Session One Investigative Practice Flashcards
Section 90 LEPRA.
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.
What is the mission of police?
Working with the community to reduce violence, crime and fear. Police Act, S.6(1)
What are the two types of admissible opinion evidence?
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
What are the 6 interview Closing Questions?
- ___________________________________________?
- ___________________________________________?
- ___________________________________________?
- ___________________________________________?
- ___________________________________________?
- ___________________________________________?
(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?
When do you obtain a statement?
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).
What is strict liability?
Needs only actus reus (e.g. traffic)
What is not to be disclosed in a statement?
include the regulation
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
True or false: Hearsay is a kind of unreliable evidence
True
What are fact sheets?
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
What are the 2 sources of law in NSW?
Common Law Statute Law
In what situations may hearsay evidence be deemed admissible? Give 3 examples
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
Negligence occurs when an action was
Foreseeable
Not insignificant In the circumstances, a reasonable person in that person’s position would have taken those precautions
What does ADVOKAT stand for?
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
What does the first E stand for in PEACE?
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
What is a primary crime scene?
The actual location where the incident has taken place.
What are the two different perimeters for crime scenes?
- 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
What does the PEACE acronym stand for?
P – Planning And Preparation
E – Engage And Explain
A – Account
C – Closure
E – Evaluation
Can a crime scene be re-established at a location within a 24hr period?
For same offence – only with warrant For new offence – yes LEPRA s.91(3
What is Criminal Procedure Regulation 2017 (NSW), Clause 9K
A written statement must also be signed, as a witness, by a person who witnessed the signing of the statement
When are the police not required to caution
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.
What is the difference between direct and circumstantial evidence?
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
Section 89 LEPRA.
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.
What are the 4 core skills of interviewing?
- Planning & Preparation
- Active Listening
- Rapport Building
- Questioning
What type of offence is property damage exceeding $5000?
A) Table 2 indictable
B) Table 1 indictable
C) Summary
D) Strictly indictable
B) Table 1 indictable
What are the 3 types of indictable offences?
Minor indictable (2 to <5 years)
Serious indictable (>5 years)
Strictly indictable
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
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.
What is the best question to commence an interview with?
- Tell me about…
- What can you tell me about…
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*
How long can you operate a crime scene without a warrant?
4 hours – Metro
6 hours – Rural
S. 92(3) LEPRA
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
What are the 3 stages of the Conversation Management Model?
- Interviewee’s account
- Police Agenda/Interviewer’s objectives
- Challenge
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:
- A taxi driver who drove offender home after an assault
- Hospital staff who treated a victim’s injuries
- Owner of a mailbox who did not witness the damage occur (commonly called an ownership statement).
When do we use a cognitive interview as opposed to a conversation management model?
Cognitive interview – willing (victim, witness)
Conversation Management – unwilling (usually suspect)
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.
Section 93 LEPRA.
Inform Senior Officer.
- If a Crime Scene is established for less than 3 hours, a senior officer is to be advised.
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.
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.