102

Question 1

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

Answer 1

Arrest

Arbitrary detention

Lawful detention

Question 2

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

Answer 2

False

Question 3

A person “in custody” when

Answer 3

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

Question 4

During interview suspects admits involvement but changes mind about continuing interview

Answer 4

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

Question 5

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

Answer 5

False

Question 6

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

Answer 6

A person CHARGED with an offence and PROCESSED accordingly

Question 7

Arbitrary detention in the case of R v Goodwin is

Answer 7

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

Question 8

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

Answer 8

True

Question 9

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

Answer 9

False

Question 10

S103 Evidence Act 2006

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

Answer 10

Promote the complainants recovery from the alleged offence

Question 11

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

Answer 11

False

True

True

Question 12

Standard of proof for OPPRESSION

Answer 12

Beyond reasonable doubt

Question 13

What is evidence improperly obtained.

During interviewing with new immigrant the interviewer

Answer 13

Does not ensure the suspect really understands his rights

Question 14

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

Answer 14

True

Question 15

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

Answer 15

Badly affected by the event and can’t sleep

Be overseas on a planned holiday at time of trial

Question 16

Evidence is improperly obtained if it is

Answer 16

Is obtained unfairly or unlawfully

Question 17

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

Answer 17

True

Question 18

Complainant victim of sexual abuse by dad

Relationship between complainant and defendant

Sexual nature of alleged ongoing offending

Trauma suffered over 15 years

Answer 18

All true

Question 19

Interview record that has been improperly obtained (example)

Answer 19

Repeatably asks for a lawyer but the interview continues without one

Question 20

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

Answer 20

False

Question 21

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

Answer 21

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

Question 22

What is the standard of proof for improperly obtained

Answer 22

Balance of probabilities

Question 23

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

Answer 23

All yes

Question 24

Representation refers to the behaviour of the interviewer who

Answer 24

Promises a favour in return for a required actions

Question 25

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

Answer 25

False

Question 26

S29 Evidence Act 2006 Oppression defined as

Answer 26

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

Question 27

As defined by Evidence Act 2006 A statement is limited to a written or verbal assertion by a person on any matter

Answer 27

False

Question 28

What will affect reliability of suspect interview (example)

Answer 28

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

Question 29

Person considered most appropriate to support CYP

Answer 29

An adult member of their family or whanau

Question 30

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

Answer 30

Advise father of the circumstances and make enquires about availability

Question 31

May NOT be nominated person even though CYP specifically requests

Answer 31

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

Question 32

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

Answer 32

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

Question 33

When CYP wants nominated person who is also a witness

Answer 33

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

Question 34

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

Answer 34

Refuse to give their correct name and address they can he arrested Consent to acc many can be withdrawn at anytime

Question 35

S2 CYPF Act 1989 Definition of... A child A young person

Answer 35

10-13 14-16

Question 36

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

Answer 36

Advice, manner, understand

Question 37

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

Answer 37

A close friend or classmate nominated by the CYP

Question 38

Spontaneous admission of CYP is admissible

Answer 38

His confession is admissible but must be cautioned ASAP

Question 39

When do you caution a youth

Answer 39

Before asking any questions intended to obtain an admission

Question 40

Before interviewing CYP you must ensure they understand

Answer 40

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

Question 41

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

Answer 41

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

Question 42

Do you meet CYP obligations by saying "do you understand"

Answer 42

False

Question 43

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

Answer 43

True

Question 44

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

Answer 44

False

Question 45

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

Answer 45

True

Question 46

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

Answer 46

True

Question 47

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

Answer 47

True

Question 48

Interviewing suspect Sequence or phrases, starting with key words

Answer 48

You said.... We have..... Explain that

Question 49

Guideline 1 of CJPN

Answer 49

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

Question 50

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

Answer 50

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

Question 51

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

Answer 51

True

Question 52

All suspect interviews should be recorded by video

Answer 52

True

Question 53

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

Answer 53

Advise suspect of that fact and the reason for delay

Question 54

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

Answer 54

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

Question 55

Persistent refers to interviewer behaviour and means

Answer 55

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

Question 56

Lock offender up and interview. Put in cells and find they are suspect to other offences. CJPN guideline 2 says you should

Answer 56

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

Question 57

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

Answer 57

Explain the substance or nature of the witness statement to them

Question 58

The CJPN on police questioning

Answer 58

Directs the conduct of police interviewing practise as guided by judiciary

Question 59

In relation to cross examination. What is it?

Answer 59

Questions aimed to establish further facts from answers given are acceptable

Question 60

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

Answer 60

False

Question 61

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

Answer 61

Sign that they have read and agree Make additions Correct errors

Question 62

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

Answer 62

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

Question 63

Decide not to speak whilst in interview. You should

Answer 63

Inform of the allegations against him | And record his response

Question 64

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

Answer 64

True

Question 65

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

Answer 65

False

Question 66

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

Answer 66

True

Question 67

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

Answer 67

Challenging the interviewer on the validity of the alligations

Question 68

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

Answer 68

Answering the interviewers questions on behalf of the client

Question 69

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

Answer 69

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

Question 70

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

Answer 70

The machine will be turned of immediately as requested

Question 71

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

Answer 71

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

Question 72

Was it a green car? Is what type of question

Answer 72

Closed

Question 73

What statement is incorrect A written statement for a witness interview

Answer 73

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

Question 74

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

Answer 74

False

Question 75

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

Answer 75

Just that

Question 76

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

Answer 76

Probing Leading Closed

Question 77

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

Answer 77

Leading

Question 78

"Off the record" statement is evidence it is likely the court will

Answer 78

Make you honour that promise and rule evidence inadmissible

Question 79

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

Answer 79

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

Question 80

What statement incorrect A witness in free recall interview

Answer 80

Should be challenged following their first free recall

Question 81

What statement about free recall model is generally true

Answer 81

Does not include a challenge phase

Question 82

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

Answer 82

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

Question 83

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

Answer 83

Report everything Take control Concentrate

Question 84

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

Answer 84

An interview can proceed without his consent

Question 85

Statement about probing question is incorrect

Answer 85

Probing questions are the preferred way to start a suspect interview