CIK (1-57) WITNESSES/SUSPECT INTERVIEWING AND STATEMENT

Question 1

1) An immediate statement taken in circumstances where you believe the victim may die:

a) Must be signed to be admissible
b) May be admissible if it is not signed
c) Must be made in the presence of a medical officer who confirms they believe the death of the victim is imminent

Answer 1

b) May be admissible if it is not signed

If it is anticipated the victim may die, consider recording an immediate statement, whether the victim can sign it or not. If the victim subsequently dies, their statement may be admissible in proceedings as hearsay evidence, under section 18(1) of the Evidence Act 2006. In order to be considered admissible evidence under 18(1)(a), the court must be satisfied that both the content of the statement and the person made it, are reliable. Police taking the statement must therefore record any factors which demonstrate the reliability of the statement or its maker. The circumstances to consider under section 16(1) of the Evidence Act 2006, include:
* The nature of the statement;
* The contents of the statement;
* The circumstances relating to the making of the statement;
* Circumstances relating to the veracity of the person; and
* Circumstances relating to the accuracy of the observation of the person
Police instructions > Police Manual > Investigations and intelligence > Investigating offences > Homicide and serious crime investigations > Part 1 Initial response to homicide or serious crime > At hospital

Question 2

2) Which of the following scenarios could affect the reliability of a suspect interview record? When the suspect being interviewed is:

a) Sometimes confused when changing her version of events.
b) Tired and clearly unwell but is not offered an interview break.
c) Informed of the circumstantial evidence already held by Police.

Answer 2

b) Tired and clearly unwell but is not offered an interview break.

Question 3

3) Your prompt initial action at a serious crime scene has led to the apprehension of a male nearby who is acting suspiciously. During a preliminary interview with him you should:

a) Make a notebook entry of his details and his demeanour.
b) Get him to draw a sketch to aid your scene reconstruction.
c) Give him his rights and gather sufficient information to details.

OR

d) arrest him and transport him to the Police Station
e) ask him to show you where he has been in the crime scene
f) consider conducting a preliminary interview

Answer 3

a) Make a notebook entry of his details and his demeanour.

OR

f) consider conducting a preliminary interview

Question 4

4) 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?]

a) Arrange for their lawyer to attend at a time suiting the circumstances
b) Advise the suspect of that fact and proceed to interview
c) Advise the suspect of that fact and the reason for the delay

Answer 4

c) Advise the suspect of that fact and the reason for the delay

Question 5

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

a) Challenging the interviewer on the validity of the allegations made
b) Challenging a question put to their client that they believe to be improper
c) Challenging the manner in which a question is put to their client

Answer 5

a) Challenging the interviewer on the validity of the allegations made

Lawyers present at interview are solely there to represent their client and give their client advice. Do not let the lawyer:

• Answer questions on behalf of their lawyer
• ‘put words in the mouth’ of the suspect
• Introduce irrelevant matters
• Give you instructions or interfere with or obstruct the interview

Question 6

6) Section 103 of the Evidence Act 2006 recognises the rights of a special consideration witness by:

a) Providing opportunity for their evidence in chief to be given to the court in an alternative way
b) Allowing them to have a support person in court to assist them to give their evidence
c) Protecting them from cross-examination by the defence who can question any witness

Answer 6

a) Providing opportunity for their evidence in chief to be given to the court in an alternative way

103Directions about alternative ways of giving evidence:

(1) In any proceeding, the Judge may, either on the application of a party or on the Judge’s own initiative, direct that a witness is to give evidence in chief and be cross-examined in the ordinary way or in an alternative way as provided in section 105.

(2) An application for directions under subsection (1) must be made to the Judge as early as practicable before the proceeding is to be heard, or at any later time permitted by the court.

(3) A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of—

(a) the age or maturity of the witness:
(b) the physical, intellectual, psychological, or psychiatric impairment of the witness:
(c) the trauma suffered by the witness:
(d) the witness’s fear of intimidation:
(e) the linguistic or cultural background or religious beliefs of the witness:
(f) the nature of the proceeding:
(g) the nature of the evidence that the witness is expected to give:
(h) the relationship of the witness to any party to the proceeding:
(i) the absence or likely absence of the witness from New Zealand:
(j) any other ground likely to promote the purpose of the Act.

(4) In giving directions under subsection (1), the Judge must have regard to—
i) the need to ensure—
(i) the fairness of the proceeding; and
(ii) in a criminal proceeding, that there is a fair trial; and
(b) the views of the witness and—
(i) the need to minimise the stress on the witness; and
(ii) in a criminal proceeding, the need to promote the recovery of a complainant from the alleged offence; and
(c) any other factor that is relevant to the just determination of the proceeding.

Question 7

7) You have arrested an adult male and want to interview him further. Which of the following statements is most correct?

a) You can interview him while being mindful of the need to proceed to court as soon as possible
b) You can interview him at length to gather any evidence with which to progress the charge against him
c) You can interview him for a short time only as he must be fairly and reasonably treated while in custody

Answer 7

a) You can interview him while being mindful of the need to proceed to court as soon as possible

Question 8

8) During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint. Should a suspect’s complaint affect the interview progress in any way?

a) No, the interviewer may use their discretion to continue the interview and overlook the complaint
b) Yes, the complain should be noted on video and the suspect told that they will be referred to a senior officer following this interview
c) Yes, the interview must be stopped and the complaint details recorded and appropriately addressed

Answer 8

b) Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview

Question 9

9) 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 Chief Justice Practice Note Guideline 2 you should:

a) Reconvene the interview, caution her and ask questions relating to both offences
b) Interview her again on video, caution again and question her about the new allegations
c) Reconvene the interview, question her further about all the stolen items

Answer 9

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

Whenever a member of the 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 cautioned before being invited to make a statement or answer questions. The caution to be given is:

• that the person has the right to refrain from making any statement and to remain silent
• that the person has the right to consult and instruct a lawyer without delay and in private before deciding whether to answer questions and that such right may be exercised without charge under the Police Detention Legal Assistance Scheme.
• that anything said by the person will be recorded and may be given in evidence.

Question 10

10) When you are interviewing a male suspect under caution about a minor assault on his partner he makes admissions about an unrelated serious assault on another person. What should you do?

a) Re-administer the caution but continue to interview him about the original offence
b) Re-administer the caution before interviewing him about the new offence
c) Shift the focus of the interview to the new offence as he is already under caution

Answer 10

b) Re-administer the caution before interviewing him about the new offence

Question 11

11) When a witness signs the declaration on a witness statement the interviewer must ensure the witness understands they are agreeing that - To the best of their knowledge and belief their statement is true and:

a) They have read over what is written, agree they have been fairly treated but have nothing more to add
b) They know how the statement may be used and the consequences of giving false or misleading information
c) They have been told how their statement will be used and are prepared to give evidence in court if required

Answer 11

b) They know how the statement may be used and the consequences of giving false or misleading information

Question 12

12) 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:

a) Make you honour the promise and rule the evidence as inadmissible
b) Allow you discretion whether or not to divulge the “off the record” statement
c) Require you to give evidence including the “off the record” statement

Answer 12

a) Make you honour the promise and rule the evidence as inadmissible

Question 13

13) The Chief Justice Practice Note on Police Questioning:

a) Prevents the need to repeat Bill of Rights advice when arrest occurs at interview
b) Overrides the requirements for section 23 of the NZ Bill of Rights Act 1990
c) Directs the conduct of Police interviewing practice as guided by the judiciary

Answer 13

c) Directs the conduct of Police interviewing practice as guided by the judiciary

Question 14

14) A suspect elects his right to silence at interview. You give the allegations and prepare a statement accordingly. He refuses to sign it. Which of the following actions would you take?

a) Remind him of his right to a lawyer and postpone the interview
b) End interview and request a senior officer sign the interview record
c) Record his refusal to sign the interview record and close the interview.

Answer 14

c) Record his refusal to sign the interview record and close the interview.

While it is only fair to provide the suspect with an opportunity to answer any allegations, all suspects have the right to silence. This means that if they decide not to talk to you, you cannot compel them to be interviewed and any admissions gained after the refusal may be deemed inadmissible. However, despite any initial refusal, it is your professional responsibility to explain why you want to interview them and outline the allegations against them so they have a fair opportunity to provide an explanation. If they provide a genuine explanation they may be eliminated from the enquiry.

CIK Resource Material – p64

Question 15

15) In relation to cross examination which of the following answers is correct?

a) Where it is obvious that a person is lying, repetitive questions will elicit the truth
b) Questions aimed at establishing further facts from answers given are acceptable
c) Police may use any means of questioning to elicit the truth from an offender

Answer 15

b) Questions aimed at establishing further facts from answers given are acceptable

Question 16

16) As the interview proceeds the suspect suddenly claims his right to silence. You have not yet put any challenges to him nor mentioned the witness statements you have. Should you stop the interview at this stage?

a) No, you should proceed to fairly explain the allegations making a notebook record of events before closing
b) Yes, if the suspect is maintaining his right to silence then he is delaying the processes so you can stop indefinitely
c) No, the suspect must be taken before the court as soon as possible and delaying the process may affect this

Answer 16

a) No, you should proceed to fairly explain the allegations making a notebook record of events before closing

Question 17

17) When planning an interview with a special consideration witness (vulnerable) witness the investigator should:

a) Consult a supervisor to make decisions about the interview
b) Conduct the interview promptly to avoid memory loss
c) Prepare to use Conversation Management to maximise the witness account

Answer 17

a) Consult a supervisor to make decisions about the interview

Question 18

18) Representation refers to the behaviour of the interviewer who:

a) Promises a favour in return for a requested action
b) Does not advise the suspect of the right to a lawyer
c) Allows the suspect to have a support person in the interview

Answer 18

a) Promises a favour in return for a requested action

Question 19

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

a) Asking questions for as long as it takes to get a full and truthful account from the suspect.
b) Asking a question in many different ways so that any lies told will become more apparent.
c) Asking questions in a manner that will stand up to the scrutiny of the court.

Answer 19

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

Principle 2: The aim of an interview is to discover the truth about the matters under investigation. The truth may be elusive, so you may need to be persistent. The interviewer must try to get a complete and reliable account. This may not be obtained easily. For various reasons, witnesses and suspects may be reluctant to talk, economical in what they say or downright dishonest.

Investigative interviewing doctrine – p11

Persistent questioning aims at establishing further facts from answers already given. A suspect can be challenged if their account is not consistent with facts obtained during the course of the enquiry. Persistent questioning, however, must not be oppressive or overbearing. It is permissible to refuse to accept a suspect’s explanation or denials, particularly when they are inconsistent with the evidence.

CIK Resource Material – p59

Question 20

20) A witness with intellectual, psychological or psychiatric impairment:

a) Should not be called upon to perform as a reliable witness in court.
b) Requires a support person in all interaction with police and the court.
c) Is a witness entitled to special consideration from police and others.

Answer 20

c) Is a witness entitled to special consideration from police and others.

Question 21

21) You are interviewing an offender arrested for ‘receiving’. While attempting to establish the identity of the original thief the offender begins to tell conflicting accounts. You now decide to change interview styles and being to very strongly put questions to him demanding explanations and answers to your questions. He eventually gives the identity of the thief and other evidence against himself.

Would the above evidence by your offender be admissible in Court?

a) No, because the offender was in custody and questions must not amount to cross-examination.
b) Yes, because demanding answers to questions and using your personality.
c) No, once a person has been arrested for an offence they cannot be interviewed about the original offence.

Answer 21

a) No, because the offender was in custody and questions must not amount to cross-examination.

Question 22

22) When there are multiple witnesses to a serious incident/ offence the investigator should:

a) Listen to their collective recall of events and assess who can provide the most accurate recall of the incident
b) Separate the witnesses, conduct a brief initial interview with each and gather witness details
c) Separate the witnesses as soon as feasible, ask them to wait and call for advice and assistance

Answer 22

b) Separate the witnesses, conduct a brief initial interview with each and gather witness details.

Question 23

23) When explaining the caution to an adult suspect who suffers from an intellectual disability you should give them their rights and:

a) Ask them to repeat the caution so you can check their understanding
b) Ask their support person to repeat the caution to confirm the suspect understands
c) Ask them to tell you in their own words what the caution means to them

Answer 23

c) Ask them to tell you in their own words what the caution means to them

Question 24

24) Which of the following statements is incorrect. A witness in a Free Recall (FR) interview:

a) Can be asked to make a sketch plan or drawing
b) Should be challenged following their first FR account
c) Should begin their account following a TEDS type question

Answer 24

b) Should be challenged following their first FR account

Question 25

25) Which of the following statements about the Free Recall (FR) model is generally true? When using the FR model the interviewer:

a) Does not explain the ground rules
b) Does not include a challenge phase
c) Does not ask probing questions

Answer 25

b) Does not include a challenge phase

Question 26

26) Which of the following scenarios could be an example of an interview record that has been improperly obtained? When the suspect?

a) Is asked to explain (challenged) about his different version of events
b) Declines the support of an interpreter although one is clearly present
c) Repeatedly asks for a lawyer but the interview continues on without one

Answer 26

c) Repeatedly asks for a lawyer but the interview continues on without one

Question 27

27) According to Criminal Justice Practice Note Guideline 4, when you are questioning a suspect about statements made by a witness you should:

a) Explain the substance or nature of the witness statements to them
b) Tell the suspect you have a witness statement that incriminates them
c) Read the entire witness’s statement word for word to the suspect

Answer 27

a) Explain the substance or nature of the witness statements to them

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.

Question 28

28) When a DVD of an adult witness interview is to be used as evidence-in-chief then the O/C case must ensure:

a) All matters that may be the subject of cross-examination are covered in the video
b) A support person was present in the interview room during the interview
c) The witness has viewed the video and given their signed consent for it to be used

Answer 28

c) The witness has viewed the video and given their signed consent for it to be used

Question 29

29) When conducting a suspect interview at the police station you are informed that a lawyer has arrived saying she is to act for the suspect and asking to see him. The suspect has given you no indication that he wishes to speak to a lawyer. What action should you take?

a) Ask the suspect if he wants a lawyer, and if not, advise the lawyer of that fact
b) Ensure the lawyer is told the suspect has not asked for a lawyer and continue
c) Tell the suspect the lawyer is at the station to see him and act on the suspect’s wishes

Answer 29

c) Tell the suspect the lawyer is at the station to see him and act on the suspect’s wishes

If a lawyer arrives at the station requesting to speak to the suspect, you must let the suspect know of their presence without delay.
If the suspect:
* Wants to see the lawyer, facilitate that without delay
* Does not want to see the lawyer, get the suspect to sign a note to that effect and give this to the lawyer, retaining a copy for the investigation file (p68)

Question 30

30) 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 machine is turned off. What response should she receive?

a) The machine will be turned off immediately as requested.
b) Authorisation must be obtained from a senior officer.
c) She must make this request in writing for the case record.

Answer 30

a) The machine will be turned off immediately as requested.

A suspect is entitled to speak with their lawyer in private. You must turn the recording machine off while this occurs and must not listen on an adjoining monitor (p68)

Question 31

31) Which of the following scenarios could be an example of evidence that has been improperly obtained? During an interview with a new immigrant the interviewer:

a) Questions persistently when the suspect changes his story
b) Takes many breaks throughout a lengthy period of interview
c) Does not ensure the suspect really understands his rights

Answer 31

c) Does not ensure the suspect really understands his rights

Question 32

32) When should an investigator visually record a witness interview?

a) Whenever an interviewing suite and required resources are available.
b) Whenever the witness is identified as a special consideration witness.
c) When the interview is needed for completeness and accuracy of evidence.

Answer 32

a) Whenever an interviewing suite and required resources are available.

Question 33

33) When should witness interviews be conducted?

a) As soon as a suitable interviewing room and recording resources are available
b) When the witness has had time to talk with a support person and get their thoughts together
c) As close in time to the incident/offence as possible to minimise memory loss and contamination

Answer 33

c) As close in time to the incident/offence as possible to minimise memory loss and contamination

Question 34

34) When a witness has provided a description that matches the suspect, the best way to present this as a challenge during the suspect interview is to say:

a) “We have evidence from witnesses that you were at the scene”
b) “A witness has identified you as the person who committed the offence”
c) “A witness has provided details of an offender that fits your description”.

Answer 34

c) “A witness has provided details of an offender that fits your description”.

Question 35

35) You and a colleague are separately interviewing two suspects at the station. Your suspect is uncooperative so you leave the room, return five minutes later and tell him that his friend has admitted taking part in the burglary. He shrugs, readily admits his involvement and later pleads guilty. Would the above admission by your suspect be admissible in Court?

a) No, because your suspect was not given a written statement from the other suspect.
b) No because the admission was obtained by misrepresenting the truth to your suspect.
c) Yes, because there was no duress, and the suspect freely made the admission of guilt.

Answer 35

b) No because the admission was obtained by misrepresenting the truth to your suspect.

Question 36

36) A special consideration witness may be described as “vulnerable”. Vulnerable means:

a) Angry, suspicious, defenceless.
b) Susceptible, defenceless, in a weak position.
c) Suspicious, inconsistent, stressed.

Answer 36

b) Susceptible, defenceless, in a weak position.

Question 37

37) Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable?
a) Challenging the manner in which a question is posed to their clients.

b) Answering the interviewer’s questions on behalf of their client.
c) Giving their clients competent legal advice in relation to their case.

Answer 37

b) Answering the interviewer’s questions on behalf of their client.

Lawyers present at interview are solely there to represent their client and give their client advice. Do not let the lawyer:
* 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

Question 38

38) The Investigative Interviewing Suspect guide provides direction on how to introduce a challenge. It suggests a process of using a sequence of phrases starting with key words:

a) You said…We know…Tell me…
b) You said…We have…Explain that…
c) You said…I know…Why is that…

Answer 38

b) You said…We have…Explain that…

Question 39

39) Care must be taken in Police interaction with a witness because:

a) A witness’s needs and individual circumstances must be taken into account by an interviewer.
b) A witness is a vulnerable person and must be fairly treated by an interviewer to get the best from them.
c) A witness will assist the interviewer to build a case against the suspect and subsequently give useful evidence.

Answer 39

a) A witness’s needs and individual circumstances must be taken into account by an interviewer.

Question 40

40) According to the investigative interviewing doctrine which of the following statements about probing questions is correct.

a) An interviewer must follow a witness account with probing questions.
b) An interviewer should initiate a suspect account with a probing question.
c) An interviewer should avoid asking probing questions beginning with why.

Answer 40

c) An interviewer should avoid asking probing questions beginning with why.

Question 41

41) An appropriate support person for a special consideration adult witness should be present in the room during interview when the interviewer:

a) Requires the support person to interpret
b) Decides it is in the interest of the witness.
c) Decides it is in their own interests.

Answer 41

b) Decides it is in the interest of the witness.

Question 42

42) A special consideration witness is one who:

a) Is more likely to give a statement that will be difficult to corroborate thereby creating more work for the investigator
b) Is unable to remember details of the offence they witnessed due to the time that has lapsed before the interview
c) Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily

Answer 42

c) Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily

Question 43

43) After arguing with a dairy owner a man storms out of the dairy. A short time later the dairy owner hears a loud bang and sees a large crack in the shop window. The man is standing across the road. On arrival you interview the man. After a few questions he says, “It was his fault because he was smart to me” You continue with the interview until the man is arrested for breaking the window. When should this suspect have first received the Rights/Caution?

a) When the suspect stated to you that it was the dairy owner’s fault that the window had been broken.
b) At the time the suspect was informed that they would now be arrested for the offence of Intentional Damage.
c) At the end of the interview and prior to the suspect being arrested for the offence of Intentional Damage.

Answer 43

a) When the suspect stated to you that it was the dairy owner’s fault that the window had been broken.

“Whenever a member of the 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 questions.” (p59)

Question 44

44) After witnessing an assault you approach and arrest the offender. He refuses to say anything to you. 30 minutes later at the station the offender states that he wishes to speak to you about the incident. When interviewed he tells you why the assault took place. At what point during this incident should this offender have received the Rights/Caution/.

a) At the time the offender was arrested for assaulting the other person, and prior to any interview when he was in custody.
b) At this time of arrest only because once an offender is arrested the Rights/Caution lasts for the next two hours.
c) At the start of the interview while he was in custody and upon the offender eventually admitting the assault.

Answer 44

a) At the time the offender was arrested for assaulting the other person, and prior to any interview when he was in custody.

Repeat the caution/rights in these situations:
* 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 (p59)

Question 45

45) Police may interview a person in custody. A person is “in custody” when:

a) Words of arrest and physical touch clearly signals the person is not free.
b) Words of arrest are spoken and the person is held in the cells.
c) Words of arrest are spoken and the person is formally cautioned.

Answer 45

a) Words of arrest and physical touch clearly signals the person is not free.

Question 46

46) Should a person who is intoxicated at interview be treated as a special consideration witness?

a) Yes because their ability to give accurate information is affected.
b) No because alcohol only temporarily impairs their ability to talk.
c) Yes, because they will not fully understand the reason for the interview.

Answer 46

a) Yes because their ability to give accurate information is affected.

Question 47

47) Which example is incorrect? A written statement from a witness interview:

a) Cannot include slang, swearing or colloquialisms as it is a legal document
b) Should ideally be recorded on Police investigative interviewing form II
c) Must record the witness narrative of events in the chronological order they occurred.

Answer 47

a) Cannot include slang, swearing or colloquialisms as it is a legal document

Question 48

1) After charging an offender with burglary and placing him in the police cells, he later decides to tell you where he has hidden the property he stole during the burglary. According to the Chief Justice Practice Note Guidelines, you should:

a) Reconvene the interview to gain an account but refrain from asking him any questions.
b) Reconvene the interview, caution him, gain his account and question him further.
c) Reconvene the interview and question him about the information he is now offering.

Answer 48

b) Reconvene the interview, caution him, gain his account and question him further.

Question 49

49) Immediately before you ask a suspect to give their account of the events in question, you should explain:

a) The evidence you have its significance for the suspect
b) The events leading to the suspect agreeing to be interviewed
c) What will happen with the video record after the interview.

Answer 49

b) The events leading to the suspect agreeing to be interviewed

Question 50

50) 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.

a) Probing questions are the preferred way to start a suspect interview.
b) Probing questions are used to get detail from the suspect or witness
c) Probing questions usually begin with what, why, when, who and how.

Answer 50

a) Probing questions are the preferred way to start a suspect interview.

Question 51

51) The role of the interview support person for a special consideration witness is to:

a) Ensure their well-being and support their understanding of that is happening.
b) Protect the witness from wrongfully incriminating themselves or others.
c) Empathise with the witness and assist them in giving their account.

Answer 51

a) Ensure their well-being and support their understanding of that is happening.

Question 52

52) You are about to interview a 15 year old burglary suspect when his nominated person informs you the suspect has the mental age of a 5 or 6 year old. In the given circumstances, which is the most appropriate interview model to use?

a) Minimise any confusion for the suspect by using the Conversation Management model
b) Maximise the information collection by using the Direct Questioning model
c) Minimise the risk of influencing the suspect by using the Free Recall model

Answer 52

Find the answer

Question 53

53) 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 given circumstances Police behaviour must reflect Guideline 1 of the Chief Justice Practice Note which is:

a) You may arrest a person that refuses to answer your questions for obstruction
b) You must not suggest through words or actions that a person must answer your questions
c) You can remind a person who refuses to answer your questions that they can be legally penalised

Answer 53

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

Question 54

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

a) They can have a lawyer present at the interview free of charge
b) Police may use any statement they make as evidence
c) They can decide with a lawyer whether to go on video or not

Answer 54

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

Question 55

55) If a witness becomes a suspect during interview, then the interviewer should:

a) Switch to Conversation Management to control the suspect and continue to interview
b) Caution and detain the witness, close the interview and inform their supervisor
c) Caution, shift to procedures for interviewing suspects, and ensure the suspect is visually recorded

Answer 55

c) Caution, shift to procedures for interviewing suspects, and ensure the suspect is visually recorded

Question 56

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

a) When you have sufficient evidence to charge a person with an offence.
b) As soon as a substantial case is established against the suspect.
c) When there are grounds to believe the suspect committed the offence.

Answer 56

c) When there are grounds to believe the suspect committed the offence.

Question 57

57) 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:

a) Consider their concerns, assess their reasons, discuss with your supervisor if a visually recorded interview is required.
b) Consider their concerns and do not proceed with the interview if they do not have a support person.
c) Alert a supervisor to their status as a special consideration witness and the need for a specialist interviewer.

Answer 57

a) Consider their concerns, assess their reasons, discuss with your supervisor if a visually recorded interview is required.

c) Alert a supervisor to their status as a special consideration witness and the need for a specialist interviewer.