101 Flashcards
For an investigation you should aim to collect
The maximum amount to material and examine for its use
In the appreciation technique what is a factor
A statement of truth about a known influence or circumstance
What are the sequential steps of the appreciation technique
Aim
Factors
Course open
Plan
An appreciation is the mental process, the written plan
Records decision making and shows why a certain course of action was decided
What is meant by an investigators working rules
The knowledge and skills learnt from investigator experience
When thinking about written appreciations what two statements best describe the difference between full and short appreciation
A full appreciation is done for difficult or complex problems, a short appreciation is done for urgent or less complicated problems.
A full appreciation is a lengthy plan, a short appreciation is more likely to be a brief list of bullet points on a notebook page.
What best describes hypotheses and why you might use them
Hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry
What statement best describes an investigative mindset
A principled approach to the way investigators examine material and make appropriate and reasonable decisions
The victim impact statement is the record of the victims own words about what happened and there opinion of the offender
False
If not subject to any orders or restrictions the victim impact statement can be distributed to defence council
True
Victim notification register
1) offender escapes, dies or temporary release
2) upcoming parole hearing
3) first unescorted leave or discharge
4) not NZ citizen and subject to deportation
1) Department of corrections
2) NZ parole board
3) Ministry of health
4) Department of Labour
Police must inform the victims that….
That they are entitled to access to welfare, health, medical and legal services
OC case or suitably tasked person is responsible for preparing victim impact statement
True
When and why is a CSV1 required
When there is a victim and the matter will proceed to district court because the victim is entitled to specific services at court
What must you ascertain early in an initial interview with a victim who has been assaulted
The safety of the victim and the seriousness of the offence
Match the Police form with purpose
1) Victims request to be notified about bail
2) Police opposition to bail
3) Police referral of victim to court adviser
4) Effects of crime in victim
5) Record of Police contact with victim
1) POL1065
2) POL128
3) CSV1
4) POL392
5) POL1060
Responsibly of OC case to ensure POL1060 and CSV1 completed
True
The intent of a POL1060 form is to provide
A record of Police action and the on going physical and emotional safety of the victim
Police responsibilities to victim when section 29 suspect released on bail
Police just advise all victims as soon as practicable of the outcomes and conditions of any bail applications
Complaint about prowler, complainant is old woman. Police must make victim referral
True
Who is responsible for ensuring a victim of section 29 offence given POL1065
Responsibility rests with OC case who arrests and charges offender with the section 29 offence
When must victim of section 29 offence be advised of the right to be on victim notification register
At the time of offenders arrest (if practicable)
When a victim is identified their victim impact statement must be taken when due in court
False
Victims rights act 2002 section 29 are defined as
Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victims me having fears for their safety or the safety of their family
How can Police ascertain if a victim of a section 29 offence has been registered in victim notification register
Query the notifications database on national bulletin board
Victim gives their consent the victim impact statement
1) Can be given to defence
2) Can only be distributed by prosecutors
3) Not to be retained by offender
All true
The definition of a victim may include members of family or parents of a person charged with convicted of or has pleaded guilty to an offence
False
If called to a sudden death of a person police must treat family with respect and provide information about access to support services
True
A victim of any offence may make a complaint if they are not treated according to the principles of the victim rights act 2002
True
A victim impact statement can be disclosed in disclosure packs
False
When a victim is obviously distressed police must provide support and/or refer onto agency that can provide support
True
A victim impact statement may contain victims comments about offender or prior knowledge or there opinion about possible sentencing
False
OC case is responsible for ensuring victim impact statement is held in the case file ready to be produced at sentencing
True
OC obligations when victim doesn’t want to go in victim notification register
Give POL1065
Update POL1060
Seek views on bail
Being on VNR means victim will be notified
By the agency where the offender is being held of any information concerning changes to offenders bail, release, parole, escape, death
Must gain approval from victim for disclose and distribution of their statement
True
OC responsibilities 15 year old witness giving evidence against dad
Report outlining giving evidence in alternative way - true
Convince them give evidence - false
Convince important of this evidence - true
You should obtain a written statement for a witness of doubtful reliability as their statement will more than likely be inadmissible
False
Special consideration refuses interview can you informally speak with them to clarify information
True
When there are multiple witness to serious incident the investigator should
Separate witnesses, conduct brief initial interview with each and gather witness details
If a witness becomes a suspect during interview then the interviewer should
Caution, shift procedures for interviewing suspects and ensure interview is visually recorded
A witness who is reluctant to give information that will incriminate a friend should be advised of the possible consequences for withholding information
False
A compliant witness is one who always provides good information to assist an investigation
False
Care must be taken in police interaction with a witness because
A witnesses needs and individual circumstances must be taken into account
Witness refuses to speak, you should make a notebook and record why they refused
True
A special consideration witness may be described as vulnerable, this means
Susceptible, defenceless and in a weak position
Need interpreter
1) Discuss aim and objectives with them
2) Visual record
3) Allow unsupervised with witness
4) Avoid someone who knows witness
5) Use interview notes to do written statement
1) True
2) True
3) False
4) True
5) True
In engage and explain when with witness who is fearful of consequences for making a statement you should
Consider there concerns, assess the reason bs, discuss with your supervisor if a visually recorded interview required
A special consideration witness is one who
Is affected by the nature of the offence or has personal circumstances affecting their ability to communicate easily
When planning an interview with a special consideration witness the investigator should
Consult supervisor to make decisions about the interview
Should intoxicated persons be treated as a special consideration
Yes because there ability to give accurate information is affected
Should an investigator regard a child or youth as a special consideration
Yes because their age and maturity level may mean they are vulnerable in an interview situation
The role of a support person for special consideration witness is to
Ensure their wellbeing and support there understanding of what is happening
Any police can execute an arrest warrant providing they confirm warrant
Family violence arrest directed by policy
Should not arrest if can’t justify necessary for justice or reasons of safety
You must arrest of offence committed and Enright evidence
True
True
True
False
What public interest factors apply
1) Extent victims effected
2) Review of defendants professional status
3) Position of trust in the circumstances
4) Reparation requires prosecution support
All true
Property taken from person who is arrested or lawfully detained
Maybe retained by custody officer
When admissible evidence is sufficient to provide prospect of conviction Police must
Apply the public interest test to determine if a prosecution is required
1) You may not not detain under certain enactments
2) Everyone has right not to be arbitrarily arrested
3) AD occurs when arrest is reasonable in particular case
4) Arrest is form of AD
5) Detained persons need not be cautioned
1) True
2) True
3) False
4) False
5) False
When should suspect have first received caution rights
When the suspect stated to you that the dairy owners fault that the window got broken
When would evidence not be allowed. Example
No because offender is custody and questions must not amount to cross examination
When deciding whether to commence prosecution, which test must you apply
The evidential test
The public interest test
Offender released without charge. Further investigation may lead to charge by way of summons
True
AD
1) Case against person dismissed
2) Arresting officer liable
3) Statement inadmissible in court
4) Officer face code of conduct enquirer
1) True
2) True
3) True
4) False
Extensive youth history and reoffends as 18 year old. What public interest factors
Likelihood of offence being repeated
A good charging decision is made when the charges adequately reflect the nature and extent of the criminal conduct and….
The court is provided with appropriate basis for sentencing
Factors when deciding to arrest
1) Suspect warn accomplices
2) If there is a need to safeguard offender safety
3) Commit further offences
4) Offender Liberty means safety of others
All true
When arresting youth what section overrides any other when making arrest
Section 214
Can you misrepresent the truth
No because the admission was one rained by misrepresenting the truth to suspect
Applying evidential you must consider if there is sufficient admissible evidence to
Provide reasonable prospect of conviction
