CIK 102 -03 Investigative interviewing Flashcards by M H

BOR
T/F
Q. You can arrest a suspect for the purpose of interviewing them to gather information?

False

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BOR
Q. 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:
-When a person is detained under an enactment, eg: s202B Crimes Act 1961 and
exercises their right to silence
-When a person in authority uses that authority to restrict the movement of another
-When a person is detained for questioning without understanding they are free to leave

A.
Lawful Detention
Arrest
Arbitrary Detention

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BOR

Q. The meaning of the term “arbitrary detention” as explained in the case R vs Goodwin (1993) is:

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

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BOR
T/F
Q. Police have no power to detain a suspect for questioning without arrest or lawful detention?

True

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BOR
T/F
Q. If a person is arrested for an offence you cannot interview them because they must appear before the court as soon as possible?

False

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BOR

Q. Police may interview a person in custody. A person is “in custody” when:

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

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BOR
Y/N
Q. 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 the interview.
-Should he have been given his rights when he changed his mind?
-Should he have been cautioned at the start of the interview?
-Can he refuse a video/audio record?

A.
Yes
No
Yes

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BOR
Q. Under s24 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. Who does this apply to?

A. A person charged with an offence and processed accordingly.

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BOR
T/F
When deciding whether to exclude a statement the judge must consider:
-Pertinent characteristics of the Defendant including mental, intellectual or physical
disability
-Number of questions put to the Defendant about the offence for which they were arrested
-Physical, mental or psychological condition of the Defendant when the statement was made

A.
True
False
True

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

A. Balance of probabilities.

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BOR
Q. Under s103 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:

A. Mean the best evidence is given in a criminal proceeding.

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BOR
Q. Which of the following scenarios could affect the reliability of a suspect interview record?
When the suspect being interviewed is:

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

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

Beyond reasonable doubt.

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BOR
Q. 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:

A. Does not ensure the suspect really understands his rights.

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BOR

Q. Representation refers to the behaviour of the interviewer who:

A. Promises a favour in return for a requested action.

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BOR
Q. Which of the following scenarios could be an example of an interview improperly
obtained? When the suspect:

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

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BOR
Q. Grant is a 38-year- 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 of the two reasons could be given to support an application for the video record of his witness interview to be played as
his evidence in chief?

A. Grant says he has been badly affected by the event and can’t sleep.
A. Grant will be overseas on a planned holiday at the time of the trial.

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BOR

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

A. False

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BOR
T/F
Q. Jane Smith is a 27-year- 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 the:
-Relationship between complainant and Defendant
-Sexual nature of her father’s alleged ongoing offending
-Trauma Jane has suffered over the last 15 years

A.
True
True
True

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BOR

Q. Under s29 of the Evidence Act 2006, oppression is defined as:

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

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BOR
T/F
Q. In decisions about admissibility of their interview, characteristics of the suspect such as mental, intellectual or physical disability are only taken into account if they are visibly present at the time of interview.

A. False

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BOR

Q. Evidence is improperly obtained if it is:

A. Obtained unfairly or unlawfully.

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BOR
T/F
Q. 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?

A. False

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BOR
T/ F
Q. As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant?

A. True

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

A. - Whether the impropriety was necessary to avoid physical danger to the Police or others. - The importance of any right breached and the seriousness of the intrusion on it.

BOR T/F 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 it reliability?

A. True

BOR T/F Q. As defined by the Evidence Act 2006 a statement is limited to a written or verbal assertion by a person on any matter?

A. False

BOR Y/N Q. The Judge may rule a defendant’s statement inadmissible if he decides its content is likely to be unreliable. An example if an inadmissible statement could be a video record showing the suspect: -Confused by the interviewer’s rhetorical questions -Promised a court outcome in return for information -Affected by drugs or alcohol at the time of interview

A. Yes Yes Yes

CYFS Q. A CYF can nominate an adult to provide support when they are being interviewed by Police. Who is most appropriate for this role?

A. An adult family member or whanau member.

CYFS Q. A youth suspect (14) is asked who he wants as his nominated person. His parents are divorced and his mother lives locally and father lives out of town. He nominates his father out of district. What action is most appropriate now?

A. Advise the father of the circumstances and make enquiries about his availability.

Q. Which of the following people may NOT act as nominated persons, even if the young person specifically nominates them:

A. A person you believe on reasonable ground would attempt to pervert the court of justice if permitted to consult with the CYF.

CYFS Q. Dealing with a CYF with limited English. On requesting his name and address and beginning to caution him you note he does not seem to understand. What action now is most appropriate?

A. Give him his rights caution with reasonable diligence to gain his understanding.

CYFS Q. Gary (16) is to be interviewed about his part in a serious assault and he is insisting his uncle be his nominated person. On preparing for the interview you note his uncle is also identified as a witness at the scene, in these circumstances you should:

A. Conduct the witness interview to determine whether the uncle is suitable for the role of nominated person.

CYFS | Q. When giving advice to a youth NOT under arrest, you should tell them that if they:

A. - Consent to accompany you they can withdraw that consent at any time. - Refuse to give you their correct name and address you can arrest them.

CYFS Q. According to s218 of the CYF Act 1989, when cautioning a CYF you must ensure that all ____ you give is provided in a language and ____ that the CYF person can ____.

A. Advice Manner Understand

CYFS Q. Which of the following persons would NOT be considered suitable for the role of nominated person for a CYF?

A. A close friend or classmate nominated by the CYF.

CYFS Q. You apprehend a CYF (15) at an aggravated robbery and he says “I didn’t mean to shoot the guy” before you have time to caution him. Which of the following statements best describes the admissibility of the confession?

A. His confession is admissible but he must be cautioned as soon as possible. Q. When do you caution a youth?

CYFS | Q. When do you caution a youth?

A. Before asking any questions intended to obtain an admission.

CYFS Q. You are planning to interview Simone (14) about her role in a serious assault. As you begin that interview what must you ensure she understands?

A. -That she does not have to say or tell you anything but if she does decide to talk she can change her mind at any time. -That you are obliged to inform her parents or guardian of the interview and of the proceedings that may occur.

CYFS | Q. CYF suspect refuses to give name. Your caution should make sure he understands?

A. You can arrest him if he continues to refuse to give you his name and address.

CYFS T/F Q. You meet your responsibilities for ensuing a youth understands their right by receiving an affirmative to the question, “do you understand?” after each section of the caution?

A. | False

CYFS T/F Q. If the nominated person chosen by the youth cannot be located with reasonable diligence you should ask the youth to choose another person?

A. | True

CYFS T/F Q. If the youth has chosen a family member other than their parent or guardian as their nominated person, then there is no need to contact their parent or guardian to inform them of their child’s presence at the station?

A. | False

CYFS T/F Q. Police must advise the nominated person of the rights of the CYF who is suspected of an offence, prior to any interview taking place?

A. True

CYFS T/F Q. You must fairly inform a youth suspect that they have the right to have a lawyer and a nominated person with them while they answer any questions or make a statement?

A. True

CHIEF JUSTICE PRACTICE NOTE GUIDELINES Q. “The truth may be elusive, so you may need to be persistent.” In this statement “persistent” refers to interviewer behaviour and means:

A. Asking questions in a manner that will stand up to the scrutiny of the Court.

CHIEF JUSTICE PRACTICE NOTE GUIDELINES Q. 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:t.

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

CHIEF JUSTICE PRACTICE NOTE GUIDELINES Q. The investigative interviewing suspect guide provides directions on how to introduce a challenge. It suggests a process of using a sequence of phrases starting with key words:

A. You said…. We have…. Explain that…

CHIEF JUSTICE PRACTICE NOTE GUIDELINES T/F Q. Persistent questioning is generally acceptable interviewer behaviour while cross- examination can be regarded as inappropriate interviewer behaviour?

A. | True

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Q. When cautioning a suspect, you are NOT obliged to inform the suspect that:

A. They can decide with a lawyer whether to go on video or not.

CHIEF JUSTICE PRACTICE NOTE GUIDELINES T/F Q. Correctly informing a suspect of the caution at the beginning of an interview ensures that the interview record will be admissible?

A. False – Is only one of that many requirements.

CHIEF JUSTICE PRACTICE NOTE GUIDELINES T/F Q. Guideline 5 directs that after the completion of an interview the suspect should be given opportunity to review the interview record and: -Make any additions -Correct any errors -Sign that they have read it and agree with it

A. True True True

CHIEF JUSTICE PRACTICE NOTE GUIDELINES Q. 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 given circumstances Police behaviour must reflect Guideline 1 of Chief Justice Practice Note which is:

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

CHIEF JUSTICE PRACTICE NOTE GUIDELINES T/F Q. At interview you are under no obligations to advise the suspect of everything known before asking for the suspect’s version of events?

A. True

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Q. When interviewing a person suspected of committing and offence, when should the caution be administered?

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

CHIEF JUSTICE PRACTICE NOTE GUIDELINES Q. 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?

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

CHIEF JUSTICE PRACTICE NOTE GUIDELINES T/F Q. The preference to video record an interview with a suspect only applies when they are suspected of committing a category 1 or 2 offence?

A. False

CHIEF JUSTICE PRACTICE NOTE GUIDELINES T/F Q. All suspect interviews should preferably be recorded by video recording unless that is impractical or unless the person declines to be recorded by video?

A. True

CHIEF JUSTICE PRACTICE NOTE GUIDELINES Q. After charging a shoplifter with theft and lodging her in the cells, you receive information leading you to suspect her of further thefts. According to Chief Practice Note Guidelines 2 you should:

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

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Q. In relation to cross examination which of the following answers is correct?

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

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Q. According to CJPN Guideline 4, when you are questioning a suspect about statements made by a witness you should:

A. Explain the substance or nature of the witness’s statement to them.

CHIEF JUSTICE PRACTICE NOTE GUIDELINES T/F Q. An interviewer may be persistent in their questioning when the account given by the suspect is inconsistent and contradictory?

A. True

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Q. The CJPN on Police questioning:

A. Directs the conduct of Police interviewing practice as guided by the judiciary.

CHIEF JUSTICE PRACTICE NOTE GUIDELINES Q. If a suspect’s right to consult with a lawyer without delay and in private cannot be facilitated immediately by Police, what action is required first?

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

CHIEF JUSTICE PRACTICE NOTE GUIDELINES T/F Q. 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?

A. True

INVESTIGATIVE INTERVIEWING | Q. What generally doesn't happen during the Free Recall stage of the model?

A. Does not include a challenge phase.

INVESTIGATIVE INTERVIEWING | Q. When a video tape of an adult witness interview is to be used as evidence-in- chief then the O/C must ensure:

A. The witness has viewed the video and given their signed consent for it to be used.

INVESTIGATIVE INTERVIEWING Q. At the engage and explain stage of a witness interview the interviewer established the “ground rules.” Match the description of the information you would cover with each ground rule - You say they should do all the talking as you don’t know what happened and they should correct you if you misunderstand -You say you understand considerable focused effort is required and that this may be difficult so they can take their time to remember -You say they should tell you all they know in as much detail as possible, everything that comes to their mind

A. Take Control Concentrate Report Everything

INVESTIGATIVE INTERVIEWING T/F Q. If a suspect has signed your notebook that they agree with your record of events that occurred prior to interview, then there is no need to refer to these events on video?

A. False

INVESTIGATIVE INTERVIEWING Q. A 16-year- old male, arrested for an indictable offence, elects his mother as his nominated person. She asks about the charge her son may face. Is she entitled to an explanation?

A. Yes. The enforcement officer should inform her of the nature of the charges as soon as possible.

INVESTIGATIVE INTERVIEWING Q. An investigative interviewer knows when to use and when to avoid certain types of questions as they may affect the quality and quantity of information given. “Was it a green car?” is what type of question?

A. Closed

INVESTIGATIVE INTERVIEWING | Q. Which of the following behaviours demonstrated by a lawyer at interview would be deemed unacceptable?

A. Challenging the interviewer on the validity of the allegations made.

INVESTIGATIVE INTERVIEWING Q. During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint. Should a suspect’s complainant affect the interview progress in any way?

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

INVESTIGATIVE INTERVIEWING Q. When a witness has provided a description that matches the suspect the best way to present this as a challenge during the suspect interview is to say?

A. A witness has provided details of an offender that fits your description.

INVESTIGATIVE INTERVIEWING Q. If during an interview you make an unconditional undertaking not to use an “off the record” statement in evidence it is likely the Court will:

A. Make you honour the promise and rule the evidence as inadmissible.

INVESTIGATIVE INTERVIEWING Q. A suspect declines the services of a lawyer but although he agrees to an interview he says, “if you keep that video running I won’t say anything.” What should you do?

A. Explain the advantages of visually recorded interview and say he has the option of preparing a written statement.

INVESTIGATIVE INTERVIEWING | Q. “Was the car you saw driving off a station wagon?” Could be what type of question?

A. Leading

INVESTIGATIVE INTERVIEWING Q. According to the investigative interviewing doctrine which of the following statements about probing questions is correct?

A. An interviewer should avoid asking probing questions beginning with Why.

INVESTIGATIVE INTERVIEWING | Q. Which of the following behaviours demonstrated by a lawyer at a suspect interview would be deemed unacceptable?

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

INVESTIGATIVE INTERVIEWING | Q. Which example is incorrect? A written statement from a witness interview:

A. Cannot include slang, swearing or colloquialisms as it is a legal document.

INVESTIGATIVE INTERVIEWING Q. If a lawyer complains of a video machine being left on and refers to her client’s right to consult in private and requests the video machine be turned off. What response should she get?

A. The machine will be turned off immediately as requested.

INVESTIGATIVE INTERVIEWING | Q. Which of the following statements is incorrect. A witness FR interview:

A. Should be challenged following their first FR account.

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

A. An interview can proceed without his consent.

INVESTIGATIVE INTERVIEWING Q. Match the description to the type of question. -A question that seeks to clarify information given -A question that can influence the witness’ answer -A question that can be answered with a yes or no

A. Probing Leading Closed

INVESTIGATIVE INTERVIEWING Q. Probing or closed questions are ones that encourage only a relatively small range of responses, usually short word or phrase. According to the material in the investigative interviewing doctrine, which of the following statements about probing questions would be incorrect.

A. Probing questions are the preferred way to start a suspect interview.

BOR | Section 21:

A. | Every person should be secure against unreasonable search and seizure of their person

BOR | Section 23

A. | Anyone arrested or detained must be given their caution rights and appear in court ASAP

BOR | Section 24

Anyone charged with an offence must be given their caution rights

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Note One on Police questioning

A. Police officer can question anyone; however the person cannot be compelled to answer

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Note Two: Cautioning

The person must be cautioned before being invited to make any statement or answer any questions

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Note 3: Cross Examination

Questions being asked of a person in custody cannot amount to cross examination

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Note 4: Fair Explanation

The substance of a statement given must be fairly explained.

CHIEF JUSTICE PRACTICE NOTE GUIDELINES | Note 5: Statement Recording

Statements of suspect should be conducted on DVD over audio which should be conducted over writing. Written statement should always get a signature.