INV 102 Flashcards
Bill of Rights, Section 22, Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained
BOR, Section 23, rights of persons arrested or detained
Shall be informed at the time of arrest or detention and the reason for it
Consult and instruct a lawyer
Shall have the validity of the arrest or detention determined without delay, otherwise released
Charged promptly or be released
Brought before the courts ASAP
Right from refrain from making a statement
Treated with humanity and respect
BOR, Section 24, rights of persons charged
Informed promptly of nature and cause of charge
Shall be released on reasonable terms and conditions unless cause for continued detention
Right to consult and instruct a lawyer
Right to have adequate time and facilities to prepare a defence
Right to receive legal assistance without costs
Right to have free assistance of an interpreter
When is a person in corrections custody
In prison
In Custody at Court
In Police custody when station is being used as a temporary jail
In police custody having being remanded and en route to or from a DOC prison
When should I repeat the caution/rights?
If the advise was given before the suspect was arrested or detained, must be repeated when suspect is arrested or detained
After a lengthy break in an interview
When interviewing them about an unrelated offence or the circumstances of the offence change
Improperly obtained evidence - what is regarded for it to be admissable
The importance of the right breached by the impropriety and the seriousness of the intrusion of it
The nature of the impropriety, whether it was deliberate, reckless or done in bad faith
The nature and quality of the improperly obtained evidence
The seriousness of the offence
Whether there were other investigatory techniques not involving any breach of the rights that were known to be available but were not used
Whether there are any alternative remedies to the exclusion
Witness to give evidence in alternative way, may be made on the grounds of
Age or Maturity Physical, intellectual psychological or psychiatric impairment trauma suffered by witness' fear of intimidation linguistic or cultural background nature of the proceedings nature of the evidence witness is to give relationship of witness to any party absence or likely absence from NZ
Witness to give evidence in alternative way, the Judge must have regard to
The fairness of the proceeding
in a criminal proceeding, that there is a fair trial
Witness to give evidence in alternative way, the views of the witness
need to minimise stress
promote recovery of the complainant
Alternative ways of giving evidence
While in courtroom, but unable to see the defendant
From an appropriate place outside the courtroom, wither in NZ or elsewhere
By a video record made before the hearing of the proceeding
If a video record of the witnesses evidence is to be shown at the hearing, what must the judge do
Give directions under section 103 as to the manner in which cross-examination and re-examination is to be conducted
Definition - Exculpatory Statement
An Exculpatory Statement is a statement intended to clear a person from blame
Definition - Inculpatory Statement
A statement that implicates a person in an offence, ie: admissions and confessions
Non Verbal Communication (NVC), what are spacers
Umm and ahhs
Memory Process 3 x stages
Encoding - Information is entered into memory
Storage - Once information is encoded into memory it is stored
Retrieval - When recalling an event the memory must be retrieved from storage
