CPC 6

Question 1

What does ‘offence - creating section’ refer to, in any Act of Parliament?

Answer 1

It refers to the section that defines what constitutes an offence.

Question 2

What does ‘powers- making section’ refer to, in any Act of Parliament?

Answer 2

It refers to the section that grants authority to create rules or regulations.

Question 3

What does ‘procedural section’ refer to, in any Act of Parliament?

Answer 3

It refers to the section that outlines the procedures to be followed.

Question 4

What is the difference between an Act and a Regulation?

Answer 4

An Act is legislation passed by Parliament, while a Regulation is a rule made under the authority of an Act.

Question 5

Name the two classifications of offences in NSW.

Answer 5

Summary offences and indictable offences.

Question 6

Which types of offences are generally less serious?

Answer 6

Summary offences.

Question 7

Which types of offences are generally more serious?

Answer 7

Indictable offences.

Question 8

Explain actus reus.

Answer 8

It refers to the physical act or conduct that constitutes a criminal offence.

Question 9

Explain mens rea.

Answer 9

It refers to the mental state or intent of a person when committing a crime.

Question 10

Explain temporal coincidence.

Answer 10

It refers to the requirement that actus reus and mens rea occur simultaneously.

Question 11

How old will a child be, in NSW, if they are held to be old enough to be legally responsible for their criminal actions?

Answer 11

10 years old.

Question 12

Explain the doctrine of Doli Incapax.

Answer 12

It is the legal presumption that children under a certain age cannot be held criminally responsible.

Question 13

What is the standard of proof applicable to a criminal matter?

Answer 13

Beyond a reasonable doubt.

Question 14

Who has the responsibility of convincing a court that each element of a criminal offence has been proven beyond a reasonable doubt?

Answer 14

The prosecution.

Question 15

Who has the burden of proof in a civil matter?

Answer 15

The plaintiff.

Question 16

What is the standard of proof applicable to a civil matter?

Answer 16

On the balance of probabilities.

Question 17

Explain the statute of limitations.

Answer 17

It is the maximum time period allowed for bringing a legal action.

Question 18

What is the statute of limitations in regard to summary offences?

Answer 18

Generally 6 months.

Question 19

What is the statute of limitations in regard to indictable offences?

Answer 19

There is no statute of limitations.

Question 20

What is meant by ‘Table 1’ and Table 2’ offences?

Answer 20

Table 1 and Table 2 offences refer to specific classifications of criminal offences.

Question 21

What is meant by ‘direct evidence’?

Answer 21

Direct evidence is evidence that directly proves a fact without the need for any inference.

Question 22

What is meant by ‘in direct evidence’?

Answer 22

In direct evidence refers to evidence that does not require inference to establish a fact.

Question 23

What is meant by ‘inculpatory evidence’?

Answer 23

Inculpatory evidence is evidence that suggests a person’s involvement in a crime.

Question 24

What is meant by ‘exculpatory evidence’?

Answer 24

Exculpatory evidence is evidence that suggests a person’s innocence.

Question 25

Why do we need to test evidence?

Answer 25

We need to test evidence to ensure its reliability and relevance in legal proceedings.

Question 26

Name the three types of evidence.

Answer 26

The three types of evidence are real, documentary, and original evidence.

Question 27

For evidence to be admissible, it must be R----, R----- and F--.?

Answer 27

For evidence to be admissible, it must be relevant, reliable, and fair.

Question 28

Who decides whether evidence is admitted into court proceedings?

Answer 28

The judge decides whether evidence is admitted into court proceedings.

Question 29

Opinion evidence is excluded from court. Name the two exceptions to this rule.

Answer 29

The two exceptions to the exclusion of opinion evidence are expert opinion and lay opinion.

Question 30

What does section 78 of the Evidence Act 1995 (NSW) refer to?

Answer 30

Section 78 refers to the exception to the opinion rule being lay opinions

Question 31

What does section 79 of the Evidence Act 1995 (NSW) refer to?

Answer 31

Section 79 refers to the admissibility of expert opinion evidence.

Question 32

Are inferential statements based on fact? Why/why not?

Answer 32

Inferential statements are based on facts, as they draw conclusions from established evidence.

Question 33

What does section 59 of the Evidence Act 1995 (NSW) refer to?

Answer 33

Section 59 refers to the hearsay rule

Question 34

Explain the hearsay rule.

Answer 34

The hearsay rule prohibits any witness from giving evidence of anything that they did not perceive with their own senses, as this is less reliable and fair.

Question 35

Name eight common exceptions to the hearsay rule.

Answer 35

Hearsay for non hearsay purposes First hand hearsay where the maker is unavailable The identity of a person place or thing Contemporaneous statements about a persons health Business records Tags and labels Telecommunication records Admissions

Question 36

What is wrong with asking multi-part questions?

Answer 36

They can confuse the respondent and lead to incomplete answers.

Question 37

Why should you not ask leading questions?

Answer 37

They can suggest a desired answer and bias the response.

Question 38

Why should you not ask forced answer questions?

Answer 38

They limit the respondent's ability to provide a nuanced answer.

Question 39

Why would you keep closed answer questions to a minimum?

Answer 39

They restrict the depth of information obtained from the respondent.

Question 40

Why was the PEACE Model formulated?

Answer 40

To improve the quality of interviews and gather accurate information.

Question 41

What are the five stages of the PEACE Model?

Answer 41

Planning and Preparation, Engage and Explain, Account, Closure, and Evaluation.

Question 42

Name four things police need to keep in mind when preparing for an interview (Planning and Preparation stage).

Answer 42

Location/timing Availability of interview rooms Exhibits Who it the most appropriate interviewer Time and place Roles Interviewee considerations Interview plan

Question 43

Name four things police need to do in the Engage and Explain stage of the PEACE Model.

Answer 43

Create a professional and positive first impression Establish rapport Set out clearly the reason for the interview Explain roles/recording/notes Check on interviewees needs and understanding

Question 44

Explain the Account stage of the PEACE Model.

Answer 44

This stage involves gathering the interviewee's narrative in detail.

Question 45

When interviewing willing or cooperative participants, what is the type of interviewing used in the Account phase called?

Answer 45

Cognitive Interviewing

Question 46

When interviewing unwilling or uncooperative participants, what is the type of interviewing used in the Account phase called?

Answer 46

Conversation management

Question 47

What is the TEDS principle?

Answer 47

Tell me Explain to me Describe to me Show me

Question 48

Explain focal points.

Answer 48

Focal points are specific areas of interest or detail that should be emphasized during the interview.

Question 49

What are the 5WH questions?

Answer 49

What When Who Where How

Question 50

When would police use closed questions in an interview?

Answer 50

Police use closed questions to guide witnesses towards specific details or to clarify information.

Question 51

Why would police use open questions in an interview?

Answer 51

Police use open questions to encourage witnesses to provide more detailed and expansive responses.

Question 52

What is ADVOKAT?

Answer 52

ADVOKAT is a mnemonic used to help interviewers remember key principles for assessing witness reliability.

Question 53

What does each letter in ADVOKAT stand for?

Answer 53

A - Amount of time under observation, D - Distance from incident, V - Visibility, O - Obstruction to line of sight, K - known or seen before , A - Any reason to notice, T - time since.

Question 54

What happens in the Closure stage of the PEACE Model?

Answer 54

In the Closure stage, the interviewer summarises the information gathered and ensures the witness feels their account has been understood. Explain further process and invite questions.

Question 55

Why do we need to have an Evaluation stage in the PEACE Model?

Answer 55

The Evaluation stage is necessary to assess the information obtained during the interview and evaluate. Also to evaluate own performance.

Question 56

Why are statements written in a paragraph or narrative style?

Answer 56

Statements are arranged into paragraphs, where each point or issue identified by the interviewee is contained within a separate paragraph

Question 57

What are some difficulties witnesses encounter when trying to remember events?

Answer 57

Witnesses may struggle with memory decay, stress, or the passage of time, which can affect their recall.

Question 58

How can police help witnesses and victims to recall what they may have perceived?

Question 59

After you record particulars, and you decide you need to conduct an interview to obtain a statement, how do you go about it?

Question 60

What type of information should you capture when you record particulars?

Question 61

When would you obtain a statement?

Question 62

What does s283B of the Criminal Procedure Act 1986 (NSW) say needs to be in a statement?

Question 63

Write out the endorsement verbatim.

Answer 63

This statement made by me....

Question 64

When can you include addresses, dates of birth and phone numbers in written statements?

Question 65

Who signs a statement?

Question 66

Who witnesses the signature of a statement maker?