as a consequence. The crime scene forms part of the criminal side of this process.

1.4 The legal system in England and Wales

1.4.1 Her Majesty’s Courts and Tribunals Service

The operation of all the courts within England and Wales was brought under one overarching organisation, Her Majesty’s Courts Service (HMCS), on 1 April 2005. In 2011 this organisation was merged with the Tribunals Service to form Her Majesty’s Courts and Tribunals Service (HMCTS). This organisation includes the Magistrates’ Courts Service and the Courts Service. The HMCTS is an executive agency of the Department for Constitutional Affairs (DCA); it has stated: ‘Our purpose is to deliver justice effectively and efficiently to the public. We are responsible for the administration of the civil, family and criminal courts in England and Wales.’

1.4.2 The Crown Prosecution Service

The Crown Prosecution Service (CPS) is a government agency that decides whether criminal investigations, which have been started by the police, should progress to court. If a case is progressed, the CPS prepares and conducts prosecution court proceedings, provides prosecution barristers and arranges for prosecution witnesses to attend court.

1.4.3 The judiciary

The judiciary sit within a system that is the result of several centuries of development. There are a tiered series of courts to...