Questions Flashcards
Which test is described In this statement?
It Is met If there is sufficient admissible
evidence to provide a reasonable prospect of conviction,
The Evidential Test.
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.
Think about the definition of a crime scene and select the situation most likely to
lead to cross contamination?
When scene equipment is re-used without cleaning.
Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain mike 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)
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.
Incorrect answers:
Give him his rights and gather sufficient information to detain.
Get his to draw a sketch to aid your scene reconstruction.
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:
RGTS the passengers have a firearm in the vehicle and RGTS they are committing an offence against the Arms Act 1983.
The “Golden hour” concept refers to the time when:
Evidential material is more readily available at a crime scene.
While investigating 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 and question them. Is the woman correct in stating that you are not allowed to question her?
No, an officer may ask questions of any person from whom it is thought useful information may be obtained.
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. The man is standing across the road. On arrival you interview the man. After a few questions he says, “It was his fault because he was 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?
When the suspect stated to you that it was the dairy owner’s fault that the window had been broken.
If no Police Bail conditions are imposed, the date of the Defendant’s first appearance must be which of the following?
No more that 14 days from the date bail was granted.
You are on 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 section 18 of the S&S Act 2012?
Yes, providing you have reasonable ground to suspect they are in possession of it.
Which 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 on without one.
Wrong answers:
Declines the support of an interpreter although one is clearly present.
Is asked to explain (challenged) about his different version of events.
Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable?
Challenging the interviewer on the validity of the allegations made.
As the interview proceeds the suspects 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?
No, you should proceed to fairly explain the allegations making a notebook record of events before closing.
Are pre-trial admissibility hearings available before both Judge-alone and jury trials.
Yes
Whilst executing a search warrant 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 Section 123 of the Search and Surveillance Act 2012, you may:
Seize the item if you have reasonable grounds to believe you could have seized the item under any search warrant you could have obtained.
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 hunt 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 Shance’s response was not reasonable in the circumstances.
Which of the following actions is one way of preventing post incident cross contamination of a victim of a serious assault:
Ensuring different officers interview the victim and suspect.
When and why is a CSV1 required?
When there is a victim and the matter will proceed to District Court (or above) because the victim is entitled to specific services at the court.
When must a victim of a Section 29 offence be advised of their right to be on the Victim Notification System (VNR)?
At the time of the offenders arrest (if practicable)
