101 Flashcards

1
Q

For an investigation you should aim to collect

A

The maximum amount to material and examine for its use

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2
Q

In the appreciation technique what is a factor

A

A statement of truth about a known influence or circumstance

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3
Q

What are the sequential steps of the appreciation technique

A

Aim
Factors
Course open
Plan

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4
Q

An appreciation is the mental process, the written plan

A

Records decision making and shows why a certain course of action was decided

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5
Q

What is meant by an investigators working rules

A

The knowledge and skills learnt from investigator experience

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6
Q

When thinking about written appreciations what two statements best describe the difference between full and short appreciation

A

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.

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7
Q

What best describes hypotheses and why you might use them

A

Hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry

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8
Q

What statement best describes an investigative mindset

A

A principled approach to the way investigators examine material and make appropriate and reasonable decisions

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9
Q

The victim impact statement is the record of the victims own words about what happened and there opinion of the offender

A

False

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10
Q

If not subject to any orders or restrictions the victim impact statement can be distributed to defence council

A

True

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11
Q

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

A

1) Department of corrections
2) NZ parole board
3) Ministry of health
4) Department of Labour

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12
Q

Police must inform the victims that….

A

That they are entitled to access to welfare, health, medical and legal services

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13
Q

OC case or suitably tasked person is responsible for preparing victim impact statement

A

True

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14
Q

When and why is a CSV1 required

A

When there is a victim and the matter will proceed to district court because the victim is entitled to specific services at court

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15
Q

What must you ascertain early in an initial interview with a victim who has been assaulted

A

The safety of the victim and the seriousness of the offence

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16
Q

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

A

1) POL1065
2) POL128
3) CSV1
4) POL392
5) POL1060

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17
Q

Responsibly of OC case to ensure POL1060 and CSV1 completed

A

True

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18
Q

The intent of a POL1060 form is to provide

A

A record of Police action and the on going physical and emotional safety of the victim

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19
Q

Police responsibilities to victim when section 29 suspect released on bail

A

Police just advise all victims as soon as practicable of the outcomes and conditions of any bail applications

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20
Q

Complaint about prowler, complainant is old woman. Police must make victim referral

A

True

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21
Q

Who is responsible for ensuring a victim of section 29 offence given POL1065

A

Responsibility rests with OC case who arrests and charges offender with the section 29 offence

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22
Q

When must victim of section 29 offence be advised of the right to be on victim notification register

A

At the time of offenders arrest (if practicable)

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23
Q

When a victim is identified their victim impact statement must be taken when due in court

A

False

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24
Q

Victims rights act 2002 section 29 are defined as

A

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

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25
Q

How can Police ascertain if a victim of a section 29 offence has been registered in victim notification register

A

Query the notifications database on national bulletin board

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26
Q

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

A

All true

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27
Q

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

A

False

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28
Q

If called to a sudden death of a person police must treat family with respect and provide information about access to support services

A

True

29
Q

A victim of any offence may make a complaint if they are not treated according to the principles of the victim rights act 2002

A

True

30
Q

A victim impact statement can be disclosed in disclosure packs

A

False

31
Q

When a victim is obviously distressed police must provide support and/or refer onto agency that can provide support

A

True

32
Q

A victim impact statement may contain victims comments about offender or prior knowledge or there opinion about possible sentencing

A

False

33
Q

OC case is responsible for ensuring victim impact statement is held in the case file ready to be produced at sentencing

A

True

34
Q

OC obligations when victim doesn’t want to go in victim notification register

A

Give POL1065

Update POL1060

Seek views on bail

35
Q

Being on VNR means victim will be notified

A

By the agency where the offender is being held of any information concerning changes to offenders bail, release, parole, escape, death

36
Q

Must gain approval from victim for disclose and distribution of their statement

A

True

37
Q

OC responsibilities 15 year old witness giving evidence against dad

A

Report outlining giving evidence in alternative way - true

Convince them give evidence - false

Convince important of this evidence - true

38
Q

You should obtain a written statement for a witness of doubtful reliability as their statement will more than likely be inadmissible

A

False

39
Q

Special consideration refuses interview can you informally speak with them to clarify information

A

True

40
Q

When there are multiple witness to serious incident the investigator should

A

Separate witnesses, conduct brief initial interview with each and gather witness details

41
Q

If a witness becomes a suspect during interview then the interviewer should

A

Caution, shift procedures for interviewing suspects and ensure interview is visually recorded

42
Q

A witness who is reluctant to give information that will incriminate a friend should be advised of the possible consequences for withholding information

A

False

43
Q

A compliant witness is one who always provides good information to assist an investigation

A

False

44
Q

Care must be taken in police interaction with a witness because

A

A witnesses needs and individual circumstances must be taken into account

45
Q

Witness refuses to speak, you should make a notebook and record why they refused

A

True

46
Q

A special consideration witness may be described as vulnerable, this means

A

Susceptible, defenceless and in a weak position

47
Q

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

A

1) True
2) True
3) False
4) True
5) True

48
Q

In engage and explain when with witness who is fearful of consequences for making a statement you should

A

Consider there concerns, assess the reason bs, discuss with your supervisor if a visually recorded interview required

49
Q

A special consideration witness is one who

A

Is affected by the nature of the offence or has personal circumstances affecting their ability to communicate easily

50
Q

When planning an interview with a special consideration witness the investigator should

A

Consult supervisor to make decisions about the interview

51
Q

Should intoxicated persons be treated as a special consideration

A

Yes because there ability to give accurate information is affected

52
Q

Should an investigator regard a child or youth as a special consideration

A

Yes because their age and maturity level may mean they are vulnerable in an interview situation

53
Q

The role of a support person for special consideration witness is to

A

Ensure their wellbeing and support there understanding of what is happening

54
Q

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

A

True

True

True

False

55
Q

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

A

All true

56
Q

Property taken from person who is arrested or lawfully detained

A

Maybe retained by custody officer

57
Q

When admissible evidence is sufficient to provide prospect of conviction Police must

A

Apply the public interest test to determine if a prosecution is required

58
Q

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

A

1) True
2) True
3) False
4) False
5) False

59
Q

When should suspect have first received caution rights

A

When the suspect stated to you that the dairy owners fault that the window got broken

60
Q

When would evidence not be allowed. Example

A

No because offender is custody and questions must not amount to cross examination

61
Q

When deciding whether to commence prosecution, which test must you apply

A

The evidential test

The public interest test

62
Q

Offender released without charge. Further investigation may lead to charge by way of summons

A

True

63
Q

AD

1) Case against person dismissed
2) Arresting officer liable
3) Statement inadmissible in court
4) Officer face code of conduct enquirer

A

1) True
2) True
3) True
4) False

64
Q

Extensive youth history and reoffends as 18 year old. What public interest factors

A

Likelihood of offence being repeated

65
Q

A good charging decision is made when the charges adequately reflect the nature and extent of the criminal conduct and….

A

The court is provided with appropriate basis for sentencing

66
Q

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

A

All true

67
Q

When arresting youth what section overrides any other when making arrest

A

Section 214

68
Q

Can you misrepresent the truth

A

No because the admission was one rained by misrepresenting the truth to suspect

69
Q

Applying evidential you must consider if there is sufficient admissible evidence to

A

Provide reasonable prospect of conviction