INV102

Question 1

Can you arrest a suspect for the purpose of interviewing them to gather information..

Answer 1

No

Question 2

Under sec. 24 of the BOR Act a person shall be released on reasonable terms and conditions unless there is just cause for detention..

Answer 2

A person charged with an offence and processed accordingly.

Question 3

Can police detain a person for questioning without lawful detention or arrest?

Answer 3

No

Question 4

Arbitrary detention as explained in R v Goodwin is

Answer 4

When words or conduct of an officer cause a person to believe that he or she is not free to go

Question 5

Does free recall include a challenge phase

Answer 5

No

Question 6

An interviewer can be persistent in questioning if the offenders statement is inconsistent or contradictory

Answer 6

True

Question 7

Under sec. 29 of the Evidence Act, oppression is defined as…

Answer 7

Threats, degrading treatment or violence to the defendant or any other person.

Question 8

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.

Answer 8

True

Question 9

As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant .

Answer 9

True

Question 10

What is the standard proof required for a judge to exclude a statement they believe was made by the defendant improperly?

Answer 10

Balance of probabilities.

Question 11

Defined by the Evidence Act a statement is limited to a written or verbal assertion by a person on any matter.

Answer 11

False

Question 12

What is the standard proof required for a judge to exclude a statement if they are satisfied it was influenced by oppression

Answer 12

Beyond reasonable doubt.

Question 13

Evidence is improperly obtained if it is..

Answer 13

Obtained unfairly and unlawfully

Question 14

What considerations will the judge make when deciding whether a statement was improperly obtained?

Answer 14

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.

Question 15

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

Answer 15

Promote the complainants recovery from the alleged offence.

Question 16

Representation refers to the behaviour of the interviewer who…

Answer 16

Promises a favour in return for a requested action

Question 17

A statement made by a defendant against a co-defendant is inadmissible.

Answer 17

True

Question 18

Informant nominates suspect and suspect agrees to interview to clear name.

Answer 18

Should he be given rights when he changed his mind…YES
Can he refuse DVD interview…YES
Should he be cautioned at start of interview…NO

Question 19

Young person

Answer 19

14-16

Question 20

A consideration the judge won’t make when offenders rights breached

Answer 20

Defendants conduct in instigating the breach

Question 21

Defendants stamens will be in admissible if

Answer 21

They are confused with rhetorical questioning
Influence of drugs/alcohol
Promised court outcome