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Flashcards in INV102 Deck (21)
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1
Q

Can you arrest a suspect for the purpose of interviewing them to gather information..

A

No

2
Q

Under sec. 24 of the BOR Act a person shall be released on reasonable terms and conditions unless there is just cause for detention..

A

A person charged with an offence and processed accordingly.

3
Q

Can police detain a person for questioning without lawful detention or arrest?

A

No

4
Q

Arbitrary detention as explained in R v Goodwin is

A

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

5
Q

Does free recall include a challenge phase

A

No

6
Q

An interviewer can be persistent in questioning if the offenders statement is inconsistent or contradictory

A

True

7
Q

Under sec. 29 of the Evidence Act, oppression is defined as…

A

Threats, degrading treatment or violence to the defendant or any other person.

8
Q

A Judge must exclude a statement if they are satisfied on the balance of probabilities that the circumstances in which the statement was given adversely affected its reliability.

A

True

9
Q

As an exception to the hearsay rule, a statement made by a defendant is admissible against that defendant .

A

True

10
Q

What is the standard proof required for a judge to exclude a statement they believe was made by the defendant improperly?

A

Balance of probabilities.

11
Q

Defined by the Evidence Act a statement is limited to a written or verbal assertion by a person on any matter.

A

False

12
Q

What is the standard proof required for a judge to exclude a statement if they are satisfied it was influenced by oppression

A

Beyond reasonable doubt.

13
Q

Evidence is improperly obtained if it is..

A

Obtained unfairly and unlawfully

14
Q

What considerations will the judge make when deciding whether a statement was improperly obtained?

A

The important of any right breached and the seriousness of the intrusion on it. Also, whether the impropriety was necessary to avoid physical danger to the police or others.

15
Q

Under sec. 103 of the evidence act, when a judge is deciding whether to accept an application for witness to give evidence in an alternative way, they must have regard to

A

Promote the complainants recovery from the alleged offence.

16
Q

Representation refers to the behaviour of the interviewer who…

A

Promises a favour in return for a requested action

17
Q

A statement made by a defendant against a co-defendant is inadmissible.

A

True

18
Q

Informant nominates suspect and suspect agrees to interview to clear name.

A

Should he be given rights when he changed his mind…YES
Can he refuse DVD interview…YES
Should he be cautioned at start of interview…NO

19
Q

Young person

A

14-16

20
Q

A consideration the judge won’t make when offenders rights breached

A

Defendants conduct in instigating the breach

21
Q

Defendants stamens will be in admissible if

A

They are confused with rhetorical questioning
Influence of drugs/alcohol
Promised court outcome