Investigations Flashcards
What is Direct and Indirect Evidence?
Direct: Evidence directly proving guilt
Indirect: Circumstantial evidence when pieced together proves guilt
What does ADVOKAT stand for ?
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
What is a statement?
A statement is a written record of the information that a person can provide to a court.
Suspect Agenda, Police Agenda and Challenge
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
5 W & H Questions
Who
What
Where
When
Why
How
What to include in a statement?
- Endorsement
- Age
- Background/ events in chronological order
What not to include in a statement?
Addresses
Emails
Phone numbers
Date of birth
‘Forms and requirements for written statements’ can be found in what legislation?
Section 283B Criminal Procedure Act 1986
What is hearsay evidence?
Hearsay evidence is information that comes from another person or source, by word of mouth rather than experience.
8 Exceptions to Hearsay evidence. (FATBITCH)
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
What are the 6 closing questions?
- Is there anything further you wish to say?
- Have the answers to my questions been made of your own free will?
- Has any threat, promise or offer of advantage been held out to you during this conversation?
- Will you now read aloud my record of our conversation?
- Is it a correct record of our conversation?
- Will you now sign my notebook as a correct record of our conversation?
2 Types of Opinion Evidence
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)
What is the caution? Where is it found in legislation?
“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
What is a focal point?
The main points which you can draw on to ask further questions
‘Endorsement of written statements” can be found in what legislation?
Clause 9I Criminal Procedure Regulation 2017
How much time do you have to investigate a crime while holding someone under arrest?
Police have up to a max of 6 hours, this may be extended by a detention warrant applied for through a magistrate.
‘Signing of written statements by maker or another person on the maker’s behalf’ can be found in what legislation?
Clause 9K Criminal Procedure Regulation 2017
What is a facts sheet?
Is a document presented to the courts with the allegations and elements of the offence
ingredients of a facts sheet
1.Key ingredients
2.Additional ingredients
3.Procedural ingredients
What is MSG?
Made at the time or soon after
signed when it was made
given to the accused a reasonable time before court
What is the PEACE model? What does each letter stand for?
Provides a clear framework for conducting interviews.
P-Planning and preparation
E-Engage and explain
A-Account
C-Closure
E- Evaluation
What is a Brief of evidence? list 3 things it contains
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
When do you caution someone?
-Under arrest
-Reasonable grounds to suspect they’ve committed an offence
- They aren’t free to leave
What is Inculpatory evidence?
Evidence that tends to incriminate (proves guilt)
e.g accused DNA found in a stolen card
What is exculpatory evidence?
Evidence that tends to exonerate (proves innocence)
e.g evidence that the accused was somewhere other than the crime scene
3 Types of evidence
Original - 5 senses of witnesses something
Real - Physical evidence
Documentary- CCTV, phone records
3 Concepts that determine the admissibility of evidence
Relevant
Reliable
Fair
Where is the endorsement found?
Clause 9I Criminal Procedure Regulation 2017
What is reasonable grounds?
Reasonable grounds means that your belief about something is based on more than a feeling or suspicion
test of a reasonable 3rd person
4 Core skills of interviewing
Planning and preparation
Active listening
Rapport building
Questioning
What is reasonable suspicion?
Less than a reasonable belief but more than a possibility
