Criminal Procedure and Investigations Act (CPIA) 1996 Flashcards
1
Q
4 R’s of CPIA
A
Record
Retain
Review
Reveal
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
3
Q
Unused material
A
Material that may be relevant to the investigation but does not form part of the prosecustion
4
Q
Information
A
Refers to all information obtained, recorded or processed for a policing purpose
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’
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
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
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
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
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