Chief Justice Practice Note

Question 1

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 questions.

Is the complete statement/video record admissible.

Answer 1

No, only the part before the suspect claimed their right to silence is admissible.

Question 2

When cautioning a suspect you are not obliged to inform the suspect that:

Answer 2

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

Question 3

True or False: Persistent questioning is generally acceptable interviewer behaviour while cross-examination can be regarded as inappropriate interviewer behaviour.

Answer 3

True

Question 4

True or False: An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory.

Answer 4

True

Question 5

True or False: The preference to video record an interview with a suspect only applies when they are suspected of committing a Cat 1 or 2 offence.

Answer 5

False.

Question 6

True or False: Correctly informing a suspect of the caution at the beginning of an interview ensures that the interview record will be admissible.

Answer 6

False.

Question 7

You wish to speak to people regarding an assault at a party.

Police behaviour in reference to Guideline 1 of the CJPN is:

Answer 7

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

Question 8

If a suspect’s right to ‘consult and instruct a lawyer with delay and in private’ cannot be facilitated immediately by Police, what action is required first?

Answer 8

Advise the suspect of the fact and the reason for the delay.

Question 9

When interviewing a person suspected of an offence, when should the caution be administered?

Answer 9

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

Question 10

True or False: 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.

Answer 10

True

Question 11

The investigative interviewing suspect guide provides direction on how to introduce a challenge.

It suggests a process of using a sequence of phrases stating with key words:

Answer 11

You said… We have… Explain that…

Question 12

After charging a shoplifter with theft and lodging her in the cells, you receive information leading you to suspect her of further thefts.

According to CJPN guideline 2, you should:

Answer 12

Interview her again on video, caution again and question her about the new allegations.

Question 13

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

Answer 13

Explain the substance or nature of the witness statements to them.

Question 14

True or False: At interview you are under no obligation to advise the suspect of everything known before asking the suspect’s version of events.

Answer 14

True

Question 15

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:

Answer 15

Inform him of the allegations against him and record any response he may make.

Question 16

“The truth may be elusive, so you may need to be persistent”. In this statement, ‘persistent’ refers to interviewer behaviour and means:

Answer 16

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

Question 17

True or False: CJPN Guideline 5 directs that after the completion of an interview, the suspect should be given the opportunity to review the interview record and:

1. Make any additions.
2. Sign that they have read it and agree with it.
3. Correct any errors.

Answer 17

1. True
2. True
3. True

Question 18

The CJPN on Police questioning:

Answer 18

Directs the conduct of the police interviewing practice as guided by the judiciary.

Question 19

True or False: In relation to cross examination, questions aimed at establishing further facts from answers given are acceptable.

Answer 19

True

Question 20

True or False: All suspect interviews should preferably be recorded by video unless it is impractical or unless the person declines to be recorded by video.

Answer 20

True