Interviewing Procedures Flashcards

0
Q

A suspect declines the services of a lawyer but although he agrees to an interview he says if you keep that video running I won’t say anything

Turn the video off and get his word that he will sign your written record of the interview

Continue with the video record and tell him that it’s his choice whether or not to answer your questions

Explain the advantages of a visually recorded interview and say he has the option of preparing a written statement

A

Explain advantages -written statement

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1
Q

Which of the following statements about the free recall model is generally true
When using the FR model the interviewer:

Does not explain the ground rules

Does not include a challenge phase

Dies not ask probing questions

A

Not include challenge phase

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2
Q

The investigative interviewer must be knowledgeable about question types and when they should be used or avoided

Leading
Probing
Closed

A question that can influence the witness answer

A

Leading

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3
Q

The investigative interviewer must be knowledgeable about question types and when they should be used or avoided

Leading
Probing
Closed

A question that seeks to clarify information given

A

Probing

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4
Q

The investigative interviewer must be knowledgeable about question types and when they should be used or avoided

Leading
Probing
Closed

A question that can be answered with a yes or no

A

Closed

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5
Q

When a witness has provided a description that matches the suspect the best way to present this as a challenge during the suspect interview to say

A witness has identified you as the person who committed this offence

A witness has provided details of an offender that fits your description

We have evidence from witnesses that you were at the scene

A

Witness has provided details that fits description

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6
Q

When a video tape of an adult witness is to be used in evidence in chief then the Oc must ensure

A support person was present in the interview room during the interview

The witness has viewed the video and given their consent for it to be used

All matters that may be the subject of cross-examination are covered in the video

A

Witness viewed video given consent

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7
Q

At the engage and explain stage of a witness interview the interviewer established the ground rules

Match description of the information you would cover with each ground rule

Concentrate
Take control
Report everything

You say you understand considerable focuses effort is required and that this may be difficultl

A

Concentrate

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8
Q

At the engage and explain stage of a witness interview the interviewer established the ground rules

Match description of the information you would cover with each ground rule

Concentrate
Take control
Report everything

You say they should do all the talking as you don’t know what happened and that they should correct you if you misunderstand

A

Take control

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9
Q

At the engage and explain stage of a witness interview the interviewer established the ground rules

Match description of the information you would cover with each ground rule

Concentrate
Take control
Report everything

You say they should tell you all they know in as much detail possible everything that comes to mind

A

Report everything

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10
Q

A 16yr old male, arrested for indictable offence elects his mum as a nominated person. She asks about the charges her son may face, is she entitled to know

Yes, the enforcement officer should inform her of the charges but only when a lawyer is present

Yes the enforcement officer should inform her of the nature of the charges ASAP

No as nominated person her role is to support her son

A

Yes inform ASAP

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11
Q

A 20 year old physically resists arrest. Some time later he refuses to leave the cell for an interview

An interview can proceed without his consent

In these circumstances should be cautioned again

Suspect interview can take place in the cells

A

Should be cautioned

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12
Q

If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the court will

Make you honour the promise and rile as inadmissible

Allie you description whether or not to divulge the off the record statement

Require you to give evidence including the off the record statement

A

Inadmissible

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13
Q

If a suspect has signed your notebook that they agree with your record of the events that occurred prior to the interview then there is no need to refer to these events on video

A

False

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14
Q

According to the investigative interviewing doctrine which of the following statements about probing questions is correct

An interviewer must follow a witness account with probing questions

An interviewer should initiate a suspect account with probing questions

An interviewer should avoid asking probing questions beginning with why

A

Questions beginning with why

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15
Q

Which example is incorrect

A written statement for a witness interview

Should ideally be recorded on police investigative interviewing form ii ws

Can not include slang swearing or colloquialisms

Must record chronological order

A

Can not include slang etc

16
Q

An investigative interviewer knows when to use and when to avoid certain types of questions

Was the car you saw driving off a station wagon - what type of question?

Open
Leading
Probing

A

Leading

17
Q

During an interview the suspect alleges another officer had been stopping him unnecessarily and he wants to make a complaint

Should a suspect complaint affect the interview process

No the interview may use their discretion to continue the interview and overlook the complaint

Yes the complaint should be noted on video and the suspect told that they will be referred to a senior officer following the interview

Yes the interview must be stopped and the complaint details recorded and appropriately address

A

Yes, complaint should be noted senior officer following

18
Q

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

Challenging a question put to their client that they believed improper

Challenging the interviewer on the validity of the allegations

Challenging the manner in which a question is put to the client

A

Validity of the allegations

19
Q

An investigative interviewer knows when to use and when to avoid certain types of questions as they may affect. The quality and quantity of information given

Was it a green car? Is what type of question

Probing
Closed
Open

A

Closed

20
Q

Probing or closed questions are ones that encourage only a relatively small range of responses usually a short word or phrase

According to the material in the investigative interviewing doctrine, which of the following statements about probing questions would be incorrect

Probing questions are the preferred way to start a suspect interview

Probing questions are used to get detail from the suspect or witness

Probing questions usually begin with 5 W & H

A

Preferred way to start interview

21
Q

Which of the following statement is incorrect
A witness free recall interview

Can be asked to make a sketch plan or drawing

Should begin their account following a teds type questing

Should be challenged following their first for account

A

Should be challenged

22
Q

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

Answering interviewers questions on behalf of client

Giving their client competent legal advise

Challenging the manner in which a questions posed to their client

A

Answering questions

23
Q

On being shown to the stations interviewing room to consult with her client a lawyer complains that a video machine is on and can be ministered from an adjacent room.
She refers to the clients right right to consult in private and requests the video machine is turned off.

What response should she receive.

Authorisation must be obtained from a senior officer

She must make this request in writing for the case record

The machine will be turned off immediately as requested

A

Machine turned off immediately

24
Q

Cross examination of persons in custody

A

Questions of a person in custody or in respect of whom there is sufficient evidence to lay a charge must not amount to cross examination

25
Q

Investigative important topics (5)

A
Intent (mens rea)
Action (actus reus) 
Method
Defences
Identity
26
Q

Final Closure - the 3 “Ps”

A

Polite
Positive
Prosepective