Intro To Evidence

Question 1

What are the 4 forms of evidence?

Answer 1

FTDP

Facts
Testimony
Documents
Physical exhibits

Question 2

What are the 7 types of evidence?

Answer 2

ROD CCOP

Real - items able to be physically produces in court

Oral - person giving oral evidence under oath or affirmation

Documentary - specific type of real evidence, I.e. photos, gazettes, degrees

Circumstantial - evidence, if accepted, tends to prove the fact

Corroborative - when two pieces of evidence support one another. I.e two witnesses tell the same story

Opinion - statement of belief tending to prove or disprove something

Prima facie - evidence of the fact issue, if un-contradicted will provide evidence of the offending

Question 3

Referring to the general order para 18, what are the considerations for seizing?

Answer 3

• To consider wheat her it is an original document
• Unique or sufficiently unusual and the examination of the item would be of a real interest to the court/jury, and or the circumstances surrounding its discovery
• needs to be forensically examined
• subject to dispute of ownership
• is required to be returned to its lawful owner
• possession of the item is unlawful
• may be subject to forfeiture order by the court

Question 4

What is heresay evidence

Answer 4

Evidence of a second hand nature

I.e. when you give evidence on something you didn’t see, hear, touch, smell or taste

Question 5

What is the first step in determining if evidence is admissible?

Answer 5

Is it relevant - there must be a logical connection between the evidence and the fact

Question 6

An interview, where a person makes an admission, is only admissible to the court if the interview is what?

Answer 6

Fair and voluntary

Question 7

S33 of the Evidence Act

A police officer may give evidence in chief, and refer to their statement only if the statement is down when?

Answer 7

At the time or as soon as practicable after the occurrence

Question 8

First point of proof for an offence is what?

Answer 8

ID offender

Question 9

Name 4 ways to ID a suspect?

Answer 9

• visual ID
• fingerprints
• DNA
• handwriting
• voice ID
• CCTV
• propensity evidence
• admissions by a suspect or accused person
• combination of the above

Question 10

Explain the Anunga guide lines and where is can be found?

Answer 10

STRIP FLIC

Substitute clothing - if it is necessary to remove a suspects clothing, substitute clothing should be supplied

Tiredness - suspect should not be interviewed when disabled by illness, injury, intoxication or fatigue. Interviews should not go for an unreasonable amount of time without a break

Refreshments - suspect should always be offered a meal at meal times. At any time suspect should be offered water or use of the toilet

Investigate fully - even after a full and frank confession has been obtained, the investigation is not completed until evidence to corroborative the confession has been obtained

Prisoners friend - when practicable a prisoners friend should be present, this can be the same person as the interpreter. This person should be someone the prisoner has confidence in and supported by

Formulating questions - take care when formulating questions to avoid suggesting a particular answer. Avoid any nature of cross examination. Manner and tone are just as important as the words used

Legal advice - of the suspect seeks legal advice, responsible steps should be taken to arrange it. As a general rule, if the suspect stated they do not want to answer any or any further questions, the interrogation should not continue

Interpreter - not withstanding the person may speaks some English, an interpreter should be used when necessary to ensure complete and mutual understanding

Caution - take care when giving the caution. The suspect should be asked to explain what is meant by the caution phrase by phrase. Questioning should not proceed until it is apparent the suspect understand their right to mean silent

Can be found on the intranet, general orders, questioning/investigating Q1/Q2