CPC 6 Flashcards

Question

What is Categorisation 1: Punishment (or penalty)?

Answer 1

If we are considering the ‘punishment that can be imposed’ (that is the maximum jail term that can be imposed for the offence) then we will have: a. Summary offences (0 to 2 years punishment) b. Minor Indictable offences (>2 <5 years punishment) c. Serious Indictable offences (5 or more years punishment)

Answer 2

If we are considering ‘which court can hear the matter’ then we will have: a. Summary (only the local court) b. Table 2 Indictable (Local court unless prosecution elects to take matter to a higher court e.g., the district court) c. Table 1 Indictable (Local court unless prosecution or defence elects to take matter to a higher court e.g., the district court) d. Strictly indictable (Matter can only be heard in the higher courts; district or supreme)

Answer 3

Criminal Procedure Act 1986 (NSW).

Answer 4

Strictly: 1. Murder 2. Manslaughter 3. Dangerous Driving Occasioning Death 4. Kidnapping Table 1: 1. Possess Child Abuse Material 2. Assault Occasioning Grievous Bodily Harm (AOGBH) 3. Robbery 4. Destroy or damage property where the value of property exceeds $5000 Table 2: 1. Possessing an unregistered firearm in a public place 2. Assault Occasioning Actual Bodily Harm (AOABH) 3. Record intimate image without consent 4. Stealing/larceny where the value of property does not exceed $5000 5. Destroy or damage property where the value of property does not exceed $5000

Answer 5

Minor Indictable= more than 2 years, less than 5 years imprisonment Serious Indictable= 5 or more years imprisonment

Answer 6

Admissions relating to a Table 1 or higher offence MUST be electronically recorded unless there is a REASONABLE excuse for not doing so.

Answer 7

All Table 2 offences such as lower-level assaults (common assault and (AOABH) and, property damages and stealings of $5000 or less are heard in the local court unless the prosecution decides to ask for the matter to be heard in a higher court All Table 1 offences such as higher-level assaults and, property damages and stealings of more than $5000 are heard in the local court unless the prosecution or defence decides to ask for the matter to be heard in a higher court

Answer 8

1. Summary 2. Table 2 3. Table 1 4. Strictly

Answer 9

it's the initial evidence presented to support a claim or accusation. In policing, to hold prima facie evidence means that at a minimum there is some evidence for each of the elements of the offence. HAVING ALL THE ELEMENTS OF A CRIME

Answer 10

An offence listed in table 1 means that the PROSECUTOR or DEFENCE may elect for the matter to be heard in the District Court An offence listed in table 2 means that ONLY the PROSECUTOR may elect for the matter to be heard in the District Court

Answer 11

you should always take a report of any incident including but not limited to: 1. when a criminal offence has occurred 2. use of a power (including arrest or search) 3. motor vehicle collisions 4. missing persons 5. located property.

Answer 12

is a term that is often used by police that refers to the recording of information What particulars do you record? - Time / Date / Place - Incident type - LOC: Location of incident (if different to place) - VIC/WIT: Victim/Witness details - TOI: (Time of Incident) = timeframe within which the incident occurred - DESC: Description of property lost, damaged or stolen - Value of any loss - Any other relevant information

Answer 13

- A person may not have witnessed or been able to give any information that provides you with ‘lines of enquiry’. - The offence is very minor in terms of seriousness, and it is unlikely that you will commence legal proceedings against the suspect. - All reasonable avenues of investigation have been explored but proved fruitless (for example, no suspect can be identified). - The incident reported does not amount to an offence.

Answer 14

Evidence is any relevant information used to prove or disprove the ‘facts’ surrounding the circumstances of a criminal offence (Lee v The Queen 1998 HCA).

Answer 15

- Identify Evidence - Preserve Evidence - Collect Evidence - Produce Evidence

Answer 16

- the ELEMENTS of an offence - any relevant SUBSIDIARY FACTS - any DEFENCES to an offence

Answer 17

Inculpatory: Incriminates - goes towards the guilty Exculpatory: Exonerates - goes towards the innocence

Answer 18

Relevance Reliable Fair

Answer 19

Relevant evidence will also, always be considered by the court as to its reliability and fairness. Goes directly or indirectly towards one of the Facts and Issues (elements of the offence)

Answer 20

Is a measure of accuracy. It is the closest any of the principles come to the concept of truth

Answer 21

- Evidence gathered illegally - Evidence gathered improperly - Evidence which has less probative value than prejudicial effect (i.e., where the relevance of the evidence is outweighed by the improper effect the evidence may have on the jury) - Evidence which would result in a miscarriage of justice - Evidence that, because of public policy considerations should be excluded - Evidence that would operate against a person's rights and privileges

Answer 22

Legal system based on all persons are considered innocent until proven guilty.

Answer 23

Original Real Documentary

Answer 24

Oral Testimony provided by an eyewitness to the crime. This evidence is recorded in a ‘statement’ format.

Answer 25

REAL Evidence: Physical evidence found at the scene of a crime or used in the commission of an offence.

Answer 26

A hard copy, electronic or audio record that provides evidence relating to the commission of an offence.

Answer 27

DIRECT: facts which support the truth of an assertion (allegation), or INDIRECT: facts which support the drawing of an inference as to the truth of an assertion. This is sometimes referred to circumstantial evidence

Answer 28

also known as a Police Facts Sheet, is a crucial document used in criminal proceedings in NSW. It outlines the police version of events, based on their observations, statements from victims and witnesses, and other evidence gathered during the investigation.

Answer 29

Telling the court what you heard someone else say about the incident is hearsay. Something written that provides evidence that has not been perceived by a witness’s own senses is also considered hearsay.

Answer 30

The basic understanding of the Hearsay Rule is that a witness is not permitted to tell the court any information that is considered hearsay. Each witness is to confine their evidence to what they perceived with their own senses.

Answer 31

Common hearsay exceptions from the Evidence Act 1995 (NSW): 1. Hearsay for a non-hearsay purpose (s 60) 2. First-hand hearsay where the maker is unavailable (s 65) 3. The identity of a person, place or thing (s 66) (maker available) 4. Contemporaneous statements about a person’s health (s 66A) 5. Business records (s 69) 6. Tags and labels (s 70) 7. Telecommunications records (s 71) 8. Admissions (s 81)

Answer 32

A witness tells police that a person was dealing drugs. Police use this information to establish ‘reasonable grounds’ to apply the ‘power to search’ the person and they find the drugs.

Answer 33

So, section 65 allows for another witness, in this example the police officer, who was told the information at the time to give the evidence even though it is hearsay. Unless the original witness is dead, the s 65 hearsay exception can be very difficult to use.

Answer 34

It would be hearsay for the police to tell the court what the son said, because police did not perceive with their own senses the ‘man stab the woman in the guts’. The s 66 exception to hearsay, provides that even though the witness is available to give original evidence at court, another witness (in this case police) can give certain hearsay evidence, as long as it only relates to the identity of a ‘person, place or thing’ (reference s 66(3)).

Answer 35

The rules of law (such as the hearsay rule and exceptions to hearsay) concerning evidence, that the court is guided by, are contained in the Evidence Act 1995 (NSW) and the associated regulations. As a rule, it is better to include evidence and have its admissibility argued in court rather than not include it and never be in a position to use it

Answer 36

The court will permit a person who is not testifying as an expert to testify in the form of an opinion if the opinion is both rationally based on the person’s perception and helps to explain the witness's testimony.

Answer 37

The court will permit a person to give an opinion on a subject where they have a, “...specialised knowledge based on the person’s training, study or experience,” and on which the opinion is, “...wholly or substantially based.” (Evidence Act 1995 (NSW) s 79).

Answer 38

Generally, the first step of an investigation is to identify sources of evidence. see whether it appears as though a crime/offence has actually been committed. You will do this by asking people what happened.

Answer 39

If there is any evidence which is of a nature that can be damaged or lost, then you will do what you can to preserve that evidence. One important aspect of evidence preservation is the limiting of witnesses from contaminating their memory.

Answer 40

Some real and documentary evidence will be collected by general duties police and some evidence such as fingerprints and DNA will be collected by specialist police. The most common type of evidence that you will collect is original evidence, that is the oral testimony of a victim, witness, or suspect/offender. Note: The identification, preservation and collection of evidence all occurs outside the courtroom, prior to the court hearing.

Answer 41

From your perspective as a police officer it is much more useful to classify these witnesses into victims, witnesses, and offenders (also known as the accused). Once evidence is collected then that evidence is collated so that it is able to be produced into the court hearing (if the matter goes to hearing

Answer 42

The PEACE Model of Investigative Interviewing is a structured approach used by the NSWPF to conduct interviews in a non-accusatory and ethical manner. The model is designed to gather accurate information while minimising the risk of false confessions.

Answer 43

The aim of any interview is: to obtain the most amount of evidence possible from the interviewee, about the crime, and to identify any other possible lines of enquiry.

Answer 44

Preparation and Planning Engage and Explain Account Closure Evaluation

Answer 45

Create an interview plan which will include offence investigated elements subsidiary facts possible defences special/legal requirements (specifically for suspects) age- support person impairment- support person Interpreters legal support Interviewee considerations willingness to participate gender cultural background fitness for interview (mental, emotional, tiredness) Roles and other stakeholders Note taker primary and secondary interviewer Time and place Location/timing availability of interview rooms, recording devices etc exhibits attendance of interpreters and support person who is the most appropriate interviewer (usually as a junior officer you or your partner will conduct the lead and secondary interviewer roles. In more complex matters, sometimes the officer in charge of the case is not the best person to conduct the interview).

Answer 46

Establish Rapport with the interviewee and explain the interview process to ensure they understand what to expect.

Answer 47

Allowing the interviewee (victim, witness or suspect) to give their account of events without interruption, then clarifying and challenging any inconsistencies.

Answer 48

Cognitive interviewing is used with willing participants, usually victims and witnesses whose accounts will typically be recorded in a ‘paragraph statement’ format - ask interviewee to give a brief overview of what happened (no record taken) - ask the interviewee to give a more detailed account and take notes of this account in the form of a dot point list, simple paragraph, or timeline. - identify the focal points from the list, paragraph, timeline. - probe the focal points, recording responses in the appropriate format. - Review

Answer 49

It is designed for use when interviewing people who have a story to tell but do not want to tell it, whether they are suspects or hostile witnesses, and is centred upon the tactical use of evidence that police would have gathered during the course of their investigation. The model comprises three distinct stages each of which needs to be completed before progressing to the next stage. - suspect's agenda - police agenda (sometimes referred to as clarification) - Challenge

Answer 50

The suspect is provided with an opportunity to respond to the allegation put to them. Any account offered by the suspect is accepted without challenge and recorded as it is given. If the suspect says nothing or indicates that they do not know what the interviewer is talking about, seek an account of their movements at the relevant time.

Answer 51

The suspect is afforded the opportunity to offer an innocent explanation (clarify) for the existence of evidence in the investigator’s possession, without the suspect being made aware of the existence or nature of this evidence.

Answer 52

Summarising the information gathered to ensure mutual understanding and addressing any remaining questions. ALWAYS Summarise info all customer service stuff Sign and witness statement - give copy to interviewee

Answer 53

Assessing the interview’s effectiveness and reflecting on what could be improved for future interviews. Evaluate the Interview and your own performance.

Answer 54

The suspect is afforded a final opportunity to account for the discrepancies between the evidence in the possession of the investigator and the account given by the suspect. In cases where you have more than one piece of evidence to base a challenge, it is good practice to present the suspect with the least compelling challenge first and build up to the more compelling challenge.

Answer 55

When taking a statement from a victim or witness you will use the PEACE model to guide you in the taking of that statement.

Answer 56

Closed questions are typically questions to which the person answering the question has little option other than to provide a short and direct answer. Closed questions often start with ‘do’, ‘are’, ‘did’ or ‘is’ 1. Generally used to elicit a short answer 2. Often used to establish / address legal issues 3. Used when the interviewer is seeking a specific response

Answer 57

Open questions are typically questions to which the person answering the question is encouraged to provide an extended more detailed answer. They often start with ‘tell’, ‘explain’, ‘describe’ or ‘show’. Tell me Explain to me Describe to me Show me

Answer 58

Tell me Explain to me Describe to me Show me

Answer 59

Probing questions sometimes even when you ask an open question the information supplied will not result in obtaining all of the information or evidence that the person is able to provide. It is very useful to learn how to ask probing questions in order to try and elicit further information. When asking a probing question, it may be appropriate to ask a closed or open question.

Answer 60

Who What When Where Why How

Answer 61

Multi Part Questions and Leading Questions

Answer 62

Amount of time under observation Distance from the incident / person when observing Visibility Obstruction to the line of sight Known or seen before Any reason to notice Time since

Answer 63

ADVOKAT is a list of questions, asked by the [police] interviewer, to test the reliability of the eyewitness identification, knowing that the magistrate or jury will be considering these issues. It provides [police] investigators with a framework to ensure the evidence is relevant, reliable and fair and therefore, acceptable to the courts. (R v. Turnbull and others, 1976 and ADVOKAT).

Answer 64

Generally, an interview will begin with an open question similar to, “Tell me everything you can about what you saw happen at the bank today?” At this point in time the interviewer will let the interviewee give their ‘account’ (without interrupting). During this ‘account’ the interviewer (police) will use the skill of notetaking. The second paragraph emphasised by bold text, highlights an important attribute of taking notes. Notes provide the interviewer with a breakdown of the account into manageable sections which are often called focal points

Answer 65

A statement is a written record of the information (evidence) that a person (victim, witness: including police officer) can provide to a court. The statement itself is not evidence; it is a written record of the evidence the maker can provide (is likely to provide) to the court if required.

Answer 66

Section 283B of the Criminal Procedure Act 1986 (NSW) tells us, that a statement must contain an endorsement and the age of the statement maker, for it to be accepted by the court. 1. can be question and answers 2. include age (paragraph 2 of statement) 3. endorsement (paragraph 1 of statement) 4. endorsement must be in language understood by maker 5. English version attached if written in other language

Answer 67

The endorsement for a person under 18 years of age, or a person who is below-average intelligence can be modified. See subsection 1: it is sufficient if the endorsement includes: a. words to the effect that the statement is true, or b. words to the effect that the statement contains no lies.

Answer 68

provides information relating to details that must not be disclosed to the defence: addresses, dates of birth and phone numbers.

Answer 69

1. photocopy the statement 2. using a black Texta, black out the address/D.O.B./phone number from the statement and/or notebook 3. now photocopy the statement/notebook again.

Answer 70

ll statements must be signed on every page of the statement by the maker, whether it is a notebook or typed statement. It must also be signed on each page by the officer taking the statement, and on the final page of the statement the officer should also print their name, rank, station, date, and the time the statement was signed under the signature.

Answer 71

Stage 1 - Evidence gathered before interacting with the suspect Stage 2 - Interaction with the Suspect Stage 3 - Court

Answer 72

If the evidence passes the three-test rule, then police should commence legal proceedings. If the evidence does not pass the three-test rule, then police should either continue the investigation, or consult with a senior officer.

Answer 73

is there some evidence that related to each element of the offence if the evidence passes the prima facie test investigators should consider the next two tests

Answer 74

Can it be said that there is no reasonable prospect of conviction at court It is very important that if you think that there is no prospect of conviction you consult with a more experienced senior officer to confirm your views. if, when you consider all of the evidence, there is no real prospect of conviction then you have not satisfied the sufficiency test and it is possible that you should not commence legal proceedings

Answer 75

Is it in the interest of the public to spend the courts time on this matter? There are a few occasions where it may not be in the public interest to commence legal proceedings. Police should use their discretion in these matters to consider other appropriate options which may include no formal action or the giving of a warning

Answer 76

introduction: Introduce yourself. Be professional and courteous. Advise the person that you are wearing/using a body worn video camera to record conversation and actions. Ask the suspect for their name. allegation: Tell them why you are speaking to them. caution: You MUST caution the suspect if: i. when a person is placed under arrest, or ii. when police believe there is sufficient evidence to establish a person has committed an offence and you intend to question them about that offence suspect ID: Confirm the actual identity of the suspect, obtain ID if possible interview: Interview suspect legal proceedings: If appropriate

Answer 77

No Formal Action option should be reserved for low-level issues, particularly where there may be no actual victim or when the victim does not wish for any legal action Warning issuing a 'warning’ should be reserved for low-level issues, where there may be no actual victim, or when the victim does not wish any legal action. A warning would be relevant when despite taking no formal action you wish to warn the person that their actions have brought them under notice and that if their actions are repeated then there could be a higher sanction imposed. Caution we mean cautions contained in legislation as a way of dealing with an offence Commencing legal proceedings by way of caution does not remove the obligation of police to investigate the matter fully Penalty Notice FCAN A ‘Court Attendance Notice’ (CAN) is what NSW Police call the official documentation which informs a defendant and court of the charge details/information. they eliminate parts of the 'arrest and charge' procedures as a Field CAN (FCAN)- in the field on the spot FSCAN A Future Service CAN (FSCAN) is another option that police have to commence legal proceedings. A FSCAN is similar to a summons and is particularly relevant when your investigation takes some time to complete and at the conclusion of your investigation it is not appropriate to ‘arrest and charge’ the suspect.

Answer 78

the offence will not continue after issuing the FCAN identity must be established you believe that the offender will appear in court there is no further investigation required in order to commence a criminal proceeding the accused will not interfere with evidence or hinder the police investigation the accused will not intimidate the victim or witnesses you do not need to impose bail conditions on the accused the offence is listed on the FCAN guide card (contained in FCAN book) Police cannot issue an FCAN in the following circumstances: when strictly indictable or domestic violence offences are committed for offences involving juveniles, except traffic offences when the juvenile is of licensable age. when suspects are under the influence of a drug or alcohol when the offender has outstanding warrants (must be returned to a station for a warrant to be executed). Practical considerations: you must have enough evidence to establish elements of the offence service copy (white) of FCAN given to the court (this copy informs the court that the FCAN was served) remember to complete BOTH sides of the Service Copy defendant copy (yellow) of FCAN given to the defendant handed to the offender, directing them to attend court on a certain date or risk having the matter heard in their absence ordinarily to be given at the time of interaction a blue copy is retained in the book

Answer 79

impingement on a person's right to freedom arrest search on arrest (section 27 LEPRA – you will learn about searches later in the program) transportation in police vehicle custody process at the police station possible further search at station (section 28A LEPRA) remaining in custody while ‘Court Attendance Notice’ is created and served

Answer 80

There is a 22-week time limit in which the matter is to be mentioned in court. If the accused has not been served, police need to apply to the court for an arrest warrant.

Answer 81

"Arrest is where an officer plainly conveys by words or actions that a suspect is not free to leave" (NSW Court of Criminal Appeal, 2022).

Answer 82

Seizure or touching Submission Words or conduct Important note: These are the three ways in which an arrest can take place. If you as a police officer do any of these things, then you have arrested a person.

Answer 83

Offence Warrant Breach of the Peace Other Specific Power

Answer 84

(1) Offence: Arresting for an offence will be the most common arrest power that you will use. When a person is committing or has committed an offence, a power exists in section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) commonly referred to as LEPRA, for a police officer to arrest that person. There is significant legislation that is associated with this occasion to arrest.

Answer 85

Arresting for a warrant occurs when a court issues a warrant for the arrest of a person. The power provided to police to arrest a person who is named in a warrant of arrest is found in section 101 of LEPRA.

Answer 86

Arresting a person for a breach of the peace is a common law power (not LEPRA) that police have. Police have the common law power to arrest a person if in their opinion that person is likely to cause a breach of the peace.

Answer 87

Arresting a person by virtue of some other specific power occurs when a piece of legislation provides police with the power to arrest a person for some purpose other than for an offence.

Answer 88

99(1)(a) + 99(1)(b) + 99(3) + 202

Answer 89

Section 99(1) - A police officer may, without a warrant, arrest a person if (a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence To satisfy 99(1)(a) you must have a reasonable suspicion that the person (suspect) has committed an offence.

Answer 90

i. to stop the person committing or repeating the offence or committing another offence, ii. to stop the person fleeing from a police officer or from the location of the offence, iii. to enable inquiries to be made to establish the person's identity if it cannot be readily established or if the police officer suspects on reasonable grounds that the identity information provided is false, iv. to ensure that the person appears before the court in relation to the offence, v. to obtain property in the possession of the person that is connected with the offence, vi. to preserve evidence of the offence or prevent the fabrication of evidence, vii. to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence, viii. to protect the safety or welfare of any person (including the person arrested), ix. because of the nature and seriousness of the offence.

Answer 91

i. to stop the person committing or repeating the offence or committing another offence, ii. to stop the person fleeing from a police officer or from the location of the offence, iii. to enable inquiries to be made to establish the person's identity if it cannot be readily established or if the police officer suspects on reasonable grounds that the identity information provided is false, iv. to ensure that the person appears before the court in relation to the offence, v. to obtain property in the possession of the person that is connected with the offence, vi. to preserve evidence of the offence or prevent the fabrication of evidence, vii. to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence, viii. to protect the safety or welfare of any person (including the person arrested), ix. because of the nature and seriousness of the offence.

Answer 92

F - fleeing I - identity N - nature E - evidence C - committing H - harassment A - appearance P - property S - safety

Answer 93

The arresting police officer or another police officer must, as soon as is reasonably practicable, take the person who has been arrested under this section before an authorised officer to be dealt with according to law.

Answer 94

A safeguard is a specific instruction that outlines the limits to, or responsibilities that go with a power. That safeguard is found in LEPRA s 202 and is entitled: "Police officers to provide information when exercising powers."

Answer 95

Section 202(1) LEPRA A police officer who exercises a power to which this Part applies must provide the following to the person subject to the exercise of the power: evidence that the police officer is a police officer (unless the police officer is in uniform), the name of the police officer and his or her place of duty, the reason for the exercise of the power.

Answer 96

I- Inform reason for exercise of power P- Provide your name to the person and your place of duty E- Evidence you are an officer (UNLESS IN UNIFROM)

Answer 97

A Bail CAN is simply a CAN whereby ‘bail’ has been considered during the charging process and a determination has been made whereby the accused person has either been: Unconditional Bail: Released from custody with no bail conditions Conditional Bail: Released from custody with bail conditions that the accused person must apply with Bail Refused: Not released from custody. In the circumstance the accused will stay in custody (usually corrective services) until the first court date

Answer 98

Section 105 of LEPRA exists for circumstances similar to this, whereby, police MAY discontinue the arrest and either proceed by one of the other options for commencing legal proceedings or continue the investigation.

Answer 99

when a person is placed under arrest, or when police believe there is sufficient evidence to establish a person has committed an offence and you intend to question them about that offence

Answer 100

When a suspect is arrested and conveyed back to a police station, they will be taken immediately into the custody room and introduced to the custody manager. A custody manager must complete a form for each person who comes into their custody, which outlines the rights of these persons. The form is completed and read out by the custody manager to the person ensuring they understand their rights while in police custody. There are two different forms, one for a person who is arrested and not free to leave, and the other for a person who is not under arrest and is free to leave.

Answer 101

form 31 for a detained person (arrested for an offence and not free to leave) form 32 for protected suspects (not under arrest and free to leave at any time)

Answer 102

To be in custody is to be in the care and control of the police, at a police station or other place of detention.

Answer 103

The period for which police may detain the person is ‘for a reasonable time’ but not more than six hours. Police may apply for a detention warrant to have those six hours extended if necessary. The Part applies to: persons who have been arrested, and persons who are in the company of police to assist in the investigation of an offence but are not under arrest (protected suspect)

Answer 104

LEPRA s 112 outlines certain persons that the application of the part may be modified for LEPRA s 115 outlines the investigation period LEPRA s 118 states the requirements for a detention warrant to extend the investigation period

Answer 105

Section 117 of LEPRA provides for certain activities to not be included in the six-hour investigation time for a person detained at a police station. If one of the activities listed in section 117 is occurring, (e.g., time taken to wait for an interpreter to attend station) then the time it takes to complete that activity is considered a time out and does not contribute to the six-hour time limitation

Answer 106

When police arrest and convey someone to a police station, they must complete the field arrest report by accessing the Custody Application Icon on the computer desktop or Mobile Data Terminal (MDT).

Answer 107

Section 136 of LEPRA indicates that photographs and fingerprints should not be taken of a child under the age of 14, except where a court order exists. Section 136 also indicates that only a sergeant of police (or above) may apply for a court order to take photographs and fingerprints of a person under the age of 14.

Answer 108

The power to take fingerprints and photographs of a person over the age of 14 to identify a person who is in lawful custody for any offence comes from Section 133 of LEPRA.

Answer 109

Is there anything further you wish to say about the matter Have the answers you have given to my questions been made in your own free will Has any threat, promise or offer of advantage been held out to you to give the answers as recorded in this notebook interview. Will you now read aloud my record of our conversation Is this interview a correct record of our conversation Will you now sign the interview as a correct record of our conversation

Answer 110

the investigating police will create a charge in the WebCOPS system. The system will allocate a charge number (beginning with H - e.g. H123456789). The system then generates all the relevant documents for inclusion in the charge/court folder.

Answer 111

he charge folder is provided to the court for the first court date (called the ‘plea or mention’) in order for the court to have the general information of the matter. The documents contained within the folder include information such as details of the offence, the accused person, proof that the accused was served with a CAN (defendant service copy) and an account of what the police are alleging in terms of how the offence was committed (Facts Sheet).

Answer 112

The charge folder does not include all statements and other pieces of evidence, which are produced in a brief of evidence at a later date if the accused pleads not guilty, or if the court orders for a brief of evidence to be served upon the defence (accused).

Answer 113

covering sheet court Attendance Notice (FCAN, FSCAN or Bail CAN) the CAN contains details of the offence, accused and the court date copies for the prosecutor, informant (OIC), court, and the defendant the information contained in the CAN must comply with the Criminal Procedures Act 1986 (NSW) s 175 defendant service copy facts sheet contains the alleged actions of the accused copies for the prosecutor, informant (OIC), court, and the defendant criminal and/or traffic records of the defendant unavailable dates of all witnesses (including police) any bail papers (if applicable)

Answer 114

A Facts Sheet is one of the documents that a police officer creates in WebCOPS to be included as part of the charge/court folder. It is a very important document as it is: a comprehensive record, of the alleged actions, of the accused, set out in chronological order, which satisfy the elements of the offence for the court.

Answer 115

Remember, Facts Sheets are NOT evidence. Facts Sheets are not subject to the Oath and are not cross-examined or tested.

Answer 116

Antecedents are included in the Facts Sheet to provide the court with information on the accused person to assist in determining bail or penalties upon conviction. Antecedents do not refer to the person’s criminal history, but rather their personal circumstances, especially as they impact on bail. Include any police concerns as to lack of community ties, being a flight risk and/or intimidation of witnesses. Antecedents should include personal details such as marital status, dependents, community ties, employment, earnings, and expenses in dollar value. NEVER INCLUDE THE ACCUSED’S CRIMINAL HISTORY IN THE ANTECEDENTS.

Answer 117

It is important to remember that the Facts Sheet focuses upon the actions of the accused, not the victim or police. first relevant act of the offence chronological account of the acts relevant to the offence what happened to the victim? what did the police do? extra details the Magistrate/Judge may need to assist in sentencing

Answer 118

locations police visited compliance with legislative requirements (Part 15 safeguards, official caution etc). obtaining of statements and any other evidence any search and property located any admissions, relevant to the offence, provided by the accused (in first person) how admissions were recorded information relating to custody and interviews

Answer 119

When a penalty notice is issued, such as a traffic infringement notice or a criminal infringement notice, the accused person may elect to have the matter heard at court, in effect this is a plead of ‘not guilty’. In these instances, the penalty notice is by its design a replacement for a Facts Sheet.

Answer 120

A police statement will provide a truthful, accurate and chronological written account of the police officer’s response, observations and actions in relation to the investigation. The content of the police statement must comply with legislation, policy, and procedure. This will ensure the admissibility of evidence and assist in proving the alleged offence(s) or establishing some elements of the offence(s). Police statements are completed by all officers that have some evidence to provide to the court in relation to the investigation including: The Officer in Charge (OIC) and officer who is Second in Charge (2IC), police who convey suspect to police station, exhibit officers, Scene of Crime Officers (SOCO’s), Custody Manager, etc… Evidence Act s33 ALLOWS FOR POLICE TO READ STATEMENT INTO EVIDENCE MSG - MADE SIGNED GIVEN

Answer 121

Paragraph 1 All Police Statements must start with an Endorsement. This is contained in Paragraph 1 of the statement. Reference: Criminal Procedure Act 1986 (NSW) s 283B(3) Criminal Procedure regulation 2017 (NSW) s 9I Paragraph 2 The second paragraph of your police statement must contain the age of the person making the statement. Write a sentence as 'I am 40 years old'. Reference Criminal Procedure Act 1986 (NSW) s 283B(2) Paragraph 3 In paragraph three, make a record of any material that you may have used to refresh your memory. For example, COPS entries, your official police notebook, CAD, Mobipol, Body Worn Video. Paragraph 4 Outline the duties you were performing at the time. Include the fact you were in a police uniform and wearing body-worn video. Paragraph 5 Outline how you came to attend the job. This may have been dispatched via the Computerised Aided Dispatch (CAD) System during the course of your duties, or from patrolling. Times should be written in 12-hour format e.g., 7:00am, 7:00pm. Dates are written in the following format. e.g., 1 February 2021.

Answer 122

Your police statement should be written in chronological order, meaning the order in which events occurred during the investigation should be recorded, in that same order, within your statement.

Answer 123

Upon completion of your police statement, you will need to sign the statement on the line above your name on the bottom right-hand side of each page. You will need a witness who is another police officer, preferably independent of the investigation, to witness your signing of the statement. The officer who witnesses your signature will need to sign on the line above their name on the bottom left-hand side of each page. Information contained underneath your signature needs to include the following: Full name Rank Station Date statement made The police statement must be signed on the date it was completed. It should never be backdated. The requirement of signatures from the maker of a statement and a witness of their signature is legislated. Reference Local Court Rules 2009 (NSW), Regulation 3.13(2)(d) Criminal Procedure Regulation 2017 (NSW), section 9K

Answer 124

For a police statement to be read out loud in court, the police statement must meet the following criteria: Made at the time or soon after the event Signed when it was made Given to the accused person or their legal representative a reasonable time prior to the hearing If the above requirements are not met, you will not be able to read your police statement out loud in court when giving evidence and will be required to recall the contents of your police statement without referring to it. A good police statement is indicative of a thorough Police investigation.

Answer 125

A brief of evidence is a collection of documents that have been obtained throughout an investigation which provides the evidence that is likely to be adduced during the relevant court hearing. s 183 Brief of evidence to be served on accused person where not guilty plea

Answer 126

A brief of evidence should: Establish to the Court all the elements of the offences charged Negate possible defences that may be raised by the defendant Identify the defendant as the person who committed the offence

Answer 127

Covering sheet (summary or indictable) Contents list (including reference to any outstanding statements, certificates, or items) Summary of evidence form Court Attendance Notice/s Facts sheet As well as the following evidentiary documents: Statements from police and other witnesses including victims Any statement obtained in a notebook should be photocopied and annexed to a typed version of that statement Any interview with a suspect in a notebook should be photocopied and annexed, with a typed version, to the statement of the police officer who conducted the interview. Exhibits and/or photographs ERISP DVD and transcript (the OIC must arrange for the ERISP to be transcribed) CCTV footage and/or Body Worn Video footage Any additional attachments (e.g., warrants or ADVOs) which, taken together, form the basis of the prosecution case Any documents such as criminal and/or traffic records, unavailable dates etc. (These are technically administration documents but sit at the end of the brief of evidence)

Answer 128

Attention to detail Orderly Exhaustive Compliant Administration

CPC 6 Flashcards

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