Investigations Final

Question 1

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

(MSG)

Answer 1

(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.

Question 2

What are the 6 interview Closing Questions? (FFTRCS)

• ___________________________________________?
• ___________________________________________?
• ___________________________________________?
• ___________________________________________?
• ___________________________________________?
• ___________________________________________?

(

Answer 2

(FFTRCS)

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 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?

Question 3

Explain hearsay in a legal context

Answer 3

• Hearsay is information a person did not see, hear or perceive with their own senses. It is second hand information. It is often gathered by word of mouth rather than own experience. Due to this it is often considered unreliable and is not admissible.

Question 4

Explain the exclusionary rules of evidence with respect to hearsay

Answer 4

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

Question 5

Components of a Facts Sheet

Answer 5

1. Key ingredients:
   - Antecedents
   - The disclosure of offences
2. Additional ingredients:
   - Information about witnesses
   - Identification methods
   - Forensic evidence
   - Investigation procedures
   - Admissions
   - Suspicion
3. Procedural ingredients:
   - Co-offenders
   - Victim
   - Injuries
   - Property / drug value
   - Compensation
   - Mental health issues
   - DNA
   - Drug and other expert evidence