CIK Flashcards

CIK

1
Q

Section 103 of the Evidence Act 2006 recognises the right of a special consideration witness by

A

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

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2
Q

When the summons has been served when must the charging document be filed

A

As soon a practicable after the service of the summons

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3
Q

You completed application must show clear connections between

A

The offence, the target address and evidential material sought there really

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4
Q

Notification register (VNR) means the victim will be notified

A

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

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5
Q

you’re en route to the scene of an armed robbery where it is believed that an air rifle has been used you locate a person you believe to be defender a couple of blocks on the scene can you lovely stop and search him under section 8 of the search and surveillance Act 2012

A

Yes providing you have reasonable grounds to suspect they are in possession of it

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6
Q

Elimination samples are

A

Taken from people who had legitimate contact with the scene or an exhibit

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7
Q

What type of search requires you to complete a warrntless power notification

A

Section 7 entry and search for person unlawfully a large

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8
Q

When deciding whether to commence prosecution by laying charges which of the following test must be a applied

A

The evidential test and the public interest test

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9
Q

The truth maybe elusive so you may need to be persistent understatement persistent refers to interview behaviour and means

A

Asking questions for as long as it takes to get a full and truthful account from the suspect

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10
Q

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

A

May be admissible if it’s not signed or must be signed in order to be admissible

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11
Q

What are the proving elements of the offence robbery

A

robbery is fifth accompanied by violence or threats of violence to any person or property used to store them the property stolen or to prevent or overcome systems to it’s being stolen

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12
Q

What best describes hypothesis and why you might use them

A

Hypothesis suggest explanations for a group of facts that can be used to generate lines of enquiry

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13
Q

can a person charged with male assaults female (section 194 (b) Crimes Act 1961)category 3 offence elect a jury trial

A

Yes yes

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14
Q

Who is responsible for filing formal statements

A

The officer in charge of the case

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15
Q

Tessa and Jean want Lisa’s MP3 player Tessa is aware Jane has a knife and prepare to use it teen threatens to stab Lisa unless she gives the MP3 Lisa gives money instead which of the following correct in relation to the being armed with offensive ingredient of aggravated robbery

A

Jean is liable for aggravated robbery and Tessa is a party to aggravated robbery as she did not have possession of the knife

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16
Q

you’re about to interview a 15 year old for burger I suspect and nominated person and forms you the suspect has mental age of a 5-6 year old in given circumstances which is the most appropriate interview model to use

A

Minimise any confusion for the suspect by using a conversation management model

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17
Q

Joe Brown heading home after a night in town is kicked and punched by a group of feathers as a result of the salt Joseph has severe bruising to his face but develop severe and I’m going to prison and is unable to leave be left alone at night relation to section 188 dad 193 of the Crimes Act 1961 Jo is considered to have been

A

Under section 2 of the Crown say 19612 and Jimmy’s to cause actual bodily harm

18
Q

If a witness becomes a suspect during interview then the interview should

A

Caution safety procedures for entering suspect and ensure the interview is visually recorded

19
Q

after charging an offender with Mercury and placing him in the police South he later decides to tell you where he has him properly he stole during the burger according to the chief justice practice note guidelines you should

A

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

20
Q

ap1 call takes you to a home of our Lee man who disturb the burger wearing a LA Lakers hoodie he gets the registration number of the car that the burglar drove off in a short time later you stopped the vehicle and section 9 and arrestor sole occupant who is not wearing a hoodie can you search the vehicle under section 10

A

Yes because you can search for everything tulle material related to the offence

21
Q

What is meant by an investigator working rules

A

The knowledge and skills learnt from investigator experience

22
Q

Simon is having a party and has been served with a noise control notice the local council agent returns to address to cease the stereo Simon picks up a golf club holds it up in the air and states to the agent the stereo is not going anywhere if you come closer I’ll smack you in the head what is the appropriate crimes act 1961 assault offence

A

Common assault section 196

23
Q

Primary transfer occurs when

A

There is direct transfer of material between one party and another direct transfer

24
Q

The search and surveillance Act 2012 requires you to identify yourself and announce your intentions before you

A

Enter a place vehicle or other thing to search it

25
Q

When must a victim of section 29 offence be advised of their right to be on the victim notification system

A

At the time of the offenders arrest if practicable

26
Q

You are executing a search warrant and locate a cell phone refer to on the warrant yo observed the cell phone is turned on what action should you take to uplift it as an exhibit

A

Leave it switched on uplift in contact ECLO or ECL

27
Q

Stan sees Nigel walking along the road with Gloria stans ex-girlfriend Stan is Furious his steps in front of them and says menacingly get off my street or your get this Gloria and Nigel are frightened s raises his fist to demonstrate a punching moment can stan b don’t be charged with assault

A

Yes because to threaten another is an indirectthera indirect application of forther

28
Q

Is serious assault has occurred in a public place yeah good cause to suspect David is the offender us David and place them in the back of a police car before leaving the scene you are approached by Michael him it’s committing dassault you no longer believe David to be involved the correct action is

A

Release David immediately and document the circumstances

29
Q

stan sees Nigel walking along the road with Gloria stan ex-girlfriend stan Furious steps in front of them it says menacingly get off my street or you’ll get this Gloria and Nigel are frightened stan raises his fist and demonstrates a punching movement can stan be charged with assault

A

Yes because threaten another is in an indirect application of force

30
Q

Stan sees Nigel walking along the road with Gloria stands ex-girlfriend he steps in front of them and say some menacingly get off my street or you’ll get this Gloria and Nigel a frightened stan then raises a fist and demonstrates a punching movement can stan be charged with assault

A

Yes because to threaten another is an indirect application of force

31
Q

when executing a search warrant on a property you see items from the house and garaage on the property which is rented out under section 133 inventory of items you must provide a pol 268 inventory of the items seized from the garage to

A

The person renting the garage

32
Q

When applying to everything to tests you must consider this sufficient admissible evidence to

A

Provide a reasonable prospect of conviction

33
Q

The hot zone in a serious crime scene is best described as

A

A zone where forensic analysis of exhibits take place

34
Q

A witness with intellectual psychological or psychiatric impairment

A

Is a witness entitled to special consideration from police and others

35
Q

you and several other offices are called to a party that has got out of control a young woman at the party tells you that she was sexually assaulted in a bedroom of a house one of your colleagues leaves to apply for a search warrant could you use section 117 in these circumstances

A

yes because a search warrant is being sought you are at the place and believed that even into material may be concealed altered damaged or destroyed or removed

36
Q

you are required to take some crime scene photographs as the police photgrapher is unavailable you are aware that the crime scene has been altered and several exhibits have been moved you should

A

Photograph it in its new state

37
Q

is the interview proceed to suspect Suddenly claims his right to silence you have not yet put any challenges to him nor mention the witness statements you have should you stop the interview at this stage

A

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

38
Q

Victims rights act 2002 section 29 offence is defined as

A

sexual or serious assault resulting in injury death or being rendered incapable or leadi to the victim having fears for their safety or the safety of their family

39
Q

I suspect it’s 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

Record his refusal to sign dnt record and close the interview w

40
Q

Are pre trial admissibility hearings available both before judge alone and jury trials

A

Yes

41
Q

you are considering charging someone with burglary before you do you must satisfy the test prosecution contained in the solicitor Generals prosecution guidelines which component of the test should you conduct first

A

the evidential test if the evidence meets the evideeets the evidential test we can then consider the test we can then consider the publ