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CIK Study > INV102 - Investigative Interviewing > Flashcards

INV102 - Investigative Interviewing Flashcards

1
Q

Bill of Rights Act 1990, Section 22 has regard to?

A

The liberty of the person

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2
Q

An arrest for the purposes of the Bill of Rights Act occurs when there has been?

A
  • An unequivocal statement or action by a law enforcement officer that makes it clear that he or she wishes to detain the individual, and…
  • The officer is acting or purporting to act under legal authority
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3
Q

What is the meaning of Arbitrary?

A

An arrest or detention is arbitrary if it is capricious, unreasoned, without reasonable cause. If it is made without reference to an adequate determining principle or without following proper procedures

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4
Q

Bill of Rights Act 1990, Section 23 has regard to?

A

Rights of persons arrested or detained

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5
Q

BOR1990, S23(1) states…

A

Everyone arrested or detained under any enactment;

  • Shall be informed at the time of the reason for their arrest
  • Shall have the right to instruct or consult a lawyer without delay and to be informed of that right
  • Shall have the right to have the validity of the arrest or detention determined without delay by way of ‘habeus corpus’ and to be released if the arrest or detention is not lawful
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6
Q

BOR1990, S23(2) states…

A

Everyone who is arrested for an offence has the right to be charged promptly or to be released

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7
Q

BOR1990, S23(3) states…

A

Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal

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8
Q

BOR1990, S23(4) states…

A

Everyone who is arrested or detained under any enactment, for any offence or suspected offence shall have the right to refrain from making a statement and to be informed of that right

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9
Q

BOR1990, S23(5) states…

A

Everyone deprived of liberty shall be treated with humanity and with respect to the inherent dignity of the person

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10
Q

Bill of Rights Act 1990, Section 25 has regard to?

A

Rights of persons charged

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11
Q

BOR1990, S24(a-g) states…

A

a) Everyone charged with an offence shall be informed promptly and in detail of the nature and cause of the charge
b) Shall be released on reasonable terms or conditions unless there is just cause for continued detention
c) Shall have the right to consult and instruct a lawyer, and
d) Shall have the right to adequate time and facilities to prepare a defence, and
e) Shall have the right to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more, and
f) Shall have the right to receive legal assistance without cost
g) Shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court

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12
Q

What is the meaning of ‘sufficient evidence to charge’?

A

It is sufficient to charge when Police have sufficient evidence which, objectively considered would support a prima facie case against the suspect

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13
Q

What is the definition of a ‘statement’?

A
  • A spoken or written assertion by a person of any matter, or
  • Non-verbal conductor a person that is intended by that person as an assertion of any matter
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14
Q

What is the definition of an ‘admission’?

A

A statement that is made by a person who is or becomes a party to the proceedings, and is adverse to the persons interests in the outcome of the proceeding

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15
Q

What is the definition of a ‘hearsay statement’?

A

A statement that was made by a person other than a witness, and is offered in evidence at the proceeding to prove the truth of its contents

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16
Q

What is the definition of a ‘leading question’?

A

Means a question that directly or indirectly suggests a particular answer to that question.

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17
Q

What is the definition of a ‘witness’?

A

A person who gives evidence and is able to be cross-examined in a proceeding.

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18
Q

EA2006, S27(1) - Defendants statements offered by prosecution

A

Evidence offered by the prosecution in a criminal proceeding of a statement made by a Defendant is admissible against that Defendant but not against a co-offender.

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19
Q

EA2006, S28(1) - Exclusion of unreliable statements

A

This section applies to a criminal proceeding where the prosecution offers or proposes to offer a statement of a Defendant if the a Defendant raises on an evidential foundation, the issue of reliability of the statement and informs the judge and the prosecution of the grounds of raising the issue, or the judge raises the issue.

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20
Q

EA2006, S28(2) - A judge must exclude the statement unless?

A

Satisfied on the balance of probabilities that the circumstances in which the statement was made were not likely to have adversely affected its reliability.

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21
Q

EA2006, S27 - “Rongonui V R (2010)” states…

A

The Supreme Court recognised that words will amount to a statement if an underlying assertion can be implied from the words spoken.

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22
Q

EA2006, S27 - “Cameron V R (2009)” states…

A

Reliability is concerned with whether what was said is sound.

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23
Q

EA2006, S28(3) - A statement may still be offered by the prosecution if it is only offered to?

A

As evidence of the physical, mental or psychological condition at the time the statement was made or as evidence of whether the statement was made.

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24
Q

EA2006, S28(4) - Without limiting the matters a judge may take into account when applying S28(2) the judge must consider;

A
  • Any pertinent physical, mental or psychological condition at the time the statement was made.
  • Any pertinent characteristics of the above.
  • The nature of any questions put to the Defendant and the manner and circumstances in which they were put
  • The nature of any threat, promise or representation made to the Defendant or any other person.
25
Q

EA2006, S28 - “Roper V R” states…

A

The legislative intent behind S28 is not to protect an accused from the proof statements in which he or she has lied. The fact that an accused lies when questioned about their involvement in offending is evidence that can be taken into account as probation of guilt. S28 is rather designed to protect the accused from the admission of statements obtained in circumstances likely to have adversely affected the statements reliability.

26
Q

EA2006, S29(1) - Exclusion of statements influenced by oppression

A

This section applies to a criminal proceeding in which the prosecution offered or proposes to offer a statement of a Defendant if the Defendant against whom the statement is offered raises, on the basis of an evidential foundation, the issue of whether the statement was influenced by oppression, or if the judge raises the issue.

27
Q

EA2006, S29(2) - The judge must exclude the statement unless?

A

Satisfied beyond reasonable doubt that the statement was not influenced by oppression.

28
Q

EA2006, S29(4) - For the purposes of applying S29(2) a judge must, in each case, take into account any of the following matters

A
  • Any pertinent physical, mental or psychological condition of the Defendant when the statement was made
  • Any pertinent characteristics of the physical, mental or psychological condition of the Defendant when the statement was made
  • The nature of any questions put to the Defendant and the manner and circumstances in which they were put
  • The nature of any threat, promise or representation made to the Defendant or any other person
29
Q

What is the definition of ‘oppression’?

A

Oppressive, violent, inhuman or degrading conduct towards, or treatment of, the Defendant or another person

OR

A threat or conduct of treatment of that kind

30
Q

EA2006, S30(1) - Exclusion of improperly obtained evidence

A

This section applies to a criminal proceeding in which the prosecution offers or proposes to offer evidence if the Defendant against whom the evidence is offered, raises, on the basis of an evidential foundation, the issue of whether the evidence was improperly obtained and informs the prosecution of the grounds for issue, or he judges raises the issue.

31
Q

EA2006, S27(2) - A Defendants statement cannot be offered by the prosecution against the Defendant if?

A

It is excluded under S28, S29 or S30 of the EA2006.

31
Q

EA2006, S30(2) - In deciding whether to exclude improperly obtained evidence the judge must?

A

Find on the balance of probabilities whether or not the evidence was improperly obtained

AND

If the judge finds that the evidence has been improperly obtained, determine whether or not the exclusion of the evidence is proportionate to the impropietry by means of a balancing process that gives appropriate weight to the impropietry but also takes into account of the need for an effective and credible system of justice.

31
Q

EA2006, S30(3) - For the purpose of S30(2), the court may, among any other matters, have regard to the following;

A
  • The importance of any right breached by the impropietry and the seriousness of the intrusion on it
  • The nature of the impropietry, in particular, whether it was deliberate, reckless, or done in bad faith
  • The nature and quality of the improperly obtained evidence
  • The seriousness of the offence with which the Defendant is charged
  • Whether there were any other investigatory techniques not involving any breach of the rights that were known to be available but we’re not used
  • Whether there are alternative remedies to exclusion of the evidence which can adequately provide redress to the Defendant
  • Whether the impropietry was necessary to avoid apprehended physical danger to the Police or others
  • Whether the was any urgency in obtaining the improperly obtained evidence
31
Q

EA2006, S30(5) - For the purposes of this section, evidence is improperly obtained if it is…

A
  • In consequence of a breach of any enactment or rule of law by a person to who, S3 of the NZBOR Act 1990 applies, or
  • In consequence of a statement made by a Defendant that is or would be inadmissible if it were offered as evidence by the prosecution, or
  • Unfairly
32
Q

EA2006, S103 - Directions about giving evidence in alternative ways

A

In any proceeding, the judge may, either on the application of a party or on the judges own initiative, direct that a witness give evidence in chief and be cross-examined in the ordinary way or in an alternative way as provided in S105

33
Q

EA2006, S103(3) - A witness may give their evidence in an alternative way on what grounds?

A
  • The age or maturity of the witness
  • The physical, intellectual, psychological or psychiatric impairment of the witness
  • The trauma suffered by the witness
  • The witnesses fear of intimidation
  • The linguistic or cultural background or religious beliefs of the witness
  • The nature of the proceeding
  • The nature of the evidence that the witness is expected to give
  • The relationship of the witness to any party to the proceeding
  • The absence or likely absence of the witness from New Zealand
  • Any other ground likely to promote the purpose of the act
34
Q

EA2006, S103(4) - In regard to giving directions under s103(1), the judge must have regard to

A
  • The need to ensure the fairness of the proceeding and that there is a fair trial
  • The views of the witness, the need to minimise stress on the witness and the need to promote the recovery of a complainant from the alleged offence
  • Any other factor that is relevant to the just determination of the proceeding
35
Q

EA2006, S27(1)(6) - Can a Defendants response to allegations become a Defendants statement?

A

Yes. When an allegation is put to the Defendant, the Defendants response is admissible against that Defendant as part of their statement

36
Q

EA2006, Section 105 - Alternative ways of giving evidence

A

A judge may direct under S103, that the evidence of a witness is to be given in an alternative way

37
Q

EA2006, S105(1) - A direction may be given so that the witness gives evidence in what ways?

A
  • While in the courtroom but unable to see the Defendant or some other unspecified person
  • From an appropriate place outside the courtroom, either in NZ or elsewhere
  • By a video record made before the hearing of the proceeding
  • Any appropriate practical and technical means may be used to enable the judge, the jury, and any lawyers to see and hear the witness giving evidence, in accordance with any regulations made under S201
  • In a criminal proceeding, the Defendant may see and hear the witness, except where the judge directs otherwise
  • In a proceeding which a witness anonymity order has been made, effect is given to the terms of that order
38
Q

CYPFA1989, S215 - When must a CYP be given their caution?

A
  • Before questioning a CYP whom there are reasonable grounds to suspect of having committed an offence
  • Before asking any CYP any question intended to obtain an admission to an offence
39
Q

CYPFA1989, S217 - What must an enforcement officer do upon arresting a CYP?

A

Explain to that CYP their Bill of Rights

40
Q

CYPFA1989, S218 - How must a CYPs Bill of Rights be explained?

A

In a manner and language that is appropriate to the age and level of understanding of the CYP

41
Q

CYPFA1989, S221 - Admissibility of statements. This section applies to?

A
  • Every CYP questioned by an enforcement officer regarding the commission of an offence
  • Every CYP who has been arrested
  • Every CYP who an enforcement officer has decided to charge
  • Every CYP who has been detained by an officer pursuant to S214
42
Q

CYPFA1989, S221(2) - No statement is admissible unless…

A
  • Before the statement was made or given, the CYP was given their Bill of Rights in a manner and language appropriate to their age and level of understanding
  • Where the child wishes to consult with a barrister or solicitor and any person nominated by that child before making that statement, and consults with those persons, and
  • The CYP gives the statement in the presence of a barrister/solicitor

AND/OR

Any person nominated by them

AND/OR

Where the CYP refuses to nominate someone, any approved nominated person or any other adult

43
Q

CYPFA1989, S222(1) - A CYP may nominate one of the following persons for the purpose of S221

A
  • Parent of guardian of the CYP
  • An adult member of the CYP family
  • Any other adult selected by the CYP
  • If CYP refuses to nominate then any other adult selected by enforcement officer
44
Q

CYPFA1989, S222(2) - Where may an enforcement officer refuse the CYP to consult with a nominated person?

A
  • If permitted, they would attempt, or would be likely to attempt to pervert the course of justice
  • Cannot with reasonable diligence be located, or will not be available within a reasonable time
45
Q

If during interview, the Defendant repeatedly asks for a lawyer but one is not provided, what section under the Evidence Act 2006 may rule this statement inadmissible?

A

EA2006, S30 - Improperly obtained evidence

46
Q

CYPFA1989, S2 - What are the age definitions of children and young persons?

A
  • Children 10-13 years of age

- Young person 14-16 years of age

47
Q

When interviewing a person suspected of committing an offence, a caution should be administered when;

  • A substantial case has been made against the suspect?
  • When you have sufficient evidence to charge?
  • When you have grounds to believe the suspect has committed an offence?
A

When you have sufficient evidence to charge

48
Q

What are probing questions?

A

Probing questions are used to get detail from the suspect or witness

49
Q

When a video tape of an adult witness interview is to be played as their evidence in chief the OC must ensure?

A

The witness has viewed the video and given their signed consent for it to be used

50
Q

What is the definition of a ‘suspect’?

A

A suspect in relation to an offence, means any person whom it is believed has or may have committed that offence, whether or not they have been charged and there is good cause to suspect that person of having committed that offence

51
Q

What are the five stages of the PEACE model?

A
  • Planning and preparation
  • Engage and explain
  • Account, probe and challenge
  • Closure
  • Evaluation
52
Q

If during an interview, the suspect makes an allegation of misconduct what must you do?

A

Continue with the interview, note their complaint and advise you will refer it to a senior Police officer at the conclusion of the interview

53
Q

If during an interview, the suspect exercises their right to silence what should you do?

A

Inform them you will explain the allegations and give them the opportunity to respond. Record any responses made. If the suspect decides to give an explanation, confirm with the, they would like to waive their right to silence

54
Q

A lawyer role is solely to represent their client and to give advice, what are you not to let the lawyer do?

A
  • Answer questions on behalf of their client
  • Put words in the mouth of the suspect
  • Introduce irrelevant matters
  • Give you instructions or interfere with or obstruct the interview
55
Q

If a lawyer arrives at the station, what must you do?

A

Let the suspect know of their presence. If the suspect does not want to see a lawyer, get the suspect to sign a note to that affect and give the note to the lawyer

56
Q

Can you seek to elicit further information from a suspect once they have elected to seek legal representation?

A

No. You must refrain from seeking to elicit further information until all practicable steps have been taken for the suspect to contact a lawyer/solicitor

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