INV101 - Conduct Investigation Flashcards
What is the decision making reasoning sequence?
Acknowledge - A situation or problem exists
Identify, isolate and analyse - the problem clearly
Formulate a clear objective - ask; what are we aiming to achieve
Gather information - required to determine how the aim can be achieved
List - of all ways to achieve the aim
Compare - each alternatives individually
Plan - to execute
What are three factors that can effect decision making?
Individual bias, Verification bias and Availability error
What is Individual bias?
When one fails to recognise their unconscious perceptions of people, places or things
What is Verification bias?
Occurs when the focus is channeled towards decisions supporting a certain point of view, thereby overlooking other lines of enquiry
What is Availability error?
Basing decisions on vivid, emotionally charged material which may not necessarily reflect the scope of material available to make the correct decision, eg. over focussing on the Victims account and overlooking collection of evidence
What are the four steps in the Appreciation technique
Aim/objective, factors, courses open, plan
Explain the meaning of ‘Aims / Objectives’
An aim or objective is a short statement of intent beginning with a verb
Explain the meaning of ‘Factors’
A factor is a statement of truth about some known influence or circumstance
Give examples of ‘Factors’
Seriousness of offence, pattern of incidents/offences, time available, possible suspects, available witnesses, material located to date, policy and procedures in place, known history of the parties, records that can be tapped, the weather at the time
Explain the meaning of ‘Courses open’
Courses open are the options you can identify after having assessed the factors and the deductions made from the factors.
Explain the meaning of ‘Plan’
Select the most appropriate courses for attention and plan the action you can take;
- It it more than likely that it will be effective?
- Is it proportionate? (effort, time, service)
- Is it achievable?
- Will it pass the SELF test?
The investigation process is underpinned by four key areas of knowledge, understanding and skills in?
- Core legislation
- Characteristics of crime
- National policies and procedures
- Investigative techniques
What are the stages of criminal investigation?
- Instigation
- Initial investigation
- Investigative evaluation
- Further investigation
- Suspect management
- Evidential evaluation
- Further investigation
- Charge
- File preparation
- Court
What is ‘Material’?
Material is substance of any kind, including information and objects, sounds and images, obtained in the course of a criminal investigation that has some bearing on an offence under investigation or any person being investigated, or on the surrounding circumstances of the case
In terms of material, what is ‘information’?
Used to identify times, locations, circumstances and numbers involved in the incident
In terms of material, what is ‘intelligence’?
If it is analysed together with other material to identify people who frequent the area, have similar clothes and are suspected of involvement in similar disturbances
In terms of material, what is ‘evidence’?
If it is used in court to prove a specific point
What are the five principles of the ‘Investigative mindset’?
- Understand the source of material
- Planning and preparation covers making decisions about the collection of material
- Examine all material; interpret by drawing inferences and explaining to others, clarify any inconsistencies or ambiguities, challenge the meaning and reliability of all material gathered
- Record and collate actions taken and to be taken with material
- Evaluation should identify any further action required
What is investigative evaluation?
Undertaken to determine;
- What is known
- What is not known
- Consistencies
- Conflicts
Key differences between investigative and evidential evaluation is that during evaluation ‘all available material’ is evaluated, even if inadmissible.
What is evidential evaluation?
Considers;
- The overall strength of the case
- Whether sufficient evidence exists against the offender to proceed to charge
When carrying out and evidential evaluation, the strength of the case is evaluated only on admissible evidence.
What is self/peer evaluation?
Will address;
- Review of assumptions and decision making
- Records organisation and management
- Information communication and dissemination
- Lessons learnt
Self and peer evaluation is a critical component of the practice of professionals
Investigators usually make decisions based on ‘working rules’. What is another name for it and how is it developed?
Heuristics. Developed from their on the job learning experience of conducting investigations and from their colleagues
What is the Appreciation technique?
It is a cognitive tool commonly used by investigators to take a disciplined approach to their decision making
In order for material to be effective it must be?
Relevant, reliable and admissible
What is a hypothesis?
A suggested explanation for a group of facts either accepted as a basis for further verification or accepted as likely to be true
Victims Rights Act 2002, Section 7 - Treatment
Any person who deals with a victim must treat them with courtesy and compassion and respect their dignity and privacy
Victims Rights Act 2002, Section 8 - Access
A victim of an offence should have access to services that address their needs, welfare, health, counselling, medical or legal
Victims Rights Act 2002, Section 6 - Restorative Justice
If upon the victims wishes, wants to meet with the offender to conduct restorative justice by way of facilitated meeting, Police can arrange to do so
Victims Rights Act 2002, Section 11 - Inform of services
Police have an obligation to inform victims of services available to them
Victims Rights Act 2002, Section 12 - Inform of process
Victims must be informed of;
- Investigation process
- Charges laid or reasons for not charging
- Victims role as a witness
- Steps victim may take to guard identity
- Date, time and place of relevant events
- Any outcomes of prosecution
Victims Rights Act 2002, Section 14 - Support persons
Information can be given to a victims support person if the victim;
- Cannot receive it
- Is not capable of understanding it alone
- Has, in writing, nominated that person
Victims Rights Act 2002, Section 20 - Other victims
The prosecutor may, if considered appropriate to do so, treat the following as victims;
- Persons disadvantaged by an offence
- Persons from whom the effects of the offence has been, or could be, ascertained by or on behalf of the prosecutor
Victims Rights Act 2002, Section 25 - Retention of part or all of Victim Impact Statement
A judicial officer may, on his or her own initiative or on an application for the purpose, order that an offender and every lawyer representing the offender, not be given or shown any part of the victim impact statement.
Victims Rights Act 2002, Section 29 - Informed of bail conditions
Victims have a right to be informed of offenders bail conditions
Victims Rights Act 2002, Section 49 - Complaints
Victims have a right to complain to the IPCA if they feel they have not been afforded their rights
Victims Rights Act 2002, Section 51 - Return of property
Victims property seized as evidence must be returned as soon as possible
Which document is given to a victim eligible for the VNR?
POL1065
A victim is eligible to be put on the Victims Notification Register if they are the victim of?
- Sexual offending
- Serious assault
- Assault incurring serious injury or death
- An offence leading a victim to have ongoing fears for theirs or their families safety
A Victim impact statement can only be distributed by?
Prosecutor
Can a Victim impact statement be disclosed to an offender?
Yes, only with the Victims consent
Who is responsible for informing a S29 victim of release on bail of an accused or offender?
Police
Who is responsible for informing a S29 victim of release or escape from prison detention, or of death, of an offender?
Department of Corrections
Who is responsible for informing a S29 victim of cessation of, or absconding from, or death during, home detention of offender?
Department of Corrections
Who is responsible for informing a S29 victim of decisions on recall orders?
NZ Parole Board
Who is responsible for informing a S29 victim of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital (or facility)?
Ministry of Health
Who is responsible for informing a S29 victim of the accused or offenders possibility of deportation
Department of Labour
What are the ten principles of investigative interviewing?
- Interviewing is at the heart of investigation
- The aim of the interview is to discover the truth
- Information must be complete, accurate and reliable
- Keep an open mind
- Act fairly
- Questioning can be persistent
- Some witnesses require special consideration
- Interview in accordance with the law
- Care must be taken to identify suspects requiring special consideration
- Be sensitive to cultural background and religious beliefs
What are the five stages of the Peace model?
- Planning and preparing interviews
- Engage and explain
- Account
- Closure
- Evaluation
Section 103(3)(a) of the Evidence Act outlines the grounds a judge must consider when deciding upon alternative ways of giving evidence which are?
- Age, maturity
- Physical, mental, psychological impairment
- Trauma suffered
- Fear of intimidation
- Nature of proceeding / evidence
- Absence or likely absence from NZ
Always consider using a support person when the witness?
- Under 18 or elderly
- Suffers from disability, disorder or impairment
- Is traumatised
- Victim of sexual assault
- Fears intimidation
- Cultural / religious backgrounds may create a barrier
Who is a witness?
Witnesses are people who have information about an alleged offence or offender. They may be an eyewitness, present at the event, or someone who can only provide peripheral information
What must you do when during an interview a witness becomes a suspect?
Adopt procedures for interviewing suspects. Comply with all legal requirements and record on video. If there is sufficient evidence to charge, the interviewee should be cautioned
Chief Justice practice note one states?
Police may ask questions of any person but they must not be compelled to answer
Chief Justice practice note two states
Before charging or questioning, caution must be given
Chief Justice practice note three states
Questioning may be persistent it must not amount to cross-examination
Chief Justice practice note four states
When a person is questioned about other evidence, the nature of the evidence must be fairly explained
Chief Justice practice note five states
Video recording should always be the preferred method and the interviewee must be given the chance to have the interview played back to them
The Bill of Rights Act 1990, Section 22 - Arbitrary detention
Arbitrary detention is when you arrest or detain a person and;
- You do not have a legislative power to
- The arrest or detention is unreasonable or unnecessary in this particular case, or while the initial detention was appropriate, the detention continued for an unnecessarily long time
Crimes Act powers of arrest come from what section?
Section 315(1) - Officer discovers offence committed
Section 315(2) - Good cause to suspect the offence is committed
Summary Offences Act powers of arrest come from what section?
Section 39 - Good cause to suspect
Land Transport Act powers of arrest come from what section?
Section 116(1) - Failure to comply with directions under Section 113 or Section 115
Section 120(1) - Suspect a driver has committed an offence under Sections 58-62 of the Land Transport Act 1998
Arms Act powers of arrest come from what section?
Section 40 - Person in possession of a firearm refuses/fails to give correct details
Domestic Violence Act powers of arrest come from what section?
Section 50 - Person suspected of breaching protection order
A special consideration witness may be described as ‘vulnerable’. Vulnerable means?
Susceptible, defenceless, in a weak position
When deciding whether to commence prosecution. What test needs to be applied?
The evidential test and the public interest test
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
The Bill of Rights Act 1990, Section 22 - Arbitrary detention
Arbitrary detention is when you arrest or detain a person and;
- You do not have a legislative power to
- The arrest or detention is unreasonable or unnecessary in this particular case, or while the initial detention was appropriate, the detention continued for an unnecessarily long time
Crimes Act powers of arrest come from what section?
Section 315(1) - Officer discovers offence committed
Section 315(2) - Good cause to suspect the offence is committed
Summary Offences Act powers of arrest come from what section?
Section 39 - Good cause to suspect
Land Transport Act powers of arrest come from what section?
Section 116(1) - Failure to comply with directions under Section 113 or Section 115
Section 120(1) - Suspect a driver has committed an offence under Sections 58-62 of the Land Transport Act 1998
Arms Act powers of arrest come from what section?
Section 40 - Person in possession of a firearm refuses/fails to give correct details
Domestic Violence Act powers of arrest come from what section?
Section 50 - Person suspected of breaching protection order
A special consideration witness may be described as ‘vulnerable’. Vulnerable means?
Susceptible, defenceless, in a weak position
When deciding whether to commence prosecution. What test needs to be applied?
The evidential test and the public interest test
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
