Evidence Flashcards
When applying the evidential test you must consider if there is sufficient admissible evidence to:
Provide a resonable prospect of conviction
Establish a prima facie case
Suspect an offense has been committed
Provide a resonable
prospect of conviction
Which test is described in this statement? It is met if there is sufficient admissible evidence provide a reasonable prospect of conviction.
The admissibility test
The evidential test
The public interest test
The evidential test
All material gathered during an investigation should be evaluated through the filters of:
Corroboration, accuracy, fairness
Relevance, reliability, admissibility
Fact, assumption, hearsay
Relevance, reliability, admissibility
Which word best describes the Appreciation Technique?
A four step process that is written down, not committed to memory
A four step process to identify problems and find appropriate solutions
A four step problem solving process that informs decision making
A four step problem solving process that informs decision making
You are interviewing an offender arrested for receiving. while attempts to establish the identity of the original thief the offender begins to tell conflicting accounts. You now decide to change interview styles and begin 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?
Yes, because demanding answers to questions and using your personality when interviewing is legitimate
No, one a person has been arrested for an offense they cannot be interviews about that original offense
No, because the offender was in custody and questions must not amount to cross-examination
No, because the offender was in custody and questions must not amount to cross-examination
You are considering charging someone with burglary. Before you do you must satisfy the test for prosecution container in the solicitor-generals prosecution guidelines. Which component of the test should you conduct first?
The evidential test- if the evidence meets the evidential test we can then consider the public interest test
It doesn’t matter which order we complete the tests, we should always do both
The public interest test- if prosecution is of benefit to the public we can then consider the evidential test
The evidential test- if the evidence meets the evidential test we can then consider the public interest test
A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and…
The court is provided with an appropriate basis for sentence
The defense is provided with the total evidence at disclosure
The prosecution is provided with sufficient admissible evidence
The court is provided with an appropriate basis for sentence
