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