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A DAY AS A DETECTIVE DETECTIVE DIALOGUE 5 SEPTEMBER 2012

A DAY AS A DETECTIVE DETECTIVE DIALOGUE 5 SEPTEMBER 2012. Introduction. A detective must start his/her day with proper planning with his/her colleague. The reason for the planning is to be accommodative and considerate towards the investigation activities of oneself and your colleague.

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A DAY AS A DETECTIVE DETECTIVE DIALOGUE 5 SEPTEMBER 2012

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  1. A DAY AS A DETECTIVE DETECTIVE DIALOGUE 5 SEPTEMBER 2012

  2. Introduction • A detective must start his/her day with proper planning with his/her colleague. • The reason for the planning is to be accommodative and considerate towards the investigation activities of oneself and your colleague. • It is important to prioritize in order to complete most of the investigation activities as one vehicle is utilized by two detectives as per National Standard. • A detective must be knowledgeable about the Constitution of RSA, especially the Bill of Rights, Criminal Procedure Act, Domestic Violence Act, Policy of Victim Empowerment and other National and Provincial Instructions. • The role and responsibilities is embedded in the Job Description of the investigating officers. • The performance assessment is conducted with the group commander twice a year. • This is a written assessment consisting of point allocation between 1 and 5 • 1 – poor • 2 – not yet satisfactory • 3 – satisfactory • 4 – good • 5 - outstanding

  3. What makes a ‘good’ detective? • The charateristics of a Good Detective are: ♣ Dedicated ♣ Loyal ♣ Well balanced lifestyle ♣ Well mannered • Serving the community unconditionally. • Keep contact with complainants / relatives until cases are successfully concluded by a Court of Law.

  4. Daily Activities • Attire in line with dress code • Attend morning parade • Produce dockets on brought forward system for inspection and Commander. • Prioritize investigation activities • Acknowledge receipt of dockets on CAS • Attend Crime Scenes • Dispatch investigative aids to Crime Scenes • Processing of Crime Scenes • Interview complainant and witnesses and obtain statements • Identify possible suspect and arrest if prima facie case exists • Charging of suspect on CAS, taking of photos, fingerprints and warning statement • Request profile of suspect for bail information and opposition thereof. • Verify suspect address and obtain copy of Identity Document

  5. Verification of foreign nationals suspects with Interpol. • Packaging and dispatching of exhibits to FSL • Present dockets for 24 hour inspection • Dispatch fingerprints to LCRC • Docket referred to court if prima facie case exists • Receive docket back from court • Acknowledge the group commanders instructions • Attend to public prosecutors requests made on SAPS 5 for example outstanding statements and medical reports and other forensic reports • Inform complainant and or relatives of victim of the postponement and reason thereof • Acknowledge receipt and file SAPS 69 in docket • Receive and file medical, FSL and other reports in docket • Subpoena witnesses for trial in the event of not guilty plea • Upon completion of court proceedings and findings the docket is then returned from court and adjudicated on the CAS system • Complainant informed of outcome of case

  6. What are the challenges that face a detective on a daily basis? • Language barrier caused misinterpretation by not always reflecting a true version of the alleged crime committed. • Poor statement taking by First Responder to serious crime scenes. • Element of Intimidation of witnesses by gangsters. • Eyewitnesses enrolled onto Witness Protection Programme. Leave programme at any stage. • Element of Corruption within own ranks. • Detective allowances Scare skill Clothing Overtime Remuneration

  7. What suggestions can be made to resolve these challenges? • All Vispol members to undergo a two weeks Basic Detective Course ré Crime Scene Management, chain statements and collection of exhibits. • All members of SAPS to be vetted and classified with a secret level clearance to prevent corruption / informer handling etc.

  8. Present docket for closure • All dockets concluded in court • Upon docket received back from court, court results must be updated on CAS • Docket then to group commander for closure • Docket closed on CAS and filed in Archives • In the event of no evidence connecting anyone to the offence the docket will be closed as undetected • When there is no evidence and fingerprints found at a crime scene the docket will be closed as Undetected – fingerprints available • Where there is no proof that an offence has been committed the case will be closed as unfounded.

  9. DETECTIVE DIALOGUE5 SEPTEMBER 2012PARLIAMENT Presented by: Major General C Johnson Head: General Crime Investigations Division Detective Service

  10. The Mandate of the Detective Service emanates from the South African Police Service Act 68 of 1995 and the Constitution of the Republic of South Africa Act 108 of 1996 1.1The Constitution of the Republic of South Africa 1.2 The South African Police Service Act

  11. 1. INTRODUCTION 1. INTRODUCTION 2. STRATEGIC OBJECTIVES The strategic objective of the division Detective Service is to contribute to the successful prosecution of crime by investigating, gathering and analyzing evidence, thereby increasing the detection rate and conviction rate for all crimes with special focus on priority crimes. In order to positively contribute to the Detective Dialogue initiated by the Parliamentary Portfolio Committee on Police, the Division Detective Service within the South African Police Service will deal with the following topics: • The role of detectives in the fight against crime • Detective training and career development • Modernisation and resourcing of the Detective Service • The role of detectives in crime related to Family Violence, Child Protection and Sexual Offences (FCS)

  12. 3. PERFORMANCE INDICATORS In evaluating the performance of the Detectives the following indicators are used : • Increase the detection rate, court ready case docket rate, conviction rate in respect of – • Contact Crime • Property Related Crime • Crime Dependent on Police Action for Detection; • Other serious crime • Trio crimes • Stock theft • Vehicle crime • Crime committed against Women (18 years and above) • Crime committed against Children (under 18 years)

  13. Targets for each indicator for 2010/11; 2011/12 and 2012/2013 • APP 2010/2011 • APP 2012/2013

  14. APP 2010/2011 • APP 2012/2013

  15. APP 2010/2011 • APP 2012/2013

  16. APP 2010/2011 • APP 2012/2013

  17. Whether these targets were met in 2010/2011 or not • APP 2010/2011 • Annual report 2010/2011

  18. APP 2010/2011 • Annual report 2010/2011

  19. APP 2010/2011 • Annual report for 2010/2011

  20. In support of the investigative process the Detectives also conduct the following functions: • Verification and purification of wanted lists. • Docket inspections at stations to evaluate docket progress and outcomes. • Ensure performance, monitoring and interventions in respect of the following: • Harmful Religious Practices; • Missing Persons Bureau; and • Crime Stop • Management of SARPCCO and Disruptive Operations • Effective and efficient rendering of International Vehicle Crime Operations and project Investigations • Ensure the formulation, implementation and maintenance of National Directives, including Standards, Procedures and for the effective and efficient functioning of the Detective Service. • Ensure the managing of Social Workers practicing Forensic Social Work in the SAPS.

  21. Overview of the Organisational Structure of the Detective Services at national and provincial level including explanation of all sections

  22. Divisional Commissioner: Detective Service: (Lt Gen V Moonoo) Section Commander Management Information and Strategic Planning ( Col Bezuidenhout) Section Head: Legal Support (Vacant) Head: FCS Investigations (Maj Gen Botsheleng) Head: General Crime Investigations ( MajGen Johnson ) Head: Specific Crime Investigations (Vacant ) Section Head: Support Services (Brig Pather) Section Head: FCS Operations: (Brigadier Linda) Section Head: Crime Investigations Provincial Coordinator: Gauteng, Limpopo and Mpumalanga: (Brig Motsepe) Section Head Vehicle Crime Investigation (Brig Sigole) Section Commander: Human Resource Management (Col Masakane) Section Head: Forensic Social Work (Brig Strauss) Section Head: Stock Theft and Endangered Species (Brig Singh) Section Commander: Financial & Administration Service (Col Smit) Section Head: Crime Investigations Provincial Coordinator: Kwazulu-Natal, Free State & North West) (Brig Nyide-Chonco) Section Commander: Supply Chain Management (Col Naidoo) Section Head: Crime Investigations Provincial Co-ordinator: Western Cape, Eastern Cape & Northern Cape (Brig Qhobosheane) Section Head: Harmful Occult Related Practices/ Missing Persons /Crime Stop (Brig Madonsela)

  23. DIVISIONAL COMMISSIONER: DETECTIVE SERVICE • PURPOSE: To provide direction on the effective investigating of crime on all levels of the SAPS. • FUNCTIONS: • The directing of an investigating service pertaining to FCS Investigations. • The directing of an investigating service pertaining to General Crime Investigations. • The directing of an investigating service pertaining to Specific Crime Investigations, including: Vehicle Crime, Stock Theft, Harmful Religious Practises, Missing Persons and Crime Stop. • The directing of Support Services for the division.

  24. HEAD : FCS INVESTIGATIONS • PURPOSE To effectively and efficiently manage the preventing, combating and investigating of Family Violence Child Protection and Sexual Offences on all levels of the SAPS. • FUNCTIONS • The managing of performance monitoring and compliance interventions at Family Violence Child Protection and Sexual Offences Units • The managing of performance monitoring and compliance intervention of Forensic Social Work • The rendering of a developing of policy and standards service, including investigative support.

  25. SECTION HEAD : FAMILY VIOLENCE, CHILD PROTECTION AND SEXUAL OFFENCES (FCS) OPERATIONS • PURPOSE To ensure the rendering of an effective and efficient investigation of crime emanating from the FCS Mandate • FUNCTIONS • The managing of performance monitoring and compliance interventions at all FCS Units • The managing of the rendering of FCS Investigative Support functions within the Section

  26. SECTION HEAD: FORENSIC SOCIAL WORK • PURPOSE To ensure the rendering of effective and efficient FSW support to the investigators of crime emanating from the FCS Mandate. • FUNCTIONS • The managing of performance monitoring and compliance interventions at Forensic Social Work Services within the Provinces. • The managing of the rendering of Forensic Social Work Support functions within the Section: Forensic Social Work.

  27. HEAD : GENERAL CRIME INVESTIGATION • PURPOSE: To ensure the rendering of effective and efficient investigation of crime emanating from the General Investigation Mandate. • FUNCTIONS: • The managing of performance monitoring and compliance interventions in all provinces • The rendering of a developing of policy and standards service, including investigative support.

  28. SECTION HEADS : CRIME INVESTIGATIONS • PURPOSE To ensure the rendering of an effective and efficient investigation of General Crime on all levels of the SAPS. • FUNCTIONS: • The rendering of a compliance intervention service regarding General Crime Investigation in allocated provinces. • The rendering of a Performance management service regarding General Crime Investigation in allocated provinces • The assisting with the developing of policy and standards, including investigative support.

  29. HEAD : SPECIFIC CRIME INVESTIGATION • PURPOSE: To ensure the rendering of effective and efficient investigation of crime emanating from Specific Crime Investigations, including Stock Theft, Vehicle Crime Investigation, Harmful Religious Practises, Missing Persons and Crime Stop. • FUNCTIONS: • The ensuring of performance monitoring and compliance interventions regarding Vehicle Crime Investigations • The ensuring of performance monitoring and compliance interventions regarding Stock Theft Investigations • The ensuring of performance monitoring and Interventions regarding Harmful Religious Practices, Missing Persons and Crime Stop • The rendering of a support function regarding the developing of policy and standards, including investigative support for sections of specific crime investigations.

  30. SECTION HEAD: VEHICLE CRIME INVESTIGATION • PURPOSE To ensure an effective and efficient vehicle crime investigation function on National level. • FUNCTIONS: • The rendering of a policy, standards and procedures service regarding Vehicle Crime Investigation. • The rendering of a performance monitoring and compliance intervention service regarding Vehicle Crime Investigation. • The rendering of operational support regarding NAVICC. • The rendering of a Vehicle Investigation Support Function.

  31. SECTION HEAD : STOCK THEFT AND ENDANGERED SPECIES • PURPOSE To ensure the rendering of effective and efficient investigations of crime emanating from the Stock Theft mandate as prescribed in the National Instructions, NI 2/ 1999 and NI 21/1998. • FUNCTIONS • The ensuring of the effective and efficient management of operational support functions relating to Stock Theft • The ensuring of the effective and efficient management of administrative support functions relating to Stock Theft

  32. SECTION HEAD: HARMFUL RELIGIOUS PRACTICES, MISSING PERSONS, CRIME STOP • PURPOSE To ensure an effective and efficient functioning of Harmful Religious Practises, Missing Persons and Crime stopwithin the SAPS. • FUNCTIONS • The managing of a policy, standards and procedures service regarding all sub-sections in the environment. • The managing of a performance monitoring and compliance intervention service regarding Harmful Religious Practises • The managing of a performance monitoring and compliance intervention service regarding Missing Persons • The managing of a performance monitoring and compliance intervention service regarding Crime Stop

  33. SECTION HEAD: SUPPORT SERVICES • PURPOSE: To ensure the rendering of an effective and efficient support service to the Division : Detective Service. • FUNCTIONS • The managing of a Human Resource Management* Service. • The managing of a Financial and Administration Service. • The managing of a Supply Chain Management Service. * Human Resource Management consist of Personnel Management, Human Resource Utilization and Human Resource Development

  34. PROVINCIAL HEAD: DETECTIVE SERVICE • PURPOSE To ensure the effective and efficient investigating of crime within the Provincial Detective Service environment. • FUNCTIONS • The ensuring a Crime Investigation service through the following: • The managing of a Family Violence, Child Protection and Sexual Offences Investigation Service within the Province (including the use of Forensic Social Workers in the field of FCS Investigations). • The managing of a General Crime Investigations Service within the Province. • The managing of a Specific Crime Investigations Service within the Province (including Vehicle Crime Investigation, Stock Theft, Missing Persons and Detective Court Case Officers). • The ensuring of investigative support within the province.

  35. PROVINCIAL COMMANDER : FCS INVESTIGATIONS • PURPOSE To oversee the effective and efficient investigating of Family Violence Child Protection and Sexual Offences (FCS) including Forensic Social Work (FSW) service emanating from FCS related crime. • FUNCTIONS • The ensuring of the effective investigation of FCS related offences. • The ensuring of the effective support of FSW emanating from FCS related crime investigations • The managing of performance monitoring and compliance interventions at Family Violence Child • Protection and Sexual Offences Units (FCS) • The managing of performance monitoring and compliance intervention of Forensic Social Work (FSW)

  36. COMMANDER : PROVINCIAL FCS INVESTIGATION UNIT • PURPOSE: To render an effective and efficient FCS investigation service at provincial level. (The unit is placed at the provincial office to deal with more complicated FCS crimes e.g pornography and cross border FCS related crimes). • FUNCTIONS: • The ensuring of the effective investigation of (more complicated) FCS related offences • The managing of the FCS investigative support functions. • The enhancing of cooperation with internal and external role-players.

  37. COMMANDERS : FCS INVESTIGATION UNIT (Geographically placed) • PURPOSE: • To render an effective and efficient FCS investigation service at cluster level. • (The units are placed at cluster level to deal with FCS related crimes at all stations within an allocated cluster). • FUNCTIONS: • The ensuring of the effective investigation of FCS related offences • The managing of the FCS investigative support functions. • The enhancing of cooperation with internal and external role-players.

  38. COMMANDER: PROVINCIAL FORENSIC SOCIAL WORK • PURPOSE: To render an effective and efficient FSW service within the province. • FUNCTIONS: • The ensuring of the effective investigation of FSW related investigations • The managing of the FSW investigative support functions. • The enhancing of co-operation with internal and external role- players.

  39. PROVINCIAL COMMANDER: GENERAL CRIME INVESTIGATION • PURPOSE: To ensure the rendering of effective and efficient investigation of crime emanating from the General Crime Investigation mandate. • FUNCTIONS: • The managing of performance monitoring and compliance interventions in all cluster stations. • The rendering of a developing of policy and standards service, including investigative support.

  40. COMMANDER : CRIME INVESTIGATIONS • PURPOSE: To ensure the rendering of an effective and efficient investigation of Crime at all Stations within the province. • FUNCTIONS: • The rendering of a compliance intervention service regarding General Crime Investigation in allocated clusters. • The rendering of a Performance Management service regarding General Crime Investigation in allocated clusters. • The assisting with the implementing of policy and standards, including investigative support.

  41. COMMANDER : DETECTIVE COURT CASE OFFICERS (DCCO) • PURPOSE: To effectively manage the Detective Court Case Officers in the Province. • FUNCTIONS: • The ensuring of the evaluation of court case dockets • The ensuring of the managing of the general flow of court case dockets • The ensuring of the liaising between the SAPS and the Department of Justice and Constitutional Development

  42. PROVINCIAL COMMANDER : SPECIFIC CRIME INVESTIGATION • PURPOSE: To ensure the rendering of effective and efficient investigation of crime emanating from Specific Crime Investigations, including Stock Theft, Vehicle Identification and Safeguarding, Harmful Occult Related Practices, Missing Persons and Complaints. • FUNCTIONS: • The managing, monitoring and evaluating compliance with National & Provincial policy, directives and standards, for the successful managing of the Section Provincial: Specific Crime Investigations. • The ensuring of performance monitoring and compliance interventions regarding Stock Theft investigations • The ensuring of performance monitoring and compliance interventions regarding Harmful Occult Related Practices and Missing Persons. • The ensuring of performance monitoring and compliance interventions regarding complaints. • The rendering of a support function regarding the implementation of policy and standards, including investigative support for sections of specific crime investigations.

  43. COMMANDER: VEHICLE IDENTIFICATION AND SAFEGUARDING SECTION (VISS) • PURPOSE: To ensure an effective and efficient vehicle identification and Safeguarding function within the province. • FUNCTIONS:  • The rendering of a policy, standards and procedures service regarding the Vehicle Identification and Safeguarding Section(VISS). • The rendering of a performance monitoring and compliance intervention service regarding the Vehicle Identification and Safeguarding Section (VISS) • The rendering of a Vehicle Identification and Safeguarding, Support Function.

  44. COMMANDER : STOCK THEFT UNITS (STU) • PURPOSE: To ensure the rendering of effective and efficient investigations of crime emanating from the Stock Theft mandate as prescribed in National Instructions 2/ 1999 and 21/1998. • FUNCTIONS: • The ensuring of the effective and efficient management of operational support functions relating to Stock Theft. • The ensuring of the effective and efficient management of administrative support functions relating to Stock Theft.

  45. COMMANDER: HARMFUL OCCULT RELATED PRACTICES & MISSING PERSONS • PURPOSE To ensure an effective and efficient functioning of Harmful Occult Related Practises and Missing Persons within the Province • FUNCTIONS: • The managing of the implementation of policy, standards and procedures in the environment. The managing of a performance monitoring and compliance intervention service regarding Harmful Occult Related Practises. • The managing of a performance monitoring and compliance intervention service regarding Missing Persons

  46. COMMANDER: COMPLAINTS • PURPOSE: To provide an operational and administrative support service regarding complaints against the police to the Provincial Commander: Specific Crime Investigations. • FUNCTIONS: • Interview and handling of all complaints by public in terms of SO 101 (4). • Administer all alleged offence files. • Inspection of all case dockets in respect of poor service delivery. • Monitor progress on investigations.

  47. COMMANDER: SUPPORT SERVICES • PURPOSE To ensure the rendering of an effective and efficient support service to the Provincial Head: Detective Service. • FUNCTIONS: • The managing of a Human Resource Management and Development* Service. • The managing of a Financial and Administration Service. • The managing of a Supply Chain Management Service. * Human Resource Management consist of Personnel services, Human Resource Utilization and Human Resource Development

  48. Role of detectives in the fight against crime in relation to the Criminal Justice System as a whole including: • Relationships with other criminal justice system role-players including specific challenges • Protocols in place to sustain cooperation within the CJS Cluster Departments and issues addressed by these Protocols. • Protocol on Maximum Incarceration Period - Section 49G of Correctional Service Amendment Act – Deals with procedure on how to deal with remand detainees - detained 24 months and longer. • Protocol on Section 49E – Referral of terminally ill or severely incapacitated remand detainees to court – deals with procedures and processes to be followed relating to the release of terminally ill or severely incapacitated remand detainees.

  49. 49F - Release of detainees in custody of Police – deals with procedures to be followed when remanded detainees are temporarily released to SAPS for investigation purposes. • Procedures – Justice/Correctional Service/SAPS on how to deal with Foreign Nationals. • Protocol on Remand detainee Foreign National - Deal with the procedures to be followed with foreign nationals as remand detainees. • Bail Protocol – Deals with processes relating to granting bail. • Pre-Trial Protocol – Deals with the placement of matters on the court roll. • Regional Court Screening Roll – Deals with placement of DCCO’s at courts to screen dockets. • Court Protocol – Deals with court case management. • Mental Observation Protocol – Deals with processes to follow with accused send for mental observation. • Post Mortems & Toxicology Analysis Protocol – Deals with finalization of exhibits for forensic analysis

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