Investigation and Enforcement for Environmental Officers

Key learning points:

• Fully understand how to implement waste environmental legislation,
• Know and understand the powers of authorised officers and the scope of relevant offences,
• Investigate complaints / suspected offences in compliance with the rules of evidence,
• Gather evidence effectively,
• Interview witnesses and suspects effectively and in accordance with their legal and constitutional rights,
• Deal with solicitors, pre-prepared statements, pre-interview disclosure,
• Understand the rules of disclosure,
• The Environmental Protection Agency Act, 1992 and the Waste Management Acts 1996 to 2003,
• Draft clear and effective statutory notices, warning letters and investigation reports,
• Write a clear witness statement which will stand up to scrutiny,
• Understand the role of the prosecutor,
• Deciding who to prosecute. Prosecuting a company,
• Prepare a full and proper file for the prosecution of an offence in the criminal justice system either in the District Court (summary offences) or in the Circuit Court (indictable offences),
• Best practice in setting up an investigation,
• Collection of evidence,
• Developing a consistent approach to enforcement and enforcement policy

Module 1: Law, Evidence, Procedure and Best Practice

This module equips delegates with the skills needed to set up a successful investigation.
Delegates will learn about governing legislation and how to gather evidence to best practice standards so that it is relevant, credible and admissible.

On completion of this module, delegates will:

• Have an appreciation of their governing waste management legislation including The Environmental Protection Agency Act 1992 and the Waste Management Acts 1996 to 2003,
• Understand offences and how to identify proofs,
• Clear understanding of their powers,
• Understand the need for consistency of approach in investigative procedure,
• Understand the different types of evidence – oral, real and documentary,
• Understand hearsay and circumstantial evidence,
• Know how to use photographs, maps, notebooks, recorded evidence and samples as evidence,
• Know how to distinguish between facts, inferences and opinions,
• Know how to follow best practice in evidence gathering procedure,
• Know how to manage exhibits and create an exhibit log,
• Understand the rules of evidence and admissibility of evidence,
• Have an understanding of our legal system, court system and prosecution procedure – both summary and indictable.

Module 2: Investigative Interviewing

This module will provide delegates with the key skills to interview witnesses, obtain witness statements and interview suspects to best practice standards.

On completion of this module, delegates will:

• Know how to plan and prepare different types of interviews: witness and suspect,
• Understand the purpose of an interview and when to interview,
• Understand Human Rights and how to ensure an individual’s rights are protected in the investigative process,
• Learn how to phrase questions in order to exhibit fairness, whilst ensuring that information is obtained,
• Learn how to properly structure an interview, use different questioning techniques and deal effectively with evidence in an interview,
  Understand the “caution” and how and when to administer it,
• Be able to structure an investigative interview that will stand up to scrutiny if challenged,
• Learn how to take a memorandum of interview or a statement under caution,
• Experience practical role-play and put the skills learned into practice,
• Understand the PEACE method of investigative interviewing.

Module 3: Excellence in Written Evidence

Written evidence is a vital part of any waste investigation. In many cases, having top quality written evidence can prevent a case going to court. Delegates will learn how to improve the content, structure and style of their statements and reports as well as adopting a best practice approach to note taking.

On completion of this module, delegates will:

• Understand the importance of an investigation log and how to use it,
• Understand the importance of contemporaneous notes and how to make them,
• Learn how to use an Officer’s note book,
• Understand the importance of writing statements, how to structure and take an accurate statement from a witness,
• Understand layout and formalities,
• Learn how to write different types of reports,
• Be able to insulate written evidence against cross examination,
• Develop a consistent and best practice approach to reports,
• Learn how to use exhibits / appendices / photos /plans / maps,
• Develop an objective and critical eye in relation to written evidence,
• Know how to analyse a case and ensure all aspects have been covered,
• Know how to examine evidence in light of an offence: weight, admissibility, etc.
• Be able to provide robust recommendations, fully supported by the evidence,
• Know what format the file should take,
• Understand what should be included and excluded,
• Understand how difficulties / weaknesses in the investigation are dealt with.

Module 4: Courtroom Skills and Giving Evidence

Local authority staff may find themselves in the witness box giving evidence on behalf of their local authority. Often local authority staff feel that they and their local authority are on trial. Doubt will be cast on the witness’s experience, notes, method of investigation and the procedures followed by them and their local authority. This training will provide delegates with the knowledge, skills and confidence to present evidence effectively. Delegates will learn about courtroom etiquette, procedures for giving evidence and experience realistic cross examination role-play on a case study related to their area of work.

On completion of this module, delegates will:

• Learn about the procedures and process of giving evidence in different arenas,
• Understand the process of giving evidence and how best to prepare,
• Understand the roles of the various people in court,
• Learn how to take the oath or the affirmation with confidence,
• Learn how to prepare for giving evidence,
• Understand the difference between examination-in-chief, cross-examination and re-examination,
• Recognise the techniques used by lawyers in cross-examination,
• Analyse how to handle cross-examination, in particular getting the across the whole truth,
• Experience cross-examination in the witness box and receive constructive feedback based on assessment criteria, content, structure and presentation,
• Have the option of including a video technician to record the cross-examination role-play with detailed on-screen feedback.