Ses 2 Final Investigative Prac Flashcards
What is SARA?
Scanning, Analysis, Response and Assessment.
Peace Model?
Planning and Preparation, Engage and explain, Account, Closure and Evaluation.
TEDS?
Tell me, Explain to me, Describe to me and Show me.
ADVOKAT
Amount of time, Distance, Visibility, Obstruction, Known Person, Any Reason and Time since
Examples of Lay Opinion
Age, Size, Distance and speed
Types of Inadmissible evidence
Hearsay, Opinion, Tendency, Coincidence, Admissions and Confessions.
Three types of evidence
Original, Real and Documentary.
What are the three tests evidence must go through to be admissible?
Relevance, Reliable and Fair
In PEACE what is P
Planning and preparation, Arrange a time, vehicle, location, notebook, pen, questions. Legal considerations, background info,
In PEACE what is first E
Engage and Explain, Introduce yourself, receive a brief account, explain you are going to write in your notebook.
In PEACE what is A
Account, aske questions, obtain a statement.
In PEACE what is C
Closure, give victims card, thank them, explain cops number etc.
In Peace what is 2nd E
Evaluation, Feedback from colleague, reflection and resubmit.
5 Steps for planning an interview
Purpose, Aims, Objectives, Legal considerations and Administrative arrangements
Sensory memory
Taste, Touch, Smell, Hear and See. Usually lasts 20 seconds.
What is empathy?
understanding another persons emotions whilst keeping your own.
Initial Considerations when attending a crime scene?
Number and type of casualties.
Property damage.
Type of incident.
Hazards.
Crime scene perimeters
Inner - Only accessed by the crime scene examiner and persons invited.
Outer - Prevents all members of the public and those who don’t need to be there.
Types of crime scenes
Primary - A location where a criminal act has taken place.
Secondary - Any location where there may be evidence of criminal activity related to the primary crime scene
Locard’s Theory of Transference
Every contact leaves a trace.
Law Enforcement (Powers and Responsibilities) Act 2002 s.88
Crime Scene Powers, a) establish a crime scene and b) exercise crime scene powers in accordance with this part, c) Stay on the premises for those purposes.
Law Enforcement (Powers and Responsibilities) Act 2002 s.90
When a crime scene may be established. a) An offence committed in connection with a traffic accident that has resulted in the death of or serious injury to a person is being, or was, or may have been. b) A serious indictable offence is being, or was, or may have been, committed on the premises. c) There may be in or on the premises evidence of the commission of a serious indictable offence that may have been committed.
Law Enforcement (Powers and Responsibilities) Act 2002 s.91
Establishment of crime scene, cannot be re-established for same offence within 24 hours unless a warrant is obtained.
Law Enforcement (Powers and Responsibilities) Act 2002 s.92
Exercise of crime scene powers, 4 hours metro, 6 hours rural.
Law Enforcement (Powers and Responsibilities) Act 2002 s.93
A senior officer (Area commander, inspector or above, duty officer) must be notified if a crime scene is established without a warrant.
Law Enforcement (Powers and Responsibilities) Act 2002 s.94
Crime Scene Warrants
Law Enforcement (Powers and Responsibilities) Act 2002 s.95
(1)a - l) can be applied once a crime scene has been established and there is an urgent need to use any of the crime scene powers. You are not limited to Section 95(1)(a)-(l) to prevent the loss of evidence whilst a crime scene warrant is being applied.
Responsibilities of first responders at a crime scene
Assess hazards including Officer Safety considerations.
Check for signs of life.
Render or arrange first aid.
Determine the nature and size of the scene.
Determine an entry point for the crime scene.
Remove all people from the crime scene.
Record witness particulars.
Call a supervisor.
Call a forensic investigator/crime scene officer.
Call investigators.
Define the boundary of the scene with police crime tape.
Protect endangered physical evidence.
What determines a Major MVC
Any person killed or injured, did anyone leave the scene without exchanging particulars, was any driver under the influence of drugs or alcohol.
Evidence Act 1995 s.59
Evidence of a previous representation made by a person is not admissible to prove the existence of a fact that it can reasonably be supposed that the person intended to assert by the representation. A representation made from one person to another.
Evidence Act 1995 s.60
Hearsay for a non-hearsay purpose
Evidence Act 1995 s.65
First-hand hearsay where maker is unavailable
Evidence Act 1995 s.66
Identity of a person, place or thing.
Evidence Act 1995 s.66A
Contemporaneous statements about a person’s health
Evidence Act 1995 s.69
Business records
Evidence Act 1995 s.70
Tags and labels
Evidence Act 1995 s.71
Telecommunications records
Evidence Act 1995 s.s.81
Admissions
PCA Questions after arrest and caution
When was the first drink? Last drink? How many? What size? What type? Where did you drink? Did you eat anything?
Observation after arrest
Breath and breathing. Face. Eyes. Speech. Actions/movements. Clothing. Attitude.
Types of Sobriety
Slightly, Moderately and well affected.
Novice Range PCA
0-0.019
Special Range PCA
0.02-0.049
Low Range PCA
0.05-0.079
Mid Range PCA
0.08-0.149
High Range PCA
0.150+
7 Deadly CINS
Offensive language, Offensive conduct, Larceny below $300, Obstructing traffic people or vehicles, Ignoring a s.198 direction to move on, Enter a vehicle or boat without consent, Goods in custody.
Closing Question 1
Is there anything further you wish to say about the matter?
Closing Question 2
Have the answers you have given to my questions been made of your own free will?
Closing Question 3
Has any threat, promise or offer of advantage been held out to you to give the answers as recorded in this notebook interview?
Closing Question 4
Will you now read aloud my record of our conversation?
Closing Question 5
Is this interview a correct record of our conversation?
Closing Question 6
Will you now sign this interview as a correct record of our conversation?
What does part A of a DVSAT contain?
25 questions relating to Background/current environment of the offender Threat of violence Dynamics of the specific relationship Presence of children Sexual behaviours/assault.
What does part B of a DVSAT contain?
It is a video recording showing;
How fearful is the victim of the other party?
Did the victim express any concerns?
Were there children present or witness to the incident?
If yes, did you sight them and check on their welfare?
Are there any other additional factors, circumstances or details that you are aware of, which make you believe overall there is a serious threat to the safety of the victim or children?
What is a SAM?
Safety assessment meeting, a fortnightly meeting of government and non-government service providers that aim to prevent or lessen the serious threats to the life, health or safety of domestic violence victims and their children.
Who is referred to a SAM?
Domestic violence victims aged 16 or above and identified as a serious threat.
What is a DVEC?
A pre-recorded video statement from Domestic Violence victims, they capture the trauma and explain the extent of what the victim actually experienced.
Evidence Act 1995 s.139
Police caution.
