PPP-150 INVESTIGATIONS Flashcards
What are two main categories of evidence, explain them?
Inculpatory Evidence: tends to incriminate
Example: Accused DNA found in the stolen car.
Exculpatory Evidence: tends to exonerate.
Example: Evidence of alibi from a witness stating the accused was somewhere other than the crime scene at the time of the offence.
What is Hearsay (Evidence)?
Hearsay most often involves information a witness/suspect (police or civilian) knows because they were told about it by someone else. It is information the witness did not perceive first-hand with their own senses. Their knowledge of the information comes from another person or another source and is therefore second-hand and less reliable than the information the person who perceived it firsthand can give.
What are the Exceptions to Hearsay?
(F.A.T.B.I.T.C.H)
- First-hand hearsay where the maker is
unavailable (section 65) - Admissions
- Tags and labels
- Business records
- Identity of a person, place, or thing
- Telecommunications records
- Contemporaneous statements about a person’s health
- Hearsay for a non-hearsay purpose
What are the 5 W’s and a H?
- What?
- Who?
- Where?
- When?
- Why?
- How?
What is A.D.V.O.K.A.T?
A - Amount of time under observation
D - Distance from the incident/person when observing
V – Visibility
O – Obstruction to line of sight
K – Known or seen before?
A – Any reason to notice?
T – Time elapsed
What is reasonable suspicion?
Suspicion is more than a possibility and less than a belief:
1. Knowledge
2. Belief
3. Suspicion
4. Possibility
What are two tests police must consider before making a decision?
- Subjective Test
The ‘Subjective Test’ is taken from the point of the police officer involved in the incident. - Objective Test
The ‘Objective Test’, also known as the Reasonable Third Person Test, is about the opinion of a reasonable third person.
What skill do we use when taking a statement?
Focal points
What are the 3 different types of evidence?
- Original
(Oral Testimonies & Observations) - Real (Physical)
(physical evidence found at the scene of a crime or used in the commission of the offence.) - Documentary (Hardcopy & Electronics)
(CCTV footage, Phone recordings that show a breach of an avo, Bank records, types interviews, telephone records)
What are the 6 Closing Questions?
- 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 recorded in this notebook interview
- Will you now read aloud my record of our conversation
- Is it a correct record of our conversation
- Will you now sign this interview as a correct record of our conversation
What is the T.E.D.S acronym?
Talk to me
Explain to me
Describe to me
Show me
What is the difference between indirect & direct evidence?
Direct: is facts that support the truth of an assertion.
Example: Witness testimony identifying the accused as being the one seen stealing the car.
Indirect: are acts that support the drawing of inference as to the truth of an assertion.
Example: CCTV footage showing the accused running from the area where the stolen car was subsequently abandoned by the thief.
What is MSG?
M - Made soon after the event
S - Signed by maker and witness
G - Given to the accused and legal representatives at a reasonable time before the hearing
State the official CAUTION
I am going to ask you some questions in relation to…
You do not have to say or do anything if you do not
want to. Do you understand that? I/We will record what
you say or do. I/We can use this recording in court. Do
you understand that?
State the Endorsement
This statement made by me accurately sets out the
evidence that I would be prepared, if necessary, to give
in court as a witness. The statement is true to the best
of my knowledge and belief and I make it knowing that,
if it is tendered in evidence, I will be liable to
prosecution if I have wilfully stated in it anything that I
know to be false or do not believe to be true.
What is the P.E.A.C.E model?
Plan & Prepare
Engage & Explain
Account
Closure
Evaluation
What are the elements for goods in custody?
- has any thing in his or her custody,
- has any thing in the custody of another person,
- has any thing in or on-premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or
- gives custody of any thing to a person who is not lawfully entitled to possession of the thing, which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained
What the 5 elements for Assault?
1.The accused
2. Assaulted
3. Intentionally or recklessly
4. Without lawful excuse
5. A person
What are the 4 elements for Break & Enter?
What are the 4 elements for Break & Enter?
What is ABH & GBH (explain them)
ABH:Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. (Bruising, redness, swelling)
GBH: Grievous bodily harm is described in section 4 of the Crimes Act (1900)
Any permanent or serious disfiguring of a person. (Stabbing, breaking bones, shooting)
What are the 4 elements for receiving?
- the accused
- receives, disposes of, or attempts to dispose of stolen property
- the stealing amounts to a serious indictable offence (SIO)
- the accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it
What is the THIS principle?
T - Time & Location
H - History of a person, place or thing
I - Intelligence on a person person place or thing
S - Situation
(We use it to build reasonable suspicion)
When do we use the THIS principle?
To build reasonable suspicion
When do we use A.D.V.O.K.A.T
In the account phase of the PEACE model
What are the two types of interviewing?
Cognitive - Used for willing participants (Witness/Victim)
Coversational Management - Used on unwilling participants (POI)
What is the model used for interviewing?
- Suspect Agenda
- Police Agenda
- Challenge
What are 4 core skills of interviewing?
- Plan and prepare
- Active listening
- Rapport building
- Questioning
What are the 4 types of interviewing?
- Casual Interview
- Formal Interview
- Electronically recorded interview (ERISP for suspects)
- Notebook Interview
What are Interview plans?
- Recording Particulars
- Obtain Statement
- Interviewing offender
What must the statements contain?
- Questions & Answers
- Age of person making statement
- Endorsement
- Chronological Account of events
- Person must understand the endorsement
- Must be signed by witness
What information should not be disclosed of the victim in the statement?
- D.O.B
- PH NUMBER
- HOME ADDRESS
What is DOLI INCAPAX?
Not criminally liable from the age of 10 - 14
Whats a Table 1 offence?
- More Than $5,000
- GBH
- Possess child abuse material
- Robbery
- Larceny over 5K
- Damage property over 5K
Whats is a Table 2 offence?
- Less than $5,000
- ABH
- Possess firearm in public place
- Record intimate image without consent
- Larceny under -5K
damage to property under -5k
What is the statue of limitations for summary matters?
6 Months
2 Years for graffiti
What does evidence need to be, to be admissible (Reliable) in court ?
- Relevant, Reliable and fair
What is a Lay opinion and an expert opinion?
Lay opinion - A reasonable third person opinion (Example they describe a persons appearance, Age, weight, height, complexion)
Expert Opion - A proffesional in a certain feild to assist with a case or analysis. (Example, Doctor, Mechanic, or Builder)
