Investigation Flashcards

Question

Explain the main points of subpart 1 of part 2 of the Evidence Act 2006 (hearsay evidence)

Answer 1

States that a witness cannot offer as evidence a statement made by someone else, unless the person who has made the statement is a witness before the court and has already offered the statement that they made as evidence. Case law states that implied assertions are not hearsay evidence (I.e. Producing as evidence unanswered text messages on the defendants cell phone that imply the sale of methamphetamine by the defendant). Hearsay evidence can be admissible if it is not offered to prove the truth of the statement, but rather to offer context to the situation (case law). Other acceptable hearsay evidence is that which is offered with regard to a persons state of mind at the time of the statement, when that person is deceased when the matter goes before the court.

Answer 2

Statements of opinion are generally inadmissible as evidence unless they are feelings described by a witness as a statement of fact, or unless that opinion is necessary to enable communication or understanding of what the witness perceived. However, this does not apply to topics that are deemed to require an "expert" - lay opinions only. Expert opinions are admissible when the court will receive substantial help in understanding the evidence given by both the expert and other witnesses. Experts must conduct themselves according to the rules of the court unless otherwise permitted by the judge.

Answer 3

A defendant's statement is admissible against that defendant, but not a co-defendant. Unreliable statements and statements deemed to be influenced by oppression can be excluded at the judges' discretion depending on the circumstances. Improperly obtained evidence may be excluded by the judge if they determine that its' exclusion is proportionate to the impropriety in obtaining it. Prosecution may not rely on evidence that is offered by other parties (eg the incriminating statement of a co-defendant). Guilt may not be inferred by the defendant exercising their right to remain silent, and only the defendant, their counsel or the judge may comment on this. Evidence of admissions can be offered in civil proceedings by a witness who saw/heard/perceived the admission being made, or if that admission is in a document. The hearsay rule applies unless the third party consents to the evidence being offered.

Answer 4

Evidence obtained in consequence of a breach of any enactment, by a person to whom section 3 of the bill of rights act 1990 applies, in consequence of a defendants' statement which would be inadmissible in court, or unfairly.

Answer 5

A previous statement of a witness that is consistent with that witnesses' evidence is not admissible unless to prove a challenge to the witnesses accuracy, provided the statement is reliable and/or the statement provides the court with information that the witness is unable to recall.

Answer 6

Evidence as to a person's veracity may not be offered unless it is substantially helpful, however, evidence as to the facts in issue contrary to the evidence offered by the witness may be put forward. A defendant may offer evidence regarding their own veracity, after which the prosecution may comment on it, unless special permission is given by the judge. A defendant may offer evidence to the veracity of a co-defendant if they notify the co-defendant in writing - but this may be waived by the judge.

Answer 7

Propensity evidence may be offered when in accordance with the propensity rules. A defendant may offer propensity evidence about themselves, after which other parties may also offer propensity evidence, with the permission of the judge. A defendant may offer propensity evidence with regard to a co-defendant when it is relevant to their own defence and they have the permission of the judge. They must also have notified the co-defendant in writing of their proposal to offer that evidence, including the content of the evidence and be given in sufficient time for the co-defendant to have a fair opportunity to respond. The prosecution may offer propensity evidence about a defendant if that evidence has probative value without unfairly prejudicing the defendant, with the permission of the judge.

Answer 8

No question may be put to a witness regarding their sexual experiences with any person other than the defendant, unless the defendant is party to a sexual offence committed by that other person, or if exclusion of evidence obtained as a result of these questions would be contrary to the interests of justice, with the judges permission. No evidence may be given in sexual cases that relates to the reputation of the complainant.

Answer 9

- If formal procedure is followed, that evidence of the defendant's identification is admissible. - If formal procedure is not followed, the evidence is inadmissible unless prosecution can prove beyond reasonable doubt that the ID is reliable. - Voice ID unreliable unless proved as reliable by prosecutions. - the Court must bear in mind mistakeness on the part of the witness if the defendant disputes ID evidence.

Answer 10

- Observed as soon as practicable. - Compared to no less than 7 others similar. - No indication given. - Identifier informed offender may not be there. - Subject to written record by officer that procedure is true and complete. - Subject to pictorial record of what the witness looked at is certified is true and complete by conducting officer. - complies with any further regulations under s201.

Answer 11

- Refusal on the part of the person to be ID'd. - Singular appearance of person to be ID'd. - Substantial change in appearance. - No anticipation of ID issues at trial. - ID reported soon after offence reported. - ID made to officer after chance meeting.

Answer 12

- When the defendant in a civil proceeding has been convicted of a relevant offence, proof of that conviction is proof that the person committed the offence unless there are exceptional circumstances. - In a proceeding for defamation that is based on a statement to the effect that a person has committed an offence, proof that the person has been convicted is proof that the person committed the offence if the conviction exists at the time the statement was made/proceeding was in progress. - When the defendant in a criminal proceeding has been convicted of a relevant offence, proof of that conviction is proof that the person committed the offence and is admissible unless excluded by another provision of the Act. - Evidence of a judgement in a civil proceeding is not admissible in a criminal proceeding or another civil proceeding.

Answer 13

- A judge may order evidence not to be given if privileged, confidential or relating to matters of State. - A person who has a privilege conferred in respect of a communication or information has the right to refuse to disclose it in a proceeding. - Communication with legal advisers is privileged. - Communication with ministers of religion is privileged. - Communications with mediators of settlement negotiations is privileged. - Preparatory materials for proceedings is privileged. - Information obtained by medical practitioners and criminal psychologists is privileged unless required by order of judge/other lawful authority. - Information that is self-incriminating is privileged.

Answer 14

The use to which it is put. For example, a CCTV recording can be used as information to ID: time, location, circumstances, numbers; intelligence if it is analysed together with other material to ID trends; and evidence if it is used in Court.

Answer 15

It might be valuable to other investigative activities such as generating lines of enquiry, which may then in turn produce other relevant, reliable and admissible material.

Answer 16

1: Understand the Source of Material 2: Plan and Prepare 3: Examine all Material 4: Record and Collate 5: Evaluate

Answer 17

Because having knowledge and understanding of the origin of the material collected is essential to be able to effectively examine it and to explain its characteristics and relevance to others.

Answer 18

Because it covers the collection of material, which is crucial to the case. It is essential that material is gathered ASAP, and that it is gathered in the best way possible to maximize it's quality and quantity. A plan needs to examine sources of material (re-interview, NIA, agencies, scene exam etc) and should identify: how it's collection will be maximised; policy/procedure will be addressed; specialist expertise utilized; and that the collection is carried out in the most appropriate location.

Answer 19

Material must be examined to ensure that immediate action is taken to make sure it is of good quality and preserved, it is reliable, relevant records are made and it is appropriately stored. There are three areas of examination: Interpret, clarify and challenge.

Answer 20

Because when an investigator interprets material, they draw inferences or logical conclusions about the use of that material in the investigation. Additionally, the more material is gathered, the easier it is to draw inferences about how useful it will be. Interpretations should be straightforward enough that you can explain them to others and be open to considering other opinions. An example of interpretation would be that the offender in a burglary entered through a window, because it had been forced from the outside.

Answer 21

It is important to clarify because any inconsistencies or ambiguities in the material will be identified and explained. Clarification may involve testing the material against other material already gathered, or identifying how further material can be gathered that will clarify it. An example of clarification would be if the time on the CCTV recording of an offence does not match that given by a witness, so the clock on the CCTV system is tested for accuracy. This then either confirms or casts doubt on the witnesses reliability.

Answer 22

The nature of material can be rather dynamic in terms of it's reliability and the version of events that it appears to support - this is why it continually needs to be challenged, and treated as potentially wrong or misleading in order to show inconsistencies. The ABC acronym sums this up: Assume nothing Believe nothing Challenge everything. Prima facie assumptions should never be made, material should never be accepted without question and the search for corroboration is essential.

Answer 23

Because decisions need to be made about records, storage, security, access and disclosure conditions following the examination of material - details in "Investigation" in the online Police Manual.

Answer 24

- Maximum amount of material is gathered - Reliability is tested ASAP - Immediate action is taken in relation to it - Relevant records are made - Material is appropriately stored - Logical deductions are made

Answer 25

To provide a step back to take a purposeful and critically reflective view of the investigation. The three types are Investigative Evaluation, Evidential Evaluation and Self/Peer Evaluation - these types may be carried out more than once during an investigation (same method).

Answer 26

- What is known - What is not known - Consistencies - Conflicts

Answer 27

- The overall strength of the case | - Whether sufficient evidence exists against the offender to proceed to charge

Answer 28

- Review of assumptions and decision making - Records organisation and management information - Information communication and dissemination - Lessons learnt - Also a critical component of the practice of professionals.

Answer 29

During an investigative evaluation, all available material is evaluated, even though it may not be evidentially admissible. During an evidential evaluation, the strength of the case is evaluated taking into account only the evidentially admissible material.

Answer 30

Objectives ---> Material (Relevance, Reliability, Admissibility) ---> 5WH + H (Knowledge) ---> Outcome ---> Lines of Enquiry ---> Objectives

Answer 31

In the early stages of an investigation, greater emphasis should be placed on investigative evaluation to provide information and impetus to the investigation. At later stages (esp. Suspect management), the emphasis will shift towards ensuring that the case is evidentially robust for prosecution.

Answer 32

Recording, even when it is not possible to identify further investigative action or when all existing lines of enquiry have been exhausted.

Answer 33

``` 1 - Set a purposeful objective 2 - Filter the material 3 - Organise knowledge 4 - Test interpretation 5 - Consider hypotheses ```

Answer 34

The material collected should be reviewed to determine what questions/problems can be identified.

Answer 35

For an investigative or evidential evaluation, the material should be examined through the filters of relevance, reliability and admissibility.

Answer 36

Whether or not the material has any bearing on the investigation, persons being investigated or on the surrounding circumstances of the case - it is relevant unless it is incapable of having an impact on the case, so a wide view should be taken and as much material as possible evaluated. Material should only be excluded as irrelevant after careful consideration and/or consultation with others.

Answer 37

The reliability of the material may have already been established at the collection stage, but it is prudent that this reliability is reviewed throughout evaluation to ensure problems have not been overlooked. It also provides the opportunity to revisit decision making around other factors such as witness reliability and previous offending, and ensures independent corroboration of the evidential material.

Answer 38

This filter helps ensure that the maximum amount of material will be available to the Court. This may require consultation with others, forethought and planning to maximise the material that will be accepted as evidence.

Answer 39

Material that can be corroborated by an independent source of material will have high reliablility. Material that can only be corroborated by a non-independent witness

Answer 40

Organizing the material collected in such a way that gaps from which potential lines of enquiry may be identified, and optimum information can be extracted. 5WH+H formula and a gap analysis matrix is a useful way to do this, as it can also identify conflicts, inconsistencies and pre-empt problems, as well as formulate new questions and leads for enquiry.

Answer 41

There are a number of forms of review for decision making. These are: self, peer, expert and formal. For serious/major crime, early consultation with a Crown prosecutor should also be considered.

Answer 42

Deliberate creative thinking that builds a scenario to best explain the available material, used in occasions where the material available does not identify the action that may be taken to further the investigation. They should be specific and based on the gap or conflict in evidence, be a reasonable interpretation and offer the most logical explanation of the facts as they are known.

Answer 43

To identify additional material or intelligence that would locate the "missing link" in the case. Refer burglary fingerprint hit/no laptop found example in notes.

Answer 44

Treat the victim with courtesy and compassion and respect the victim's dignity and privacy.

Answer 45

Access to those services.

Answer 46

If a victim requests to meet with an offender to resolve issues related to the offence, court staff/police/probations must request that this is arranged by an appropriate person.

Answer 47

If a victim requests to meet with an offender to resolve issues related to the offence, court staff/police/probations must request that this is arranged by an appropriate person.

Answer 48

That of programmes, remedies or services available to the victim through the agency (be it NZP, ACC, Corrections, etc)

Answer 49

Progress of investigation, charges laid or reasons why not and any changes, the victim's role as a witness, any court orders prohibiting identification, dates and places of events, outcome of prosecution.

Answer 50

If there is a good reason for withholding the information under the Official Information Act, eg where it may prejudice the right to a fair trial. Does not affect other enactments that prohibit the making available of information.

Answer 51

The victim's support person if the victim cannot receive it, is not capable alone of understanding it, or has in writing nominated the support person to receive it and they have given their current address.

Answer 52

No person may interfere with the privacy of a victim contrary to the Privacy Act - this is not limited by Section 7.

Answer 53

That they may only be given in evidence or the information provided to the court with the leave of the judicial officer, who in turn will only grant leave if the information is directly relevant and it's evidential value outweighs any prejudice to the victim's interests or harm to the victim - but this does not apply if it is necessary in order to fully and fairly inform the Defendant of the nature of the charge.

Answer 54

For the victim to tell the court and the offender about the effects of the offending and so they can understand the victims views. The VIS must detail any harm of any type suffered by the victim, and any loss of or damage to property - as well as any other relevant effects.

Answer 55

18 - They must be told the information is for a VIS, and is true, recorded and verified. 19 - must be written or recorded in another way (eg audiotape), and verification may be done by the victim or another person on behalf of the prosecutor.

Answer 56

A person who was disadvantaged by an offence, from whom information on the effects of the offence has been ascertained, or another person who is not the victim, person accused of the offence or the offender.

Answer 57

VIS may be used for sentence indication when prepared and requested by the court, and also to the judicial officer sentencing the offender in the form which it was recorded.

Answer 58

A victim may request to the judicial officer to have part or all of a VIS read to the court (or presented in another manner) by the victim, the prosecutor or a person nominated by the victim who is not the accused or offender for that or a related offence. The judicial officer must agree unless it is inappropriate because of the number of requests made, the age/maturity of the offender, the content of the VIS being inconsistent with their purpose, or concern about disruption to the proceedings. The weight given to the VIS by the judicial officer is relevant to whether or not it is verified and the date of this verification or any other matters.

Answer 59

They must be returned to a member of court staff.

Answer 60

To protect the physical safety or security of the victim concerned.

Answer 61

Conditions that relate to disclosure/distribution, that may be necessary for safety/welfare/privacy, around copying, who the statement may be given to, publishing of the statement, or any other directions that may be necessary and/or appropriate in the circumstances.

Answer 62

The prosecutor must make all reasonable efforts to ascertain these views, and inform the court of them.

Answer 63

A person against whom an offence is commited. A person who suffers physical injury, loss or damage to property as the result of an offence committed by another. A parent or legal guardian of the above. A member of the immediate family of a person who dies or is rendered incapable as a result of an offence committed by another.

Answer 64

Person who suffers emotional harm as a result of an offence committed by another. Parent or legal guardian of a child as above (unless they are the offender). A person who has experienced domestic violence. Child or young person living with someone who has experienced domestic violence.

Answer 65

Spouse/civil union/de facto partner A person who the victim nominates in writing (not the offender) Parent/close relative/legal guardian Social Worker, if child/young person victim is in the care of CYFS Welfare guardian/property manager under Protection of Personal Property Rights Act Attorney appointed by the victim under a power of attorney.

Answer 66

"Frozen flight" and "Fight or Flight"

Answer 67

Similar to shock - numbness, inactivity, fainting, nausea/vomiting, staring into space etc

Answer 68

Hysteria, agitation, hand wringing, screaming/crying, hyperactivity, etc.

Answer 69

Anger, fear, frustration, confusion, guilt/self blame, grief/sorrow.

Answer 70

Encourage victims to express their feelings and that those feelings are normal and natural. Be careful not to appear threatening, listen while they tell their stories, be non-judgmental and have a warm and caring manner. Empower victims by letting them make their own choices.

Answer 71

Encourage victims to express their feelings and that those feelings are normal and natural. Be careful not to appear threatening, listen while they tell their stories, be non-judgmental and have a warm and caring manner. Empower victims by letting them make their own choices.

Answer 72

One of the Policing Excellence work streams and part of the Prevention First operating strategy. The aim is to reduce repeat victimisation by making victims the primary focus of the Police response. This involves a victim history scorecard, the graduated response model, an emphasis on victim contact and a process for an inter-agency response for high-risk victims.

Answer 73

Calculated score in NIA based on number and seriousness of offences, offender recidivism and repeat crime types. Degrades over 12 months from the time of occurrence until it reaches 0, however complete victimisation history is retained for 5 years.

Answer 74

Calculated score in NIA based on number and seriousness of offences, offender recidivism and repeat crime types. Degrades over 12 months from the time of occurrence until it reaches 0, however complete victimisation history is retained for 5 years.

Answer 75

Bronze/Silver/Gold practice standards for Police to determine appropriate responses with victims, but is overridden by emergency operational response (then GRM is a follow-up).

Answer 76

They must be recorded in NIA and should happen at each stage in the case management cycle. For longer term interventions a VIP must be created, which will trigger an inter agency response.

Answer 77

1 - Find out if a victim has been a victim before. 2 - Apply GRM, giving prevention advice. 3 - Capture accurate details. 4 - Enter into NIA. 5 - Follow case management principles. 6 - Comply with VRA. 7 - Use tasking process to assign prevention tasks. 8 - Create/manage case plans for victims.

Answer 78

The process set up by agencies to notify registered victims of serious offences who wish to be notified about the status of the Defendant, but it is only for victims of s29 VRA offences. Victims must be informed of their right to be notified by the O/C file ASAP, and the POL 1065 notice should be given. Either the victim can be given the corresponding notices regarding the offender, or these can be received by a representative of the victim.

Answer 79

Whether or not the victim is on the notification register, police must make all reasonable efforts to obtain the victims views on bail are obtained, the court is informed of these views and the victim is advised of the outcome of any bail hearing.

Answer 80

Whether or not the victim is on the notification register, police must make all reasonable efforts to obtain the victims views on bail are obtained, the court is informed of these views and the victim is advised of the outcome of any bail hearing.

Answer 81

Ensure safety. Determine medical needs, and establish if an offence has been committed. Establish who is a victim and ascertain their needs before providing relevant advice and explaining what Police are doing. Provide support, and follow guidelines set for sexual assaults and child victims. Offer assurance of protection and if you are present at their address advise how to make repairs/insurance claims and crime prevention advice.

Answer 82

Keep suspect and victim separate. Keep people away who are unnecessary. Use approved translation services. Ascertain whether s29 offence has been committed. Take a VIS. Establish victim's needs and provide relevant advice. Arrange VS. Give contact details. Be honest when advising if there are no further lines of enquiry. Advise regarding the possibility of reparation.

Answer 83

Lengthy delays by examiners/photographers should be avoided. Items should be handled carefully, newspaper should be placed down and any mess cleaned up. Bodies should be screened and removed ASAP or as per the instructions of the OC case.

Answer 84

Victim contact node must be updated. OC must inform about progress of investigation and victims role as a witness. CSV1 needs to be completed as well as a POL1065 if it is a s29 VRA offence. Victim must be advised of court proceedings.

Answer 85

The victim should be advised as to whether Police will be making an active enquiry into the matter, the reason for this and how any enquiries will be carried out, as well as if a suspect is located but police decide not to arrest or otherwise prosecute.

Answer 86

Interview the victim face to face with sufficient time to put them at ease. Explain they are not legally required to give any information, and that the statement's purpose is for sentencing. Explain that the defence, offender and the judge will see the statement (usually), and inform the victim about orders, directions and conditions that may be imposed regarding disclosure/distribution of the statement.

Answer 87

Should be obtained before the offenders first court appearance. Explain again the initial interview guidelines, and follow the prompts listed on the VIS. Obtain supporting evidence and ask the victim to check the statement and endorse it after checking it yourself. It will need to be updated before each of the key stages in the court process.

Answer 88

The court can make an order prohibiting the publication of the victim's details if it would be likely to cause undue hardship to the victim/witness/connected person, create a risk of prejudice to a fair trial, endanger the safety of any person, lead to the ID of another person who's name is suppressed, or prejudice the maintenance of law.

Answer 89

No question may be put to the victim or any other witness about the victim's occupation, and no statement may be made in court by any person involved in the proceeding about the victim's occupation, unless the judge grants permission. Under 18's in sexual cases are automatically suppressed, however victims may apply to the court for an order permitting the publication of their details and those of the offender.

Answer 90

Witnesses under 18 are automatically suppressed, with the exception of the names of child victims who have died as a result of the offence. These witnesses/victims may apply to the court for their details to be published once they reach the age of 18 and the court is satisfied they understand the nature and effect of their decision.

Answer 91

It can forbid the publication of any report made or account of the whole or any part of the evidence put before or submissions made to the court, as well as clear the court.

Answer 92

Make all reasonable efforts to ensure any views the victim has on the application are ascertained and must inform the court of those views.

Answer 93

Yes, unless refusing to allow a person to provide support is in the interests of justice, and they may also regulate the conduct of either the support person or the person receiving support.

Answer 94

In the courtroom but unable to be seen by the defendant, from outside the courtroom in New Zealand or elsewhere, or by video record made before the hearing, on possible grounds of age, psychiatric impairment and fear of intimidation. Child complainants must have an application made to the court for directions about the way in which the complainant is to give evidence.

Answer 95

The OC case reports to the prosecutor about the grounds for the application. Prosecutors then ask the victim for their views, and complete the application - the judge then decides on the way in which evidence is to be given. The forms used for this differ depending on whether the complainant is an adult or a child. Before hearing any applications, the judge must give each party an opportunity to be heard, and may call for a report on the effect of the complainant giving evidence in the regular or any alternative way.

Answer 96

Any victim's property or that of another person (other than the offender) held as evidence must be returned to the person as soon as practicable after it is no longer needed.

Answer 97

The prosecutor's.

Answer 98

An account managed by the Ministry of Justice, which manages the account and applications made by victims for claims, which can be done if the offender has received a compensation payout, and they have been a victim of the offender in the last 6 years.

Answer 99

A person who advises the victim on their rights, support and how the court system works. They are arranged by completing a CSV1. Does not apply to the family/coroner's court.

Answer 100

Ministry of Justice website for people affected by crime, victims of crime information line and MoJ publications.

Answer 101

Emotional and practical support, information about criminal proceedings, financial assistance to victims of serious crime, liaison with other agencies and organisations. They have a memorandum of understanding with Police.

Answer 102

They must refer all victims who need support regardless of the nature of the incident or offence type - esp if the incident is serious, the victim is likely to be significantly affected, or the victim is likely to be involved with the justice system for an extended period - Except when the incident is an attempted (unsuccessful suicide). These referrals must be made at the earliest possible opportunity and that appropriate information is provided to VS. For family or sexual violence, the referral must be to a specialist agency (as well).

Answer 103

A government scheme that provides victims of serious crime with financial help to cover some of the expenses to attend court, trauma counselling for families of homicide victims, help with emergency needs and assistance to meet costs associated with a serious crime scene?

Answer 104

The single point of contact for all requests for VS. Based at PNHQ. Can be used to make both urgent and non-urgent referrals. Can also be contacted by email if phone service fails.

Answer 105

Someone who has information about an offence/offender. Can be an eyewitness, someone who was present at the event or someone who can only provide peripheral information. Includes the victim.

Answer 106

No - treat every witness as an individual and interview accordingly and within ethics, especially when interviewing victims.

Answer 107

They should be separated and spoken to individually as early as possible to avoid memory contamination, and ask them not to discuss the incident amongst themselves if interviewing is delayed.

Answer 108

1 - Interviewing is at the heart of investigation. 2 - The aim of an interview is to discover the truth. 3 - Information must be complete, accurate and reliable. 4 - Keep an open mind. 5 - Act fairly. 6 - Questioning can be persistent. 7 - Some witnesses require special consideration. 8 - Suspects must be interviewed in accordance with the law. 9 - Special care must be taken to identify subjects requiring special consideration. 10 - Be sensitive to cultural background and religious beliefs.

Answer 109

Planning and preparation, Engage and explain, Account, Closure, Evaluation.

Answer 110

Free Recall (cooperative interviewees), Conversation Management (reluctant interviewees), Enhanced Cognitive Interviewing (cooperative interviewees needing to have high quality information recalled).

Answer 111

Interview aims and objectives, investigatively important topics, witness profile, legal requirements, interview structure, contingencies for interviewee reaction, practical arrangements, whether the witness requires special consideration and what action to take in relation to this, a written interview plan.

Answer 112

Preparing the witness for the interview by way of engaging them, explaining the interview procedures and explain your expectations about each other's roles.

Answer 113

Identifying a suitable interview model (although you can change within interview), covering ADVOKATES to describe people of interest, taking notes (notebook statement if absolutely necessary), jobsheets (for details other than actual interview), written statements. Record statements from anyone who can provide investigatively important information.

Answer 114

Set the scene and initiate free report, identify and expand witness topics, identify and expand investigatively important topics, summarise.

Answer 115

Keep questions short and simple, ask questions in a manner the person understands, move to more specific closed questions when more detail is required, avoid topic hopping, avoid interrupting, avoid repeating questions, avoid developmentally inappropriate questions, only use leading questions as a last resort, avoid yes/no questions, if a support person is present check with them the wording or phrases they may find difficult.

Answer 116

Witness must read the statement or have it read to them (note in NB if they can't read), declaration at the end of the statement must be present, statement must be endorsed by inititalling and numbering the bottom of each page before adding "statement taken and signature witnessed by" then sign, QID and finish time.

Answer 117

Review information and consider it's impact, evidence, descriptions and the urgency of further enquiries, ask if any further questions, thanking witness, advise if they recall further info then make a written note and contact, prepare for future events, provide with contact details, return to building rapport, ending in positive manner, consider follow up action and evaluate.

Answer 118

Treat the witness with dignity and respect, keen an open mind, be patient, empathise with their position, be non judgmental.

Answer 119

1 - Spend time building rapport and provide an outline of the offences and the importance of information relating to them. 2 - Ask them why they don't want to be interviewed and try to address their concerns. 3 - If they then agree, proceed as any other witness. 4 - If the witness still refuses but will talk to you informally, obtain as much detail as possible. 5 - If the witness still refuses to talk to you, avoid over persistence. 6 - Close the interview as usual and provide contact details. Record info given and reasons for refusal.

Answer 120

Free report, identify and expand witness topics, identify investigatively important topics, note inconsistencies and deal with them at closure.

Answer 121

Be patient, consider re-explaining the ground rules, keep using open questions but use parameters and redirect the witness if they go off topic, do not assume the witness remembers everything.

Answer 122

When additional measures need to be taken at interview to maximise the information obtained due to personal characteristics (age, maturity, physical or mental condition, cultural/religious background), or due to the circumstances of the offending (nature, fear of intimidation, investigative importance, relationship to any party involved).

Answer 123

Age/maturity, impairment of the witness, trauma suffered, fear of intimidation, linguistic/cultural/religious background, nature of proceeding, nature of evidence expected, relationship of witness to other parties in proceeding, absence from New Zealand or any other relevant grounds.

Answer 124

1 - Decide if you will conduct the interview. 2 - If you will, follow initial actions for interviewers. If a specialist interviewer is required, follow initial actions before starting. 3 - Gain a brief outline of events. 4 - Accurately record all discussions (incl. witness details) 5 - Inform a supervisor

Answer 125

Decide what additional interviewing procedures are necessary. Do background checks with regard to full communication. Consider delaying the interview. Decide what interviewing procedures to adopt, including interview model.

Answer 126

Witnesses who: - Are intoxicated - Suffer from an impairment - Suffered trauma - Fear intimidation - Different linguistic/cultural backgrounds - Family violence victims - Children/Young people - Investigatively important

Answer 127

Reduce witness anxiety, ensure witnesses well-being and understanding of interview procedures, aiding the understanding of witnesses needs, providing support to the witness leading up to court proceedings - in turn these help you develop a working relationship with the witness and help to gain a complete, accurate and reliable account.

Answer 128

Firstly ask the witness for their preference, with consideration to their characteristics and whether having that support person present will benefit the witness/investigation. Always consider using a support person when the witness is: - under 18 - suffers from impairment - is traumatised - is a victim of sexual assault - fears intimidation - comes from a cultural/religious background that presents barriers to their communication/understanding - is victim/witness of a serious offence - is closely related to the suspect

Answer 129

Over 18 years Not a suspect or a witness in the matter (witness if absolutely necessary, and must not take part in the interview) Not likely to pervert the course of justice Is available within a reasonable period Usually should be someone of the witnesses choice, however when appropriate Police may choose.

Answer 130

Provide support, ensure understanding, not prompt the witness, be present while interview process is explained, allow time to be spent with witness before interview, answer any questions support person has, speak with them alone about witnesses needs if it is a specialist support person, ask witness what role they want support person to take.

Answer 131

Inform them they are not to answer questions on the behalf of the witness, or arrange for them to monitor interview from another room or wait in another room until interview completion.

Answer 132

Ensure support person is present. Let them know of any counselling referrals and possible investigation outcomes. Include details of support person in statement. Keep updated.

Answer 133

If the interviewer considers that it is in the interests of the witness and the person is an appropriate person to support the witness.

Answer 134

Consider if communication is possible, if their recall is impaired, the practicality and impact of delay, the seriousness of the offence, if they understand the nature of and reason for the interview. Continually reassess as to whether now is the most appropriate time to conduct the interview, and when addressing investigatively important topics ask the witness what they have consumed, quantity and over what period of time, their level of intoxication at interview and at the time of the offence, and explain how they were affected. It may also be useful to ask about the levels of intoxication of others who are also witnesses. Contact witnesses again when sober to ask if they have remembered anything else.

Answer 135

Support the witness and make sure they understand what is happening. Consider the witnesses behaviour/characteristics when identifying if they are impaired, including their own views about impairment. Consider if their recall is affected by their particular impairment, and err on the side of caution.

Answer 136

Behavioural: Unable to remember age/dob/address, appears overexcited or exuberant, has difficulty communicating, responds inappropriately or inconsistently. Physical: Unusual eye appearance, fail to search visually for people, reluctant to move in an unfamiliar environment. Social Circumstances: Live in a residential home or with a carer, takes certain prescription medicines.

Answer 137

Take extra time and care. Establish nature of impairment and measures needed to assist the obtaining of information. Consider if specialist interviewer is required. Ascertain if the witness is in contact with a professional who may assist them. Consider psychiatric/psychological assessment. Consider and seek advice about the best way to communicate with the witness - decide if aids are required. Decide what is needed to manage access and personal care requirements. Decide the best time and location for interview, including effects of medication, when they are most alert and access to the location. Consider breaks/several shorter interviews. Establish if witness needs carer/support person present.

Answer 138

Remember that they may need time to get to know you - establish rapport. Act as normal as possible. Be reassuring rather than patronising. Let witness determine personal space. Explain ground rules VERY clearly.

Answer 139

Use the free recall model, but be aware a witness with an impairment will tend to provide less information. Let the witness set the pace. Allow witness to use their own words. Be careful to use correct questioning techniques - avoid yes/no questions. Consider factors that may affect the witnesses ability to recall information. Use breaks.

Answer 140

``` They may require: An interpreter/intermediary/communication aids. Computer or electronic equipment. Short interviews Extended rapport building ```

Answer 141

They may require: An individually tailored response Awareness of their independence levels Discussion with a carer to determine best approach.

Answer 142

They may be: Frightened of emotion, shouting or close contact. Fearful of unfamiliar stimuli. Uncomfortable with direct eye contact. Comforted by the interviewer being calm, controlled and nonexpressive.

Answer 143

They may be: Upset if questioned by unknown people. Affected by noise (esp. if they have a hearing loss - similar sounding words may confuse them)

Answer 144

They may suffer from dementia or another cognitive impairment.

Answer 145

The procedures for impaired witnesses need to be followed, and the interviewer needs to be aware of: Any care the witness is under. If the witness requires assessment. Any substance abuse the witness suffers from. If they are on medication and the timing of it. They may be vulnerable to stress. They may be confused, or suffer from memory loss/impaired reasoning. They may be suspicious or aggressive. They may want to please the interviewer and be susceptible to suggestion.

Answer 146

They may give unreliable evidence through delusional memories that are real to them, while also giving reliable information. Challenging their abnormal ideas may cause extreme reactions/distress.

Answer 147

Have phobias/panic attacks or fear of authority, exposure or retribution. Wish to please/tell you what you want to hear.

Answer 148

They may give evidence coloured by feelings of guilt, helplessness or hopelessness.

Answer 149

Anti-social or borderline personality disorder traits may display a range of behaviour including deliberately giving false information.

Answer 150

A person under the age of 18.

Answer 151

Age/maturity, cognitive/linguistic abilities, family members/carers and the nature of these relationships, potential support persons, routines, current or previous contact with public services, recent significant stress, current environment (safety), whether they understand the significance of the interview. Also consider whether should be conducted on video and whether a specialist needs to be engaged. Advise school authorities if you are conducting an interview there.

Answer 152

Ask witness to nominate and then arrange support person. If practicable contact caregiver if they are not the nominated support person, and inform that they are with you and are to be interviewed as a witness. Ask them not to question or discuss incident, rather listen and take notes about anything the witness may bring up. Brief support person and explain ground rules.

Answer 153

Use free recall model. Remind witness of ground rules. Take extra care to follow correct questioning techniques. Repeat until all topics expanded and investigatively important topics covered. Avoid yes/no. Include support person's details and relationship to witness, and invite them to witness/endorse at the end.

Answer 154

Tell the witness and caregiver that if they recall further information then to note it down and contact you ASAP. Advise carer not to question witness - but if they volunteer information to note it and contact you.

Answer 155

Do not rely on cues from child's behaviour as guides to the truthfulness (or lack thereof) of their statements - conduct evaluation in usual manner.

Answer 156

Encourage the child/young person to nominate appropriate adult or family member - they may have information about their background and cognitive development. Note that child/young person may behave differently around a family member and not necessarily provide all the information they know - if this concerns you then it may be appropriate to enlist another support person. However, only decline a nominated support person if they are inappropriate, eg are also a witness or may pervert the course of justice.

Answer 157

Children of any age can be interviewed, however their welfare should always be taken into account when deciding to interview or call as a witness. They tend to recall less information than adults but are just as accurate, and are no more prone to telling lies. They are, however, suceptible to suggestion and leading questions should be stringently avoided.

Answer 158

Remember that people respond to stress in different ways, and it can interfere with the process of remembering. Planning issues are when it is the best time to conduct an interview, and whether to have a support person present. There is no set rule as to when to interview a traumatised witness - ask the witness when it is the best time for them.

Answer 159

They may behave differently/have different needs at interview. Be sensitive to their needs and if necessary seek advice from someone of the same culture or an expert in that area, an interpreter or person known to the witness. Interpreters should be used when necessary - this includes the hearing impaired.

Answer 160

Establish need for and arrange interpreter, provide them with reason for interview and ascertain if they are an appropriate person to assist - must be literate in the language of the witness and impartial/independent. If they know the parties then they must only be used in exceptional circumstances - record your rationale. Reschedule if delay will be unreasonable. Record interpreter qualifications. Visually record the interview for serious incidents - gives accurate record of interpretation/translation. Upon arrival allow interpreter to brief both parties on professional role and conduct, explain role to interpreter and that their interpretation should be first person and as direct as possible. Answer interpreter questions about process. Consider seeking advice from them regarding communication issues. Discuss aims and objectives with them.

Answer 161

Complete usual process through interpreter. If appropriate, acknowledge their background through interpreter and ask if they are comfortable to proceed or if further special measures are required (eg. Muslim woman)

Answer 162

Questions are interpreted to the witness in their language then the answer is interpreted back to you. Make sure interpreter leaves room with you if any breaks are taken to maintain impartiality. If a written statement is taken, include interpreter details. Write statement in english, then instruct interpreter to make a written translation into witnesses language so the witness can read, correct/make additions and endorse in their own language before signing off. Interpreter then needs to certify the translation as accurate before the statement is endorsed as usual.

Answer 163

As per usual, making sure you have full contact details of the interpreter and their agency.

Answer 164

As per usual, making sure the appropriate forms are completed with regard to the interpreter's payment.

Answer 165

They tell police or other member of justice system that intimidation has or is likely to occur. Is a member of family of the suspect. Asks for witness protection. Is reluctant to give a statement despite giving information. Associated to a criminal gang. Resides in small close-knit community. Suffers an impairment, maybe perceiving increased risk of intimidation. Has cultural or ethnic background that might lead to intimidation. Is also the victim (not sufficient alone)

Answer 166

Occurred around the witnesses home (not sufficient alone). Nature of the offence suggests increased likelihood of intimidation. The offence is one in a series of incidents.

Answer 167

The relationship between the victim and the offender is a personal one in which the offender has some authority over the witness. The alleged offender has a history of/intelligence suggesting intimidation. Violent nature of offender or their relatives/associates. Relatives/associates have intent and capability to interfere with the witness. Alleged offenders influence in criminal fraternity.

Answer 168

Consider the witness's views, as the court will need to take them into account when considering the witness's eligibility to give evidence in an alternative way. Address and attempt to alleviate their concerns. Explain the investigation and judicial process. Discuss with your supervisor and consider a specialist interviewer and visually record if intimidation may be an ongoing problem, and also consider a support person.

Answer 169

Their family and relationship (witness profile)- status, witnesses, children present, victim's view on the relationship etc. Investigatively important topics - Details of orders, cause/nature/seriousness of injuries, weapons, threats, sexual violence, FV risk factors. Current state (witness profile)- safety, emotional/physical state. Practical arrangements - conduct interviews ASAP.

Answer 170

Identify: Victims/witnesses to serious offences, family members of suspects or witnesses who may later become suspects. Maximise the quality of evidence by visually recording - police can apply for evidence in chief to be given by visual recording dependent on the nature of the proceedings, the nature of the evidence and the relationship of the witness to any other parties in the proceedings. Models: Specialist interviewers may choose to use enhanced cognitive interviewing techniques where trained.

Answer 171

Child forensic interviewers for anyone 16 and under. Adult witness interviewers for anyone over 16.

Answer 172

If an interview needs to be visually recorded it should be conducted by a specialist interviewer.

Answer 173

The quality and quantity of information obtained is maximised. Trauma to the witness is minimized. Contamination by the interviewer is reduced. Is a valuable means for the witness to refresh their memory before judicial proceedings.

Answer 174

Children, witnesses over 16 but immature/intellectually impaired and are victims/witnesses of sexual and serious physical assaults, any case where it is important to minimize stress on the witness (very young, victim, witness to serious offence, family member as suspect), if there are concerns about the child's ability to understand the significance of the interviewl.

Answer 175

Suffer impairment, traumatised, fear intimidation, related to suspect, investigatively important (eg homicide, serious assaults (including FV) sexual assaults, kidnapping/abduction, agg rob involving firearms).

Answer 176

Schedule for facilities/interviewers/witness. Set up room. Explain processes/advantages/purposes to witness. Introduce to monitor. Advise may be used as evidence. Comply with evidence regulations on video record. Explain ground rules. Conduct interview as usual using appropriate model. Follow procedure for breaks. Conclude as normal - if not all topics are covered then state that and the reason why. Complete interview evaluation and follow procedures for storage and transcription.

Answer 177

Remotely oversee interview. Scrutinize content, identifying ares that are missing/need clarification/explanding. Be alert to interviewer errors/miscommunications. Take accurate, comprehensive and legible notes. Record time at significant points. Provide feedback and approach interviewer during breaks. Only interrupt if absolutely necessary. Complete interview evaluation upon conclusion, discuss with interviewer and feedback - should be completed as soon as practical after interview.

Answer 178

Provide summary. Process information in context of investigation. Identify offences, ingredients, defences. Establish what further enquiries need conducting and the urgency. Identify important descriptions of people and objects. Ensure dissemination of information obtained.

Answer 179

Should be sealed, kept secure and stored as per standard procedures to ensure chain of custody. All witness interviews should be transcribed if they contain relevant information - the OC file is responsible for this. Must be disclosed appropriately.

Answer 180

An application must be made under the Evidence Act to allow this interview to be played as the witness's evidence in chief, however they must still be available for cross-examination. The OC file must contact the prosecutor ASAP to arrange this application and it must all be disclosed as per procedure. Note the restrictions on disclosing the interviews of sexual and violent assault victims. The witness should be played the interview to have their memory refreshed before the court hearing.

Answer 181

With cooperative adult witnesses when the need to maximise quality/quantity of information obtained. Interviewers should be level 3 specialist adult interviewers and selected based on experience with that type of offence, previous experience with that witness and whether the witness has volunteered a preference. Should have limited knowledge of the investigation, however should be briefed on the witness's profile and given a broad outline. Roles/expectations of the monitor and the interviewer should be clearly outlined.

Answer 182

``` Reinstate context of alleged event, try to create picture in the mind of the witness or the context, asking them to concentrate on: Where they were Everything they could see What the weather was like The layout of the location Objects they could see Colours they could see What they were doing What was happening The people What they could hear All the sounds What they could smell How they were feeling And then following (essentially) the free recall model. ```

Answer 183

Keep an open mind - they could have a variety of causes. Explanation should only be sought for significant inconsistencies and if on video, only at the end. Explanation is to seek the truth, not to put pressure on the witness to change their account. When seeking explanation the characteristics of the witness should be taken into account and the extent to which they are vulnerable to interviewer pressure. Questions used to seek explanation should be planned carefully and phrased tactically.

Answer 184

Explanation should only be sought for significant omissions, and if on video only at the end. Should take into account and the extent to which they are vulnerable to interviewer pressure. Questions used to seek explanation should be planned carefully and phrased tactically, in a manner that is least likely to impact on the evidential value of the response.

Answer 185

The former Judge's Rules, restated for the purpose of the Evidence Act 2006. Not intended to change existing case law or preclude future judicial development. Supplements enactments relevant to police questioning.

Answer 186

A member of the police investigating an offence may ask questions of any person from whom it is thought that useful information may be obtained, whether or not that person is a suspect, but must not suggest that it is compulsory for the person questioned to answer.

Answer 187

Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever a member of the police seeks to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions. That caution includes the right to remain silent; the right to consult and instruct a lawyer without delay, in private and for free; and that anything said by the person will be recorded and may be given in evidence.

Answer 188

Questions of a person in custody or in respect of whom there is sufficient evidence to lay a charge must not amount to cross-examination.

Answer 189

Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained.

Answer 190

Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should preferably be recorded by video recording unless that is impractical or the person declines to be recorded - then it should be recorded on audio tape or in writing. The person making the statement must have the opportunity to review the tape/statement or to have it read over, correct any errors or add anything further. Where the statement is recorded in writing, the person must be asked if they wish to confirm it as correct by signing it.

Answer 191

Safeguarding the public interest, ensuring the person appears in court or protecting the person's own interests. Must either have warrant or statutory power for an arrest without warrant.

Answer 192

Words of arrest ("you have been arrested for ..." plus rights) and formal touch/agreement.

Answer 193

Search for drugs (S21/22 S&S) If a place/vehicle is being searched and it needs to be established if the person is connected to the object of the search. Breath/blood alcohol testing. Care and protection while the person is intoxicated. To obtain identifying particulars for Summons.

Answer 194

Words to convey detention ("you have been detained for") plus rights.

Answer 195

When a person is arrested or detained with no legislative power, or when the arrest or detention is unreasonably, unnecessary or if continued for an unnecessarily long time.

Answer 196

No - Police must be acting under legislation allowing detention or the person must be arrested. Detaining someone without their informed consent that they do not have to accompany you and may leave at any time, and without lawful authority, is arbitrary detention.

Answer 197

Sale of Liquor Act, Land Transport Act, when required for Summons. They must be told the reason why their particulars are required.

Answer 198

Statements made may be inadmissible in court, case against the person may be dismissed, arresting/detaining officer may be liable to civil litigation resulting in punitive damages.

Answer 199

May arrest without warrant any person disturbing the public peace or committing offence punishable by imprisonment - or have good cause to suspect the above.

Answer 200

May arrest without warrant any person who you have good cause to suspect committed offence against the Act except for certain sections, which you may arrest for if that person fails to provide particulars.

Answer 201

May arrest without warrant any person who fails to comply with directions given under s113, or when you suspect a person has committed offence under S58-62 of the Act.

Answer 202

Arms Act, Domestic Violence Act, Immigration Act - but many of these powers are restricted to particular circumstances.

Answer 203

When threatened or actual serious disturbances or other forms of violence, or serious damage to property. As this is not a charge you must decide regarding other charges withing a reasonable time of the arrest - if there are no other charges to be filed then the person must be released.

Answer 204

``` Your own observations. Statements from witnesses. Admissions from the offender. Examining the scene. Forensic evidence. ```

Answer 205

Have a power to arrest, reasonable/probable grounds for believing the person committed the offence, found the person committing breach of the peace, or received the person into their custody from another person who they believe witnessed a breach of the peace.

Answer 206

Section 214 of the Children, Young Persons and their Families Act.

Answer 207

Non-appearance at a court hearing, bail-related breaches, non-payment of fines, in lieu of a summons, as a result of an application by another agency.

Answer 208

Warrant issued; Entered to NIA; Assigned; Executed (confirming beforehand by checks & obtaining copy, plus confirm ID); Endorsed; Expire NIA Alert; Attach to Prosecution File.

Answer 209

Using TENR to conduct a risk assessment, with particular focus on the risk to public safety based on the offender's past or current behaviour and the offences for which the warrant was issued.

Answer 210

If that person is a beneficiary, Police can request to the Ministry of Social Development to stop that person's benefit if they are deemed a risk to public safety.

Answer 211

The person will be included on the criminal list of the day if possible, or if the issuing registrar is available they will withdraw the warrant and enter a voluntary appearance. If neither of these two options is available they will be issued with a "notice of hearing to withdraw an outstanding warrant to arrest" and the warrant will remain active, but in most circumstances (unless actively offending or will clearly be unable to attend that hearing) they should not be arrested on the warrant.

Answer 212

As long as police have acted in good faith and on reasonable grounds to believe the person being arrested is the person named in the warrant, they are protected from criminal responsibility, as is anyone who has been asked to assist Police make the arrest - but they are not necessarily protected from civil liability.

Answer 213

MSD can stop their benefit at the request of Police if they are deemed a threat to public safety. If not, they can provide latest benefit address and information.

Answer 214

If the WTA is outstanding for more than 28 days, they will be sent a letter advising them that they have 10 days to resolve their warrant or their benefit will be stopped or reduced. This is managed by MOJ and MSD - Police are not involved.

Answer 215

``` When the warrant is for: 3+ yr imprisonment offence Assaults Child/MAF/BOPO EBA/Drug Driving Breaching a sentence imposed as a result of committing any of the above. AND Offender's past or present conduct is of a nature that would indicate public safety is at risk. EXCEPT When the person is under 17yrs. ```

Answer 216

Complete Public Safety Information Request, Attempt to locate offender, Complete Stop Benefit Approval form (approved by Inspector or above), Complete Stop Benefit Request Form.

Answer 217

TENR operational threat assessment tool, considering alternative actions especially for minor behavioural/language/drug offences.

Answer 218

Make arrangements for the arrest to be carried out by an employee with no personal involvement if practical and advise your supervisor immediately.

Answer 219

The complainant should be informed of the decision you have made, and your rationale behind that decision - be it arrest, charge, summons or none of the above.

Answer 220

Plan for the safe and humane arrest of the offender, and of the safety of yourself and your colleagues. Consider and plan for the safety and well being of any children present. Consider asking for assistance from members of the public if anyone's safety is at risk.

Answer 221

The TENR risk assessment process must be followed, and you must act in accordance with the law, tactical options framework and other PITT policies and procedures. A prisoner that is restrained must not be transported with unrestrained prisoners. Special consideration must be given to 1M's as some do not feel pain.

Answer 222

Due to the risk of exposure to further disorder or violence, these arrests should only be conducted when there is no reasonable alternative and the arrest can be done without causing greater disorder - where practical obtain supervisor approval.

Answer 223

Reasonable force may be used and can be justified, protecting Police from criminal responsibility if in accordance with TENR and the PCA of the officer.

Answer 224

S&S to enter & search for person you suspect is unlawfully at large and you believe is there. S&S to enter & search for person you suspect has committed imprisonable offence, believe is there, believe that if you don't enter immediately (a) the person will leave, (b) CADD will occur. S&S to stop vehicle if RGTB person in/on is unlawfully at large OR has committed imprisonable offence. Also, you have powers to obtain details of persons in vehicle if RGTS unlawfully at large OR committed imprisonable offence. You can also search vehicle to locate these above persons if RGTB they are in/on, and to locate evidential material for the offence the vehicle was stopped for if the person has been arrested or is seen fleeing.

Answer 225

If person has been arrested and you have RGTB evidential is in a place and CADD will occur if you delay to obtain warrant, you may enter to search for material relating to the offence for which the person was arrested - BUT this search power may only be used by the person making the arrest. If a person has been arrested and you have RGTB evidential material relating to the offence for which they were arrested is inside a vehicle, you may enter and search that vehicle without warrant - BUT this search power may only be used by the person making the arrest.

Answer 226

Announce intention to enter and search under stat. power. Identify yourself. Produce evidence of identity if not in uniform. Provide evidence of authority (search warrant or warrantless power, unless compliance is not required in the circumstances)

Answer 227

May search if RGTB anything on or carried by the person that may harm any person, facilitate escape or is evidential material for the offence for which they were arrested. You may also search any item the person is wearing or carrying, or is in the persons physical possession or immediate control, and seize if it is the subject of your search or may lawfully be seized.

Answer 228

You may search an arrested or detained person who is to be locked up by force if necessary to take from them all money and property found during the search. These searches are limited in number (1 unless exceptional circumstances) and should be conducted at custody suite.

Answer 229

To be informed of the reason for their arrest/detention at the time. Consult and instruct a lawyer without delay and be told of that right. Have the arrest or detention's validity determined and to be released if it is not lawful. Be charged promptly or released. Be brought before a court/tribunal ASAP. Refrain from making any statement and be informed of that right. Be treated with humanity and respect.

Answer 230

A finding that evidence was improperly obtained and therefore excluded. The case against that person being dismissed.

Answer 231

It is the arresting officer's responsibility to keep that person safe from self harm/suicide or harm by others from the moment they are arrested or detained until they transfer that person into someone else's custody or they are released. You must avoid any acts or omissions that are unlawful, and failure to exercise responsibility could incur criminal charges or disciplinary action.

Answer 232

Be alert for information and make enquiries to ascertain whether that person may need special care, or harm themselves/attempt suicide in Police custody. Take steps to manage any concerns/risks. Ensure any information that may be relevant to that person's care is recorded and passed onto the person who next has custody of them. Ensure they are continually assessed and monitored to ensure: their physical and mental health (particularly conditions or suicide warning signs), any threat they may pose to Police, any risk posed to them by other people in custody, or any other risk that might arise from being in custody.

Answer 233

Every arrested person has the right to be promptly charged and brought before a court or release, however you may first take reasonable steps to investigate the matter. You may also release a person on Police bail with the approval of the watch house keeper.

Answer 234

You discover there was no power to arrest. There is no longer reason to believe the person committed the offence. You believe the detention is no longer justified for whatever reason. The person is arrested on a charge that does not proceed. The person is found not to be the person named in the warrant.

Answer 235

Diplomatic/consular staff may be afforded special privileges and immunities. With armed forces staff, the person's commanding officer should be advised of the arrest and nature of the charge and the time and place of the hearing as soon as practicable. Police also may be called to help NZDF to execute arrest warrants for deserters.

Answer 236

Inland revenue must seek a warrant and prosecute the case, however only a constable can execute the warrant. The person must be in default of their student loan payment, have been notified by IRD and be refusing to pay, and about to leave NZ.

Answer 237

They must find the person committing, or have reasonable grounds to believe the person has committed, an offence punishable by more than 3 years in prison, or against the Crimes Act at night. Citizens can also intervene and detain for BOP.

Answer 238

Yes, for Common Assault, Assaults Police, Wilful Damage, Unlawfully on Property or Peeping and Peering.

Answer 239

When a person is found at night with RGTB they are committing a 3+ year imprisonment offence against the Crimes Act. When offence against Crimes Act has been committed and you have RGTB the person committed the offence. RGTB a person has committed an offence against the Crimes Act and they are escaping custody. When they have been asked to assist Police arrest a person with a warrant but the wrong person is arrested.

Answer 240

Constables and bailiffs.

Answer 241

Fines warrants are stored electronically by the MOJ collection unit and are not received until they are printed at a NIA terminal, after which it is valid for 7 days.

Answer 242

Collections unit provides details to customs of persons with outstanding fines warrants of more than $5000, or owing any amount in reparation. They should be arrested if they cannot pay the outstanding fine or make arrangements to pay it.

Answer 243

Phone collections unit to arrange payment, online via credit card, at the courts through the collections unit, through cash to Police (although this should be avoided and never accept part payments).

Answer 244

When the charges chosen adequately reflect the nature and extent of the criminal conduct (as per the evidence) and provide the court with an appropriate basis for sentence.

Answer 245

Upon the completion of the initial investigation, all the information obtained should be looked at objectively and the admissible evidence assessed. Seek to rectify evidential weaknesses before filing charges.

Answer 246

Consider whether the admissible evidence you have actually discloses an offence. Check the evidence against the offence ingredients.

Answer 247

Once an offence has been ascertained, consider the further action required. It may be appropriate to warn for some offences and not others in the case of multiple offences.

Answer 248

Take into account any current strategic Police policy promoting prosecution in any particular area - for example, alcohol related offending.

Answer 249

Consider whether the admissible evidence is sufficient to provide a reasonable prospect of conviction (the evidence test) , and whether or not the prosecution is in the public interest (the public interest test).

Answer 250

The factors that should be considered include the seriousness of the offence, the likely penalty upon conviction, the circumstances of the defendant, the likelihood of the offence being continued or repeated, and the circumstances of the victim.

Answer 251

What did the suspect do? What was the suspect's intent? What was the result of the suspect's actions? Altering any one factor can significantly affect the most appropriate charge.

Answer 252

The charges should reflect the seriousness of the offending and the defendant's responsibility. They should also provide the court with adequate sentencing powers. Overcharging and overloading of charges should be avoided unless the incident was serious and the evidence supports the charges laid. Occasionally policy supports the laying of an additional charge, for example BOPO.

Answer 253

Offences involving NZ flag, offences involving restricted and objectionable publications, and offences involving bribery and corruption.

Answer 254

The OC's supervisor, and the independent file review conducted by PPS.