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.