Q and A Flashcards
Because deleted images can very easily be recovered from digital cameras, the guidelines direct?
Digital cameras are assigned to a named position or employee.
The correct method to collect a dry blood sample at a crime scene is to?
Dampen swab with sterile water then gently rub the blood
Section 103 of the Evidence Act 2006 recognises the rights of a special consideration witness by?
Providing opportunity for their evidence in chief to be given to the court in an alternative way
Elimination samples are?
Taken from people who had legitimate contact with the scene or exhibit.
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?
Yes, as you have RGTS there is a woman inside the house who may require an emergency response
In applying the evidential test you must determine if there is a reasonable prospect of conviction through examining the?
Sufficiency of the admissible evidence
What are the aims of case management discussions?
To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
Can a person charged with Male assaults Female (section a94(b) Crimes Act 1961), a category 3 offence, elect a jury trial?
Yes
Ensuring the continuity of the ‘Chain of evidence’ is maintained refers to the specific duties of the?
Exhibit officer
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?
Misuse of Drugs Act 1975
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..
Does not ensure the suspect really understands his rights
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?
You have RGTS John has committed an offence against s202A(4)(a) of the Crimes Act 1961
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?
Yes, you can search the man, his car, anything in his possession and his property.
Which of the following tasks is the responsibility of the exhibits officer at a serious crimes scene?
Managing the receipt, control and storage of all exhibits
Are pre-trial admissibility hearings available before both a judge-alone and jury trials ?
No
Who is responsible for filing formal statements?
The Prosecutor
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?
‘Robbery’ as Henry used violence and stolen property.
An authorised SW is usually valid for?
14 days
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?
Five working days before the case management discussion
What must happen before a Judge can require a plea to be entered?
Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice
If no Police Bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?
No more than 14 days from the date bail was granted
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?
Balance of probabilities
What of the following scenarios could be an example of an interview record that has been improperly obtained? When the suspect…
Repeatedly asks for a lawyer but the interview continues without one
Victim Impact Statements are required?
In every case involving an identifiable victim
According to the Investigative interviewing doctrine which of the following statements about probing questions is correct?
An interviewer should avoid asking probing questions beginning with why
Under the Crown Law Prosecution Guidelines 2010: When the admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must?
Apply the public interest test to determine if a prosecution is required
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?
Leave it switched on, uplift and contact HTCG for advice
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?
As soon as reasonably practicable after the service of the summons
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?
‘assault with intent to injure’ because Harry intended to injure Ben with the bottle
For any investigation you should aim to collect?
The maximum amount of material and examine for its use
Who is responsible for ascertaining the victim’s views on bail of a person accused on a Section 29 offence?
Police must ascertain the victim’s views and ensure the court is informed of those view
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?
Male A and Female B
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?
Give him the rights caution with reasonable diligence to gain his understanding
CADD stands for?
Concealed, altered, damaged, destroyed
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?
Conduct the witness interview to determine if the uncle is suitable for the role of nominated person
If a witness becomes a suspect during, then the interviewer should?
Caution, shift procedures for interviewing suspects and ensure the interview is visually recorded
Your prompt initial action at a serious crime scene has led to the apprehension of a male acting suspiciously close by. You should?
Consider conducting a preliminary interview
An immediate statement taken in circumstances where you believe the victim may die?
May be admissible if is not signed
Think about the definition of a crime scene and select the situation most likely to lead to cross contamination?
When the scene equipment is re-used without cleaning
Which statement best describes hypotheses and why you might use them?
Hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry
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?
‘Robbery’ as he has used violence on the pedestrian and stolen the MP3 player.
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)
Yes, as s119 permits a search of anyone found at the place when you have RGTB the evidential material will be found
Which words best describes the Appreciation technique?
A four step problem solving process that informs decision making
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?
Date, time and location
Your completed SW application must show clear connection between?
O,A,E.M
The offence, the target address and evidential material sought there
Although a judge may exclude an interview based on unreliability, this does not exclude the interview being offered as evidence of the?
Defendant’s physical or mental condition
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?
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
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?
Aggravated assault (section 192 Crimes Act 1961)
The first priority for staff arriving at the scene of a serious crime is?
The safety of the attending officers
When do you caution a youth?
Before asking any questions intended to obtain an admission
In relation to an offence of ‘aggravated robbery’ the ingredient of “being together with any other person or persons” means?
Must be physically present at the robbery and taking an active part
What are the sequential steps of the Appreciation technique?
A.F.C.O.P
Aim, factors, course open, plan
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?
Submit a notification to the Commissioner within three days
After issuing a summons you then decide not to commence a prosecution. What must you do next?
Take all reasonable steps to advise the defendant that there will be no prosecution, prior to the date summonsed
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?
Give that person any reasonable direction
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?
Make a notebook entry of his details and his demeanour
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?
No offence
An exhibits envelope should be securely packaged by?
Tape sealing all edges and signing across the tape
Which of the following scenarios does constitute a robbery?
Knocking the victim to the ground whilst grabbing a cash bag/their property
When making a reconstruction of a crime scene you must remember to?
Revise your reconstruction as new facts are obtained
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?
The front door through which the constables entered.
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?
Tell the suspect the lawyer is at the station to see him and act on the suspect’s wishes.
Duty of care requires you to protect the arrested or detained person?
From the time you arrest or detain the person until you transfer them into someone else’s custody and your transfer is acknowledged
When applying the evidential test you must consider if there is sufficient admissible evidence to?
Provide a reasonable prospect of conviction
Care must be taken when placing stepping plates in the hot zone because they?
May conceal or change evidence in the scene
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?
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
Which of the following is not the responsibility of an exhibits officer?
Establish the relevance of the exhibit to the enquiry
Police are responsible for informing a victim of a s29 sexual offence that?
They have rights in legislation that protects their privacy throughout the court proceedings and reporting
In relation to opposing bail for a person charged with a s29 offence Police must?
Make all reasonable efforts to ensure that the court is informed of the victim’s views on bail
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’?
Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife
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”?
At the time of the assault
The role of an interview support person for a special consideration witness is to?
Ensure their well-being and support their understanding of what is happening
The term “grievous bodily harm” in relation to an offence of ‘aggravated robbery’ means?
Really serious harm
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?
An offence punishable by imprisonment
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?
No, because neither s15 or s14 apply in the circumstances
In the appreciation technique, what is a factor?
A statement of TRUTH about a known INFLUENCE or CIRCUMSTANCE
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?
Reasonableness
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?
Inform him of the allegations against him and record any response he may make
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?
They know how the statement may be used and the consequences of giving false or misleading information
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?
Surveillance device warrant issued under the Search and Surveillance Act 2012
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?
Yes, because you have RGTB the missing laptop is in the vehicle
When must a victim of a s29 offence be advised of their right to be on the Victim Notification Register (VNR)?
At the time of the offenders arrest (if practicable)
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?
Yes, because you have RGTS an offence against MODA 1975 is being committed
Should a person who is intoxicated at interview be treated as a special consideration witness?
Yes because their ability to give accurate information is affected
When completing a search warrant application, you must describe?
Your own personal BELIEF that the warrant is justified and the facts on which this is based
Which of the following statements about the Free Recall (FR) model is generally true? When using the FR model the interviewer?
Does not include a challenge phase
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?
No, because the admission was obtained by misrepresenting the truth to your suspect
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?
Yes – because Nigel and Gloria have reason to believe that Stan can harm them
Victims Rights Act 2002 s29 offences are defined as?
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
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?
You said… We have… Explain that…
A search is part of most crime scene examinations. Adopting a search pattern assists to?
Examine the scene in a thorough and controlled manner
The purpose of a victim impact statement is to?
Allow the court to consider THE EFFECTS of the crime on the victim
‘Chain of evidence’ refers to?
The official record of exhibits collection, security and movement
Representation refers to the behaviour of the interviewer who?
Promises a favour in return for a requested action
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?
The likelihood of the offence being repeated
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?
Yes, as you have RGTS there is a woman inside the house who may require an emergency response
Which of the following statements describes when contamination occurs?
Many people enter and leave the scene
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?
Wounding with intent (Section188(1))
Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable? Challenging…
Challenging the interviewer on the validity of the allegations made
Care must be taken in Police interaction with a witness because?
A witness’s needs and individual circumstances must be taken into account by the interviewer
An offender kicks a victim several times in the torso and splits their spleen. Which of the following charges is most appropriate?
Wounds with intent to injure
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?
At the same time he enters his not guilty plea
If the O/C Initial Action party locates an item they believe is going to rapidly deteriorate, the best course of action is to?
Take immediate action to preserve the item
When you need to remove a wet exhibit from a crime scene, how should you transport it to the police station?
Uplift and secure in a CLEAN and UNSEALED PLASTIC BAG
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?
Yes, because you have RGTB that the evidential material will be CADD if entry is delayed to get a search warrant
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 photographer
A special consideration witness is one who is affected by?
THE NATURE OF THE OFFENCE or has PERSONAL CHARACTERISTICS affecting their ability to communicate easily
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 locked IPhone
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 witness has provided details of an offender that fits your description”.
The “Golden hour” concept refers to the time when?
EVIDENTIAL MATERIAL IS more READILY AVAIABLE at a crime scene
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?
Explain its contents to the nominated person and allow them time alone to discuss it with the youth