1/2014 Pre Req

Question 1

2 guys swimming in a pool and take a turns at touching a womans pubic hair.

What is the offence and what are the ingredients?

Answer 1

.indecent Assault
Section 135

INDECENT ASSAULT
Section 135 - 7yrs

A person
Indecently assault
Another person

Question 2

Guy puts on old freezing workers uniform and goes to the workshop and gets meat at a discounted price.

Answer 2

Obtains by Deception 
Section 240(1)(a)

Deception Sect 240(1(a) 7yrs/1year/3mths

1. By any deception
2. Any without claim of right
3. Obtains possession or control over
4. Any property OR Privilege OR Service OR Pecuniary Advantage OR Benefit OR Valuable consideration

Question 3

Joan tries to take a handbag off a women in the mall, the women holds on to her bag and Joan pulls out a knife and holds up the women. Members of the public yell out and she runs off without the bag.

What is the offence and what are the ingredients.?

Answer 3

Assault with intent to Rob

Section 2361)(b)

Question 4

Gang shooting/initiation. The gang member does not want to kill the victim so he fires several shots at his legs but misses.

What is the offence and what are the ingredients.?

Answer 4

Discharges firearm without intent to cause GBH
Section 198(1)(a)

DISCHARGING FIREARM or DOING DANGEROUS ACT WITH INTENT
Section 198(1)(a)
Crimes Act 1961
14 years

1. With intent to do GBH
2. Discharges any firearm, airgun, or other similar weapon
3. At any person

Question 5

Two guys pick up 10g of meth and drive around looking for someone to sell it to, but they don’t find anyone.

What is the offence and what are the ingredients.?

Answer 5

Possession of controlled drug for supply s6(1)(f):

Possession of any Controlled Drug for Supply
Sect 6(1)(f) MODA
Life/14/8yrs

1. Has possession of
2. Any Controlled Drug
3. For the purposes set out in paragraphs (c)(d)(e)

Question 6

SCENARIO

• Scenario: Abduction s208(b), Accessory after the fact s71(1), Conspiracy s310(1), Obtain by deception s240(1)(a), Receiving 246(1), Sexual violation by unlawful sexual connection s128(1)(b), Importing Class A s6(1)(a).

Answer 6

.

Question 7

What must the court consider under s8(1) BA2000?

Answer 7

Consideration of just cause for continued detention

(1) In considering whether there is just cause for continued detention, the court must take into account—

(a) whether there is a … risk that—
(i) the defendant may FTA in court on the date to which the defendant has been remanded; or
(ii) the defendant may INTERFERE with witnesses or evidence; or
(iii) the defendant may OFFEND while on bail; and

(b) ANY MATTER that would make it UNJUST to detain the defendant..

Question 8

EA2006 s4 Defn. of hostile witness.

Answer 8

HOSTILE WITNESS
A hostile witness is one who:

• EXHIBITS, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge OR
• Gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness OR
• Refuses to answer questions or deliberately with holds evidence

Question 9

S&S2012 s15 Entry to places, what you must suspect/believe.

Answer 9

Entry without warrant to find and avoid loss of evidential material relating to certain offences
Section 15

A constable may ENTER and SEARCH a place WITHOUT a warrant if he or she has reasonable grounds—

(a) to suspect that an OFFENCE punishable by imprisonment for a term of 14 years or more HAS BEEN, BEING, or is ABOUT TO be committed; and

(b) to believe—
(i) that EVIDENTIAL MATERIAL relating to the offence is in that place; and
(ii) that, if ENTRY IS DELAYED IN ORDER TO OBTAIN A SW, the evidential material will be C.A.D.D (destroyed, concealed, altered, or damaged

Question 10

R v MISIC Defn. of document

Answer 10

“Essentially a document is a thing which provides evidence or information or serves as a record..”

Question 11

Name 4 benefits of an appreciation technique.

Answer 11

R.I.I.M.E.E.E

REDUCES uncertainty

INFORMS all Police what they are expected to achieve

INCREASES the chances of success, i.e the investigative aims/objectives being met

MANAGES risk

ESTABLISHES a sequence of activities to be carried out

ELIMINATES duplication

ENSURES nothing is overlooked

EFFECTIVE use of resources

Question 12

Name 4 responsibilities of the file manager

Answer 12

ADAMS ACE AO

A Assist with establishing and maintaining the Investigation Headquarters
D Document Management System outlined in the Serious Crime Template
A Assist the 2IC with the Identification and recording of evidential material
M Manage the electronic and physical files relating to the investigation
S Support the 2IC by reading all documents for the purpose of highlighting important information to the 2IC
A Assist with the preparation of the prosecution file
C Complete a synopsis of all documents received, excluding documents relating to covert policing activities.
E Ensure a flow of info throughout the investigation
A Assist with management of the trial
O Operate the paper flow and associated structure in accordance with the Serious Crime Template

Question 13

What to consider to determine whether acts are sufficiently proximate to be an attempt.

Answer 13

Case law has established the following three conditions that must apply for an ‘attempt’ conviction to succeed:

• intent (mens rea) – to commit an offence
• act (actus reus) – that they did, or omitted to do, something to achieve that end
• proximity – that their act or ommission was sufficiently close

Generally, to prove an attempt the accused must have done or omitted to do some act(s) that is/are sufficiently proximate (close) to the full offence.

Effectively, the accused must have started to commit the full offence and have gone beyond the phase of mere preparation – this is the “all but” rule.

Ask yourself: ‘Do the facts show mere preparation, or are the defendant’s acts or omissions immediately or sufficiently proximate to the intended offence?

Question 14

R v HARPUR in relation to attempts and proximity.

Answer 14

In a sex case, R v Harpur, the defendant was involved in a series of text messages with a woman in which he described, in explicit detail, sexual acts that he wanted to perform on the woman’s 4-year-old niece.

He arranged for the girl to be brought to him for that purpose, however when he turned up at the agreed time and place he found that the girl did not in fact exist, and the arrangements were part of a ‘sting’ operation by Police.

Harpur was charged with attempted sexual violation of the mythical girl, as well as numerous sexual offences relating to other children.

In concluding that Harpur’s conduct was sufficiently proximate to the full offence, the Court of Appeal held that his actions need not be considered in isolation; sufficient evidence of his intent was available from the events leading up to that point.

R v HARPUR

[The Court may]”have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”

Question 15

Define Claim of Right and using caselaw (R v SKIVINGTON) discuss how this is a defense to robbery (2 marks).

Answer 15

If the Court is satisfied that the defendant acted with claim of right, he is entitled to an acquittal on a charge of theft.

Therefore, as theft is an essential element of robbery, claim of right is also a defence to robbery.

R v Skivington
“Larceny [or theft] is an ingredient of robbery, and if the honest belief that a man has a claim of right is a defence to larceny, then it negatives one of the ingredients in the offence of robbery, without proof of which the full offence is not made out.”

Question 16

Scenario Aggravated wounding s191(c) ingredients/act/section/ penalty

Answer 16

.Aggravated Wounding Section 191(1)(a)(b)(c)
14years

1. With intent to
   (a) Commit or facilitate the commission of any crime OR
   (b) Avoid detection of themselves in the commission of any crime OR
   (c) Avoid the arrest or facilitate the flight of himself or any other person upon the commission or attempted commission of any crime
2. Wounds OR Maims OR Disfigures OR Causes GBH OR Stupefies OR Render unconscious OR By any violent means renders capable of resistance
3. Any person

Question 17

How do you rebut a presumption of possession for supply under s6(6) MODA1975?

Answer 17

.The presumption that the drug is for sale or supply may be rebutted if the person is able to prove, on the balance of probabilities, that they did not intend to commit a ‘dealing’ offence, notwithstanding the amount. For example, the defence may argue that the suspect was heavily addicted and required large amounts for personal use.

Question 18

4 things the Crown must prove in relation to possession of a controlled drug.

Answer 18

Possession may be “actual” or “constructive.”
Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

Warner v Metropolitan Police Commissioner
The term “possession” must be given a sensible and reasonable meaning in its context. Ideally, a possessor of a thing has:
- complete physical control over it
- knowledge of its existence, its situation and its qualities.

Question 19

Kidnapping where firearm used, what other offence other than kidnapping are liable for, commission of an imprisonable offence with a firearm s198B

Answer 19

Section 198B, Crimes Act 1961
Commission of an Imprisonable Offence with firearm - 10yrs

Section 198B(1)(a)

1. In committing
2. Any imprisonable offence
3. Uses any firearm;

Section 198B(1)(b)

1. While committing any imprisonable offence
2. Has any firearm with him or her
3. In circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

Question 20

In relation to firearms, define ‘uses in any manner’.

Answer 20

The primary meaning of the word “use” in relation to a firearm is to fire it, but the words “in any manner whatever” widen the definition to include a range of acts that stop short of actually shooting at an officer.

R v SWAIN
To deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm within the meaning of s 198A Crimes Act 1961.

Question 21

Define parties s66(1).

Answer 21

PARTIES
Section 66, Crimes Act 1961

Section 66(1)(a)
Actually commits the offence; or 

Section 66(1)(b)

1. Does or omits an act
2. For the purpose of aiding any person to commit the offence

Section 66(1)(c)

1. Abets
2. Any person
3. In the commission of the offence

Section 66(1)(d)

1. Incites, counsels, or procures
2. Any person
3. To commit the offence.

Question 22

Outline the difference between deception and theft in relation to possession and title.

Answer 22

.An important distinction between theft and obtaining by deception is that in theft the property is obtained without the owner’s permission and title is not passed on.

Question 23

Name 3 offences under s134 Sexual conduct with a young person.

Answer 23

SEXUAL CONDUCT WITH YOUNG PERSON UNDER 16
Section 134

134(1) - 10yrs
Every one who has SEXUAL CONNECTION with a young person

134(2) - 10yrs
Every one who ATTEMPTS to have SEXUAL CONNECTION with a young person.

134(3) - 7yrs
Every one who DOES AN INDECENT ACT on a young person

Question 24

Define culpable homicide s160(1)&(2).

Answer 24

Culpable homicide - Section 160

(1) Homicide may be either culpable or not culpable.
(2) Homicide is culpable when it consists in the killing of any person—

(a) By an unlawful act; or
(b) By an omission without lawful excuse to perform or observe any legal duty; or
(c) By both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) By wilfully frightening a child under the age of 16 years or a sick person

Question 25

Define suicide pact under s180.

Answer 25

Section 180(1) makes it an offence to enter into a suicide pact, and only
one person dies as a result of an action by another person. 

For example if
Person A and Person B enter a suicide pact, and Person A shoots Person B, killing Person B, before shooting themselves, but Person A lives, then Person A would be guilty of manslaughter, and not murder.

Section 180(2) makes it an offence for two people to enter into a suicide pact, where they are both responsible for the actions that caused one of their deaths (Person A), and where one person survives (Person B).

Question 26

Define ‘legal duty’ and list three examples.

Answer 26

Duties imposed by statute are mainly common law duties that have been
embodied in statute. The Crimes Act 1961 defines duties to:

• provide the necessaries and protect from injury (s151)
• provide necessaries and protect from injury to your charges when you are
  a parent or guardian (s152)
• provide necessaries as an employer (s153)
• use reasonable knowledge and skill when performing dangerous acts, such
  as surgery (s155)
• take precautions when in charge of dangerous things, such as machinery
  (s156)
• avoid omissions that will endanger life (s157).

Question 27

Ingredients of s165 Causing death that might have been prevented.

Answer 27

Causing death that might have been prevented
Section 165

Every one who by any act or omission causes the death of another person kills that person, although death from that cause might have been prevented by resorting to proper means.

Question 28

Killing of a child s159(1) when is a child considered a human being?

Answer 28

159 Killing of a child
(1) A child becomes a human being within the meaning of this Act when it has completely
proceeded in a living state from the body of its mother, whether it has breathed or not,
whether it has an independent circulation or not, and whether the navel string is
severed or not.

Question 29

Does a body need to be discovered to prove murder, discuss with relevance to caselaw (R v HORRY).

Answer 29

R v Horry [1952] NZLR 111, 123
Death should be provable by such circumstances as render it morally certain and leave no ground for reasonable doubt – that the circumstantial evidence should be
so cogent and compelling as to convince a jury that upon no rational hypothesis
other than murder can the facts be accounted for.

Question 30

Death within a year and a day s162(2).

Answer 30

For a death to be seen as caused by another, the death needs to occur within a year and a day from the time the last unlawful act or omission occurred.

Question 31

Key difference between voluntary and involuntary manslaughter.

Answer 31

VOLUNTARY MANSLAUGGHTER
Mitigating circumstances, such as a suicide pact, reduce what would
otherwise be murder to manslaughter, even though the defendant may have
intended to kill or cause grievous bodily harm.

INVOLUNTARY MANSLAUGHTER
Covers those types of unlawful killing in which the death is caused by an unlawful act or gross negligence. In such cases there has been no intention to
kill or to cause grievous bodily harm.

Question 32

PRACTICALS

Section 214 - CYFS Act 1989 s

Answer 32

Sect 214(1)

(a) That it is necessary to arrest that CYF for the purpose of:
i. Ensuring the appearance of the CYF before the court
ii. Preventing the CYF from committing further offences OR
iii. Preventing the loss or destruction of evidence relating to an offence committed by the CYF or an offence the CYF has reasonable suspect of having committing an offence
iv. Preventing interference with any witness AND

(b) Where the CYF may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.

Sect 214(1) you can arrest ONLY when proceeding by summons would not achieve the purposes

Sect 214(2)
2. Can arrest where
RGTS the CYF has committed a purely indictable offence AND Police believe on RG that it is required in the public interest.

Question 33

CYFS - Section 215

Answer 33

Before:

• QUESTIONING any child or young person whom there are RGTS of having committed an offence, or
• ASKING asking any child or young person any QUESTION INTENDED TO OBTAIN AN ADMISSION of an offence, explain to that child or young person—

(a) The enforcement officer would have power to arrest the CYP without warrant, that the child or young person MAY BE ARRESTED if, by REFUSING to give his or her name and address to the enforcement officer, the child or young person CANNOT BE SERVED WITH A SUMMONS and
(b) That the CYP is NOT OBLIGED to accompany the enforcement officer to any place for the purpose of being questioned, and that if the CYP consents to do so, that he or she may WITHDRAW that consent at any time; and
(c) That the CYP is under no obligation to make or give any statement; and
(d) That if the CYP consents to make or give a statement, the child or young person may withdraw that consent at any time; and
(e) That any statement made or given MAY BE USED IN EVIDENCE in any proceedings; and
(f) That the CYP is entitled to CONSULT WITH, and MAKE or GIVE ANY STATEMENT in the presence of, a BARRISTER or SOLICITOR and any person NOMINATED by the child or young person in accordance with section 222 of this Act.

Question 34

Who can be a nominated adult?

CYFS - Section 222

Answer 34

1. A solicitor
2. A parent or guardian
3. A person the juvenile has nominated
4. An adult member of the family or whanau
5. Any other adult, not being an enforcement officer
6. A person, who is not an enforcement officer, who has been nominated by you when the CYF has refused to nominate anyone.

Question 35

• EA2006 Defn. of a sexual case.

Answer 35

SEXUAL CASE
An act involving circumstances of indecency with, or sexual violation of a child or using a child in the making of sexual imaging.

Question 36

EA2006 s87(2) witness address.

Answer 36

Section 87
Privacy as to witness’s precise address

(1) In any proceeding, the PRECISE PARTICULARS OF A WITNESS’s ADDRESS MAY NOT, without the permission of the Judge, be —
(a) the SUBJECT OF ANY QUESTION TO A WITNESS or INCLUDED in any evidence given; or
(b) INCLUDED IN ANY STATEMENT OR REMARK made by a witness, lawyer, officer of the court, or any other person.
(2) The JUDGE MUST NOT grant permission under subsection
(1) UNLESS SATISFIED that the question to be put, the evidence to be given, or the statement or remark to be made, IS OF SUFFICIENT DIRECT RELEVANCE TO THE FACTS IN ISSUE that to exclude it would be contrary to the interests of justice

Question 37

EA2006 detail s88, witness occupation.

Answer 37

(1) In a sexual case, except with the permission of the Judge,—
(a) NO QUESTION MAY BE PUT TO THE COMPLAINANT OR ANY OTHER WITNESS, and NO EVIDENCE may be given, concerning the complainant’s OCCUPATION; and
(b) NO STATEMENT OR REMARK MAY BE MADE IN COURT by a witness, lawyer, officer of the court, or any other person involved in the proceeding concerning the complainant’s occupation.
(2) The Judge must not grant permission under subsection
(1) UNLESS SATISFIED that the question to be put, the evidence to be given, or the statement or remark to be made, IS OF SUFFICIENT DIRECT RELEVANCE TO THE FACTS IN ISSUE that to exclude it WOULD BE CONTRARY TO THE INTERESTS OF JUSTICE

Question 38

S&S2012 s15 Entry to places, what you must suspect/believe.

Answer 38

Entry without warrant to find and avoid loss of evidential material relating to certain offences
Section 15

A constable may ENTER and SEARCH a place WITHOUT a warrant if he or she has reasonable grounds—

(a) to suspect that an OFFENCE punishable by imprisonment for a term of 14 years or more HAS BEEN, BEING, or is ABOUT TO be committed; and

(b) to believe—
(i) that EVIDENTIAL MATERIAL relating to the offence is in that place; and
(ii) that, if ENTRY IS DELAYED IN ORDER TO OBTAIN A SW, the evidential material will be C.A.D.D (destroyed, concealed, altered, or damaged).

Question 39

S&S2012 s117 search warrant pending, circumstances that must exist, reasonable grounds to believe, and powers.

Answer 39

If an application for a warrant is ABOUT to be made or HAS been made and has not been GRANTED or REFUSED by an issuing officer, an officer present at the place or vehicle may;

1. ENTER and SECURE the place, vehicle or thing
2. SECURE any item found at the place, vehicle or thing
3. DIRECT any person to assist with the entry and securing the place, vehicle or thing or the securing of items.
   *************
   Officer must have:
4. RGTB
5. Evidence may be C.A.R.D.D (destroyed, concealed, altered, damaged, or removed) before a decision to grant or refuse the SW
   *************
   Powers may be exercised until:
6. 6 hours from when the power is first exercised
7. The WARRANT IS AVAILABLE for execution at the place, vehicle or thing
8. The application for a warrant is REFUSED
   *************
   Officer must, on request:
9. ID themselves by name or unique identifier
10. State, name of the enactment and the reason for the search,unless it is impracticable to do so.
11. If not in uniform, produce evidence of their ID

Question 40

S&S2012 s123 seizure of items in plain view, what you must be doing, reasonable grounds to believe.

Answer 40

Seizure of items in plain view

(1) This section applies to an enforcement officer who, as part of his or her duties,—

(a) EXERCISES A SEARCH POWER or
(b) is LAWFULLY in any place or in or on a vehicle; or
(c) is conducting a LAWFUL SEARCH of a person.
*************
May seize any item they find in the course the search or their observations if they have:
RGTB they could have seized the item under
- Any search Warrant
- Any other search powe

Question 41

When does CPP apply and why?

Answer 41

.

Question 42

Why must you not question the child?

Answer 42

1. If the child has disclosed either sexual or physical assaults to an ADULT, take details of this person and use what they say to you to form the basis of info for the notification.
2. DO NOT ASK them again if a clear disclosure already made and an adult present
3. If it is UNCLEAR and
   - there are NO URGENT SAFETY ISSUES do not question the child any further
   - it is absolutely necessary to speak to the child to ASCERTAIN THEIR SAFETY as open ended questions
   - When speaking with a child and it becomes clear that an offence has occurred DO NOT continue to question them.

Question 43

CPP: Timeframes and what must occur for urgent case.

Answer 43

CRITICAL
Critical means the CYP is in immediate risk of SERIOUS HARM and the need for IMMEDIATE PROTECTION MAY BE NECESSARY

VERY URGENT
The CYP is a RISK OF HARM but is not in any immediate danger

URGENT
The CYP is at risk of harm but protected in the short term.

Question 44

CPP IJIP what to agree (1.5 marks)

Answer 44

.Joint Investigation Plans must agree to:
· who is involved in the case
· what they will do
· when they will do it

Question 45

Responsibilities of O/C Body (10 marks).

Answer 45

The O/C Body MUST
(MCR)

MAINTAIN custody and security of the body, sample and exhibits
COMPLETE the sudden death procedures
REMAIN with the body and accompany it to the mortuary

The O/C Body MUST FIND OUT……….

The body has been moved or disturbed
The body has been identified
The death has been certified

BEFORE MOVING THE BODY
SLAPP

SKETCH plan is prepared and notes have been taking recording:
LIVIDITY, if any and the extent of rigor mortis
AUTHORITY from OC Investigation to move the body
POSITION of the body, the limbs, bodys appearance, wounds and clothing
PHOTOGRAPHED - scene
POSITION of the body has been outlined with chalk, crayon or some other material.

If the body was disturbed…….
Do not attempt to restore the scene to its original condition
Make enquiries to enbale original scene to be reconstructed and photo later if necessary

Arrange for……….(MINC)
MEDICAL History to be obtained for the pathologist
IDENTIFY the body - a suitable person to ID body
NEXT of Kin to be informed
CERTIFY - A doctor to certify the death, if this has not been done

SEARCHING AND MOVING THE BODY

Accompany the O/C Investigation, Scene and necessary specialist staff during the prelim exam of the body to preserve any evidence that may be lost when the body is moved

TO ENSURE THAT NO EVIDENCE IS LOST….(CEC)

COVER hands and feet with plastic bags, wrap body in a plastic sheet and place in a body bag
ENSURE clothing on the body is not contaminated through contact with foreign objects
CAREFULLY search under the body

Question 46

• O/C Area canvass, key points for team briefings.

Answer 46

KEY POINTS FOR TEAM BRIEFINGS

1. SUMMARISE the situation and detail the duties and areas of responsibility of each canvass team member
2. THOROUGHNESS - Emphasise the need for THOROUGHNESS and that EVERY PERSON in every household and visitors must be seen personally.
3. GUIDE - Stress that the questionnaire is ONLY A GUIDE to ensure the questions are asked, but should be regarded as flexible in that information supplied could lead to other questions.
4. FWS - Advise that evidence of possible probative value must be obtained in a formal written statement rather than notebook form. Note: The questionnaire must be endorsed, if a statement is taken.
5. VISITING - Consider visiting the canvass area to record every address including flats and vacant sections and then reconcile these premises with the map.
6. COMPLETED - Ensure all forms are completed, and actioned as outlined.
7. COMPLETED - Reconcile completed locations with the master copy to avoid duplication.
8. Advise staff on:
   - what ACTION to take if they believe they have IDENTIFIED the suspect

• what action to take if they locate ITEMS of EVIDENTIAL value
• what action to take if individuals REFUSE to assist
• how to complete the CORRESPONDENCE flow
• what INFO can be DISCLOSED during the area canvass (i.e. information in media releases or otherwise already in the public domain)
• what information MUST NOT BE DISCLOSED.

Question 47

O/C Area canvass, reasons the O/C should regularly review questionairres

Answer 47

In addition, the OC Area Canvass should continually review completed canvass forms as
they are submitted, in order to:
• evaluate the quality of completed work and provide quality assurance
• identify lines of enquiry to be highlighted to the 2IC
• monitor ongoing progress of the canvass
• facilitate the detailed recording of progress.

Question 48

• Appreciation scenario; knife in a bloody pool following stabbing, aim, factors, courses open.

Answer 48

.The appreciation process consists of attending to four basic steps in an ordered
sequence:

The Appreciation Process includes:

Fix a firm AIM or objective

Study all the FACTORS involved

Consider the different COURSES open and select the one that is the best

and most appropriate to the circumstances

make a plan to implement the chosen cours

Question 49

Explain the rationale of the rule against hearsay evidence with respect to reliability.

Answer 49

HEARSAY
hearsay statement means a statement that—(a )was made by a person other than a witness; and
(b)is offered in evidence at the proceeding
*************
General admissibility of hearsay

(1)A hearsay statement is admissible in any proceeding if—

(a) the CIRCUMSTANCES RELATING TO THE STATEMENT provide REASONABLE ASSURANCE that the statement is reliable; and
(b) either—
(i) the maker of the statement is UNAVAILABLE as a witness; or
(ii) the JUDGE CONSIDERS that UNDUE EXPENSE or DELAY would be caused if the maker of the statement were required to be a witness.