102 Flashcards
1
Q
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
A
Explain advantages -written statement
2
Q
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
A
Leading
3
Q
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
A
Probing
4
Q
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
A
Closed
5
Q
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
A
Witness has provided details that fits description
6
Q
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
A
Witness viewed video given consent
7
Q
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
A
Concentrate
8
Q
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
A
Take control
9
Q
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
A
Report everything
10
Q
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
A
Yes inform ASAP
11
Q
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
A
Should be cautioned
12
Q
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
A
Inadmissible
13
Q
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
A
False
14
Q
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
A
Questions beginning with why
15
Q
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
A
Can not include slang etc
16
Q
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
A
Leading
17
Q
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
A
Yes, complaint should be noted senior officer following
18
Q
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
A
Validity of the allegations
19
Q
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
A
Closed
20
Q
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
A
Preferred way to start interview
21
Q
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
A
Should be challenged
22
Q
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
A
Answering questions
23
Q
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
A
Machine turned off immediately
24
Q
Cross examination of persons in custody
A
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
25
Investigative important topics (5)
Intent (mens rea)Action (actus reus) MethodDefencesIdentity
26
Final Closure - the 3 "Ps"
PolitePositiveProsepective
27
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
28
Bill of Rights, Section 22, Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained
29
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
30
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
31
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
32
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
33
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
34
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
35
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
36
Witness to give evidence in alternative way, the views of the witness
need to minimise stresspromote recovery of the complainant
37
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
38
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
39
Definition - Exculpatory Statement
An Exculpatory Statement is a statement intended to clear a person from blame
40
Definition - Inculpatory Statement
A statement that implicates a person in an offence, ie: admissions and confessions
41
Non Verbal Communication (NVC), what are spacers
Umm and ahhs
42
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
43
Which interview model to use?
Generally free recall for witnesses and conversation management for suspects
44
What is a challenge in the conversation management model
The task of exploring the reason for evasiveness or inconsistencies with the suspect
45
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
46
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
47
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
48
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
49
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
50
Bill of Rights, Section 22, Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained
51
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
52
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
53
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
54
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
55
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
56
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
57
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
58
Witness to give evidence in alternative way, the views of the witness
need to minimise stresspromote recovery of the complainant
59
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
60
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
61
Definition - Exculpatory Statement
An Exculpatory Statement is a statement intended to clear a person from blame
62
Definition - Inculpatory Statement
A statement that implicates a person in an offence, ie: admissions and confessions
63
Non Verbal Communication (NVC), what are spacers
Umm and ahhs
64
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
65
Which interview model to use?
Generally free recall for witnesses and conversation management for suspects
66
What is a challenge in the conversation management model
The task of exploring the reason for evasiveness or inconsistencies with the suspect
67
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
68
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
69
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
70
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
71
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
72
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
73
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
74
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
75
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
76
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
77
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
78
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
79
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
80
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
81
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
82
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
83
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
84
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
85
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
86
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
87
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
88
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
89
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
90
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
91
Investigative important topics (5)
Intent (mens rea)Action (actus reus) MethodDefencesIdentity
92
Final Closure - the 3 "Ps"
PolitePositiveProsepective
93
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
94
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
95
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
96
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
97
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
98
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
99
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
100
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
101
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
102
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
103
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
104
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
105
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
106
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
107
If the nominated person chosen by the youth cannot be located with reasonable diligence you should ask the youth to choose another person
True
108
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
109
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
110
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
111
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
112
A wholly exculpatory statement Contains only denials and no admissions and is there fore inadmissable as evidence
True
113
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
114
"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
115
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
116
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
117
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
118
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
119
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
120
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
121
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
122
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
123
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
124
Evidence is improperly obtained if : Obtained from an unreliable witnessObtained from a suspect after arrestObtained unfairly or unlawfully
Obtained unfairly or unlawfully
125
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
126
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant
True
127
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
128
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
129
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
130
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
131
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
132
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
133
A statement made by a defendant is admissible as evidence against a co defendant in the proceedings
False
134
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
135
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
136
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
137
As defined by the evidence act a statement is limited to a written or verbal assertion by a person of any matter
False
138
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
139
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
140
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
141
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
142
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
143
If offender refuses to leave cell, record failure to co-operate as you cannot interview unless obtained consent or agreement
True
144
If suspect complains in interview, note on video and refer to Senior
True
145
Conversation Management:1. Initiate free report2. Identify and expand suspect topics3. Identify and expand investigative topics4. Challenge
True
146
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
147
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
148
Before asking for suspect account, explain events leading up to the interview
True
149
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
150
Correctly informing offender of caution does not guarantee the interview admissible
True
151
Interviewer can be persistent in questioning when suspect is inconsistent and contradicting
True
152
'Persistent' in interviewing behaviour means asking questions in a manner which stands up to scrutiny
True
153
Persistent is ok but cross examination is inappropriate
True
154
Police can ask anything but suspect does not have to respond and arrest does not alter how interview is conducted
True
155
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
156
When cautioning police are not obliged to tell offender that they can decide with a lawyer whether they want to go on DVD
True
157
During the interview, police are under no obligation to advise the suspect of everything known to them before asking for the suspects version
True
158
If suspect signs notebook, you must still refer to them on DVD
True
159
Free recall:- use on co-operative witnesses and suspects- explain ground rules- encourage to make sketch- begin with TEDS questions- use probing questions
True
160
Turn DVD machine off if lawyers comment it is on
True
161
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
162
If 16year old is arrested and charged, you must inform nominated person of the charges
True
163
Besting wording for matching description is:'Witness provided details of the offender fitting your description'
True
164
If suspect declines a lawyer and DCD interview, explain the advantages of DVD but offer a written interview statement
True
165
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
166
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
167
Guideline 2Ensure rights given
True
168
Guideline 3When not free(3) questions must not amount to cross examination
True
169
Guideline 4Fairly and squarely explain others statements
True
170
Guideline 5Interview on DVD
True
171
Caution is administered when there is sufficient evidence to charge a person
True
172
Guideline 4 states that any statement made by a witness should,have the substance and nature explained to the offender
True
173
In relation to cross examination, it is ok if questions are aimed at establishing further facts but not lying and asking repetitive questions
True
174
If charge then find further offences, must interview again, caution and question (guideline 2)
True
175
All suspects put on DVD unless impractical or they decline (guideline 5)
True
176
When speaking to people you must not suggest they have to answer (guideline 5)
True
177
If you cannot facilitate lawyer without delay you must advise of that fact and reason.
True
178
Chief Justice Practice Note on police questioning directs the conduct of interviewing practice as guided by judiciary
True
179
R v Weaver (1956) definition of 'cross examination'
True
180
Guideline 1Police can speak you anyone but you must not suggest arrest
True
181
Persons suitable as nominated persons:- nominated by police if refuse to nominate- parent or guardian- adult member of what au
True
182
If makes a spontaneous admission, it can be admissible but caution immediately
True
183
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
184
A person who may attempt too pervert the course of justice is not suitable to be nominated person
True
185
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
186
Section 218 CYPS Act is when cautioning, ensure all advice is given and provided in a language that the CYP understands
True
187
Police must advise the nominated person of the CYPS rights prior to the interview
True
188
If CYP does not speak English, give them their rights to gain an understanding
True
189
Always inform CYPS parent of arrest/detainment
True
190
Caution youth before asking any questions
True
191
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
192
If nominated person is out of the district, advise them if the situation and enquire on their availability
True
193
You need more from the CYP than just them affirming too "do you understand" too meet responsibilities of CYP
True
194
If nominated person cannot be located then ask for another
True
195
Explain the context to the nominated person and allow them time alone to discuss with the CYP
True
196
A young person is 15-16yearsA child is 14years and under
True
197
Arbitrary means Not Lawful, Without Lawful Authority or based on random choice or whim
True
198
Arbitrary detention can occur if a suspect believes on reasonable grounds that they are not free to leave based on police conduct
True
199
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
200
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
201
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
202
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
203
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
204
Section 22 of BOR Act States: everyone has the right not to Arbitrarily Detained
True
205
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
206
You can arrest a suspect for the purpose of interviewing them to gather info
False
207
A person "in custody" when
The words of arrest and physical touch clearly signals the person is not free
208
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
209
If a person is arrested for an offence you CANNOT interview them because they must appear before the court as soon as possible
False
210
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
211
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
212
Police have NO power to detain a suspect for questioning without arrest or lawful detention
True
213
A statement made by a defendant is admissible against a co defendant in the proceedings
False
214
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
215
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
216
Standard of proof for OPPRESSION
Beyond reasonable doubt
217
What is evidence improperly obtained.During interviewing with new immigrant the interviewer
Does not ensure the suspect really understands his rights
218
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant
True
219
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
220
Evidence is improperly obtained if it is
Is obtained unfairly or unlawfully
221
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
222
Complainant victim of sexual abuse by dadRelationship between complainant and defendantSexual nature of alleged ongoing offendingTrauma suffered over 15 years
All true
223
Interview record that has been improperly obtained (example)
Repeatably asks for a lawyer but the interview continues without one
224
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
225
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
226
What is the standard of proof for improperly obtained
Balance of probabilities
227
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
228
Representation refers to the behaviour of the interviewer who
Promises a favour in return for a required actions
229
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
230
S29 Evidence Act 2006Oppression defined as
Threats, degrading treatment or violence to the defendant or any other person
231
As defined by Evidence Act 2006A statement is limited to a written or verbal assertion by a person on any matter
False
232
What will affect reliability of suspect interview (example)
Suspect is tired and clearly unwell but is not offered an interview break
233
Person considered most appropriate to support CYP
An adult member of their family or whanau
234
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
235
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
236
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
237
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
238
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
239
S2 CYPF Act 1989Definition of...A childA young person
10-1314-16
240
When cautioning a CYP you must ensure that all ________ you give is provided in a language an _________ that the CYP can __________
Advice, manner, understand
241
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
242
Spontaneous admission of CYP is admissible
His confession is admissible but must be cautioned ASAP
243
When do you caution a youth
Before asking any questions intended to obtain an admission
244
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
245
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
246
Do you meet CYP obligations by saying "do you understand"
False
247
If nominated person chosen by CYP cannot be located with reasonable diligence you should ask CYP to chose another
True
248
CYP picked someone other than parent there is NO need to inform parent
False
249
Police must advise nominated person of the rights of CYP who is suspected of offence prior to interview
True
250
You MUST fairly inform CYP of right to lawyer or nominated person with them while answer questions or make statement
True
251
An interviewer may persist in their questioning when the account given by the suspect is inconsistent and contradictory
True
252
Interviewing suspectSequence or phrases, starting with key words
You said.... We have..... Explain that
253
Guideline 1 of CJPN
You must not suggest through words or actions that a person must answer your questions
254
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
255
Persistent questioning is generally accepted interviewer behaviour while cross examination can be regarded as inappropriate behaviour
True
256
All suspect interviews should be recorded by video
True
257
If a suspect right to lawyer cannot be facilitated immediately, what action is required
Advise suspect of that fact and the reason for delay
258
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
259
Persistent refers to interviewer behaviour and means
Asking questions in a manner that will stand up to scrutiny in court
260
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
261
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
262
The CJPN on police questioning
Directs the conduct of police interviewing practise as guided by judiciary
263
In relation to cross examination. What is it?
Questions aimed to establish further facts from answers given are acceptable
264
Preference to video record interviews only applies to category 1 and 2 offences
False
265
Guideline 5 direct after interviewing suspect should be given opportunity to review and....
Sign that they have read and agreeMake additionsCorrect errors
266
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
267
Decide not to speak whilst in interview. You should
Inform of the allegations against himAnd record his response
268
At interview you are under no obligation to advise suspect of everything you know before asking there side of events
True
269
Correctly informing the suspect of the caution at the beginning of the interview ensure that the interview recorded will be admissible
False
270
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
271
Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable
Challenging the interviewer on the validity of the alligations
272
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
273
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
274
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
275
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
276
Was it a green car? Is what type of question
Closed
277
What statement is incorrectA written statement for a witness interview
Can not include slang, swearing or colloquialisms as it is a legal document
278
If a suspect signed notebook then there is no need to refer to these events on video
False
279
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
280
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
281
Was the car you saw driving off a station wagon is an example of what type of question
Leading
282
"Off the record" statement is evidence it is likely the court will
Make you honour that promise and rule evidence inadmissible
283
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
284
What statement incorrectA witness in free recall interview
Should be challenged following their first free recall
285
What statement about free recall model is generally true
Does not include a challenge phase
286
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
287
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
288
What shouldn't you do if a male refuses to leave cell to do an interview
An interview can proceed without his consent
289
Statement about probing question is incorrect
Probing questions are the preferred way to start a suspect interview
290
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.
291
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.
292
What are the ten principles for investigative interviewing?
1. 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
293
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.
294
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
295
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.
296
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.
297
Who are some appropriate support people we you can use?
- Parent or caregiver- Carer- Family member- Close friend- Mental health worker- Support counsellor
298
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.
299
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
300
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.
301
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.
302
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.
303
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
304
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.
305
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.
306
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.
307
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.
308
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.
309
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.
310
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.
311
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.
312
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.
313
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.
314
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.
315
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.
316
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.
317
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.
318
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.
319
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.
320
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.
321
Under section 29 of the Evidence Act 2006, oppression is defined as:
Threats, degrading treatment or violence to the defendant or any other person.
322
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.
323
Representation refers to the behaviour of the interviewer who:
Promises a favour in return for a requested action.
324
Evidence is improperly obtained if it is:
Obtained unfairly or unlawfully.
325
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.
326
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.
327
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.
328
As a exception to the hearsay rule, a statement made by a defendant is admissible against that defendant.
True.
329
A statement made by a defendant is admissible as evidence against a co-defendant in the proceedings.
False.
330
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.
331
As defined by the Evidence Act 2006 a statement is limited to a written or verbal assertion by a person on any matter.
False.
332
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.
333
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.
334
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.
335
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.
336
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.
337
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.
338
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.
339
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.
340
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.
341
Under section 2 of the CYPF Act 1989, which of the following definitions is correct:
A young person is aged 14-16 years.
342
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.
343
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.
344
When do you caution a youth?
Before asking any questions intended to obtain an admission.
345
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.
346
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.
347
If the nominated person chosen by the youth cannot be located within reasonable diligence you should ask the youth to choose another person.
True.
348
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.
349
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.
350
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.
351
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.
352
Correctly informing a suspect of the caution at the beginning of the interview ensures that the interview record will be admissible.
False.
353
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.
354
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.
355
The Chief Justice Practice Note on Police Questioning:
Directs the conduct of police interviewing practice as guided by the judiciary.
356
At interview you are under no obligation to advise the suspect of everything known before asking for the suspects version of events.
True.
357
In relation to cross-examination which of the following answers is correct?
Questions aimed at establishing further facts from answers given are acceptable.
358
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.
359
An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory.
True.
360
All suspect interviews should preferably be recorded by video recording unless the person declines to be recorded by video.
True.
361
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.
362
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.
363
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.
364
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.
365
Persistent questioning is generally acceptable interviewer behaviour while cross-examination can be regarded as inappropriate interviewer behaviour.
True.
366
"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.
367
Which example is correct?A written statement from a witness interview:
Must record the witness' narrative of events in the chronological order they occurred.
368
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.
369
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.
370
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.
371
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.
372
Which of the following statements is incorrect.A witness in a Free Recall interview:
Should be challenged following their first FR account.
373
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.
374
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.
375
Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable?
Challenging the interviewer on the validity of the allegations made.
376
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.
377
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.
378
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.
379
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.
380
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).
381
Define inculpatory.
Implicates a person in an offence.
382
Define exculpatory.
Intended to clear a person from blame.
383
What is the aim of persistent questioning?
To establish further facts from answers already given.
384
Is it permissible to refuse to accept a suspects explanation or denials when they are inconsistent with the evidence?
Yes.
385
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.
386
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.
387
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.
388
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.
389
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.
390
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.
391
Who should be used as a nominated person for a CYP?
. parent or guardian. adult member of family. other adult over 20 years.
392
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.
393
What does PEACE stand for in relation to interviewing?
. Planning and preparation. Engage and explain. Account, probe, challenge. Closure. Evaluation.
394
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.
395
Can you arrest a suspect for the purpose of interviewing them to gather information?
No.
396
Can Police detain a person for questioning without lawful detention or arrest?
No.
397
Does the free recall include a challenge phase?
No.
398
An interviewer can be persistent in questioning if the offenders statement is inconsistent or contradictory.
True.
399
Under s29 of the Evidence Act, oppression is defined as:
Threats, degrading treatment or violence to the defendant or any other person.
400
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant.
True.
401
Evidence is improperly obtained if it is:
Obtained unfairly or unlawfully.
402
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.
403
Representation refers to the behaviour of the interviewer who:
Promises a favour in return for a requested action.
404
A consideration the Judge won't make when offenders rights breached:
Defendant's conduct in instigating the breach.
405
A defendant's statement will be inadmissible if:
. they are confused with rhetorical questioning. under the influence of drugs/alcohol. promised a court outcome.
406
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]
407
Define 'inculpatory' and 'exculpatory'.
Inculpatory = implicates a person in an offenceExculpatory = intended to clear a person from blame
408
What is the aim of persistent questioning?
To establish further facts from answers already given.
409
Is it permissible to refuse to accept a suspect's explanation or denials when they are inconsistent with the evidence?
Yes
410
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
411
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
412
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
413
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
414
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
415
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.
416
Who should be used as a nominated person for a CYP?
- parent or guardian- adult member of family/whanau- other adult over 20yrs
417
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
418
What does PEACE stand for in relation to interviewing?
Planning and preparationEngage and explainAccount, probe, challengeClosureEvaluation
419
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.
420
Bill of Rights Act 1990, Section 22 has regard to?
The liberty of the person
421
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
422
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
423
Bill of Rights Act 1990, Section 23 has regard to?
Rights of persons arrested or detained
424
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
425
BOR1990, S23(2) states...
Everyone who is arrested for an offence has the right to be charged promptly or to be released
426
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
427
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
428
BOR1990, S23(5) states...
Everyone deprived of liberty shall be treated with humanity and with respect to the inherent dignity of the person
429
Bill of Rights Act 1990, Section 25 has regard to?
Rights of persons charged
430
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
431
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
432
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
433
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
434
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
435
What is the definition of a 'leading question'?
Means a question that directly or indirectly suggests a particular answer to that question.
436
What is the definition of a 'witness'?
A person who gives evidence and is able to be cross-examined in a proceeding.
437
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.
438
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.
439
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.
440
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.
441
EA2006, S27 - "Cameron V R (2009)" states...
Reliability is concerned with whether what was said is sound.
442
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.
443
EA2006, S28(4) - Without limiting the matters a judge may take into account when applying S28(2) the judge must consider;
- Any pertinent physical, mental or psychological condition at the time the statement was made.- Any pertinent characteristics of the above.- The nature of any questions put to the Defendant and the manner and circumstances in which they were put- The nature of any threat, promise or representation made to the Defendant or any other person.
444
EA2006, S28 - "Roper V R" states...
The legislative intent behind S28 is not to protect an accused from the proof statements in which he or she has lied. The fact that an accused lies when questioned about their involvement in offending is evidence that can be taken into account as probation of guilt. S28 is rather designed to protect the accused from the admission of statements obtained in circumstances likely to have adversely affected the statements reliability.
445
EA2006, S29(1) - Exclusion of statements influenced by oppression
This section applies to a criminal proceeding in which the prosecution offered or proposes to offer a statement of a Defendant if the Defendant against whom the statement is offered raises, on the basis of an evidential foundation, the issue of whether the statement was influenced by oppression, or if the judge raises the issue.
446
EA2006, S29(2) - The judge must exclude the statement unless?
Satisfied beyond reasonable doubt that the statement was not influenced by oppression.
447
EA2006, S29(4) - For the purposes of applying S29(2) a judge must, in each case, take into account any of the following matters
- Any pertinent physical, mental or psychological condition of the Defendant when the statement was made- Any pertinent characteristics of the physical, mental or psychological condition of the Defendant when the statement was made- The nature of any questions put to the Defendant and the manner and circumstances in which they were put- The nature of any threat, promise or representation made to the Defendant or any other person
448
What is the definition of 'oppression'?
Oppressive, violent, inhuman or degrading conduct towards, or treatment of, the Defendant or another personORA threat or conduct of treatment of that kind
449
EA2006, S30(1) - Exclusion of improperly obtained evidence
This section applies to a criminal proceeding in which the prosecution offers or proposes to offer evidence if the Defendant against whom the evidence is offered, raises, on the basis of an evidential foundation, the issue of whether the evidence was improperly obtained and informs the prosecution of the grounds for issue, or he judges raises the issue.
450
EA2006, S30(5) - For the purposes of this section, evidence is improperly obtained if it is...
- In consequence of a breach of any enactment or rule of law by a person to who, S3 of the NZBOR Act 1990 applies, or- In consequence of a statement made by a Defendant that is or would be inadmissible if it were offered as evidence by the prosecution, or- Unfairly
451
EA2006, S103 - Directions about giving evidence in alternative ways
In any proceeding, the judge may, either on the application of a party or on the judges own initiative, direct that a witness give evidence in chief and be cross-examined in the ordinary way or in an alternative way as provided in S105
452
EA2006, S103(3) - A witness may give their evidence in an alternative way on what grounds?
- The age or maturity of the witness- The physical, intellectual, psychological or psychiatric impairment of the witness- The trauma suffered by the witness- The witnesses fear of intimidation- The linguistic or cultural background or religious beliefs of the witness- The nature of the proceeding- The nature of the evidence that the witness is expected to give- The relationship of the witness to any party to the proceeding- The absence or likely absence of the witness from New Zealand- Any other ground likely to promote the purpose of the act
453
EA2006, S103(4) - In regard to giving directions under s103(1), the judge must have regard to
- The need to ensure the fairness of the proceeding and that there is a fair trial- The views of the witness, the need to minimise stress on the witness and the need to promote the recovery of a complainant from the alleged offence- Any other factor that is relevant to the just determination of the proceeding
454
EA2006, S27(1)(6) - Can a Defendants response to allegations become a Defendants statement?
Yes. When an allegation is put to the Defendant, the Defendants response is admissible against that Defendant as part of their statement
455
EA2006, Section 105 - Alternative ways of giving evidence
A judge may direct under S103, that the evidence of a witness is to be given in an alternative way
456
EA2006, S105(1) - A direction may be given so that the witness gives evidence in what ways?
- While in the courtroom but unable to see the Defendant or some other unspecified person- From an appropriate place outside the courtroom, either in NZ or elsewhere- By a video record made before the hearing of the proceeding- Any appropriate practical and technical means may be used to enable the judge, the jury, and any lawyers to see and hear the witness giving evidence, in accordance with any regulations made under S201- In a criminal proceeding, the Defendant may see and hear the witness, except where the judge directs otherwise- In a proceeding which a witness anonymity order has been made, effect is given to the terms of that order
457
CYPFA1989, S215 - When must a CYP be given their caution?
- Before questioning a CYP whom there are reasonable grounds to suspect of having committed an offence- Before asking any CYP any question intended to obtain an admission to an offence
458
CYPFA1989, S217 - What must an enforcement officer do upon arresting a CYP?
Explain to that CYP their Bill of Rights
459
CYPFA1989, S218 - How must a CYPs Bill of Rights be explained?
In a manner and language that is appropriate to the age and level of understanding of the CYP
460
CYPFA1989, S221 - Admissibility of statements. This section applies to?
- Every CYP questioned by an enforcement officer regarding the commission of an offence- Every CYP who has been arrested- Every CYP who an enforcement officer has decided to charge- Every CYP who has been detained by an officer pursuant to S214
461
CYPFA1989, S221(2) - No statement is admissible unless...
- Before the statement was made or given, the CYP was given their Bill of Rights in a manner and language appropriate to their age and level of understanding- Where the child wishes to consult with a barrister or solicitor and any person nominated by that child before making that statement, and consults with those persons, and- The CYP gives the statement in the presence of a barrister/solicitor AND/ORAny person nominated by themAND/ORWhere the CYP refuses to nominate someone, any approved nominated person or any other adult
462
CYPFA1989, S222(1) - A CYP may nominate one of the following persons for the purpose of S221
- Parent of guardian of the CYP- An adult member of the CYP family- Any other adult selected by the CYP- If CYP refuses to nominate then any other adult selected by enforcement officer
463
CYPFA1989, S222(2) - Where may an enforcement officer refuse the CYP to consult with a nominated person?
- If permitted, they would attempt, or would be likely to attempt to pervert the course of justice- Cannot with reasonable diligence be located, or will not be available within a reasonable time
464
If during interview, the Defendant repeatedly asks for a lawyer but one is not provided, what section under the Evidence Act 2006 may rule this statement inadmissible?
EA2006, S30 - Improperly obtained evidence
465
CYPFA1989, S2 - What are the age definitions of children and young persons?
- Children 10-13 years of age- Young person 14-16 years of age
466
When interviewing a person suspected of committing an offence, a caution should be administered when;- A substantial case has been made against the suspect?- When you have sufficient evidence to charge?- When you have grounds to believe the suspect has committed an offence?
When you have sufficient evidence to charge
467
What are probing questions?
Probing questions are used to get detail from the suspect or witness
468
When a video tape of an adult witness interview is to be played as their evidence in chief the OC must ensure?
The witness has viewed the video and given their signed consent for it to be used
469
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 they have been charged and there is good cause to suspect that person of having committed that offence
470
What are the five stages of the PEACE model?
- Planning and preparation- Engage and explain- Account, probe and challenge- Closure- Evaluation
471
If during an interview, the suspect makes an allegation of misconduct what must you do?
Continue with the interview, note their complaint and advise you will refer it to a senior Police officer at the conclusion of the interview
472
If during an interview, the suspect exercises their right to silence what should you do?
Inform them you will explain the allegations and give them the opportunity to respond. Record any responses made. If the suspect decides to give an explanation, confirm with the, they would like to waive their right to silence
473
A lawyer role is solely to represent their client and to give advice, what are you not to let the lawyer do?
- 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
474
If a lawyer arrives at the station, what must you do?
Let the suspect know of their presence. If the suspect does not want to see a lawyer, get the suspect to sign a note to that affect and give the note to the lawyer
475
Can you seek to elicit further information from a suspect once they have elected to seek legal representation?
No. You must refrain from seeking to elicit further information until all practicable steps have been taken for the suspect to contact a lawyer/solicitor
476
EA2006, S30(3) - For the purpose of S30(2), the court may, among any other matters, have regard to the following;
- The importance of any right breached by the impropietry and the seriousness of the intrusion on it- The nature of the impropietry, in particular, whether it was deliberate, reckless, or done in bad faith- The nature and quality of the improperly obtained evidence- The seriousness of the offence with which the Defendant is charged- Whether there were any other investigatory techniques not involving any breach of the rights that were known to be available but we're not used- Whether there are alternative remedies to exclusion of the evidence which can adequately provide redress to the Defendant- Whether the impropietry was necessary to avoid apprehended physical danger to the Police or others- Whether the was any urgency in obtaining the improperly obtained evidence
477
EA2006, S30(2) - In deciding whether to exclude improperly obtained evidence the judge must?
Find on the balance of probabilities whether or not the evidence was improperly obtainedANDIf the judge finds that the evidence has been improperly obtained, determine whether or not the exclusion of the evidence is proportionate to the impropietry by means of a balancing process that gives appropriate weight to the impropietry but also takes into account of the need for an effective and credible system of justice.
478
EA2006, S27(2) - A Defendants statement cannot be offered by the prosecution against the Defendant if?
It is excluded under S28, S29 or S30 of the EA2006.
479
22 BOR
Everyone has a right to not be arbitrarily arrested or detained
480
23 BOR
Rights of arrested or detained:1. a) informed of reason b) right to lawyer c) have validity determined without delay by way of habeas corpus and to be released if not lawful 2. Right to be charged promptly or to be released 3. Before court ASAP if charged 4. Right to refrain from statement 5. Treated with humanity and respect for the inherent dignity of person
481
24 BOR
Rights or person charged:- promptly informed of nature and cause of charge- released on reasonable t&c if continued detention - right to lawyer- right to adequate time and facilities to prepare a defence - right to jury if 2+ yr imprisonment - free legal assistance - free assistance of interpreter if required
482
Chief Practice Notes 1
A member of the police investigating an offence may ask questions of any person from whom it is thought that useful info may be obtained whether or not that person is a suspect, but must not suggest that it is compulsory for a person to answer LTA 113 is exception
483
Chief Practice Notes 2
Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever seek to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions.
484
Chief Practice Notes 3
Questions of a person in custody or in respect of whom there is sufficient to charge, must not amount to cross examination
485
Chief Practice Notes 4
Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained
486
Chief Practice Notes 5
Statement preferably be recorded by video recording unless impractical or if person declines to be recorded. Audio tape or writing is declined. Opportunity to review and correct errors. Offer them to sign written to confirm
487
When to repeat BOR
- advise before arrested or detained - after lengthy interview break - when interviewing on unrelated offence or offence circumstances change
488
Statement can be excluded due to unreliable or oppression if:
- physical, mental or psychological condition- any disability - nature of questions and circumstances of - nature of any threat, promise or representation made to defendant
489
When benefit is cancelled
WTA after 28days, letter sent and 10 days to resolve. 57B social security act - if risk to public safety and after good police attempt, benefit stopped immediately. Requires:- 3yrs+ charge or- any MAF, assault child or s49 DV or- LTA driving under influence- breach a sentence imposed as result of above- offender conduct
490
S & S 7
Entry without warrant to arrest person unlawfully at large - believe there - place or vehicle
491
S & S 8
Entry without warrant to arrest person suspected of having committed an offence- place or vehicle- suspect imprisonable offence committed - believe there- if delay person may leave or evidential material destroyed
492
S & S 9
Stopping a vehicle without warrant to arrest a person - unlawfully at large- committed imprisonable offence
493
S & S 10
Your powers and duties after vehicle stopped under 9- person to give details if- suspect U.A.L- committee I.O- vehicle for person- for evidential material
494
S & S 83
Searching Place after arrest- believe E.M- delay and it will be C.A.D.D
495
S & S 84
Searching vehicle after arrest - believe E.M in vehicle
496
S & S 131
N.A.M.E
497
S & S 88
Warrantless search of arrested or detained:- believe have on them anything that may harm or facilitate escape or E.M relating to offence
498
S & S 125
Searching and seizing items worn or carried when arrested or detained
499
S & S 11
Searching people who are or are to be locked upReasonable force if necessary
500
Leading question
Means a question that directly or indirectly suggests a particular answer to the question
501
Evidence Act 27
Defendants statements offered by prosecution.Admissible unless excluded as inadmissible under 28, 29 or 30
502
Evidence Act 28
Exclusion of unreliable statements in balance of probabilities
503
Evidence Act 29
Exclusion of statements influenced by oppression. Must be satisfied beyond reasonable doubt
504
Oppression
Abuse, violent, inhuman or degrading conduct towards, or treatment of, the defendant and or another person or a threat of such conduct
505
Evidence Act 30
Improperly obtained evidence in balance of probabilities
506
Evidence Act 103
Directions about alternative ways of giving evidence
507
Evidence Act 104
Chambers hearing before directions for alternative ways of giving evidence
508
Evidence Act 105
Alternative ways of giving evidence
509
CYFS Act 215-219
215 - CYP to be informed of rights before questioned215A - rights to be explained on request 216 - explain rights to CYP who is to be charged 217 - rights to be explained to CYP who is arrested 218 - explanation in manner and language appropriate to age and level of understanding 219 - explainations not required of CYP already informed
510
CYFS Act 220 - 224
220 - other enactments requiring info or particulars not affected 221 - admissibility of CYP statements222 - nominated persons 223 - spontaneous statements - when 221 does not apply 224 - reasonable compliance sufficient
511
CYFS Act 227-231
227 - right to consult lawyer if at enforcement agency for questioning 228 - as above for if at hospital 229 - parent or guardian to be informed when at enforcement agency230 - evidence of communications during visit not admissible 231 - persons who may be nominated person
512
Propensity
Evidence that tends to show a persons propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved Person can offer propensity about them self. If does, prosecutor can then use with judge permission.
513
Evidence Act 44
No questions on sexual experience of victims in sexual cases. Needs application to judge
514
Prosecution Guidelines
If satisfied sufficient evidence to provide a reasonable prospect of conviction, prosecutor next needs to consider whether in public interest
515
Who is a witness?
Witnesses are people who have info about an offence or offender. Either eyewitness, present at the time or peripheral info. Includes victims and indirect victims
516
Who is a suspect?
In relation to an offence, is someone who is believed to have or may have committed that offence whether or not they have been charged or there there is good cause to suspect of having committed that offence
517
Who can I question and do they have to answer - explain
You may ask anyone questions when investigating an offence, they do not have to answer.You cannot compel a person to answer questions if they refuse you imply that they must unless under an act.
518
What must I explain to a suspect about the reason for an interview?
Fairly inform the suspect what they are being interviewed about and the type of charge they may face
519
PEACE interviewing framework
Planning and preparationEngage and explainAccount, probe and challengeClosureEvaluation
520
Legal requirements for interviewing
Caution and advise rightsDont cross-examinateIf they have not been arrested or detained, they must be told they are free to leave.Fairly inform them of the charges they will face and what it is about
521
What is Section 22 of the BORA 1990?
Liberty of the PersonEveryone has the right not to be arbitrarily arrested or detained
522
What is Section 23 of the BORA 1990?
Rights of person arrested or detained See page 3
523
What is section 24 of the BORA 1990?
Rights of person charged See page 3
524
Guideline 1 of the practice note
A member of the police investigating an offence may ask questions of any person from who it is thought useful information may be obtained, whether or not that person is a suspect, but may not suggest it is compulsory for them to answer
525
Guideline 2 of the practice note
Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever a member of 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 questions.
526
When is a person in custody?
When they have been arrested or detained
527
If a person has been arrested arbitrarily, are they in custody?Yes / no
Yes
528
What are the ten principles of investigative interviewing
Ten Principles of Investigative Interviewing:• Interviewing is heart of investigation• Aim is to discover the truth• Info must be complete, accurate and reliable• Keep open mind• Act fairly• Questioning can be persistant• Some witnesses require special consideration• Suspects must be interviewed in accordance with law• Care must be taken to id suspects requiring special consideration• Be sensitive to cultural background and religious beliefs
529
Explain the stages of PEACE
Planning and PreparationEngage and Explain - rapport and explain interview processAccount, Probe, Challenge – gain account, clarify, challenge inconsistencies.Closure – conclude and address any concernsEvaluation
530
What are the interview objectives?
• Examine all available evidence, statements, exhibits• Take relevant extracts from witness statements/reports to assist your plan• Set objectives for the interview.
531
What are the investigatively important topics that you should establish prior to interviewing?What should you written interview plan entail?What practicalities should be considered?What factors should you consider about your suspect?What legal requirement do you need to fulfil?What should you do if your suspect refuses DVD interview? What should be contained in a suspect written interview?What format should it take?What if they use slang?How do they endorse it?What if they can't read?What if the suspect is uncooperative? What should be done in terms of fingerprints?What role does the lawyer play? What can they / can't they do? When should you consider delaying interview?What should you do if suspect is intoxicated?When should a support person be used?What role do they play? What should you tell them?What if suspect or witness does not speak English, or they are not strong in English? Deaf - Can you challenge special consideration witnesses?What is an exculpatory statement? Is it admissible in Court?Under what legislation can statements be excluded due to unreliability or oppression?Is arrest discretionary? What factors should be considered? What are the alternatives?What is duty of care? When does it start and end?CYPFWho can be nom person for CYP?Who can't be? On what grounds can you refuse?What if child refuses to nominate?When should youth rights be giveWhen should rights be repeated? Who can be present during youth interview?What should you advise nominated person?How do you ensure youth understands their rights?What if they don't appear to understand English In terms of suspects, what is a youth and what is a child?Can a child under 10 be found guilty?Can a child 10 to 13 be charged?Can a youth 14 to 16 be charged?Should parent/guardian be informed , even if they are not nominated person?
• Id possible offences committed• Consider ingredients and possible defences and decide how to counter these• Understand strength of evidence and consider how any physical evidence will be introduced• Know the facts and areas that need to be explored• Establish your challenges and how to introduce them• Decide what allegations to put to subject if they invoke right to silence.
532
What should you written interview plan entail?
• TEDS + 5W+H• What is known and needs to be established• Investigatively important topics, offences, ingredients and probably defences.• Challenges and allegations• Other relevant points
533
What practicalities should be considered?
• Special consideration arrangements• Who should be present• Time and location• Check equipment – at least two copies – master and working.• Decide if interview needs to be monitored• Consider what is likely to happen after the interview• Consider safety and if suspect will pose a danger
534
What factors should you consider about your suspect?
• Age and maturity• Name and preferred name• Race, gender, sexuality if relevant• Any physical, intellectual, psychiatric or psychological impairment• Special needs – is support person or interpreter required• Employment and routines• Emotional state
535
What legal requirement do you need to fulfil?
Caution/bill of rights
536
What should you do if your suspect refuses DVD interview?
If suspect refused dvd interview, take written statement
537
What should be contained in a suspect written interview?
• Start statement with Joe Bloggs states...• 1st paragraph – Full details• 2nd paragraph – Officers name and reason for statement being made• 3rd paragraph – that suspect has been informed of caution/rights and reason for statement being made.
538
What format should it take?
• Record statement in Q and A format
539
What if they use slang?
Exact record of what is said, persons own words, slang etc
540
How do they endorse it?What if they can't read?What if the suspect is uncooperative? What should be done in terms of fingerprints?What role does the lawyer play? What can they / can't they do? When should you consider delaying interview?What should you do if suspect is intoxicated?When should a support person be used?What role do they play? What should you tell them?What if suspect or witness does not speak English, or they are not strong in English? Deaf - Can you challenge special consideration witnesses?What is an exculpatory statement? Is it admissible in Court?Under what legislation can statements be excluded due to unreliability or oppression?Is arrest discretionary? What factors should be considered? What are the alternatives?What is duty of care? When does it start and end?CYPFWho can be nom person for CYP?Who can't be? On what grounds can you refuse?What if child refuses to nominate?When should youth rights be giveWhen should rights be repeated? Who can be present during youth interview?What should you advise nominated person?How do you ensure youth understands their rights?What if they don't appear to understand English In terms of suspects, what is a youth and what is a child?Can a child under 10 be found guilty?Can a child 10 to 13 be charged?Can a youth 14 to 16 be charged?Should parent/guardian be informed , even if they are not nominated person?
“I have read this statement, it is true and correct...• Sign to endorse each page – both suspect and officer
541
What is a 'suspect'?
Suspect' – means any person whom it is believed has or may have committed that offence, whether they have been charged with that offfence, or there is good cause to suspect that person of having committed offence.
542
A compliant witness is one who always provides good information to assist the investigationTrue False
False
543
You should not obtain a written statement from a witness of doubtful reliability as the statement will more tahn likely be inadmissibleTRUE FALSE
FALSE
544
When thre are multiple witnesses to a serious incident/offence the investigator should :-Sepearte the witnesses, conduct a brief initial interview with eacah and gather witness details-listen to their collective recall of events and assess who can provide the most accurate recall of the incident-separate the witnesses as soon as feasible, ask them to wait and call for advice and assistance
Sepearte the witnesses, conduct a brief initial interview with eacah and gather witness details
545
When a witness refuses to talk with you or be interviewed, then that is their right. you should make a notebook or jobsheet record of their reasons for refusing and your opinion on why they refused.TRUEFALSE
TRUE
546
If a special consideration witness refuses to be interviewed but is happy to talk informally about an event, you may still discuss the offence details with them and continue to question them to clarify informationTRUEFALSE
TRUE
547
In the engage and explain phase of an interview with a witness who is fearful or distressed about the consequences of making a statement you should: -consider their concersn and assess their reasons, discuss with your supervisor if a visually recorded interview is required-Alert a supervisor to the status as a special consideration witness and the need for a specialisy interviewer-consider their concerns and do not proceed with the interview if they do not have a support person
-consider their concersn and assess their reasons, discuss with your supervisor if a visually recorded interview is required
548
The role of an interview support person for a special consideration witness is to: -Ensure their well being and support their understanding of what is happening-Protect the witness from wrongfully incriminating themselves or others-emphasise with the witness and assist them to give their account
-Ensure their well being and support their understanding of what is happening
549
Should a person who is intoxicated at interviewbe treated as a sepcial consideration witness?-Yes because thier ability to give accrate information is affected-Yes becasue they will not fully understand the reason for the interview-No because alcohol only temporarily impairs their baility to talk
Yes because thier ability to give accrate information is affected
550
you should not obtain a writeen statement from a witness of doubtful reliability as the statement will more than likely be inadmissibleTRUEFALSE
FALSE
551
If a witness becomes a suspect during interview, then the interviewer should:-caution, shift to procedures for interviewing suspects and ensure the interview is visually recorded-switch to conversation management to control the suspect and continue to interview-Caution and detain witness, close the interview and inform their supervisor
-caution, shift to procedures for interviewing suspects and ensure the interview is visually recorded
552
When you are interviewing a witness about a serious incident and the witness requires an interpreter then you should:TRUE/FALSEVisually record the interview-allow the interpreter unsupervised time with the witness-Avoid using a interpreter who knows the witness-Discuss the aim and objectives of the interview wit the interpreter-Use your interview notes to write the statement in English
TRUEFALSETRUETRUETRUE
553
When planning an interview with a special consideration witness, the investigator should:-Consult a supervisor to make decisions about the interview-conduct the interview promptly to avoiud memory loss-prepare to use conversation management to maximise the witnessa account
-Consult a supervisor to make decisions about the interview
554
In general, should an investigator regarda child or youth under the age of 18 years as a special consideration witness?
Yes because their age and maturity level may mean they are vulnerable in an interview situation
555
A special consideration witness may be described as "vulnerable". Vulnerable means: -Angry, suspicious, defenceless-suspicious, inconsistent, stressed-susceptible, defensive, in a weak position
susceptible, defensive, in a weak position
556
A special consideration witness is one who:-Is more likely to give a statement that will be difficult to corroborate thereby creating more work for the investigator-Is unable to remember details of the offence they witnessed due to the time that has lapsed before the interview-Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate
-Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate
557
An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory.
TRUE
558
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.
559
An interview you are under no obligations to advise the suspect of everything known before asking for the suspect's version of events.
TRUE
560
In relation to cross examination which of the following answers is correct?
- Questions aimed at establishing further facts from answers given are acceptable.
561
The investigative interviewing suspects guide provides direction on how to introduce a challenge. It suggests a process of using a sequence of phrase starting with key words.
- You said.... We have.... Explain that....
562
If a suspect's 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.
563
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.
564
When investigating an offence you may ask questions of any person of whom it is thought that useful information may be obtained but they are under no obligation to answer your questions.
TRUE
565
Correctly informing a suspect of the caution at the beginning of an interview ensures that the interview record will be admissible.
TRUE
566
The preference to video record an interview with a suspect only applies when they are suspected of committing a category 1 or 2 offence.
FALSE
567
All suspect interviews should preferably be recorded by video recording unless that is impractical or unless the person declines to be recorded by video.
TRUE
568
The Chief Justice Practice Note on Police Questioning.
Directs the conduct of Police interviewing practice as guided by the judiciar
569
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 nor.
570
Persistent questioning is generally acceptable interviewer behaviour while cross examination can be regarded as inappropriate interviewer behaviour.
TRUE
571
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.
572
Guideline 5 directs that after the completion of an interview the suspect should be given opportunity to review the interview record and. (TRUE or FALSE)- Make any additions - Sign that they have read it and agree with it- Correct any errors
TRUETRUETRUE
573
After charging a shoplifter with theft and lodging her in the cells, you receive information leading you to suspect her of further thefts
- Interview her again on video, caution again and question her about the new allegations.
574
A serious assault has occurred at a private party, when you arrive at the scene you wish to speak to the patrons about the assault.In the circumstances Police behaviour must reflect Guideline 1 of the CJPN which is
- You must not suggest through words or actions that a person must answer your questions.
575
When interviewing a person suspected of committing an offence, when should the caution be administered?
- When you have sufficient evidence to charge a person with an offence.
576
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
577
On being shown to the station's interviewing room to consult with her client, a lawyer complains that a video machine is on and can be monitored from an adjacent room. She refers to the client's rights to consult in private and requests the video marching is turned off.What response should she receive?
The machine will be turned off immediately as requested.
578
Which of the following behaviours demonstrated by the lawyer at a suspect interview would be deemed unacceptable?
Answering the interviewer's questions on behalf of their client.
579
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.
580
During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint
Yes, the complaint should be noted on video and the suspect told they will be referred to a senior officer following this interview.
581
The meaning of the term arbitrary detention are explained in the case R vs Goodwin (1993) is
- When words of conduct of an officer cause a person to believe that he or she is not free to go.
582
Section 22 of the NZ Bill of Rights Act 1990 deals with the rights of a person who has been arrested or detained.Match the descriptions with the definitions.
- When a person is detained for questioning without understanding they are free to leave (Arbitrary Detention)- When a person is detained under an enactment € e.g S 202B Crimes Act 1961 and exercises their right to silence (Lawful Detention)- When a person in authority uses that authority to restrict the movement of another (Arrest)
583
Under Section 29 of the Evidence Act 2006, oppression is defined as
Threats, degrading treatment or violence to the defendant or any other person.
584
The judge must exclude a defendant's statement if they are satisfied it was influenced by oppression. What is the standard of proof required?
Beyond reasonable doubt
585
The judge must exclude a defendant's statement if they are satisfied the statement was improperly obtained.What is the standard of proof required?
- Balance of probabilities.
586
You and a colleague are separately interviewing two suspects at the station, your suspect is uncooperative so you leave the room, returnfive minutes later and tell him that his friend has admitted taking part in the burglary. H shrugs, readily admits his involvement and ,after pleads guilty Would the above admission by your suspect be admissible in court?
- no, because the admission was obtained by misrepresenting the truth to your suspect
587
Last week you were called o large department store where security advises they have CCTV evidence of the female 18yrs old shoplifting clothing. On further investigation you fin s the young woman has an extensive youth file which includes numerous incidents of dishonesty and theft.Which one of the following public interest factors most supports prosecution in this case?
the likelihood of the offence being repeated
588
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 describes the person considered to be the most appropriate for the role?
An adult member of the family or whanau
589
A youth suspect (14yrs) is asked who he wishes to have as his nominated person at interview. His parents are divorced and although he lives locally with his mother he nominates his father who lives out of the district.
Advise the father of the circumstances and make enquiries about his availability.
590
Which of the following people may not act as nominated persons, even if the young person specifically request them?
A person who believe on reasonable grounds would attempt to pre vert the court of justice if permitted to consult with the young person.
591
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 right caution with reasonable diligence to gain his understanding.
592
Gary (16yrs) 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.
593
When giving advice to a youth not under arrest you should tell the that if they:
- Consent to accompany you they can withdraw that consent at any time.- Refuse to give you their correct name and address you can arrest them.
594
Under Section 2 of the CYPF Act 1989, which of the following definitions is correct?
A young person is aged 14 - 16yr
595
According to Section 128 of the CYPF Act 1989, when cautioning a child or young person you must ensure that all ____ you give is provided in a language and ___ the child / young person can ____.
Advice, manner, understand.
596
Which of the following persons 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
597
You are called to an aggrevated robbery at a liquor store. As you arrive the offender decamps but you chase and apprehend a 15yr 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 inadmissible due to his age and the protection of the CYPF Act 1989.
598
When do you caution a youth?
- Before asking any questions intended to obtain an admission
599
: You are planning to interview Simone (14yrs) 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.
600
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
601
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
602
If the nominated person chosen by the youth cannot be located with reasonable diligence you should ask the youth to choose another person.
TRUE
603
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 if their child's presence at the station.
FALSE
604
Police must advise the nominated person of the rights of a child / young person who is suspected of an offence prior to any interview taking place.
TRUE
605
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 make a statement.
TRUE
606
An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory.
TRUE
607
What is Section 22 of the BORA 1990?
Liberty of the PersonEveryone has the right not to be arbitrarily arrested or detained
608
What is Section 23 of the BORA 1990?
Rights of person arrested or detained See page 3
609
What is section 24 of the BORA 1990?
Rights of person charged See page 3
610
Guideline 1 of the practice note
A member of the police investigating an offence may ask questions of any person from who it is thought useful information may be obtained, whether or not that person is a suspect, but may not suggest it is compulsory for them to answer
611
Guideline 2 of the practice note
Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever a member of 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 questions.
612
When is a person in custody?
When they have been arrested or detained
613
If a person has been arrested arbitrarily, are they in custody?Yes / no
Yes
614
What is arbitrary detention?
Not lawful, without lawful authority, based on random choice
615
If the suspect is not under arrest and not detained, but he does not believe he is free to leave (based on police conduct)Is this arbitrary detention? Yes / No
Yes
616
Do you have to tell the suspect what they are being interviewed about?
Yes
617
Can you withhold from the suspect (during an interview) the charge they may face?
No
618
What are the consequences of not recording what a suspect said (after BOR) if you want to then use this admission as evidence?
The evidence may be held inadmissible or be given very little evidential weight
619
does idle chat with a suspect need to be recorded?
No However - best to record the fact that other topics were discussed with the suspect
620
Guideline 3
Questions of a person in custody or in respect of whom there is sufficient evidence to file a charge must not amount to cross examination
621
What is the consequence of excessive or oppressive cross examining in an interview?
Exclusion of the interview in court
622
What is the difference between persistent questioning and cross examination?
Persistent questioning aims to establish further facts from answers already given. A suspect can be challenged if their account is not consistent with facts obtained during the course of an enquiry.
623
Guideline 4
Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained
624
Guideline 5
Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should preferably be recorded by video recording unless that is impracticable or unless the person declined to be recorded by video. When the statement is not recorded by video, it must be recorded permanently on audio tape or in writing. The person making the statement must be given an opportunity to review the tape or written statement. Must be given an opportunity to correct any errors or add anything further. Where the statement is recorded in writing, the person must be asked if he or she wishes to confirm the written record as correct by signing it
625
Define statement
- A spoken or written assertion by a person or - non- verbal conduct of a person that is intended by that person as an assertion of any matter
626
True or false:I don't need to repeat the BOR after a lengthy break in an interview, as long as it is within the same day
false:Caution/rights should be repeated after a lengthy break in the interview
627
True or falseYou can bribe a suspect /enter into a deal with them e.g."If you tell me what you did, your girlfriend wont be charged"
false
628
Fill in the gap:_______ means a statement that is - made by a person who is or becomes party to the proceeding - adverse to the person's interest in the outcome of the proceeding
Admission
629
________ statement means 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
hearsay
630
True or false:The Chief Justice practice Note is a strict rule of law
false
631
Who is a witness?
Witnesses are people who have info about an offence or offender. Either eyewitness, present at the time or peripheral info. Includes victims and indirect victims
632
Who is a suspect?
In relation to an offence, is someone who is believed to have or may have committed that offence whether or not they have been charged or there there is good cause to suspect of having committed that offence
633
Who can I question and do they have to answer - explain
You may ask anyone questions when investigating an offence, they do not have to answer.You cannot compel a person to answer questions if they refuse you imply that they must unless under an act.
634
What must I explain to a suspect about the reason for an interview?
Fairly inform the suspect what they are being interviewed about and the type of charge they may face
635
PEACE interviewing framework
Planning and preparationEngage and explainAccount, probe and challengeClosureEvaluation
636
Legal requirements for interviewing
Caution and advise rightsDont cross-examinateIf they have not been arrested or detained, they must be told they are free to leave.Fairly inform them of the charges they will face and what it is about
637
22 BOR
Everyone has a right to not be arbitrarily arrested or detained
638
23 BOR
Rights of arrested or detained:1. a) informed of reason b) right to lawyer c) have validity determined without delay by way of habeas corpus and to be released if not lawful 2. Right to be charged promptly or to be released 3. Before court ASAP if charged 4. Right to refrain from statement 5. Treated with humanity and respect for the inherent dignity of person
639
24 BOR
Rights or person charged:- promptly informed of nature and cause of charge- released on reasonable t&c if continued detention - right to lawyer- right to adequate time and facilities to prepare a defence - right to jury if 2+ yr imprisonment - free legal assistance - free assistance of interpreter if required
640
Chief Practice Notes 1
A member of the police investigating an offence may ask questions of any person from whom it is thought that useful info may be obtained whether or not that person is a suspect, but must not suggest that it is compulsory for a person to answer LTA 113 is exception
641
Chief Practice Notes 2
Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever seek to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions.
642
Chief Practice Notes 3
Questions of a person in custody or in respect of whom there is sufficient to charge, must not amount to cross examination
643
Chief Practice Notes 4
Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained
644
Chief Practice Notes 5
Statement preferably be recorded by video recording unless impractical or if person declines to be recorded. Audio tape or writing is declined. Opportunity to review and correct errors. Offer them to sign written to confirm
645
When to repeat BOR
- advise before arrested or detained - after lengthy interview break - when interviewing on unrelated offence or offence circumstances change
646
Statement can be excluded due to unreliable or oppression if:
- physical, mental or psychological condition- any disability - nature of questions and circumstances of - nature of any threat, promise or representation made to defendant
647
When benefit is cancelled
WTA after 28days, letter sent and 10 days to resolve. 57B social security act - if risk to public safety and after good police attempt, benefit stopped immediately. Requires:- 3yrs+ charge or- any MAF, assault child or s49 DV or- LTA driving under influence- breach a sentence imposed as result of above- offender conduct
648
S & S 7
Entry without warrant to arrest person unlawfully at large - believe there - place or vehicle
649
S & S 8
Entry without warrant to arrest person suspected of having committed an offence- place or vehicle- suspect imprisonable offence committed - believe there- if delay person may leave or evidential material destroyed
650
S & S 9
Stopping a vehicle without warrant to arrest a person - unlawfully at large- committed imprisonable offence
651
S & S 10
Your powers and duties after vehicle stopped under 9- person to give details if- suspect U.A.L- committee I.O- vehicle for person- for evidential material
652
S & S 83
Searching Place after arrest- believe E.M- delay and it will be C.A.D.D
653
S & S 84
Searching vehicle after arrest - believe E.M in vehicle
654
S & S 131
N.A.M.E
655
S & S 88
Warrantless search of arrested or detained:- believe have on them anything that may harm or facilitate escape or E.M relating to offence
656
S & S 125
Searching and seizing items worn or carried when arrested or detained
657
S & S 11
Searching people who are or are to be locked upReasonable force if necessary
658
Leading question
Means a question that directly or indirectly suggests a particular answer to the question
659
Evidence Act 27
Defendants statements offered by prosecution.Admissible unless excluded as inadmissible under 28, 29 or 30
660
Evidence Act 28
Exclusion of unreliable statements in balance of probabilities
661
Evidence Act 29
Exclusion of statements influenced by oppression. Must be satisfied beyond reasonable doubt
662
Oppression
Abuse, violent, inhuman or degrading conduct towards, or treatment of, the defendant and or another person or a threat of such conduct
663
Evidence Act 30
Improperly obtained evidence in balance of probabilities
664
Evidence Act 103
Directions about alternative ways of giving evidence
665
Evidence Act 104
Chambers hearing before directions for alternative ways of giving evidence
666
Evidence Act 105
Alternative ways of giving evidence
667
CYFS Act 215-219
215 - CYP to be informed of rights before questioned215A - rights to be explained on request 216 - explain rights to CYP who is to be charged 217 - rights to be explained to CYP who is arrested 218 - explanation in manner and language appropriate to age and level of understanding 219 - explainations not required of CYP already informed
668
CYFS Act 220 - 224
220 - other enactments requiring info or particulars not affected 221 - admissibility of CYP statements222 - nominated persons 223 - spontaneous statements - when 221 does not apply 224 - reasonable compliance sufficient
669
CYFS Act 227-231
227 - right to consult lawyer if at enforcement agency for questioning 228 - as above for if at hospital 229 - parent or guardian to be informed when at enforcement agency230 - evidence of communications during visit not admissible 231 - persons who may be nominated person
670
Propensity
Evidence that tends to show a persons propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved Person can offer propensity about them self. If does, prosecutor can then use with judge permission.
671
Evidence Act 44
No questions on sexual experience of victims in sexual cases. Needs application to judge
672
Prosecution Guidelines
If satisfied sufficient evidence to provide a reasonable prospect of conviction, prosecutor next needs to consider whether in public interest
673
Bill of Rights Act 1990, Section 22 has regard to?
The liberty of the person
674
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
675
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
676
Bill of Rights Act 1990, Section 23 has regard to?
Rights of persons arrested or detained
677
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
678
BOR1990, S23(2) states...
Everyone who is arrested for an offence has the right to be charged promptly or to be released
679
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
680
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
681
BOR1990, S23(5) states...
Everyone deprived of liberty shall be treated with humanity and with respect to the inherent dignity of the person
682
Bill of Rights Act 1990, Section 25 has regard to?
Rights of persons charged
683
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
684
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
685
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
686
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
687
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
688
What is the definition of a 'leading question'?
Means a question that directly or indirectly suggests a particular answer to that question.
689
What is the definition of a 'witness'?
A person who gives evidence and is able to be cross-examined in a proceeding.
690
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.
691
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.
692
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.
693
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.
694
EA2006, S27 - "Cameron V R (2009)" states...
Reliability is concerned with whether what was said is sound.
695
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.
696
EA2006, S28(4) - Without limiting the matters a judge may take into account when applying S28(2) the judge must consider;
- Any pertinent physical, mental or psychological condition at the time the statement was made.- Any pertinent characteristics of the above.- The nature of any questions put to the Defendant and the manner and circumstances in which they were put- The nature of any threat, promise or representation made to the Defendant or any other person.
697
EA2006, S28 - "Roper V R" states...
The legislative intent behind S28 is not to protect an accused from the proof statements in which he or she has lied. The fact that an accused lies when questioned about their involvement in offending is evidence that can be taken into account as probation of guilt. S28 is rather designed to protect the accused from the admission of statements obtained in circumstances likely to have adversely affected the statements reliability.
698
EA2006, S29(1) - Exclusion of statements influenced by oppression
This section applies to a criminal proceeding in which the prosecution offered or proposes to offer a statement of a Defendant if the Defendant against whom the statement is offered raises, on the basis of an evidential foundation, the issue of whether the statement was influenced by oppression, or if the judge raises the issue.
699
EA2006, S29(2) - The judge must exclude the statement unless?
Satisfied beyond reasonable doubt that the statement was not influenced by oppression.
700
EA2006, S29(4) - For the purposes of applying S29(2) a judge must, in each case, take into account any of the following matters
- Any pertinent physical, mental or psychological condition of the Defendant when the statement was made- Any pertinent characteristics of the physical, mental or psychological condition of the Defendant when the statement was made- The nature of any questions put to the Defendant and the manner and circumstances in which they were put- The nature of any threat, promise or representation made to the Defendant or any other person
701
What is the definition of 'oppression'?
Oppressive, violent, inhuman or degrading conduct towards, or treatment of, the Defendant or another personORA threat or conduct of treatment of that kind
702
EA2006, S30(1) - Exclusion of improperly obtained evidence
This section applies to a criminal proceeding in which the prosecution offers or proposes to offer evidence if the Defendant against whom the evidence is offered, raises, on the basis of an evidential foundation, the issue of whether the evidence was improperly obtained and informs the prosecution of the grounds for issue, or he judges raises the issue.
703
EA2006, S30(5) - For the purposes of this section, evidence is improperly obtained if it is...
- In consequence of a breach of any enactment or rule of law by a person to who, S3 of the NZBOR Act 1990 applies, or- In consequence of a statement made by a Defendant that is or would be inadmissible if it were offered as evidence by the prosecution, or- Unfairly
704
EA2006, S103 - Directions about giving evidence in alternative ways
In any proceeding, the judge may, either on the application of a party or on the judges own initiative, direct that a witness give evidence in chief and be cross-examined in the ordinary way or in an alternative way as provided in S105
705
EA2006, S103(3) - A witness may give their evidence in an alternative way on what grounds?
- The age or maturity of the witness- The physical, intellectual, psychological or psychiatric impairment of the witness- The trauma suffered by the witness- The witnesses fear of intimidation- The linguistic or cultural background or religious beliefs of the witness- The nature of the proceeding- The nature of the evidence that the witness is expected to give- The relationship of the witness to any party to the proceeding- The absence or likely absence of the witness from New Zealand- Any other ground likely to promote the purpose of the act
706
EA2006, S103(4) - In regard to giving directions under s103(1), the judge must have regard to
- The need to ensure the fairness of the proceeding and that there is a fair trial- The views of the witness, the need to minimise stress on the witness and the need to promote the recovery of a complainant from the alleged offence- Any other factor that is relevant to the just determination of the proceeding
707
EA2006, S27(1)(6) - Can a Defendants response to allegations become a Defendants statement?
Yes. When an allegation is put to the Defendant, the Defendants response is admissible against that Defendant as part of their statement
708
EA2006, Section 105 - Alternative ways of giving evidence
A judge may direct under S103, that the evidence of a witness is to be given in an alternative way
709
EA2006, S105(1) - A direction may be given so that the witness gives evidence in what ways?
- While in the courtroom but unable to see the Defendant or some other unspecified person- From an appropriate place outside the courtroom, either in NZ or elsewhere- By a video record made before the hearing of the proceeding- Any appropriate practical and technical means may be used to enable the judge, the jury, and any lawyers to see and hear the witness giving evidence, in accordance with any regulations made under S201- In a criminal proceeding, the Defendant may see and hear the witness, except where the judge directs otherwise- In a proceeding which a witness anonymity order has been made, effect is given to the terms of that order
710
CYPFA1989, S215 - When must a CYP be given their caution?
- Before questioning a CYP whom there are reasonable grounds to suspect of having committed an offence- Before asking any CYP any question intended to obtain an admission to an offence
711
CYPFA1989, S217 - What must an enforcement officer do upon arresting a CYP?
Explain to that CYP their Bill of Rights
712
CYPFA1989, S218 - How must a CYPs Bill of Rights be explained?
In a manner and language that is appropriate to the age and level of understanding of the CYP
713
CYPFA1989, S221 - Admissibility of statements. This section applies to?
- Every CYP questioned by an enforcement officer regarding the commission of an offence- Every CYP who has been arrested- Every CYP who an enforcement officer has decided to charge- Every CYP who has been detained by an officer pursuant to S214
714
CYPFA1989, S221(2) - No statement is admissible unless...
- Before the statement was made or given, the CYP was given their Bill of Rights in a manner and language appropriate to their age and level of understanding- Where the child wishes to consult with a barrister or solicitor and any person nominated by that child before making that statement, and consults with those persons, and- The CYP gives the statement in the presence of a barrister/solicitor AND/ORAny person nominated by themAND/ORWhere the CYP refuses to nominate someone, any approved nominated person or any other adult
715
CYPFA1989, S222(1) - A CYP may nominate one of the following persons for the purpose of S221
- Parent of guardian of the CYP- An adult member of the CYP family- Any other adult selected by the CYP- If CYP refuses to nominate then any other adult selected by enforcement officer
716
CYPFA1989, S222(2) - Where may an enforcement officer refuse the CYP to consult with a nominated person?
- If permitted, they would attempt, or would be likely to attempt to pervert the course of justice- Cannot with reasonable diligence be located, or will not be available within a reasonable time
717
If during interview, the Defendant repeatedly asks for a lawyer but one is not provided, what section under the Evidence Act 2006 may rule this statement inadmissible?
EA2006, S30 - Improperly obtained evidence
718
CYPFA1989, S2 - What are the age definitions of children and young persons?
- Children 10-13 years of age- Young person 14-16 years of age
719
When interviewing a person suspected of committing an offence, a caution should be administered when;- A substantial case has been made against the suspect?- When you have sufficient evidence to charge?- When you have grounds to believe the suspect has committed an offence?
When you have sufficient evidence to charge
720
What are probing questions?
Probing questions are used to get detail from the suspect or witness
721
When a video tape of an adult witness interview is to be played as their evidence in chief the OC must ensure?
The witness has viewed the video and given their signed consent for it to be used
722
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 they have been charged and there is good cause to suspect that person of having committed that offence
723
What are the five stages of the PEACE model?
- Planning and preparation- Engage and explain- Account, probe and challenge- Closure- Evaluation
724
If during an interview, the suspect makes an allegation of misconduct what must you do?
Continue with the interview, note their complaint and advise you will refer it to a senior Police officer at the conclusion of the interview
725
If during an interview, the suspect exercises their right to silence what should you do?
Inform them you will explain the allegations and give them the opportunity to respond. Record any responses made. If the suspect decides to give an explanation, confirm with the, they would like to waive their right to silence
726
A lawyer role is solely to represent their client and to give advice, what are you not to let the lawyer do?
- 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
727
If a lawyer arrives at the station, what must you do?
Let the suspect know of their presence. If the suspect does not want to see a lawyer, get the suspect to sign a note to that affect and give the note to the lawyer
728
Can you seek to elicit further information from a suspect once they have elected to seek legal representation?
No. You must refrain from seeking to elicit further information until all practicable steps have been taken for the suspect to contact a lawyer/solicitor
729
EA2006, S30(3) - For the purpose of S30(2), the court may, among any other matters, have regard to the following;
- The importance of any right breached by the impropietry and the seriousness of the intrusion on it- The nature of the impropietry, in particular, whether it was deliberate, reckless, or done in bad faith- The nature and quality of the improperly obtained evidence- The seriousness of the offence with which the Defendant is charged- Whether there were any other investigatory techniques not involving any breach of the rights that were known to be available but we're not used- Whether there are alternative remedies to exclusion of the evidence which can adequately provide redress to the Defendant- Whether the impropietry was necessary to avoid apprehended physical danger to the Police or others- Whether the was any urgency in obtaining the improperly obtained evidence
730
EA2006, S30(2) - In deciding whether to exclude improperly obtained evidence the judge must?
Find on the balance of probabilities whether or not the evidence was improperly obtainedANDIf the judge finds that the evidence has been improperly obtained, determine whether or not the exclusion of the evidence is proportionate to the impropietry by means of a balancing process that gives appropriate weight to the impropietry but also takes into account of the need for an effective and credible system of justice.
731
EA2006, S27(2) - A Defendants statement cannot be offered by the prosecution against the Defendant if?
It is excluded under S28, S29 or S30 of the EA2006.
732
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]
733
Define 'inculpatory' and 'exculpatory'.
Inculpatory = implicates a person in an offenceExculpatory = intended to clear a person from blame
734
What is the aim of persistent questioning?
To establish further facts from answers already given.
735
Is it permissible to refuse to accept a suspect's explanation or denials when they are inconsistent with the evidence?
Yes
736
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
737
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
738
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
739
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
740
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
741
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.
742
Who should be used as a nominated person for a CYP?
- parent or guardian- adult member of family/whanau- other adult over 20yrs
743
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
744
What does PEACE stand for in relation to interviewing?
Planning and preparationEngage and explainAccount, probe, challengeClosureEvaluation
745
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.
746
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).
747
Define inculpatory.
Implicates a person in an offence.
748
Define exculpatory.
Intended to clear a person from blame.
749
What is the aim of persistent questioning?
To establish further facts from answers already given.
750
Is it permissible to refuse to accept a suspects explanation or denials when they are inconsistent with the evidence?
Yes.
751
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.
752
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.
753
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.
754
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.
755
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.
756
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.
757
Who should be used as a nominated person for a CYP?
. parent or guardian. adult member of family. other adult over 20 years.
758
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.
759
What does PEACE stand for in relation to interviewing?
. Planning and preparation. Engage and explain. Account, probe, challenge. Closure. Evaluation.
760
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.
761
Can you arrest a suspect for the purpose of interviewing them to gather information?
No.
762
Can Police detain a person for questioning without lawful detention or arrest?
No.
763
Does the free recall include a challenge phase?
No.
764
An interviewer can be persistent in questioning if the offenders statement is inconsistent or contradictory.
True.
765
Under s29 of the Evidence Act, oppression is defined as:
Threats, degrading treatment or violence to the defendant or any other person.
766
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant.
True.
767
Evidence is improperly obtained if it is:
Obtained unfairly or unlawfully.
768
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.
769
Representation refers to the behaviour of the interviewer who:
Promises a favour in return for a requested action.
770
A consideration the Judge won't make when offenders rights breached:
Defendant's conduct in instigating the breach.
771
A defendant's statement will be inadmissible if:
. they are confused with rhetorical questioning. under the influence of drugs/alcohol. promised a court outcome.
772
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.
773
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.
774
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.
775
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.
776
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.
777
Under section 29 of the Evidence Act 2006, oppression is defined as:
Threats, degrading treatment or violence to the defendant or any other person.
778
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.
779
Representation refers to the behaviour of the interviewer who:
Promises a favour in return for a requested action.
780
Evidence is improperly obtained if it is:
Obtained unfairly or unlawfully.
781
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.
782
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.
783
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.
784
As a exception to the hearsay rule, a statement made by a defendant is admissible against that defendant.
True.
785
A statement made by a defendant is admissible as evidence against a co-defendant in the proceedings.
False.
786
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.
787
As defined by the Evidence Act 2006 a statement is limited to a written or verbal assertion by a person on any matter.
False.
788
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.
789
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.
790
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.
791
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.
792
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.
793
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.
794
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.
795
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.
796
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.
797
Under section 2 of the CYPF Act 1989, which of the following definitions is correct:
A young person is aged 14-16 years.
798
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.
799
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.
800
When do you caution a youth?
Before asking any questions intended to obtain an admission.
801
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.
802
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.
803
If the nominated person chosen by the youth cannot be located within reasonable diligence you should ask the youth to choose another person.
True.
804
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.
805
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.
806
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.
807
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.
808
Correctly informing a suspect of the caution at the beginning of the interview ensures that the interview record will be admissible.
False.
809
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.
810
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.
811
The Chief Justice Practice Note on Police Questioning:
Directs the conduct of police interviewing practice as guided by the judiciary.
812
At interview you are under no obligation to advise the suspect of everything known before asking for the suspects version of events.
True.
813
In relation to cross-examination which of the following answers is correct?
Questions aimed at establishing further facts from answers given are acceptable.
814
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.
815
An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory.
True.
816
All suspect interviews should preferably be recorded by video recording unless the person declines to be recorded by video.
True.
817
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.
818
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.
819
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.
820
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.
821
Persistent questioning is generally acceptable interviewer behaviour while cross-examination can be regarded as inappropriate interviewer behaviour.
True.
822
"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.
823
Which example is correct?A written statement from a witness interview:
Must record the witness' narrative of events in the chronological order they occurred.
824
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.
825
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.
826
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.
827
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.
828
Which of the following statements is incorrect.A witness in a Free Recall interview:
Should be challenged following their first FR account.
829
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.
830
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.
831
Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable?
Challenging the interviewer on the validity of the allegations made.
832
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.
833
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.
834
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.
835
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.
836
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.
837
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.
838
What are the ten principles for investigative interviewing?
1. 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
839
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.
840
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
841
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.
842
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.
843
Who are some appropriate support people we you can use?
- Parent or caregiver- Carer- Family member- Close friend- Mental health worker- Support counsellor
844
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.
845
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
846
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.
847
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.
848
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.
849
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
850
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.
851
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.
852
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.
853
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.
854
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.
855
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.
856
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.
857
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.
858
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.
859
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.
860
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.
861
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.
862
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
863
You can arrest a suspect for the purpose of interviewing them to gather info
False
864
A person "in custody" when
The words of arrest and physical touch clearly signals the person is not free
865
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
866
If a person is arrested for an offence you CANNOT interview them because they must appear before the court as soon as possible
False
867
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
868
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
869
Police have NO power to detain a suspect for questioning without arrest or lawful detention
True
870
A statement made by a defendant is admissible against a co defendant in the proceedings
False
871
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
872
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
873
Standard of proof for OPPRESSION
Beyond reasonable doubt
874
What is evidence improperly obtained.During interviewing with new immigrant the interviewer
Does not ensure the suspect really understands his rights
875
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant
True
876
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
877
Evidence is improperly obtained if it is
Is obtained unfairly or unlawfully
878
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
879
Complainant victim of sexual abuse by dadRelationship between complainant and defendantSexual nature of alleged ongoing offendingTrauma suffered over 15 years
All true
880
Interview record that has been improperly obtained (example)
Repeatably asks for a lawyer but the interview continues without one
881
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
882
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
883
What is the standard of proof for improperly obtained
Balance of probabilities
884
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
885
Representation refers to the behaviour of the interviewer who
Promises a favour in return for a required actions
886
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
887
S29 Evidence Act 2006Oppression defined as
Threats, degrading treatment or violence to the defendant or any other person
888
As defined by Evidence Act 2006A statement is limited to a written or verbal assertion by a person on any matter
False
889
What will affect reliability of suspect interview (example)
Suspect is tired and clearly unwell but is not offered an interview break
890
Person considered most appropriate to support CYP
An adult member of their family or whanau
891
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
892
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
893
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
894
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
895
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
896
S2 CYPF Act 1989Definition of...A childA young person
10-1314-16
897
When cautioning a CYP you must ensure that all ________ you give is provided in a language an _________ that the CYP can __________
Advice, manner, understand
898
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
899
Spontaneous admission of CYP is admissible
His confession is admissible but must be cautioned ASAP
900
When do you caution a youth
Before asking any questions intended to obtain an admission
901
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
902
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
903
Do you meet CYP obligations by saying "do you understand"
False
904
If nominated person chosen by CYP cannot be located with reasonable diligence you should ask CYP to chose another
True
905
CYP picked someone other than parent there is NO need to inform parent
False
906
Police must advise nominated person of the rights of CYP who is suspected of offence prior to interview
True
907
You MUST fairly inform CYP of right to lawyer or nominated person with them while answer questions or make statement
True
908
An interviewer may persist in their questioning when the account given by the suspect is inconsistent and contradictory
True
909
Interviewing suspectSequence or phrases, starting with key words
You said.... We have..... Explain that
910
Guideline 1 of CJPN
You must not suggest through words or actions that a person must answer your questions
911
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
912
Persistent questioning is generally accepted interviewer behaviour while cross examination can be regarded as inappropriate behaviour
True
913
All suspect interviews should be recorded by video
True
914
If a suspect right to lawyer cannot be facilitated immediately, what action is required
Advise suspect of that fact and the reason for delay
915
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
916
Persistent refers to interviewer behaviour and means
Asking questions in a manner that will stand up to scrutiny in court
917
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
918
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
919
The CJPN on police questioning
Directs the conduct of police interviewing practise as guided by judiciary
920
In relation to cross examination. What is it?
Questions aimed to establish further facts from answers given are acceptable
921
Preference to video record interviews only applies to category 1 and 2 offences
False
922
Guideline 5 direct after interviewing suspect should be given opportunity to review and....
Sign that they have read and agreeMake additionsCorrect errors
923
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
924
Decide not to speak whilst in interview. You should
Inform of the allegations against himAnd record his response
925
At interview you are under no obligation to advise suspect of everything you know before asking there side of events
True
926
Correctly informing the suspect of the caution at the beginning of the interview ensure that the interview recorded will be admissible
False
927
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
928
Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable
Challenging the interviewer on the validity of the alligations
929
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
930
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
931
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
932
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
933
Was it a green car? Is what type of question
Closed
934
What statement is incorrectA written statement for a witness interview
Can not include slang, swearing or colloquialisms as it is a legal document
935
If a suspect signed notebook then there is no need to refer to these events on video
False
936
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
937
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
938
Was the car you saw driving off a station wagon is an example of what type of question
Leading
939
"Off the record" statement is evidence it is likely the court will
Make you honour that promise and rule evidence inadmissible
940
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
941
What statement incorrectA witness in free recall interview
Should be challenged following their first free recall
942
What statement about free recall model is generally true
Does not include a challenge phase
943
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
944
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
945
What shouldn't you do if a male refuses to leave cell to do an interview
An interview can proceed without his consent
946
Statement about probing question is incorrect
Probing questions are the preferred way to start a suspect interview
947
Arbitrary means Not Lawful, Without Lawful Authority or based on random choice or whim
True
948
Arbitrary detention can occur if a suspect believes on reasonable grounds that they are not free to leave based on police conduct
True
949
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
950
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
951
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
952
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
953
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
954
Section 22 of BOR Act States: everyone has the right not to Arbitrarily Detained
True
955
Persons suitable as nominated persons:- nominated by police if refuse to nominate- parent or guardian- adult member of what au
True
956
If makes a spontaneous admission, it can be admissible but caution immediately
True
957
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
958
A person who may attempt too pervert the course of justice is not suitable to be nominated person
True
959
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
960
Section 218 CYPS Act is when cautioning, ensure all advice is given and provided in a language that the CYP understands
True
961
Police must advise the nominated person of the CYPS rights prior to the interview
True
962
If CYP does not speak English, give them their rights to gain an understanding
True
963
Always inform CYPS parent of arrest/detainment
True
964
Caution youth before asking any questions
True
965
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
966
If nominated person is out of the district, advise them if the situation and enquire on their availability
True
967
You need more from the CYP than just them affirming too "do you understand" too meet responsibilities of CYP
True
968
If nominated person cannot be located then ask for another
True
969
Explain the context to the nominated person and allow them time alone to discuss with the CYP
True
970
A young person is 15-16yearsA child is 14years and under
True
971
Guideline 2Ensure rights given
True
972
Guideline 3When not free(3) questions must not amount to cross examination
True
973
Guideline 4Fairly and squarely explain others statements
True
974
Guideline 5Interview on DVD
True
975
Caution is administered when there is sufficient evidence to charge a person
True
976
Guideline 4 states that any statement made by a witness should,have the substance and nature explained to the offender
True
977
In relation to cross examination, it is ok if questions are aimed at establishing further facts but not lying and asking repetitive questions
True
978
If charge then find further offences, must interview again, caution and question (guideline 2)
True
979
All suspects put on DVD unless impractical or they decline (guideline 5)
True
980
When speaking to people you must not suggest they have to answer (guideline 5)
True
981
If you cannot facilitate lawyer without delay you must advise of that fact and reason.
True
982
Chief Justice Practice Note on police questioning directs the conduct of interviewing practice as guided by judiciary
True
983
R v Weaver (1956) definition of 'cross examination'
True
984
Guideline 1Police can speak you anyone but you must not suggest arrest
True
985
Correctly informing offender of caution does not guarantee the interview admissible
True
986
Interviewer can be persistent in questioning when suspect is inconsistent and contradicting
True
987
'Persistent' in interviewing behaviour means asking questions in a manner which stands up to scrutiny
True
988
Persistent is ok but cross examination is inappropriate
True
989
Police can ask anything but suspect does not have to respond and arrest does not alter how interview is conducted
True
990
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
991
When cautioning police are not obliged to tell offender that they can decide with a lawyer whether they want to go on DVD
True
992
During the interview, police are under no obligation to advise the suspect of everything known to them before asking for the suspects version
True
993
If suspect signs notebook, you must still refer to them on DVD
True
994
Free recall:- use on co-operative witnesses and suspects- explain ground rules- encourage to make sketch- begin with TEDS questions- use probing questions
True
995
Turn DVD machine off if lawyers comment it is on
True
996
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
997
If 16year old is arrested and charged, you must inform nominated person of the charges
True
998
Besting wording for matching description is:'Witness provided details of the offender fitting your description'
True
999
If suspect declines a lawyer and DCD interview, explain the advantages of DVD but offer a written interview statement
True
1000
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
1001
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
1002
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
1003
If offender refuses to leave cell, record failure to co-operate as you cannot interview unless obtained consent or agreement
True
1004
If suspect complains in interview, note on video and refer to Senior
True
1005
Conversation Management:1. Initiate free report2. Identify and expand suspect topics3. Identify and expand investigative topics4. Challenge
True
1006
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
1007
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
1008
Before asking for suspect account, explain events leading up to the interview
True
1009
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
1010
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
1011
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
1012
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
1013
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
1014
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
1015
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
1016
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
1017
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
1018
Evidence is improperly obtained if : Obtained from an unreliable witnessObtained from a suspect after arrestObtained unfairly or unlawfully
Obtained unfairly or unlawfully
1019
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
1020
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant
True
1021
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
1022
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
1023
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
1024
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
1025
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
1026
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
1027
A statement made by a defendant is admissible as evidence against a co defendant in the proceedings
False
1028
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
1029
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
1030
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
1031
As defined by the evidence act a statement is limited to a written or verbal assertion by a person of any matter
False
1032
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
1033
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
1034
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
1035
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
1036
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
1037
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
1038
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
1039
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
1040
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
1041
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
1042
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
1043
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
1044
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
1045
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
1046
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
1047
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
1048
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
1049
If the nominated person chosen by the youth cannot be located with reasonable diligence you should ask the youth to choose another person
True
1050
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
1051
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
1052
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
1053
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
1054
A wholly exculpatory statement Contains only denials and no admissions and is there fore inadmissable as evidence
True
1055
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
1056
"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
1057
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
1058
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
1059
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
1060
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
1061
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
1062
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
1063
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
1064
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
1065
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
1066
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
1067
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
1068
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
1069
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
1070
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
1071
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
1072
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
1073
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
1074
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
1075
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
1076
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
1077
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
1078
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
1079
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
1080
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
1081
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
1082
Investigative important topics (5)
Intent (mens rea)Action (actus reus) MethodDefencesIdentity
1083
Final Closure - the 3 "Ps"
PolitePositiveProsepective
1084
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
1085
Bill of Rights, Section 22, Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained
1086
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
1087
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
1088
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
1089
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
1090
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
1091
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
1092
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
1093
Witness to give evidence in alternative way, the views of the witness
need to minimise stresspromote recovery of the complainant
1094
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
1095
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
1096
Definition - Exculpatory Statement
An Exculpatory Statement is a statement intended to clear a person from blame
1097
Definition - Inculpatory Statement
A statement that implicates a person in an offence, ie: admissions and confessions
1098
Non Verbal Communication (NVC), what are spacers
Umm and ahhs
1099
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
1100
Which interview model to use?
Generally free recall for witnesses and conversation management for suspects
1101
What is a challenge in the conversation management model
The task of exploring the reason for evasiveness or inconsistencies with the suspect
1102
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
1103
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
1104
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
1105
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
1106
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
