Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

INV > 102 > Flashcards

102 Flashcards

1
Q

When a person in authority uses the authority to restrict the movement of another

When person detained for questioning without understanding they free to go

When person detained under enactment and exercises there right to science

A

Arrest

Arbitrary detention

Lawful detention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

You can arrest a suspect for the purpose of interviewing them to gather info

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

A person “in custody” when

A

The words of arrest and physical touch clearly signals the person is not free

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

During interview suspects admits involvement but changes mind about continuing interview

A

Should you have given rights when changed mind - YES

Can he refuse a video/audio record - YES

Should you have cautioned at the start of interview - NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

If a person is arrested for an offence you CANNOT interview them because they must appear before the court as soon as possible

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

S24 NZ Bill of Rights Act 1995

A person shall be released on reasonable terms and conditions unless there is just cause for detention…

Who does this apply for

A

A person CHARGED with an offence and PROCESSED accordingly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Arbitrary detention in the case of R v Goodwin is

A

When the WORDS or CONDUCT of an officer cause a PERSON to believe that he or she is not free to go

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Police have NO power to detain a suspect for questioning without arrest or lawful detention

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

A statement made by a defendant is admissible against a co defendant in the proceedings

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

S103 Evidence Act 2006

The judge must have regard to whether the alternative way of giving evidence will

A

Promote the complainants recovery from the alleged offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When deciding to exclude a statement.

Numbers of questions put to the defendant about offence

Pertinent characteristics of the defendant including any mental intellectual

Physical or mental condition of the defendant when statement made

A

False

True

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Standard of proof for OPPRESSION

A

Beyond reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is evidence improperly obtained.

During interviewing with new immigrant the interviewer

A

Does not ensure the suspect really understands his rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Two reasons why application for video record of interview to be played as his evidence in chief

A

Badly affected by the event and can’t sleep

Be overseas on a planned holiday at time of trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Evidence is improperly obtained if it is

A

Is obtained unfairly or unlawfully

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

A judge must exclude a statement when he is satisfied on the balance of probabilities that circumstances which the statement was given adversely affected its reliability

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Complainant victim of sexual abuse by dad

Relationship between complainant and defendant

Sexual nature of alleged ongoing offending

Trauma suffered over 15 years

A

All true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Interview record that has been improperly obtained (example)

A

Repeatably asks for a lawyer but the interview continues without one

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

An application for alternative way of presenting evidence may only be made if the witness is a child, a victim of sexual assault or a member of their family

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When deciding if evidence improperly obtained what considerations must a judge made (two examples)

A

The importance of the right breached and the seriousness of the intrusion on it

Whether the improperly was necessary to avoid physical danger to the police or others

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the standard of proof for improperly obtained

A

Balance of probabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

An example of inadmissible statement could be a video record showing the suspect is

Affected by drugs or alcohol at time of interview

Confused by interviewers rhetorical questioning

Pretty missed court outcome in return for information

A

All yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Representation refers to the behaviour of the interviewer who

A

Promises a favour in return for a required actions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Decision about admissibility

Characteristics of suspect such as mental, intellectual or physical disability are only taken into account of they are VISIBLY PRESENT at time of interview

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

S29 Evidence Act 2006

Oppression defined as

A

Threats, degrading treatment or violence to the defendant or any other person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

As defined by Evidence Act 2006

A statement is limited to a written or verbal assertion by a person on any matter

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What will affect reliability of suspect interview (example)

A

Suspect is tired and clearly unwell but is not offered an interview break

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Person considered most appropriate to support CYP

A

An adult member of their family or whanau

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

CYP wants father who is out of district to be nominated person. What is most appropriate…

A

Advise father of the circumstances and make enquires about availability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

May NOT be nominated person even though CYP specifically requests

A

A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with CYP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

If circumstances where CYP has bad English and does not seem to understand you

A

Give him the rights caution with reasonable dilligence to gain his understanding

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

When CYP wants nominated person who is also a witness

A

Conduct witness interview to determine if the person is suitable of the role of nominated person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

When giving advice to CYP NOT under arrest you should tell them

A

Refuse to give their correct name and address they can he arrested

Consent to acc many can be withdrawn at anytime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

S2 CYPF Act 1989

Definition of…

A child

A young person

A

10-13

14-16

36
Q

When cautioning a CYP you must ensure that all ________ you give is provided in a language an _________ that the CYP can __________

A

Advice, manner, understand

37
Q

Which of the following person would NOT be considered suitable for the role of nominated person

A

A close friend or classmate nominated by the CYP

38
Q

Spontaneous admission of CYP is admissible

A

His confession is admissible but must be cautioned ASAP

39
Q

When do you caution a youth

A

Before asking any questions intended to obtain an admission

40
Q

Before interviewing CYP you must ensure they understand

A

That you are obliged to inform parents or guardian of the interview and of any proceedings that may occur

That she does not have to say or tell anything and if they do decide to talk they can change mind at any time

41
Q

CYP suspected offence, refuses to give name, your caution should make them understand

A

You can arrest him if he continues to refuse to give you his name and address

42
Q

Do you meet CYP obligations by saying “do you understand”

A

False

43
Q

If nominated person chosen by CYP cannot be located with reasonable diligence you should ask CYP to chose another

A

True

44
Q

CYP picked someone other than parent there is NO need to inform parent

A

False

45
Q

Police must advise nominated person of the rights of CYP who is suspected of offence prior to interview

A

True

46
Q

You MUST fairly inform CYP of right to lawyer or nominated person with them while answer questions or make statement

A

True

47
Q

An interviewer may persist in their questioning when the account given by the suspect is inconsistent and contradictory

A

True

48
Q

Interviewing suspect

Sequence or phrases, starting with key words

A

You said…. We have….. Explain that

49
Q

Guideline 1 of CJPN

A

You must not suggest through words or actions that a person must answer your questions

50
Q

When interviewing a person suspected of committing an offence, when should you caution be administered

A

When you have sufficient evidence to charge a person with an offence

51
Q

Persistent questioning is generally accepted interviewer behaviour while cross examination can be regarded as inappropriate behaviour

A

True

52
Q

All suspect interviews should be recorded by video

A

True

53
Q

If a suspect right to lawyer cannot be facilitated immediately, what action is required

A

Advise suspect of that fact and the reason for delay

54
Q

When cautioning suspect you are NOT obliged to inform the suspect that

A

They can decide with a lawyer whether to go on video or not

55
Q

Persistent refers to interviewer behaviour and means

A

Asking questions in a manner that will stand up to scrutiny in court

56
Q

Lock offender up and interview. Put in cells and find they are suspect to other offences.

CJPN guideline 2 says you should

A

Interview again on video. Caution again and question about new alligations

57
Q

According to CJPN guideline 4, when questioning a suspect about statements made by witness you should

A

Explain the substance or nature of the witness statement to them

58
Q

The CJPN on police questioning

A

Directs the conduct of police interviewing practise as guided by judiciary

59
Q

In relation to cross examination. What is it?

A

Questions aimed to establish further facts from answers given are acceptable

60
Q

Preference to video record interviews only applies to category 1 and 2 offences

A

False

61
Q

Guideline 5 direct after interviewing suspect should be given opportunity to review and….

A

Sign that they have read and agree

Make additions

Correct errors

62
Q

During interview begin to probe inconsistencies then saws not prepared to answer anything else but continues to answer questions. What part of interview is admissible

A

No, I’m not the part before the suspect claimed there right to silence is admissible

63
Q

Decide not to speak whilst in interview. You should

A

Inform of the allegations against him

And record his response

64
Q

At interview you are under no obligation to advise suspect of everything you know before asking there side of events

A

True

65
Q

Correctly informing the suspect of the caution at the beginning of the interview ensure that the interview recorded will be admissible

A

False

66
Q

When investigating offence you may ask anyone with whom it is thought might have useful information but they are under no obligation to answer

A

True

67
Q

Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable

A

Challenging the interviewer on the validity of the alligations

68
Q

Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable

A

Answering the interviewers questions on behalf of the client

69
Q

Is a parent entitled to an explanation of the charges against there child

A

Yes. The enforcement officer should inform on the nature of the charges asap

70
Q

Lawyer and client in interview room and want video machine turned off. What response should you give

A

The machine will be turned of immediately as requested

71
Q

Suspect wants to make a complaint against cop during interview. Should the suspects complaint affect the interview process

A

Yes. The complaint should be noted on video and the suspect told that they will be referred to a senior officer following the interview

72
Q

Was it a green car? Is what type of question

A

Closed

73
Q

What statement is incorrect

A written statement for a witness interview

A

Can not include slang, swearing or colloquialisms as it is a legal document

74
Q

If a suspect signed notebook then there is no need to refer to these events on video

A

False

75
Q

When a witness has provided a description that matches the suspect. The best way to present this as a challenge during suspect interview is to say

A

Just that

76
Q

A question that seeks to clarify information given

A question that can influence the witness answer

A question that can be answered with a yes or no

A

Probing

Leading

Closed

77
Q

Was the car you saw driving off a station wagon is an example of what type of question

A

Leading

78
Q

“Off the record” statement is evidence it is likely the court will

A

Make you honour that promise and rule evidence inadmissible

79
Q

Suspect agrees to interview but says “if you keep that video running I won’t say anything” what should you do

A

Explain the advantages of visually recorded interview and say he has the option of preparing a written statement

80
Q

What statement incorrect

A witness in free recall interview

A

Should be challenged following their first free recall

81
Q

What statement about free recall model is generally true

A

Does not include a challenge phase

82
Q

When a video tape of an adult witness interview is used as evidence in chief then the OC must ensure

A

The witness has viewed the video and given there signed consent for it to be used

83
Q

You say they should tell you all they know in as much detail as possible, everything that comes to mind.

You say they should do all the talking as you don’t know what happened and that they should correct you

You say you understand considerable focused effort instructed that this maybe difficult

A

Report everything

Take control

Concentrate

84
Q

What shouldn’t you do if a male refuses to leave cell to do an interview

A

An interview can proceed without his consent

85
Q

Statement about probing question is incorrect

A

Probing questions are the preferred way to start a suspect interview

INV (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions