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CIK Notes > Conduct Investigations > Flashcards

Conduct Investigations Flashcards

1
Q

Initial Action

A 
Victims
Appreciation
Witnesses
Scene
Exhibits
Ingredients
Powers
Offenders
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2
Q

Appreciation

A

A proven method of problem solving. It identifies a question arising from a problem, issue or situation.
Can be full, short or written

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3
Q

How to do an appreciation

A
  1. Aim - statement of intent
  2. Factors - a statement of truth about known influence
  3. Courses open - possible ways aim could be achieved
  4. Plan - select most appropriate
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4
Q

Preserving scene

A
  1. Identify - common approach path, powers, “scene”, SITREP
  2. Secure
  3. Preserve
  4. Consider
  5. Record
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5
Q

Search and Surveillance 116

A

Securing a place, vehicle or other thing to be searched.
Can in a reasonable manner and duration
- secure thing, area or items in or on
Can exclude persons if will obstruct or hinder

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6
Q

POL 265

A

Deceased person certificate

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7
Q

POL 265A

A

Formal identification form

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8
Q

Initial response to body

A
  1. Record and consider marking position
  2. Record details
  3. Health risks
  4. Paper bags on head, feet and hands. Loose tape to secure. Plastic if wet.
  5. Wrap body in plastic sheet
  6. Search under body site
  7. Exhibits
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9
Q

File management/disclosure 10,000 series docs

A

Those where there is no justification to withhold from disclosure under 16, 17 or 18 - FWS, job sheets, transcripts

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10
Q

File management/ disclosure 50,000 series docs

A

Those which may be fully or partially withheld pursuant to 16, 17 or 18 - emails, SW app, CHIS

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11
Q

Good charging decision

A

Adequately reflect nature and extent of criminal conduct and provide court appropriate basis for sentence.

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12
Q

Attorney general needs to consent what charges

A

SOA 20 - false claim of qualification
SOA 20A - unauthorised disclosure of info
FEN 11 - NZ flag offences
FVP 123-129 - restricted and objectionable publications
CA 100-105 - bribery and corruption

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13
Q

Solicitor General Guideline

A

All probable offences punishable by 7 yrs + should be included in charge.

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14
Q

Good investigative decision

A 
Acknowledge problem 
Analyse
Objective
Gather data/info
Alternatives
Plan
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15
Q

Individual bias

A

Decisions unconsciously affected by personal perceptions

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16
Q

Verification bias

A

No considering alternatives as set on a vertical channel

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17
Q

Availability errors

A

Focussing on what have and ignoring other evidence

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18
Q

Investigative mindset

A

A disciplined approach to gathering, recording, retaining and presenting evidence

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19
Q

Hearsay

A

Admissible if the circumstances relating to the statement provide reasonable assurances that the statement is reliable and the statement maker is unavailable as a witness or judge seems undue expense or delay

20
Q

Statements of opinion

A

Admissible if opinion is necessary to enable the witness to communicate or the fact finder to understand the witness

21
Q

Expert evidence

A

Admissible if the face finder is likely to obtain substantial help from the opinion in understanding other evidence

22
Q

Improperly obtained evidence

A

Balance of probabilities that improperly obtained if any BOR breach, unfairly, inadmissible statement

23
Q

V.R.A 7

A

Treat with courtesy, compassion and respect

24
Q

V.R.A 8

A

Access to services such as welfare, health, counselling, medical and legal

25
Q

V.A.R 9

A

Restorative justice meetings to resolve

26
Q

V.R.A 11

A

Info about programmes and services

27
Q

V.R.A 12

A

Info about proceedings

28
Q

V.R.A 13

A

Limits on duties to give info under 11 and 12

29
Q

V.R.A 14

A

Info that may be given to a support person

30
Q

V.R.A 15

A

Rights under privacy act

31
Q

V.R.A 16

A

Restrictions on disclosing contact details

32
Q

V.R.A 17

A

About VIS. Defined, purpose and information to be ascertained

33
Q

V.R.A 18

A

Procedure before ascertaining VIS info. Must be true and recorded

34
Q

V.R.A 20

A

Statement from another disadvantaged

35
Q

V.R.A 21-26

A

In relation to VIS:

  1. For sentence indication
  2. May be read in court
  3. Offender not given to keep
  4. Return at end except victim, court staff, police, probation or prosecutor
  5. Can withhold part to protect
  6. Anything withheld not taken in to account
36
Q

Victim

A
  • offence against
  • physical or loss or damage from offence
  • parent or legal guardian of CYP
  • immediate family of deceased or is incapable due to offence
37
Q

Child vs young person

A

Child - Under 14 but 18 if giving evidence

YP- over 14 but under 17 (unless married/civil union)

38
Q

VHS

A

Calculated score based on factors and measures such as seriousness of offences, number of, offender recidivism and repeat crime types.
This creates lights of graduated response model

39
Q

VNR

A

Process set up by agencies to notify victims of specified serious offences who wish to be notified of bail, release and death of defendant or offender
29 offences - sexual or other serious, serious injury, death or incapable, one of another resulting in ongoing fear for theirs or immediate family

40
Q

VNR and VIS and alternate evidence numbers

A

POL 1065
POL 392
POL 2020

41
Q

If witness becomes suspect during interview

A

Adopt procedures for interviewing suspects including cautioning and visually recording

42
Q

P.E.A.C.E interview phases

A 
Planning and prep
Engage and explain 
Account 
Closure 
Evaluation
43
Q

Interview special considerations

A 
Children and elderly
Intoxicated
Traumatised victims
Intellectual disabilities 
FV/sexual assault victims 
Communication difficulties
44
Q

ADVOKATES

A 
Amount of time
Distance 
Visibility 
Obstruction 
Known 
Any reason to remember (distinguishing)
Time lapse
Error or material discrepancy
Salience
45
Q

Support person for witness

A 
Under 6 of evidence regulations, can be present at interview if in interest of witness and appropriate person. Always consider if 'special' witness 
18+
Not suspect or witness 
Won't pervert
Available reasonable time
46
Q

Ten II principles

A
  1. Interview heart of investigation
  2. Aim to discover truth
  3. Complete, accurate and reliable info
  4. Open mind
  5. Fair
  6. Questioning can be persistent
  7. Special considerations for some
  8. Interview in accordance with law
  9. Care to identify ‘special’
  10. Sensitive to culture and religion
47
Q

Memory process

A

Encoding > storage > retrieval

CIK Notes (7 decks)

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