CIK Questions Flashcards
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: Choose 2.
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
a) Make a notebook entry of his details and his demeanour.
and/or
f) consider conducting a preliminary interview
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
c) Advise the suspect of that fact and the reason for the delay
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
a) Challenging the interviewer on the validity of the allegations made.
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
a) You can interview him while being mindful of the need to proceed to court as soon as possible.
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
b) Interview her again on video, caution again and question her about the new allegations
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
b) They know how the statement may be used and the consequences of giving false or misleading information
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 give are acceptable
c) Police may use any means of questioning to elicit the truth from an offender
b) Questions aimed at establishing further facts from answers give are acceptable
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
a) Consult a supervisor to make decisions about the interview
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
a) Promises a favour in return for a requested action
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.
Asking questions in a manner that will stand up to the scrutiny of the court
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.
a) No, because the offender was in custody and questions must not amount to cross-examination.
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
c) Ask them to tell you in their own words what the caution means to them
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
a) Explain the substance or nature of the witness statements to them
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
c) The witness has viewed the video and given their signed consent for it to be used
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
c) Tell the suspect the lawyer is at the station to see him and act on the suspect’s wishes
Immediately before you ask a suspect to give their account of the events in question, you should explain:
a) The evidence you have and 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.
b) The events leading to the suspect agreeing to be interviewed.
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.
a) Whenever an interviewing suite and required resources are available.
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 witnesses has provided details of an offender that fits your description”.
c) “A witness has provided details of an offender that fits your description”.
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.
b) No because the admission was obtained by misrepresenting the truth to your suspect.
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
b) Does not include a challenge phase
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.
c) An interviewer should avoid asking probing questions beginning with why.
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.
b) Decides it is in the interest of the witness.
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.
a) At the time the offender was arrested for assaulting the other person, and prior to any interview when he was in custody.
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.
c) Yes because they will not fully understand the reason for the interview.
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.
b) Should ideally be recorded on Police investigative interviewing form II
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
b) Reconvene the interview, caution him, gain his account and question him further.
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) Considered 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.
c) Alert a supervisor to their status as a special consideration witness and the need for a specialist interviewer.
Who is responsible for filing formal statements?
a) The Prosecutor
b) The Registrar
c) The OC case
a) The Prosecutor
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) Probable cause
b) Balance of probabilities
c) Beyond reasonable doubt
b) Balance of probabilities
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.
a) When you have sufficient evidence to charge a person with an offence.
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and.
a) The defence is provided with the total evidence at disclosure
b) The court is provided with an appropriate basis for sentence
c) The prosecution is provided with sufficient admissible evidence
b) The court is provided with an appropriate basis for sentence
In applying the evidential test you must determine if there is a reasonable prospect of conviction through examining the:
a) Validity of the admissible evidence
b) Completeness of the admissible evidence
c) Sufficiency of the admissible evidence
c) Sufficiency of the admissible evidence
The meaning of the term ‘arbitrary detention’ as explained in the case R v 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
b) When an officer tells a person in no certain words or conduct that they are not free to go.
c) When words or conduct of an officer cause a reasonable person to believe that they are not free to go.
a) When words or conduct of an officer cause a person to believe that he or she is not free to go
Are pre-trial admissibility hearings available before both Judge-alone and jury trials?
a) No
b) Pre-trial hearings are only for jury trials
c) Yes
c) Yes
Johnny Smith is served with a summons to appear in Court in 2 months’ time. The Charging Document has not yet been filed. When must the Charging Document be filed?
a) As soon as reasonably practicable after the service of the summons
b) Within 7 days of the issuing of the summons
c) Anytime up to and including the first appearance date on which the defendant is required by the summons to appear
a) As soon as reasonably practicable after the service of the summons
Although judge may exclude an interview based on unreliability, this does not exclude the interview being offered as evidence of the:
a) Inconsistency of any prior statements.
b) Views allegedly made by the defendant.
c) Defendant’s physical or mental condition.
c) Defendant’s physical or mental condition.
If no Police Bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?
a) No more than 10 working days from the date bail was granted.
b) No more than 7 consecutive days from the date bail was granted.
c) No more than 14 days from the date bail was granted.
c) No more than 14 days from the date bail was granted.
Under section 23 of the Bill of Rights Act 1990 a person has the right to be treated with humanity and with respect for their inherent dignity. Who does this section apply to:
a) everyone
b) everyone charged with an offence
c) everyone arrested or detained
c) everyone arrested or detained
At 1400 hours you gave Jimmy (aged 15) his rights pursuant to section 215 of the Children, Young Persons and Their Families Act 1989. At 1445 hours he asks you whether he has to answer the question you just asked him. The most appropriate thing for you to do is
a) Advise him that he may withdraw his consent to make a statement at any time.
b) Advise him he must continue to answer all questions put to him.
c) advise him again of all his rights pursuant to section 215 of the CYPF Act
c) advise him again of all his rights pursuant to section 215 of the CYPF Act
Late at night you are called to a suspicious fire at a school. While cordoning the scene you locate and search a male teenager. Newspaper and a can of accelerant are found in his carry bag. He refuses to tell you his name. Your caution should make sure he understands:
a) You just want to ask him some questions before deciding what you should do
b) You can arrest him if he continues to refuse to give you his name and address
c) You know he has something to do with the fire so he should start talking now
b) You can arrest him if he continues to refuse to give you his name and address
A youth (16 years) who is to be interviewed about stolen property insists on his uncle as his nominated person. On contacting the uncle you find that he is willing to attend an interview but due to work commitments is not available until the next day. You should advise the youth in this situation that:
a) His nominated person is not available within the required timeframes and request he nominates another
b) The interview will be delayed until his uncle can attend and that the youth will be released conditionally
c) You are obligated to inform his parents of the matter so a parent may as well be his nominated person
a) His nominated person is not available within the required timeframes and request he nominates another
Which of the following people may not act as nominated persons, even if the young person specifically requests them?
a) A patched gang member with previous convictions who is a member of the youth’s whanau or their guardian
b) A person you believe on reasonable grounds is a witness or has some knowledge of the matter being investigated
c) A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with the young person.
b) A person you believe on reasonable grounds is a witness or has some knowledge of the matter being investigated
In general, should an investigator regard a child or youth under the age of 18 years as a special consideration witness?
a) Yes, because a specialist interviewer is always required for children and young people.
b) Yes, because their age and maturity level may mean they are vulnerable in an interview situation.
c) Yes, because the government agency Oranga Tamariki sets requirements for their interview.
b) Yes, because their age and maturity level may mean they are vulnerable in an interview situation.
When deciding on the admissibility of a youth’s interview, an overriding principle that will guide the judge is:
a) That the interview was conducted in compliance with the terms of the Chief Justice Practice Note
b) Whether the interview was fairly conducted in acceptance of the CYP’s vulnerability which entitles them special protection
c) Whether the youth was fully informed of their rights according to s215 of CYP and their Families Act 1989.
c) Whether the youth was fully informed of their rights according to s215 of CYP and their Families Act 1989.
When a nominated person arrives to support a youth for interview you should give the nominated person the ‘Advice and Duties Nominated Person’ booklet and:
a) Ascertain they have read it, get them to sign they understand and agree to their role requirements
b) Commence the interview, stating who is present and their role and explain the youth’s rights on video
c) Explain its contents to the nominated person and allow them time alone to discuss it with the youth
c) Explain its contents to the nominated person and allow them time alone to discuss it with the youth
Victim Impact Statements are required:
a) In every case involving an identifiable victim.
b) In some cases when the judge requests the victim’s views are to read to the court.
c) In most cases where there is an identifiable victim and others affected by the offence.
c) In most cases where there is an identifiable victim and others affected by the offence.
When must a victim of a Section 29 offence be advised of their right to be on the Victim Notification System (VNR)?
a) At first contact with the victim of a Section 29 offence
b) Following the offender’s conviction and sentencing
c) At the time of the offenders arrest (if practicable)
c) At the time of the offenders arrest (if practicable)
Victim Rights Act 2002 Section 29 offences are defined as:
a) Serious assault resulting in injury, death or a person being rendered incapable (including road accidents) where the victim is entitled to specialist support.
b) 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.
c) Sexual and or physical, emotional violence offences against another person in a relationship as defined by the New Zealand Police Domestic Violence Policy.
b) 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.
Simon is having an extremely noisy party at his house. A noise abatement notice has been served on Simon but he decides to ignore it and turn the stereo up louder. The local council agent returns to the address to seize 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 and if you come any closer I will smack your head in”. What is the most appropriate Crimes Act 1961 assault offence?
a) aggravated assault (section 192)
b) assault with intent to injure (section 193)
c) common assault (section 196)
b) assault with intent to injure (section 193)
In relation to section 188 of Crimes Act 1961 the difference between subsections (1) and (2) relates to:
a) The recklessness of the suspect in relation to the injuries caused.
b) The seriousness of the injuries caused by the suspect.
c) The intent of the suspect when causing injuries.
c) The intent of the suspect when causing injuries.
After being evicted from a party Steve drives his car into a crowd gathered outside of the address, injuring three people. In order to prove ‘recklessness’ under section 189(2) Crimes Act 1961, you must prove that Steve:
a) took a risk while not aware of the probable consequences
b) consciously and deliberately took an unjustified risk
c) consciously and deliberately took a reasonable risk
b) consciously and deliberately took an unjustified risk
Last week you were called to large department store where security advises they have CCTV evidence of a female (18 years) shoplifting clothing. On further investigation you find the young woman has an extensive youth file which includes numerous incidents of dishonesty and theft. Which one of the following public interest factors most supports prosecution in this case?
a) The likelihood of the offence being repeated.
b) The circumstances of the defendant.
c) The seriousness of the offence.
c) The seriousness of the offence.
Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike from the boot of the vehicle. As they run down the driveway they are confronted by the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and Joe and Steve run away. What is the most appropriate assault offence?
a) aggravated assault (section 192 Crimes Act 1961)
b) injuring with intent (section 189 Crimes Act 1961)
c) common assault (section 9 Summary Offences Act 1981)
a) aggravated assault (section 192 Crimes Act 1961)
Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts”, and swings the bottle at Ben’s head. Ben ducks and the bottle shatters against the bar wall. The most appropriate charge in relation to Harry’s actions is:
a) ‘assault with intent to injure’ because Harry intended to injure Ben with the bottle
b) ‘common assault’ because Harry did not succeed in hitting Ben with the bottle
c) ‘assault with intent to injure’ because Harry was reckless as to whether or not the bottle hit Ben
a) ‘assault with intent to injure’ because Harry intended to injure Ben with the bottle
It must be established that an offender must have formed the intention to rob in relation to the offence ‘assault with intent to rob’:
a) immediately after the assault
b) at a time proximate to the planned robbery
c) at the time of the assault
c) at the time of the assault
An offender kicks a victim several times in the torso and splits their spleen. Which of the following charges is the most appropriate?
a) With intent to cause grievous bodily harm, maims.
b) With intent to injure, wounds.
c) With intent to injure, injures.
b) With intent to injure, wounds.
Tessa and Jean want Lisa’s MP3 player. Tessa is aware that Jean has a knife and is prepared to use it when they confront Lisa. Jean brandishes the knife and threatens to stab Lisa unless she gives her the MP3 player. Lisa is scared but doesn’t want to hand over her MP3 player so gives Jean some money instead. Which of the following is correct in relation to the “being armed with an offensive weapon” ingredient of ‘aggravated robbery’?
a) Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife
b) Jean is liable for ‘aggravated robbery’ and Tessa is a party to ‘aggravated robbery’ as she did not have possession of the knife
c) only Jean is liable for ‘aggravated robbery’ as she was the person armed with a knife and had control over it
b) Jean is liable for ‘aggravated robbery’ and Tessa is a party to ‘aggravated robbery’ as she did not have possession of the knife
Doug and Colin have no money so decide to hide in the bushes and wait for a pedestrian to go by so they can steal that person’s cash. As a pedestrian approaches Doug changes his mind and takes off. Colin hits the pedestrian and searches his pockets. He finds no money but takes an MP3 player instead. Colin is liable for which of the following?
a) ‘robbery’ as he has used violence on the pedestrian and stolen the MP3 player
b) ‘theft’ as the intention to steal the MP3 player was only conceived after he realised that the pedestrian had no money
c) ‘aggravated robbery’ as he was together with Doug when they first hid in the bushes and made the plan
a) ‘robbery’ as he has used violence on the pedestrian and stolen the MP3 player
Brad goes up to Kevin and threatens him with “a hiding” if the sunglasses Kevin is wearing are not handed over to him immediately. Kevin refuses to comply and Brad punches him in the head. The sunglasses break. Brad, no longer interested in glasses, walks away empty-handed.
a) Attempted robbery
b) Robbery
c) Assault with intent to rob
c) Assault with intent to rob