CIK 102 -03 Investigative interviewing Flashcards
BOR
T/F
Q. You can arrest a suspect for the purpose of interviewing them to gather information?
A.
False
BOR
Q. 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 under an enactment, eg: s202B Crimes Act 1961 and
exercises their right to silence
-When a person in authority uses that authority to restrict the movement of another
-When a person is detained for questioning without understanding they are free to leave
A.
Lawful Detention
Arrest
Arbitrary Detention
BOR
Q. The meaning of the term “arbitrary detention” as explained in the case R vs Goodwin (1993) is:
A. When words or conduct of an officer cause a person to believe that he or she is not free to go.
BOR
T/F
Q. Police have no power to detain a suspect for questioning without arrest or lawful detention?
A.
True
BOR
T/F
Q. If a person is arrested for an offence you cannot interview them because they must appear before the court as soon as possible?
A.
False
BOR
Q. 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.
BOR
Y/N
Q. 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 and agrees to the interview to “clear his name.” During the interview he admits his involvement but then changes his mind about continuing the interview.
-Should he have been given his rights when he changed his mind?
-Should he have been cautioned at the start of the interview?
-Can he refuse a video/audio record?
A.
Yes
No
Yes
BOR
Q. Under s24 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. A person charged with an offence and processed accordingly.
BOR
T/F
When deciding whether to exclude a statement the judge must consider:
-Pertinent characteristics of the Defendant including mental, intellectual or physical
disability
-Number of questions put to the Defendant about the offence for which they were arrested
-Physical, mental or psychological condition of the Defendant when the statement was made
A.
True
False
True
BOR
Q. The Judge must exclude a Defendant’s statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?
A. Balance of probabilities.
BOR
Q. Under s103 of the Evidence Act 2006 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:
A. Mean the best evidence is given in a criminal proceeding.
BOR
Q. Which of the following scenarios could affect the reliability of a suspect interview record?
When the suspect being interviewed is:
A. Tired and clearly unwell but is not offered an interview break.
BOR
Q. The Judge must exclude a Defendant’s statement if they are satisfied it was influenced by oppression. What is the standard of proof required?
A.
Beyond reasonable doubt.
BOR
Q. 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. Does not ensure the suspect really understands his rights.
BOR
Q. Representation refers to the behaviour of the interviewer who:
A. Promises a favour in return for a requested action.
BOR
Q. Which of the following scenarios could be an example of an interview improperly
obtained? When the suspect:
A. Repeatedly asks for a lawyer but the interviewer continues on without one.
BOR
Q. 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 of the 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?
A. Grant says he has been badly affected by the event and can’t sleep.
A. Grant will be overseas on a planned holiday at the time of the trial.
BOR
Q. A statement made by a Defendant is admissible as evidence against a co-defendant in the proceedings?
A. False
BOR
T/F
Q. 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 with Police to be played as her evidence in chief on the grounds of the:
-Relationship between complainant and Defendant
-Sexual nature of her father’s alleged ongoing offending
-Trauma Jane has suffered over the last 15 years
A.
True
True
True
BOR
Q. Under s29 of the Evidence Act 2006, oppression is defined as:
A. Threats, degrading treatment to the Defendant or any other person.
BOR
T/F
Q. In decisions about admissibility of their interview, characteristics of the suspect such as mental, intellectual or physical disability are only taken into account if they are visibly present at the time of interview.
A. False
BOR
Q. Evidence is improperly obtained if it is:
A. Obtained unfairly or unlawfully.
BOR
T/F
Q. An application for the 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?
A. False
BOR
T/ F
Q. As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant?
A. True
BOR
Q. When deciding whether evidence was improperly obtained, which of the following
considerations will the Judge make?
A.
- Whether the impropriety was necessary to avoid physical danger to the Police or others.
- The importance of any right breached and the seriousness of the intrusion on it.
BOR
T/F
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 reliability?
A. True
BOR
T/F
Q. As defined by the Evidence Act 2006 a statement is limited to a written or verbal assertion by a person on any matter?
A. False
BOR
Y/N
Q. The Judge may rule a defendant’s statement inadmissible if he decides its content is likely to be unreliable. An example if an inadmissible statement could be a video record showing the suspect:
-Confused by the interviewer’s rhetorical questions
-Promised a court outcome in return for information
-Affected by drugs or alcohol at the time of interview
A.
Yes
Yes
Yes
CYFS
Q. A CYF can nominate an adult to provide support when they are being interviewed by Police. Who is most appropriate for this role?
A. An adult family member or whanau member.
CYFS
Q. A youth suspect (14) is asked who he wants as his nominated person. His parents are divorced and his mother lives locally and father lives out of town. He nominates his father out of district. What action is most appropriate now?
A. Advise the father of the circumstances and make enquiries about his availability.
Q. Which of the following people may NOT act as nominated persons, even if the young person specifically nominates them:
A. A person you believe on reasonable ground would attempt to pervert the court of justice if permitted to consult with the CYF.
CYFS
Q. Dealing with a CYF with limited English. On requesting his name and address and
beginning to caution him you note he does not seem to understand. What action now is most appropriate?
A. Give him his rights caution with reasonable diligence to gain his understanding.
CYFS
Q. Gary (16) 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 his uncle is also identified as a witness at the scene, in these circumstances you should:
A. Conduct the witness interview to determine whether the uncle is suitable for the role of nominated person.
CYFS
Q. When giving advice to a youth NOT under arrest, you should tell them that if they:
A.
- 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.
CYFS
Q. According to s218 of the CYF Act 1989, when cautioning a CYF you must ensure that all ____ you give is provided in a language and ____ that the CYF person can ____.
A.
Advice
Manner
Understand
CYFS
Q. Which of the following persons would NOT be considered suitable for the role of
nominated person for a CYF?
A. A close friend or classmate nominated by the CYF.
CYFS
Q. You apprehend a CYF (15) at an aggravated robbery and he says “I didn’t mean to shoot the guy” before you have time to caution him. Which of the following statements best describes the admissibility of the confession?
A. His confession is admissible but he must be cautioned as soon as possible.
Q. When do you caution a youth?