Investigating Interviewing

Question 1

What does PEACE stand for

Answer 1

PEACE model of Investigative Interviewing 
P - Planning and Preparation
E - Engage and Explain
A - Account
C - Conclusion
E - Evaluation

Question 2

What is the cognitive approach for interviewing?

Answer 2

Interviewee asked to think back and mentally relive event initially with minimal interference, then asked to recall event again in a different chronological order.

VICTIM ACCOUNT

Question 3

What is conversation management?

Answer 3

Interviewee asked to recall what happened, then the interviewer subdivides the account into a number of individual parts which are enquires about in turn for further details. Interviewees agenda (their account), then police agenda (topics raised by interviewee, relevant topic to assist police investigation, presentation of evidence or exhibits.

SUSPECT INTERVIEW

Question 4

What is rapport?

Answer 4

Rapport is a close and harmonious relationship in which the people or groups concerned understand each other’s feelings or ideas and communicate well.

Question 5

How to establish rapport?

Answer 5

Shake hands
Outline interview plans
Present in a professional manner

Recognise what the witness / victim might be feeling
Active listening
Maintain attention

Question 6

What is the purpose of an ERISP interview?

Answer 6

• Accurate record of the interview
• Deters unfair interview
• Deters accusations from suspect regarding interview and admissions.

Question 7

How should notebook admissions be recorded?

Answer 7

• Record conversation/admission in notebook at scene ASAP
• Have the accused read notebook aloud, and have them sign to attest the accuracy and correctness of the recording.
• OIC and corroborater to sign as witness.

Question 8

What is section 114 of LEPRA?

Answer 8

Detention after arrest for purposes of investigation

Time limits to be adhere to, necessary extension warrants to be obtained.

1. Offence committed PRIOR to first arrest (Must have investigation time deducted)
2. Offence committed AFTER first arrest (time starts again)

Question 9

What is 115 LEPRA?

Answer 9

Investigation Period (period begins upon arrest and ends at a time that is reasonable having regard to all the circumstances

Maximum investigation time is 6 hours.

Question 10

What is Section 116 LEPRA

Answer 10

• Offenders age, physical and mental capacity
• Presence of the person necessary for the investigation
• Willingness to participate in any interview
• Time of arrival for investigating police (not specialist)
• Time for interview room to become available
• Number of persons to be interviewed
• Need for police to visit scene / other place connected with investigation
• Time person in company pre and post arrest
• Time to complete any searches or other investigative procedures reasonably necessary
• Time to carry out any necessary activity for proper conduct of investigation

Question 11

What is 117 LEPRA?

Answer 11

Section 117 LEPRA - Time Outs

• Convey time to the nearest facilities for conducting investigative procedures
• Police with particular knowledge or skills necessary for the investigation,
• ERISP recording facilities to become available
• Waiting time (Friend, support person, solicitor)
• Consulting time
• Medical treatment
• Interpreter
• Arrange and conduct an identification parade
• Rest and Refreshment breaks
• Recovery time (Intoxication)
• Warrants (Preparation, making and disposing) Detention, Search, Crime Scene
• Charging procedures
• Forensic

Question 12

What is 122 LEPRA

Answer 12

Role of Custody Manager in cautioning/explaining rights

Question 13

What is 123 LEPRA?

Answer 13

Right to communicate with Friend and or lawyer

Question 14

What is 124 LEPRA?

Answer 14

Right of Foreign nationals to communicate with their consulate.

Question 15

Can a custody manager delay rights?

Answer 15

Rights can be delayed when a custody manager believes:

• An accomplice will avoid arrest.
• Evidence will be concealed, lost, fabricated, destroyed, witnesses interfered with.
• Recovery of person or property will be hindered
• Bodily injury will be caused to another

Question 16

What is Section 13(1)(a) Child Criminal Procedures Act relate to?

Answer 16

Admission to certain statements

A statement, confession, admission made to a member of the police force by a child shall party criminal proceedings shall not be admitted in evidence unless;

A) there was present at the place where, and throughout the period of time during which, it was made or given;

I) a person responsible for the child

Ii) an adult (other than a member of the police force) who was present with the consent of the person responsible for the child.

IIi) In the case of a child who is of or above the age of 14 years - an adult (other than a member of the police force) who was present with the consent of the child, or

I’ve) an Australian Legal Practitioner of the child’s own choosing

Question 17

What is HUYNH findings???

Answer 17

R V PHUNG & HUYNH
The case involved a 17 year old boy being charged with murder. He participated in two Records of Interview. The trial judge found that there had been a delay in contacting a support person, the support person was not present during the forensic procedure, the accused was given no opportunity to make representations as to the detention warrant, the police selected a support person without ascertaining the wishes of the young person, no legal practitioner had been contacted, the support person selected by police was relatively immature, the police failed to allow the young person to speak privately to the support person, limited sleep, the young person displayed signs of fatigue and drug withdrawal and no evidence that the young person had been properly advised of his rights

Question 18

What is official questioning?

Answer 18

Official questioning means questioning by an investigating officer in connection with the investigation of the commission or possible commission of an offence.

Question 19

What were the finding of R V SCHIAVINI

Answer 19

The Court of Criminal Appeal stated in R v Schiavini (1999) 108 A Crim R 161 that police should explain alternative methods of recording to be sure that the suspect really did refuse to have the interview tape recorded. The Court said, “ It is conceivable that a person being interviewed may be prepared to be interviewed by way of audio recording but not by way of video recording.”

It is the offence being dealt with by the court that determines whether or not s.281 applies. The offence for which the accused was being interviewed at the time of making the admission is irrelevant.

Question 20

What were the finding of R V Palmer?

Answer 20

It is not permissible to bolster the complainants credibility with the argument that there is no apparent reason for the complainant to have lied.

Question 21

What is Easterbroook Hypothesis?

Answer 21

Highly aroused witnesses have better memory for central details than peripheral details. Those who pay attention to details are less likely to pay attention to the culprits face.

Question 22

What is section 7(2)(d) Surveillance Devices Act?

Answer 22

the use of a listening device to record a refusal to consent to the recording of an interview by a member of the NSW Police Force in connection with the commission of an offence by a person suspected of having committed the offence,

Question 23

How to remove an Inducement?

Answer 23

• First speak to the suspect and find our what was said? WHAT
• Who said it? WHO
• When it was was said? WHEN
• Who else was present.
• Ensure it was not acting on the mind of the suspect.
• How did it affect him and what questions were influenced.

Question 24

What is the role of a solicitor?

Answer 24

Provide legal advice to their client

Request clarity when the questions are unclear and ambiguous.

Challenge an improper question

Object to the manner in which the question was asked

Object to questions which are not relevant to the offence under investigation.

Question 25

What cant a Legal Representative do?

Answer 25

Answer questions on behalf of the suspect.

Provide written replies for the suspect to quote.

Question 26

What were the findings from Watkins 1989?

Answer 26

A confession may be disallowed if the solicitor is ejected from the interview room.

Question 27

What is a special caution?

Answer 27

I am going to ask you some questions about . . . . . You do not have to say or do anything. Anything you say or do may be used in evidence against you. It may harm your defense if you fail or refuse to mention something that you later seek to rely on in court. Do you understand that?

STILL NEED ORDINARY CAUTION

Question 28

In relation to special caution, is there anyone from whom an unfavorable inference can not be drawn?

Answer 28

Yes. The act makes it clear that an unfavorable inference can not be drawn in relation to the defendant who at the time of questioning is

• Under the age of 18.
• Incapable of understanding the general nature and effect of a special caution.

Question 29

What questions should you use to introduce an interpreter?

Answer 29

The following opening questions and format are suggested as a guideline:

Q. This is …, an interpreter in the … language from the Community Relations Commission. Do you understand that?

Q. During this interview the interpreter will translate my questions from the English language into the… language and your answers from the … language into the English language. Do you understand that?

Q. When you answer and your answer may be lengthy please pause every now and then so … can fully translate into English what you have said. When he has translated what you have said to that point, would you then continue with your answer?

Q. [If applicable] I understand that you understand some English, however, to ensure both you and I understand fully everything that is said please allow … to translate my questions from English into the…. language before you answer. Do you understand that?

Question 30

What is section 84 Evidence Act?

Answer 30

Influenced by violence

An admission is not an admission unless the court is satisfied it has not been obtained as result of violent, oppressive, inhuman or degrading conduct.

Question 31

What is Section 85 Evidence Act

Answer 31

Unreliable admission

An admission is not admissible if it is obtained in circumstances where the truth of the admission has been adversely affected.

Question 32

What is section 86 Evidence Act

Answer 32

Exclusion of records of oral questioning if not adopted by the defendant.

Question 33

What is Section 90 Evidence Act

Answer 33

Court may refuse to admit evidence or admission it adduced by the prosecution having regard to the circumstances in which the admission was made, it would be unfair to a defendant to use the evidence.

Question 34

What is section135 Evidence Act.

Answer 34

General discretion to exclude evidence. If probative value outweighed by danger that it is unfairly prejudicial, misleading or confusing.

Question 35

What is section138 Evidence Act?

Answer 35

Evidence that was obtained improperly of in contravention of an Australian Law.

Question 36

When to use an interpreter ?

Answer 36

Is unable to communicate in English

Has limited understanding of English

is more comfortable communicating in their own language.

Is deaf, hearing impaired or speaking impaired.

Is a child and the appropriate adult or support person requires and interpreter.

Question 37

What considerations should be made in relation to Walk-throughs?

Answer 37

• Conducted after an ERISP.
• The Seriousness of the offence.
• What purpose will it serve.
• What do you hope to achieve.
• Will benefits outweighs the costs.
• Decision to ‘walk through’ some individuals but not others.
• May creat inconsistencies in the account? Lapse of time since the incident?
• Inconsistentencies in the account (when examined against a previous account)BBBBBBBBBBBBBBBBBB
• Unfairness to the accused.
• Security of the accused.
• Public space vs private space (may need a crime scene warrant) eg shutting down Pitt Street.
• Media Intrusion.
• Will attendance at the scene allow the witness/accused to reconstruct scene.
• Video operations unit -

Question 38

What are indicators whether someone has impaired intellectual functioning?

Answer 38

• Has difficulty understanding questions and instructions
• Respond inappropriately or inconsistently to questions
• Has a short attention span
• Receives a disability support pension.
• Resides at a group home or institution, or is employed at a sheltered workshop.
• Is undertaking education, or has been educated at a special school or in special education at a mainstream school.
• Has an inability to understand the caution.

Question 39

What is an inducement?

Answer 39

A thing that persuades or leads someone to do something.Q

Question 40

Section 281 Criminal Procedure Act

Answer 40

(1) Applies to an admission:
(a) made by an accused person who, 
at the time when the admission was made, 
was or could reasonably have been suspected by an investigating official of having committed an offence, and
(b) In the course of official questioning, and
(c) Strictly Indictable, and Table 1 Offences

(2) Evidence of an admission to which this section applies is not admissible unless:
(a) There is available to the court:
(i) A tape recording made by an investigating official of the interview in the course of which the admission was made, or
(ii) if the prosecution establishes that there was a reasonable excuse as to why a tape recording could not be made. (Admissions at a scene must be electronically adopted)
(b) the prosecution establishes that there was a reasonable excuse as to why a tape recording referred to in paragraph (a) could not be made.

Question 41

What is a cognitive impairment?

Answer 41

Total or partial loss of persons mental functioning
Disorder or malfunction that results in learning differently
Disorder, illness or disease that affects the persons thought processes, perception of reality, emotions or judgement, or results in disturbed behaviour.