PART 8
Crime and Courts
244. Prevention of Crime
(1) The primary object of a police service is the prevention of crime. It is more important to prevent crime than successfully to detect an offence after it has been committed.
(2) Police officers must get to know local criminals and other bad characters so that they can be readily recognized and kept under surveillance when necessary.
(3) Notification is made in the Police Gazette of releases of criminals from prison, showing their home addresses and intended destinations. Police officers are expected to read this Gazette and make themselves acquainted with the releases of all criminals concerning their station areas.
Persons of bad character or known criminals should not be allowed to loiter in the vicinity of parked vehicles, shops or other places such as yards where goods are exposed or into which they are likely to break. It is the duty of police, particularly those on beats and patrols, to keep such persons on the move or to arrest them under section 184 of the Penal Code as rogues and vagabond should they fail to account satisfactorily for their presence. Police officers can only do this by remaining alert at all times. It is not sufficient merely to patrol; alleys, passageways and side turnings must be given equal attention. For a beat man only to glance at a building from the middle of the street is not sufficient. All buildings left empty or unattended for any time, particularly during weekends, should be carefully checked and accessible doors and windows inspected and tested by hard to see that they are secure. The fact that there is a watchman does not absolve the police from this duty. Police officers should satisfy themselves not only that the watchman is awake and alert but that the building is intact. Police officers should inspect a building with a watchman if one is employed there.
245. Crime Investigation - General Instructions
(1) When a crime is reported or discovered, the first steps taken in the inquiry are of great importance, for a mistake or omission at the onset may cause serious difficulty afterwards. The police officer who first arrives on the scene should therefore take careful stock of the situation, so that he may omit no steps that could further the inquiry.
(2) A police officer engaged on an investigation cannot be too careful and accurate in his inquiries. On arrival at the scene on an accurrence, whether it is a comparatively small offence or a serious crime such as murder or robbery, his first step should be to survey the surroundings attentively, and take stock of the situation. He should then endeavour to find the person best able to give the information he desires as to the essential facts. At the same time he should take steps to exclude sightseers, or persons with no knowledge of the facts.
(3) It is important that nothing should be permitted on the scene of the crime likely to obliterate or remove any traces of it, or vitiate the conclusions to be drawn from the position of any articles which may have any bearing on the circumstances attending the crime. It should be the rule never to alter the position, or to pick up, or even to touch any object before it has been minutely examined and described by the investigating officer in his note book. Accuracy, minuteness and method are necessary in taking down descriptions; a sketch or photograph often assists. Details such as footprints, marks of tools or weapons, impressions of all kinds, fingerprints, or any other marks, traces of blood, articles left behind, should be carefully noted, and their position accurately ascertained.
(4) An investigating officer cannot always foresee what may or may not prove to be of importance therefore as a general rule nothing would be overlooked. It is a grave fault to neglect details, for they may subsequently be found to be of great value. It may often happen that the only clue is that provided by some triffing circumstances that unobservant or untrained person would fail to notice. Not only should an investigating officer make his search exhaustive, but he must satisfy himself that such part of it as he delegates to an assistant is equally exhaustively made.
(5) Officers in Charge of stations will see that whenever possible a police officer of or above the rank of Inspector visits the scene of serious crime and investigates on the spot. Too much must not be left to the junior staff. Detectives and junior uniformed police must receive guidance, particularly in the preliminary stages of an investigation, and the responsible senior investigator must not think that his duty consists of staying in the police station and dealing with reports as received.
(6) Every effort will be made to detect promptly all serious crime, particularly offences of burglary, housebreaking, theft and bicycle theft, which if unchecked in the early stages, soon begin to assume alarming proportions. All station personnel must be encouraged to take an active interest in such outbreaks of crime, and the men should frequently be called together to discuss ways and means of coping with them and of helping in their detection.
(7) The yardstick by which the efficiency of a police service is measured must be the standard of the service it gives to the community; and this standard will remain low so long as the general standard of investigation of complaints is poor. The public have a right to expect prompt and competent investigation of genuine complaints, and Government have the right to expect the detection of public thefts and losses.
(8) All superior police officers and officers-In-Charge, stations, will take whatever action is appropriate and lies within their power to bring about a general appreciation in the service of the importance of prompt and sustained investigation of all criminal cases which come to notice.
(9) Action by Commissioners of the Regions, Officers-in-Charge, Stations, and C.I.D. officers should include:
(a) frequent inspection of case files, to furnish direction in investigations and to ensure, by the correction of faults, that case files and records are being properly maintained;
(b) absolute insistence on early action in criminal investigations and enquiries;
(c) insistence on sustained action until a case or enquiry is completed, or no further progress is possible;
(d) the maintenance by Commissioners of the Regions and Officers-in- Charge, Stations and senior C.I.D. Officers of systematic “bring up” or “follow up” records to ensure that investigations and enquiries for which they have any responsibility, once initiated will continue to receive sustained attention.
(10) Commissioners of the Regions and Officer- in-Charge, C.I.D., will bring to the Inspector General's notice any instances, which they themselves are unable to prevent, of excessive delay in the investigation of complaints made to the police by the public or by Government departments.
(11) Arson:- Great care is required when registering complaints of fire. When the cause of the fire is not readily apparent complainants almost invariably suspect that the fire was started deliberately by some other person and they are seldom at loss to name some individual or individuals who bear them a grudge and who they think may be responsible. No report of a fire should be registered as arson unless the officer accepting the charge is reasonably satisfied that the fire could not have been, or is unlikely to have been, caused accidentally. If this is not evident a Minute Paper should be opened in the first place and enquiries instituted. When conducting investigations in all alleged cases of arson certain lines of enquiry should be followed. These should include the following since the first task is to establish whether it is arson or whether the fire was accidental:-
(a) If a building or hut, search the ruins for any signs which may suggest the set of the fire. Consider the question – “Could the fire have started by accident, or was it deliberate?”
(b) Look for evidence that a fire was being used in or near the building for cooking purposes. Could sparks from this or another near-by fire have been the cause?
(c) Look for any evidence to show that any type of lamp was being used in the house, or whether there is any trace of paraffin or similar substance in the house.
(d) Question the occupier as to his movements prior to the fire; was he sober?
(e) Check with neighbours whether any drunken person were heard in the vicinity prior to the fire.
(f) Ascertain whether there have been any previous threats to the owner or occupier.
(g) Ascertain, if possible, those persons who had the opportunity and the motive to start the fire, and eliminate. In some cases there may have been delayed ignition. Do not overlook this possibility.
(i) If satisfied that arson ha been committed, look for a possible motive – quarrels etc.;
(j) Look for spent matches, charred sticks or grass torches which might have been used.
(k) Always look for traces of property alleged to have been destroyed and make a note. Unburnt remains will help to prove insurance claims.
246. Murder Cases
Murder cases will be investigated and presented by preliminary enquiry or commuttal proceedings before a Court by police officers. When no such officer is available the circumstances must be reported by the quickest means to Regional Headquarters (R.P.O.) for instructions.
247. Fatal Road Accidents and Subsequent Proceedings
1. Causing Death by Reckless/Dangerous Driving.
When death results from a road accident a Notice of Intended Prosecution under section 174 of the Road Traffic Act will be served on the driver(s) or rider(s) involved.
2. Post mortem Examinations
(i) An order for a Post Mortem examination will be made in respect of any person who dies as a result of a road accident. Religious view are not permitted to prevail over the necessity to perform a Post Mortem examination.
(ii) In the event of a person objecting to a Postmortem examination being performed the matter will be referred to the Coroner under section 12(1) of the Inquest Act, Cap. 4:02, for final decision.
Police Files
(3) (i) All police files on this subject will be prepared in accordance with the instructions laid down in Service Standing Orders and Service Orders:- preparation of case files for Director of Public Prosecutions.
(ii) All enquiries and the preparation of the files must be: dealt with expeditiously.
(iii) Officers in Charge stations will ensure that such files are properly prepared and forward them to the Regional Traffic Officer.
(iv) The Regional Traffic Officer will confirm that such files are properly prepared and submit them with recommendations to the Regional Prosecutions Officer, who will forward them to the State Counsel for his advice and instructions as to any subsequent police action in the way of prosecution, inquest, etc. This action does not preclude the police from preparing charges if it is considered that the evidence supports such action.
(v) All fatal road accidents will be treated in the manner laid down in S.S.O. 340 with the exception that correspondence should be sent to the Regional Traffic Officer and Service Traffic and Transport Officer, and not to Regional Criminal Investigation Officer's and C.I.D. Headquarters.
Inquests and Court Proceedings
(4) (i) At the conclusion of an Inquest, a Coroner has no authority to instruct criminal proceedings. He can only make a recommendation to this effect. When such a recommendation is made, the relevant police file will be sent to the Regional Prosecution Officer for onward transmission to State Counsel for further instructions.
(ii) An inquest should not be held if there is any prospect or intention that a person is to be charged with ‘driving’ offence. If a person is convicted of a ‘driving’ offence as a result of a fatal road accident it is not normally necessary to hold an Inquest. In this context the term ‘driving’ offence refers to an offence directly connected with the death, e.g. careless, reckless, dangerous driving, etc. and not to offences such as “no vehicle licence”, ‘obscured number plates’ etc. Any case of doubt should be referred to State Counsel through the Regional Prosecutions Officer.
High Court Cases
(1) All cases destined for trial by High Court should in the first instance be reported to C.I.D. Headquarters, in the procedure laid down in S.S.O. 303 and 304.
(2) (a) The case file, whether completed or not should be forwarded to Region for review within one month of the receipt of the complaint. A duplicate case file should be retained at the station.
(b) Should the case file not be completed, the Commissioner of the Region will include his remarks in the investigation diary and return the file to the station. A copy of the minute will be forwarded to C.l.D., Headquarters, Lilongwe.
(c) In forwarding the completed case file, the Officer-in-Charge, Station, will inform the Commissioner of the Region, in appropriate cases, of the date set down for the appearance of the accused before the Magistrate.
(d) The completed case file should contain four typewritten copies of all statements and police reports. A typewritten summary of the case will be enclosed and this summary will include a list of witnesses whom it is proposed to call. Against the name of each witness will be noted, in brief, the substance of the evidence the witness is expected to give. Copies of original statements should be typed progressively from the date the case file is opened. The despatch of the case file to Region will then not be delayed on account of the task of typing all statements etc, at the close of investigations. The completed file submitted to Region should be made up into four separate files, i.e. the original and three typed copies of the case. The fourth typed copy should be retained at the station.