Flashcards in CIK June 2018 Deck (181):
An Offender kicks a victim several times.....splits their spleen..... most appropriate charge?
With intent to injure, wounds
If OC Initial Action locates a item they believe is going to rapidly deteriorate- best course of action?
Take immediate action to preserve the item
Vehicle stop for purpose of searching- 4 occupants. Your partner deals with the driver. A backseat passenger asks you why the vehicle has been stopped. What are your obligations to him?
None. You are only obliged to tell the driver of the vehicle the reason for the search.
As a condition of the authorisation of you SW app, an IO may require you to complete ...
A s104 warrant report
Male A dances with Female B and gets blue fibers on his top. Late on in the night Male A dances with Female C and some of the blue fibers are transferred onto her top. Which of the following is an example of primary transfer?
Male A and Female B
A tangible item that could be evidential material...
A locked I phone
Executing a search warrant at an address. Locate vehicle that is not included in the search warrant. Can you search?
Yes because the vehicle is within the property being searched
Which of the following scenarios constitutes a robbery.....
Struggling with a victim who is hanging onto a cash bag
When explaining caution to adult suspect who has an intellectual disability. Give their rights and
Ask them in their own words to tell you what the caution means
Witness assault and K9 offender. Refuses to say anything. After 30min in cells says he wants to speak. When interviewed says why the assault took place. When should you caution?
At the time of K9 and prior to any interview in custody
What must happen before a judge can require a plea?
Initial disclosure delivered and defendant has sought legal advice
Being on the VNR, victim will be notified
By the agency where the offender is held of any information concerning the offenders bail, release, parole, escape or death
All material gathered through an investigation should be evaluated through filters of....
Relevance, reliability and admissibility
Brad wants associates sunglasses that he is wearing. Threatens associates and then punches him in the face. Decides he does not want the sunglasses and runs away. What offence?
S + S 2012 requires you to identify yourself and announce your intentions before you.....
Enter a place, vehicle or other thing to search it
When you need to remove a wet exhibit from a crime scene, how should you transport it to the Police Station?
Not sure what the answer for this was. But here were the two possible answers. Good luck figuring it out and let me know if you do :)
Uplift and secure in an unsealed paper bag or kleensak
Uplift and secure in a clean and unsealed plastic bag
When applying for SW , you must provide details of any previous applications for the target made during the previous
CYP can nominate an adult to provide support when being interviewed. Which describes the best person considered to be most appropriate for the role?
An adult member of their family or whanau
Representation refers to
Promise a favour in return for a requested action
Rv Weaver defines cross examination as
Questions put to a suspect to either whittle down or differentiate answers already given because their answers are not accepted
Shane visits his neighbor and Brian. A argument develops over Brains red T-shirt. Shane hits Brian in the face with a hammer. Can Shane claim self defence?
No, there was no force or imminent force from Brian to be resisted or prevented and Shanes response was not reasonable in the circumstances
Can you withhold property seized under s11 when a person is released from custody?
Yes- you can withhold any property if in your opinion it may be given in evidence in proceedings for the charge brought against that person
Evidence is improperly obtained if it is
obtained unfairly or unlawfully
A common approach path to and from the crime scene is established to
Control access to the scene and to prevent contamination
When deciding whether to commence prosecution by laying charges the following tests must be applied....
The evidential test and the public interest test
When there are multiple witnesses at a scene the investigator should....
Separate the witnesses, conduct a brief initial interview and gather witness details
John has breached the conditions of his protection order and slapped his partner across the face. What actions should you take?
Arrest and charge John with both the breach and the assault
When should an investigator visually record a witness interview?
When the interview is required for completeness and accuracy of evidence
Considering charging someone with Burglary.... 1st you must justify the test for prosecution contained in the solicitor General's guidelines. What component of the test should you conduct 1st?
The evidential test- If it meets the ev test then we can consider the public interest test
Jimmy breaches conditions of PO held by Jenni when he enters her house and assaults her. Jenny tells you he is at his mates house to pick up his belongings so he can leave town. Which warrantless search power could you use on Jimmy's mates house?
During interview suspect claims his right to silence. You have not yet put any challenges to him or mentioned the witness statement. Should you stop the interview at this stage?
No, you should proceed to fairly explain the allegations making a notebook record of events before closing.
Katherine calls Police because of an argument with her partner Mary. On arrival it is evident that the aggressor is Mary. She is indicating she wants to leave. May can be detained for the purpose of....
obtaining authorisation to issue a PSO
An authorised SW is valid for
Can a person charge with MAF, a category 3 offence, elect a jury trial?
The initial action team at a scene of a serious crime, must work quickly to....
Remove people from the scene to reduce further contamination
You are called to a job... a person is saying they can see cannabis growing in their neighbors back yard. You stand in the informants back yard and look over the fence into the neighbors property. You can see the cannabis plants. Do you need a surveillance warrant for your actions so far?
No because you are lawfully on private property and not using a surveillance warrant
In relation to section 188 of Crimes Act. Difference between (1) and (2)
The intent of the suspect causing the injuries
Interviewing a suspect. After you begin to probe inconsistencies in his answers he says he is not prepared to tell you anymore but continues to answer your questions. Is the complete interview admissible?
No only the bit before the suspect claimed their right to silence is admissible
During a fight at a bar, Steve grabs pool cue and swings it around. Doesn't want to hurt anyone. Gets carried away and hit bar patron around the head. Patron receives a fractured eye socket. Best way to describe Steve's actions...
Acted with reckless disregard for the safety of others
Who is responsible for filing formal statements?
Witness signs declaration on statement. Must ensure witness understands- to the best of their knowledge and belief their statement is true and....
They know how the statement may be used and the consequences of giving false or misleading information
Concealed, Altered, Damaged or Destroyed
Roger has been charged with Agg Robb. Category 3 offence. Pleading not guilty and wants to elect jury. When can he do this?
At the same time he enters his NG plea
On way of preventing cross contamination of a victim from a serious crime scene...
Ensuring diff officers interview the victim and suspect
A person not considered suitable for the role of a nominated person for a young person
Close friend or classmate nominated by the young person
Time when evidential material is more readily available
GBH in terms of an agg robb means
Really serious harm
Who is responsible for ascertaining the victim's views on bail of person accused of s29 offence ?
Taking digital images at a scene, you must start an audit trail. What details must be recorded?
Date, time and location
Aim of case management discussions?
Determine whether the case will proceed to trial and make arrangements to resolve any issues before trial
File returned from prosecutions. Tasked to complete remedial work. Latest time the case needs to be back with prosecutions?
5 working days before the case management discussion
Responsibilities of exhibit officer at serious crime scene...
Managing the receipt, control and storage of exhibits
Man storms out of dairy. Short time later dairy owner hears loud bang and sees crack in window. Man standing across road. You interview the man. After a few questions her says "It was his fault because he was smart to me." You continue with interview and K9. When should man have been given his caution/rights?
When the suspect stated that it was the dairy owners fault.
Elderly man disturbs a burglar wearing a LA Lakers hoody. Give registration of car. Short time late you stop vehicle and arrest sole occupant (not wearing hoody). Can you search vehicle under 10?
Yes because you can search vehicle for ev material related to the offence
Principled approach to the way in which investigators examine material and make appropriate and reasonable decisions
Tim fails to appear and now has WTA, You see him drive past and stop him under s9. Which power of search would you use after K9-ing Tim.
Should a person who is intoxicated be treated as a special consideration witness?
Yes because their ability to give accurate information is affected
Handover to OC scene. What information is essential to the integrity of the crime scene examination?
Details of post incident movement in the scene
Being together in agg robb means
Being physically present at robbery and taking an active part
Interviewing a person suspected of committing an offence. When should the caution be administered?
When you have sufficient evidence to charge a person with an offence
Who is responsible for ensuring a victim of s29 is given POL1065?
OC who arrest and charges the offender with s29 offence
On being shown the station interview room. Layer complains that video machine is on and she can be monitored speaking to client. Requests for machine to be turned off. What should happen?
Machine be turned off immediately as requested
Words that best describe the Appreciation Technique...
Four step problem solving process that informs decision making
No Police bail conditions- defendants 1st app must be
No more then 14 days from the date bail was granted
Example of evidence improperly obtained? Interview with new immigrant.
Does not ensure the suspect understands his rights
Patient records kept by a GP or psycologist
Susan's neighbour can hear her abusing children and has seen Susan hit her 6 year old around the head with a vacuum cleaner house. Which act for most appropriate power of entry?
S+S 2012 S14
Admissibility of forensic evidence requires understanding of....
Contaminate, relevance, integrity, security
Before applying for a SW you must be sure that the offence you suspect is being or is about to be committed is
An offence punishable my imprisonment
Party out of control. Young woman at party tells you that she was sexually assaulted in a bedroom. Colleague leaves to apply for SW. Can you use S117 in these circumstances?
Yes because a SW is being sought, you are at the place and believe that EV material may be CADD or removed
Johnny served with summons to appear in 2 months time. When should the charging document be filed?
As soon as reasonably practicable after the service of the summons
When you are satisfied on reasonable grounds that as arrest of a youth without warrant is necessary, which section of the CYPFA overrides any enactment in making an arrest?
A good charging decision is made when the charges adequately reflect the nature and extent of the criminal conduct and
The court is provided with an appropriate basis for sentence
Susan plunges a knife into Karen's chest and lacerates her lung. In relation to 188 of the Crimes Act- the most appropriate description of the puncture?
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
Make you honour your promise and rule the evidence as inadmissible
Judge may exclude a def statement if they are satisfied that the statement was improperly obtained. What is the statement of proof required?
Balance of probabilities
Care must be taken when placing stepping plates in the hot zone because they
May conceal or change evidence in the scene
Simon walking down street texting GF. John demands Simon hand over his phone. Simon refuses. John punches him in the face. Simon give John the phone. John realises the phone is not the model he wants and gives it back to Simon. What offence has John committed.
Member of initial action team- suspicious death. Medical officer confirms death. You must secure the scene and....
Do not touch or move the body unless absolutely necessary
Local chemist catches woman shoplifting and prevents her from leaving. You attend and search the woman, find cosmetics. Also find some clothing with tags still on that you suspect are stolen. Following search of woman you should give her.....
IO authorises SW on vehicles. You drive by house and see vehicle in property. The SW allows you to....
Enter the place to EXECUTE the warrant
It must be established that the offender must have formed the intention to rob in relation to the offence 'assault with intent to rob'
At the time of the assault
Sequential steps of the appreciation technique....
Aim, Factors, Courses Open, Plan
Under the Crown Law Prosecution Guidelines 2010, when admissible evidence is sufficient to prove a reasonable prospect of conviction the Police must
Apply the public interest test to determine if a prosecution is required
Arrest and charge David under section 49 of DV Act. David argues his arrest is unfair and he be released on bail. What is the correct action in the circumstances?
David must be held in Police custody and not be granted Police bail during the 24 hours following his arrest.
EV material is more readily available at the crime scene
Issue a summons and decide not to commence prosecution. What should you do?
Take all reasonable steps to advise the defendant that there will be no prosecution prior to the date summonsed.
You may search a person without warrant for a controlled drug if you have.....
RGTS an offence has occurred and RGTB they are in possession of a controlled drug
Packaging an exhibit in a windowed paper bag or keelnsak you must
Fold over the top 2-3 times and seal with tape
Interviewing a male suspect under caution about an assault on his partner. Makes admissions about another unrelated serious assault. What should you do?
Re-administer the caution before interviewing him about the offence
Charge offender with Burglary. Place him in Police cells. Later decides to tell you he has hidden property he stole during the Burg. According to CJPN guidelines you should....
Reconvene the interview, caution him, gain his account and question him further.
Interviewing offender K9d for receiving. Attempting to establish the identity of the original thief. Offender tells you conflicting accounts. You very strongly put questions to him demanding explanations and answers. He eventually gives the identity of the thief and other evidence about himself. Would this be admissible in court?
No because the offender was in custody and questions must not amount to cross-examination.
Example of evidence improperly obtained during interview with new immigrant...
Does not ensure the suspect really understands his rights
When must a victim of S29 offence be advised of right to be on VNR?
At the time of the offenders arrest (if practicable)
Investigators working rules
The knowledge and skills learnt from investigator experience.
Planning and interview with a special consideration witness. Investigator should?
Consult a supervisor to make decisions about the interview
The purpose of a VIS is to
Allow the court to consider the effects of the crime on the victim
Aaron is punched in the face by his father. For the purpose of the charge 'Assaults child' a child is
Under the age of 14
During scene examination find cell phone. It is turned on. What action should you take to uplift the phone?
Leave it switched on, uplift and contact HTCG for advice
Your completed SW much show clear connections between....
The offence, the target address and EV material south there
Tim commits Robbery and steals $1000 in cash, drops $40 on the footpath. A witness tells you she saw Donna pick up the money. You locate Donna short distance away. She denies picking up the money. Can you search Donna under S16?
No because the EV material is not related to an offence punishable by 14 years or more
You attend a FH incident. One partner has slapped the other. The victim does not want to make a statement but there is a witness to the assault. What is the best course of action?
Arrest the person as there is corroborating evidence in relation to the assault.
Are pre trial admissibility trials for both JAT and jury trials?
No Police bail conditions imposed. The date of the defendants 1st appearance should be
No more then 14 days from the date bail was granted
Jack is 13. You stop him driving a car. He is on his own. You ask Jack for consent to search the car... Which of the following statements is true?
Jack is able to consent as there is no passenger over 14 in the vehicle who has authority and is able to consent to the search
Sandra is 18 and has a reputation as a fighter. Aroha is at the bus stop when Sandra comes along and tells Aroha she likes her jacket. Aroha knows that Sandra is a fighter and so takes the jacket off, gives it to Aroha and runs away. What offence is committed?
Steve and Gerry argue. Gerry says "You really deserve this!" and smashed a glass twice into Steve's face. Steve suffers severe lacerations to his face and a fractured eye socket. What is the most appropriate Crimes Act assault offence?
Wounding with intent
Paul at bus stop. Approached by Andrea and Jill who demand he hands over his cellphone. Paul ignores them. Andrea pushes Paul and punches him. Jill grabs the phone. Paul manages to get the phone back off her. What is Andrea's criminal liability?
Witness has given a description that matches the suspect. How do you present this as a challenge?
A witness has provided details of an offender that matches your description.
Exhibits package should be securely packaged by
Tape sealing all edges and signing off across the tape
Completing a Search Warrant app you should describe....
Your OWN personal belief that the warrant is justified and the facts on which that is based
O/C initial action may decide to immediately uplift an item from a scene of a serious crime if
Cannot be protected from the elements and will deteriorate
Woman dances with male A and gets red fibers on her top. Later in the evening she dances with male b and some of the red fibers are transferred to the shirt of that man. Secondary transfer between.....
Woman and Male B
Called to a Agg Robb. Offender decamps but you catch him. His is 15. Before you have time to caution him he states "I didn't mean to shoot the guy." Admissibility of his confession?
Admissible but must be cautioned ASAP
Search for cannabis under S21. What statutory requirements do you have to fulfill?
Submit a notification to the commissioner within 3 days
You are en route to an armed Robbery where it is believed that an air rifle was used. You locate a person you believe to be the offender a couple of blocks away. Can you lawfully stop and search him under 18?
Yes. Providing you have reasonable grounds to suspect they are in possession of it or
What is a factor?
A statement of truth about a known influence or circumstance
When do you caution a youth?
Before asking questions to obtain and admission
After charging a shoplifter with theft and lodging her in the cells, you receive information that she is the suspect for further thefts. According to CJPN 2 you should:
Interview her again on video, caution again and question her about the new allegations
Duty of care requires you to protect the arrested or detained person
From the time you K9 or detain, until you transfer them into someone else's custody and your transfer is acknowledged.
Immediately before you ask a suspect to give their account of the events in question, you should explain
The events leading to the suspect agreeing to be interviewed
George grabs the shoulder bag of a passing female. He twists her arm as she tries to hold onto her bag. The pain causes her to let go. George takes off. Appropriate offence?
Study of insects
S116 allows you to exclude a person from a place you are searching and
Give that persons any reasonable direction
s29 offences defined as
Sexual or serious assault resulting in injury, death or being rendered incapable. Or leading the victim to have fears for their safety or the safety of their family
Doug and Colin hide in a bush and wait for a pedestrian to go by so they can steal that persons cash. Pedestrian approaches and Doug changes his mind and runs off. Colin hits the pedestrian and digs in his pockets. Finds a MP3 player and take it. Collin is liable for
Witness with intellectual, psychological or psychiatric impairment
Is a witness entitled to special considerations from Police and others
Example of interview and evidence improperly obtained
Repeatedly asks for lawyer but the interview continues without one
Cross examination- which is correct
Questions aimed at establishing further facts from the answers already given are acceptable
A judge may exclude a statement based on unreliability. This does not exclude the interview from being used as evidence of the
Defendants physical or mental condition
The initial action party at scene of crime must work quickly to
Cordon the area to prevent any person entering the scene
What test described in this statement- "If it is met there is sufficient admissible evidence to provide a reasonable prospect of conviction."
The evidential test
A person is custody is when
Words of arrest and physical touch clearly signals the person is not free
P1 home invasions. Victim says the offender entered and exited through the door into the backyard and absconded over the fence into a neighboring property. To protect collection of forensic evidence , secure scene and establish a common entry path via
The front door through which the constables entered
An appreciation is the mental process, the written plan
records decision making and shows why a certain course of action was taken
What type of search requires a warrantless power notification
How to introduce a challenge
you said.... we have..... explain that
Crime scene- cross contamination
Scene equipment reused without cleaning
Which is correct about a protection order
A person arrested for a breach of a PO cannot be released on Police bail for 24 hours
Witness an assault. K9 offender. He refuses to say anything. 30min later at the station he says he wishes to speak to you. When interviewed he tells you why the assault took place. At what point should the offender have received his rights/caution?
At the time the offender was arrested for assaulting the other person and prior to any interview when he was in custody
Applying for SW, you must provide details of any other application for the target of that warrant that have been made in the previous
Correct method to collect a dry blood sample at a crime scene
Dampen swab with sterile water and then gently run the blood
What situation is not considered unlawfully at large
A person with an outstanding fines warrant
RGTB stolen property is in a shed. No one is home and shed is alarmed. You use 110 and call a security tech to gain entry. You must
Accompany the tech on entry and provide reasonable supervision
Initial action- you must not move any items in a serious crime unless it
Will be affected by the weather and cannot be protected
Executing a SW. Locate in hallway cupboard a large zip lock bag containing what you are certain is cannabis plant. Under 123 you may
Seize the item if you have RGTB you could seized the item under any search warrant you could have obtained
1C male located close by to crime scene... you should
Make a notebook entry of his details and his demeanor
Harry grabs a bottle and shouts "I hope this hurts!" Swings bottle at Ben's head. Ben ducks and bottle smashed on wall. Most app charge?
Assault with intent to injure because Harry intended to injure Ben with the bottle
Male physically resists after being give caution. Placed in cells. Refuses to leave cell for statement. Incorrect statement.....
An interview can proceed without his consent
1st at scene where body has been found. 1st response is to
Ensure the scene is safe to enter
Role of interview support persons for special consideration witness
Ensure their well being and support understanding of what is happening.
Any investigation aim to collect
Max amount of material and examine it for its use
Long example of vehicle crash..... Identify the victims
Karen, Sam, John and Anaru and their families
Reconstruction of Crime scene. Remember
Revise your reconstruction as new facts are obtained
You and colleague interviewing two suspects at station. Yous suspect uncooperative. Leave room for 5 min. Come back and tell him that his friend has admitted his part in the offending. Suspect admits his involvement. You the above be admissible in court?
No- admission was obtained by misrepresenting the truth
What is the normal period a warrant be valid for
A period specified by the IO not exceeding 14 days
Jo burns his cigarette into his neighbors face causing 10 burns. 12 months later burn marks no longer visible. Which charge
With intent to injure, disfigures
If witness becomes suspect during interview
Caution. shift to procedures for interviewing suspects and ensure the interview is being recorded
Ev test you must determine if there is a reasonable prospect of conviction through examining the
Sufficiency of the admissible evidence
Gary throws a punch at Bert's head. Bert ducks and the punch misses. Which statement is true
Gary commits the offence of assault with intent to injure because the potential for serious injury to the victim is likely
During interview suspect wants to make a complaint about an officer. Should the complaint effect the way the interview proceeds?
Yes, the complaint should be noted on video and suspect told that they can be referred to a Senior officer following the interview
Police are responsible for informing a victim of s29 sexual offence that
They have rights in legislation that protect their privacy throughout court proceedings and reporting
You see a man matching the description of one of two men who just robbed a shop assistant. The men are reported to have 2x stolen I phones. Which power of search is most app?
Purpose of initial rec
Survey the scene to establish the action required to secure
Jo is kicked and punched by a group of offenders. Suffered severe bruising to the face and ongoing depression- Can't be left alone at night. Jo is considered to have been
John forms a fist and says "Leave or you'll get this." Harry leaves, What is true
This is the offence of assault as Harry was threatened by John by his words and gesture and the placing of a condition on the threat does not negate the offence
Billy strokes Mike over the head with a hammer. Runs to car and drives off. You locate and stop Billy under 121. Billy leaps out of car and runs away. Can you search the car for the hammer?
Yes because you saw Billy run away from the ground and you have RGTS the hammer is still in the car
Primary consideration for serious assault and self defence
Actions by the victim prior to the assault
Opposing bail. S29. Police must
Make all reasonable efforts to ensure the court is informed of the victims views on bail
Elect right to silence. You give allegations and prepare a statement. He refuses to sign.
Record his refusal to sign the interview record and close the interview
CJPN on questioning
Directs the conduct of Police interviewing practice as guided by the judiciary
K9d male. Want to interview him further. Which is most correct
You can interview him while being mindful of the need to proceed to court ASAP
Suspect reveals his involvement in another crime. Contacts lawyer then exercises his right to silence. You should
Inform him of the allegations against him and record any response he may make
Entered house under s8. You cans search
The basement workshop
Hypothesis and why you use them
Hypothesis suggest explanations for a group of facts. They can be used to generate lines of enquiry.
SW app- you must check that your NIA target is valid so that details of any SW app made on your target
in the last 3 months will be attached to your app
Unacceptable behaviors demonstrated by lawyer at suspect interview
Answering the interviewers questions on behalf of their client
Taken from people who had legitimate contact with the scene or an exhibit
There is direct transfer of material between one party and another
Engage and explain phase of interview. Witness fearful or distressed. You should
Consider their concerns. Assess reasons. Discuss with your supervisor about if visually recorded interview is required.