Study Flashcards
1) An immediate statement taken in circumstances where you believe the victim may die
a) Must be signed in order to be admissible
b) May be admissible if it is not signed
c) Must be made in the presence of a medical officer who confirms they believe the death of the victim is imminent
b) May be admissible if it is not signed
2) Which of the following scenarios could affect the reliability of a suspect interview record? When the suspect being interviewed is:
a) Sometimes confused when changing her version of events.
b) Tired and clearly unwell but is not offered an interview break.
c) Informed of the circumstantial evidence already held by Police.
b) Tired and clearly unwell but is not offered an interview break.
3) 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:
a) Make a notebook entry of his details and his demeanour.
b) Get him to draw a sketch to aid your scene reconstruction.
c) Give him his rights and gather sufficient information to details.
OR
d) arrest him and transport him to the Police Station
e) ask him to show you where he has been in the crime scene
f) consider conducting a preliminary interview
a) Make a notebook entry of his details and his demeanour.
f) consider conducting a preliminary interview
4) 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?
a) Arrange for their lawyer to attend at a time suiting the circumstances
b) Advise the suspect of that fact and proceed to interview
c) Advise the suspect of that fact and the reason for the delay
c) Advise the suspect of that fact and the reason for the delay
5) Which of the following behaviours demonstrated by a lawyer at interview would be unacceptable?
a) Challenging the interviewer on the validity of the allegations made
b) Challenging a question put to their client that they believe to be improper
c) Challenging the manner in which a question is put to their client
a) Challenging the interviewer on the validity of the allegations made
6) Section 103 of the Evidence Act 2006 recognises the rights of a special consideration witness by:
a) Providing opportunity for their evidence in chief to be given to the court in an alternative way
b) Allowing them to have a support person in court to assist them to give their evidence
c) Protecting them from cross-examination by the defence who can question any witness
a) Providing opportunity for their evidence in chief to be given to the court in an alternative way
7) You have arrested an adult male and want to interview him further. Which of the following statements is most correct?
a) You can interview him while being mindful of the need to proceed to court as soon as possible
b) You can interview him at length to gather any evidence with which to progress the charge against him
c) You can interview him for a short time only as he must be fairly and reasonably treated while in custody
a) You can interview him while being mindful of the need to proceed to court as soon as possible
8) During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint. Should a suspect’s complaint affect the interview progress in any way?
a) No, the interviewer may use their discretion to continue the interview and overlook the complaint
b) Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview
c) Yes, the interview must be stopped and the complaint details recorded and appropriately addressed
b) Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview
9) After charging a shoplifter with theft and lodging her in the cells, you receive information leading you to suspect her of further thefts. According to Chief Justice Practice Note Guideline 2 you should:
a) Reconvene the interview, caution her and ask questions relating to both offences
b) Interview her again on video, caution again and question her about the new allegations
c) Reconvene the interview, question her further about all the stolen items
b) Interview her again on video, caution again and question her about the new allegations
10) When you are interviewing a male suspect under caution about a minor assault on his partner he makes admissions about an unrelated serious assault on another person. What should you do?
a) Re-administer the caution but continue to interview him about the original offence
b) Re-administer the caution before interviewing him about the new offence
c) Shift the focus of the interview to the new offence as he is already under caution
a) Re-administer the caution but continue to interview him about the original offence
11) When a witness signs the declaration on a witness statement the interviewer must ensure the witness understands they are agreeing that - To the best of their knowledge and belief their statement is true and:
a) They have read over what is written, agree they have been fairly treated but have nothing more to add
b) They know how the statement may be used and the consequences of giving false or misleading information
c) They have been told how their statement will be used and are prepared to give evidence in court if required
b) They know how the statement may be used and the consequences of giving false or misleading information
12) If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the court will:
a) Make you honour the promise and rule the evidence as inadmissible
b) Allow you discretion whether or not to divulge the “off the record” statement
c) Require you to give evidence including the “off the record” statement
a) Make you honour the promise and rule the evidence as inadmissible
13) The Chief Justice Practice Note on Police Questioning:
a) Prevents the need to repeat Bill of Rights advice when arrest occurs at interview
b) Overrides the requirements for section 23 of the NZ Bill of Rights Act 1990
c) Directs the conduct of Police interviewing practice as guided by the judiciary
c) Directs the conduct of Police interviewing practice as guided by the judiciary
14) A suspect elects his right to silence at interview. You give the allegations and prepare a statement accordingly. He refuses to sign it. Which of the following actions would you take?
a) Remind him of his right to a lawyer and postpone the interview
b) End interview and request a senior officer sign the interview record
c) Record his refusal to sign the interview record and close the interview.
c) Record his refusal to sign the interview record and close the interview.
15) In relation to cross examination which of the following answers is correct?
a) Where it is obvious that a person is lying, repetitive questions will elicit the truth
b) Questions aimed at establishing further facts from answers give are acceptable
c) Police may use any means of questioning to elicit the truth from an offender
b) Questions aimed at establishing further facts from answers give are acceptable
16) As the interview proceeds the suspect 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?
a) No, you should proceed to fairly explain the allegations making a notebook record of events before closing
b) Yes, if the suspect is maintaining his right to silence then he is delaying the processes so you can stop indefinitely
c) No, the suspect must be taken before the court as soon as possible and delaying the process may affect this
a) No, you should proceed to fairly explain the allegations making a notebook record of events before closing
17) When planning an interview with a special consideration witness (vulnerable) witness the investigator should:
a) Consult a supervisor to make decisions about the interview
b) Conduct the interview promptly to avoid memory loss
c) Prepare to use Conversation Management to maximise the witness account
a) Consult a supervisor to make decisions about the interview
18) Representation refers to the behaviour of the interviewer who:
a) Promises a favour in return for a requested action
b) Does not advise the suspect of the right to a lawyer
c) Allows the suspect to have a support person in the interview
a) Promises a favour in return for a requested action
19) The ‘truth may be elusive, so you may need to be persistent’. In this statement ‘persistent’ refers to interviewer behaviour and means.
a) Asking questions for as long as it takes to get a full and truthful account from the suspect.
b) Asking a question in many different ways so that any lies told will become more apparent.
c) Asking questions in a manner that will stand up to the scrutiny of the court.
c) Asking questions in a manner that will stand up to the scrutiny of the court.
20) A witness with intellectual, psychological or psychiatric impairment:
a) Should not be called upon to perform as a reliable witness in court.
b) Requires a support person in all interaction with police and the court.
c) Is a witness entitled to special consideration from police and others.
c) Is a witness entitled to special consideration from police and others.
21) You are interviewing an offender arrested for ‘receiving’. While attempting to establish the identity of the original thief the offender begins to tell conflicting accounts. You now decide to change interview styles and being to very strongly put questions to him demanding explanations and answers to your questions. He eventually gives the identity of the thief and other evidence against himself. Would the above evidence by your offender be admissible in Court?
a) No, because the offender was in custody and questions must not amount to cross-examination.
b) Yes, because demanding answers to questions and using your personality.
c) No, once a person has been arrested for an offence they cannot be interviewed about the original offence.
a) No, because the offender was in custody and questions must not amount to cross-examination.
22) When there are multiple witnesses to a serious incident/ offence the investigator should:
a) Listen to their collective recall of events and assess who can provide the most accurate recall of the incident
b) Separate the witnesses, conduct a brief initial interview with each and gather witness details
c) Separate the witnesses as soon as feasible, ask them to wait and call for advice and assistance
b) Separate the witnesses, conduct a brief initial interview with each and gather witness details
23) When explaining the caution to an adult suspect who suffers from an intellectual disability you should give them their rights and:
a) Ask them to repeat the caution so you can check their understanding
b) Ask their support person to repeat the caution to confirm the suspect understands
c) Ask them to tell you in their own words what the caution means to them
c) Ask them to tell you in their own words what the caution means to them
24) Which of the following statements is incorrect. A witness in a Free Recall (FR) interview:
a) Can be asked to make a sketch plan or drawing
b) Should be challenged following their first FR account
c) Should begin their account following a TEDS type question
b) Should be challenged following their first FR account
25) Which of the following statements about the Free Recall (FR) model is generally true? When using the FR model the interviewer:
a) Does not explain the ground rules
b) Does not include a challenge phase
c) Does not ask probing questions
b) Does not include a challenge phase
26) Which of the following scenarios could be an example of an interview record that has been improperly obtained? When the suspect?
a) Is asked to explain (challenged) about his different version of events
b) Declines the support of an interpreter although one is clearly present
c) Repeatedly asks for a lawyer but the interview continues on without one
c) Repeatedly asks for a lawyer but the interview continues on without one
27) According to Criminal Justice Practice Note Guideline 4, when you are questioning a suspect about statements made by a witness you should:
a) Explain the substance or nature of the witness statements to them
b) Tell the suspect you have a witness statement that incriminates them
c) Read the entire witness’s statement word for word to the suspect
a) Explain the substance or nature of the witness statements to them
28) When a DVD of an adult witness interview is to be used as evidence-in-chief then the O/C case must ensure:
a) All matters that may be the subject of cross-examination are covered in the video
b) A support person was present in the interview room during the interview
c) The witness has viewed the video and given their signed consent for it to be used
c) The witness has viewed the video and given their signed consent for it to be used
29) When conducting a suspect interview at the police station you are informed that a lawyer has arrived saying she is to act for the suspect and asking to see him. The suspect has given you no indication that he wishes to speak to a lawyer. What action should you take?
a) Ask the suspect if he wants a lawyer, and if not, advise the lawyer of that fact
b) Ensure the lawyer is told the suspect has not asked for a lawyer and continue
c) Tell the suspect the lawyer is at the station to see him and act on the suspect’s wishes
c) Tell the suspect the lawyer is at the station to see him and act on the suspect’s wishes
30) On being shown to the station’s interviewing room to consult with her client, a lawyer complains that a video machine is on and can be monitored from an adjacent room. She refers to the client’s rights to consult in private and requests the video machine is turned off. What response should she receive?
a) The machine will be turned off immediately as requested.
b) Authorisation must be obtained from a senior officer.
c) She must make this request in writing for the case record.
a) The machine will be turned off immediately as requested.
31) Which of the following scenarios could be an example of evidence that has been improperly obtained? During an interview with a new immigrant the interviewer:
a) Questions persistently when the suspect changes his story
b) Takes many breaks throughout a lengthy period of interview
c) Does not ensure the suspect really understands his rights
c) Does not ensure the suspect really understands his rights
32) When should an investigator visually record a witness interview?
a) Whenever an interviewing suite and required resources are available.
b) Whenever the witness is identified as a special consideration witness.
c) When the interview is needed for completeness and accuracy of evidence.
c) When the interview is needed for completeness and accuracy of evidence.
33) When should witness interviews be conducted?
a) As soon as a suitable interviewing room and recording resources are available
b) When the witness has had time to talk with a support person and get their thoughts together
c) As close in time to the incident/offence as possible to minimise memory loss and contamination
c) As close in time to the incident/offence as possible to minimise memory loss and contamination
34) When a witness has provided a description that matches the suspect, the best way to present this as a challenge during the suspect interview is to say:
a) “We have evidence from witnesses that you were at the scene”
b) “A witness has identified you as the person who committed the offence”
c) “A witness has provided details of an offender that fits your description”.
c) “A witness has provided details of an offender that fits your description”.
35) You and a colleague are separately interviewing two suspects at the station. Your suspect is uncooperative so you leave the room, return five minutes later and tell him that his friend has admitted taking part in the burglary. He shrugs, readily admits his involvement and later pleads guilty. Would the above admission by your suspect be admissible in Court?
a) No, because your suspect was not given a written statement from the other suspect.
b) No because the admission was obtained by misrepresenting the truth to your suspect.
c) Yes, because there was no duress and the suspect freely made the admission of guilt.
b) No because the admission was obtained by misrepresenting the truth to your suspect.
36) A special consideration witness may be described as “vulnerable”. Vulnerable means that:
a) Angry, suspicious, defenceless.
b) Susceptible, defenceless, in a weak position.
c) Suspicious, inconsistent, stressed.
b) Susceptible, defenceless, in a weak position.
37) Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable?
a) Challenging the manner in which a question is posed to their clients.
b) Answering the interviewer’s questions on behalf of their client.
c) Giving their clients competent legal advice in relation to their case.
b) Answering the interviewer’s questions on behalf of their client.
38) The Investigative Interviewing Suspect guide provides direction on how to introduce a challenge. It suggests a process of using a sequence of phrases starting with key words:
a) You said…We know…Tell me…
b) You said…We have…Explain that…
c) You said…I know…Why is that…
b) You said…We have…Explain that…
39) Care must be taken in Police interaction with a witness because:
a) A witness’s needs and individual circumstances must be taken into account by an interviewer.
b) A witness is a vulnerable person and must be fairly treated by an interviewer to get the best from them.
c) A witness will assist the interviewer to build a case against the suspect and subsequently give useful evidence.
a) A witness’s needs and individual circumstances must be taken into account by an interviewer.
40) According to the investigative interviewing doctrine which of the following statements about probing questions is correct.
a) An interviewer must follow a witness account with probing questions.
b) An interviewer should initiate a suspect account with a probing question.
c) An interviewer should avoid asking probing questions beginning with why.
c) An interviewer should avoid asking probing questions beginning with why.
41) An appropriate support person for a special consideration adult witness should be present in the room during interview when the interviewer:
a) Requires the support person to interpret
b) Decides it is in the interest of the witness.
c) Decides it is in their own interests.
b) Decides it is in the interest of the witness.
42) A special consideration witness is one who:
a) Is more likely to give a statement that will be difficult to corroborate thereby creating more work for the investigator
b) Is unable to remember details of the offence they witnessed due to the time that has lapsed before the interview
c) Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily
c) Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily
43) 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?
a) When the suspect stated to you that it was the dairy owner’s fault that the window had been broken.
b) At the time the suspect was informed that they would now be arrested for the offence of Intentional Damage.
c) At the end of the interview and prior to the suspect being arrested for the offence of Intentional Damage.
a) When the suspect stated to you that it was the dairy owner’s fault that the window had been broken.
44) After witnessing an assault you approach and arrest the offender. He refuses to say anything to you. 30 minutes later at the station the offender states that he wishes to speak to you about the incident. When interviewed he tells you why the assault took place. At what point during this incident should this offender have received the Rights/Caution/.
a) At the time the offender was arrested for assaulting the other person, and prior to any interview when he was in custody.
b) At this time of arrest only because once an offender is arrested the Rights/Caution lasts for the next two hours.
c) At the start of the interview while he was in custody and upon the offender eventually admitting the assault
a) At the time the offender was arrested for assaulting the other person, and prior to any interview when he was in custody.
45) Police may interview a person in custody. A person is “in custody” when:
a) Words of arrest and physical touch clearly signals the person is not free.
b) Words of arrest are spoken and the person is held in the cells.
c) Words of arrest are spoken and the person is formally cautioned.
a) Words of arrest and physical touch clearly signals the person is not free.
46) Should a person who is intoxicated at interview be treated as a special consideration witness?
a) Yes because their ability to give accurate information is affected.
b) No because alcohol only temporarily impairs their ability to talk.
c) Yes because they will not fully understand the reason for the interview.
a) Yes because their ability to give accurate information is affected.
47) Which example is incorrect? A written statement from a witness interview:
a) Cannot include slang, swearing or colloquialisms as it is a legal document
b) Should ideally be recorded on Police investigative interviewing form II
c) Must record the witness narrative of events in the chronological order they occurred.
b) Should ideally be recorded on Police investigative interviewing form II
48) After charging an offender with burglary and placing him in the police cells, he later decides to tell you where he has hidden the property he stole during the burglary. According to the Chief Justice Practice Note Guidelines, you should:
a) Reconvene the interview to gain an account but refrain from asking him any questions.
b) Reconvene the interview, caution him, gain his account and question him further.
c) Reconvene the interview and question him about the information he is now offering.
b) Reconvene the interview, caution him, gain his account and question him further.
49) Immediately before you ask a suspect to give their account of the events in question, you should explain:
a) The evidence you have its significance for the suspect
b) The events leading to the suspect agreeing to be interviewed
c) What will happen with the video record after the interview.
b) The events leading to the suspect agreeing to be interviewed
50) Probing or closed questions are ones that encourage only a relatively small range of responses, usually a short word or phrase. According to the material in the Investigative Interviewing doctrine, which of the following statements about probing questions would be incorrect.
a) Probing questions are the preferred way to start a suspect interview.
b) Probing questions are used to get detail from the suspect or witness
c) Probing questions usually begin with what, why, when, who and how.
a) Probing questions are the preferred way to start a suspect interview.
51) The role of the interview support person for a special consideration witness is to:
a) Ensure their well-being and support their understanding of that is happening.
b) Protect the witness from wrongfully incriminating themselves or others.
c) Empathise with the witness and assist them in giving their account.
a) Ensure their well-being and support their understanding of that is happening.
52) You are about to interview a 15 year old burglary suspect when his nominated person informs you the suspect has the mental age of a 5 or 6 year old. In the given circumstances, which is the most appropriate interview model to use?
a) Minimise any confusion for the suspect by using the Conversation Management model
b) Maximise the information collection by using the Direct Questioning model
c) Minimise the risk of influencing the suspect by using the Free Recall model
c) Minimise the risk of influencing the suspect by using the Free Recall model
53) A serious assault has occurred at a private party. When you arrive at the scene you wish to speak to the patrons about the assault. In the given circumstances Police behaviour must reflect Guideline 1 of the Chief Justice Practice Note which is:
a) You may arrest a person that refuses to answer your questions for obstruction
b) You must not suggest through words or actions that a person must answer your questions
c) You can remind a person who refuses to answer your questions that they can be legally penalised
b) You must not suggest through words or actions that a person must answer your questions
54) When cautioning a suspect you are not obliged to inform the suspect that:
a) They can have a lawyer present at the interview free of charge
b) Police may use any statement they make as evidence
c) They can decide with a lawyer whether to go on video or not
c) They can decide with a lawyer whether to go on video or not
55) If a witness becomes a suspect during interview, then the interviewer should:
a) Switch to Conversation Management to control the suspect and continue to interview
b) Caution and detain the witness, close the interview and inform their supervisor
c) Caution, shift to procedures for interviewing suspects, and ensure the suspect is visually recorded
c) Caution, shift to procedures for interviewing suspects, and ensure the suspect is visually recorded
56) When interviewing a person suspected of committing an offence, when should the caution be administered?
a) When you have sufficient evidence to charge a person with an offence.
b) As soon as a substantial case is established against the suspect.
c) When there are grounds to believe the suspect committed the offence.
a) When you have sufficient evidence to charge a person with an offence.
57) 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:
a) Consider their concerns, assess their reasons, discuss with your supervisor if a visually recorded interview is required.
b) Consider their concerns and do not proceed with the interview if they do not have a support person.
c) Alert a supervisor to their status as a special consideration witness and the need for a specialist interviewer.
a) Consider their concerns, assess their reasons, discuss with your supervisor if a visually recorded interview is required.
58) 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?
a) Yes, the police cannot arbitrarily speak with anyone they wish when investigating crime
b) Yes, police only have the right to speak to the woman after she has been given her Rights/Caution
c) No, an officer may ask questions of any person from whom it is thought useful information may be obtained
c) No, an officer may ask questions of any person from whom it is thought useful information may be obtained
59) A suspect declines the services of a lawyer but although he agrees to an interview he says “if you keep that video running I won’t say anything.” What should you do?
a) Continue with the video record and tell him that it is his choice whether or not to answer your questions
b) Explain the advantages of a visually recorded interview and say he has the option of preparing a written statement
c) Turn the video tape off and get his word that he will sign your written record of the interview
b) Explain the advantages of a visually recorded interview and say he has the option of preparing a written statement
60) Who is responsible for filing formal statements?
a) The Prosecutor
b) The Registrar
c) The OC case
a) The Prosecutor
61) The Judge must exclude a defendant’s statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?
a) Probable cause
b) Balance of probabilities
c) Beyond reasonable doubt
b) Balance of probabilities
62) A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and.
a) The defence is provided with the total evidence at disclosure
b) The court is provided with an appropriate basis for sentence
c) The prosecution is provided with sufficient admissible evidence
b) The court is provided with an appropriate basis for sentence
63) What must happen before a Judge can require a plea to be entered?
a) The defendant’s second appearance
b) Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice
c) The defendant has had the opportunity to obtain legal advice
b) Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice
64) When applying the evidential test you must consider if there is sufficient admissible evidence to . . .
a) Suspect an offence has been committed
b) Establish a prima facie case
c) Provide a reasonable prospect of conviction
c) Provide a reasonable prospect of conviction
65) In applying the evidential test you must determine if there is a reasonable prospect of conviction through examining the:
a) Validity of the admissible evidence
b) Completeness of the admissible evidence
c) Sufficiency of the admissible evidence
c) Sufficiency of the admissible evidence
66) You are considering charging someone with Burglary. Before you do you must satisfy the Test for Prosecution contained in the Solicitor-General’s Prosecution Guidelines. Which component of the test should you conduct first?
a) It doesn’t matter which order we complete the tests, we should always do both
b) The public interest test - if prosecution is of benefit to the public we can then consider the evidential test
c) The evidential test - if the evidence meets the evidential test we can then consider the public interest
c) The evidential test - if the evidence meets the evidential test we can then consider the public interest
67) The meaning of the term ‘arbitrary detention’ as explained in the case R v Goodwin (1993) is:
a) When words or conduct of an officer cause a person to believe that he or she is not free to go
b) When an officer tells a person in no certain words or conduct that they are not free to go.
c) When words or conduct of an officer cause a reasonable person to believe that they are not free to go.
a) When words or conduct of an officer cause a person to believe that he or she is not free to go
68) After issuing a summons you then decide not to commence a prosecution. What must you do next?
a) Take all reasonable steps to advise the defendant that there will be no prosecution, prior to the date summonsed
b) File a Charging Document as you must always commence a prosecution after serving a summons
c) No action required. The Prosecutor will advise the defendant when he/she appears at Court
a) Take all reasonable steps to advise the defendant that there will be no prosecution, prior to the date summonsed
69) A person is in custody when
a) Words of arrest are spoken and the person is advised the nature of their charge.
b) words of arrest are spoken and the person is formally cautioned
c) Words of arrest are spoken and physical touch clearly signals the person is not free.
c) Words of arrest are spoken and physical touch clearly signals the person is not free.
70) Are pre-trial admissibility hearings available before both Judge-alone and jury trials?
a) No
b) Pre-trial hearings are only for jury trials
c) Yes
c) Yes
71) Johnny Smith is served with a summons to appear in Court in 2 months’ time. The Charging Document has not yet been filed. When must the Charging Document be filed?
a) As soon as reasonably practicable after the service of the summons
b) Within 7 days of the issuing of the summons
c) Anytime up to and including the first appearance date on which the defendant is required by the summons to appear
a) As soon as reasonably practicable after the service of the summons
72) What are the aims of case management discussions?
a) To fill in the PPS file analysis form
b) To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
c) To determine what type and length of sentence the defendant will plead guilty to, and resolve any issues before trial
b) To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
73) Which test is described in this statement? It is met if there is sufficient admissible evidence to provide a reasonable prospect of conviction.
a) The Evidential Test
b) The Public Interest Test
c) The Admissibility Test
a) The Evidential Test
74) When deciding whether to commence prosecution by laying charges, which of the following tests must be applied?
a) The evidential test and the public interest test
b) The prima facie test and the public interest test
c) The prima facie test and the evidential test
a) The evidential test and the public interest test
75) If your file has been sent back because you have been tasked with completing remedial work before case management discussions, what is the latest time that the file needs to be with the PPS office?
a) The day the Case Management Memorandum is to be filed
b) 1 week after you are tasked with the work
c) Five working days before the case management discussion
c) Five working days before the case management discussion
76) Can a person charged with Male assaults Female (section 194(b) Crimes Act 1961) a category 3 offence, elect a jury.
a) No
b) Yes
c) It is at the prosecutor’s discretion
b) Yes
77) The case R v Weaver (1956) defined the term ‘cross-examination’ as it applies to interviewing suspects. How was cross-examination defined in that case?
a) Questions put to a suspect to either whittle down or differentiate answers already given because their answers are not accepted
b) Questions put to a person for the purpose of testing statements that they have already made to confuse or to trip them up
c) Repetitious questions on the same fact are put for the purpose of whittling down or gaining different answers to those already given
a) Questions put to a suspect to either whittle down or differentiate answers already given because their answers are not accepted
78) Although judge may exclude an interview based on unreliability, this does not exclude the interview being offered as evidence of the:
a) Inconsistency of any prior statements.
b) Views allegedly made by the defendant.
c) Defendant’s physical or mental condition.
c) Defendant’s physical or mental condition.
79) Roger has been charged with Aggravated Burglary, a category 3 offence. He is pleading not guilty and wants to elect a jury trial. When can he make an election?
a) At any time before the case management discussion.
b) At the same time he enters his not guilty plea.
c) He cannot elect a jury trial for a category 3 offence.
b) At the same time he enters his not guilty plea.
80) If no Police Bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?
a) No more than 10 working days from the date bail was granted.
b) No more than 7 consecutive days from the date bail was granted.
c) No more than 14 days from the date bail was granted.
c) No more than 14 days from the date bail was granted.
81) Under the Crown Law Prosecution Guidelines 2010: When the admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must:
a) Identify the most appropriate and total number of charges to be laid.
b) Proceed to prosecute as it is clear an offence has been committed.
c) Apply the public interest test to determine if a prosecution is required.
c) Apply the public interest test to determine if a prosecution is required.
82) Under section 23 of the Bill of Rights Act 1990 a person has the right to be treated with humanity and with respect for their inherent dignity. Who does this section apply to:
a) everyone
b) everyone charged with an offence
c) everyone arrested or detained
c) everyone arrested or detained
83) When do you caution a youth?
a) Before asking any questions intended to obtain an admission
b) When there is circumstantial evidence against the youth
c) When you are reasonably certain they have offended
a) Before asking any questions intended to obtain an admission
84) When deciding on the admissibility of a youth’s interview, an overriding principle that will guide the judge is:
a) That the interview was conducted in compliance with the terms of the Chief Justice Practice Note
b) Whether the youth was fully informed of their rights according to s215 of CYP and their Families Act
c) Whether the interview was fairly conducted in acceptance of the CYP’s vulnerability which entitles them special protection
b) Whether the youth was fully informed of their rights according to s215 of CYP and their Families Act
85) A youth suspect (14 yrs) is asked who he wishes to have as his nominated person at interview. His parents are divorced and although he lives locally with his mother he nominates his father who lives out of the district. Which of the following actions is most appropriate in the given circumstances?
a) Advise the mother of the circumstances and request she be the nominated person
b) Ask the youth to nominate another adult as the request cannot be reasonably met
c) Advise the father of the circumstances and make enquiries about his availability
c) Advise the father of the circumstances and make enquiries about his availability
86) When you are satisfied on reasonable grounds that an arrest of a youth (15years) without warrant is necessary in the circumstances, which section of the Children Young Persons and their Families Act 1989 overrides any other enactment in making an arrest?
a) Section 214
b) Section 235
c) Section 221
a) Section 214
87) On speaking with a youth apprehended at the scene of an attempted robbery you note he has very poor English. On requesting his name and address and beginning to caution him you note he does not seem to understand you. In the circumstances, what action is most appropriate?
a) Arrest him because his lack of communication can be regarded as a refusal to comply
b) Give him the rights caution with reasonable diligence to gain his understanding
c) Take him to the station and get an interpreter to give him the rights caution
b) Give him the rights caution with reasonable diligence to gain his understanding
88) At 1400 hours you gave Jimmy (aged 15) his rights pursuant to section 215 of the Children, Young Persons and Their Families Act 1989. At 1445 hours he asks you whether he has to answer the question you just asked him. The most appropriate thing for you to do is
a) Advise him that he may withdraw his consent to make a statement at any time.
b) Advise him he must continue to answer all questions put to him.
c) advise him again of all his rights pursuant to section 215 of the CYPF Act
c) advise him again of all his rights pursuant to section 215 of the CYPF Act
89) Late at night you are called to a suspicious fire at a school. While cordoning the scene you locate and search a male teenager. Newspaper and a can of accelerant are found in his carry bag. He refuses to tell you his name. Your caution should make sure he understands:
a) You just want to ask him some questions before deciding what you should do
b) You can arrest him if he continues to refuse to give you his name and address
c) You know he has something to do with the fire so he should start talking now
b) You can arrest him if he continues to refuse to give you his name and address
90) You are called to an aggravated robbery at a liquor store. As you arrive the offender decamps but you chase and apprehend a 15-year-old youth. Before you have time to question him, he states, “I didn’t mean to shoot the guy”. Which of the following statements best describes the admissibility of the confession?
a) His confession is inadmissible due to his age and the protection of the CYPF Act 1989
b) His confession is admissible but he must be cautioned as soon as possible
c) His confession is inadmissible because you have not cautioned the youth
b) His confession is admissible but he must be cautioned as soon as possible
91) A youth (16 years) who is to be interviewed about stolen property insists on his uncle as his nominated person. On contacting the uncle you find that he is willing to attend an interview but due to work commitments is not available until the next day. You should advise the youth in this situation that:
a) His nominated person is not available within the required timeframes and request he nominates another
b) The interview will be delayed until his uncle can attend and that the youth will be released conditionally
c) You are obligated to inform his parents of the matter so a parent may as well be his nominated person
a) His nominated person is not available within the required timeframes and request he nominates another
92) Which of the following people may not act as nominated persons, even if the young person specifically requests them?
a) A patched gang member with previous convictions who is a member of the youth’s whanau or their guardian
b) A person you believe on reasonable grounds is a witness or has some knowledge of the matter being investigated
c) A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with the young person.
c) A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with the young person.
93) In general, should an investigator regard a child or youth under the age of 18 years as a special consideration witness?
a) Yes, because a specialist interviewer is always required for children and young people.
b) Yes, because their age and maturity level may mean they are vulnerable in an interview situation.
c) Yes, because the government agency Oranga Tamariki sets requirements for their interview.
b) Yes, because their age and maturity level may mean they are vulnerable in an interview situation.
94) Duty of care requires you to protect the arrested or detained person:
a) From the time of arrest or detention, throughout the interview and up to the time it takes to get the person locked up and charged.
b) From the time the person is placed in the police car until you take them into the watch house and complete the necessary paperwork.
c) From the time you arrest or detain the person until you transfer them into someone else’s custody and your transfer is acknowledged.
c) From the time you arrest or detain the person until you transfer them into someone else’s custody and your transfer is acknowledged.
95) When deciding on the admissibility of a youth’s interview, an overriding principle that will guide the judge is:
a) That the interview was conducted in compliance with the terms of the Chief Justice Practice Note
b) Whether the interview was fairly conducted in acceptance of the CYP’s vulnerability which entitles them special protection
c) Whether the youth was fully informed of their rights according to s215 of CYP and their Families Act 1989.
c) Whether the youth was fully informed of their rights according to s215 of CYP and their Families Act 1989.
96) When a nominated person arrives to support a youth for interview you should give the nominated person the ‘Advice and Duties Nominated Person’ booklet and:
a) Ascertain they have read it, get them to sign they understand and agree to their role requirements
b) Commence the interview, stating who is present and their role and explain the youth’s rights on video
c) Explain its contents to the nominated person and allow them time alone to discuss it with the youth
c) Explain its contents to the nominated person and allow them time alone to discuss it with the youth
97) Victim Impact Statements are required:
a) In every case involving an identifiable victim.
b) In some cases when the judge requests the victim’s views are to read to the court.
c) In most cases where there is an identifiable victim and others affected by the offence.
a) In every case involving an identifiable victim.
98) Police are responsible for informing a victim of a section 29 sexual offence that:
a) Their court case could be arduous because intent is difficult to prove in any sexual offence
b) They have rights in legislation that protect their privacy throughout court proceedings and reporting
c) To ensure their anonymity, their name will not be revealed in any documents to the court
b) They have rights in legislation that protect their privacy throughout court proceedings and reporting
99) What are the Police responsibilities to the victim when a section 29 suspect is released on bail?
a) Police must advise the victim support agency working with the victim that the suspect was bailed by the court
b) Police must inform the suspect if the victim has opposed bail and the conditions sought by the victim
c) Police must advise all victims, as soon as practicable, of the outcome and conditions of any bail application
c) Police must advise all victims, as soon as practicable, of the outcome and conditions of any bail application
100) When and why is a CSV1 required?
a) When there is a victim who will require an interpreter in court because their spoken English is not easily understood
b) 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
c) When there is a victim but the Police officer who spoke with them will be unable to attend the court to support the victim
b) 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
101) Victims Rights Act 2002 tech offences are defined as:
a) Serious assault resulting in injury, death or a person being rendered incapable (including road accidents) where the victim is entitled to specialist support
b) Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victim having fears for their safety or the safety of the family
c) Sexual and or physical, emotional violence offences against another person in a relationship as defined by the New Zealand Police Domestic Violence Policy
b) Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victim having fears for their safety or the safety of the family
102) The purpose of the victim notification register (VNR) is to:
a) Ensure follow up support is provided for all victims of s29 sexual offences
b) Ensure the victim is notified about the offender’s status and location, so that the victim’s safety can be managed
c) Ensure accountability for all agencies dealing with the victims throughout the judicial process
b) Ensure the victim is notified about the offender’s status and location, so that the victim’s safety can be managed
103) Who is responsible for ascertaining the victim’s views on bail of a person accused of a Section 29 offence?
a) Police must ascertain the victim’s views and ensure the court is informed of those views
b) Victim Support or another reputable support agency usually presents the victim’s views to the court
c) The court will more than likely question the victim to ascertain their view about bail
a) Police must ascertain the victim’s views and ensure the court is informed of those views
104) When must a victim of a Section 29 offence be advised of their right to be on the Victim Notification System (VNR)?
a) At first contact with the victim of a Section 29 offence
b) Following the offender’s conviction and sentencing
c) At the time of the offenders arrest (if practicable)
a) At first contact with the victim of a Section 29 offence
105) Police are obliged to inform victim of:
a) How and when to complete a Victim Impact Statement
b) Investigative progress and any impending charges or arrests
c) The process for restorative justice and whom to contact
b) Investigative progress and any impending charges or arrests
106) One of the principles laid down in the Victim Rights Act 2002 guides access to services for victims. In this respect Police must inform that:
a) That they are entitled to access to welfare, health, medical or legal services
b) That police will provide legal and welfare support they require
c) That their on-going needs as a victim will be met free of charge
a) That they are entitled to access to welfare, health, medical or legal services
107) One of the principles laid down in the Victims Rights Act 2002 guides the treatment of victims. In this respect Police must inform victims that:
a) That police will provide legal and welfare support they require
b) That their on-going needs as a victim will be met free of charge
c) That they are entitled to access to welfare, health, medical or legal services
c) That they are entitled to access to welfare, health, medical or legal services
108) In relation to opposing bail for a person charged with a Section 29 offence Police must:
a) Ascertain the victim’s views and agree on acceptable conditions for the suspect’s bail.
b) Tell the victim that the Police will oppose bail because the suspect should remain in custody.
c) Make all reasonable efforts to ensure that the court is informed of the victim’s views on bail.
c) Make all reasonable efforts to ensure that the court is informed of the victim’s views on bail.
109) The purpose of a victim Impact statement is to:
a) allow the court to hear and consider the victim’s views on sentencing
b) allow the court to consider the effects of the crime on the victim
c) record the victim’s own words about what happened
b) allow the court to consider the effects of the crime on the victim
110) Who is responsible for ensuring a victim of a section 29 offence is given the POL 1065 and sufficient information and assistance to complete it?
a) Responsibility rests with Victim Support/Women’s Refuge who are trained to assist s29 victims.
b) Responsibility rests with Victim Support/Women’s Refuge who are trained to assist s29 victims.
c) Responsibility rests with the O/C case who arrests and charges the offender with the s29 victims.
c) Responsibility rests with the O/C case who arrests and charges the offender with the s29 victims.
111) Simon is having an extremely noisy party at his house. A noise abatement notice has been served on Simon but he decides to ignore it and turn the stereo up louder. The local council agent returns to the address to seize the stereo. Simon picks up a golf club, holds it up in the air and states to the agent “the stereo is not going anywhere and if you come any closer I will smack your head in”. What is the most appropriate Crimes Act 1961 assault offence?
a) aggravated assault (section 192)
b) assault with intent to injure (section 193)
c) common assault (section 196)
b) assault with intent to injure (section 193)
112) In relation to section 188 of Crimes Act 1961 the difference between subsections (1) and (2) relates to:
a) The recklessness of the suspect in relation to the injuries caused.
b) The seriousness of the injuries caused by the suspect.
c) The intent of the suspect when causing injuries.
c) The intent of the suspect when causing injuries.
113) After being evicted from a party Steve drives his car into a crowd gathered outside of the address, injuring three people. In order to prove ‘recklessness’ under section 189(2) Crimes Act 1961, you must prove that Steve:
a) took a risk while not aware of the probable consequences
b) consciously and deliberately took an unjustified risk
c) consciously and deliberately took a reasonable risk.
b) consciously and deliberately took an unjustified risk
114) Last week you were called to large department store where security advises they have CCTV evidence of a female (18 years) 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?
a) The likelihood of the offence being repeated.
b) The circumstances of the defendant.
c) The seriousness of the offence.
a) The likelihood of the offence being repeated
115) 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 hurt Brian and did not intend to make him blind. Can Shane claim that he acted in self-defence?
a) Yes, Shane feared for his personal safety because of the argument so his actions were in proportion with the predicament he was facing
b) No, there was no force or imminent force from Brian to be resisted or prevented and Shane’s response was not reasonable in the circumstances
c) No, the defence of self-defence is not able to be claimed under Section 188 of the Crimes Act 1961
b) No, there was no force or imminent force from Brian to be resisted or prevented and Shane’s response was not reasonable in the circumstances
116) Simon is walking down the street texting his girlfriend. He is approached by John who demands Simon hand over his phone. Simon refuses and John punches him in the face. Simon gives John the phone as a result. John then realises the phone is not the model he’s after and gives it back to Simon. What offence has John committed?
a) Common Assault
b) Both Theft and Common Assault
c) Robbery
b) Both Theft and Common Assault
117) The term “grievous bodily harm” in relation to an offence of ‘aggravated robbery’ means:
a) really serious harm
b) violence causing bodily injury
c) actual physical injury
a) really serious harm
118) Susan lives with Karen. They have an argument over who is going to eat the last piece of chocolate cake resulting in Susan plunging a knife into Karen’s chest and lacerating Karen’s lung. In relation to section 188 of the Crimes Act 1961 the most appropriate description in relation to the puncture of Karen’s lung would be:
a) a maiming
b) grievous bodily harm
c) an injury
b) grievous bodily harm
119) Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike 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?
a) aggravated assault (section 192 Crimes Act 1961)
b) injuring with intent (section 189 Crimes Act 1961)
c) common assault (section 9 Summary Offences Act 1981)
a) aggravated assault (section 192 Crimes Act 1961)
120) You are dealing with a suspect who has caused an injury to a person. The term “to injure” means to cause:
a) really serious harm to a person
b) any type of injury to a person
c) actual bodily harm to a person
c) actual bodily harm to a person
121) Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts”, and swings the bottle at Ben’s head. Ben ducks and the bottle shatters against the bar wall. The most appropriate charge in relation to Harry’s actions is:
a) ‘assault with intent to injure’ because Harry intended to injure Ben with the bottle
b) ‘common assault’ because Harry did not succeed in hitting Ben with the bottle
c) ‘assault with intent to injure’ because Harry was reckless as to whether or not the bottle hit Ben
a) ‘assault with intent to injure’ because Harry intended to injure Ben with the bottle
122) It must be established that an offender must have formed the intention to rob in relation to the offence ‘assault with intent to rob’:
a) immediately after the assault
b) at a time proximate to the planned robbery
c) at the time of the assault
c) at the time of the assault
123) A serious assault has occurred in a public place. You have good cause to suspect David is the offender. You arrest David and place him in the back of a Police car. Before leaving the scene you are approached by Michael who admits committing the assault. You no longer believe David to be involved. The correct action is:
a) Complete a charge sheet and note release details in the ‘Remarks’ section
b) Release David immediately and document the circumstances
c) Release David once you have a statement of admission from Michael
b) Release David immediately and document the circumstances
124) In relation to an offence of ‘aggravated robbery’ the ingredient of “being together with any other person or persons” means:
a) must be physically present at the robbery in either an active or inactive role
b) must be physically in the vicinity of the robbery and aiding in its commission
c) must be physically present at the robbery and taking an active part
c) must be physically present at the robbery and taking an active part
125) An offender kicks a victim several times in the torso and splits their spleen. Which of the following charges is the most appropriate?
a) With intent to cause grievous bodily harm, maims.
b) With intent to injure, wounds.
c) With intent to injure, injures.
b) With intent to injure, wounds
126) Tessa and Jean want Lisa’s MP3 player. Tessa is aware that Jean has a knife and is prepared to use it when they confront Lisa. Jean brandishes the knife and threatens to stab Lisa unless she gives her the MP3 player. Lisa is scared but doesn’t want to hand over her MP3 player so gives Jean some money instead. Which of the following is correct in relation to the “being armed with an offensive weapon” ingredient of ‘aggravated robbery’?
a) Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife
b) Jean is liable for ‘aggravated robbery’ and Tessa is a party to ‘aggravated robbery’ as she did not have possession of the knife
c) only Jean is liable for ‘aggravated robbery’ as she was the person armed with a knife and had control over it
a) Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife
127) Doug and Colin have no money so decide to hide in the bushes and wait for a pedestrian to go by so they can steal that person’s cash. As a pedestrian approaches Doug changes his mind and takes off. Colin hits the pedestrian and searches his pockets. He finds no money but takes an MP3 player instead. Colin is liable for which of the following?
a) ‘robbery’ as he has used violence on the pedestrian and stolen the MP3 player
b) ‘theft’ as the intention to steal the MP3 player was only conceived after he realised that the pedestrian had no money
c) ‘aggravated robbery’ as he was together with Doug when they first hid in the bushes and made the plan
a) ‘robbery’ as he has used violence on the pedestrian and stolen the MP3 player
128) Brad goes up to Kevin and threatens him with “a hiding” if the sunglasses Kevin is wearing are not handed over to him immediately. Kevin refuses to comply and Brad punches him in the head. The sunglasses break. Brad, no longer interested in glasses, walks away empty-handed.
a) Attempted robbery
b) Robbery
c) Assault with intent to rob
c) Assault with intent to rob
129) Which of the following scenarios does constitute a robbery?
a) Knocking the victim to the ground whilst grabbing a cash bag.
b) Struggling with a victim who is hanging onto a cash bag.
c) Snatching a cash bag from a victim
a) Knocking the victim to the ground whilst grabbing a cash bag.
130) Karen (16) is the rear seat passenger in a car driven at speed by her friend Shane (17 who holds a restricted drivers licence). Shane fails to give way at a busy intersection and collides with another vehicle. Following the impact, his car spins out of control and collides with another vehicle. Following the impact, his car spins out of control and crashes through the fence of John’s house close to the intersection. Both youths are injured and Karen, who is not wearing a seatbelt, is thrown from the vehicle and suffers severe head injuries that will require considerable rehabilitation and medical care. Sam (27), the driver of the other car, escapes with minor cuts and bruises but his car is written off. Anaru (4) who was riding his tricycle on the footpath is severely frightened. The crash is another in a series of vehicle accidents at the intersection and the neighbouring community it fearful of further injuries or a road death. Identify the victim/victims in the above incident.
a) Karen, Shane, Sam, John and the neighbours.
b) Karen, Sam, John, and Anaru and their family members.
c) Karen, Sam, Anaru, their families and the concerned neighbours.
b) Karen, Sam, John, and Anaru and their family members.
131) Sandra is 18 years old and has a reputation for being a fighter. Aroha is sitting at the bus stop when Sandra comes up and tells Aroha that she likes the jacket she is wearing. Aroha knows Sandra was involved in a fight last week so takes off her jacket, gives it to Sandra and then runs away. What offence has Sandra committed?
a) Demanding with menaces.
b) No offence.
c) Theft.
b) No offence.
132) During a fight at a very crowded local bar, Steve grabs a pool cue and starts swinging it around. He doesn’t want to hurt anyone but gets carried away and hits a bar patron around the head. The injuries to the bar patron consist of a fractured eye socket and fractured skull. The most appropriate way to describe Steve’s actions in the bar is that he:
a) acted with intent to cause grievous bodily harm to any person
b) acted with the intent to injure any person
c) acted with reckless disregard for the safety of other.
c) acted with reckless disregard for the safety of other.
133) You have arrested John for aggravated robbery but would like to obtain further information from him. Which of the following statements is most correct?
a) you can continue to interview him but your questions must not amount to cross-examination.
b) you can cross examine him for as long as necessary to gather further evidence against him.
c) you can only question an arrested person to clear up any ambiguities in their previous statements
a) you can continue to interview him but your questions must not amount to cross-examination.
134) Jo Brown heading home after a night in town is kicked and punched by a group of offenders. As a result of the assault Jo suffers severe bruising to his face but develops severe and ongoing depression and is unable to be left alone at night. In relation to sections 188-193 of the Crimes Act 188-193 of the Crimes Act 1961 Jo is considered to have been:
a) Disfigured
b) Injured
c) Maimed
b) Injured
135) George is running down a crowded street. He grabs the shoulder bag of a passing female. He twists her arm as she tries to hold on to her bag. The pain causes her to let go of the bag and George takes off. The most appropriate offence in relation to the action of George is:
a) ‘theft’ as the violence used was minimal and would not constitute robbery
b) ‘theft’ in relation to the stolen property and ‘assault’ in relation to the violence
c) ‘robbery’ as the theft was accompanied by a sufficient level of violence
c) robbery’ as the theft was accompanied by a sufficient level of violence
136) Stan sees Nigel walking along the road with Gloria, Stan’s ex-girlfriend. Stan is furious. He steps in front of them and says menacingly “Get off my street or you’ll get this”. Gloria and Nigel are frightened. Stan then raises his fist and demonstrates a punching movement. Can Stan be charged with assault?
a) Yes, because to threaten another is an indirect application of force.
b) Yes, because Bert and Gloria have reason to believe Stan can harm them.
c) No, because Stan has not actually applied any force to Bert or Gloria.
b) Yes, because Bert and Gloria have reason to believe Stan can harm them.
137) It must be established that an offender must have formed the intention to rob in relation to the offence ‘assault with intent to rob’:
a) immediately after the assault
b) at a time proximate to the planned robbery
c) at the time of the assault
c) at the time of the assault
138) What is the primary consideration when a suspect for a serious assault raises the issue of self-defence?
a) Whether the suspect’s actions were in proportion to the alleged threats made by the victim.
b) The actions by the victim prior to the assault.
c) The injuries received by the victim as a result of the assault.
a) Whether the suspect’s actions were in proportion to the alleged threats made by the victim.
139) Steve goes to his local pub where after a few drinks he gets in to an argument with his friend Gerry. Gerry becomes so enraged with Steve that he yells out “you really deserve this” and smashes his glass twice on Steve’s face causing the glass to shatter. Steve suffers severe lacerations to his cheek and lip and a fractured eye socket. What is the most appropriate Crimes Act 1961 assault offence?
a) injuring with intent (Section 189(1)
b) wounding with intent (Section 188(1)
c) assault with a weapon (Section 202C)
b) wounding with intent (Section 188(1)
140) Steve and Keith are walking down the road together. Steve is wearing an All Whites football jersey. Henry wants the football jersey so walks up to Keith, punches him in the face, and yells at him to tell Steve to give up his jersey otherwise he will punch him again. Steve fearing that Keith might be hurt takes off his jersey and gives it to Henry. What offence has Henry committed?
a) ‘aggravated robbery’ as Henry has used violence on more than one person and stolen property.
b) ‘theft’ as the violence was used on Keith but the property was taken from Steve.
c) ‘robbery’ as Henry has used violence and stolen property.
c) ‘robbery’ as Henry has used violence and stolen property.
141) Gary is upset because Bert is going out with his ex-girlfriend. Gary approaches Bert and throws a punch at this head. Bert ducks and the punch misses. Which of the following statements is true?
a) Gary commits the offence of ‘assault’ because an attempt to strike the victim but missing falls with the definition of assault.
b) Gary commits ‘no offence’ because he had the mens rea to strike the victim but failed to complete the full act.
c) Gary commits the offence of assault with intent to injure because the potential for serious injury to the victim was likely.
a) Gary commits the offence of ‘assault’ because an attempt to strike the victim but missing falls with the definition of assault.
142) Paul is waiting at the bus stop talking on his cellphone. He is approached by Andrea and Jill who demand that he hand over the cellphone to them. Paul ignores them. Andrea then pushes Paul backwards and punches him in the face. Jill grabs the cellphone but Paul manages to get it back from her and the girls run away. Which of the following offences best describes Andrea’s criminal liability?
a) Aggravated robbery
b) Attempted aggravated robbery
c) Assault with intent to rob
a) Aggravated robbery
143) John and Harry attend the same party. John dislikes Harry as he now goes out with Harry’s ex-girlfriend. John approaches Harry, forms a fist and says, “Leave now or you will get this fist in your face”. Harry quickly leaves and you investigate the incident. Which of the following statement is true?
a) this cannot be an offence of ‘assault’ as no force was applied to Harry and ‘threatening behaviour’ would be a more suitable charge.
b) this cannot be an offence of ‘assault’ as John had no intention of ever harming Harry unless Harry failed to leave the party.
c) this is an offence of ‘assault’ as Harry was threatened by John by his words and gestures and the placing of a condition on the threat does not negate the offence.
c) this is an offence of ‘assault’ as Harry was threatened by John by his words and gestures and the placing of a condition on the threat does not negate the offence.
144) Jo has an argument with his neighbour and is so enraged that he burns his cigarette into his neighbour’s face repeatedly causing in excess of 10 burns. However, 12 months later and before the jury trial in relation to the incident, the burn marks have faded so much that they are no longer visible. Which of the following charges is the most appropriate?
a) with intent to injure anyone, maims.
b) with intent to injure anyone, disfigures.
c) with intent to cause grievous bodily harm to anyone, wounds.
b) with intent to injure anyone, disfigures
145) Which of the following scenarios does constitutes a robbery?
a) Knocking the victim to the ground whilst grabbing a cash bag
b) Snatching a cash bag from a victim
c) Struggling with a victim who is hanging onto a cash bag
a) Knocking the victim to the ground whilst grabbing a cash bag
146) You have entered a house under s8. You may search in:
a) The basement workshop
b) The china cabinet
c) The kitchen drawers
a) The basement workshop
147) Under Section 15 of the Search and Surveillance Act 2012, a constable may enter and search a place without warrant to avoid loss of evidential material relating to certain offences. The certain offence must carry:
a) a term of imprisonment of 10 years or more
b) a term of imprisonment of 14 years or more
c) a term of imprisonment of 7 years or more
b) a term of imprisonment of 14 years or more
148) What is the maximum duration of time that an authorisation for a road block granted under s30 is valid for without renewal by a District Court Judge?
a) 24 hours
b) 12 hours
c) 48 hours
a) 24 hours
149) John, a well known criminal, threatens to punch Jim in the head with a knuckle duster and then walks off down the road. Jason witnesses the incident. You locate John in the next street. You can search him because:
a) You have RGTS you’ll find evidential material relating to the offence relating to John
b) You have a witness and John has a criminal record of serious assaults
c) You have RGTS John has committed an offence against 202A(4)(a) of the Crimes Act 1961
c) You have RGTS John has committed an offence against 202A(4)(a) of the Crimes Act 1961
150) Billy strikes Mike over the head with a hammer then runs to his car with the hammer and drives off. A short time lawyer you locate Billy driving the car and stop the car under s121 to search Billy and the car for the hammer. As you attempt to speak to him, Billy leaps out of the car and sprints off. Can you search the car for the hammer?
a) Yes, because you saw Billy run away from the car and you have RGTS the hammer is still in the car
b) No, because with Billy running away you have no RGTB that the hammer will be CADD.
c) No, because likely is no longer in or on the vehicle so therefore power to search it does not apply.
a) Yes, because you saw Billy run away from the car and you have RGTS the hammer is still in the car ?
151) If you have RGTB that a person may hinder you when you are securing a place to be searched, s116 allows you to exclude the person from the place you are searching and:
a) detain that person indefinitely
b) give that person any reasonable direction
c) secure that person in another place
b) give that person any reasonable direction
152) Johnny bashed his partner Jill with a cricket bat in their front yard. Jill is badly injured and is taken to hospital. Neighbouring witnesses tell you Johnny left in a car taking the bat with him. They say no one else is inside the house. You now have RGTS an offence punishable by imprisonment for 14 years or more has occurred and RGTB that the bat is in Johnny’s car. Should you enter the house without warrant to search for evidential material?
a) Yes, you can enter under s14 to respond to risk to life or safety
b) No, because neither s15 nor s14 apply in the circumstances
c) Yes, you can enter under s15 to avoid loss of evidential material (CADD)
b) No, because neither s15 nor s14 apply in the circumstances
153) You have a search warrant to enter and search a flat belonging to a woman who you have RGTB has stolen an iPod and other small electronic items. When you arrive the woman and her two flatmates are at the address. You detain them under s118 (Powers of detention incidental to powers to search places and vehicles). Can you search the woman and her flatmates under s119? (Powers of search by person who has power of arrest)
a) No, you may only search the woman as you have RGTB you will find the evidential material on her
b) Yes, as s119 permits a search of anyone found at the place when you have RGTB the evidential material will be found
c) No, you cannot search the flatmates without first exercising a power of arrest
b) Yes, as s119 permits a search of anyone found at the place when you have RGTB the evidential material will be found
154) Pursuant to S&S Act 2012 Act 2012, you are searching a prisoner incidental to arrest. In his possession you find a cell phone that you have established is stolen. When bailed an hour later he asks for the cell phone back. What should you do?
a) Give him the cell phone back
b) Charge him in relation to the cell phone and retain possession of the property
c) Refuse to give him the cell phone back because it was seized in a lawful search
b) Charge him in relation to the cell phone and retain possession of the property
155) You may search a person without warrant for a controlled drug if you have:
a) RGTB an offence has occurred and RGTB they are in possession of a controlled drug.
b) RGTS an offence has occurred and RGTS they are in possession of a controlled drug.
c) RGTS an offence has occurred and RGTB they are in possession of a controlled drug.
c) RGTS an offence has occurred and RGTB they are in possession of a controlled drug.
156) A local chemist has caught a woman shoplifting cosmetics in his shop. He prevents her from leaving and calls police. You attend, form your reasonable grounds to search the woman and give you obligations. You search the woman’s pockets and carry bag and locate the missing items. You also find and remove some items of clothing that you suspect are stolen as they still have security tags. Following your search the woman must be given a copy of the:
a) a POL262 summary of facts record.
b) a POL268 inventory of items seized.
c) a POLSW8 warrantless search report.
b) a POL268 inventory of items seized.
157) You are in the carpark of the shopping mall when you hear a woman crying out that her handbag has been snatched. She tells you the offender ran off and got circumstances you would use s8 to enter the van to:
a) Seize the handbag.
b) Arrest the offender.
c) Search the van.
b) Arrest the offender.
158) With respect to a victim’s property that may be held as evidence Police are obliged to:
a) Inform the victim that their property will help gain a guilty conviction and is required as a court exhibit
b) Discuss the evidential requirement with the victim and ensure the property is returned as soon as practicable after it is no longer needed
c) Inform the victim that the property is required for disclosure to the offender’s lawyer before the court date
b) Discuss the evidential requirement with the victim and ensure the property is returned as soon as practicable after it is no longer needed
159) Tim commits a robbery at a local dairy and steals $100.00 in cash. As he runs off he drops $40.00 on the footpath. A witness tells you she saw Donna pick up the money. You locate Donna a short distance away but she denies picking up the money. Can you search Donna under s16?
a) Yes, because s16 permits a search of a person in a public place
b) No, because the evidential material is not related to an offence punishable by 14 years or more
c) Yes, because you have RGTB she possesses evidential material
b) No, because the evidential material is not related to an offence punishable by 14 years or more
160) While on patrol you see a man waiting at a taxi rank who matches Comms description of one of two men who robbed a shop assistant one hour ago. The men are reported to have stolen two iPhones. Which power of search is most appropriate in the circumstances?
a) s27 Warrantless search of a person in a public place for an offensive weapon
b) s88 Warrantless search of arrested or detained person for evidential material
c) s16 Warrantless search of a person for evidential material relating to certain offences
c) s16 Warrantless search of a person for evidential material relating to certain offences
161) Under the S & S Act 2012 which of the following could be an example of ‘privileged information’?
a) DVD record of a special consideration witness interview
b) Patient records kept by a GP or psychologist
c) CCTV video evidence from a camera in a bar
b) Patient records kept by a GP or psychologist
162) Where you have RGTS that an offence is being committed that is likely to cause injury to any person, you may enter the place or vehicle without warrant and:
a) Take reasonable action that you have RGTS is necessary
b) Take any action that you have RGTB is necessary
c) Take practicable action you have RGTB is necessary
b) Take any action that you have RGTB is necessary
163) You arrest a young woman in the crowded smoking area outside a bar as you have RGTB she is in possession of drugs and RGTS she is distributing drugs to others. You give your obligations and conduct a rub-down search including putting your hands inside the pockets of the zipped up jacket she is wearing. She is abusive and uncooperative. You demand she removes her jacket and when she does you find she is wearing only underwear. A lawyer might challenge your search on the principle of:
a) Reasonableness
b) Reasonable grounds
c) Lawfulness
a) Reasonableness
164) John has escaped from a prison van transporting him from the local court to prison. You see him run into someone’s garden. Can you enter the property to arrest John?
a) Yes, because John is unlawfully at large and you have RGTS he is on the property
b) Yes, because John is unlawfully at large and you have RGTB he is on the property
c) No, because even though you have RGTB he is on the property John is not unlawfully at large
b) Yes, because John is unlawfully at large and you have RGTB he is on the property
165) You have RGTB that stolen property is located in a garage at a local address and execute a search warrant. No one is present when you arrive and you see the garage has a security alarm and it is armed. You use s110 and call a security technician to help you gain entry to the garage. You must then:
a) request the technician contacts you when he has gained entry
b) accompany the technician on entry and provide reasonable supervision
c) provide detailed instructions about your request to the technician
b) accompany the technician on entry and provide reasonable supervision
166) You search a person for Cannabis under section 21 of the S&S Act 2012. What statutory requirements (if any) do you have to fulfil after the search?
a) submit a Police 101 form to officially record the search.
b) none, as you did not find anything.
c) submit a notification to the Commissioner within three days.
c) submit a notification to the Commissioner within three days
167) The S & S Act 2012 requires you to identify yourself and announce your intentions before you:
a) secure a place, vehicle or other thing to search it
b) enter a place, vehicle or other thing to search it
c) a place to search it in response to an emergency
b) enter a place, vehicle or other thing to search it
168) Before applying for a SW, you must be sure that the offence you suspect is being, has been or is about to be committed is:
a) an offence punishable by imprisonment
b) an offence under any enactment
c) any type of Category 1 offence
a) an offence punishable by imprisonment
169) Which type of search requires you to complete a warrantless power notification?
a) s7 entry and search for a person unlawfully at large
b) s11 custody search of a locked up person
c) s85 rub-down search of an arrested or detained person
a) s7 entry and search for a person unlawfully at large
170) One night you attend an aggravated burglary. Witnesses give a detailed description of the car the offender left in. You QV the registration number and identify an address for the vehicle. At the address you locate the vehicle parked in the driveway beside the house. The house is in darkness and the offender is nowhere in sight. Can you now undertake a warrantless search of the vehicle (s17) for the weapon used?
a) No, because the car that may contain evidential material is not in a public place
b) Yes, because there are RGTB that evidential material will be CADD
c) Yes, because you have RGTB that the evidential material is in the car
a) No, because the car that may contain evidential material is not in a public place
171) When applying for a SW, you must provide details of any other applications for the target of the warrant that have been made during the previous:
a) 1 month
b) 6 moths
c) 3 months
c) 3 months
172) In relation to some MODA 1975 offences, s20 allows you to search which of the following:
a) any vehicle and place
b) any place and people therein
c) any vehicle and people therein
a) any vehicle and place
173) 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:
a) RGTS the passengers have a firearm in the vehicle and RGTS they are committing an offence against the Arms Act 1983
b) RGTB the passengers have a firearm in the vehicle and RGTS they are committing an offence against the Arms Act 1983
c) RGTS the passengers have a firearm in the vehicle and RGTB they are committing an offence against the Arms Act 1983
a) RGTS the passengers have a firearm in the vehicle and RGTS they are committing an offence against the Arms Act 1983
174) Under Section 7 of the Search and Surveillance Act 2012, you can enter a place or vehicle without warrant to search and arrest a person who is unlawfully at large. Which of the following situations would not be catagorised as “unlawfully at large”?
a) A restricted patient who has failed to return to hospital after a day leave
b) A person with an outstanding fines warrant
c) An escaped prisoner from a Department of Corrections prison
b) A person with an outstanding fines warrant
175) The salesman notices a man acting suspiciously at a computer display and a short time later he discovers a laptop is missing. Police are called and they promptly view the CCTV record of the carpark which show the man, who is carrying a laptop getting into a blue car, QSY432. Comms alerts all cars and a short time later you stop the vehicle under s121 but, as you approach, the driver runs off. Can you proceed to search the vehicle for the missing laptop?
a) Yes, because you have RGTB the evidential material will be CADD.
b) No, because you must first arrest the driver before you can search.
c) Yes, because you have RGTB the missing laptop is in the vehicle.
c) Yes, because you have RGTB the missing laptop is in the vehicle.
176) Jake is arrested for burglary by Porirua police. He states that evidential material from that offence can be found at an address in Rotorua. Jake says his mates are on their way to pick it up. What course of action should Porirua police take?
a) Apply for a SW and ask Rotorua police secure the address under s117
b) Ask Rotorua police conduct a warrantless s83 search on the address
c) Ask Rotorua police carry out a consent search on the address
b) Ask Rotorua police conduct a warrantless s83 search on the address
177) Jack is 13. You stop him driving his fathers’ car. He is on his own. You ask Jack to consent to a search of the car. Which of the following statements is most correct?
a) Jack is able to consent to a search of the vehicle as there is no passenger over 14 in the vehicle who has authority over it and is able to consent to the vehicle search.
b) Jack is able to consent to the search of the vehicle. It is only a place or other thing he cannot consent to a search of.
c) Jack is unable to consent to a search of the vehicle as persons under 13 are unable to consent to vehicle searches.
a) Jack is able to consent to a search of the vehicle as there is no passenger over 14 in the vehicle who has authority over it and is able to consent to the vehicle search.
178) You stop a vehicle for the purpose of searching it. There are four occupants in the car. Your partner deals with the driver. The backseat passenger asks you why the car has been stopped. What obligations do you have to him?
a) None You are only obliged to tell the passenger of the vehicle the reason for the stop
b) You must identify yourself by name, tell him the reason for the search, state the Act and Section under which the search is taking place and the reason for it, unless it is impracticable to do so in the circumstances, and produce evidence if ID if not in uniform
c) You must identify yourself by name or QID, and state the Act under which the search is taking place and the reason for it, unless it is impracticable to do so in the circumstances, and produce evidence if ID if not in uniform
c) You must identify yourself by name or QID, and state the Act under which the search is taking place and the reason for it, unless it is impracticable to do so in the circumstances, and produce evidence if ID if not in uniform
179) If you are stopping a vehicle without warrant for the purposes of search under Section 121 of the Search and Surveillance Act 2012, you have certain obligations. At the request of any person affected by the stop, which of the following answers is the most appropriate course of action to take?
a) Identify yourself by name or QID, and state the Act and Section under which the search is taking place and the reason for the search unless it is impracticable in the circumstances and produce evidence of ID if you are not in uniform.
b) Identify yourself by name or QID, state the Act and Section under which the search is taking place and produce evidence of ID if not in police uniform.
c) Identify yourself by name or QID, and state the Act under which the search is taking place and the reason for the search unless it is impracticable in the circumstances and produce evidence of ID if you are not in uniform.
c) Identify yourself by name or QID, and state the Act under which the search is taking place and the reason for the search unless it is impracticable in the circumstances and produce evidence of ID if you are not in uniform.
180) You are en 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?
a) Yes, providing you have reasonable grounds to suspect they are in possession of it.
b) No, suspicion is insufficient. You must have ‘reasonable ground to believe’ before conducting a search.
c) Yes, but you should obtain his consent first.
a) Yes, providing you have reasonable grounds to suspect they are in possession of it.
181) Risk assessment is essential in the Search Warrant process. When should risk assessment occur?
a) Before the SW application is completed and before SW reporting.
b) Before the SW is executed on this occasion and any other occasion.
c) Before the SW application is completed and prior to execution.
c) Before the SW application is completed and prior to execution.
182) As part of the SW application process you must check that your NIA target is valid. You need to do this because details of any SW applications made on your target:
a) in the last 6 months will be attached to your application
b) in that location will be attached to your application
c) in the last 3 months will be attached to your application
c) in the last 3 months will be attached to your application
183) Pursuant to Section 19 S&S Act 2012, which of the following statutes authorises the search of persons during the execution of a search warrant?
a) Crimes Act 1961
b) Misuse of Drugs Act 1975
c) Summary Proceedings Act 1957
b) Misuse of Drugs Act 1975
184) When completing a search warrant application, you must describe:
a) your own personal belief that the warrant is justified and the facts on which this is based
b) the belief of the Approving Officer that the warrant is justified and the facts on which this is based
c) the belief of the Police that the warrant is justified and the facts on which this is based
a) your own personal belief that the warrant is justified and the facts on which this is based
185) You wish to install a 24 hour camera across the road from a suspected tinnie house to record the comings and goings at the front door. Which of the following do you need?
a) Search Warrant issued under the Search and Surveillance Act 2012
b) No warrant is needed as the camera is being installed on private property by consent of the owner of that property
c) Surveillance Device Warrant issued under the Search and Surveillance Act 2012
c) Surveillance Device Warrant issued under the Search and Surveillance Act 2012
186) You receive a call on a Saturday afternoon from a person saying there are cannabis plants growing in his next door neighbours’ backyard. You stand in the informants’ backyard and look over the fence into the neighbouring property. You can clearly see the cannabis plants. Do you require a surveillance warrant for your actions so far?
a) No, because you are lawfully on private property and not using a surveillance device
b) No, because you are lawfully on private property and no warrant is required for any surveillance made from private property when you are present with consent of the owner
c) Yes, because you are observing private property and the owner of that property has a reasonable expectation of privacy
c) Yes, because you are observing private property and the owner of that property has a reasonable expectation of privacy
187) Sarah has been arrested. Her top layer of clothing is a pair of jeans and a t-shirt. You decide to do a rub down search. Just before you begin Sarah tells you she is wearing no bra beneath her t-shirt. Which of the following statements is most correct?
a) You may search any items removed from Sarah separately.
b) You may not require Sarah to remove, raise, lower or open her outer clothing as she has no other clothing.
c) You may require Sarah to remove, raise, lower or open any of her outer clothing.
b) You may not require Sarah to remove, raise, lower or open her outer clothing as she has no other clothing.
188) As a condition of the authorisation of your SW application, an IO may require you to complete:
a) A S & S system SW outcome
b) A s104 search warrant report
c) A post warrant intelligence report.
b) A s104 search warrant report
189) You are executing a search warrant on a known drug dealer’s house. At the house you located a vehicle. You made reference to the vehicle on the search warrant. Can you search the vehicle?
a) no, you will have to go get another search warrant issued to search the vehicle.
b) yes, since the vehicle is within the property named on the warrant.
c) yes, but only with the owner’s consent.
b) yes, since the vehicle is within the property named on the warrant.
190) Section 110 allows you to use reasonable force for the purposes of carrying out a search and seizure in respect of:
a) Any property you can lawfully search
b) Any person hindering your search
c) Property and any person hindering your search
a) Any property you can lawfully search
191) You and several other officers are called to a party that has got out of control. A young woman at the party tells you that she was sexually assaulted in the bedroom of the house. One of your colleagues leaves to apply for a SW. Could you use s117 in these circumstances?
a) Yes, because a SW is being sought and you believe the evidential material may be CADD or removed.
b) Yes, because a SW is being sought, you are at the place and suspect that evidential material may be CADD or removed.
c) Yes, because a SW is being sought, you are at the place and believe that evidential material may be CADD or removed.
c) Yes, because a SW is being sought, you are at the place and believe that evidential material may be CADD or removed.
192) The Issuing Officer has authorised your SW for a car used in a drive by shooting. An informant tells you that the car is now parked in the driveway of a suburban house. You drive by the house and see the car is there. The SW allows you to:
a) Enter the place and search it under the SW.
b) Enter the place to search the car and the place.
c) Enter the place to execute the SW on the car.
c) Enter the place to execute the SW on the car.
193) CADD stands for:
a) concealed, altered, deleted, destroyed
b) concealed, altered, damaged, destroyed
c) concealed, adjusted, deleted, destroyed
b) concealed, altered, damaged, destroyed
194) Whilst executing a search warrant for stolen property, you open a hallway cupboard and see a large zip lock bag that contains what you are certain is cannabis plant material. Under Section 123 of the Search and Surveillance Act 2012, you may:
a) Seize the item for purpose of further analysis.
b) Seize the item in the interim while a search warrant is being prepared.
c) Seize the item if you have reasonable grounds to believe you could have seized the item under any search warrant you could have obtained.
c) Seize the item if you have reasonable grounds to believe you could have seized the item under any search warrant you could have obtained.
195) You are dispatched to a P1 event where a man who is on work release from a psychiatric instruction has just threatened his neighbours with a small hand gun. On arrival you find the man sitting in his car in his driveway. Can you search without warrant for the gun?
a) Yes, you can search the man, his car, anything in his possession and his property.
b) Yes, you can search the man and his car and the neighbour’s property.
c) No, you cannot search the man or his vehicle as they are on private property.
a) Yes, you can search the man, his car, anything in his possession and his property.
196) When executing a SW for stolen goods in or on a place or vehicle you must always comply with your s131 obligations to give notice except when:
a) circumstances exist that make it too dangerous or might prejudice the investigation
b) the occupant clearly consents to you executing the SW and you do not seize any items
c) the owner or occupier is not present at the place or vehicle to be searched.
a) circumstances exist that make it too dangerous or might prejudice the investigation
197) When is a search warrant deemed to be legally executed?
a) when the property specified in the warrant has been seized.
b) when the warrant has been endorsed.
c) when the premises specified in the warrant have been entered
a) when the property specified in the warrant has been seized.
198) An authorised SW is usually valid for:
a) 14 days
b) 7 days
c) 30 days
a) 14 days
199) The Issuing Officer has authorised your SW for a car used in a drive by shooting. An informant tells you that the car is now parked in the driveway of a suburban house. You drive by the house and see that the car is there. The SW allows you to:
a) enter the place to execute the SW on the car
b) enter the place to search the car and the place
c) enter the place and search it under the SW
a) enter the place to execute the SW on the car
200) When a person is to be locked up in Police custody, a search can be undertaken under s11. The primary purpose of this search is to:
a) seize any evidential material found
b) take items that may be used to self-harm
c) remove money or property for safekeeping
c) remove money or property for safekeeping
201) You arrive at a house after a neighbour reported hearing screaming and crying from the property. The neighbour says the noise stopped after she saw a man leaving the property in a car. The neighbour is very concerned for the woman who lives there. Can you enter the house without warrant?
a) No, as there is no longer any noise coming from the house and no complaint from the woman who lives there
b) Yes, as you have RGTS there is a woman inside the house who may require an emergency response
c) Yes, as you have RGTB an offence punishable by imprisonment has occurred on the premises
b) Yes, as you have RGTS there is a woman inside the house who may require an emergency response
202) Section 18 Warrantless searches associated with arms gives you the power to do which one of the following?
a) Search persons and place (excluding vehicle), enter place, seize and detain firearms, seize and detain firearms licence.
b) Search persons or possessions (including vehicle) and place, seize and detain firearms and detain firearms licences.
c) Search persons or possessions (including vehicle) and place, enter place or vehicle, seize and detain firearms, seize and detain firearms licence.
c) Search persons or possessions (including vehicle) and place, enter place or vehicle, seize and detain firearms, seize and detain firearms licence.
203) You have a search warrant to enter and search a flat belonging to a woman who you have RGTB has stolen an iPod and other small electronic items. When you arrive the woman and her two flatmates are at the address. You detain them under s118 (Powers of detention incidental to powers to search places and vehicles) Can you search the women and her flatmates under s119? (Powers of search by person):
a) No, you may only search the women as you have RGTB you will find the evidential material on her.
b) No, you cannot search the flatmates without first exercising a power of arrest.
c) Yes, as s119 permits a search of anyone found at the place when you have RGTB the evidential material will be found.
c) Yes, as s119 permits a search of anyone found at the place when you have RGTB the evidential material will be found.
204) Jimmy breaches the conditions of the Protection Order held by Jenny when he enters their home and assaults her. Jenny tells you that Jimmy has gone to his mate’s house to pick up his belongings because he says he’s leaving town. Which warrantless power could you use on Jimmy’s mate’s house?
a) s7 Warrantless entry to arrest Jimmy who is now unlawfully at large
b) s8 Warrantless entry to arrest Jimmy who has committed the offence of assault
c) s15 Warrantless entry to locate evidential material relating to the offence
b) s8 Warrantless entry to arrest Jimmy who has committed the offence of assault
205) At morning’s fall in you are told that Tim failed to appear at court on several charges under the Land Transport Act and there is now a WTA in place. You are out patrolling when you see him drive past. You stop his car under s9. Which power of search would you use following your arrest of Tim?
a) s11 custody search for property and money
b) s85 search for items that could harm any person or facilitate escape
c) s88 search for evidential material
b) s85 search for items that could harm any person or facilitate escape
206) Your completed SW application must show clear connections between:
a) any suspects, any offence and evidential material for those offences.
b) the offence, any suspects and any evidential material they may hold
c) the offence, the target address and evidential material sought there.
c) the offence, the target address and evidential material sought there.
207) You are executing a search warrant and locate a cellphone referred to on the warrant. You observe the cellphone is turned on. What action should you take to uplift it as an exhibit?
a) Leave it switched on, uplift and contact HTCG for advice
b) Turn the phone off, uplift and seal in an exhibit package
c) Access the contents of the cellphone to identify the owner
b) Turn the phone off, uplift and seal in an exhibit package
208) An appreciation is the mental process, the written plan:
a) Is primarily for use in discussion or briefing events with colleagues and supervisors
b) Shows that investigator has done their job thoroughly and knows their responsibilities
c) Records decision making and shows why a certain course of action was decided
c) Records decision making and shows why a certain course of action was decided
209) Which statement best describes hypotheses and why you might use them?
a) Hypotheses are the product of creative thinking. They are used to verify the collection of evidential material
b) Hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry
c) Hypotheses suggest explanations for a group of facts. They are used to support the interpretation of evidence
b) Hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry
210) Appreciation technique, what is a factor?
a) An actual event that must be taken into consideration.
b) A statement of truth about a known influence or circumstance.
c) A consideration of something that is known or assumed.
b) A statement of truth about a known influence or circumstance.
211) Which words best describe the Appreciation technique?
a) A four step process to identify problems and find appropriate solutions.
b) A four step problem solving process that informs decision making.
c) A four step process that is written down, not committed to memory.
b) A four step problem solving process that informs decision making.
212) Which of the following statements best describes an investigative mind-set?
a) The knowledge and skills that that investigator develops overtime mostly through on the job learning with a good mentor.
b) A principled approach to the way investigators examine material and make appropriate and reasonable decisions.
c) A state of mind or attitude which is demonstrated through investigative knowledge and skills and continuously asking “so what”
b) A principled approach to the way investigators examine material and make appropriate and reasonable decisions.
213) What is meant by an investigator’s ‘working rules’?
a) The investigation rules that are known but not always applied.
b) The knowledge and skills learnt from investigator experience
c) The rules set down in the NZP Police Code of Conduct.
b) The knowledge and skills learnt from investigator experience
214) What are the sequential steps of the Appreciation technique?
a) Aim, factors, courses open, plan
b) Aim, plan, factors, courses open
c) Aim, courses open, plan, record
a) Aim, factors, courses open, plan
215) For any investigation you should aim to collect:
a) The maximum amount of material and examine for its use
b) Evidence first then look for information and intelligence
c) Only material that you know is relevant and admissible.
a) The maximum amount of material and examine for its use
216) Constables Jenkins and Tuigamala respond to a P1 home invasion where the victim says the offender has entered and exited through the door into the backyard and absconded over the fence into a neighbouring property. To protect the collection of forensic evidence they cordon the scene and establish a common entry pathway via:
i) The front door through which the constables entered
b) A small gateway opening to the next door property
c) Double glass doors to the deck at the rear of the house
c) Double glass doors to the deck at the rear of the house
217) Primary transfer occurs when
a) The O/C initial party hands over scene control to O/C case
b) There is direct transfer of material between one party and another
c) There is indirect transfer of material between a party and another
b) There is direct transfer of material between one party and another
218) The Hot zone in a serious crime scene can be described as the part of the scene where scene examiners:
a) Conduct forensic analysis of items in the material collection
b) Reconstruct the scene and formulate a forensic strategy
c) Search for, uplift and package items for exhibits and analysis
c) Search for, uplift and package items for exhibits and analysis
219) The Warm zone can be described as a place inside the scene cordon where:
a) Forensic material is identified, retrieved and examined
b) Exhibits are processed by a crime scene team member
c) The O/C scene briefs the examination team members
b) Exhibits are processed by a crime scene team member
220) The warm zone in a serious crime scene is a transition zone to enable scene examiners to:
a) Put on and take off protective clothing
b) Examine and photograph exhibits
c) Clean equipment to be used in the hot zone
a) Put on and take off protective clothing
221) If the O/C Initial Action party locates an item they believe is going to rapidly deteriorate, the best course of action is to:
a) take immediate action to preserve the item.
b) notify the O/C Investigation and await further instructions.
c) leave it insitu and await arrival of a photographer.
a) take immediate action to preserve the item.
222) Which of the following actions is one way of preventing post incident cross contamination of a victim of a serious assault:
a) Ensuring different officers interview the victim and suspect.
b) Transporting the victim and offender in the same vehicle.
c) Taking photos of the victim as soon as possible.
a) Ensuring different officers interview the victim and suspect.
223) The initial action party at the scene of a serious crime must work quickly to:
a) Collect sufficient information to brief the O/C scene.
b) Remove people from the scene to reduce further contamination
c) Establish hot, warm and cold zone.
b) Remove people from the scene to reduce further contamination
224) Which of the following statements describes when contamination occurs?
a) The movement of exhibits is not recorded in the exhibit register.
b) Many people enter and leave the scene.
c) The crime scene is doused in continuous rain
b) Many people enter and leave the scene.
225) A search is a part of most crime scene examinations. Adopting a search pattern assists to:
a) Prevent destroying or contaminating any possible evidence
b) Use staff efficiently to maximise the material collection
c) Examine the scene in a thorough and controlled manner
c) Examine the scene in a thorough and controlled manner
226) The “Golden hour” concept refers to the time when
a) Forensic specialists examine and uplift scene exhibits
b) Evidential material is more readily available at a crime scene
c) The offender is quickly located, questioned and arrested
b) Evidential material is more readily available at a crime scene
227) If you are a member of an initial action team at the scene of a suspicious death and a medical officer confirms the victim is deceased, then you must secure the scene and:
a) Do not touch or move the body unless absolutely necessary
b) Protect the victim’s dignity by covering or arranging the body
c) Mark the position of the body and arrange for the undertaker
a) Do not touch or move the body unless absolutely necessary
228) The I car is first to the scene of a serious crash incident where 2 people in one car are injured and trapped. The constables’ first duty is to:
a) Ensure the crash scene is a safe as possible
b) Establish a pathway into and out of the scene
c) Assess the injured people and give first aid
a) Ensure the crash scene is a safe as possible
229) The O/C initial action party could decide to immediately uplift an item from a scene of a serious crime when the item:
a) Will distress the victim’s family should they see it
b) Cannot be protected from the elements and will deteriorate
c) Is illegal and can be confiscated immediately without warrant
b) Cannot be protected from the elements and will deteriorate
230) When packaging an exhibit in a windowed paper bag or Kleensak you must:
a) Fold over the top of the bag 2-3 times and seal with tape
b) Close the bag with tape and then staple to secure
c) Close the bag with ties so that contents are accessible
a) Fold over the top of the bag 2-3 times and seal with tape
231) How should a waterlogged multi-paged document be packaged for delivery to the Document Examiner?
a) Seal the wet document in an airtight container or bag
b) Allow it to dry naturally before placing in a sealed bag
c) Place the wet document in a plastic bag and leave open
a) Seal the wet document in an airtight container or bag
232) Which of the following tasks is not the responsibility of an exhibits officer?
a) Prepare exhibits in the best manner for display to the court
b) Manage the receipt, control and storage of all exhibits
c) Establish the relevance of the exhibit to the enquiry
c) Establish the relevance of the exhibit to the enquiry
233) In which zone would Police first photograph material?
a) Hot
b) Warm
c) Cold
a) Hot
234) During crime scene examination you find a small amount of a dry substance in a jar. To determine if it is to be collected for analysis you can:
a) Smell and taste the substance.
b) Roll it on your fingertips and sniff it.
c) Examine it with gloved hands.
c) Examine it with gloved hands.
235) If you are first at the scene where a body has been found your first response must be to:
a) Check for signs of life and render assistance accordingly.
b) Ensure the scene is safe to enter.
c) Mark the position of the body on the ground.
b) Ensure the scene is safe to enter.
236) A victim of a sexual assault is transported in the same police vehicle as the offender is later in the day. What is this this called?
a) Loss of evidence
b) Deterioration
c) Cross-contamination
c) Cross-contamination
237) When a victim of a Victim’s Rights Act 2002, s29 offence is transported to hospital from a crime scene, an officer should accompany the victim to ensure their:
a) Victim Impact statement is completed for the investigation
b) Clothing is collected and preserved for the exhibit collection
c) Right to go on the Victim’s notification register is explained
b) Clothing is collected and preserved for the exhibit collection
238) A common approach path to and from the crime scene is established to:
a) Control access to the scene to prevent contamination.
b) Keep records of all people who enter and exit the scene.
c) Show where the scene examination zones are located.
a) Control access to the scene to prevent contamination.
239) Contamination of DNA evidence is a real risk. The minimum standard of protective clothing to be worn by everybody entering a scene is:
a) Gloves and masks.
b) Masks and booties.
c) Gloves and booties.
a) Gloves and masks.
240) The purpose of an initial reconnaissance by the first on the scene officers at a serious crime scene is to:
a) Generate a valid theory about the offender’s location.
b) Inform COMMs who is required for the scene examination
c) Survey the scene to establish the action required to secure
c) Survey the scene to establish the action required to secure
241) Male A dances with Female B, who is wearing a blue jersey, and he gets blue fibres on his top. Later on that night Male A dances with Female C and some of the blue fibres are transferred to her shirt. Which of the following is an example of primary transfer?
a) Female B and Female C
b) Male A and Female B
c) Male A and Female C
b) Male A and Female B
242) If you are first at the scene where a body has been found then you must secure the scene and:
a) Do not touch the body under any circumstances.
b) Check for signs of life and render assistance accordingly.
c) Mark the position of the body and arrange for the undertaker.
b) Check for signs of life and render assistance accordingly.
243) The correct method to collect a dry blood sample at a crime scene is to:
a) Add sterile water to the blood then gently rub with dry swab
b) Dampen swab with sterile water then gently rub the blood
c) Dab blood with dry swab then sterile water to the swab
b) Dampen swab with sterile water then gently rub the blood
244) When making a reconstruction of a crime scene you must remember to:
a) Delay your reconstruction until all facts are established.
b) Revise your construction as new facts are obtained.
c) Always start at your initial point of entry to the scene.
b) Revise your construction as new facts are obtained.
245) You locate a pile of wet documents at a scene and want to forward them to the document examiner. The correct procedure is:
a) Seal in an airtight container or bag and forward the wet documents to the examiner.
b) Carefully separate the pages for drying and then when dry place each page in a plastic sleeves before forwarding for examination.
c) Dry the pile of documents before sealing in an envelope and forward for examination.
a) Seal in an airtight container or bag and forward the wet documents to the examiner.
246) Because deleted images can very easily be recovered from digital camera, the guidelines direct:
a) Digital cameras are assigned to a named position or employee
b) The image taker should regularly reformat the camera
c) The image taker must promptly delete the images in the camera
a) Digital cameras are assigned to a named position or employee
247) Care must be taken when placing stepping plates in the Hot zone because they:
a) May conceal or change evidence in the scene.
b) Can only be placed on a nonslip surface.
c) Are heavy and not easy to manoeuvre.
a) May conceal or change evidence in the scene.
248) COMMS will assist with serious scene coordination by contacting forensic specialists required. As a general rule, which forensic specialist will be called first to attend the scene?
a) A SOCO or Fingerprint expert
b) An ESR scientist
c) A photographer
c) A photographer
249) The best practice motto for crime scene initial action is Freeze, Guard, Control, and Preserve?
a) the witnesses
b) the evidence
c) the chain of custody
b) the evidence
250) Evidential Material, in relation to a particular offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence. A tangible item that could be evidential material is:
a) Online banking records
b) A locked iPhone
c) Image library in cell phone
b) A locked iPhone
251) ‘Chain of evidence’ refers to:
a) The forensic material collected to support the prosecution case
b) The order in which exhibits are presented by the prosecution
c) The official record of exhibit collection, security and movement
c) The official record of exhibit collection, security and movement
252) Ensuring the admissibility of forensic evidence presented to the court requires understanding of which of the following groups of words:
a) persistence, contaminate, inference, secure
b) relevance, oppression, veracity, reliability
c) contaminate, relevance, integrity, security
c) contaminate, relevance, integrity, security
253) An exhibits envelope should be securely packaged by:
a) Closing the edges with staples and then sealing with tape.
b) Taping the opening edges and securing with staples.
c) Tape sealing all edges and signing across the tape.
c) Tape sealing all edges and signing across the tape.
254) The O/C initial action party is responsible for effectively briefly and conducting handover to an O/C Scene on their arrival at a serious crime scene. What information is essential to the integrity of the crime scene examination?
a) All known details relating to the offender’s movements.
b) Records of notebook entries, observations and witness details.
c) Details of any post incident movement in the crime scene.
c) Details of any post incident movement in the crime scene.
255) When you need to remove a wet exhibit from a crime scene, how should you transport it to the police station?
a) Uplift and secure in an unsealed paper bag or kleensak.
b) Uplift and secure and seal exhibit in a clean plastic bag.
c) Uplift and secure in a clean and unsealed plastic bag.
c) Uplift and secure in a clean and unsealed plastic bag
256) Ensuring that the continuity of the ‘Chain of evidence’ is maintained refers to the specific duties of the:
a) O/C investigation
b) ESR scene examiner
c) Exhibit officer
c) Exhibit officer
257) All material gathered during an investigation should be evaluated through the filters of:
a) Relevance, reliability, admissibility
b) Fact, assumption, hearsay
c) Corroboration, accuracy, fairness
a) Relevance, reliability, admissibility
258) A women dances with a man, Male A, who is wearing a red jersey and she gets red fibres on her top. Late in the evening she dances with another man Male B and some of the red fibres are transferred to the shirt of that man. The scenario is an example of secondary transfer between:
a) Male A and Male B
b) The women and Male B
c) The women and Male A
b) The women and Male B
259) Evidence is improperly obtained if it is:
a) Obtained from a suspect after arrest.
b) Obtained from an unreliable witness.
c) Obtained unfairly or unlawfully.
c) Obtained unfairly or unlawfully.
260) You are required to take some crime scene photographs as the Police photographer is unavailable. You are aware that the crime scene has been altered and several exhibits moved. You should:
a) Return exhibits to their original location and then take photographs.
b) Only take photos of the specific exhibits as the crime scene itself is contaminated.
c) Photograph it in its new state.
c) Photograph it in its new state.
261) The initial action party at the scene of a serious crime must work quickly to:
a) Uplift specific items of interest within the scene (e.g. weapons)
b) Conduct interviews with all witnesses present at the scene
c) Cordon the area to prevent any person entering the scene
c) Cordon the area to prevent any person entering the scene
262) In a forensic sense, what does persistence refer to?
a) The length of time biological material can be detected following a crime
b) The way in which biological material adheres to a surface
c) The nature of the procedures undertaken by forensic specialists
a) The length of time biological material can be detected following a crime
263) Which of the following tasks is the responsibility of the exhibits officer at a serious crime scene?
a) Managing the receipt, control and storage of all exhibits.
b) Establishing the relevance of an exhibit to the enquiry.
c) Analysing exhibits for forensic material.
a) Managing the receipt, control and storage of all exhibits.
264) The hot zone in a serious crime is best described as:
a) a zone where scene guards record movements of staff to and from the scene
b) a zone where forensic analysis of exhibits takes place
c) that part of the scene requiring examination and evidence collection
c) that part of the scene requiring examination and evidence collection
265) When taking digital images of a crime scene yourself, you must start an audit trail recording the details of the images in your notebook. What details must be recorded?
a) date, time and file number range
b) date, time and location
c) date, file number range and camera make and mode
b) date, time and location
266) Entomology is the science of studying:
a) Insects
b) DNA
c) Fingerprints
a) Insects
267) The decontamination zone model is used at a scene of a major crime because:
a) The scene will contain both biological and physical evidence
b) The forensic evidence it contains is contaminated
c) The scene requires a search plan that ensures close scrutiny
c) The scene requires a search plan that ensures close scrutiny
268) Think about the definition of a crime scene and select the situation most likely to lead to cross contamination?
a) When the material in a scene is altered by strong sunlight
b) When scene equipment is re-used without cleaning
c) When an examiner wears protective clothing but no mask
b) When scene equipment is re-used without cleaning
269) When executing a SW on a property, you seize items from the house and a garage on the property which is rented out. Under s133 (Inventory of items seized) you must provide a POL268 inventory of the items seized from the garage to
a) the person renting the garage
b) the owner of the garage
a) the person renting the garage
270) An unknown informant calls police saying John is outside the local college selling cannabis. On arrival you observe John talking to and exchanging money for tinfoil packages with two students. Can you conduct a warrantless search of John for cannabis?
a) No, because John is not in or on any place or vehicle being searched
b) Yes, because you have RGTS an offence against MODA 1975 is being committed
c) Yes, because you have RGTB evidential material will be CADD
b) Yes, because you have RGTS an offence against MODA 1975 is being committed
271) Can you withhold personal property seized under s11 when a person is released from custody?
a) Yes, you can withhold any property if in your opinion it may be given in evidence in proceedings for the charge brought against the person
b) No, you can remove personal property from a person when searching them under s11 and must return it when they are released
c) No, you can withhold all property from a person who is being released for as long as you deem necessary under the circumstances
b) No, you can remove personal property from a person when searching them under s11 and must return it when they are released
