Session One Investigative Practice Flashcards
1
Q
Section 90 LEPRA.
A
When Crime Scene can be established.
- Traffic accident, death or serious injury.
- Serious indictable offence is being, or has been committed.
- Evidence of commission of a serious indictable offence at a premises.
- Offence committed outside the state.
2
Q
What is the mission of police?
A
Working with the community to reduce violence, crime and fear. Police Act, S.6(1)
3
Q
What are the two types of admissible opinion evidence?
A
Lay opinion (section 78 Evidence Act) E.g. testifying to a person’s age, size, sobriety etc.
Expert opinion (section 79 Evidence Act) E.g. doctor testifying to someone’s injuries
4
Q
What are the 6 interview Closing Questions?
- ___________________________________________?
- ___________________________________________?
- ___________________________________________?
- ___________________________________________?
- ___________________________________________?
- ___________________________________________?
A
(FFTRCS)
- Is there anything further you wish to say about the matter?
- Have the answers you have given to my questions been made of your own free will?
- Has any threat, promise or offer of advantage been held out to you to give the answers as in this notebook interview?
- Will you now read aloud my record of our conversation?
- Is this interview a correct record of our conversation?
- Will you now sign this interview as a correct record of our conversation?
5
Q
When do you obtain a statement?
A
Obtain a statement when:
- A person can provide the identity of a suspect (for example, the suspect is known to the victim) or a description of someone they saw commit the offence whose identity is unknown to them.
- A person can provide relevant information about an incident you are investigating, and it is prudent to obtain a statement (for example, coronial matters).
- They may be a witness to or victim of an incident.
- They may be able to give expert evidence or produce an exhibit despite having no personal knowledge, for example, a suspect says they were at work when an offence occurs, providing an alibi. The HR person gives evidence that they were not rostered to work that day, dispelling the alibi.
- It may not be an offence however they might have witnessed an incident (for example, a tree falls on a house or a gas explosion).
6
Q
What is strict liability?
A
Needs only actus reus (e.g. traffic)
7
Q
What is not to be disclosed in a statement?
include the regulation
A
Criminal Procedure Regulation 2017 (NSW), Clause 9J
Addresses, dates of birth and phone numbers not to be disclosed on written statements must not be disclosed
8
Q
True or false: Hearsay is a kind of unreliable evidence
A
True
9
Q
What are fact sheets?
A
A Facts Sheet is a document the prosecutor presents to the court when an accused person enters a plea of guilty to a criminal offence. (Part B of a FPN is also used as a fact sheet)
Their importance in communicating to the court the details of the police allegation (and the elements of the offence) against the accused cannot be overstated
10
Q
What are the 2 sources of law in NSW?
A
Common Law Statute Law
11
Q
In what situations may hearsay evidence be deemed admissible? Give 3 examples
A
Any of the following:
- First-hand hearsay, maker unavailable
- Admissions
- Telecommunications records
- Business records
- Identity of a person, place, or thing
- Tags and labels
- Contemporaneous statements about a person’s health
- Hearsay for a non-hearsay purpose Remember: hearsay involves information a witness/suspect knows because they were told about it from someone else
12
Q
Negligence occurs when an action was
A
Foreseeable
Not insignificant In the circumstances, a reasonable person in that person’s position would have taken those precautions
13
Q
What does ADVOKAT stand for?
A
A – Amount of time under observation
D – Distance
V – Visibility
O – Obstructions
K – Known/seen before
A – Any reason to notice
T – Time since incident
ADVOKAT assists recall and tests reliability of evidence
14
Q
What does the first E stand for in PEACE?
A
Engage and Explain Engage:
Treat them as an individual, and understand them
Explain: The reason for the interview, the procedure, format, and implications of making a statement
15
Q
What is a primary crime scene?
A
The actual location where the incident has taken place.
16
Q
What are the two different perimeters for crime scenes?
A
- Inner Can only be accessed by crime scene examiner and persons invited in by them
- Outer Prevents all members of the public and others who do not need to be near the scene
17
Q
What does the PEACE acronym stand for?
A
P – Planning And Preparation
E – Engage And Explain
A – Account
C – Closure
E – Evaluation
18
Q
Can a crime scene be re-established at a location within a 24hr period?
A
For same offence – only with warrant For new offence – yes LEPRA s.91(3
19
Q
What is Criminal Procedure Regulation 2017 (NSW), Clause 9K
A
A written statement must also be signed, as a witness, by a person who witnessed the signing of the statement
20
Q
When are the police not required to caution
A
Police do not have to caution when other legislation gives police to do something.
- Demand a driver involved in a collision to supply a version of what happened.
21
Q
What is the difference between direct and circumstantial evidence?
A
Circumstantial goes indirectly to supporting a fact in issue. E.g. family members of offender are given items that belonged to a murder victim).
Direct goes directly to prove or disprove. E.g. fingerprints
22
Q
Section 89 LEPRA.
A
Application of part to premises.
- Premises Of any kind, public or private.
- Public place
- powers executed without a warrant.
- Can be applied to a vehicle, vessel, aircraft in Crime Scene without warrant.
23
Q
What are the 4 core skills of interviewing?
A
- Planning & Preparation
- Active Listening
- Rapport Building
- Questioning
24
Q
What type of offence is property damage exceeding $5000?
A) Table 2 indictable
B) Table 1 indictable
C) Summary
D) Strictly indictable
A
B) Table 1 indictable
25
What are the 3 types of indictable offences?
Minor indictable (2 to \<5 years)
Serious indictable (\>5 years)
Strictly indictable
26
What section of LEPRA tells you when you can establish a crime scene?
A) Section 95
B) Section 90
C) Section 99
D) Section 201
Answer: B) Section 90
27
What is the difference between discrimination and vilification?
Discrimination occurs when a person is treated unfairly because they belong to a particular group of people or have a particular characteristic
Vilification is any public act that could incite others to hate, have serious contempt for, or have severe ridicule of a person based on their actual/perceived race, homosexuality, HIV, AIDS, transgender status, etc.
28
What is the best question to commence an interview with?
* Tell me about…
* What can you tell me about…
29
What is the difference between primary and secondary victims?
Primary: Directly affected
Secondary: Indirectly affected \*victims are defined in S.5 of the Victims Rights and Support Act\*
30
How long can you operate a crime scene without a warrant?
4 hours – Metro
6 hours – Rural
S. 92(3) LEPRA
31
What is the Facts Sheet used for?
* A Facts Sheet’s primary purpose is to inform the court of information it needs to know when sentencing the accused person (Law Notes 18 of 2003)
* On a plea of guilty to a driving or criminal charge, a Facts Sheet is used by the court to establish a case to answer and is tendered to the court by the prosecutor
* A Facts Sheet is used to assist the court in making bail determinations
32
What are the 3 stages of the Conversation Management Model?
* Interviewee’s account
* Police Agenda/Interviewer’s objectives
* Challenge
33
What is a non-eyewitness?
A non-eyewitness is a person who has relevant information that assists the investigation (for example, proof of an element/s). However, they did not witness any part of the offence taking place.
Examples:
1. A taxi driver who drove offender home after an assault
2. Hospital staff who treated a victim's injuries
3. Owner of a mailbox who did not witness the damage occur (commonly called an ownership statement).
34
When do we use a cognitive interview as opposed to a conversation management model?
**Cognitive interview** – willing (victim, witness)
**Conversation Management** – unwilling (usually suspect)
35
Under section 93 LEPRA (2002) who and when do inform about a crime scene when no warrant is required.
**Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Section 3**
93 Notice to senior police officer where warrant not required
3 Interpretation senior police officer means—
(a) a Police Area Commander, or
(a1) a Police District Commander, or
(b) a Duty Officer for a police station, or
(c) any other police officer of the rank of Inspector or above.
36
Section 93 LEPRA.
Inform Senior Officer.
- If a Crime Scene is established for less than 3 hours, a senior officer is to be advised.
37
Who must you report reportable deaths in your PAC/PD to?
The coroner (or assistant coroner)
A constable or up sends the P79A Remember, reportable deaths are defined in s6 of the Coroners Act 2009.
38
What does prima facie mean?
A latin term, loosely translates to “on the face of it”, or “case to answer”. It means that you have all the elements of the offence covered by evidence.
39
Who ultimately decides if evidence is admissible?
The courts
40
What type of offence must be suspected for a crime scene warrant to be applied for 94 of LEPRA?
A) Minor indictable offence
B) Serious indictable offence
C) Any indictable offence
D) Summary offence
Answer: B (liable to 5 years of more imprisonment)
41
What are the 5WH questions?
Who?
When?
Where?
What?
Why?
How?
42
Section 95 LEPRA.
**Preservation Powers (no warrant required)**
- Direct a person to leave.
- Remove if they fail to comply.
- Direct a person not to enter.
- Prevent a person from entering.
- Prevent a person from removing items.
- Remove, cause to be removed, an obstruction.
**Investigation Powers (warrant required unless a public place)**
- Perform necessary Investigations.
- Conduct an investigation or process.
- Open things that are locked.
- Take gas, electricity or other utility.
- Direct that supply of utility to be continuously supplied throughout duration of Crime Scene.
- Photograph and record.
- Seize and detain.
- Dig up Scene.
- Remove wall or ceiling linings, panels from vehicles.
- Other functions.
- Remove things when found.
- Guard Scene.
43
When do we use PEACE?
Suspect interviews and witness/victim statements It is a tool to conduct all interviews
44
What are the 3 tests that evidence must go through to be admissible?
Relevant (s.55 evidence act)
Reliable (s.165 evidence act)
Fair (S.135 evidence act)
45
What is an inference?
Leaping to conclusions
Making assumptions
46
What is temporal coincidence?
When mens rea and actus reus are present at the same time (i.e. they coincide
47
What has to be included in a statement under Section 283B – Criminal Procedure Act 1983
- The Endorsement
- Specify the age
- written statement or such an endorsement on a statement must be written in a language of which the person who made the statement
48
What is the A in the PEACE model?
**Account Open the initial account.**
Just listen!
Expand the initial account Identify topics/focal points – start writing in chronological order
Probe topics/focal points Review – summarise back
49
What are the two types of crime scenes?
* Primary Where the offence has taken place
* Secondary Any location where there may be evidence of criminal activity outside the crime scene
50
Where does the wording for the endorsement come from?
**Criminal Procedure Regulation 2017 (NSW), Clause 9I**
9I Endorsement of written statements
51
What is a secondary crime scene?
Another location where evidence linked to the primary scene may be located, although the incident did not occur there.
52
What is not to go into a fact sheet?
The antecedents do NOT include the accused person’s criminal history
53
What is the C in PEACE?
**Closure**
Ask any questions
Ask them to write down information they think of later
54
When planning an interview there are 3 main criteria you need to consider, list them and provide an example of each.
**Purpose:** (reason for which something is being done)
•To ascertain the truth about the matter under investigation
**Aims:** (desired outcome)
•To ascertain the extent of the witness’s knowledge of the matter being investigated
**Objectives:** (things being sought, specific goals to be achieved)
* Time, day and date of the incident
* If incident relates to property theft, last time it was seen, in what state of security.
* What time, day and date what the property discovered missing?
* If incident relates to property damaged or defaced (Graffiti) what time last seen in order?
* What time, day and date was it discovered altered? And how was it altered?
* Description of the property including identifiable (Serial numbers etc.) or distinguishing (Unique marks or prior damage) features.
* Value?
* Any potential witnesses?
* Any potential suspects?
55
When can you establish a crime scene? (S. 90 LEPRA)
-TOE
**Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), Section 90**
**90 When crime scene may be established**
(a) Offence linked to Serious injury/traffic accident is/was/may be occurring on premises
(b) Serious indictable offence is/was/may be occurring on premises
(c) Evidence of Serious indictable offence committed elsewhere
(2) Interstate Serious indictable offence
T- Traffic
O- Offense (Indictable)
E- Evidence.
An offence committed in connection with a traffic incident that has resulted in the death of or serious injury to a person is being, or was, or may have been, committed on the premises and that it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence a serious indictable offence is being, or was, or may have been, committed on the premises and it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence there may be in or on the premises evidence of the commission of a serious indictable offence that may have been committed elsewhere and it is reasonably necessary to establish a crime scene in or on the premises to preserve, or search for and gather, evidence of the commission of that offence.
56
When would you use closed questions?
To clarify information
To get information quickly
57
**Evidence of Police Officers**
For a police statement to be read out in court, the statement must be (MSG):
* **_M_**ade at the time or soon after the event
* **_S_**igned when it was made
* **_G_**iven to the accused person or their legal representative a reasonable time prior to the hearing
58
What are Antecedents?
* The antecedent is included in the Facts Sheet to provide the court with information on the accused person when a penalty (good behaviour bond, fine, custodial sentence, etc.) is being imposed
* The police ask the accused about their background and circumstances as they commence the Facts Sheet. The antecedents will cover whether the accused is employed, for how long they have been employed, what they earn, whether married, if they have dependents, etc.
* NEVER INCLUDE THE ACCUSED’S CRIMINAL HISTORY IN THE ANTECEDENTS.
59
Name four 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
* Record any action about evidence in your notebook
* Guard the crime scene and prevent unauthorised entry
* Advise DOI/Duty officer of your actions and particulars
* Record a log in your notebook
* Provide the investigating officer with your details before you leave
* Obtain the signature of the senior investigating officer in your notebook when you are relieved of your crime scene duties
60
Section 96 LEPRA.
Offence to obstruct or hinder.
- Cannot obstruct or hinder.
- A person must not fail to comply with a request.
61
What is the P in the PEACE model?
Planning and Preparation Include:
**Background information**
* Incident under investigation,
* character of interviewee
**Planning the interview**
* Purpose, aims, objective
**Legal considerations**
* Age, impairments, support, representation
* (LEPRA Part 9 also applies here)
* Administrative arrangements Location, timing, appropriateness of interviewer, equipment
62
Why do police investigate?
To search for the truth
63
PART 7 2002 (NSW) contains a number of sections governing?
* When crime scenes may be established
* What type of premises this part of LEPRA applies to
* Powers that police can exercise at crime scenes
* When certain powers can be exercised (depending on the type of premises involved)
* Safeguards and offences.
64
What is the role of the coroner?
To investigate and make findings about sudden, violent, suspicious, or unnatural deaths See Coroners Act 2009 s3 In NSW they have the jurisdiction to investigate the cause/origin of fires/explosions Their role is judicial and investigative
65
What are 3 types of evidence?
* Original
* Real
* Documentary
66
What is a Statement?
A statement is a written record of the information (evidence) that a person (victim/witness) can provide a court.
67
What is the hierarchy of secondary identification methods?
* Crowd scene
* Picture identification
* In-court identification
68
What goes into the first four paragraphs of a police statement?
* Paragraph one Endorsement
* Paragraph two your Age
* Paragraph three **how are you refreshing your memory (contemporaneous notes)** Paragraph 3 ought to provide a reference to the contemporaneous notes the police officer referred to in the preparation of their statement. It contextualises the preparation of the statement; it provides evidence to assist in satisfaction of the Evidence Act 1995 (NSW), Section 33.
* Paragraph four **Detailing the rostered shift, and the fact that they were in full police uniform,** helps verify the officer’s compliance with the safeguards of LEPRA 2002 (NSW), Section 202.
69
What is the standard of proof for civil cases?
Balance of probabilities Burden of proof is on the plaintiff Evidence Act
70
Section 88 LEPRA.
Crime Scene Powers if lawfully on premises.
- Establish a Crime Scene.
- Exercise Crime Scene powers.
- Stay on premises for those purposes.
71
Why do police interview?
* To gather information
* A conversation with a purpose,
* Establish facts, scrutinise evidence, make lines of enquires
* The witnesses and victims are the eyes and ears. Their accounts help police build a picture of what happened.
72
What does the prosecution need to prove in order to establish that a person is criminally liable for an act?
Mens rea And Actus reus
73
What is the difference between STOPAR and PEACE?
PEACE applies to the interview portion
74
When do you record only particulars?
Obtain particulars when:
* A person may not have witnessed or been able to give any relevant information about the incident
* The offence is minor in terms of seriousness
* All reasonable avenues of investigation have been explored but proved fruitless (for example, no suspect can be identified)
The incident reported does not amount to an offence
75
What is the standard of proof for criminal offences?
* Beyond a reasonable doubt
* Burden of proof is on the prosecutor Evidence Act
76
Once evidence is determined to be admissible, what are 3 more tests it must go through before the matter can go to trial? (include there meanings)
* **Prima Facie** – Evidence remains that still covers all the elements
* **Sufficiency** – Enough evidence remains to form a reasonable prospect of conviction.
* **Public Interest** – Is it in the interest of the public to spend the courts time on this matter
77
Under what act and section do you caution a person?
**Evidence Act 1995**,
## Footnote
**139 Cautioning of persons**
78
Section 95 of LEPRA outlines what?
A) When a crime scene can be established
B) When you can exercise powers at a crime scene
C) What powers you can exercise at a crime scene
D) When you can apply for a crime scene warrant
Answer: C
79
What are 3 examples of unreliable evidence?
* Hearsay evidence
* Visual identification evidence
* Opinion evidence
There are exceptions to all 3, which can make them reliable and therefore admissible
80
What is a Eyewitness?
An eyewitness is a person who has witnessed the offence.
Examples:
1. Victim of assault
2. A security guard who witnessed an assault
3. Owner of a mailbox who witnessed an offender damage the mailbox.
81
What is the difference between inculpatory and exculpatory evidence?
**Inculpatory incriminates** E.g. DNA found in a stolen car
**Exculpatory exonerates** E.g. Evidence of an alibi
82
Section 94 - Crime Scene Warrants.
- Preserving, searching and gathering, in relation to a serious indictable offence or traffic accident resulting in death or serious injury.
83
What are the components of a fact sheet?
- **Key ingredients** include Antecedents, Disclosure and elements of the offence/s
- **Additional ingredients** include type and volume of evidence, investigation procedures, admissions and your reasonable cause to suspect.
- **Procedural ingredients** include Co-offenders, victim/s, injuries, property/drug value, compensation, expert evidence.
84
What is the role of the Intelligence Officer in the PAC/PD
To gather and analyse intelligence data and provide accurate and timely information and reports on crime, community and management issues affecting Police Area Command and Region operations.
85
What is the current strategy on sexuality and gender diversity within NSW police called?
NSW Police Force Strategy on Sexuality, Gender Diversity and Intersex 2016-2020
86
What are the TEDS questions?
Tell me
Explain to me
Describe to me
Show me
They are a guide for open questions
87
What types of offences can be tried summarily?
Summary Table 1 indictable Table 2 indictable
Strictly indictable cannot be heard at local court.
88
Section 91 LEPRA.
Establishment of a Crime Scene.
- In any way that is appropriate.
- Give notice if possible.
- Not more than once in a 24 hour period
- unless by warrant.
89
What is the 2nd E in the PEACE model?
* Evaluation: What went well? What didn’t go well?
* Is your investigation complete or other avenues of enquiry open?
* What next? (Charge, close/suspend matter, etc)
90
When is a Facts Sheet prepared?
Whenever criminal proceedings are instigated against a person by way of:
* Field CAN
* Future Service CAN
* Arrest and CAN (Bail or No Bail CAN)
91
Under what regulation and section cam, Signing of written statements by maker or another person on the maker’s behalf
**Criminal Procedure Regulation 2017 (NSW), Clause 9K**
92
Section 92 LEPRA.
Exercise of powers.
- Once Crime Scene declared, powers listed in 95 (1)(a-f).
- Other powers once warrant obtained, or
- To preserve.
93
What section of the Police Act protects you from civil liability?
Section 213 – As long as you are doing the best you can, acting in good faith, and not being negligent.
94
What are the 3 major periods of Child Removal (Aboriginal history)
* Colonial period
* Protection era
* Assimilation era
95
What is Locard's Theory of Transference?
"Every contact leaves a trace"
96
True or false: Homosexuality was an offence in NSW until 2008
False. It was decriminalised in 1984.
