If your file has been sent back because you have been tasked with completing remedial work before case management discussions, what is the latest time that the file needs to be with the PPS office?
5 working days before the case management discussion.
After being evicted from a party Steve drives his car into a crowd gathered outside of the address, injuring three people. In order to prove ‘recklessness’ under S189(2) CA 1961, you must prove that Steve:
Consciously and deliberately took an unjustified risk.
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 justice practice note guideline 2 you should:
Interview her again on video, caution again and question her about the new allegations.
In relation to S188 of Crimes Act 1961 the difference between subsections 1 and 2 relates to:
The intent of the suspect when causing the injuries.
The investigative interviewing suspect guide provides direction on how to introduce a challenge. It suggests a process of using a sequence of phrases starting with key words:
You said… we have… explain that…
Before applying for a SW, you must be sure that the offence you suspect is being, has been or is about to be committed is:
An offence punishable by imprisonment.
Roger has been charged with aggravated burglary, a category 3 offence. He is pleading not guilty and wants to elect a jury trial. When can he make an election?
At the same time he enters his not guilty plea.
You have RGTB that stolen property is located in a garage at a local address and execute a search warrant. No one is present when you arrive and you see the garage has a security alarm and it is armed. You use S110 and call a security technician to help you gain entry to the garage, you must then:
Accompany the technician on entry and provide reasonable supervision.
Which of the following tasks is the responsibility of the exhibits officer at a serious crime scene?
Managing the receipt, control and storage of all exhibits.
In the appreciation technique, what is a factor?
A statement of truth about a known influence or circumstances.
When explaining the caution to an adult suspect who suffers from an intellectual disability you should give them their rights and:
Ask them to tell you in their own words what the caution means to them.
Which test is described in this statement? It is met if there is sufficient admissible evidence to provide a reasonable prospect of conviction?
The evidential test.
What is the primary consideration when a suspect for a serious assault raises the issue of ‘self-defence’?
Whether the suspects actions were in proportion to the alleged threats made by the victim.
When a DVD of an adult witness interview is to be used as evidence-in-chief then the O/C case must ensure:
All matters that may be the subject of cross-examination are covered in the video.
You are executing a SW on a known drug dealers house. At the house you located a vehicle. You have made no reference to the vehicle on the SW. Can you search this vehicle?
Yes, since the vehicle is within the property named on the warrant.
When can you enter a place without warrant to search for EM under S83?
When you have arrested a person and you have RGTB EM will be CADD.
Are pre-trial admissibility hearings available before both judge-alone and jury trials?
Yes.
Roger has been charged with aggravated burglary, a category 3 offence. He is pleading not guilty and wants to elect a jury trial. When can he make election?
At the same time he enters his not guilty plea.
When should an investigator visually record a witness interview?
When the interview is needed for completeness and accuracy of evidence.
The case R V Weaver (1956) defined the term ‘cross-examination’ as it applies to interviewing suspects. How was cross-examination defined in this case?
Questions put to a suspect to either whittle down or differentiate answers already given because their answers are not accepted.
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.
Your completed SW application must show clear connections between:
The offence, the target address and evidential material sought there.
You are dealing with a suspect who has caused an injury to a person.. The term “to injure” means to cause:
Actual bodily harm to a person.
Elimination samples are:
Taken from people who had legitimate contact with the scene or an exhibit.