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CIK Notes > Conduct Investigations > Flashcards

Conduct Investigations Flashcards

(47 cards)

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1
Q

Initial Action

A 
Victims
Appreciation
Witnesses
Scene
Exhibits
Ingredients
Powers
Offenders
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2
Q

Appreciation

A

A proven method of problem solving. It identifies a question arising from a problem, issue or situation.
Can be full, short or written

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3
Q

How to do an appreciation

A
  1. Aim - statement of intent
  2. Factors - a statement of truth about known influence
  3. Courses open - possible ways aim could be achieved
  4. Plan - select most appropriate
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4
Q

Preserving scene

A
  1. Identify - common approach path, powers, “scene”, SITREP
  2. Secure
  3. Preserve
  4. Consider
  5. Record
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5
Q

Search and Surveillance 116

A

Securing a place, vehicle or other thing to be searched.
Can in a reasonable manner and duration
- secure thing, area or items in or on
Can exclude persons if will obstruct or hinder

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6
Q

POL 265

A

Deceased person certificate

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7
Q

POL 265A

A

Formal identification form

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8
Q

Initial response to body

A
  1. Record and consider marking position
  2. Record details
  3. Health risks
  4. Paper bags on head, feet and hands. Loose tape to secure. Plastic if wet.
  5. Wrap body in plastic sheet
  6. Search under body site
  7. Exhibits
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9
Q

File management/disclosure 10,000 series docs

A

Those where there is no justification to withhold from disclosure under 16, 17 or 18 - FWS, job sheets, transcripts

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10
Q

File management/ disclosure 50,000 series docs

A

Those which may be fully or partially withheld pursuant to 16, 17 or 18 - emails, SW app, CHIS

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11
Q

Good charging decision

A

Adequately reflect nature and extent of criminal conduct and provide court appropriate basis for sentence.

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12
Q

Attorney general needs to consent what charges

A

SOA 20 - false claim of qualification
SOA 20A - unauthorised disclosure of info
FEN 11 - NZ flag offences
FVP 123-129 - restricted and objectionable publications
CA 100-105 - bribery and corruption

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13
Q

Solicitor General Guideline

A

All probable offences punishable by 7 yrs + should be included in charge.

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14
Q

Good investigative decision

A 
Acknowledge problem 
Analyse
Objective
Gather data/info
Alternatives
Plan
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15
Q

Individual bias

A

Decisions unconsciously affected by personal perceptions

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16
Q

Verification bias

A

No considering alternatives as set on a vertical channel

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17
Q

Availability errors

A

Focussing on what have and ignoring other evidence

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18
Q

Investigative mindset

A

A disciplined approach to gathering, recording, retaining and presenting evidence

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19
Q

Hearsay

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A

Admissible if the circumstances relating to the statement provide reasonable assurances that the statement is reliable and the statement maker is unavailable as a witness or judge seems undue expense or delay

20
Q

Statements of opinion

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A

Admissible if opinion is necessary to enable the witness to communicate or the fact finder to understand the witness

21
Q

Expert evidence

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A

Admissible if the face finder is likely to obtain substantial help from the opinion in understanding other evidence

22
Q

Improperly obtained evidence

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A

Balance of probabilities that improperly obtained if any BOR breach, unfairly, inadmissible statement

23
Q

V.R.A 7

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A

Treat with courtesy, compassion and respect

24
Q

V.R.A 8

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A

Access to services such as welfare, health, counselling, medical and legal

25
V.A.R 9
Restorative justice meetings to resolve
26
V.R.A 11
Info about programmes and services
27
V.R.A 12
Info about proceedings
28
V.R.A 13
Limits on duties to give info under 11 and 12
29
V.R.A 14
Info that may be given to a support person
30
V.R.A 15
Rights under privacy act
31
V.R.A 16
Restrictions on disclosing contact details
32
V.R.A 17
About VIS. Defined, purpose and information to be ascertained
33
V.R.A 18
Procedure before ascertaining VIS info. Must be true and recorded
34
V.R.A 20
Statement from another disadvantaged
35
V.R.A 21-26
In relation to VIS: 21. For sentence indication 22. May be read in court 23. Offender not given to keep 24. Return at end except victim, court staff, police, probation or prosecutor 25. Can withhold part to protect 26. Anything withheld not taken in to account
36
Victim
- offence against - physical or loss or damage from offence - parent or legal guardian of CYP - immediate family of deceased or is incapable due to offence
37
Child vs young person
Child - Under 14 but 18 if giving evidence | YP- over 14 but under 17 (unless married/civil union)
38
VHS
Calculated score based on factors and measures such as seriousness of offences, number of, offender recidivism and repeat crime types. This creates lights of graduated response model
39
VNR
Process set up by agencies to notify victims of specified serious offences who wish to be notified of bail, release and death of defendant or offender 29 offences - sexual or other serious, serious injury, death or incapable, one of another resulting in ongoing fear for theirs or immediate family
40
VNR and VIS and alternate evidence numbers
POL 1065 POL 392 POL 2020
41
If witness becomes suspect during interview
Adopt procedures for interviewing suspects including cautioning and visually recording
42
P.E.A.C.E interview phases
``` Planning and prep Engage and explain Account Closure Evaluation ```
43
Interview special considerations
``` Children and elderly Intoxicated Traumatised victims Intellectual disabilities FV/sexual assault victims Communication difficulties ```
44
ADVOKATES
``` Amount of time Distance Visibility Obstruction Known Any reason to remember (distinguishing) Time lapse Error or material discrepancy Salience ```
45
Support person for witness
``` Under 6 of evidence regulations, can be present at interview if in interest of witness and appropriate person. Always consider if 'special' witness 18+ Not suspect or witness Won't pervert Available reasonable time ```
46
Ten II principles
1. Interview heart of investigation 2. Aim to discover truth 3. Complete, accurate and reliable info 4. Open mind 5. Fair 6. Questioning can be persistent 7. Special considerations for some 8. Interview in accordance with law 9. Care to identify 'special' 10. Sensitive to culture and religion
47
Memory process
Encoding > storage > retrieval

CIK Notes (7 decks)

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