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ADPP Session 1 & 2 > Investigations > Flashcards

Investigations Flashcards

This Deck covers what you need to know for your investigations exam.

1
Q

What is the aim of a police statement?

A

A formal way to provide a truthful, accurate and chronological account of police observations and actions.

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2
Q

What are the three ingredients or components of a fact sheet?

A
  1. KEY INGREDIENTS: - Antecedents, disclosure and elements of the offence
  2. ADDITIONAL INGREDIENTS: - Type and volume of evidence, investigation procedures, admissions and your reasonable cause to suspect.
  3. PROCEDURAL INGREDIENTS: - Co-offenders, victims, injuries, property / drug value, compensation, expert evidence.
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3
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
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4
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
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5
Q

What is the three test rule when assessing evidence?

PSP

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

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6
Q

What are the three concepts of interviewing?

ROI

A

R - Record particulars

O - Obtain a statement

I - Interviewing a suspect

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7
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
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8
Q

What is Section 283B of the Criminal Procedures Act 1986?

A

Criminal Procedures Act, Section 283B

Form and requirement for written statements

  • Must include endorsement and age
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9
Q

When do you record ONLY particulars?

A
  • Person may not have witnessed or has no relevant information
  • The offence is minor in terms of seriousness
  • No suspect can be identified
  • The incident is not an offence
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10
Q

What is a statement?

A

A statement is

  • A written account of events / information that a person usually a witness/ victim can provide to court
  • Required to comply with rules of evidence
  • Required to be of the highest standard
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11
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.

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12
Q

What must not be disclosed in a statement?

A
  • Addresses, date of birth and phone numbers

(Unless they are relevant parts of evidence)

(Criminal Procedure Regulation 2017, Cause 9j (1) and (5))

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13
Q

What does Clause 9k of the Criminal Procedure Regulation stipulate must be completed in a statement?

A
  • A written statement must not only be signed by the person making the statement but also a witness
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14
Q

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

(MSG)

A

(MSG)

The statement must be MSG

M - Made at the time or soon after the event

S - Signed when it was made

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

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15
Q

When should you caution a person?

A
  • You should caution on arrest or when you have reasonable cause to suspect they have committed an offence
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16
Q

What are the alternatives to arrest?

A

Adult

  • No action
  • Warning / Caution
  • Penalty notice
  • Field court attendance notice (FCAN)
  • Future service court attendance notice (FSCAN)

Child

  • No action
  • Warning
  • Caution
  • Youth justice conference
17
Q

Explain the difference between an eyewitness and a non-eyewitness?

A

Eyewitness is a person who witnessed the offence

Non-eyewitness is a person who has relevant information that assists the investigation, however, they did not witness any part of the offence.

18
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
19
Q

Explain the fact sheet structure

A
  • The fact sheet is in chronological order outlining the events in third person
  • First-person conversation in relation to any admissions
  • Includes the antecedents
  • The antecedents does not include criminal history
  • The focus is on the actions of the accused
20
Q

What is a fact sheet used for?

A

A fact sheet is used to inform the court of information they need to know when sentencing.

  • Assists the court in making bail determinations
21
Q

When is a fact sheet prepared?

A
  • Whenever criminal proceedings are instigated against a person by way of;
  1. Field court attendance notice
  2. Future service court attendance notice
  3. Arrest and bail CAN or no bail CAN
22
Q

Who gets a copy of the fact sheets?

A

Who gets a copy of the fact sheet

  • The defence / accused, prosecution and the court
23
Q

The Antecedents is?

A
  • The Antecedent is the accused reliant personal circumstances. This will include the accused employment, income, whether they are married, if they have dependants.

(It never includes the accused criminal history)

24
Q

What are the five steps to conflict management?

A
  1. Ask
  2. Set context
  3. Set options
  4. Confirm
  5. Action
25
Q

What is Section 6 of the Police Act?

A

Police Act, Section 6

Missions and functions of the NSW Police Force

  • Keeping the peace is codified here.
26
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?
27
Q

What are the three distinct stages of the conversation model?

A
  • Suspects agenda
  • Police agenda
  • Challenge
28
Q

Define “The rule of law”

A

The rule of law is an overarching principle which insures that we are governed by laws.

It requires that we have laws that are followed and enforced.

29
Q

What principal 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)

30
Q

Explain why police conduct interviews with victims, witnesses and suspects
(GIF)

A

To gain the truth by: (GIF)

  • GAIN Intel

  • Establish IDENTITY of witness/victim
  • Establish FACT from fiction
31
Q

Explain the four core skills of interviewing (PARQ)

A
  • Planning and preparation (have - pen, right person, right place, right time)
  • Active listening (nodding, eye contact, clarification)
  • Rapport building (developed through engaging and explaining)
  • Questioning(comprehensive note taking)
32
Q

Explain the evidentiary requirements for the tendering of ‘Opinion’ and ‘Expert’ evidence

A

s. 76 EA - Opinion Rule
* Generally witnesses may not express an opinion or draw inferences. Exceptions to the opinion rule are:

s. 78 EA - Lay opinion
* The opinion is based on what the person saw, heard or otherwise perceived about a matter or event.

s. 79 EA - Expert Opinion
* Specialised knowledge based on the person’s training, study or experience.

33
Q

Exceptions to Hearsay

A

Exceptions to Hearsay

F - First hand hearsay, person unavailable s. 65 EA
A - Admissions s. 81 EA

T - Tags, labels and writing s. 70 EA
B - Business records s. 69 EA
I - Identification of a person, place or thing s. 66 EA
T - Telecommunication and electronic records s. 71 EA
C - Contemporaneous notes about a person’s health s. 66A EA
H - Hearsay for non-hearsay purposes s. 60 EA

ADPP Session 1 & 2 (19 decks)

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