Test Questions 3 Flashcards
Pursuant to Section 19 S&S Act 2012, which of the following statutes authorise the search of persons during the execution of a search warrant?
Misuse of Drugs Act 1975.
If you are the first at the scene where a body has been found your first response must be to:
Check for signs of life and render assistance accordingly.
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?
As soon as reasonably practicable after the service of the summons.
Who is responsible for filing formal statements?
The O/C or the Registrar or The Prosecutor
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:
Assault with intent to injure
You respond to a call from Comms about people in a car who are reported to have pointed a riffle 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:
RGTS the passengers have a firearm in the vehicle and RGTS they are committing an offence against the Arms Act 1983.
If no Police Bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?
No more than 14 days from the date bail was granted.
You are en route to the scene of an armed robbery where it is believed that an air riffle 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?
Yes, providing you have reasonable grounds to suspect they are in possession of it.
Are pre-trial admissability hearings available before both judge-alone and jury trials?
Yes.
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 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 aced in self-defence?
No, there was not force or imminent force from Brian to be resisted or prevented and Shane’s response was not reasonable in the circumstances.
When do you caution a youth?
Before asking questions intended to obtain an admission.
The meaning of the term ‘arbitrarty detention’ as explained in the case R v Gopodwin (1983) is:
When words or conduct of an officer cause a person to believe that he or she is not free to go.
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:
Enter that place to execute the SW on the car.
John, a well-known criminal, threatens to punch Jim in the head with a knuckleduster and then walks off down the road. Jason witnesses the incident. You locate John in the next street. You can search him because:
You have RGTS John has committed an offence against s202A(4)(a) of the Crimes Act 1961.
What must happen before a judge can require a plea to be entered?
Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice.
In relation toe some MODA 1975 offences, s20 allows you to search which of the following:
Any vehicle and place
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’?
Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife.
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:
The front door through which the constables entered.
How should a waterlogged multi-page document be packaged for delivery to the document examiner?
Seal the wet document in an airtight container or bag.
What are the Police responsiblities to the victim when a section 29 suspect is released on bail?
Police must advise all victims, as soon as practicable, of the outcomes and conditions of any bail application.`
What are the aims of case management discussions?
To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial.
The intial action party at the scene of a serious crime must work quickly to:
Cordon the area to prevent any person from entering the scene.
If your file has been sent back because you have been tasked with completing remedial work before the case management discussions, what is the latest time that the file needs to be with the PPS office?
Five working days before the case management discussion.
Representation refers to the behaviour of the interviewer who:
Promises a favour in return for a requested action.
The role of an interview support person for a special consideration witness is to:
Ensure their well-being and support their understanding of what is happening?
Care must be taken when placing stepping plates in the hot zone because they:
May conceal or change evidence in the scene.
In relation to section 188 of the Crimes Act 1961, the difference between subsections (1) and (2) relates to:
The intent of the suspect when causing the injuries.
Who are the victims in the crash scenario?
Karen, Sam, John, Anaru, and their families.
Which of the following scenarios could affect the reliability of a suspect interview record? When the suspect being interview is:
Tired and clearly unwell but is not offered an interview break.
In relation to an offence of aggravated robbery the ingredient of “being together with any other person or persons” means:
Must be physically present at the robbery and taking an active part.
Which of the following scenarios constitutes a robbery?
Knocking the victim to the ground whilst grabbing a cash bag.
Simon is walking down the street texting his girlfriend. He is approach 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 the realises the phone is not the model he’s after and gives it back to Simon. What offence has John committed?
Robbery - The theft element is complete as soon as the item is moved or caused to be moved.
Who is responsible for ascertaining the victim’s views on bail of a person accused of a section 29 offence?
Police must ascertain the victim’s views and ensure the court is informed of those views.
If the O/C initial action party locates an item they believe is going to rapidly deteriorate, the best course of action is to:
Take immediate action to preserve the item.
You are executing a search warrant on a known drug dealer’s house. At the house you located a vehicle. You have made no reference to the vehicle on the search warrant. Can you search this vehicle?
Yes, since the vehicle is within the property named on the warrant.
At interview a suspected is cautioned for a second time when he reveals his involvement in another crime. He contacts his lawyer and then says he has been advised to claim his right to silence and will not answer any more questions. You should:
Inform him of the allegations against him and record any responses he may make.
Police are responsible for informing a victim of a section 29 sexual offence that:
They have rights in legislation that protect their privacy throughout court proceedings and reporting.
When should an investigator visually record a witness interview?
When the interview is needed for completeness and accuracy of evidence.
If you are stopping a vehicle without warrant for the purposes of a 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 answer is the most appropriate course of action to take?
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.
Which words best describe the appreciation technique?
A four step problem solving process that informs decision making.
Pursuant to S&S 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?
Charge him n relation to the cell phone and retain possession of the property.
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:
In the last three months will be attached to your application.
How long is a SW typically valid for?
14 days.
You have arrested an adult male and want to interview him further. Which of the following statements is most accurate?
You can interview him while being mindful of the need to proceed to court as soon as possible.
An exhibits envelope should be securely packaged by:
Tape sealing all edges and signing across the tape.
