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Investigation Finals 360 > Investigation Finals #1 > Flashcards

Investigation Finals #1 Flashcards

1
Q

Legislation for the official caution

A

Evidence Act 1995 s139

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2
Q

When do you caution someone?

A

-When a person is placed under arrest

-When police believe there is sufficient evidence to establish a person has committed an offence and you intend to question them about that offence

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3
Q

Legislation for Endorsement?

A

Criminal Procedures Regulation 2017 cl 9l

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4
Q

Endorsement - word for word?

A

“This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief, and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true”.

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5
Q

What does the Endorsement mean in simple terms?

A

The statement must be true and must contain no lies. If you lie you are liable to prosecution. This statement can be used as evidence in court.

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6
Q

How do you explain the endorsement to someone who doesn’t understand it?

A
  1. Explain it in plain English
  2. Use a translator
  3. Ask them to repeat it in their own words
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7
Q

Legal requirement for the endorsement?

A

Must be contained in:

*Witness statements
*Police statements

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8
Q

What does a police statement need to be in order to be read out in court?

(MSG)

A

(MSG)

M - Made at the time or soon after the event

S - Signed when it was made by the Police officer

G - Given to the accused person or their legal representation a reasonable time prior to the hearing.

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9
Q

What is evidence?

A

Information that tends to prove or disprove a fact in issue

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10
Q

What is Direct Evidence?

Give an example?

A

These are facts that support the truth of an assertion.

Example: witness testimony identifying the accused as being the one seen stealing the car

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11
Q

What is Indirect (Circumstantial) Evidence?

Give an example?

A

These are acts that support the drawing of inference as to the truth of an assertion

Example: CCTV footage showing the accused running from the area where the stolen car was subsequently abandoned by the thief

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12
Q

What does Inculpatory Evidence do?

Give an example?

A

Tends to incriminate

Example: accused DNA found in the stolen car

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13
Q

What does Exculpatory Evidence do?

Give an example?

A

Tends to exonerate

Example: evidence of alibi from a witness stating the accused was somewhere other than the crime scene at the time of the offence.

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14
Q

What are the three types of evidence?

A
  1. Original
  2. Real
  3. Documentary
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15
Q

Example of Original evidence?

A
  1. An oral testimony given by an eye-
    witness describing a person
    running from a scene, that either
    proves or disproves the accused
    was in the vicinity at the time
  2. Observations of hearing an
    explosion at a house fire
  3. Smelling petrol at the house fire
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16
Q

Example of Real evidence?

A

Physical evidence found at the scene of a crime or used in the commission of the offence

Examples:
-A knife used in a robbery
-DNA
-Fingerprints

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17
Q

Example of Documentary evidence?

A

Hard copy, electronic and audio recordings

-CCTV footage
-Typed interviews
-Bank records
-Telephone records

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18
Q

There are three concepts that will determine the admissibility of evidence in court?

A
  1. Relevance – evidence that is
    relevant to the case in
    question
    If evidence is not relevant,
    the court will not bother to
    assess its reliability or
    fairness.
  2. Reliability – a measure of
    accuracy
  3. Fair - The evidence gathered
    legally and proper means
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19
Q

What is ADVOKAT?

A

It is a list of questions asked by the interviewer, to test the reliability of the eyewitness identification

It ensures the evidence is:

Relevant
Reliable Fair
Admissible.

20
Q

A in ADVOKAT

A

A – Amount of time under observation

21
Q

D in ADVOKAT

A

Distance from the incident/person when observing

22
Q

V in ADVOKAT

A

Visibility

23
Q

O in ADVOKAT

A

Obstruction to line of sight

24
Q

K in ADVOKAT

A

Known or seen before

25
Q

A in ADVOKAT

A

Any reason to notice

26
Q

T in ADVOKAT

A

Time Elapsed

27
Q

What are the six closing questions?

A
  1. Is there anything further you wish
    to say about this matter?
  2. Have the answers you have given
    to my questions been made of
    your own free will?
  3. Has any threat, promise or offer
    of advantage been held out to you
    to give the answers as in this
    notebook interview?
  4. Will you now read aloud my
    record of our conversation?
  5. Is this interview a correct record
    of our conversation?
  6. Will you now sign this interview as
    a correct record of our
    conversation?
28
Q

Why do we ask closing questions?

A

To assist in showing the fair process of the interview

29
Q

Where does the legislation for closing questions come from?

A

Evidence Act 1995 (NSW) s 84, s85, s86

30
Q

When do we ask closing questions?

A

Once the interview has concluded

31
Q

Probing the topic/focal point.
Why do we use them?

A

To probe a witness account and get greater depth / detail

32
Q

Probing the topic/focal point.
What are they?

A

Who? What? Where? When? Why? How? Tell me.., Explain… Describe…

33
Q

Why do we get someone to read our notebook out loud after taking their account of events / statement?

A
  1. So we know what we have written
    down is an accurate account in
    their own words
  2. So we know the person can speak
    & understand English
  3. To show the interview process is done fairly
34
Q

Certain times relating to persons in custody are to be disregarded when calculating an investigation period.

List timeouts that can occur?

A

Time that is required to:

  1. Convey the person from the place where the person is arrested to the nearest premises where facilities are available for conducting investigative procedures
  2. Waiting for individuals with specialised knowledge or skills for the investigation
  3. Allow the person to receive medical attention
  4. Allow the person to consult with a friend, relative, guardian, legal practitioner, etc.
  5. Allow the person to
    *Rest
    *Receive refreshments
    *Access to toilets
  6. Recover from the effects of intoxication due to alcohol or another drug
  7. Waiting for an interview room available
  8. Carry out a forensic procedure on the person
  9. Arrange an Interpreter
  10. Identification parade to be arranged and conducted
35
Q

When does the time start?

A

Fromwhen the arrest is made

36
Q

Who do we use the peace model on?

A

Willing and cooperative participants:
-Victims
-Witnesses
-Suspects

Unwilling and uncooperative participants:
-Suspects
-Some witnesses and victims

37
Q

Why do you use closed questions?

A

-Obtaining short, factual answers on specific points, particularly when the interviewer is probing for detail and clarity

-Use sparingly in the early stages of an interview

-Often used in relation to legal issues

-Used when the interviewer is seeking a specific response (e.g. did you give permission for anyone to enter your property? No.)

38
Q

The four core skills of interviewing are?

A
  1. Preparation and planning
  2. Rapport building
  3. Questioning
  4. Active listening
39
Q

What are the advantages of open questions?

A

Obtain more information than you would by using a closed question.

40
Q

What are the 5 steps of the peace model?

A
  1. Plan and Prepare
  2. Engage and Explain
  3. Account
  4. Closure
  5. Evaluation
41
Q

Peace Model:
Explain Plan and Prepare ?

A

Background info
Planning the interview
Legal considerations
Admin Arrangements

42
Q

Peace Model:
Explain Engage and Explain?

A

Engage -
*treat as individual
*understand them

Explain
*reason for interview
*interview procedures
*interview format
*implications of making a statment (endorsement)

43
Q

Peace Model:
Explain Account?

A

Cognitive interview (willing)
-What happened
-Focal points
-Probe (5WH and TEDS)
-Closed and Open Q’s
-ADVOKATE

Conversation Management (unwilling)
-IPE/Caution/Allegation
-Suspect Agenda
-Police Agenda
-Challenge
-Closing Q’s

44
Q

Peace Model:
Explain Closure?

A

-Thanks
-Customer Service
-Update
-Contact

45
Q

Peace Model:
Explain Evaluation?

A

-Where could you improve
-What went well?
-What information has been obtained
-Is investigation complete?
-Anything you still need to do?
-Whether any action needs to be taken

46
Q

What would be the best open question to commence a police interview?

A

T - Tell me…

E - Explain to me…

D - Describe to me…

S - Show me…

Investigation Finals 360 (2 decks)

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