Investigations Flashcards
This Deck covers what you need to know for your investigations exam.
What is the aim of a police statement?
A formal way to provide a truthful, accurate and chronological account of police observations and actions.
What are the three ingredients or components of a fact sheet?
- KEY INGREDIENTS: - Antecedents, disclosure and elements of the offence
- ADDITIONAL INGREDIENTS: - Type and volume of evidence, investigation procedures, admissions and your reasonable cause to suspect.
- PROCEDURAL INGREDIENTS: - Co-offenders, victims, injuries, property / drug value, compensation, expert evidence.
What should a statement include?
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
what are the three steps to a typical investigation?
- You attend a job
- You begin an investigation
- Identify / preserve / collect evidence
- Assess the evidence
- Take action - Court
What is the three test rule when assessing evidence?
PSP
(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
What are the three concepts of interviewing?
ROI
R - Record particulars
O - Obtain a statement
I - Interviewing a suspect
What particulars do you record?
- Time, date, place
- Incident type
- Location of incident
- Victim / witness details
- Time of incident
- Description
- Value of any loss
- Any other relevant information
What is Section 283B of the Criminal Procedures Act 1986?
Criminal Procedures Act, Section 283B
Form and requirement for written statements
- Must include endorsement and age
When do you record ONLY particulars?
- 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
What is a statement?
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
Name two primary deciding factors when to take a statement?
- 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.
What must not be disclosed in a statement?
- Addresses, date of birth and phone numbers
(Unless they are relevant parts of evidence)
(Criminal Procedure Regulation 2017, Cause 9j (1) and (5))
What does Clause 9k of the Criminal Procedure Regulation stipulate must be completed in a statement?
- A written statement must not only be signed by the person making the statement but also a witness
What does a police statement need to be in order to be read out in court?
(MSG)
(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.
When should you caution a person?
- You should caution on arrest or when you have reasonable cause to suspect they have committed an offence
What are the alternatives to arrest?
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
Explain the difference between an eyewitness and a non-eyewitness?
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.
What is a fact sheet?
- 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
Explain the fact sheet structure
- 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
What is a fact sheet used for?
A fact sheet is used to inform the court of information they need to know when sentencing.
- Assists the court in making bail determinations
When is a fact sheet prepared?
- 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
Who gets a copy of the fact sheets?
Who gets a copy of the fact sheet
- The defence / accused, prosecution and the court
The Antecedents is?
- 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)
What are the five steps to conflict management?
- Ask
- Set context
- Set options
- Confirm
- Action
