Criminal Procedure and Investigations Act (CPIA) 1996 Flashcards

1
Q

4 R’s of CPIA

A

Record
Retain
Review
Reveal

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2
Q

Relevant material

A

Material that may have some bearing on:
Any offence under investigation
Any person under investigation
The surrounding circumstances of a case

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3
Q

Unused material

A

Material that may be relevant to the investigation but does not form part of the prosecustion

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4
Q

Information

A

Refers to all information obtained, recorded or processed for a policing purpose

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5
Q

Relevancy test

A

Relevant material can become irrelevant throughout the case dependant on its impact (visa versa) referred to as the ‘relevancy test’

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6
Q

CPIA

A
  • regulates the procedures of investigation and prosecution of criminal offences
  • aims to provide a process for the disclosure of relevant and unused material in criminal proceedings
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7
Q

Disclosure officer

A
  • responsible for examining all material
  • reveal certain material to persecutor
  • review and reveal material throughout criminal proceedings
  • disclose material to the accused (or his legal representative) at the request of the prosecutor
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8
Q

Prosecutor

A
  • acts of behalf of the crown
  • conduct criminal proceedings resulting from an investigation
  • responsible for disclosing relevant material to the defence
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9
Q

Investigator

A
  • any police officer involved in the conduct of a criminal investigation
  • must notify the ‘disclosure officer’ of the existence and location of material use in the investigation
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10
Q

Officer in charge (OIC)

A
  • direct a criminal investigation by ensuring all reasonable lines of enquiry are followed
  • be accountable
  • smaller cases, disclosure officer will also be the OIC
  • retain all relevant material
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