101 Flashcards
1
Q
The appreciation technique
A
Step 1: Aim or ObjectiveStep 2: FactorsStep 3: Courses OpenStep 4: Plan
2
Q
The appreciation techniqueAim or Objective
A
A short statement of intent, to address the situation and formulate an aim or objective.
3
Q
The appreciation techniqueFactors
A
Identify and consider the factors that will affect the aim or objective.The ‘so what’ questions
4
Q
The appreciation techniqueCourses open
A
Are the options you can identify after having assessed the factors and the deductions made from the factors.
5
Q
The appreciation techniquePlan
A
Select the most appropriate courses for attention and plan the action you take.
6
Q
Forms of appreciation
A
Writing down an appreciation can enhance it.
7
Q
Two forms of appreciation
A
Full appreciationShort appreciation
8
Q
Full appreciation
A
Most often for high level or difficult tactical or administrative problems
9
Q
Short appreciation
A
For urgent or pressing problems requiring immediate action
10
Q
How do you gain good cause to suspect an offence has been committed
A
You own observationStatementsAdmissions from offenderExamining the sceneForensics
11
Q
When arrested for ‘breach of peace’ how long have you got before deciding if charges are to be laid
A
Within a reasonable time (1-2 hrs). Release immediately if no charges
12
Q
What does CADD stand for
A
Concealed, altered, damaged or destroyed
13
Q
Limited searches when person locked up
A
Limited to one, unless an exemption exists under subsection 3. Believe possession of anything may be used to harm. Been near someone not searched or someone not locked up. Hasn’t been searched under sub section 2
14
Q
Rights of person arrested or detained(7)
A
Be informed of the reason for arrest or detentionConsult / instruct lawyerHave the arrest or detentions validity determined ( be released immediately if not lawful)Be charged promptly or releasedBrought before the court or tribunal ASAPRefrain from making a statement (informed)Be treated with humanity and respect
15
Q
Who is a witness
A
Are people who have information about an alleged offence or offender
16
Q
10 principles of investigative interviewing
A
Interviewing is at the heart of the investigationThe aim of the interview is to discover the truthInformation must be complete accurate and reliableKeep an open mindAct fairlyQuestioning can be persistentSome witnesses require special considerationSuspects must be interviewed in accordance with the law Special care must be taken to identify suspects requiring special considerationBe sensitive to cultural background and religious beliefs
17
Q
PEACE interviewing framework
A
Planning and preparation Engage and explainAccountClosureEvaluation
18
Q
The three interview models
A
Free recall Conversation management Enhanced cognitive interviewing
19
Q
Free recall interview model
A
For cooperative interviewees in their own time without interruptions
20
Q
Conversation management
A
Interviewer to control interview and elicit as much info from reluctant interviewee
21
Q
Enhanced cognitive interviewing
A
Builds on free recall using advanced techniques to assist cooperative interviewee
22
Q
ADVOKATES - relevant information when describing a suspect.
A
Amount of time under observationDistanceVisibilityObstructionKnown or seen beforeAny reason to rememberTime lapseError or material discrepancySalience
23
Q
Defining Special Consideration
A
Personal characteristicsCircumstances of the offending
24
Q
Special Consideration - Personal Characteristics
A
Age or MaturityPhysical mental psychological conditionPhysical intellectual psychological or psychiatric impairmentLinguistic or cultural background or religious beliefs
25
Special Consideration - Circumstances of the offending
nature of the offendingfear of intimidationinvestigative importance of the witnessrelationship to any party invloved
26
Factors when determining public interest
Seriousness of the offenceLikely penalty upon convictionThe circumstances of the defendant The likelihood of the offence being continued or repeatedThe circumstances of the victim
27
Interviewing intoxicated witnesess
They must understand the reason for the interview. Do not conduct if the level on intoxication prevents the witness from understanding the nature and reason. If decide too intox then still attempt to obtain brief details so initial action can be completed
28
Two key planning issues when dealing with witness who have suffered trauma
When is the best time to conduct the interviewWhether to have a support person
29
Exclusion of unreliable statements, aside from mental condition and pertinent characteristics what other two reasons are taken into account
the nature of any questions put to the defendant and manner an circumstances in which they were put: confusionnature of any threat promise or representation
30
What is a challenge
Seeking an explanation from the interviewee for inconsistencies
31
What are two key tasks of any investigation?
1) gathering & preserving evidence 2) documentation
32
Appropriate & accountable decision making is based on an investigator's knowledge of?
- the legal framework- characteristics of crime- national policies and procedures
33
Good decisions are reached by a process of reasoning based on the following sequence?
1) acknowledge of the situation or problem exists2) Identify, isolate and analyse the problem3) formulate a clear objective 4) gather all the data and information required to determine the ways in which the aim might be achieved5) draw up a list, based on the information, of all the possible ways in which the aim might be achieved6) weigh and study each of these alternatives individually7) prepare a plan for putting the selected course into action
34
What are three factors that can effect decision making?
1) Individual bias2) Verification bias3) Availability error
35
What is Individual bias?
When one fails to recognise their inconscious perceptions of people, places or things
36
What is a Verification bias?
Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other line of enquiry
37
What is Availability error?
Basing decisions on vivid emotionally charged material which not necessarily reflect the scope of material available to make the correct decision. eg: over focussing on the Victims account and overlooking collection of evidence
38
What are the four steps in the Appreciation Technique?
Aim or ObjectiveFactorsCourses OpenPlan
39
Explain the meaning of "Aims \ Objective"?
An aim or objective is a short statement of intent beginning with a verb
40
Explain the meaning of "Factors"?
A factor is a statement of truth about some known influence or circumstance
41
Give examples of factors?
the time availablepossible suspectsavailable witnessesmaterial located to datepolicy and procedure requiredknow history of partiesrecords that can be tappedthe weather at the time
42
Explain the meaning of "Courses Open"?
Courses open are the options you can identify after having assessed the factors and the deductions made from the factors
43
Explain the meaning of "Plan"?
Select the most appropriate courses for attention and place the action you can take:- It is more than likely that it will be effective?- Is it proportionate? (effort, time, service?- Is it achievable?- Will it pass the SELF test?
44
Critical to an investigative mindset is your ability to exercise. Name four things?
- critical thinking- decision making- the application technique- evaluation
45
The investigation process is underpinned by four key areas of knowledge, understanding and skills in?
- core legislation- characteristics of crime- national policies & procedures - investigative techniques
46
What are the stages of criminal investigation?
- instigation- initial investigation- investigative evaluation- further investigation- suspect management- evidence evaluation- further investigation- charge- file preparation- court
47
What is material?
Material is substance of any kind, including information and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on an offence under investigation or any person being investigated, or on the surrounding circumstances of the case
48
Name potential sources from which material is gathered from?
- victims- witnesses- suspects- locations- CCTV recordings
49
In practice the most common formats from material are?
- statements- documents- reports- physical exhibits such as weapons, clothing etc- fingerprints- images- audio or video recordings
50
What are the five principals of the "investigative mindset"?
1. Understanding the source of material2. Plan and prepare3. Examine all material4. Record and collate actions taken and to be taken with material5. Evaluation should identify and further action required
51
What is investigative evaluation?
Undertaken to determine- what is known- what is now known- consistencies- conflicts the key differences between investigative and evidential evaluation is that during evaluation 'all material is evaluated, even if inadmissible.
52
What is a evidential evaluation?
considers:- the overall strength of the case- whether suffcient evidence exists against the offender to proceed to chargewhen carrying out an evidential evaluation the strength of the case is evalauted only on admissible evidence
53
What is self/peer evaluation?
will address:- review of assumptions and decision making- records organisation and management- information communication and dissemination- lessons learntself and peer evaluation is a critical component of the practice of professionals
54
What is the appreciation technique?
It is a cognitive tool commonly uses by investigators to take a disciplined approach to their decision making
55
In order for material to be effective it must be?
Relevant, reliable and admissible
56
What is hypothesis?
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
57
Two forms of written appreciation?
- Full appreciation- Short appreciation
58
Each source of material must be closely scrutinized. Therefore, as part of the collection process you must ensure four things?
- immediate action is taken in relation to quality and preservation of material- its reliability is tested at the earliest oppprtunity- relevant records are made- the material is appropriately stored
59
Material examination is divided into three areas?
1. Interpret2. Clarify3. Challenge - Assume nothing - Believe nothing - Challenge everything
60
Self and peer test is a criminal component of ?
Practice of Professionals
61
A formal procedure is a procedure for obtaining visual identification evidence that meets what seven requirements?
1. It occurs as soon as practicable after offence is reported2. The suspect is compared to no fewer then seven others who are of similar appearence3. No indication is made to the person making the idenification4. The person making the identification is informed that the suspect may or may not be present5. A written record of the procedure followed is sworn to be true and complete by the Officer6. A pictorial record of what the person making the identification looked at is prepared and certified to be true and complete by the Officer 7. The procedure complies with any relevant regulations
62
Name six reasons why a Formal Procedure can not be completed?
1. Suspect refuses and Police don't have photo2. Suspect has a singular appearance3. Suspect has substantially changed their appearance after offence occured4. No Office involved could have reasonable anticipated identification would be a issue at trial5. An identification of suspect was made to Officer soon as offence6. An identification of the suspect was made to an Officer after a chance meeting between the person who made the intensification and the suspectIf there is more then one offender, put them on separate lines
63
The stages of criminal investigation
Two methods: reactive and proactive
64
Reactive Criminal Investigation
Starts with the discovery of a crime
65
Proactive Criminal Investigation
Starts with the information intelligence analysis that an individual or group is engaged in criminal activity
66
What is 'material'
Is substance of any kind, including information and objects, sounds and images. That has some bearing on any offence under investigation.
67
Sources of material
Victims, witnesses,suspects, locations (scenes) and CCTV recordings
68
Common formats for material
Statements, documents, reports, physical exhibits,fingerprints, images and audio or visual recordings.
69
Applying the mindset for material (5 principles)
1:Understand the source of material2: Plan and Prepare3:Examine all material4:Record and collate5: Evaluate
70
Evaluation of material (3 types)
Investigative evaluation ( Evaluates all material)Evidential evaluation (Evaluates only admissible material)Self/peer evaluation (practice of professionals)
71
You cannot arrest and interview for one offence and then change your mind as the offender is in custody and questions cannot amount to cross examination
True
72
When laying charges think about satisfying the evidential test and public interest test
True
73
When you have admissible evidence, you then need to apply the public interest test to determine if prosecution is required
True
74
Public Interest Factors:- extent victim affected- review defendants professional status- offer of reparation- defendants position of trust
True
75
Give caution as soon as admission made
True
76
Keep property if remanded and evidence
True
77
Any Police Officer can execute arrest warrant if Valid and show ID- should not arrest if unable to justify- FV arrest dictated in policy- do not have to arrest if committed offence and have evidence
True
78
You must factor in offenders risk to others, if will abscond, commit further offences, safeguard offenders safety and interests.
True
79
Section 214 CYPFS Act overrides any other enactment in making an arrest
True
80
Public Safety Factor is likelihood of offence being repeated
True
81
Arbitrary Detention could result in:- civil litigation- case dismissed- inadmissible statement
True
82
When applying the Evidential Test, you must consider providing a reasonable prospect of conviction
True
83
You cannot bait a suspect by saying that his friend admitted offence. Admission can't be obtained by misinterpreting the truth to your suspect.
True
84
A good charging decision is when the court is provided with an appropriate basis for sentence
True
85
If you arrest a person and then release them you can still proceed by way of summons
True
86
- You may only detain persons in certain enactments- Detained persons must be cautioned- Arbitrary Detention does not occur if arrest is reasonable- Arrest is not a form of Arbitrary Detention- Everyone has the right not to be Arbitrarily Detained
True
87
Obtain a statement from anyone, it doesn't matter about reliability
True
88
If multiple witnesses, separate them and conduct brief interview with each to gather details
True
89
Just because the witness is compliant doesn't mean that the information is good
True
90
Notebook or job sheet a refusal to give a statement
True
91
Witnesses needs and individual circumstances must be taken into account by the interviewer
True
92
If a witness becomes a suspect then caution, shift to procedures for suspect interview and visually record
True
93
If a witness is reluctant to give information on a friend DON'T advise them of any consequences if they don't give information
True
94
When planning an interview with a special consideration witness you should consult with a supervisor to make decisions about the interview
True
95
A Special Consideration Witness is one affected by the nature of the offence or has personal characteristics affecting communication
True
96
Consider a drunk person as 'special consideration witness' because their ability to give information is affected
True
97
A CYP is a special consideration witness because of their age and maturity level may mean they are vulnerable
True
98
When using an interpreter:- discuss aims and objectives with them- use notes to write in English- don't allow unsupervised time- visually record- avoid using a known interpreter
True
99
Vulnerable means Susceptible, defenceless, weak position
True
100
If witness is distressed consider their concerns, assess their reasons and discuss with a supervisor and visually record.
True
101
The role of the support person is to ensure their well-being and support their understanding
True
102
If special consideration witness refuses interview you can still talk with them normally and question them to clarify
True
103
What is the decision making reasoning sequence?
Acknowledge - A situation or problem existsIdentify, isolate and analyse - the problem clearlyFormulate a clear objective - ask; what are we aiming to achieveGather information - required to determine how the aim can be achievedList - of all ways to achieve the aimCompare - each alternatives individuallyPlan - to execute
104
What are three factors that can effect decision making?
Individual bias, Verification bias and Availability error
105
What is Individual bias?
When one fails to recognise their unconscious perceptions of people, places or things
106
What is Verification bias?
Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other lines of enquiry
107
What is Availability error?
Basing decisions on vivid, emotionally charged material which may not necessarily reflect the scope of material available to make the correct decision, eg. over focussing on the Victims account and overlooking collection of evidence
108
What are the four steps in the Appreciation technique
Aim/objective, factors, courses open, plan
109
Explain the meaning of 'Aims / Objectives'
An aim or objective is a short statement of intent beginning with a verb
110
Explain the meaning of 'Factors'
A factor is a statement of truth about some known influence or circumstance
111
Give examples of 'Factors'
Seriousness of offence, pattern of incidents/offences, time available, possible suspects, available witnesses, material located to date, policy and procedures in place, known history of the parties, records that can be tapped, the weather at the time
112
Explain the meaning of 'Courses open'
Courses open are the options you can identify after having assessed the factors and the deductions made from the factors.
113
Explain the meaning of 'Plan'
Select the most appropriate courses for attention and plan the action you can take;- It it more than likely that it will be effective?- Is it proportionate? (effort, time, service)- Is it achievable?- Will it pass the SELF test?
114
The investigation process is underpinned by four key areas of knowledge, understanding and skills in?
- Core legislation- Characteristics of crime- National policies and procedures- Investigative techniques
115
What are the stages of criminal investigation?
- Instigation- Initial investigation- Investigative evaluation- Further investigation- Suspect management- Evidential evaluation- Further investigation- Charge- File preparation- Court
116
What is 'Material'?
Material is substance of any kind, including information and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on an offence under investigation or any person being investigated, or on the surrounding circumstances of the case
117
In terms of material, what is 'information'?
Used to identify times, locations, circumstances and numbers involved in the incident
118
In terms of material, what is 'intelligence'?
If it is analysed together with other material to identify people who frequent the area, have similar clothes and are suspected of involvement in similar disturbances
119
In terms of material, what is 'evidence'?
If it is used in court to prove a specific point
120
What are the five principles of the 'Investigative mindset'?
1. Understand the source of material2. Planning and preparation covers making decisions about the collection of material3. Examine all material; interpret by drawing inferences and explaining to others, clarify any inconsistencies or ambiguities, challenge the meaning and reliability of all material gathered4. Record and collate actions taken and to be taken with material5. Evaluation should identify any further action required
121
What is investigative evaluation?
Undertaken to determine;- What is known- What is not known- Consistencies- ConflictsKey differences between investigative and evidential evaluation is that during evaluation 'all available material' is evaluated, even if inadmissible.
122
What is evidential evaluation?
Considers;- The overall strength of the case- Whether sufficient evidence exists against the offender to proceed to chargeWhen carrying out and evidential evaluation, the strength of the case is evaluated only on admissible evidence.
123
What is self/peer evaluation?
Will address;- Review of assumptions and decision making- Records organisation and management- Information communication and dissemination- Lessons learntSelf and peer evaluation is a critical component of the practice of professionals
124
Investigators usually make decisions based on 'working rules'. What is another name for it and how is it developed?
Heuristics. Developed from their on the job learning experience of conducting investigations and from their colleagues
125
What is the Appreciation technique?
It is a cognitive tool commonly used by investigators to take a disciplined approach to their decision making
126
In order for material to be effective it must be?
Relevant, reliable and admissible
127
What is a hypothesis?
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
128
Victims Rights Act 2002, Section 7 - Treatment
Any person who deals with a victim must treat them with courtesy and compassion and respect their dignity and privacy
129
Victims Rights Act 2002, Section 8 - Access
A victim of an offence should have access to services that address their needs, welfare, health, counselling, medical or legal
130
Victims Rights Act 2002, Section 6 - Restorative Justice
If upon the victims wishes, wants to meet with the offender to conduct restorative justice by way of facilitated meeting, Police can arrange to do so
131
Victims Rights Act 2002, Section 11 - Inform of services
Police have an obligation to inform victims of services available to them
132
Victims Rights Act 2002, Section 12 - Inform of process
Victims must be informed of;- Investigation process- Charges laid or reasons for not charging- Victims role as a witness- Steps victim may take to guard identity- Date, time and place of relevant events- Any outcomes of prosecution
133
Victims Rights Act 2002, Section 14 - Support persons
Information can be given to a victims support person if the victim;- Cannot receive it- Is not capable of understanding it alone- Has, in writing, nominated that person
134
Victims Rights Act 2002, Section 20 - Other victims
The prosecutor may, if considered appropriate to do so, treat the following as victims;- Persons disadvantaged by an offence- Persons from whom the effects of the offence has been, or could be, ascertained by or on behalf of the prosecutor
135
Victims Rights Act 2002, Section 25 - Retention of part or all of Victim Impact Statement
A judicial officer may, on his or her own initiative or on an application for the purpose, order that an offender and every lawyer representing the offender, not be given or shown any part of the victim impact statement.
136
Victims Rights Act 2002, Section 29 - Informed of bail conditions
Victims have a right to be informed of offenders bail conditions
137
Victims Rights Act 2002, Section 49 - Complaints
Victims have a right to complain to the IPCA if they feel they have not been afforded their rights
138
Victims Rights Act 2002, Section 51 - Return of property
Victims property seized as evidence must be returned as soon as possible
139
Which document is given to a victim eligible for the VNR?
POL1065
140
A victim is eligible to be put on the Victims Notification Register if they are the victim of?
- Sexual offending- Serious assault- Assault incurring serious injury or death- An offence leading a victim to have ongoing fears for theirs or their families safety
141
A Victim impact statement can only be distributed by?
Prosecutor
142
Can a Victim impact statement be disclosed to an offender?
Yes, only with the Victims consent
143
Who is responsible for informing a S29 victim of release on bail of an accused or offender?
Police
144
Who is responsible for informing a S29 victim of release or escape from prison detention, or of death, of an offender?
Department of Corrections
145
Who is responsible for informing a S29 victim of cessation of, or absconding from, or death during, home detention of offender?
Department of Corrections
146
Who is responsible for informing a S29 victim of decisions on recall orders?
NZ Parole Board
147
Who is responsible for informing a S29 victim of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital (or facility)?
Ministry of Health
148
Who is responsible for informing a S29 victim of the accused or offenders possibility of deportation
Department of Labour
149
What are the ten principles of investigative interviewing?
1. Interviewing is at the heart of investigation2. The aim of the interview is to discover the truth3. Information must be complete, accurate and reliable4. Keep an open mind5. Act fairly6. Questioning can be persistent7. Some witnesses require special consideration8. Interview in accordance with the law9. Care must be taken to identify suspects requiring special consideration10. Be sensitive to cultural background and religious beliefs
150
What are the five stages of the Peace model?
1. Planning and preparing interviews2. Engage and explain3. Account4. Closure5. Evaluation
151
Section 103(3)(a) of the Evidence Act outlines the grounds a judge must consider when deciding upon alternative ways of giving evidence which are?
- Age, maturity- Physical, mental, psychological impairment- Trauma suffered- Fear of intimidation- Nature of proceeding / evidence- Absence or likely absence from NZ
152
Always consider using a support person when the witness?
- Under 18 or elderly- Suffers from disability, disorder or impairment- Is traumatised- Victim of sexual assault- Fears intimidation- Cultural / religious backgrounds may create a barrier
153
Who is a witness?
Witnesses are people who have information about an alleged offence or offender. They may be an eyewitness, present at the event, or someone who can only provide peripheral information
154
What must you do when during an interview a witness becomes a suspect?
Adopt procedures for interviewing suspects. Comply with all legal requirements and record on video. If there is sufficient evidence to charge, the interviewee should be cautioned
155
Chief Justice practice note one states?
Police may ask questions of any person but they must not be compelled to answer
156
Chief Justice practice note two states
Before charging or questioning, caution must be given
157
Chief Justice practice note three states
Questioning may be persistent it must not amount to cross-examination
158
Chief Justice practice note four states
When a person is questioned about other evidence, the nature of the evidence must be fairly explained
159
Chief Justice practice note five states
Video recording should always be the preferred method and the interviewee must be given the chance to have the interview played back to them
160
The Bill of Rights Act 1990, Section 22 - Arbitrary detention
Arbitrary detention is when you arrest or detain a person and;- You do not have a legislative power to- The arrest or detention is unreasonable or unnecessary in this particular case, or while the initial detention was appropriate, the detention continued for an unnecessarily long time
161
Crimes Act powers of arrest come from what section?
Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed
162
Summary Offences Act powers of arrest come from what section?
Section 39 - Good cause to suspect
163
Land Transport Act powers of arrest come from what section?
Section 116(1) - Failure to comply with directions under Section 113 or Section 115Section 120(1) - Suspect a driver has committed an offence under Sections 58-62 of the Land Transport Act 1998
164
Arms Act powers of arrest come from what section?
Section 40 - Person in possession of a firearm refuses/fails to give correct details
165
Domestic Violence Act powers of arrest come from what section?
Section 50 - Person suspected of breaching protection order
166
A special consideration witness may be described as 'vulnerable'. Vulnerable means?
Susceptible, defenceless, in a weak position
167
When deciding whether to commence prosecution. What test needs to be applied?
The evidential test and the public interest test
168
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and...
The court is provided with an appropriate basis for sentence
169
The Bill of Rights Act 1990, Section 22 - Arbitrary detention
Arbitrary detention is when you arrest or detain a person and;- You do not have a legislative power to- The arrest or detention is unreasonable or unnecessary in this particular case, or while the initial detention was appropriate, the detention continued for an unnecessarily long time
170
Crimes Act powers of arrest come from what section?
Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed
171
Summary Offences Act powers of arrest come from what section?
Section 39 - Good cause to suspect
172
Land Transport Act powers of arrest come from what section?
Section 116(1) - Failure to comply with directions under Section 113 or Section 115Section 120(1) - Suspect a driver has committed an offence under Sections 58-62 of the Land Transport Act 1998
173
Arms Act powers of arrest come from what section?
Section 40 - Person in possession of a firearm refuses/fails to give correct details
174
Domestic Violence Act powers of arrest come from what section?
Section 50 - Person suspected of breaching protection order
175
A special consideration witness may be described as 'vulnerable'. Vulnerable means?
Susceptible, defenceless, in a weak position
176
When deciding whether to commence prosecution. What test needs to be applied?
The evidential test and the public interest test
177
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and...
The court is provided with an appropriate basis for sentence
178
"Working Rules" are the knowledge and skills learnt from experience
True
179
"Hypothesis" are explanations for a group of facts and can generate further lines of enquiries
True
180
A full appreciation is for lengthy and difficult problems
True
181
Short appreciation is for brief or less complicated problems
True
182
In any investigation aim to maximise the amount of material collected
True
183
Written Plans record decision making and shows why a certain course of action was taken
True
184
Appreciation Technique
AimFactorsCourses OpenPlan
185
Factor is a statement of truth about some known influence or circumstance
True
186
Investigative mindset is the principled approach to the way you examine material and make appropriate decisions
True
187
For an investigation you should aim to collect
The maximum amount to material and examine for its use
188
In the appreciation technique what is a factor
A statement of truth about a known influence or circumstance
189
What are the sequential steps of the appreciation technique
AimFactorsCourse openPlan
190
An appreciation is the mental process, the written plan
Records decision making and shows why a certain course of action was decided
191
What is meant by an investigators working rules
The knowledge and skills learnt from investigator experience
192
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.
193
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
194
What statement best describes an investigative mindset
A principled approach to the way investigators examine material and make appropriate and reasonable decisions
195
The victim impact statement is the record of the victims own words about what happened and there opinion of the offender
False
196
If not subject to any orders or restrictions the victim impact statement can be distributed to defence council
True
197
Victim notification register1) offender escapes, dies or temporary release2) upcoming parole hearing3) first unescorted leave or discharge4) not NZ citizen and subject to deportation
1) Department of corrections2) NZ parole board3) Ministry of health4) Department of Labour
198
Police must inform the victims that....
That they are entitled to access to welfare, health, medical and legal services
199
OC case or suitably tasked person is responsible for preparing victim impact statement
True
200
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
201
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
202
Match the Police form with purpose1) Victims request to be notified about bail2) Police opposition to bail3) Police referral of victim to court adviser4) Effects of crime in victim5) Record of Police contact with victim
1) POL10652) POL1283) CSV14) POL3925) POL1060
203
Responsibly of OC case to ensure POL1060 and CSV1 completed
True
204
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
205
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
206
Complaint about prowler, complainant is old woman. Police must make victim referral
True
207
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
208
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)
209
When a victim is identified their victim impact statement must be taken when due in court
False
210
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
211
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
212
Victim gives their consent the victim impact statement1) Can be given to defence2) Can only be distributed by prosecutors3) Not to be retained by offender
All true
213
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
214
If called to a sudden death of a person police must treat family with respect and provide information about access to support services
True
215
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
216
A victim impact statement can be disclosed in disclosure packs
False
217
When a victim is obviously distressed police must provide support and/or refer onto agency that can provide support
True
218
A victim impact statement may contain victims comments about offender or prior knowledge or there opinion about possible sentencing
False
219
OC case is responsible for ensuring victim impact statement is held in the case file ready to be produced at sentencing
True
220
OC obligations when victim doesn't want to go in victim notification register
Give POL1065Update POL1060Seek views on bail
221
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
222
Must gain approval from victim for disclose and distribution of their statement
True
223
OC responsibilities 15 year old witness giving evidence against dad
Report outlining giving evidence in alternative way - trueConvince them give evidence - falseConvince important of this evidence - true
224
You should obtain a written statement for a witness of doubtful reliability as their statement will more than likely be inadmissible
False
225
Special consideration refuses interview can you informally speak with them to clarify information
True
226
When there are multiple witness to serious incident the investigator should
Separate witnesses, conduct brief initial interview with each and gather witness details
227
If a witness becomes a suspect during interview then the interviewer should
Caution, shift procedures for interviewing suspects and ensure interview is visually recorded
228
A witness who is reluctant to give information that will incriminate a friend should be advised of the possible consequences for withholding information
False
229
A compliant witness is one who always provides good information to assist an investigation
False
230
Care must be taken in police interaction with a witness because
A witnesses needs and individual circumstances must be taken into account
231
Witness refuses to speak, you should make a notebook and record why they refused
True
232
A special consideration witness may be described as vulnerable, this means
Susceptible, defenceless and in a weak position
233
Need interpreter1) Discuss aim and objectives with them2) Visual record3) Allow unsupervised with witness4) Avoid someone who knows witness5) Use interview notes to do written statement
1) True2) True3) False4) True5) True
234
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
235
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
236
When planning an interview with a special consideration witness the investigator should
Consult supervisor to make decisions about the interview
237
Should intoxicated persons be treated as a special consideration
Yes because there ability to give accurate information is affected
238
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
239
The role of a support person for special consideration witness is to
Ensure their wellbeing and support there understanding of what is happening
240
Any police can execute an arrest warrant providing they confirm warrantFamily violence arrest directed by policyShould not arrest if can't justify necessary for justice or reasons of safetyYou must arrest of offence committed and Enright evidence
TrueTrueTrueFalse
241
What public interest factors apply1) Extent victims effected2) Review of defendants professional status3) Position of trust in the circumstances4) Reparation requires prosecution support
All true
242
Property taken from person who is arrested or lawfully detained
Maybe retained by custody officer
243
When admissible evidence is sufficient to provide prospect of conviction Police must
Apply the public interest test to determine if a prosecution is required
244
1) You may not not detain under certain enactments2) Everyone has right not to be arbitrarily arrested3) AD occurs when arrest is reasonable in particular case4) Arrest is form of AD5) Detained persons need not be cautioned
1) True2) True3) False4) False5) False
245
When should suspect have first received caution rights
When the suspect stated to you that the dairy owners fault that the window got broken
246
When would evidence not be allowed. Example
No because offender is custody and questions must not amount to cross examination
247
When deciding whether to commence prosecution, which test must you apply
The evidential testThe public interest test
248
Offender released without charge. Further investigation may lead to charge by way of summons
True
249
AD1) Case against person dismissed2) Arresting officer liable3) Statement inadmissible in court4) Officer face code of conduct enquirer
1) True2) True3) True4) False
250
Extensive youth history and reoffends as 18 year old. What public interest factors
Likelihood of offence being repeated
251
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
252
Factors when deciding to arrest1) Suspect warn accomplices2) If there is a need to safeguard offender safety3) Commit further offences4) Offender Liberty means safety of others
All true
253
When arresting youth what section overrides any other when making arrest
Section 214
254
Can you misrepresent the truth
No because the admission was one rained by misrepresenting the truth to suspect
255
Applying evidential you must consider if there is sufficient admissible evidence to
Provide reasonable prospect of conviction
256
For a serious crime investigation there are two team, what are they?
The investigation team and the support team.
257
What does the investigation team do?
Physically make enquiries to solve the case.
258
What are the phases and investigation is divided into for the investigation team?
Area Canvas, General Enquiries, Passive Data Generators, and Suspects and person of interest.
259
What does the support team do?
Provides support resources for the investigation team, to help organise and process the information gathered.
260
What are the two key tasks of an investigator?
1. Gathering and preserving evidence, and2. Documentation.
261
Investigators have to have good decision making. Appropriate and accountable decision making is based on an investigators knowledge of what?
- The legal framework- Characteristics of crime- National policies and procedures
262
Good decisions are based on a 7 step sequence, what is step 1?
Acknowledge there is a situation or problem that exists in which it is necessary to make a decision. Ask:- What is the problem here or what will be the problem soon?
263
Good decisions are based on a 7 step sequence, what is step 2?
Identify, isolate, and analyse the problem clearly. Ask:- What do I think the problem is?- Can I state it clearly to define it to others?- What do I already know about it?
264
Good decisions are based on a 7 step sequence, what is step 3?
Formulate a clear objective. Ask:- What are we aiming to achieve?
265
Good decisions are based on a 7 step sequence, what is step 4?
Gather all the data and information required to determine the ways in which the aim might be achieved.
266
Good decisions are based on a 7 step sequence, what is step 5?
Draw up a list, based on the information, of all the possible ways in which the aim might be achieved.
267
Good decisions are based on a 7 step sequence, what is step 6?
Weigh and study each of the alternatives individually. Ask:- What are the possible results or consequences of each alternative?- What is the most appropriate means for reaching the objective?- What are the best alternatives?
268
Good decisions are based on a 7 step sequence, what is step 7?
Prepare a plan for putting the selected course into action.
269
There are some factors an investigator needs to take into account which can affect their decision making, what are these factors?
- Individual Bias- Verification Bias- Availability Bias
270
What is Individual bias?
When an individual is unconsciously affected by their perceptions of people, places, or situations. When an individual fails to recognise the effect of their perceptions on their thinking and decision making, e.g. prejudice, diversity, criminal record.
271
What is Verification bias?
Verification bias occurs when thinking is channelled towards focusing on decision that support a certain point of view, thereby overlooking other alternative lines of enquiry or sources of material, e.g. a witness account that wrongfully identifies an offender.
272
What is Availability bias?
Availability errors occur when a person bases their decision making on material that is vivid and dramatic, emotionally charged, but it may not reflect the scope of the material available on which to make a correct decision, e.g. focusing on a victim's account and overlooking the collection of forensic evidence.
273
The Appreciation technique is a cognitive tool for an investigator to take a disciplined approach to decision making. There are 4 steps to make an appreciation, what is step 1?
The Aim.The aim or objective is a short statement of intent beginning with a verb. It should express your aim/objective clearly, concisely and in definite terms. It should be brief, to the point and there must be only one aim/objective, e.g. "To safely execute a search warrant at 123 Fake street" or "Solve the serious assault at 45 Fake Street" etc.
274
What is step 2 of the appreciation technique?
Factors.A factor is a statement of truth about some known influence or circumstance.Identify and consider the factors that will affect your aim or objective.Examine all the information you have regarding the situation or problem. This step in the process is a risk assessment.Identify what must be done to reduce risk and identify the resources you will require.
275
What are some of the possible factors you should consider?
Factors that often need to be considered in an investigation are:- the time available- possible suspects- available witnesses- material located to date- policy and procedure required- know history of the parties- records that can be tapped- the weather at the time
276
What should you do when you have listed all your factors?
With each factor ask yourself "So what?" i.e. what are the implications of that fact? Asking "So what?" repeatedly helps to extract all important information implied by a fact.Keep asking that question until all possible inferences are drawn.
277
What is step 3 of the appreciation technique?
Courses open.Courses open are the options you can identify after having assessed the factors and the deductions made from those factors.There may be many courses open in any given situation, and each course must be carefully examined and evaluated.Having examined and evaluated all the available options, each course of action must be critically examined before deciding on the most appropriate course to take to achieve the "Aim".
278
What is step 4 of the appreciation technique?
Plan.Select the most appropriate courses for attention and plan the action you can take.Review your plan by assessing:- Is it more then likely to be effective?- Is is proportionate? (Effort, time, resource)- Is it achievable?- Will it pass the SELF test?
279
There are two written forms of an appreciation, what are they?
- Full appreciation- Short appreciation
280
What is a full appreciation?
A full appreciation is most often for high-level or difficult tactical or administrative problems.
281
What is a short appreciation?
A short appreciation is used for urgent or pressing problems requiring immediate action.The short appreciation is also helpful for non-urgent problems that are not complicated or complex.
282
Why should you complete a written appreciation?
A written appreciation provides a record of decision making and shows why a certain course of action was taken. A written appreciation should be completed when:- There are several points to be considered and there is a danger of points being overlooked if they are not written down.- A clear picture of the situation is desired to present a logical argument that will carry conviction to a higher authority.
283
When carrying out a short appreciation what should you write down?
In the short note form, a written appreciation need only contain sufficient detail to ensure all relevant deductions may be made from it. Therefore, the amount that is written is the result of balancing the need for brevity with the requirement to include all the data pertinent to the problem, i.e. write down key words and details to show all possible deductions have been made.
284
An investigative mindset means you take a disciplined approach to gathering, recording, retaining and presenting evidence. Critical to an investigative mindset is your ability to exercise what?
- Critical thinking- Decision making- The appreciation technique- EvaluationUse an investigative mindset throughout all stages of an investigation.
285
The investigative mindset is an attitude or state of mind that investigators adopt and develop over time. What are some of the core values that an investigative mindset should have?
Respect, integrity, and professionalism are inherent in the investigative mindset.
286
To develop an investigators mindset, you must have both theoretical and experiential knowledge. You understand that investigation is a process underpinned by four key areas of knowledge, understanding and skills. What are the four areas?
- Core legislation- The characteristics of crime (nature of crime and criminal behaviour)- National policies and procedures- Investigative techniques.
287
There are two methods of criminal investigation: reactive and proactive. Their main difference is how they start with ether the discover of a crime or intelligence indicating that an individual or group is engaged in criminal activity. The stages of a criminal investigation are consistent over the two methods. What are the steps?
- Instigation- Initial investigation- Investigation evaluation. Which will lead to no further investigation, further investigation, or:- Suspect management- Evidential evaluation. Which will lead to no charge, further investigation, or:- Charge- File preperation- Court
288
When carrying out a criminal investigation we talk about gathering material. What is material and what are some examples?
Material is a substance of any kind, including information, objects, sounds and images obtained in the course of a criminal investigation that has some bearing on any offence under investigation or any person being investigated, or on the surrounding circumstances.Material may or may not become evidence.
289
There are a number of potential sources from which material is gathered, what are some of the sources?
- Victims- Witnesses- Suspects- Locations, including scenes of crime and the victim's or suspect's premises- CCTV recordings, telephone records, banking and credit card records, intelligence databases.
290
In practice the most common forms of material are what?
- Statements- Documents- Reports- Physical exhibits such as weapons, clothing, stolen goods and biological or chemical material- Fingerprints- Images- Audio or video recordings.
291
When gathering material from an investigation the aim is to gather as much admissible evidence as possible but not all material gathered will be in some cases. What three categories does gather material get put into?
- Information- Intelligence- Evidential
292
When considering admissibility of evidence with regards to Part 2 of the Evidence Act 2006, what types of evidence does this cover?
- Hearsay- Statements of opinion- Expert evidence- Improperly obtained material
293
When gathering material why is important to gather all types of material even when it might not be admissible as evidence?
Material that is not admissible evidence may be highly valuable to assist the investigation. Such material may assist with the investigation activities or for generating lines of enquiry that may produce other relevant, reliable and admissible material and should always be gathered.
294
It is essential that material that can be gathered is obtained as early as possible, and that clear objectives are set for retrieving the material from the source in the best way possible. Why is this?
To maximise its quality and to avoid contamination.
295
What are the sources of material you should consider when starting a routine inquiry?
- Re-interview the witness/complainant- Information sources - NIA, Intel office- Local and government agencies- Private businesses- Scene examination.
296
With complex, prolonged or difficult cases you must produce a written plan with clear objectives for collecting and preserving any additional material as the investigation proceeds. Your planning and preparation should identify what?
- Collection of material will be maximised- Legal, policy and procedure requirements are addressed- Specialist technical equipment or expertise is used- Most appropriate location to conduct the collection is prepared, e.g. interviewing suite, search warrant, Intel office.
297
Each source of material must be closely scrutinised. Therefore, as part of the collection process you must ensure what?
- Immediate action is taken in relation to the quality and preservation of material- Its reliability is tested at the earliest oportunity- Relevant records are made- The material is appropriately stored.
298
Material examination is usually divided into three areas, what are the three areas?
- Interpret- Clarify- ChallengeThe extent to which any area is relevant to a particular examination is determined by the material source and its characteristics.
299
With reference to material examination, what does interpret mean?
When material is examined an investigator interprets and draws inferences or logical conclusions about its potential use in the investigation. The more material gathered about a crime, the easier it is to draw inferences about the contribution a source can make to the investigation.
300
With reference to material examination, what does clarify mean?
Clarification involves identifying, explaining and understanding any inconsistencies or ambiguities the material contains. This may involve testing it against other material gathered or identifying actions to acquire further material to clarify it.
301
With reference to material examination, what does challenge mean?
Sources of material at first appearing to be reliable can be wrong, and material appearing to indicate one thing can later be found to support a totally different interpretation.Therefore, you must continually challenge both the meaning and the reliability of any material gathered. Treat all material as possibly being wrong or to regard it as potentially misleading.
302
When challenging material what does the acronym ABC mean?
A - Assume nothingB - Believe nothingC - Corroborate everything
303
Following the examination of a source of material, decisions must be made about what?
- Examination records needed- Storage required- Security- Access- Conditions to be addressed for disclosure.
304
Evaluation should identify any immediate actions that need to be taken in relation to the source or the material that was gathered from it. These include what?
- Actions to test the reliability of the source or the material gathered from it, or,- Any fast track actions that may be needed to secure other material.
305
Applying the investigative mindset to the collection of material ensures what?
- The maximum amount of material is gathered- Its reliability is tested at the earliest opportunity- Immediate action is taken in relation to it- Relevant records are made- The material is appropriately stored- Logical deductions are made.
306
What are the three types of formal evaluation in an investigative mindset?
- Investigative evaluation- Evidential evaluation- Self and peer evaluation
307
Investigative evaluation is undertake to determine what?
- What is known- What is not known- Consistencies- Conflicts
308
Evidential evaluation considers what?
- The overall strength of the case- Whether sufficient evidence exists against the offender to proceed to charge.
309
Self/Peer evaluation is done to address what?
- Review of assumptions and decision making- Records organisation and management- Information communication and dissemination- Lessons learnt
310
Visual identification evidence means evidence that is what?
- An assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near the place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done, or,- An account (whether oral or in writing) of an assertion of the kind described above.
311
What are the formal visual identification procedures?
- ID parade- Photo line-ups
312
What are the seven requirements for formal visual identification procedure?
- It occurs as soon as practicable after the offence is reported.- The suspect is compared to no fewer than seven others, who are similar in appearance to the person to be identified.- No indication is made to the person making the identification about who among the people in the procedure is the suspect.- The person making the identification is informed that the suspect may or may not be among the people in the procedure.- A written record of the procedure followed is sworn to be true and completed by the officer who conducted the procedure, and is provided in court to the judge and defendant.- A pictorial record of what the person making the identification looked at is prepared and certified to be true and completed by the officer who conducted the procedure, and is provided in court to the judge and defendant.- The procedure complies with any relevant regulations.
313
What are the six good reasons for not following a formal visual identification procedure?
- The suspect refuses to take part in a formal procedure and Police do not already hold a photograph or video that shows a true likeness of the suspect.- The suspect has a singular appearance (it cannot be disguised to make it similar to those the suspect would be compared to).- The suspect has substantially changed their appearance after the offence occurred and before it was practical to hold a formal procedure.- No officer involved in the investigation or the prosecution of the offence could have reasonably anticipated identification would be an issue at the trial.- An identification of the suspect was made to an officer soon after the offence was reported and in the course of the initial investigation.- An identification of the suspect was made to an officer after a chance meeting between the person who made the identification and the suspect.
314
What should you do if you wish to carry out a photo line up but do not have a photograph of the suspect?
Request that the suspect allow you to take their photograph.
315
What should you do if a suspect refused to have their photograph taken for formal identification, and there are no current photographs?
Document the refusal and make a note on the file for the reason as to why no formal identification procedure was followed.
316
Before conducting an identification parade you must select other participants, what are four rules to follow when selecting them?
- There must be at least seven other participants- They must be of the same race as the suspect- They must be of similar age, height, general appearance and social grouping as the suspect- They must not be a police employee
317
When conducting an an identification parade you must advise the suspect of what?
- They are entitled to refuse to take part in the parade- They are entitled to have a solicitor present- The parade will, where practicable, be photographed
318
When conducting an an identification parade the witness must not be what?
- Allowed to see the suspect before they are placed in the parade- Influenced by any opinion, or written or verbal description, from police- Asked any leading questions that would draw their attention to any distinctive physical characteristic of the suspect.
319
What should you do if the witness does not feel able to face the participants directly?
Use a one-way glass viewing facility where available
320
When conducting an an identification parade ask the participants to stand about one meter apart, what else can you ask them to do to assist the witness?
- Wear or remove their hats- Speak- Walk individually
321
You must ensure that a pictorial record is taken of the parade and that the venue has good light, what should you tell the participants about this?
Tell them the reason as to why the photograph is being taken and assure them that the negatives and prints will be adequately secured and destroyed when no longer required.
322
When conducting an an identification parade what must you ask the suspect?
- If they object to any of the participants or the way they are arranged- Invite them to stand where they wish and change position after each witness has viewed the parade.
323
When conducting an an identification parade there are five things you must do with the witness, what are they?
- Tell them the person they are about to identify may or may not be in the parade- Told not to hurry, to take their time- Accompanied along the parade by the O/C parade- Brought in one by one and asked to stand in front of, and point to, the person they identify- Prevent from communicating with waiting witnesses when they leave
324
In some cases a witness will not make a positive identification or will pick someone other than the suspect, what should you do if this happens?
Ensure that the indication is recorded.
325
The O/C parade has three steps to complete once the ID parade is done, what is step 1?
Make a written record detailing the procedure used, the time date and place, and the name of the witness.This must be completed using the Sworn Record of Formal Identification form. It must be sworn in front of a court registrar or solicitor and placed on the prosecution file.
326
The O/C parade has three steps to complete once the ID parade is done, what is step 2?
Recored the details of the witness and the participants (i.e. names, ages, address etc.) on the file or in your notebook.
327
The O/C parade has three steps to complete once the ID parade is done, what is step 3?
Put a certified pictorial record of what the witness looked at on the file.
328
Who else will the certified pictorial record be given to?
The judge, and the defence, but not the jury.
329
With regards to formal ID parades, if the defendant or a person acting on their behalf so requests, the prosecutor must supply them with what?
- The name and address of each identification witness whether or not that witness will be called- Each witness's written description of the offender- A copy of any identikit picture or other drawing made by any such witness.
330
If the witness could be in danger if their name and address is given to the defendant what can be done to protect them?
The judge may make an order excusing the prosecutor from supplying the name and address of an identification witness if they are satisfied that the order is necessary to protect the witness or any other person.
331
When conducting a photo line-up for formal ID what are three possible issues that could effect the quality of the line-up?
- The desired objective by the witness when viewing a line up is compromised- There are two or more offenders or suspects- Failure to use an adequate description when saving a line up.
332
The 2 key tasks of any investigation are
Gathering and preserving evidenceDocumentation
333
Appropriate and accountable decision making is based on knowledge of
The legal frameworkCharacteristics of crimeNational policies and proceedures
334
The 7 parts of making a good decision
Acknowledge a problem existsIdentify, isolate and analyze the problemFormulate an objectiveGather all info to determine how the aim can be achievedDraw up a list of all ways it can be achievedWeigh and study each alternative Prepare plan for putting it in to action
335
What is individual bias
Decision making that is unconsciously effected. Personal perceptions of people, places, situations etc.
336
What is verification bias
Focussed on making decisions that support only a certain point of view and overlooking alternative lines of enquiry
337
Steps in the appreciation technique
Develop and aim or objectiveFactors to consider Courses openDevelop a plan
338
What 4 things are critical to an investigative mindset
Critical thinkingDecision makingAppreciation technique Evaluation
339
What is 'material'
Substance of any kind including information and objects, sounds and images, obtained through investigation that has some bearing on any offence or any person being investigated or on the circumstances of the case
340
Potential sources of material (8)
VictimsWitnessesSuspectsLocationsCCTVPhonesBanksIntelligence databases
341
Most common formats of material
StatementsDocumentsReportsPhysical exhibitsFingerprintsImagesAudio and video recordings
342
Material is generated by an offence. It is dependent on the use to which it is put. Material becomes one of 3 things to an investigator, name them
InformationIntelligence Evidence
343
A hearsay statement is admissible if:
The circumstances relating to the statement provide reasonable assurance the statement was reliableThe maker of the statement is unavailable The judge considers that undue expense or delay would be caused for the maker
344
What is ABC
Assume nothingBelieve nothing Corroborate everything
345
Investigation evaluation is:
What is/isn't knownConflicts All available information
346
Material is split up into 3 parts RRA
RelevanceReliability Admissibility
347
Visual identification evidence
An assertion by a person on what that person saw to the effect that the defendant was present or near , either direct or circumstantially, a commission of an offence that was done at or about the time the act was done
348
When is/isn't visual identification evidence admissible/inadmissible
Followed the formal procedure or a good reason for not followingNo good reason for not following the proceedure
349
7 requirements for formal proceedures
AsapNo fewer than 7 othersNo indication of the suspectMay or may not be among themWritten record to be sworn to be truePictorial record to be sworn and provided to courtComplies with relevant regulations
350
6 good reasons for not following a formal identification procedure
Suspect refuses and police dont hold a current photoSuspect has a singular/unique appearance that can't be disguisedSubstantially changed their appearance No officer involved could have reasonably anticipated id would be an issueAn Id was made soon after the offenceId of suspect was made by a chance meeting
351
Is a suspect required to attend a formal id parade and why?
No. No person charged with an offence can be compelled to attend. They are entitled to have their lawyer present. You can ask for a current photo but they can refuse
352
Initial Action
VictimsAppreciationWitnessesSceneExhibitsIngredientsPowersOffenders
353
Appreciation
A proven method of problem solving. It identifies a question arising from a problem, issue or situation.Can be full, short or written
354
How to do an appreciation
1. Aim - statement of intent 2. Factors - a statement of truth about known influence 3. Courses open - possible ways aim could be achieved 4. Plan - select most appropriate
355
Preserving scene
1. Identify - common approach path, powers, "scene", SITREP2. Secure3. Preserve4. Consider 5. Record
356
Search and Surveillance 116
Securing a place, vehicle or other thing to be searched. Can in a reasonable manner and duration- secure thing, area or items in or on Can exclude persons if will obstruct or hinder
357
POL 265
Deceased person certificate
358
POL 265A
Formal identification form
359
Initial response to body
1. Record and consider marking position2. Record details3. Health risks4. Paper bags on head, feet and hands. Loose tape to secure. Plastic if wet.6. Wrap body in plastic sheet7. Search under body site8. Exhibits
360
File management/disclosure 10,000 series docs
Those where there is no justification to withhold from disclosure under 16, 17 or 18 - FWS, job sheets, transcripts
361
File management/ disclosure 50,000 series docs
Those which may be fully or partially withheld pursuant to 16, 17 or 18 - emails, SW app, CHIS
362
Good charging decision
Adequately reflect nature and extent of criminal conduct and provide court appropriate basis for sentence.
363
Attorney general needs to consent what charges
SOA 20 - false claim of qualificationSOA 20A - unauthorised disclosure of infoFEN 11 - NZ flag offencesFVP 123-129 - restricted and objectionable publications CA 100-105 - bribery and corruption
364
Solicitor General Guideline
All probable offences punishable by 7 yrs + should be included in charge.
365
Good investigative decision
Acknowledge problem AnalyseObjectiveGather data/infoAlternativesPlan
366
Individual bias
Decisions unconsciously affected by personal perceptions
367
Verification bias
No considering alternatives as set on a vertical channel
368
Availability errors
Focussing on what have and ignoring other evidence
369
Investigative mindset
A disciplined approach to gathering, recording, retaining and presenting evidence
370
Hearsay
Admissible if the circumstances relating to the statement provide reasonable assurances that the statement is reliable and the statement maker is unavailable as a witness or judge seems undue expense or delay
371
Statements of opinion
Admissible if opinion is necessary to enable the witness to communicate or the fact finder to understand the witness
372
Expert evidence
Admissible if the face finder is likely to obtain substantial help from the opinion in understanding other evidence
373
Improperly obtained evidence
Balance of probabilities that improperly obtained if any BOR breach, unfairly, inadmissible statement
374
V.R.A 7
Treat with courtesy, compassion and respect
375
V.R.A 8
Access to services such as welfare, health, counselling, medical and legal
376
V.A.R 9
Restorative justice meetings to resolve
377
V.R.A 11
Info about programmes and services
378
V.R.A 12
Info about proceedings
379
V.R.A 13
Limits on duties to give info under 11 and 12
380
V.R.A 14
Info that may be given to a support person
381
V.R.A 15
Rights under privacy act
382
V.R.A 16
Restrictions on disclosing contact details
383
V.R.A 17
About VIS. Defined, purpose and information to be ascertained
384
V.R.A 18
Procedure before ascertaining VIS info. Must be true and recorded
385
V.R.A 20
Statement from another disadvantaged
386
V.R.A 21-26
In relation to VIS:21. For sentence indication22. May be read in court 23. Offender not given to keep24. Return at end except victim, court staff, police, probation or prosecutor25. Can withhold part to protect26. Anything withheld not taken in to account
387
Victim
- offence against- physical or loss or damage from offence - parent or legal guardian of CYP - immediate family of deceased or is incapable due to offence
388
Child vs young person
Child - Under 14 but 18 if giving evidenceYP- over 14 but under 17 (unless married/civil union)
389
VHS
Calculated score based on factors and measures such as seriousness of offences, number of, offender recidivism and repeat crime types. This creates lights of graduated response model
390
VNR
Process set up by agencies to notify victims of specified serious offences who wish to be notified of bail, release and death of defendant or offender 29 offences - sexual or other serious, serious injury, death or incapable, one of another resulting in ongoing fear for theirs or immediate family
391
VNR and VIS and alternate evidence numbers
POL 1065 POL 392POL 2020
392
If witness becomes suspect during interview
Adopt procedures for interviewing suspects including cautioning and visually recording
393
P.E.A.C.E interview phases
Planning and prepEngage and explain Account Closure Evaluation
394
Interview special considerations
Children and elderlyIntoxicatedTraumatised victimsIntellectual disabilities FV/sexual assault victims Communication difficulties
395
ADVOKATES
Amount of timeDistance Visibility Obstruction Known Any reason to remember (distinguishing)Time lapseError or material discrepancySalience
396
Support person for witness
Under 6 of evidence regulations, can be present at interview if in interest of witness and appropriate person. Always consider if 'special' witness 18+Not suspect or witness Won't pervertAvailable reasonable time
397
Ten II principles
1. Interview heart of investigation 2. Aim to discover truth3. Complete, accurate and reliable info 4. Open mind5. Fair6. Questioning can be persistent 7. Special considerations for some 8. Interview in accordance with law9. Care to identify 'special' 10. Sensitive to culture and religion
398
Memory process
Encoding > storage > retrieval
399
For any investigation you should aim to collect
the maximum amount of material and examine for its use
400
When thinking about written appreciation which two of the following choices best describe the difference between a full and a 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 bulleted points on a notebook page.
401
What are the sequential steps of the appreciation technique?
aim, factors, courses open, plan
402
In the appreciation technique, what is a factor?
- a statement of truth about a known influence or circumstance
403
An appreciation is the mental process, the written plan
records decision making and shows why a certain course of action was decided
404
What is meant by an investigator's working rules?
the knowledge and skills learnt from investigator experience
405
What best describe an investigative mindset?
a principled approach to the way investigators examine material and make appropriate and reasonable decision.
406
describe hypotheses and why you might use it ?
hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry.
407
Match the purpose of the police form to its code1: the police form that records the police opposition to a defendant's bail and the victim's view on their safety2: the police that records the victims request to be notified about the bail, release, escape or absence of the offender3: that records the effect of the crime on the victim and others who have been disadvantaged by the offence4: that provides a record of police contact with the victim and the actions completed5: that records the police referral of the victim to the court victim advisorPol 1060 Pol 392 CSV1 Pol 128 Pol 1065
1: Pol 128 - the police form that records the police opposition to a defendant's bail and the victim's view on their safety2: Pol 1065 - the police that records the victims request to be notified about the bail, release, escape or absence of the offender3: Pol 392 - that records the effect of the crime on the victim and others who have been disadvantaged by the offence4: Pol 1060 - that provides a record of police contact with the victim and the actions completed5: CSV1 - that records the police referral of the victim to the court victim advisor
408
When and why is a CSV1 required?
when there is a victim and the matter will proceed to district court or above because the victim is entitled to specific services at the court
409
What are the two teams in a serious crime investigation?
1. Investigation 2. Support (also known as the Operation Headquarters Team)
410
What are the factors that affect decision making? (there are 3)
- Individual bias - Verification bias - Availability errors
411
Describe Individual bias (It is a factor affecting decision making)
Decision making unconsciously affected by an individual's perceptions of people, places and situations e.g. perceptions based on prejudice, diversity, criminal record
412
Describe Verification bias (It is a factor affecting decision making)
When thinking is channelled towards focusing on making decisions that support a certain point of view, thereby overlooking other alternative lines of enquiry or sources of materiale.g. a witness account that wrongfully ID's an offender.
413
Describe Availability error(It is a factor affecting decision making)
Availability error occurs when a person bases their decisions on material that is vivid and dramatic, emotionally charged, but it may not necessarily reflect the scope of material on which to make a correct decision e.g. focusing on a victim's account and over looking the collection of forensic evidence
414
What are the four steps to the appreciation technique?
1. Aim or objective 2. Factors 3. Courses Open 4. Plan
415
Appreciation technique: Describe Step 1: Aim or objective
A short statement of intent beginning with a verb. (Read page 11)
416
Appreciation technique: Describe Step 2: Factors
A factor is a statement of truth about some known influence or circumstance. (Read page 11)
417
Appreciation technique: Describe Step 3: Courses open
Courses open ate the options you can identify after having assessed the factors and the deductions made from the factors. (Read page 12)
418
Appreciation technique: Describe Step 4: Plan
Select the most appropriate courses for attention and plan the action you can take. (Read page 12)
419
Two forms of written appreciation:
Full appreciation Short appreciation
420
What are the 4 key areas of knowledge, understanding and skills that underpin a good investigation?
- Core legislation - The characteristics of crime - National policies and procedures - Investigative techniques
421
What is a reactive criminal investigation?
Starts with the discovery of a crime
422
What is a proactive criminal investigation?
Starts with information or intelligence analysis indicating that an individual or a group of individuals is engaged in criminal activity
423
Draw the diagram showing the stages of criminal investigations
Found page 15
424
Does material always become evidence?
No
425
Material attrition
total material gathered by an offence > the material gathered by police > material that is admissible as evidence
426
What are the steps to applying the investigative mindset?There are 5 principles.
Principle 1: Understand the source of the material Principle 2: plan and prepare Principle 3: Examine all material Principle 4: Record and collate Principle 5: Evaluate
427
Define hypotheses
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
428
When would a full appreciation be used?
High level or difficult tactical or administrative problems
429
When would a short appreciation be used
Urgent or pressing matters requiring immediate attention
430
What is 'material'?
substance of any kind, including information, sounds, images obtained in the course of a criminal investigation that has some bearing on any offence
431
True or falseMaterial may or may not become evidence
True
432
True or false Material gathered during a course of an investigation always becomes evidence
false
433
What does the investigation team do?Give examples
Physically make enquiries to solve the case Examples: Area Canvass, General Enquiries, Passive Data Generators, suspects and persons of interest
434
What does the support team do?
Provides support resources for the investigation team Help it organise and process the information gathered
435
Practical steps to minimise the need to replace staff must be made early in every operation. If you have leave, court, or other commitments pending, who should you advise?
The 2IC
436
What are the two key tasks of any investigation?
1. Gathering and preserving information 2. Documentation
437
What four things are critical to an investigative mindset?
- Critical thinking - decision making - the appreciation technique - Evaluation
438
What are three uses material can have
information, intelligence, evidence
439
What do investigators base appropriate and accountable decision making on?
Appropriate and accountable decision making is based on investigators knowledge of:• The legal framework• Characteristics of crime• National policies and procedures
440
Good decision are based on a process of reasoning based on what steps?
Good decisions are reached through a process of reasoning based on these steps.1. Acknowledge that a situation of problem exists 2. Identify, isolate and analyse the problem clearly. 3. Formulate a clear objection4. Gather all the data and information required to determine the ways in which the aim might be achieved.5. Draw up a list on the information, of all the possible ways in which the aim might be achieved.6. Weigh and study each of these alternatives individually7. Prepare a plan for putting the selected course into action
441
What is the appreciation technique?
Aim, factors, courses open, plan
442
In regards to investigation What is an aim?
• Short statement of intent beginning with a verb• Express clearly and concisely in definite terms
443
In regards to investigation what is a factor
A statement of truth about some know influence/circumstance.Factors include seriousness, pattern of offences, time available, witnesses, suspects, material available to date, history of parties, weather at time etc.
444
What is a short appreciation used for
• For urgent or pressing problems requiring immediate action• Helpful for non urgent problems that are not complicated or complex• Applicable to daily police duties
445
What is a full appreciation used for
High level or difficult tactical or administrative problems.
446
What is 'the investigative mindset'?
This is an attitude/state of mind that investigators adopt and develop over time.• Values of integrity, respect, professionalism
447
What are the four key areas that underpin the investigative mindset
• core legislation• characteristics of crime• national policies and procedures• investigative techniques
448
What will the investigative mindset allow you to do?
Apply principled approach to collection and evaluation of material• Use logical and deductive reasoning techniques to progress the investigation• Make investigative decisions appropriate to the case• Evaluate and validate your decision making
449
Name two methods of criminal investigation - explain them.
• reactive – starts with discovery of a crime• proactive – info or intelligence suggesting criminal activity
450
Explain "material"
Substance of any kind, including info and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on any offence under investigation or any person being investigated, or on the surrounding circumstances in the case.
451
What five steps are taken to applying the investigative mindset?
1. Understand the source of the material2. Plan and prepare 3. Examine all material 4. Collate and record5. Evaluate
452
Name three types of evaluation: What are they used for?
1. Investigative Evaluation – to determine: what is not/known, inconsistencies, conflicts2. Evidential Evaluation – considers the overall strength of the case, and whether sufficient evidence exists to proceed with charge.3. Self/Peer Evaluation – Review assumptions, decision making, info, communication, dissemination, lessons learned
453
What is a hypothesis?
A hypothesis is a buidling scenario that best explains the available material.
454
What is 'relevance'?
RELEVANCE (it has some bearing on the investigation)
455
What is reliability
RELIABILITY - independent corroboration of the material that is to be used as evidence is tested
456
Under the victim rights act 2002, what is a child?
Child is under 14 years old
457
When can meetings occur between victim and offender?
• Victim and offender must agree to do so• It must be practical and the circumstances appropriate
458
What must a victim be given asap?
As soon as practicable must be given info about• progress of investigation of offence• charges laid or reasons for not doing so• victims role as a witness in the prosecution• date and place of each event• every final disposition of all proceedings
459
under victim privacy, what may not be given to the court?
The victims address or phone number
460
What does S.25 say in relation to victim impact statements?
S.25 says that judicial officer may order that an offender and their lawyer not be given of shown any part of the VIS, if in their opinion it is necessary to protect physical safety of the victim.
461
What does S.28 say about publishing the name of an offender?
S.28 victims views on application for order prohibiting publication of name of offender
462
Under S.30, what must be ascertained?
victims views about release on bail
463
What is a S.29 offence
one of sexual violation or other serious assault or resulted in serious injury or death, or in person being incapable,
464
What must a victim of a S.29 offence be told and when?
must be given reasonable notice of release, or be notified asap on escape.
465
What is VNR
Victim Notification Register
466
Under S.35 a victim must be informed of what?
• S.35 notification of temp release from , escape, abscondment or death in jail.Victim to whom this applies, must be given reasonable notice of release, or be notified asap on escape.
467
What are the following forms? 1065106040012839214ACSV1143
1065 VNR – only s.29 victims can go on this1060 Record of victim contact128 Op to Bail14A CAF392 VISCSV1 Service to victims
468
Who is a 'victim?
A victim is:• person against whom offence is committed• suffers physical injury, loss, damage to property• parent of legal guardian of child of yp who is one of the above• member of immediate family who as a result of offence committed by another dies or is incapable• Under s.7 & 8 a victim is also person who by offence committed by another suffers emotional harm, witnesses, (ie. Teller in robbery), people living in fear because of serious crime being committed locally.
469
Victims are entitled to a support person. Under S.4 a support person is:
Victims are entitled to support person. Under s.4 they are:• spouse, cu partner, de facto of victim• parent or close relative of guardian of victim• A social worker, welfare guardian or attorney appointed by victimIn terms of victims rights acts 'child' is under 14.In terms of evidence act 2006 'child' is under 18
470
What is a 'witness?
A Witness is – person who gives evidence and is able to be cross-examined in a proceeding
471
What is 'frozen fright'
Frozen Fright – victim exhibits signs similar to shock – numbness, inactivity, fainting, nausea, vomiting, sweating, blood pressure deviation etc.
472
What is fight or flight?
Fight or Flight – signs are hysteria, agitation, screaming, rapid speech.
473
What are some long term victim reactions?
Long Term – Anger, fear, frustration, confusion, guilt, blame, grief, sorrow
474
Under S.12 victims must be...........
informed of progress
475
What are 'heuristics?
Working rules developed through on the job learning experience.
476
Appropriate and accountable decision making is based on an investigators knowledge of: (3)
. the legal framework. characteristics of crime. national policies and procedures.
477
Three factors that may adversely affect the quality of decision making:
. individual bias. verification bias. availability error.
478
Four steps of the appreciation technique:
. aim or objective. factors. courses open. plan.
479
What is the difference between investigative and evidential evaluation of material gathered during an investigation?
. in an investigative evaluation ALL AVAILABLE MATERIAL is evaluated. in an evidential evaluation ONLY THE EVIDENTIALLY ADMISSIBLE MATERIAL is taken into account.
480
What are the two forms of written appreciation?
. full appreciation. short appreciation.
481
A written appreciation provides ...... and shows ......
. a record of decision making. why a certain course of action was taken.
482
What are the four key works used in the Victims Rights Act to describe the way in which victims should be treated?
. compassion. courtesy. dignity. privacy.
483
Who can show a victim impact statement to an offender?
. a prosecutor. lawyer for an offender. victim concerned. someone acting under the authority of the victim.
484
Victims Rights Act 2002, s24(1) states that every person who received or makes a copy or copies of a victim impact statement during proceedings must return the copy after the end of proceedings. Who does this NOT apply to?
. the victim. a member of court staff. police employee. prosecutor. anyone else the judicial officer orders.
485
A victim is:
. a person against whom offence is committed. another person who suffers physical injury, loss or damage to property. parent or legal guardian of above. member of immediate family of a person who as a result of offence dies or is incapable.
486
Child in Victims Rights Act:
. boy or girl under 14 years.
487
Young person in Victims Rights Act:
. boy or girl over 14 and under 17 years (15, 16 year olds).
488
Child in Evidence Act:
. person under 18 years.
489
Child in CYPFS Act:
. under 14 years.
490
Young person in CYPFS Act:
Over 14 years and under 17 years (except married or civil union).
491
Only victims of s29 offences can on on the VNR (Victims Notification Register). The offence must be:
. sexual or serious assault. one that results in serious injury, death or persons being incapable. led to victim having ongoing fears on reasonable grounds for physical safety/security for them or immediate family.
492
Which section of the Evidence Act 2006 gives you direction on the grounds on which evidence may be given in an alternative way?
.s103.
493
According to the practice note on police questioning, a member of police investigating an offence may ask questions of whom?
. any person from whom it is thought that useful information may be obtained, whether or not that person is a suspect.
494
According to the police practice not on police questioning, when must a member of police caution a person before inviting them to answer any questions or make a statement?
. when there is sufficient evidence to charge. when questioning them in custody.
495
What does TENR stand for?
. threat. exposure. necessity. response.
496
s7, Search and Surveillance Act enables you to:
. enter a place or vehicle without warrant, by force if necessary, to search for and arrest a person if you have RGTS a person is unlawfully at large and RGTB that the person is there.
497
s8, Search and Surveillance Act enables you to:
. enter a place or vehicle without warrant and search for and arrest a person you SUSPECT has committed an offence PUNISHABLE BY IMPRISONMENT, and BELIEVE is there, and BELIEVE that if entry is not affected immediately EITHER OR BOTH of the following MAY occur - person will leave to avoid arrest, evidential material will be concealed, altered, damaged or destroyed (CADD).
498
s9, Search and Surveillance Act enables you to:
. stop a vehicle without warrant to arrest a person you have RGTB is in/on vehicle and you suspect is unlawfully at large OR has committed an offence punishable by imprisonment.
499
You've stopped a vehicle under s9, Search and Surveillance Act. Which section allows you to search it?
.s10.
500
You've arrested a person and have RGTB that evidential material relating to the offence is at a place AND if entry is delayed then CADD. Where does your power to enter and search come from? Who can do it?
. s83, Search and Surveillance Act. only arresting officer.
501
What do investigators base appropriate and accountable decision making on?
Appropriate and accountable decision making is based on investigators knowledge of:• The legal framework• Characteristics of crime• National policies and procedures
502
Good decision are based on a process of reasoning based on what steps?
Good decisions are reached through a process of reasoning based on these steps.1. Acknowledge that a situation of problem exists 2. Identify, isolate and analyse the problem clearly. 3. Formulate a clear objection4. Gather all the data and information required to determine the ways in which the aim might be achieved.5. Draw up a list on the information, of all the possible ways in which the aim might be achieved.6. Weigh and study each of these alternatives individually7. Prepare a plan for putting the selected course into action
503
What is the appreciation technique?
Aim, factors, courses open, plan
504
In regards to investigation What is an aim?
• Short statement of intent beginning with a verb• Express clearly and concisely in definite terms
505
In regards to investigation what is a factor
A statement of truth about some know influence/circumstance.Factors include seriousness, pattern of offences, time available, witnesses, suspects, material available to date, history of parties, weather at time etc.
506
What is a short appreciation used for
• For urgent or pressing problems requiring immediate action• Helpful for non urgent problems that are not complicated or complex• Applicable to daily police duties
507
What is a full appreciation used for
High level or difficult tactical or administrative problems.
508
What is 'the investigative mindset'?
This is an attitude/state of mind that investigators adopt and develop over time.• Values of integrity, respect, professionalism
509
What are the four key areas that underpin the investigative mindset
• core legislation• characteristics of crime• national policies and procedures• investigative techniques
510
What will the investigative mindset allow you to do?
Apply principled approach to collection and evaluation of material• Use logical and deductive reasoning techniques to progress the investigation• Make investigative decisions appropriate to the case• Evaluate and validate your decision making
511
Name two methods of criminal investigation - explain them.
• reactive – starts with discovery of a crime• proactive – info or intelligence suggesting criminal activity
512
Explain "material"
Substance of any kind, including info and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on any offence under investigation or any person being investigated, or on the surrounding circumstances in the case.
513
What five steps are taken to applying the investigative mindset?
1. Understand the source of the material2. Plan and prepare 3. Examine all material 4. Collate and record5. Evaluate
514
Name three types of evaluation: What are they used for?
1. Investigative Evaluation – to determine: what is not/known, inconsistencies, conflicts2. Evidential Evaluation – considers the overall strength of the case, and whether sufficient evidence exists to proceed with charge.3. Self/Peer Evaluation – Review assumptions, decision making, info, communication, dissemination, lessons learned
515
What is a hypothesis?
A hypothesis is a buidling scenario that best explains the available material.
516
What is 'relevance'?
RELEVANCE (it has some bearing on the investigation)
517
What is reliability
RELIABILITY - independent corroboration of the material that is to be used as evidence is tested
518
Under the victim rights act 2002, what is a child?
Child is under 14 years old
519
When can meetings occur between victim and offender?
• Victim and offender must agree to do so• It must be practical and the circumstances appropriate
520
What must a victim be given asap?
As soon as practicable must be given info about• progress of investigation of offence• charges laid or reasons for not doing so• victims role as a witness in the prosecution• date and place of each event• every final disposition of all proceedings
521
under victim privacy, what may not be given to the court?
The victims address or phone number
522
What does S.25 say in relation to victim impact statements?
S.25 says that judicial officer may order that an offender and their lawyer not be given of shown any part of the VIS, if in their opinion it is necessary to protect physical safety of the victim.
523
What does S.28 say about publishing the name of an offender?
S.28 victims views on application for order prohibiting publication of name of offender
524
Under S.30, what must be ascertained?
victims views about release on bail
525
What is a S.29 offence
one of sexual violation or other serious assault or resulted in serious injury or death, or in person being incapable,
526
What must a victim of a S.29 offence be told and when?
must be given reasonable notice of release, or be notified asap on escape.
527
What is VNR
Victim Notification Register
528
Under S.35 a victim must be informed of what?
• S.35 notification of temp release from , escape, abscondment or death in jail.Victim to whom this applies, must be given reasonable notice of release, or be notified asap on escape.
529
What are the following forms? 1065106040012839214ACSV1143
1065 VNR – only s.29 victims can go on this1060 Record of victim contact128 Op to Bail14A CAF392 VISCSV1 Service to victims
530
Who is a 'victim?
A victim is:• person against whom offence is committed• suffers physical injury, loss, damage to property• parent of legal guardian of child of yp who is one of the above• member of immediate family who as a result of offence committed by another dies or is incapable• Under s.7 & 8 a victim is also person who by offence committed by another suffers emotional harm, witnesses, (ie. Teller in robbery), people living in fear because of serious crime being committed locally.
531
Victims are entitled to a support person. Under S.4 a support person is:
Victims are entitled to support person. Under s.4 they are:• spouse, cu partner, de facto of victim• parent or close relative of guardian of victim• A social worker, welfare guardian or attorney appointed by victimIn terms of victims rights acts 'child' is under 14.In terms of evidence act 2006 'child' is under 18
532
What is a 'witness?
A Witness is – person who gives evidence and is able to be cross-examined in a proceeding
533
What is 'frozen fright'
Frozen Fright – victim exhibits signs similar to shock – numbness, inactivity, fainting, nausea, vomiting, sweating, blood pressure deviation etc.
534
What is fight or flight?
Fight or Flight – signs are hysteria, agitation, screaming, rapid speech.
535
What are some long term victim reactions?
Long Term – Anger, fear, frustration, confusion, guilt, blame, grief, sorrow
536
Under S.12 victims must be...........
informed of progress
537
What are 'heuristics?
Working rules developed through on the job learning experience.
538
For any investigation you should aim to collect
the maximum amount of material and examine for its use
539
When thinking about written appreciation which two of the following choices best describe the difference between a full and a 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 bulleted points on a notebook page.
540
What are the sequential steps of the appreciation technique?
aim, factors, courses open, plan
541
In the appreciation technique, what is a factor?
- a statement of truth about a known influence or circumstance
542
An appreciation is the mental process, the written plan
records decision making and shows why a certain course of action was decided
543
What is meant by an investigator's working rules?
the knowledge and skills learnt from investigator experience
544
What best describe an investigative mindset?
a principled approach to the way investigators examine material and make appropriate and reasonable decision.
545
describe hypotheses and why you might use it ?
hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry.
546
Match the purpose of the police form to its code1: the police form that records the police opposition to a defendant's bail and the victim's view on their safety2: the police that records the victims request to be notified about the bail, release, escape or absence of the offender3: that records the effect of the crime on the victim and others who have been disadvantaged by the offence4: that provides a record of police contact with the victim and the actions completed5: that records the police referral of the victim to the court victim advisorPol 1060 Pol 392 CSV1 Pol 128 Pol 1065
1: Pol 128 - the police form that records the police opposition to a defendant's bail and the victim's view on their safety2: Pol 1065 - the police that records the victims request to be notified about the bail, release, escape or absence of the offender3: Pol 392 - that records the effect of the crime on the victim and others who have been disadvantaged by the offence4: Pol 1060 - that provides a record of police contact with the victim and the actions completed5: CSV1 - that records the police referral of the victim to the court victim advisor
547
When and why is a CSV1 required?
when there is a victim and the matter will proceed to district court or above because the victim is entitled to specific services at the court
548
What are the two teams in a serious crime investigation?
1. Investigation 2. Support (also known as the Operation Headquarters Team)
549
What are the factors that affect decision making? (there are 3)
- Individual bias - Verification bias - Availability errors
550
Describe Individual bias (It is a factor affecting decision making)
Decision making unconsciously affected by an individual's perceptions of people, places and situations e.g. perceptions based on prejudice, diversity, criminal record
551
Describe Verification bias (It is a factor affecting decision making)
When thinking is channelled towards focusing on making decisions that support a certain point of view, thereby overlooking other alternative lines of enquiry or sources of materiale.g. a witness account that wrongfully ID's an offender.
552
Describe Availability error(It is a factor affecting decision making)
Availability error occurs when a person bases their decisions on material that is vivid and dramatic, emotionally charged, but it may not necessarily reflect the scope of material on which to make a correct decision e.g. focusing on a victim's account and over looking the collection of forensic evidence
553
What are the four steps to the appreciation technique?
1. Aim or objective 2. Factors 3. Courses Open 4. Plan
554
Appreciation technique: Describe Step 1: Aim or objective
A short statement of intent beginning with a verb. (Read page 11)
555
Appreciation technique: Describe Step 2: Factors
A factor is a statement of truth about some known influence or circumstance. (Read page 11)
556
Appreciation technique: Describe Step 3: Courses open
Courses open ate the options you can identify after having assessed the factors and the deductions made from the factors. (Read page 12)
557
Appreciation technique: Describe Step 4: Plan
Select the most appropriate courses for attention and plan the action you can take. (Read page 12)
558
Two forms of written appreciation:
Full appreciation Short appreciation
559
What are the 4 key areas of knowledge, understanding and skills that underpin a good investigation?
- Core legislation - The characteristics of crime - National policies and procedures - Investigative techniques
560
What is a reactive criminal investigation?
Starts with the discovery of a crime
561
What is a proactive criminal investigation?
Starts with information or intelligence analysis indicating that an individual or a group of individuals is engaged in criminal activity
562
Draw the diagram showing the stages of criminal investigations
Found page 15
563
Does material always become evidence?
No
564
Material attrition
total material gathered by an offence > the material gathered by police > material that is admissible as evidence
565
What are the steps to applying the investigative mindset?There are 5 principles.
Principle 1: Understand the source of the material Principle 2: plan and prepare Principle 3: Examine all material Principle 4: Record and collate Principle 5: Evaluate
566
Define hypotheses
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
567
When would a full appreciation be used?
High level or difficult tactical or administrative problems
568
When would a short appreciation be used
Urgent or pressing matters requiring immediate attention
569
What is 'material'?
substance of any kind, including information, sounds, images obtained in the course of a criminal investigation that has some bearing on any offence
570
True or falseMaterial may or may not become evidence
True
571
True or false Material gathered during a course of an investigation always becomes evidence
false
572
What does the investigation team do?Give examples
Physically make enquiries to solve the case Examples: Area Canvass, General Enquiries, Passive Data Generators, suspects and persons of interest
573
What does the support team do?
Provides support resources for the investigation team Help it organise and process the information gathered
574
Practical steps to minimise the need to replace staff must be made early in every operation. If you have leave, court, or other commitments pending, who should you advise?
The 2IC
575
What are the two key tasks of any investigation?
1. Gathering and preserving information 2. Documentation
576
What four things are critical to an investigative mindset?
- Critical thinking - decision making - the appreciation technique - Evaluation
577
What are three uses material can have
information, intelligence, evidence
578
The 2 key tasks of any investigation are
Gathering and preserving evidenceDocumentation
579
Appropriate and accountable decision making is based on knowledge of
The legal frameworkCharacteristics of crimeNational policies and proceedures
580
The 7 parts of making a good decision
Acknowledge a problem existsIdentify, isolate and analyze the problemFormulate an objectiveGather all info to determine how the aim can be achievedDraw up a list of all ways it can be achievedWeigh and study each alternative Prepare plan for putting it in to action
581
What is individual bias
Decision making that is unconsciously effected. Personal perceptions of people, places, situations etc.
582
What is verification bias
Focussed on making decisions that support only a certain point of view and overlooking alternative lines of enquiry
583
Steps in the appreciation technique
Develop and aim or objectiveFactors to consider Courses openDevelop a plan
584
What 4 things are critical to an investigative mindset
Critical thinkingDecision makingAppreciation technique Evaluation
585
What is 'material'
Substance of any kind including information and objects, sounds and images, obtained through investigation that has some bearing on any offence or any person being investigated or on the circumstances of the case
586
Potential sources of material (8)
VictimsWitnessesSuspectsLocationsCCTVPhonesBanksIntelligence databases
587
Most common formats of material
StatementsDocumentsReportsPhysical exhibitsFingerprintsImagesAudio and video recordings
588
Material is generated by an offence. It is dependent on the use to which it is put. Material becomes one of 3 things to an investigator, name them
InformationIntelligence Evidence
589
A hearsay statement is admissible if:
The circumstances relating to the statement provide reasonable assurance the statement was reliableThe maker of the statement is unavailable The judge considers that undue expense or delay would be caused for the maker
590
What is ABC
Assume nothingBelieve nothing Corroborate everything
591
Investigation evaluation is:
What is/isn't knownConflicts All available information
592
Material is split up into 3 parts RRA
RelevanceReliability Admissibility
593
Visual identification evidence
An assertion by a person on what that person saw to the effect that the defendant was present or near , either direct or circumstantially, a commission of an offence that was done at or about the time the act was done
594
When is/isn't visual identification evidence admissible/inadmissible
Followed the formal procedure or a good reason for not followingNo good reason for not following the proceedure
595
7 requirements for formal proceedures
AsapNo fewer than 7 othersNo indication of the suspectMay or may not be among themWritten record to be sworn to be truePictorial record to be sworn and provided to courtComplies with relevant regulations
596
6 good reasons for not following a formal identification procedure
Suspect refuses and police dont hold a current photoSuspect has a singular/unique appearance that can't be disguisedSubstantially changed their appearance No officer involved could have reasonably anticipated id would be an issueAn Id was made soon after the offenceId of suspect was made by a chance meeting
597
Is a suspect required to attend a formal id parade and why?
No. No person charged with an offence can be compelled to attend. They are entitled to have their lawyer present. You can ask for a current photo but they can refuse
598
Initial Action
VictimsAppreciationWitnessesSceneExhibitsIngredientsPowersOffenders
599
Appreciation
A proven method of problem solving. It identifies a question arising from a problem, issue or situation.Can be full, short or written
600
How to do an appreciation
1. Aim - statement of intent 2. Factors - a statement of truth about known influence 3. Courses open - possible ways aim could be achieved 4. Plan - select most appropriate
601
Preserving scene
1. Identify - common approach path, powers, "scene", SITREP2. Secure3. Preserve4. Consider 5. Record
602
Search and Surveillance 116
Securing a place, vehicle or other thing to be searched. Can in a reasonable manner and duration- secure thing, area or items in or on Can exclude persons if will obstruct or hinder
603
POL 265
Deceased person certificate
604
POL 265A
Formal identification form
605
Initial response to body
1. Record and consider marking position2. Record details3. Health risks4. Paper bags on head, feet and hands. Loose tape to secure. Plastic if wet.6. Wrap body in plastic sheet7. Search under body site8. Exhibits
606
File management/disclosure 10,000 series docs
Those where there is no justification to withhold from disclosure under 16, 17 or 18 - FWS, job sheets, transcripts
607
File management/ disclosure 50,000 series docs
Those which may be fully or partially withheld pursuant to 16, 17 or 18 - emails, SW app, CHIS
608
Good charging decision
Adequately reflect nature and extent of criminal conduct and provide court appropriate basis for sentence.
609
Attorney general needs to consent what charges
SOA 20 - false claim of qualificationSOA 20A - unauthorised disclosure of infoFEN 11 - NZ flag offencesFVP 123-129 - restricted and objectionable publications CA 100-105 - bribery and corruption
610
Solicitor General Guideline
All probable offences punishable by 7 yrs + should be included in charge.
611
Good investigative decision
Acknowledge problem AnalyseObjectiveGather data/infoAlternativesPlan
612
Individual bias
Decisions unconsciously affected by personal perceptions
613
Verification bias
No considering alternatives as set on a vertical channel
614
Availability errors
Focussing on what have and ignoring other evidence
615
Investigative mindset
A disciplined approach to gathering, recording, retaining and presenting evidence
616
Hearsay
Admissible if the circumstances relating to the statement provide reasonable assurances that the statement is reliable and the statement maker is unavailable as a witness or judge seems undue expense or delay
617
Statements of opinion
Admissible if opinion is necessary to enable the witness to communicate or the fact finder to understand the witness
618
Expert evidence
Admissible if the face finder is likely to obtain substantial help from the opinion in understanding other evidence
619
Improperly obtained evidence
Balance of probabilities that improperly obtained if any BOR breach, unfairly, inadmissible statement
620
V.R.A 7
Treat with courtesy, compassion and respect
621
V.R.A 8
Access to services such as welfare, health, counselling, medical and legal
622
V.A.R 9
Restorative justice meetings to resolve
623
V.R.A 11
Info about programmes and services
624
V.R.A 12
Info about proceedings
625
V.R.A 13
Limits on duties to give info under 11 and 12
626
V.R.A 14
Info that may be given to a support person
627
V.R.A 15
Rights under privacy act
628
V.R.A 16
Restrictions on disclosing contact details
629
V.R.A 17
About VIS. Defined, purpose and information to be ascertained
630
V.R.A 18
Procedure before ascertaining VIS info. Must be true and recorded
631
V.R.A 20
Statement from another disadvantaged
632
V.R.A 21-26
In relation to VIS:21. For sentence indication22. May be read in court 23. Offender not given to keep24. Return at end except victim, court staff, police, probation or prosecutor25. Can withhold part to protect26. Anything withheld not taken in to account
633
Victim
- offence against- physical or loss or damage from offence - parent or legal guardian of CYP - immediate family of deceased or is incapable due to offence
634
Child vs young person
Child - Under 14 but 18 if giving evidenceYP- over 14 but under 17 (unless married/civil union)
635
VHS
Calculated score based on factors and measures such as seriousness of offences, number of, offender recidivism and repeat crime types. This creates lights of graduated response model
636
VNR
Process set up by agencies to notify victims of specified serious offences who wish to be notified of bail, release and death of defendant or offender 29 offences - sexual or other serious, serious injury, death or incapable, one of another resulting in ongoing fear for theirs or immediate family
637
VNR and VIS and alternate evidence numbers
POL 1065 POL 392POL 2020
638
If witness becomes suspect during interview
Adopt procedures for interviewing suspects including cautioning and visually recording
639
P.E.A.C.E interview phases
Planning and prepEngage and explain Account Closure Evaluation
640
Interview special considerations
Children and elderlyIntoxicatedTraumatised victimsIntellectual disabilities FV/sexual assault victims Communication difficulties
641
ADVOKATES
Amount of timeDistance Visibility Obstruction Known Any reason to remember (distinguishing)Time lapseError or material discrepancySalience
642
Support person for witness
Under 6 of evidence regulations, can be present at interview if in interest of witness and appropriate person. Always consider if 'special' witness 18+Not suspect or witness Won't pervertAvailable reasonable time
643
Ten II principles
1. Interview heart of investigation 2. Aim to discover truth3. Complete, accurate and reliable info 4. Open mind5. Fair6. Questioning can be persistent 7. Special considerations for some 8. Interview in accordance with law9. Care to identify 'special' 10. Sensitive to culture and religion
644
Memory process
Encoding > storage > retrieval
645
What is the decision making reasoning sequence?
Acknowledge - A situation or problem existsIdentify, isolate and analyse - the problem clearlyFormulate a clear objective - ask; what are we aiming to achieveGather information - required to determine how the aim can be achievedList - of all ways to achieve the aimCompare - each alternatives individuallyPlan - to execute
646
What are three factors that can effect decision making?
Individual bias, Verification bias and Availability error
647
What is Individual bias?
When one fails to recognise their unconscious perceptions of people, places or things
648
What is Verification bias?
Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other lines of enquiry
649
What is Availability error?
Basing decisions on vivid, emotionally charged material which may not necessarily reflect the scope of material available to make the correct decision, eg. over focussing on the Victims account and overlooking collection of evidence
650
What are the four steps in the Appreciation technique
Aim/objective, factors, courses open, plan
651
Explain the meaning of 'Aims / Objectives'
An aim or objective is a short statement of intent beginning with a verb
652
Explain the meaning of 'Factors'
A factor is a statement of truth about some known influence or circumstance
653
Give examples of 'Factors'
Seriousness of offence, pattern of incidents/offences, time available, possible suspects, available witnesses, material located to date, policy and procedures in place, known history of the parties, records that can be tapped, the weather at the time
654
Explain the meaning of 'Courses open'
Courses open are the options you can identify after having assessed the factors and the deductions made from the factors.
655
Explain the meaning of 'Plan'
Select the most appropriate courses for attention and plan the action you can take;- It it more than likely that it will be effective?- Is it proportionate? (effort, time, service)- Is it achievable?- Will it pass the SELF test?
656
The investigation process is underpinned by four key areas of knowledge, understanding and skills in?
- Core legislation- Characteristics of crime- National policies and procedures- Investigative techniques
657
What are the stages of criminal investigation?
- Instigation- Initial investigation- Investigative evaluation- Further investigation- Suspect management- Evidential evaluation- Further investigation- Charge- File preparation- Court
658
What is 'Material'?
Material is substance of any kind, including information and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on an offence under investigation or any person being investigated, or on the surrounding circumstances of the case
659
In terms of material, what is 'information'?
Used to identify times, locations, circumstances and numbers involved in the incident
660
In terms of material, what is 'intelligence'?
If it is analysed together with other material to identify people who frequent the area, have similar clothes and are suspected of involvement in similar disturbances
661
In terms of material, what is 'evidence'?
If it is used in court to prove a specific point
662
What are the five principles of the 'Investigative mindset'?
1. Understand the source of material2. Planning and preparation covers making decisions about the collection of material3. Examine all material; interpret by drawing inferences and explaining to others, clarify any inconsistencies or ambiguities, challenge the meaning and reliability of all material gathered4. Record and collate actions taken and to be taken with material5. Evaluation should identify any further action required
663
What is investigative evaluation?
Undertaken to determine;- What is known- What is not known- Consistencies- ConflictsKey differences between investigative and evidential evaluation is that during evaluation 'all available material' is evaluated, even if inadmissible.
664
What is evidential evaluation?
Considers;- The overall strength of the case- Whether sufficient evidence exists against the offender to proceed to chargeWhen carrying out and evidential evaluation, the strength of the case is evaluated only on admissible evidence.
665
What is self/peer evaluation?
Will address;- Review of assumptions and decision making- Records organisation and management- Information communication and dissemination- Lessons learntSelf and peer evaluation is a critical component of the practice of professionals
666
Investigators usually make decisions based on 'working rules'. What is another name for it and how is it developed?
Heuristics. Developed from their on the job learning experience of conducting investigations and from their colleagues
667
What is the Appreciation technique?
It is a cognitive tool commonly used by investigators to take a disciplined approach to their decision making
668
In order for material to be effective it must be?
Relevant, reliable and admissible
669
What is a hypothesis?
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
670
Victims Rights Act 2002, Section 7 - Treatment
Any person who deals with a victim must treat them with courtesy and compassion and respect their dignity and privacy
671
Victims Rights Act 2002, Section 8 - Access
A victim of an offence should have access to services that address their needs, welfare, health, counselling, medical or legal
672
Victims Rights Act 2002, Section 6 - Restorative Justice
If upon the victims wishes, wants to meet with the offender to conduct restorative justice by way of facilitated meeting, Police can arrange to do so
673
Victims Rights Act 2002, Section 11 - Inform of services
Police have an obligation to inform victims of services available to them
674
Victims Rights Act 2002, Section 12 - Inform of process
Victims must be informed of;- Investigation process- Charges laid or reasons for not charging- Victims role as a witness- Steps victim may take to guard identity- Date, time and place of relevant events- Any outcomes of prosecution
675
Victims Rights Act 2002, Section 14 - Support persons
Information can be given to a victims support person if the victim;- Cannot receive it- Is not capable of understanding it alone- Has, in writing, nominated that person
676
Victims Rights Act 2002, Section 20 - Other victims
The prosecutor may, if considered appropriate to do so, treat the following as victims;- Persons disadvantaged by an offence- Persons from whom the effects of the offence has been, or could be, ascertained by or on behalf of the prosecutor
677
Victims Rights Act 2002, Section 25 - Retention of part or all of Victim Impact Statement
A judicial officer may, on his or her own initiative or on an application for the purpose, order that an offender and every lawyer representing the offender, not be given or shown any part of the victim impact statement.
678
Victims Rights Act 2002, Section 29 - Informed of bail conditions
Victims have a right to be informed of offenders bail conditions
679
Victims Rights Act 2002, Section 49 - Complaints
Victims have a right to complain to the IPCA if they feel they have not been afforded their rights
680
Victims Rights Act 2002, Section 51 - Return of property
Victims property seized as evidence must be returned as soon as possible
681
Which document is given to a victim eligible for the VNR?
POL1065
682
A victim is eligible to be put on the Victims Notification Register if they are the victim of?
- Sexual offending- Serious assault- Assault incurring serious injury or death- An offence leading a victim to have ongoing fears for theirs or their families safety
683
A Victim impact statement can only be distributed by?
Prosecutor
684
Can a Victim impact statement be disclosed to an offender?
Yes, only with the Victims consent
685
Who is responsible for informing a S29 victim of release on bail of an accused or offender?
Police
686
Who is responsible for informing a S29 victim of release or escape from prison detention, or of death, of an offender?
Department of Corrections
687
Who is responsible for informing a S29 victim of cessation of, or absconding from, or death during, home detention of offender?
Department of Corrections
688
Who is responsible for informing a S29 victim of decisions on recall orders?
NZ Parole Board
689
Who is responsible for informing a S29 victim of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital (or facility)?
Ministry of Health
690
Who is responsible for informing a S29 victim of the accused or offenders possibility of deportation
Department of Labour
691
What are the ten principles of investigative interviewing?
1. Interviewing is at the heart of investigation2. The aim of the interview is to discover the truth3. Information must be complete, accurate and reliable4. Keep an open mind5. Act fairly6. Questioning can be persistent7. Some witnesses require special consideration8. Interview in accordance with the law9. Care must be taken to identify suspects requiring special consideration10. Be sensitive to cultural background and religious beliefs
692
What are the five stages of the Peace model?
1. Planning and preparing interviews2. Engage and explain3. Account4. Closure5. Evaluation
693
Section 103(3)(a) of the Evidence Act outlines the grounds a judge must consider when deciding upon alternative ways of giving evidence which are?
- Age, maturity- Physical, mental, psychological impairment- Trauma suffered- Fear of intimidation- Nature of proceeding / evidence- Absence or likely absence from NZ
694
Always consider using a support person when the witness?
- Under 18 or elderly- Suffers from disability, disorder or impairment- Is traumatised- Victim of sexual assault- Fears intimidation- Cultural / religious backgrounds may create a barrier
695
Who is a witness?
Witnesses are people who have information about an alleged offence or offender. They may be an eyewitness, present at the event, or someone who can only provide peripheral information
696
What must you do when during an interview a witness becomes a suspect?
Adopt procedures for interviewing suspects. Comply with all legal requirements and record on video. If there is sufficient evidence to charge, the interviewee should be cautioned
697
Chief Justice practice note one states?
Police may ask questions of any person but they must not be compelled to answer
698
Chief Justice practice note two states
Before charging or questioning, caution must be given
699
Chief Justice practice note three states
Questioning may be persistent it must not amount to cross-examination
700
Chief Justice practice note four states
When a person is questioned about other evidence, the nature of the evidence must be fairly explained
701
Chief Justice practice note five states
Video recording should always be the preferred method and the interviewee must be given the chance to have the interview played back to them
702
The Bill of Rights Act 1990, Section 22 - Arbitrary detention
Arbitrary detention is when you arrest or detain a person and;- You do not have a legislative power to- The arrest or detention is unreasonable or unnecessary in this particular case, or while the initial detention was appropriate, the detention continued for an unnecessarily long time
703
Crimes Act powers of arrest come from what section?
Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed
704
Summary Offences Act powers of arrest come from what section?
Section 39 - Good cause to suspect
705
Land Transport Act powers of arrest come from what section?
Section 116(1) - Failure to comply with directions under Section 113 or Section 115Section 120(1) - Suspect a driver has committed an offence under Sections 58-62 of the Land Transport Act 1998
706
Arms Act powers of arrest come from what section?
Section 40 - Person in possession of a firearm refuses/fails to give correct details
707
Domestic Violence Act powers of arrest come from what section?
Section 50 - Person suspected of breaching protection order
708
A special consideration witness may be described as 'vulnerable'. Vulnerable means?
Susceptible, defenceless, in a weak position
709
When deciding whether to commence prosecution. What test needs to be applied?
The evidential test and the public interest test
710
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and...
The court is provided with an appropriate basis for sentence
711
The Bill of Rights Act 1990, Section 22 - Arbitrary detention
Arbitrary detention is when you arrest or detain a person and;- You do not have a legislative power to- The arrest or detention is unreasonable or unnecessary in this particular case, or while the initial detention was appropriate, the detention continued for an unnecessarily long time
712
Crimes Act powers of arrest come from what section?
Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed
713
Summary Offences Act powers of arrest come from what section?
Section 39 - Good cause to suspect
714
Land Transport Act powers of arrest come from what section?
Section 116(1) - Failure to comply with directions under Section 113 or Section 115Section 120(1) - Suspect a driver has committed an offence under Sections 58-62 of the Land Transport Act 1998
715
Arms Act powers of arrest come from what section?
Section 40 - Person in possession of a firearm refuses/fails to give correct details
716
Domestic Violence Act powers of arrest come from what section?
Section 50 - Person suspected of breaching protection order
717
A special consideration witness may be described as 'vulnerable'. Vulnerable means?
Susceptible, defenceless, in a weak position
718
When deciding whether to commence prosecution. What test needs to be applied?
The evidential test and the public interest test
719
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and...
The court is provided with an appropriate basis for sentence
720
Appropriate and accountable decision making is based on an investigator’s knowledge of...(3)
- the legal framework- characteristics of crime- national policies and procedures
721
List three factors that may adversely affect the quality of decision making.
- individual bias- verification bias- availability error
722
List the four steps of the appreciation technique.
1. Aim or objective2. Factors3. Courses open4. Plan
723
What is the difference between investigative and evidential evaluation of material gathered during an investigation?
In an investigative evaluation ALL AVAILABLE MATERIAL is evaluated. In an evidential evaluation ONLY THE EVIDENTIALLY ADMISSIBLE MATERIAL is taken into account.
724
What are the two forms of written appreciation?
Full appreciation and short appreciation
725
A written appreciation provides ... and shows ...
a record of decision making ... why a certain course of action was taken.
726
What are the four key words used in the Victims Rights Act to describe the way in which victims should be treated?
courtesy, compassion, dignity, privacy
727
Who can show a victim impact statement to an offender?
A prosecutor, lawyer for an offender, the victim concerned or someone acting under the authority of the victim
728
Victim's Rights Act 2002, s24(1) states that every person who receives or makes a copy or copies of a victim impact statement during proceedings must return the copy after the end of proceedings. Who does this NOT apply to?
the victim, member of court staff, police employee, probation officer, prosecutor, anyone else the judicial officer orders
729
A victim is...(4)
- person against whom offence is committed- another person who suffers physical injury, loss of or damage to property- parent or legal guardian of above- member of immediate family of a person who as a result of offence dies or is incapable
730
Define:- 'child' in Victim's Rights Act - 'young person' in Victim's Rights Act- 'child' in Evidence Act (relating to witnesses giving evidence)- 'child' in CYPFS Act- 'young person' in CYPFS Act
- boy or girl under 14yrs- boy or girl over 14 and under 17yrs (ie. 15, 16yr olds)- person under 18yrs- under 14yrs- over 14 and under 17yrs (except married or civil union)
731
Only victims of s29 offences can go on the VNR (victim notification register). The offence must be:
- sexual or other serious assault- one that resulsts in serious injury, death, or persons being incapable, or- led to victim having ongoing fears on reasonable grounds for physical safety/security for them or immediate family
732
Which section of the Evidence Act 2006 gives direction on the grounds on which evidence may be given in an alternative way?
s103
733
According to the practice note on police questioning, a member of police investigating an offence may ask questions of whom?
any person from whom it is thought that useful information may be obtained, whether or not that person is a suspect
734
According to the practice note on police questioning, when must a member of police caution a person before inviting them to answer questions or make a statement?
When there is sufficient evidence to charge or when questioning them in custody.
735
What does TENR stand for?
Threat, Exposure, Necessity, Response
736
S7, Search and Surveillance Act enables you to...
Enter a place or vehicle without warrant, by force if necessary, to search for and arrest a person if you have RGTS a person is unlawfully at large and RGTB that the person is there.
737
S8, Search and Surveillance enables you to...
Enter a place or vehicle without warrant and search for and arrest a person you SUSPECT has committed an offence PUNISHABLE BY IMPRISONMENT, and BELIEVE is there, and BELIEVE that if entry is not affected immediately EITHER OR BOTH of the following MAY occur: person will leave to avoid arrest, evidential material CADD.
738
S9, Search and Surveillance enables you to...
Stop a vehicle without warrant to arrest a person you have RGTB is in/on vehicle and you suspect is unlawfully at large OR has committed offence punishable by imprisonment.
739
You've stopped a vehicle under s9, Search and Surveillance Act. Which section allows you to search it?
s10
740
You've arrested a person and have RGTB that evidential material relating to offence is at a place AND if entry delayed then CADD. Where does your power to enter and search come from?Who can do it?
- s83, S&S Act- ONLY arresting officer
741
You've arrested a person and have RGTB that evidential material relating to offence is in vehicle. Where does your power to enter and search vehicle come from? Who can exercise this power?
- s84, S&S Act- ONLY arresting officer
742
What does s131, S&S Act REQUIRE you to do when you exercise power to enter and search a place/vehicle?
- announce intention- identify- provide evidence of authority
743
What four reasons satisfy s214, CYPF Act?
Witness protectionEvidence protectionEnsure appearance before CourtPrevent further offending
744
What are the two steps required by the Solicitor-General's Prosecution Guidelines to make a determination as to whether to commence prosecution?
- The evidential test- The public interest test
745
List five factors to consider as part of the 'public interest test'.
- seriousness of offence- likely penalty upon conviction- circumstances of defendant- likelihood of offence being continued/repeated- circumstances of victim
746
What is a good charging decision?
When the charges adequately reflect the nature and extent of criminal conduct and provide court with appropriate basis for sentence.
747
What is the key phrase in the 'evidential test'?
reasonable prospect of conviction
748
Appropriate and accountable decision making is based on an investigators knowledge of: (3)
. the legal framework. characteristics of crime. national policies and procedures.
749
Three factors that may adversely affect the quality of decision making:
. individual bias. verification bias. availability error.
750
Four steps of the appreciation technique:
. aim or objective. factors. courses open. plan.
751
What is the difference between investigative and evidential evaluation of material gathered during an investigation?
. in an investigative evaluation ALL AVAILABLE MATERIAL is evaluated. in an evidential evaluation ONLY THE EVIDENTIALLY ADMISSIBLE MATERIAL is taken into account.
752
What are the two forms of written appreciation?
. full appreciation. short appreciation.
753
A written appreciation provides ...... and shows ......
. a record of decision making. why a certain course of action was taken.
754
What are the four key works used in the Victims Rights Act to describe the way in which victims should be treated?
. compassion. courtesy. dignity. privacy.
755
Who can show a victim impact statement to an offender?
. a prosecutor. lawyer for an offender. victim concerned. someone acting under the authority of the victim.
756
Victims Rights Act 2002, s24(1) states that every person who received or makes a copy or copies of a victim impact statement during proceedings must return the copy after the end of proceedings. Who does this NOT apply to?
. the victim. a member of court staff. police employee. prosecutor. anyone else the judicial officer orders.
757
A victim is:
. a person against whom offence is committed. another person who suffers physical injury, loss or damage to property. parent or legal guardian of above. member of immediate family of a person who as a result of offence dies or is incapable.
758
Child in Victims Rights Act:
. boy or girl under 14 years.
759
Young person in Victims Rights Act:
. boy or girl over 14 and under 17 years (15, 16 year olds).
760
Child in Evidence Act:
. person under 18 years.
761
Child in CYPFS Act:
. under 14 years.
762
Young person in CYPFS Act:
Over 14 years and under 17 years (except married or civil union).
763
Only victims of s29 offences can on on the VNR (Victims Notification Register). The offence must be:
. sexual or serious assault. one that results in serious injury, death or persons being incapable. led to victim having ongoing fears on reasonable grounds for physical safety/security for them or immediate family.
764
Which section of the Evidence Act 2006 gives you direction on the grounds on which evidence may be given in an alternative way?
.s103.
765
According to the practice note on police questioning, a member of police investigating an offence may ask questions of whom?
. any person from whom it is thought that useful information may be obtained, whether or not that person is a suspect.
766
According to the police practice not on police questioning, when must a member of police caution a person before inviting them to answer any questions or make a statement?
. when there is sufficient evidence to charge. when questioning them in custody.
767
What does TENR stand for?
. threat. exposure. necessity. response.
768
s7, Search and Surveillance Act enables you to:
. enter a place or vehicle without warrant, by force if necessary, to search for and arrest a person if you have RGTS a person is unlawfully at large and RGTB that the person is there.
769
s8, Search and Surveillance Act enables you to:
. enter a place or vehicle without warrant and search for and arrest a person you SUSPECT has committed an offence PUNISHABLE BY IMPRISONMENT, and BELIEVE is there, and BELIEVE that if entry is not affected immediately EITHER OR BOTH of the following MAY occur - person will leave to avoid arrest, evidential material will be concealed, altered, damaged or destroyed (CADD).
770
s9, Search and Surveillance Act enables you to:
. stop a vehicle without warrant to arrest a person you have RGTB is in/on vehicle and you suspect is unlawfully at large OR has committed an offence punishable by imprisonment.
771
You've stopped a vehicle under s9, Search and Surveillance Act. Which section allows you to search it?
.s10.
772
You've arrested a person and have RGTB that evidential material relating to the offence is at a place AND if entry is delayed then CADD. Where does your power to enter and search come from? Who can do it?
. s83, Search and Surveillance Act. only arresting officer.
773
You've arrested a person and have RGTB that evidential material relating to the offence is in a vehicle. Where does your power to enter and search the vehicle come from? Who can do it?
. s84, Search and Surveillance Act. only arresting officer.
774
What does s131, Search and Surveillance Act REQUIRE you to do when you search a place or vehicle?
. announce intention. identify. provide evidence of authority.
775
What four reasons satisfy s214, CYPF Act?
. witness protection. evidence protection. ensures appearance before court. prevent further offending.
776
What are the two steps required by the Solicitor-Generals Guidelines to make a determination as to whether commence prosecution?
. evidential test. public interest test.
777
Five factors to consider as part of the 'public interest test':
. seriousness of offence. likely penalty upon conviction. circumstances of defendant. likelihood of offence being continued/repeated. circumstances of victim.
778
What is a good charging decision?
. when the charges adequately reflect the nature and extent of criminal conduct and provide court with appropriate basis for sentence.
779
What is the key phrase in the 'evidential test'
. Reasonable prospect of conviction.
780
Full appreciation:
. A lengthy plan that is done for difficult or complex problems.
781
Short appreciation:
. More likely to be a brief list of bullet points on a notebook page and done for urgent or less complicated problems.
782
An appreciation is the mental process, the written plan......
. records decision making and shows why a certain course of action was decided.
783
Working rules:
. the knowledge and skills learnt from investigator experience.
784
Hypothesis and why you use them:
. hypothesis suggest explanations for a group of facts. They can be used to generate lines of enquiry.
785
In the appreciation technique, what is a factor?
A statement of truth about a known circumstance or influence.
786
Statement that best describes investigative mindset:
. a principled approach to the way investigators examine material and make appropriate and reasonable decisions.
787
For any investigation you should aim to collect what?
. the maximum amount of material and examine for its use.
788
Police must inform victims what?
. they are entitled to access to welfare, health, medical or legal services.
789
If not subject to orders or restrictions, can a VIS be distributed?
. yes.
790
A victim of a s29 offence should be advised of their right to be on a VNR......
. at the time of the offenders arrest.
791
One of the principles laid down in the Victims Rights Act 2002 guides access to services for Victims. In this respect Police must inform Victims that:
They are entitled access to welfare, health, medical or legal services.
792
When and why is a CSV1 required?
When there is a victim and the matter will proceed to court because the victim is entitled to specific services at the court.
793
If not subjected to any orders or restrictions, a Victim Impact Statement can be distributed to the Defence Counsel prior to the sentencing hearing.
True.
794
The Police form that records the victims request to be notified about the bail/release/escape or absence of the offender/defendant:
POL1065.
795
The Police form that records the effects of the crime on the Victim and others who have been disadvantaged by the offence:
POL392 (Victim Impact Statement).
796
The Police form that records the Police referral of the victim to the Court Victim Adviser:
CSV1.
797
The Police form that provides a record of Police contact with the victim and the actions completed:
POL1060.
798
The Police form that records the Police opposition to a defendant's bail and the Victims views on their safety.
POL128.
799
What must be ascertained early in an initial interview with a victim who has been assaulted?
The safety of the victim and the seriousness of the offence.
800
Who is responsible for ensuring a victim of a Section 29 offence is given the POL1065 and sufficient information and assistance to complete it?
Responsibility rests with the O/C case who arrests and charges the offender with the s29 offence.
801
The intent of the POL1060 form is to provide:
Record of Police action for the on-going physical and emotional safety of a victim.
802
What are the responsibilities to the victim when a Section 29 suspect is released on bail?
Police must advise all victims, as soon as practicable, of the outcome and conditions of any bail application.
803
When Police are called to a complaint about a prowler and the complainant is an older person or a woman and children living on their own, Police must make a referral to Victim Support.
True.
804
When must a victim of a Section 29 offence be advised of their right to be on the Victim Notification System (VNR)?
At the time of the offenders arrest (if practicable).
805
When a victim is identified, their Victim Impact Statement must be taken when the offender is due in court for sentencing:
False.
806
Victim Impact Statements cannot be disclosed to offenders under the Privacy Act 1993 (without the victims consent).When the victim gives their consent the Victim Impact Statement:1) Can only be distributed by prosecutors.2) Is not to be retained by the offender.3) Can be given to the defence prior to the sentence hearing.
1) True - In relation to Police staff.2) True - Unless the victim gives consent.3) True - And they must return it to court.
807
Victims Rights Act 2002 Section 29 offences are defined as:
Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victim having fears for their safety or the safety of their family.
808
How can Police ascertain if a victim of a Section 29 offence has been registered on the Victims Notification Register?
Query the Notifications database on the National Bulletin Board.
809
The definition of a victim may include members of the family or parents of a person charged with, convicted of, or has plead guilty to an offence.
False.
810
In any incident where the victim is obviously distressed Police must provide a victim with support and/or refer them to an agency that will provide supports.
True.
811
Shane (15 years) witnessed his father beat his mother causing her serious physical injuries. At interview it was apparent Shane's evidence supports his fathers prosecution but Shane is reluctant to give evidence in court.What are the O/C case responsibilities in the given circumstances?1) Provide a report to the prosecutor outlining the information for Shane to give his evidence in an alternative way.2) Convince Shane of the importance of his evidence and gather his view on giving his evidence in an alternative way.3) Convince Shane of the importance of his evidence and assure him that he will be safe when standing up in court.
1) True.2) True.3) False.
812
Joan was asleep in bed when Rex broke into her house and sexually assaulted her. Rex was arrested and charged with the assaults on Joan and has been remanded in custody where he is awaiting another bail hearing.The O/C informed Joan of the VNR and the rights the VNR gives her, but Joan decided she needed time to think about what she would doUnder Sections 29 and 30 of the Victims Rights Act 2002, what are the O/C's obligations to Joan now?
Given Joan the POL1065, update the POL1060 and seek her views on bail to relay to the court.
813
The O/C case is responsible for ensuring a Victim Impact Statement/audio tape or video file is held in the case file ready for the prosecution to produce in court at the time of sentencing:
True.
814
A Victim Impact Statement may contain the Victims comments about an offender, or prior knowledge they may have about that offender, or their opinion about the possible sentence the offender should receive.
False.
815
Prior to gathering information from the victim for the preparation of their statement the O/C case must explain how the statement will be used and gain the victims approval for disclosure or distribution of their statement.
True.
816
Being on the notification register (VNR) means the victim will be notified:
By the agency where the offender is held of any information concerning changes to the offenders bail, release, parole, escape or death.
817
If a special consideration witness refuses to be interviewed but is happy to talk informally about an event, you may still discuss the offence details with them and continue to question them to clarify information.
True.
818
A witness who is reluctant to give information that will incriminate a friend should be advised of the possible consequences of their withholding information.
False.
819
If a witness becomes a suspect during an interview, then the interviewer should:
Caution, shift to procedures for interviewing suspects and ensure the interview is visually recorded.
820
A compliant witness is one who always provides good information to assist the investigation.
False.
821
When a witness refuses to talk with you or to be interviewed, then that is their right. You should make a notebook or job sheet record of their reasons for refusing and your opinion on why they refused.
True.
822
When there are multiple witnessed to a serious incident/offence the investigator should:
Separate the witnesses, conduct a brief initial interview with each and gather witness details.
823
You should not obtain a written statement from a witness of doubtful reliability as their statement will more than likely be inadmissible.
False.
824
When planning an interview with a special consideration witness (vulnerable) the investigator should:
Consult a supervisor to make decisions about the interview.
825
When you are interviewing a witness about a serious incident and the witness requires an interpreter you should:1) Visually record the interview.2) Avoid using an interpreter who knows the witness.3) Discuss the aim and objectives of the interviewer with the interpreter.4) Use your interview notes to write the statement in English.5) Allow the interpreter unsupervised time with the witness.
1) True.2) True.3) True.4) True.5) False.
826
Should a person who is intoxicated at interview be treated as a special consideration witness?
Yes because their ability to give accurate information is affected.
827
A special consideration witness is one who:
Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily.
828
In general, should an investigator regard a child or youth under the age of 18 years a special consideration witness?
Yes, because their age and maturity level may mean they are vulnerable in an interview situation.
829
The role of an interview support person for a special consideration witness is to:
Ensure their well-being and support their understanding of what is happening.
830
A special consideration witness may be described as vulnerable, vulnerable means:
Susceptible, defenceless, in a weak position.
831
In the engage and explain phase of an interviewer with a witness who is fearful or distressed about the consequences of making a statement you should:
Consider their concerns, assess their reasons, discuss with your supervisor if a visually recorded interview is required.
832
When faced with charges of misappropriating his elderly clients funds, a rural solicitor indicates his willingness to enter a guilty plea and his intention to repay monies in full. He is a first time offender.What public interest factors support prosecution in this case?1) The review of the defendant's professional status.2) The extent to which the victims are affected.3) The defendant's position of trust in the circumstances.4) The offender of reparation requires prosecution support.
1) True.2) True.3) True.4) True.
833
When deciding whether to commence prosecution by laying charges, which of the following tests must be applied?
The evidential test and the public interest test.
834
Under the Crown Law Prosecution Guidelines 2010:When the admissible evidence is sufficient to provide a reasonable prospect of a conviction then Police must:
Apply the public interest test to determine if a prosecution is required.
835
1) Arbitrary detention occurs when the arrest or detention is reasonable in the particular case.2) You may only detain a person under certain enactments.3) Arrest is a form of arbitrary detention.4) Detained person need not be cautioned.
1) False.2) True.3) False.4) True.5) False.
836
Property taken from a person who is arrested or lawfully detained:
May be retained by the custody officer if, in their opinion, the person arrested will be remanded in custody in another facility and therefore has lost their right to retain the property.May be retained by the custody officer if, in their opinion, its possession may constitute an offence or it may need to be given in evidence in proceedings arising out of a charge.
837
1) Although the power of arrest is discretionary, the decision to arrest in a family violence situation is clearly directed in policy.2) You should not arrest a person if you are unable to justify that their arrest is necessary for justice to be served or for reasons of safety.3) You must arrest a person if it is clear they have committed an offence and you have sufficient evidence to charge them.4) Any Police officer can execute an arrest warrant providing they confirm that the warrant is valid and they confirm the persons identity.
1) True.2) True.3) False.4) True.
838
A factor to consider when deciding to arrest is:1) If it is likely the suspect will warn accomplices or abscond.2) If it is likely that the person will commit further offences.3) if there is a need to safeguard an offenders safety and interests.4) If the offenders liberty means the safety of others is at risk.
1) True.2) True.3) True.4) True.
839
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and.....
The court is provided with an appropriate basis for sentence.
840
The consequences of arbitrarily detaining a person may be that:1) The case against the person could be dismissed by the court.2) Any statement made by the person is inadmissible in court.3) The arresting officer or detaining officer could be liable to civil litigation.4) The officer must face an inquiry under the Police Code of Conduct.
1) True.2) True.3) True.4) True.
841
For a serious crime investigation there are two team, what are they?
The investigation team and the support team.
842
What does the investigation team do?
Physically make enquiries to solve the case.
843
What are the phases and investigation is divided into for the investigation team?
Area Canvas, General Enquiries, Passive Data Generators, and Suspects and person of interest.
844
What does the support team do?
Provides support resources for the investigation team, to help organise and process the information gathered.
845
What are the two key tasks of an investigator?
1. Gathering and preserving evidence, and2. Documentation.
846
Investigators have to have good decision making. Appropriate and accountable decision making is based on an investigators knowledge of what?
- The legal framework- Characteristics of crime- National policies and procedures
847
Good decisions are based on a 7 step sequence, what is step 1?
Acknowledge there is a situation or problem that exists in which it is necessary to make a decision. Ask:- What is the problem here or what will be the problem soon?
848
Good decisions are based on a 7 step sequence, what is step 2?
Identify, isolate, and analyse the problem clearly. Ask:- What do I think the problem is?- Can I state it clearly to define it to others?- What do I already know about it?
849
Good decisions are based on a 7 step sequence, what is step 3?
Formulate a clear objective. Ask:- What are we aiming to achieve?
850
Good decisions are based on a 7 step sequence, what is step 4?
Gather all the data and information required to determine the ways in which the aim might be achieved.
851
Good decisions are based on a 7 step sequence, what is step 5?
Draw up a list, based on the information, of all the possible ways in which the aim might be achieved.
852
Good decisions are based on a 7 step sequence, what is step 6?
Weigh and study each of the alternatives individually. Ask:- What are the possible results or consequences of each alternative?- What is the most appropriate means for reaching the objective?- What are the best alternatives?
853
Good decisions are based on a 7 step sequence, what is step 7?
Prepare a plan for putting the selected course into action.
854
There are some factors an investigator needs to take into account which can affect their decision making, what are these factors?
- Individual Bias- Verification Bias- Availability Bias
855
What is Individual bias?
When an individual is unconsciously affected by their perceptions of people, places, or situations. When an individual fails to recognise the effect of their perceptions on their thinking and decision making, e.g. prejudice, diversity, criminal record.
856
What is Verification bias?
Verification bias occurs when thinking is channelled towards focusing on decision that support a certain point of view, thereby overlooking other alternative lines of enquiry or sources of material, e.g. a witness account that wrongfully identifies an offender.
857
What is Availability bias?
Availability errors occur when a person bases their decision making on material that is vivid and dramatic, emotionally charged, but it may not reflect the scope of the material available on which to make a correct decision, e.g. focusing on a victim's account and overlooking the collection of forensic evidence.
858
The Appreciation technique is a cognitive tool for an investigator to take a disciplined approach to decision making. There are 4 steps to make an appreciation, what is step 1?
The Aim.The aim or objective is a short statement of intent beginning with a verb. It should express your aim/objective clearly, concisely and in definite terms. It should be brief, to the point and there must be only one aim/objective, e.g. "To safely execute a search warrant at 123 Fake street" or "Solve the serious assault at 45 Fake Street" etc.
859
What is step 2 of the appreciation technique?
Factors.A factor is a statement of truth about some known influence or circumstance.Identify and consider the factors that will affect your aim or objective.Examine all the information you have regarding the situation or problem. This step in the process is a risk assessment.Identify what must be done to reduce risk and identify the resources you will require.
860
What are some of the possible factors you should consider?
Factors that often need to be considered in an investigation are:- the time available- possible suspects- available witnesses- material located to date- policy and procedure required- know history of the parties- records that can be tapped- the weather at the time
861
What should you do when you have listed all your factors?
With each factor ask yourself "So what?" i.e. what are the implications of that fact? Asking "So what?" repeatedly helps to extract all important information implied by a fact.Keep asking that question until all possible inferences are drawn.
862
What is step 3 of the appreciation technique?
Courses open.Courses open are the options you can identify after having assessed the factors and the deductions made from those factors.There may be many courses open in any given situation, and each course must be carefully examined and evaluated.Having examined and evaluated all the available options, each course of action must be critically examined before deciding on the most appropriate course to take to achieve the "Aim".
863
What is step 4 of the appreciation technique?
Plan.Select the most appropriate courses for attention and plan the action you can take.Review your plan by assessing:- Is it more then likely to be effective?- Is is proportionate? (Effort, time, resource)- Is it achievable?- Will it pass the SELF test?
864
There are two written forms of an appreciation, what are they?
- Full appreciation- Short appreciation
865
What is a full appreciation?
A full appreciation is most often for high-level or difficult tactical or administrative problems.
866
What is a short appreciation?
A short appreciation is used for urgent or pressing problems requiring immediate action.The short appreciation is also helpful for non-urgent problems that are not complicated or complex.
867
Why should you complete a written appreciation?
A written appreciation provides a record of decision making and shows why a certain course of action was taken. A written appreciation should be completed when:- There are several points to be considered and there is a danger of points being overlooked if they are not written down.- A clear picture of the situation is desired to present a logical argument that will carry conviction to a higher authority.
868
When carrying out a short appreciation what should you write down?
In the short note form, a written appreciation need only contain sufficient detail to ensure all relevant deductions may be made from it. Therefore, the amount that is written is the result of balancing the need for brevity with the requirement to include all the data pertinent to the problem, i.e. write down key words and details to show all possible deductions have been made.
869
An investigative mindset means you take a disciplined approach to gathering, recording, retaining and presenting evidence. Critical to an investigative mindset is your ability to exercise what?
- Critical thinking- Decision making- The appreciation technique- EvaluationUse an investigative mindset throughout all stages of an investigation.
870
The investigative mindset is an attitude or state of mind that investigators adopt and develop over time. What are some of the core values that an investigative mindset should have?
Respect, integrity, and professionalism are inherent in the investigative mindset.
871
To develop an investigators mindset, you must have both theoretical and experiential knowledge. You understand that investigation is a process underpinned by four key areas of knowledge, understanding and skills. What are the four areas?
- Core legislation- The characteristics of crime (nature of crime and criminal behaviour)- National policies and procedures- Investigative techniques.
872
There are two methods of criminal investigation: reactive and proactive. Their main difference is how they start with ether the discover of a crime or intelligence indicating that an individual or group is engaged in criminal activity. The stages of a criminal investigation are consistent over the two methods. What are the steps?
- Instigation- Initial investigation- Investigation evaluation. Which will lead to no further investigation, further investigation, or:- Suspect management- Evidential evaluation. Which will lead to no charge, further investigation, or:- Charge- File preperation- Court
873
When carrying out a criminal investigation we talk about gathering material. What is material and what are some examples?
Material is a substance of any kind, including information, objects, sounds and images obtained in the course of a criminal investigation that has some bearing on any offence under investigation or any person being investigated, or on the surrounding circumstances.Material may or may not become evidence.
874
There are a number of potential sources from which material is gathered, what are some of the sources?
- Victims- Witnesses- Suspects- Locations, including scenes of crime and the victim's or suspect's premises- CCTV recordings, telephone records, banking and credit card records, intelligence databases.
875
In practice the most common forms of material are what?
- Statements- Documents- Reports- Physical exhibits such as weapons, clothing, stolen goods and biological or chemical material- Fingerprints- Images- Audio or video recordings.
876
When gathering material from an investigation the aim is to gather as much admissible evidence as possible but not all material gathered will be in some cases. What three categories does gather material get put into?
- Information- Intelligence- Evidential
877
When considering admissibility of evidence with regards to Part 2 of the Evidence Act 2006, what types of evidence does this cover?
- Hearsay- Statements of opinion- Expert evidence- Improperly obtained material
878
When gathering material why is important to gather all types of material even when it might not be admissible as evidence?
Material that is not admissible evidence may be highly valuable to assist the investigation. Such material may assist with the investigation activities or for generating lines of enquiry that may produce other relevant, reliable and admissible material and should always be gathered.
879
It is essential that material that can be gathered is obtained as early as possible, and that clear objectives are set for retrieving the material from the source in the best way possible. Why is this?
To maximise its quality and to avoid contamination.
880
What are the sources of material you should consider when starting a routine inquiry?
- Re-interview the witness/complainant- Information sources - NIA, Intel office- Local and government agencies- Private businesses- Scene examination.
881
With complex, prolonged or difficult cases you must produce a written plan with clear objectives for collecting and preserving any additional material as the investigation proceeds. Your planning and preparation should identify what?
- Collection of material will be maximised- Legal, policy and procedure requirements are addressed- Specialist technical equipment or expertise is used- Most appropriate location to conduct the collection is prepared, e.g. interviewing suite, search warrant, Intel office.
882
Each source of material must be closely scrutinised. Therefore, as part of the collection process you must ensure what?
- Immediate action is taken in relation to the quality and preservation of material- Its reliability is tested at the earliest oportunity- Relevant records are made- The material is appropriately stored.
883
Material examination is usually divided into three areas, what are the three areas?
- Interpret- Clarify- ChallengeThe extent to which any area is relevant to a particular examination is determined by the material source and its characteristics.
884
With reference to material examination, what does interpret mean?
When material is examined an investigator interprets and draws inferences or logical conclusions about its potential use in the investigation. The more material gathered about a crime, the easier it is to draw inferences about the contribution a source can make to the investigation.
885
With reference to material examination, what does clarify mean?
Clarification involves identifying, explaining and understanding any inconsistencies or ambiguities the material contains. This may involve testing it against other material gathered or identifying actions to acquire further material to clarify it.
886
With reference to material examination, what does challenge mean?
Sources of material at first appearing to be reliable can be wrong, and material appearing to indicate one thing can later be found to support a totally different interpretation.Therefore, you must continually challenge both the meaning and the reliability of any material gathered. Treat all material as possibly being wrong or to regard it as potentially misleading.
887
When challenging material what does the acronym ABC mean?
A - Assume nothingB - Believe nothingC - Corroborate everything
888
Following the examination of a source of material, decisions must be made about what?
- Examination records needed- Storage required- Security- Access- Conditions to be addressed for disclosure.
889
Evaluation should identify any immediate actions that need to be taken in relation to the source or the material that was gathered from it. These include what?
- Actions to test the reliability of the source or the material gathered from it, or,- Any fast track actions that may be needed to secure other material.
890
Applying the investigative mindset to the collection of material ensures what?
- The maximum amount of material is gathered- Its reliability is tested at the earliest opportunity- Immediate action is taken in relation to it- Relevant records are made- The material is appropriately stored- Logical deductions are made.
891
What are the three types of formal evaluation in an investigative mindset?
- Investigative evaluation- Evidential evaluation- Self and peer evaluation
892
Investigative evaluation is undertake to determine what?
- What is known- What is not known- Consistencies- Conflicts
893
Evidential evaluation considers what?
- The overall strength of the case- Whether sufficient evidence exists against the offender to proceed to charge.
894
Self/Peer evaluation is done to address what?
- Review of assumptions and decision making- Records organisation and management- Information communication and dissemination- Lessons learnt
895
Visual identification evidence means evidence that is what?
- An assertion by a person, based wholly or partly on what that person saw, to the effect that a defendant was present at or near the place where an act constituting direct or circumstantial evidence of the commission of an offence was done at, or about, the time the act was done, or,- An account (whether oral or in writing) of an assertion of the kind described above.
896
What are the formal visual identification procedures?
- ID parade- Photo line-ups
897
What are the seven requirements for formal visual identification procedure?
- It occurs as soon as practicable after the offence is reported.- The suspect is compared to no fewer than seven others, who are similar in appearance to the person to be identified.- No indication is made to the person making the identification about who among the people in the procedure is the suspect.- The person making the identification is informed that the suspect may or may not be among the people in the procedure.- A written record of the procedure followed is sworn to be true and completed by the officer who conducted the procedure, and is provided in court to the judge and defendant.- A pictorial record of what the person making the identification looked at is prepared and certified to be true and completed by the officer who conducted the procedure, and is provided in court to the judge and defendant.- The procedure complies with any relevant regulations.
898
What are the six good reasons for not following a formal visual identification procedure?
- The suspect refuses to take part in a formal procedure and Police do not already hold a photograph or video that shows a true likeness of the suspect.- The suspect has a singular appearance (it cannot be disguised to make it similar to those the suspect would be compared to).- The suspect has substantially changed their appearance after the offence occurred and before it was practical to hold a formal procedure.- No officer involved in the investigation or the prosecution of the offence could have reasonably anticipated identification would be an issue at the trial.- An identification of the suspect was made to an officer soon after the offence was reported and in the course of the initial investigation.- An identification of the suspect was made to an officer after a chance meeting between the person who made the identification and the suspect.
899
What should you do if you wish to carry out a photo line up but do not have a photograph of the suspect?
Request that the suspect allow you to take their photograph.
900
What should you do if a suspect refused to have their photograph taken for formal identification, and there are no current photographs?
Document the refusal and make a note on the file for the reason as to why no formal identification procedure was followed.
901
Before conducting an identification parade you must select other participants, what are four rules to follow when selecting them?
- There must be at least seven other participants- They must be of the same race as the suspect- They must be of similar age, height, general appearance and social grouping as the suspect- They must not be a police employee
902
When conducting an an identification parade you must advise the suspect of what?
- They are entitled to refuse to take part in the parade- They are entitled to have a solicitor present- The parade will, where practicable, be photographed
903
When conducting an an identification parade the witness must not be what?
- Allowed to see the suspect before they are placed in the parade- Influenced by any opinion, or written or verbal description, from police- Asked any leading questions that would draw their attention to any distinctive physical characteristic of the suspect.
904
What should you do if the witness does not feel able to face the participants directly?
Use a one-way glass viewing facility where available
905
When conducting an an identification parade ask the participants to stand about one meter apart, what else can you ask them to do to assist the witness?
- Wear or remove their hats- Speak- Walk individually
906
You must ensure that a pictorial record is taken of the parade and that the venue has good light, what should you tell the participants about this?
Tell them the reason as to why the photograph is being taken and assure them that the negatives and prints will be adequately secured and destroyed when no longer required.
907
When conducting an an identification parade what must you ask the suspect?
- If they object to any of the participants or the way they are arranged- Invite them to stand where they wish and change position after each witness has viewed the parade.
908
When conducting an an identification parade there are five things you must do with the witness, what are they?
- Tell them the person they are about to identify may or may not be in the parade- Told not to hurry, to take their time- Accompanied along the parade by the O/C parade- Brought in one by one and asked to stand in front of, and point to, the person they identify- Prevent from communicating with waiting witnesses when they leave
909
In some cases a witness will not make a positive identification or will pick someone other than the suspect, what should you do if this happens?
Ensure that the indication is recorded.
910
The O/C parade has three steps to complete once the ID parade is done, what is step 1?
Make a written record detailing the procedure used, the time date and place, and the name of the witness.This must be completed using the Sworn Record of Formal Identification form. It must be sworn in front of a court registrar or solicitor and placed on the prosecution file.
911
The O/C parade has three steps to complete once the ID parade is done, what is step 2?
Recored the details of the witness and the participants (i.e. names, ages, address etc.) on the file or in your notebook.
912
The O/C parade has three steps to complete once the ID parade is done, what is step 3?
Put a certified pictorial record of what the witness looked at on the file.
913
Who else will the certified pictorial record be given to?
The judge, and the defence, but not the jury.
914
With regards to formal ID parades, if the defendant or a person acting on their behalf so requests, the prosecutor must supply them with what?
- The name and address of each identification witness whether or not that witness will be called- Each witness's written description of the offender- A copy of any identikit picture or other drawing made by any such witness.
915
If the witness could be in danger if their name and address is given to the defendant what can be done to protect them?
The judge may make an order excusing the prosecutor from supplying the name and address of an identification witness if they are satisfied that the order is necessary to protect the witness or any other person.
916
When conducting a photo line-up for formal ID what are three possible issues that could effect the quality of the line-up?
- The desired objective by the witness when viewing a line up is compromised- There are two or more offenders or suspects- Failure to use an adequate description when saving a line up.
917
For an investigation you should aim to collect
The maximum amount to material and examine for its use
918
In the appreciation technique what is a factor
A statement of truth about a known influence or circumstance
919
What are the sequential steps of the appreciation technique
AimFactorsCourse openPlan
920
An appreciation is the mental process, the written plan
Records decision making and shows why a certain course of action was decided
921
What is meant by an investigators working rules
The knowledge and skills learnt from investigator experience
922
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.
923
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
924
What statement best describes an investigative mindset
A principled approach to the way investigators examine material and make appropriate and reasonable decisions
925
The victim impact statement is the record of the victims own words about what happened and there opinion of the offender
False
926
If not subject to any orders or restrictions the victim impact statement can be distributed to defence council
True
927
Victim notification register1) offender escapes, dies or temporary release2) upcoming parole hearing3) first unescorted leave or discharge4) not NZ citizen and subject to deportation
1) Department of corrections2) NZ parole board3) Ministry of health4) Department of Labour
928
Police must inform the victims that....
That they are entitled to access to welfare, health, medical and legal services
929
OC case or suitably tasked person is responsible for preparing victim impact statement
True
930
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
931
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
932
Match the Police form with purpose1) Victims request to be notified about bail2) Police opposition to bail3) Police referral of victim to court adviser4) Effects of crime in victim5) Record of Police contact with victim
1) POL10652) POL1283) CSV14) POL3925) POL1060
933
Responsibly of OC case to ensure POL1060 and CSV1 completed
True
934
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
935
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
936
Complaint about prowler, complainant is old woman. Police must make victim referral
True
937
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
938
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)
939
When a victim is identified their victim impact statement must be taken when due in court
False
940
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
941
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
942
Victim gives their consent the victim impact statement1) Can be given to defence2) Can only be distributed by prosecutors3) Not to be retained by offender
All true
943
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
944
If called to a sudden death of a person police must treat family with respect and provide information about access to support services
True
945
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
946
A victim impact statement can be disclosed in disclosure packs
False
947
When a victim is obviously distressed police must provide support and/or refer onto agency that can provide support
True
948
A victim impact statement may contain victims comments about offender or prior knowledge or there opinion about possible sentencing
False
949
OC case is responsible for ensuring victim impact statement is held in the case file ready to be produced at sentencing
True
950
OC obligations when victim doesn't want to go in victim notification register
Give POL1065Update POL1060Seek views on bail
951
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
952
Must gain approval from victim for disclose and distribution of their statement
True
953
OC responsibilities 15 year old witness giving evidence against dad
Report outlining giving evidence in alternative way - trueConvince them give evidence - falseConvince important of this evidence - true
954
You should obtain a written statement for a witness of doubtful reliability as their statement will more than likely be inadmissible
False
955
Special consideration refuses interview can you informally speak with them to clarify information
True
956
When there are multiple witness to serious incident the investigator should
Separate witnesses, conduct brief initial interview with each and gather witness details
957
If a witness becomes a suspect during interview then the interviewer should
Caution, shift procedures for interviewing suspects and ensure interview is visually recorded
958
A witness who is reluctant to give information that will incriminate a friend should be advised of the possible consequences for withholding information
False
959
A compliant witness is one who always provides good information to assist an investigation
False
960
Care must be taken in police interaction with a witness because
A witnesses needs and individual circumstances must be taken into account
961
Witness refuses to speak, you should make a notebook and record why they refused
True
962
A special consideration witness may be described as vulnerable, this means
Susceptible, defenceless and in a weak position
963
Need interpreter1) Discuss aim and objectives with them2) Visual record3) Allow unsupervised with witness4) Avoid someone who knows witness5) Use interview notes to do written statement
1) True2) True3) False4) True5) True
964
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
965
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
966
When planning an interview with a special consideration witness the investigator should
Consult supervisor to make decisions about the interview
967
Should intoxicated persons be treated as a special consideration
Yes because there ability to give accurate information is affected
968
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
969
The role of a support person for special consideration witness is to
Ensure their wellbeing and support there understanding of what is happening
970
Any police can execute an arrest warrant providing they confirm warrantFamily violence arrest directed by policyShould not arrest if can't justify necessary for justice or reasons of safetyYou must arrest of offence committed and Enright evidence
TrueTrueTrueFalse
971
What public interest factors apply1) Extent victims effected2) Review of defendants professional status3) Position of trust in the circumstances4) Reparation requires prosecution support
All true
972
Property taken from person who is arrested or lawfully detained
Maybe retained by custody officer
973
When admissible evidence is sufficient to provide prospect of conviction Police must
Apply the public interest test to determine if a prosecution is required
974
1) You may not not detain under certain enactments2) Everyone has right not to be arbitrarily arrested3) AD occurs when arrest is reasonable in particular case4) Arrest is form of AD5) Detained persons need not be cautioned
1) True2) True3) False4) False5) False
975
When should suspect have first received caution rights
When the suspect stated to you that the dairy owners fault that the window got broken
976
When would evidence not be allowed. Example
No because offender is custody and questions must not amount to cross examination
977
When deciding whether to commence prosecution, which test must you apply
The evidential testThe public interest test
978
Offender released without charge. Further investigation may lead to charge by way of summons
True
979
AD1) Case against person dismissed2) Arresting officer liable3) Statement inadmissible in court4) Officer face code of conduct enquirer
1) True2) True3) True4) False
980
Extensive youth history and reoffends as 18 year old. What public interest factors
Likelihood of offence being repeated
981
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
982
Factors when deciding to arrest1) Suspect warn accomplices2) If there is a need to safeguard offender safety3) Commit further offences4) Offender Liberty means safety of others
All true
983
When arresting youth what section overrides any other when making arrest
Section 214
984
Can you misrepresent the truth
No because the admission was one rained by misrepresenting the truth to suspect
985
Applying evidential you must consider if there is sufficient admissible evidence to
Provide reasonable prospect of conviction
986
"Working Rules" are the knowledge and skills learnt from experience
True
987
"Hypothesis" are explanations for a group of facts and can generate further lines of enquiries
True
988
A full appreciation is for lengthy and difficult problems
True
989
Short appreciation is for brief or less complicated problems
True
990
In any investigation aim to maximise the amount of material collected
True
991
Written Plans record decision making and shows why a certain course of action was taken
True
992
Appreciation Technique
AimFactorsCourses OpenPlan
993
Factor is a statement of truth about some known influence or circumstance
True
994
Investigative mindset is the principled approach to the way you examine material and make appropriate decisions
True
995
Ascertain early the safety of the victim and the seriousness of the offence
True
996
Must inform victim they are entitled to welfare and health services
True
997
Victim impact statement can be distributed to defence prior to sentencing
True
998
The O/C or a suitably tasked person can take the VIS
True
999
POL 1060
Record of contact with victim
1000
CSV1
Referral to court victim advisor
1001
POL 128
Opp to Bail
1002
POL 392
VIS
1003
POL 1065
Notify if released form (VNR)
1004
The agency responsible for notifying victim is those where the offender is being held
True
1005
CSV1 is required when there is a victim and the matter proceeds to court as victim is entitled to certain services
True
1006
If offence is a sec29 offence and offender released on bail you must notify all victims ASAP
True
1007
Must refer victims of prowlers to victim support if victim is living alone
True
1008
Advise victim of notification rights if sec29 offence at the time of arrest
True
1009
POL 1060 is to record police action/contact with victim
True
1010
O/C is responsible for POL1060 and CSV1
True
1011
VIS is due before sentencing, not on the day of
True
1012
O/C is responsible for POL1065 (VNR)
True
1013
Victim Impact Statement is not about the opinion of the victim
True
1014
Query the notifications database on the bullyboard for the VNR list
True
1015
Treat 1S family with respect
True
1016
VIS is not disclosed in disclosure packs
True
1017
A Victim does not include the family of a person charged with or convicted of an offence
True
1018
VIS is not to be retained by the offender unless they have the consent from the victim.They can only be distributed by Prosecutors (in relation to police staff)They can be given prior to sentencing but they must be returned to court staff.
True
1019
Victims can make complaints about treatment etc
True
1020
Section 29 Offences are Sexual or Serious Assaults resulting in Injury, Death, Incapable or Fears for Safety of self or family.
True
1021
Do not have to convince witness he will be safe giving evidence
True
1022
VIS is not for comments of the offender or previous knowledge
True
1023
Explain how the VIS will be used after you have taken it
True
1024
VNR means the victim is notified by the agency where the offender is being held with any change to Bail, Release, Parole, Escape or Death
True
1025
If Victim is unsure about VNR give form (pol 1065), update pol 1060, and seek views on bail to relay to court.
True
1026
Provide referral if any victim is distressed
True
1027
O/C is responsible for VIS
True
1028
Obtain a statement from anyone, it doesn't matter about reliability
True
1029
If multiple witnesses, separate them and conduct brief interview with each to gather details
True
1030
Just because the witness is compliant doesn't mean that the information is good
True
1031
Notebook or job sheet a refusal to give a statement
True
1032
Witnesses needs and individual circumstances must be taken into account by the interviewer
True
1033
If a witness becomes a suspect then caution, shift to procedures for suspect interview and visually record
True
1034
If a witness is reluctant to give information on a friend DON'T advise them of any consequences if they don't give information
True
1035
When planning an interview with a special consideration witness you should consult with a supervisor to make decisions about the interview
True
1036
A Special Consideration Witness is one affected by the nature of the offence or has personal characteristics affecting communication
True
1037
Consider a drunk person as 'special consideration witness' because their ability to give information is affected
True
1038
A CYP is a special consideration witness because of their age and maturity level may mean they are vulnerable
True
1039
When using an interpreter:- discuss aims and objectives with them- use notes to write in English- don't allow unsupervised time- visually record- avoid using a known interpreter
True
1040
Vulnerable means Susceptible, defenceless, weak position
True
1041
If witness is distressed consider their concerns, assess their reasons and discuss with a supervisor and visually record.
True
1042
The role of the support person is to ensure their well-being and support their understanding
True
1043
If special consideration witness refuses interview you can still talk with them normally and question them to clarify
True
1044
You cannot arrest and interview for one offence and then change your mind as the offender is in custody and questions cannot amount to cross examination
True
1045
When laying charges think about satisfying the evidential test and public interest test
True
1046
When you have admissible evidence, you then need to apply the public interest test to determine if prosecution is required
True
1047
Public Interest Factors:- extent victim affected- review defendants professional status- offer of reparation- defendants position of trust
True
1048
Give caution as soon as admission made
True
1049
Keep property if remanded and evidence
True
1050
Any Police Officer can execute arrest warrant if Valid and show ID- should not arrest if unable to justify- FV arrest dictated in policy- do not have to arrest if committed offence and have evidence
True
1051
You must factor in offenders risk to others, if will abscond, commit further offences, safeguard offenders safety and interests.
True
1052
Section 214 CYPFS Act overrides any other enactment in making an arrest
True
1053
Public Safety Factor is likelihood of offence being repeated
True
1054
Arbitrary Detention could result in:- civil litigation- case dismissed- inadmissible statement
True
1055
When applying the Evidential Test, you must consider providing a reasonable prospect of conviction
True
1056
You cannot bait a suspect by saying that his friend admitted offence. Admission can't be obtained by misinterpreting the truth to your suspect.
True
1057
A good charging decision is when the court is provided with an appropriate basis for sentence
True
1058
If you arrest a person and then release them you can still proceed by way of summons
True
1059
- You may only detain persons in certain enactments- Detained persons must be cautioned- Arbitrary Detention does not occur if arrest is reasonable- Arrest is not a form of Arbitrary Detention- Everyone has the right not to be Arbitrarily Detained
True
1060
The stages of criminal investigation
Two methods: reactive and proactive
1061
Reactive Criminal Investigation
Starts with the discovery of a crime
1062
Proactive Criminal Investigation
Starts with the information intelligence analysis that an individual or group is engaged in criminal activity
1063
What is 'material'
Is substance of any kind, including information and objects, sounds and images. That has some bearing on any offence under investigation.
1064
Sources of material
Victims, witnesses,suspects, locations (scenes) and CCTV recordings
1065
Common formats for material
Statements, documents, reports, physical exhibits,fingerprints, images and audio or visual recordings.
1066
Applying the mindset for material (5 principles)
1:Understand the source of material2: Plan and Prepare3:Examine all material4:Record and collate5: Evaluate
1067
Evaluation of material (3 types)
Investigative evaluation ( Evaluates all material)Evidential evaluation (Evaluates only admissible material)Self/peer evaluation (practice of professionals)
1068
What are two key tasks of any investigation?
1) gathering & preserving evidence 2) documentation
1069
Appropriate & accountable decision making is based on an investigator's knowledge of?
- the legal framework- characteristics of crime- national policies and procedures
1070
Good decisions are reached by a process of reasoning based on the following sequence?
1) acknowledge of the situation or problem exists2) Identify, isolate and analyse the problem3) formulate a clear objective 4) gather all the data and information required to determine the ways in which the aim might be achieved5) draw up a list, based on the information, of all the possible ways in which the aim might be achieved6) weigh and study each of these alternatives individually7) prepare a plan for putting the selected course into action
1071
What are three factors that can effect decision making?
1) Individual bias2) Verification bias3) Availability error
1072
What is Individual bias?
When one fails to recognise their inconscious perceptions of people, places or things
1073
What is a Verification bias?
Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other line of enquiry
1074
What is Availability error?
Basing decisions on vivid emotionally charged material which not necessarily reflect the scope of material available to make the correct decision. eg: over focussing on the Victims account and overlooking collection of evidence
1075
What are the four steps in the Appreciation Technique?
Aim or ObjectiveFactorsCourses OpenPlan
1076
Explain the meaning of "Aims \ Objective"?
An aim or objective is a short statement of intent beginning with a verb
1077
Explain the meaning of "Factors"?
A factor is a statement of truth about some known influence or circumstance
1078
Give examples of factors?
the time availablepossible suspectsavailable witnessesmaterial located to datepolicy and procedure requiredknow history of partiesrecords that can be tappedthe weather at the time
1079
Explain the meaning of "Courses Open"?
Courses open are the options you can identify after having assessed the factors and the deductions made from the factors
1080
Explain the meaning of "Plan"?
Select the most appropriate courses for attention and place the action you can take:- It is more than likely that it will be effective?- Is it proportionate? (effort, time, service?- Is it achievable?- Will it pass the SELF test?
1081
Critical to an investigative mindset is your ability to exercise. Name four things?
- critical thinking- decision making- the application technique- evaluation
1082
The investigation process is underpinned by four key areas of knowledge, understanding and skills in?
- core legislation- characteristics of crime- national policies & procedures - investigative techniques
1083
What are the stages of criminal investigation?
- instigation- initial investigation- investigative evaluation- further investigation- suspect management- evidence evaluation- further investigation- charge- file preparation- court
1084
What is material?
Material is substance of any kind, including information and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on an offence under investigation or any person being investigated, or on the surrounding circumstances of the case
1085
Name potential sources from which material is gathered from?
- victims- witnesses- suspects- locations- CCTV recordings
1086
In practice the most common formats from material are?
- statements- documents- reports- physical exhibits such as weapons, clothing etc- fingerprints- images- audio or video recordings
1087
What are the five principals of the "investigative mindset"?
1. Understanding the source of material2. Plan and prepare3. Examine all material4. Record and collate actions taken and to be taken with material5. Evaluation should identify and further action required
1088
What is investigative evaluation?
Undertaken to determine- what is known- what is now known- consistencies- conflicts the key differences between investigative and evidential evaluation is that during evaluation 'all material is evaluated, even if inadmissible.
1089
What is a evidential evaluation?
considers:- the overall strength of the case- whether suffcient evidence exists against the offender to proceed to chargewhen carrying out an evidential evaluation the strength of the case is evalauted only on admissible evidence
1090
What is self/peer evaluation?
will address:- review of assumptions and decision making- records organisation and management- information communication and dissemination- lessons learntself and peer evaluation is a critical component of the practice of professionals
1091
What is the appreciation technique?
It is a cognitive tool commonly uses by investigators to take a disciplined approach to their decision making
1092
In order for material to be effective it must be?
Relevant, reliable and admissible
1093
What is hypothesis?
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
1094
Two forms of written appreciation?
- Full appreciation- Short appreciation
1095
Each source of material must be closely scrutinized. Therefore, as part of the collection process you must ensure four things?
- immediate action is taken in relation to quality and preservation of material- its reliability is tested at the earliest oppprtunity- relevant records are made- the material is appropriately stored
1096
Material examination is divided into three areas?
1. Interpret2. Clarify3. Challenge - Assume nothing - Believe nothing - Challenge everything
1097
Self and peer test is a criminal component of ?
Practice of Professionals
1098
A formal procedure is a procedure for obtaining visual identification evidence that meets what seven requirements?
1. It occurs as soon as practicable after offence is reported2. The suspect is compared to no fewer then seven others who are of similar appearence3. No indication is made to the person making the idenification4. The person making the identification is informed that the suspect may or may not be present5. A written record of the procedure followed is sworn to be true and complete by the Officer6. A pictorial record of what the person making the identification looked at is prepared and certified to be true and complete by the Officer 7. The procedure complies with any relevant regulations
1099
Name six reasons why a Formal Procedure can not be completed?
1. Suspect refuses and Police don't have photo2. Suspect has a singular appearance3. Suspect has substantially changed their appearance after offence occured4. No Office involved could have reasonable anticipated identification would be a issue at trial5. An identification of suspect was made to Officer soon as offence6. An identification of the suspect was made to an Officer after a chance meeting between the person who made the intensification and the suspectIf there is more then one offender, put them on separate lines
