INV101 Conduct investigation Flashcards

1
Q

Appropriate and accountable decision making is based on an investigator’s knowledge of…(3)

A
  • the legal framework
  • characteristics of crime
  • national policies and procedures
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2
Q

List three factors that may adversely affect the quality of decision making.

A
  • individual bias
  • verification bias
  • availability error
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3
Q

List the four steps of the appreciation technique.

A
  1. Aim or objective
  2. Factors
  3. Courses open
  4. Plan
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4
Q

What is the difference between investigative and evidential evaluation of material gathered during an investigation?

A

In an investigative evaluation ALL AVAILABLE MATERIAL is evaluated. In an evidential evaluation ONLY THE EVIDENTIALLY ADMISSIBLE MATERIAL is taken into account.

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5
Q

What are the two forms of written appreciation?

A

Full appreciation and short appreciation

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6
Q

A written appreciation provides … and shows …

A

a record of decision making … why a certain course of action was taken.

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7
Q

What are the four key words used in the Victims Rights Act to describe the way in which victims should be treated?

A

courtesy, compassion, dignity, privacy

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8
Q

Who can show a victim impact statement to an offender?

A

A prosecutor, lawyer for an offender, the victim concerned or someone acting under the authority of the victim

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9
Q

Victim’s Rights Act 2002, s24(1) states that every person who receives or makes a copy or copies of a victim impact statement during proceedings must return the copy after the end of proceedings. Who does this NOT apply to?

A

the victim, member of court staff, police employee, probation officer, prosecutor, anyone else the judicial officer orders

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10
Q

A victim is…(4)

A
  • person against whom offence is committed
  • another person who suffers physical injury, loss of or damage to property
  • parent or legal guardian of above
  • member of immediate family of a person who as a result of offence dies or is incapable
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11
Q

Define:

  • ‘child’ in Victim’s Rights Act
  • ‘young person’ in Victim’s Rights Act
  • ‘child’ in Evidence Act (relating to witnesses giving evidence)
  • ‘child’ in CYPFS Act
  • ‘young person’ in CYPFS Act
A
  • boy or girl under 14yrs
  • boy or girl over 14 and under 17yrs (ie. 15, 16yr olds)
  • person under 18yrs
  • under 14yrs
  • over 14 and under 17yrs (except married or civil union)
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12
Q

Only victims of s29 offences can go on the VNR (victim notification register). The offence must be:

A
  • sexual or other serious assault
  • one that resulsts in serious injury, death, or persons being incapable, or
  • led to victim having ongoing fears on reasonable grounds for physical safety/security for them or immediate family
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13
Q

Which section of the Evidence Act 2006 gives direction on the grounds on which evidence may be given in an alternative way?

A

s103

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14
Q

According to the practice note on police questioning, a member of police investigating an offence may ask questions of whom?

A

any person from whom it is thought that useful information may be obtained, whether or not that person is a suspect

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15
Q

According to the practice note on police questioning, when must a member of police caution a person before inviting them to answer questions or make a statement?

A

When there is sufficient evidence to charge or when questioning them in custody.

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16
Q

What does TENR stand for?

A

Threat, Exposure, Necessity, Response

17
Q

S7, Search and Surveillance Act enables you to…

A

Enter a place or vehicle without warrant, by force if necessary, to search for and arrest a person if you have RGTS a person is unlawfully at large and RGTB that the person is there.

18
Q

S8, Search and Surveillance enables you to…

A

Enter a place or vehicle without warrant and search for and arrest a person you SUSPECT has committed an offence PUNISHABLE BY IMPRISONMENT, and BELIEVE is there, and BELIEVE that if entry is not affected immediately EITHER OR BOTH of the following MAY occur: person will leave to avoid arrest, evidential material CADD.

19
Q

S9, Search and Surveillance enables you to…

A

Stop a vehicle without warrant to arrest a person you have RGTB is in/on vehicle and you suspect is unlawfully at large OR has committed offence punishable by imprisonment.

20
Q

You’ve stopped a vehicle under s9, Search and Surveillance Act. Which section allows you to search it?

A

s10

21
Q

You’ve arrested a person and have RGTB that evidential material relating to offence is at a place AND if entry delayed then CADD.
Where does your power to enter and search come from?
Who can do it?

A
  • s83, S&S Act

- ONLY arresting officer

22
Q

You’ve arrested a person and have RGTB that evidential material relating to offence is in vehicle. Where does your power to enter and search vehicle come from? Who can exercise this power?

A
  • s84, S&S Act

- ONLY arresting officer

23
Q

What does s131, S&S Act REQUIRE you to do when you exercise power to enter and search a place/vehicle?

A
  • announce intention
  • identify
  • provide evidence of authority
24
Q

What four reasons satisfy s214, CYPF Act?

A

Witness protection
Evidence protection
Ensure appearance before Court
Prevent further offending

25
Q

What are the two steps required by the Solicitor-General’s Prosecution Guidelines to make a determination as to whether to commence prosecution?

A
  • The evidential test

- The public interest test

26
Q

List five factors to consider as part of the ‘public interest test’.

A
  • seriousness of offence
  • likely penalty upon conviction
  • circumstances of defendant
  • likelihood of offence being continued/repeated
  • circumstances of victim
27
Q

What is a good charging decision?

A

When the charges adequately reflect the nature and extent of criminal conduct and provide court with appropriate basis for sentence.

28
Q

What is the key phrase in the ‘evidential test’?

A

reasonable prospect of conviction