CIK 101 Conduct Investigation

Question 1

Q. What is meant by investigators “working rules?”

Answer 1

A. The knowledge and skills learnt from investigators experience

Question 2

Q. What is the investigators mindset?

Answer 2

A. A principled approach to the way investigators examine material and make appropriate and reasonable decisions.

Question 3

Q. For any investigation you should aim to collect?

Answer 3

A. The maximum amount of material and examine for its use

Question 4

Q. Two differences between short and full appreciations

Answer 4

A. Short- done for urgent or less complicated problems

Full- done for difficult and complex problems with a lengthy plan.

Question 5

Q. What is the written process plan?

appreciation = mental process

Answer 5

A. Records decsion making and shows why a certain course of action was taken.

Question 6

Q. An appreciation is the mental process what is the written process?

Answer 6

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

Question 7

Q. In the appreciation technique, what is a factor?

Answer 7

A. A statement of truth about a known influence and circumstance

Question 8

Q. What are the sequence steps of the appreciation technique?

Answer 8

A. Aim - A short statement of intent
Factors - a statement of truth about a known influence of circumstances
Course open - options you can identify after assessing factors
Plan - the most appropriate course to be taken in a plan of action.

Question 9

Q. What is a hypotheses and why you would use them?

Answer 9

A. Hypotheses suggest explanations for a group of facts. They can be used to generate lines of inquiry.

Question 10

Q. The O/C case or suitably tasked person is responsible for the preparation of the VIS. T/F

Answer 10

A. True

Question 11

Q. One of the principles laid down in the Victims Rights Act 2002 guides access to services
for Victims. In this respect Police must inform Victims that:

Answer 11

A. That they are entitled to access to welfare, health, medical or legal services.

Question 12

Q. When and why is a CSV1 required?

Answer 12

A. There is a victim and the matter will proceed to court.

Question 13

Q. The Victim impact statements is the records of the Victims own words about what happened and their opinion of the offender. T/F

Answer 13

A. False

Question 14

Q. If no orders or restrictions a VIS can be distributed to Defense prior to sentencing? T/F

Answer 14

A. True

Question 15

Q. Police Form that:

Records Victim notification of offenders bail, release etc

Answer 15

A. Pol1065

Question 16

Q. Police form that:

provides a records of Police contact with Victim and other actions

Answer 16

A. Pol1060

Question 17

Q. Police form that:

Effects of the crimes on the Victim and others who have been disadvantaged by the offence

Answer 17

A. Pol392

Question 18

Q. Police from that:

Police opposition to bail and the Victims view and safety.

Answer 18

A. Pol128

Question 19

Q. Police Form that:

Records Police referral of Victims to Victim Advisor

Answer 19

A. CSV1

Question 20

Q. Which agency notifies Victim:

Offender escapes, dies or temp release

Answer 20

A. Dept of Corrections

Question 21

Q. Which agency notifies Victim:

Offender is entitled to their first un-escorted leave or discharge

Answer 21

A. Dept of Health

Question 22

Q. Which agency notifies Victim:

Offender not a NZ Citizen and subject to deportation

Answer 22

A. Dept of Labour

Question 23

Q. Which agency notifies Victim:

Offender upcoming parole hearing

Answer 23

A. NZ Parole Board

Question 24

Q. What must be ascertained early in an initial interview with a Victim who has been
assaulted?

Answer 24

A. The safety of the Victim and the seriousness of the offence.

Question 25

When an offender has been arrested, a Victim identified and the matter is proceeding to court, it is the responsibility of the O/C case to ensure a Victim advised and CSV1 completed. T/F

Answer 25

A. True

Question 26

Q. The intent of the POL1060 form is to provide:

Answer 26

A. Record of Police action for the on-going physical and emotional safety of the Victim.

Question 27

Q. Who is responsible for ensuring a Victim of a s29 offence is given the POL1065 and sufficient information and assistance to complete it?

Answer 27

A. Responsibility rests with the O/C case who arrests and charges the offender with the s29 offence.

Question 28

Q. When a Victim is identified, their Victim impact statement must be taken when the offender is due in court for sentencing?

Answer 28

A. False

Question 29

Q. What are the Police responsibilities to the Victim when a s29 suspect is released on bail?

Answer 29

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

Question 30

``` Q. When must a Victim of a s29 offence be advised of their right to be on the Victim Notification register (VNR)? ```

Answer 30

A. At the time of the offender’s arrest (if practicable.)

Question 31

Q. When Police are called to a complaint about 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? T/F

Answer 31

A. True

Question 32

Q. If called to a sudden death of a person Police must treat the family with respect and provide information about where they can access support? T/F

Answer 32

A. True

Question 33

Q. How can Police ascertain whether a Victim of a s29 offence has been registered to the VNR?

Answer 33

A. Notifications in Bully Board

Question 34

Q. Victim Impact Statements can be disclosed in disclosure packs?

Answer 34

A. False

Question 35

Q. The definition of a Victim may include members of the family or parents of a person charged with, convicted of, or has plead guilty to an offence. T/F

Answer 35

A. False

Question 36

Q. Victims Rights Act 2002, s29 offences are defined as:

Answer 36

A. 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 37

Q. A Victim impact statement may contain the Victims comments about an offender, or prior knowledge they may have about that offender, or their opinion about the possible sentence the offender should receive? T/F

Answer 37

A. False

Question 38

Q. 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 Victims approval for disclosure or distribution of their statement?

Answer 38

A. True

Question 39

Under s29 and s30 of the Victims Rights Act 2002, what are the O/C’s obligations to the Victim?

Answer 39

A. Give Pol1065, update Pol1060 and seek views on bail to send to court

Question 40

Q. The O/C case is responsible for ensuring a Victim Impact Statement / audio tape or video file is held in the case file ready for the prosecution to produce in Court at the time of sentencing? T/F

Answer 40

A. True

Question 41

Q. Being on the VNR means the Victim will be notified of?

Answer 41

A. By the agency where the offender is held of any information concerning changes to the offender’s bail, release, parole, escape or death.

Question 42

FV 15yrs old Witness - O/C responsibilities?

Answer 42

Convince importance of statement in alt way Don't assure safety when standing up in court Advise prosecutor of need to give evidence in alt way

Question 43

Q. In any incident where the Victim is obviously distressed Police must provide a Victim with support, and/or refer them to an agency that will provide support?

Answer 43

A. True

Question 44

Q.When there are multiple witnesses to a serious incident/offence the investigator should?

Answer 44

A.Separate the witnesses, conduct a brief initial interview with each and gather witness details.

Question 45

A.You should not obtain a written statement from a witness of doubtful reliability as their statement will more than likely be admissible.

Answer 45

A.False

Question 46

Q. 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?

Answer 46

Q. True

Question 47

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

Answer 47

A. False.

Question 48

Q. A complaint witness is one who always provides good information to assist the investigation? T/F

Answer 48

A. False

Question 49

Q. Care must be taken in Police interaction with a witness because?

Answer 49

A. A witnesses needs and individual circumstances must be taken into account by an interviewer.

Question 50

Q. If a witness becomes a suspect during interview, then the interviewer should?

Answer 50

A. Caution, shift to procedures for interviewing suspects and ensure the interview is visually recorded.

Question 51

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

Answer 51

A.True

Question 52

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

Answer 52

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

Question 53

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

Answer 53

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

Question 54

Q. The role of an interview support person for a special consideration witness is to?

Answer 54

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

Question 55

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

Answer 55

A. Susceptible, defenseless, in a weak position.

Question 56

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

Answer 56

A. - Avoid using an interpreter who knows the witness - Use your interview notes to write the statement in English - Visually record the interview - Discuss the aim and objectives of the interview with the interpreter - DO NOT allow the interpreter unsupervised time with the witness

Question 57

Q. When planning an interview with a special consideration witness (vulnerable) witness the investigator should?

Answer 57

A. Consult a supervisor to make decisions about the interview.

Question 58

Q. 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?

Answer 58

A. Consider their concerns, assess their reasons, discuss with your supervisor if a visually recorded interview is required.

Question 59

Q. A special consideration witness is one who?

Answer 59

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

Question 60

Q. TRUE or FALSE - You may only detain a person under certain enactments - Detained persons need not be cautioned - Arbitrary detention occurred occurs when the arrest or detention is reasonable in the particular case - Everyone has the right not to be arbitrary arrested or detained - Arrest is a form of arbitrary detention

Answer 60

``` A. True False False True False ```

Question 61

Q. Fraudulent accountant scenario – What public interest factors support prosecution in this case? - The defendants position of trust in the circumstances - The offer of reparation requires prosecution support - The review of the defendant’s professional status - The extent to which the Victims are affected

Answer 61

``` A. True True True True ```

Question 62

Q. Under the Crown Law Prosecution guidelines 2010 – When the admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must:

Answer 62

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

Question 63

Q.You change interview styles and begin to very strongly put questions to him demanding explanations and answers to your questions. He eventually gives up the identity of the thief and other evidence against himself. Would the above evidence by your offender be admissible in Court?

Answer 63

A. NO because the offender was in custody and questions must not amount to cross- examination.

Question 64

True or False -You must arrest a person if it is clear they have committed an offence and there is sufficient evidence to charge them -Although the power to arrest is discretionary, the decision to arrest family violence offenders is clearly directed in policy -You should not arrest a person if you are unable to justify that their arrest is necessary for justice to be served or for reasons of safety -Any police officer can execute an arrest warrant providing they can confirm that the warrant is valid and they can confirm the person’s identity

Answer 64

``` A. False True True True ```

Question 65

Q. Wilful damage scenario – 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?

Answer 65

A. When the suspect stated to you that it was the dairy owners fault that the window had been broken.

Question 66

Q. Property taken from a person who is | arrested or detained is?

Answer 66

Q. May be retrained by the custody officer if, in their opinion, the person arrested will be remanded in custody in another facility and therefore lost their right to retain the property. May be retrained by the custody officer if, in their opinion, its possession may constitute an offence or it may be given in evidence in proceedings arising out of a charge.

Question 67

Q. When deciding whether to commence prosecution by laying charges, which of the following tests must be applied?

Answer 67

A. The evidential test and the public interest test.

Question 68

True or False -A factor to consider when deciding to arrest is: - If it is likely that the person will commit further offences - If there is a need to safeguard an offender’s safety and interests - If the offender’s liberty means the safety of others is at risk - If it is likely that the suspect will warn accomplices or abscond

Answer 68

``` A. True True True True ```

Question 69

Q. Offender was arrested and later released without charge – After further investigation he still be dealt with by way of summons?

Answer 69

A. True

Question 70

Q. True or False. The consequences of arbitrarily detaining a person may be that: - The case against the person could be dismissed in court - The arresting or detaining officer could be liable to civil litigation - Any statement made by the person is inadmissible in Court - The officer must face an inquiry under the Police Code of Conduct

Answer 70

``` A. True True True False ```

Question 71

Q. Your suspect is uncooperative so you leave the room for 5 minutes return a tell him, his co-offender admitted everything. He shrugs, readily admits his involvement and later pleads guilty. Would the above admission be admissible in Court?

Answer 71

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

Question 72

Q. Shoplifter with extensive dishonesty offending. What public interest factor MOST supports prosecution in this case?

Answer 72

A. The likelihood of the offence being repeated.

Question 73

Q. Arresting 1J without warrant – overriding enactment within CYFS act?

Answer 73

A. 214 – WEEP

Question 74

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

Answer 74

A. The court is provided with an appropriate basis for sentence.

Question 75

Q. When applying the evidential test, you must consider if there is sufficient evidence to:

Answer 75

A. Provide a reasonable prospect of conviction.