Day 3 Flashcards
Identify three reasons why Hearsay evidence is not admissible?!
- There is a risk that as information moves from person to person it can loose accuracy
- As an officer I may misunderstand what or how something is being said
- inaccuracies may occur in my own retelling of the statement
Under certain circumstances, Hearsay may be admissible. Why?
A statement is admissible if the statement is reliable AND the person is unavailable or if it would cause delay/undue expense to get them to court
When is a person considered “Unavailable as a Witness”
- They’re dead
- Unfit due to age/condition
- Not compellable I.e Judge over proceedings, Juror, defendant against themselves, the sovereign, governed general, head of state etc.
A defendant makes a statement to an officer. The officer wishes to tell the court what the defendant said. This is Hearsay. Why is the officer allowed to give this evidence?
Evidence act (2006) Section 27 Dictates that statements from a defendant can be used against them if the information itself was collected properly.
Definition of opinion evidence
Generally means Observation over fact
Explain expert Opinion vs Non expert opinion
Expert Opinion: can be admissible if the statement is made by a suitably qualified person on the topic at hand
Non Expert Opinion: Evidence that is a persons own personal judgement. Not admissible
What is the definition of Propensity evidence? And why is not generally acceptable
Evidence that shows a persons propensity to act in a particular way or have a particular state of mind
A disposition of wrongdoing on its own is not enough evidence to change someone
Define the position of Coroner
A person appointed to investigate/ensure any deaths that the Coroners act 2006 requires to be reported to him or her.
Identify the certain deaths that must be reported to the Coroner using SCUMBIE
S - Suicide
C - Cause unknown or no doctors certificate acquired
U - Unnatural or violent death
m - Medical or surgical or dental operation of procedure
B - Birth deaths that appear to be a result of pregnancy or giving birth
I - Institutional deaths
E - An enactment requires the holding of an inquiry
When must police report a death to the Coroner’s national initial investigation office
Immediately (Open 24/7)
How are Child and Young Person Defined?
Child - Under the age of 14
Youth- Aged between 14 - 18
State the Meaning of Section 8 of the Oranga Tamariki Act 1989
If an officers makes a decision/action that significantly affects a CYP, they are obliged to inform a parent/guardian as soon as practicable. This should ideally be done orally
State the Meaning of Section 9 of the Oranga Tamariki Act 1989
People have the right to receive information in a language they understand.
What is a spontaneous Statement re. Oranga Tamariki Act 1989
A statement made to police before police have a reasonable opportunity to comply with the requirements of the act.
