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.