Everything Flashcards

1
Q

An unknown informant calls police saying John is outside a local college selling cannabis. On arrival you observe John talking to and exchanging money for tin foil packages with two students. Can you conduct a warrantless search of John for Cannabis?

A

Yes, because you have RGTS an offence against MODA 1975 is being committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The chief justice practice note on police questioning:

A

Directs the conduct of Police interviewing practice as guided by the judiciary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Sandra is 18 years old and has a reputation for being a fighter. Aroha is sitting at the bus stop when Sandra comes up and tells Aroha that she likes the jacket she is wearing. Aroha knows that Sandra was involved in a fight last week so takes off her jacket, gives it to Sandra and then runs away. What offence has been committed?

A

No offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

At 1400 hours you gave Jimmy (aged 15) his rights pursuant to section 215 of the CYP and their Family Act 1989. At 1445 hours he asks you whether he has to answer any question you just asked him. The most appropriate thing to do is:

A

Advise him he may withdraw his consent to make a statement at any time.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Care must be taken in Police interaction with a witness because:

A

A witness’s needs and individual circumstances must be taken into account by an interviewer.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

You are required to take some crime scene photographs as the Police photographer is unavailable. You are aware that the crime scene has been altered and several exhibits moved. You should:

A

Photograph it in its new state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

If your file has been sent back because you have been tasked with completing remedial work before case management discussions, what is the latest time that the file needs to be with the PPS office?

A

Five working days before the case management discussion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

You respond to a call from Comms about people in a car who are reported to have pointed a rifle at passengers in another car. Comms gives you a vehicle description and registration. You locate the car in a public car park. There are three males in the vehicle. You have a power to search the vehicle without warrant because you have:

A

RGTS the passengers have a firearm in the vehicle and RGTS they are committing an offence against the Arms Act 1983.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

You have arrested John for aggravated robbery but would like to obtain further information from him. Which of the following statement is most correct?

A

You can continue to interview him but your questions must not amount to cross-examination.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

You are executing a search warrant on a known drug dealer’s house. At the house you located a vehicle. You have made no reference to the vehicle on the search warrant. Can you search this vehicle?

A

Yes, since the vehicle is within the property named on the warrant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

An appropriate support person for a special consideration adult witness should be present in the room during interview when the interviewer:

A

Decides it is in the interests of the witness.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Constables Jenkins and Tuigamala respond to a P1 home invasion where the victim says the offender has entered and exited through the door into the backyard and absconded over the fence into a neighbouring property. To protect the collection of forensic evidence they cordon the scene and establish a common entry pathway via:

A

The front door through which the constables entered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What must happen before a Judge can require a plea to be entered?

A

Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If no Police Bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?

A

No more than 14 days from the date bail was granted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When taking digital images of a crime scene yourself, you must start an audit trail recording the details of the images in your notebook. What details must be recorded?

A

Date, time and location.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Duty of care requires you to protect the arrested or detained person:

A

From the time you arrest or detain the person until you transfer them into someone else’s custody and your transfer is acknowledged.

16
Q

Which of the following scenarios could be an example of an interview record that has been improperly obtained? When the suspect:

A

Repeatedly asks for a lawyer but the interview continues on without one.

17
Q

What are the Police responsibilities to the victim when a section 29 suspect is released on bail?

A

Police must advise all victims, as soon as practicable, of the outcome and conditions of any bail application.

18
Q

You are considering charging someone with Burglary. Before you do you must satisfy the Test for Prosecution contained in the Solicitor-General’s Prosectuion Guidelines. Which component of the test should you conduct first?

A

The evidential test - if the evidence meets the evidential test we can then consider the public interest.

19
Q

After witnessing an assault you approach and arrest the offender. He refuses to say anything to you. 30 minutes later at the station the offender states that he wishes to speak to you about the incident. When interviewed he tells you why the assault took place. At what point during this incident should this offender have received the Rights/Caution?

A

At the time the offender was arrested for assaulting the other person and prior to any interview when he was in custody.

20
Q

Roger has been charged with Aggravated Burglary, a category 3 offence. He is pleading not guilty and wants to elect a jury trial. When can he make an election?

A

At the same time he enters his not guilty plea.

21
Q

During an interview the suspect alleges another officer has been stopping him unnecessarily and he wants to make a complaint. Should a suspect’s complaint affect the interview progress in any way?

A

Yes, the complaint should be noted on video and the suspect told that they will be referred to a senior officer following this interview

22
Q

When conducting a suspect interview at the police station you are informed that a lawyer has arrived saying she is to act for the suspect and asking to see him. The suspect has given you no indication that he wishes to speak to a lawyer. What action should you take?

A

Tell the suspect the lawyer is at the station to see him and act on the suspect’s wishes

23
Q

Pursuant to Section 19 S&S Act 2012, which of the following statutes authorises the search of persons during the execution of a search warrant?

A

Misuse of Drugs Act 1975.

24
Q

The decontamination zone model is used at a scene of a major crime because:

A

The scene will contain both biological and physical evidence.

25
Q

Under the Crown Law Prosecution Guidelines 2010: When the admissible evidence is sufficient to provide a reasonable prospect of conviction then Police must:

A

Apply the public interest test to determine if a prosecution is required.

26
Q

Joe and Steve break into a vehicle parked up a residential driveway. They rip the GPS system from the dashboard and take a mountain bike from the boot of the vehicle. As they run down the driveway they are confronted by the owner who attempts to stop them getting away. Steve punches the homeowner in the face causing him to fall to the ground and Joe and Steve run away. What is the most appropriate assault offence?

A

Aggravated assault (section 192 Crimes Act 1961)

27
Q

A witness with intellectual, psychological or psychiatric impairment:

A

Is a witness entitled to special consideration from police and others.

28
Q

You are called to an aggravated robbery at a liquor store. As you arrive the offender decamps but you chase and apprehend a 15-year-old youth. Before you have time to question him, he states, “I didn’t mean to shoot the guy”. Which of the following statements best describes the admissibility of the confession?

A

His confession is admissible but he must be cautioned as soon as possible

29
Q

Are pre-trial admissability hearings available before both Judge-alone and jury trials?

A

Yes

30
Q

The meaning of the term ‘arbitrary detention’ as explained in the case R v Goodwin (1993) is:

A

When words or conduct of an officer cause a person to believe that he or she is not free to go.

31
Q

Where you have RGTS that an offence is being committed that is likely to cause injury to any person, you may enter the place or vehicle without a warrant and:

A

Take any action that you have RGTB is necessary

32
Q

The initial action party at the scene of a serious crime must work quickly to:

A

Remove people from the scene to reduce further contamination.

33
Q

Because deleted images can very easily be recovered from digital cameras, the guidelines direct:

A

Digital cameras are assigned to a named position or employee.

34
Q

Which test is described in this statement? It is met if there is sufficient admissible evidence to provide a reasonable prospect of conviction.

A

The Evidential Test

35
Q

When planning an interview with a special consideration witness (vulnerable) witness the investigator should:

A

Consult a supervisor to make decisions about the interview

36
Q

You have a search warrant to enter and search a flat belonging to a woman who you have RGTB has stolen an iPod and other small electronic items. When you arrive the woman and her two flatmates are at the address. You detain them under s118 (Powers of detention incidental to powers to search places and vehicles). Can you search the woman and her flatmates under s119? (Powers of search by person who has power of arrest)

A

Yes, as s119 permits a search of anyone found at the place when you have RGTB the evidential material will be found