Evidence Act 2006 section 4 interpretation Flashcards
Admission in relation to a civil proceeding, means a statement that is:
A. Made by a person who is or becomes a party to the proceeding
And
B. Adverse to the persons interest in the outcome of the proceeding.
True or False?
True.
Hearsay statement means a statement that:
A. Was made by a person other than a witness and,
B. Is offered in evidence at the proceeding to prove the truth of its contents.
True or False?
True.
Leading Question means a question that directly or indirectly suggests a particular answer to a question.
True or False?
True.
Witness means a person who gives evidence and is able to be cross-examined in a proceeding.
True or False?
True.
A defendants statement is admissible against a co-defendant.
True or False?
False.
The judge must exclude a statement obtained by oppression unless the judge is satisfied by what that it was not influenced by oppression?
Beyond reasonable doubt.
A judge must exclude unreliable or improperly obtained statements unless satisfied by what that the circumstances in which the statement was not likely to have adversely affected its reliability?
Balance of probabilities.
When considering allowing a witness to give evidence in an alternative way the judge must take into consideration:
Select one or more:
A. That there is a fair trial.
B. The need to minimise the stress on the witness.
C. The need to promote the recovery of a complainant from the alleged offence.
D. Any other factor that is relevant to the just determination of the proceeding.
A, B, C and D are correct.
S215 Child or young person to be informed of rights before questioned by enforcement officer.
In circumstances where the enforcement officer would have the power to arrest a child or young person the officer wishes to summons them they must advise the child if they refuse to give their name and address they will be arrested.
True or False?
True.
S215 Child or young person to be informed of rights before questioned by enforcement officer.
States that a child or young person is not obliged to accompany the enforcement officer to any place for the purpose of questioning. And if they consent to do so they may withdraw that consent at any time.
True or False?
True.
S215 Child or young person to be informed of rights before questioned by enforcement officer.
States that a child or young person is not obliged to make or give any statement.
True or False?
True.
S215 Child or young person to be informed of rights before questioned by enforcement officer.
If a child or young person consents to making a statement the they can withdraw that consent at any time.
True or False?
True.
Name the three times you must caution a CYP:
- When you have reasonable grounds to suspect they have committed an offence.
- Before asking questions on intended to obtain an admission.
- Before continuing to question air at any time during the interview you have reasonable grounds to suspect they have committed an offence.
You check a CYPS understanding of their caution/ rights by using simple language, breaking it down into small parts and checking they understand each part by asking them to explain it back to you.
True or False?
True.
A CYP can choose either:
A parent or or guardian oran adult member of their family or whanau or any other adult over 20 years as a nominated person.
True or False?
True.
