Investigations Flashcards
Inculpatory & Exculpatory Evidence
Inculpatory Evidence – tends to incriminate e.g. accused DNA found in stolen car
Exculpatory Evidence – tends to exonerate e.g. evidence of alibi from a witness
stating the accused was somewhere other than the crime scene at the time of the
offence.
Reasonable Suspicion (THIS)
Reasonable suspicion: Less than a belief, more than a possibility. Based on a reasonable third person.
T – Time, date and place
H – History of the person and location
I – Intelligence available (must be current)
S – Situation in which the interaction is taking place
Reasonable Grounds
- The test is both subjective and objective
- Did the police have suspicion (Subjective)
- Would a reasonable person, armed only with the information the police officer had at the time, have held that suspicion (Objective test)
PEACE Principle
- Planning and preparation: Background information, Planning the interview, Legal considerations, administrative arrangements.
- Engage & explain: Treat them as an individual, understand them, Reason for interview, interview format/procedure, implication of making statement.
- Account – Interviewee version: Obtain account, expand on the account, identify topics, probe topics, review.
- Closure: Compile a written statement, ask if any questions
- Evaluation: What information obtained, any further action, further enquiries, self-reflection.
TEDS
- Tell me
- Explain to me
- Describe to me
- Show me
5W&H
Who? What? When? Where? Why? How?
Hearsay Evidence and Exceptions (FITBATCH)
Hearsay: Opinion gathered by word of mouth rather than in writing or by experience
Exceptions:
* First-hand hearsay where maker is not available (S.65)
* Identity of a person, place or thing (S.66)
* Telecommunications (S.71)
* Business records (S.69)
* Admissions (S.81)
* Tags and labels (S.70)
* Contemporaneous statements about a person’s health (S.66A)
* Hearsay for non-hearsay purpose (S.60)
Opinion Evidence
Lay Opinion: S78: Evidence through life experience, rationally based on his or her perception.
Expert opinion: S79: Someone who has a trained background in certain areas e.g. Doctor
Caution
When do you caution someone:
- Arrest s139
- Sufficient evidence for questioning
I/We am going to ask you some questions in relation to…….
You do not have to say or do anything if you do not want to. Do you understand that?
I/We will record what you say or do. I/We can use this recording in court. Do you
understand that?
Statements
Paragraph 1 – Endorsement
Paragraph 2 – The AGE of the person making the statement
Paragraph 3 – Background
S.9J: Addresses, DOB and phone numbers are not to be disclosed on written statements
Clause 9k: Statement be signed by witness
Clause 9k(I) statement to be signed by maker
Clause 9I: wording of endorsement
S. 283B: Statement to include age (P2) and endorsement (P1)
Fact sheet
A facts sheet is a chronological narrative of an event recorded in third person, it can include admissions and conversation in relation. It contains a persons antecedents (personal circumstances) which helps assist with a suitable penalty. A facts sheet is focused upon accused actions not police.
Closing questions
- Is there anything further you wish to say about the matter?
- Have the answers you have given to my questions been made of your own free will?
- Has any threat, promise or offer of advantage been held out to you to give the answers as recorded in this notebook interview?
- Will you now read aloud my record of our conversation?
- Is this interview a correct record of our conversation?
- Will you now sign this interview as a correct record of our conversation?
Police agenda
Police Agenda:
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
Suspect agenda + Challenge
Suspect Agenda:
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
Challenge:
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
MSG
M – Made at the time or soon after the event
S – Signed statement when it was made
G – Copy of the statement has to be given to the accused person or legal
representative (the defence) at least 21 days before court
ADVOKAT
Amount of time under observation -
How long did the witness observe the person for?
Distance from the incident/person when observing -
How far from the person was the witness? Include all distances at key points
of the incident i.e. closest point, furthest point
Visibility -
What was the visibility at the time? Was it daylight or dark? Were there street
lights? Was it foggy?
Obstruction to line of sight -
Was anything obstructing the witness’s view? If so, to what extent?
Known or seen before -
Does the witness know or have they ever seen the person before?
Any reason to notice
-
Was there any particular reason the witness has for remembering the suspect
or event?
Time elapsed -
How much time was there between the witness observing the person and
their subsequent identification of that person to the police?
Four core skills of interviewing (PARQ)
- Planning and preparation
- Active listening
- Rapport building
- Questioning
Endorsement
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 for prosecution if I have wilfully stated in it anything I know to be false or
do not believe to be true.
The Endorsement means that the statement made is true and contains no lies. If it
contains false or misleading information, you will be accountable to prosecution.
Admissibility of Evidence
- Relevance
- Reliable
- Fair
Types of evidence
- Original – oral testimony of a witness
- Real – physical evidence
- Documentary – hard copy, electronic and audio records
Direct-
is facts that support the truth of an assertion.
Example: Witness testimony identifying the accused as being the one seen stealing the car.
Indirect-
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.
Elements/BOE Evidence
Elements are essential to establish that the offence was committed. Each MUST be proven (supported by evidence) beyond a reasonable doubt. If all elements are not in place then an offence HAS NOT committed.
BOE is a method of presenting evidence to a court.
PRIMA FACIE: The court determines that upon initial examination, there is sufficient evidence to proceed to trial or judgment
Focal Points & Questions
- Focal points are topics within a statement/account that need to be probed into, identify the focal point and use 5W&H and TEDS to expand on them.
