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CIK Study > CIK 101 Conduct Investigation > Flashcards

CIK 101 Conduct Investigation Flashcards

1
Q

Q. What is meant by investigators “working rules?”

A

A. The knowledge and skills learnt from investigators experience

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2
Q

Q. What is the investigators mindset?

A

A. A principled approach to the way investigators examine material and make appropriate and reasonable decisions.

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3
Q

Q. For any investigation you should aim to collect?

A

A. The maximum amount of material and examine for its use

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4
Q

Q. Two differences between short and full appreciations

A

A. Short- done for urgent or less complicated problems

Full- done for difficult and complex problems with a lengthy plan.

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5
Q

Q. What is the written process plan?

appreciation = mental process

A

A. Records decsion making and shows why a certain course of action was taken.

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6
Q

Q. An appreciation is the mental process what is the written process?

A

A. Records decision making and shows why a certain course of action was taken

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7
Q

Q. In the appreciation technique, what is a factor?

A

A. A statement of truth about a known influence and circumstance

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8
Q

Q. What are the sequence steps of the appreciation technique?

A

A. Aim - A short statement of intent
Factors - a statement of truth about a known influence of circumstances
Course open - options you can identify after assessing factors
Plan - the most appropriate course to be taken in a plan of action.

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9
Q

Q. What is a hypotheses and why you would use them?

A

A. Hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry.

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10
Q

Q. The O/C case or suitably tasked person is responsible for the preparation of the VIS. T/F

A

A. True

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11
Q

Q. One of the principles laid down in the Victims Rights Act 2002 guides access to services
for Victims. In this respect Police must inform Victims that:

A

A. That they are entitled to access to welfare, health, medical or legal services.

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12
Q

Q. When and why is a CSV1 required?

A

A. There is a victim and the matter will proceed to court.

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13
Q

Q. The Victim impact statements is the records of the Victims own words about what happened and their opinion of the offender. T/F

A

A. False

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14
Q

Q. If no orders or restrictions a VIS can be distributed to Defense prior to sentencing? T/F

A

A. True

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15
Q

Q. Police Form that:

Records Victim notification of offenders bail, release etc

A

A. Pol1065

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16
Q

Q. Police form that:

provides a records of Police contact with Victim and other actions

A

A. Pol1060

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17
Q

Q. Police form that:

Effects of the crimes on the Victim and others who have been disadvantaged by the offence

A

A. Pol392

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18
Q

Q. Police from that:

Police opposition to bail and the Victims view and safety.

A

A. Pol128

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19
Q

Q. Police Form that:

Records Police referral of Victims to Victim Advisor

A

A. CSV1

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20
Q

Q. Which agency notifies Victim:

Offender escapes, dies or temp release

A

A. Dept of Corrections

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21
Q

Q. Which agency notifies Victim:

Offender is entitled to their first un-escorted leave or discharge

A

A. Dept of Health

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22
Q

Q. Which agency notifies Victim:

Offender not a NZ Citizen and subject to deportation

A

A. Dept of Labour

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23
Q

Q. Which agency notifies Victim:

Offender upcoming parole hearing

A

A. NZ Parole Board

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24
Q

Q. What must be ascertained early in an initial interview with a Victim who has been
assaulted?

A

A. The safety of the Victim and the seriousness of the offence.

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25
Q

When an offender has been arrested, a Victim identified and the matter is proceeding to
court, it is the responsibility of the O/C case to ensure a Victim advised and CSV1 completed. T/F

A

A. True

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26
Q

Q. The intent of the POL1060 form is to provide:

A

A. Record of Police action for the on-going physical and emotional safety of the Victim.

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27
Q

Q. Who is responsible for ensuring a Victim of a s29 offence is given the POL1065 and
sufficient information and assistance to complete it?

A

A. Responsibility rests with the O/C case who arrests and charges the offender with the s29
offence.

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28
Q

Q. When a Victim is identified, their Victim impact statement must be taken when the
offender is due in court for sentencing?

A

A. False

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29
Q

Q. What are the Police responsibilities to the Victim when a s29 suspect is released on bail?

A

Q. Police must advise all Victims, as soon as practicable, of the outcome and conditions of any bail application.

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30
Q 
Q. When must a Victim of a s29 offence be advised of their right to be on the Victim
Notification register (VNR)?
A

A. At the time of the offender’s arrest (if practicable.)

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31
Q

Q. When Police are called to a complaint about a prowler and the complainant is an older
person or a woman and children living on their own, Police must make a referral to Victim
Support? T/F

A

A. True

32
Q

Q. If called to a sudden death of a person Police must treat the family with respect and
provide information about where they can access support? T/F

A

A. True

33
Q

Q. How can Police ascertain whether a Victim of a s29 offence has been registered to the
VNR?

A

A. Notifications in Bully Board

34
Q

Q. Victim Impact Statements can be disclosed in disclosure packs?

A

A. False

35
Q

Q. The definition of a Victim may include members of the family or parents of a person
charged with, convicted of, or has plead guilty to an offence. T/F

A

A. False

36
Q

Q. Victims Rights Act 2002, s29 offences are defined as:

A

A. Sexual or serious assault resulting in injury, death or being rendered incapable or leading
to the Victim having fears for their safety or the safety of their family.

37
Q

Q. A Victim impact statement may contain the Victims comments about an offender, or prior
knowledge they may have about that offender, or their opinion about the possible sentence
the offender should receive? T/F

A

A. False

38
Q

Q. Prior to gathering information from the Victim for the preparation of their statement the
O/C case must explain how the statement will be used and gain the Victims approval for
disclosure or distribution of their statement?

A

A. True

39
Q

Under s29 and s30 of the Victims Rights Act 2002, what are the O/C’s obligations to the Victim?

A

A. Give Pol1065, update Pol1060 and seek views on bail to send to court

40
Q

Q. The O/C case is responsible for ensuring a Victim Impact Statement / audio tape or video
file is held in the case file ready for the prosecution to produce in Court at the time of
sentencing? T/F

A

A. True

41
Q

Q. Being on the VNR means the Victim will be notified of?

A

A. By the agency where the offender is held of any information concerning changes to the
offender’s bail, release, parole, escape or death.

42
Q

FV 15yrs old Witness - O/C responsibilities?

A

Convince importance of statement in alt way
Don’t assure safety when standing up in court
Advise prosecutor of need to give evidence in alt way

43
Q

Q. In any incident where the Victim is obviously distressed Police must provide a Victim with
support, and/or refer them to an agency that will provide support?

A

A. True

44
Q

Q.When there are multiple witnesses to a serious incident/offence the investigator should?

A

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

45
Q

A.You should not obtain a written statement from a witness of doubtful reliability as their
statement will more than likely be admissible.

A

A.False

46
Q

Q. 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 information?

A

Q. True

47
Q

Q. A witness who is reluctant to give information that will incriminate a friend should be
advised of the possible consequences of their withholding information?

A

A. False.

48
Q

Q. A complaint witness is one who always provides good information to assist the
investigation? T/F

A

A. False

49
Q

Q. Care must be taken in Police interaction with a witness because?

A

A. A witnesses needs and individual circumstances must be taken into account by an
interviewer.

50
Q

Q. If a witness becomes a suspect during interview, then the interviewer should?

A

A. Caution, shift to procedures for interviewing suspects and ensure the interview is visually
recorded.

51
Q

Q. When a witness refuses to talk with you or to be interviewed, then that is their right. You
should make a notebook or job sheet record of their reasons for refusing and your opinion on
why they refused?

A

A.True

52
Q

Q. Should a person who is intoxicated at interview be treated as a special consideration
witness?

A

A. Yes because their ability to give accurate information is affected.

53
Q

Q. In general, should an investigator regard a child or youth under the age of 18 years as a
special consideration witness?

A

A. Yes because their age and maturity level may mean they are vulnerable in an interview
situation.

54
Q

Q. The role of an interview support person for a special consideration witness is to?

A

A. Ensure their well-being and support their understanding of what is happening.

55
Q

Q. A special consideration witness may be described as “vulnerable.” Vulnerable means?

A

A. Susceptible, defenseless, in a weak position.

56
Q

Q. When you are interviewing a witness about a serious incident and the witness requires an
interpreter then you should?

A

A.

  • Avoid using an interpreter who knows the witness
  • Use your interview notes to write the statement in English
  • Visually record the interview
  • Discuss the aim and objectives of the interview with the interpreter
  • DO NOT allow the interpreter unsupervised time with the witness
57
Q

Q. When planning an interview with a special consideration witness (vulnerable) witness the
investigator should?

A

A. Consult a supervisor to make decisions about the interview.

58
Q

Q. 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

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

59
Q

Q. A special consideration witness is one who?

A

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

60
Q

Q. TRUE or FALSE

  • You may only detain a person under certain enactments
  • Detained persons need not be cautioned
  • Arbitrary detention occurred occurs when the arrest or detention is reasonable in the particular case
  • Everyone has the right not to be arbitrary arrested or detained
  • Arrest is a form of arbitrary detention
A 
A.
True
False
False
True
False
61
Q

Q. Fraudulent accountant scenario – What public interest factors support prosecution in this case?

  • The defendants position of trust in the circumstances
  • The offer of reparation requires prosecution support
  • The review of the defendant’s professional status
  • The extent to which the Victims are affected
A 
A.
True
True
True
True
62
Q

Q. Under the Crown Law Prosecution guidelines 2010 – When the admissible evidence is
sufficient to provide a reasonable prospect of conviction then Police must:

A

A.

Apply the public interest test to determine if a prosecution is required.

63
Q

Q.You change interview styles and
begin to very strongly put questions to him demanding explanations and answers to your
questions. He eventually gives up the identity of the thief and other evidence against himself.

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

A

A. NO because the offender was in custody and questions must not amount to cross-
examination.

64
Q

True or False
-You must arrest a person if it is clear they have committed an offence and there is sufficient evidence to charge them
-Although the power to arrest is discretionary, the decision to arrest family violence offenders is clearly directed in policy
-You should not arrest a person if you are unable to justify that their arrest is necessary for justice to be served or for reasons of safety
-Any police officer can execute an arrest warrant providing they can confirm that the warrant
is valid and they can confirm the person’s identity

A 
A. 
False
True
True
True
65
Q

Q. Wilful damage scenario – 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

A. When the suspect stated to you that it was the dairy owners fault that the window had
been broken.

66
Q

Q. Property taken from a person who is

arrested or detained is?

A

Q. May be retrained by the custody officer if, in their opinion, the person arrested will be remanded in custody in another facility and therefore lost their right to retain the property.
May be retrained by the custody officer if, in their opinion, its possession may constitute an offence or it may be given in evidence in proceedings arising out of a charge.

67
Q

Q. When deciding whether to commence prosecution by laying charges, which of the
following tests must be applied?

A

A. The evidential test and the public interest test.

68
Q

True or False -A factor to consider when deciding to arrest is:

  • If it is likely that the person will commit further offences
  • If there is a need to safeguard an offender’s safety and interests
  • If the offender’s liberty means the safety of others is at risk
  • If it is likely that the suspect will warn accomplices or abscond
A 
A.
True
True
True
True
69
Q

Q. Offender was arrested and later released without charge – After further investigation he
still be dealt with by way of summons?

A

A. True

70
Q

Q. True or False. The consequences of arbitrarily detaining a person may be that:

  • The case against the person could be dismissed in court
  • The arresting or detaining officer could be liable to civil litigation
  • Any statement made by the person is inadmissible in Court
  • The officer must face an inquiry under the Police Code of Conduct
A 
A.
True
True
True
False
71
Q

Q. Your suspect is uncooperative so you leave the room for 5 minutes return a tell him, his
co-offender admitted everything. He shrugs, readily admits his involvement and later pleads
guilty. Would the above admission be admissible in Court?

A

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

72
Q

Q. Shoplifter with extensive dishonesty offending.
What public interest
factor MOST supports prosecution in this case?

A

A. The likelihood of the offence being repeated.

73
Q

Q. Arresting 1J without warrant – overriding enactment within CYFS act?

A

A. 214 – WEEP

74
Q

Q. A good charging decision is made when the charges chosen adequately reflect the nature
and extent of the criminal conduct and:

A

A. The court is provided with an appropriate basis for sentence.

75
Q

Q. When applying the evidential test, you must consider if there is sufficient evidence to:

A

A. Provide a reasonable prospect of conviction.

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