102 Flashcards
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
Arrest
Arbitrary detention
Lawful detention
You can arrest a suspect for the purpose of interviewing them to gather info
False
A person “in custody” when
The words of arrest and physical touch clearly signals the person is not free
During interview suspects admits involvement but changes mind about continuing interview
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
If a person is arrested for an offence you CANNOT interview them because they must appear before the court as soon as possible
False
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 person CHARGED with an offence and PROCESSED accordingly
Arbitrary detention in the case of R v Goodwin is
When the WORDS or CONDUCT of an officer cause a PERSON to believe that he or she is not free to go
Police have NO power to detain a suspect for questioning without arrest or lawful detention
True
A statement made by a defendant is admissible against a co defendant in the proceedings
False
S103 Evidence Act 2006
The judge must have regard to whether the alternative way of giving evidence will
Promote the complainants recovery from the alleged offence
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
False
True
True
Standard of proof for OPPRESSION
Beyond reasonable doubt
What is evidence improperly obtained.
During interviewing with new immigrant the interviewer
Does not ensure the suspect really understands his rights
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant
True
Two reasons why application for video record of interview to be played as his evidence in chief
Badly affected by the event and can’t sleep
Be overseas on a planned holiday at time of trial
Evidence is improperly obtained if it is
Is obtained unfairly or unlawfully
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
True
Complainant victim of sexual abuse by dad
Relationship between complainant and defendant
Sexual nature of alleged ongoing offending
Trauma suffered over 15 years
All true
Interview record that has been improperly obtained (example)
Repeatably asks for a lawyer but the interview continues without one
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
False
When deciding if evidence improperly obtained what considerations must a judge made (two examples)
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
What is the standard of proof for improperly obtained
Balance of probabilities
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
All yes
Representation refers to the behaviour of the interviewer who
Promises a favour in return for a required actions
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
False
S29 Evidence Act 2006
Oppression defined as
Threats, degrading treatment or violence to the defendant or any other person
As defined by Evidence Act 2006
A statement is limited to a written or verbal assertion by a person on any matter
False
What will affect reliability of suspect interview (example)
Suspect is tired and clearly unwell but is not offered an interview break
Person considered most appropriate to support CYP
An adult member of their family or whanau
CYP wants father who is out of district to be nominated person. What is most appropriate…
Advise father of the circumstances and make enquires about availability
May NOT be nominated person even though CYP specifically requests
A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with CYP
If circumstances where CYP has bad English and does not seem to understand you
Give him the rights caution with reasonable dilligence to gain his understanding
When CYP wants nominated person who is also a witness
Conduct witness interview to determine if the person is suitable of the role of nominated person
When giving advice to CYP NOT under arrest you should tell them
Refuse to give their correct name and address they can he arrested
Consent to acc many can be withdrawn at anytime
S2 CYPF Act 1989
Definition of…
A child
A young person
10-13
14-16
When cautioning a CYP you must ensure that all ________ you give is provided in a language an _________ that the CYP can __________
Advice, manner, understand
Which of the following person would NOT be considered suitable for the role of nominated person
A close friend or classmate nominated by the CYP
Spontaneous admission of CYP is admissible
His confession is admissible but must be cautioned ASAP
When do you caution a youth
Before asking any questions intended to obtain an admission
Before interviewing CYP you must ensure they understand
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
CYP suspected offence, refuses to give name, your caution should make them understand
You can arrest him if he continues to refuse to give you his name and address
Do you meet CYP obligations by saying “do you understand”
False
If nominated person chosen by CYP cannot be located with reasonable diligence you should ask CYP to chose another
True
CYP picked someone other than parent there is NO need to inform parent
False
Police must advise nominated person of the rights of CYP who is suspected of offence prior to interview
True
You MUST fairly inform CYP of right to lawyer or nominated person with them while answer questions or make statement
True
An interviewer may persist in their questioning when the account given by the suspect is inconsistent and contradictory
True
Interviewing suspect
Sequence or phrases, starting with key words
You said…. We have….. Explain that
Guideline 1 of CJPN
You must not suggest through words or actions that a person must answer your questions
When interviewing a person suspected of committing an offence, when should you caution be administered
When you have sufficient evidence to charge a person with an offence
Persistent questioning is generally accepted interviewer behaviour while cross examination can be regarded as inappropriate behaviour
True
All suspect interviews should be recorded by video
True
If a suspect right to lawyer cannot be facilitated immediately, what action is required
Advise suspect of that fact and the reason for delay
When cautioning suspect you are NOT obliged to inform the suspect that
They can decide with a lawyer whether to go on video or not
Persistent refers to interviewer behaviour and means
Asking questions in a manner that will stand up to scrutiny in court
Lock offender up and interview. Put in cells and find they are suspect to other offences.
CJPN guideline 2 says you should
Interview again on video. Caution again and question about new alligations
According to CJPN guideline 4, when questioning a suspect about statements made by witness you should
Explain the substance or nature of the witness statement to them
The CJPN on police questioning
Directs the conduct of police interviewing practise as guided by judiciary
In relation to cross examination. What is it?
Questions aimed to establish further facts from answers given are acceptable
Preference to video record interviews only applies to category 1 and 2 offences
False
Guideline 5 direct after interviewing suspect should be given opportunity to review and….
Sign that they have read and agree
Make additions
Correct errors
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
No, I’m not the part before the suspect claimed there right to silence is admissible
Decide not to speak whilst in interview. You should
Inform of the allegations against him
And record his response
At interview you are under no obligation to advise suspect of everything you know before asking there side of events
True
Correctly informing the suspect of the caution at the beginning of the interview ensure that the interview recorded will be admissible
False
When investigating offence you may ask anyone with whom it is thought might have useful information but they are under no obligation to answer
True
Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable
Challenging the interviewer on the validity of the alligations
Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable
Answering the interviewers questions on behalf of the client
Is a parent entitled to an explanation of the charges against there child
Yes. The enforcement officer should inform on the nature of the charges asap
Lawyer and client in interview room and want video machine turned off. What response should you give
The machine will be turned of immediately as requested
Suspect wants to make a complaint against cop during interview. Should the suspects complaint affect the interview process
Yes. The complaint should be noted on video and the suspect told that they will be referred to a senior officer following the interview
Was it a green car? Is what type of question
Closed
What statement is incorrect
A written statement for a witness interview
Can not include slang, swearing or colloquialisms as it is a legal document
If a suspect signed notebook then there is no need to refer to these events on video
False
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
Just that
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
Probing
Leading
Closed
Was the car you saw driving off a station wagon is an example of what type of question
Leading
“Off the record” statement is evidence it is likely the court will
Make you honour that promise and rule evidence inadmissible
Suspect agrees to interview but says “if you keep that video running I won’t say anything” what should you do
Explain the advantages of visually recorded interview and say he has the option of preparing a written statement
What statement incorrect
A witness in free recall interview
Should be challenged following their first free recall
What statement about free recall model is generally true
Does not include a challenge phase
When a video tape of an adult witness interview is used as evidence in chief then the OC must ensure
The witness has viewed the video and given there signed consent for it to be used
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
Report everything
Take control
Concentrate
What shouldn’t you do if a male refuses to leave cell to do an interview
An interview can proceed without his consent
Statement about probing question is incorrect
Probing questions are the preferred way to start a suspect interview
