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Police > Evidence > Flashcards

Evidence Flashcards

0
Q

What are the 5 key details when noting a suspect description from a witness?

A

Time (how long did they see them)
Distance (how far away)
Light (good visibility? Night time?)
Previously seen (do they remember seeing them for a specific reason)
Observation (was it a direct view? Discrepancies)

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1
Q

When speaking to a witness what details should you note about the suspect?

A

Height, build, race, age
Start at the top and work down
Description of any distinguishing marks
Any items in the suspects possession eg bag, weapon

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2
Q

What are the 4 elements of identification from a witness album?

A

12 pictures
Other pics are similar in age and appearance
No marks identifying the suspect
Witness left to make selection without help or opportunity to consult others.

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3
Q

What are the rights of a suspect in relation to an ID parade?

A

Detained - they may refuse

Arrested - compelled although the use of force may make them to obvious and so ‘unfair’

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4
Q

Who can ask for an identification parade?

A

PF
Officer in charge of the case
Senior officer
Suspect (defence)

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5
Q

What is the composition of an ID parade?

A

For ONE suspect minimum is SIX maximum NINE

For TWO suspects minimum is SEVEN maximum is TEN

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6
Q

What is an informal identification?

A

Where a witness is taken to a place where the suspect is known to frequent. The witness must arrive before the suspect. They may then attend a formal Id parade.

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7
Q

What changes could be made for a child witness or vulnerable person?

A

VIPER - video identification parade electronic recording

Removes the physical aspect.

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8
Q

Can a single finger print be used to convict an accused person?

A

Yes. Its admissible.

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9
Q

Scientific facts about finger prints.

A

Ridge skin is formed in the EMBRYO

The arrangement of the ridges remain constant (except after scarring or injury)

Even small areas are unique.

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10
Q

Info about fingerprints and the suspect.

A

Finger prints must be taken after they are arrested or detained.
Using previous fingerprints would reveal to the court that they had previous convictions.

Same applies to DNA

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11
Q

What is the difference between common law and statute law?

A

Common law is the law of the land (crime)

Statute is acts of government (offence)

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12
Q

What are examples of contact evidence at a crime scene?

A 
Fingerprints
DNA
Shoe impressions
Hairs and fibers
Paint and glass (from a car window on clothing of a suspect)
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13
Q

What is the initial action at a crime scene?

A.P.C

A

Assess

Protect

Communicate

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14
Q

Evidence definition

A

Includes all legal names (exclusive of mere argument) which tends to prove or disprove the truth of the subject before the court.

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15
Q

What is the onus of proof?

A

A court must prove beyond all reasonable doubt to find a person guilty.

The defence only need to introduce reasonable doubt, rather than prove beyond reasonable doubt.

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16
Q

What does scots law state in relation to evidence to prove a case?

A 
Sufficient
Admissable
Evidence to prove
Beyond all reasonable doubt
That the accused committed the crime.
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17
Q

Hearsay definition

A

Is evidence at second hand given by a person merely repeating something said by another person.

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18
Q

When is hearsay evidence admissable?

A

Statements by the accused after caution

Involuntary exclamation at a scene ‘hes got a knife’

Statement by a witness on their deathbed.

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19
Q

Credible witness definition

A

Is one whos evidence is held by the court to be trustworthy no matter how bad the character of the witness may be.

20
Q

What is a competent witness?

A

Someone that the court permits to give evidence.

21
Q

What is a compellable witness?

A

When a witness is called to court they mist attend.

If they fail to attend a warrant may be issued.

22
Q

What is circumstantial evidence?

A

That form of evidence afforded by facts or circumstances which have an apparent relation to the crime and from which an inference may be drawn as to the guilt or innocence of the accused.

23
Q

Circumstantial evidence

M.A.G.I.C.O.P

A

M - motive (greed, revenge, malice)
A - ability (skills and strength)
G - guilty intent (acted with the intention to commit crime)
I - identification (forensic evidence)
C - conduct after crime (evidence they disposed of evidence)
O - opportunity (evidence they were near the locus)
P - preparation (purchased a weapon or tools to commit crime)

24
Q

Production definition

A

Is any liquide, animal, document, article or other thing which is alleged to have some connection with the crime, offence, or incident under review.

25
Q

What is your power to seize a production?

A

Its a common law power.

Can be applied to statute offences.

26
Q

What is moorov doctrine?

A

Two or more crimes committed by one offender

BUT

Only one eyewitness for each.

(Indecency)

27
Q

What is the howden principle?

A

2 or more crimes or offences which are committed by the same offender

AND

Circumstances of the crimes are so SIMILAR then the accused can be convicted for all.
(Must be identified by a witness in one case)

28
Q

Missuse of drugs act power of arrest?

A

If you believe he will abscond without arrest

Ift he name and address are unknown and cannot be asertained

29
Q

Dangerous and careless driving sec 127 power of arrest?

A

You must see the offence take place

AND

Driver must fail to provide you with name and address OR produce their license.

BOTH MUST BE PRESENT

30
Q

Section 178 taking and driving away power of arrest?

A

Unconditional

Reasonably suspected
Having committed, or attempting to commit an offence

31
Q

What are the powers of arrest for common law crimes?

s.w.o.r.d

A 
S - seen committing
W - witness
O - offensive to public decency
R - running away pursued
D - danger to the leiges
32
Q

Powers of arrest for minor and statutory offences?

R.a.i.s.e

A 
R - refuse to desist
A - abode NFA
I - interest of public or offender
S - satisfaction of name address
E - evident intention to abscond
33
Q

What can you do with an arrested person?

S.p.i.n.f.r.e.d

A 
S - search
P - photograph
I - Id parade
N - nail scrapings and non-invasive
F - finger print
R - restrain and control
E - examine for injury
D - dental impressions and invasive
34
Q

Common law powers of entry?

D.i.s.c

A

D - disturbance ongoing
I - invitation
S - serious crime (pursuit)
C - cries for help

35
Q

Pleas in bar of trial

N.i.t

A

N - not of age
I - insanity
T - tholed an assize (already tried for crime)

36
Q

Special defences in court?

A.s.i.a

A

A - alibi
S - self defence
I - insanity at time of crime
A - allegation of other named person

37
Q

What is the solemn procedure process?

P.f j.i.p

A

P - petition warrant
F - first appearance

J - judicial/further exam
I - indiciment
P - preliminary hearing

38
Q

What are the elements to prove guilt?

C.r.i.e.s

A 
C - crime has been committed
R - relevant charge
I - identification of accused
E - evidence is admissible 
S - sufficient evidence to prove
39
Q

What is section 18 of the criminal procedures scotland act 1995?

A

It gives you the same powers of search and seizure as with an arrest if the person is detained under section 14.

40
Q

Under section 13 what can you require?

A

Suspect - name, address, dob, place of birth and nationality and can require them to stay with you until this is confirmed

Witness - name, address, dob, place of birth, nationality - have no power to make them stay while you check details.

41
Q

Where can you exercise section 13?

A

The scene of a suspected crime

And

Any other place that you are entitled to be

42
Q

What power of arrest does section 13 have?

A

Unconditional.

43
Q

What is a voluntary, detained, or arrested persons rights in regard to a solicitor?

A

Asked if they wish a solicitor to be informed

A private consultation prior to interview

44
Q

Who can be contacted when a person is arrested?

A

Over 16
Solicitor and one REASONABLY named person
(Interest of investigation, prevention of crime, apprehension of offender)

Under 16
Solicitor and parent/guardian
(May be delayed if parent suspected of being involved, and interest of child welfare)

45
Q

What are examples of a vulnerable prisoner?

A

Sobriety
Medical conditions
Suicide risk
Drugs dependency

46
Q

What are examples of special risk prisoners?

A

Escape attempt
Violence
Mental instability
Infectious diseases

47
Q

When a person has been arrested for a crime being dealt with at a summary court what are the options for release?

A

Liberate after they have signed an undertaking for place and time to attend court

Liberate without a written undertaking (SUMMONS)

Refuse to liberate and send to court the next lawful day

Police (10 decks)

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