Last last Flashcards
Three type of ASAI complaint types?
Acute - Within 7 days
Non acute - 7 days to 6 months
Historic - 6 Months or longer
When can a previous consistent statement be admitted?
As rebuttal evidence only.
How far out must a prosecutor give the transcript to defence before a preliminary hearing or defended summary hearing?
At least 7 days.
What is the purpose of a preliminary interview?
Necessary for investigator to gain better understanding of incident and to determine:
- What further investigations are necessary
- Whether an offence has occurred
Whether the Victim wants to make a formal complaint.
Name three circumstances where Police would remove a child from a house hold?
- Serious wilful neglect
- Serious physical abuse
- Sexual assault
Section 195A, Crimes Act 1961?
Failure to protect a child or vulnerable adult.
What is necessary to prove criminal liability in failing to protect a child?
Offender must be 18 or over,
A member of the same household or have frequent contact with child such as an uncle who visits frequently or a hospital staff member where the child is being cared for,
And they must know the child or vulnerable adult is at risk of death, GBH or sexual assault
And fail to take reasonable steps to protect the victim from the risk. Eg. Fail to call Police or notify authorities.
Section 105(1)(a), Evidence Act 2006
What other ways can a witness give evidence?
- Screens
- DVD record
- CCTV from an appropriate place
Before attending a medical exam, what should you explain to a victim?
- The examination will be conducted by a medical forensic practitioner specially trained in examining victim of sexual assaults.
- The benefits of a full medical forensic examination including: Potential benefit to their physical, sexual and mental health
- How the examination can help Police obtain evidence to establish the identity of the offender.
- The expected time frame for the examination and, if appropriate, possible outcomes of the examination.
- Ask the Victim if they have any concerns about the gender of the practitioner and that you will do your best to accommodate their wishes.