Sum 2 Extras Flashcards
ADVOCATE
Amount of time Distance Visibility Obstructions Known or seen before Any reason to remember Time lapse since Errors
Private Activity
Activity that in the circumstances, any 1 or more of the participants in it ought to expect is observed or recorded by no one except the participants.
S.21 Bill of Rights Act
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
S.46 SAS
Surveillance device warrant required
a) Interception device
b) Tracking device
c) Observe private activity in private premise and use of device
d) Device involves trespass
e) Private activity in curtilage, and use of device, 3hrs or 8hrs
S.47 SAS
No surveillance device warrant required
a) lawfully on premises and recording without device
b) Consent audio recording
c) Intel and Security Act
d) other approved activity under another Act.
S.48 SAS
Surveillance device in emergency
max 48hrs
1 a) Entitled to apply for device warrant
b) obtaining a device warrant is impracticable
2 a) 14yr offence, and use obtains E.M.
b) S.14(2) and use prevents offending or averts emergency
c) S.18(2) and use facilitate seizure of arms
Victim
S.2 Enhanced Victims Rights Act
- Person who and offence is offence is committed
- Offence committed, suffers physical injury, loss of or damage o property
- parent or legal guardian of child or YP within 1 or 2
- immediate family of person who as result of offence, dies or is incapable, except charged with offence
Reason for level 3 child inerviewer
- To meet the needs and interests of the child
- Te ensure the statement meets the requirements of the Evidence Act
- To ensure the care and protection of the child
- The interview is child focused
Specified Offence S.29 Victims Rights Act
- Sexual nature
- Serious assault
- Serious injury / death / incapable
- Reasonable fears for physical safety or security of themselves or immediate family
Specialist Support ASAI Guidelines
Victims of Adult Sexual Assault should be offered specialist sexual assault support and be encouraged to have specialist support throughout the investigation.
Role of monitor during inerview
MENTFIE
- identify areas Missing which need clarifying or expanding for the investigation
- alert interviewer to Errors and confusions in miscommunication
- take accurate and eligible Notes of required investigative info
- record Time at significant points
- provide Feedback on content / approach to interviewer during breaks
- only Interrupt interview if absolutely necessary (equipment failure / legal requirement missed)
- complete interview Evaluation at conclusion