Qs Flashcards
R v Weaver defined the term ‘cross examination’ as it applies to interviewing suspects. How was it defined?
- Questions put to a suspect to either whittle down or differentiate answers already given because they weren’t accepted
- Repititious questions on the same fact are put for the purpose of whittling down or gaining different answers to those already given
- Questions put to a person for the purpose of testing statements that they have already made to confuse or trip them up
Questions put to a suspect to either whittle down or differentiate answers already given because they weren’t accepted
As a condition of your SW app, an IO may require you to complete
- a s104 search warrant report
- a post warrant intelligence report
- a S&S system SW outcome
A s104 search warrant report
Should a person who is intoxicated at interview be treated as a special consideration witness?
- No because you should only interview them sober
- Yes because their ability to give accurate information is affected
- Yes because they will not fully understand the reason for the interview.
Yes because they will not fully understand the reason for the interview.
If you decide they are too intoxicated you should still attempt to obtain brief details.
Which words best describe the appreciation technique
- A four step process to identify problems and find appropriate solutions
- A four step problem solving process that informs decision making
- a four step process that is written down, not committed to memory
A four step problem solving process that informs decision making
What are the aims of case management (CMM) discussions?
- To fill in the PPS file analysis form
- To determine what type and length of sentence the defendant will plead guilty to and resolve any issues
- To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
Which example is incorrect? A written statement from a witness interview:
- Can not include slang, swearing or colloquialisms as it is a legal document
- Must record the witnesses narrative of events in chronological order they occurred
- Should ideally be recorded on Police investigative interviewing form II
Can not include slang, swearing or colloquialisms as it is a legal document
What must happen before a judge can require a plea to be entered?
- The defendant has had the opportunity to obtain legal advice
- Initial disclosure has been given and the defendant has had the opportunity to obtain legal advice
- The defendants second appearance
Initial disclosure has been given and the defendant has had the opportunity to obtain legal advice
On the second appearance if the judge is satisfied this has happened.
Representation refers to the behaviour of the interviewer who:
- Allows the suspect to have a support person in the interview
- Promises a favour in return for a requested action
- Does not advise the suspect of their right to a lawyer
Allows the suspect to have a support person in the interview
When charged with Cat 3 offence, pleading not guilty and wants to elect jury trial. When can you elect?
- cannot elect jury trial for cat 3
- at any time before case management discussion
- at the same time you enter not guilty plea
at the same time you enter not guilty plea
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:
- consider their concerns and assess their reasons, discuss with your supervisor if a visually recorded interview is required
- Alert a supervisor to the status as a special consideration witness and the need for a specialist interviewer
- consider their concerns and do not proceed with the interview if they do not have a support person
consider their concerns and assess their reasons, discuss with your supervisor if a visually recorded interview is required
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?
Advise the suspect of that fact and the reason for the delay.
The truth may be elusive, so you may need to be persistent. In this statement persistent refers to interviewer behavior and mean:
- Asking a question in many different ways so that any lies told will become more apparent
- Asking questions in a manner that will stand up to the scrutiny of the court
- Asking questions for as long as it takes to get a full and truthful account from the suspect
Asking questions in a manner that will stand up to the scrutiny of the court
Last week you were called to a large department store where security advises they have CCTV evidence of the female 18yrs old 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?
- Likelihood of offence being repeated
- Seriousness of the offence
Circumstances of the defendant
Likelihood of offence being repeated
