Investigations

Question 1

What is Direct and Indirect Evidence?

Answer 1

Direct: Evidence directly proving guilt

Indirect: Circumstantial evidence when pieced together proves guilt

Question 2

What does ADVOKAT stand for ?

Answer 2

A- Amount of time under observation
D- Distance from the incident
V- Visibility at the time
O- Obstructions in view
K-Known or seen before
A- Any reason to notice
T- Time since observation

Question 3

What is a statement?

Answer 3

A statement is a written record of the information that a person can provide to a court.

Question 4

Suspect Agenda, Police Agenda and Challenge

Answer 4

Suspect agenda: The suspect is provided with an opportunity to respond to the allegation put to them.

Police agenda: This is where police can try achieve their desired outcome without challenging (trying to get them to admit).

Challenge: Suspects final opportunity to reveal the truth

Question 5

5 W & H Questions

Answer 5

Who
What
Where
When
Why
How

Question 6

What to include in a statement?

Answer 6

1. Endorsement
2. Age
3. Background/ events in chronological order

Question 7

What not to include in a statement?

Answer 7

Addresses
Emails
Phone numbers
Date of birth

Question 8

‘Forms and requirements for written statements’ can be found in what legislation?

Answer 8

Section 283B Criminal Procedure Act 1986

Question 9

What is hearsay evidence?

Answer 9

Hearsay evidence is information that comes from another person or source, by word of mouth rather than experience.

Question 10

8 Exceptions to Hearsay evidence. (FATBITCH)

Answer 10

F- First hand hearsay
A- Admissions
T- Tags and labels
B-Business records
I-Identification of person
T-Telephone communication
C- Contemporaneous notes on a persons health records
H- Hearsay for non-hearsay purposes

Question 11

What are the 6 closing questions?

Answer 11

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

Question 12

2 Types of Opinion Evidence

Answer 12

Lay opinion: Based on what the person saw, heard or perceived about an event
(S78 Evidence Act)

Expert opinion: Based on specialised knowledge
(S79 Evidence Act)

Question 13

What is the caution? Where is it found in legislation?

Answer 13

“I 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 will record what you say or do. I can use this recording in court. Do you understand that?

Section 139 Evidence Act 1995

Question 14

What is a focal point?

Answer 14

The main points which you can draw on to ask further questions

Question 15

‘Endorsement of written statements” can be found in what legislation?

Answer 15

Clause 9I Criminal Procedure Regulation 2017

Question 16

How much time do you have to investigate a crime while holding someone under arrest?

Answer 16

Police have up to a max of 6 hours, this may be extended by a detention warrant applied for through a magistrate.

Question 17

‘Signing of written statements by maker or another person on the maker’s behalf’ can be found in what legislation?

Answer 17

Clause 9K Criminal Procedure Regulation 2017

Question 18

What is a facts sheet?

Answer 18

Is a document presented to the courts with the allegations and elements of the offence

Question 19

ingredients of a facts sheet

Answer 19

1.Key ingredients
2.Additional ingredients
3.Procedural ingredients

Question 20

What is MSG?

Answer 20

Made at the time or soon after
signed when it was made
given to the accused a reasonable time before court

Question 21

What is the PEACE model? What does each letter stand for?

Answer 21

Provides a clear framework for conducting interviews.

P-Planning and preparation
E-Engage and explain
A-Account
C-Closure
E- Evaluation

Question 22

What is a Brief of evidence? list 3 things it contains

Answer 22

It is a method of presenting evidence to the court that you have gathered. The purpose is to establish the elements of the offence/s.

• Facts sheet, exhibits, statements, charge sheet

Question 23

When do you caution someone?

Answer 23

-Under arrest

-Reasonable grounds to suspect they’ve committed an offence

• They aren’t free to leave

Question 24

What is Inculpatory evidence?

Answer 24

Evidence that tends to incriminate (proves guilt)

e.g accused DNA found in a stolen card

Question 25

What is exculpatory evidence?

Answer 25

Evidence that tends to exonerate (proves innocence)

e.g evidence that the accused was somewhere other than the crime scene

Question 26

3 Types of evidence

Answer 26

Original - 5 senses of witnesses something
Real - Physical evidence
Documentary- CCTV, phone records

Question 27

3 Concepts that determine the admissibility of evidence

Answer 27

Relevant
Reliable
Fair

Question 28

Where is the endorsement found?

Answer 28

Clause 9I Criminal Procedure Regulation 2017

Question 29

What is reasonable grounds?

Answer 29

Reasonable grounds means that your belief about something is based on more than a feeling or suspicion

test of a reasonable 3rd person

Question 30

4 Core skills of interviewing

Answer 30

Planning and preparation
Active listening
Rapport building
Questioning

Question 30

What is reasonable suspicion?

Answer 30

Less than a reasonable belief but more than a possibility