Initial Cards Flashcards by Mike Birchall

What is the purpose of a VIS?

Gives the victim the opportunity to make a written statement about the impact the crime has had on them.

How well did you know this?

Not at all

Perfectly

Why should you take care when using stepping plates?

They can slip on smooth surfaces.

How well did you know this?

Not at all

Perfectly

Section 188 (2) Crimes Act - Wounding

Includes intent to injure or with reckless disregard for the safety of others

How well did you know this?

Not at all

Perfectly

What is contamination?

When ‘evidence’ has been added to an exhibit post-incident. This could be deliberate or inadvertent and could adversely affect the laboratory examination, findings, and interpretation of the examination results.

How well did you know this?

Not at all

Perfectly

What is required in charging with “being together with”?

All people must be physically present at the robbery and share an intent to steal using their collective force. Each must play an active role in the robbery. Mere presence during a robbery, without active participation, is not sufficient.

How well did you know this?

Not at all

Perfectly

What is the difference between primary and secondary transfer of DNA?

Primary transfer occurs when DNA is directly transferred from a person to an object.
Secondary transfer is when DNA from one object is transferred to a second object or person.

How well did you know this?

Not at all

Perfectly

What does the “beyond reasonable doubt” standard of proof relate to?

The prosecution is required to prove all elements of an offence to this standard.

How well did you know this?

Not at all

Perfectly

What does the “balance of probabilities” standard of proof relate to?

When a defendant is on charges for drug dealing and applying for bail, they must satisfy the judge on the balance of probabilities that they will not while on bail or at large commit any drug dealing offences.

How well did you know this?

Not at all

Perfectly

Who’s responsibility is it for filing formal statements?

The O/C prepares the statement but the prosecutor is responsible for filing it.

How well did you know this?

Not at all

Perfectly

Should a person who is intoxicated at interview be treated as a special consideration witness?

Yes. Although they should only be interviewed in exceptional circumstances.

How well did you know this?

Not at all

Perfectly

When should a support person be in an interview with someone?

When it is in the interests of the witness and the person is an appropriate person to support the witness.

How well did you know this?

Not at all

Perfectly

What are the five factors which make up the public interest test?

Seriousness of the offence
Likely penalty on conviction
The circumstances of the defendant
The likelihood of the offence being continued or repeated
The circumstances of the victim

How well did you know this?

Not at all

Perfectly

What are the three aims of case management discussions?

Defendant intends to enter guilt plea or leave is sought to withdraw or amend charges
Judicial intervention required
When a trial may be required

How well did you know this?

Not at all

Perfectly

What should you do during a preliminary interview with a suspect?

BOR them and record everything they say.

How well did you know this?

Not at all

Perfectly

According to Criminal Justice Practice Note guideline 4, when you are questioning a suspect about statements made by a witness, what should you do?

Make sure the substance of the statements or the nature of the evidence is fairly explained.

How well did you know this?

Not at all

Perfectly

As part of the SW application process you must check that your NIA target is valid. You need to do this because details of any SW applications made on your target…

Will pre-populate from search warrants applied for in the last 3 months

How well did you know this?

Not at all

Perfectly

When taking digital images of a crime scene yourself, you must start an audit trail recording the details of the images in your notebook. What details must you record?

Date. time, and location.

How well did you know this?

Not at all

Perfectly

Is someone with a fines warrant unlawfully at large?

No.

How well did you know this?

Not at all

Perfectly

Is someone with a fines warrant unlawfully at large?

No.

How well did you know this?

Not at all

Perfectly

Contamination of DNA is a real risk. What is minimum standard of protective clothing to be worn by everybody entering a scene is…

Face mask and gloves

How well did you know this?

Not at all

Perfectly

When should an investigator visually record a witness interview?

The decision should be based on:

the nature of proceedings
nature of the evidence the witness is expected to give
relationship of the witness to any other party to the proceeding.

How well did you know this?

Not at all

Perfectly

It must be established that an offender must have formed the intention to rob in relation to the offence ‘assault with the intent to rob’ and what point in relation to the offence?

Immediately before the intended theft. It must be proven that the violence was used to extort the property stolen or overcome resistance.

How well did you know this?

Not at all

Perfectly

What is the difference between robbery and assault with intent to rob?

Assault with intent to rob is like an incomplete robbery because the theft isn’t completed.

How well did you know this?

Not at all

Perfectly

What rules surround rub-down searches?

85(2) - You can rub your hand inside or over clothing (except underclothing)
86 - remove or lift other garments of clothing except where the person has no other clothing underneath or only underclothing
87 - Visual examination of mouth, nose, and ears

How well did you know this?

Not at all

Perfectly

What rules surround rub-down searches?

85(2) - You can rub your hand inside or over clothing (except underclothing) 86 - remove or lift other garments of clothing except where the person has no other clothing underneath or only underclothing 87 - Visual examination of mouth, nose, and ears

The meaning of the term "arbitrary detention" as defined by R v Goodwin (1993) is...

...arrest must have its Crimes Act meaning of a communicated intention on the part of the police officer to hold the person under lawful authority

What is the process for uplifting phones at a search warrant?

Turn it off, photograph it, arrange for ECL/discuss with ECL

What is the primary consideration when a suspect for a serious assault raises the issue of self-defence?

The threats made by the victim

You wish to install a 24 hour camera across the road from a suspected tinnie house to record the comings and goings at the front door. What is required under search and surveillance?

Apply for a surveillance device warrant because the observation of a private premise is being recorded

When does a Victim have to be notified under section 29?

- When the offender is released on bail (including terms and conditions of bail) - when the offender comes up for a hearing by the NZ Parole Board and be able to participate in the process to decide whether to grant the offender parole and make submissions to the NZ Parole Board - of the offender’s impending release from prison, - temporary release from prison or part-time release to work - when a prison sentence is substituted by a sentence of home detention - when the NZ Parole Board makes a decision: - whether to grant the offender parole - concerning an interim or final recall order - when the offender is being considered for a deportation order or has appealed against such an order - about opportunities to make claims under the Prisoners’ & Victims’ Claims Act 2005. - escapes from prison or absconds from home detention - dies in prison, while subject to release conditions, or while on home detention - is given compassionate release from custody - breaches parole, release, or home detention conditions and any convictions and sentences for breaches - is discharged or given unescorted leave of absence, or has escaped, or died, when liable to be detained in a hospital or facility

Which victims can go on the Victim Notification Register?

Only victims of section 29 offences

In applying the evidential test you must determine if there is a reasonable prospect of conviction through examining the:

Sufficiency of the admissible evidence.

Care must be taken in police interaction with a witness because:

A witness's needs and individual circumstances must be taken in to account by an interviewer.

Shane (15 years) witnessed his father beat his mother causing her serious injuries. At interview it was apparent that Shane's evidence supports his fathers prosecution but Shane is reluctant to give his evidence in court, What are the O/C's responsibilities in the given circumstances?

Convince Shane of the importance of his evidence and gather his view on giving his evidence in an alternative way OR Provide a report to the Prosecutor outlining information (relevant grounds) for Shane to give his evidence in an alternative way

When and why is a CSV1 required?

When there is a Victim and the matter will proceed to District Court (or above) because the Victim is entitled to specific services at the court.

An intellectual, psychological or psychiatric impairment may affect the witness's cognitive process and hence their ability to:

Recall information completely

A witness is reluctant to give information that will incriminate a friend should be advised of the possible consequences of their withholding information - T/F

False

How can Police ascertain if a Victim of a Section 29 offence has been registered on the Victim Notification Register?

Query the Notifications database on the National Bulletin Board

Under the Crown Law Prosecution guidelines 2010. When the admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must:

Apply the public interest test to determine if a prosecution is required

An appreciation is the mental process, the written plan:

Records decision making and shows why a certain course of action was decided.

The purpose of the Victim Notification Register (VNR) is to:

Ensure the Victim is notified about the offenders status and location, so that the Victim's safety can be managed

What are the responsibilities to the Victim when a Section 29 suspect is released on bail?

Police must advise all Victims, as soon as practicable, of the outcome and conditions of any bail application

At the time the offender is sentenced a victim impact statement should be:

Updated if more than 28 days old OR Current if completed within the last 28 days

What is the purpose of a CSV1?

records the police referral of the victim to the court victim advisor

What is the purpose of a POL128

records the Police opposition to the Defendants bail and the victims views on their safety

What is the purpose of a POL1065?

records the victims request to be notified about the bail/release/escape or absence of the offender/defendant

What is the purpose of a POL392?

records the effects of the crime on the victim and others who have been disadvantaged by the offence

What is the purpose of a POL1060?

provides a record of Police contact with the Victim and the actions completed

When you are interviewing a witness about a serious incident and the witness requires an interpreter then you should (3)?

1. Visually record the interview 2. Avoid using an interpreter who knows the witness 3. Discuss the aims of the interview with the interpreter

In relation to opposing bail for a person charged with a Section 29 offence Police must:

Make all reasonable efforts to ensure that the court is informed of the victim's views on bail

Victim Impact Statements cannot be disclosed to offenders under the Privacy Act 1993, (without the victim's consent). When the victim gives their consent the victim impact statement:

Can only be distributed by prosecutors in relation to Police staff AND Can be given to the defence prior to the sentence hearing and they must return it to court staff

The O/C case is responsible for ensuring a victim impact statement /audio tape or vide file is held in the case file ready for the prosecution to produce in court at the time of sentencing (T/F)

True

A victim impact statement may contain the victim's comments about an offender, or prior knowledge they may have about that offender, or their opinion about the possible sentence the offender should receive (T/F)

False

Prior to gathering information from the victim for the preparation of their statement the O/C case must explain how the statement will be used and gain the victim's approval for disclosure or distribution of their statement (T/F)

True

When a witness refuses to talk with you or to be interviewed, then that is there right. You should make a notebook or jobsheet record of their reasons for refusing and your opinion on why they refused (T/F)

True

You and a colleague are separately interviewing two suspects at the station. Your suspect is uncooperative so you leave the room, return 5 minutes later and tell him that his friend has admitted taking part in the burglary. He shrugs, readily admits his involvement and later pleads guilty. Would the above admission by your suspect be admissible in court?

No, because the admission was obtained by misrepresenting the truth to your suspect.

When Police are called to a complaint of a prowler and the complainant is an older person or a woman and children living on their own. Police must make a referral to Victim Support. (T/F)

True

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.

For any investigation you should aim to collect:

The maximum amount of material and examine for its use

Which words best describe the Appreciation Technique?

An analytical process that informs decision making

Should a person who is intoxicated at interview be treated as a special consideration witness?

Yes, because their ability to give accurate information is affected

Last week you were called to a large department store where security advises they have CCTV evidence of a female (18yrs) shoplifting clothing. On further investigation you find the young woman has an extensive youth file which includes numerous incidents of dishonesty and theft. Which one of the following public interest factors most supports prosecution in this case?

The likelihood of the offence being repeated

Victims Rights Act 2002 Section 29 Offences are defined as:

Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victim having fears for their safety or the safety of their family.

Police may interview a person in custody. A person is 'in custody' when:

Words of arrest and physical touch clearly signals the person is not free.

Describe the difference between lawful detention, arbitrary detention, and arrest.

When a person is detained under an enactment and exercises their right to silence - LAWFUL DETENTION When a person is detained for questioning without understanding they are free to leave - ARBITRARY DETENTION When a person in authority uses that authority to restrict the movement of another - ARREST

An informant tells you a man is party to a series of recent offences. You tell the man you have information that suggests he is involved and you want to interview him. He denies any involvement and agrees to the interview to 'clear his name'. During the interview he admits his involvement but then changes his mind about continuing with the interview. 1. Should he have been cautioned at the start of the interview? 2. Can he refuse a video/audio record? 3. Should he have been given his rights when he changed his mind?

1. No 2. Yes 3. Yes

You CANNOT arrest a suspect for the purpose of interviewing them to gather information. The meaning of the term 'Arbitrary Detention' as explained in the case R v Goodwin (1993) is:

When words or conduct of an officer cause a person to believe that he or she is not free to go.

Under S.24 of the NZ Bill of Rights Act 1990 a person shall be released on reasonable terms and conditions unless there is just cause for detention. This applies to:

A person charged with an offence and processed accordingly.

Evidence is improperly obtained if it is:

Obtained unfairly or unlawfully

An application for the alternative way of presenting evidence may only be made if the witness is a child, a victim of sexual assault or a member of their family?

False

In decisions about admissability of their interview, characteristics of the suspect such as mental, intellectual or physical disability are only taken in to account if they visibly present at the time of interview?

False

The judge must exclude a defendant's statement if they are satisfied it was influenced by oppression. What is the standard of proff required?

Beyond reasonable doubt

The Judge must exclude a Defendant's statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?

Balance of probabilities

Consider the statements below and decide whether they are true or false: When deciding whether to exclude a statement the Judge must consider the - 1. Number of qu's put to the Defendant about the offence for which they were arrested 2. Pertinent characteristics of the Defendant inclusing any mental, intellectual or physical disability - TRUE 3. Physical, mental or psychological condition of the Defendant when the statement was made - TRUE

1. False 2. True 3. True

The Judge may rule a Defendant's statement inadmissable if he decides its content is likely to be unreliable. An example of an inadmissable statement could be a video record showing the suspect is:

Affected by drugs at the time of the interview OR Promised a court outcome in return for information OR Confused by the interviewer's rhetorical questioning

As defined by the Evidence Act 2006 a statement is limited to a written or verbal asertion by a person on any matter?

False

Representation refers to the behaviour of the interviewer who:

Promises a favour in return for a requested action

Grant is a 38 yr old male who witnesses a stabbing in a local bar. He was a bystander and has no relationship to the victim or the suspect. Which 2 reasons could be given to support an application for the video record of his witness interview to be played as his evidence in chief?

Grant will be overseas on a planned holiday at the time of the trial. Grant says he has been badly affected by the event and can't sleep.

The Judge must exclude a statement when he or she is satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected its reliability. (T/F)

True

Under S.29 of the Evidence Act 2006, oppression is definined as

Threats, degrading treatment or violence to the Defendant or any other person.

As an exception to the Hearsay rule, a statement made by a Defendant is admissable against that Defendant?

True

A statement made by a Defendant is admissable against a co-defendant in the proceedings?

False

When deciding whether evidence was improperly obtained, which of the considerations will the Judge make?

The importance of any right breached and the seriousness of the intrusion on it. Whether the impropriety was necessary to avoid physical danger to the Police or others.

Jane Smith is a 27yr old complainant of repeat sexual abuse by her father over the last 15 years. An application can be made for Jane's video recorded interview with Police to be played as her evidence in chief on the grounds of (3)

Relationship between complainant and Defendant AND Trauma Jane has suffered over 15yrs AND Sexual nature of her father's alleged ongoing offending

Under S.103 of the Evidence Act 2006 when deciding on whether to accept an application to give the evidence of a witness in an alternative way, the judge must have regard to whether the alternative way will:

Promote the complainant's recovery from the alleged offence

Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable?

Challenging the interviewer on the validity of the allegations made