The Crime Manual For Ship (Non Restricted) - 2010

The Crime Manual for Ships
Security Officers
Copyright of Hampshire Constabulary - 2009
The Crime Manual for Ships Security Officers
CRIMEMANUALFORSHIPSSECURITYOFFICERS
1ForwardbyACCDavidPryde,HampshireConstabulary
The Challenge
The maritime industry has enjoyed considerable growth in recent years resulting in
significant increases in the number of passengers and cargo being transported on
UK Territorial and International waters. This presents new vulnerabilities and
challenges in preventing the potential for crime against persons on board or indeed
against the ship itself.
The Police and the UK Maritime Industry have well established links to ensure these
additional risks are managed. It is inevitable however that in a small number of
occasions, ships masters will be required to deal with serious criminal offences on
board.
For the first time a manual has been created by the Police to give immediate advice
to Ship Security Officers and crew on important aspects of crime investigation and
crime scene management. This document should be considered as 'best practice'
and guide your initial actions when dealing with a major incident or serious crime.
Assistant Chief Constable David Pryde

ACPO
Maritime Planning and Operations
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Introduction
The purpose of this work is to provide guidance to the maritime industry in general
and in particular to Ships Security Officers (SSOs) in respect of the action they
should take following a criminal incident on board a vessel at sea.
It covers both the initial steps to take and also gives detailed guidance on longer
term aspects of any such enquiry.
The training of Ships Security Officers often does not cover criminal investigations in
any detail. This has on occasion led to confusion and either a lack of action, or
inappropriate action being taken. The consequences of this may be very damaging
to the individuals involved as well as to the company in respect of their reputation
and may also have serious financial implications.
This guide has been compiled by detective officers from the Major Crime
Department, Special Branch and Scientific Services Department of Hampshire
Constabulary. During the writing of the guide the following organisations have been
consulted and have had input into the work:ACPO Maritime leads, Carnival UK, Ministry of Defence Police, Maritime and
Coastguard Agency, The Red Ensign Group.
This is the first edition of The Crime Manual for Ship Security Officers
To print any page of this guide simply right-click on the text and then select the
printer.
For maximum utility this guide should be used on a computer connected to the
internet.
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2BasicInitialSteps
If the incident is serious then the Security Officer should

inform and receive direction from Senior Management.
If the incident is a crime then:-
Identify the crime scene(s). There is often more than one

scene.
If an outside agency is arriving to process investigation and

the crime scene, the SSO is to maintain integrity of the
crime scene by cordoning it off and preserving it. In some
cases it will be necessary to guard the scene.
Identify victim
Identify, locate and detain the offender
Identify witnesses
Take notes
Forensically recover evidence from the scene
Complete Security report
Take relevant statements
The greatest opportunities for gathering evidence and solving a crime are
in the first few hours after the incident.
More detailed guidance on all of the above is given later in this manual.
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3SecurityIncidentReports
A Security Incident Log of all incidents reported to the Ships Security Staff and the
resultant actions taken should be kept by the Security Officer. A copy may be kept in
the Pursers Office. Upon notification of a security related complaint, a Ship Security
member will be paged and advised of the complaint. The complaint is to be
investigated as soon as possible and the details recorded in the log. This log should
be maintained with accuracy and include all relevant detail. A proforma report log
should be available to ensure no details are overlooked.
InformationinReport
The report should be as brief but as detailed as possible, omitting nothing of
importance, but avoiding information which is irrelevant and has no real bearing on
the incident or situation. The report should include: Who, What, Where, When, Why
and sometimes How.
1. Who - Who are the persons involved, are there any witnesses and who reported
it?
The names, ages, nationalities, cabin numbers, home addresses and telephone
or e-mail details as well as any other information that could be helpful in positively
identifying and later contacting the persons concerned should be included. A brief
description of the persons involved and their clothing at the time of the incident
may greatly assist. These details should be taken for the complainant, the victim
and all witnesses.
2. What - What happened?
Describe exactly what took place in detail and in the order in which the events
occurred. Accuracy is very important and only the facts should be stated.
(Conjecture and/or personal opinions should not be included).
3. When - When did the incident occur?
The time, day, month and year is to be given e.g. 2310 hours on Wednesday
October 24th 2008.
When - When was the incident reported?
The report should include details of when and by whom the incident was brought
to the attention of the crew and the details of the crew member receiving the
report.
4. Where - Where did the incident take place?
The lounge / bar / cabin number, etc., should be included in the report. In a larger
area more detail may be included, e.g.; the Ocean Bar in the port forward area by
the gaming machines.
Continued
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5. Why - Why did the incident happen?

If the reason is known, full details should be given. Initially this may not be known
6. How - How did the events take place?
What has happened has already been covered. It is sometimes helpful to say
how a certain event or events happened.
PresentationofReport
The written report may be used as evidence and may often be relied on by Senior
Management. There may be situations when the report will need to be submitted to
the Police, other authorities or made available for litigation in a court of law. Care
should therefore be taken in its compilation to ensure:
Accuracy
Completeness of information and detail
Legibility of handwriting
Neatness of presentation
Correction of errors
Correct use of punctuation
Correctness of spelling
Terminology
Avoid using abbreviations or words that are only understood by Security Staff.
Commonly used names and terms should be used so that anybody reading the
report can understand what it says.
Confidentiality
It should be noted that all reports made are the property of the Company and should
remain confidential; no information should be released without consent of the
Company.
Notes
Notes should be taken during the initial stages of an incident. These should be taken
in a proper notebook used only for that purpose. The notes will be of great
assistance later when compiling any reports. Sketch plans should also be made in
this book. Notes made at the time of the incident may later assist the Security Staff in
remembering important details that could otherwise be forgotten or overlooked.
Any notes made must be retained for later use in a court of law.
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4PowersofaSecurityOfficer
Under UK legislation there are virtually no powers specifically provided for a Ships
Security Officer.
To examine what powers an SSO can utilise we will look at the following areas:-
Question
Any person can ask questions to investigate an incident, police officers have no
specific powers and none are therefore needed by an SSO. If the person does not
voluntarily answer the questions it is their choice, they cannot be forced to answer.
TakeStatement
Again this is a voluntary process and any person can take a written statement about
an incident from a victim or witness.
Search
Under most jurisdictions a Ships Security Officer will have no power to conduct a
search of any person without their consent. However crew and passengers will
usually have given their implied consent under the terms and conditions of their
employment or passage.
Seize
It is obvious that any item found in a search as above can be retained by the finder
Caution(UKLegislation)
Code C.10 of The Police & Criminal Evidence Act 1984 states when a caution must
be given:(ThisdoesapplytoquestioningofasuspectbyanSSO)
10.1 A person whom there are grounds to suspect of an offence, must be cautioned
before any questions about an offence, or further questions if the answers provide
the grounds for suspicion, are put to them if either the suspects answers or silence,
(i.e. failure or refusal to answer or answer satisfactorily) may be given in evidence to
a court in a prosecution.
A person need not be cautioned if questions are for other necessary purposes, e.g.:
(a) solely to establish their identity or ownership of any vehicle;
(b) to obtain information in accordance with any relevant statutory
requirement;
(c) in furtherance of the proper and effective conduct of a search;
(d) to seek verification of a written record of anything previously said by the
person.
(e) when examining a person in accordance with the Terrorism Act 2000.
Continued
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10.2 Whenever a person not under arrest is initially cautioned, or reminded they are
under caution, that person must at the same time be told they are not under arrest
and are free to leave if they want to.
10.3 A person who is arrested, or further arrested, must be informed at the time, or
as soon as practicable thereafter, that they are under arrest and the grounds for their
arrest.
10.4 A person who is arrested, or further arrested, must also be cautioned unless:
(a) it is impracticable to do so by reason of their condition or behaviour at the
time;
(b) they have already been cautioned immediately prior to arrest.
Termsofthecaution
10.5 The caution which must be given on:
(a) arrest;
(b) all other occasions before a person is charged or informed they may be
prosecuted, should be in the following terms:
You do not have to say anything. But it may harm your defence if you do not
mention when questioned something which you later rely on in Court. Anything you
do say may be given in evidence.
10.7 Minor deviations from the words of any caution given in accordance with this
Code do not constitute a breach of this Code, provided the sense of the relevant
caution is preserved.
STOP
There are no specific powers to stop a person and question them. This is obviously
something an SSO does regularly and so he will need to use tact and diplomacy to
get the person to comply.
With regards to Restricted Areas on a ship there are relevant powers within:The Ship and Port Facility (Security) Regulations 2004:
Part 4 refers to Unauthorised presence in a restricted area of a ship
and 10 (4) states;- A constable, or the master or the ship security officer, or a
person acting on behalf of the master or the ship security officer, may use such force
as is reasonable in the circumstances to remove from a restricted area a person
remaining in it in contravention of paragraph (1)(b).
Continued
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Detain
There are 2 options open to an SSO. There is no recommendation on which power
to use.
1.MerchantShippingAct1995 - S. 105 Masters Power of Arrest.

The master of any United Kingdom ship may cause any person on board the ship to
be put under restraint if and for so long as it appears to him necessary or expedient
in the interest of safety or for the preservation of good order or discipline on board
the ship.
2.Police&CriminalEvidenceAct1984PowertoMakeaCitizensArrest
Section 24A of the Police and Criminal Evidence Act 1984 provides the power of
arrest for persons other than constables and designated persons (e.g. members of
the public).
24A(1) A person other than a constable may arrest without a warrant (a) anyone who is in the act of committing an indictable offence;
(b) anyone whom he has reasonable grounds for suspecting to be committing
an indictable offence.
24A(2) Where an indictable offence has been committed, a person other than a
constable may arrest without a warrant (a) anyone who is guilty of the offence
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
24A(3) But the power of summary arrest conferred by subsection (1) or (2) is
exercisable only if (a) the person making the arrest has reasonable grounds for believing that for
any of the reasons mentioned in subsection (4) it is necessary to arrest the
person in question; and
(b) it appears to the person making the arrest that it is not reasonably
practicable for a constable to make it instead.
24A(4) The reasons are to prevent the person in question (a) causing physical injury to himself or any other person;
(b) suffering physical injury;
(c) causing loss of or damage to property; or
(d) making off before a constable can assume responsibility for him.
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5InitialInvestigation
The initial actions taken immediately following the report of a crime are crucial, and
this is known as The Golden Hour Principle
The Golden Hour Principle
Police often use the term the Golden Hour to describe the principle that effective
early action can result in securing significant material that would otherwise be lost to
the investigation. Where the police are informed of an incident shortly after it has
occurred, offenders may still be in the area. Locating them can provide forensic
opportunities that could otherwise be lost, the testimony of witnesses can also be
obtained while the offence is still fresh in their mind, CCTV images and other data
can be collected before it is deleted and action can be taken to secure scenes before
they become contaminated. Even where the incident happened some time before
Security are alerted, effective early action can often lead to the recovery of material
which enables the investigation to make rapid progress. The importance of
immediately following up on obvious lines of enquiry cannot be overemphasised.
Fast-Track Menu
Crime Scene Assessment
Preservation of Crime scene(s)
Offender Enquiries
Victim/Witness Enquiries
Photograph scene(s)
Forensic Recovery
Victim/Witness Interviews
Reporting
Statements
All of the above should be considered at the initial stages of the investigation.
On a more practical level the following is a good guide: Separate parties as soon as possible and prior to questioning if
possible. If a criminal suspect is identified, detain and separate from all
parties and remove from scene
Establish initial facts of what has happened by questioning all potential
witnesses and parties regarding their observations and actions
Ensure potential suspects and victims are kept separate to prevent
cross contamination of evidence
Record initial information and date/time in notebook
Continued
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Determine the severity and nature of the incident

If it appears a crime has occurred, identify and protect the crime scene
Inform Senior Management
Establish potential access and departure points to the crime scene and
either search or preserve for later searching
Identify and locate any additional parties involved
FastTrackInterviews
There may be occasions when it is necessary to conduct a fast track interview with a
witness who possesses material which is likely to rapidly progress the investigation
and can result in:
The early identification or arrest of a suspect;
The recovery of material connected with the offence;
Preventing the imminent disposal or destruction of material connected
with the investigation;
Preventing the commission of other offences.
In these circumstances the investigator has to consider the immediate needs of the
witness who may require medical attention or the presence of a suitable adult.
Common sense has to be applied and the interview should be limited to obtaining
sufficient information to immediately progress the enquiry. The circumstances
surrounding the fast track interview should be recorded and permission obtained
from medical staff if the witness is receiving non-urgent attention.
All investigators should be aware of the anxiety and misapprehension that witnesses
may feel when they are exposed to the process of criminal investigation. For many,
this will be the only time in their lives that they have been a victim or witness and
they may not understand how the process works. They will require reassurance and
information throughout the process.
Investigators, whether tasked with a volume crime or major investigation, must
always recognise the individual needs and concerns of witnesses.
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6Notebooks
Why do we make notes? - There can be only one answer, so we don't forget what
happened!!
GeneralGuidanceforSecurityStaff
As a Security team member you will be required to make notes to assist you with
your duties. You should pay particular attention to accuracy and detail. Notes made
at the time are whats commonly described as contemporaneous notes and will be of
great benefit to you if you are later called upon to account for your actions or to
provide some type of formal statement. Although this process is often inconvenient
and time consuming, it can be of significant importance at a later time.
Relevant evidence is evidence that could rationally affect (directly or indirectly) a fact
in issue and evidence that is not considered relevant is inadmissible. Ultimately,
whether evidence is accepted as relevant depends on the court, and this should be
taken into consideration when making entries relating to an incident, illegal
occurrence or serious crimes. Conversation that may appear irrelevant at the time of
the investigation may be raised, often years later. It is in every officer's best interest
to, at the very least; make reference to such conversations in their note books or by
utilising a digital recorder.
GeneraluseofNotebooks
Notebooks may be carried whilst on duty and are to be used for recording of
information pertaining to Serious Crime, Illegal Occurrences or Incidents you may
attend during the course of your duties. Notebooks will be maintained by the SSO
and issued as necessary.
OfficialNotebooks
These will normally be issued by the SSO to Security staff. This person will write
his/her name, title and date issued on the inside cover. The Security Officer will
retain this note book until it has been completed or the Security staff member
transfers, takes annual leave or contract terminated.
Upon completion, the note book will be returned to the SSO who will endorse his/her
records indicating the notebook has been completed and returned for filing. The
notebook should then be securely filed onboard for future reference. Under no
circumstances should these notebooks be retained by individual Security members
after completion. It is good practice for the SSO to ensure compliance by
occasionally checking Security Staff Official Notebooks. At this time the SSO will
initial, time / date when the checks have been performed.
The writing should be neat and legible and done using a pen. For each entry the time
and date should be shown. Do not write over an entry or tear out a page. Simply
place a line through the entry, initial it and start again. Never use correction fluid or a
similar product. Maintain your notebook in a secure place and unless under the
direction or instruction of a senior officer never handover your note book to another
person.
Continued
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When making notes be mindful to ensure at some stage of your entry (depending on
the circumstances involved) you clearly indicate the name of the person you are
dealing with, their date of birth, cabin number, home address, home or mobile
telephone number, e-mail address, type of clothing worn, and any relevant
information YOU consider important.
This may be injuries you have observed, their state of intoxication, aggressive
attitude, making of threats to others, making threats of self harm, e.g. threatening to
jump over the side, etc.
Be mindful that these notes could later be used in Court proceedings (Criminal/ Civil)
your notes could be called for by Prosecution or Defence legal teams. Your notes
may be utilised by the Captain or Staff Captain when deciding disciplinary matters.
If they have made any admissions of guilt to you, you should read back your written
note of the version to the person making it. Then you should ask this person if they
are prepared to sign your notebook as a true record of what they have said. Do not
be concerned if they reject your offer, but do include in your notes the offer was
made for them to read and sign and the fact this offer was refused. If this is done in
the presence of another Security person, have this person sign your notes.
When recording events or personal details of individuals, ensure that entries are not
frivolous. Always try to verify the accuracy of information received.
Notebook entries therefore should be made in respect to:
Significant events
Any Serious Crime, Illegal Occurrence or Incident where your intervention is required
The detention of any person including all conversation that was not recorded electronically.
Include the demeanour, clothing and sobriety of the person; particulars of any offence where
action will be taken
Crime scenes, including a log kept of all persons allowed entry into a crime scene.
Recording of exhibits
Sudden Deaths
Details of missing persons and other matters of special interest
Domestic situations where no offence has been committed
Information which has come to your attention during the course of your duties, where such an
event or information cannot immediately be acted upon
Any matter that may be of a contentious nature
Any matter where you feel you may need to substantiate your actions
The searching of any person, the reasons for the search and property found upon them;
Any matter that may involve you or the company in legal proceedings
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7ElectronicRecordingDevices
It is in every officer's best interest to record important and evidential conversations in
their note books or by utilising a digital recorder.
GeneraluseofElectronicRecordingDevices
Electronic Recording Devices may be carried whilst on duty and are to be used for
recording of information pertaining to Serious Crime, Illegal Occurrences or Incidents
you may attend during the course of your duties.
This equipment is expensive and every effort should be made to ensure its correct
use.
The Security Staff member must be fully trained to use the equipment and will take
full responsibility for its safe keeping.
Any product recorded that may be evidential should be retained and stored in a
secure format so that it can be played back later if required. There are a number of
ways that this can be done: - if on tape then the tape cassette can be removed and
sealed in an evidence bag, if digitally recorded it can be retained on the device, it
can be downloaded onto a computer or it can be downloaded and burnt onto a disc.
The advantage of the later is that the disc can be sealed in an evidence bag and
retained securely. A working copy disc should be made at the same time; this should
be used for the preparation of any notes, reports or transcripts and does not need to
be sealed evidentially. It should however be securely stored to prevent it being
played by any unauthorised person. Once you are satisfied that a true copy has
been burnt onto the disc there is no need to retain the original download. A short
statement can be made by the person doing the download, stating what they have
done and producing the disc as an exhibit.
RecordingPassengersorCrew
It must be clearly understood that the taping of a conversation between security staff
and others can only be undertaken with the express consent of all parties.
At the first point of contact, turn on the digital recorder. Include sufficient detail
appropriate to identify the situation, whether it is serious crime, illegal occurrence or
incident, time, date and name. Approach the person you are going to engage in
conversation and explain that the conversation is about to be recorded, e.g.
Good morning / afternoon / evening, my name is ____________ I am attached to
the Security team employed on-board this ship. Before I explain to you the reason I
am speaking to you, I want you to fully understand that I am recording our
conversation, do you have any objections?
If the other party objects for any reason the digital recorder must be immediately
turned off and continue with your normal conversation. If you deem it appropriate,
make notes in your notebook regarding this conversation as per the above direction.
If the person has no objection to this conversation being recorded, continue as you
would normally speak. Dont be frightened to ask questions or to be inquisitive.
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8WitnessStatements
To get a printable Witness Statement click here.
( For Statements in Australian jurisdiction click on the links here for
New South Wales and Queensland )
One method commonly used to structure statements is The 5 Stage Statement Plan
click here for details
Statements should be written in plain English. They should be accurate, truthful,
legible and written in ink. It is usually best practice to detail the events that occurred
in chronological order.
At the start of any statement the witness should say who they are and their position
e.g. crew member, passenger etc. They can say that they live in Bristol, England but
should not give their full address details in the body of the statement. They can then
say This statement is about a fight I saw on Friday night in the Pacific Lounge. I will
be mentioning two people in particular; a friend of mine called Sarah GREEN and
another passenger who I know as Bill SMITH.
Avoid nautical jargon wherever possible. Remember that the statement you are
taking could end up in front of the civil authorities; e.g. Police, Crown Prosecution
Service, Magistrate, Crown Court, Inquest Jury, Industrial Tribunal, etc. If there is a
need to refer to nautical terminology, then clarify it in layman's terms in brackets
immediately after the use of the word; e.g., I saw him fall back and hit his head on
the deadlight (heavy metal casing covering the Porthole), or He slipped and fell out
of the open port Gunport door on Deck 3 forward (door opening on the left side of
the ship where stores are loaded on Deck 3 at the front of the ship).
As far as possible avoid abbreviations; e.g. SECO and SEPM. Always use the full
title. If it is clear from the outset that a particular person is to be referred to over and
over again, it is acceptable for the full title to be used once, followed by the
abbreviation in brackets; e.g. I saw Deputy Assistant Purser Accommodation (DP
Accom) David BROWN leave the Crew Bar at 0300 on Friday 1st January 1999.
Future references could then be made to DAP Accom David BROWN. It is of
course much more straight forward once David Brown has been fully identified by
rank position and name, to simply refer to him by name only. It is good practice to
use BLOCK capitals for surnames / family names.
Where common surnames of crew members are involved there is a need to be very
specific on identification. In these circumstances the Employee Number should be
included; i.e., Night Utility Steward Antonio Fernandes Employee No. 12345. Future
references could then be made to 12345 A. Fernandes thus avoiding any confusion
with other persons of that surname / family name.
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All pages must be signed at the bottom and where the writer has made cross outs or
mistakes the person should initial each mistake in the margin at the side of the page.
The declaration on the front page should be read by the witness before the
commencement of the statement. Each page should be witnessed, normally by the
person recording it, however, in the case of a juvenile (16 years * or under), by a
parent, guardian or in their absence another independent and responsible adult, e.g.
a passenger or crew member (preferably an officer) who is not in anyway
whatsoever connected or associated with the investigation.
* In criminal law, a person becomes an adult at the age of 17 years in the UK, 18 years in Australia &
US (except in US re alcohol laws the age is 21 years)
If the person making the statement cannot read, it must be read to him before he
signs it. The person reading the statement should then write a declaration at the foot
of the statement, saying that he read the statement to the witness and sign it. The
statement should then be signed by the person making it. If the witness does not
speak or understand English very well, engage the assistance of a crew member
who can explain the process, act as an intermediary, read the subsequent statement
to the witness and endorse as above.
If the witness cannot speak English at all then an interpreter should be used. The
best way for this to be done is that the Security Officer asks the questions and
obtains the account which the Interpreter writes down in the foreign language. The
witness then reads and signs the foreign language copy. The interpreter then writes
a statement in English stating that on date and time they acted as an interpreter and
wrote a statement in whatever language for the witness. They then write an English
translation of the statement which they produce as an exhibit in their statement.
When taking statements it is important to record as much detail as the witness can
remember plus known facts, i.e. day, date, time, location / venue. The time of the
incident may be crucial and if the witness is specific on time, establish by what
measure they can be certain e.g. they had looked at their watch, had just come out
of the Theatre, etc. If the witness cannot be specific on time, try to take them back in
time as to what they were doing before the occurrence, e.g. they may have just
come out of second sitting dinner. If an incident, or the circumstances leading up to it
had occurred in one of the bars, ask the witness if they had bought any drinks prior
to the event. If so, a more accurate timing of the incident may be achieved and this
can be verified by using the time printed on the bar receipt. Such a receipt would
need to be referred to by the witness in his statement and the receipt produced as an
exhibit. The exhibit would have the identification reference of the witness, not the
statement taker or investigator. For example, if the witness is John JONES and the
incident occurred in the Pacific Lounge his statement could include:
I left the restaurant after second sitting and went for a drink in the Pacific
Lounge arriving at about 2215. I sat at the bar and ordered a gin and tonic
and signed for the drink having produced my Cruise Card to the barman. I had
only been in the bar for about ten minutes when I saw __________ I can be
fairly accurate on the timing because the time printed on my drink receipt is
2223. I produce this receipt under Identification Reference JJ / 1
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Take possession of the receipt and attach an exhibit label ensuring to put the
Identification Reference or Exhibit number thereon and get the person producing to
sign the label.
The key to effective statement taking is to elicit as much detail as possible, i.e. when
obtaining the description of a suspect include age, height, build, skin / hair colour,
spectacles, facial hair, type and colour of clothing, etc.
There is a requirement in UK law to record and retain the details of the first
description given by a witness. If this has been written down by them or any other
person (e.g., when reported to the Pursers Desk), then this document becomes an
exhibit of that witness.
In cases of assault it is of particular importance to note whether a person was seen
carrying a weapon, was cut or bruised or the clothing torn or stained in any way.
Efforts should be made to obtain statements that corroborate what another witness
has stated. This will strengthen the investigation by building up a more complete
picture of events. There is value, particularly in connection with events involving a
number of people, to get the witness to describe himself and the clothing he was
wearing. Photographs of the witnesses in the clothing they were wearing at the time
can be very useful. Remember that it can be important to ascertain details of what
events led up to the main incident and what happened afterwards.
InterviewingWitnesses
Be inquisitive, but courteous, polite but firm. Do not ask closed questions, i.e. those
that will prompt a yes or no, but ask open questions that require an explanation. One
way to practise this is to remember the 5 W H method:
WHO, WHERE, WHEN, WHY, WHAT, and HOW.
Another helpful method is TED
T = Tell me
E = Explain to me
D = Describe
Ask one question at a time to ensure that each point is clear and understood. A
rambling question is likely to produce a rambling and muddled answer. Avoid any
leading or suggestive questions or the witness may tell you what he thinks you want
to hear. The following give examples of the wrong and right way to ask a witness
questions:
Wrong
Right
I understand that Sarah GREEN was with you

Who else was with you?
Wrong
Right
Is it right that you were standing at the bar when the assault took place
Where exactly were you at the time the assault took place?
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Wrong
Right
Is it right you last spoke to Bill SMITH at lunch time yesterday

When was the last time you spoke to Bill SMITH prior to the assault?
Wrong
Right
I understand that there has been some ill feeling between you and Bill
SMITH
Why did Bill SMITH assault you, can you give any reason?
Wrong
Right
Was Bill SMITH wearing a green sweater

Describe what clothing Bill SMITH was wearing when he assaulted you?
Wrong At the time of the assault you must have been very frightened
Right Can you explain how you felt after the assault?
Having established, rather than suggested, the facts, the statement can be written in
straight forward terms and giving a much more detailed account than would have
been obtained by asking the leading questions as marked wrong above.
ExampleStatement
On Monday 8th October 2008 at about 8 pm I was with Sarah GREEN
standing at the bar in the Ocean Lounge when a man I know to be Bill SMITH
came up to us. Bill and I had had an argument earlier that day, just after
lunch, because he believed Sarah was going out with him that night. When I
told him that I had a date with Sarah, he got really angry, threatened to get me
and stormed off. When he came into the bar at about 8 pm that night he
walked up to me and said You bastard He then head butted me in the face
without any warning.
I was completely shocked and stunned by this unprovoked attack which has
left me with a broken nose, a cut under my right eye and severe bruising to
the right side of my face. In fact two days later I still feel rather shaky and
extremely apprehensive about meeting Bill SMITH again. At the time of the
assault Bill SMITH was wearing a dark green sweater and I believe blue
jeans.
Time taken over a statement will assist the investigation and show the witness that
the matter is being taken seriously. Thoroughness and attention to detail will assist
the investigator to build up a clear picture of the incident and the person believed to
be responsible, or most importantly help eliminate anyone wrongly accused.
If a statement is being taken from a person with professional qualifications, e.g.
Ship's Doctor, Chief Engineer etc then detail the qualifications and experience of the
individual at the beginning of the statement.
Remember, given the dos and donts above, it is better to include as much detail as
possible. Material not considered relevant can be edited out later by the Crown
Prosecution Service.
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Identification
When dealing with identification issues the guidelines set out in the case of
R v Turnbull should be followed and these details should be included in the
statement.
HearsayEvidence:
Hearsay evidence is evidence of what a witness has heard another person say. It is
generally inadmissible, but there are exceptions that include:
(a)
statements (comments) made by the accused
(b)
statements (comments) made by another in the presence and hearing of the
accused.
An example of hearsay evidence would be, given the incident detailed in the
statement above, any conversation between the victim of the assault and Sarah
GREEN that took place outside the presence and hearing of Bill SMITH. If Bill
SMITH had been present and in earshot and Sarah GREEN had said to the barman
Call Security, this man has threatened my boyfriend earlier today - then this would
be admissible.
If in doubt, put it in the statement, it can always be edited out afterwards. Hearsay
evidence although (subject to the above) inadmissible, can assist the decision maker
to gain an insight into the full circumstances of the incident.
StatementsfromMedicalPractitioners
In the case of Doctors you need to establish their credentials. For Court purposes
their occupation is 'Legally Qualified Medical Practitioner' and you need to establish
their qualification. It is suggested the statement be worded in similar terms as
described below.
I am the Ships Doctor on board the Cruise Ship Whatever.
My professional qualifications are Doctor of Medicine (MD) from the Russian
State Medical University, Moscow which I obtained in 2000 and (Aip) in
General and Orthopaedic and Trauma Surgery from Ruhr University Hospital
Bergmannsheil Bochum and also from the Evangelistic Hospital Dienslaken
(Heinreich-Heine University) of Dusseldorf Germany.
My professional experience includes 3 years in Orthopaedic and Trauma
Surgery at the Ruhr University Hospital, Bergmannsheil, Bochum in Germany
and one year in General and vascular surgery at the Evangelistic Hospital,
Dienslaken, (Heinreich-Heine University), Dusseldorf, Germany.
I also have experience as a Forensic Medical Examiner with the
Nottinghamshire and the Devon and Cornwall Constabularies in the UK,
where my responsibilities included the examination of detainees as well as
victims of sexual and general assault.
On the morning of Friday the 26th October 2007, I examined .................
The use of medical terminology should be avoided as much as possible, but if they
are included then an explanation should be included such as the patient suffered an
acute myocardial infarction (heart attack).
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ExamplesofWitnessstatements
The following are examples of well taken witness statements. They can be used as a
guide when taking statements from other persons.
Example 1
The statement of a bar steward about a drunken passenger causing criminal damage
Example 2
The statement of the mother of a young girl who has been indecently assaulted
Example 3
The statement of the young girl who has been indecently assaulted
Example 4
The statement of the manager of a shop on board regarding an incident of
shoplifting
___________________________________________________________
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EXAMPLE 1
WITNESS STATEMENT
Statement of
Stuart Duncan
(Mr.Mrs.Miss/Ms/Other title)
(forenames)
(family/surname)
Age 28
Date of Birth 4/7/80
McKENZIE
Occupation Senior Bar Steward
Passenger/Crew / Other (circle designation)

(If Crew) Employee No - 56324
Ship
Oriana
Cabin No A 48
This statement (consisting of....2.....pages each signed by me) is true to the best of
my knowledge and belief and I make it knowing that, if it is tendered in evidence, I
shall be liable to prosecution if I have wilfully stated in it anything which I know to
be false or do not believe to be true.
Dated the.............day of.........2008.
Signed....................................
___________________________________________________________
My name is Stuart Duncan McKENZIE and I am a senior bar steward in the Horizon
Lounge on board the P & 0 Cruise Ship Arcadia. I have been employed on bar
duties by P & O for almost 4 years and prior to that I was the manager of a Public
House for just over two years. I therefore believe I am well qualified to recognise a
person who is the worse for wear for drink and handle most situations which are
drink related.
On Sunday 31st July 2008, I was on duty in the Horizon Lounge from 20.00 hours.
On this particular day, Arcadia visited Tenerife in the Canary Islands and did not set
sail until midnight.
The Horizon Lounge was very busy on this evening and a number of people were
dancing to the music of the band.
Approximately 10 - 15 minutes after disembarkation from Tenerife, a group of 4
males in their mid to late 20s entered the Horizon Lounge and approached the bar.
I had seen these men in the Horizon Lounge on other evenings during the course of
this cruise. However, on this particular evening they were particularly loud and
using a lot of foul language. Despite the lateness of the hour there were still a
number of children, particularly teenagers in the lounge at this time.
The tallest of the group, a man with very light blond hair approached the bar and in
a very loud voice shouted `oi you give us 4 large whiskeys.
Continued
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I went over to him and asked if he and his friends could keep their voices down.
With that, this particular male said `dont give me that bollocks; just give us a
fucking drink. I said to him `Im sorry but if you continue in that way I will have to
ask you to leave. With that one of his friends also became abusive and started
swearing. At this point the tall male with the blond hair picked up an ashtray and
threw it against the mirror at the back of the bar causing it to shatter. With that he
and the other three walked out of the bar on the port side and continued to shout
abuse and use foul and obscene language. I rang the Night Manager and reported
the incident.
I do not personally know the identity of this group and the tall blond man in
particular. However, they have as a group regularly attended the Horizon Lounge so
one of the waiters or waitresses may well recall a name.
The damage to the mirror behind the bar is considerable and will need a complete
replacement. I am not personally able to put a value on its replacement.
I can only clearly describe the main antagonist in this group and this is the person
who threw the ashtray at the mirror. I would describe him as being aged about 28 30 years approximately 6ft - 6ft 2ins tall with wavy blond hair which may have been
bleached. He had a very tanned complexion and was clean shaven. At the time of
the incident he was wearing a bright flowery patterned shirt which was
predominantly orange in colour. I am unable to describe the remainder of his
clothing or that of any of the other men.
The damaged mirror is the property of P & 0 Cruises (U.K.) Limited and no person
has any authority to damage this property. I am certain that the damage was
caused deliberately and in no way could be considered to be an accident.
Signature.................................
Signature witnessed by.......................

Security Officer
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EXAMPLE 2
WITNESS STATEMENT
Statement of.
MRS.
Mr.Mrs.Miss/Ms/Other title)
(family/surname)
Alison Louise
Age
14/05/60
39
Date of Birth
JONES
(forenames)
Occupation
Secretary

(If Crew) Employee No N/A
Ship
MV Oriana
Cabin No
F 181
Dated the.....26th........day of...October.....2008.
Signed...A L JONES...
___________________________________________________________
My name is Alison Louise JONES and I live at the address overleaf with my husband
David and Karen Anne JONES, our natural daughter by birth.
Karen was born on 10th August l996 at Bournemouth, Dorset and I produce her
British Passport number A1234567 issued at the United Kingdom Passport Agency on
25th July l998. This passport shows Karens date of birth to be 10th August l996. I
now produce her passport as my exhibit, identification reference ALJ/1). Karens
birth certificate is at our home and I can produce this later if considered necessary.
My husband David, Karen and myself are currently on a cruise on board the P & O
ship Oriana (cruise number 992) We left Southampton on Thursday 21st October
2008 and are due to return to Southampton on board the ship on Friday 5th
November.
On Tuesday 26th October, at about 1600 hours, David, Karen and I went to the
Crystal Pool on the Lido Deck. Karen was going to join her friend Sarah after she
had had a swim. They were then going to have a pizza with Sarahs parents at the
Al Fresco Pizzeria.
Continued
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Karen went for her swim in the Crystal Pool whilst David and I sunbathed. About
half an hour to 40 minutes later, Karen said she was going back to the cabin to
change ready to meet Sarah. At this time Karen was wearing her two piece bikini
swimming costume which was pink in colour. She tied a white bath towel around
her waist and told us she was going off to change.
Given that she is a mature and sensible child, I was quite happy for her to return to
the cabin on her own as she was quite familiar with the layout of the ship. We had
also cruised on board Oriana at the same time last year.
About 10 - 15 minutes after Karen left she came running back to us and she was
shaking and crying hysterically. It took some moments for David and I to calm her
down and she then blurted out that she had been touched by a man in the lift. I
immediately took Karen back to our cabin and David went to reception to report the
incident.
Karen is a very sensible and responsible child and I am convinced that she is telling
the truth. She was very obviously distraught when she came up to us at the Crystal
Pool. Karen is quite well developed for her age and could pass for a l4 year old, but
she is still obviously a child.
Karen has described the man who touched her as being about the same age as her
Grandad PETERS who is my father and aged 64 years.
I am disgusted by the actions of this man as described by Karen and I want the
Police informed of this incident when we get back to Southampton. I am prepared
to allow Karen to give evidence in court if this proves necessary.
Signature
... .. Alison L Jones
Security Officer
Signature witnessed by..J..SOAP ...
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EXAMPLE 3
WITNESS STATEMENT
Statement of
Miss
(Mr.Mrs.Miss/Ms/Other
(Family/surname)
Age 12 yrs.
pupil
Karen Anne
title)
Date of Birth 10/08/87
JONES
(Forenames)
Occupation School

(If Crew) Employee No
Ship
Oriana
Cabin No
F181
Dated the....26th.........day of...October .....2008.....
Signed....Karen A.. JONES.
___________________________________________________________
My name is Karen Anne JONES and I am 12 years of age. I was born on 10th
August l996 at Bournemouth Dorset. I live with my parents David and Alison JONES
at the address overleaf.
I am currently on a cruising holiday with my parents on board the P & 0 ship Oriana
(cruise number 992). We are in cabin F181.
At about l600 yesterday, Tuesday 26th October 2008, I went with my parents to the
swimming pool on one of the upper decks.
I have been shown a plan of the ship and I have marked on it the Crystal Pool on
Lido Deck, I now produce this plan as my exhibit, identification reference KAJ/1).
After I had been swimming for about half an hour I told my parents that I wanted to
go back to the cabin to change as I was going to meet my friend Sarah and her
parents for a pizza in the Al Fresco Pizzeria at 1700.
At the time I left the swimming pool to return to our cabin, I was wearing just a pink
bikini and had a white towel tied around my waist.
Continued
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After I left the pool and my parents, I went down the centre staircase adjacent to
the pool and down the stairs to A Deck where I called the lift. When the lift arrived I
got in and pressed the button for F Deck. At this time I was the only person in the
lift.
The lift stopped on another deck, I am not sure which one, but I think it was either
C or D deck. A man got into the lift with me. There was just the two of us in the lift
and when the doors closed he said hello, had a good swim then to which I replied
yes thank you. The man then said youre a pretty young girl, how old are you and
at this point he reached out and stroked my hair. This made me feel very
uncomfortable and I moved away from him and towards the lift doors. As I did so,
he reached out and touched my left breast saying how old are you, I think you are
a big girl for your age.
I shouted get off and started to cry. Just then the lift stopped at our deck (F) and
as the door was opened I ran to our cabin and opened the door with the key card
and then slammed it behind me. I was very frightened that the man would follow
me, but I did not see where he went.
After a couple of minutes I picked up the courage to look out of the door and could
not see the man anywhere in the vicinity and ran to the stairs and then all the way
up to Lido Deck and the crystal pool where I told my parents what had happened. I
was really upset and was crying all the time. My mum took me straight down to our
cabin and my dad went to report what happened to reception.
I was not hurt by this man but felt very upset and frightened, particularly when he
touched my breast. He was awful; I remember I could smell some sort of alcoholic
drink on his breath, something like beer.
I would describe this man as being about the same age as my grand-dad PETERS,
thats my mums dad. I am nearly 5ft tall and the man was a lot taller than me. I
remember he had brown wavy hair and was wearing sunglasses. I dont think he
had a beard or moustache. He was wearing a bright green shirt and dark coloured
shorts. I did not notice what kind of shoes he was wearing.
I have not seen this man before but I would think I would recognise him again if I
saw him.
I definitely did not let or encourage this man to touch me. I was very frightened
and upset by the way he spoke and touched me. I am certain his touching was
deliberate.
I understand the difference between truth and lies. What I have said in this
statement is the truth.
Signature. Karen...A...JONES.... Signature witnessed by...A..L...JONES...(Mother)
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EXAMPLE 4
WITNESS STATEMENT
Statement of Mr.
(Mr.Mrs.Miss/Ms/Other
(Family/surname)
John
title)
Age 33 yrs. Date of Birth 01/07/66

Shop Manager
SMITH
(forenames)
Occupation
Concession

(If Crew) Employee No 812345
Ship
Victoria
Cabin No
D28
Dated the...25th ......day of...May .....2008....
Signed.......J....SMITH
___________________________________________________________
I am employed by Nuance Global Traders Limited 84, Southampton Road Eastleigh
Hampshire and work as the Shop Manager for Nuance in their concession, Princess
Boutique onboard the P & O ship MV Victoria. I have been so employed for the past
two years.
On Tuesday 25th May, 2008 I was on duty in the shop, when at about 2030, one of
my assistants, Sheila WILLIAMS informed me that she was unhappy about the
behaviour of a particular customer who had been hanging around the perfume
section of the shop for some considerable time.
I asked Sheila to point out the customer to me and she indicated a female who I
would describe as aged 45 - 50 years, approximately 5 ft 4 ins tall, slender build with
fair to blond hair. The female was wearing a sleeveless black cocktail dress and
holding a black evening clutch bag.
As a result of what Sheila told me I kept the female under observation from a
position at the back of the shop just behind the till adjacent to where medications
are on display. I have drawn a sketch plan showing the layout of the shop which I
now produce as my exhibit, identification reference JS/1).
Continued
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I had been keeping the above described female under observation for approximately
10 minutes during which time I saw her pick up several perfume testers and either
sniff the bottle or spray the perfume testers on her hand. I then saw this female
pick up a boxed perfume product from the Cerruti display and move away from the
area. I momentarily lost sight of the female behind a pillar but then saw her holding
the Cerruti box in her right hand down by her side. She was holding her clutch bag
in her left hand. She then appeared to look at a number of other products at
various gift display counters and at one point I saw her crouch down by the
confectionery display counter (see sketch). She was out of my view for about 20
seconds and when she reappeared I could see the clutch bag but not the boxed
perfume. I noticed that her clutch bag was a lot more bulky then I remembered
seeing it initially.
I continued to watch this female for several more minutes until she suddenly left the
boutique without making any purchase. I looked at my watch and the time was
2039.
Keeping the female in view I informed Sheila that I intended to follow this person
away from the shop and asked her to check the confectionery gift display and other
areas in case the perfume had been left behind by the women.
(Note: What John Smith said to Sheila Williams on this occasion and when Sheila
informed John of her suspicions, are both hearsay - see pages 9 & 10, as it was
said out of the presence and hearing of the suspect. Never the less, to the reader of
the statement, it gives a clear indication of the sequence of events and can be
subsequently edited for court use if this course of action is taken).
I followed the female in question away from the boutique through the International
Lounge and down the stairs to A deck. She then walked down the starboard
corridor and stopped outside cabin A63. As she opened her bag, presumably to
remove her cabin key, I noticed an area of red within the bag. Before she could
open the door I approached her and said excuse me madam, I am John SMITH the
Manager of the Princess Boutique. I have reason to believe that you may have
removed an item of perfume from the shop and left without paying for it. I would
like you to come back to the shop with me. She replied That's ridiculous; I dont
know what you are talking about. I again asked her to walk back to the shop with
me which she somewhat reluctantly agreed to do. As I entered the shop I called
Sheila over to me and took the female into my office at the back of the shop. In the
presence of Sheila I said to the female Please open your bag. She replied Do I
have to to which I said Its important that we clear this matter up. I have reason to
believe your bag contains an item of perfume that was on display and removed from
this shop without payment being made At this point the female opened her bag
and said Have the bloody thing back then. She took the item out of her bag and
banged it down on my desk. I recognised the item as a boxed Cerruti l881 eau de
toilette perfumed product which was still in its cellophane wrapping and the seal
intact. At this point I asked Sheila to call the Security Officer to my office.
Continued
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About 5 minutes later Security Officer JONES arrived at the shop office and in the
presence of the female explained what I had initially seen and the action I had
taken. The Security Officer then said to the female what do you have to say about
this and gave her some sort of formal warning, she replied ` there is not much I
can say is there. The Security Officer took possession of the Cerruti perfume which
I now produce as an exhibit, identification reference JS/2).
I can positively identify the Cerruti eau de toilette as coming from the Princess
Boutique on Victoria. As well as bearing our own price label for 34.95, the label
also bears the number 61.076.333 which is generated in the shop on board Victoria
as part of our stock control procedures. From the records in my possession I can
positively state that we have not sold one item of this particular product on this
cruise (number 940).
No person has any right to remove an item from the Princess Boutique without
making payment in full. Such payment is achieved by a passenger presenting their
cruise card and the purchase is charged to their personal on board account. Unless
officially purchased, all items in the shop remain the property of Nuance Global
Traders. This customer had no right to remove the perfume without authority or
payment.
Signed...J..SMITH..
Officer
Signature witnessed by....P...JONES.....Security
(Points to note: The offence made out in this scenario is one of theft or more commonly known as
shop lifting. The points that need to be proved are:
(a) Dishonesty - this is supported by the suspects actions and words.
(b) Appropriation - by taking this item from the shop the women assumed the rights of ownership
when she had no right to remove the item without making payment.
(c) The perfume product is without question an item of property
(d) Belonging to another - until purchased the item remains the property of the shop. There is no
question with regard to its origin given the price label and stock control reference.
(e) Intent to permanently deprive - by her actions and concealment, and by leaving the shop without
payment, then returning to her cabin she has displayed this intention.)
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[29]
9SuspectedPersonsStatements&Interviews
Generally suspects should not be interviewed at all without guidance being obtained
from the Company Security Department.
This is because any admissions they do make may be excluded later on at court if
the questioning was not carried out in the legally prescribed manner of the relevant
jurisdiction.
In the UK the relevant legislation is the Police and Criminal Evidence Act 1984.
The relevant Law Enforcement Agency will give early guidance on the method and
requirements relating to formal suspect interviews and statements.
In cases of serious crime, suspected persons should not be interviewed
until guidance has been received from the Company Security
Department, unless there is an urgent need to for the preservation of
life, the identity of others involved in the crime, the safety of the ship or
the essential recovery of property or evidence.
In all cases of serious crime such interviewing should be left to the appropriate shore
authorities who will join the ship at the earliest opportunity.
UKandAustralianJurisdictionInvestigations: If it is considered necessary to

conduct and interview, the detained person must be cautioned in the terms detailed
below before any interview is commenced. Failure to do so could render any
admission or statement void for use in any prosecution. The caution should be given
in the following terms:
You do not have to say anything. But it may harm your defence if you
do not mention when questioned, something which you later rely on in
court. Anything you do say may be given in evidence
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USJurisdictionInvestigation. The FBI (Long Beach Office) advises that identified

suspects are not given a Miranda warning (caution).
SignificantStatements
Any unsolicited comments or statements made by the suspect, which appear to be
capable of being used in evidence later, should be written down and the suspect
should be asked to read it over and sign underneath if he/she agrees it is correct.
Interviews
Any interview of a suspected person should be done, if practicable, on tape so that
everything said is recorded. The suspect should be given the opportunity, if
practicable, to have a lawyer present. If this is not practicable then they should be
given the option of having a friend or other person present. This person should not
be a witness in the investigation.
The PEACE model is the nationally accepted method of interviewing victims,
witnesses and suspects. PEACE stands for:
P Planning and Preparation;
E Engage and Explain;
A Account Clarification and Challenge;
C Closure;
E Evaluation.
The skills needed by investigators using the PEACE model are as follows.
Planning and preparation assembling the facts, knowledge of the location and
circumstances of the offence, knowledge of the interviewee if practical, being
methodical, legal knowledge and considering the timing, duration and location to
conduct the interview. Consideration should be given to the selection of the
Interviewer and timing of breaks
Establishing a rapport considering how to approach the interviewee, being aware
of their needs, culture and background, language, displaying flexibility,
approachability, not prejudging, avoiding being over officious and any personal bias.
Continued
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Listening skills developing the ability to listen actively, displaying empathy,

consideration and tolerance.
The use of silence to obtain further information, some interviewers want to fill
any silences with their own voice, this should be avoided and it is often the
case that if the interviewer does not speak then the interviewee will.
Questioning skills asking the right questions at the right time, use of
appropriate language and perseverance. The best questions are the 5 Ws &
H; who, what, when, where, why and how.
TED is also a useful tool;
T = Tell me, E = Explain, D = Describe
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[32]
10Exhibits
Evidence
In the UK and most other jurisdictions physical objects and documents can be used
in evidence. However this can only be done if certain rules are followed. The process
of allowing something to be used is called adducing or admitting it as evidence and
once admitted to evidence the object is referred to as an exhibit. The court needs to
be sure that the object in court is the actual object in question, i.e.; that the knife is
the one used to stab the victim. The provenance of each item needs to be known.
The court needs to know the following information:What is it a short description is usually sufficient e.g. a steel knife with a 6 blade
and black plastic handle.
Where was it found again a short entry normally suffices e.g. under the bed in
Cabin 453.
Who found it include the job title of the finder e.g. Ship Security Officer Phillip
James SMITH
When was it found include time and date e.g.; 1544 hrs on 21st January 2008
The court will also want the item to have been given a unique reference number.
This is often called the Exhibit Number, Exhibit Reference or Identification
Reference. The initials of the finder and a number are usually sufficient, so the knife,
the first item found by Phillip James Smith will be exhibit number PJS/1. During the
search of the offenders cabin SSO Phillip James Smith also found a mobile phone,
a photograph and a lump of cannabis. These will become the following exhibits:Black Nokia 3310 mobile phone, exhibit reference PJS/2; photograph of a woman on
beach, exhibit reference PJS/3; a lump of brown resinous substance, exhibit
reference PJS/4.
Note that the cannabis is not described as cannabis as until it has been analysed
you cannot be certain what it is. This is especially true of controlled drugs such as
heroin or cocaine which should be described as brown or white powder.
Continued
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[33]
An Exhibit Label should also be completed and securely attached to the item. This
label should show the above information and should be signed by the finder and all
who subsequently handle the item.
RecoveryofExhibits
When recovering exhibits great care should be taken to preserve any forensic
evidence actually on them, such as blood, DNA or fingerprints.
For this reason all of the following should be borne in mind;They should be photographed in situ
They should be recovered using gloves
They should be immediately placed in an exhibit bag
The gloves used should also be placed in a bag
The bags should be sealed up
Refer to Section 12.3 for further detailed information on the Packaging of Items
Recovered
Continuity
Who else has had possession of the item since it was found is especially important
as it shows that nothing has changed or affected the physical condition of the item?
In our case the knife was found by SSO P J Smith and he put it in a bag, sealed it
and kept it in his safe. At 1032 hrs on 27th January 2008 SSO Smith handed the
knife to Detective Sergeant Kevin Brown. This should be recorded by both persons
in their respective notebooks. The exhibit label should also show this handover and
both persons should ensure they have signed the label. There is a space on the
Exhibit Label for each subsequent hand over, so this will show that DS Brown took
the knife to the Forensic Laboratory where the bag was opened and the blood on the
blade was examined by scientist Barry Briggs. The bag was then resealed and was
then collected from the laboratory by DS Smith who kept it in a secure store at the
police station and then took it to court where SSO PJ Smith produces it as his exhibit
for the jury to see.
.
In another example SSO Dave Alan BENNET finds a rucksack which he produces as
his exhibit reference DAB/1. The bag is later opened by Detective Constable Richard
Steven MABEY and from it is taken a gun and some knife The gun then becomes
exhibit DAB/1/RSM/1 and the knife becomes exhibit DAB/1/RSM/2.
The process of recording who had possession of the item and who it was passed to
and what happened to it is known as continuity and great care should be taken to
ensure the chain of continuity is not broken.
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Loggist&ExhibitsOfficer
In a search it is best practice to have one or more person conducting the actual
search and one person who records the relevant information on a Exhibits Log and
takes possession of all of the items found. This person is known as the Loggist.
In an investigation with many exhibits it is best practice to have one person
managing all the exhibits. This person is known as the Exhibits Officer. The
management of the exhibits can be done using paper records or on a computer
utilising a spreadsheet.
Statement
In the eventual statement for a court all of the above should be included so it would
read:I am Phillip James SMITH and I am employed by Sunshine Cruises as the
Ship Security Officer on the Cruise Ship Whatever. At 1535 hrs on 21st
January 2008, following an incident in the Ocean Bar I went with my Deputy
SSO William EVANS to cabin 453. I used my pass key to enter the locked
cabin and at 1540 hrs I commenced a search of the room. At 1544 hrs I found
a steel knife with a 6 blade and black plastic handle under the bed. I now
produce this knife as my exhibit reference PJS/1. At 1545 hrs on the bedside
table I found a Black Nokia 3310 mobile phone which I now produce as my
exhibit reference PJS/2. At 1545 on the same table I found a photograph of a
woman on a beach which I now produce as my exhibit reference PJS/3. At
1548 hrs in the top drawer of the chest of drawers I found a lump of brown
resinous substance which I now produce as my exhibit reference PJS/4. I
handed all of these items to DSSO EVANS who sealed them in evidence
bags and completed the written Exhibit Log.
TOP
[35]
11SearchingofPersons
Under most jurisdictions a Ships Security Officer will have no power to conduct a
search of any person without their consent. However crew and passengers will
usually have given their implied consent under the terms and conditions of their
employment or passage.
It is always advisable to obtain the consent of the person prior to conducting a
search.
There are three sorts of search:1. A search of their bags or luggage.
2. A cursory outer search of their outer clothing.
3. A thorough search which involves the removal of outer clothing and a search of
their inner clothing.
When crew and passengers are embarking or disembarking it is standard procedure
to conduct searches under 1 or 2 shown above. There will normally be no problems
in conducting such searches.
Signs stating that searches will be conducted should be displayed at all gangways
and announcements should be made on the public address system at appropriate
times.
It is best practice that females are searched by females and males searched by
males. A third party should always be present to rebut any allegations of impropriety.
Searches under 3 above will only be conducted when there is a very good reason
and the action can be justified.
Persons who have been detained should always be searched thoroughly in this
manner.
The reasons for such a search are:a. To locate a weapon which they could use to harm others e.g. a knife or gun
b. To locate an item which they could use to harm themselves e.g. a razor blade
c. To locate a prohibited item e.g. controlled drugs or ammunition
d. To locate an item of evidence e.g. a stolen item
A person who has been detained must be searched even if they do not give their
consent.
A full strip search should only be carried out in the most extreme circumstances.
Generally the advice of senior management should be sought before such a search
is conducted.
TOP
[36]
SearchingofPlaces
Searches can be conducted to identify and locate the following:
Crime scenes;
Victims, witnesses or suspects;
Physical material weapons, stolen property, hidden property, documents, drugs;
Forensic material biological and chemical e.g. DNA, fingerprints, blood, semen, saliva,
hair,
firearms discharge residue,
Escape routes;
Hides, storage or deposit sites;
Electronic media stored within IT systems or telecommunications equipment;
Passive Data Sources such as CCTV video tape or other digital storage medium
Searches should be planned beforehand and enough personnel and time should be
made available for the search.
Searches vary tremendously depending on what is being searched and what is being
searched for. A search of a crew members cabin looking for a knife may only take
one person about 20 minutes but a search of the crew galley area looking for a knife
is a whole different proposition, what are you going to do about all the other knives
that are there?
Detailed records should be kept of all searches made so that they can be reviewed
later if necessary.
For large areas a grid method may be best but this will not be suitable for smaller
areas.
Consideration should be given on occasions to utilising sniffer dogs belonging to Law
Enforcement Agencies.
ProtectionofScenes
The purpose of protecting a scene is to maintain the integrity and provenance of any
material or objects which may be recovered from it. This simple and important action
will reduce the opportunities for the material to become contaminated or
inadvertently cross-contaminated.
TOP
[37]
CrimeSceneManagementStrategies
There are a number of methods that can be used to secure and manage crime
scenes. These include:
Using high visibility tape to prevent access to or from the scene;
Deploying Ship Security Staff to guard the scene (care should be taken to ensure that officers
do not cause cross-contamination);
Using large items as barriers to prevent entry;
Temporary fencing;
Ensuring that persons entering the scene are wearing suitable protective clothing to prevent
contamination of the scene and to ensure that they are protected from any hazards present;
Logging those who enter and leave the scene.
Deck/Corridor blocks to protect wider scenes;
Deck/Corridor diversions;
The SSO should seek advice from Head Office to determine the appropriate level and method
of protection required. This may include covering or lighting the scene and identifying and
protecting access routes to or from the scene.
Risks to the scene which have to be managed include:
Contamination of the scene by items being taken into or from the scene, or crosscontamination by transference between scenes;
Damage being caused to the scene or material by exposure to the elements;
Microbiological activity causing decay to material;
Animal disturbance;
The effect of time delay on certain material types.
Advice can be sought from the Company Security Department if in doubt.
The photographing of scenes and items in situ is of great importance.
You can never take too many photographs.
TOP
[38]
12PhysicalEvidence
CrimeSceneManagement
"The crime scene is the place from which most physical evidence associated
with a crime will be obtained. It provides an Investigating Officer with a
starting point, a beginning to determine the identities of suspects and victims
and to piece together circumstances of what happened during the crime.
Physical evidence found at the scene can be the key to the solution of any
crime. The first security officer or senior crew members most important task
at the scene is to prevent the destruction or the diminished utility of potential
evidence that may lead to apprehension of criminals and the solution of the
crime."
1CrimeSceneProtectionisCritical
To assist Crime Scene Investigators it is critical that issues associated with
suspected or actual crimes are managed in a structured and uniformed approach. It
is essential that all security staff is aware of their responsibilities in relation to crime
scene preservation.
In order to make a correct assessment of the scene security officers must;
Assess the scene
Protect the Scene
Communicate any actions/observations
At such scenes it is not unusual for a number of persons to attend and become
involved in the process, particularly if the matter is a serious crime or large incident.
Crime Scenes need to be controlled from the time security first attends the scene,
prior to the arrival of the Staff Captain or SECO who will take over the charge of the
crime scene and direct staff as necessary.
2Thefirstattendingofficermustensurethefollowing;
1. The boundaries of the scene/incident are identified
2. Identify who actually needs to remain at the scene
3. A cordon is placed in order to prevent additional access by other staff/witnesses and prevent
contamination and destruction of the scene.
4. Contain the scene; try to leave only one area of entry.
5. A scene log is commenced to document who is already in attendance at the scene, prevent
unnecessary access to the scene, and document all personnel entering/leaving the scene.
6. Identify areas required for immediate preservation, is a tent required, do you need to cover
blood etc.
7. Under no circumstances should suspects or alleged offenders be allowed back into or near
the crime scene.
[39]
ExampleofaSceneattendancelog
Scene Attendance Log
Persons attending scene
Date
Name/Rank/Title
Reason for
attendance
Time
In
Time
Out
Signature
(log Keeper)
To get a printable copy click here
3InitialAssessmentoftheScene
Once the above is in place a further more detailed assessment of the scene can take
place prior to the scene examination. If this is done well, it can help solve what
happened, if done poorly, it can amount to a gross neglect of duty and destruction of
vital evidence which may never be regained.
For all serious crime, illegal occurrences and some incidents the Staff Captain,
SECO or Security Supervisor may be in attendance. Formulate a plan of how the
scene is going to be processed. (Work as a team)
Deal with occupational, health and safety issues (e.g., use of protective clothing for high
risk infectious cases/ electrical hazards)
Ensure all personnel entering scene are aware of contamination issues and wear
appropriate PPE such as paper suit, mask and gloves and over shoes.
Reassess the scene boundary and preservation, taking any action if necessary, to rectify
Assess the need for additional equipment and organise assistance from other specialists or
experts where required (e.g. Government, Additional Medical Staff, Policing Authorities,
Port Authorities, Customs, Immigration, etc).
TOP
[40]
4.EnteringtheScene
On initial entry into the scene, the person in charge of this matter should proceed
with great caution, keeping in mind the potential to destroy evidence at the scene.
You should formulate a plan to minimise destruction of evidence by considering your
initial physical approach. When making your initial approach you should consider the
following:
Does an entry other than that taken by the suspect exist?
Establish the path taken by other persons first on the scene
Consider the loss of trace evidence on entry and throughout your examination, (e.g.,
shoe/foot impressions on the floor)
Reassess occupational, health and safety issues
Establish the extent of the scene and additional assistance that may be required
5.Whatshouldberecordedandexamined.
Where details of the incident are sketchy, it is never wise to underestimate the
importance of an item. Be curious of every item, never overlook anything. As more
details come to hand, it is easier to eliminate these from the investigation, than to
have lost that evidence forever.
Your own official notebook is probably your best resource, utilise this to record all
relevant information about the crime scene, initial witness accounts, persons in
attendance, lighting whether on/off, weather conditions, heating, positioning of items
etc, your times in and out of the scene. The use of a digital camera to make a record
of the scene is extremely important and can assist when making statements at a
later time. Details relating to photography can be located at sect 12.5.
6.
Thingstoconsider
Telephone: An important area for fingerprints. No telephone calls should be made
from the scene until the telephone and surrounding area have been examined by
specialised crime scene staff.
Cabin Area: The number of plates, cups and saucers, dishes, glasses and bottles can
indicate many things. It may help establish the number of persons present, and even
the modus operandi of the person responsible. It may also assist in determining the
time of the incident. As well as both DNA and fingerprint evidence.
Cigarettes: Do not smoke at the scene of a crime. A cigarette butt can provide DNA
evidence and additional intelligence re brand/lipstick present etc.. Investigators
continually find foreign cigarette butts at scenes which lead to time wasting and
erroneous conclusions and confuse the issue.
Toilets: Another area of potential difficulty arises from the use of toilets by people at
the scene. There are known cases at rapes and indecent assaults, where vital
evidence from sperm, blood, hair and fibres has been lost from this practice.
Blood: Blood is an important microscopic form of physical evidence. To give a correct
analysis however, it must not be diluted or contaminated in any way. Please see
guidelines in Sect 12.3 as to recovery methods.
Continued
[41]
TOP
Footwear marks: Some footwear marks will not be visible to the naked eye. Take care
when walking within the scene to the likely places marks may be left.
Other forms of physical evidence include: vomit, seminal stains, hair (both animal
and human), skin fragments, fabrics, dirt, dust, soil, sand, clay, paint, saliva, excreta,
seeds, acid, ink stains, pencil lead, splintered wood and glass, grease, oil, filings,
wires, shavings and sawdust, flammable solvents etc, etc.
If you happen to contaminate the scene, whether accidentally or through
carelessness, please note the original position in writing and tell the Staff Captain or
SECO. Do not cover it up or replace it in its original position.
If suspects/offenders are identified, they must not be allowed near the crime
scene, all suspect/offenders clothing worn at the alleged time of offence, etc will be
taken and bagged, suitably labelled and properly secured. Give those
suspects/offenders a receipt for anything you have taken from them, have them sign
for receiving that receipt. Those records will be completed, witnessed and handed to
the Staff Captain or SECO.
7:SexualAssaults
Where possible, the cabin or area will be securely sealed and if possible alternative
accommodation organised. In cases of sexual assault, if practicable, do not allow the
victim to have a shower or clean their person. In cases where oral sex is involved, do
not allow them if possible, to take a drink of any kind until tests can be carried out by
on-board medical staff.
Protect the privacy of the victim.
Consider using an Early Evidence Kit (EEK).
All clothing worn by the victims will be securely packaged and labelled by medical
staff. The same will apply for any bedding material at the crime scene. All ships do
carry sexual assault protocol kits which are held by the Medical Department.
Senior Doctor will be responsible for collection and security of all available evidence
from the victims. Where suspects have been identified their clothing will be seized,
packaged and properly labelled and stored away from the victims clothing or bedding
materials. You must ensure strict compliance to avoid cross contamination.
Please also refer to Sect 13.4 Rape and Sexual Assault.
Violent crime e.g. assaults, cabin invasions, armed robberies: the same procedures
and policy applies as used in Homicides, Unusual Deaths and Serious Sexual
assaults.
8.ExhibitOfficer(Please also refer to Section 10)

This person shall have direct responsibility for the collection of any exhibits.
ExhibitLogging
This function will be delegated to a member of ship security by Staff Captain. It is an
important role and attention to detail is essential. Collection, labeling and proper
storage of exhibits is critical. If you have any concerns or are unsure of your
responsibilities you are to seek immediate advice from SECO or Staff Captain.
[42]
TOP
Exhibit Log
Full name and title of person assigned responsibility for collection,
labeling and storage of exhibits
Time and Date Exhibit Log commenced

Full name and title of person in charge of crime or crime scene
(e.g., SECO)
Identificatio
n Reference
Number
Descriptio
n
The initials of
the finder and
a sequential
number
Full
Description
Time and
Date of
Seizure or
Productio
n
Time and
date found
Location
of Seizure
or
Productio
n
Exactly
where
found
Person
Time and
Date
Seizing or
Producin Deposite
g
d
Locatio
n of
Propert
y
Full name
and title
Where is
it now
securely
stored
Time and
date
handed to
you
To get a printable copy click here
[43]
TOP
EvidenceCollectionKit
The below list shows the minimum basic items that should be kept on board.
It is good practice to keep all of these items in one plastic box which is kept in a secure place
.
Evidence Collection Kit List

1.
2 x medium white over suits
2.
1 x large blood suit
3.
2 x overshoes
4.
2 x 3m face masks
5.
12 x large disposable gloves
6.
13 x paper sacks (med/large)
7.
4 x flat pack boxes (medium)
8.
6 x plastic bags (not CJ) (large) and seals
9.
10 x nylon bags (Assorted sizes)and seals
10.
20 x CJ evidence bags (various)
11.
2 x knife tube (large)
12.
3 x poly pots (various)
13.
10 x swabs (5 x fine (yellow); 5 x standard (black))
14.
1 x box distilled water ampoules (8)
15.
2 x cellotape (1x 1,1x 2)
16.
1 x roll 2 brown tape
17.
1 x roll biohazard tape
18.
1 x roll danger of infection tape
19.
1 x Crime scene Do not enter tape
20.
10 x PACE DNA sampling kits
21.
10 x Volunteer DNA sampling kits
22.
3 x Early Evidence Kits.
23
Disposable Sticky rulers for scales
24
Ink strips for Fingerprints
25
Volunteer Fingerprint Forms
26
Fingerprint Consent Forms.
[44]
TOP
Packagingofitemsrecovered
Please note that it is desirable to have more Pace and Volunteer DNA sampling kits
on board. Please also be mindful as to the expiry dates on items within the kit. If long
past the expiry date the kits should not be used at all but if they are only recently out
of date this should not matter.
The table below lists the best way to collect, bag and store various different
items:-
Type of Exhibit
Sampling/
Treatment
Recommended
Packaging
Practical Options
for
Consideration
WARNING:
THE HANDLING OF BODY FLUIDS CONSTITUTES A HEALTH HAZARD. ALWAYS
SEEK ADVICE
BLOOD
a)
Blood stained
items
If an easily
removable item
e.g., knife, ashtray,
bottle, etc. (see
further down re
clothing), allow the
item to dry
completely and
naturally before
packaging.
DO NOT
accelerate drying.
Make a note on
exhibit seizure
form if blood stain
was wet when
obtained.
Place each
individual item in a
separate suitable,
properly sealed
container, e.g.
sealed strong
paper bags or stout
paper sacks. In the
absence of sacks,
cardboard boxes
will suffice.
Bags/sacks should
be folded over
twice and sealed
with adhesive tape
(selotape or
similar), boxes
should also be
sealed with tape.
(use kit supplied
where possible)
Bags/paper sacks
must not have
been used
previously. If no
police issue
sacks are
available, suitable
sacks would be
those used for
paper waste
disposal. If a
cardboard box is
used, it should be
as clean as
possible and lined
with clean paper.
Write the exhibit
identification
reference on the
sack/box as you
seal it.
Note: Plastic bags
should not be
used as they
promote
dampness. Nor
should staplers
ever be used to
seal bags
Seek advice and
[45]
Type of Exhibit
Sampling/
Treatment
Recommended
Packaging
Practical Options
for
Consideration
guidance from
Ships Doctor
and/or shore
authorities.
b)
Bloodstains on
immovable objects
(1) Pools of wet blood
Sample of the
blood can be taken
by swabbing,
ensuring that a
sample is taken
from each
individual pool.
Area taken from to

be indicated in
notes, exhibit
reference
documented on
outside of swab
then placed in a
CJA/ exhibit bag
As above.
Please make note

as to type of stain
i.e. wet/dry
(2) Partly clotted blood
As above
As above.
(3) Dry blood
If practical and
possible, cut away
the surface
containing the
stain. A non
stained part of the
item should also be
taken as a control
sample.
Place each
individual item
(including the
control sample)
into a separate
suitable container
e.g. paper sack,
cardboard box and
seal properly with
adhesive tape.
Seek advice from

Ships Doctor and
shore authorities.
The Ships
Hospital may have
suitable facilities.
Lightly moisten a
swab tip with
STERILE (cold)
water using
ampoules provided
in kit. Swab stain
until the swab
appears dark
brown / red, to
obtain a high
concentration of
blood, or until the
whole stain has
been removed.
Freeze as soon as
possible and store
frozen (seek
guidance re
suitable storage
which must be
away from all food
products).
As above.
(4) Dry blood (small

amounts)
Use small swab for

small stains
[46]
Never use
staplers.
TOP
Type of Exhibit
Sampling/
Treatment
WARNING: See page 1
(Note: before
sampling a blank
control swab
should be
obtained from the
surface near to
but not in contact
with the blood).
(c) Blood samples (from

people)
This should only be

carried out by a
Doctor, where
toxicology may be
required.
Take a 4 ml
sample and place
in a container with
fluoride
preservative and
anti coagulant
(DNA blood has

been replaced by
either a
PACE DNA
Sample for
suspects or
Volunteer DNA for
victim
Recommended
Packaging
Refrigerate or
Freeze. If going to
be a while prior to
going to shore
advise to freeze.
Ensure that the
container is not
filled to the top
otherwise will crack
on freezing.
Freeze
Practical Options
for
Consideration
If the suspect or
Victim requires a
transfusion try to
secure a pre
transfused blood
sample.
(Toxicology)
Or if for DNA
purposes a mouth
swab/hair sample
(with routes
approx 10) would
be better. (Pace
DNAsuspect/Volunteer
DNA-Victim.
Freeze.
Seek advice from
Ships Doctor and
shore authorities.
SEMEN STAINED ITEMS

The whole item
containing the stain
should be taken. If
the stain is still wet,
ALLOW ITEM TO
DRY NATURALLY
in an isolated area,
before packaging.
Avoid talking over
the item, as
contamination can
occur.
If small items such

[47]
Place each
individual item in a
sealed paper sack
or clean cardboard
box.
Please note any
stains which were
wet when obtained,
within the notes
and on exhibit.
As above.
May be
impractical to
obtain and store.
However if
possible could
provide valuable
evidence.
Type of Exhibit
Sampling/
Treatment
as tampon,
sanitary towel,
knickers should be
frozen where
possible.
Recommended
Packaging
Practical Options
for
Consideration
Freeze
Condoms should
be sealed with
either a clip or tied
at top
SALIVA SAMPLES
As above.
Early Evidence Kit
EEK could
Be used here, to
prevent the victim
having to wait for
Doctor.
(a) To establish the

presence of semen or
other evidential material
Do not allow victim

to wash mouth if
possible. Doctor to
collect approx. 10
mls of saliva
approximately a
desert spoonful of
saliva. and
immediately
freeze.
Clean 25 ml wide
(or similar) plastic
bottle with screw
cap (DO NOT USE
GLASS). Label
with donors name
and date and time
sample was taken.
(b) Control sample
Donor to rinse
mouth with water
prior to sampling.
Then as above.
As above.
Use PACE DNA

Sampling kits
provided (Suspect)
Reseal within tube.
Seek advice from

shore Authorities if
a number of
people are to be
sampled.
Wrap each item

separately and
seal effectively with
adhesive tape.
Do not use
staplers.
DNA SAMPLES
WARNING : See page 1
Volunteer DNA
Victim
FIBRES
Control fibre samples
(from items which are
potential sources of fibres
for transfer e.g.,
garments, carpets,
upholstery)
Submit whole item

wherever possible.
If whole item
cannot be
submitted sample
all component fibre
types and colours
included faded and
[48]
Ensure that it is
labelled as a
control.
Type of Exhibit
Sampling/
Treatment
Recommended
Packaging
Practical Options
for
Consideration
unfaded areas,
worn and less worn
areas.
Cut out
approximately 3
cm2 of material or
pull out tufts of
fibres.
Control items
should be sampled
using a piece of
adhesive tape 710cm in length until
the adhesive is
almost exhausted
and place onto a
plastic sheet or
glass.
Items onto which fibres

may have been
transferred (e.g.
garments, bedding,
weapons)
Where possible
submit the whole
item with as little
disturbance as
possible.
Place in an
envelope sealing
all seams and
openings.
Ensure that the
labelling indicates
the exact location
of the taping and in
which order they
were taken.
Tapings (from surfaces

for examination of fibre
transfer (e.g., Chairs,
sofas)
Using clear
adhesive tape in
lengths of approx.
20 cm press the
adhesive tape
systematically onto
the area of
examination until
the whole area has
been examined
using fresh tape as
soon as the
adhesive
properties become
weakened.
It is recommended
that after sampling
that the adhesive
strips are placed
onto a piece of
clear acetate
sheeting.
In the absence of
such acetate
sheeting advice
should be sought
from the shore
authorities. In an
emergency AND
to avoid
contamination,
clean glass or a
square of
polythene e.g.
poly folder may
suffice.
Combings (from head
Use a brand new
Wrap the comb in
Consider
[49]
Practical Options
for
Consideration
Sampling/
Treatment
Recommended
Packaging
hair to compare with hats,

balaclavas etc.
and unused fine

comb to gently
gather any foreign
traces.
clean paper and

seal in envelope,
tube or polyfolder
ensuring all seams
taped.
obtaining a comb
from the shop,
from
complimentary
cosmetic gift
packs or hair
salon.
Rope or Twines
Recover the whole

length of rope if
possible OR obtain
a length at least 25
cm long. For
suspicious deaths
or suicide, recover
the whole item.
Wrap each item

separately in a
polythene or paper
sack and seal
effectively.
Do not use
staplers to seal
any bag. Always
use adhesive
tape.
Where there is a
possibility of a
PHYSICAL FIT between
broken or cut ends.
If the rope must be

cut to remove it,
first clearly label
the original cut or
broken ends.
Protect the cut or

broken ends with
paper or polythene
bags so that they
cannot be
damaged and
place each
individual piece of
rope or twine in a
separate polythene
or paper sack.
As well as
potential evidence
re a crime, such
evidence could be
of considerable
value to an
accident
investigation or
inquest re suicide.
Type of Exhibit
Always leave knots

intact.
HAIR
Control head hair
sample
Control pubic hair
If possible cut at
least 25 hairs close
to t he root and
label cut end.
Obtain adequate
samples from
different parts of
the head, including
areas of different
lengths or colours.
Provide details in
the notes as to any
forms of treatments
e.g. perms, dyeing.
If an injury is
involved take a
sample of hair from
the injured site.
Or collect in a
screw capped vial
To be carried out
by a qualified
Doctor only.
Packaging as for
head hair above.
[50]
Package in a paper
packet as seen for
medicinal powders,
seal in a polythene
bag.
Store in a cool, dry

environment.
IMPORTANT:
This is regarded in
law as an
Intimate Sample
Type of Exhibit
Sampling/
Treatment
Recommended
Packaging
Practical Options
for
Consideration
and as such can
only be obtained
by a Doctor.
If the sample is
required take at
least 10 cut hairs.
Matted pubic hair

should be cut off
and submitted as a
separate sample.
Hair combings for
foreign debris
Use a new fine

tooth comb.
Package as for
head hair above.
Consider
obtaining new
comb from shop
or from
complementary
gift pack given to
passengers.
Another source
could be the
onboard salon.
Items recovered that

may have hairs present
Recover the whole

item wherever
possible and tape
(as above) if there
are any obvious
loose hairs or tufts.
Wrap each item

separately in a
polythene or paper
sack and ensure
the bag is
completely sealed.
Do not use staples

to secure the bag.
CLOTHING, BEDDING AND FOOTWEAR

Bedding
Where possible
and practical
recover whole
item. Mark upper
and lower surfaces
head and foot to
establish
orientation of
sheets, blankets,
quilts, etc.
Wrap each item

separately at the
recovery location if
possible. Place in a
stout paper sack
and seal with
adhesive tape.
Ensure that all

recovered items
are kept separate
to avoid cross
contamination. If a
number of cabins
are involved,
ensure different
staff recover
bedding and bag
and seal items at
a separate
location before
storage.
Clothing
Recover the whole

item of clothing.
As above.
Document item
noting any
motifs/colours etc.
As above.
Wet or damp items

[51]
Type of Exhibit
Sampling/
Treatment
Recommended
Packaging
Practical Options
for
Consideration
Avoid risks of
contamination by
drying at separate
locations where
practical.
Allow to dry
naturally as soon
as possible on a
paper lined
surface.
When completely
dry package as
above.
Loose debris from

clothing
Individuals from
whom clothing is
required (victim or
suspect) should
undress whilst
standing on a large
and clean sheet of
paper to collect
loose debris,
having already
removed their
shoes.
Clothing separately
bagged as above.
The paper sheet
should be carefully
folded to retain
contents,
packaged in a
paper sack and
sealed with
adhesive tape.
If a suitable paper
sheet is not
available consider
a clean sheet of
polythene or new
or freshly
laundered bedding
sheet.
Footwear
Ask victim/suspect
to remove
footwear. Items
recovered from
cabins etc. should
where possible be
bagged in situ.
Paper sacks or
cardboard boxes
and sealed
securely.
Suitable boxes
might be those
that contained
photocopier
paper.
Where possible
recover whole item
e.g. paper(s),
cardboard, glass,
bedding etc.
Place each item

separately in an
appropriate
container (e.g.
cardboard box) to
protect.
As above.
If not possible to
recover consider
photographing
placing two rulers
at right angles to
show size of mark.
Digital images to
be taken if part of a
larger scene format
card in camera and
on completion of
the photography
place in envelope
and seal.
Consider utilising
the professional
skills of the Ships
Photographer.
WARNING: See page 1

re handling materials
containing body fluids.
If cannot dry place

in plastic bag and
freeze. (if very wet)
If possible package
each pair of shoes
separately.
Do not place in
plastic as will
sweat.
FOOTWEAR MARKS
Surface transfer marks
[52]
Type of Exhibit
Sampling/
Treatment
Recommended
Packaging
Practical Options
for
Consideration
GLASS
Control glass sample
(Remember the possibility
of the presence of
footwear marks and/or
bloodstains etc. on broken
glass at the crime scene)
Collect several
pieces of glass (six
if possible), from
around the broken
area. Where a
window or mirror
has been broken
samples should be
taken from pieces
remaining in the
frame.
Place pieces in a
polycover and
place in a sturdy
cardboard box.
Seal the box
completely with
adhesive tape.
If samples are
obtainable only
from the floor then
label as such.
Where more than one

glass pane or items
have been broken
Collect several
pieces of glass (six
if possible), from
EACH broken pane
or item.
Package glass
from each broken
pane or item in
separate boxes as
above. Label each
individual box as a
separate exhibit.
As above.
Combing from head hair

re broken glass
fragments
Comb hair with a

clean comb over a
sheet of paper.
Fold paper into a

pouch and seal
into a polycover or
envelope together
with the comb
ensuring all seams
are sealed with
adhesive tape.
Ensure that any

samples taken
from a suspect are
obtained and
packaged at a
completely
separate location
to avoid
contamination.
Where there is a
possibility of a
mechanical fit (i.e.
jigsaw type
assembly) ALL the
broken glass
should be
recovered.
FIRE ACCELERANTS AND ASSOCIATED MATERIALS

NOTE: Gathering
evidence from fire
scenes is a highly
specialised skill and
should be left to experts
in that field. The
following guidelines are
for use in circumstances
where the scene cannot
for operational reasons
be preserved before the
attendance of the
relevant experts
Obtain urgent
advice from shore
authorities giving a
detailed account of
scene, damage
caused and of any
obvious accelerant
used.
Video cassettes
and/or used films
must be labelled
and stored
securely
immediately after
use. Do not
process films
unless instructed to
by shore
authorities.
Photograph and if
possible video the
Obtain urgent
advice from shore
[53]
Consider the use

of the Ships
Photographer.
The more
photographs/video
that can be taken
from different
angles the better.
Recommended
Packaging
scene in great
detail together with
any associated
peripheral damage
including smoke
damage and
staining e.g.,
outside cabin, on
shell of ship, etc.
authorities re
preserving and
packaging any item
discovered.
If there are obvious

signs of the use of
accelerant e.g. can
of petrol, tin of
butane gas, lighter
fuel etc. then
recover and
preserve. Obtain
professional advice
from shore
authorities re
storage.
The recommended
packaging material
is that of nylon
bags firmly tied
and knotted at the
neck. Then with an
outer plastic bag
which is secured
and labelled.
These are
available in the kits
supplied. Seek
urgent guidance
from shore
authorities to
minimise risks of
losing evidence
through
evaporation.
The cooler the

area of initial
storage is likely to
decrease the
evaporation
process.
Recover with care

and seek advice as
above.
Pack in a sturdy
box or tin and
avoid further
disturbance.
Urgent advice to
be sought from
shore authorities.
NEVER dry items

before packaging.
Recommended
packaging is in
specialist nylon
bags with an outer
plastic bag.
Seek advice re
storage.
Items obtained from the

scene of a fire
Only proceed if
shore authorities
are not
immediately
available to assist.
As above.
As above.
Store control and
suspect samples
away from each
other.
1. Fragile items (e.g.

paper, books etc.)
Handle as little as
possible and
always with
extreme care.
2. Items in which the
Obtain control
Control sample of fire

accelerant (petrol,
paraffin, etc.)
Clothing associated with

fire accelerants
[54]
Practical Options
for
Consideration
Sampling/
Treatment
Type of Exhibit
The recommended
NEVER store
items for
examination for
the presence of
volatile fire
accelerant
materials in close
proximity to
control samples of
fire accelerant.
Type of Exhibit
presence of volatile fire
accelerants is suspected
Sampling/
Treatment
Recommended
Packaging
samples of debris
of the same type
(e.g. carpet,
upholstery) as that
suspected to be
contaminated with
accelerant BUT
away from the
contaminated area.
Obtain sample of
debris from
suspected
contaminated area.
packaging material
is that of nylon
bags firmly tied
and knotted at the
neck with an outer
plastic bag. These
are available in the
kits supplied. Seek
urgent guidance
from shore
authorities to
minimise risks of
losing evidence
through
evaporation.
Practical Options
for
Consideration
EXPLOSIVES AND ASSOCIATED MATERIALS

IMPORTANT : Safety
takes precedence over
evidence collection.
Specialist advice MUST
be sought before ANY
action is taken
Seek urgent advice

from shore
authorities before
taking action
unless to do so is
critical to
preserving life.
WEAPONS
DO NOT attach
any adhesive
material to the
blades or handles
(this could destroy
fingerprints or
other evidence of
value).
Weapons other than

firearms
(e.g., knives, hammers,
hatchets)
Use Weapon
Tubes or
cardboard boxes
supplied in kit.
Handle with great

care with gloves if
possible, lift by
placing a gloved
finger at each end
touching the
minimum surface
possible.
Retain gloves.
FIREARMS
WARNING: Never touch
a firearm unless you
have received
appropriate training
Do NOT touch
unless you are
familiar with
firearms. Seek
specialist advice.
Tie the item with

string to the inner
surface of a
cardboard box, so
that movement in
the box is
restricted. Seal and
label the box
correctly.
NEVER INSERT
A PENCIL OR
OTHER OBJECT
INTO THE
BARREL, THIS
COULD
DESTROY
VALUABLE
EVIDENCE.
IT IS DANGEROUS
PRACTICE TO LIFT A
NEVER position
yourself so that the
Photograph the
firearm in position
If it is suspected
that the barrel of
[55]
Type of Exhibit
FIREARM BY THE
TRIGGER GUARD.
Recommended
Packaging
gun barrel is
pointing in you
direction.
REMEMBER a
loaded gun can be
discharged when
being moved or
simply touched.
before any attempt

is made to move it.
the firearm has

been in the mouth
of the victim or
has been used in
a suspected
suicide, the
muzzle (having
been allowed to
dry naturally)
should be
protected by
placing A SMALL
BAG loosely over
it but NOT affixed
with adhesive.
IF there is a person
experienced in the
handling of
firearms available,
get that person to
make the weapon
safe by unloading
the weapon noting
the position of any
cartridges present
in the chamber of a
revolver, in the
barrel of a shotgun
etc.
If possible,
photograph the
position of any
cartridges/bullets in
the chamber/
breach/magazine
before removal
providing it is safe
to do so in the
opinion of a
firearms trained
person. Any
bullet/cartridge
removed should be
packed separately.
Consider the use

of the Ships
Photographer.
Any bullet or
cartridge must be
packaged in a rigid
container within
plastic to stop it
moving around.
Do not wrap in
tissue or paper as
this will destroy
any striation
marks on the
bullets
[56]
Practical Options
for
Consideration
Sampling/
Treatment
Type of Exhibit
Sampling/
Treatment
Recommended
Packaging
Practical Options
for
Consideration
RECOVERY AND PROTECTION OF PROJECTILES

Warning - see page 11
above
Any wounds
resulting from of a
firearm injury
should (subject to
medical advice) be
photographed
before surgery.
Wherever possible
a ruler or scale
should be in the
photograph
adjacent to the
wound.
Seek advice re
packaging from
shore side
authorities.
As above.
Unless it is
absolutely
essential to do so,
do not attempt to
remove a bullet or
air pellet that is
imbedded in walls,
doors etc. as this
would most likely
destroy any
ballistic evidential
value. This should
be left to forensic
experts.
Photographs of
injuries should be
in colour as this will
show differentiation
between blood
staining and
blackening
Wherever
possible, seek
advice from shore
authorities before
removal of area
surrounding
projectile.
As per
photographic
guidelines
MODEL, REPLICA AND BLANK FIRING FIREARMS

Warning - see page 11
above
If there is a need to
remove the
bullet/pellet, e.g. to
remove from
passenger area to
remove anxiety,
then the area
surrounding the
projectile (20
square cms)
should be removed
with the item intact
and the damage
made good.
Photograph any
projectile in situ
before removal of
surrounding area.
All wads and

cartridge cases
should be
For loose
bullets/pellets,
pack as above
[57]
Wrap in plastic and

secure into a rigid
container.
If unsure as to
whether or not the
weapon is a
replica etc. seek
advice from shore
authorities
BEFORE
packaging.
Type of Exhibit
Sampling/
Treatment
recovered.
Recommended
Packaging
Practical Options
for
Consideration
Once known to be
safe.
CLOTHING OF PERSON SUSPECTED OF DISCHARGING A FIREARM

Clothing of victim
Warning - see page 1 re
caution to be applied
when dealing with body
fluids
Clothing should be
gently handled to
preserve lightly
adhering firearm
discharge residue.
As above. BUT
bloodstained
clothing must be
allowed to dry
naturally before
packing.
As above.
If heavily
bloodstained place
in plastic and
freeze.
Ensure that
separate people
deal with the
suspect and
victims clothing at
separate locations
to eliminate the
possibility of cross
contamination.
Items of clothing
must be
individually
packaged in paper
sacks, sealed with
adhesive tape and
labelled.
DOCUMENTS
Hand-written documents
Obtain the original

document.
Obtain as many
specimen
documents as
possible prepared
by the suspected
author of the
document in
question. (15
samples if
possible)
Altered Documents
E.g. Credit cards,
certificates,
Any documents
suspected of being
altered should be
treated as above.
[58]
Pack flat and seal

each item
separately in
plastic wallets,
envelopes or
polythene bags.
As above.
Photocopy items
as working copies.
Type of Exhibit
Sampling/
Treatment
Recommended
Packaging
Practical Options
for
Consideration
obliterated writing on logs,

diaries etc.
Documents for indented

impression examination
Recover
documents above
and below suspect
document to show
sequencing. DO
NOT alter order.
Typewritten
documents
Word
Processor/Computer/mo
bile phones/electronic
diaries
Obtain typed
documents AND
the typewriter
believed used to
prepare document
+ any loose
ribbons or
cartridges.
Pack flat and seal

in a polycover or
envelope.
DO NOT mark,
fold, pin or staple
the exhibit.
DO NOT stick the
exhibit on to a card
OR affix labels to
the document
itself.
DO NOT use
excessive amounts
of adhesive tape.
Ensure loose
ribbons are
protected from
possibility of
indentation.
DO NOT use
typewriter
Seize whole
machine including
unit housing hard
disc + all portable
media, e.g. CDs,
Memory Sticks,
Pen Drives, floppy
discs, seize
mobile chargers.
Ensure that any

exhibit labels are
written BEFORE
attaching to the
polycover or
envelope to avoid
causing
indentation.
Ensure document
is protected from
being creased or
folded by placing
polycover or
envelope between
stout pieces of
cardboard.
Use stout
cardboard to
prevent further
indentation.
Always write label
away from exhibit.
Seek guidance
from Port
authorities.
Seek guidance if
mobile phones
recovered re
leaving on/off.
PROHIBITED DRUGS
Tablets, capsules,
powders,
pipes,
vegetable material,
knives, tobacco tins,
boxes and pouches
Recover the whole

item(s) and
individually
package and seal.
Label with the
[59]
Polythene bags or
polycovers are
suitable for most
items unless they
are sharp or damp.
Seek advice from

shore authorities.
Ensure any boxes,
containers etc.
Type of Exhibit
containing drug use
paraphernalia.
Hypodermic syringes
and
needles
Sampling/
Treatment
name of the
suspect and the
source of the
sample or item.
These items are a

serious health
hazard and should
be disposed of
safely in sharps
box unless it is
considered
essential to retain
to prove serious
drug abuse. Even
then the shore
authorities may
refuse to accept
the item because
of the potential
hazards involved.
Recommended
Packaging
For sharp items
use a stout
cardboard box or
plastic container.
For damp items
use a paper sack.
(cannabis leaves
are best in brown
paper sack).
IF decision is taken
to retain, a hard
container such as
a tin or strong
plastic box should
be used. The
container should
be clearly marked
HEATH HAZARD
with a description
of the contents.
Practical Options
for
Consideration
containing sharp
items such as
knives are clearly
labelled as such
and take personal
responsibility for
passing the item
on to another.
IF considered
essential to retain
for analysis, take
personable
responsibility for
handing the
exhibit over and
explain the
circumstances of
discovery and the
nature of the item
seized.
Serious
consideration
should be given to
obtaining a urine
and blood sample
from the suspect
in accordance with
company
guidelines rather
than retain the
syringe or needle.
TOP
[60]
EXHIBITSLOG
LogofItemsRecoveredfromSearchorSeizure
Identification
Reference
Description
Number
The initials of
the finder and
a sequential
number
Full
Description
Time and Location

Person
Time and
Location
of
Date
Date of
of Seizure Seizing or
Seizure or
or
Producing Deposited Property
Production Production
Time and
Exactly
Full name
Time and Where is
date found
where
and title
date
it now
found
handed to securely
you
stored
Photographs
Prior to any scene examination and recovery taking place, it will be necessary to
record the scene for evidential purposes. The following should be considered when
recording any scene;
1. Consider obtaining a new digital card/ if not it will be necessary to format the
flash card when in the camera prior to any photography be carried out.
2. Ensure that appropriate PPE is worn to prevent contamination.
3. Be mindful of where you are walking within the scene not to damage any
evidence on the floor areas.
Continued
[61]
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4. Ensure that all actions and photographs are documented, including times in
and out of scene.
5. Obtain a briefing from officer in Charge (Captain/senior security officer) as to
circumstances before entering the scene.
6. For technical photography consider using the ships photographer especially
where certain type of lighting or injury photography is required.
7. Be mindful that crime scene photography may require the use of a tripod,
however only use if ships engines are off as otherwise the vibration of the ship
will cause a slight disturbance of the image. Also most scene photography is
carried out on F16 (Aperture size) and at a 60th of a second.
8. At the scene start your photography setting the scene, the location for example
the cabin number, ensure if on deck etc that you have some signage within the
image, this helps with locating the scene.
9. Record the outside of the scene and gradually move in, if in a room try to take
from each corner of the room.
10. Record positions of all items within the scene initially in general shots.
11. Items of particular importance such as weapons, blood marks, disturbance,
forced entry, clothing, bedding etc should be recorded closer up and with a scale.
12. Anything within the scene to be recovered must be photographed first.
13. If there is a requirement to record injuries particularly bruising please note
these will fade with time, especially bruising caused by bites, kicking footwear a
scale will be required for these.
Fingerprints
1. Taking Fingerprints from Detained Suspects - This would normally be
dealt with by the police or national authority that are investigating and/or
processing the detainee. These fingerprints are taken on a different form and
do not require the person to give their consent. However if the person were to
sign a consent form there is no reason that a Ships Security Officer can not
take them.
2. Potential Suspect In most cases the relevant authority should deal with
such circumstances, however in the event of Ships Security Officers taking
these the Volunteer form can be used as long as the individual provides
written consent.
3. Volunteer Fingerprints For taking fingerprints, for elimination purposes,
from victims of crime or individuals with legitimate access to the crime scene.
[62]
TOP
Method
Complete all relevant sections on the Volunteer Fingerprint form and obtain written
consent from the person using the Volunteer Fingerprint Consent Form.
It is best to take fingerprints on a flat stable surface such as table or counter top.
Tape the ink strip at the sides to stop it slipping, fold the fingerprint form so that
you can do each section on the form without getting ink all over the form, and
place on the edge of the surface to ease the process.
Ensure as you take each impression that you roll the finger from one nail edge to the
other, in one single smooth movement, to capture as much detail as possible.
The resulting print should look square in shape.
Click here for a copy of the Volunteer Fingerprint Form
Click here for a copy of the Volunteer Fingerprint Consent Form
DNA
There is no doubt that the use of DNA in criminal investigations has been the
greatest step forward since fingerprints were first used.
DNA can be obtained from blood, semen, saliva, rooted hair, sweat, and cellular
material such as skin flakes or dandruff.
The preferred method of taking a sample of a persons DNA is by a mouth swab, also
known as a buccal swab.
The UK has the worlds largest DNA database holding DNA profiles from about 4
million individuals, 1/3rd of a million DNA samples from crime scenes and has made
about of a million matches of persons to crime scenes since it was set up in 1995.
On average 800-1000 matches are now made each week.
The legislation controlling the use of DNA varies from country to country but most
countries now have a DNA database or utilise DNA technology in investigations.
A persons DNA profile is not unique but the chances of another person having
exactly the same DNA is very rare. In the past the probability of the sample uniquely
matching the stain was much lower than it is today. Current DNA technology
frequently gives probabilities of 1 in a billion (1 in 1,000,000,000) and higher. This in
effect makes the match unique and often results in offenders left with little choice but
to plead guilty at court.
One of the great advantages of the use of DNA in investigations is that despite any
legislation there is nothing to stop a person voluntarily giving a sample of their DNA.
Continued
[63]
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In the Forensic Evidence Kit on a ship there should be a number of Volunteer DNA
Sampling Kits. There are instructions inside the kit on how to use them. Once the
swabs are taken they should be placed in a secure freezer for storage.
By looking at the following example we can see how it could be used in an
investigation on board a ship:A female passenger says she got drunk one night and was raped by a member of
the crew. She consented to him helping her back to her cabin, partly undressing her
and putting her to bed and giving her a kiss but he then had intercourse with her to
which she did not consent.
She reports the incident the next day and the ships doctor takes evidential swabs
from her vagina which will have traces on of the offenders semen and thereby his
DNA.
She cannot describe the crewman any further that he was a white European in his
early twenties and she cannot remember his face.
The ship is due to call at the next port in two days time and all 1200 passengers will
disembark and 60 of the crew are due to leave to be replaced by another 60.
The description of the offender means that, although there are 650 crew on the ship,
only 40 of them fit the description. Of those 40 only two are rotating on the next
change around. If the two crewmen who are due to leave the ship are approached by
the SSO and asked if they will voluntarily give a sample of their DNA then, as long as
we know who they are, nothing will be lost by letting them leave the ship at the next
port.
This could continue for the next few ports and so eventually all of the crew who fit the
description and who are no longer on the ship have given their DNA.
When the ship returns to the home port the local police carry out an investigation and
take DNA samples from the members of the crew that they want to. When the
samples are analysed the offender is identified as an individual crewman who the
police arrest. All of the other crew members are immediately eliminated and are no
longer under suspicion. This, of course, includes those crew who have since left the
ship.
Contamination
Accidental cross contamination occurs when staff, deal with victims of crime, the
scene of the crime and then deal with the offender, their premises, property, or visaversa, without taking reasonable precautions to prevent contamination.
In order to prevent this, no member of staff who has dealt with the victim (including
property, clothing), or the scene of the attack/incident, should then deal with the
[64]
TOP
offender (including property, clothing) without taking reasonable precautions to

prevent contamination.
Below are the current guidelines from the Forensic Science Service regarding
avoidance of contamination
Neither suspects nor victims, nor clothing or other items recovered from
them, should be handled by any personnel who have been to the scene or
involved in the packaging of materials from the scene, or at any locations
where materials from the scene have been handled, unless they have taken
appropriate measures to avoid cross-contamination. These measures
should include washing of the hands and face, or preferably showering
and a change of clothing and footwear. A time delay without these
precautions will not suffice.
There may be occasions on ship where there in no one else to deal with both the
victim and suspect, this is not ideal however if the above is borne in mind and a
paper suit is worn for the examination of either the victim or suspect this will assist.
Any actions must be documented to assist in the interpretation of forensic evidence.
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[65]
13CriminalOffences
Murder
Murder is defined at Common Law as:
Where a person of sound mind and discretion unlawfully kills any reasonable
creature in being and under the Queen's peace, with intent to kill or cause grievous
bodily harm.
Murder is the unlawful killing of a person with the intention to kill or cause grievous
bodily harm. Nothing less will suffice.
Foresight that a consequence is almost certain to result is not the same as intention,
though it may be evidence of it.
Actiontobetaken
This is the most serious of crimes.
All of the steps must be taken to preserve the scene, identify witnesses and identify
the offender.
You will need help with this.
Police assistance should be sought as soon as possible.
On a British vessel at sea this can be arranged via the FCO.
If an offender is identified then remember they have lots of forensic evidence on their
body and clothing and the clothing should be recovered and preserved.
UnlawfulActManslaughter
Involuntary manslaughter is an unlawful killing without an intention to kill or cause
grievous bodily harm; i.e. an unintentional killing. Apart from the intent (mens rea)
the elements of the offence are the same as for murder. There has been difficulty in
the past concerning identifying the elements which make the killing unlawful but the
law has been considerably clarified by the decision of the House of Lords in the case
of R v Adomako [1994]. It can now be said there are two, if not three, different
classes of involuntary manslaughter ((b) and (c) do overlap):(a) Manslaughter by unlawful act;
(b) Manslaughter by gross negligence involving breach of duty.
(c) Manslaughter by recklessness.
Continued
[66]
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Unlawful act manslaughter requires that:
(a) the killing must be the result of the accused's unlawful act, though not his
unlawful omission. It must be unlawful in that it constitutes a crime. A
lawful act does not become unlawful simply because it is performed
negligently. The act must be a substantial (more than minimal) cause of
death, but not necessarily the only operative cause (see Causation);
(b) the unlawful act must be one, such as an assault, which all sober and
reasonable people would inevitably realise must subject the victim to, at
least, the risk of some harm resulting there from, albeit not serious harm;
(c) it is immaterial whether or not the accused knew that the act was unlawful
and dangerous, and whether or not he intended harm; the mental state or
intention required is that appropriate to the unlawful act in question; and
(d) "harm" means physical harm.
GrossNegligenceManslaughter
Manslaughter by Gross negligence is an offence contrary to Common Law. It

requires the satisfaction of a four stage test. This was arrived at as a result of R-vAdomako ([1994] 3 All ER 79):
(a) Was there, in the circumstances, a duty of care owed by the defendant to
the deceased (assuming the Judge has ruled that on the facts such a duty
was capable of arising)?
(b) Was there a breach of that duty?
(c) Did that breach cause the death of the deceased? (See Causation )
(d) Should the breach of duty be characterised as gross negligence and
therefore characterised as a criminal act?
The above principles are the test in respect of manslaughter by gross negligence. It
is question for the jury to decide whether, having regard to the risk of death involved,
that the defendants conduct was so bad, in all the circumstances, as to amount to a
criminal act or omission.
Continued
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Recklessness (which is a subjective matter) could form an element of the

prosecution case in order to help prove the gross negligence, but see the AttorneyGeneral's Reference (2 of 1999) which states that proving the reckless or intentional
state of mind of the offender is not a prerequisite for a conviction of manslaughter by
gross negligence.
A person may become liable for manslaughter by neglect of a positive duty arising
from the nature of his occupation. (Such as Doctor, Nurse or Carer)
The prosecution MUST prove that a significant cause of the victim's death were the
injuries inflicted by the offender's actions. It does not have to try and prove that the
death was NOT due to some other intervening event, such as medical negligence
during the victim's treatment.
It is possible to convict a person of manslaughter by gross negligence on the
evidence of that person/corporation's actions alone without evidence of mens rea
(state of mind) i.e. it is an objective test. A jury is obliged, when considering this
offence, to look at all the circumstances before reaching a verdict, so an individual's
state of mind must be taken into account where relevant.
The standard and the breach are judged on the ordinary law of negligence. Those
with a duty of care must act as a reasonable person would do in their position. The
test is objective. It does not matter that the defendant did not appreciate the risk,
provided that such a risk would have been obvious to a reasonable person in the
defendants position. The risk in question is a risk of death.
Actiontobetaken
If dealing with an incident that MAY be a manslaughter it will not always be initially
obvious that a crime has occurred.
IT SHOULD THEREFORE ALWAYS BE TREATED AS A CRIME SCENE IN THE
FIRST INSTANCE.
It is often a matter for a jury to decide whether the offence is manslaughter or
murder. DO NOT TRY AND SECOND GUESS THEM.
The usual steps should be taken to preserve the scene, identify witnesses and
identify the offender.
Police assistance should be sought.
If an offender is identified then remember they have lots of forensic evidence on
their body and clothing and it should be recovered and preserved.
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CorporateManslaughter
Actiontobetaken
If dealing with an incident that MAY be a Corporate Manslaughter it will not always
be initially obvious that a crime has occurred.
IT SHOULD THEREFORE ALWAYS BE TREATED AS A CRIME SCENE IN
THE FIRST INSTANCE.
CorporateManslaughterandCorporateHomicideAct2007
It is often a matter for a jury to decide whether the offence is manslaughter or
murder. DO NOT TRY AND SECOND GUESS THEM.
The usual steps should be taken to preserve the scene and identify witnesses.
Police assistance should be sought.
The offence
(1) An organization to which this section applies is guilty of an offence if the way in
which its activities are managed or organised
(a) causes a persons death, and
(b) amounts to a gross breach of a relevant duty of care owed by the
organisation to the deceased.
(2) The organisations to which this section applies are
(a) a corporation;
(b) a department or other body listed in Schedule 1 ;
(c) a police force;
(d) a partnership, or a trade union or employers' association, that is an
employer.
(3) An organisation is guilty of an offence under this section only if the way in which
its activities are managed or organized by its senior management is a
substantial element in the breach referred to in subsection (1).
(4) For the purposes of this Act
(a) relevant duty of care has the meaning given by section 2, read with
sections 3 to 7;
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[69]
(b) a breach of a duty of care by an organisation is a gross breach if the

conduct alleged to amount to a breach of that duty falls far below what can
reasonably be expected of the organisation in the circumstances;
(c) senior management, in relation to an organisation, means the persons
who play significant roles in
(i) the making of decisions about how the whole or a substantial part of its
activities are to be managed or organized, or
(ii) the actual managing or organizing of the whole or a substantial part of
those activities.
(5) The offence under this section is called
(a) corporate manslaughter, in so far as it is an offence under the law of
England and Wales or Northern Ireland;
(b) corporate homicide, in so far as it is an offence under the law of Scotland.
(6) An organisation that is guilty of corporate manslaughter or corporate homicide is
liable on conviction on indictment to a fine.
(7) The offence of corporate homicide is indictable only in the High Court of
Justiciary.
Meaningofrelevantdutyofcare
(1) A relevant duty of care, in relation to an organization, means any of the
following duties owed by it under the law of negligence

(a) a duty owed to its employees or to other personsworkingfortheorganisationor
performingservicesforit;
(b) a duty owed as occupier of premises;

(c) a duty owed in connection with
(i) the supply by the organisation of goods or services (whether for
consideration or not),
(ii) the carrying on by the organisation of any construction or
maintenance operations,
(iii) the carrying on by the organisation of any other activity on a
commercial basis, or
(iv) the use or keeping by the organisation of any plant, vehicle or
other thing;
(d) a duty owed to a person who, by reason of being a person within
subsection (2), is someone for whose safety the organisation is
responsible.
Continued
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(2) A person is within this subsection if

(a) he is detained at a custodial institution or in a custody area at a court or
police station;
(b) he is detained at a removal centre or short-term holding facility;
(c) he is being transported in a vehicle, or being held in any premises, in
pursuance of prison escort arrangements or immigration escort arrangements;
(d) he is living in secure accommodation in which he has been placed;
(e) he is a detained patient.
(3) Subsection (1) is subject to sections 3 to 7.
(4)
A reference in subsection (1) to a duty owed under the law of negligence

includes a reference to a duty that would be owed under the law of negligence
but for any statutory provision under which liability is imposed in place of
liability under that law.
(5)
For the purposes of this Act, whether a particular organisation owes a duty of
care to a particular individual is a question of law. The judge must make any
findings of fact necessary to decide that question.
(6)
For the purposes of this Act there is to be disregarded

(a) any rule of the common law that has the effect of preventing a duty of care
from being owed by one person to another by reason of the fact that they are
jointly engaged in unlawful conduct;
(b) any such rule that has the effect of preventing a duty of care from being
owed to a person by reason of his acceptance of a risk of harm.
(7)
In this section
(a) construction, installation, alteration, extension, improvement, repair,
maintenance, decoration, cleaning, demolition or dismantling of
(i)any building or structure,
(ii)anything else that forms, or is to form, part of the land, or
(iii)any plant, vehicle or other thing;
(b) operations that form an integral part of, or are preparatory to, or are for
rendering complete, any operations within paragraph(a);
custodial institution means a prison, a young offender institution, a
secure training centre, a young offenders institution, a young offenders
centre, a juvenile justice centre or a remand centre;
detained patient means
(a)a person who is detained in any premises under
(i)Part 2 or 3 of the Mental Health Act 1983 (c. 20) (the 1983 Act),
or
(ii)Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986
(S.I. 1986/595 (N.I. 4)) (the 1986 Order);
Continued
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(b)a person who (otherwise than by reason of being detained as

mentioned in paragraph (a)) is deemed to be in legal custody by
(i)section 137 of the 1983 Act,
(ii)Article 131 of the 1986 Order, or
(iii)article 11 of the Mental Health (Care and Treatment) (Scotland) Act
2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078);
(c)a person who is detained in any premises, or is otherwise in
custody, under the Mental Health (Care and Treatment) (Scotland) Act
2003 (asp 13) or Part 6 of the Criminal Procedure (Scotland) Act 1995
(c. 46) or who is detained in a hospital under section 200 of that Act of
1995;
immigration escort arrangements means arrangements made
under
section 156 of the Immigration and Asylum
Act 1999 (c. 33);
the law of negligence includes
(a)in relation to England and Wales, the Occupiers' Liability Act 1957
(c. 31), the Defective Premises Act 1972 (c. 35) and the Occupiers'
Liability Act 1984 (c. 3);
(b)in relation to Scotland, the Occupiers' Liability (Scotland) Act 1960
(c. 30);
(c)in relation to Northern Ireland, the Occupiers' Liability Act (Northern
Ireland) 1957 (c. 25), the Defective Premises (Northern Ireland) Order
1975 (S.I. 1975/1039 (N.I. 9)), the Occupiers' Liability (Northern
Ireland) Order 1987 (S.I. 1987/1280 (N.I. 15)) and the Defective
Premises (Landlords Liability) Act (Northern Ireland) 2001 (c. 10);
prison escort arrangements means arrangements made under
section 80 of the Criminal Justice Act 1991 (c. 53) or under section
102 or 118 of the Criminal Justice and Public Order Act 1994 (c.
33);
removal centre and short-term holding facility have the meaning
given by section 147 of the Immigration and Asylum Act 1999;
secure accommodation means accommodation, not consisting of
or forming part of a custodial institution, provided for the purpose of
restricting the liberty of persons under the age of 18.
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Comment
Section 1(1) defines the new offence, which will be called corporate manslaughter in
England and Wales and Northern Ireland and corporate homicide in Scotland. The
new offence builds on key aspects of the common law offence of gross negligence
manslaughter in England and Wales and Northern Ireland. However, rather than
being contingent on the guilt of one or more individuals, liability for the new offence
depends on a finding of gross negligence in the way in which the activities of the
organisation are run. In summary, the offence is committed where, in particular
circumstances, an organisation owes a duty to take reasonable care for a persons
safety and the way in which activities of the organisation have been managed or
organised amounts to a gross breach of that duty and causes the persons death.
How the activities were managed or organised by senior management must be a
substantial element of the gross breach.
The elements of the new offence are:
The organisation must owe a relevant duty of care to the victim. The relevant
duties of care are set out in section 2.
The organisation must be in breach of that duty of care as a result of the way
in which the activities of the organisation were managed or organised. This
test is not linked to a particular level of management but considers how an
activity was managed within the organisation as a whole. Section 1(3)
stipulates that an organisation cannot be convicted of the offence unless a
substantial element of the breach lies in the way the senior management of
the organisation managed or organised its activities.
The way in which the organisations activities were managed or organised
(referred to in these notes as the management failure) must have caused
the victims death. The usual principles of causation in the criminal law will
apply to determine this question. This means that the management failure
need not have been the sole cause of death; it need only be a cause
(although intervening acts may break the chain of causation in certain
circumstances).
The management failure must amount to a gross breach of the duty of care.
Section1(4)(b) sets out the test for whether a particular breach is gross. The
test asks whether the conduct that constitutes the breach falls far below what
could reasonably have been expected. This reflects the threshold for the
common law offence of gross negligence manslaughter. Section 8 sets out a
number of factors for the jury to take into account when considering this issue.
There is no question of liability where the management of an activity includes
reasonable safeguards and a death nonetheless occurs.
Continued
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The way in which the organisations activities were managed or organised must have
caused the victims death. The usual principles of causation in the criminal law will
apply to determine this question. This means that the management failure need not
have been the sole cause of death; it need only be a cause (although intervening
acts may break the chain of causation in certain circumstances).
Click here to view the Corporate Manslaughter and Corporate Homicide Act 2007
RapeandSexualAssault
SexualOffencesAct2003
To see the full wording of The Sexual Offences Act 2003 click here
Rape
Section 1 of the Sexual Offences Act 2003 makes it an offence for a person
intentionally to penetrate with his penis the vagina, anus or mouth of another person
without that person's consent, if he does not reasonably believe that the other person
consents. It provides that whether a belief in consent is reasonable is to be
determined having regard to all the circumstances, including any steps he has taken
to ascertain whether the other person consents.
This section redefines the physical act of rape by including penile penetration of the
mouth. The offence also covers surgically reconstructed genitalia, for example as a
result of gender reassignment surgery.
1(1) A person (A) commits an offence if(a) he intentionally penetrates the vagina, anus or mouth of another person
B with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
1(2) Whether a belief is reasonable is to be determined having regard to all the
circumstances, including any steps A has taken to ascertain whether B consents.
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Assaultbypenetration
Section 2 of the Sexual Offences Act 2003 covers the situation where a person
intentionally (and not just recklessly) penetrates the vagina or anus of another
person. It remains unclear whether there is an element of "mens rea" as to the
"sexual" nature of the penetration. If this additional "mens rea" element is required, a
defendant might claim, for example, that his penetration of B's vagina with an object
such as a bottle was motivated solely by a desire to cause injury, being performed
with a violent and not a sexual intent. It is doubtful that such a plea would be
successful in reality, and the defendant would, in any event, have thereby admitted a
crime of grievous bodily harm also carrying a maximum life sentence.
The offence is committed where the penetration is by part of the body (for example,
a finger) or anything else, (for example, a bottle or vibrator); where the penetration is
sexual (as defined in section 78), so that it excludes, for example, intimate searches
and medical procedures; where the other person does not consent to the
penetration; and where the offender does not reasonably believe that the other
person consents. This offence can be committed by a male or female against a male
or female.
Sections 75 and 76, which deal with evidential and conclusive presumptions about
consent, apply to this offence. 2(1) A person A commits an offence if(a) he intentionally penetrates the vagina or anus of another person B with a
part of his body or anything else,
(b) the penetration is sexual,
(c) B does not consent to the penetration, and
(d) A does not reasonably believe that B consents.
circumstances, including any steps A has taken to ascertain whether B consents
Sexualassault
Section 3 of the Sexual Offences Act 2003 makes it an offence for a person
intentionally to touch sexually another person without that person's consent, if he
does not reasonably believe the other person consents. The meaning of "touching" is
explained at section 79(8) and "sexual" is defined at section 78. The effect of these
sections is that the offence covers a wide range of behaviour including, for example,
rubbing up against someone's private parts through the person's clothes for sexual
gratification.
Sections 75 and 76 which deal with evidential and conclusive presumptions about
consent apply to this offence. This offence can be committed by a male or female
against a male or female.
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[75]
Where there is sufficient evidence, forced penile penetration of the vagina, anus or
mouth would normally be charged as "rape" and forced penetration of the vagina or
anus with any other part of a person's body or another object would normally be
charged as "assault by penetration".
3(1) A person A commits an offence if(a) he intentionally touches another person B,
(b) the touching is sexual,
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.
circumstances, including any steps A has taken to ascertain whether B consents.
Actiontobetaken
In cases of sexual assault the importance of independent evidence, both forensic
and of witnesses cannot be over emphasised.
Steps should be taken to preserve the scene, identify witnesses and identify the
offender.
For guidance on the use of Early Evidence Kits click here
The victim should be forensically examined, as soon as possible, by a trained
medical professional, internal and external swabs should be taken.
For detailed Medical examination guide for DoctorsGuidance for Doctors on
the forensic examination of victims of rape/sexual assault click here
body and clothing and it should be recovered and preserved.
In general such offences can be dealt with on arrival at the next port by the local
police - however do not forget rape is a very serious offence that carries Life
Imprisonment in the UK.
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[76]
SeriousAssaults
Section 18 of the Offences Against the Person Act 1861
Creates the offence of 'wounding' or causing grievous bodily harm (GBH) with
intent.
Whosoever shall unlawfully and maliciously by any means whatsoever wound or
cause grievous bodily harm to any person with intent to do some grievous bodily
harm to any person, or with intent to resist or prevent the lawful apprehension or
detainer of any person, shall be guilty of an offence.
Notes
(i) The essential element is INTENT. Wounding under this section requires a
SPECIFIC INTENT to cause grievous bodily harm (GBH) or to resist arrest.
(ii) Where 'intent to cause GBH' is charged the prosecution must prove either(a) that it was the defendant's intention to cause GBH, or (if it was not his
intention)(b) that he knew that GBH was virtually a certain consequence of his act.
(iii) Where the intent is absent but a wound or grievous bodily harm is still inflicted,
see section 20 of this Act (inflicting bodily injury, with or without weapon.
(iv) In accordance with section 14 of the Aviation and Maritime Security Act 1990,
where a person (of whatever nationality) does outside the United Kingdom any act
which, if done in the United Kingdom, would constitute an offence falling within this
section, his act shall constitute that offence if it is done in connection with an offence
under sections 9, 10, 11 or 12 of the Aviation and Maritime Security Act 1990
committed or attempted by him.
Section20oftheOffencesagainstthePersonAct1861
Provides the offence of 'wounding or inflicting grievous bodily harm' (GBH).
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm
upon any other person, either with or without any weapon or instrument shall be
guilty of an offence.
Notes
(i) If this offence is racially aggravated, a more serious racially-aggravated assault

offence should be considered.
(ii) The essential difference between section 20 wounding and section 18 wounding
is that in this offence intent to wound or cause grievous bodily harm is absent,
however malice must be present.
(iii) A variety of defences are available to a charge of section 20 wounding:defences to assault, consent to assault, lawful sport, lawful correction, self-defence
and use of force by a constable.
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Actiontobetaken
Steps should be taken to preserve the scene, identify witnesses and identify the
offender.
In general such offences can be dealt with on arrival at the next port by the local
police however do not forget GBH is a very serious offence that carries Life
imprisonment in the UK.
Minorassaults
An assault is any intentional or reckless act which causes a person to apprehend
immediate unlawful force or personal violence.
Physical injury or contact is not necessary. The emphasis is on the reaction of the
victim, who must perceive the unlawful violence as 'immediate' (although this term
has been given a wide interpretation).
Depending on the circumstances, words or gestures alone may constitute an
assault. (An assault may involve a threat alone). If violence is threatened, there must
be the ability to carry out the threat at the time.
ActualBodilyHarm(ABH)
Section 47 of the Offences against the Person Act 1861 creates the offence of
assault occasioning actual bodily harm (ABH).
Whosoever shall be convicted upon an indictment of any assault occasioning actual
bodily harm shall be guilty of an offence.
Notes
(i) If this offence is racially or religiously aggravated, a more serious aggravated
assault offence should be considered.
(ii) 'Actual bodily harm' can include psychiatric injury.
Battery
Contrary to Section 39 of the Criminal Justice Act 1988.
A battery is an intentional or reckless act whereby unlawful force is inflicted.
A mere touch can amount to battery;
Where there is no injury, question whether the circumstances justify any action at all;
Where injury is sustained, assess the degree/severity of injury before taking action.
CPS guidelines specify that injuries of the following severity should normally be
charged as battery:grazes scratches, abrasions, minor bruising, swellings, reddening of the skin,
superficial cuts and minor cases of a "black eye".
There may be borderline cases, such as an undisplaced broken nose (cartilage
displaced from bone).
Consider sections 47, 20 or 18 of the Offences against the Person Act 1861 for
serious injuries.
Continued
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Actiontobetaken
As with all crime investigation steps should be taken to preserve the scene, identify
witnesses and identify the offender.
Such offences can be dealt with on arrival at the next port by the local police.
Sabotage
Acts of sabotage by members of the crew are extremely serious matters and may
put the safety of the ship, crew and passengers at risk.
Immediate action should be taken and the Captain informed. The Captain will decide
on what action should be taken.
Sabotage by members of the crew, shore based workers or passengers will normally
consist of offences of Criminal Damage.
Offences of Criminal Damage are dealt with at section 13.
The following may be helpful:
RFAGuidanceonSabotage/CriminalDamage
Damage identified
Is the damage considered

deliberate? See note 1
No
Yes
Is it considered to affect the
running of the ship? See
note 2
No action required
No
Cordon and protect from
unauthorised entry and
interference.
Do not touch or interfere with

the damage
Call Police
Secure the scene and start a

scene log. See note 5
Continued.
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Note 1 If it is known that the damage was accidental, then clearly no police action
is necessary. If, however, the damage is clearly the result of a deliberate malicious
action to affect the ship or the safety of the crew then action to preserve the area
should be initiated.
Note 2 If the damage is such that it is necessary to be repaired immediately for the
safety of the ship or crew, then their safety must be paramount and any repairs must
be undertaken. Those repairs though must be limited to what is necessary to reduce
the risk to the ship and any other damage should be left for examination by police.
Note 3 If the damage is not likely to effect the running of the vessel or the safety of
the crew then it is unlikely to be sabotage but more likely to be simple malicious
damage. This would not require an immediate police response but could be dealt
with when next in port.
Note 4 If the location of the damage can be secured by physical means then it
should be locked and secured. If, however it cannot be, for example a duty location,
open area or other full access area, then all reasonable steps must be taken to
restrict access to the damage thus avoiding any attempt to alter it and impede the
investigation.
Note 5 The Crime Scene Log is an account of all the actions occurring in and
around the crime scene. The log should be in the possession of the guard
responsible for controlling entry to the scene and should be handed to his relief. It
should contain details of who has entered the scene with the person finding the
damage as the first person entering. Any events which may affect that scene must
also be recorded in the log, and it should be presented to the police on their arrival.
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Criminaldamage
Section1oftheCriminalDamageAct1971 creates the offence of simple
'Criminal Damage'.
Section1(1) A person who without lawful excuse destroys or damages any property
belonging to another intending to destroy or damage any such property or being
reckless as to whether any such property would be destroyed or damaged shall be
guilty of an offence.
Notes
(i) Arson and racially aggravated damage - if the destruction or damage has been
caused by fire, an offence of arson under section 1(3) should be charged. If it is
racially aggravated, the more serious offence of racially-aggravated criminal damage
should be considered.
Section1(2) creates the serious offence of destroying or damaging property

intending that, or being reckless as to whether, life would be endangered.
It states:
1(2) a person who without lawful excuse, destroys or damages any property,
whether belonging to himself or another
(a) intending to destroy or damage any property or being reckless as to whether any
property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of another or being
reckless as to whether the life of another would be thereby endangered;
shall be guilty of an offence.
NOTE:
The same incident may involve separate activities, some causing ordinary damage
and some damage by fire (for example, protestors break into a laboratory building,
smash laboratory equipment and set fire to some files). In such circumstances they
are separate offences and best charged as such (R v Booth 1999).
It should be noted that to 'endanger life' in relation to criminal damage, does not
require an attempt to kill, otherwise murder or manslaughter would be the more
appropriate charge, and there is no requirement for any actual injury. It is sufficient
that life was endangered; for example, if a jealous husband cuts the brake pipe of his
rivals car, no harm may actually come to the intended victim, but the potential for
harm exists and the offence would be committed.
However, either intent or recklessness must be proved and the potential for harm to
someone other than the defendant must be proved. The actual damage must also be
the cause of the danger; shooting at someone in a room through a window both
endangers life and damages the window, but it does not cause damage that
endangers life.
Continued
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Section1(3) creates the offence of 'arson'. It states:

1(3) an offence committed under this section by destroying or damaging property by
fire shall be charged as arson.
For the offence to be complete some of the damage must be by fire, this does not
include smoke damage. It is enough that wood is charred; R v Parker 1839.
INTENT or RECKLESSNESS as regards the use of fire must be proved. It is a

common defence to arson that a burglar dropped a lighted match that he was using
for illumination.
Most cases of arson involve the use of 'accelerants' such as petrol or lighter fuel to
start the fire. If it is suspected that accelerants might have been used, special
procedures need to be implemented in order to obtain forensic samples.
Section2 creates offences relating to threats to destroy or damage property.

S.2. A person who without lawful excuse makes to another a threat, intending that
the other would fear it would be carried out, (a) to destroy or damage any property belonging to that other or a third person; OR
(b) to destroy or damage his own property in a way which he knows is likely to
endanger the life of that other or a third person
Notes
(i) It is not necessary to show the other is actually in fear that the threat will be
carried out. What has to be proved is that the accused intends the other to
fear it will be carried out. The test for whether the action amounts to a threat is
objective ie "would the reasonable man conclude that a threat had been
made?" R v Cakmak and others, Times 28 March 2002). Note: only intention
will do, unlike section 1 there is no mention of reckless in this section.
(ii) The threat must be to another person, and can relate to a third party, such as "I will smash up your son's car if you don't do what I say." - the threat is to one
person about a third person's property.
(iii) In section 2(b) above, the offender can damage his own property to endanger
the life of another, such as - a landlord threatening to burn down a house he
owns if a tenant will not leave.
Section3 creates the offence of 'going equipped' intending to destroy or damage

property.
Continued
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S.3 A person who has anything in his custody or under his control intending without
lawful excuse to use it or cause or permit another to use it:
(a) to destroy or damage any property belonging to some other person
OR
(b) to destroy or damage his own or the user's property in a way which he knows is
likely to endanger the life of some other person;
Note
The act intended does not have to be immediate; it can be at some time in the future;
i.e. someone storing bomb-making materials for future use.
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[83]
OffencesagainstChildren
To see the full wording of The Sexual Offences Act 2003 click here
The following offences are contrary to The Sexual Offences Act 2003
(The number shown on the left is the Section number of the Act)
Rapeandotheroffencesagainstchildrenunder13
5
6
7
8
Rape of a child under 13

Assault of a child under 13 by penetration
Sexual assault of a child under 13
Causing or inciting a child under 13 to engage in sexual activity
Childsexoffences
9
10
11
12
13
14
15
Sexual activity with a child

Causing or inciting a child to engage in sexual activity
Engaging in sexual activity in the presence of a child
Causing a child to watch a sexual act
Child sex offences committed by children or young persons
Arranging or facilitating commission of a child sex offence
Meeting a child following sexual grooming etc.
Abuseofpositionoftrust
16
17
18
19
Abuse of position of trust: sexual activity with a child

Abuse of position of trust: causing or inciting a child to engage in sexual activity
Abuse of position of trust: sexual activity in the presence of a child
Abuse of position of trust: causing a child to watch a sexual act
Familialchildsexoffences
25 Sexual activity with a child family member
26 Inciting a child family member to engage in sexual activity
Offencesagainstpersonswithamentaldisorderimpedingchoice
30 Sexual activity with a person with a mental disorder impeding choice
31 Causing or inciting a person, with a mental disorder impeding choice, to engage
in sexual activity
32 Engaging in sexual activity in the presence of a person with a mental disorder
impeding choice
33 Causing a person, with a mental disorder impeding choice, to watch a sexual act
[84]
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Inducementsetc.topersonswithamentaldisorder
34 Inducement, threat or deception to procure sexual activity with a person with a
mental disorder
35 Causing a person with a mental disorder to engage in or agree to engage in
sexual activity by inducement, threat or deception
36 Engaging in sexual activity in the presence, procured by inducement, threat or
deception, of a person with a mental disorder
37 Causing a person with a mental disorder to watch a sexual act by inducement,
threat or deception
Careworkersforpersonswithamentaldisorder
38
39
40
41
Care workers: sexual activity with a person with a mental disorder

Care workers: causing or inciting sexual activity
Care workers: sexual activity in the presence of a person with a mental disorder
Care workers: causing a person with a mental disorder to watch a sexual act
Abuseofchildrenthroughprostitutionandpornography
47
48
49
50
Paying for sexual services of a child

Causing or inciting child prostitution or pornography
Controlling a child prostitute or a child involved in pornography
Arranging or facilitating child prostitution or pornography
Exploitationofprostitution
52 Causing or inciting prostitution for gain
53 Controlling prostitution for gain
Trafficking
57 Trafficking into the UK for sexual exploitation
58 Trafficking within the UK for sexual exploitation
59 Trafficking out of the UK for sexual exploitation
Preparatoryoffences
61 Administering a substance with intent
62 Committing an offence with intent to commit a sexual offence
63 Trespass with intent to commit a sexual offence
Sexwithanadultrelative
64 Sex with an adult relative: penetration
65 Sex with an adult relative: consenting to penetration
Continued
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Otheroffences
66
67
68
69
70
71
Exposure
Voyeurism
Voyeurism: interpretation
Intercourse with an animal
Sexual penetration of a corpse
Sexual activity in a public lavatory
OffencesoutsidetheUnitedKingdom
72 Offences outside the United Kingdom
IndecentPhotographs
Section 1 of the Protection of Children Act 1978 creates various offences of taking or
distributing indecent photographs or pseudo-photographs of a child under eighteen
years of age. It states:
1(1) It is an offence for a person (a) to take, or permit to be taken, or to make, any indecent photograph or
pseudo-photograph of a child; or
(b) to distribute or show such indecent photographs or pseudo-photographs; or
(c) to have in his possession such indecent photographs or pseudophotographs, with a view to their being distributed or shown by himself and
others; or
(d) to publish or cause to be published any advertisement likely to be
understood as conveying that the advertiser distributes or shows such indecent
photographs or pseudo-photographs or intends to do so.
1(2) For the purposes of this Act, a person is to be regarded as distributing an
indecent photograph or pseudo-photograph if he parts with possession of it to, or
exposes or offers it for acquisition by, another person
To see the full wording of The Protection of Children Act 1978 click here
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TheftandFraud
Theft
Section 1 of the Theft Act 1968 provides the legal definition of theft.
1(1) a person is guilty of theft if he - dishonestly appropriates property belonging to
another with the intention of permanently depriving the other of it; and 'thief' and
'steal' shall be construed accordingly.
1(2) It is immaterial whether the appropriation is made with a view to gain, or is made
for the thief's own benefit.
There are reams of case law on this subject but essentially it is a straightforward and
simple piece of legislation.
Other offences created by the Theft Act 1968 are burglary, blackmail, handling stolen
goods and going equipped to steal.
Fraud
Section 1 of the Fraud Act 2006 creates a general offence of fraud and introduces
three possible ways of committing it.
Section 1(1) A person is guilty of fraud if he is in breach of any of the sections listed
below (which provide for different ways of committing the offence)
Section 2 - fraud by false representation,
Section 3 - fraud by failing to disclose information, and
Section 4 - fraud by abuse of position.
(Below is a summary of the meaning of the term 'dishonestly' which is referred to in several
of the offences.)
Section 2 sets out one way of committing fraud under section 1 of the Act, namely
fraud by false representation.
2(1) A person is in breach of this section if he (a) dishonestly makes a false representation, and
(b) intends, by making the representation (i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
2(2) A representation is false if (a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
2(3) Representation means any representation by words or conduct as to fact or law,
including a representation as to the state of mind of Continued
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(a) the person making the representation, or

(b) any other person.
2(4) A representation may be express or implied.
2(5) For the purposes of this section a representation may be regarded as made if it
(or anything implying it) is submitted in any form to any system or device designed to
receive, convey or respond to communications (with or without human intervention).
Section3 sets out one way of committing fraud under section 1 of the Act, namely
fraud by failing to disclose information to another person where there is a legal duty
to disclose the information.
3(1) A person is in breach of this section if he (a) dishonestly fails to disclose to another person information which he is under a
legal duty to disclose, and
(b) intends, by failing to disclose the information (i) to make a gain for himself or another, or
Section4 sets out one way of committing fraud under section 1 of the Act, namely
fraud by dishonestly abusing one's position. It applies in situations where the
defendant has been put in a privileged position, and by virtue of this position is
expected to safeguard another's financial interests or not to act against those
interests.
4(1) A person is in breach of this section if he (a) occupies a position in which he is expected to safeguard, or not to act against,
the financial interests of another person,
(b) dishonestly abuses that position, and
(c) intends, by means of the abuse of that position (i) to make a gain for himself or another, or
4(2) A person may be regarded as having abused his position even though his
conduct consisted of an omission rather than an act.
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Dishonest
The test for whether it is dishonest is a two stage test
1. The first question is whether a defendant's behaviour would be regarded as
dishonest by the ordinary standards of reasonable and honest people.
2. If the answer is yes to the above, the second question is whether the defendant
was aware that his conduct would be regarded as dishonest by reasonable and
honest people.
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14MinorMatters
NoiseComplaintProcedure
Noise complaints from passenger accommodation areas are frequently registered
with the Pursers Office, especially during the evening/night time hours. It is
suggested that each noise complaint is initially investigated by the Pursers
Department and only referred to the Ship Security personnel if subsequent
complaints are received.
It may be that complaints regarding noise or other factors are made and no one is
inside the cabin (e.g. Tap dripping, stereo left on, etc.). In this case, the responding
crew member should be accompanied by a second crew member, such as a Night
Manager/Steward/Security when entering the cabin. After completing an
investigation of the disturbance, a cabin card should be completed (name, reason for
entry, etc.) and the cabin re-locked upon exit.
Alcohol
The Ship Security Team, Bar Staff and Responsible Officers must be proactive in
observing and monitoring that alcohol is being consumed in moderation and in
accordance with applicable laws and regulations. The definition of moderation is
something that is infinitely variable on each individual. Some may consume alcohol
until they are over the legal driving limit and still act responsibly with full control of
their functions. Other people may consume one or two drinks and behave irrationally.
Bar Staff and the Ship Security team are required to monitor not only consumption
but also the effects of such consumption on passengers.
Once alcohol consumption begins to negatively impact on the individuals behaviour,
the supply of liquor must be restricted or stopped. Bar Staff / Ship Security or
Responsible Officers should be tasked to approach individuals in a forthright and
open manner to ensure that over consumption of alcohol is quickly stopped.
Refusal of Service decisions made solely by Security Staff or Bar Staff should be
reported to the appropriate manager without delay.
All incidents of Refusal of service are to be recorded. Good Practice is to keep a
Refusal of Service Log.
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Refusal Of Service Log
LOCATION
DATE
&TIME
PASSENGER
NAME and
CABIN
NUMBER
REASONS
FOR
REFUSAL
NAME OF
STAFF
WHO
REFUSED
SERVICE
COMMENTS &
SIGNATURE OF
MANAGER
Click here for a printable copy
In terms of enforcing the regulations governing the responsible service of alcohol,

early, courteous, and direct communication with the passenger is extremely
important.
Provided the passenger is compliant he/she may be permitted to remain in the
nightclub/bar provided they agree to refrain from further alcohol consumption. They
should be offered non alcoholic beverage or water.
Ship Security personnel are to closely monitor passengers showing signs of
intoxication within the Nightclub and bar areas, the importance of an early warning
cannot be over emphasised and may prevent the development of a more serious
incident, harm to the passenger or to others.
Indications of Intoxication
The following gives some guidance to the indicators of intoxication. Some indicators
will be obvious immediately, whilst others may be displayed over a period of time.
Some of the more common signs below may be helpful to identify intoxication,
however, do not disregard the possible of illness.
Difficulty moving around objects
Bumping into or knocking over furniture
Falling down
Swaying
Dozing while sitting at a bar or table
Clumsy or uncoordinated movements
Stumbling or change in gait
Crude behaviour
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[91]
Spilling drinks or inability to find ones mouth with a glass

Inappropriate sexual advances
Annoying other customers or employees
Glassy eyes, lack of focus, loss of eye contact
Becoming careless with money, buying rounds for strangers
Becoming loud and boisterous and making comments about others
aggression or belligerence
Becoming agitated or argumentative
Inability to light a cigarette
Letting a cigarette burn in an ashtray without smoking it
Inability to pick up change/card from the bar or table
Rambling conversation, loss of train of thought
Altered speech patterns, such as slurred speech
Making irrational or nonsensical statements
A note should be made of any of the above which are observed.
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15BombThreats
POLICE BOMB PREVENTION TIPS

ALWAYS BE CONSTANTLY PREPARED!
There is no excuse for not taking every step necessary to meet a bomb
threat.
WHY PREPARE AGAINST BOMB INCIDENTS? The Police encourage
every crew member and portal establishment to be constantly prepared
against bomb threats and bombing incidents. Through preparation, you can
reduce the accessibility of your vessel and identify those areas that can be
"hardened" against the potential bomber. Proper planning can also reduce
the threat of panic and decrease the potential for injury and property damage.
Be prepared! There is no excuse for not taking every step necessary to
meet the threat.
WHAT IS A BOMB? A device capable of producing damage to material and
injury or death to people when detonated or ignited. Bombs are classified as
explosive which causes damage by fragmentation, heat and blast wave; and
incendiary which generates fire-producing heat without a substantial explosion
when ignited.
WHAT IS A BOMB THREAT?
An information or warning claiming
knowledge that a dangerous device, such as a bomb or similar type of
explosive, has been or will be placed in a building, aircraft or other facilities.
HOW TO PREPARE FOR AN INCIDENT OR THREAT.
In preparing to cope with a bomb incident or threat, it is necessary to develop
two separate plans: a security plan and a bomb incident plan.
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[93]
A security plan provides for the protection of property, personnel, facilities, and material against
unauthorised entry, trespass, damage, sabotage, or other illegal or criminal acts. The ship
security plan should deal with prevention and control of access to the vessel.
Any bomb incident plan should provide detailed procedures to be implemented when a bomb is
found or threatened.
In planning, a command centre must be designated to be located in a focal point of telephone or
radio communications. Obtain an updated blueprint of the vessel deck plan and maintain it in the
command centre and ensure that Head Office co-ordinates any external liaison with Police or
military.
Contact the police department, fire department, or local government agencies for any assistance
in developing your security or bomb incident plans.
Training is essential to deal properly with a bomb threat incident. Instruct all personnel,
especially those at the telephone switchboard, what to do if a bomb threat is received.
All personnel should be aware that personal radios should not be used within 15 metres of any
suspected device.
RespondingToBombThreats.
Each threat received through any means of communications should be treated as
real and must be forwarded immediately to the proper authorities and head office.
TelephoneBombThreats.
For a printable copy of a Telephone Bomb Threat Checklist click here.
A copy of the above checklist should be printed off and kept in the main telephone
switchboard where it can be readily accessed.
The receiving party must remain calm and courteous. Try to obtain as much
information as possible from the caller. In general take note of the following
procedures:
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1.
Get the identity of the caller.
2.
Take note of the following characteristics: male or female voice; young,

middle-age or old sounding voice; accent of voice; speech impediments or
peculiar voice characteristics; any background noise; does the voice sound
familiar.
3.
The exact words of the person placing the call.
4.
Show no emotion on the phone.
5.
Ask for the exact location of the bomb.
6.
Ask for a description of the bomb/composition of the explosive.
7.
Repeat the message to the caller whenever possible and ask for confirmation.
8.
The receiving party should remain calm and courteous. He/she should listen
carefully and write down accurately the information the caller provides.
9.
If possible, refer the caller to a supervisor or a person in authority to extract

more information.
10.
Apply delaying tactics and engage the caller in prolonged conversation.
11.
Take note of the exact time the suspect hung up.
12.
The person receiving the bomb threat should attempt to ask the caller certain
questions: When is the bomb going to explode?/ Where is the bomb right
now?/ What type of bomb is it?/ What does the bomb look like?/ What will
cause it to explode?/ Why did you place the bomb?
13.
Remember that the caller may not answer your questions, but any additional
information that they may relate will be helpful.
14.
It may be advisable to inform the caller that the building is occupied and the
detonation of a bomb could result in death or serious injury to many innocent
people.
15.
Once the telephone threat is received, notify the Ships Security Officer,
Captain or, if in port, the police at once.
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HandwrittenorTypedNotes.
Documents and other materials received should be carefully handled to preserve
marks, fingerprints, etc. for examination by competent authorities. Prior to being
forensically packaged the letter should be digitally photographed and then put out of
view to prevent other curious members of staff picking it up and leaving their
fingerprints on it. Written messages should never be ignored.
BombThreatsbyEMail
Print off a copy of the message. Do not delete it. As it may contain viruses do not
forward it on or open any attachments if possible. Request that your IT Department
try and trace the source by examining the server.
PersontoPersonorDirectThreat
1. Notify your Ships Security Officer immediately.
2. Keep the person making the threat or indicating knowledge of a threat under
surveillance until relieved by your supervisor.
3. Take note of the age, height, weight, sex, colour of eyes/hair/skin, clothing,
and unusual characteristics such as lameness, twitching or any peculiarities of
the person under surveillance. Observe other personal behaviour, if any.
PhysicalSearchofVessel.
The most effective and fastest search of a vessel can be made by the normal crew of
that vessel. Bombs can be packaged in as many different ways as the maker's
imagination will allow. Since the object of the search can vary in size and shape, it is
a fundamental rule that searches must be made by persons who are familiar with the
area in order to notice a strange or foreign object.
In some instances, the detonation or ignition of any explosive or incendiary might
depend on a change in environment, e.g. temperature variations or the presence of
an electric current. Therefore, the personnel assigned to conduct the search should
be cautioned not to cause, or at least minimize any change in the environment. Do
not go into a dark room and turn on the lights or change the setting of the
thermostats in the room.
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SecurityMeasuresonVessel
1. Strictly implement the inspection procedures of all bags, knapsacks,
boxes, merchandise, etc., that will enter your vessel.
2. Suspicious looking package, paper bags, etc. left alone should be
cautiously scrutinized as possible bomb(s).
3. When suspected bombs are noted, advise security
personnel/employees to immediately contact the proper authorities.
4. Be observant of people roaming around your area doing nothing.
Advise your security to always observe people leaving behind
bags/packages/boxes in the garbage cans/bins on your vessel.
5. Be observant of cars/motorcycle riding individuals who are suspiciously
observing constantly your vessel from the quayside.
6. Be cautious in opening envelopes and packages sent to you by
unknown individuals or packages with no return addresses.
7. The greatest safeguard against the effects of bomb threats is to
prevent entry of unauthorized persons into certain areas, whenever
possible.
8. Restricted entry and positive identification of staff and visitors can be
significant factors in assessing the seriousness of any given threat.
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MissingPerson/Drowning
Person identified as missing
Overboard?
Not or not sure
Yes
Search the vessel
Record ships position
Located?
Locate persons cabin and secure.

Treat as crime scene.
Yes
No
Carry out ships own overboard

procedures for search.
Dead or alive?
Dead
Collect 2 x 1 litre samples of water

from the sea nearest to the point
the person was reported missing
Alive
Treat as sudden death
Body found?
Yes
[98]
No
The body must now be treated as

a crime scene and protected as
best as possible. Seal in a body
bag and refrigerate if possible.
The cabin of the missing person may hold the key to the reason behind the
disappearance of the person. As such it must be treated as a crime scene and
secured to await a full examination.
The samples of water are an essential piece of evidence in the discovery of what
condition a person entered the water. If the person is found dead in the water, an
examination of the lung contents compared against the water samples will determine
if the person entered the water dead or alive. Once the samples are recovered (in
sealable bottles) they should be placed in paper bags and refrigerated for collection
by police.
If a body is recovered, it becomes a crime scene. It should be afforded the same
protection as any other crime scene and preserved and protected as best as
possible. Place the body in a sealable body bag, label with the date and time of
recovery and if possible refrigerate to preserve until the next port.
Then deal with the incident as in Sudden Death Procedures.
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17Piracy
The following definition of piracy is contained in article 101 of the 1982 United
Nations Convention on the Law of the Sea (UNCLOS):
Piracy consists of any of the following acts:
(a) any illegal acts of violence or detention, or any act of depredation, committed
for private ends by the crew or the passengers of a private ship or a private
aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or
property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction
of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft
with knowledge of facts making it a pirate ship or aircraft;
(c) any act inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
Piracy is likely to continue into the future for as long as the benefits to the pirates still
outweigh the costs. Pirates are becoming increasingly violent and confident and are
likely to be better armed and disciplined in the future.
So the industry must take steps to prepare and defend itself, it cannot put its own
safety entirely in the hands of naval forces.
A typical Pirate craft off the East African coast

The three key factors to avoid piracy are
SPEED
FREEBOARD
ROUTING
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[100]
CommonDenominatorsofVesselsLiabletoAttackare:
Low speed
Low freeboard
Inadequate planning and procedures
Low visible alert state or measures
Slow response times
PriorToTransitPlanningMeasures
Establish and follow company extant crisis management procedures adopting IMO and other
industry recommended practices.
Financial risk of transiting high risk areas should be addressed by owners, managers and
charterers from the outset
CSOs should ensure a specific transit plan and contingency plan for the high risk passage is
written and exercised. Brief and discuss with the Master and SSO
Be aware of the particular sea areas and ports affected by piracy and armed robbery
Carry out crew training prior to passage ensure trainers have practical experience
Trainers should reassure and encourage crews to be proactive.
Ensure the piracy contingency plan is available and conduct a drill prior to arrival in the area.
Review plan if necessary and brief all personnel on their duties. Ensure all crew are familiar
with the Alarm system and sounds.
Prepare an emergency communication plan, to include all essential emergency contact
numbers and pre-prepared messages, which should be ready at hand or permanently
displayed near the communications panel. [e.g. tel. nos. of MSCHOA, IMB, PRC, CSO.]
Master should thoroughly brief his crew on his expectations.
Report to UKMTO before entering the area (operations departments to register passage prior
to transit with Maritime Security Centre Horn of Africa (http://www.mschoa.org).
Follow transit course and speed advice/instructions of UKMTO/MSCHOA for best protection.
Wherever practicable, vessels transiting to ports outside of East Africa should consider
navigating to the east of Madagascar or (for guidance) maintain a distance of more than 600
nautical miles from the coastline.
Make every effort to plan transit periods of highest risk area for night passage. No successful
attacks have occurred at night
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[101]
If considering additional private security it is not advised to use armed guards as there are
serious risks involved
Additional unarmed security crews however will reduce risk to crew and enhance watch
keeping numbers. Passive devices such as LRAD are also considered useful.
ReducingtheRiskVesselSpecific
Identify and address key weak points (low speed, freeboard, access control etc)
Vessel audits no 2 vessels are the same!
Specific equipment (LRAD, Citadel, fire hoses, foam etc, anti-access devices and systems
Evasive manoeuvres
Speed
Detailed procedures
Trained operators and security personnel
Communications and coordination internally and externally
ReducingtheRiskCrew
Drills and procedures especially damage control and fire fighting
Confidence and familiarity
Physical preparedness supplies etc
Psychological preparedness
Profiling
PriortoTransitDefensiveMeasures
Vessels should comply with the International Rules for Prevention of Collision at Sea at all
times; navigation lights should not be turned off at night. Follow the guidance given by Flag
State Authority (e.g. for UK vessels Marine Guidance Notice 298).
Proceed at or near full speed. Critical machinery should be fully operational and any
maintenance completed before entering the area.
Keeping in mind the minimum manning levels ensure that ship routines are adjusted sufficiently
in advance to ensure a well rested and well briefed crew on watch and ensure sufficient watch
keeping is planned.
Minimise external communications (radios, handsets and AIS information) to essential safety
and security related communication and SOLAS information only during transit of high risk
areas.
Continued
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Endeavour to have operational/running redundant auxiliary machinery, including where

applicable generators and steering motors.
Increase lookouts / bridge manning.
Man the Engine Room.
Secure and control access to bridge, engine room, steering gear room, and crew quarters.
In case of emergency warships can be contacted on VHF Ch. 16. [Backup CH08].
Ensure all ladders are stowed or up on deck
If a comparatively low freeboard extend the width of the gunwales to prevent grappling hooks
sticking
Have gollocks/machetes placed along gunwales available for cutting grappling hooks
Prepare citadel and lock down procedures
No work should occur outside the accommodation unless essential.
Fire pumps should be set running and hoses pressurized with water spray discharged
overboard in highest risk quarters.
Consider razor wire/physical barriers around stern / lowest points of access, commensurate
with crew safety and escape.
Consider the use of passive defence equipment such as LRAD
DuringTransitImplementation&Communications
Ensure vessels use the MSPA designated corridor and although attacks occur few are
successful if inside designated routes.
Be aware that virtually all attacks occur in daylight
Maintain best possible speed through the high risk area. No successful attacks have occurred
on vessels passaging at 15 knots or more
Keep photographs of pirate mother ships on bridge. Report immediately if sighted. Report all
sightings of suspect mother ships to the IMB PRC. Tel: +603 2031 0014 / +603 2078 5763 and
MSCHOA.
The Master should try and make as early an assessment of a threat as possible. As soon as
the master feels that a threat is developing he should immediately call the Maritime Security
Centre Horn of Africa (MSCHOA) http://www.mschoa.org and the 24 hour manned Piracy
Reporting Centre - Tel: +603 2031 0014 / +603 2078 5763.
Keep a good lookout for suspicious craft, especially from astern. [Most attacks to date have
occurred from the port quarter.]
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Use light, alarm bells and crew activity to alert suspected pirates that they have been detected.
Whilst measures should be taken to prevent Pirates boarding, the safety of crew and
passengers is paramount.
Provide maximum available deck lighting consistent with safe navigation
DuringTransitDefensiveMeasuresSpeed
Whilst your maximum speed is more than 18 knots, don't slow down for a Group Transit, just
push on through.
If your maximum speed is 16 knots, consider joining a 14 knot Group Transit and keep those 2
knots in reserve for when your next door neighbour comes under attack so you can get out of
there more quickly, so that you can definitely keep up when the weather's bad, or your
machinery is not operating efficiently, or when the hull is fouled, or simply to enable you to
increase speed and conduct a 'narrow weave' when the pirates try to attack you.
OnAttackImmediateAction
Follow contingency plan.
Activate Emergency Communication Plan / Call in order of priority
The UK Maritime Trade Operations (UKMTO) Dubai.
The Maritime Security Centre Horn of Africa (MSCHOA)
The International Maritime Bureau.
Activate the ship security alert system, which will alert your Company Security Officer and flag
state consider tying in to ships LRIT if active.
If the Master has opted to turn off the Automatic Identification System (AIS) during transit of the
piracy area, this should be turned on in the event that the vessel comes under pirate attack.
Sound emergency alarm and make a PA announcement Pirate attack. as per the Ships
emergency plan which should be specified and all crew made aware of prior to entering the
area of high risk.
Make Mayday call on VHF Ch 16 [and backup Ch 8, which is monitored by military vessels].
Send a distress message via the DSC (Digital Selective Calling) system and Inmarsat-C as
applicable.
Muster all crew in a safe area inside the accommodation ideally away from external bulkheads
and portholes.
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Pirates have great difficulty boarding a vessel that is:

i. Passaging over 14 knots
ii. Manoeuvring sharply
Prevent skiffs closing on the ship by altering course and increasing speed where possible
Carry out small zigzag manoeuvre, not more than 7-10 degrees rate of turn to maintain speed.
Avoid creating a lee for the pirates; if possible increase their exposure to the wind / waves. Use
the bow wave and stern wash to make it difficult for small attack craft to approach and fire upon
the vessel.
As pirates close alongside manoeuvre violently and attempt to create wash
Man the hoses and turn on if not done so already using them has been found to deter
attacks however risky this is, it is better to being boarded and held hostage.
Maximise vessel speed. [Evidence to date from failed attacks is that the pirates will give up if
unable to board within 30 - 45 minutes.]
IfCaptured
Offer no resistance otherwise this could lead to unnecessary violence and harm to crew.
Before pirates gain access to bridge inform the Maritime Security Centre and if time permits
the company.
If the bridge/engine room is to be evacuated, then the main engine should be stopped, all way
taken off if possible and the vessel navigated clear of other vessels.
Remain calm and co-operate fully with the pirates.
Ensure all crew, other than bridge team, stay together in one location.
If in a locked down citadel ensure internal protection/cover is available if pirates attempt to
force entry and keep clear of entry point/doors and portholes/windows do not resist entry.
For the link to IMO advice on Piracy please click here
For IMO advice on General Security clock here
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[105]
18SuddenDeathsandFatalAccidents
NonSuspiciousDeaths
In the case of a non-suspicious death on board the deceased should be examined
by the Ships Doctor, or a senior ships officer, who can pronounce life extinct.
The body should then be placed in the ships storage fridge/cooler if for a short time,
or in the case of a longer storage time a freezer, until the ship arrives at the next port
when the local authorities should be notified. This should include the local police and
local coroner who should instigate enquiries. The body should be off loaded there.
The relevant national Embassy/Consulate should also be informed.
In the case of a UK or other European national the relevant coroner back in the
home country will normally also conduct an enquiry.
The SSO should undertake the relevant enquiries to assist the authorities and
coroner.
This would include:Statement from person finding body
Statement from person pronouncing life extinct
Statement from the Ships Doctor or a family member who can give details of the
deceaseds recent and general medical health history
The bottles and packets of any prescribed drugs taken by the deceased
Photographs of the deceased and the surrounding area
The below proforma containing all of the relevant information will assist in this
process.
Click here for Sudden Death Proforma
OtherSuddenDeathsorFatalAccidentsatSea
InitialAction
When a sudden death or fatal accident occurs on a UK flagged vessel, the Ship
Security Officer (SSO) should do the following.
HOWEVER AS IT MAY BE SOME TIME BEFORE THE CAUSE OF THE
ACCIDENT IS ESTABLISHED THE SCENE SHOULD ALWAYS BE TREATED AS
A CRIME SCENE UNTIL SHOWN TO BE OTHERWISE.
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Leave the body in situ, unless there is a danger of losing the body overboard.
Commence a written Scene Log giving details of all persons entering scene
Screen or cordon off the relevant area and preserve all evidence at the scene.
Take photographs of scene.
Retain all articles involved in / relevant to the death or accident.
Contact the company shore HQ who will in turn inform
o the Police
o the Maritime & Coastguard Agency (MCA), if a fatal accident
Assemble information, where relevant for the Police and MCA,
For an Fatal Industrial Accident the following will assist;
Time of accident / death

Was the deceased a passenger, a contractor or a member of the crew
Particulars of deceased, including employer and experience, if appropriate.
Whether wearing safety harness / helmet
His / her clothing and footwear
What tools/equipment being used
Oil / water on deck
Weather conditions
Work permit issued
Was current job covered by written instructions
Who made the decision to work
Who was he /she working with
Particulars of witnesses - Where standing - How far from the deceased
Advise witnesses to make statement / notes as soon as possible on incident
Particulars of doctor / medical staff attending, if relevant
Photograph body in situ
Photograph/Video of surrounding area and any equipment at scene
Note any obvious injuries.
Hours of work record available
Link to CPS Work Related Death Information

For Passenger or a Crew sudden death, assemble information such as;
Full details of deceased (Name, DOB) including details of any family or friends on board
Time of death
Passport details/Seamans Book and Seamans Number
What deceased was doing before death
Where found
Who found the body
Time and Date last seen alive
Particulars of witnesses - Where standing - How far from the deceased
Advise witnesses to make statement / notes as soon as possible on incident
Preserve bottles or take details of any prescribed drugs being taken
Particulars of doctor / medical staff attending, if relevant
- Photograph the body in situ
- Note any obvious injuries.
- Note and photograph any discarded medication and consider implications of possible
suicide.
Continued
[107]
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If the body has not been recovered and presumed lost overboard, assemble
information to assist identification. This should include colour, height, weight,
colour of hair, distinguishing marks, scars, tattoos, full description of clothing,
boot size, rings or other jewellery, watch and photographs. Items potentially
bearing material for DNA comparison (e.g., hairbrush, toothbrush) should be
preserved and be brought to the attention of the Police.
The Ship Security Officer will endeavour to keep witnesses apart and arrange
for them to note down important facts of the incident / accident / sudden death.
On the arrival of the Police/MCA Investigation Team, the Ship Security Officer
will brief the officers on the circumstances of the death, hand over evidence /
articles taken into his / her possession assemble any witnesses and offer all
possible assistance.
NextofKinNotification
In all deaths, the Police Service, because of its considerable experience in this
field, is best equipped to advise the next of kin, not only in the United Kingdom
but also throughout the world. In the event of a fatality occurring at sea, UK
Police have developed well established protocols by which they will take steps to
immediately inform the next of kin.
It may be beneficial for a representative of the operating company to accompany
the Police when the next of kin of the deceased are informed of the death. In
extreme circumstances, there may be undue delay in allocating a police officer to
notify next-of-kin. In such circumstances, the officer in charge of the Sudden
Death investigation may contact the operating company, with a view to a
company representative notifying the next-of-kin of the death, if this would be
more practical or expedient.
PoliceActionReSuddenDeathsAtSea
The Police on receipt of a notification of a death at sea will
(a) Obtain as much information as possible
(b) Determine which Police Force has jurisdiction over the ship.
The Investigating Officer will call out the appropriate Coroners officer for the
area. The Coroners Officer will discuss the circumstances of the sudden death
with the senior investigating officer and arrange for the formation of the Police
Investigation Team, if appropriate, that is to attend and deal with the sudden
death. The Police Investigation Team may vary but could consist of ;(a) For a sudden death without suspicious circumstances: perhaps no one at all
or a team consisting of the Coroners Officer, Crime Scene Investigator,
Detective Sergeant and Detective Constable. The lead person of this team at
the scene will be the Coroners Officer.
Continued
[108]
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(b) For a fatal accident without suspicious circumstances: perhaps no one at all
or a team consisting of the Coroners Officer, a Crime Scene Investigator, a
Detective Sergeant, two Detective Constables. A Pathologist will be
consulted by the Police Senior Investigating Officer prior to the departure of
the team to the vessel in order to give the Pathologist the option to attend the
scene. The lead person of this team will be the Coroners Officer.
(c) For a sudden death or fatal accident with suspicious circumstances: a Senior
Detective Officer, a Coroners Officer, a Home Office Pathologist, a Senior
Scenes of Crime Officer, a Detective Sergeant and two or more Detective
Constables. The lead person of this team will be the Senior Detective Officer.
Note
1. The appointed Senior Detective Officer will have the option of varying the
composition of the team according to the circumstances of the death.
2. Suspicious circumstance could include any unexplained sudden death or one
resulting from any overt act or omission that may have had a direct influence
on the death ( e.g., relating to Corporate Manslaughter or Health and Safety
obligations)
On arrival at the ship, the police investigation team will report to the Ships
Security Officer / Captain of the Ship, who will brief the team on the
circumstances of the death, hand over evidence / articles taken into his / her
possession, and assemble any witnesses. The SSO / Captain will assist the
team to carry out its investigation speedily and efficiently.
The SSO in conjunction with senior management will need to provide the
police/MCA investigation team with the following:1.
2.
3.
4.
5.
An office to base themselves in

At least one other office in which to take statements from witnesses.
Cabins
Catering arrangements
Access to e-mail, internet and perhaps satellite phones
At all times the SSO / Captain should keep the company shore HQ fully
informed as to progress of the investigation and complete company paperwork
as appropriate.
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[109]
19PhysicalRestraint,Handcuffs,DetentionandCustodyofSuspects
PhysicalRestraint
Physical restraint must only employ the degree of force that is necessary and
reasonable to perform lawful official duties. The method and amount of force or
control used is dictated by the circumstances of the contact and the amount of
resistance presented by the subject.
Security Staff should only use the amount of force necessary:to overcome resistance,
for self defence,
in defence of another,
to prevent self harm,
or to prevent the escape of a detained person.
Under no circumstances will the force used be greater than necessary to
achieve lawful objectives
RespondingtoShipboardIncidentsInvolvingBelligerentPassengers
Responding to incidents onboard ship involving loud, boisterous, drunk, and
belligerent passengers should be dealt with using the lowest level of force and
restraint necessary to de-escalate the situation. Defusing incidents ranging from
complaints of cabin noise to nightclub brawls can be approached using the same
techniques in order of ascending level of force. The responder(s) should take into
account the following:
Threat Assessment: Sizing up what the visual and/or verbal threat might be.
Assess the level of threat recognition to determine the extent of involvement and
outside influences such as the prevalence of alcohol, drugs, weapons, etc.
CommandPresence: How the responder(s) appear to the person threatening i.e.,

by their stance, and being able to gain advantage by positioning oneself between,
behind of, or in front of the threat(s).
Verbal Commands: Command presence and verbal commands may be (politely)

employed by giving firm instructions, using hands, arms to accentuate points and will
usually diffuse most situations.
Control Hold: A body pressure / control point or hold may be employed on the
person to gain control of continuing belligerent behaviour such as a fight or
threatening body language. Pressure points such as hands, wrists, fingers, arms
when used properly, can be used effectively to regain control of the aggressive
person. Under no circumstances should neck pressure points holds be applied.
Continued
[110]
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TakeDowns: From a hold or control position, when a person has to be grounded to

employ restraints, there are a number of effective take down moves that safely land
the person to the deck where restraints can be used, or by further talking the person
into a calmer state before releasing.
Restraints: A number of proven and effective law enforcement restraints may be

carried by security staff when performing security duties. Handcuffs are the most
effective, being easily applied, even under aggressive behaviour. Tight fitting
handcuffs can be loosened at a later point after regaining control of the belligerent
person. Hand cuffs should only be utilised by security staff that have been properly
trained in their use and application.
Handcuffs:
Handcuffs are an easily available method of restraint on board ships. It is important
to remember that handcuffs are a temporary restraining device. They are not
intended for long-term immobilization. Periodic checks should be made of the
subjects hands and wrists to avoid soft tissue or nerve damage. The restrained
subject should be considered a threat, even though restrained. The restrained
subject should be kept under observation at all times.
The use of handcuffs aboard ship is:
To be used as a last resort to contain and control an individual from causing

injury to others or himself.
To be used only by trained personnel
To be removed only when threat no longer exists
To be used only for the purpose of which they are intended restraint.
There are a wide variety of handcuffing techniques and positions. The method
utilized depends on a number of variables that may include:
The subjects mental state. The subject could be under the influence of
alcohol or drugs, or suffering from a medical condition. Never make
assumptions regarding the situation or condition of the individual. Treat all
situations with the same level of respect and professionalism. You are there to
help control the situation and to control the individual from personal injury of
him/her self or others.
Level of cooperation. The subjects level of cooperation will vary depending

on his/her condition. Treat all with unfailing courtesy and professionalism.
Physical characteristics. The subjects physical characteristics (size) can

and will vary. Professionalism, technique, training, and practice will help
regardless of physical characteristics.
Continued
[111]
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Physical position. Where and how you physically position yourself along with
the technique used can always make a situation easier.
Specific surroundings. Never rush into a situation. Always assess the

conditions and be aware of your surroundings. This will avoid escalating the
situation and may prevent possible injury to yourself as well as others.
Level of support present. Whenever possible, never engage in applying

handcuffs without the assistance of another person.
Handcuffs should be carried in such a manner that they can be accessible and ready
for immediate use, but not prominently displayed.
You should always carry two keys with you. One should be readily available for the
removal of the handcuffs, and the other should be concealed on your person for
emergency use.
In general, handcuff the subject first and then conduct a thorough search. The
search procedure should ensure that there are no weapons or foreign objects, which
could be used to pick the locks or to injure him/her self, you, or others (i.e., ball point
pen ink cartridges, pins, metal strips, hair pins, etc.)
DO NOT over tighten the cuffs. Over tightening can cause soft tissue and/or nerve
damage. Perform periodic checks to ensure the subject's hands are in good
condition and to deter any possible escape.
Never handcuff a subject to yourself, to a fixed object, or to a vehicle.
Check to make sure that both cuffs are double locked by applying pressure to each
shackle. If they do not move, the handcuffs are properly double locked.
Removing handcuffs can present as many possible safety threats as applying them.
It is important to follow a handcuff removal procedure that keeps the subject off
balance and discourages an escape attempt or assault. Having other law
enforcement personnel present is highly recommended.
Inspect your handcuffs for wear, damage, and malfunction. Any handcuffs that
become loose working or show signs of wear on the teeth, ratchet, or moving parts
should be removed from service and replaced. Well used handcuffs are much easier
to escape from than new cuffs with close tolerances.
Continued
[112]
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Custody
Custody and Detention is not without risk. Some vessels are equipped with formal
detention facilities, whilst other vessels do not have this infrastructure. Confining
persons to detention or custody should only be contemplated as a last alternative.
Every other available opportunity should be considered. The decision making
process should be comprehensively documented.
The normal definition and meaning of detained should be applied, that is to say; the
individual would not be allowed to leave if they wanted to or they believe they are not
free to leave at any time.
When any person is formally detained, irrespective of reasoning, he/she must be
informed immediately the reasons for their detention. This also applies to persons
who may be directed to their cabins due to intoxication or unacceptable behaviour. It
includes those persons whose own welfare is at risk or for the protection of other
passengers and crew. It also includes persons engaged in or suspected of criminality
of any kind.
It is imperative that all conversations between staff and detainees are accurately
recorded including any comments, words or actions used by the offenders /
suspects.
DetainedPersonRiskAssessment
Could self harm or suicide be an issue?
Is suicide or an attempt likely?
Has this person any obvious medical problems?
Is this person severely agitated or aggressive?
Is this person under the influence of alcohol or drugs?
Is this person depressed or displaying feeling of guilt?
Does this person have injuries consistent with previous self harm?
Has this person threatened self harm?
Is this person irrational or mentally ill?
From inquiries is there any evidence or suggestion of suicidal behaviour?
Have you made inquiries to discover any history of previous mental illness?
Is there any information to indicate significant and recent emotional loss?
Have inquiries indicated they are travelling alone or with family / friends?
Has there recently been some type of conflict with family or friends?
Is this person suffering from some type of major worry or concern?
Has this person displayed any signs of loneliness, worthlessness, helplessness, hopelessness
or nothing to look forward to?
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[113]
After careful assessment and prior to formal detention the Staff Captain and or
Senior Doctor should communicate to the Ship Security Officer all available and
relevant information. This will include actual time frames of physical inspections /
assessments required of the detainee. This can only be achieved after a full risk
assessment of the detainee has been made and includes issues associated with
general health, mental health and state of intoxication.
The higher the risk, the more frequent the inspection and physical assessments must
be.
The first few hours of detention is when a detainee is at greater risk, either from self
harm, illnesses from unknown injuries or intoxication. Depending on all associated
factors, together with information gained, it may be necessary to constantly monitor
the welfare of a detainee for an extended period of time. Set times frames, e.g. 15
minutes, should be avoided unless instructed otherwise by a medical professional or
Staff Captain. Accurate notes of these instructions must be reflected on the detention
/custody log
Prior to placing any person/s into detention / custody they must be searched for
items / implements / drugs or medications capable of causing self harm. This action
must be reflected in the custody log and witnessed. Persons detained and placed
into custody, irrespective of reasoning, will have the following personal property
removed for their own welfare and protection: belt, shoe laces, tie.
Those items, together with any other items removed from the detainees cabin will be
recorded on the custody log and held for safe keeping.
At the direction of the Staff Captain, Doctor or SECO other items including, mirrors,
bedding, curtains or any items contained within the cabin and considered capable of
causing self harm or injury to the detainee and located within the cabin shall be
removed without delay.
A thorough search of the interior of the detainees cabin will be carried out prior to
formal detention. Careful consideration will be given to any item or implement
capable of causing harm to the detainee, staff and other passengers should be
removed and particulars shown on the custody log.
Any medications found on the detainee or within his/her cabin should immediately be
handed over to the Doctor and not retained by security. This action must be reflected
on the custody log.
Continued
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[114]
Urgent medical assistance should be summoned by the responsible Security person

if the following has been attempted or observed:
Cannot rouse the detainee
No verbal response or incomprehensible response
Detainee is moaning, but not responding
Detainee eyes are not opening in response to your request
There is an absence of response to speech and simple requests
Under no circumstances should any crew member, other than a trained Medical
Professional administer any form of medication to any person being detained onboard any vessel.
The amount of reasonable force used will depend on the amount of resistance
encountered. You will be judged on the reasonableness of your actions in the
circumstances at the time. No more force than absolutely necessary should be used.
If an offender/ detainee is violent and objects to being searched you may use
reasonable force. Carefully consider your actions. Do not however use restraints
which constrict air and blood supply to arteries and veins such as; choke holds, neck
restraints or pressure point holds applied above the neck. Always use restraints in
the most humane way possible.
Below is an example of a Custody Assessment Form

To go to a printable copy click here
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[115]
CustodyAssessmentForm
This questionnaire must be completed by the Staff Captain or SECO and retained by
staff engaged in monitoring the personal welfare of this passenger. This form is an
accountable document and upon finalisation of this incident, it should be retained by
the Staff Captain or SECO for future reference.
Full name and date of birth of person being detained, held in custody or
confined to a cabin
Describe the incident which has led to this course of action being taken
Have all other alternatives to detention, custody or confinement to a cabin
been considered?
Names of all persons involved in the decision to detain, hold in custody or
confine to cabin
Have the following been considered;
Yes
No
(Impaired Intellectual functioning)
Yes
No
Yes
No
Yes
No
Yes
No
Is this person excessively despondent or displaying feeling of guilt?
Yes
No
Yes
No
Yes
No
Yes
No
From enquiries is there any evidence or suggestion of suicidal behaviour? Yes
No
Yes
No
Is there any information to indicate significant and recent emotional loss? Yes
No
Yes
No
Is this person a juvenile? (Under the age of 18 years)

Would this person be described as a vulnerable person?
Do enquiries show any history of previous mental illness?

Have inquiries indicated they are travelling alone or with family/friends?
Continued
[116]
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Yes
No
Yes
No
Yes
No
Has this person displayed any signs of loneliness, worthlessness,

helplessness, hopelessness or nothing to look forward to?
AssessmentRecommendations
What are the recommendations and instructions issued by:
Captain.....................................................................................................
..................................................................................................................
Staff Captain ...........................................................................................
..................................................................................................................
Senior Doctor
..................................................................................................................
..................................................................................................................
Ship Security Officer
..................................................................................................................
..................................................................................................................
List the names of persons responsible for management and welfare issues of the
person being held in custody or confined to a cabin
..................................................................................................................
..................................................................................................................
List any specific time frames that have been indicated to monitor/observe the person
being detained, held in custody or confined to a cabin
..................................................................................................................
NB
Are the staff assigned the function of monitoring this person suitably trained and
skilled to perform this duty.
Have they been fully briefed on the nature and circumstances of the incident which
initiated this course of action being implemented?
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[117]
OBSERVATION&INSPECTIONLOG
This log will be completed by the staff assigned to monitor and observe the person
Time/Date Log
Commenced
..........................
Time/Date
Name of Person Detained
............................................................
Observations/Comments/ Actions
[118]
Special Warnings
.....................................
.....................................
Name and Signature
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20Jurisdiction
The current situation is as set out below, however this may change in the future
S. 281 of The Merchant Shipping Act 1995
Jurisdictionforoffencesonboardship
Where any person is charged with having committed any offence under this Act
then
(a) if he is a British citizen and is charged with having committed it
(i) on board any United Kingdom ship on the high seas,
(ii) in any foreign port or harbour, or
(iii) on board any foreign ship to which he does not belong; or
(b) if he is not a British citizen and is charged with having committed it on board any
United Kingdom ship on the high seas;
and he is found within the jurisdiction of any court in any part of the United Kingdom
which would have had jurisdiction in relation to the offence if it had been committed
on board a United Kingdom ship within the limits of its ordinary jurisdiction to try the
offence that court shall have jurisdiction to try the offence as if it had been so
committed.
S.282OffencescommittedbyBritishseamen
(1) Any act in relation to property or person done in or at any place (ashore or afloat)
outside the United Kingdom by any master or seaman who at the time is employed in
a United Kingdom ship, which, if done in any part of the United Kingdom, would be
an offence under the law of any part of the United Kingdom, shall
(a) be an offence under that law, and
(b) be treated for the purposes of jurisdiction and trial, as if it had been done
within the jurisdiction of the Admiralty of England.
(2) Subsection (1) above also applies in relation to a person who had been so
employed within the period of three months expiring with the time when the act was
done.
(3) Subsections (1) and (2) above apply to omissions as they apply to acts
To view the full wording of The Merchant Shipping Act 1995 click here
Continued
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[119]
WhichPoliceForceWillDeal
Where an offence is committed on a UK ship on the high seas and an investigation
by an English or Welsh police force is found necessary
(i)
(ii)
(iii)
(iv)
If the ship is coming from or going to a country outside of the United

Kingdom (ie other than England, Scotland, Wales or Northern Ireland) but
its port of departure or destination is in England or Wales, the investigation
should be conducted by the force in whose area that port is situated.
If the ports of departure and destination are both in the United Kingdom,
the investigation should be conducted by whichever force is more
conveniently placed to undertake the investigation (this will probably be
the force in whose area the port of destination is situated)
If a United Kingdom registered ship is not proceeding to a port in the
United Kingdom, the investigation should be carried out by the
Metropolitan Police.
In the case of offences committed on United Kingdom registered British
ships abroad all necessary action is co-ordinated by the Department of
Trade, Marine Division, Branch MAR 1B (telephone 01 405 6911 ext 3265
or 3261) in consultation with the Director of Public Prosecutions. Where
powers under the Merchant Shipping Act are used to send a seaman
charged with an offence to the United Kingdom for trial, the Director of
Public Prosecutions will instruct the appropriate force.
The following map shows the maritime areas covered by UK coastal police forces.
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[120]
S20
[121]
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ApplicationtoshipsofgeneralUKcriminallawandjurisdictionofpolice
forcesinEnglandandWales
Offence
type
Indictable
Flag
Offender
Any
British citizen
UK criminal law applied

by
s.2 TWJA
Indictable
Any
Not British citizen
s.2 (but NB s.3) TWJA
Summary
UK
British citizen
Summary
UK
Not British citizen
Summary
Non-UK
Summary
Non-UK
Summary
Non-UK
British citizen not

belonging to the ship
British citizen belonging
to the ship
Not British citizen
s.281(a)(i) MSA & s.3A

MCA
s.281(b) MSA & s.3A
MCA
s.281(a)(iii) MSA & s.3A
MCA
NONE
Location of
Offence
UK territorial
waters
UK territorial
waters
UK territorial
waters
UK territorial
waters
UK territorial
waters
UK territorial
waters
UK territorial
waters
High seas
Any
UK
British citizen
High seas
Any
UK
Not British citizen
10
High seas
Any
Non-UK
11
High seas
Any
Non-UK
12
High seas
Any
Non-UK
British citizen not

to the ship
Not British citizen
13
Non-UK territorial waters

Non-UK port
Any
UK
British citizen
Any
UK
Not British citizen
Any
Non-UK
Any
Non-UK
Any
Non-UK
British citizen not

to the ship
Not British citizen
Any
Any
British citizen
Non-UK port not

in High seas
Any
Any
Not British citizen
1
2
3
4
5
6
7
14
15
16
17
18
19
NONE
s.281(a)(i) MSA & s.3A
MCA
s.281(b) MSA & s.3A
MCA
MCA
NONE
NONE
s.281(a)(i) MSA & s.3A
MCA
s.281(b) MSA & s.3A
MCA
MCA
NONE
NONE
s.281(a)(ii) MSA & s.3A
MCA
NONE
Abbreviations
TWJA = Territorial Waters Jurisdiction Act 1878
MSA = Merchant Shipping Act 1995
MCA = Magistrates Courts Act 1980 (s.3A of this Act is identical to s.46A of the
Supreme Court Act 1981)
PA
= Police Act 1996
UK
= United Kingdom ship as defined in section 1(3) of the MSA.
[122]
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JurisdictionofpoliceforcesinEnglandandWales
Under section 30 of the Police Act 1996, police forces in England and Wales have
jurisdiction in relation to an offence committed on a ship whenever, but only so long
as, the ship, victim, alleged offender or some other element of the offence is in the
United Kingdom, or in UK internal waters or the UKs territorial sea. This applies
irrespective of where the ship was when the offence was committed.
Except in the cases covered by notes 1 and 2 below, however, even where UK
criminal law and/or police jurisdiction technically extends to non-UK ships, whether
the UK should actually exercise criminal enforcement powers in a particular case
may depend on Article 27 of the United Nations Convention on the Law of the Sea.
This applies a presumption against the exercise of criminal jurisdiction by one State
on board a ship from another State except in limited circumstances; and breach of
this could lead to the UK facing legal proceedings in an international tribunal, with
significant foreign policy and resource implications.
If ever such action is
considered, the MCA must be consulted and they in turn will need to consult DfT(c)
and FCO before the action is taken.
Notes
1.Offencesofuniversaljurisdictionininternationallaw
As a matter of international law, every State can take criminal proceedings for acts of
piracy, slave trading, genocide, and war crimes wherever they take place. As a
matter of UK law, the UK can only do this in cases where UK law on these particular
subjects applies.
2.Offencesunderinternationalagreements
Some international agreements (e.g., Treaties, Conventions, etc) allow or require the
States that are party to them to apply their laws implementing the agreements to
ships from other States parties, and/or persons on those ships, in certain
circumstances. Where the UK has implemented such an agreement by creating
criminal offences, the specific UK implementing legislation may apply those
particular criminal offences to ships from other States party to that agreement, and/or
persons on them, in situations where those offences would not otherwise apply.
3.OtheroffencessubjecttoUKextraterritorialjurisdiction
Various provisions in UK legislation allow for the prosecution in the UK of specific
offences committed on board ships in situations where the general criminal law of
the UK as outlined in the table does not apply. These include drug trafficking
offences on ships registered in the United Kingdom or any colony (Part II of the
Criminal Justice (International Co-operation) Act 1990);
[123]
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PoliceJurisdictionatSea
The extent of police powers at sea is governed by the category of waters. Starting
from the coastal baseline (the low tide level) the extent of police powers within the
relevant seaward limits are as follows:
a) Territorial Sea (coastal baseline to 12 nautical miles)
Section 30(1) of the Police Act 1996 applies the powers of a constable throughout
England and Wales and the territorial waters of the United Kingdom. By virtue of sub
sections 6(1)(b) and 10(1) of the Police Act 1996 Police Authorities and Chief
Officers of individual police forces are respectively responsible for the actions of
police officers at sea.
This includes the powers of police to investigate, detect and prevent crime under the
Police and Criminal Evidence Act (PACE) 1984. For example, where appropriate the
following powers under PACE can be exercised by constables operating within the
limits of territorial waters:
section 1 - stop and search (subsection 2(10) of PACE specifically applies the power to stop
and search vehicles to vessels, aircraft and hovercraft)
sections 8 and 9 - enter premises under warrant (apply to vessels by virtue of the definition of
premises in section[s] 23 [and 118] of PACE)
sections 17, 18 and 32(2)(b) - enter premises without warrant (apply to vessels by virtue of the
definition of premises in section[s] 23 [and 118] of PACE)
section 24 - arrest without warrant
section 30A - issue bail elsewhere that at a police station
section 46A - arrest for failure to answer police bail (although there is no power of entry for the
purpose of exercising this power)
section 64A(1A) - photograph a person elsewhere than at a police station under
Similarly powers under the Terrorism Act 2000 may also be exercised by constables
operating within the limits of territorial waters.
However, Under Article 27 of the United Nations Convention on the Law of the Sea
(UNCLOS) a coastal state should not exercise its criminal jurisdiction or arrest
person or to conduct any investigation in connection with a crime committed on
board during its passage unless
i)
ii)
iii)
iv)
the consequences of the crime extends to the coastal State

the crime is of a kind that will disturb the peace of the country or the good order of the
territorial sea
the assistance of the local authorities has been requested by the master of the ship or by a
diplomatic agent or consular officer of the flag State, or
such measures are necessary for the suppression of illicit traffic in narcotic drugs or
psychotropic substances.
[124]
Parts XI and XII of UNCLOS also provide coastal States with powers to investigate
offences relating to pollution control and the protection and preservation of the
marine environment.
Continued
b) Contiguous Zone (outer edge of the territorial sea to 24 nautical miles from
the coastal baseline)
TOP
Article 33 of UNCLOS enables a State to exert limited control for the purpose of
preventing or punishing infringements of its customs, fiscal, immigration or sanitary
laws and regulations within its territory or territorial sea.
Under Article 111 of UNCLOS competent authorities of a coastal State have the right
of hot pursuit where they have good reason to believe that the ship has violated the
laws and regulations of the State. The pursuit must have commenced when the ship
in question is within the States internal waters, archipelagic waters, territorial sea or
contiguous zone.
c) Exclusive Economic Zone (up to 200 nautical miles perpendicular from the
coastal baseline)
Under Article 73 of UNCLOS coastal states may board, inspect, arrest and
commence judicial proceedings as necessary to ensure compliance with the laws
and regulations of the coastal State that have been adopted in conformity with the
Convention.
Article 111 of UNCLOS (the right of hot pursuit) applies to the Exclusive Economic
Zone (EEZ), although the right to pursuit may only be continued if the pursuit has not
been interrupted.
d) Continental Shelf (200 nautical miles from the coastal baseline to the
continental margin)
The right of hot pursuit under Article 111 of UNCLOS applies equally to the
continental shelf as it does to the EEZ.
[125]
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21CoronersJurisdiction
HM Coroners have jurisdiction over specified land areas that, on the coast extend to
the low water mark. However, unlike the police, Coroners have no formal specific
jurisdiction over the seas. When a person dies at Sea, it is normally the coroner in
whose jurisdiction the body is landed who investigates the death, if this is necessary.
If the body is not so landed (e.g. is buried or cremated abroad), the coroner does not
have jurisdiction.
If a body is brought into the UK from a ship registered overseas, the Coroner must
deal as if the death had occurred in his / her area.
In the event of a body being lost or a person reported missing at sea, initially the
police will treat him / her as a missing person. If the investigations (which will
normally be investigated by Detective Officers and a Crime Scene Investigator) show
that he / she could be presumed dead at sea, the police will submit a report to the
Coroner nearest to the loss, i.e., the Coastal Coroner.
However, the Coroner cannot hold an inquest, but must report the results o the
investigations to the Home Secretary, who will examine the evidence. The Home
Secretary may find in the following ways:
1. If the body is likely to be found he /she will usually instruct the coroner to await the
recovery of the body.
2. If the body is unlikely to come to light, the Home Secretary may authorise an
inquest and may refer the matter to the Registrar General of Shipping and
Seamen in Cardiff, or the Off Shore Dept of The Health and Safety Executive, or
the MCA.
[126]
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22Legislation
TheMerchantShippingAct1995
This act controls much of what happens on a British ship.
The most relevant sections are:58. Conduct endangering ships, structures or individuals.
59. Concerted disobedience and neglect of duty.
60. Breaches by seamen of codes of conduct.
85. Safety and health on ships.
101. Offences in connection with passenger ships.
102. Power to exclude drunken passengers from certain passenger ships.
103. Stowaways.
104. Unauthorised presence on board ship.
105. Masters power of arrest.
106. Unauthorised persons: offences relating to safety.
108. Returns of births and deaths in ships, etc.
117. Drunkenness on duty.
118. Unauthorised liquor.
119. Disciplinary offences.
128. Prevention of pollution from ships etc.
271. Inquiries into deaths of crew members and others.
272. Reports of and inquiries into injuries.
273. Transmission of particulars of certain deaths on ships.
279. Jurisdiction in relation to offences.
280. Jurisdiction over ships lying off coasts.
281. Jurisdiction in case of offences on board ship.
282. Offences committed by British seamen.
286. Depositions of persons abroad admissible.
Continued
[127]
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287. Admissibility in evidence and inspection of certain documents.

288. Admissibility of documents in evidence.
289. Inspection and admissibility in evidence of copies of certain documents.
290. Proof, etc of exemptions.
291. Service of documents.
To view the full wording of The Merchant Shipping Act 1995 click here
[128]
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ThePoliceandCriminalEvidenceAct1984
This piece of legislation controls just about ALL of the things that happen to a
person when they are a suspect or have been arrested for a criminal offence.
Breaches of this may result in evidence being excluded at a court.
The more important parts of PACE govern;Search
Arrest
Caution
Interviewing
Identification
To see the full list of Sections click on the link below
Police and Criminal Evidence Act 1984
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[129]
RegulationofInvestigatoryPowersAct2000
The most important areas covered by this act are:The interception of communications
The acquisition and disclosure of data relating to communications
The carrying out of surveillance
The use of covert human intelligence sources
To see the full Act click here
TheCriminalProcedureandInvestigationsAct1996
This act has a big impact on all criminal investigations.
It deals with the retention and disclosure of evidence
The basic rule is the three Rs
RRR
Relevant is it relevant to the enquiry?
Retain keep all relevant documents
Reveal Disclose
The tests in deciding what should be disclosed are;1. Does it undermine the prosecution case
2. Would it assist the defence case
This means that all relevant documents (which are most of them) must
be kept and later disclosed to the defence solicitors. This will include
rough notes, sketch plans, pocket notebooks etc.
For the full text of the act click below
The Criminal Procedure and Investigations Act 1996
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[130]
23Police/ExternalAgencyAssistance
Any formal request for UK Police assistance outside of UK Territorial waters must be
made via the Company Head Office to either the Home Office or the Foreign and
Commonwealth Office for them to determine the appropriate police force to support
an investigation or ongoing incident.
If the vessel is within UK Territorial waters, then a request could be made from
Company Head Office direct to the local force in whose waters the vessel may be.
(See map in S. 20)
Depending upon the severity of the incident, if the Police deem that the situation is
beyond their capabilities to deal with then the senior police officer in charge (Gold
Commander) could request the assistance of other agencies such as the MCA or the
Military.
24MilitaryAssistance
Depending upon the severity of the incident, if the Police deem that the situation is
beyond their capabilities to deal with then the senior police officer in charge (Gold
Commander) could request the assistance of other agencies such as the MCA or the
Military.
25OtherAgencies
MAIB
The Marine Accident Investigation Branch (MAIB) examines and investigates all
types of marine accidents to or on board UK vessels worldwide, and other vessels in
UK territorial waters.
As far as the MAIB is concerned, the sole objective of investigating an accident is to
determine its circumstances and causes, with the aim of improving the safety of life
at sea and the avoidance of accidents in the future. It is not the purpose to apportion
liability, nor, except so far as is necessary to achieve the fundamental purpose, to
apportion blame.
They do not enforce laws or carry out prosecutions.
Click on the link below to go to the MAIB website
http://www.maib.gov.uk/home/index.cfm
[131]
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TheMaritimeandCoastguardAgency
The Maritime and Coastguard Agency is a UK executive agency of The Department
of Transport working to prevent the loss of lives at sea and is responsible for
implementing UK and International maritime law and safety policy.
The main areas of work are:Maritime Search and Rescue (SAR), including coordinating incidents on the shores
of the UK and at sea, through Her Majesty's Coastguard (HMCG).
Ensuring that UK ships and foreign ships visiting UK ports meet international and UK
safety standards.
Testing and licensing of ships' officers and crew to STCW requirements.
Port and flag state control of shipping through a network of Marine Offices.
Enforcement and prosecution of maritime legislation.
Development of international standards and policy for shipping through the
International Maritime Organization.
Monitoring and preventing coastal water pollution.
Its motto is "Safer Lives, Safer Ships, Cleaner Seas".
Click here to go to the MCA website
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[132]
TheDepartmentforTransport(DfT)
Transec aims to protect the travelling public, transport facilities and those employed
in the transport industry, primarily from acts of terrorism. Transec aim to retain
public confidence in transport security without imposing requirements that impact on
the way they travel.
The Transport Security team is also responsible for transport contingency
arrangements in response to any actual or threatened disruption.
In particular, they are responsible for security in aviation, land and maritime
transport;
Transec also deals with National security standards and instructions relating to the
security of UK ports, passenger and cargo shipping.
Maritimesecurity
This section includes information on the National Maritime Security Programme as
well as guidance and training for industry personnel
Click here to go to the Dept of Transport Maritime page
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[133]
InternationalMaritimeOrganisationIMO
Shipping is perhaps the most international of the world's industries, serving more
than 90 per cent of global trade by carrying huge quantities of cargo cost effectively,
cleanly and safely.
The ownership and management chain surrounding any ship can embrace many
countries and ships spend their economic life moving between different jurisdictions,
often far from the country of registry. There is, therefore, a need for international
standards to regulate shipping - which can be adopted and accepted by all. The first
maritime treaties date back to the 19th century. Later, the Titanic disaster of 1912
spawned the first international safety of life at sea - SOLAS - convention, still the
most important treaty addressing maritime safety.
The Convention establishing the International Maritime Organization (IMO) was
adopted in Geneva in 1948 and IMO first met in 1959. IMO's main task has been to develop
and maintain a comprehensive regulatory framework for shipping and its remit today
includes safety, environmental concerns, legal matters, technical co-operation,
maritime security and the efficiency of shipping.
A specialized agency of the United Nations with 168 Member States and three
Associate Members, IMO is based in the United Kingdom with around 300
international staff.
To go to the IMO homepage click here
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[134]
26Language&Interpreters
It is a fact that on a ship there are many different languages spoken by crew and
passengers alike.
In general day to day events this is not a problem and we manage to make one
another understand.
In dealing with a situation which may later end up as the subject of a court case then
great care must be taken to ensure that everyone involved understands properly
what is being said or read to them.
This will never be easy to resolve at sea and may mean that some things are
postponed until the ship docks and a proper interpreter can be utilised.
If taking a statement from a witness who does not speak English then the correct
procedure to follow is shown below.
If the witness cannot speak English at all then an interpreter should be used.
The correct way for this to be done is as follows:The Security Officer asks the questions and obtains the account which the
Interpreter writes down in the foreign language.
The witness then reads and signs the foreign language copy.
The interpreter then writes a statement in English stating that on date and time they
acted as an interpreter and wrote a statement in whatever language for the witness.
They then write an English translation of the statement which they produce as an
exhibit in their statement.
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[135]
27CrownProsecutionService
Crown Prosecution Service

4th Floor50 Ludgate Hill
London EC4M 7EX
0207 796 8000
www.cps.gov.uk
Role
The Crown Prosecution Service is the Government Department responsible for
prosecuting those charged with a criminal offence in England and Wales.
As the principal prosecuting authority in England and Wales, it is responsible for:
Advising the police on cases for possible prosecution.

Reviewing cases submitted by the police.
Selecting (in most cases) the appropriate charge.
Preparing cases for court.
Presentation of cases at court.
The role of the Service is to prosecute cases firmly and fairly, with impartiality and
integrity when there is sufficient evidence to provide a realistic prospect of conviction
and when it is in the public interest to do so.
Responsibilities
The Crown Prosecution Service (CPS) was created by the Prosecution of Offences
Act 1985, and is an independent body that works closely with the police. It is headed
by the Director of Public Prosecutions (DPP).
With headquarters in London, York and Birmingham, it operates under a structure of
42 geographical Areas in England and Wales. These Area offices are headed by a
Chief Crown Prosecutor and correspond with the boundaries of 43 police forces in
England and Wales.
Continued
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[136]
Powers
The Crown Prosecution Service is the principal prosecuting authority in England and
Wales. It is responsible for advising the police on cases for possible prosecution,
reviewing cases submitted by the police, selecting the charges (in most cases),
preparing cases for court and the presentation of cases at court. The general
principles to be applied when making a decision about prosecution are set out in the
Code for Crown Prosecutors. Crown Prosecutors must first be satisfied that there is
sufficient evidence to provide a realistic prospect of conviction. Only if there is
sufficient evidence will consideration be given to the second test, which is whether a
prosecution is required in the public interest. A prosecution will usually be brought
unless public interest factors tending against a prosecution that outweigh those
tending in favour.
The CPS does not investigate offences. The police contact the CPS during or after
an investigation, either to seek legal advice or to refer the case for prosecution.
[137]
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28MediaProtocol
Unlike an on shore incident, there is no accessible scene for the company or the
Police to deploy staff or media to attend a significant incident. Information regarding
the incident and efforts to deal with such information is fed into and available from
the companys Emergency Response Room (ERR).
The company, the Police and the MCA depending on the location and type of the
incident each have their own media response arrangements in place. Each shares
common priorities such as reputation, but also has other priorities particular to their
organisation and responsibilities.
TheNeedforCooperation
Without on-going liaison among these organisations during an incident, there is a
possibility of conflicting information and messages reaching the media and a
potential for resultant harm for example, to victims families, to an investigation or
to future criminal proceedings.
The aim, therefore, is to minimise these risks by ensuring that each partner has
advance sight of the others information for media release and receives a copy of the
final release. This will only be effective if the SSO ensures that the company are in
receipt of all information pertinent to the event as it progresses.
KeyRolesofPartnerRepresentatives
For major incidents, an important factor for such liaison is the presence of partner
representatives in key locations. The Police will have a Police liaison officer in the
companys ERR and also depending on the incident in the MRCC where the
company will also have a representative.
While the prime role of these representatives is to assist in other ways, this protocol
is based on their also having an involvement in facilitating the exchange of
information and ensuring its suitability for release.
Incident information will reach the company from the SSO to its ERR. Search and
Rescue information will be received in the MRCC.
The Police representatives will pass this information to the force Control Room
whose command and control system is accessible to the Police Media team.
The company representative at the MRCC can pass MCA information back to the
ERR.
MCA media personnel are able to remotely access MCA information.
The Police will also have information on Police activity and Casualty Bureau.
While information will be shared, its accuracy has to be determined before any
action, particularly a media release, is based on it.
The advance view by partners of each others releases is an important safety valve
in this process.
[138]
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PartnerResponsibilitiesforIssueofInformation
Each partner will:
Be responsible for the release of information for which they are the primary source.
Ensure that the other identified partners have advance sight of information to be
released.
Give ten minutes for response unless there is mutual agreement for longer.
Provide a written reason if a partners amendment is not accepted.
Provide partners with a copy of the final release no later than its media distribution.
Only use information provided by other partners once it has been released.
RequirementsoftheLegalsystem
This protocol has been developed for incidents taking place within the jurisdiction of
the UK legal system, but may be common across the legislative procedures of other
world countries.
Every incident has the potential for criminal investigation by the UK Police.
It is very important, therefore, that all parties are aware of issued guidelines on
media relations, primarily to ensure that any possible future criminal proceedings are
not prejudiced and the Contempt of Court issues are not contravened.
The identified Police Liaison Officer can advise on the detail, but in general, all
parties involved in providing information to media, should bear the following points in
mind:
There should be no speculation or conjecture as to the cause of the incident.
Only confirmed information as to the number of casualties, fatalities or persons
involved in the incident should be given.
Personal details of fatalities or casualties who have sustained serious injuries should
only be released after the next of kin have been informed.
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[139]
DutiesofRepresentatives
In the Company, the Police Liaison Officer will:
Facilitate the exchange of communication retails (telephone, fax, email address)
between the Company and the Police Media Cell.
Be shown company releases which (s)he can agree on the spot or consult with the
Police Media Cell. This may involve using fax to send the release to the cell.
Receive by fax or email a copy of Police releases which should be passed to the
company media personnel for consideration. Feedback to the Police should normally
be through the officer. Ten minute rule to apply.
In the MRCC, the Company Representative will:
Facilitate the exchange of communication retails (telephone, fax, email address)
between the MCA and the Company ERR.
Be shown MCA releases which (s)he can agree on the spot or consult with the ERR.
This may involve using fax to send the release to the Company ERR.
Receive by fax or email from the ERR a copy of company releases which should be
passed to the MCA personnel for consideration. Feedback to the ERR should
normally be through the company representative. Ten minute rule to apply.
MediaRelationsatotherlocations
As media cannot attend an offshore incident, it is highly likely that they will go to a
Survivor Reception Centre in the hope of first hand information from and about
survivors /casualties.
Both the company and the Police will be at the Centre, including Media Office / Cell
representatives.
Given that there will be an investigation following the incident in which the partners
have different roles, this co-operative approach requires that all parties adhere to
known facts and avoid any speculation in communicating with media.
PartnerResponsibilitiesforMediaConferences,BriefingsandInterviews
Each partner will;
Speak about matters for which they have responsibility and information for which
they are the primary source.
Share (where possible in advance) with the other partners any new information
released.
Only use information provided by either partners once it has been released.
Adhere to known agreed facts and avoid any speculation.
Continued
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[140]
LaterStages
It is recognised that these arrangements are designed for an incident that is ongoing, during the emergency phase, and that primacy will move elsewhere once an
investigation is underway.
This is clearly dependant on aspects of the investigation. The Police and Crown
Prosecution Service will be involved as may the HSE, MAIB and MCA Enforcement
Unit with concurrent investigations.
Primacy will also depend on whether the incident occurs in international waters
which will involve a foreign flagged Police Service. This would become a matter for
the flag state.
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[141]
29UsefulLinks
Crown Prosecution Service - CPS
Legislation
The Merchant Shipping Act 1995
The Criminal Procedure and Investigations Act 1996
Regulation of Investigatory Powers Act 2000
Police and Criminal Evidence Act 1984
Authors of this work
Detective Sergeant Paul Campbell
Detective Constable Glen Burchall
Hampshire Constabulary
Hampshire Constabulary
Special Branch
Major Crime Department
paul.campbell@hampshire.pnn.police.uk
glen.burchall@hampshire.pnn.police.uk
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[142]
Annexes
30PROFORMAS
[143]
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CustodyAssessmentFormPage 1 of 4
This questionnaire must be completed by the Staff Captain or SECO and retained by
staff engaged in monitoring the personal welfare of this passenger. This form is an
accountable document and upon finalization of this incident, it should be retained by
the Staff Captain or SECO for future reference.
Full name and date of birth of person being detained, held in custody or
confined to a cabin
Describe the incident which has led to this course of action being taken
Have all other alternatives to detention, custody or confinement to a cabin been

considered?
Names of all persons involved in the decision to detain, hold in custody or confine
to cabin
[144]
Page2of4
Have the following been considered;
Yes
No
(Impaired Intellectual functioning)
Yes
No
Yes
No
Yes
No
Yes
No
Is this person excessively despondent or displaying feeling of guilt?
Yes
No
Yes
No
Yes
No
Yes
No
suicidal behaviour?
Yes
No
Do enquiries show any history of previous mental illness?
Yes
No
Yes
No
or with family/friends?
Yes
No
Yes
No
Yes
No
Yes
No
Is this person a juvenile? (Under the age of 18 years)

Would this person be described as a vulnerable person?
From enquiries is there any evidence or suggestion of
Is there any information to indicate significant and recent

emotional loss?
Have inquiries indicated they are travelling alone
Has this person displayed any signs of loneliness, worthlessness,

helplessness, hopelessness or nothing to look forward to?
[145]
AssessmentRecommendations
What are the recommendations and instructions issued by:
Captain.....................................................................................................
..................................................................................................................
Staff Captain
..................................................................................................................
..................................................................................................................
Senior Doctor
..................................................................................................................
..................................................................................................................
Ship Security Officer
..................................................................................................................
..................................................................................................................
[146]
Page 3 of 4
Page 4 of 4
List the names of persons responsible for management and welfare issues of the person
being held in custody or confined to a cabin
..................................................................................................................
..................................................................................................................
List any specific time frames that have been indicated to monitor/observe the person being
detained, held in custody or confined to a cabin
..................................................................................................................
NB
Are the staff assigned the function of monitoring this person suitably trained and skilled to
perform this duty.
Have they been fully briefed on the nature and circumstances of the incident which initiated
this course of action being implemented?
[147]
Observation&InspectionLog
This log will be completed by the staff assigned to monitor and observe the person
Time/Date Log
Name of Person Detained
Special Warnings
Commenced
.........................................
..............................
Time/Date
...................................................................
Observations/Comments/ Actions
[148]
.........................................
Name and Signature
RapeInvestigationForensicConsiderations
EarlyEvidenceKits
These are modular kits for the collection of a urine sample and/or a mouth wash
from a victim of sexual assault.
The kit should be utilised as soon as possible after the offence is reported.
This is to aid comfort/welfare of the victim and to ensure timely retrieval of samples;
a) Urine where alcohol and drugs analysis may be required
b) Mouth wash where the incident involves an allegation of a penis being
put in the mouth of the victim.
This kit does not replace the need for a medical examination.
Each kit contains all equipment necessary for the taking, and subsequent packaging,
of samples along with an instruction sheet and consent form.
Do not use a kit after its expiry date.

The kits can be used by any officer/ships security you should not wait for the medical
to use this kit. There is no necessity for the officer/security officer to be the same
gender as the victim. When using a kit a person should;
1.
2.
3.
4.
5.
6.
7.
8.
9.
Explain why they need to take the samples

Explain the procedure
Ask for the victims consent
Check expiry date on the kit
Ensure the seals are intact on a new kit
Remember to wear gloves provided
Consider privacy and confidentiality (it may be an issue even within the family)
Follow the instruction sheet in the kit
Storage Urine can be stored in the fridge if the sample is going to be
submitted early i.e. the next few days if not both the Urine and Mouth Wash
can be frozen.
This initial collection will be prior to a medical examination. If the victim wishes to
pass a second urine sample the EEK kit has a second sampling kit to cater for this.
If an EEK has been used please ensure the medical examiner is aware. It does not
negate the fact that additional samples will still need to be taken in the forensic
medical.
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[149]
ExhibitLabel
EXHIBIT LABEL
Ideallytheselabelsshouldbeprintedonstrongcard
andsecurelyattachedtotheexhibit
CASE NAME
................................................
EXHIBIT REF
No.................................................
DESCRIPTION
......................................................
......................................................
......................................................
......................................................
......................................................
TIME/DATE SEIZED
......................................................
WHERE SEIZED
......................................................
SEIZED/PRODUCED BY
......................................................
SIGNATURE
......................................................
CONTINUITY
2.
NAME............................................
SIGNATURE................................
TIME/DATE.................................
3.
NAME...........................................
[150]
SIGNATURE................................
TIME/DATE.................................
4.
NAME...........................................
SIGNATURE................................
TIME/DATE.................................
5.
NAME...........................................
SIGNATURE................................
TIME/DATE.................................
6.
NAME...........................................
SIGNATURE................................
TIME/DATE.................................
7.
NAME...........................................
SIGNATURE................................
TIME/DATE.................................
[151]
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ExhibitsLog
Log of Items Recovered from Search or Seizure
Identification
Reference
Number
Description
Timeand
Dateof
Seizureor
Production
Locationof
Seizureor
Production
Person
Seizingor
Producing
Timeand
Date
Deposited
Location
of
Property
Exactly
wherefound
Fullname
andtitle
Timeand
date
handedto
you
Whereis
itnow
securely
stored
Theinitialsof
thefinderand
asequential
number
FullDescription
Timeanddate
found
[152]
RefusalofServicelog
NAME OF COMMENTS
PASSENGER
REASONS
STAFF
&
DATE
NAME and
FOR
LOCATION
WHO
SIGNATURE
&TIME
CABIN
REFUSAL REFUSED
OF
NUMBER
SERVICE MANAGER
[153]
SceneAttendanceLog
Date
Name/Rank/Title
Reason for
attendance
[154]
Time In
Time
Out
Signature
(log Keeper)
RESTRICTED
ReportofDeathtoOfficialCoroner
Section 1 - Details of Deceased

1
Full Name:
Maiden Name (if applicable):
Date of Birth Age:

Town, District and Country of birth:
Nationality:
Passport Number:
Ethnic Appearance;
Religion:
Marital Status (Single/Married! Widowed/Divorced/Co-habiting):
Home Address (Give full details)
Home Telephone Number:

Business Telephone number
Mobile Phone Number
Occupation (last full time occupation if retired):
If deceased was a widow/widower give name and occupation of last husband/wife:
If deceased was married, details of surviving spouse / partner:

Full Name:
Date of Birth:
Address:
Home Telephone Number:
Business Telephone number:
Mobile Phone Number:
E-mail:
If deceased under age 16 years; Name, address, date of birth and occupation of both
parents/guardians/carers (please indicate):
[155]
Section 2 - Details of Death
10
Time and date deceased was found:
11
By whom found (Full details and state relationship to deceased):
12
Where (Exact location):
13
Time and date last seen alive:
14
By whom (Full details and state relationship to deceased):

Death confirmed at:(time, date and place)
By whom:
15
Position of ship at time death confirmed: (If at sea give Latitude and Longitude)
High Seas / Territorial waters / Port
Country.........................................
16
Ships Master Informed (Time/Date)

By whom:
Company Security Head Office Informed (Time/Date)
By whom:
Section 3 - Identification
17
Body identified to Ships Officer by: (full details including time and date)
18
Body identified to police by: (full details including time and date)
19
Body tagged by: (full details including time and date)

Section 4 - The Circumstances
20
21
22
Relate the circumstances leading up to the death. Include any significant events in the last few
days, and the deceaseds actions during the hours prior to death.
Describe in detail the circumstances in which the body is now found. Any marks of
violence/injury, which side laying on, clothing, notes, location of medication and anything else
which may be a factor in the death. Take photographs.
Describe and seize all relevant exhibits and photograph in situ where necessary e.g. location,
medication.
Specify the reasons why this does not require a criminal investigation.
23
[156]
Section 5 - Medical Details:
24
Name, address and contact number of deceaseds GP:
25
Doctors details:
Date last seen by a Doctor:
Did the deceased suffer from any of the following:
a. A long standing illness or condition
b. A recent illness or condition
26
c. A recent fall or accident

d. Any recent fractures
e. Any recent operation
27
f. Any infectious diseases

* If any of the above were yes please give details, and of anything else you consider may have
contributed towards death:
What, if any, treatment or medication was the deceased receiving? (Please include the condition
this was prescribed for (if known)):
Section 6 - Next of Kin Arrangements
28
Next of kin(s) name

Full address
Telephone numbers:
29
Next of kin notified by (Specify full details of person if known):
30
At (Date and time):
31
Persons moving body off ship:

Time/Date:
Body taken to:
Family/Next of Kin Wishes
32
Cremation / Burial / Not known at present
33
Undertaker dealing with funeral (if known):
34
Photographs taken: Yes/No

By
Any Other Info:
35
Ships Security Officer Dealing
Ships Master
Print Name
Print Name
(signature)
(signature)
[157]
TelephoneBombThreats
ActiononReceiptoftheCall
1.
Notethetime
hrs
2.
Wherethecallersnumberisdisplayed,recordthenumber
3.
Switchthetaperecordingequipmentifavailable
4.
Tellthecallerwhichtown/districtyouareansweringfrom
5.
Inallcases,recordexactwordingofthreatandincludeexactcodeword(s)usedifany
(ifpossibleaskquestionsbelow).Whencallends,usethe1471facilityifavailable,
toattempttotracethecall).
Ifpossible,askthefollowingquestions:
6.
Whenisitgoingtoexplode?
___________________________________
7.
Whereisthebombrightnow?
___________________________________
8.
Who/Whatisthetarget?
___________________________________
9.
Whatdoesitlooklike?
___________________________________
10.
Whatkindofbombisit?
___________________________________
11.
Whatwillcauseittoexplode?
___________________________________
12.
Didyouplacethebomb?
___________________________________
13.
Why?
___________________________________
14.
Whatisyourname?
___________________________________
[158]
15.
Whatisyouraddress?
___________________________________
16.
Whatisyourtelephonenumber?
___________________________________
AboutTheCaller
Male
Female
Nationality
ThreatLanguage:Wellspoken
Irrational
Age
Tapeplayed Foul
IncoherentSpontaneousMessagereadbythreatmaker
CommandofLanguage:GoodPoor
AnyOtherComments
CallersVoice:
CalmCryingClearingThroatAngryNasalSlurred
ExcitedStutterDisguisedSlowLispAccentRapidDeep
FamiliarHoarseLoudSoftAccent?
Ifthevoicesoundedfamiliar,whodiditsoundlike:
Backgroundsounds:
StreetNoisesHouseNoisesCrockeryAnimalNoises
[159]
VoicesClearStaticPAsystemBoothMusicEngine
FactoryMachineryOfficeMachineryOther(Specify)
ApparentOriginofCall:MobilePayphonePrivateLine
Remarks:
Signature
(ofpersonreceivingcall,orOICasappropriate)
Date
DOB
PrintName
Occupation
Placeofwork
[160]
NewSouthWales
WitnessStatementpage1of
Statement of.............................................................................................................
Age.............
Occupation..........................................................
Passenger/Crew/Contractor/Other (Circle which applies)

Ship................................................
Cabin No.......................
(If Crew) Employee No..................
This statement made by me accurately sets out the evidence which I would be prepared, if
necessary, to give in Court as a witness.
The statement is true to the best of my knowledge and belief and I make it knowing, that if it is
tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which
I know to be false or do not believe to be true.
Justices Act 1886
I acknowledge by virtue of section 110A (5) (c) (ii) of the Justices Act 1886 that:
(1)
This written statement by me dated ............................ and contained in the

pages numbered 1 to ............. is true to the best of my knowledge and
belief; and
(2)
I make this statement knowing that, if it were admitted as evidence, I may be

liable to prosecution for stating in it anything that I know is false.
..................................................................................................Signature
Signed at .........................this.......................day of........................20.......
[161]
Page 2 of
Continuation of Statement of......................................................................................
I am.... years of age.
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Witness Signature..........
Print name........
Print name............
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Signature Witnessed by..............................

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[164]
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[167]

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CONFIDENTIAL
[168]
Final Page
Statement of.............................................................................................................
The Home Address, Tel no., E-mail, contact details etc of the witness are not to be disclosed
without Legal Authority
Home address...........................................................................................................
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Postcode.............................................
Country............................................
Home telephone No. ...............................................................................................

Mobile telephone number.............................................
Business telephone No...............................................................................................
E Mail Address...........................................................................................................
Date of Birth .................................................
Town and Country of Birth.................
Maiden name or Previous Names................................................
Height ....................
Identity Code............
Hair colour ...........
Eye Colour ..........
(1= White European, 2= Dark European, 3= Afro Caribbean, 4= Asian,
5= Oriental, 6= Arab)
Witness Contact point, if different from above
................................................................................................................................
Contact Address Details.........................................................................................................
..............................................................................................................................
Statement taken by (print name)................................................................................
Time and place statement taken.................................................................................
[169]
StateOfQueensland
WitnessStatementPage1
Statement of.............................................................................................................
Age.............
Occupation..........................................................
Cabin No.......................
OATHS ACT 1867 (DECLARATION)
I ....................................................... do solemnly and sincerely declare that:
(1)
This written statement by me dated .............. and contained in pages numbered 1

to .......... is true to the best of my knowledge and belief; and
(2)
I make this statement knowing that if it were admitted as evidence, I may be liable
to prosecution for stating in it anything I know to be false.
and I make this solemn declaration conscientiously believing the same to be true
and virtue of the provisions of the Oaths Act 1867
Ship................................................
This statement made by me accurately sets out the evidence which I would be prepared, if
necessary, to give in Court as a witness.
The statement is true to the best of my knowledge and belief and I make it knowing, that if it
is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything
which I know to be false or do not believe to be true.
I am _____ years of age.
Signature
Witness Signature
Print name..
Print name
[170]
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[176]
CONFIDENTIAL
Final Page
Statement of.............................................................................................................
Home address...........................................................................................................
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Postcode.............................................
Country............................................

E Mail Address...........................................................................................................
Date of Birth .................................................
Height ....................
(1= White European, 2= Dark European, 3= Afro Caribbean, 4= Asian, 5= Oriental, 6= Arab)
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[177]
Page 1
WitnessStatement
Statement of.............................................................................................................
Age.............
Occupation..........................................................

Ship................................................
Cabin No.......................
This statement (consisting of ___ page(s) each signed by me) is true to the best of my
knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable
to prosecution if I have wilfully stated in it, anything which I know to be false, or do not
believe to be true.
Signature..............................................................
Date........................................
_______________________________________________________________________
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[178]
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[182]

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[183]

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CONFIDENTIAL
[184]
Final Page
Statement of.............................................................................................................
Home address...........................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
Postcode.............................................
Country............................................

E Mail Address...........................................................................................................
Date of Birth .................................................
Height ....................
(1= White European, 2= Dark European, 3= Afro Caribbean, 4= Asian,
5= Oriental, 6= Arab)
................................................................................................................................
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[185]
MedicalexaminationguideforDoctors
Below is a guide provided by the Forensic Science Service as to the length semen
can survive and provide an indication when to carry out a full forensic medical?
Vagina up to 7 days following intercourse
Anus
Mouth -
- up to 3 days following intercourse

up to 2 days following fellatio
The above doesnt negate the victim having an examination of some kind however
the doctor must be guided by the circumstances and timescales, it may be that a
rape isnt reported for 7 days and a decision will need to be based on if there are any
additional injuries to record, bruising etc, bathing routine of that individual to decide
whether a full medical is actually necessary.
Remember this medical is a distressing time for the victim so be sure to inform them
at all times of what is going to happen and samples likely to be taken.
Please ensure that you have the consent of the victim before any examination is
undertaken.
Photography
It may be necessary to record any injuries by photography especially the front and
back of the hands or if they have any identifying marks.
All injuries that are photographed should be in context and close up, with and without
a scale.
The doctor must support these photographs with body diagrams as part of their
records.
Hairsamplingandclothing
If the victim has come straight to the medical after the incident has happened and is
wearing the same clothes please consider the following;
Before the victim undresses consider head hair swabbing, combings or tapings if
there is likely to be something of intelligence value in the hair (particulates in the
main)
If semen or other body fluids are present and dried in the hair this should be cut, or
wet and then dry swabbed before the hair is taped.
Obvious visual particles should be removed with disposable forceps and collected in
paper.
Continued
[186]
TOP
A sample of cut head hair will also be required for microscopic comparison from the
victim if the assailant is unknown 25 hairs required taken close to scalp area.
If clothing for the aggrieved hasnt been previously recovered and packaged
following earlier guidelines. Then the aggrieved should stand on a standing sheet if
removing clothing worn at the time of the offence. This ensures that any drop off
debris can be collected.
The sheet should be packaged as an exhibit.
On occasions where the aggrieved has had their clothing removed and put back on
by the offender consider getting the aggrieved to wear gloves when unfastening their
clothes and retain the gloves for potential DNA transfer.
Each item of clothing should be individually packaged and full description and
continuity provided.
For the medical a couch cover which is supplied in the forensic kit should be placed
over the couch prior to any examination being carried out. Please ensure at the
conclusion of the examination it is seized and dry stored. In accordance with
standard packaging guidelines provided.
The doctor should wear a new pair of gloves for the examination of the pubic area
and consider changing gloves during the examination between areas e.g.
head/breast/arms/legs/pubic areas. After examination the gloves should be retained
as pairs and packaged separately to other items.
Bloodsamples
It is recommended that the blood sample is obtained at the commencement of the
examination and the time noted, if the medical examiner deems it is not a suitable
time for the sample to be taken for a particular victim then the sample can be taken
later but the time it was taken must be recorded.
A blood sample is not required for DNA profiling as a Volunteer DNA sample will be
used here.
10 mls of blood should be obtained please note the time scales below for toxicology
samples;
Continued
[187]
TOP
Potentialdrugsusedtofacilitatesexoffences
Drug
Time in Blood
Time in Urine
GHB
6 hours
12 hours
Rohypnol
12-24 hours
3-7 days
Ketamine
12-24 hours
2-3 days
Barbiturates
1+ day
2+ days
CommonDrugsofabuse
Amphetamine/Heroin
12 hours
1-2 days
Cocaine/Ecstacy
18 hours
2-3 days
2 days
4 days
Valium/temazepam
The most common substance used to facilitate sex offences is alcohol

Alcohol
Blood 7-8 hours
urine 12-16 hours.
If incident reported < 3 days - request blood and urine sample

If incident reported between 3-4 days -only urine sample if relevant
Please dont forget obtaining a urine sample for alcohol even if a sample has
previously been taken with the EEK. 20mls should be decanted from the collection
vessel to the urine container containing the preservative tablet.
It is very important that the time that any urine sample was provided is noted and the
height, build and weight of the person is obtained.
Recommended sampling for alcohol alone is within 24 hours of offence for both
blood and urine samples.
Note: The exact effects of alcohol can vary significantly between individuals;
intoxication depends on their previous experience with alcohol and the particular set
of circumstances they are in. Once absorbed, alcohol distributes throughout the
aqueous part of an individual. The proportion of water in an individual is dependent
on their age, height, weight and sex. In general, the greater the amount of water in
an individual, the larger the volume the alcohol is distributed into and the lower the
peak blood alcohol concentration. (Females tend to have a lower proportion of body
water than males).
[188]
TOP
Controlsamples
Batch and water control swab drop 3-4 drops of the sterilised water used during the
examination directly onto the swab at the conclusion of the examination. One swab for
each different batch of swabs used (check expiry date at top of the swab tube and
batch number)
General control skin swabs this should be one wet swab followed by one dry
swab taken from an area that you would not expect to be contaminated with
anything- recommended to be taken from between the shoulder blades.
If specific areas of skin are swabbed e g a bite mark/bruise on the right forearm
then a skin control swab should be taken from the same site on the opposite limb
where possible in order to gauge contextual background material.
Swabbing
Note when swabbing skin and even for blood collection the whole swab should be
used by rolling the swab head over the area of sampling as DNA retrieval is now
an automated process. Using a small area to obtain a concentrated stain is not now
advised.
Swabs should have the surname of the person from whom taken, date, ID ref plus
brief description written directly on them prior to further packaging.
E.g. Jones 120607 WAP/JJ/17 - LVS (A)
Two swabs should be each taken from the same site and should be sequentially
labeled on the swab tube e.g. Low vaginal (A) and low vaginal (B). The lab can then
prioritize the analysis of the swab taken 1st (A) as this should have most material on
it.
Place swabs from the same site in the same bag and treat as one exhibit.
External(skin)swabs:
FSS advised recovery times for swabbing skin if extensive washing has not taken
place. Grip contact: -1 Day
Body fluid: -2 Days
For recovery of saliva (bite marks, kissed or licked areas), blood, semen on
hands/face etc:
If the stain is dry, recover on a swab moistened with sterile water (3-4 drops should
be sufficient) immediately followed by recovery with a dry swab.
Continued
[189]
TOP
If staining remains visible after initial sampling try to recover it using another swab
pair of wet and dry swabs
Pubicareaexamination
The FME should wear a new pair of gloves for the examination of the pubic area.
After the examination of the pubic area these gloves should then be retained and
exhibited separately. In several cases DNA from a suspect has been located on the
FMEs gloves but not on the swabs obtained. The gloves can be stored in a dry store
unless there is obvious wet staining on the outsides of gloves-which should not
happen in the majority of cases. On those occasions the gloves should be frozen.
Pubic hair of a victim should be cut, or wet and dry swabbed if dried seminal
fluid or other body fluids are believed present.
The pubic hair should then be combed.
A control sample of hair, 25 hairs for microscopic comparison, should be
obtained if the offender is unknown. The range of vaginal swabs should then
be collected.
Vaginalswabs
For detection of seminal fluid take up to 7 days after the offence
Detection of lubricant: Up to 30 hours afterwards, if lubricant/condom used. Sample
using dry swabs.
First sample - Vulval swab x 2 (if skin very dry 1st swab can be moistened)
Second - Low vaginal swab x 2 (if skin very dry 1st swab can be moistened)
Third- High vaginal swab x 2 (if it is not possible to pass a speculum, the FME
should attempt to obtain two vaginal swabs instead).
Fourth -Endocervical swab x 2 dry swabs this is the last sample. However if the
taking of this sample is too uncomfortable for the aggrieved it should not be taken.
This sample usually provides best results where intercourse has occurred more than
48 hours previously (taken via the speculum).
Please swab the speculum rather than retaining as will reduce storage space later.
The lab request that any spare lubricant is packaged separately from the control
swabs. This is because if it becomes an issue it is dealt with by a different
department to those looking at control swabs.
[190]
TOP
AnalandRectalSwabs
First Perianal x 2 swabs wet 9 3-4 drops of sterile water) then dry (if skin moist
then both should be dry)
Second Anal canal x 2 swabs wet (3-4 drops sterile water) then dry
Third Rectal- x 2 swabs 2 dry. If it is not possible to pass a protoscope the
medical examiner should try to obtain two anal canal/rectum swabs.
Swab protoscope prior to its disposal.
Mouthcollection
First sample 2 x dry swabs to sample gums, inner cheek, lips and under
tongue.
Second sample - mouth rinse
o
o
o
o
Victim should wear gloves when handling the poly pot

Use sterile water provided.
Retain washings in bottle provided and place in CJA bag
Place empty or part empty water ampoule into small pot and return with
exhibit.
Dentures,bracesandfixtures
These would have to be swabbed in addition to taking the general mouth swabs.
Use sterile water provided and swab. Place swabs in a tamper evident bag
DNAVolunteermouthswabs
These are needed as a reference sample. If oral sex is alleged, take the DNA
sample after, mouth swabs & mouth rinse i.e. at end of the examination or 2 days
after the incident.
In cases involving oral sex between persons of the same gender take an additional
sample at least 2 days after incident.
There are two types of consent on the rear of the volunteer DNA form, make sure
that the victim is fully aware of the ramifications of what they are signing. They
should not be encouraged to sign the box that agrees for their DNA sample to be
added to the National DNA Database but directed to Part A consent.
Continued
TOP
[191]
Nails
Sample if the victim claims to have scratched or masturbated the offender
Clippings are best. Additional wet and dry swabbing of nail tips with fine swabs
should also be considered after clipping. This should also be done round the
cuticles. One wet swab followed by one dry swab for each hand.
Sample both hands separately
Consider the possibility of a mechanical fit of a broken nail. The broken nail should
be cut and retained for comparison purposes.
There is no requirement to routinely sample by cutting/clipping the fingernails.
Digitalpenetrationcases
For victim examination looking for cellular material/possible DNA after offender may
have masturbated - consider hand swabs up to 12 hours after offence
Otherpointstoremember:
Samples obtained should be exhibited in chronological, sequential order; therefore
identification references should be allocated at the time of seizure or conclusion of
the examination and not beforehand. This allows for evidential recovery to be
considered on an individual case basis.
Externalstainsonskin
On the occasions where no doctor is immediately available and there are obvious
signs of external staining on the skin which may be lost, consideration should be
given to either the victim swabbing these areas themselves. Or as a last resort
someone of the same gender as the victim swab the exposed areas of skin only.
Faecesandsanitarywear
In recently reported cases remember to retain any sanitary wear. They should be
packaged in a plastic container before being put in a bag. Also in anal abuse cases
consider retaining the 1st and even 2nd faecal motions if the victim passes them
whilst waiting for an examination. These can be stored in a freezer.
TOP
[192]
RvTURNBULL
Information that should be included in a witnesss statement, as suggested in R v
Turnbull and Camelo ([1976] 63Cr App R 132) and embodied in the mnemonic
ADVOKATE:
A Amount of time under observation
D Distance from the eyewitness to the person/incident
V Visibility including time of day, street lighting, etc.
O Obstructions anything getting in the way of the witnesss view
K Known or seen before did the witness know, or had they seen, the alleged
perpetrator before?
A Any reason to remember was there something specific that made the
person/incident memorable?
T Time lapse how long since the witness last saw the alleged perpetrator?
E Errors or material discrepancies; anything said by the witness to a third party after
the incident (evidence of first complaint etc.); and any other witnesses present.
This is not intended to be an exhaustive list. The nature of the information important
to the investigation pertaining to general investigative practice varies according to
the circumstances of the case.
[193]
TOP
TheFiveStageStatementPlan
Stage1Introduction
Explain who the author is and what the statement is about, My name is Gareth
Richmond and this statement deals with what I saw of a man throwing a handbag
away or My name is Gareth Richmond and I saw a man appearing to throw a
handbag away. This statement is about what I saw.
Stage2MainCharacters
(Not everybody, save the minor players for later). Introduce the main characters who
will feature in the statement. I will be mentioning the following people: - The man in
the red shirt. He was the man who threw the bag away. A man in a blue shirt, who
red shirt man was talking to at one stage and Lorna Wilshire who is my girlfriend and
who was with me at the time.
Include age, relationship, status, and explain their relationship to the event. Select a
characteristic which identifies the person for the purposes of the statement, e.g.; red
shirt man. Do not give detailed descriptions here this should be done at the end.
Stage3SettheScene
Put into context when and where the event occurred. I saw the man throw the
handbag away on Monday 19th September 2005 and it happened describe
where the event took place. Use sketch plans and maps if needed. (Remember the
purpose of the statement) ensure you exhibit them. In the case of a victim it is vital
that you paint a detailed picture of who they are, in order that any person who is
reading the statement, be it the investigator or the prosecutor, can identify with them
as a human being.
Stage4ChronologicalAccount
Put things in order from a logical start point and lead through all the relevant events
prior to the actual incident. Ensure the incident itself is covered in the detail it
deserves. Go back to your notes and work through them ensuring everything is
included in the statement. (Consider using a single line cross out or a tick once it is
included). Do not clutter up this stage of the statement with descriptions. They only
distract the reader. Explain any delays in reporting and rationale as to why the delay
occurred.
Continued
TOP
[194]
Stage5Closure
This should include anything that has not been included so far). It should also
include the description of the offender(s) in detail, the descriptions of the witnesses,
and a self description of the witness including the clothing they wore at the time.
Identification issues - R v Turnbull, consent issues.
In the case of a victim of property crime this is where you would list and detail any
items taken costs etc.
In the case of victims of violence, this is where their injuries would be described.
[195]
VolunteerFingerPrintsconsent
Indicate which of the two consents below is provided by the donor and fully complete
the details at the bottom of the form.
Important: Tick () one box ONLY, not both
Consent restricting use to this enquiry only:
I consent to my fingerprints being taken for elimination purposes. I understand that
the fingerprints will be destroyed at the end of the case and that my fingerprints will
only be compared to the fingerprints from this enquiry. I have been advised that the
person taking the fingerprints may be required to give evidence and/or provide a
written statement to the police in the relation to the taking of them.
Full consent, including agreement for fingerprints to be retained for
future use:
I consent to my fingerprints being retained and used only for the purposes related to
the prevention and detection of a crime, the investigation of an offence or the
conduct of a prosecution either nationally or internationally.
I understand that my fingerprints may be checked against other records held by, or
on behalf of, relevant law enforcement authorities, either nationally or internationally.
I understand that once I have given my consent for my fingerprints to be retained
and used I cannot withdraw this consent.
Donors Signature:
Donors Name:
(BLOCK LETTERS)
Date:
Consent Witnessed by
..........................................................................................
Person Taking Prints - Signature:
Rank and Full Name print:
[196]
Ship :
VolunteerFingerprintForm
Exhibit Reference No:
(Version 01, 17/03/09)
This form should be completed in BLOCK LETTERS in black ink
Occurrence Reference
Taken by: Full Name
Fingerprints of: Name (if known):
Date of Birth:
Address (if known):
Date & Time Taken:
Additional Notes:
[197]
Rank
RapeInvestigationForensicConsiderations
EarlyEvidenceKits
These are modular kits for the collection of a urine sample and/or a mouth wash
from a victim of sexual assault.
The kit should be utilised as soon as possible after the offence is reported.
This is to aid comfort/welfare of the victim and to ensure timely retrieval of samples;
Urine where alcohol and drugs analysis may be required
Mouth wash where the incident involves an allegation of a penis
being put in the mouth of the victim.
This kit does not replace the need for a medical examination.
Each kit contains all equipment necessary for the taking, and subsequent packaging,
of samples along with an instruction sheet and consent form.
Do not use a kit after its expiry date.
The kits can be used by any officer/ships security you should not wait for the medical
to use this kit. There is no necessity for the officer/security officer to be the same
gender as the victim. When using a kit a person should;
Explain why they need to take the samples

Explain the procedure
Ask for the victims consent
Check expiry date on the kit
Ensure the seals are intact on a new kit
Remember to wear gloves provided
Consider privacy and confidentiality (it may be an issue even within the family)
Follow the instruction sheet in the kit
Storage Urine can be stored in the fridge if the sample is going to be
submitted early i.e. the next few days if not both the Urine and Mouth Wash
can be frozen.
This initial collection will be prior to a medical examination. If the victim wishes to
pass a second urine sample the EEK kit has a second sampling kit to cater for this.
If an EEK has been used please ensure the medical examiner is aware. It does not
negate the fact that additional samples will still need to be taken in the forensic
medical.
TOP
[198]
INDEX
PAGE
Abuse of children through
prostitution and pornography
Abuse of Position of Trust
Actual Bodily Harm
Alcohol
Assault by penetration
Basic Initial Steps
Battery
Bomb Threats
Bomb threats by e-mail
Care Workers for Persons
with Mental Disorders
Caution ( UK Legislation)
Child Sex Offences
Citizens Arrest
Confidentiality
Contamination
Coroners Jurisdiction
Corporate Manslaughter and
Corporate Homicide Act
2007
Corporate Manslaughter
Crime scene management
Crime Scene Management
Strategies
Crime Scene Protection is
critical
Criminal Damage Act 1971
Criminal Offences
Criminal Procedure and
Investigations Act
Crown Prosecution Service
Custody Assessment form
Custody Assessment form
Department for Transport
Detain
Dishonest
DNA
During Transit - defensive
Measures- speed
During TransitImplementation &
communications
Early Evidence Kits
Electronic Recording Devices
Entering Scene
85
84
78
PAGE
90
75
4
78
92
96
Evidence collection kit

Evidence collection kit
Example Statement
Examples of Witness
Statements
Exhibit Label
Exhibits
Exhibits
Exhibits Log
Exhibits officer
20-29
150
33
42,150
43,152
42,150
85
7
84
9
6
64
126
Exploitation of prostitution
Familial Child sex offences
Fast track Interviews
Finger Prints
Five Stage Statement Plan
Forward by ACC Pryde
Fraud
85
84
11
62,63
194
2
87
69
39
General guidance for Security

Staff
General use of electronic
Recording Devices
General Use of Notebooks
14
12
38
Golden Hour
10
39
81
66
Gross Negligence Manslaughter

Hand Written Typed Notes
Hearsay Evidence
67,68
96
19
130
136
116
144
Identification
If Captured
Indecent Photographs
Indications of Intoxication
Inducements etc to person with
mental disorder
Information Report
Initial Assessment of Scene
Initial Investigation
International maritime
Organisation - IMO
19
105
86
91
Interviewing Witnesses
Interviews
17
31
69
133
9
89
63,
104
103
149
14
41
[199]
33
44
18
12
85
5
40
10
134
Introduction
PAGE
4
122
106
138
Packaging of items recovered
45
135
Person to Person direct threat
96
139
Photographs
61
61
Physical Evidence
39
119
Language and Interpreters

Legal System, Requirements
of
Log of items recovered from
seizure
Loggist and Exhibits Officer

MAIB
Maritime Coastguard Agency
35
131
132
Maritime Security
133
Media Protocol
Media Relations at other
locations
Medical Examination guide
for Doctors
138
186
Merchant Shipping Act 1995

Merchant Shipping Act 1995
Military Assistance
Minor Assaults
9
127
131
78
Minor Matters
90
Missing person/Drowning
Murder
Need for Co-operation
New South Wales Witness
Statement
Noise complaint Procedure
Non-suspicious deaths
98
66
138
140
161
90
106
Physical Restraints, Handcuffs,

Detention and Custody of
Suspects
Physical Search of Vessel
Piracy
Police Action Re Sudden
Deaths at Sea
Police and Criminal Evidence
Act
Police and Criminal Evidence
Act
Police Jurisdiction at Sea
Police/External Agency
assistance
Powers of a Security Officer
Preparatory offences
Presentation Report
Prior to Transit - Planning
measures
Prior to Transit - Defensive
Measures
Proformas
Protection of Scenes
123
110, 111,
113
96
100
108
9
130
124
131
7
85
6
101
103
143
37
7
193
74,149
12
Questions
R v Turnbull
Rape
Rape and other offences
against children
123
84
Rape and Sexual Assault

Rape Investigation
74
74,149
84
Recording passengers or crew
14
119
Recovery of exhibits
34
[200]
PAGE
86
Other Offences subject to UK

extraterritorial jurisdiction
Other Sudden Deaths or Fatal
Accidents
Jurisdiction
Jurisdiction of Police Forcesapplication to ships
Key Roles of Partner
Representatives
Notebooks
Offences of universal
jurisdiction
Offence Against Children
Offences against persons
with a mental disorder
impeding choice
Offences Committed by
British seamen
Other offences
84
Offences Outside the UK

Offences under international
agreements
Official Notebooks
On Attack - Immediate Action
Other Agencies
PAGE
86
123
12
104
131
Reducing the Risk- Crew

Reducing the Risk- vessel
specific
Refusal of Service Log
102
91, 153
Relevant duty of care
70
Representatives, Duties of
Report of Death to Official
Coroner
Respond to shipboard
Incidents Involving
Belligerent Passengers
Responding to Bomb Threats
RFA Guidance on sabotage/
Criminal Damage
Sabotage
140
Sudden Deaths and Fatal

Accidents
Suspected Persons- Statements
& Interviews
155
Take Statement
110
94
79,
81
79
Telephone Bomb Threats

Telephone Bomb Threats
94
158
6
8
Scene Attendance Log

Scene attendance Log
example
Search
Searching of Places
154
Terminology
Terms of the caution
Territorial Sea Limits and
International Waters
Searching Persons
Section 20 Offences Against
the Person Act 1861
Security Incident Reports
Security Measures on Vessel
40
7
37
106
30
7
121
36
Theft
Theft and Fraud
Trafficking
UK and Australian Jurisdiction
Investigations
30
77
5
97
US Jurisdiction Investigation
Useful links
Vessels liable to attack
31
142
101
Seize
Serious Assaults
7
77
Volunteer finger print consent

Volunteer finger Print Form
196
197
Sex with an adult relative

Sexual Assault
Sexual Offences Act 2003
Significant Statements
State Of Queensland
Witness Statement
Statement
Statements from Medical
Practitioners
Stop
85
75
74
31
Which Police Force Will Deal?

Witness Statement
Witness Statements
120
178
15
170
35
19
8
[201]
PAGE
103
87
87
85

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The Crime Manual for Ships

Copyright of Hampshire Constabulary - 2009

The Crime Manual for Ships Security Officers

Assistant Chief Constable David Pryde

If the incident is serious then the Security Officer should

If the incident is a crime then:-

Identify the crime scene(s). There is often more than one

If an outside agency is arriving to process investigation and

Identify, locate and detain the offender

Forensically recover evidence from the scene

Complete Security report

Take relevant statements

5. Why - Why did the incident happen?

Completeness of information and detail

Correct use of punctuation

1.MerchantShippingAct1995 - S. 105 Masters Power of Arrest.

Determine the severity and nature of the incident

New South Wales and Queensland )

I understand that Sarah GREEN was with you

Is it right you last spoke to Bill SMITH at lunch time yesterday

Was Bill SMITH wearing a green sweater

Date of Birth 4/7/80

Occupation Senior Bar Steward

Passenger/Crew / Other (circle designation)

Signature witnessed by.......................

Passenger/Crew / Other (circle designation)

Signature witnessed by..J..SOAP ...

Date of Birth 10/08/87

Passenger/Crew / Other (circle designation)

Age 33 yrs. Date of Birth 01/07/66

Passenger/Crew / Other (circle designation)

Signature witnessed by....P...JONES.....Security

UKandAustralianJurisdictionInvestigations: If it is considered necessary to

USJurisdictionInvestigation. The FBI (Long Beach Office) advises that identified

Listening skills developing the ability to listen actively, displaying empathy,

Victims, witnesses or suspects;

Physical material weapons, stolen property, hidden property, documents, drugs;

firearms discharge residue,

Hides, storage or deposit sites;

Electronic media stored within IT systems or telecommunications equipment;

To get a printable copy click here

8.ExhibitOfficer(Please also refer to Section 10)

Time and Date Exhibit Log commenced

To get a printable copy click here

Evidence Collection Kit List

2 x medium white over suits

1 x large blood suit

12 x large disposable gloves

13 x paper sacks (med/large)

4 x flat pack boxes (medium)

6 x plastic bags (not CJ) (large) and seals

10 x nylon bags (Assorted sizes)and seals

20 x CJ evidence bags (various)

2 x knife tube (large)

3 x poly pots (various)

10 x swabs (5 x fine (yellow); 5 x standard (black))

1 x box distilled water ampoules (8)

2 x cellotape (1x 1,1x 2)

1 x roll 2 brown tape

1 x roll biohazard tape

1 x roll danger of infection tape

1 x Crime scene Do not enter tape

10 x PACE DNA sampling kits