Test Questions 1

Question 1

In applying the evidential test you must determine if there is a reasonable prospect of conviction through examining the:

Answer 1

Sufficiency of the admissible evidence

Question 2

Care must be taken in police interaction with a witness because:

Answer 2

A witness’s needs and individual circumstances must be taken in to account by an interviewer.

Question 3

Shane (15 years) witnessed his father beat his mother causing her serious injuries. At interview it was apparent that Shane’s evidence supports his fathers prosecution but Shane is reluctant to give his evidence in court, What are the O/C’s responsibilities in the given circumstances?

Answer 3

Convince Shane of the importance of his evidence and gather his view on giving his evidence in an alternative way

Provide a report to the Prosecutor outlining information (relevant grounds) for Shane to give his evidence in an alternative way

Question 4

When and why is a CSV1 required?

Answer 4

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.

Question 5

An intellectual, psychological or psychiatric impairment may affect the witness’s cognitive process and hence their ability to:

Answer 5

Recall information completely

Question 6

A witness is reluctant to give information that will incriminate a friend should be advised of the possible consequences of their withholding information.

Answer 6

False

Question 7

Ann was the Victim of a serious unprovoked assault by her neighbour who was eventually arrested and sentences to a term of imprisonment. Recently, a friend had told her that the neighbour was ‘coming up for parole’ and worried that he would be released from prison, Ann drove to the local Police station and explained to an officer in the watch house that at the time of the arrest the O/C had told that she could register on the Victim Notification Register.

Ann could not remember whether or not the O/C had helped her with this or not. The officer told Ann that Police was not responsible for the Victim Notification Register and he did not know who was. Ann left the station feeling frustrated and fearful.

How can Police ascertain if a Victim of a Section 29 offence has been registered on the Victim Notification Register?

Answer 7

Query the Notifications database on the National Bulletin Board

Question 8

Under the Crown Law Prosecution guidelines 2010.

When the admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must:

Answer 8

Apply the public interest test to determine if a prosecution is required.

Question 9

An appreciation is the mental process, the written plan

Answer 9

Records decision making and shows why a certain course of action was decided.

Question 10

The Victim Impact Statement is the record of the Victim’s own words about what happened and their opinion of the offender.

Answer 10

False

Question 11

The purpose of the Victim Notification Register (VNR) is to:

Answer 11

Ensure the Victim is notified about the offenders status and location, so that the Victim’s safety can be managed.

Question 12

What are the responsibilities to the Victim when a Section 29 suspect is released on bail?

Answer 12

Police must advise all Victims, as soon as practicable, of the outcome and conditions of any bail application.

Question 13

At the time the offender is sentenced a victim impact statement should be:

Answer 13

Updated if more than 28 days old

Current if completed within the last 28 days

Question 14

Match the purpose of the Police form to its code:

Answer 14

 The Police form that records the police referral of the victim to the court victim advisor - CSV1
 The Police form that records the Police opposition to the Defendants bail and the victims views on their safety - POL128
 The Police form that records the victims request to be notified about the bail/release/escape or absence of the offender/defendant - POL1065
 The Police form that records the effects of the crime on the victim and others who have been disadvantaged by the offence - POL392
 The Police form that provides a record of Police contact with the Victim and the actions completed - POL1060

Question 15

When you are interviewing a witness about a serious incident and the witness requires an interpreter then you should:

Answer 15

Visually record the interview

Avoid using an interpreter who knows the witness

Discuss the aims of the interview with the interpreter

Question 16

In relation to opposing bail for a person charged with a Section 29 offence Police must:

Answer 16

Make all reasonable efforts to ensure that the court is informed of the victim’s views on bail.

Question 17

Victim Impact Statements cannot be disclosed to offenders under the Privacy Act 1993, (without the victim’s consent). When the victim gives their consent the victim impact statement :

Answer 17

Can only be distributed by prosecutors

Can be given to the defence prior to the sentence hearing

Question 18

The O/C case is responsible for ensuring a victim impact statement /audio tape or vide file is held in the case file ready for the prosecution to produce in court at the time of sentencing.

Answer 18

True

Question 19

A victim impact statement may contain the victim’s comments about an offender, or prior knowledge they may have about that offender, or their opinion about the possible sentence the offender should receive:

Answer 19

False

Question 20

Prior to gathering information from the victim for the preparation of their statement the O/C case must explain how the statement will be used and gain the victim’s approval for disclosure or distribution of their statement.

Answer 20

True

Question 21

When a witness refuses to talk with you or to be interviewed, then that is there right. You should make a notebook or jobsheet record of their reasons for refusing and your opinion on why they refused.

Answer 21

True

Question 22

You and a colleague are separately interviewing two suspects at the station. Your suspect is uncooperative so you leave the room, return 5 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?

Answer 22

No, because the admission was obtained by misrepresenting the truth to your suspect.

Question 23

Arbitrary detention occurs when the arrest or detention is reasonable in the particular case

Answer 23

True

Question 24

You may only detain a person under certain enactments

Answer 24

True

Question 25

Everyone has the right not to be arbitrarily arrested or detained

Answer 25

True

Question 26

Arrest is a form of arbitrary detention

Answer 26

False

Question 27

Detained persons need not be cautioned

Answer 27

False

Question 28

When Police are called to a complaint of a prowler and the complainant is an older person or a woman and children living on their own. Police must make a referral to Victim Support.

Answer 28

True

Question 29

A good charging decision is made when the charges chosen adequately reflect the nature and extent of the criminal conduct and….

Answer 29

The court is provided with an appropriate basis for sentence.

Question 30

For any investigation you should aim to collect:

Answer 30

The maximum amount of material and examine for its use.

Question 31

Which words best describe the Appreciation Technique?

Answer 31

An analytical process that informs decision making.

Question 32

Should a person who is intoxicated at interview be treated as a special consideration witness?

Answer 32

Yes, because their ability to give accurate information is affected.

Question 33

Last week you were called to a large department store where security advises they have CCTV evidence of a female (18yrs) 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?

Answer 33

The likelihood of the offence being repeated.

Question 34

Victims Rights Act 2002 Section 29 Offences are defined as:

Answer 34

 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 their family.

Question 35

Police have no power to detain a suspect for questioning without arrest or lawful detention.

Answer 35

True

Question 36

Police may interview a person in custody. A person is ‘in custody’ when:

Answer 36

Words of arrest and physical touch clearly signals the person is not free.

Question 37

An informant tells you a man is party to a series of recent offences. You tell the man you have information that suggests he is involved and you want to interview him. He denies any involvement and agrees to the interview to ‘clear his name’. During the interview he admits his involvement but then changes his mind about continuing with the interview.

Should he have been cautioned at the start of the interview

Answer 37

No

Question 38

An informant tells you a man is party to a series of recent offences. You tell the man you have information that suggests he is involved and you want to interview him. He denies any involvement and agrees to the interview to ‘clear his name’. During the interview he admits his involvement but then changes his mind about continuing with the interview.

Can he refuse a video/audio record?

Answer 38

Yes

Question 39

An informant tells you a man is party to a series of recent offences. You tell the man you have information that suggests he is involved and you want to interview him. He denies any involvement and agrees to the interview to ‘clear his name’. During the interview he admits his involvement but then changes his mind about continuing with the interview.

Should he have been given his rights when he changed his mind?

Answer 39

Yes

Question 40

The meaning of the term ‘Arbitrary Detention’ as explained in the case R v Goodwin (1993) is:

Answer 40

When words or conduct of an officer cause a person to believe that he or she is not free to go.

Question 41

If a person is arrested for an offence you cannot interview them because they must appear before the court as soon as possible.

Answer 41

False

Question 42

Under S.24 of the NZ Bill of Rights Act 1990 a person shall be released on reasonable terms and conditions unless there is just cause for detention. This applies to:

Answer 42

A person charged with an offence and processed accordingly.

Question 43

Evidence is improperly obtained if it is:

Answer 43

Obtained unfairly or unlawfully.

Question 44

An application for the alternative way of presenting evidence may only be made if the witness is a child, a victim of sexual assault or a member of their family?

Answer 44

False

Question 45

In decisions about admissability of their interview, characteristics of the suspect such as mental, intellectual or physical disability are only taken in to account if they visibly present at the time of interview?

Answer 45

False

Question 46

The judge must exclude a defendant’s statement if they are satisfied it was influenced by oppression. What is the standard of proff required?

Answer 46

Beyond reasonable doubt.

Question 47

The Judge must exclude a Defendant’s statement if they are satisfied the statement was improperly obtained. What is the standard of proof required?

Answer 47

Balance of probabilities.

Question 48

When deciding whether to exclude a statement the Judge must consider the -

Number of qu’s put to the Defendant about the offence for which they were arrested

Pertinent characteristics of the Defendant inclusing any mental, intellectual or physical disability

Physical, mental or psychological condition of the Defendant when the statement was made

Answer 48

False

True

True

Question 49

The Judge may rule a Defendant’s statement inadmissable if he decides its content is likely to be unreliable. An example of an inadmissable statement could be a video record showing the suspect is:

Affected by drugs at the time of the interview

Promised a court outcome in return for information

Confused by the interviewer’s rhetorical questioning

Answer 49

Yes

Yes

Yes

Question 50

As defined by the Evidence Act 2006 a statement is limited to a written or verbal asertion by a person on any matter?

Answer 50

False

Question 51

Representation refers to the behaviour of the interviewer who:

Answer 51

Promises a favour in return for a requested action.

Question 52

Grant is a 38 yr old male who witnesses a stabbing in a local bar. He was a bystander and has no relationship to the victim or the suspect.

Which 2 reasons could be given to support an application for the video record of his witness interview to be played as his evidence in chief?

Answer 52

Grant will be overseas on a planned holiday at the time of the trial.

Grant says he has been badly affected by the event and can’t sleep.

Question 53

Which of the following scenarios could be an example of an interview record that has been improperly obtained?

When the suspect -

Answer 53

Repeatedly asks for a lawyer but the interview continues on without one.

Question 54

Is this statement True or False?

The Judge must exclude a statement when he or she is satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected its reliability.

Answer 54

True

Question 55

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:

Answer 55

Does not ensure the suspect really understands his rights.

Question 56

Under S.29 of the Evidence Act 2006, oppression is defined as:

Answer 56

Threats, degrading treatment or violence to the Defendant or any other person.

Question 57

As an exception to the Hearsay rule, a statement made by a Defendant is admissible against that Defendant?

Answer 57

True

Question 58

A statement made by a Defendant is admissible against a co-defendant in the proceedings?

Answer 58

False

Question 59

When deciding whether evidence was improperly obtained, which of the considerations will the Judge make?

Answer 59

The importance of any right breached and the seriousness of the intrusion on it.

Whether the impropriety was necessary to avoid physical danger to the Police or others.

Question 60

Which of the following scenarios could affect the reliability of a suspect interview record?

When the suspect being interviewed is:

Answer 60

Tired and clearly unwell but is not offered an interview break.

Question 61

Jane Smith is a 27yr old complainant of repeat sexual abuse by her father over the last 15 years.

An application can be made for Jane’s video recorded interview with Police to be played as her evidence in chief on the grounds of:

Relationship between complainant and Defendant

Trauma Jane has suffered over 15yrs

Sexual nature of her father’s alleged ongoing offending

Answer 61

True

True

True

Question 62

Under S.103 of the Evidence Act 2006 when deciding on whether to accept an application to give the evidence of a witness in an alternative way, the judge must have regard to whether the alternative way will:

Answer 62

Promote the complainant’s recovery from the alleged offence.

Question 63

Progress: Page 7 of INV102 - Study Notes

Answer 63

CYP and their families act 1989