Must Know Flashcards
What is the 3 test rule in relation to commencing legal proceedings?
1) Prima Facie
2) Sufficiency test
3) Public Interest
What is the 3 test rule?
1) Prima Facie
2) Sufficiency test
3) Public Interest
The are options for the police to commence legal proceedings?
1) no formal action
2) warning
3) cautions
4) penalty notices
5) FCANs
6) FSCANs
7) arrest and charge (Bail CANs)
What is an arrest?
When the officer plainly conveys with words or action that a suspect is not free to leave.
Taking away a persons liberty.
What is the PANIC acronym in relation to vulnerable people?
1) Physically impaired
2) Aboriginal or Torres straight islander
3) Non-English speaker
4) Intellectually impaired
5) children
The four processes when dealing with evidence are?
1) Identify
2) Preserve
3) Collect
4) Produce
What does each letter of the TEDS acronym stand for?
1) Tell me
2) Explain to me
3) Describe to me
4) Show me
What does each letter of the PEACE acronym mean?
1) Preperation and planning
2) Engage and explain
3) Account
4) Closure
5) Evaluation
What are the two ways to interview someone during the Account stage of PEACE?
1) Cognitive interviewing (for Willing participants during the interviewing process)
2) Conversation management (used for less willing participants)
What documents may the charge folder include?
1) Covering sheet
2) CAN (FSCAN, FCAN or Bail CAN)
3) Defendant service copy
4) Facts sheets
5) Criminal and or traffic records of the defendant
6) Unavailable dates of all witnesses including police
7) Any bail papers
What is the offical caution wording?
Iam/we are going to ask you some questions in relation to…. You do not have to say or do anything you do not want to, do you understand that?… I/we will record what you say or do I/we can use this recoding in court. Do you understands that?
What are the two components of a fact sheet?
1) Antecedents
2) Body of Facts
What should the body of facts include?
1) The first relevant offence
2) Chronological account of the acts relevant to the offence.
3) What happened to the victim?
4) What did the police do?
5) Extra details the magistrate/Judge may need to assist in sentencing.
What does the acronym IPE mean?
1) Inform the power of use and why
2) Provide name and place of duty
3) Evidence you are a police officer
What must paragraph 1 of a police statement b.
It must start with the Endorsement
What does S 283B of the Criminal Procedure Act 1986 outline and say?
It outlines the form and requirements of written statements.
1) A written statement may be in the form of of questions and answers
2) A written statement must specify the age of the maker
3) A written statement must be endorsed
4) A written statement or such and endorsement on a statement must be written in a language that the maker can understand
5) If the written statement or a part of the written statement is in another language a English translation must be supplied
What does Paragraph two of a police statement contain.
The age of the maker.
What does paragraph three of a police statement contain?
It’s a record of the material you used to refresh your memory (police notebook, CAD, Mobipol, Body worn video and COPs entries
What does paragraph 4 of a police statement contain?
Outline the duties you were preforming at the time. Additionally contain the fact that you were in police uniform and wearing a Body Worn Video.
What does paragraph 5 of a police statement contain?
Outline how you came to attend the job.
What is a brief of evidence?
A brief of evidence is a collection of documents that have been obtained throughout an investigation which provides the evidence that is likely to be adduced during the relevant court hearing.
All evidence must contained in a brief of evidence must be:
1) Relevant
2) Reliable
3) Fair
What is the purpose of a brief of evidence?
To provide the defence with all the evidence that is intended to be presented to the court by the prosecution.
A brief of evidence should
1) Establish the elements of the offences.
2) Negate possible defences.
3) Identify the accused as the offender.
