102 Flashcards
A suspect declines the services of a lawyer but although he agrees to an interview he says if you keep that video running I won’t say anything Turn the video off and get his word that he will sign your written record of the interview Continue with the video record and tell him that it’s his choice whether or not to answer your questions Explain the advantages of a visually recorded interview and say he has the option of preparing a written statement
Explain advantages -written statement
The investigative interviewer must be knowledgeable about question types and when they should be used or avoided Leading ProbingClosed A question that can influence the witness answer
Leading
The investigative interviewer must be knowledgeable about question types and when they should be used or avoided Leading ProbingClosed A question that seeks to clarify information given
Probing
The investigative interviewer must be knowledgeable about question types and when they should be used or avoided Leading ProbingClosed A question that can be answered with a yes or no
Closed
When a witness has provided a description that matches the suspect the best way to present this as a challenge during the suspect interview to sayA witness has identified you as the person who committed this offence A witness has provided details of an offender that fits your descriptionWe have evidence from witnesses that you were at the scene
Witness has provided details that fits description
When a video tape of an adult witness is to be used in evidence in chief then the Oc must ensure A support person was present in the interview room during the interview The witness has viewed the video and given their consent for it to be used All matters that may be the subject of cross-examination are covered in the video
Witness viewed video given consent
At the engage and explain stage of a witness interview the interviewer established the ground rules Match description of the information you would cover with each ground ruleConcentrate Take control Report everything You say you understand considerable focuses effort is required and that this may be difficultl
Concentrate
At the engage and explain stage of a witness interview the interviewer established the ground rules Match description of the information you would cover with each ground ruleConcentrate Take control Report everything You say they should do all the talking as you don’t know what happened and that they should correct you if you misunderstand
Take control
At the engage and explain stage of a witness interview the interviewer established the ground rules Match description of the information you would cover with each ground ruleConcentrate Take control Report everything You say they should tell you all they know in as much detail possible everything that comes to mind
Report everything
A 16yr old male, arrested for indictable offence elects his mum as a nominated person. She asks about the charges her son may face, is she entitled to knowYes, the enforcement officer should inform her of the charges but only when a lawyer is present Yes the enforcement officer should inform her of the nature of the charges ASAP No as nominated person her role is to support her son
Yes inform ASAP
A 20 year old physically resists arrest. Some time later he refuses to leave the cell for an interview An interview can proceed without his consent In these circumstances should be cautioned again Suspect interview can take place in the cells
Should be cautioned
If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the court will Make you honour the promise and rile as inadmissible Allie you description whether or not to divulge the off the record statement Require you to give evidence including the off the record statement
Inadmissible
If a suspect has signed your notebook that they agree with your record of the events that occurred prior to the interview then there is no need to refer to these events on video
False
According to the investigative interviewing doctrine which of the following statements about probing questions is correct An interviewer must follow a witness account with probing questions An interviewer should initiate a suspect account with probing questions An interviewer should avoid asking probing questions beginning with why
Questions beginning with why
Which example is incorrectA written statement for a witness interview Should ideally be recorded on police investigative interviewing form ii ws Can not include slang swearing or colloquialisms Must record chronological order
Can not include slang etc
An investigative interviewer knows when to use and when to avoid certain types of questions Was the car you saw driving off a station wagon - what type of question? Open LeadingProbing
Leading
During an interview the suspect alleges another officer had been stopping him unnecessarily and he wants to make a complaint Should a suspect complaint affect the interview process No the interview may use their discretion to continue the interview and overlook the complaint Yes the complaint should be noted on video and the suspect told that they will be referred to a senior officer following the interviewYes the interview must be stopped and the complaint details recorded and appropriately address
Yes, complaint should be noted senior officer following
Which of the following behaviours demonstrated by a lawyer at interview would Ge unacceptable Challenging a question put to their client that they believed improper Challenging the interviewer on the validity of the allegations Challenging the manner in which a question is put to the client
Validity of the allegations
An investigative interviewer knows when to use and when to avoid certain types of questions as they may affect. The quality and quantity of information given Was it a green car? Is what type of question Probing Closed Open
Closed
Probing or closed questions are ones that encourage only a relatively small range of responses usually a short word or phrase According to the material in the investigative interviewing doctrine, which of the following statements about probing questions would be incorrect Probing questions are the preferred way to start a suspect interview Probing questions are used to get detail from the suspect or witnessProbing questions usually begin with 5 W & H
Preferred way to start interview
Which of the following statement is incorrect A witness free recall interview Can be asked to make a sketch plan or drawing Should begin their account following a teds type questing Should be challenged following their first for account
Should be challenged
Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable Answering interviewers questions on behalf of client Giving their client competent legal advise Challenging the manner in which a questions posed to their client
Answering questions
On being shown to the stations interviewing room to consult with her client a lawyer complains that a video machine is on and can be ministered from an adjacent room. She refers to the clients right right to consult in private and requests the video machine is turned off. What response should she receive. Authorisation must be obtained from a senior officer She must make this request in writing for the case recordThe machine will be turned off immediately as requested
Machine turned off immediately
Cross examination of persons in custody
Questions of a person in custody or in respect of whom there is sufficient evidence to lay a charge must not amount to cross examination
Investigative important topics (5)
Intent (mens rea)Action (actus reus) MethodDefencesIdentity
Final Closure - the 3 “Ps”
PolitePositiveProsepective
Which of the following statements about the free recall model is generally true When using the FR model the interviewer: Does not explain the ground rules Does not include a challenge phase Dies not ask probing questions
Not include challenge phase
Bill of Rights, Section 22, Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained
BOR, Section 23, rights of persons arrested or detained
Shall be informed at the time of arrest or detention and the reason for itConsult and instruct a lawyer Shall have the validity of the arrest or detention determined without delay, otherwise releasedCharged promptly or be releasedBrought before the courts ASAPRight from refrain from making a statement Treated with humanity and respect
BOR, Section 24, rights of persons charged
Informed promptly of nature and cause of chargeShall be released on reasonable terms and conditions unless cause for continued detentionRight to consult and instruct a lawyerRight to have adequate time and facilities to prepare a defenceRight to receive legal assistance without costs Right to have free assistance of an interpreter
When is a person in corrections custody
In prisonIn Custody at CourtIn Police custody when station is being used as a temporary jailIn police custody having being remanded and en route to or from a DOC prison
When should I repeat the caution/rights?
If the advise was given before the suspect was arrested or detained, must be repeated when suspect is arrested or detainedAfter a lengthy break in an interviewWhen interviewing them about an unrelated offence or the circumstances of the offence change
Improperly obtained evidence - what is regarded for it to be admissable
The importance of the right breached by the impropriety and the seriousness of the intrusion of itThe nature of the impropriety, whether it was deliberate, reckless or done in bad faithThe nature and quality of the improperly obtained evidenceThe seriousness of the offenceWhether there were other investigatory techniques not involving any breach of the rights that were known to be available but were not usedWhether there are any alternative remedies to the exclusion
Witness to give evidence in alternative way, may be made on the grounds of
Age or MaturityPhysical, intellectual psychological or psychiatric impairmenttrauma suffered by witness’fear of intimidationlinguistic or cultural backgroundnature of the proceedingsnature of the evidence witness is to giverelationship of witness to any party absence or likely absence from NZ
Witness to give evidence in alternative way, the Judge must have regard to
The fairness of the proceeding in a criminal proceeding, that there is a fair trial
Witness to give evidence in alternative way, the views of the witness
need to minimise stresspromote recovery of the complainant
Alternative ways of giving evidence
While in courtroom, but unable to see the defendant From an appropriate place outside the courtroom, wither in NZ or elsewhereBy a video record made before the hearing of the proceeding
If a video record of the witnesses evidence is to be shown at the hearing, what must the judge do
Give directions under section 103 as to the manner in which cross-examination and re-examination is to be conducted
Definition - Exculpatory Statement
An Exculpatory Statement is a statement intended to clear a person from blame
Definition - Inculpatory Statement
A statement that implicates a person in an offence, ie: admissions and confessions
Non Verbal Communication (NVC), what are spacers
Umm and ahhs
Memory Process 3 x stages
Encoding - Information is entered into memoryStorage - Once information is encoded into memory it is storedRetrieval - When recalling an event the memory must be retrieved from storage
Which interview model to use?
Generally free recall for witnesses and conversation management for suspects
What is a challenge in the conversation management model
The task of exploring the reason for evasiveness or inconsistencies with the suspect
What must Victims be informed of under the Victims Right Act 2002, Section 12?
- 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 prosecutions
Victims Right Act 2002, section 7 - treatment?
any person who deals with a victim must treat them with courtesy and compassion and respect their dignity and privacy
Victims Right Act 2002, section 8 - access?
a victim of an offence should have access to services that address their needs, welfare, health, counselling, medical or legal
Section 7 & 8 of the Victim’s Act is a Victim……………
- a person suffers emotional harm through or by means of an offence comitted by another - a parent or legal guardian who suffers emotional harm (except if they are charged/convicted/found guilty or pled guilty of offence)- a person who has experience domestic violence - a child or young person residing with a person who has experienced domestic violence
Name the Victims of section 29 offences that can be registered on the VNR?
- a sexual or serious assault - resulted in serious injury, death or a person being incapable- ongoing fears on reasonable grounds that physical safety or security for them or once or more of their family
Bill of Rights, Section 22, Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained
BOR, Section 23, rights of persons arrested or detained
Shall be informed at the time of arrest or detention and the reason for itConsult and instruct a lawyer Shall have the validity of the arrest or detention determined without delay, otherwise releasedCharged promptly or be releasedBrought before the courts ASAPRight from refrain from making a statement Treated with humanity and respect
BOR, Section 24, rights of persons charged
Informed promptly of nature and cause of chargeShall be released on reasonable terms and conditions unless cause for continued detentionRight to consult and instruct a lawyerRight to have adequate time and facilities to prepare a defenceRight to receive legal assistance without costs Right to have free assistance of an interpreter
When is a person in corrections custody
In prisonIn Custody at CourtIn Police custody when station is being used as a temporary jailIn police custody having being remanded and en route to or from a DOC prison
When should I repeat the caution/rights?
If the advise was given before the suspect was arrested or detained, must be repeated when suspect is arrested or detainedAfter a lengthy break in an interviewWhen interviewing them about an unrelated offence or the circumstances of the offence change
Improperly obtained evidence - what is regarded for it to be admissable
The importance of the right breached by the impropriety and the seriousness of the intrusion of itThe nature of the impropriety, whether it was deliberate, reckless or done in bad faithThe nature and quality of the improperly obtained evidenceThe seriousness of the offenceWhether there were other investigatory techniques not involving any breach of the rights that were known to be available but were not usedWhether there are any alternative remedies to the exclusion
Witness to give evidence in alternative way, may be made on the grounds of
Age or MaturityPhysical, intellectual psychological or psychiatric impairmenttrauma suffered by witness’fear of intimidationlinguistic or cultural backgroundnature of the proceedingsnature of the evidence witness is to giverelationship of witness to any party absence or likely absence from NZ
Witness to give evidence in alternative way, the Judge must have regard to
The fairness of the proceeding in a criminal proceeding, that there is a fair trial
Witness to give evidence in alternative way, the views of the witness
need to minimise stresspromote recovery of the complainant
Alternative ways of giving evidence
While in courtroom, but unable to see the defendant From an appropriate place outside the courtroom, wither in NZ or elsewhereBy a video record made before the hearing of the proceeding
If a video record of the witnesses evidence is to be shown at the hearing, what must the judge do
Give directions under section 103 as to the manner in which cross-examination and re-examination is to be conducted
Definition - Exculpatory Statement
An Exculpatory Statement is a statement intended to clear a person from blame
Definition - Inculpatory Statement
A statement that implicates a person in an offence, ie: admissions and confessions
Non Verbal Communication (NVC), what are spacers
Umm and ahhs
Memory Process 3 x stages
Encoding - Information is entered into memoryStorage - Once information is encoded into memory it is storedRetrieval - When recalling an event the memory must be retrieved from storage
Which interview model to use?
Generally free recall for witnesses and conversation management for suspects
What is a challenge in the conversation management model
The task of exploring the reason for evasiveness or inconsistencies with the suspect
A suspect declines the services of a lawyer but although he agrees to an interview he says if you keep that video running I won’t say anything Turn the video off and get his word that he will sign your written record of the interview Continue with the video record and tell him that it’s his choice whether or not to answer your questions Explain the advantages of a visually recorded interview and say he has the option of preparing a written statement
Explain advantages -written statement
The investigative interviewer must be knowledgeable about question types and when they should be used or avoided Leading ProbingClosed A question that can influence the witness answer
Leading
The investigative interviewer must be knowledgeable about question types and when they should be used or avoided Leading ProbingClosed A question that seeks to clarify information given
Probing
The investigative interviewer must be knowledgeable about question types and when they should be used or avoided Leading ProbingClosed A question that can be answered with a yes or no
Closed
When a witness has provided a description that matches the suspect the best way to present this as a challenge during the suspect interview to sayA witness has identified you as the person who committed this offence A witness has provided details of an offender that fits your descriptionWe have evidence from witnesses that you were at the scene
Witness has provided details that fits description
When a video tape of an adult witness is to be used in evidence in chief then the Oc must ensure A support person was present in the interview room during the interview The witness has viewed the video and given their consent for it to be used All matters that may be the subject of cross-examination are covered in the video
Witness viewed video given consent
At the engage and explain stage of a witness interview the interviewer established the ground rules Match description of the information you would cover with each ground ruleConcentrate Take control Report everything You say you understand considerable focuses effort is required and that this may be difficultl
Concentrate
At the engage and explain stage of a witness interview the interviewer established the ground rules Match description of the information you would cover with each ground ruleConcentrate Take control Report everything You say they should do all the talking as you don’t know what happened and that they should correct you if you misunderstand
Take control
At the engage and explain stage of a witness interview the interviewer established the ground rules Match description of the information you would cover with each ground ruleConcentrate Take control Report everything You say they should tell you all they know in as much detail possible everything that comes to mind
Report everything
A 16yr old male, arrested for indictable offence elects his mum as a nominated person. She asks about the charges her son may face, is she entitled to knowYes, the enforcement officer should inform her of the charges but only when a lawyer is present Yes the enforcement officer should inform her of the nature of the charges ASAP No as nominated person her role is to support her son
Yes inform ASAP
A 20 year old physically resists arrest. Some time later he refuses to leave the cell for an interview An interview can proceed without his consent In these circumstances should be cautioned again Suspect interview can take place in the cells
Should be cautioned
If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the court will Make you honour the promise and rile as inadmissible Allie you description whether or not to divulge the off the record statement Require you to give evidence including the off the record statement
Inadmissible
If a suspect has signed your notebook that they agree with your record of the events that occurred prior to the interview then there is no need to refer to these events on video
False
According to the investigative interviewing doctrine which of the following statements about probing questions is correct An interviewer must follow a witness account with probing questions An interviewer should initiate a suspect account with probing questions An interviewer should avoid asking probing questions beginning with why
Questions beginning with why
Which example is incorrectA written statement for a witness interview Should ideally be recorded on police investigative interviewing form ii ws Can not include slang swearing or colloquialisms Must record chronological order
Can not include slang etc
An investigative interviewer knows when to use and when to avoid certain types of questions Was the car you saw driving off a station wagon - what type of question? Open LeadingProbing
Leading
During an interview the suspect alleges another officer had been stopping him unnecessarily and he wants to make a complaint Should a suspect complaint affect the interview process No the interview may use their discretion to continue the interview and overlook the complaint Yes the complaint should be noted on video and the suspect told that they will be referred to a senior officer following the interviewYes the interview must be stopped and the complaint details recorded and appropriately address
Yes, complaint should be noted senior officer following
Which of the following behaviours demonstrated by a lawyer at interview would Ge unacceptable Challenging a question put to their client that they believed improper Challenging the interviewer on the validity of the allegations Challenging the manner in which a question is put to the client
Validity of the allegations
An investigative interviewer knows when to use and when to avoid certain types of questions as they may affect. The quality and quantity of information given Was it a green car? Is what type of question Probing Closed Open
Closed
Probing or closed questions are ones that encourage only a relatively small range of responses usually a short word or phrase According to the material in the investigative interviewing doctrine, which of the following statements about probing questions would be incorrect Probing questions are the preferred way to start a suspect interview Probing questions are used to get detail from the suspect or witnessProbing questions usually begin with 5 W & H
Preferred way to start interview
Which of the following statement is incorrect A witness free recall interview Can be asked to make a sketch plan or drawing Should begin their account following a teds type questing Should be challenged following their first for account
Should be challenged
Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable Answering interviewers questions on behalf of client Giving their client competent legal advise Challenging the manner in which a questions posed to their client
Answering questions
On being shown to the stations interviewing room to consult with her client a lawyer complains that a video machine is on and can be ministered from an adjacent room. She refers to the clients right right to consult in private and requests the video machine is turned off. What response should she receive. Authorisation must be obtained from a senior officer She must make this request in writing for the case recordThe machine will be turned off immediately as requested
Machine turned off immediately
Cross examination of persons in custody
Questions of a person in custody or in respect of whom there is sufficient evidence to lay a charge must not amount to cross examination
Investigative important topics (5)
Intent (mens rea)Action (actus reus) MethodDefencesIdentity
Final Closure - the 3 “Ps”
PolitePositiveProsepective
Which of the following statements about the free recall model is generally true When using the FR model the interviewer: Does not explain the ground rules Does not include a challenge phase Dies not ask probing questions
Not include challenge phase
A child or young person can nominate an adult to provide support when they are being interviewed by police Which of the following statements best describe the person considered to be the most appropriate for the role? An adult member of their familyAny mature and empathetic person An educational or welfare representative
An adult member of their family or whanau
Which of the following people may not act as a nominated persons even if the young person specifically requests them A person you believe on reasonable grounds is a witness or has some knowledge of the matter being investigated A patched gang member with previous convictions who us a member if the youths whanau or their guardian A person who you believe on reasonable grounds should attempt to pervert the course of justice if permitted to consult with the young person
A person believe to pervert the course if justice
On speaking with a youth apprehended at the scene of an attempted robbery you note he has very poor English. On requesting his name and address and beginning to caution him you more he does not seen to understand you In the circumstances, what is the most appropriate action Arrest him because his lack if communication can be regarded as a refusal to comply Take him to the station and get an interpreter to give him the rights Give him the rights caution with reasonable diligence to gain his understanding
Give rights reasonable diligence
Gary,16, is to be interviewed about his part in a serious assault ANC he is insisting his uncle be his nominated person. On preparing the interview you note his uncle is also identified as a witness in these circumstance you should. Explain to Gary that us uncle is not a suitable as his nominated person and he should select another Conduct the witness interview to determine if the uncle is suitable for the role of nominated person Proceed to interview Gary with his uncle as nominated person as Gary is insistent and wing nominate another
Conduct the witness interview to determine
When giving advice to a youth not under arrest you should tell them that if they Select one or more:Consent to a accompany you they can withdraw that convent at anytimeRefuse to show you what is in their pockets you can use force to search themRefuse to give their correct name and address you can arrest them
Consent to accompany Refuse details then arrest
Section 7 of CYP act which if the following is correctA young person is aged 14-17A child is anyone under 14 A young person is aged 14-16
Young person aged 14-16
According to s218 of cyf act when cautioning a you person you must ensure that all ………. You give is provided in a language and ……….that the child/young person can ………Advice manner understand Instruction words understand Information manner follow
Advice manner understand
Which of the following persons would not be considered suitable for the role of nominated person for a young personA close friend or classmate nominated by the young person A person nominated by the police when the young person refuses to do so An adult member of the young persons whanau nominated by them
A close friend or classmate nominated by the young person
You are called to an agg rob at a liquor store. As you arrive the offender decamps but you chase and apprehend a 15yr old. Before you have time to question him he states, I didn’t mean to shoot the guyWhich of the following statements best deceive the admissibility of the confessionHis confession is inadmissible due to his age and the protection of the cyf actHis confession is admissible but he must be cautioned ASAP His confession is inadmissible because you gave not cautioned him
Caution ASAP
When do you caution a youthBefore asking any questions to obtain an admission When you are reasonably certain they have offended When there is circumstational evidence against the youth
Before asking questions to obtain admission
You are planning to interview Simons-14- about her role in a serious assault. As you being to interview what must you ensure she understands Select one or moreThat you obliged to inform her parent guardian of the interview and if the proceeding that may occur That if she does tell you everything she is more likely to get diversion as she is a first time offender That she does not have to say or tell you anything but if she does decide to talk she can change her mind at anytime
Tell her parents guardian Does not face to tell you anything change her mind
Late at night you are called to a suspicious fire at a school. While condoning the scene you locate and search a male teenager . Newspaper and a can of accelerant are found in his carry bag. He refuses to tell you his name. You caution should make sure he understands. You can arrest him if he continues to refuse to give you his name and addressYou just want to ask him some questions before deciding what you should doYou know he has something to do with the fire so he should start talking now
Can arrest
You meet your responsibilities for ensuring a youth understands their rights by receiving an affirmative to the questions ‘do you understand’ after each section of the caution
False
If the nominated person chosen by the youth cannot be located with reasonable diligence you should ask the youth to choose another person
True
If the youth has chosen a family member other than their parent or guardian as their nominated person then there is no need to contact their parent or guardian to inform them of their child’s presence at the station
False
Police must advise the nominated person of the right of child/young person who is suspected of an offence prior to the interview taking place
True
You must fairly inform a youth suspect that he has the right to have a lawyer or nominated person with him while he answers any questions or makes a statement
True
A youth 16years who is to be interviewed about some stolen property insists on his uncle as his nominated person. On talking to his uncle he is willing to attend the interview, but due to work commitments is not available until the next dayYou advise the youth in this situation You are obligated to advise the parents so they might as we’ll be his nominated personHis nominated person is not available in the required time frames so requests he picks another The interview will be delayed and the youth will be released conditionally
Interview delayed
A wholly exculpatory statement Contains only denials and no admissions and is there fore inadmissable as evidence
True
Mary saw mark assault his wife jan. When the case comes before the courts mark has reconciled with his wife. What two reasons could be given to support an application for Mary’s witness interview to be given as evidence in chief The nature of the evidence Mary is expected to giveMary’s fear of intimidation by the defendant and his wifeMary’s boss will not allow he leave to attend court
Nature of evidence Fear of intimidation
“The truth may be elusive,so you may need to be persistent”In this statement persistent refers to:Asking questions as long as it takes to get a full and truthful account from the suspect Asking questions in as many different ways so lies told will become apparentAsking questions that will standup to the scrutiny of the courts.
Asking question as long as it takes to get a full and truthful account from the suspect
A youth suspect14yrs is asked who he wishes to have as his nominated personal interview. His parents are divorced and although he lives locally with his mother he nominated his father who lives out if district Which of the following actions is most appropriate in the given circumstances Advise the father of circumstances and make enquiries about his availability Advise the mother of the circumstances and request she be the nominated person Ask the youth to nominate another adult as the request cannot be reasonably met
Advise the father of the circumstances
Representation refers to the behaviour of the interviewer who: Promises favour in return for a requested actionDoes not advise the suspect if their right to lawyerAllows the suspect to have a support person in the room
Promises a favour in return for a requested action
Under section 29 evidence act, oppression is defined as: Threats degrading treatment or violence to the defendant or any other personThreats physical pressure or violence to the defendant or their family Harsh or cruel treatment to the defendant or any tiger person involved
Threats degrading treatment or violence to the defendant or any other person
Under section 103 evidence act when deciding on whether to accept an application to give evidence an alternative way the judge must have regard to where’re the alternative way will: Mean the best evidence is given in a criminal proceeding Promote the complainants recovery from the alleged offence Make the evidence unfairly prejudicial to the proceedings
Promote the complainants recovery for the alleged offence
Which of the following scenarios could affect the reliability of a suspect interview recordSometimes confused when changing her version of events Informed of the circumstantial evidence already held by police Tired and clearly unwell but us not offered an interview break
Tired and unwell no break
Which of the following scenarios could be an example of an interview record that had been improperly obtained Repeatedly asks for a lawyer but the interview continues Is asked to explain (challenged) about his different version of eventsDeclines the support of an interpreter although one us present
Repeatedly asks for lawyer interview continues
The judge may rule a defendants statement in admissible if he decides it’s contents is likely to be unreliableAn example of an in admissible statement could be a video record showing the suspect is: Affected by drugs or alcohol at the time if the interview
Yes
The judge may rule a defendants statement in admissible if he decides it’s contents is likely to be unreliableAn example of an in admissible statement could be a video record showing the suspect is: Confused by the interviewers rhetorical questioning
Yes
The judge may rule a defendants statement in admissible if he decides it’s contents is likely to be unreliableAn example of an in admissible statement could be a video record showing the suspect is: Promised a court outcome in return for information
Yes
Evidence is improperly obtained if : Obtained from an unreliable witnessObtained from a suspect after arrestObtained unfairly or unlawfully
Obtained unfairly or unlawfully
An application for the alternative way of presenting evidence may only be made if the witness is a child, victim of sexual assault or a member if their family
False
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant
True
The judge must exclude a defects statement if they are satisfied the statement was improperly obtained. What is the standard of proof required? Probable cause Beyond reasonable doubt Balance of probabilities
Balance of probabilities
Grant is a 38 yr old who witnessed a stabbing in the bar. He was a bystander and has no relationship to the victim or suspect. Which two reasons could be given to support an application for the video record of his interview to be played as his evidence in chief. Grant will be overseas on a planned holiday at the time of the trialGrant says he has been badly effected by the event and can’t sleepGrants interview record contains a graphic description of the incident
Overseas and badly affected
Jane is a complainant of repeat sexual abuse by her father over the past 15 yrs. An application can be made for janes video recorded interview with police to be played as her evidence in chief on the grounds of: Relationship between complainant and defendant
True
Jane is a complainant of repeat sexual abuse by her father over the past 15 yrs. An application can be made for janes video recorded interview with police to be played as her evidence in chief on the grounds Sexual nature it father alleged ongoing offending
True
Jane is a complainant of repeat sexual abuse by her father over the past 15 yrs. An application can be made for janes video recorded interview with police to be played as her evidence in chief on the grounds Trauma jane has suffered over 15 years
True
When deciding whether evidence was improbably obtained which if the following considerations will the judge make Whether the impropriety was necessary to avoid physical danger to the police or othersThe role of the defendants conduct instigating the breach of their rightsThe importance of any right breached and the seriousness of the intrusion of it
Necessary to avoid dangerImportance if right breached
A statement made by a defendant is admissible as evidence against a co defendant in the proceedings
False
Consider the statement below and decide whether that are true or false When deciding whether to exclude a statement the judge must consider Pertinent characteristics of the defendant any mental intellectual or physical disability
True
Consider the statement below and decide whether that are true or false When deciding whether to exclude a statement the judge must consider Physical mental or psychological condition of the defendant when the statement was made
True
Consider the statement below and decide whether that are true or false When deciding whether to exclude a statement the judge must consider Number of questions put the defendant to the defendant about the offence for which they were arrested
False
As defined by the evidence act a statement is limited to a written or verbal assertion by a person of any matter
False
Which of the following scenarios could be an example of evidence that had been improperly obtained Does not ensure the suspect really understands his rights Questions persistently when the suspect changes his story Takes many breaks throughout a lengthy period of interview
Dies not ensure the suspect really understands his rights
In decisions about admissibility of their interview, characteristics of the suspect such as mental intellectual or physical disability are openly taken into account if they are visibly present at the time
False
The judge must exclude a defendants statement if they are satisfied it was influenced by oppression. What is the standard of proof required Probable cause Balance of probabilities Beyond reasonable doubt
Beyond reasonable doubt
The judge must exclude a statement when he or she is satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected it’s realibilty
True
A lawyer can give a client legal advice, challenge question out to client and challenge manner in which question posed but cannot answer on behalf of their client or challenge the interviewer
True
If offender refuses to leave cell, record failure to co-operate as you cannot interview unless obtained consent or agreement
True
If suspect complains in interview, note on video and refer to Senior
True
Conversation Management:1. Initiate free report2. Identify and expand suspect topics3. Identify and expand investigative topics4. Challenge
True
Types of questions:1. Closed (answered with yes or no)2. Probing (seeks to clarify information)3. Leading (influences answers)4. Complex (covers several ideas)5. Repeated (reiterated even though answer given)
True
Establish ‘Ground Rules’:- report everything (all they know, in detail)- concentrate (focussed effort required, take their time)- take control (they do all the talking, correct me if I’m wrong)
True
Before asking for suspect account, explain events leading up to the interview
True
Written Statement is recorded on Police Form II:WS- Use their own words if slang etc.- interviewer note show order of topics from free report so do not have to record witness narrative in chronological order they occurred
True
Correctly informing offender of caution does not guarantee the interview admissible
True
Interviewer can be persistent in questioning when suspect is inconsistent and contradicting
True
‘Persistent’ in interviewing behaviour means asking questions in a manner which stands up to scrutiny
True
Persistent is ok but cross examination is inappropriate
True
Police can ask anything but suspect does not have to respond and arrest does not alter how interview is conducted
True
If admissions made of another offence in interview, caution a second time then if he claims right to silence inform new charge and record any response
True
When cautioning police are not obliged to tell offender that they can decide with a lawyer whether they want to go on DVD
True
During the interview, police are under no obligation to advise the suspect of everything known to them before asking for the suspects version
True
If suspect signs notebook, you must still refer to them on DVD
True
Free recall:- use on co-operative witnesses and suspects- explain ground rules- encourage to make sketch- begin with TEDS questions- use probing questions
True
Turn DVD machine off if lawyers comment it is on
True
When DVD used as witness evidence, ensure:- witness has viewed it- specialised L3 used- have signed statement asking to useDo not cover off cross examination or use a support person if not required
True
If 16year old is arrested and charged, you must inform nominated person of the charges
True
Besting wording for matching description is:’Witness provided details of the offender fitting your description’
True
If suspect declines a lawyer and DCD interview, explain the advantages of DVD but offer a written interview statement
True
Types of Questions:- Car wasn’t blue was it? (Negative phrasing)- Did it look like a boy racer car? (Opinion type)- Was it travelling fast? Did you see the driver? Was there a passenger? (Multiple)- Was the car charcoal or black? (Forced choice)- Was the car driving off a station wagon? (Leading)
True
If you begin interview and suspect says they don’t want to continue but keep answering your questions then only the part before they claim their right to silence is admissible
True
Guideline 2Ensure rights given
True
Guideline 3When not free(3) questions must not amount to cross examination
True
Guideline 4Fairly and squarely explain others statements
True
Guideline 5Interview on DVD
True
Caution is administered when there is sufficient evidence to charge a person
True
Guideline 4 states that any statement made by a witness should,have the substance and nature explained to the offender
True
In relation to cross examination, it is ok if questions are aimed at establishing further facts but not lying and asking repetitive questions
True
If charge then find further offences, must interview again, caution and question (guideline 2)
True
All suspects put on DVD unless impractical or they decline (guideline 5)
True
When speaking to people you must not suggest they have to answer (guideline 5)
True
If you cannot facilitate lawyer without delay you must advise of that fact and reason.
True
Chief Justice Practice Note on police questioning directs the conduct of interviewing practice as guided by judiciary
True
R v Weaver (1956) definition of ‘cross examination’
True
Guideline 1Police can speak you anyone but you must not suggest arrest
True
Persons suitable as nominated persons:- nominated by police if refuse to nominate- parent or guardian- adult member of what au
True
If makes a spontaneous admission, it can be admissible but caution immediately
True
CYP must understand in interview that:- they don’t have to say anything but if they do they can change their mind- police are obliged to tell their parents- they can consult privately with a nominated person and/or lawyer
True
A person who may attempt too pervert the course of justice is not suitable to be nominated person
True
Giving advice that CYP is not under arrest:”You may be arrested if you refuse to give your name and address. You are not obliged to accompany me but if you consent, you can withdraw that consent at any time. Do you understand?”
True
Section 218 CYPS Act is when cautioning, ensure all advice is given and provided in a language that the CYP understands
True
Police must advise the nominated person of the CYPS rights prior to the interview
True
If CYP does not speak English, give them their rights to gain an understanding
True
Always inform CYPS parent of arrest/detainment
True
Caution youth before asking any questions
True
Section 215 CYP Act:If reasonable grounds to suspect that CYP committed offence or before asking the CYP any questions intended to gain an admission of offence, you must caution
True
If nominated person is out of the district, advise them if the situation and enquire on their availability
True
You need more from the CYP than just them affirming too “do you understand” too meet responsibilities of CYP
True
If nominated person cannot be located then ask for another
True
Explain the context to the nominated person and allow them time alone to discuss with the CYP
True
A young person is 15-16yearsA child is 14years and under
True
Arbitrary means Not Lawful, Without Lawful Authority or based on random choice or whim
True
Arbitrary detention can occur if a suspect believes on reasonable grounds that they are not free to leave based on police conduct
True
Section 24 of the BOR Act States: shall be informed promptly of nature and cause of charge and released on reasonable terms and conditions
True
Don’t enter into deals or agreements with defendants as it could be seen as a ‘promise’ or ‘representation’ and admission could be ruled inadmissible
True
Judge can exclude statement if satisfied on balance of probabilities that circumstances which made affected reliability. Take into account:- pertinent physical, mental or psychological condition - any pertinent characteristics (disabilities)- nature of any questions and manner and circumstances they were put- nature of any threat, promise or representation
True
Judge can find on balance of probabilities, whether or not evidence improperly obtained. Regard the following:- importance of any right breached by the impropriety and the seriousness of the intrusion on it- nature of impropriety, deliberate, reckless, bad faith - nature and quality of improperly obtained evidence- seriousness of charge- investigative techniques available but not used- impropriety necessary to avoid physical danger- urgency in obtaining evidence- alternative remedies to redress defendant issues
True
Oppression means oppressive, violent, inhuman or degrading conduct towards, or treatment of the defendant or another person; or a threat of conduct or treatment of that kind
True
Section 22 of BOR Act States: everyone has the right not to Arbitrarily Detained
True
When a person in authority uses the authority to restrict the movement of anotherWhen person detained for questioning without understanding they free to goWhen person detained under enactment and exercises there right to science
ArrestArbitrary detentionLawful 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 - YESCan he refuse a video/audio record - YESShould 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 1995A 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 2006The 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 offencePertinent characteristics of the defendant including any mental intellectualPhysical or mental condition of the defendant when statement made
FalseTrueTrue
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 sleepBe 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 dadRelationship between complainant and defendantSexual nature of alleged ongoing offendingTrauma 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 isAffected by drugs or alcohol at time of interviewConfused by interviewers rhetorical questioningPretty 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 2006Oppression defined as
Threats, degrading treatment or violence to the defendant or any other person
As defined by Evidence Act 2006A 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 arrestedConsent to acc many can be withdrawn at anytime
S2 CYPF Act 1989Definition of…A childA young person
10-1314-16
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 occurThat 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 suspectSequence 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 agreeMake additionsCorrect 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 himAnd 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 incorrectA 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 givenA question that can influence the witness answerA question that can be answered with a yes or no
Probing LeadingClosed
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 incorrectA 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 youYou say you understand considerable focused effort instructed that this maybe difficult
Report everythingTake controlConcentrate
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
With regards to interviewing witnesses, what should you do when you have multiple witnesses of a crime?
- Separate them as soon as practical and interview them individually to minimise the risk of memory contamination.- If the interview is delayed, consider asking them not to discus the incident with others involved and explain why, i.e. the potential for post-event information to contaminate memory.
What should you do if you are interviewing a witness and what they tell you makes them a suspect?
Adopt the procedure for interviewing suspects including cautioning the person and visually recording the interview.
What are the ten principles for investigative interviewing?
- Interviewing is at the heart of investigation2. The aim of an 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. Suspects must be interviewed in accordance with the law9. Special care must be taken to identify suspects requiring special consideration10. Be sensitive to cultural background and religious beliefs
What are some examples of a witness who would need special consideration?
- Children- The elderly- Intoxicated witnesses- Traumatised victims- Witnesses with intellectual disability or mental health conditions- Victims of family violence and sexual assault- Witnesses with communication difficulties, or with English as a second language.
What does the mnemonic ADVOKATES stand for?
A- Amount of time under observationD- DistanceV- VisibilityO- ObstructionK- Known or seen beforeA- Any reason to rememberT- Time lapseE- Error or material discrepancyS- Salience
When should you consider using a support person for a witness interview?
- The witness is under the age of 18- Has communication difficulty- Is showing signs of trauma- Is a victim of sexual assault- Fears intimidation- Uses language other than English as their first language- Is a victim or witness to a serious offence- Is closely related to the suspect.
Who does an appropriate support person need to be?
- Someone who is an adult, over 18 years old- Someone who is not a suspect or witness in the matter under investigation- Someone you believe will not attempt to pervert the course of justice- Someone who is available within a reasonable period of time.
Who are some appropriate support people we you can use?
- Parent or caregiver- Carer- Family member- Close friend- Mental health worker- Support counsellor
What is the definition of a suspect?
A suspect, in relation to an offence, means any person whom it is believed has or may have committed that offence, whether or not:- that person has been charged with that offence; or- there is good cause to suspect that person of having committed that offence.
Guideline 1 of the Chief Justice’s Practice Note on Police Questing states that police can question anyone who they think may have useful information but may not suggest that it is compulsory for them to answer questions.What does this mean?
- You may ask questions of any person to assist with inquiries- You cannot compel a person to answer questions if they refuse or imply that they must answer your questions. The principle is an absolute even if you are requesting a name and address. The only exception is when a statute specifies an authority to do so e.g. S113 of the LT Act 1998
When you are going to interview a suspect when should you give them their caution rights?
Whenever a member of police has sufficient evidence to charge a person with an offence or whenever a member of the police seeks to question a person in custody, the person must be given the caution/rights before being invited to make a statement or answer any questions.
Prior to questioning a suspect what must you explain to them with regards to the reason for the questioning?
You must fairly inform the suspect of what they are being interviewed about and the type of charge they may face. This means you cannot minimise the seriousness of the charges they may face.
When should you repeat the caution/rights?
- If the advice was given before the suspect was arrested or detained, it must be repeated when the suspect is arrested or detained- After a lengthy break in interview- When interviewing them about an unrelated offence or the circumstances of the offence change.
Police conduct interviews using the PEACE interviewing framework, what does PEACE stand for?
P - Planning and preparationE - Engage and explainA - Account, probe, challengeC - ClosureE - Evaluation
Your attitude to the suspect is a major contributing factor to how they respond. You should remain professional at all times, how you can do this?
- Treat the suspect with dignity and respect- Keep an open mind- Be patient- Empathise with their position- Do not be judgemental, your role is to find the truth of the matter under investigation.
What are the steps you should take if the suspect you are wanting to interview elects to speak with a lawyer?
1 - If they don’t have a lawyer or their lawyer is unavailable, give them the list of duty lawyers available. Ask them to select a lawyer.2 - Phone the lawyer and explain the current situation and reason for the interview.3 - Leave the suspect alone to speak with the lawyer in private.
If you wish to speak with someone but they are not being detained or arrested what should you do?
Gain informed consent, ask them to accompany you to the police station and make sure they understand they do not have to and they are free to leave at any time.
When conducting an interview and you take a break, what should you do to ensure continuity for the recording?
- When ever you take a break, state the time and the reason for the break before leaving the room- When recommencing the interview, state the time and any relevant dialogue or events occurring during the break and ask the suspect to confirm your description of what happened during the break.
What should you do if a suspect volunteers information about unrelated offending during the interview?
- Continue with the interview and advise them their information will be discussed later- Take care not imply or infer that the information they’ve given, or may give, could have a bearing on the present interview. There must be no suggestion, implied or otherwise, that any promise or inducement has been held out to the suspect.
You must comply with regulation 107 of the Corrections Regulations 2005 if you want to interview anyone in the custody of the Department of Corrections. What must you do to comply during the pre-interview phase?
- Contact the Prison Manager to gain agreement for an interview with the suspect, and arrange an appropriate time and room.- If necessary, arrange for portable interviewing equipment so you can video record the interview.
What must you do to comply during the interview phase?
- On arrival at the prison and in the presence of a Corrections Officer explain to the suspect their caution and rights.- Fairly inform them of the reason for the interview and request their consent to being interviewed.- If the suspect consents to an interview, inform them that they may choose to have a Correction Officer remain in sight during the interview (If you prefer, you may also request that the Corrections Officer remains in sight).- If neither party wish to have the Corrections Officer present, arrange for them to be contactable by ether of you at all times during the interview.- Inform the suspect that they may end the interview at any time.
Suspects have the right to have their lawyer present when being interviewed. If a suspect has their lawyer with them in interview make sure you do not let the lawyer do what?
- Answer questions on behalf of their client- Put words in the mouth of the suspect- Introduce irrelevant matters- Give you instructions or interfere with or obstruct the interview.
If a lawyer starts behaving inappropriately during an interview, what are the three steps you should take?
1 - Politely refer them back to their role as covered at the beginning of the interview. If appropriate, ask them if they would like to speak to their client in private.2 - If they continue to behave inappropriately warn them that if they continue you will have to stop the interview and they will be asked to leave.3 - If in appropriate behaviour continues, stop the interview, removed them from the interview room and inform a supervisor. Provide the suspect with an opportunity to engage another lawyer.
It is preferred by the Chief Justice Practice Note 5 that police video record suspect interviews but sometimes only a written statement is obtained, what two reason would you have to only take a written statement instead of a video interview?
1 - It is impractical to video or audio record the interview, or,2 - The suspect refuses to go on video or audio but consents to a written statement.
Sometimes you will have to take a notebook statement, when is a notebook statement the best option for suspect interview?
When it is impractical to conduct a formal interview or when the offence is minor in nature.
Your notebook is used to keep accurate records of interactions with the suspect. What are the key things you should be writing in your notebook when dealing with suspect interviews?
- Time and exact words used when the caution/rights was given.- The times: interview started and finished, refreshments were supplied, interview was suspended and reason, suspect was arrested, suspect requested a solicitor and when consulted.- People present.- Details of any conversations before and after the interview.- Time and exact words of any admissions made by the suspect before or after the interview.- Physical description of the suspect.- Description of the suspects behaviour.
Under section 24 of the NZ Bill of Rights Act 1990 a person shall be released on reasonable terms and conditions unless there is just cause for detention. Who does this apply to?
A person charged with an offence and processed accordingly.
Police may interview a person in custody. A person is in custody when:
Words of arrest and physical touch clearly signals the person is not free to go.
An informant tells you a man is party to a series of recent offences. You tell the man you have information that suggests he is involved and you want to interview him. He denies any involvement but then changes his mind about continuing with the interview.1) Should he have been cautioned at the start of the interview?2) Can he refuse a video/audio record?3) Should he have been given his rights when he changed his mind?
1) No2) Yes3) Yes.
The meaning of the term ‘arbitrary detention’ as explained in the case R v Goodwin (1993) is:
When words or conduct of an officer cause a person to believe that he or she is not free to go.
The judge may rule a defendant’s statement inadmissible if he decides its content is likely to be unreliable.An example of an inadmissible statement could be a video recording showing the suspect is:1) Affected by drugs or alcohol at the time of the interview.2) Confused by the interviewers rhetorical questioning.3) Promised a court outcome in return for information.
1) Yes2) Yes3) Yes.
Under section 29 of the Evidence Act 2006, oppression is defined as:
Threats, degrading treatment or violence to the defendant or any other person.
Jane Smith is a 27 year old complainant of repeat sexual abuse by her father over the last 15 years.An application can be made for Jane’s video recorded interview to be played as her evidence-in-chief on the grounds of the:1) Relationship between complainant and defendant.2) Sexual nature of her fathers alleged offending.3) Trauma Jane has suffered over the 15 years.
1) True2) True3) True.
Representation refers to the behaviour of the interviewer who:
Promises a favour in return for a requested action.
Evidence is improperly obtained if it is:
Obtained unfairly or unlawfully.
Is this statement true or false?The judge must exclude a statement when he or she is satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected its reliability.
True.
The judge must exclude a defendants statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?
Balance of probabilities.
Grant is a 38 year old male who witnesses a stabbing in a local bar. He was a bystander and has no relationship to the victim or the suspect.Which two reasons could be given to support an application for the video record of his witness interview to be played as his evidence-in-chief?
1) Grant says he has been badly affected by the event and can’t sleep.2) Grant will be overseas on a planned holiday at the time of the trial.
As a exception to the hearsay rule, a statement made by a defendant is admissible against that defendant.
True.
A statement made by a defendant is admissible as evidence against a co-defendant in the proceedings.
False.
Consider the statement below and decide whether they are true or false.When deciding whether to exclude a statement the judge must consider the:1) Physical, mental or psychological condition of the defendant when the statement was made.2) Pertinent characteristics of the defendant including any mental, intellectual or physical disability.3) Number of questions put to the defendant about the offence for which they were arrested.
1) True2) True3) False.
As defined by the Evidence Act 2006 a statement is limited to a written or verbal assertion by a person on any matter.
False.
Under section 103 of the Evidence Act when deciding on whether to accept an application to give the evidence of a witness in an alternative way, the judge must have regard to whether the alternative way will:
Promote the complainants recovery from the alleged offence.
The judge must exclude a defendants statement if they are satisfied it was influenced by oppression. What is the standard of proof required.
Beyond a reasonable doubt.
Which of the following scenarios could affect the reliability of a suspect interview record?When the suspect being interviewed is:
Tired and clearly unwell but is not offered an interview break.
When deciding whether evidence was improperly obtained, which of the following considerations will the judge make?
The importance of any right breached and the seriousness of the intrusion on it.Whether the impropriety was necessary to avoid physical danger to the police or others.
A youth suspect (14) years is asked who he wishes to have as his nominated person at interview. His parents are divorced and although he lived locally with his mother he nominated his father who lives out of the district.Which of the following actions is most appropriate in the given circumstances?
Advise the father of the circumstances and make enquiries about his availability.
Which of the following people may not act as nominated persons, even if the young person specifically requests them?
A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with the young person.
On speaking with a youth apprehended at the scene of an attempted robbery you note he has very poor English. On requesting his name and address and beginning to caution him you note he does not seem to understand you.In the circumstances, what action is most appropriate?
Give him the rights caution with reasonable diligence to gain his understanding.
Gary (16 years) is to be interviewed about his part in a serious assault and he is insisting his uncle be his nominated person. On preparing for the interview you note that his uncle is also identified as a witness at the scene. In these circumstances you should:
Conduct the witness interview to determine if the uncle is suitable for the role of nominated person.
When giving advice to a youth not under arrest you should tell them that if they:
Consent to accompany you they can withdraw that consent at any time.Refuse to give their correct name and address you can arrest them.
Under section 2 of the CYPF Act 1989, which of the following definitions is correct:
A young person is aged 14-16 years.
Which of the following person would not be considered suitable for the role of nominated person for a young person.
A close friend or classmate nominated by the young person.
You are called to an aggravated robbery at a liquor store. As you arrive the offender decamps but you chase and apprehend a 15 year old youth. Before you have time to question him, he states, “I didn’t mean to shoot the guy”.Which of the following statements best describes the admissibility of the confession?
His confession is admissible but he must be cautioned as soon as possible.
When do you caution a youth?
Before asking any questions intended to obtain an admission.
You are planning to interview Simone (14 years) about her role in a serious assault. As you begin the interview what must you ensure she understands?
That you are obliged to inform her parents or guardian of the interview and of the proceedings that may occur.That she does not have to say or tell you anything but if she does decide to talk she can change her mind at any time.
Late at night you are called to a suspicious fire at a school. While cordoning the scene you locate and search a male teenager. Newspaper and a can of accelerant are found in his carry bag. He refuses to tell you his name. Your caution should make sure he understands:
You can arrest him if he continues to refuse to give you his name and address.
If the nominated person chosen by the youth cannot be located within reasonable diligence you should ask the youth to choose another person.
True.
If the youth has chosen a family member other than their parent or guardian as their nominated person, then there is no need to contact their parent or guardian to inform the of their child’s presence at the station.
False.
Police must advise the nominated person of the right of a child/young person who is suspected of an offence, prior to any interview taking place.
True.
You must fairly inform a youth suspect that they have the right to have a lawyer and a nominated person with them while they answer any questions or make a statement.
True.
According to CJPN Guideline 4, when you are questioning a suspect about statements made by a witness you should:
Explain the substance or nature of the witness statements to them.
Correctly informing a suspect of the caution at the beginning of the interview ensures that the interview record will be admissible.
False.
When interviewing a person of committing an offence, when should the caution be administered?
When you have sufficient evidence to charge a person with an offence.
Guideline 5 directs that after the completion of an interview the suspect should be given opportunity to review the interview record and:1) Sign that they have read it and agree with it.2) Make any additions.3) Correct any errors.
1) True2) True3) True.
The Chief Justice Practice Note on Police Questioning:
Directs the conduct of police interviewing practice as guided by the judiciary.
At interview you are under no obligation to advise the suspect of everything known before asking for the suspects version of events.
True.
In relation to cross-examination which of the following answers is correct?
Questions aimed at establishing further facts from answers given are acceptable.
If a suspects right to ‘consult and instruct a lawyer without delay and in private’ cannot be facilitated immediately by police, what action is required first?
Advise the suspect of that fact and the reason for the delay.
An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory.
True.
All suspect interviews should preferably be recorded by video recording unless the person declines to be recorded by video.
True.
You are interviewing a male suspect about a number of offences and after you begin to probe the inconsistencies in his account he says he is not prepared to say anything else but continues to answer your questions.Is the complete statement/video record admissible?
No, only the part before the suspect claimed their right to silence is admissible.
After charging a shoplifter with theft and locking her in the cells, you receive information leading you to suspect her for further thefts.According to Chief Justice Practice Note Guideline 2 you should:
Interview her again on video, caution again and question her about the new allegations.
At interview a suspect is cautioned for a second time when he reveals his involvement in another crime. He contacts his lawyer and then says he has been advised to claim his right to silence and will not answer any more questions.You should:
Inform him of the allegations against him and record any response he may make.
When cautioning a suspect you are not obliged to inform the suspect that:
They can decide with a lawyer whether to go on video or not.
Persistent questioning is generally acceptable interviewer behaviour while cross-examination can be regarded as inappropriate interviewer behaviour.
True.
“The truth may be elusive, so you may need to be persistent”. In this statement “persistent” refers to interviewer behaviour and means:
Asking questions in a manner that will stand up to the scrutiny of the court.
Which example is correct?A written statement from a witness interview:
Must record the witness’ narrative of events in the chronological order they occurred.
Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable:
Answering the interviewer’s questions on behalf of their client.
According to the Investigative Interviewing doctrine which of the following statements about probing questions is correct:
An interviewer should avoid asking probing questions beginning with why.
Which of the following statements about Free Recall model is generally true?When using the FR model the interviewer:
Does not include a challenge phase.
During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint.Should a suspects complaint affect the interview progress in any way?
Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview.
Which of the following statements is incorrect.A witness in a Free Recall interview:
Should be challenged following their first FR account.
A 16 year old male, arrested for an indictable offence, elects his mother as his nominated person. She asks about the charges her son may face. Is she entitled to an explanation?
Yes. The enforcement officer should inform her of the nature of the charges as soon as possible.
If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the court will:
Make you honour the promise and rule the evidence as inadmissible.
Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable?
Challenging the interviewer on the validity of the allegations made.
A 20 year old male physically resists arrest and after being given the rights caution he is placed in the cells. Some time later he refuses to leave the cell for an interview.Mark the incorrect statement.
An interview can proceed without his consent.
When a video tape of an adult witness interview is to be used as evidence-in-chief then the O/C case must ensure:
The witness has viewed the video and given their signed consent for it to be used.
A suspect declines the services of a lawyer but although he agrees to an interview he says “if you keep that video running I won’t say anything”.What should you do?
Explain the advantages of a visually recorded interview and say he has the option of preparing a written statement.
If a suspect has signed your notebook that they agree with you record of the events that occurred prior to interview, then there is no need to refer to these events on video.
False.
What does ‘sufficient evidence to charge’ mean in the Chief Justice’s Practice Note on Police Questioning?
When police have “sufficient evidence which, objectively considered would support a prima-facie case against the suspect” (R v Goodwin).
Define inculpatory.
Implicates a person in an offence.
Define exculpatory.
Intended to clear a person from blame.
What is the aim of persistent questioning?
To establish further facts from answers already given.
Is it permissible to refuse to accept a suspects explanation or denials when they are inconsistent with the evidence?
Yes.
How does the Evidence Act define ‘statement’?
. a spoken or written assertion by a person of any matter, or. non-verbal conduct of a person that is intended by that person as an assertion of any matter.
What do sections 7-10, S&S Act relate to?
s7 - entry without warrant to arrest a person unlawfully at large.s8 - entry without warrant to arrest person suspected of having committed an offence.s9 - stopping a vehicle without a warrant to arrest a person.s10 - powers and duties after vehicle stopped under s9.
Explain how Judges decide whether to exclude unreliable statements and statements influenced by oppression:
. must exclude unless satisfied on the balance of probabilities that the circumstances in which the statement was made were not likely to have adversely affected reliability.. must exclude unless satisfied beyond reasonable doubt that statement was not influenced by oppression.
10 grounds on which a witness may give evidence in an alternative way:
. age or maturity. physical, intellectual, psychological, psychiatric impairment.. trauma suffered.. fear of intimidation.. linguistic, cultural background or religious beliefs.. nature o f the proceeding.. nature of the evidence.. relationship of witness to any party in proceeding.. absence or likely absence from NZ.. any other ground likely to promote purpose of the Evidence Act.
In accordance with s215, CYF Act, when must a CYP be informed of their rights?
. before questioning when there are RGTS they’ve offended OR. before asking question intended to obtain admission.
What can you do if a CYP refuses to give their name and address?
If the circumstances are such that you have power to arrest the CYP without warrant, you may do so if, by refusing to give their name and address to you, the CYP cannot be served with a summons.
Who should be used as a nominated person for a CYP?
. parent or guardian. adult member of family. other adult over 20 years.
When can you refuse a nominated person?
. if they are likely to attempt to pervert the course of justice.. cannot with reasonable diligence be located or be available.
What does PEACE stand for in relation to interviewing?
. Planning and preparation. Engage and explain. Account, probe, challenge. Closure. Evaluation.
What do you do if, during the interview, the suspect makes an allegation against police?
Don’t stop recording. Tell the suspect they’ll be referred to someone senior after the interview. Continue with interview and report to supervisor immediately after.
Can you arrest a suspect for the purpose of interviewing them to gather information?
No.
Can Police detain a person for questioning without lawful detention or arrest?
No.
Does the free recall include a challenge phase?
No.
An interviewer can be persistent in questioning if the offenders statement is inconsistent or contradictory.
True.
Under s29 of the Evidence Act, oppression is defined as:
Threats, degrading treatment or violence to the defendant or any other person.
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant.
True.
Evidence is improperly obtained if it is:
Obtained unfairly or unlawfully.
What considerations will the judge make when deciding whether a statement was improperly obtained?
. the importance of any right breached and the seriousness of the intrusion on it.. whether the impropriety was necessary to avoid physical danger to the police or others.
Representation refers to the behaviour of the interviewer who:
Promises a favour in return for a requested action.
A consideration the Judge won’t make when offenders rights breached:
Defendant’s conduct in instigating the breach.
A defendant’s statement will be inadmissible if:
. they are confused with rhetorical questioning. under the influence of drugs/alcohol. promised a court outcome.
What does ‘sufficient evidence to charge’ mean in the Chief Justice’s Practice Note on Police Questioning?
When Police have “sufficient evidence which, objectively considered would support a prima-facie case against the suspect” [R v Goodwin]
Define ‘inculpatory’ and ‘exculpatory’.
Inculpatory = implicates a person in an offenceExculpatory = intended to clear a person from blame
What is the aim of persistent questioning?
To establish further facts from answers already given.
Is it permissible to refuse to accept a suspect’s explanation or denials when they are inconsistent with the evidence?
Yes
How does the Evidence Act define ‘statement’?
a) a spoken or written assertion by a person of any matter, orb) non-verbal conduct of a person that is intended by that person as an assertion of any matter
What do sections 7-10, S&S Act relate to?
s7 - Entry without warrant to arrest person unlawfully at larges8 - Entry without warrant to arrest person suspected of having committed offences9 - Stopping a vehicle without warrant to arrest a persons10 - Powers and duties after vehicle stopped under s9
Explain how Judges decide whether to exclude- unreliable statements- statements influenced by oppression
- must exclude unless satisfied on the balance of probabilities that the circumstances in which statement was made were not likely to have adversely affected reliability- must exclude unless satisfied beyond reasonable doubt that statement was not influenced by oppression
List 10 grounds on which a witness may give evidence in an alternative way.
- age or maturity- physical, intellectual, psychological, psychiactric impairment- trauma suffered- fear of intimidation- linguistic, cultural background or religious beliefs- nature of the proceeding- nature of the evidence- relationship of witness to any party in proceeding- absence or likely absence from NZ- any other ground likely to promote purpose of the Evidence Act
In accordance with s215, CYPF Act, when must a CYP be informed of their rights?
Before questioning when there are RGTS they’ve offended OR before asking question intended to obtain admission
What can I do if a CYP refuses to give their name and address?
If the circumstances are such that you have power to arrest the CYP without warrant, you may do so if, by refusing to give their name and address to you, the CYP cannot be served with a summons.
Who should be used as a nominated person for a CYP?
- parent or guardian- adult member of family/whanau- other adult over 20yrs
When can I refuse the nominated person?
- if they are likely to attempt to pervert course of justice- cannot with reasonable diligence be located or be available
What does PEACE stand for in relation to interviewing?
Planning and preparationEngage and explainAccount, probe, challengeClosureEvaluation
What do you do if, during the interview, the suspect makes an allegation against Police?
Don’t stop recording. Tell suspect they’ll be referred to someone senior after the interview. Continue with interview and report to supervisor immediately afterwards.
Bill of Rights Act 1990, Section 22 has regard to?
The liberty of the person
An arrest for the purposes of the Bill of Rights Act occurs when there has been?
- An unequivocal statement or action by a law enforcement officer that makes it clear that he or she wishes to detain the individual, and…- The officer is acting or purporting to act under legal authority
What is the meaning of Arbitrary?
An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause. If it is made without reference to an adequate determining principle or without following proper procedures
Bill of Rights Act 1990, Section 23 has regard to?
Rights of persons arrested or detained
BOR1990, S23(1) states…
Everyone arrested or detained under any enactment;- Shall be informed at the time of the reason for their arrest- Shall have the right to instruct or consult a lawyer without delay and to be informed of that right- Shall have the right to have the validity of the arrest or detention determined without delay by way of ‘habeus corpus’ and to be released if the arrest or detention is not lawful
BOR1990, S23(2) states…
Everyone who is arrested for an offence has the right to be charged promptly or to be released
BOR1990, S23(3) states…
Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal
BOR1990, S23(4) states…
Everyone who is arrested or detained under any enactment, for any offence or suspected offence shall have the right to refrain from making a statement and to be informed of that right
BOR1990, S23(5) states…
Everyone deprived of liberty shall be treated with humanity and with respect to the inherent dignity of the person
Bill of Rights Act 1990, Section 25 has regard to?
Rights of persons charged
BOR1990, S24(a-g) states…
a) Everyone charged with an offence shall be informed promptly and in detail of the nature and cause of the chargeb) Shall be released on reasonable terms or conditions unless there is just cause for continued detentionc) Shall have the right to consult and instruct a lawyer, andd) Shall have the right to adequate time and facilities to prepare a defence, ande) Shall have the right to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more, andf) Shall have the right to receive legal assistance without costg) Shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court
What is the meaning of ‘sufficient evidence to charge’?
It is sufficient to charge when Police have sufficient evidence which, objectively considered would support a prima facie case against the suspect
What is the definition of a ‘statement’?
- A spoken or written assertion by a person of any matter, or- Non-verbal conductor a person that is intended by that person as an assertion of any matter
What is the definition of an ‘admission’?
A statement that is made by a person who is or becomes a party to the proceedings, and is adverse to the persons interests in the outcome of the proceeding
What is the definition of a ‘hearsay statement’?
A statement that was made by a person other than a witness, and is offered in evidence at the proceeding to prove the truth of its contents
What is the definition of a ‘leading question’?
Means a question that directly or indirectly suggests a particular answer to that question.
What is the definition of a ‘witness’?
A person who gives evidence and is able to be cross-examined in a proceeding.
EA2006, S27(1) - Defendants statements offered by prosecution
Evidence offered by the prosecution in a criminal proceeding of a statement made by a Defendant is admissible against that Defendant but not against a co-offender.
EA2006, S28(1) - Exclusion of unreliable statements
This section applies to a criminal proceeding where the prosecution offers or proposes to offer a statement of a Defendant if the a Defendant raises on an evidential foundation, the issue of reliability of the statement and informs the judge and the prosecution of the grounds of raising the issue, or the judge raises the issue.
EA2006, S28(2) - A judge must exclude the statement unless?
Satisfied on the balance of probabilities that the circumstances in which the statement was made were not likely to have adversely affected its reliability.
EA2006, S27 - “Rongonui V R (2010)” states…
The Supreme Court recognised that words will amount to a statement if an underlying assertion can be implied from the words spoken.
EA2006, S27 - “Cameron V R (2009)” states…
Reliability is concerned with whether what was said is sound.
EA2006, S28(3) - A statement may still be offered by the prosecution if it is only offered to?
As evidence of the physical, mental or psychological condition at the time the statement was made or as evidence of whether the statement was made.
