Final Flashcards
The judge must exclude a statement when he or she is satisfied beyond reasonable doubt that the circumstances in which the statement was given adversely affected its reliability.
True or False?
False.
When a nominated person arrives to support a youth for interview you should give the nominated person the Advice and Duties Nominated Person booklet and:
A. Commence the interview, stating who is present and their role and explained the youths rights in video.
B. Explain its contents to the nominated person and allow them time alone to discuss it with the youth.
C. Ascertain they have read I, get them to sign they understand and agree to their role and requirements.
B. Explain its contents to the nominated person and allow them time alone to discuss it with the youth.
A 16 year old male, arrested for an indictable offence, elects his mother as his nominated person. She asks about the charges her son may face. Is she entitled to an explanation?
Select one:
A. Yes. The enforcement officer should inform her of the nature of the charges as soon as possible.
B. No. As nominated person her role is to support her son at interview so he understands the charges.
C. Yes. The enforcement officer should inform her of the charges but only when a lawyer is present.
A. Yes. The enforcement officer should inform her of the nature of the charges as soon as possible.
A suspect elects his right to silence at interview. You give the allegations and prepare a statement accordingly. He refuses to sign it.
Which of the following actions should you take?
A. Record his refusal to sign the interview. Record and close the interview.
B. End interview and request a senior officer sign the interview record.
C. Remind him of his right to a lawyer and postpone the interview.
A. Record his refusal to sign the interview. Record and close the interview.
An appropriate support person for a special consideration adult witness should be present in the room during interview when the interviewer:
A. Requires the support person to interpret.
B. Decides it is in their own interests.
C. Decides it is in the interests of the witness.
C. Decides it is in the interests of the witness.
The meaning of the term arbitrary detention as explained in the case R v Goodwin (1993) is:
Select one:
A. When words or conduct cause a reasonable person to believe that they are not free to go.
B. When words or conduct of an officer cause a person to believe that he or she is not free to go.
C. When an officer tells a person in no uncertainty words or conduct that they are not free to go.
B. When words or conduct of an officer cause a person to believe that he or she is not free to go.
As the interview proceeds suddenly the suspect claims his right to silence. You have not yet put any challenges to him nor mentioned the witness statements you have.
Should you stop the interview at this stage?
A. Yes if the suspect is maintaining his right to silence then he is delaying the processes so you can stop indefinitely.
B. No, you should proceed to fairly explain the allegations making a notebook record of events before closing.
C. No, the suspect must be taken before the court as soon as possible and delaying the process may effect this.
B. No, you should proceed to fairly explain the allegations making a notebook record of events before closing.
If the nominated person chooses by the youth cannot be located with reasonable diligence you should ask the youth to choose another person.
True or False?
True.
After charging ab offender with Burglary and placing him in the police cells, he later decides to telly out where he has hidden the property he stole during the burglary. According to the Chief Justice Practice Note Guidelines, you should:
Select one:
A. Reconvene the interview to gain an account but refrain from asking him any questions.
B. Reconvene the interview, caution him, gain his account and question him further.
C. Reconvene the interview and question him about the information he is now offering.
B. Reconvene the interview, caution him, gain his account and question him further.
Police must advise the nominated person of the rights of the child/young person who is suspected f an offence, prior to any interview taking place.
True or False?
True.
Which of the following scenarios could be an example of evidences that has been improperly obtained?
During an interview with a new immigrant the interviewer:
A. Does not ensure the suspect understands his rights.
B. Takes many breaks throughout a lengthy period of interview.
C. Questions persistently when the suspect changes his story.
A. Does not ensure the suspect understands his rights.
You are planning to interview Simone 14 years about her role in a serious assault. As you begin the interview what must you ensure she understands?
A. That if she does tell you everything she is more likely to get diversion as she is a first time offender.
B. That she does not have to say anything but if she does decide to talk she can change her mind at any time.
C. That you are obliged to inform her parents or guardians of the interview and the proceedings that may occur.
B. That she does not have to say anything but if she does decide to talk she can change her mind at any time.
As an exception to the hearsay rule a statement made by a defendant is admissible against the defendant.
True or False?
True.
Arbitrary detention will be deemed to have occurred where there is an unlawful deprivation of liberty accomplished through physical means or where the police have not arrested or detained the person, but nevertheless that person feels that she is not free to leave.
True or False?
True.
The definition of arbitrary detention applies to any person.
True or False?
True.
