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STUDY UNIT 1: COLLECTING INFORMATION FROM VARIOUS SOURCES
1.1 Introduction: Why Information Matters in Policing
The Big Picture:
1.1.1 Police need information at three critical moments:
● Before a crime - to prevent it
● During a crime - to catch perpetrators red-handed
● After a crime - to identify and arrest offenders
This is called Intelligence - driven policing - the foundation of effective policing.
Key Rule: Information collection isn't random - it follows rules and regulations to ensure
fairness and credibility.
1.2 Legal Mandate for Information Gathering
1.2.1 Where does police power to gather information come from?
1.3 Law and What it Does
1.3.1. Constitution (1996)
● Police must prevent, combat, investigate crime
1.3.2. SAPS Act 68 of 1995
● Official mandate for policing
1.3.3. National Strategic Intelligence Act 39 of 1994
● How to collect and use info
1.3.4 Promotion of Access to Information Act 2 of 2000
● Police must also disclose info sometimes
,Important: EVERY police official collects information - not just the Crime Intelligence
Division.
The Limitation Clause: Police can infringe on rights but only within legal limits.
1.4 Sources of police information
Information Must Be:
● Relevant - Helps prevent, combat, investigate crime
● Timely - Current info is most valuable (but historical info still useful)
● Accurate - Reduces unlawful police action
1.5. Three main sources:
1.5.1. Informants
● People who give information about criminal activities
● Protected Disclosures Act 26 of 2000 protects them from victimisation
● Police must build trust with informants
● Critical Task: Verify and validate everything - don't trust blindly.
Example: A neighbour reports suspicious activity at a house - police verify the information
before acting.
1.5.2. WITNESSES/COMPLAINANTS
● Usually report crime voluntarily
● Police can enter premises under Section 26 of Criminal Procedure
,1.5.2.1 Act 51 of 1977
Can get names/addresses under Section 41(1) for:
● People they can arrest
● Suspected criminals
● Potential witnesses
● Section 205 - Magistrate/Judge can compel information
● Witness Protection Act 112 of 1998 protects threatened witnesses
1.5.2.2 Interviewing Tips:
1. Provide a relaxed, quiet environment
2. Start with general conversation
3. Balance importance with pressure
4. Stay relaxed and patient
5. Be non-judgmental
1.5.3. Police's own discoveries
● Only 7% of crimes discovered by police themselves
● Reiss (1971): 93% of crimes reported by public
● Police must stay VIGILANT at all times
● Interception and Monitoring Prohibition Act 127 of 1992 - Allows communication
interception with judge's permission
● Electronic Communications and Transactions Act 25 of 2002 - For cybercrimes
1.4 Questioning Techniques
1.4.1 Five Types of Questions: ( Type, Purpose and Example)
1.4.1.1 Closed
● Short, specific answers
Example:
● "Was the person shot or stabbed?"
, 1.4.1.2 Open
● Free-flowing answers
Example :
● "Tell me more about your relationship with the deceased."
1.4.1.3 Probing
● Extract more details
Example :
● "Who killed him/her?"
1.4.1.4 Leading
● Based on prior knowledge (dangerous!)
Example :
● "Do you still smoke dagga?"
1.4.1.5 Multiple
● Several questions at once (confusing!)
Example:
● "Did you make an accident while drunk after stabbing someone?"
1.5 Integrity and Validity of Information
1.5.1 What is Information Integrity?
● Crucial for procedural fairness