CIK June 2018 Flashcards
An Offender kicks a victim several times…..splits their spleen….. most appropriate charge?
With intent to injure, wounds
If OC Initial Action locates a item they believe is going to rapidly deteriorate- best course of action?
Take immediate action to preserve the item
Vehicle stop for purpose of searching- 4 occupants. Your partner deals with the driver. A backseat passenger asks you why the vehicle has been stopped. What are your obligations to him?
None. You are only obliged to tell the driver of the vehicle the reason for the search.
As a condition of the authorisation of you SW app, an IO may require you to complete …
A s104 warrant report
Male A dances with Female B and gets blue fibers on his top. Late on in the night Male A dances with Female C and some of the blue fibers are transferred onto her top. Which of the following is an example of primary transfer?
Male A and Female B
A tangible item that could be evidential material…
A locked I phone
Executing a search warrant at an address. Locate vehicle that is not included in the search warrant. Can you search?
Yes because the vehicle is within the property being searched
Which of the following scenarios constitutes a robbery…..
Struggling with a victim who is hanging onto a cash bag
When explaining caution to adult suspect who has an intellectual disability. Give their rights and
Ask them in their own words to tell you what the caution means
Witness assault and K9 offender. Refuses to say anything. After 30min in cells says he wants to speak. When interviewed says why the assault took place. When should you caution?
At the time of K9 and prior to any interview in custody
What must happen before a judge can require a plea?
Initial disclosure delivered and defendant has sought legal advice
Being on the VNR, victim will be notified
By the agency where the offender is held of any information concerning the offenders bail, release, parole, escape or death
All material gathered through an investigation should be evaluated through filters of….
Relevance, reliability and admissibility
Brad wants associates sunglasses that he is wearing. Threatens associates and then punches him in the face. Decides he does not want the sunglasses and runs away. What offence?
Common Assault
S + S 2012 requires you to identify yourself and announce your intentions before you…..
Enter a place, vehicle or other thing to search it
When you need to remove a wet exhibit from a crime scene, how should you transport it to the Police Station?
Not sure what the answer for this was. But here were the two possible answers. Good luck figuring it out and let me know if you do :)
Uplift and secure in an unsealed paper bag or kleensak
Uplift and secure in a clean and unsealed plastic bag
When applying for SW , you must provide details of any previous applications for the target made during the previous
3 months
CYP can nominate an adult to provide support when being interviewed. Which describes the best person considered to be most appropriate for the role?
An adult member of their family or whanau
Representation refers to
Promise a favour in return for a requested action
Rv Weaver defines cross examination as
Questions put to a suspect to either whittle down or differentiate answers already given because their answers are not accepted
Shane visits his neighbor and Brian. A argument develops over Brains red T-shirt. Shane hits Brian in the face with a hammer. Can Shane claim self defence?
No, there was no force or imminent force from Brian to be resisted or prevented and Shanes response was not reasonable in the circumstances
Can you withhold property seized under s11 when a person is released from custody?
Yes- you can withhold any property if in your opinion it may be given in evidence in proceedings for the charge brought against that person
Evidence is improperly obtained if it is
obtained unfairly or unlawfully
A common approach path to and from the crime scene is established to
Control access to the scene and to prevent contamination
When deciding whether to commence prosecution by laying charges the following tests must be applied….
The evidential test and the public interest test
When there are multiple witnesses at a scene the investigator should….
Separate the witnesses, conduct a brief initial interview and gather witness details
John has breached the conditions of his protection order and slapped his partner across the face. What actions should you take?
Arrest and charge John with both the breach and the assault
When should an investigator visually record a witness interview?
When the interview is required for completeness and accuracy of evidence
Considering charging someone with Burglary…. 1st you must justify the test for prosecution contained in the solicitor General’s guidelines. What component of the test should you conduct 1st?
The evidential test- If it meets the ev test then we can consider the public interest test
Jimmy breaches conditions of PO held by Jenni when he enters her house and assaults her. Jenny tells you he is at his mates house to pick up his belongings so he can leave town. Which warrantless search power could you use on Jimmy’s mates house?
s8
During interview suspect claims his right to silence. You have not yet put any challenges to him or mentioned the witness statement. Should you stop the interview at this stage?
No, you should proceed to fairly explain the allegations making a notebook record of events before closing.
Katherine calls Police because of an argument with her partner Mary. On arrival it is evident that the aggressor is Mary. She is indicating she wants to leave. May can be detained for the purpose of….
obtaining authorisation to issue a PSO
An authorised SW is valid for
14 days
Can a person charge with MAF, a category 3 offence, elect a jury trial?
Yes
The initial action team at a scene of a serious crime, must work quickly to….
Remove people from the scene to reduce further contamination
You are called to a job… a person is saying they can see cannabis growing in their neighbors back yard. You stand in the informants back yard and look over the fence into the neighbors property. You can see the cannabis plants. Do you need a surveillance warrant for your actions so far?
No because you are lawfully on private property and not using a surveillance warrant
In relation to section 188 of Crimes Act. Difference between (1) and (2)
The intent of the suspect causing the injuries
Interviewing a suspect. After you begin to probe inconsistencies in his answers he says he is not prepared to tell you anymore but continues to answer your questions. Is the complete interview admissible?
No only the bit before the suspect claimed their right to silence is admissible
During a fight at a bar, Steve grabs pool cue and swings it around. Doesn’t want to hurt anyone. Gets carried away and hit bar patron around the head. Patron receives a fractured eye socket. Best way to describe Steve’s actions…
Acted with reckless disregard for the safety of others
Who is responsible for filing formal statements?
The prosecutor
Witness signs declaration on statement. Must ensure witness understands- to the best of their knowledge and belief their statement is true and….
They know how the statement may be used and the consequences of giving false or misleading information
CADD means
Concealed, Altered, Damaged or Destroyed
Roger has been charged with Agg Robb. Category 3 offence. Pleading not guilty and wants to elect jury. When can he do this?
At the same time he enters his NG plea
On way of preventing cross contamination of a victim from a serious crime scene…
Ensuring diff officers interview the victim and suspect
A person not considered suitable for the role of a nominated person for a young person
Close friend or classmate nominated by the young person
Golden Hour
Time when evidential material is more readily available
GBH in terms of an agg robb means
Really serious harm
Who is responsible for ascertaining the victim’s views on bail of person accused of s29 offence ?
Police
Taking digital images at a scene, you must start an audit trail. What details must be recorded?
Date, time and location
Aim of case management discussions?
Determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
File returned from prosecutions. Tasked to complete remedial work. Latest time the case needs to be back with prosecutions?
5 working days before the case management discussion
Responsibilities of exhibit officer at serious crime scene…
Managing the receipt, control and storage of exhibits
Man storms out of dairy. Short time later dairy owner hears loud bang and sees crack in window. Man standing across road. You interview the man. After a few questions her says “It was his fault because he was smart to me.” You continue with interview and K9. When should man have been given his caution/rights?
When the suspect stated that it was the dairy owners fault.
Elderly man disturbs a burglar wearing a LA Lakers hoody. Give registration of car. Short time late you stop vehicle and arrest sole occupant (not wearing hoody). Can you search vehicle under 10?
Yes because you can search vehicle for ev material related to the offence
Investigative mindset
Principled approach to the way in which investigators examine material and make appropriate and reasonable decisions
Tim fails to appear and now has WTA, You see him drive past and stop him under s9. Which power of search would you use after K9-ing Tim.
85
Should a person who is intoxicated be treated as a special consideration witness?
Yes because their ability to give accurate information is affected
Handover to OC scene. What information is essential to the integrity of the crime scene examination?
Details of post incident movement in the scene
Being together in agg robb means
Being physically present at robbery and taking an active part
Interviewing a person suspected of committing an offence. When should the caution be administered?
When you have sufficient evidence to charge a person with an offence
Who is responsible for ensuring a victim of s29 is given POL1065?
OC who arrest and charges the offender with s29 offence
On being shown the station interview room. Layer complains that video machine is on and she can be monitored speaking to client. Requests for machine to be turned off. What should happen?
Machine be turned off immediately as requested
Words that best describe the Appreciation Technique…
Four step problem solving process that informs decision making
No Police bail conditions- defendants 1st app must be
No more then 14 days from the date bail was granted
Example of evidence improperly obtained? Interview with new immigrant.
Does not ensure the suspect understands his rights
Privileged Information….
Patient records kept by a GP or psycologist
Susan’s neighbour can hear her abusing children and has seen Susan hit her 6 year old around the head with a vacuum cleaner house. Which act for most appropriate power of entry?
S+S 2012 S14
Admissibility of forensic evidence requires understanding of….
Contaminate, relevance, integrity, security
Before applying for a SW you must be sure that the offence you suspect is being or is about to be committed is
An offence punishable my imprisonment
Party out of control. Young woman at party tells you that she was sexually assaulted in a bedroom. Colleague leaves to apply for SW. Can you use S117 in these circumstances?
Yes because a SW is being sought, you are at the place and believe that EV material may be CADD or removed
Johnny served with summons to appear in 2 months time. When should the charging document be filed?
As soon as reasonably practicable after the service of the summons
When you are satisfied on reasonable grounds that as arrest of a youth without warrant is necessary, which section of the CYPFA overrides any enactment in making an arrest?
214
