101

Question 1

The appreciation technique

Answer 1

Step 1: Aim or ObjectiveStep 2: FactorsStep 3: Courses OpenStep 4: Plan

Question 2

The appreciation techniqueAim or Objective

Answer 2

A short statement of intent, to address the situation and formulate an aim or objective.

Question 3

The appreciation techniqueFactors

Answer 3

Identify and consider the factors that will affect the aim or objective.The ‘so what’ questions

Question 4

The appreciation techniqueCourses open

Answer 4

Are the options you can identify after having assessed the factors and the deductions made from the factors.

Question 5

The appreciation techniquePlan

Answer 5

Select the most appropriate courses for attention and plan the action you take.

Question 6

Forms of appreciation

Answer 6

Writing down an appreciation can enhance it.

Question 7

Two forms of appreciation

Answer 7

Full appreciationShort appreciation

Question 8

Full appreciation

Answer 8

Most often for high level or difficult tactical or administrative problems

Question 9

Short appreciation

Answer 9

For urgent or pressing problems requiring immediate action

Question 10

How do you gain good cause to suspect an offence has been committed

Answer 10

You own observationStatementsAdmissions from offenderExamining the sceneForensics

Question 11

When arrested for ‘breach of peace’ how long have you got before deciding if charges are to be laid

Answer 11

Within a reasonable time (1-2 hrs). Release immediately if no charges

Question 12

What does CADD stand for

Answer 12

Concealed, altered, damaged or destroyed

Question 13

Limited searches when person locked up

Answer 13

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

Question 14

Rights of person arrested or detained(7)

Answer 14

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

Question 15

Who is a witness

Answer 15

Are people who have information about an alleged offence or offender

Question 16

10 principles of investigative interviewing

Answer 16

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

Question 17

PEACE interviewing framework

Answer 17

Planning and preparation Engage and explainAccountClosureEvaluation

Question 18

The three interview models

Answer 18

Free recall Conversation management Enhanced cognitive interviewing

Question 19

Free recall interview model

Answer 19

For cooperative interviewees in their own time without interruptions

Question 20

Conversation management

Answer 20

Interviewer to control interview and elicit as much info from reluctant interviewee

Question 21

Enhanced cognitive interviewing

Answer 21

Builds on free recall using advanced techniques to assist cooperative interviewee

Question 22

ADVOKATES - relevant information when describing a suspect.

Answer 22

Amount of time under observationDistanceVisibilityObstructionKnown or seen beforeAny reason to rememberTime lapseError or material discrepancySalience

Question 23

Defining Special Consideration

Answer 23

Personal characteristicsCircumstances of the offending

Question 24

Special Consideration - Personal Characteristics

Answer 24

Age or MaturityPhysical mental psychological conditionPhysical intellectual psychological or psychiatric impairmentLinguistic or cultural background or religious beliefs

Question 25

Special Consideration - Circumstances of the offending

Answer 25

nature of the offendingfear of intimidationinvestigative importance of the witnessrelationship to any party invloved

Question 26

Factors when determining public interest

Answer 26

Seriousness of the offenceLikely penalty upon convictionThe circumstances of the defendant The likelihood of the offence being continued or repeatedThe circumstances of the victim

Question 27

Interviewing intoxicated witnesess

Answer 27

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

Question 28

Two key planning issues when dealing with witness who have suffered trauma

Answer 28

When is the best time to conduct the interviewWhether to have a support person

Question 29

Exclusion of unreliable statements, aside from mental condition and pertinent characteristics what other two reasons are taken into account

Answer 29

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

Question 30

What is a challenge

Answer 30

Seeking an explanation from the interviewee for inconsistencies

Question 31

What are two key tasks of any investigation?

Answer 31

1) gathering & preserving evidence 2) documentation

Question 32

Appropriate & accountable decision making is based on an investigator’s knowledge of?

Answer 32

• the legal framework- characteristics of crime- national policies and procedures

Question 33

Good decisions are reached by a process of reasoning based on the following sequence?

Answer 33

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

Question 34

What are three factors that can effect decision making?

Answer 34

1) Individual bias2) Verification bias3) Availability error

Question 35

What is Individual bias?

Answer 35

When one fails to recognise their inconscious perceptions of people, places or things

Question 36

What is a Verification bias?

Answer 36

Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other line of enquiry

Question 37

What is Availability error?

Answer 37

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

Question 38

What are the four steps in the Appreciation Technique?

Answer 38

Aim or ObjectiveFactorsCourses OpenPlan

Question 39

Explain the meaning of “Aims \ Objective”?

Answer 39

An aim or objective is a short statement of intent beginning with a verb

Question 40

Explain the meaning of “Factors”?

Answer 40

A factor is a statement of truth about some known influence or circumstance

Question 41

Give examples of factors?

Answer 41

the time availablepossible suspectsavailable witnessesmaterial located to datepolicy and procedure requiredknow history of partiesrecords that can be tappedthe weather at the time

Question 42

Explain the meaning of “Courses Open”?

Answer 42

Courses open are the options you can identify after having assessed the factors and the deductions made from the factors

Question 43

Explain the meaning of “Plan”?

Answer 43

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?

Question 44

Critical to an investigative mindset is your ability to exercise. Name four things?

Answer 44

• critical thinking- decision making- the application technique- evaluation

Question 45

The investigation process is underpinned by four key areas of knowledge, understanding and skills in?

Answer 45

• core legislation- characteristics of crime- national policies & procedures - investigative techniques

Question 46

What are the stages of criminal investigation?

Answer 46

• instigation- initial investigation- investigative evaluation- further investigation- suspect management- evidence evaluation- further investigation- charge- file preparation- court

Question 47

What is material?

Answer 47

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

Question 48

Name potential sources from which material is gathered from?

Answer 48

• victims- witnesses- suspects- locations- CCTV recordings

Question 49

In practice the most common formats from material are?

Answer 49

• statements- documents- reports- physical exhibits such as weapons, clothing etc- fingerprints- images- audio or video recordings

Question 50

What are the five principals of the “investigative mindset”?

Answer 50

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

Question 51

What is investigative evaluation?

Answer 51

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.

Question 52

What is a evidential evaluation?

Answer 52

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

Question 53

What is self/peer evaluation?

Answer 53

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

Question 54

What is the appreciation technique?

Answer 54

It is a cognitive tool commonly uses by investigators to take a disciplined approach to their decision making

Question 55

In order for material to be effective it must be?

Answer 55

Relevant, reliable and admissible

Question 56

What is hypothesis?

Answer 56

A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true

Question 57

Two forms of written appreciation?

Answer 57

• Full appreciation- Short appreciation

Question 58

Each source of material must be closely scrutinized. Therefore, as part of the collection process you must ensure four things?

Answer 58

• 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

Question 59

Material examination is divided into three areas?

Answer 59

1. Interpret2. Clarify3. Challenge - Assume nothing - Believe nothing - Challenge everything

Question 60

Self and peer test is a criminal component of ?

Answer 60

Practice of Professionals

Question 61

A formal procedure is a procedure for obtaining visual identification evidence that meets what seven requirements?

Answer 61

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

Question 62

Name six reasons why a Formal Procedure can not be completed?

Answer 62

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

Question 63

The stages of criminal investigation

Answer 63

Two methods: reactive and proactive

Question 64

Reactive Criminal Investigation

Answer 64

Starts with the discovery of a crime

Question 65

Proactive Criminal Investigation

Answer 65

Starts with the information intelligence analysis that an individual or group is engaged in criminal activity

Question 66

What is ‘material’

Answer 66

Is substance of any kind, including information and objects, sounds and images. That has some bearing on any offence under investigation.

Question 67

Sources of material

Answer 67

Victims, witnesses,suspects, locations (scenes) and CCTV recordings

Question 68

Common formats for material

Answer 68

Statements, documents, reports, physical exhibits,fingerprints, images and audio or visual recordings.

Question 69

Applying the mindset for material (5 principles)

Answer 69

1:Understand the source of material2: Plan and Prepare3:Examine all material4:Record and collate5: Evaluate

Question 70

Evaluation of material (3 types)

Answer 70

Investigative evaluation ( Evaluates all material)Evidential evaluation (Evaluates only admissible material)Self/peer evaluation (practice of professionals)

Question 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

Answer 71

True

Question 72

When laying charges think about satisfying the evidential test and public interest test

Answer 72

True

Question 73

When you have admissible evidence, you then need to apply the public interest test to determine if prosecution is required

Answer 73

True

Question 74

Public Interest Factors:- extent victim affected- review defendants professional status- offer of reparation- defendants position of trust

Answer 74

True

Question 75

Give caution as soon as admission made

Answer 75

True

Question 76

Keep property if remanded and evidence

Answer 76

True

Question 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

Answer 77

True

Question 78

You must factor in offenders risk to others, if will abscond, commit further offences, safeguard offenders safety and interests.

Answer 78

True

Question 79

Section 214 CYPFS Act overrides any other enactment in making an arrest

Answer 79

True

Question 80

Public Safety Factor is likelihood of offence being repeated

Answer 80

True

Question 81

Arbitrary Detention could result in:- civil litigation- case dismissed- inadmissible statement

Answer 81

True

Question 82

When applying the Evidential Test, you must consider providing a reasonable prospect of conviction

Answer 82

True

Question 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.

Answer 83

True

Question 84

A good charging decision is when the court is provided with an appropriate basis for sentence

Answer 84

True

Question 85

If you arrest a person and then release them you can still proceed by way of summons

Answer 85

True

Question 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

Answer 86

True

Question 87

Obtain a statement from anyone, it doesn’t matter about reliability

Answer 87

True

Question 88

If multiple witnesses, separate them and conduct brief interview with each to gather details

Answer 88

True

Question 89

Just because the witness is compliant doesn’t mean that the information is good

Answer 89

True

Question 90

Notebook or job sheet a refusal to give a statement

Answer 90

True

Question 91

Witnesses needs and individual circumstances must be taken into account by the interviewer

Answer 91

True

Question 92

If a witness becomes a suspect then caution, shift to procedures for suspect interview and visually record

Answer 92

True

Question 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

Answer 93

True

Question 94

When planning an interview with a special consideration witness you should consult with a supervisor to make decisions about the interview

Answer 94

True

Question 95

A Special Consideration Witness is one affected by the nature of the offence or has personal characteristics affecting communication

Answer 95

True

Question 96

Consider a drunk person as ‘special consideration witness’ because their ability to give information is affected

Answer 96

True

Question 97

A CYP is a special consideration witness because of their age and maturity level may mean they are vulnerable

Answer 97

True

Question 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

Answer 98

True

Question 99

Vulnerable means Susceptible, defenceless, weak position

Answer 99

True

Question 100

If witness is distressed consider their concerns, assess their reasons and discuss with a supervisor and visually record.

Answer 100

True

Question 101

The role of the support person is to ensure their well-being and support their understanding

Answer 101

True

Question 102

If special consideration witness refuses interview you can still talk with them normally and question them to clarify

Answer 102

True

Question 103

What is the decision making reasoning sequence?

Answer 103

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

Question 104

What are three factors that can effect decision making?

Answer 104

Individual bias, Verification bias and Availability error

Question 105

What is Individual bias?

Answer 105

When one fails to recognise their unconscious perceptions of people, places or things

Question 106

What is Verification bias?

Answer 106

Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other lines of enquiry

Question 107

What is Availability error?

Answer 107

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

Question 108

What are the four steps in the Appreciation technique

Answer 108

Aim/objective, factors, courses open, plan

Question 109

Explain the meaning of ‘Aims / Objectives’

Answer 109

An aim or objective is a short statement of intent beginning with a verb

Question 110

Explain the meaning of ‘Factors’

Answer 110

A factor is a statement of truth about some known influence or circumstance

Question 111

Give examples of ‘Factors’

Answer 111

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

Question 112

Explain the meaning of ‘Courses open’

Answer 112

Courses open are the options you can identify after having assessed the factors and the deductions made from the factors.

Question 113

Explain the meaning of ‘Plan’

Answer 113

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?

Question 114

The investigation process is underpinned by four key areas of knowledge, understanding and skills in?

Answer 114

• Core legislation- Characteristics of crime- National policies and procedures- Investigative techniques

Question 115

What are the stages of criminal investigation?

Answer 115

• Instigation- Initial investigation- Investigative evaluation- Further investigation- Suspect management- Evidential evaluation- Further investigation- Charge- File preparation- Court

Question 116

What is ‘Material’?

Answer 116

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

Question 117

In terms of material, what is ‘information’?

Answer 117

Used to identify times, locations, circumstances and numbers involved in the incident

Question 118

In terms of material, what is ‘intelligence’?

Answer 118

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

Question 119

In terms of material, what is ‘evidence’?

Answer 119

If it is used in court to prove a specific point

Question 120

What are the five principles of the ‘Investigative mindset’?

Answer 120

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

Question 121

What is investigative evaluation?

Answer 121

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.

Question 122

What is evidential evaluation?

Answer 122

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.

Question 123

What is self/peer evaluation?

Answer 123

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

Question 124

Investigators usually make decisions based on ‘working rules’. What is another name for it and how is it developed?

Answer 124

Heuristics. Developed from their on the job learning experience of conducting investigations and from their colleagues

Question 125

What is the Appreciation technique?

Answer 125

It is a cognitive tool commonly used by investigators to take a disciplined approach to their decision making

Question 126

In order for material to be effective it must be?

Answer 126

Relevant, reliable and admissible

Question 127

What is a hypothesis?

Answer 127

A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true

Question 128

Victims Rights Act 2002, Section 7 - Treatment

Answer 128

Any person who deals with a victim must treat them with courtesy and compassion and respect their dignity and privacy

Question 129

Victims Rights Act 2002, Section 8 - Access

Answer 129

A victim of an offence should have access to services that address their needs, welfare, health, counselling, medical or legal

Question 130

Victims Rights Act 2002, Section 6 - Restorative Justice

Answer 130

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

Question 131

Victims Rights Act 2002, Section 11 - Inform of services

Answer 131

Police have an obligation to inform victims of services available to them

Question 132

Victims Rights Act 2002, Section 12 - Inform of process

Answer 132

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

Question 133

Victims Rights Act 2002, Section 14 - Support persons

Answer 133

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

Question 134

Victims Rights Act 2002, Section 20 - Other victims

Answer 134

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

Question 135

Victims Rights Act 2002, Section 25 - Retention of part or all of Victim Impact Statement

Answer 135

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.

Question 136

Victims Rights Act 2002, Section 29 - Informed of bail conditions

Answer 136

Victims have a right to be informed of offenders bail conditions

Question 137

Victims Rights Act 2002, Section 49 - Complaints

Answer 137

Victims have a right to complain to the IPCA if they feel they have not been afforded their rights

Question 138

Victims Rights Act 2002, Section 51 - Return of property

Answer 138

Victims property seized as evidence must be returned as soon as possible

Question 139

Which document is given to a victim eligible for the VNR?

Answer 139

POL1065

Question 140

A victim is eligible to be put on the Victims Notification Register if they are the victim of?

Answer 140

• 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

Question 141

A Victim impact statement can only be distributed by?

Answer 141

Prosecutor

Question 142

Can a Victim impact statement be disclosed to an offender?

Answer 142

Yes, only with the Victims consent

Question 143

Who is responsible for informing a S29 victim of release on bail of an accused or offender?

Answer 143

Police

Question 144

Who is responsible for informing a S29 victim of release or escape from prison detention, or of death, of an offender?

Answer 144

Department of Corrections

Question 145

Who is responsible for informing a S29 victim of cessation of, or absconding from, or death during, home detention of offender?

Answer 145

Department of Corrections

Question 146

Who is responsible for informing a S29 victim of decisions on recall orders?

Answer 146

NZ Parole Board

Question 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)?

Answer 147

Ministry of Health

Question 148

Who is responsible for informing a S29 victim of the accused or offenders possibility of deportation

Answer 148

Department of Labour

Question 149

What are the ten principles of investigative interviewing?

Answer 149

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

Question 150

What are the five stages of the Peace model?

Answer 150

1. Planning and preparing interviews2. Engage and explain3. Account4. Closure5. Evaluation

Question 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?

Answer 151

• Age, maturity- Physical, mental, psychological impairment- Trauma suffered- Fear of intimidation- Nature of proceeding / evidence- Absence or likely absence from NZ

Question 152

Always consider using a support person when the witness?

Answer 152

• 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

Question 153

Who is a witness?

Answer 153

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

Question 154

What must you do when during an interview a witness becomes a suspect?

Answer 154

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

Question 155

Chief Justice practice note one states?

Answer 155

Police may ask questions of any person but they must not be compelled to answer

Question 156

Chief Justice practice note two states

Answer 156

Before charging or questioning, caution must be given

Question 157

Chief Justice practice note three states

Answer 157

Questioning may be persistent it must not amount to cross-examination

Question 158

Chief Justice practice note four states

Answer 158

When a person is questioned about other evidence, the nature of the evidence must be fairly explained

Question 159

Chief Justice practice note five states

Answer 159

Video recording should always be the preferred method and the interviewee must be given the chance to have the interview played back to them

Question 160

The Bill of Rights Act 1990, Section 22 - Arbitrary detention

Answer 160

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

Question 161

Crimes Act powers of arrest come from what section?

Answer 161

Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed

Question 162

Summary Offences Act powers of arrest come from what section?

Answer 162

Section 39 - Good cause to suspect

Question 163

Land Transport Act powers of arrest come from what section?

Answer 163

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

Question 164

Arms Act powers of arrest come from what section?

Answer 164

Section 40 - Person in possession of a firearm refuses/fails to give correct details

Question 165

Domestic Violence Act powers of arrest come from what section?

Answer 165

Section 50 - Person suspected of breaching protection order

Question 166

A special consideration witness may be described as ‘vulnerable’. Vulnerable means?

Answer 166

Susceptible, defenceless, in a weak position

Question 167

When deciding whether to commence prosecution. What test needs to be applied?

Answer 167

The evidential test and the public interest test

Question 168

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

Answer 168

The court is provided with an appropriate basis for sentence

Question 169

The Bill of Rights Act 1990, Section 22 - Arbitrary detention

Answer 169

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

Question 170

Crimes Act powers of arrest come from what section?

Answer 170

Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed

Question 171

Summary Offences Act powers of arrest come from what section?

Answer 171

Section 39 - Good cause to suspect

Question 172

Land Transport Act powers of arrest come from what section?

Answer 172

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

Question 173

Arms Act powers of arrest come from what section?

Answer 173

Section 40 - Person in possession of a firearm refuses/fails to give correct details

Question 174

Domestic Violence Act powers of arrest come from what section?

Answer 174

Section 50 - Person suspected of breaching protection order

Question 175

A special consideration witness may be described as ‘vulnerable’. Vulnerable means?

Answer 175

Susceptible, defenceless, in a weak position

Question 176

When deciding whether to commence prosecution. What test needs to be applied?

Answer 176

The evidential test and the public interest test

Question 177

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

Answer 177

The court is provided with an appropriate basis for sentence

Question 178

“Working Rules” are the knowledge and skills learnt from experience

Answer 178

True

Question 179

“Hypothesis” are explanations for a group of facts and can generate further lines of enquiries

Answer 179

True

Question 180

A full appreciation is for lengthy and difficult problems

Answer 180

True

Question 181

Short appreciation is for brief or less complicated problems

Answer 181

True

Question 182

In any investigation aim to maximise the amount of material collected

Answer 182

True

Question 183

Written Plans record decision making and shows why a certain course of action was taken

Answer 183

True

Question 184

Appreciation Technique

Answer 184

AimFactorsCourses OpenPlan

Question 185

Factor is a statement of truth about some known influence or circumstance

Answer 185

True

Question 186

Investigative mindset is the principled approach to the way you examine material and make appropriate decisions

Answer 186

True

Question 187

For an investigation you should aim to collect

Answer 187

The maximum amount to material and examine for its use

Question 188

In the appreciation technique what is a factor

Answer 188

A statement of truth about a known influence or circumstance

Question 189

What are the sequential steps of the appreciation technique

Answer 189

AimFactorsCourse openPlan

Question 190

An appreciation is the mental process, the written plan

Answer 190

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

Question 191

What is meant by an investigators working rules

Answer 191

The knowledge and skills learnt from investigator experience

Question 192

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

Answer 192

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.

Question 193

What best describes hypotheses and why you might use them

Answer 193

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

Question 194

What statement best describes an investigative mindset

Answer 194

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

Question 195

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

Answer 195

False

Question 196

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

Answer 196

True

Question 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

Answer 197

1) Department of corrections2) NZ parole board3) Ministry of health4) Department of Labour

Question 198

Police must inform the victims that….

Answer 198

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

Question 199

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

Answer 199

True

Question 200

When and why is a CSV1 required

Answer 200

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

Question 201

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

Answer 201

The safety of the victim and the seriousness of the offence

Question 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

Answer 202

1) POL10652) POL1283) CSV14) POL3925) POL1060

Question 203

Responsibly of OC case to ensure POL1060 and CSV1 completed

Answer 203

True

Question 204

The intent of a POL1060 form is to provide

Answer 204

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

Question 205

Police responsibilities to victim when section 29 suspect released on bail

Answer 205

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

Question 206

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

Answer 206

True

Question 207

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

Answer 207

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

Question 208

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

Answer 208

At the time of offenders arrest (if practicable)

Question 209

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

Answer 209

False

Question 210

Victims rights act 2002 section 29 are defined as

Answer 210

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

Question 211

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

Answer 211

Query the notifications database on national bulletin board

Question 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

Answer 212

All true

Question 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

Answer 213

False

Question 214

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

Answer 214

True

Question 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

Answer 215

True

Question 216

A victim impact statement can be disclosed in disclosure packs

Answer 216

False

Question 217

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

Answer 217

True

Question 218

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

Answer 218

False

Question 219

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

Answer 219

True

Question 220

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

Answer 220

Give POL1065Update POL1060Seek views on bail

Question 221

Being on VNR means victim will be notified

Answer 221

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

Question 222

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

Answer 222

True

Question 223

OC responsibilities 15 year old witness giving evidence against dad

Answer 223

Report outlining giving evidence in alternative way - trueConvince them give evidence - falseConvince important of this evidence - true

Question 224

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

Answer 224

False

Question 225

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

Answer 225

True

Question 226

When there are multiple witness to serious incident the investigator should

Answer 226

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

Question 227

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

Answer 227

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

Question 228

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

Answer 228

False

Question 229

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

Answer 229

False

Question 230

Care must be taken in police interaction with a witness because

Answer 230

A witnesses needs and individual circumstances must be taken into account

Question 231

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

Answer 231

True

Question 232

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

Answer 232

Susceptible, defenceless and in a weak position

Question 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

Answer 233

1) True2) True3) False4) True5) True

Question 234

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

Answer 234

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

Question 235

A special consideration witness is one who

Answer 235

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

Question 236

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

Answer 236

Consult supervisor to make decisions about the interview

Question 237

Should intoxicated persons be treated as a special consideration

Answer 237

Yes because there ability to give accurate information is affected

Question 238

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

Answer 238

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

Question 239

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

Answer 239

Ensure their wellbeing and support there understanding of what is happening

Question 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

Answer 240

TrueTrueTrueFalse

Question 241

What public interest factors apply1) Extent victims effected2) Review of defendants professional status3) Position of trust in the circumstances4) Reparation requires prosecution support

Answer 241

All true

Question 242

Property taken from person who is arrested or lawfully detained

Answer 242

Maybe retained by custody officer

Question 243

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

Answer 243

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

Question 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

Answer 244

1) True2) True3) False4) False5) False

Question 245

When should suspect have first received caution rights

Answer 245

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

Question 246

When would evidence not be allowed. Example

Answer 246

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

Question 247

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

Answer 247

The evidential testThe public interest test

Question 248

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

Answer 248

True

Question 249

AD1) Case against person dismissed2) Arresting officer liable3) Statement inadmissible in court4) Officer face code of conduct enquirer

Answer 249

1) True2) True3) True4) False

Question 250

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

Answer 250

Likelihood of offence being repeated

Question 251

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

Answer 251

The court is provided with appropriate basis for sentencing

Question 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

Answer 252

All true

Question 253

When arresting youth what section overrides any other when making arrest

Answer 253

Section 214

Question 254

Can you misrepresent the truth

Answer 254

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

Question 255

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

Answer 255

Provide reasonable prospect of conviction

Question 256

For a serious crime investigation there are two team, what are they?

Answer 256

The investigation team and the support team.

Question 257

What does the investigation team do?

Answer 257

Physically make enquiries to solve the case.

Question 258

What are the phases and investigation is divided into for the investigation team?

Answer 258

Area Canvas, General Enquiries, Passive Data Generators, and Suspects and person of interest.

Question 259

What does the support team do?

Answer 259

Provides support resources for the investigation team, to help organise and process the information gathered.

Question 260

What are the two key tasks of an investigator?

Answer 260

1. Gathering and preserving evidence, and2. Documentation.

Question 261

Investigators have to have good decision making. Appropriate and accountable decision making is based on an investigators knowledge of what?

Answer 261

• The legal framework- Characteristics of crime- National policies and procedures

Question 262

Good decisions are based on a 7 step sequence, what is step 1?

Answer 262

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?

Question 263

Good decisions are based on a 7 step sequence, what is step 2?

Answer 263

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?

Question 264

Good decisions are based on a 7 step sequence, what is step 3?

Answer 264

Formulate a clear objective. Ask:- What are we aiming to achieve?

Question 265

Good decisions are based on a 7 step sequence, what is step 4?

Answer 265

Gather all the data and information required to determine the ways in which the aim might be achieved.

Question 266

Good decisions are based on a 7 step sequence, what is step 5?

Answer 266

Draw up a list, based on the information, of all the possible ways in which the aim might be achieved.

Question 267

Good decisions are based on a 7 step sequence, what is step 6?

Answer 267

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?

Question 268

Good decisions are based on a 7 step sequence, what is step 7?

Answer 268

Prepare a plan for putting the selected course into action.

Question 269

There are some factors an investigator needs to take into account which can affect their decision making, what are these factors?

Answer 269

• Individual Bias- Verification Bias- Availability Bias

Question 270

What is Individual bias?

Answer 270

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.

Question 271

What is Verification bias?

Answer 271

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.

Question 272

What is Availability bias?

Answer 272

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.

Question 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?

Answer 273

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.

Question 274

What is step 2 of the appreciation technique?

Answer 274

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.

Question 275

What are some of the possible factors you should consider?

Answer 275

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

Question 276

What should you do when you have listed all your factors?

Answer 276

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.

Question 277

What is step 3 of the appreciation technique?

Answer 277

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”.

Question 278

What is step 4 of the appreciation technique?

Answer 278

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?

Question 279

There are two written forms of an appreciation, what are they?

Answer 279

• Full appreciation- Short appreciation

Question 280

What is a full appreciation?

Answer 280

A full appreciation is most often for high-level or difficult tactical or administrative problems.

Question 281

What is a short appreciation?

Answer 281

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.

Question 282

Why should you complete a written appreciation?

Answer 282

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.

Question 283

When carrying out a short appreciation what should you write down?

Answer 283

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.

Question 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?

Answer 284

• Critical thinking- Decision making- The appreciation technique- EvaluationUse an investigative mindset throughout all stages of an investigation.

Question 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?

Answer 285

Respect, integrity, and professionalism are inherent in the investigative mindset.

Question 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?

Answer 286

• Core legislation- The characteristics of crime (nature of crime and criminal behaviour)- National policies and procedures- Investigative techniques.

Question 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?

Answer 287

• 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

Question 288

When carrying out a criminal investigation we talk about gathering material. What is material and what are some examples?

Answer 288

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.

Question 289

There are a number of potential sources from which material is gathered, what are some of the sources?

Answer 289

• 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.

Question 290

In practice the most common forms of material are what?

Answer 290

• Statements- Documents- Reports- Physical exhibits such as weapons, clothing, stolen goods and biological or chemical material- Fingerprints- Images- Audio or video recordings.

Question 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?

Answer 291

• Information- Intelligence- Evidential

Question 292

When considering admissibility of evidence with regards to Part 2 of the Evidence Act 2006, what types of evidence does this cover?

Answer 292

• Hearsay- Statements of opinion- Expert evidence- Improperly obtained material

Question 293

When gathering material why is important to gather all types of material even when it might not be admissible as evidence?

Answer 293

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.

Question 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?

Answer 294

To maximise its quality and to avoid contamination.

Question 295

What are the sources of material you should consider when starting a routine inquiry?

Answer 295

• Re-interview the witness/complainant- Information sources - NIA, Intel office- Local and government agencies- Private businesses- Scene examination.

Question 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?

Answer 296

• 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.

Question 297

Each source of material must be closely scrutinised. Therefore, as part of the collection process you must ensure what?

Answer 297

• 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.

Question 298

Material examination is usually divided into three areas, what are the three areas?

Answer 298

• Interpret- Clarify- ChallengeThe extent to which any area is relevant to a particular examination is determined by the material source and its characteristics.

Question 299

With reference to material examination, what does interpret mean?

Answer 299

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.

Question 300

With reference to material examination, what does clarify mean?

Answer 300

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.

Question 301

With reference to material examination, what does challenge mean?

Answer 301

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.

Question 302

When challenging material what does the acronym ABC mean?

Answer 302

A - Assume nothingB - Believe nothingC - Corroborate everything

Question 303

Following the examination of a source of material, decisions must be made about what?

Answer 303

• Examination records needed- Storage required- Security- Access- Conditions to be addressed for disclosure.

Question 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?

Answer 304

• 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.

Question 305

Applying the investigative mindset to the collection of material ensures what?

Answer 305

• 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.

Question 306

What are the three types of formal evaluation in an investigative mindset?

Answer 306

• Investigative evaluation- Evidential evaluation- Self and peer evaluation

Question 307

Investigative evaluation is undertake to determine what?

Answer 307

• What is known- What is not known- Consistencies- Conflicts

Question 308

Evidential evaluation considers what?

Answer 308

• The overall strength of the case- Whether sufficient evidence exists against the offender to proceed to charge.

Question 309

Self/Peer evaluation is done to address what?

Answer 309

• Review of assumptions and decision making- Records organisation and management- Information communication and dissemination- Lessons learnt

Question 310

Visual identification evidence means evidence that is what?

Answer 310

• 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.

Question 311

What are the formal visual identification procedures?

Answer 311

• ID parade- Photo line-ups

Question 312

What are the seven requirements for formal visual identification procedure?

Answer 312

• 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.

Question 313

What are the six good reasons for not following a formal visual identification procedure?

Answer 313

• 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.

Question 314

What should you do if you wish to carry out a photo line up but do not have a photograph of the suspect?

Answer 314

Request that the suspect allow you to take their photograph.

Question 315

What should you do if a suspect refused to have their photograph taken for formal identification, and there are no current photographs?

Answer 315

Document the refusal and make a note on the file for the reason as to why no formal identification procedure was followed.

Question 316

Before conducting an identification parade you must select other participants, what are four rules to follow when selecting them?

Answer 316

• 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

Question 317

When conducting an an identification parade you must advise the suspect of what?

Answer 317

• 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

Question 318

When conducting an an identification parade the witness must not be what?

Answer 318

• 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.

Question 319

What should you do if the witness does not feel able to face the participants directly?

Answer 319

Use a one-way glass viewing facility where available

Question 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?

Answer 320

• Wear or remove their hats- Speak- Walk individually

Question 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?

Answer 321

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.

Question 322

When conducting an an identification parade what must you ask the suspect?

Answer 322

• 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.

Question 323

When conducting an an identification parade there are five things you must do with the witness, what are they?

Answer 323

• 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

Question 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?

Answer 324

Ensure that the indication is recorded.

Question 325

The O/C parade has three steps to complete once the ID parade is done, what is step 1?

Answer 325

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.

Question 326

The O/C parade has three steps to complete once the ID parade is done, what is step 2?

Answer 326

Recored the details of the witness and the participants (i.e. names, ages, address etc.) on the file or in your notebook.

Question 327

The O/C parade has three steps to complete once the ID parade is done, what is step 3?

Answer 327

Put a certified pictorial record of what the witness looked at on the file.

Question 328

Who else will the certified pictorial record be given to?

Answer 328

The judge, and the defence, but not the jury.

Question 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?

Answer 329

• 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.

Question 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?

Answer 330

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.

Question 331

When conducting a photo line-up for formal ID what are three possible issues that could effect the quality of the line-up?

Answer 331

• 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.

Question 332

The 2 key tasks of any investigation are

Answer 332

Gathering and preserving evidenceDocumentation

Question 333

Appropriate and accountable decision making is based on knowledge of

Answer 333

The legal frameworkCharacteristics of crimeNational policies and proceedures

Question 334

The 7 parts of making a good decision

Answer 334

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

Question 335

What is individual bias

Answer 335

Decision making that is unconsciously effected. Personal perceptions of people, places, situations etc.

Question 336

What is verification bias

Answer 336

Focussed on making decisions that support only a certain point of view and overlooking alternative lines of enquiry

Question 337

Steps in the appreciation technique

Answer 337

Develop and aim or objectiveFactors to consider Courses openDevelop a plan

Question 338

What 4 things are critical to an investigative mindset

Answer 338

Critical thinkingDecision makingAppreciation technique Evaluation

Question 339

What is ‘material’

Answer 339

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

Question 340

Potential sources of material (8)

Answer 340

VictimsWitnessesSuspectsLocationsCCTVPhonesBanksIntelligence databases

Question 341

Most common formats of material

Answer 341

StatementsDocumentsReportsPhysical exhibitsFingerprintsImagesAudio and video recordings

Question 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

Answer 342

InformationIntelligence Evidence

Question 343

A hearsay statement is admissible if:

Answer 343

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

Question 344

What is ABC

Answer 344

Assume nothingBelieve nothing Corroborate everything

Question 345

Investigation evaluation is:

Answer 345

What is/isn’t knownConflicts All available information

Question 346

Material is split up into 3 parts RRA

Answer 346

RelevanceReliability Admissibility

Question 347

Visual identification evidence

Answer 347

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

Question 348

When is/isn’t visual identification evidence admissible/inadmissible

Answer 348

Followed the formal procedure or a good reason for not followingNo good reason for not following the proceedure

Question 349

7 requirements for formal proceedures

Answer 349

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

Question 350

6 good reasons for not following a formal identification procedure

Answer 350

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

Question 351

Is a suspect required to attend a formal id parade and why?

Answer 351

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

Question 352

Initial Action

Answer 352

VictimsAppreciationWitnessesSceneExhibitsIngredientsPowersOffenders

Question 353

Appreciation

Answer 353

A proven method of problem solving. It identifies a question arising from a problem, issue or situation.Can be full, short or written

Question 354

How to do an appreciation

Answer 354

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

Question 355

Preserving scene

Answer 355

1. Identify - common approach path, powers, “scene”, SITREP2. Secure3. Preserve4. Consider 5. Record

Question 356

Search and Surveillance 116

Answer 356

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

Question 357

POL 265

Answer 357

Deceased person certificate

Question 358

POL 265A

Answer 358

Formal identification form

Question 359

Initial response to body

Answer 359

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

Question 360

File management/disclosure 10,000 series docs

Answer 360

Those where there is no justification to withhold from disclosure under 16, 17 or 18 - FWS, job sheets, transcripts

Question 361

File management/ disclosure 50,000 series docs

Answer 361

Those which may be fully or partially withheld pursuant to 16, 17 or 18 - emails, SW app, CHIS

Question 362

Good charging decision

Answer 362

Adequately reflect nature and extent of criminal conduct and provide court appropriate basis for sentence.

Question 363

Attorney general needs to consent what charges

Answer 363

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

Question 364

Solicitor General Guideline

Answer 364

All probable offences punishable by 7 yrs + should be included in charge.

Question 365

Good investigative decision

Answer 365

Acknowledge problem AnalyseObjectiveGather data/infoAlternativesPlan

Question 366

Individual bias

Answer 366

Decisions unconsciously affected by personal perceptions

Question 367

Verification bias

Answer 367

No considering alternatives as set on a vertical channel

Question 368

Availability errors

Answer 368

Focussing on what have and ignoring other evidence

Question 369

Investigative mindset

Answer 369

A disciplined approach to gathering, recording, retaining and presenting evidence

Question 370

Hearsay

Answer 370

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

Question 371

Statements of opinion

Answer 371

Admissible if opinion is necessary to enable the witness to communicate or the fact finder to understand the witness

Question 372

Expert evidence

Answer 372

Admissible if the face finder is likely to obtain substantial help from the opinion in understanding other evidence

Question 373

Improperly obtained evidence

Answer 373

Balance of probabilities that improperly obtained if any BOR breach, unfairly, inadmissible statement

Question 374

V.R.A 7

Answer 374

Treat with courtesy, compassion and respect

Question 375

V.R.A 8

Answer 375

Access to services such as welfare, health, counselling, medical and legal

Question 376

V.A.R 9

Answer 376

Restorative justice meetings to resolve

Question 377

V.R.A 11

Answer 377

Info about programmes and services

Question 378

V.R.A 12

Answer 378

Info about proceedings

Question 379

V.R.A 13

Answer 379

Limits on duties to give info under 11 and 12

Question 380

V.R.A 14

Answer 380

Info that may be given to a support person

Question 381

V.R.A 15

Answer 381

Rights under privacy act

Question 382

V.R.A 16

Answer 382

Restrictions on disclosing contact details

Question 383

V.R.A 17

Answer 383

About VIS. Defined, purpose and information to be ascertained

Question 384

V.R.A 18

Answer 384

Procedure before ascertaining VIS info. Must be true and recorded

Question 385

V.R.A 20

Answer 385

Statement from another disadvantaged

Question 386

V.R.A 21-26

Answer 386

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

Question 387

Victim

Answer 387

• 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

Question 388

Child vs young person

Answer 388

Child - Under 14 but 18 if giving evidenceYP- over 14 but under 17 (unless married/civil union)

Question 389

VHS

Answer 389

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

Question 390

VNR

Answer 390

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

Question 391

VNR and VIS and alternate evidence numbers

Answer 391

POL 1065 POL 392POL 2020

Question 392

If witness becomes suspect during interview

Answer 392

Adopt procedures for interviewing suspects including cautioning and visually recording

Question 393

P.E.A.C.E interview phases

Answer 393

Planning and prepEngage and explain Account Closure Evaluation

Question 394

Interview special considerations

Answer 394

Children and elderlyIntoxicatedTraumatised victimsIntellectual disabilities FV/sexual assault victims Communication difficulties

Question 395

ADVOKATES

Answer 395

Amount of timeDistance Visibility Obstruction Known Any reason to remember (distinguishing)Time lapseError or material discrepancySalience

Question 396

Support person for witness

Answer 396

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

Question 397

Ten II principles

Answer 397

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

Question 398

Memory process

Answer 398

Encoding > storage > retrieval

Question 399

For any investigation you should aim to collect

Answer 399

the maximum amount of material and examine for its use

Question 400

When thinking about written appreciation which two of the following choices best describe the difference between a full and a short appreciation?

Answer 400

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.

Question 401

What are the sequential steps of the appreciation technique?

Answer 401

aim, factors, courses open, plan

Question 402

In the appreciation technique, what is a factor?

Answer 402

• a statement of truth about a known influence or circumstance

Question 403

An appreciation is the mental process, the written plan

Answer 403

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

Question 404

What is meant by an investigator’s working rules?

Answer 404

the knowledge and skills learnt from investigator experience

Question 405

What best describe an investigative mindset?

Answer 405

a principled approach to the way investigators examine material and make appropriate and reasonable decision.

Question 406

describe hypotheses and why you might use it ?

Answer 406

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

Question 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

Answer 407

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

Question 408

When and why is a CSV1 required?

Answer 408

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

Question 409

What are the two teams in a serious crime investigation?

Answer 409

1. Investigation 2. Support (also known as the Operation Headquarters Team)

Question 410

What are the factors that affect decision making? (there are 3)

Answer 410

• Individual bias - Verification bias - Availability errors

Question 411

Describe Individual bias (It is a factor affecting decision making)

Answer 411

Decision making unconsciously affected by an individual’s perceptions of people, places and situations e.g. perceptions based on prejudice, diversity, criminal record

Question 412

Describe Verification bias (It is a factor affecting decision making)

Answer 412

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.

Question 413

Describe Availability error(It is a factor affecting decision making)

Answer 413

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

Question 414

What are the four steps to the appreciation technique?

Answer 414

1. Aim or objective 2. Factors 3. Courses Open 4. Plan

Question 415

Appreciation technique: Describe Step 1: Aim or objective

Answer 415

A short statement of intent beginning with a verb. (Read page 11)

Question 416

Appreciation technique: Describe Step 2: Factors

Answer 416

A factor is a statement of truth about some known influence or circumstance. (Read page 11)

Question 417

Appreciation technique: Describe Step 3: Courses open

Answer 417

Courses open ate the options you can identify after having assessed the factors and the deductions made from the factors. (Read page 12)

Question 418

Appreciation technique: Describe Step 4: Plan

Answer 418

Select the most appropriate courses for attention and plan the action you can take. (Read page 12)

Question 419

Two forms of written appreciation:

Answer 419

Full appreciation Short appreciation

Question 420

What are the 4 key areas of knowledge, understanding and skills that underpin a good investigation?

Answer 420

• Core legislation - The characteristics of crime - National policies and procedures - Investigative techniques

Question 421

What is a reactive criminal investigation?

Answer 421

Starts with the discovery of a crime

Question 422

What is a proactive criminal investigation?

Answer 422

Starts with information or intelligence analysis indicating that an individual or a group of individuals is engaged in criminal activity

Question 423

Draw the diagram showing the stages of criminal investigations

Answer 423

Found page 15

Question 424

Does material always become evidence?

Answer 424

No

Question 425

Material attrition

Answer 425

total material gathered by an offence > the material gathered by police > material that is admissible as evidence

Question 426

What are the steps to applying the investigative mindset?There are 5 principles.

Answer 426

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

Question 427

Define hypotheses

Answer 427

A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true

Question 428

When would a full appreciation be used?

Answer 428

High level or difficult tactical or administrative problems

Question 429

When would a short appreciation be used

Answer 429

Urgent or pressing matters requiring immediate attention

Question 430

What is ‘material’?

Answer 430

substance of any kind, including information, sounds, images obtained in the course of a criminal investigation that has some bearing on any offence

Question 431

True or falseMaterial may or may not become evidence

Answer 431

True

Question 432

True or false Material gathered during a course of an investigation always becomes evidence

Answer 432

false

Question 433

What does the investigation team do?Give examples

Answer 433

Physically make enquiries to solve the case Examples: Area Canvass, General Enquiries, Passive Data Generators, suspects and persons of interest

Question 434

What does the support team do?

Answer 434

Provides support resources for the investigation team Help it organise and process the information gathered

Question 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?

Answer 435

The 2IC

Question 436

What are the two key tasks of any investigation?

Answer 436

1. Gathering and preserving information 2. Documentation

Question 437

What four things are critical to an investigative mindset?

Answer 437

• Critical thinking - decision making - the appreciation technique - Evaluation

Question 438

What are three uses material can have

Answer 438

information, intelligence, evidence

Question 439

What do investigators base appropriate and accountable decision making on?

Answer 439

Appropriate and accountable decision making is based on investigators knowledge of:• The legal framework• Characteristics of crime• National policies and procedures

Question 440

Good decision are based on a process of reasoning based on what steps?

Answer 440

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

Question 441

What is the appreciation technique?

Answer 441

Aim, factors, courses open, plan

Question 442

In regards to investigation What is an aim?

Answer 442

• Short statement of intent beginning with a verb• Express clearly and concisely in definite terms

Question 443

In regards to investigation what is a factor

Answer 443

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.

Question 444

What is a short appreciation used for

Answer 444

• For urgent or pressing problems requiring immediate action• Helpful for non urgent problems that are not complicated or complex• Applicable to daily police duties

Question 445

What is a full appreciation used for

Answer 445

High level or difficult tactical or administrative problems.

Question 446

What is ‘the investigative mindset’?

Answer 446

This is an attitude/state of mind that investigators adopt and develop over time.• Values of integrity, respect, professionalism

Question 447

What are the four key areas that underpin the investigative mindset

Answer 447

• core legislation• characteristics of crime• national policies and procedures• investigative techniques

Question 448

What will the investigative mindset allow you to do?

Answer 448

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

Question 449

Name two methods of criminal investigation - explain them.

Answer 449

• reactive – starts with discovery of a crime• proactive – info or intelligence suggesting criminal activity

Question 450

Explain “material”

Answer 450

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.

Question 451

What five steps are taken to applying the investigative mindset?

Answer 451

1. Understand the source of the material2. Plan and prepare 3. Examine all material 4. Collate and record5. Evaluate

Question 452

Name three types of evaluation: What are they used for?

Answer 452

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

Question 453

What is a hypothesis?

Answer 453

A hypothesis is a buidling scenario that best explains the available material.

Question 454

What is ‘relevance’?

Answer 454

RELEVANCE (it has some bearing on the investigation)

Question 455

What is reliability

Answer 455

RELIABILITY - independent corroboration of the material that is to be used as evidence is tested

Question 456

Under the victim rights act 2002, what is a child?

Answer 456

Child is under 14 years old

Question 457

When can meetings occur between victim and offender?

Answer 457

• Victim and offender must agree to do so• It must be practical and the circumstances appropriate

Question 458

What must a victim be given asap?

Answer 458

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

Question 459

under victim privacy, what may not be given to the court?

Answer 459

The victims address or phone number

Question 460

What does S.25 say in relation to victim impact statements?

Answer 460

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.

Question 461

What does S.28 say about publishing the name of an offender?

Answer 461

S.28 victims views on application for order prohibiting publication of name of offender

Question 462

Under S.30, what must be ascertained?

Answer 462

victims views about release on bail

Question 463

What is a S.29 offence

Answer 463

one of sexual violation or other serious assault or resulted in serious injury or death, or in person being incapable,

Question 464

What must a victim of a S.29 offence be told and when?

Answer 464

must be given reasonable notice of release, or be notified asap on escape.

Question 465

What is VNR

Answer 465

Victim Notification Register

Question 466

Under S.35 a victim must be informed of what?

Answer 466

• 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.

Question 467

What are the following forms? 1065106040012839214ACSV1143

Answer 467

1065 VNR – only s.29 victims can go on this1060 Record of victim contact128 Op to Bail14A CAF392 VIS​CSV1 Service to victims

Question 468

Who is a ‘victim?

Answer 468

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.

Question 469

Victims are entitled to a support person. Under S.4 a support person is:

Answer 469

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

Question 470

What is a ‘witness?

Answer 470

A Witness is – person who gives evidence and is able to be cross-examined in a proceeding

Question 471

What is ‘frozen fright’

Answer 471

Frozen Fright – victim exhibits signs similar to shock – numbness, inactivity, fainting, nausea, vomiting, sweating, blood pressure deviation etc.

Question 472

What is fight or flight?

Answer 472

Fight or Flight – signs are hysteria, agitation, screaming, rapid speech.

Question 473

What are some long term victim reactions?

Answer 473

Long Term – Anger, fear, frustration, confusion, guilt, blame, grief, sorrow

Question 474

Under S.12 victims must be………..

Answer 474

informed of progress

Question 475

What are ‘heuristics?

Answer 475

Working rules developed through on the job learning experience.

Question 476

Appropriate and accountable decision making is based on an investigators knowledge of: (3)

Answer 476

. the legal framework. characteristics of crime. national policies and procedures.

Question 477

Three factors that may adversely affect the quality of decision making:

Answer 477

. individual bias. verification bias. availability error.

Question 478

Four steps of the appreciation technique:

Answer 478

. aim or objective. factors. courses open. plan.

Question 479

What is the difference between investigative and evidential evaluation of material gathered during an investigation?

Answer 479

. in an investigative evaluation ALL AVAILABLE MATERIAL is evaluated. in an evidential evaluation ONLY THE EVIDENTIALLY ADMISSIBLE MATERIAL is taken into account.

Question 480

What are the two forms of written appreciation?

Answer 480

. full appreciation. short appreciation.

Question 481

A written appreciation provides …… and shows ……

Answer 481

. a record of decision making. why a certain course of action was taken.

Question 482

What are the four key works used in the Victims Rights Act to describe the way in which victims should be treated?

Answer 482

. compassion. courtesy. dignity. privacy.

Question 483

Who can show a victim impact statement to an offender?

Answer 483

. a prosecutor. lawyer for an offender. victim concerned. someone acting under the authority of the victim.

Question 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?

Answer 484

. the victim. a member of court staff. police employee. prosecutor. anyone else the judicial officer orders.

Question 485

A victim is:

Answer 485

. 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.

Question 486

Child in Victims Rights Act:

Answer 486

. boy or girl under 14 years.

Question 487

Young person in Victims Rights Act:

Answer 487

. boy or girl over 14 and under 17 years (15, 16 year olds).

Question 488

Child in Evidence Act:

Answer 488

. person under 18 years.

Question 489

Child in CYPFS Act:

Answer 489

. under 14 years.

Question 490

Young person in CYPFS Act:

Answer 490

Over 14 years and under 17 years (except married or civil union).

Question 491

Only victims of s29 offences can on on the VNR (Victims Notification Register). The offence must be:

Answer 491

. 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.

Question 492

Which section of the Evidence Act 2006 gives you direction on the grounds on which evidence may be given in an alternative way?

Answer 492

.s103.

Question 493

According to the practice note on police questioning, a member of police investigating an offence may ask questions of whom?

Answer 493

. any person from whom it is thought that useful information may be obtained, whether or not that person is a suspect.

Question 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?

Answer 494

. when there is sufficient evidence to charge. when questioning them in custody.

Question 495

What does TENR stand for?

Answer 495

. threat. exposure. necessity. response.

Question 496

s7, Search and Surveillance Act enables you to:

Answer 496

. 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.

Question 497

s8, Search and Surveillance Act enables you to:

Answer 497

. 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).

Question 498

s9, Search and Surveillance Act enables you to:

Answer 498

. 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.

Question 499

You’ve stopped a vehicle under s9, Search and Surveillance Act. Which section allows you to search it?

Answer 499

.s10.

Question 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?

Answer 500

. s83, Search and Surveillance Act. only arresting officer.

Question 501

What do investigators base appropriate and accountable decision making on?

Answer 501

Appropriate and accountable decision making is based on investigators knowledge of:• The legal framework• Characteristics of crime• National policies and procedures

Question 502

Good decision are based on a process of reasoning based on what steps?

Answer 502

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

Question 503

What is the appreciation technique?

Answer 503

Aim, factors, courses open, plan

Question 504

In regards to investigation What is an aim?

Answer 504

• Short statement of intent beginning with a verb• Express clearly and concisely in definite terms

Question 505

In regards to investigation what is a factor

Answer 505

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.

Question 506

What is a short appreciation used for

Answer 506

• For urgent or pressing problems requiring immediate action• Helpful for non urgent problems that are not complicated or complex• Applicable to daily police duties

Question 507

What is a full appreciation used for

Answer 507

High level or difficult tactical or administrative problems.

Question 508

What is ‘the investigative mindset’?

Answer 508

This is an attitude/state of mind that investigators adopt and develop over time.• Values of integrity, respect, professionalism

Question 509

What are the four key areas that underpin the investigative mindset

Answer 509

• core legislation• characteristics of crime• national policies and procedures• investigative techniques

Question 510

What will the investigative mindset allow you to do?

Answer 510

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

Question 511

Name two methods of criminal investigation - explain them.

Answer 511

• reactive – starts with discovery of a crime• proactive – info or intelligence suggesting criminal activity

Question 512

Explain “material”

Answer 512

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.

Question 513

What five steps are taken to applying the investigative mindset?

Answer 513

1. Understand the source of the material2. Plan and prepare 3. Examine all material 4. Collate and record5. Evaluate

Question 514

Name three types of evaluation: What are they used for?

Answer 514

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

Question 515

What is a hypothesis?

Answer 515

A hypothesis is a buidling scenario that best explains the available material.

Question 516

What is ‘relevance’?

Answer 516

RELEVANCE (it has some bearing on the investigation)

Question 517

What is reliability

Answer 517

RELIABILITY - independent corroboration of the material that is to be used as evidence is tested

Question 518

Under the victim rights act 2002, what is a child?

Answer 518

Child is under 14 years old

Question 519

When can meetings occur between victim and offender?

Answer 519

• Victim and offender must agree to do so• It must be practical and the circumstances appropriate

Question 520

What must a victim be given asap?

Answer 520

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

Question 521

under victim privacy, what may not be given to the court?

Answer 521

The victims address or phone number

Question 522

What does S.25 say in relation to victim impact statements?

Answer 522

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.

Question 523

What does S.28 say about publishing the name of an offender?

Answer 523

S.28 victims views on application for order prohibiting publication of name of offender

Question 524

Under S.30, what must be ascertained?

Answer 524

victims views about release on bail

Question 525

What is a S.29 offence

Answer 525

one of sexual violation or other serious assault or resulted in serious injury or death, or in person being incapable,

Question 526

What must a victim of a S.29 offence be told and when?

Answer 526

must be given reasonable notice of release, or be notified asap on escape.

Question 527

What is VNR

Answer 527

Victim Notification Register

Question 528

Under S.35 a victim must be informed of what?

Answer 528

• 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.

Question 529

What are the following forms? 1065106040012839214ACSV1143

Answer 529

1065 VNR – only s.29 victims can go on this1060 Record of victim contact128 Op to Bail14A CAF392 VIS​CSV1 Service to victims

Question 530

Who is a ‘victim?

Answer 530

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.

Question 531

Victims are entitled to a support person. Under S.4 a support person is:

Answer 531

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

Question 532

What is a ‘witness?

Answer 532

A Witness is – person who gives evidence and is able to be cross-examined in a proceeding

Question 533

What is ‘frozen fright’

Answer 533

Frozen Fright – victim exhibits signs similar to shock – numbness, inactivity, fainting, nausea, vomiting, sweating, blood pressure deviation etc.

Question 534

What is fight or flight?

Answer 534

Fight or Flight – signs are hysteria, agitation, screaming, rapid speech.

Question 535

What are some long term victim reactions?

Answer 535

Long Term – Anger, fear, frustration, confusion, guilt, blame, grief, sorrow

Question 536

Under S.12 victims must be………..

Answer 536

informed of progress

Question 537

What are ‘heuristics?

Answer 537

Working rules developed through on the job learning experience.

Question 538

For any investigation you should aim to collect

Answer 538

the maximum amount of material and examine for its use

Question 539

When thinking about written appreciation which two of the following choices best describe the difference between a full and a short appreciation?

Answer 539

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.

Question 540

What are the sequential steps of the appreciation technique?

Answer 540

aim, factors, courses open, plan

Question 541

In the appreciation technique, what is a factor?

Answer 541

• a statement of truth about a known influence or circumstance

Question 542

An appreciation is the mental process, the written plan

Answer 542

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

Question 543

What is meant by an investigator’s working rules?

Answer 543

the knowledge and skills learnt from investigator experience

Question 544

What best describe an investigative mindset?

Answer 544

a principled approach to the way investigators examine material and make appropriate and reasonable decision.

Question 545

describe hypotheses and why you might use it ?

Answer 545

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

Question 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

Answer 546

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

Question 547

When and why is a CSV1 required?

Answer 547

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

Question 548

What are the two teams in a serious crime investigation?

Answer 548

1. Investigation 2. Support (also known as the Operation Headquarters Team)

Question 549

What are the factors that affect decision making? (there are 3)

Answer 549

• Individual bias - Verification bias - Availability errors

Question 550

Describe Individual bias (It is a factor affecting decision making)

Answer 550

Decision making unconsciously affected by an individual’s perceptions of people, places and situations e.g. perceptions based on prejudice, diversity, criminal record

Question 551

Describe Verification bias (It is a factor affecting decision making)

Answer 551

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.

Question 552

Describe Availability error(It is a factor affecting decision making)

Answer 552

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

Question 553

What are the four steps to the appreciation technique?

Answer 553

1. Aim or objective 2. Factors 3. Courses Open 4. Plan

Question 554

Appreciation technique: Describe Step 1: Aim or objective

Answer 554

A short statement of intent beginning with a verb. (Read page 11)

Question 555

Appreciation technique: Describe Step 2: Factors

Answer 555

A factor is a statement of truth about some known influence or circumstance. (Read page 11)

Question 556

Appreciation technique: Describe Step 3: Courses open

Answer 556

Courses open ate the options you can identify after having assessed the factors and the deductions made from the factors. (Read page 12)

Question 557

Appreciation technique: Describe Step 4: Plan

Answer 557

Select the most appropriate courses for attention and plan the action you can take. (Read page 12)

Question 558

Two forms of written appreciation:

Answer 558

Full appreciation Short appreciation

Question 559

What are the 4 key areas of knowledge, understanding and skills that underpin a good investigation?

Answer 559

• Core legislation - The characteristics of crime - National policies and procedures - Investigative techniques

Question 560

What is a reactive criminal investigation?

Answer 560

Starts with the discovery of a crime

Question 561

What is a proactive criminal investigation?

Answer 561

Starts with information or intelligence analysis indicating that an individual or a group of individuals is engaged in criminal activity

Question 562

Draw the diagram showing the stages of criminal investigations

Answer 562

Found page 15

Question 563

Does material always become evidence?

Answer 563

No

Question 564

Material attrition

Answer 564

total material gathered by an offence > the material gathered by police > material that is admissible as evidence

Question 565

What are the steps to applying the investigative mindset?There are 5 principles.

Answer 565

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

Question 566

Define hypotheses

Answer 566

A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true

Question 567

When would a full appreciation be used?

Answer 567

High level or difficult tactical or administrative problems

Question 568

When would a short appreciation be used

Answer 568

Urgent or pressing matters requiring immediate attention

Question 569

What is ‘material’?

Answer 569

substance of any kind, including information, sounds, images obtained in the course of a criminal investigation that has some bearing on any offence

Question 570

True or falseMaterial may or may not become evidence

Answer 570

True

Question 571

True or false Material gathered during a course of an investigation always becomes evidence

Answer 571

false

Question 572

What does the investigation team do?Give examples

Answer 572

Physically make enquiries to solve the case Examples: Area Canvass, General Enquiries, Passive Data Generators, suspects and persons of interest

Question 573

What does the support team do?

Answer 573

Provides support resources for the investigation team Help it organise and process the information gathered

Question 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?

Answer 574

The 2IC

Question 575

What are the two key tasks of any investigation?

Answer 575

1. Gathering and preserving information 2. Documentation

Question 576

What four things are critical to an investigative mindset?

Answer 576

• Critical thinking - decision making - the appreciation technique - Evaluation

Question 577

What are three uses material can have

Answer 577

information, intelligence, evidence

Question 578

The 2 key tasks of any investigation are

Answer 578

Gathering and preserving evidenceDocumentation

Question 579

Appropriate and accountable decision making is based on knowledge of

Answer 579

The legal frameworkCharacteristics of crimeNational policies and proceedures

Question 580

The 7 parts of making a good decision

Answer 580

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

Question 581

What is individual bias

Answer 581

Decision making that is unconsciously effected. Personal perceptions of people, places, situations etc.

Question 582

What is verification bias

Answer 582

Focussed on making decisions that support only a certain point of view and overlooking alternative lines of enquiry

Question 583

Steps in the appreciation technique

Answer 583

Develop and aim or objectiveFactors to consider Courses openDevelop a plan

Question 584

What 4 things are critical to an investigative mindset

Answer 584

Critical thinkingDecision makingAppreciation technique Evaluation

Question 585

What is ‘material’

Answer 585

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

Question 586

Potential sources of material (8)

Answer 586

VictimsWitnessesSuspectsLocationsCCTVPhonesBanksIntelligence databases

Question 587

Most common formats of material

Answer 587

StatementsDocumentsReportsPhysical exhibitsFingerprintsImagesAudio and video recordings

Question 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

Answer 588

InformationIntelligence Evidence

Question 589

A hearsay statement is admissible if:

Answer 589

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

Question 590

What is ABC

Answer 590

Assume nothingBelieve nothing Corroborate everything

Question 591

Investigation evaluation is:

Answer 591

What is/isn’t knownConflicts All available information

Question 592

Material is split up into 3 parts RRA

Answer 592

RelevanceReliability Admissibility

Question 593

Visual identification evidence

Answer 593

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

Question 594

When is/isn’t visual identification evidence admissible/inadmissible

Answer 594

Followed the formal procedure or a good reason for not followingNo good reason for not following the proceedure

Question 595

7 requirements for formal proceedures

Answer 595

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

Question 596

6 good reasons for not following a formal identification procedure

Answer 596

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

Question 597

Is a suspect required to attend a formal id parade and why?

Answer 597

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

Question 598

Initial Action

Answer 598

VictimsAppreciationWitnessesSceneExhibitsIngredientsPowersOffenders

Question 599

Appreciation

Answer 599

A proven method of problem solving. It identifies a question arising from a problem, issue or situation.Can be full, short or written

Question 600

How to do an appreciation

Answer 600

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

Question 601

Preserving scene

Answer 601

1. Identify - common approach path, powers, “scene”, SITREP2. Secure3. Preserve4. Consider 5. Record

Question 602

Search and Surveillance 116

Answer 602

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

Question 603

POL 265

Answer 603

Deceased person certificate

Question 604

POL 265A

Answer 604

Formal identification form

Question 605

Initial response to body

Answer 605

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

Question 606

File management/disclosure 10,000 series docs

Answer 606

Those where there is no justification to withhold from disclosure under 16, 17 or 18 - FWS, job sheets, transcripts

Question 607

File management/ disclosure 50,000 series docs

Answer 607

Those which may be fully or partially withheld pursuant to 16, 17 or 18 - emails, SW app, CHIS

Question 608

Good charging decision

Answer 608

Adequately reflect nature and extent of criminal conduct and provide court appropriate basis for sentence.

Question 609

Attorney general needs to consent what charges

Answer 609

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

Question 610

Solicitor General Guideline

Answer 610

All probable offences punishable by 7 yrs + should be included in charge.

Question 611

Good investigative decision

Answer 611

Acknowledge problem AnalyseObjectiveGather data/infoAlternativesPlan

Question 612

Individual bias

Answer 612

Decisions unconsciously affected by personal perceptions

Question 613

Verification bias

Answer 613

No considering alternatives as set on a vertical channel

Question 614

Availability errors

Answer 614

Focussing on what have and ignoring other evidence

Question 615

Investigative mindset

Answer 615

A disciplined approach to gathering, recording, retaining and presenting evidence

Question 616

Hearsay

Answer 616

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

Question 617

Statements of opinion

Answer 617

Admissible if opinion is necessary to enable the witness to communicate or the fact finder to understand the witness

Question 618

Expert evidence

Answer 618

Admissible if the face finder is likely to obtain substantial help from the opinion in understanding other evidence

Question 619

Improperly obtained evidence

Answer 619

Balance of probabilities that improperly obtained if any BOR breach, unfairly, inadmissible statement

Question 620

V.R.A 7

Answer 620

Treat with courtesy, compassion and respect

Question 621

V.R.A 8

Answer 621

Access to services such as welfare, health, counselling, medical and legal

Question 622

V.A.R 9

Answer 622

Restorative justice meetings to resolve

Question 623

V.R.A 11

Answer 623

Info about programmes and services

Question 624

V.R.A 12

Answer 624

Info about proceedings

Question 625

V.R.A 13

Answer 625

Limits on duties to give info under 11 and 12

Question 626

V.R.A 14

Answer 626

Info that may be given to a support person

Question 627

V.R.A 15

Answer 627

Rights under privacy act

Question 628

V.R.A 16

Answer 628

Restrictions on disclosing contact details

Question 629

V.R.A 17

Answer 629

About VIS. Defined, purpose and information to be ascertained

Question 630

V.R.A 18

Answer 630

Procedure before ascertaining VIS info. Must be true and recorded

Question 631

V.R.A 20

Answer 631

Statement from another disadvantaged

Question 632

V.R.A 21-26

Answer 632

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

Question 633

Victim

Answer 633

• 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

Question 634

Child vs young person

Answer 634

Child - Under 14 but 18 if giving evidenceYP- over 14 but under 17 (unless married/civil union)

Question 635

VHS

Answer 635

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

Question 636

VNR

Answer 636

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

Question 637

VNR and VIS and alternate evidence numbers

Answer 637

POL 1065 POL 392POL 2020

Question 638

If witness becomes suspect during interview

Answer 638

Adopt procedures for interviewing suspects including cautioning and visually recording

Question 639

P.E.A.C.E interview phases

Answer 639

Planning and prepEngage and explain Account Closure Evaluation

Question 640

Interview special considerations

Answer 640

Children and elderlyIntoxicatedTraumatised victimsIntellectual disabilities FV/sexual assault victims Communication difficulties

Question 641

ADVOKATES

Answer 641

Amount of timeDistance Visibility Obstruction Known Any reason to remember (distinguishing)Time lapseError or material discrepancySalience

Question 642

Support person for witness

Answer 642

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

Question 643

Ten II principles

Answer 643

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

Question 644

Memory process

Answer 644

Encoding > storage > retrieval

Question 645

What is the decision making reasoning sequence?

Answer 645

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

Question 646

What are three factors that can effect decision making?

Answer 646

Individual bias, Verification bias and Availability error

Question 647

What is Individual bias?

Answer 647

When one fails to recognise their unconscious perceptions of people, places or things

Question 648

What is Verification bias?

Answer 648

Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other lines of enquiry

Question 649

What is Availability error?

Answer 649

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

Question 650

What are the four steps in the Appreciation technique

Answer 650

Aim/objective, factors, courses open, plan

Question 651

Explain the meaning of ‘Aims / Objectives’

Answer 651

An aim or objective is a short statement of intent beginning with a verb

Question 652

Explain the meaning of ‘Factors’

Answer 652

A factor is a statement of truth about some known influence or circumstance

Question 653

Give examples of ‘Factors’

Answer 653

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

Question 654

Explain the meaning of ‘Courses open’

Answer 654

Courses open are the options you can identify after having assessed the factors and the deductions made from the factors.

Question 655

Explain the meaning of ‘Plan’

Answer 655

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?

Question 656

The investigation process is underpinned by four key areas of knowledge, understanding and skills in?

Answer 656

• Core legislation- Characteristics of crime- National policies and procedures- Investigative techniques

Question 657

What are the stages of criminal investigation?

Answer 657

• Instigation- Initial investigation- Investigative evaluation- Further investigation- Suspect management- Evidential evaluation- Further investigation- Charge- File preparation- Court

Question 658

What is ‘Material’?

Answer 658

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

Question 659

In terms of material, what is ‘information’?

Answer 659

Used to identify times, locations, circumstances and numbers involved in the incident

Question 660

In terms of material, what is ‘intelligence’?

Answer 660

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

Question 661

In terms of material, what is ‘evidence’?

Answer 661

If it is used in court to prove a specific point

Question 662

What are the five principles of the ‘Investigative mindset’?

Answer 662

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

Question 663

What is investigative evaluation?

Answer 663

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.

Question 664

What is evidential evaluation?

Answer 664

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.

Question 665

What is self/peer evaluation?

Answer 665

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

Question 666

Investigators usually make decisions based on ‘working rules’. What is another name for it and how is it developed?

Answer 666

Heuristics. Developed from their on the job learning experience of conducting investigations and from their colleagues

Question 667

What is the Appreciation technique?

Answer 667

It is a cognitive tool commonly used by investigators to take a disciplined approach to their decision making

Question 668

In order for material to be effective it must be?

Answer 668

Relevant, reliable and admissible

Question 669

What is a hypothesis?

Answer 669

A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true

Question 670

Victims Rights Act 2002, Section 7 - Treatment

Answer 670

Any person who deals with a victim must treat them with courtesy and compassion and respect their dignity and privacy

Question 671

Victims Rights Act 2002, Section 8 - Access

Answer 671

A victim of an offence should have access to services that address their needs, welfare, health, counselling, medical or legal

Question 672

Victims Rights Act 2002, Section 6 - Restorative Justice

Answer 672

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

Question 673

Victims Rights Act 2002, Section 11 - Inform of services

Answer 673

Police have an obligation to inform victims of services available to them

Question 674

Victims Rights Act 2002, Section 12 - Inform of process

Answer 674

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

Question 675

Victims Rights Act 2002, Section 14 - Support persons

Answer 675

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

Question 676

Victims Rights Act 2002, Section 20 - Other victims

Answer 676

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

Question 677

Victims Rights Act 2002, Section 25 - Retention of part or all of Victim Impact Statement

Answer 677

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.

Question 678

Victims Rights Act 2002, Section 29 - Informed of bail conditions

Answer 678

Victims have a right to be informed of offenders bail conditions

Question 679

Victims Rights Act 2002, Section 49 - Complaints

Answer 679

Victims have a right to complain to the IPCA if they feel they have not been afforded their rights

Question 680

Victims Rights Act 2002, Section 51 - Return of property

Answer 680

Victims property seized as evidence must be returned as soon as possible

Question 681

Which document is given to a victim eligible for the VNR?

Answer 681

POL1065

Question 682

A victim is eligible to be put on the Victims Notification Register if they are the victim of?

Answer 682

• 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

Question 683

A Victim impact statement can only be distributed by?

Answer 683

Prosecutor

Question 684

Can a Victim impact statement be disclosed to an offender?

Answer 684

Yes, only with the Victims consent

Question 685

Who is responsible for informing a S29 victim of release on bail of an accused or offender?

Answer 685

Police

Question 686

Who is responsible for informing a S29 victim of release or escape from prison detention, or of death, of an offender?

Answer 686

Department of Corrections

Question 687

Who is responsible for informing a S29 victim of cessation of, or absconding from, or death during, home detention of offender?

Answer 687

Department of Corrections

Question 688

Who is responsible for informing a S29 victim of decisions on recall orders?

Answer 688

NZ Parole Board

Question 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)?

Answer 689

Ministry of Health

Question 690

Who is responsible for informing a S29 victim of the accused or offenders possibility of deportation

Answer 690

Department of Labour

Question 691

What are the ten principles of investigative interviewing?

Answer 691

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

Question 692

What are the five stages of the Peace model?

Answer 692

1. Planning and preparing interviews2. Engage and explain3. Account4. Closure5. Evaluation

Question 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?

Answer 693

• Age, maturity- Physical, mental, psychological impairment- Trauma suffered- Fear of intimidation- Nature of proceeding / evidence- Absence or likely absence from NZ

Question 694

Always consider using a support person when the witness?

Answer 694

• 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

Question 695

Who is a witness?

Answer 695

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

Question 696

What must you do when during an interview a witness becomes a suspect?

Answer 696

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

Question 697

Chief Justice practice note one states?

Answer 697

Police may ask questions of any person but they must not be compelled to answer

Question 698

Chief Justice practice note two states

Answer 698

Before charging or questioning, caution must be given

Question 699

Chief Justice practice note three states

Answer 699

Questioning may be persistent it must not amount to cross-examination

Question 700

Chief Justice practice note four states

Answer 700

When a person is questioned about other evidence, the nature of the evidence must be fairly explained

Question 701

Chief Justice practice note five states

Answer 701

Video recording should always be the preferred method and the interviewee must be given the chance to have the interview played back to them

Question 702

The Bill of Rights Act 1990, Section 22 - Arbitrary detention

Answer 702

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

Question 703

Crimes Act powers of arrest come from what section?

Answer 703

Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed

Question 704

Summary Offences Act powers of arrest come from what section?

Answer 704

Section 39 - Good cause to suspect

Question 705

Land Transport Act powers of arrest come from what section?

Answer 705

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

Question 706

Arms Act powers of arrest come from what section?

Answer 706

Section 40 - Person in possession of a firearm refuses/fails to give correct details

Question 707

Domestic Violence Act powers of arrest come from what section?

Answer 707

Section 50 - Person suspected of breaching protection order

Question 708

A special consideration witness may be described as ‘vulnerable’. Vulnerable means?

Answer 708

Susceptible, defenceless, in a weak position

Question 709

When deciding whether to commence prosecution. What test needs to be applied?

Answer 709

The evidential test and the public interest test

Question 710

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

Answer 710

The court is provided with an appropriate basis for sentence

Question 711

The Bill of Rights Act 1990, Section 22 - Arbitrary detention

Answer 711

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

Question 712

Crimes Act powers of arrest come from what section?

Answer 712

Section 315(1) - Officer discovers offence committedSection 315(2) - Good cause to suspect the offence is committed

Question 713

Summary Offences Act powers of arrest come from what section?

Answer 713

Section 39 - Good cause to suspect

Question 714

Land Transport Act powers of arrest come from what section?

Answer 714

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

Question 715

Arms Act powers of arrest come from what section?

Answer 715

Section 40 - Person in possession of a firearm refuses/fails to give correct details

Question 716

Domestic Violence Act powers of arrest come from what section?

Answer 716

Section 50 - Person suspected of breaching protection order

Question 717

A special consideration witness may be described as ‘vulnerable’. Vulnerable means?

Answer 717

Susceptible, defenceless, in a weak position

Question 718

When deciding whether to commence prosecution. What test needs to be applied?

Answer 718

The evidential test and the public interest test

Question 719

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

Answer 719

The court is provided with an appropriate basis for sentence

Question 720

Appropriate and accountable decision making is based on an investigator’s knowledge of…(3)

Answer 720

• the legal framework- characteristics of crime- national policies and procedures

Question 721

List three factors that may adversely affect the quality of decision making.

Answer 721

• individual bias- verification bias- availability error

Question 722

List the four steps of the appreciation technique.

Answer 722

1. Aim or objective2. Factors3. Courses open4. Plan

Question 723

What is the difference between investigative and evidential evaluation of material gathered during an investigation?

Answer 723

In an investigative evaluation ALL AVAILABLE MATERIAL is evaluated. In an evidential evaluation ONLY THE EVIDENTIALLY ADMISSIBLE MATERIAL is taken into account.

Question 724

What are the two forms of written appreciation?

Answer 724

Full appreciation and short appreciation

Question 725

A written appreciation provides … and shows …

Answer 725

a record of decision making … why a certain course of action was taken.

Question 726

What are the four key words used in the Victims Rights Act to describe the way in which victims should be treated?

Answer 726

courtesy, compassion, dignity, privacy

Question 727

Who can show a victim impact statement to an offender?

Answer 727

A prosecutor, lawyer for an offender, the victim concerned or someone acting under the authority of the victim

Question 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?

Answer 728

the victim, member of court staff, police employee, probation officer, prosecutor, anyone else the judicial officer orders

Question 729

A victim is…(4)

Answer 729

• 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

Question 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

Answer 730

• 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)

Question 731

Only victims of s29 offences can go on the VNR (victim notification register). The offence must be:

Answer 731

• 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

Question 732

Which section of the Evidence Act 2006 gives direction on the grounds on which evidence may be given in an alternative way?

Answer 732

s103

Question 733

According to the practice note on police questioning, a member of police investigating an offence may ask questions of whom?

Answer 733

any person from whom it is thought that useful information may be obtained, whether or not that person is a suspect

Question 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?

Answer 734

When there is sufficient evidence to charge or when questioning them in custody.

Question 735

What does TENR stand for?

Answer 735

Threat, Exposure, Necessity, Response

Question 736

S7, Search and Surveillance Act enables you to…

Answer 736

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.

Question 737

S8, Search and Surveillance enables you to…

Answer 737

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.

Question 738

S9, Search and Surveillance enables you to…

Answer 738

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.

Question 739

You’ve stopped a vehicle under s9, Search and Surveillance Act. Which section allows you to search it?

Answer 739

s10

Question 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?

Answer 740

• s83, S&S Act- ONLY arresting officer

Question 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?

Answer 741

• s84, S&S Act- ONLY arresting officer

Question 742

What does s131, S&S Act REQUIRE you to do when you exercise power to enter and search a place/vehicle?

Answer 742

• announce intention- identify- provide evidence of authority

Question 743

What four reasons satisfy s214, CYPF Act?

Answer 743

Witness protectionEvidence protectionEnsure appearance before CourtPrevent further offending

Question 744

What are the two steps required by the Solicitor-General’s Prosecution Guidelines to make a determination as to whether to commence prosecution?

Answer 744

• The evidential test- The public interest test

Question 745

List five factors to consider as part of the ‘public interest test’.

Answer 745

• seriousness of offence- likely penalty upon conviction- circumstances of defendant- likelihood of offence being continued/repeated- circumstances of victim

Question 746

What is a good charging decision?

Answer 746

When the charges adequately reflect the nature and extent of criminal conduct and provide court with appropriate basis for sentence.

Question 747

What is the key phrase in the ‘evidential test’?

Answer 747

reasonable prospect of conviction

Question 748

Appropriate and accountable decision making is based on an investigators knowledge of: (3)

Answer 748

. the legal framework. characteristics of crime. national policies and procedures.

Question 749

Three factors that may adversely affect the quality of decision making:

Answer 749

. individual bias. verification bias. availability error.

Question 750

Four steps of the appreciation technique:

Answer 750

. aim or objective. factors. courses open. plan.

Question 751

What is the difference between investigative and evidential evaluation of material gathered during an investigation?

Answer 751

. in an investigative evaluation ALL AVAILABLE MATERIAL is evaluated. in an evidential evaluation ONLY THE EVIDENTIALLY ADMISSIBLE MATERIAL is taken into account.

Question 752

What are the two forms of written appreciation?

Answer 752

. full appreciation. short appreciation.

Question 753

A written appreciation provides …… and shows ……

Answer 753

. a record of decision making. why a certain course of action was taken.

Question 754

What are the four key works used in the Victims Rights Act to describe the way in which victims should be treated?

Answer 754

. compassion. courtesy. dignity. privacy.

Question 755

Who can show a victim impact statement to an offender?

Answer 755

. a prosecutor. lawyer for an offender. victim concerned. someone acting under the authority of the victim.

Question 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?

Answer 756

. the victim. a member of court staff. police employee. prosecutor. anyone else the judicial officer orders.

Question 757

A victim is:

Answer 757

. 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.

Question 758

Child in Victims Rights Act:

Answer 758

. boy or girl under 14 years.

Question 759

Young person in Victims Rights Act:

Answer 759

. boy or girl over 14 and under 17 years (15, 16 year olds).

Question 760

Child in Evidence Act:

Answer 760

. person under 18 years.

Question 761

Child in CYPFS Act:

Answer 761

. under 14 years.

Question 762

Young person in CYPFS Act:

Answer 762

Over 14 years and under 17 years (except married or civil union).

Question 763

Only victims of s29 offences can on on the VNR (Victims Notification Register). The offence must be:

Answer 763

. 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.

Question 764

Which section of the Evidence Act 2006 gives you direction on the grounds on which evidence may be given in an alternative way?

Answer 764

.s103.

Question 765

According to the practice note on police questioning, a member of police investigating an offence may ask questions of whom?

Answer 765

. any person from whom it is thought that useful information may be obtained, whether or not that person is a suspect.

Question 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?

Answer 766

. when there is sufficient evidence to charge. when questioning them in custody.

Question 767

What does TENR stand for?

Answer 767

. threat. exposure. necessity. response.

Question 768

s7, Search and Surveillance Act enables you to:

Answer 768

. 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.

Question 769

s8, Search and Surveillance Act enables you to:

Answer 769

. 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).

Question 770

s9, Search and Surveillance Act enables you to:

Answer 770

. 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.

Question 771

You’ve stopped a vehicle under s9, Search and Surveillance Act. Which section allows you to search it?

Answer 771

.s10.

Question 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?

Answer 772

. s83, Search and Surveillance Act. only arresting officer.

Question 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?

Answer 773

. s84, Search and Surveillance Act. only arresting officer.

Question 774

What does s131, Search and Surveillance Act REQUIRE you to do when you search a place or vehicle?

Answer 774

. announce intention. identify. provide evidence of authority.

Question 775

What four reasons satisfy s214, CYPF Act?

Answer 775

. witness protection. evidence protection. ensures appearance before court. prevent further offending.

Question 776

What are the two steps required by the Solicitor-Generals Guidelines to make a determination as to whether commence prosecution?

Answer 776

. evidential test. public interest test.

Question 777

Five factors to consider as part of the ‘public interest test’:

Answer 777

. seriousness of offence. likely penalty upon conviction. circumstances of defendant. likelihood of offence being continued/repeated. circumstances of victim.

Question 778

What is a good charging decision?

Answer 778

. when the charges adequately reflect the nature and extent of criminal conduct and provide court with appropriate basis for sentence.

Question 779

What is the key phrase in the ‘evidential test’

Answer 779

. Reasonable prospect of conviction.

Question 780

Full appreciation:

Answer 780

. A lengthy plan that is done for difficult or complex problems.

Question 781

Short appreciation:

Answer 781

. More likely to be a brief list of bullet points on a notebook page and done for urgent or less complicated problems.

Question 782

An appreciation is the mental process, the written plan……

Answer 782

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

Question 783

Working rules:

Answer 783

. the knowledge and skills learnt from investigator experience.

Question 784

Hypothesis and why you use them:

Answer 784

. hypothesis suggest explanations for a group of facts. They can be used to generate lines of enquiry.

Question 785

In the appreciation technique, what is a factor?

Answer 785

A statement of truth about a known circumstance or influence.

Question 786

Statement that best describes investigative mindset:

Answer 786

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

Question 787

For any investigation you should aim to collect what?

Answer 787

. the maximum amount of material and examine for its use.

Question 788

Police must inform victims what?

Answer 788

. they are entitled to access to welfare, health, medical or legal services.

Question 789

If not subject to orders or restrictions, can a VIS be distributed?

Answer 789

. yes.

Question 790

A victim of a s29 offence should be advised of their right to be on a VNR……

Answer 790

. at the time of the offenders arrest.

Question 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:

Answer 791

They are entitled access to welfare, health, medical or legal services.

Question 792

When and why is a CSV1 required?

Answer 792

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

Question 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.

Answer 793

True.

Question 794

The Police form that records the victims request to be notified about the bail/release/escape or absence of the offender/defendant:

Answer 794

POL1065.

Question 795

The Police form that records the effects of the crime on the Victim and others who have been disadvantaged by the offence:

Answer 795

POL392 (Victim Impact Statement).

Question 796

The Police form that records the Police referral of the victim to the Court Victim Adviser:

Answer 796

CSV1.

Question 797

The Police form that provides a record of Police contact with the victim and the actions completed:

Answer 797

POL1060.

Question 798

The Police form that records the Police opposition to a defendant’s bail and the Victims views on their safety.

Answer 798

POL128.

Question 799

What must be ascertained early in an initial interview with a victim who has been assaulted?

Answer 799

The safety of the victim and the seriousness of the offence.

Question 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?

Answer 800

Responsibility rests with the O/C case who arrests and charges the offender with the s29 offence.

Question 801

The intent of the POL1060 form is to provide:

Answer 801

Record of Police action for the on-going physical and emotional safety of a victim.

Question 802

What are the responsibilities to the victim when a Section 29 suspect is released on bail?

Answer 802

Police must advise all victims, as soon as practicable, of the outcome and conditions of any bail application.

Question 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.

Answer 803

True.

Question 804

When must a victim of a Section 29 offence be advised of their right to be on the Victim Notification System (VNR)?

Answer 804

At the time of the offenders arrest (if practicable).

Question 805

When a victim is identified, their Victim Impact Statement must be taken when the offender is due in court for sentencing:

Answer 805

False.

Question 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.

Answer 806

1) True - In relation to Police staff.2) True - Unless the victim gives consent.3) True - And they must return it to court.

Question 807

Victims Rights Act 2002 Section 29 offences are defined as:

Answer 807

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.

Question 808

How can Police ascertain if a victim of a Section 29 offence has been registered on the Victims Notification Register?

Answer 808

Query the Notifications database on the National Bulletin Board.

Question 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.

Answer 809

False.

Question 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.

Answer 810

True.

Question 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.

Answer 811

1) True.2) True.3) False.

Question 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?

Answer 812

Given Joan the POL1065, update the POL1060 and seek her views on bail to relay to the court.

Question 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:

Answer 813

True.

Question 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.

Answer 814

False.

Question 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.

Answer 815

True.

Question 816

Being on the notification register (VNR) means the victim will be notified:

Answer 816

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

Question 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.

Answer 817

True.

Question 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.

Answer 818

False.

Question 819

If a witness becomes a suspect during an interview, then the interviewer should:

Answer 819

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

Question 820

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

Answer 820

False.

Question 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.

Answer 821

True.

Question 822

When there are multiple witnessed to a serious incident/offence the investigator should:

Answer 822

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

Question 823

You should not obtain a written statement from a witness of doubtful reliability as their statement will more than likely be inadmissible.

Answer 823

False.

Question 824

When planning an interview with a special consideration witness (vulnerable) the investigator should:

Answer 824

Consult a supervisor to make decisions about the interview.

Question 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.

Answer 825

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

Question 826

Should a person who is intoxicated at interview be treated as a special consideration witness?

Answer 826

Yes because their ability to give accurate information is affected.

Question 827

A special consideration witness is one who:

Answer 827

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

Question 828

In general, should an investigator regard a child or youth under the age of 18 years a special consideration witness?

Answer 828

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

Question 829

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

Answer 829

Ensure their well-being and support their understanding of what is happening.

Question 830

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

Answer 830

Susceptible, defenceless, in a weak position.

Question 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:

Answer 831

Consider their concerns, assess their reasons, discuss with your supervisor if a visually recorded interview is required.

Question 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.

Answer 832

1) True.2) True.3) True.4) True.

Question 833

When deciding whether to commence prosecution by laying charges, which of the following tests must be applied?

Answer 833

The evidential test and the public interest test.

Question 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:

Answer 834

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

Question 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.

Answer 835

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

Question 836

Property taken from a person who is arrested or lawfully detained:

Answer 836

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.

Question 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.

Answer 837

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

Question 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.

Answer 838

1) True.2) True.3) True.4) True.

Question 839

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

Answer 839

The court is provided with an appropriate basis for sentence.

Question 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.

Answer 840

1) True.2) True.3) True.4) True.

Question 841

For a serious crime investigation there are two team, what are they?

Answer 841

The investigation team and the support team.

Question 842

What does the investigation team do?

Answer 842

Physically make enquiries to solve the case.

Question 843

What are the phases and investigation is divided into for the investigation team?

Answer 843

Area Canvas, General Enquiries, Passive Data Generators, and Suspects and person of interest.

Question 844

What does the support team do?

Answer 844

Provides support resources for the investigation team, to help organise and process the information gathered.

Question 845

What are the two key tasks of an investigator?

Answer 845

1. Gathering and preserving evidence, and2. Documentation.

Question 846

Investigators have to have good decision making. Appropriate and accountable decision making is based on an investigators knowledge of what?

Answer 846

• The legal framework- Characteristics of crime- National policies and procedures

Question 847

Good decisions are based on a 7 step sequence, what is step 1?

Answer 847

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?

Question 848

Good decisions are based on a 7 step sequence, what is step 2?

Answer 848

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?

Question 849

Good decisions are based on a 7 step sequence, what is step 3?

Answer 849

Formulate a clear objective. Ask:- What are we aiming to achieve?

Question 850

Good decisions are based on a 7 step sequence, what is step 4?

Answer 850

Gather all the data and information required to determine the ways in which the aim might be achieved.

Question 851

Good decisions are based on a 7 step sequence, what is step 5?

Answer 851

Draw up a list, based on the information, of all the possible ways in which the aim might be achieved.

Question 852

Good decisions are based on a 7 step sequence, what is step 6?

Answer 852

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?

Question 853

Good decisions are based on a 7 step sequence, what is step 7?

Answer 853

Prepare a plan for putting the selected course into action.

Question 854

There are some factors an investigator needs to take into account which can affect their decision making, what are these factors?

Answer 854

• Individual Bias- Verification Bias- Availability Bias

Question 855

What is Individual bias?

Answer 855

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.

Question 856

What is Verification bias?

Answer 856

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.

Question 857

What is Availability bias?

Answer 857

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.

Question 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?

Answer 858

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.

Question 859

What is step 2 of the appreciation technique?

Answer 859

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.

Question 860

What are some of the possible factors you should consider?

Answer 860

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

Question 861

What should you do when you have listed all your factors?

Answer 861

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.

Question 862

What is step 3 of the appreciation technique?

Answer 862

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”.

Question 863

What is step 4 of the appreciation technique?

Answer 863

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?

Question 864

There are two written forms of an appreciation, what are they?

Answer 864

• Full appreciation- Short appreciation

Question 865

What is a full appreciation?

Answer 865

A full appreciation is most often for high-level or difficult tactical or administrative problems.

Question 866

What is a short appreciation?

Answer 866

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.

Question 867

Why should you complete a written appreciation?

Answer 867

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.

Question 868

When carrying out a short appreciation what should you write down?

Answer 868

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.

Question 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?

Answer 869

• Critical thinking- Decision making- The appreciation technique- EvaluationUse an investigative mindset throughout all stages of an investigation.

Question 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?

Answer 870

Respect, integrity, and professionalism are inherent in the investigative mindset.

Question 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?

Answer 871

• Core legislation- The characteristics of crime (nature of crime and criminal behaviour)- National policies and procedures- Investigative techniques.

Question 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?

Answer 872

• 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

Question 873

When carrying out a criminal investigation we talk about gathering material. What is material and what are some examples?

Answer 873

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.

Question 874

There are a number of potential sources from which material is gathered, what are some of the sources?

Answer 874

• 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.

Question 875

In practice the most common forms of material are what?

Answer 875

• Statements- Documents- Reports- Physical exhibits such as weapons, clothing, stolen goods and biological or chemical material- Fingerprints- Images- Audio or video recordings.

Question 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?

Answer 876

• Information- Intelligence- Evidential

Question 877

When considering admissibility of evidence with regards to Part 2 of the Evidence Act 2006, what types of evidence does this cover?

Answer 877

• Hearsay- Statements of opinion- Expert evidence- Improperly obtained material

Question 878

When gathering material why is important to gather all types of material even when it might not be admissible as evidence?

Answer 878

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.

Question 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?

Answer 879

To maximise its quality and to avoid contamination.

Question 880

What are the sources of material you should consider when starting a routine inquiry?

Answer 880

• Re-interview the witness/complainant- Information sources - NIA, Intel office- Local and government agencies- Private businesses- Scene examination.

Question 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?

Answer 881

• 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.

Question 882

Each source of material must be closely scrutinised. Therefore, as part of the collection process you must ensure what?

Answer 882

• 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.

Question 883

Material examination is usually divided into three areas, what are the three areas?

Answer 883

• Interpret- Clarify- ChallengeThe extent to which any area is relevant to a particular examination is determined by the material source and its characteristics.

Question 884

With reference to material examination, what does interpret mean?

Answer 884

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.

Question 885

With reference to material examination, what does clarify mean?

Answer 885

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.

Question 886

With reference to material examination, what does challenge mean?

Answer 886

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.

Question 887

When challenging material what does the acronym ABC mean?

Answer 887

A - Assume nothingB - Believe nothingC - Corroborate everything

Question 888

Following the examination of a source of material, decisions must be made about what?

Answer 888

• Examination records needed- Storage required- Security- Access- Conditions to be addressed for disclosure.

Question 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?

Answer 889

• 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.

Question 890

Applying the investigative mindset to the collection of material ensures what?

Answer 890

• 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.

Question 891

What are the three types of formal evaluation in an investigative mindset?

Answer 891

• Investigative evaluation- Evidential evaluation- Self and peer evaluation

Question 892

Investigative evaluation is undertake to determine what?

Answer 892

• What is known- What is not known- Consistencies- Conflicts

Question 893

Evidential evaluation considers what?

Answer 893

• The overall strength of the case- Whether sufficient evidence exists against the offender to proceed to charge.

Question 894

Self/Peer evaluation is done to address what?

Answer 894

• Review of assumptions and decision making- Records organisation and management- Information communication and dissemination- Lessons learnt

Question 895

Visual identification evidence means evidence that is what?

Answer 895

• 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.

Question 896

What are the formal visual identification procedures?

Answer 896

• ID parade- Photo line-ups

Question 897

What are the seven requirements for formal visual identification procedure?

Answer 897

• 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.

Question 898

What are the six good reasons for not following a formal visual identification procedure?

Answer 898

• 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.

Question 899

What should you do if you wish to carry out a photo line up but do not have a photograph of the suspect?

Answer 899

Request that the suspect allow you to take their photograph.

Question 900

What should you do if a suspect refused to have their photograph taken for formal identification, and there are no current photographs?

Answer 900

Document the refusal and make a note on the file for the reason as to why no formal identification procedure was followed.

Question 901

Before conducting an identification parade you must select other participants, what are four rules to follow when selecting them?

Answer 901

• 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

Question 902

When conducting an an identification parade you must advise the suspect of what?

Answer 902

• 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

Question 903

When conducting an an identification parade the witness must not be what?

Answer 903

• 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.

Question 904

What should you do if the witness does not feel able to face the participants directly?

Answer 904

Use a one-way glass viewing facility where available

Question 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?

Answer 905

• Wear or remove their hats- Speak- Walk individually

Question 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?

Answer 906

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.

Question 907

When conducting an an identification parade what must you ask the suspect?

Answer 907

• 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.

Question 908

When conducting an an identification parade there are five things you must do with the witness, what are they?

Answer 908

• 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

Question 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?

Answer 909

Ensure that the indication is recorded.

Question 910

The O/C parade has three steps to complete once the ID parade is done, what is step 1?

Answer 910

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.

Question 911

The O/C parade has three steps to complete once the ID parade is done, what is step 2?

Answer 911

Recored the details of the witness and the participants (i.e. names, ages, address etc.) on the file or in your notebook.

Question 912

The O/C parade has three steps to complete once the ID parade is done, what is step 3?

Answer 912

Put a certified pictorial record of what the witness looked at on the file.

Question 913

Who else will the certified pictorial record be given to?

Answer 913

The judge, and the defence, but not the jury.

Question 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?

Answer 914

• 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.

Question 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?

Answer 915

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.

Question 916

When conducting a photo line-up for formal ID what are three possible issues that could effect the quality of the line-up?

Answer 916

• 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.

Question 917

For an investigation you should aim to collect

Answer 917

The maximum amount to material and examine for its use

Question 918

In the appreciation technique what is a factor

Answer 918

A statement of truth about a known influence or circumstance

Question 919

What are the sequential steps of the appreciation technique

Answer 919

AimFactorsCourse openPlan

Question 920

An appreciation is the mental process, the written plan

Answer 920

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

Question 921

What is meant by an investigators working rules

Answer 921

The knowledge and skills learnt from investigator experience

Question 922

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

Answer 922

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.

Question 923

What best describes hypotheses and why you might use them

Answer 923

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

Question 924

What statement best describes an investigative mindset

Answer 924

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

Question 925

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

Answer 925

False

Question 926

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

Answer 926

True

Question 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

Answer 927

1) Department of corrections2) NZ parole board3) Ministry of health4) Department of Labour

Question 928

Police must inform the victims that….

Answer 928

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

Question 929

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

Answer 929

True

Question 930

When and why is a CSV1 required

Answer 930

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

Question 931

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

Answer 931

The safety of the victim and the seriousness of the offence

Question 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

Answer 932

1) POL10652) POL1283) CSV14) POL3925) POL1060

Question 933

Responsibly of OC case to ensure POL1060 and CSV1 completed

Answer 933

True

Question 934

The intent of a POL1060 form is to provide

Answer 934

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

Question 935

Police responsibilities to victim when section 29 suspect released on bail

Answer 935

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

Question 936

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

Answer 936

True

Question 937

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

Answer 937

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

Question 938

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

Answer 938

At the time of offenders arrest (if practicable)

Question 939

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

Answer 939

False

Question 940

Victims rights act 2002 section 29 are defined as

Answer 940

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

Question 941

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

Answer 941

Query the notifications database on national bulletin board

Question 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

Answer 942

All true

Question 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

Answer 943

False

Question 944

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

Answer 944

True

Question 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

Answer 945

True

Question 946

A victim impact statement can be disclosed in disclosure packs

Answer 946

False

Question 947

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

Answer 947

True

Question 948

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

Answer 948

False

Question 949

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

Answer 949

True

Question 950

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

Answer 950

Give POL1065Update POL1060Seek views on bail

Question 951

Being on VNR means victim will be notified

Answer 951

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

Question 952

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

Answer 952

True

Question 953

OC responsibilities 15 year old witness giving evidence against dad

Answer 953

Report outlining giving evidence in alternative way - trueConvince them give evidence - falseConvince important of this evidence - true

Question 954

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

Answer 954

False

Question 955

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

Answer 955

True

Question 956

When there are multiple witness to serious incident the investigator should

Answer 956

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

Question 957

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

Answer 957

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

Question 958

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

Answer 958

False

Question 959

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

Answer 959

False

Question 960

Care must be taken in police interaction with a witness because

Answer 960

A witnesses needs and individual circumstances must be taken into account

Question 961

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

Answer 961

True

Question 962

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

Answer 962

Susceptible, defenceless and in a weak position

Question 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

Answer 963

1) True2) True3) False4) True5) True

Question 964

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

Answer 964

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

Question 965

A special consideration witness is one who

Answer 965

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

Question 966

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

Answer 966

Consult supervisor to make decisions about the interview

Question 967

Should intoxicated persons be treated as a special consideration

Answer 967

Yes because there ability to give accurate information is affected

Question 968

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

Answer 968

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

Question 969

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

Answer 969

Ensure their wellbeing and support there understanding of what is happening

Question 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

Answer 970

TrueTrueTrueFalse

Question 971

What public interest factors apply1) Extent victims effected2) Review of defendants professional status3) Position of trust in the circumstances4) Reparation requires prosecution support

Answer 971

All true

Question 972

Property taken from person who is arrested or lawfully detained

Answer 972

Maybe retained by custody officer

Question 973

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

Answer 973

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

Question 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

Answer 974

1) True2) True3) False4) False5) False

Question 975

When should suspect have first received caution rights

Answer 975

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

Question 976

When would evidence not be allowed. Example

Answer 976

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

Question 977

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

Answer 977

The evidential testThe public interest test

Question 978

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

Answer 978

True

Question 979

AD1) Case against person dismissed2) Arresting officer liable3) Statement inadmissible in court4) Officer face code of conduct enquirer

Answer 979

1) True2) True3) True4) False

Question 980

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

Answer 980

Likelihood of offence being repeated

Question 981

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

Answer 981

The court is provided with appropriate basis for sentencing

Question 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

Answer 982

All true

Question 983

When arresting youth what section overrides any other when making arrest

Answer 983

Section 214

Question 984

Can you misrepresent the truth

Answer 984

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

Question 985

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

Answer 985

Provide reasonable prospect of conviction

Question 986

“Working Rules” are the knowledge and skills learnt from experience

Answer 986

True

Question 987

“Hypothesis” are explanations for a group of facts and can generate further lines of enquiries

Answer 987

True

Question 988

A full appreciation is for lengthy and difficult problems

Answer 988

True

Question 989

Short appreciation is for brief or less complicated problems

Answer 989

True

Question 990

In any investigation aim to maximise the amount of material collected

Answer 990

True

Question 991

Written Plans record decision making and shows why a certain course of action was taken

Answer 991

True

Question 992

Appreciation Technique

Answer 992

AimFactorsCourses OpenPlan

Question 993

Factor is a statement of truth about some known influence or circumstance

Answer 993

True

Question 994

Investigative mindset is the principled approach to the way you examine material and make appropriate decisions

Answer 994

True

Question 995

Ascertain early the safety of the victim and the seriousness of the offence

Answer 995

True

Question 996

Must inform victim they are entitled to welfare and health services

Answer 996

True

Question 997

Victim impact statement can be distributed to defence prior to sentencing

Answer 997

True

Question 998

The O/C or a suitably tasked person can take the VIS

Answer 998

True

Question 999

POL 1060

Answer 999

Record of contact with victim

Question 1000

CSV1

Answer 1000

Referral to court victim advisor

Question 1001

POL 128

Answer 1001

Opp to Bail

Question 1002

POL 392

Answer 1002

VIS

Question 1003

POL 1065

Answer 1003

Notify if released form (VNR)

Question 1004

The agency responsible for notifying victim is those where the offender is being held

Answer 1004

True

Question 1005

CSV1 is required when there is a victim and the matter proceeds to court as victim is entitled to certain services

Answer 1005

True

Question 1006

If offence is a sec29 offence and offender released on bail you must notify all victims ASAP

Answer 1006

True

Question 1007

Must refer victims of prowlers to victim support if victim is living alone

Answer 1007

True

Question 1008

Advise victim of notification rights if sec29 offence at the time of arrest

Answer 1008

True

Question 1009

POL 1060 is to record police action/contact with victim

Answer 1009

True

Question 1010

O/C is responsible for POL1060 and CSV1

Answer 1010

True

Question 1011

VIS is due before sentencing, not on the day of

Answer 1011

True

Question 1012

O/C is responsible for POL1065 (VNR)

Answer 1012

True

Question 1013

Victim Impact Statement is not about the opinion of the victim

Answer 1013

True

Question 1014

Query the notifications database on the bullyboard for the VNR list

Answer 1014

True

Question 1015

Treat 1S family with respect

Answer 1015

True

Question 1016

VIS is not disclosed in disclosure packs

Answer 1016

True

Question 1017

A Victim does not include the family of a person charged with or convicted of an offence

Answer 1017

True

Question 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.

Answer 1018

True

Question 1019

Victims can make complaints about treatment etc

Answer 1019

True

Question 1020

Section 29 Offences are Sexual or Serious Assaults resulting in Injury, Death, Incapable or Fears for Safety of self or family.

Answer 1020

True

Question 1021

Do not have to convince witness he will be safe giving evidence

Answer 1021

True

Question 1022

VIS is not for comments of the offender or previous knowledge

Answer 1022

True

Question 1023

Explain how the VIS will be used after you have taken it

Answer 1023

True

Question 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

Answer 1024

True

Question 1025

If Victim is unsure about VNR give form (pol 1065), update pol 1060, and seek views on bail to relay to court.

Answer 1025

True

Question 1026

Provide referral if any victim is distressed

Answer 1026

True

Question 1027

O/C is responsible for VIS

Answer 1027

True

Question 1028

Obtain a statement from anyone, it doesn’t matter about reliability

Answer 1028

True

Question 1029

If multiple witnesses, separate them and conduct brief interview with each to gather details

Answer 1029

True

Question 1030

Just because the witness is compliant doesn’t mean that the information is good

Answer 1030

True

Question 1031

Notebook or job sheet a refusal to give a statement

Answer 1031

True

Question 1032

Witnesses needs and individual circumstances must be taken into account by the interviewer

Answer 1032

True

Question 1033

If a witness becomes a suspect then caution, shift to procedures for suspect interview and visually record

Answer 1033

True

Question 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

Answer 1034

True

Question 1035

When planning an interview with a special consideration witness you should consult with a supervisor to make decisions about the interview

Answer 1035

True

Question 1036

A Special Consideration Witness is one affected by the nature of the offence or has personal characteristics affecting communication

Answer 1036

True

Question 1037

Consider a drunk person as ‘special consideration witness’ because their ability to give information is affected

Answer 1037

True

Question 1038

A CYP is a special consideration witness because of their age and maturity level may mean they are vulnerable

Answer 1038

True

Question 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

Answer 1039

True

Question 1040

Vulnerable means Susceptible, defenceless, weak position

Answer 1040

True

Question 1041

If witness is distressed consider their concerns, assess their reasons and discuss with a supervisor and visually record.

Answer 1041

True

Question 1042

The role of the support person is to ensure their well-being and support their understanding

Answer 1042

True

Question 1043

If special consideration witness refuses interview you can still talk with them normally and question them to clarify

Answer 1043

True

Question 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

Answer 1044

True

Question 1045

When laying charges think about satisfying the evidential test and public interest test

Answer 1045

True

Question 1046

When you have admissible evidence, you then need to apply the public interest test to determine if prosecution is required

Answer 1046

True

Question 1047

Public Interest Factors:- extent victim affected- review defendants professional status- offer of reparation- defendants position of trust

Answer 1047

True

Question 1048

Give caution as soon as admission made

Answer 1048

True

Question 1049

Keep property if remanded and evidence

Answer 1049

True

Question 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

Answer 1050

True

Question 1051

You must factor in offenders risk to others, if will abscond, commit further offences, safeguard offenders safety and interests.

Answer 1051

True

Question 1052

Section 214 CYPFS Act overrides any other enactment in making an arrest

Answer 1052

True

Question 1053

Public Safety Factor is likelihood of offence being repeated

Answer 1053

True

Question 1054

Arbitrary Detention could result in:- civil litigation- case dismissed- inadmissible statement

Answer 1054

True

Question 1055

When applying the Evidential Test, you must consider providing a reasonable prospect of conviction

Answer 1055

True

Question 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.

Answer 1056

True

Question 1057

A good charging decision is when the court is provided with an appropriate basis for sentence

Answer 1057

True

Question 1058

If you arrest a person and then release them you can still proceed by way of summons

Answer 1058

True

Question 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

Answer 1059

True

Question 1060

The stages of criminal investigation

Answer 1060

Two methods: reactive and proactive

Question 1061

Reactive Criminal Investigation

Answer 1061

Starts with the discovery of a crime

Question 1062

Proactive Criminal Investigation

Answer 1062

Starts with the information intelligence analysis that an individual or group is engaged in criminal activity

Question 1063

What is ‘material’

Answer 1063

Is substance of any kind, including information and objects, sounds and images. That has some bearing on any offence under investigation.

Question 1064

Sources of material

Answer 1064

Victims, witnesses,suspects, locations (scenes) and CCTV recordings

Question 1065

Common formats for material

Answer 1065

Statements, documents, reports, physical exhibits,fingerprints, images and audio or visual recordings.

Question 1066

Applying the mindset for material (5 principles)

Answer 1066

1:Understand the source of material2: Plan and Prepare3:Examine all material4:Record and collate5: Evaluate

Question 1067

Evaluation of material (3 types)

Answer 1067

Investigative evaluation ( Evaluates all material)Evidential evaluation (Evaluates only admissible material)Self/peer evaluation (practice of professionals)

Question 1068

What are two key tasks of any investigation?

Answer 1068

1) gathering & preserving evidence 2) documentation

Question 1069

Appropriate & accountable decision making is based on an investigator’s knowledge of?

Answer 1069

• the legal framework- characteristics of crime- national policies and procedures

Question 1070

Good decisions are reached by a process of reasoning based on the following sequence?

Answer 1070

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

Question 1071

What are three factors that can effect decision making?

Answer 1071

1) Individual bias2) Verification bias3) Availability error

Question 1072

What is Individual bias?

Answer 1072

When one fails to recognise their inconscious perceptions of people, places or things

Question 1073

What is a Verification bias?

Answer 1073

Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other line of enquiry

Question 1074

What is Availability error?

Answer 1074

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

Question 1075

What are the four steps in the Appreciation Technique?

Answer 1075

Aim or ObjectiveFactorsCourses OpenPlan

Question 1076

Explain the meaning of “Aims \ Objective”?

Answer 1076

An aim or objective is a short statement of intent beginning with a verb

Question 1077

Explain the meaning of “Factors”?

Answer 1077

A factor is a statement of truth about some known influence or circumstance

Question 1078

Give examples of factors?

Answer 1078

the time availablepossible suspectsavailable witnessesmaterial located to datepolicy and procedure requiredknow history of partiesrecords that can be tappedthe weather at the time

Question 1079

Explain the meaning of “Courses Open”?

Answer 1079

Courses open are the options you can identify after having assessed the factors and the deductions made from the factors

Question 1080

Explain the meaning of “Plan”?

Answer 1080

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?

Question 1081

Critical to an investigative mindset is your ability to exercise. Name four things?

Answer 1081

• critical thinking- decision making- the application technique- evaluation

Question 1082

The investigation process is underpinned by four key areas of knowledge, understanding and skills in?

Answer 1082

• core legislation- characteristics of crime- national policies & procedures - investigative techniques

Question 1083

What are the stages of criminal investigation?

Answer 1083

• instigation- initial investigation- investigative evaluation- further investigation- suspect management- evidence evaluation- further investigation- charge- file preparation- court

Question 1084

What is material?

Answer 1084

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

Question 1085

Name potential sources from which material is gathered from?

Answer 1085

• victims- witnesses- suspects- locations- CCTV recordings

Question 1086

In practice the most common formats from material are?

Answer 1086

• statements- documents- reports- physical exhibits such as weapons, clothing etc- fingerprints- images- audio or video recordings

Question 1087

What are the five principals of the “investigative mindset”?

Answer 1087

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

Question 1088

What is investigative evaluation?

Answer 1088

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.

Question 1089

What is a evidential evaluation?

Answer 1089

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

Question 1090

What is self/peer evaluation?

Answer 1090

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

Question 1091

What is the appreciation technique?

Answer 1091

It is a cognitive tool commonly uses by investigators to take a disciplined approach to their decision making

Question 1092

In order for material to be effective it must be?

Answer 1092

Relevant, reliable and admissible

Question 1093

What is hypothesis?

Answer 1093

A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true

Question 1094

Two forms of written appreciation?

Answer 1094

• Full appreciation- Short appreciation

Question 1095

Each source of material must be closely scrutinized. Therefore, as part of the collection process you must ensure four things?

Answer 1095

• 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

Question 1096

Material examination is divided into three areas?

Answer 1096

1. Interpret2. Clarify3. Challenge - Assume nothing - Believe nothing - Challenge everything

Question 1097

Self and peer test is a criminal component of ?

Answer 1097

Practice of Professionals

Question 1098

A formal procedure is a procedure for obtaining visual identification evidence that meets what seven requirements?

Answer 1098

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

Question 1099

Name six reasons why a Formal Procedure can not be completed?

Answer 1099

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