Module 10 Flashcards
What do you need to identify when collecting evidence?
- Is it Relevant? Reliable and Fair?
2. Original, Real and Documentary evidence.
What is the three test rule to assess evidence?
i. Prima Facie – Evidence remains that still covers all the elements
ii. Sufficiency – Enough evidence remains to form a reasonable prospect of conviction.
iii. Public Interest – Is it in the interest of the public to spend the courts time on this matter.
Define ‘Recording Particulars’?
the process of using PEACE (in an informal manner) to interview a person to collect sufficient information to create an incident on COPS.
Define ‘Obtaining a statement’?
the process of using PEACE to interview a person (usually with a witness/victim) to collect evidence to assist with your investigation and in presenting that information in the form of a statement (contained in a Brief of Evidence) to the defence.
Define ‘Interviewing a suspect’?
the process of using PEACE (in a formal manner) to interview a person (usually a suspect) to collect evidence to assist your investigation and present that information in the form of a record of interview (electronic or otherwise) to the court.
When would you just obtain particulars when investigating?
From the information provided by victim/witness, it appears that you have no avenues of investigation, so you decide not to obtain a statement. e.g No witnesses, no sufficient evidence, Did not see suspect.
When would you obtain a statement?
When there is sufficient evidence for investigation.
What should you put into your notebook when recording particulars with a non-eyewitness/victim?
- Time, Date, Place, Incident type.
- Victim Particulars
- Location of incident
- Dates and time incident took place
- Vehicle Description
- Value
- Other relevant information
What must be included in a written statement to satisfy Criminal Procedure Act 1986 (NSW), Section 283B?
(Witness interviews)
Basically what should be at the beginning of a written statement.
- Must specify the age. (Never date of birth)
- Must be Endorsed. (e.g This statement made by me accurately…)
- Must be written in a language of which the person giving the statement has a reasonable understanding of the endorsement.
- If endorsement is in a language other than English, must contain a translation of the endorsement annexed to the statement. (just to confirm the endorsement is correct.)
What are the requirements for Criminal Procedure Regulation 2017 (NSW), Clause 9I? (Long one but remember the Law and what it is in a nutshell)
(1) For the purposes of section 283B (3) of the Act, a written statement must be endorsed as follows— (this statement made by me accurately sets out…)
(2) In the case of a person who is under the age of 18 years, or an adult who is apparently of appreciably below average intelligence, it is sufficient if the endorsement includes—
(a) words to the effect that the statement is true, or
(b) words to the effect that the statement contains no lies.
(3) A written statement that is in a language other than English and has a document purporting to contain an English translation of the statement or part annexed to it in accordance with section 283B (5) of the Act must also have annexed to it a certificate by the translator stating his or her qualifications and certifying that the translation is a correct translation of the document.
Criminal Procedure Regulation 2017 (NSW), Clause 9J (1) and (5)
(WILL BE EXAMINED ON THIS)
(In a nutshell, it is about what you shouldn’t add to the written statement when giving it to the accused. UNLESS if it materially relevant to the offence. e.g it took place at the address)
9J Addresses, dates of birth and phone numbers not to be disclosed on written statements:
(1) A copy of a written statement served on an accused person must not disclose the address, date of birth or telephone number of the person who made the statement or of any other living person, unless—
(a) the address, date of birth or telephone number is a materially relevant part of the evidence, or
(b) a Magistrate makes an order permitting the disclosure in the statement.
(5) An address, date of birth or telephone number that must not be disclosed may, without reference to the person who made the written statement, be deleted from the statement, or rendered illegible, before the statement is served on the accused person.
What does Criminal Procedure Regulation 2017 (NSW), Clause 9K entail?
(1) A written statement must be signed by the person who made the statement.
(2) If the person is unable to sign the written statement, the statement may be signed by another person with the consent of and in the presence of the person who made the statement.
(3) The other person must sign an endorsement on the statement to the effect that the person signed the statement on behalf of, with the consent of and in the presence of the person who made the statement.
(4) A written statement must also be signed, as a witness, by a person who witnessed the signing of the statement by the person who made the statement or by another person signing on the maker’s behalf (if applicable).
What is an eye witness?
is a person who has witnessed the offence.
Examples:
1. Victim of assault
2. A security guard who witnessed an assault
3. Owner of a mailbox who witnessed an offender damage the mailbox.
What is a non-eyewitness?
non-eyewitness is a person who has relevant information that assists the investigation (for example, proof of an element/s). However, they did not witness any part of the offence taking place.
e. g
1. A taxi driver who drove offender home after an assault
2. Hospital staff who treated a victim’s injuries
3. Owner of a mailbox who did not witness the damage occur (commonly called an ownership statement).
What purpose does the Non-eyewitness interviews bring to court?
In such cases, the witness interview will seek to establish the factual elements of the offence rather than assisting the witness to recall an event. Once the factual elements of the offence have been established from the witness, they can be recorded in the form of a written statement.
