Burglary and allied offences
Policy statement and principles
What
Burglary is an offence under section 231 of the Crimes Act 1961 and is punishable by
imprisonment for a term not exceeding 10 years. Allied to burglary are the following
offences included in this chapter:
• aggravated burglary
• attempted burglary
• possession of instrument for burglary
• being disguised for burglary
• providing explosive to commit a crime (e.g. safe breaking)
• possession of burglary tools
• unlawful carriage possession of firearms
• found in public place preparing to commit imprisonable offence
• found on property without reasonable excuse
• peeping/peering into dwelling house
• loitering on any land.
Why
Burglary is a hugely invasive crime that has a negative impact on communities.
Attending dwelling burglaries provides an opportunity to:
• support and reassure victims
• fulfil the Police purpose of making people be and feel safe
• give prevention advice.
Key functions of the Police are law enforcement with targeting and catching
offenders, crime and victimisation prevention, the maintenance of public safety and
delivering a responsive Police service with attending burglaries. The Police vision is
to gain trust and confidence of all.
How
To meet public expectations of being and feeling safe, Police will:
• treat dwelling burglaries as a high priority by attending offence locations for
crime scene examination
• provide victims with support and prevention advice
• gather intelligence to understand patterns of offending and victimisation in an
effort to reduce incidents through early intervention
• conduct investigations into burglary and allied offences
• where offences and suspects are identified, pursue appropriate enforcement
action and case resolution
• where instruments, tools and weapons involved in burglaries and allied
offences are seized, seek their forfeiture or lawful disposal.
Overview
Introduction
This chapter details the legislation on burglary and all offences relating to it. It
specifically lists the ingredients of the offence and provides examples of situations
that might occur which will assist in the determination of what is or is not a
burglary. This knowledge will enhance the accuracy of NIA coding, which in turn
supports case management, investigations and helps build the broader intelligence
picture.
The burglary process includes:
Offence reported
> Offence recorded
> Offence investigated
> Action
> Close.
The procedures section details good practice for all burglary investigations, and
specialised information for safe-breaking investigations.
Health and safety duties
Maximising safety and minimising risk
Maximising safety and eliminating or minimising risk at work is the responsibility of
all Police employees and persons engaged by Police to provide a service including
contractors and their employees, trainees, interns and volunteers. It is delivered
through meeting the obligations under the Health and Safety at Work Act 2015 and
Police safety policies.
A key enabler is the application of the TENR-Operational threat assessment in the
workplace.
The expectation of the Commissioner and the Act is that persons in the workplace
will take reasonable care to ensure that their acts or omissions do not adversely
affect the health and safety of other persons, comply as far as they are reasonably
able to with any reasonable instruction that is given in order to comply with the
Health and Safety at Work Act 2015 or regulations under that Act. They will co-
operate with any reasonable policy or procedure relating to health or safety at the
workplace that has been notified to them and take immediate action to stop any
perceived or potential breach of the act or if impractical, immediately report the
matter to a supervisor.
Health and safety should be an everyday conversation
Relevant Police instructions include:
• Hazard management
• Health and safety
• Wellness and safety
• this chapter in relation to the safe investigation of burglaries and allied
offences.
Related information
See also these chapters:
• ‘Case management’
• ‘Crime scene examination’
• ‘Homicide and serious crime investigations’, ‘Part 1 Initial response to
homicide or serious crime’
• ‘Intelligence’
• ‘Interviewing’
• ‘Investigating offences’
• ‘Legislative Reference Table (LRT - Code Book)’
• ‘National Recording Standard’
• ‘NZ Insurance Council MOU’
• ‘Robbery’
• ‘Search’
• ‘Theft’.
Definition of burglary
Burglary definition
Every one commits burglary, who:
•
enters any
building or ship, or part of a building or ship
•
without authority
• with
intent to commit
an imprisonable offence in the building or ship
(s231(1)(a))
or
• having entered any building or ship
• remains in it, without authority, and with intent to commit an imprisonable
offence in the building or ship.
(s231(1)(b))
See ‘Other definitions relevant to burglary’ in this chapter for further explanation on
the ingredients to burglary.
Burglary ingredients: flow chart
Other definitions relevant to burglary
This table shows definitions of terms under the Crimes Act 1961 or as interpreted
and relevant to the offence of burglary and this chapter.
Term
Definition
To be ‘armed’ is to have physical possession of the weapon or
Armed
instrument. See ‘Possession’.
‘Artifice’ involves being “cunning, skilled, artful”; for example:
Artifice
• making up fake Telecommunications company
identification and then pretending you need to enter the
house to check the phones
• promising a young child sweets if he or she opens the
door.
For a person to commit the offence of burglary they must have
Building / Ship /
Enclosed Yard
entered a building, ship or enclosed yard.
For examples
and recording
‘Building’ means any building or structure of any description,
tips, see NRS
whether permanent or temporary, and includes:
Burglary
• tent
Coding Guide
• caravan
• campervan
• open sheds or shelters
• carports
• any closed cave or closed tunnel
• any parts of these buildings.
(s231(2))
Note: This definition applies only to sections 231 and 232.
‘Ship’ means every description of vessel used in navigation,
however propelled, and includes any:
• barge
• lighter
• dinghy
• raft
• or like vessel
• any ship belonging to or used as a ship of the armed
forces of any country.
(s2)
Note: ‘Ship’ also includes a:
• boat
• houseboat
• motorboat
• yacht
• jet boat
• row boat
• kayak
‘Enclosed yard’:
• does not have to be fully enclosed
• can have open driveways and paths
• must be appurtenant to a building (contain or be
adjacent to or associated with)
• must appear private, not public to a reasonable person
• must have a physical delineation (even if not continuous)
• height or material built from is irrelevant
• e.g. chain, low brick wall, simple timber rail
•
Note: An open front of a property that is not clearly
delineated is not likely to be regarded by the Courts as
enclosed. Therefore, offences such as stealing items from
an open front part of a property or from a car parked in a
driveway in the front of an open property are thefts
rather than burglaries
Includes:
• fenced yards of all kinds
• back yards surrounded by private property
• front yards with planting or fence along much of the front
of the property.
Excludes:
• area adjacent to a public space with no delineation,
where it would reasonably be mistaken for public land
• enclosed grounds that do not contain or are adjacent to
a building.
The Concise Oxford Dictionary defines ‘yard’ as “Piece of
enclosed ground, especially one surrounded by or attached to
building(s)...”.
The High Court case of
Hewson v Police HC Whangarei AP25/97,
14 October 1997, Justice Laurenson stated:
“the word ‘enclosed’ has now, for all practical purposes, come
to be regarded as describing constructions or plantings, or any
other form of physical delineation including, for example,
concrete edgings, not necessarily continuous, which are
sufficient to convey to a reasonable person that members of
the public as such were intended to be excluded and the space
reserved for the use of the occupier and persons authorised by
him to enter or having some other special authority to do so.”
Although the yard does not have to be fully enclosed to fit the
definition of an enclosed yard, an open front of a property that
is not clearly delineated is not likely to be regarded by the
Courts as enclosed. Therefore, offences such as thefts of items
from an open front part of a property or from a car parked in
an open driveway in the front of the property are thefts rather
than burglaries.
‘Part of building or ship’
A person enters a building or ship lawfully. At the time of
entry, that person has no intent to commit an imprisonable
offence. However, while in the building or ship, the person
forms an intent to commit an imprisonable offence and enters
another part of the building or ship without authority to
commit that offence. This would amount to a burglary.
For a person to commit the offence of burglary they must have
entered a building, ship or enclosed yard.
For the purposes of sections 231 and 232:
• entrance into a building or ship is made as soon as any
part of the body of the person making the entrance, or
any part of any instrument used by that person, is within
the building or ship, and
• every one who gains entrance to a building or ship by any
threat or artifice used for that purpose is to be treated as
having entered without authority.
(s231(3))
Entry by threat or artifice could include:
• threatening to set fire to a building unless entry is
permitted
• promising a child sweets in exchange for being allowed
to enter
• conspiring with an employee to leave a door insecure.
Note: ‘Entry’ also applies to enclosed yards, so even if there
has been an unsuccessful attempt to enter a building this
ingredient may still be met if the person responsible entered
an enclosed yard area surrounding the building.
• Where there are signs of an unsuccessful attempt to
enter a building, such as clear tool marks on a door or
window, or a padlock or chain is cut, and the person or
their tool
did not enter an enclosed yard or any part of
the building to do that, consider attempted burglary.
‘Found in a place’ means to be found on, or discovered at the
place, or seen entering or leaving that place, by some person,
at the time of the incident. In
Braxton v Sugrue (1929) GLR 31,
the suspect admitted to being on the property, but as he had
not been found or even seen on the property the Judge ruled
that the admission was not sufficient evidence.
‘Instrument’ means any object that could be used by a burglar
Instrument
to enter or leave a building. For example:
• jemmy bars
• bolt cutters
• gloves
• keys
• two-way radios
• masking tape
• explosives.
To act with intent is to think about a particular goal, then carry
Intent to commit
an imprisonable
out an action in an attempt to achieve that goal. Evidence of
offence
intent may be found in the:
For examples
• commission, or attempted commission, of the offence
and recording
• suspect’s words, conduct or demeanour.
tips, see NRS
Burglary
For a person to commit the offence of burglary they must have
Coding Guide
intended to commit a burglary, you need to be able to prove
that they intended to commit an offence punishable by
imprisonment at the time of entry.
There is no requirement that the offence intended (e.g. theft or
damage) at the time of entry (or after being present without
authority) be actually committed.
The best evidence of intent to commit an imprisonable offence
will be proof that an offence was committed at the
premises/location entered, but the intent may be established
by any other relevant evidence. For example, a person who
enters a house to steal property but is then frightened off by
the owner before stealing the property has committed the
offence of burglary.
Note: If the imprisonable offence is committed, it can be the
subject of a separate charge. There must be intent to commit
an imprisonable offence but it is not material which
imprisonable offence is intended.
In relation to burglary, ‘possession’ means physical possession
Possession
of an instrument capable of being used for burglary with intent
to use it for such a purpose. This includes having:
• the instrument on one’s person, or being on a joint
enterprise with a second person who has possession
(where several people are pursuing a common purpose,
possession by one is possession by all)
• almost immediate access to the instrument.
Note: The suspect must have knowledge of the common
enterprise and of the instrument’s existence. Such knowledge
may be inferred from the circumstances.
For a person to commit the offence of burglary they must have
Without authority
entered a ‘building’ or a part of a ‘building/ship’ or enclosed
For examples
yard without authority. ‘Without authority’ includes:
and recording
tips, see NRS
• a person entering an area they do not have legitimate
access to, or would reasonably expect, under the
Burglary
circumstances, not to have permission even if they did
Coding Guide
know the owner/occupier, for example:
• the home of a stranger
• the back of a shop
• a person enters a place that they have been trespassed
from
• a person who legitimately enters a building but then
remains after the authority to be there has been revoked,
for example:
• by being trespassed
• remaining after hours (perhaps hiding).
• entry gained by threat or artifice.
Places that are owned, but have a ‘public’ aspect to them (e.g.
schools, parks, playgrounds)
If most reasonable people would consider that members of the
public have an implied right to be in a particular place at a
particular time, then this indicates people are there with
authority. Typical examples are school grounds, public parks,
public carparks and sportsgrounds. Each situation needs to be
taken on its merits as some of these places may have specific
circumstances or places within their grounds that mean there
is no implied right.
Clear indications that there is no implied right at a given
location include places that are locked or have signage
specifically indicating an area as being private, making it clear
that members of the general public do not have authority to
be there. Also generally, it is understood that only certain
people have authority to be in the buildings at these places.
Note: See:
• for charging purposes, the ‘burglary commentary’ in Westlaw NZ for further
information relating to:
◦ entry
◦ building or ship
◦ without authority
◦ mental element as to lack of authority
◦ with intent to commit an imprisonable offence.
• For recording purposes, the ‘Burglary Coding Guide’ in the National Recording
Standard for examples and scenarios related to the ingredients of burglary.
Building, ship, enclosed yard: flow chart
Dwelling burglary
All dwelling burglaries must be treated as a high priority for attendance at the
offence locations for crime scene examination.
What is a dwelling burglary?
A dwelling burglary is where:
• someone lives or it is a house or home
• someone entered it, or tried to enter it
• without authority and with intent to commit an imprisonable offence.
Dwelling includes:
• home
• house
• vacant dwelling
• motel
• hotel
• backpackers
• holiday park
• caravan
• campervan
• tent
• institution, long term hostel.
What is not a dwelling burglary?
A dwelling burglary is not:
• a construction site
• an outbuilding not lived in
• detached garages
• garden shed
• milking shed
• hay shed
• implement shed.
Burglary involving ‘hate crime’: ensuring victims are put
first
When responding to a burglary that may also be considered a ‘hate crime’ (e.g. a
family home damaged by offenders painting racist and derogatory slogans and
symbols), it is important to reassure victims and let them know that legislation
provides the means to deal appropriately with hate-motivated offending. Most
importantly, ensure bringing the ‘aggravating factors’ to the Court’s attention. Police
focus must be on providing a victim-centred service to individuals or groups who
experience ‘hate crimes’.
Note: There is no general law that allows Police to record ‘hate crime’. However,
options exist to deal with those committing offences seemingly motivated by
prejudice under the Human Rights Act 1993, but the penalties are far less than those
under the Crimes Act 1961.
Behind the scenes, it is also important to capture words, symbols or other features
of the offending effectively so that Police (and other agencies) can recognise an
incident appropriately as a ‘hate crime. This includes adding specific commentary in
the NIA narrative which explains why the victim (or Police) believe the matter should
be treated as a ‘hate crime’, so this can be used either for intelligence purposes, or
as part of the proceedings if the case results in later prosecution action.
Support for victims
Victims of burglary
Victims of burglary are highly vulnerable and prone to re-victimisation, particularly
in the first week after the offence. Police should consider providing prevention
advice immediately to “target harden” the scene as well as other nearby properties.
Victims may find evidence relating to the burglary after initial Police attendance
such as tools, moved/hidden items, things belonging to the offender etc. These
items can be useful to link the offender to the scene and may lead to their identity.
Police should re-engage with the victim and have items examined and recorded on
the case file. This also presents an opportunity to reassure the victim and provide
any case update.
Repeat victims
Repeat victims, e.g. those that have reported a burglary on more than one occasion,
should be spoken to by Police to ascertain why they are being targeted. This can
indicate that the same offender has returned to commit further offences or too
many or unnecessary opportunities exist that has made the victim more susceptible
or an attractive target for this type of offence. Prevention advice or referral to
persons able to provide credible assistance to reduce opportunities for further
crime, should be given.
Victim Support
Victims of burglary should also be referred to Victim Support for support as soon as
possible after the offence is reported.
Burglary prevention advice
See the burglary prevention advice for advice to the public and victims of burglary.
Offences reported and recorded
Offences reported to, or discovered by Police must be
recorded
The National Recording Standard (NRS Section 1.3) contains rules and principles
governing recording of offences.
Recording offences intranet page provides an overview of these rules and contains
links to training and resources.
Code book – charge wording, penalties and more
The Legislative Reference Table (LRT - Code Book) is a search tool that links to
information about all offence, incident and task codes. The code book provides the
following information for each offence code:
• legislative reference details, for example:
◦ offence code description
◦ offence category
◦ charge type
◦ legislative reference
◦ specimen charge narrative
◦ minimum charge age
◦ statutory limit
◦ DNA relevance
• penalties and fines
• information requirements relating to:
◦ victim
◦ family violence
◦ traffic
◦ file retention
◦ classification.
Offences
This table details the offences relevant to this chapter.
Offence and
Legislation and penalty
categorisation
Burglary - entered with
Section 231 (1)(a) - Crimes Act 1961.
intent.
Liable to imprisonment for a term not exceeding 10
Category 3 offence
years.
Burglary - having entered
Section 231 (1)(b) - Crimes Act 1961.
remained without
Liable to imprisonment for a term not exceeding 10
authority with intent.
years.
Category 3 offence.
Attempted burglary.
Sections 72 and 231(1)(a) or (b) – Crimes Act 1961.
Category 3 offence.
Liable to imprisonment for a term not exceeding 5
years.
Aggravated burglary –
Section 232 (1)(a) - Crimes Act 1961.
entered with intent and
Liable to imprisonment for a term not exceeding 14
with weapon.
years.
Category 3 offence.
Aggravated burglary –
Section 232 (1)(b) - Crimes Act 1961.
remained with intent and
Liable to imprisonment for a term not exceeding 14
with weapon.
years.
Category 3 offence.
Aggravated burglary –
Section 232 (1)(b) - Crimes Act 1961.
remained after burglary
Liable to imprisonment for a term not exceeding 14
and with weapon.
years.
Category 3 offence.
Aggravated burglary –
Section 232 (2) - Crimes Act 1961.
armed with intent.
Liable to imprisonment for a term not exceeding 5
Category 3 offence.
years.
Possession of instrument
Section 233(1)(a) - Crimes Act 1961.
for burglary.
Liable to imprisonment for a term not exceeding 3
Category 3 offence.
years.
Being disguised for
Section 233(1)(b) - Crimes Act 1961.
burglary.
Liable to imprisonment for a term not exceeding 3
Category 3 offence.
years.
Providing explosive to
Section 272 - Crimes Act 1961.
commit a crime.
Liable to imprisonment for a term not exceeding 2
Category 3 offence.
years.
Possession of burglary
Section 14 - Summary Offences Act 1981.
tools.
Liable to imprisonment for a term not exceeding 3
Category 2 offence.
months or a fine not exceeding $2,000.
Carrying or possessing
Section 45(1) - Arms Act 1983.
firearms without lawful
Liable on conviction to imprisonment for a term not
purpose.
exceeding 4 years or to a fine not exceeding $5,000,
Category 3 offence.
or to both.
Unlawful carriage or
Section 51(1) - Arms Act 1983.
possession of firearm in
Liable on conviction to imprisonment for a term not
public place.
exceeding 3 years or a fine not exceeding $4,000 or
Category 3 offence.
to both.
Carrying firearm with
Section 55(1) - Arms Act 1983.
criminal intent.
Liable on conviction to imprisonment for a term not
Category 3 offence.
exceeding 5 years.
Found in a public place
Section 28 - Summary Offences Act 1981.
preparing to commit an
Liable:
imprisonable offence.
• to a fine not exceeding $2,000; or
Category 1 offence;
• for a second or subsequent offence within a
period of 12 months, to imprisonment for a
Category 2 offence.
term not exceeding 3 months or a fine not
exceeding $2,000.
Found on property
Section 29 - Summary Offences Act 1981.
without reasonable
Liable to imprisonment for a term not exceeding 3
excuse.
months or a fine not exceeding $2,000. If warned to
Category 2 offence.
leave and if refuses or fails to do so, liable to a fine
not exceeding $500.
Peeping or peering into
Section 30 - Summary Offences Act 1981.
dwelling house.
Liable to a fine not exceeding $500.
Loitering on any land.
Category 1 offence.
Ingredients of burglary related offences
Aggravated burglary (s232 CA)
Ingredients:
• while committing burglary
• had a weapon with them or used any thing as a weapon
or
• having committed burglary
• had a weapon with them or used anything as a weapon
• while still in the building or ship.
Note: ‘Had a weapon with them’ does not require physical possession. Ready access
to the weapon is sufficient.
Armed with intent to commit burglary (s232(2) CA)
Ingredients:
• were armed with a weapon
• with intent to commit burglary.
Note: It is not necessary to identify the particular building entered, or intended to
be entered. In practice, a charge of being armed with intent is used when a suspect
is found armed and:
• is apprehended attempting to commit a burglary
• makes a verbal admission of intent to commit burglary or entering without
authority, when found at the scene.
You may want to use this charge in addition to a charge of burglary or attempted
burglary.
Attempted burglary (s72 and s231)
Ingredients:
• intent to commit burglary
• does or omits an act for the purpose of accomplishing their object to commit
the burglary intended.
Note: Where there are signs of an unsuccessful attempt to enter a building, such as
clear tool marks on a door or window, or a padlock or chain is cut, and the person or
their tool did not enter an enclosed yard or any part of the building to do that,
consider a charge of attempted burglary.
Being in possession of instrument for burglary (s233(1)(a) CA)
Ingredients:
• without lawful authority or excuse had in their possession
• any instrument capable of being used for burglary with intent to use it for such
a purpose.
Note: The offence relates only to burglary. You need to prove that the suspect
actually intended to use the instrument for burglary.
It is a defence to prove that the suspect had a lawful authority or excuse for
possessing the instrument.
Being disguised for burglary (s233(1)(b) CA)
Ingredients:
• without lawful authority or excuse
• had their face covered or were otherwise disguised
• with intent to commit any imprisonable offence.
Note: The onus of proving the lawful authority or excuse lies on the defendant.
Possession of burglary tools (s14 SOA)
Ingredients:
• without reasonable excuse
• possessed
• any instrument capable of being used for burglary
• in circumstances that prima facie showed an intention to use it for burglary.
Even when the offence contains a defence previously falling within repealed section
67(8) of the Summary Proceedings Act 1981, the removal of the reverse onus will not
require the prosecution to exclude the application of the defence in every case. In
accordance with general evidential principles, the defendant will bear the evidential
onus of making the defence a triable issue. That requires him or her to point to
some evidence (by way of either cross-examination of prosecution witnesses or
direct evidence) that makes it a reasonable possibility. The mere assertion by the
defendant that the prosecution has not proved beyond reasonable doubt that a
defence does not apply will not suffice. In most cases, therefore, the change from a
legal to an evidential burden will make no difference to the way in which the trial is
conducted or its outcome.
However, if the defence produces evidence showing that the suspect had a
reasonable excuse, the burden of proving that this excuse is not valid shifts to the
prosecution.
It would be prudent from an investigative point of view to explore possible
“excuses” thoroughly in the interview phase with a view to discounting these where
applicable.
As detailed in the commentary in Westlaw, “whenever ‘reasonable excuse’ is
negated, the ‘prima facie intention’ rule means that, if it is satisfied, the defendant
may be properly convicted of this offence even though it may be established that
use for burglary was not in truth intended by the defendant”.
See the possession of burglary tools commentary in Westlaw NZ for further
information relating to:
• possession
• any instrument capable of being used for burglary
• circumstances that prima facie show an intention to use it for burglary
• reasonable excuse.
Forfeiture
If a person is
then. . .
convicted. . .
of possessing burglary the court may order the instrument(s) be forfeited to
tools under section 14
the Crown or disposed of as the Court directs at the
of the Summary
expense of the person convicted and may also order the
Offences Act 1981,
person to pay any reasonable costs incurred by the
Commissioner of Police in holding the instrument(s)
(section 44A of the Summary Offences Act 1981 refers).
Note: These forfeitures are automatic statutory
consequences of conviction. There is no need to request
an order for destruction.
under section 233 of
there is no provision for automatic forfeiture.
Note: You
the Crimes Act 1961,
must apply to the court for an order to have the
instruments destroyed.
of using, carrying or
the court may order that the weapon be seized and
possessing a firearm,
disposed of as the Commissioner of Police directs
airgun, pistol,
(section 69 of the Arms Act 1983 refers).
restricted weapon,
imitation firearm,
ammunition or
explosive in breach of
the Arms Act 1983,
of being in possession the court may, if it thinks fit, order the instrument to be
of an instrument for
forfeited to the crown or disposed of as the court
burglary, under
directs at the expense of the convicted person, and may
Section 233(1)(a) of
order the person to pay any reasonable cost incurred by
the Crimes Act 1961,
the Commissioner of Police in retaining the instrument
(section 233(2) of the Crimes Act 1961 refers). Note that
section 233 is to be read in conjunction with section 377
of the Criminal Procedure Act 2011 which provides for
the restitution of property in the possession of an
accused where some other person can establish
ownership of the items in question
Burglary procedures
Initial action
When you receive a report of a burglary, follow, where appropriate, the procedures
in the Homicide and serious crime investigations chapter, ‘Part 1 Initial response to
homicide or serious crime’ and the ‘Crime Scene Examination’ chapter of the Police
Manual.
Interviewing the victim
After clearing and containing the scene, interview the victim to establish:
• when the premises were last secured
• who last secured them
• the date and time that the offence was discovered
• who discovered it
• brief details of the offence
• brief details of the property stolen
• details of suspects
• whether anything has been moved or touched by the victim or anyone else
• whether the premises had been burgled before.
Examining the scene
A scene of crime officer (SOCO) should be used to examine any burglary scene
wherever possible. If no SOCO is available follow these steps when examining the
scene.
Step
Action
1
Identify all possible points of entry and exit and:
• note the size, depth and nature of any force marks
• preserve any impressions with rubber moulding compound from the
SOCO.
2
Take control samples, for example:
• glass chips where a window has been broken
• paint flakes where an instrument has caused paint damage.
3
Ensure the scene and any significant evidence within it has been
photographed by a Police photographer (if possible) or by attending
constable prior to any evidence disturbance or collection.
Forensic examination
Follow these steps when conducting a forensic scene examination.
Step
Action
1
Start fingerprinting after the point(s) of entry and exit have been
determined and examined.
2
To ensure that no fingerprints are missed, try to find any parts of the
window, door and surrounding surfaces that may have been touched by
the suspect.
3
Ensure sites identified as suitable for swabbing for DNA are identified
such as blood left at points of entry (e.g.: broken windows).
4
Secure any evidence such as tools and instruments used to force entry,
cigarette butts and blood.
See also: ‘Crime Scene Examination’.
No forced entry
If there is no sign of a forced entry, examine the door locks. Consider whether:
• a hidden key was found
• a skeleton key was used (if necessary, obtain the services of a locksmith)
• anyone is known to have keys to the address
• there was collusion with employees to leave a door or window unsecured
• a family member or close associate may have a key to the address and
therefore may be responsible for accessing the premises.
Collusion with an employee
While examining the interior of the building, consider whether the offence indicates
that an employee provided information about:
• the alarm system
• the location of the safe, keys, valuables or expensive property
• the presence or absence of security staff
• when the maximum takings would be available
• the identity of the cleaners
• alarm codes used by various employees including cleaners and/or delivery
people.
Then obtain computer records of all alarm monitored activity and secure any
available video footage.
Insurance
Consider whether there is evidence that the complaint has been made for the
purposes of deceiving an insurance company, or to cover misappropriation of
money. Where appropriate, make enquiries with the complainant's insurer or access
the NZ Insurance Council database for more information.
Preparing the case file
Follow these steps to conduct the listed interviews and complete the associated
correspondence.
Step
Action
1
Interview the person who secured the building, ship or enclosed yard if
fully enclosed and the person who discovered the offence. Record the
details on a job sheet or in a written statement, whichever is appropriate.
Obtain elimination fingerprints.
2
Conduct a preliminary interview of the victim and clarify aspects of the
offence. Consider and evaluate the evidence and information to make a
reconstruction for an offence report.
3
Establish these points for the offence report:
• full particulars of the victim
• full description of the property stolen and how it can be identified
• any additional information that the victim has omitted in the
interview
• insurance details
• who does the owner/occupier think may be responsible for the
burglary and why.
4
If applicable, obtain and include:
• a list of the staff
• a list of the occupants of the dwelling or apartment house
• elimination fingerprints.
5
Also include:
• the results of the scene examination
• the name of the attending Police employee who may be needed for
further information such as the identity of the suspect, or details of
other property stolen
• details of intended Police action.
6
Advise the victim what further actions will be carried out, and issue a
Complaint Acknowledgement Form (CAF) to the victim.
Important: Include the file number and/or event number.
7
Before leaving the scene, conduct local enquiries, interview witnesses and
record the details in a job sheet or written statement, whichever is
appropriate.
See also ‘Case management’.
Making further enquiries
Follow these steps to make further inquiries.
Step
Action
1
Complete POL23 (offence report) and POL23B (supplementary burglary
report).
2
Ensure your supervisor is advised of the offending.
3
Plan further enquiries and record these on the job sheet or for more
detailed investigations prepare an investigation plan.
4
Consider broadening the scope of local enquiries by questioning:
• neighbours
• vendors
• transport operators
• shift workers
• distributors of mail, circulars and newspapers.
5
Ensure the POL23 and 23B reports are submitted through your supervisor
prior to the end of your shift.
6
Ensure all identifiable property is recorded accurately for entry into NIA.
Make sure you arrange follow-up enquiries with the victim to obtain serial
numbers when they are not readily available.
7
Consider:
• obtaining a written statement from the victim
• contacting the media
• issuing a special notice
• whether similar complaints have been made, and whether the victim
has a criminal history.
8
Arrange for the exhibits to be examined by appropriate experts.
See also: ‘Crime Scene Examination’.
Role of the Intelligence section
The effectiveness of Police depends on its ability to obtain, process and effectively
use intelligence. Intelligence is information that has had value added to it by the
intelligence process. All Police employees should therefore have an understanding
of the intelligence process, be aware of their role in collecting information and
intelligence, and be aware of their obligations in relation to intelligence noting’s
under the National Recording Standards.
An efficient intelligence process leads to the effective use of resources and greater
success against criminals, resulting in reduced criminal activity. Burglary is an
offence where offender/s are likely to be recidivist and will use specific M.O’s.
Offenders can quickly accelerate offending levels if left unchecked. Intelligence
offices have only limited collection capabilities and are therefore largely dependent
on all Police employees for gathering information (and/or intelligence) on their
behalf. The intelligence office is responsible for collating, storing and analysing
information collected from all sources in order to produce intelligence product to
support operations and decision-makers. They are also responsible for providing
general crime and crime trend analysis for tactical purposes.
Intelligence staff must follow these steps.
Step
Action
1
Receive copies of POL23 and 23B offence reports.
2
Apply rigorous methodology around data collection and M.O. analysis.
3
Coordinate dissemination of further information as required across areas
and districts to inform others of the burglary, giving details of the stolen
property and a description of the suspect to groups including:
• law enforcement teams, crime control units and burglary squads
• second-hand dealers
• other stations, by either e-mail alerts or bully board messages
posted locally, by area or nationally
• the NIC (Modus Operandi section) at PNHQ when an offender has a
distinctive modus operandi or a serious crime is also involved
• human sources.
Intelligence sections provide a viable product back to relevant decision-makers via
the tasking and coordination process. That information could include:
• hot offenders, victims and locations
• identified offending linked to burglary
• suspicious activity reported around the time of this offending
• known dishonesty offenders who are residing in the same area as the
identified offending.
Role of the decision-maker
The decision-maker:
• prepares and implements deployment plans when required which utilises a
‘whole of policing’ approach in an effort to identify person(s) responsible for
the burglary offending and any other associated crimes including:
◦ Community Policing Teams
◦ Community constables
◦ Youth Services
◦ Targeting squads (LET / CPT’S / burglary squads)
◦ Media
◦ Neighbourhood Support Groups (NSG)
◦ Community Patrol groups
• uses various tools including press releases, e-alerts, letter-box flyers
dependent on the severity and/or frequency of the offending and/or other
criminal activity linked or occurring in the area around this time
• identifies other coordinated activity such as:
◦ ensuring bail checks are completed especially those involving known
dishonesty offenders
◦ cold calls on identified suspects
◦ directed high visibility policing activity including foot and mobile patrols
at identified ‘high risk’ times.
Evidential categories for suspect
There are three evidential stages of suspect.
Stage
Description/action
No evidence
Description:
• Person named as a suspect, no tangible evidence linking
them. Examples, victim nominates them, Police staff
nominate them based on local knowledge / modus
operandi.
Action:
• link person as suspect on the occurrence in NIA
• consider speaking to the suspect for their explanation.
Some
Description:
evidence
• Some evidence linking person as a suspect (e.g. fits
description, motive, forensic, named and ID by victim).
Examples, fingerprint hit – but explanation needed,
nominated from CCTV footage, but want warrant to identify
clothing / alibi information.
Action:
• link person as suspect on the occurrence in NIA
• locate and interview suspect:
◦ if not located, enter wanted to interview (WTI) alert in
NIA.
Evidential
Description:
sufficiency
• There is evidential sufficiency, could arrest and charge
suspect with no further information, but they have not yet
been located / spoken to in regard to the offence.
Action:
• link person as suspect on the occurrence in NIA
• locate and interview suspect:
◦ if not located, enter wanted to arrest (WTA) alert in
NIA.
Investigating the suspect
Follow these steps to investigate the suspect.
Step
Action
1
Ensure the suspect (this is a requirement of NRS, see 1.8.2 Recording of
Suspects) is entered as an entity into the occurrence with the role of
suspect and linked to the offence in the visual linker in NIA as ‘suspect’.
2
Investigate the suspect or suspects who may be indicated by:
• fingerprints
• DNA
• clothing
• modus operandi
• vehicle(s)
• victim and witnesses
• staff lists
• human sources
• accomplices
• media response
• patrol groups and other Police squads
• second-hand dealers
• computer auction sites such as Trade-Me
• graffiti left at the scene or in the surrounding environs
• identifying graffiti or, ‘claims’ on electronic social networking sites
such as Facebook or Twitter.
3
Consider making enquiries via other information sources including:
• Community Probation Service (Department of Corrections)
• other government agencies including the Ministry for Vulnerable
Children, Oranga Tamariki and Housing NZ
• licensed premises
• amusement arcades.
4
Consider interviewing people:
• arrested on other charges (cell block interviews)
• who were seen in suspicious circumstances or attracting attention at
the time of the crime
• whose names appear on Intelligence noting sheets.
5
Assess whether there are sufficient grounds to obtain a search warrant to
search a suspect’s dwelling and/or vehicle.
6
Consider seeking advice from the Police Technical Support Unit about
using:
• electronic alarms
• surveillance cameras
• video equipment
• tracking devices.
7
If there is a large-scale or series of burglary (and other related criminal)
offending and suspect(s) are identified and other methods have failed,
consider the use of call data warrants to support the activity in step 5
above.
8
Maintain contact with the victim(s) during the course of enquiries to gain
further information.
After identifying the suspect
Follow these steps after you have identified the suspect.
Step
Action
1
Collect information, including the suspect’s:
• name and aliases
• physical description
• residential address
• occupation and employment details
• marital status
• photograph
• criminal history
• vehicle details
• whether the suspect has previously supplied a DNA sample.
Also, find out whether the suspect’s fingerprints were identified at the
scene or on evidence found.
2
Record and link the suspect (this is a requirement of NRS (see 1.8.2
Recording of Suspects)
• enter them as an entity into the occurrence with the role of suspect
• link them to the offence in the visual linker in NIA as ‘suspect’.
3
Locate the suspect. If there is more than one suspect, separate them and
appoint an O/C suspect for each. Search suspects if you have their
consent.
4
Where the suspect cannot be located:
• enter an alert into NIA
• ensure area/district employees are alerted via tactical assessments
and area/district alerts
• notify other partner agencies including WINZ, Housing NZ,
Community Probation Service
• consider filing a charging document for the offending then seeking a
warrant to arrest in lieu of summons (assuming reasonable attempts
to serve the summons are made)
• ensure any alerts are entered into NIA including file numbers of any
warrant files.
5
Execute a search warrant if necessary and:
• appoint an O/C exhibits
• where possible always ensure that the suspect is present during the
search
• search the suspect’s property and vehicles
• seize all evidence, including stolen property, the suspect’s clothing
and footwear and any other property that will connect the suspect
to the burglary
• obtain the suspect’s explanation for the exhibits found and issue a
receipt on a Police 268.
6
Interview the suspect by means of electronic recording (DVD or VHS) if
possible otherwise seek to record a written statement. Ensure the
provisions of section 30(6) of the Evidence Act 2006 are complied with in
all cases, and, where a young person is interviewed, section 215 of the
Children, Young Persons and Their Families Act 1989. See the relevant
‘Interviewing’ chapter.
• Question re their current offending.
• Question re their previous offending.
• Ask questions which may identify their modus operandi or routine
methods of activity.
• Seek information which may identify others involved in this or
related offending.
7
Note and photograph any injuries. Seek an explanation of how they were
caused. Where evidence was found at the scene that the suspect was
injured, such as blood at the point of entry, consider seeking consent of
the suspect to allow a Police doctor to examine any injuries.
8
Consider obtaining a voluntary DNA sample under the provisions of
Criminal Investigations (Bodily Samples) Act 1995, Part 2 - Obtaining
[bodily] samples from suspects.
9
Obtain the suspect’s fingerprints, palm-prints and photograph.
10
Obtain your supervisor’s authority to prosecute and their assessment of
appropriate charges.
11
Ensure proper arrest procedures are adhered to including proper
assessment of any risks identified.
12
Ensure both, the watch house keeper and your supervisor, are notified of
the arrest.
13
Ensure all known and applicable information is entered into NIA and links
completed.
14
Clear or modify any alerts within NIA.
15
Ensure all resolutions are entered into NIA.
See: Part 5 – Apprehension and Clearance Requirements in the National
Recording Standard (NRS).
Final action
Follow these steps.
Step
Action
1
Complete enquiries to:
• corroborate the suspect’s statement
• recover all stolen property
• identify recovered property.
2
• Arrange for the ESR to examine the exhibits seized from the suspect
where required.
• Ensure any exhibits forwarded to the ESR for examination are
prioritised and ‘authority to examine’ signed-off by an authorised
officer. The suspect’s clothing and footwear should be examined for
trace evidence which could link the offender to the scene of the
burglary or victim(s).
• The Fingerprint Section or SOCO should examine fingerprints on any
recovered stolen property. SOCO should also identify any items
considered suitable for swabbing which may identify the victim’s
DNA (e.g.: bottles of alcohol).
3
Prosecute or carry out alternative action dependent on the age of the
suspect. Ensure YAS are notified early if the suspect is aged under 17 years
and that the provisions of the Children, Young Persons and Their Families
Act 1989 are adhered to. Then:
• consider whether to oppose bail
• seek appropriate bail conditions such as curfews, non-association
orders, reporting and residential clauses
• prepare Summary of Facts, any reparation schedules and Victim
Impact Statement(s)
• notify Prosecutions or YAS of any other matters which require their
consideration.
4
Complete the file by:
• advising the victim of the outcome
• returning property under receipt after the appeal period has expired
• cancelling or modifying any alerts and/or special notices
• advising any insurance company who has a registered interest in the
offending.
5
Acknowledge any assistance given by public and staff.
Safe breaking
Rationale
Safes come in many forms ranging from vaults or storage boxes in banks and
business premises, to ATMs and personal safes located on private premises. The
latter have become increasingly popular for the storage of personal valuable items
and once removed are highly portable.
Before you start
Photograph the scene before it is disturbed, so that it can be compared with similar
offences.
Blown safes
Where explosives have been used follow these steps.
Step
Action
1
Examine the safe for:
• traces of explosive (usually found on the bottom plate, inside the
door)
• packing such as plasticine, pastry, putty or moist clay
• evidence of the type of detonator used; for example, was it a Nobel's
no. 6 (which is plain aluminium), or electric (which would have two
wires attached)
• evidence of the type of fuse used; for example, was it a safety fuse,
or Cordex (which is instantaneous and used with a primer)
• igniters, such as:
◦ safety match
◦ match fuse (a large-headed match especially for starting a
fuse)
◦ batteries for an electric detonator
• a weight that was attached to the safe door handle, to hold it open
during the explosion.
2
Consider using the services of experts such as the ESR, the Inspector of
Explosives from the Ministry of Business, Innovation and Employment, or
a locksmith.
3
Carefully preserve anything taken from the blown safe that can be traced
back to the suspect. Have it examined by the ESR for burning or traces of
gelignite.
Broken safes
Where the safe has been opened by instruments, follow these steps.
Step
Action
1
Consider the offender’s methods and focus on these questions:
• Were the hinges cut off and a jemmy used on the door?
• Were the walls cut open?
• Was an entire wall jemmied off?
2
Consider whether anything that has been cut reveals any peculiarities
that can be compared with the instrument used. These peculiarities can
be used to identify the instrument if it is not recovered at the scene.
Arrange for ESR examination.
3
If the safe was cut open with a cutting torch, consider:
• how it was cut; for example:
◦ around the lock, giving access to the locking tumblers
◦ through a wall and inside lining
• whether the offender was skilled at using the torch
• whether any covering was placed over a window to hide the glare.
4
Examine any equipment left at the scene. This may be traced through
serial numbers on gauges and glass bottles.
5
Where the safe is an ATM, obtain any relevant surveillance footage
provided by nearby CCTV. Check for other similar MOs (gas attack, ram
raid etc.) and liaise with the ATM company/bank or guarding company
associated with the ATM.
Control samples
Take control samples for later comparison with traces from the suspect’s clothing.
These samples include:
• safe packing (looks similar to sawdust)
• fibres and dust from sacks or other padding placed around the safe before the
explosion
• paint chips, particularly when a safe is hacked open
• metal bubbles, where a safe is cut with a torch.
Possession of burglary instruments
Searching for instruments
When anyone is apprehended at the scene of an offence, found loitering under
suspicious circumstances, or suspected of committing a burglary offence, consider
searching for instruments:
• in the vicinity of the offence
• on the suspect’s person, if you have consent
• in the suspect’s vehicle and at his or her home. If you do not have consent and
you have sufficient grounds to do so, consider obtaining a search warrant.
Further information: See the ‘Search’ chapter of the Police Manual.
When instruments are found, follow these steps.
Step
Action
1
Carefully preserve them for:
• comparison with marks left at other burglaries
• production in court.
2
Issue a receipt on a Police 268 for property seized.
3
Interview the suspect by means of electronic recording (DVD) if possible
otherwise seek to record a written statement. Ensure the provisions of
section 30(6) of the Evidence Act 2006 are complied with in all cases. See
the ‘Interviewing’ chapters.
4
You can file a charge of possessing burglary instruments along with other
charges arising from the same incident.
