INV102 Investigative interviewing Flashcards
What does ‘sufficient evidence to charge’ mean in the Chief Justice’s Practice Note on Police Questioning?
When Police have “sufficient evidence which, objectively considered would support a prima-facie case against the suspect” [R v Goodwin]
Define ‘inculpatory’ and ‘exculpatory’.
Inculpatory = implicates a person in an offence Exculpatory = intended to clear a person from blame
What is the aim of persistent questioning?
To establish further facts from answers already given.
Is it permissible to refuse to accept a suspect’s explanation or denials when they are inconsistent with the evidence?
Yes
How does the Evidence Act define ‘statement’?
a) a spoken or written assertion by a person of any matter, or
b) non-verbal conduct of a person that is intended by that person as an assertion of any matter
What do sections 7-10, S&S Act relate to?
s7 - Entry without warrant to arrest person unlawfully at large
s8 - Entry without warrant to arrest person suspected of having committed offence
s9 - Stopping a vehicle without warrant to arrest a person
s10 - Powers and duties after vehicle stopped under s9
Explain how Judges decide whether to exclude
- unreliable statements
- statements influenced by oppression
- must exclude unless satisfied on the balance of probabilities that the circumstances in which statement was made were not likely to have adversely affected reliability
- must exclude unless satisfied beyond reasonable doubt that statement was not influenced by oppression
List 10 grounds on which a witness may give evidence in an alternative way.
- age or maturity
- physical, intellectual, psychological, psychiactric impairment
- trauma suffered
- fear of intimidation
- linguistic, cultural background or religious beliefs
- nature of the proceeding
- nature of the evidence
- relationship of witness to any party in proceeding
- absence or likely absence from NZ
- any other ground likely to promote purpose of the Evidence Act
In accordance with s215, CYPF Act, when must a CYP be informed of their rights?
Before questioning when there are RGTS they’ve offended OR before asking question intended to obtain admission
What can I do if a CYP refuses to give their name and address?
If the circumstances are such that you have power to arrest the CYP without warrant, you may do so if, by refusing to give their name and address to you, the CYP cannot be served with a summons.
Who should be used as a nominated person for a CYP?
- parent or guardian
- adult member of family/whanau
- other adult over 20yrs
When can I refuse the nominated person?
- if they are likely to attempt to pervert course of justice
- cannot with reasonable diligence be located or be available
What does PEACE stand for in relation to interviewing?
Planning and preparation Engage and explain Account, probe, challenge Closure Evaluation
What do you do if, during the interview, the suspect makes an allegation against Police?
Don’t stop recording. Tell suspect they’ll be referred to someone senior after the interview. Continue with interview and report to supervisor immediately afterwards.
