Investigative Interviewing Flashcards
22 BOR
Everyone has a right to not be arbitrarily arrested or detained
23 BOR
Rights of arrested or detained:
- a) informed of reason
b) right to lawyer
c) have validity determined without delay by way of habeas corpus and to be released if not lawful - Right to be charged promptly or to be released
- Before court ASAP if charged
- Right to refrain from statement
- Treated with humanity and respect for the inherent dignity of person
24 BOR
Rights or person charged:
- promptly informed of nature and cause of charge
- released on reasonable t&c if continued detention
- right to lawyer
- right to adequate time and facilities to prepare a defence
- right to jury if 2+ yr imprisonment
- free legal assistance
- free assistance of interpreter if required
Chief Practice Notes 1
A member of the police investigating an offence may ask questions of any person from whom it is thought that useful info may be obtained whether or not that person is a suspect, but must not suggest that it is compulsory for a person to answer
LTA 113 is exception
Chief Practice Notes 2
Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever seek to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions.
Chief Practice Notes 3
Questions of a person in custody or in respect of whom there is sufficient to charge, must not amount to cross examination
Chief Practice Notes 4
Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained
Chief Practice Notes 5
Statement preferably be recorded by video recording unless impractical or if person declines to be recorded. Audio tape or writing is declined. Opportunity to review and correct errors. Offer them to sign written to confirm
When to repeat BOR
- advise before arrested or detained
- after lengthy interview break
- when interviewing on unrelated offence or offence circumstances change
Statement can be excluded due to unreliable or oppression if:
- physical, mental or psychological condition
- any disability
- nature of questions and circumstances of
- nature of any threat, promise or representation made to defendant
When benefit is cancelled
WTA after 28days, letter sent and 10 days to resolve.
57B social security act - if risk to public safety and after good police attempt, benefit stopped immediately. Requires:
- 3yrs+ charge or
- any MAF, assault child or s49 DV or
- LTA driving under influence
- breach a sentence imposed as result of above
- offender conduct
S & S 7
Entry without warrant to arrest person unlawfully at large
- believe there
- place or vehicle
S & S 8
Entry without warrant to arrest person suspected of having committed an offence
- place or vehicle
- suspect imprisonable offence committed
- believe there
- if delay person may leave or evidential material destroyed
S & S 9
Stopping a vehicle without warrant to arrest a person
- unlawfully at large
- committed imprisonable offence
S & S 10
Your powers and duties after vehicle stopped under 9
- person to give details if
- suspect U.A.L
- committee I.O
- vehicle for person
- for evidential material
S & S 83
Searching Place after arrest
- believe E.M
- delay and it will be C.A.D.D
S & S 84
Searching vehicle after arrest
- believe E.M in vehicle
S & S 131
N.A.M.E
S & S 88
Warrantless search of arrested or detained:
- believe have on them anything that may harm or facilitate escape or E.M relating to offence
S & S 125
Searching and seizing items worn or carried when arrested or detained
S & S 11
Searching people who are or are to be locked up
Reasonable force if necessary
Leading question
Means a question that directly or indirectly suggests a particular answer to the question
Evidence Act 27
Defendants statements offered by prosecution.
Admissible unless excluded as inadmissible under 28, 29 or 30
Evidence Act 28
Exclusion of unreliable statements in balance of probabilities
Evidence Act 29
Exclusion of statements influenced by oppression. Must be satisfied beyond reasonable doubt
Oppression
Abuse, violent, inhuman or degrading conduct towards, or treatment of, the defendant and or another person or a threat of such conduct
Evidence Act 30
Improperly obtained evidence in balance of probabilities
Evidence Act 103
Directions about alternative ways of giving evidence
Evidence Act 104
Chambers hearing before directions for alternative ways of giving evidence
Evidence Act 105
Alternative ways of giving evidence
CYFS Act 215-219
215 - CYP to be informed of rights before questioned
215A - rights to be explained on request
216 - explain rights to CYP who is to be charged
217 - rights to be explained to CYP who is arrested
218 - explanation in manner and language appropriate to age and level of understanding
219 - explainations not required of CYP already informed
CYFS Act 220 - 224
220 - other enactments requiring info or particulars not affected
221 - admissibility of CYP statements
222 - nominated persons
223 - spontaneous statements - when 221 does not apply
224 - reasonable compliance sufficient
CYFS Act 227-231
227 - right to consult lawyer if at enforcement agency for questioning
228 - as above for if at hospital
229 - parent or guardian to be informed when at enforcement agency
230 - evidence of communications during visit not admissible
231 - persons who may be nominated person
Propensity
Evidence that tends to show a persons propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved
Person can offer propensity about them self. If does, prosecutor can then use with judge permission.
Evidence Act 44
No questions on sexual experience of victims in sexual cases. Needs application to judge
Prosecution Guidelines
If satisfied sufficient evidence to provide a reasonable prospect of conviction, prosecutor next needs to consider whether in public interest
