witnesses/suspects

Question 1

A compliant witness is one who always provides good information to assist the investigation

True
False

Answer 1

False

Question 2

You should not obtain a written statement from a witness of doubtful reliability as the statement will more tahn likely be inadmissible

TRUE
FALSE

Answer 2

FALSE

Question 3

When thre are multiple witnesses to a serious incident/offence the investigator should :

• Sepearte the witnesses, conduct a brief initial interview with eacah and gather witness details
• listen to their collective recall of events and assess who can provide the most accurate recall of the incident
• separate the witnesses as soon as feasible, ask them to wait and call for advice and assistance

Answer 3

Sepearte the witnesses, conduct a brief initial interview with eacah and gather witness details

Question 4

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

Answer 4

TRUE

Question 5

If a special consideration witness refuses to be interviewed but is happy to talk informally about an event, you may still discuss the offence details with them and continue to question them to clarify information
TRUE
FALSE

Answer 5

TRUE

Question 6

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:

• consider their concersn and assess their reasons, discuss with your supervisor if a visually recorded interview is required
• Alert a supervisor to the status as a special consideration witness and the need for a specialisy interviewer
• consider their concerns and do not proceed with the interview if they do not have a support person

Answer 6

-consider their concersn and assess their reasons, discuss with your supervisor if a visually recorded interview is required

Question 7

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
• Protect the witness from wrongfully incriminating themselves or others
• emphasise with the witness and assist them to give their account

Answer 7

-Ensure their well being and support their understanding of what is happening

Question 8

Should a person who is intoxicated at interviewbe treated as a sepcial consideration witness?

• Yes because thier ability to give accrate information is affected
• Yes becasue they will not fully understand the reason for the interview
• No because alcohol only temporarily impairs their baility to talk

Answer 8

Yes because thier ability to give accrate information is affected

Question 9

you should not obtain a writeen statement from a witness of doubtful reliability as the statement will more than likely be inadmissible

TRUE
FALSE

Answer 9

FALSE

Question 10

If a witness becomes a suspect during interview, then the interviewer should:

• caution, shift to procedures for interviewing suspects and ensure the interview is visually recorded
• switch to conversation management to control the suspect and continue to interview
• Caution and detain witness, close the interview and inform their supervisor

Answer 10

-caution, shift to procedures for interviewing suspects and ensure the interview is visually recorded

Question 11

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

TRUE/FALSE

Visually record the interview

• allow the interpreter unsupervised time with the witness
• Avoid using a interpreter who knows the witness
• Discuss the aim and objectives of the interview wit the interpreter
• Use your interview notes to write the statement in English

Answer 11

TRUE
FALSE
TRUE
TRUE
TRUE

Question 12

When planning an interview with a special consideration witness, the investigator should:

• Consult a supervisor to make decisions about the interview
• conduct the interview promptly to avoiud memory loss
• prepare to use conversation management to maximise the witnessa account

Answer 12

-Consult a supervisor to make decisions about the interview

Question 13

In general, should an investigator regarda child or youth under the age of 18 years as a special consideration witness?

Answer 13

Yes because their age and maturity level may mean they are vulnerable in an interview situation

Question 14

A special consideration witness may be described as “vulnerable”. Vulnerable means:

• Angry, suspicious, defenceless
• suspicious, inconsistent, stressed
• susceptible, defensive, in a weak position

Answer 14

susceptible, defensive, in a weak position

Question 15

A special consideration witness is one who:

• Is more likely to give a statement that will be difficult to corroborate thereby creating more work for the investigator
• Is unable to remember details of the offence they witnessed due to the time that has lapsed before the interview
• Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate

Answer 15

-Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate

Question 16

An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory.

Answer 16

TRUE

Question 17

You are interviewing a male suspect about a number of offences and after you begin to probe the inconsistencies in his account he says he is not prepared to say anything else but continues to answer your questions.

Is the complete statement / video record admissible?

Answer 17

• No, only the part before the suspect claimed their right to silence is admissible.

Question 18

An interview you are under no obligations to advise the suspect of everything known before asking for the suspect’s version of events.

Answer 18

TRUE

Question 19

In relation to cross examination which of the following answers is correct?

Answer 19

• Questions aimed at establishing further facts from answers given are acceptable.

Question 20

The investigative interviewing suspects guide provides direction on how to introduce a challenge. It suggests a process of using a sequence of phrase starting with key words.

Answer 20

• You said…. We have…. Explain that….

Question 21

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?

Answer 21

• Advise the suspect of that fact and the reason for the delay.

Question 22

At interview a suspect 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

Answer 22

• Inform him of the allegations against him and record any response he may make.

Question 23

When investigating an offence you may ask questions of any person of whom it is thought that useful information may be obtained but they are under no obligation to answer your questions.

Answer 23

TRUE

Question 24

Correctly informing a suspect of the caution at the beginning of an interview ensures that the interview record will be admissible.

Answer 24

TRUE

Question 25

The preference to video record an interview with a suspect only applies when they are suspected of committing a category 1 or 2 offence.

Answer 25

FALSE

Question 26

All suspect interviews should preferably be recorded by video recording unless that is impractical or unless the person declines to be recorded by video.

Answer 26

TRUE

Question 27

The Chief Justice Practice Note on Police Questioning.

Answer 27

Directs the conduct of Police interviewing practice as guided by the judiciar

Question 28

When cautioning a suspect you are not obliged to inform the suspect that

Answer 28

• They can decide with a lawyer whether to go on video or nor.

Question 29

Persistent questioning is generally acceptable interviewer behaviour while cross examination can be regarded as inappropriate interviewer behaviour.

Answer 29

TRUE

Question 30

According to CJPN Guideline 4, when you are questioning a suspect about statements made by a witness you should

Answer 30

• Explain the substance or nature of the witness statements to them.

Question 31

Guideline 5 directs that after the completion of an interview the suspect should be given opportunity to review the interview record and. (TRUE or FALSE)

• Make any additions
• Sign that they have read it and agree with it
• Correct any errors

Answer 31

TRUE
TRUE
TRUE

Question 32

After charging a shoplifter with theft and lodging her in the cells, you receive information leading you to suspect her of further thefts

Answer 32

• Interview her again on video, caution again and question her about the new allegations.

Question 33

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 circumstances Police behaviour must reflect Guideline 1 of the CJPN which is

Answer 33

• You must not suggest through words or actions that a person must answer your questions.

Question 34

When interviewing a person suspected of committing an offence, when should the caution be administered?

Answer 34

• When you have sufficient evidence to charge a person with an offence.

Question 35

The truth may be elusive, so you may need to be persistent. In this statement persistent refers to interviewer behaviour and means

Answer 35

Asking questions in a manner that will stand up to the scrutiny of the court

Question 36

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 marching is turned off.

What response should she receive?

Answer 36

The machine will be turned off immediately as requested.

Question 37

Which of the following behaviours demonstrated by the lawyer at a suspect interview would be deemed unacceptable?

Answer 37

Answering the interviewer’s questions on behalf of their client.

Question 38

A 20 year old male physically resists arrest and after being given the rights caution he is placed in the cells. Some time later he refuses to leave the cell for an interview. Mark the incorrect statement.

Answer 38

An interview can proceed without his consent.

Question 39

During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint

Answer 39

Yes, the complaint should be noted on video and the suspect told they will be referred to a senior officer following this interview.

Question 40

The meaning of the term arbitrary detention are explained in the case R vs Goodwin (1993) is

Answer 40

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

Question 41

Section 22 of the NZ Bill of Rights Act 1990 deals with the rights of a person who has been arrested or detained.

Match the descriptions with the definitions.

Answer 41

• When a person is detained for questioning without understanding they are free to leave (Arbitrary Detention)
• When a person is detained under an enactment € e.g S 202B Crimes Act 1961 and exercises their right to silence (Lawful Detention)
• When a person in authority uses that authority to restrict the movement of another (Arrest)

Question 42

Under Section 29 of the Evidence Act 2006, oppression is defined as

Answer 42

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

Question 43

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

Answer 43

Beyond reasonable doubt

Question 44

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 44

• Balance of probabilities.

Question 45

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. H shrugs, readily admits his involvement and ,after pleads guilty Would the above admission by your suspect be admissible in court?

Answer 45

• no, because the admission was obtained by misrepresenting the truth to your suspect

Question 46

Last week you were called o large department store where security advises they have CCTV evidence of the female 18yrs old shoplifting clothing. On further investigation you fin s 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 46

the likelihood of the offence being repeated