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investigation finals 360 > Investigation Finals #2 > Flashcards

Investigation Finals #2 Flashcards

1
Q

Defines hearsay?

A

Information a person did not see, hear or otherwise perceive with their senses

i.e., second-hand information.

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2
Q

Why is hearsay usually excluded in court?

A

The truth of the statement cannot be tested unless the person who made the statement is called to give evidence and can be cross-examined.

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3
Q

List the HEARSAY EXCEPTIONS?
F
I
T
B
A
T
C
H

A

Exceptions to Hearsay

F - First hand hearsay, (maker unavailable)
Evidence Act s. 65

I - Identification of a person, place or thing
Evidence Act s. 66

T - Telecommunication and electronic records
Evidence Act s. 71

B - Business records
Evidence Act s. 69

A - Admissions
Evidence Act s. 81

T - Tags, labels and writing
Evidence Act s. 70

C - Contemporaneous notes about a person’s health
Evidence Acts. 66A

H - Hearsay for non-hearsay purposes
Evidence Act s. 60

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4
Q

Explain First hand hearsay?

A

Someone says something to you – if they die or are unavailable because it’s in your statement you can use it

Eg. A witness tells you they saw the accused stab the victim. Between the time of the offence and corut matter, the witness dies or has moved overseas and is no longer able to give the evidence themselves.
This exception allows the police officer who was told the information at the time to give the evidence

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5
Q

Explain Identified a person, place or thing?
(Hearsay exception)

A

Identified a person, place or thing
(taking a witness’s word for identifying person, place, thing) – explaining why you further investigated something

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6
Q

Explain Telecommunication and electronic records
(Hearsay exception)

A

If you need to grab records, evidence of text messages, you can use the telecommunication records as proof

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7
Q

Explain Business records?
(Hearsay exception)

A

Bank statements, telephone records, staff rosters (must be a type of record they always use not created)

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8
Q

Explain Admissions?
(Hearsay exception)

A

Hearsay (starts off not reliable) but in case of admissions (starts off as unfair) but as long as she has been cautioned and it is one of the exceptions it is okay)

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9
Q

Explain Tags, labels and writing?
(Hearsay exception)

A

Tags and Labels (assume that it is water in a water bottle)

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10
Q

Explain Contemporaneous notes about a person’s health?
(Hearsay exception)

A

A person saying that they have a headache

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11
Q

Explain Hearsay for non-hearsay purposes?

A

Explaining what a witness has said to justify further action

Eg. A witness may have provided information to police the accused person was dealing drugs and the police wasn’t there at the time and thus it is hearsay
However, if the police officer uses this information to justify searching the accused, then they can include that conversation in their statement. The officer is not including it to say it happened, only to show that it was said to the police officer, which then gave them reasonable grounds to search the accused.

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12
Q

What is Lay opinion?

A

A person can testify in the form of an opinion if the opinion is both rationally based on his/her perception, and helps to explain the witness’s testimony

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13
Q

What is expert opinion?

A

Person to give an opinion on a subject where they have a specialised knowledge by reason of “training, study or experience”, and on which the opinion is “wholly or substantially based on that knowledge”

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14
Q

What is a FACT Sheet?

A

A fact sheet is a document that the prosecutor presents to the court when an accused person enters a guilty plea to a criminal offence.

The fact sheet communicates to the court details of the police allegation and the elements of the offence

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15
Q

How is a FACT Sheet used?

A
  • A prosecutor will present the Facts Sheet to the court when an accused person enters a plea of guilty to a criminal offence or makes an application for bail

*The magistrate or other court officials with use the Facts Sheet to get an efficient overview of the case

*It is provided to the defence prior to court so that the accused person can consider whether to plead guilty or not guilty to the offence.

*To assist the court in making bail determinations

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16
Q

Structure of a FACT sheet?

A
  • Chronological narrative of an event recorded in the third person

*First-person conversation in relation to any admissions made by the accused

*Contains the accused person’s antecedents

*Focuses on the actions of the accused

*Does not include the person’s criminal history

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17
Q

Components of a FACTS sheet?

A
  1. KEY INGREDIENTS:
    Antecedents, Disclosure and elements
    of the offence/s
  2. ADDITIONAL INGREDIENTS:
    Type and volume of evidence,
    investigation procedures, admissions
    and your reasonable cause to suspect.
  3. PROCEDURAL INGREDIENTS:
    Co-offenders, victim/s, injuries,
    property/drug value, compensation,
    mental health issues, DNA, drug and
    other expert evidence
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18
Q

Why is the Antecedents included in the FACTS sheet?

A

*To provide the court with information on the accused person when a penalty (good behaviour bond, fine, custodial sentence) is being imposed

*It covers whether the accused is employed, for how long they have been employed, what they earn, whether married, if they have dependents, etc

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19
Q

What items are included in the FACTS sheet?

A

*Offender’s details: name, address, occupation, nationality, DOB, CNI number
*Offence/s details
*Arresting officer details
*Informant details
*Accepting Officer
*Court details
*Witnesses
*Bail details
*Antecedents
*Full facts

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20
Q

When is a fact sheet prepared?

A

Whenever criminal proceedings are instigated against a person by way of;

-Field court attendance notice
-Future service court attendance notice
-Arrest and bail CAN or no bail CAN

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21
Q

Who gets a copy of the fact sheets?

A

The defence / accused, prosecution and the court

22
Q

What are the three steps to a typical investigation?

A
  1. You attend a job
  2. You begin an investigation
    - Identify / preserve / collect evidence
    - Assess the evidence
    - Take action
  3. Court
23
Q

What is the three test rule when assessing evidence?

A

(PSP)

P - PRIMA FACIE: - Evidence covers all elements of the offence

S - SUFFICIENCY: - Evidence for reasonable prospect of conviction

P - PUBLIC INTEREST: - In the interest of the public to spend the courts time on this matter

24
Q

What are the three concepts of interviewing?

A

R - Record particulars

O - Obtain a statement

I - Interviewing a suspect

25
Q

What particulars do you record?

A

-Time, date, place
-Incident type
-Location of incident
-Victim / witness details
-Time of incident
-Description
-Value of any loss
-Any other relevant information

26
Q

When do you record ONLY particulars?

A
  1. Person may not have witnessed or has
    no relevant information
  2. The offence is minor in terms of
    seriousness
  3. No suspect can be identified
  4. The incident is not an offence
27
Q

Name two primary deciding factors when to take a statement?

A
  1. The offender is known to the victim, or
  2. The victim witnessed the incident and
    is able to provide a description of the
    offender who is unknown to them.
28
Q

What should a statement include?

A

A statement should include.

-Detailed event in chronological order as
witnessed

-Actual words spoken

-A description of relevant persons

-Any details of exhibits

-All evidence both exculpatory and
inculpatory

-Signature from the person making the
statement and a witness

29
Q

What must not be disclosed in a statement?

A

Addresses, date of birth and phone numbers

(Unless they are relevant parts of evidence)

30
Q

What is the interview process?

A
  1. Recording particulars
  2. Obtaining a statement
  3. Interviewing a suspect
31
Q

What must every statement contain?

A
  1. Specify the age of the person who
    made the statement
  2. Endorsement
  3. Signed by the maker of the statement
  4. Signed by a witness
32
Q

What are the alternatives to arrest?

A

Adult

  1. No action
  2. Warning / Caution
  3. Penalty notice
  4. Field court attendance notice (FCAN)
  5. Future service court attendance notice
    (FSCAN)

Child

  1. No action
  2. Warning
  3. Caution
  4. Youth justice conference
33
Q

What are the three distinct stages of the conversation model?

A
  1. Suspects agenda
  2. Police agenda
  3. Challenge
34
Q

What is the suspect agenda?
Stage one
(Conversation model)

A

The suspect is provided with an opportunity to respond to the allegation put to them. Any account offered by the suspect is accepted without challenge and recorded as it is given

If the suspect says nothing or indicates that they do not know what the interviewer is talking about, seek an account of their movements at the material time

35
Q

What is the Police agenda?
Stage two
(Conversation model)

A

The suspect is afforded the opportunity to offer an innocent explanation for the existence of evidence in the investigator’s possession, without the suspect being made aware of the existence or nature of this evidence

For example, a suspect whose fingerprint was found at the point of entry of a break, enter and steal offence at a clothing shop is questioned about any links they may have to the shop, for example, “Have you ever worked at the shop?”, “Have you ever visited the shop?”, “What areas in the shop did you visit?”

36
Q

What is the Challenge?
Stage three
(Conversation model)

A

The suspect is afforded a final opportunity to account for the discrepancies between the evidence in the possession of the investigator and the account given by the suspect

Challenge based upon the least compelling piece of evidence

For example,
Interviewer: “When I asked you earlier about your connection to the clothing shop, you said that you did not shop there, you had never worked there and had never been on the premises, is that correct?”
Suspect: “Yes”
Interviewer: “Well we have forensic evidence that places you inside the office area of that shop, what would you like to say about that?”

37
Q

Explain why police conduct interviews with victims, witnesses and suspects?

A

To gain the truth by: (GIF)

  1. GAIN Intel

  2. Establish IDENTITY of witness/victim
  3. Establish FACT from fiction
38
Q

Explain the four core skills of interviewing (PARQ)

A
  1. Planning and preparation (have - pen,
    right person, right place, right time)
  2. Active listening (nodding, eye contact,
    clarification)
  3. Rapport building (developed through
    engaging and explaining)
  4. Questioning(comprehensive note
    taking)
39
Q

How do you get reasonable suspicion?

A

Suspicion is more than a possibility and less than a belief

40
Q

What principle do you use to develop reasonable suspicion?

A

THIS Principal - don’t need to meet all, can be any.

Time and Location – that a time or location is known for certain offences (based on a trend)

History of a person, place or thing (through CNI check)

Intelligence on a person, place or thing (information obtained through intelligence reports or fresh information from members of the public)

Situation (purpose for which you are there and how you interpret what you see)

41
Q

What do we use to establish reasonable suspicion?

A

The Subjective / Objective test is as follows:

  1. ‘Subjective Test
    The ‘Subjective Test’ is taken from the point of the police officer involved in the incident.
  2. Objective Test
    The ‘Objective Test’, also known as the Reasonable Third Person Test, is about the opinion of a reasonable third person.
    So, in the context of an arrest, would a reasonable third person, armed with the same information that is held by the police officer, come to the same threshold position, i.e. suspicion? Would a reasonable third person (a person of sound mind) hold the same suspicion, that the suspect had committed an offence?
42
Q

What is the maximum investigation period?

A

*Maximum of 6 hours to investigate a
crime while holding a person under
arrest

*This time may be extended by a
detention warrant, but this must be
applied for through a magistrate

43
Q

How many detention warrants can you apply for?

A

Only extend once.

44
Q

What is the maximum time limit for a detention warrant?

A

Up to 6 hours additional investigation time

45
Q

When planning an interview there are 3 main criteria you need to consider, list them and provide an example of each

A

Purpose: (reason for which something is being done)
*To ascertain the truth about the matter under investigation

Aims: (desired outcome)
*To ascertain the extent of the witness’s knowledge of the matter being investigated

Objectives: (things being sought, specific goals to be achieved)
*Time, day and date of the incident
*If incident relates to property theft, last time it was seen, in what state of security.

46
Q

What is a Brief of Evidence?

A

A brief of evidence is a bundle of documents that contains administrative paperwork and evidence (inculpatory and exculpatory) collected during the investigation that you intend to present to the court.

47
Q

A Brief of Evidence usually contains at least the following;

A

Covering Sheet
Unavailable Dates
Contents List
Summary of Evidence
Court Attendance Notice
Facts Sheet
Statements
Exhibits/Photos
ERISP Transcript
Criminal/Traffic History

48
Q

What is the purpose of a Brief of Evidence?

A

The purpose of a brief of evidence is to provide the defence with all the evidence that is intended to be presented to the court.

This ensures fairness and compliance with our obligation to disclose all inculpatory and exculpatory evidence.

49
Q

What makes a good Brief of Evidence?

A
  1. Attention to detail
  2. Evidence
  3. Exhaustive
  4. Compliant
  5. Administrative
50
Q

What would you do with an unwilling participant?

A

*Use conversation management
*IPE / Caution / Allegation
*Suspect Agenda
*Police Agenda
*Challenge
*Closing Q’s

51
Q
A

investigation finals 360 (2 decks)

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