INV102 Flashcards
Can you arrest a suspect for the purpose of interviewing them to gather information..
No
Under sec. 24 of the BOR Act a person shall be released on reasonable terms and conditions unless there is just cause for detention..
A person charged with an offence and processed accordingly.
Can police detain a person for questioning without lawful detention or arrest?
No
Arbitrary detention as explained in R v Goodwin is
When words or conduct of an officer cause a person to believe that he or she is not free to go
Does free recall include a challenge phase
No
An interviewer can be persistent in questioning if the offenders statement is inconsistent or contradictory
True
Under sec. 29 of the Evidence Act, oppression is defined as…
Threats, degrading treatment or violence to the defendant or any other person.
A Judge must exclude a statement if they are satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected its reliability.
True
As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant .
True
What is the standard proof required for a judge to exclude a statement they believe was made by the defendant improperly?
Balance of probabilities.
Defined by the Evidence Act a statement is limited to a written or verbal assertion by a person on any matter.
False
What is the standard proof required for a judge to exclude a statement if they are satisfied it was influenced by oppression
Beyond reasonable doubt.
Evidence is improperly obtained if it is..
Obtained unfairly and unlawfully
What considerations will the judge make when deciding whether a statement was improperly obtained?
The important of any right breached and the seriousness of the intrusion on it. Also, whether the impropriety was necessary to avoid physical danger to the police or others.
Under sec. 103 of the evidence act, when a judge is deciding whether to accept an application for witness to give evidence in an alternative way, they must have regard to
Promote the complainants recovery from the alleged offence.
