Q and A Flashcards

1
Q

Because deleted images can very easily be recovered from digital cameras, the guidelines direct?

A

Digital cameras are assigned to a named position or employee.

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2
Q

The correct method to collect a dry blood sample at a crime scene is to?

A

Dampen swab with sterile water then gently rub the blood

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3
Q

Section 103 of the Evidence Act 2006 recognises the rights of a special consideration witness by?

A

Providing opportunity for their evidence in chief to be given to the court in an alternative way

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4
Q

Elimination samples are?

A

Taken from people who had legitimate contact with the scene or exhibit.

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5
Q

You arrive at a house after a neighbour reported hearing screaming and crying from the property. The neighbour says the noise stopped after she saw a man leaving the property in a car. The neighbour is very concerned for the woman who lives there. Can you enter the house without warrant?

A

Yes, as you have RGTS there is a woman inside the house who may require an emergency response

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6
Q

In applying the evidential test you must determine if there is a reasonable prospect of conviction through examining the?

A

Sufficiency of the admissible evidence

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7
Q

What are the aims of case management discussions?

A

To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial

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8
Q

Can a person charged with Male assaults Female (section a94(b) Crimes Act 1961), a category 3 offence, elect a jury trial?

A

Yes

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9
Q

Ensuring the continuity of the ‘Chain of evidence’ is maintained refers to the specific duties of the?

A

Exhibit officer

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10
Q

Pursuant to Section 19 S & S Act 2012, which of the following statutes authorises the search of persons during the execution of a search warrant?

A

Misuse of Drugs Act 1975

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11
Q

Which of the following scenarios could be an example of evidence that has been improperly obtained - during an interview between a new immigrant and the interviewer..

A

Does not ensure the suspect really understands his rights

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12
Q

John, a well-known criminal, threatens to punch Jim in the head with a knuckleduster and then walks off down the road. Jason witnesses the incident. You locate John in the next street. You can search him because?

A

You have RGTS John has committed an offence against s202A(4)(a) of the Crimes Act 1961

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13
Q

You are dispatched to a P1 event where a man who is on work release from a psychiatric institution has just threatened his neighbour with a small hand gun. On arrival you find the man sitting in his car in his driveway. Can you search without warrant for the gun?

A

Yes, you can search the man, his car, anything in his possession and his property.

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14
Q

Which of the following tasks is the responsibility of the exhibits officer at a serious crimes scene?

A

Managing the receipt, control and storage of all exhibits

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15
Q

Are pre-trial admissibility hearings available before both a judge-alone and jury trials ?

A

No

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16
Q

Who is responsible for filing formal statements?

A

The Prosecutor

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17
Q

Steve and Keith are walking down the road together.
Steve is wearing an All Whites football jersey.
Henry wants the football jersey so walks up to Keith, punches him in the face, and yells at Steve to give up his jersey otherwise he will punch him again.
Steve fearing that Keith might be hurt takes off his jersey and gives it to Henry.
What offence has Henry committed?

A

‘Robbery’ as Henry used violence and stolen property.

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18
Q

An authorised SW is usually valid for?

A

14 days

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19
Q

If your file has been sent back because you have been tasked with completing remedial work before case management discussions, what is the latest time that the file needs to be with the PPS office?

A

Five working days before the case management discussion

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20
Q

What must happen before a Judge can require a plea to be entered?

A

Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice

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21
Q

If no Police Bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?

A

No more than 14 days from the date bail was granted

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22
Q

The judge must exclude a defendant’s statement if they are satisfied that the statement was improperly obtained.

What is the standard of proof required?

A

Balance of probabilities

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23
Q

What of the following scenarios could be an example of an interview record that has been improperly obtained? When the suspect…

A

Repeatedly asks for a lawyer but the interview continues without one

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24
Q

Victim Impact Statements are required?

A

In every case involving an identifiable victim

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25
Q

According to the Investigative interviewing doctrine which of the following statements about probing questions is correct?

A

An interviewer should avoid asking probing questions beginning with why

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26
Q

Under the Crown Law Prosecution Guidelines 2010: When the admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must?

A

Apply the public interest test to determine if a prosecution is required

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27
Q

You are executing a search warrant and locate a cellphone referred to on the warrant. You observe the cellphone is turned on. What action should you take to uplift it as an exhibit?

A

Leave it switched on, uplift and contact HTCG for advice

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28
Q

Johnny Smith is served with a summons to appear in Court in 2 months’ time. The Charging Document has not yet been filed. When must the Charging Document be filed?

A

As soon as reasonably practicable after the service of the summons

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29
Q

Harry and ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts”, and swings the bottle at Ben’s head. Ben ducks and the bottle shatters against the bar wall. The most appropriate charge in relation to Harry’s actions is?

A

‘assault with intent to injure’ because Harry intended to injure Ben with the bottle

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30
Q

For any investigation you should aim to collect?

A

The maximum amount of material and examine for its use

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31
Q

Who is responsible for ascertaining the victim’s views on bail of a person accused on a Section 29 offence?

A

Police must ascertain the victim’s views and ensure the court is informed of those view

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32
Q

Male A dances with Female B, who is wearing a blue Jersey, and he gets blue fibres on his top. Later on that night Male A dances with Female C and some of the blue fibres are transferred to her shirt. Which of the following is an example of primary transfer?

A

Male A and Female B

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33
Q

On speaking with a youth apprehended at the scene of an attempted robbery you note he has very poor English. On requesting his name and address and beginning to caution him you note he does not seem to understand you. In the circumstances, what action is most appropriate?

A

Give him the rights caution with reasonable diligence to gain his understanding

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34
Q

CADD stands for?

A

Concealed, altered, damaged, destroyed

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35
Q

Gary (16) is to be interviewed about his part in a serious assault and he is insisting his uncle be his nominated person. On preparing for the interview you note that his uncle is also identified as a witness at the scene. In these circumstances you should?

A

Conduct the witness interview to determine if the uncle is suitable for the role of nominated person

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36
Q

If a witness becomes a suspect during, then the interviewer should?

A

Caution, shift procedures for interviewing suspects and ensure the interview is visually recorded

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37
Q

Your prompt initial action at a serious crime scene has led to the apprehension of a male acting suspiciously close by. You should?

A

Consider conducting a preliminary interview

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38
Q

An immediate statement taken in circumstances where you believe the victim may die?

A

May be admissible if is not signed

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39
Q

Think about the definition of a crime scene and select the situation most likely to lead to cross contamination?

A

When the scene equipment is re-used without cleaning

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40
Q

Which statement best describes hypotheses and why you might use them?

A

Hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry

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41
Q

Doug and Colin have no money so decide to hide in the bushes and wait for a pedestrian to go by so they can steal that person’s cash. As a pedestrian approaches Doug changes his mind and takes off. Colin hits the pedestrian and searches his pockets. He finds no money but takes an MP3 player instead. Colin is liable for which of the following?

A

‘Robbery’ as he has used violence on the pedestrian and stolen the MP3 player.

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42
Q

You have a search warrant to enter and search a flat belonging to a woman who you have RGTB has a stolen an iPod and other small electronic items. When you arrive, the woman and her two flatmates are at the address. You detain them under s118 (Powers of detention incidental to powers to search places and vehicles). Can you search the woman and the flatmates under s119? (Powers of search by person who has power of arrest)

A

Yes, as s119 permits a search of anyone found at the place when you have RGTB the evidential material will be found

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43
Q

Which words best describes the Appreciation technique?

A

A four step problem solving process that informs decision making

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44
Q

When taking digital images of a crime scene yourself, you must start an audit trail recording the details of the images in your notebook. What details must be recorded?

A

Date, time and location

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45
Q

Your completed SW application must show clear connection between?

O,A,E.M

A

The offence, the target address and evidential material sought there

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46
Q

Although a judge may exclude an interview based on unreliability, this does not exclude the interview being offered as evidence of the?

A

Defendant’s physical or mental condition

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47
Q

Shane visits his neighbour Brian and an argument develops between the two over the red t-shirt that Brian is wearing. Shane hits Brian in the face with a hammer causing Brian to permanently lose the sight in his eye. When interviewed Shane states that he only meant to hurt Brian and did not intend to make him blind. Can Shane claim that he acted in self-defence?

A

No, there was no force or imminent force from Brian to be resisted or prevented and Shane’s response was not reasonable in the circumstances

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48
Q

Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike from the boot of the vehicle. As they run down the driveway they are confronted by the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and Joe and Steve run away. What is the most appropriate assault offence?

A

Aggravated assault (section 192 Crimes Act 1961)

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49
Q

The first priority for staff arriving at the scene of a serious crime is?

A

The safety of the attending officers

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50
Q

When do you caution a youth?

A

Before asking any questions intended to obtain an admission

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51
Q

In relation to an offence of ‘aggravated robbery’ the ingredient of “being together with any other person or persons” means?

A

Must be physically present at the robbery and taking an active part

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52
Q

What are the sequential steps of the Appreciation technique?

A.F.C.O.P

A

Aim, factors, course open, plan

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53
Q

You search a person for cannabis under s21 of the S & S Act 2012. What statutory requirement (if any) do you have to fulfil after the search?

A

Submit a notification to the Commissioner within three days

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54
Q

After issuing a summons you then decide not to commence a prosecution. What must you do next?

A

Take all reasonable steps to advise the defendant that there will be no prosecution, prior to the date summonsed

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55
Q

If you have RGTB that a person may hinder you when you are securing a place to be searched, s116 allows you to exclude the person from the place you are searching and?

A

Give that person any reasonable direction

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56
Q

Your prompt initial action at a serious crime scene has led to the apprehension of a male nearby who is acting suspiciously. During a preliminary interview with him you should?

A

Make a notebook entry of his details and his demeanour

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57
Q

Sandra is 18 yo and has a reputation for being a fighter. Aroha is sitting at the bus stop when Sandra comes up and tells Aroha that she likes the jacket she is wearing. Aroha knows that Sandra was involved in a fight last week so takes off her jacket, gives it to Sandra and then runs away. What offence has Sandra committed?

A

No offence

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58
Q

An exhibits envelope should be securely packaged by?

A

Tape sealing all edges and signing across the tape

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59
Q

Which of the following scenarios does constitute a robbery?

A

Knocking the victim to the ground whilst grabbing a cash bag/their property

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60
Q

When making a reconstruction of a crime scene you must remember to?

A

Revise your reconstruction as new facts are obtained

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61
Q

Constable Jenkins and Tuigamala respond to a P1 home invasion where the victim says the offender has entered and exited through the door into the backyard and absconded over the fence into the neighbouring property. To protect the collection of forensic evidence you cordon the scene and establish a common entry pathway via?

A

The front door through which the constables entered.

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62
Q

When conducting a suspect interview at the police station you are informed that a lawyer has arrived saying she is to act for the suspect and asking to see him. The suspect has given you no indication that he wishes to speak with a lawyer. What action should you take?

A

Tell the suspect the lawyer is at the station to see him and act on the suspect’s wishes.

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63
Q

Duty of care requires you to protect the arrested or detained person?

A

From the time you arrest or detain the person until you transfer them into someone else’s custody and your transfer is acknowledged

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64
Q

When applying the evidential test you must consider if there is sufficient admissible evidence to?

A

Provide a reasonable prospect of conviction

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65
Q

Care must be taken when placing stepping plates in the hot zone because they?

A

May conceal or change evidence in the scene

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66
Q

John and Harry attend the same party. John dislikes Harry as he now goes out with Harry’s ex-girlfriend. John approaches Harry. Forms a fist and says, “Leave now or you will get this fist in your face.” Harry quickly leaves and you investigate the incident. Which of the following statements is true?

A

This is an offence of ‘assault’ as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence

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67
Q

Which of the following is not the responsibility of an exhibits officer?

A

Establish the relevance of the exhibit to the enquiry

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68
Q

Police are responsible for informing a victim of a s29 sexual offence that?

A

They have rights in legislation that protects their privacy throughout the court proceedings and reporting

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69
Q

In relation to opposing bail for a person charged with a s29 offence Police must?

A

Make all reasonable efforts to ensure that the court is informed of the victim’s views on bail

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70
Q

Tessa and Jean want Lisa’s MP3 player. Tessa is aware that Jean has a knife and is prepared to use it when they confront Lisa. Jean brandishes the knife and threatens to stab Lisa unless she gives her the MP3 player. Lisa is scared but doesn’t want to hand over the MP3 player so gives Jean some money instead. Which of the following is correct in relation to the “being armed with an offensive weapon” ingredient of ‘aggravated robbery’?

A

Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife

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71
Q

It must be established that an offender must have formed the intention to rob in relation to the offence of “assault with intent to rob”?

A

At the time of the assault

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72
Q

The role of an interview support person for a special consideration witness is to?

A

Ensure their well-being and support their understanding of what is happening

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73
Q

The term “grievous bodily harm” in relation to an offence of ‘aggravated robbery’ means?

A

Really serious harm

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74
Q

Before applying for a SW, you must be sure that the offence you suspect is being, has been or is about to be committed is?

A

An offence punishable by imprisonment

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75
Q

Johnny bashed his partner Jill with a cricket bat in their front yard. Jill is badly injured and is taken to hospital. Neighbouring witnesses tell you Johnny left in a car taking the bat with him. They say no one else is inside the house. You now have RGTS an offence punishable by imprisonment of 14 years or more has occurred and RGTB that the bat is in Johnny’s car. Should you enter the house without warrant to search for evidential material?

A

No, because neither s15 or s14 apply in the circumstances

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76
Q

In the appreciation technique, what is a factor?

A

A statement of TRUTH about a known INFLUENCE or CIRCUMSTANCE

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77
Q

You arrest a young woman in the crowded smoking area outside a bar as you have RGTB she is in possession of drugs and RGTS she is distributing drugs to others. You give your obligations and conduct a rub-down search including putting your hands inside the pockets of the zipped up jacket she is wearing. She is abusive and uncooperative. You demand she removes her jacket and when she does you find she is wearing only underwear. A lawyer might challenge your search on the principle of?

A

Reasonableness

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78
Q

At interview a suspect is cautioned for a second time when he reveals his involvement in another crime. He contacts his lawyer and then says he has been advised to claim his right to silence and will not answer any more questions. You should?

A

Inform him of the allegations against him and record any response he may make

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79
Q

When a witness signs the declaration on a witness statement the interviewer must ensure the witness understands they are agreeing that – to the best of their knowledge and belief their statement is true and?

A

They know how the statement may be used and the consequences of giving false or misleading information

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80
Q

You wish to install a 24hr camera across the road from a suspected tinnie house to record the comings and goings at the front door. Which of the following do you need?

A

Surveillance device warrant issued under the Search and Surveillance Act 2012

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81
Q

A salesman notices a man acting suspiciously at a computer display and a short time later he discovers a laptop is missing. Police are called and they promptly view the CCTV record of the carpark which show the man, who is carrying a laptop getting into a blue car, QSY432. Comms alerts all cars and a short time later you stop the vehicle under s121 but, as you approach, the driver runs off. Can you proceed to search the vehicle for the missing laptop?

A

Yes, because you have RGTB the missing laptop is in the vehicle

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82
Q

When must a victim of a s29 offence be advised of their right to be on the Victim Notification Register (VNR)?

A

At the time of the offenders arrest (if practicable)

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83
Q

An unknown informant calls police saying John is outside the local college selling cannabis. On arrival you observe John talking to and exchanging money for tinfoil packages with two students. Can you conduct a warrantless search of John for cannabis?

A

Yes, because you have RGTS an offence against MODA 1975 is being committed

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84
Q

Should a person who is intoxicated at interview be treated as a special consideration witness?

A

Yes because their ability to give accurate information is affected

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85
Q

When completing a search warrant application, you must describe?

A

Your own personal BELIEF that the warrant is justified and the facts on which this is based

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86
Q

Which of the following statements about the Free Recall (FR) model is generally true? When using the FR model the interviewer?

A

Does not include a challenge phase

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87
Q

You and a colleague are separately interviewing two suspects at the station. Your suspect is uncooperative so you leave the room, return five minutes later and tell him that his friend has admitted taking part in the burglary. He shrugs, readily admits his involvement and later pleads guilty. Would the above admission by your suspect be admissible in Court?

A

No, because the admission was obtained by misrepresenting the truth to your suspect

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88
Q

Stan sees Nigel walking along the road with Gloria, Stan’s ex-girlfriend. Stand is furious. He steps in front of them and says menacingly, “Get off my street or you’ll get this.” Gloria and Nigel are frightened. Stan then raises a fist and demonstrates a punching movement. Can Stan be charged with assault?

A

Yes – because Nigel and Gloria have reason to believe that Stan can harm them

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89
Q

Victims Rights Act 2002 s29 offences are defined as?

A

Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victim to having fears for their safety or the safety of their family

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90
Q

The Investigative Suspect Guide provides direction on how to INTRODUCE A CHALLENGE. It suggests a process of USING a sequence of phrases starting with KEY WORDS?

A

You said… We have… Explain that…

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91
Q

A search is part of most crime scene examinations. Adopting a search pattern assists to?

A

Examine the scene in a thorough and controlled manner

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92
Q

The purpose of a victim impact statement is to?

A

Allow the court to consider THE EFFECTS of the crime on the victim

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93
Q

‘Chain of evidence’ refers to?

A

The official record of exhibits collection, security and movement

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94
Q

Representation refers to the behaviour of the interviewer who?

A

Promises a favour in return for a requested action

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95
Q

Last week you were called to a large department store where security advises they have CCTV evidence of a female (18) shoplifting clothing. On further investigation you find the young woman has an extensive youth file which includes numerous incidents of dishonesty and theft. Which one of the following PUBLIC INTEREST FACTORS most supports prosecution in this case?

A

The likelihood of the offence being repeated

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96
Q

You arrive at a house after a neighbour reported hearing screaming and crying from the property. The neighbour says the noise stopped after she saw a man leaving the property in a car. The neighbour is very concerned for the woman who lives there. Can you enter the house without a warrant?

A

Yes, as you have RGTS there is a woman inside the house who may require an emergency response

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97
Q

Which of the following statements describes when contamination occurs?

A

Many people enter and leave the scene

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98
Q

Steve goes to his local pub where after a few drinks he gets in to an argument with his friend Gerry. Gerry becomes so enraged with Steve that he yells out “you really deserved this” and smashes his glass twice into Steve’s face causing the glass to shatter. Steve suffers severe lacerations to his cheek and lip and a fractured eye socket. What is the most appropriate Crimes Act assault offence?

A

Wounding with intent (Section188(1))

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99
Q

Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable? Challenging…

A

Challenging the interviewer on the validity of the allegations made

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100
Q

Care must be taken in Police interaction with a witness because?

A

A witness’s needs and individual circumstances must be taken into account by the interviewer

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101
Q

An offender kicks a victim several times in the torso and splits their spleen. Which of the following charges is most appropriate?

A

Wounds with intent to injure

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102
Q

Roger has been charged with Aggravated Burglary, a category 3 offence. He is pleading not guilty and wants to elect a jury trial. When can he make an election?

A

At the same time he enters his not guilty plea

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103
Q

If the O/C Initial Action party locates an item they believe is going to rapidly deteriorate, the best course of action is to?

A

Take immediate action to preserve the item

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104
Q

When you need to remove a wet exhibit from a crime scene, how should you transport it to the police station?

A

Uplift and secure in a CLEAN and UNSEALED PLASTIC BAG

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105
Q

Jill is recorded on CCTV shoplifting a trolley full of wine from a local supermarket. Soon after you drive by her house and see there is a party in full swing. You enter her property under s8 and arrest Jill at her front door. Can you lawfully search her house for the wine without a search warrant?

A

Yes, because you have RGTB that the evidential material will be CADD if entry is delayed to get a search warrant

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106
Q

COMMS will assist with serious scene coordination by contacting forensic specialists required. As a general rule, which forensic specialist will be called first to attend the scene?

A

A photographer

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107
Q

A special consideration witness is one who is affected by?

A

THE NATURE OF THE OFFENCE or has PERSONAL CHARACTERISTICS affecting their ability to communicate easily

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108
Q

Evidential material, in relation to a particular offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence. A TANGIBLE ITEM that could be evidential material is?

A

A locked IPhone

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109
Q

When a witness has provided a description that matches the suspect, the best way to present this as a challenge during the suspect interview is to say?

A

“A witness has provided details of an offender that fits your description”.

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110
Q

The “Golden hour” concept refers to the time when?

A

EVIDENTIAL MATERIAL IS more READILY AVAIABLE at a crime scene

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111
Q

When a nominated person arrives to support a youth for interview you should give the nominated person the “advice and duties nominated person” booklet and?

A

Explain its contents to the nominated person and allow them time alone to discuss it with the youth

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112
Q

Entomology is the science of studying?

A

Insects

113
Q

During a fight at a very crowded local bar, Steve grabs a pool cue and starts swinging it around. He doesn’t want to hurt anyone but gets carried away and hits a bar patron around the head. The injuries to the bar patron consist of a fractured eye socket and a fractured skull. The most appropriate way to describe Steve’s actions in the bar is that he?

A

Acted with reckless disregard for the safety of others

114
Q

You wish to install a 24 hour camera across the road from a suspected tinnie house to record the comings and goings at the front door. Which of the following do you need?

A

Surveillance Device Warrant issued under the Search and Surveillance Act 2012

115
Q

Primary transfer occurs when?

A

There is direct transfer of material between one party and another

116
Q

Can you withhold personal property seized under s11 when a person is released from custody?

A

Yes, you can withhold any property if in your opinion it may be given in evidence in proceedings for the charge brought against the person

117
Q

As a condition of the authorisation of your SW application, an Issuing Officer may require you to complete?

A

A s104 search warrant report

118
Q

At 1400 hours you gave Jimmy (15) his rights pursuant to section 215 of the Children, Young Persons and Their Families Act 1989. At 1445 hours he asks you whether he has to answer the question you just asked him. The most appropriate thing for you to do is?

A

Advise him that he may withdraw his consent to make a statement at any time.

119
Q

A child or young person (CYP) can nominate an adult to provide support when they are being interviewed by Police. Which of the following statements best describes the person considered to be the most appropriate for the role?

A

An adult member of their family or whanau

120
Q

After charging an offender with burglary and placing him in the police cells, he later decides to tell you where he has hidden the property he stole during the burglary. According to the Chief Justice Practice Note Guidelines, you should?

A

Reconvene the interview, caution him, gain his account and question him further

121
Q

You are considering charging someone with Burglary. Before you do you must satisfy the Test for Prosecution contained in the Solicitor-General’s Prosecution Guidelines. Which component of the test should you conduct first?

A

The evidential test – if the evidence meets the evidential test we can then consider the public interest

122
Q

Under section 15 of the Search and Surveillance Act 2012, a constable may enter and search a place without warrant to avoid loss of evidential material relating to certain offences. The certain offence must carry?

A

A term of imprisonment of 14 years or more

123
Q

Pursuant to S & S Act 2012, you are searching a prisoner incidental to arrest. In his possession you find a cell phone that you have established is stolen. When bailed an hour later he asks for the cell phone back. What should you do?

A

Charge him in relation to the cellphone and retain possession of the property

124
Q

You are executing a search warrant on a known drug dealer’s house. At the house you locate a vehicle. You have made no reference to the vehicle on the search warrant. Can you search this vehicle?

A

Yes, since the vehicle is within the property named on the warrant

125
Q

The decontamination zone model is used at a scene of a major crime because?

A

The scene will contain both biological and physical evidence

126
Q

The Hot zone in a serious crime scene can be described as the part of the scene where examiners?

A

Search for, uplift and package items for exhibits and analysis

127
Q

Which type of search requires you to complete a warrantless power notification?

A

S7 entry and search for a person unlawfully at large

128
Q

Victim impact statements are required?

A

In every case involving an identifiable victim

129
Q

If a suspect’s right to ‘consult and instruct a lawyer without delay and in private’ cannot be facilitated immediately by Police, what action is required first?

A

Advise the suspect of that fact and reason for the delay

130
Q

You have RGTB that stolen property is located in a garage at a local address and execute a search warrant. No one is present when you arrive and you see the garage has a security alarm and it is armed. You use s110 and call a security technician to help you gain entry to the garage. You must then?

A

Accompany the technician on the entry and provide reasonable supervision

131
Q

You may search a person without warrant for a controlled drug if you have?

A

RGTS an offence has occurred and RTGB they are in possession of a controlled drug

132
Q

With respect to the victim’s property that may be held in evidence Police are obliged to:

A

Discuss the evidential requirement with the victim and ensure the property is returned as soon as practicable after it is no longer needed

133
Q

Duty of care requires you to protect the arrested or detained person?

A

From the time you arrest or detain the person until you transfer them into someone else’s custody and your transfer is acknowledged?

134
Q

Under s23 of the Bill of Rights Act 1990 a person has the right to be treated with humanity and respect to their inherent dignity. Who does this section apply to?

A

Everyone who is arrested or detained

135
Q

The Warm zone can be described as a place inside the scene cordon where?

A

Exhibits are processed by a crime scene team member

136
Q

In general, should an investigator regard a child or young person under the age of 18 years as a special consideration witness?

A

Yes, because their age and maturity level may mean they are vulnerable in an interview situation

137
Q

A P1 call takes you to the home of an elderly man who disturbed a burglar wearing a LA Lakers hoodie. He gives the registration number of the car that the burglar drove off in. A short time later you stop the vehicle (s9) and arrest the sole occupant (who is not wearing a hoodie). Can you search the vehicle under s10?

A

Yes, because you can search for evidential material related to the offence

138
Q

A victim of a sexual assault is transported on the same police vehicle as the offender is later in the day. What is this called?

A

Cross-contamination

139
Q

Brad goes up to Kevin and threatens him with “a hiding” if the sunglasses Kevin is wearing are not handed over to him immediately. Kevin refuses to comply and Brad punches him in the head. The sunglasses break. Brad, no longer interested in the glasses, walks away empty-handed. What offence has Brad committed?

A

Assault with intent to rob

140
Q

A suspect elects his right to silence at interview. You give the allegations and prepare a statement accordingly. He refuses to sign it. Which of the following actions would you take?

A

Record his refusal to sign the interview record and close the interview

141
Q

What is meant by an investigator’s ‘working rules’?

A

The knowledge and skills learnt from investigator experience

142
Q

You are interviewing an offender arrested for ‘receiving’. While attempting to establish the identity of the original thief the offender begins to tell conflicting accounts. You now decide to change interview styles and begin to very strongly put questions to him demanding explanations and answers to your questions. He eventually gives the identity of the thief and other evidence against himself. Would the above evidence by your offender be admissible in Court?

A

No, because the offender was in custody and questions must not amount to cross-examination

143
Q

If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the court will?

A

Make you honour the promise and rule the evidence as inadmissible

144
Q

All material gathered during an investigation should be evaluated through the filters of?

A

Relevance, reliability, admissibility

145
Q

Police are obliged to inform victims of?

A

Investigative progress and any impending charges or arrests

146
Q

Ensuring the admissibility of forensic evidence presented to the court requires understanding of which of the following groups of words? C,R,I,S

A

Contaminate, relevance, integrity, security

147
Q

You have arrested an adult male and want to interview him further. Which of the following statements is most correct?

A

You can interview him while being mindful of the need to proceed to court as soon as possible

148
Q

S110 allows you to use reasonable force for the purposes of carrying out a search and seizure in respect of?

A

Any property you can lawfully search

149
Q

The initial action party at the scene of a serious crime must work quickly to?

A

Remove people from the scene to reduce further contamination

150
Q

Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbour’s face repeatedly causing in excess of 10 burns. However, 12 months later and before the jury trial in relation to the incident, the burn marks have faded so much that they are no longer visible. Which of the following charges is the most appropriate?

A

With intent to injure anyone, disfigures

151
Q

Karen (16) is the rear seat passenger in a car driven at speed by her friends Shane (17) who holds a restricted drivers licence. Shane fails to give way at a busy intersection and collides with another vehicle. Following the impact, his car spins out of control and crashes through the fence of John’s house close to the intersection. Both youths are injured and Karen, who is not wearing a seat belt, is thrown from the vehicle and suffers severe head injuries that will require considerable rehabilitation and medical care. Sam (27), the driver of the other car, escapes with minor cuts and bruises but his car is written off. Anaru (4) who is riding his tricycle on the footpath is severely frightened. The crash is another in a series of vehicle accidents at the intersection and the neighbouring community is fearful of further injuries or a road death. Identify the victim/s in the above incident

A

Karen, Sam, John and Anaru and their families

152
Q

Immediately before you ask a suspect to give their account of the events in question, you should explain?

A

The events leading to the suspect agreeing to be interviewed

153
Q

George is running down a crowded street. He grabs the shoulder bag of a passing female. He twists her arms as she tries to hold on to her bag. The pain causes her to let go of the bag and George takes off. The most appropriate offence in relation to the actions of George is?

A

‘Robbery” as the theft was accompanied by a sufficient level of violence

154
Q

When there are multiple witnesses to a serious incident/offence the investigator should?

A

Separate the witnesses, conduct a brief initial interview with each and gather witness details

155
Q

You have arrested John for aggravated robbery but would like to obtain further information from him. Which of the following statement is most correct?

A

You can continue to interview him but your questions must not amount to cross-examination

156
Q

Which of the following scenarios affect the reliability of a suspect interview record? When the suspect being interviewed is?

A

Tired an clearly unwell but is not offered an interview break

157
Q

After arguing with a dairy owner a man storms out of the dairy. A short time later the dairy owner hears a loud bang and sees a large crack in the shop window. Theres a man standing across the road. On arrival you interview the man. After a few questions he says, “It was his fault because he got smart to me.” You continue with the interview until the man is arrested for breaking the window. When should this suspect have first received the Rights/Caution?

A

When the suspect stated to you that it was the dairy owner’s fault that the window had been broken

158
Q

You and several other officers are called to a party that has got out of control. A young woman at the party tells you that she was sexually assaulted in the bedroom of the house. One of your colleagues’ leaves to apply for a SW. Could you use s117 in these circumstances?

A

Yes, because a SW is being sought, you are at the place and believe that evidential material may be CADD or removed

159
Q

During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint. Should a suspect’s complaint affect the interview progress in any way?

A

Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview

160
Q

A serious assault has occurred at a private party. When you arrive at the scene you wish to speak to the patrons about the assault. In the given circumstances Police behaviour must reflect Guideline 1 of the Chief Justice Practice Note which is?

A

You must not suggest through words or actions that a person must answer your questions

161
Q

John Smith is a well-known receiver of stolen property. You apply for a SW to search his residential address. There are no extenuation circumstances that will prevent your execution of the warrant without delay. What is the normal period the warrant will be valid for?

A

A period specified by the issuing officer (IO) not exceeding 14 days.

162
Q

You are in the carpark at the shopping mall when you hear a woman crying out that her handbag has been snatched. She tells you the offender ran off and got into the back of a van. You quickly locate and stop the van. In these circumstances you would use s8 to enter the van to?

A

Arrest the offender

163
Q

A serious assault has occurred in a public place. You have good cause to suspect David is the offender. You arrest David and place him in the back of a Police car. Before leaving the scene you are approached by Michael who admits committing the assault. You no longer believe David to be involved. The correct action is?

A

Release David immediately and document the circumstances

164
Q

The purpose of an initial reconnaissance by the first on the scene officers at a serious crime is to?

A

Survey the scene to establish the action required to secure evidence

165
Q

When and why is a CSV1 required?

A

When there is a victim and the matter will proceed to District Court (or above) because the victim’s entitled to specific services at the court

166
Q

When planning an interview with a special consideration witness (vulnerable) the investigator should?

A

Consult a supervisor to make decisions about the interview

167
Q

A person is in custody when?

A

Words of arrest are spoken and physical touch clearly signals the person is not free

168
Q

Simon is walking down the street texting his girlfriend. He is approached by John who demands Simon hand over his phone. Simon refuses and John punches him in the face. Simon gives John the phone as a result. John then realises the phone is not the model he’s after and gives it back to Simon. What offence has John committed?

A

Robbery

169
Q

Simon is having an extremely noisy party at his house. A noise abatement notice has been served on Simon but he decides to ignore it and turn the stereo up louder. The local council agent returns to the address to seize the stereo. Simon picks up a golf club, holds it up in the air and states to the agent “the stereo is not going anywhere and if you come any closer I will smack your head in”. What is the most appropriate Crimes Act 1961 assault offence?

A

S.192 Aggravated Assault

170
Q

Under S & S Act which of the following could be an example of ‘privileged information’?

A

Patient records kept by a GP or psychologist

171
Q

You are en route to the scene of an armed robbery where it is believed that an air rifle has been used. You locate a person you believe to be the offender a couple of blocks from the scene. Can you lawfully stop and search him under s18 of S&S Act 2012?

A

Yes, providing you have RGTS they are in possession of a firearm

172
Q

The IO has authorised your SW for a car used in a drive by shooting. An informant tells you that the car is now parked in the driveway of a suburban house. You drive by the house and see that the car is there. The SW allows you to?

A

Enter the place to execute the SW on the car

173
Q

The S&S Act 2012 requires you to identify yourself and announce your intentions before you?

A

Enter a place, vehicle or other thing to search it

174
Q

After being evicted from a party Steve drives his car into a crowd gathered outside of the address, injuring three people. In order to prove ‘recklessness’ under section 189(2) Crimes Act 1961, you must prove that Steve?

A

CONSCIOUSLY and DELIBERATELY took an UNJUSTIFIED risk

175
Q

According to Criminal Justice Practice Note Guideline 4, when you are questioning a suspect about statements made by a witness you should?

A

EXPLAIN THE SUBSTANCE or nature OF THE WITNESS STATEMENT to them

176
Q

John has escaped from a prison van transporting him from the local court to prison. You see him run into someone’s garden. Can you enter the property to arrest John?

A

Yes, because John is unlawfully at large and you have RGTB he is on the property

177
Q

During a crime scene examination you find a small amount of a dry substance in a jar. To determine if it is to be collected for analysis you can?

A

Examine it with gloved hands

178
Q

The O/C initial action party could decide to immediately uplift an item from a scene of a serious crime when the item?

A

CANT BE PROTECTED from the elements and WILL DETERIORATE

179
Q

You receive a call on Saturday afternoon from a person saying there are cannabis plants growing in his next door neighbour’s backyard. You stand in the informants’ backyard and look over the fence into the neighbouring property. You can clearly see the cannabis plants. Do you require a surveillance warrant for your actions so far?

A

No, because you are lawfully on private property and not using a surveillance device

180
Q

At this morning’s fall in you are told that Tim failed to appear at court on several charges under the Land Transport Act and there is now a WTA in place. You are out patrolling when you see him drive past. You stop his car under s9. Which power of search would you use FOLLOWING YOUR ARREST of Tim?

A

S85 search for items that could harm any person or facilitate escape

181
Q

“The truth may be elusive, so you may need to be persistent”. In this statement ‘persistent’ refers to interview behaviour and means ASKING what kind of QUESTIONS?

A

ASKING QUESTIONS in a manner THAT WILL STAND up to THE SCRUTINY of the court

182
Q

How should a waterlogged multi-paged document be packaged for delivery to the Document Examiner?

A

Seal the wet document in an airtight container or bag

183
Q

The initial action party at the scene of a serious crime must work quickly to? F,C,P

A

Cordon the area to prevent any person entering the scene

184
Q

A youth suspect (14yrs) is asked who he wishes to have as his nominated person at interview. His parents are divorced and although he lives locally with his mother he nominates his father who lives out of the district. Which of the following actions is most appropriate in the given circumstances?

A

Advise the father of the circumstances and make enquires about his availability

185
Q

Gary is upset because Bert is going out with his ex-girlfriend. Gary approaches Bert and throws a punch at his head. Bert ducks and the punches miss. Which of the following statements is true?

A

Gary commits the offence of ‘assault’ because an attempt to strike the victim but missing falls within the definition of assault

186
Q

Which of the following persons would not be considered suitable for the role of nominated person for a young person?

A

A close friend or classmate nominated by the young person

187
Q

You locate a pile of wet documents at a scene and want to forward them to the document examiner. The correct procedure is?

A

Seal in an airtight container or bag and forward the wet documents to the examiner

188
Q

The O/C initial action party is responsible for effectively briefing and conducting handover to an O/C Scene on their arrival at a serious crime scene. What information is essential to the integrity of the crime scene examination? Details of…

A

Details of any POST INCIDENT MOVEMENT in the crime scene

189
Q

In relation to cross examination which of the following answers is correct? Questions..

A

Questions aimed at establishing further facts from answers given are acceptable

190
Q

Jo Brown is heading home after a night in town and was kicked and punched by a group of offenders. As a result of the assault Jo suffers severe bruising to his face but develops severe and ongoing depression and is unable to be left alone at night. In relation to s 188-193 of the Crimes Act 1961 Jo is considered to have been?

A

Injured

191
Q

You have entered a house under s8. You may search in?

A

The basement workshop

192
Q

You are dealing with a suspect who has caused an injury to a person. The term “to injure” means to cause?

A

Actual bodily harm to a person

193
Q

A local chemist has caught a woman shoplifting cosmetics in his shop. He prevents her from leaving and calls police. You attend, form your reasonable grounds to search the woman and give your obligations. You search the woman’s pockets and carry bag and locate the stolen items. You also find and remove some items of clothing that you suspect are stolen as they still have security tags. Following your search the woman must be given a copy of?

A

A POL268 inventory of the items seized

194
Q

What is the maximum duration of time that an authorisation for a road block granted under s30 is valid for without renewal by a District Court Judge?

A

24 hours

195
Q

In a FORENSIC sense, what does persistence refer to?

A

The length of time BIOLOGICAL MATERIAL can be detected following a crime

196
Q

One of the principles laid down in the Victims Rights Act 2002 guides the treatment of victims. In this respect Police are obliged to?

A

Treat all victims in manner which is courteous, compassionate and respectful

197
Q

Being on the notification register (VNR) means the victim will be notified?

A

By the agency where the offender is held of any information concerning changes to the offender’s bail, release, parole, escape or death

198
Q

The hot zone in a serious crime scene is best described as?

A

That part of the scene requiring examination and evidence collection

199
Q

When you are satisfied on reasonable grounds that an arrest of a youth (15 years) without warrant is necessary in the circumstances, which section of the Children Young Persons and their Families Act 1989 overrides any other enactment in making an arrest?

A

S 214

200
Q

Billy strikes Mike over the head with a hammer then runs to his car with the hammer and drives off. A short time later you locate Billy driving the car and stop the car under s121 to search Billy and the car for the hammer. As you attempt to speak to him, Billy leaps out of the car and sprints off. Can you search the car for the hammer?

A

Yes, because you saw Billy run away from the car and you have RGTS the hammer is still in the car

201
Q

Whilst executing a SW for stolen property, you open a hallway cupboard and see a large ziplock bag that contains what you are certain is cannabis plant material. Under s 123 of the Search and Surveillance Act 2012, you may?

A

Seize the item because you have RGTB you could have seized the item under any search warrant you could have obtained

202
Q

Where you have RGTS that an offence is being committed that is likely to cause injury to any person, you may enter the place or vehicle without a warrant and?

A

Take any action that you have RGTB is necessary

203
Q

When cautioning a suspect you are not obliged to inform the suspect that?

A

They can decide with a lawyer whether to go on video or not

204
Q

What is the purpose of the Chief Justice Practice Note on Police Questioning?

A

It directs the conduct of Policing interviewing practice as guided by the judiciary

205
Q

In which zone would Police first photograph material?

A

Hot

206
Q

One of the principles laid down in the Victims Right Act 2002 guides access to services for victims. In this respect Police must inform victims that?

A

That they are entitled to access welfare, health, medical or legal services

207
Q

One night you attend an aggravated burglary. Witnesses give a detailed description of the car the offender left in. You QV the registration number and identify an address for the vehicle. At the address you locate the vehicle parked in the driveway besides the house. The house is in darkness and the offender is nowhere in sight. Can you now undertake a warrantless search of the vehicle (s17) for the weapon used?

A

No, because the car may contain evidential material and is not in a public place

208
Q

If you are first at the scene where a body has been found then you must secure and?

A

Check for signs of life and render assistance accordingly

209
Q

Probing or closed questions are ones that encourage only a relatively small range of response, usually a short word or phrase. According to the material in the Investigative Interviewing doctrine, which of the following statements about probing questions would be incorrect?

A

Probing questions are the preferred way to start a suspect interview

210
Q

When a victim of a Victim’s Rights Act 2002, s29 offence is transported to hospital from a crime scene, an officer should accompany the victim to ensure their?

A

Clothing is collected and preserved for the exhibit collection

211
Q

When is a search warrant deemed to be legally executed?

A

When the property specified in the warrant has been seized

212
Q

After witnessing an assault you approach and arrest the offender. He refuses to say anything to you. 30 minutes later at the station the offender states that he wishes to speak to you about the incident. When interviewed he tells you why the assault took place. At what point during this incident should this offender have received the Rights/Caution?

A

At the time the offender was arrested for assaulting the other person and prior to any interview when he was in custody

213
Q

Contamination of DNA evidence is a real risk. The minimum standard of protective clothing to be worn by everybody entering a scene is?

A

Gloves and masks

214
Q

When you are interviewing a male suspect under caution about a minor assault on his partner he makes admissions about an unrelated serious assault on another person. What should you do?

A

Re-administer the caution before interviewing him about the new offence

215
Q

S 18 Warrantless searched associated with arms – gives you the power to do which of the following?

A

Search persons or possession (including vehicle) and place, enter place or vehicle, seize and detain firearms, seize and detain firearms licence

216
Q

When executing a SW on a property, you seize items from the house and a garage on the property which is rented out. Under s133 (Inventory of items seized) you must provide a POL268 inventory of the items seized from the garage to?

A

The person renting the garage

217
Q

The initial action scene party must not move any items in a serious crime scene unless it?

A

Will be affected by the weather and cannot be protected

218
Q

The I-car is first to the scene of a serious crash where 2 people in one car are injured and trapped. The constables’ first duty is too?

A

Ensure the crash scene is as safe as possible

219
Q

You are required to take some crime scene photographs as the Police photographer is unavailable. You are aware that the crime scene has been altered and several exhibits moves. You should?

A

Photograph it in its new state

220
Q

After charging a shoplifter with theft and lodging her in the cells, you receive information leading you to suspect her of further thefts. According to Chief Justice Practice Note Guideline 2 you should?

A

Interview her again on video, caution again and question her about the new allegations

221
Q

What are the Police responsibilities to the victim when a s29 suspect is released on bail?

A

Police must advise all victims, as soon as practicable, of the outcome and conditions of any bail application

222
Q

If you are a member of an initial action team at the scene of a suspicious death and a medical officer confirms the victim is deceased, then you must secure the scene and?

A

Do not touch or move the body unless absolutely necessary

223
Q

Which of the following statements is INCORRECT. A witness in a Free Recall (FR) interview?

A

Should be challenged following their first FR account

224
Q

When should witness interviews be conducted?

A

As close in time to the incident/offence as possible to minimise memory loss and contamination

225
Q

Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable?

A

Answering the interviewer’s questions on behalf of their client

226
Q

A 16 year old male who has been arrested elects his mother as his nominated person. She asks about the charges her son may face. Is she entitled to an explanation?

A

Yes. The enforcement officer should inform her of the nature of the charges as soon as possible

227
Q

Sarah has been arrested. Her top layer of clothing is a pair of jeans and a t-shirt. You decide to do a rub down search. Just before you begin Sarah tells you she is wearing no bra beneath her t-shirt. Which of the following statements is the most correct?

A

You may not require Sarah to remove, raise, lower or open her outer clothing as she has no other clothing

228
Q

Which of the following statements best describes an investigative mind set?

A

A principled approach to the way investigators examine materials and make appropriate and reasonable decisions

229
Q

An appreciation is the mental process and written plan that?

A

Records decision making and shows why a certain course of action was decided

230
Q

Susan lives with Karen. They have an argument over who is going to eat the last piece of chocolate cake resulting in Susan plunging a knife into Karen’s chest and lacerating Karen’s lung. In relation to s188 of the Crimes Act 1961 the most appropriate description in relation to the puncture of Karen’s lung wound be:

A

Grievous bodily harm

231
Q

Who is responsible for ensuring a victim of a s29 offence is given the POL 1065 and sufficient information and assistance to complete it?

A

Responsibility rests with the O/C case who arrests and charges the offender with the s29 offence

232
Q

A suspect declines the services of a lawyer but although he agrees to an interview he says “if you keep that video running I won’t say anything.” What should you do?

A

Explain the advantages of a visually recorded interview and say he has the option of preparing a written statement

233
Q

A special consideration witness maybe be described as “vulnerable”. Vulnerable means:

A

Susceptible, defenceless, in a weak position

234
Q

A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and?

A

The court is provided with an appropriate basis for sentence

235
Q

You are about to interview a 15 yo burglary suspect when his nominated person informs you the suspect has the mental age of a 5 or 6 year old. In the given circumstances, which is the most appropriate interview model to use?

A

Minimise the risk of influencing the suspect by using the Free Recall model

236
Q

A common approach path to and from a crime scene is established too?

A

Control access to the scene to prevent contamination

237
Q

A women dances with a man, Male A, who is wearing a red jersey and she gets red fibres on her top. Late in the evening she dances with another man, Male B and some of the red fibres are transferred to the shirt of that man. The scenario is an example of secondary transfer between?

A

The women and Male B

238
Q

On being shown to the station’s interviewing room to consult with her client, a lawyer complains that a video machine is on and can be monitored from an adjacent room. She refers to the client’s rights to consult in private and requests the video machine be turned off. What response should she receive?

A

The machine will be turned off immediately as requested

239
Q

As the interview proceeds the suspect suddenly claims his right to silence. You have not yet put any challenges to him nor mentioned the witness statements you have. Should you stop the interview at this stage?

A

No, you should proceed to fairly explain the allegations making a notebook record of events before closing

240
Q

A youth (16 years) who is to be interviewed about stolen property insists on his uncle as his nominated person. In contacting the uncle you find that he is willing to attend an interview but due to work commitments is not available until the next day. You should advise the youth in this situation that?

A

The interview will be delayed until his uncle can attend and that the youth will be released conditionally

241
Q

In relation to some MODA 1975 offences, s20 allows you to search which of the following?

A

Any vehicle and place

242
Q

Police may interview a person in custody. A person is ‘in custody’ when?

A

Words of arrest and physical touch clearly signals the person is not free

243
Q

Risk assessment is essential in the SW process. When should risk assessment occur?

A

Before the SW application is completed and prior to execution

244
Q

In the engage and explain phase of an interview with a witness who is fearful or distressed about the consequences of making a statement you should?

A

Consider their concerns, assess their reasons, discuss with your supervisor if a visually recorded interview is required

245
Q

As part of the SW application process you must check that your NIA target is valid. You need to do this because details of any SW applications made on your target?

A

In the last 3 months will be attached to your application

246
Q

Late at night you are called to a suspicious fire at a school. While cordoning the scene you locate and search a male teenager. Newspaper and a can of accelerant are found in his carry bag. He refuses to tell you his name. Your caution should make sure he understands?

A

You can arrest him if he continues to refuse to give you his name and address.

247
Q

In relation to s188 of the Crimes Act 1961 the difference between subsections (1) and (2) relates too?

A

The intent of the suspect when causing the injuries

248
Q

When applying for a SW, you must provide details of any other applications for the target of the warrant that have been made during the previous?

A

3 months

249
Q

When a person is to be locked up in Police custody, a search can be undertaken under s11. The primary purpose of this search is too?

A

Remove money or property for safekeeping

250
Q

When a DVD of an adult witness interview is to be used as evidence-in-chief then the O/C case must ensure?

A

The witness has viewed the video and given their signed consent for it to be used

251
Q

You stop a vehicle for the purpose of searching it. There are four occupants in the car. Your partner deals with the driver. The backseat passenger asks you why the car has been stopped. What OBLIGATIONS do you have to him?

A

You must identify yourself by name or QID, and state the Act under which the search is taking place and the reason for it, unless it is impracticable to do so in the circumstances, and produce evidence of ID if not in uniform.

252
Q

The warm zone in a serious crime scene is a transition zone to enable scene examiners too?

A

Put on and take off protective clothing

253
Q

When deciding on the admissibility of a youth’s interview, an overriding principle that will guide the judge is?

A

Whether the interview was fairly conducted in acceptance of the CYP’s vulnerability which entitles them special protection

254
Q

When can you enter a place without warrant to search for evidential material under s83?

A

When you have arrested a person and you have RGTB evidential material will be CADD

255
Q

Jimmy breaches the conditions of the Protection order held by Jenny when he enters their home and assaults her. Jenny tells you that Jimmy has gone to his mate’s house to pick up his belongings because he says he’s leaving town. Which warrantless power could you use on Jimmy’s mate’s house?

A

S8 Warrantless entry to arrest Jimmy who has committed the offence of assault

256
Q

A witness with intellectual, psychological or psychiatric impairment is entitled to?

A

A witness is entitled to special consideration from police and others.

257
Q

When explaining the caution to an adult suspect who suffers from an intellectual disability you should give them their rights and?

A

Ask them to tell you in their own words what the caution means to them

258
Q

You are called to an aggravated robbery at a liquor store. As you arrive the offender decamps but you chase and apprehend a 15-yo youth. Before you have time to question him, he states, “I didn’t mean to shoot the guy”. Which of the following statements best describes the admissibility of the confession?

A

His confession is admissible but he must be cautioned as soon as possible

259
Q

The case R v Weaver (1956) defined the term ‘cross-examination’ as it applies to interviewing suspects. How was cross-examination defined in the case?

A

Questions put to a suspect to either whittle down or differentiate answers already given because their answers are not accepted

260
Q

While on patrol you see a man waiting at a taxi rank who matches Comms description of one of two men who robbed a shop assistant one hour ago. The men are reported to have stolen two iPhones. Which power of search is most appropriate in the circumstances?

A

S16 Warrantless search of a person for evidential material relating to certain offences

261
Q

Jack is 13. You stop him driving his fathers’ car. He is on his own. You ask Jack to consent to a search of the car. Which of the following statements is most correct?

A

Jack is able to consent to a search of the vehicle as there is no passenger over 14 in the vehicle who has authority over it and is able to consent to the vehicle search.

262
Q

When investigation complaints of theft ex cars you approach a woman standing beside a vehicle and ask her some direct questions. The woman becomes very upset saying you have no right to approach innocent people then question them. Is the woman correct in stating that you are not allowed to question her?

A

No, an officer may ask questions of any person from whom it is thought useful information may be obtained

263
Q

When should an investigator visually record a witness interview?

A

When the interview is needed for completeness and accuracy of evidence

264
Q

Which of the following actions is one way of preventing post incident cross contamination of a victim of a serious assault?

A

Ensuring different officers interview the victim and suspect

265
Q

When packaging an exhibit in a windowed paper bag or Kleensak you must?

A

Fold over the top of the bag 2-3 times and seal with tape

266
Q

The meaning of the term ‘arbitrary detention’ as explained in the case R v Goodwin (1993) is?

A

When words or conduct of an officer causes a person to believe that he or she is not free to go

267
Q

The purpose of the victim notification register (VNR) is to?

A

Ensure the victim is notified about the offender’s status and location, so that the victim’s safety can be managed

268
Q

Which of the following people may not act as nominated persons, even if the young person specifically requests them?

A

A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with the young person

269
Q

Jake is arrested for burglary by Porirua police. He states that evidential material from the offence can be found at an address in Rotorua. Jake says his mates are on their way to pick it up. What action should the Porirua police take?

A

Apply for a SW and ask Rotorua police secure the address under s117

270
Q

The best practice motto for crime scene initial action is Freeze, Guard, Control, Preserve. What is requires to be preserved?

A

The evidence.

271
Q

Your risk assessment leads you to decide there is no time to apply for a search warrant. As evidential material will be CADD you undertake a s15 search of a caravan for a machete used in an aggravated wounding. The caravan occupants are present. Before entering the caravan you must identify yourself and?

A

Announce your intention to enter and search giving the reason for your search and the name of the Act

272
Q

When interviewing a person suspected of committing an offence, when should the caution be administered?

A

When you have sufficient evidence to charge a person with an offence

273
Q

You respond to a call from Comms about people in a car who are reported to have pointed a rifle at passengers in another car. Comms gives you a vehicle description and registration. You locate the car in a public car park. There are three males in the vehicle. You have a power to search the vehicle without warrant because you have?

A

RGTS the passengers have a firearm in the vehicle and RGTS they are committing an offence against the Arms Act 1983

274
Q

An appropriate support person for a special consideration adult witness should be present in the room during an interview when the interviewer?

A

Decides it is in the interests of the witness

275
Q

When deciding whether to commence prosecution by laying charges, which of the following tests must be applied?

A

The evidential test and the public interest test

276
Q

Which of the following tasks is not the responsibility of an exhibits officer?

A

Establish the relevance of the exhibit to the enquiry

277
Q

Which test is described in this statement? It is met if there is sufficient admissible evidence to provide a reasonable prospect of conviction?

A

The Evidential Test

278
Q

Evidence is improperly obtained if it is?

A

Obtained unfairly or unlawfully

279
Q

If you are stopping a vehicle without warrant for the purposes of a search under s121 of the Search and Surveillance Act 2012, you have certain obligations. At the request of any person affected by the stop, which of the following answers is the most appropriate course of action to take?

A

Identify yourself by name or QID, and state the Act under which the search is taking place and the reason for the search unless it is impracticable in the circumstances and produce evidence of ID if you are not in uniform