Investigation Flashcards
(199 cards)
1
Q
What does S22 of the BOR Act state with regard to arbitrary detention?
A
Every person has the right not to be arbitrarily arrested or detained.
2
Q
What does S23 of the BOR Act state with regard to the rights of persons arrested or detained?
A
Arrested/Detained persons shall be informed at the time of their arrest the reason for it, shall be informed of their right to consult and instruct a lawyer, and shall have the right to the validity of the arrest/detention to be determined without delay and be released if it is unlawful.
They also have the right to be charged promptly or to be released, and if they are not released, be brought ASAP before the court/a tribunal.
Everyone who is arrested or detained shall be informed of their right to silence, and to be treated with humanity and respect for their inherent dignity.
3
Q
What does S24 of the BOR Act state with regard to the rights of persons charged?
A
Everyone who is charged with an offence shall:
Be informed of the nature/cause of the charge.
Be released on reasonable conditions unless there is a just cause for detention.
Have the right to consult and instruct a lawyer.
Have the right to adequate time and facilities to prepare a defence.
Have the right to a trial by jury for 2+ year offences (except Military)
Have the right to legal aid.
Have the right to an interpreter.
4
Q
What are the Chief Justice’s guidelines and where are they used?
A
They are the guidelines used by both Police when questioning and by judges when deciding if a Defendant’s statement was fairly obtained.
5
Q
Who can Police question, with regard to guideline 1 of the Chief Justice’s practice note?
A
You can question anyone from whom useful information may be obtained, however you must not suggest that it is compulsory for that person to answer you - you cannot compel them or imply that they must answer them.
6
Q
When should the caution/rights be given, with regard to guideline 2 of the Chief Justice’s practice note?
A
When you have sufficient evidence to charge or when you seek to question a person in custody.
7
Q
What is “sufficient evidence to charge” with regard to guideline 2 of the Chief Justice’s practice note?
A
Evidence that which, objectively considered would be sufficient to form a prima facie case - would it justify taking the matter to court? Would an objective independent member of the public agree?
8
Q
When is a person “in custody”?
A
When they have been arrested or detained, whether that arrest is lawful or arbitrary, arrest consisting of advising the person they are under arrest and formal touch/acknowledgement. Note: Police have a duty of care to those persons in their custody.
9
Q
What is arbitrary arrest or detention?
A
Arrest or detention that is not lawful, or without lawful authority - if a person believes they are not free to leave, when they are not formally arrested or detained, then that detention is arbitrary - if they have not been arrested or detained then they must be informed that they are free to go.
10
Q
What must be explained to the suspect about the reason for their interview?
A
The suspect must be fairly informed about both the reason for the interview and about the type of charge that they may face - this cannot be minimized.
11
Q
How should you make sure a person understands their rights?
A
Using simple language, and breaking it down into small parts, checking that they understand each part.
12
Q
When questioning a suspect, when should the caution/rights be repeated?
A
If it was given before arrest/detention, it must be given again upon arrest/detention. Should also be given again after any lengthy interview break, or when interviewing about an unrelated offence or if the circumstances of the offence change.
13
Q
Does everything that the suspect says need to be recorded under caution/rights?
A
If it is not recorded, and Police seek to give evidence about it in court, it may be ruled inadmissible or be given very little evidential weight. If there is idle chat, the topics of this should be recorded, and that record be signed by the suspect.
14
Q
Are there restrictions on interviewing someone?
A
Questioning of a person may not amount to cross-examination (i.e. be overbearing or unfair), and if it does then the interview may be excluded as evidence.
15
Q
How is persistent questioning different from cross-examination?
A
A suspect may be challenged if their account is not consistent with the facts obtained, however this questioning must not be oppressive or overbearing. It is permissible to refuse to accept a suspects explanations or denials, particularly when they are inconsistent with the evidence.
16
Q
How long can someone be interviewed for after an arrest, and what should you be mindful of when considering this?
A
You can interview someone at length as long as their rights are met and they are treated fairly and ethically. Be mindful of the requirement to bring them before a court ASAP.
17
Q
Can you lock a person in an interview room?
A
Best practice states that noone gets locked in an interview room, especially if they have not been formally arrested or detained and therefore have a right to leave. If you do have to lock someone in under exceptional circumstances, it must be under their consent with every effort made to uphold their right to leave. Also consider what may happen to an interviewee left alone in an interview room.
18
Q
How should a suspect be questioned about statements made by witnesses?
A
The content of those statements must be fairly explained - the substance must be told to the suspect in detail rather than generally. You must not misrepresent the truth, and this can be achieved by reading relevant excerpts to the suspect verbatim, or accurately summarising the statement.
19
Q
How should a suspect interview be recorded?
A
Good practice is to video record all suspect interviews unless impractical or the suspect does not consent. If consent is not given, the next best method is to cover the camera and record audio only.
20
Q
What is the definition of a suspect’s “statement”?
A
A statement can be a spoken or written assertion, or non-verbal conduct that is intended to be an assertion. It can include direct and deliberate oral or written statements, lies told by the Defendant, the Defendant’s response to statements made in their presence or private conversations the Defendant is involved in that are overheard. A Defendant’s statement is only admissible against that Defendant - not a co-defendant.
21
Q
When would an interview be excluded because of unreliability or oppression?
A
Any pertinent physical/mental/psychological condition or characteristics of the defendant, the nature of the questions put to the defendant, or the nature of any promises/threats made to the defendant.
22
Q
Can a defendant’s statement be offered simply as evidence of their condition, even if it would be otherwise inadmissible because of that condition?
A
Yes.
23
Q
What are the possible outcomes of entering into an agreement with a Defendant?
A
The statement will most likely be ruled inadmissible in court because of the way the confession was obtained.
24
Q
What is improperly obtained evidence and what happens to it?
A
Evidence that is obtained unfairly or in consequence of a breach of any enactment or rule of law (by a person to whom S3 BOR Act applies), or a statement by a Defendant that would be inadmissible if it were offered by the Prosecution.
25
Are "off the record" conversations with suspects admissible?
Any statement made by a suspect under the premise that it will not be used in court will likely be ruled inadmissible.
26
What is the definition of "admission" as per the Evidence Act?
A statement made by a person is or becomes party to the proceedings, and is adverse to that person's interest in the outcome of the proceeding.
27
What is the definition of "hearsay statement" as per the Evidence Act?
A statement that was made by a person other than a witness, and is offered in evidence to prove the truth of it's contents.
28
What is the definition of "leading question" as per the Evidence Act?
A question that directly or indirectly suggests a particular answer.
29
What is the definition of "statement" as per the Evidence Act?
A spoken or written assertion by a person of any matter, or non-verbal conduct by a person that is intended to be an assertion of any matter.
30
What is the definition of "witness" as per the Evidence Act?
A person who gives evidence and is ableto be cross-examined in a proceeding.
31
What does S27 of the Evidence Act state regarding Defendant's statements offered by the prosection?
Prosecution evidence of a defendant's statement is admissible against that defendant, but not against a co-defendant in that proceeding. However, statements may be ruled inadmissible under S28/29/30 (unreliability/oppression/improper).
32
What sort of statements does S28 of the Evidence Act apply to?
Defendant's statements offered by the prosecution where that defendant raises on an evidential basis the issue of reliability, and informs both the judge and the prosecution of their grounds for raising the issue.
Defendant's statements offered by the prosecution where the judge raises the issue of reliability, and informs the prosecution of their grounds for raising the issue.
33
What must the judge do with defendant's statements that may be unreliable under S28 of the Evidence Act?
They must exclude the statement unless satisfied on the balance of probabilities that the circumstances in which the statement was made were unlikely to have affected it's reliability, but only if that statement is only offered purely to demonstrate the condition of the Defendant at the time the statement was made, or to demonstrate that a statement was made at all.
34
What four points must a judge take into account when deciding whether a defendant's statement is unreliable under S28 of the Evidence Act?
Any pertinent physical/mental/psychological condition of the defendant when the statement was made.
Any pertinent characteristics of the defendant including physical/mental/psychological disability.
The nature, manner, and circumstances of questions asked of the defendant.
The nature of any threat, promise or representation made to the defendant or any other person.
35
What sort of statements does S29 of the Evidence Act apply to?
Defendant's statements offered by the prosecution where that defendant raises on an evidential basis the issue of whether the statement was influenced by oppression, and informs both the judge and the prosecution of their grounds for raising the issue.
Defendant's statements offered by the prosecution where the judge raises the issue of whether the statement was influenced by oppression, and informs the prosecution of their grounds for raising the issue.
36
What must the judge do with defendant's statements that may be influenced by oppression under S29 of the Evidence Act?
They must be excluded unless the judge is satisfied beyond reasonable doubt that the statement was not influenced by oppression.
37
Does it matter whether or not a statement is true under S29 of the Evidence Act (statements influenced by oppression)?
No.
38
What four points must a judge take into account when deciding whether to exclude a statement on the grounds that it may have been influenced by oppression?
Any pertinent physical/mental/psychological condition of the defendant when the statement was made.
Any pertinent characteristics of the defendant including physical/mental/psychological disability.
The nature, manner, and circumstances of questions asked of the defendant.
The nature of any threat, promise or representation made to the defendant or any other person.
39
What does "oppression" mean, with regard to S29 of the Evidence Act (statements influenced by oppression)?
Oppressive, violent, inhuman or degrading conduct towards, or treatment of, the defendant or another person - or threats of conduct or treatment of that kind.
40
What sort of evidence does S30 of the Evidence Act apply to?
Evidence against the defendant offered by the prosecution where that defendant raises on an evidential basis the issue of whether that evidence was improperly obtained, and informs both the judge and the prosecution of their grounds for raising the issue.
Evidence against the defendant offered by the prosecution where the judge raises the issue of whether the evidence was improperly obtained, and informs the prosecution of their grounds for raising the issue.
41
What must the judge do with evidence against a defendant that may have been improperly obtained S30 of the Evidence Act?
Find, on the balance of probabilities, whether or not the evidence was improperly obtained. If so, then determine whether the exclusion of the evidence would be proportionate to the impropriety but also takes into account the need for justice.
42
What 8 points must the court take into account when finding whether evidence was improperly obtained and deciding what to do with it with regard to S30 of the Evidence Act?
The importance of any right breached, and the seriousness of the intrusion, by the impropriety.
The nature of the impropriety (deliberate, reckless, done in bad faith)
The nature and quality of the improperly obtained evidence.
The seriousness of the offence.
Whether or not other legitimate investigatory techniques were available but not used.
Whether there are alternative remedies to excluding the evidence which can adequately provide redress to the defendant.
Whether the impropriety was necessary to avoid apprehended physical danger to the Police or others.
43
When must a judge exclude improperly obtained evidence, with regard to S30 of the Evidence Act?
When the judge determines that exclusion is proportionate to the impropriety with which the evidence was obtained.
44
What three ways can evidence "improperly obtained" with regard to S30 of the Evidence Act?
If it is obtained in consequence of a breach of enactment, or rule of law by someone to whom S3 of the BOR act applies (essentially, Police).
If it is obtained in consequence of a statement made by a defendant that would be inadmissible if offered by the prosecution.
Obtained unfairly (eg in the case of statements, one that has not met the guidelines of the Chief Justice's practice note).
45
What are the two ways that can result in a witness giving evidence in an alternative manner, with regard to S103 of the Evidence Act?
Application of a party, made as early as practicable before the proceeding is to be heard (or later when permitted by the court), or on the Judge's own initiative.
46
What are the 10 grounds under which a witness may be permitted to give evidence in an alternative manner, with regard to S103 of the Evidence Act?
Age or maturity of the witness.
Impairments of the witness.
Trauma suffered by the witness.
Witness's fear of intimidation.
Cultural/linguistic/religious background of the witness.
Nature of the proceeding.
Nature of the witness's evidence.
Relationship of the witness to any parties.
Absence from NZ.
Any other ground likely to promote the purpose of the Act.
47
What three things must a judge have regard to when deciding whether a witness may give evidence in an alternative manner, with regard to S103 of the Evidence Act.
The fairness of the proceeding, the views of the witness (minimizing stress and promoting recovery), and any other factor that is relevant.
48
What are the three manners in which a witness may give evidence in an alternative manner, with regard to S105 of the Evidence Act?
While in the courtroom but unable to see the defendant (or other specified person).
From an appropriate place outside the courtroom.
By video record made before the hearing.
49
What practical and technical means may be used by the judge/jury/lawyers to enable them to see and hear the witness giving evidence, with regard to S105 of the Evidence Act?
Any appropriate means.
50
During a criminal proceeding where a witness is giving evidence in an alternative manner, should the Defendant be able to see and hear the witness, with regard to S105 of the Evidence Act?
Yes, unless the judge directs otherwise, or if a witness anonymity order has been made, effect is given to that order.
51
What must a Judge do if a video record of a witness's evidence is to be shown at the hearing, with regard to S105 of the Evidence Act?
They must give directions under S103 about the manner in which cross-examination and re-examination is to be conducted.
52
Is evidence given under S103 of the Evidence Act (in an alternative manner) admissible if all the terms of that section have not been strictly observed?
Yes - the judge may admit it.
53
What must be explained to a child or young person before questioning by an enforcement officer when there are RGTB they have committed an offence, under S215 of the CYPF Act?
That, if the circumstances are such, the officer has the grounds to arrest the CYP, and that they may be arrested if they fail to provide their name and address so that a summons can be issued.
That they are not obliged to accompany, and if they consent they may withdraw it.
They are under no obligation to make a statement, and if they consent they may withdraw it.
Statements may be used in evidence in Court proceedings.
That they are entitled to consult with and make a statement in the presence of a lawyer and nominated person.
54
What parts of S215 of the CYP act do not apply when the CYP is under arrest?
That they may be arrested if they fail to provide their name and address in order for an enforcement officer to issue a summons, and that they are not obliged to accompany and if they consent then they may withdraw it.
55
What does S215A of the CYPF Act state with regard to explanation of CYP rights?
If the CYP makes any enquiry with regard to their rights when being questioned regarding their involvement in the commission of an offence, the officer must explain their rights to them again.
56
What does S216 of the CYPF Act specify with regard to when to explain a CYP's rights to them?
That they must be explained to a CYP when they are charged with an offence.
57
What does S217 of the CYPF Act specify with regard to when to explain a CYP's rights to them?
That they must be explained to the CYP when they are arrested.
58
What does S218 of the CYPF Act specify with how a CYP's rights should be explained to them?
Explanation of the CYP's rights should be given in a manner and language appropriate to the age and level of understanding of the CYP.
59
What does S219 of the CYPF Act specify with regard to when NOT to explain a CYP's rights to them?
If the CYP has had their rights explained to them within the hour before, nothing under S215, 215A, 216 or 217 requires them to be given again.
60
Under S220 of the CYPF Act, do sections 215 - 217 limit or affect other enactments that would require a CYP to supply information/particulars to an enforcement officer? (Eg. Land Transport Act)
No.
61
Under S221 of the CYPF Act, when would a statement made by a CYP arrested or detained not be admissible?
Before the statement was made, the enforcement officer has not explained the provisions of S215 in a manner and language appropriate to the age and level of understanding of the CYP.
When the CYP wants to consult with lawyer and NP before giving the statement, and they have not.
When the CYP does not give the statement in the presence of at least one of: lawyer, NP or another adult (as specified in S222).
62
Under S222 of the CYPF Act, who may be nominated as a NP by the CYP?
Parent/Guardian,
Adult family member,
Any other adult.
63
Under S222 of the CYPF Act, when a CYP fails or refuses to nominate an NP, who can an enforcement officer nominate?
Parent/Guardian,
Adult family member,
Any other adult.
64
Who can be refused to be a NP by an enforcement officer under S222 of the CYPF Act?
Any person who the enforcement officer has RGTB will attempt to pervert the course of justice, or cannot be located, or will not be available within a reasonable time period.
65
Under S222 of the CYPF Act, what are the duties of an NP?
To take reasonable steps to ensure the CYP understands their rights under S215, and to support the CYP.
66
What does S223 of the CYPF Act state with regard to spontaneous admissions by the CYP?
Nothing in S221 (regarding statement admissibility) applies when a CYP makes a spontaneous admission before an enforcement officer has had a reasonable opportunity to comply with the requirements of that section.
67
Under S224 of the CYPF Act, what is the standard of compliance with the conditions of S221 (admissibility of statements) that must be met in order for a CYP's statement to be admissible?
Reasonable compliance.
68
Under S225 of the CYPF Act, does S221 (admissibility of statements) limit or affect any other enactment?
No.
69
Under S226 of the CYPF Act, is evidence of communications between the CYP and their lawyer and nominated person admissible in court?
No.
70
When must a CYP be informed of their entitlement to consult with a lawyer under S227 of the CYPF Act?
When taken in for questioning, as soon as practicable after they arrive at the enforcement agency office. When arrested, upon arrest they must be informed that they can consult their lawyer at the enforcement agency office.
71
What does S228 of the CYPF Act state regarding the CYP's right to consult with a lawyer when they have been taken to hospital?
They are entitled to consult with a lawyer at that hospital.
72
What does S229 of the CYPF Act state with regard to informing the CYP's parents/guardians of the CYP being at an enforcement agency office for questioning/under arrest?
As soon as practicable after arrival, the enforcement officer must inform parents/guardians/caregivers that the CYP has been brought in for questioning/has been arrested. They are entitled to visit the CYP, and if they choose to do so will have the provisions of S215 explained to them, and are entitled to consult privately with the CYP, but not in the absence of an enforcement officer guarding that CYP, or outside of conditions that are necessary to ensure CYP's safety and prevent the commission of any offence.
73
Under S230 of the CYPF Act, is evidence of communication during a visit made to a CYP at an enforcement agency office by any person visiting under S229 admissible in court?
No, notwithstanding any other enactment or rule of law.
74
Under S231 of the CYPF Act, who may be nominated by the CYP as their parent/guardian to be informed of their presence at an enforcement agency office and of the ability to visit them there?
Parent or guardian,
Adult family member,
Any other adult selected by the CYP,
Any adult nominated by an enforcement officer, should the CYP fail or refuse to nominate any of the above.
75
Under S231 of the CYPF Act, when may an enforcement officer refuse to allow a person to visit the CYP in custody, when they would usually be a person allowed to do so?
If they have RGTB the person is likely to attempt to pervert the course of justice should they be allowed to visit the CYP.
76
Under S231 of the CYPF Act, what are the duties of a person that visits the CYP while they are at an enforcement agency office?
Take reasonable steps to ensure that they understand their rights, and to support the CYP.
77
In laymans terms, when do you have to read a CYP their caution/rights (not including arrest)?
If you have RGTS they have committed an offence, before asking questions intended to obtain admissions, before continuing an interview if your form RGTS they have committed an offence.
78
In laymans terms, how would you understand that a CYP understands their rights?
Explain them in a manner and language appropriate for their age and level of understanding - use simple language, and break it down into small parts, checking they understand each part by asking them to explain back to you in their own words what it means.
79
In laymans terms, what are your powers when a CYP with whom you have sufficient evidence to charge refuses to give you their particulars?
May arrest if the circumstances are such that you have the power to arrest, if, by refusing to give you their particulars, that CYP cannot be issued with a summons.
80
When attempting to locate a nominated person for a CYP, how long is too long to wait for a particular person is "unreasonable", under which circumstances you would ask the CYP to nominate another?
The courts have held that a wait in excess of an hour is not unreasonable.
81
What should you do if the NP nominated by the CYP is a potential witness to their offending for which you are questioning them?
Interview them first, and determine whether there are RGTB that they are likely to pervert the course of justice.
82
What are the ten principles of investigative interviewing?
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 - Care must be taken to identify suspects who require special consideration.
10 - Be sensitive to cultural backgrounds and religious beliefs.
83
What are the components of the PEACE interviewing framework?
Planning and preparation: Review available information and establish interview objectives.
Engage and explain: Develop rapport and explain interview processes and procedures.
Account, probe and challenge: Using an appropriate interview model gain an account of events, probe for more information and challenge any inconsistencies.
Closure: Conclude the interview and address any concerns.
Evaluation: Evaluate how the information obtained impacts on the investigation and the performance of the interviewer.
84
At what point in an investigation should you conduct a suspect interview?
When all other enquiries have been completed, so that you can effectively challenge the suspect on inconsistencies.
85
In the planning and preparation phase of a suspect interview, how would you establish some interview objectives?
Examine all available evidence, taking relevant extracts from statements to assist in written plan. Set objectives covering investigatively important topics and consider preparing a timeline.
86
In the planning and preparation phase of a suspect interview, how would you establish investigatively important topics?
Identify possible offences committed, consider ingredients and probably defences and decide how to cover these off. Understand strength of the evidence and how to introduce this. Know the established facts and areas to be explored. Know the geographical area of the scene. Decide on challenges and how and when you will introduce them. Decide what allegations to outline to the suspect should they decide to invoke their right to silence.
87
In the planning and preparation phase of a suspect interview, what would you consider as identity factors?
Age/maturity, race, gender/sexuality, impairments, welfare issues/special needs, relationship to victim/domestic circumstances, contact with public services, anything on the NIA dossier.
88
In the planning and preparation phase of a suspect interview, what should you consider with regard to the suspect's current state?
Emotional state, physical state, and authority to search person/property for potential evidence (and if/when that search should be conducted).
89
In the planning and preparation phase of a suspect interview, what would you consider with regard to interview structure?
Decide on an interview model.
Work out parameters and produce a plan.
Consider opening question and investigatively important topics (including offences/ingredients/defences).
Consider the production of exhibits.
Establish challenges and the introduction of them.
Decide what evidence you will seek the suspect's explanation for if they invoke their right to silence.
90
In the planning and preparation phase of a suspect interview, what would you consider with regard to contingencies for the suspect's reaction?
Consider what to do if they are fully cooperative, give a dishonest account, change from dishonest to truthful (or vice versa) or if they refuse to be interviewed altogether.
91
In the planning and preparation phase of a suspect interview, what would you consider with regard to practical arrangements?
Special consideration, who should be present, time and place, seating, equipment, exhibits, monitoring, post-interview process.
92
In the planning and preparation phase of a suspect interview, what would you consider with regard to safety?
Using a designated and secure interview room, make sure other officers are nearby, the suspect is not left unattended, that visitors are not left unattended.
93
What does a written interview plan achieve?
Summarises objectives and provides a framework for questioning, keeps track of what's been covered, ID's areas of conflict, ID's new information, gives confidence and flexibility to conduct a professional and effective interview.
94
In the planning and preparation phase of a suspect interview, what should you consider including in the plan?
Opening question.
What is known and what needs to be established.
The investigatively important topics (offences/ingredients/defences).
If/when to produce exhibits.
Possible challenges.
What allegations to outline to the suspect should they invoke their right to silence.
Any other relevant points.
95
In the engage and explain phase of a suspect interview, what should you keep in mind regarding your attitude towards the suspect?
Treat them with dignity and respect, keep an open mind, be patient, empathise with their position, don't be judgemental.
96
In the engage and explain phase of a suspect interview, what should you do when you first meet the suspect?
Introduce yourself, talk to them in a manner/language they understand, explain why you are seeking the interview, caution if necessary and ensure understanding, gain informed consent to accompany if they are not under arrest. Keep accurate records of all discussions with the suspect including any neutral topics discussed to build rapport.
97
In the engage and explain phase of a suspect interview, what should you do upon entering the interview room with the suspect?
Enter details in logbook. Check equipment and begin recording. Explain why you are recording and check everyone is visible and ask suspect to speak clearly into the microphone. In your notebook should be a record of everything that took place up until the interview - read these to the suspect and ask them to sign to verify they are accurate. Tell the suspect that you want to interview them about the offence and commence the interview.
98
In the engage and explain phase of a suspect interview, how should you commence the interview?
As per the Aide Memoir - Get everyone to introduce themselves, state time/date/place, show microphone and remind suspect to speak up. Explain interview purpose, outline offence and tell the suspect of the interview process and routines. Outline events that occurred before interview and address any concerns. Bill of rights and open question...
99
In the account phase of a suspect interview, how would you use the Conversation Management Model?
Initiate a free report, identify and expand suspect topics, identify and expand investigatively important topics.
100
In the account phase of a suspect interview, what is the procedure for taking a break?
State the time and reason for the break before leaving the interview room. Any breaks up to 30 minutes leave the video running. When recommencing state the time and any relevant happenings during the break, asking the suspect to confirm your description of these. Suspects should not be left in the interview room unsupervised if possible.
101
In the account phase of a suspect interview, what process would you use for presenting challenges to a suspect?
Consider having a short break to prepare your challenges. Structure so that they are dealt with individually from weakest to strongest. Before presenting them, let them know that there are inconsistencies in their story. Challenge evidence in a clear and focused way, clearing up any ambiguities - do not express opinions or put suggestions to the suspect. If there is no reply use silence then move on. Ensure you have covered all ingredients, possible offences, mitigating factors and motives.
102
When conducting a suspect interview, what must be remembered with regard to remaining professional?
Don't be overbearing - but don't be frightened to challenge. However, don't call the suspect a liar or say that you don't believe them as this may affect the admissibility.
103
When conducting a suspect interview, what should you do when a suspect offers unrelated information?
Continue with the interview, advise them that their information will be discussed later. Take care not to imply that this information may have an affect on the present interview - there must be no suggestion of a promise made to the suspect.
104
When conducting a suspect interview, what should you do if the suspect makes an allegation of misconduct against you?
Do not stop the recording. Tell the suspect that they will be referred to a senior Police employee when the interview is over so that their allegation can be properly recorded and investigated. Report to your supervisor immediately afterwards.
105
When conducting suspect interviews, what is the procedure for closing the interview?
Offer suspect opportunity to have it played back/add anything/ask questions. Note clothing and injuries if soon after offence. Ask suspect to read and endorse your notebook entries. Conclude interview by explaining what will happen, signing off tapes. Prepare them for future events.
106
When conducting suspect interviews, what should be considered as part of your interview evaluation?
What information has been obtained, how the account fits in with the other evidence, whether any action needs to be taken, what further enquiries need to be made. What did you do well, where could you have done better, what areas can you develop, how will you acquire these skills?
107
When interviewing suspects, what procedure should you follow when a suspect decides to exercise their right to silence?
Prepare for the possibility by having 3-5 supported allegations prepared. Initially explain why you want to conduct interview and that you want their story to establish the truth. If they agree continue with engage in explain. If they remain silent inform them that you will explain the allegations to them. If they decide to provide an explanation at this point reaffirm their right to silence and confirm that they are waiving it.
108
When conducting suspect interviews, what procedures should be followed when there are multiple offenders?
Consider planning to use a consistent interview structure for all offenders. If interviews are occurring simultaneously, consider using an extra officer to coordinate what is happening in each.
109
When conducting a suspect interview, should a suspect be questioned on a co-offenders statement?
No, but they can be given it and any comments they make recorded.
110
What procedures must be followed if you wish to conduct a suspect interview with someone that is in the custody of the Department of Corrections?
You must contact the prison manager to gain agreement and arrange an appropriate time and room. Upon arrival you must give the suspect their caution/rights in the presence of a prison officer, and the prison officer must be contactable by both you and the suspect at all times throughout the interview, whether they are within sight or not. The suspect must also be informed they can end the interview at any time. You can't remove a prisoner for an interview without the authority of the Chief Executive of the Department of Corrections.
111
When conducting a suspect interview, how should you present fingerprint and DNA evidence?
Avoid referencing it early as this allows the suspect to come up with a plausible explanation. Consider any reasonable explanations that may account for the fingerprints/DNA. If the sole purpose for the interview is to discuss new forensic evidence, tell them of this but consider how much information you should disclose.
112
What should you consider when interviewing a suspect linked to an offence solely by fingerprints or DNA?
That the fingerprints/DNA on the database may have been provided by someone using an alias. Make sure that fingerprints and DNA are provided as voluntary or part of the arrest process.
113
What is the lawyer's role during a suspect interview, and what should you not let them do?
They are there to represent their client and to give their client advice. You should not let them answer questions on behalf of their client, put words in the mouth of the suspect, introduce irrelevant matters, give you instructions as the interviewer or to interfere with/obstruct the interview. They may ask for a break to speak with their client or interject if they think the interview is oppressive or unfair.
114
What should you do if a lawyer begins to act inappropriately during a suspect interview?
Refer them back to their role and, if appropriate, ask them if they would like to speak with their client in private. If it continues warn them that you may have to stop the interview and ask them to leave. If they still continue then stop the interview, remove them from the interview room and inform a supervisor before providing the suspect with the opportunity to engage another lawyer.
115
What is the definition of a suspect requiring special consideration, and what are some examples of this?
A suspect requires special consideration when their condition, disability, disorder or other characteristic may adversely affect their reliability or make them susceptible to oppression at interview. Examples: Elderly, learning disabilities, 1M, intoxicated, ESOL.
116
What should you consider when deciding which procedures to adopt for interviewing a suspect who needs special consideration?
Be flexible and adopt procedures that allow you to meet their needs, get accurate/reliable/complete information, minimise the risk of oppresion and provide the best evidence. Do background checks and consider delaying - communication must be full and fair, and they need to understand the nature of/reason for the interview and their rights.
117
When should you consider using a support person for a suspect interview, what are the benefits of having a support person and who can be an appropriate support person?
Consider when suspect suffers from impairment and due to their condition may be unreliable. A support person can ensure the suspect's wellbeing and understanding, aid your understanding, reduce suggestion of oppression and help develop a working relationship. They should be over 18, not a suspect/witness themselves, not likely to pervert course of justice and available within reasonable time.
118
What are some suspect profile identity factors that may be relevant to a special consideration suspect at interview?
```
Sexual knowledge and experiences.
Learning or physical disabilities.
Effect of disability on behaviour.
Cognitive abilities.
Linguistic abilities.
Family members/carers + their relationships.
Contact with public services.
Employment/routines.
Special needs to avoid oppression.
```
119
What are some suspect profile current state factors that may be relevant to a special consideration suspect at interview?
```
Emotional state.
Likely impact of recalling traumatic events.
Recent significant stress.
Whether currently in safe environment.
Pre-interview assessment.
```
120
What should you consider with regard to contingencies for suspect reaction when conducting a suspect interview for a suspect who requires special consideration?
Whether the interview needs to be run over more than one session, potential blocks to communication and methods for approaching them, arrangements that encourage the suspect to move around the room if necessary. Also consider practical arrangements such as interview location.
121
How do you decide on an appropriate interview model for a suspect interview with a special consideration suspect? What model should you use if they are likely to be unreliable or easily influenced?
Select the most appropriate interview model based on the suspect profile identity factors. If you believe they are likely to be unreliable or easily influenced, use the free recall model and questioning style.
122
Should you challenge a special consideration suspect during a suspect interview?
You can challenge them, but remember the reasonableness of your challenge will be determined by the suspect's characteristics and vulnerability.
123
What should you consider when conducting an interview with a suspect who is a special consideration suspect because they are intoxicated?
Fairness and reliability.
Understanding of rights.
Ability to communicate.
Practicality of delaying (prelim can be done)
Open questioning, evaluate & reassess.
Appropriate interview model.
Cover what/quantity/time period in interview.
Level of intoxication (cover in int).
How they are feeling (cover in int).
Consider re-interview when sober.
124
What should you consider when conducting an interview with a suspect who is a special consideration suspect because of their linguistic/cultural background or religious beliefs?
Whether you need an interpreter.
Ascertain whether the interpreter is appropriate (ask for qualifications/contact).
Video record.
Allow interpreter to brief you + suspect.
Interpreter needs to understand rights + explain these clearly to the suspect.
Answer questions and seek advice.
Discuss aims with interpreter.
125
How would you conduct a written suspect statement using an interpreter?
You write question in english. Interpreter writes it in suspect's language. Interpreter writes response in suspect's language. Interpreter writes response in english.
126
What should you consider when conducting an interview with a suspect who is a special consideration suspect because they have an impairment?
Ensure their wellbeing and their understanding of what is happening. Consider their reliability and vulnerabilities that may affect them. Determine appropriate actions to be taken during the interview. Consider their "fitness to plead" and "insanity" as investigatively important topics. Use free recall model and questioning style.
127
What requirements must be met before you interview a CYP suspect?
You should contact Youth Aid to consider how the offending should be dealt with. You must comply with the provisions in the CYPFS Act and the Chief Justice Practice note, as well as inform the CYP of the reason for the interview, inform their parent/guardian before the interview that they are at the station, and conduct the interview in the presence of a nominated person and, if requested, a lawyer.
128
What paperwork should you use when interviewing a CYP suspect to ensure that legal requirements are met?
Youth checklist, youth rights aide memoir, and recently an actual copy of S215 of the CYPFS Act.
129
What are some suspect profile identity factors that may be relevant to a CYP suspect at interview?
```
Any impairments.
Cognitive abilities.
Linguistic abilities.
Family members/carers.
Nature of relationships.
Potential nominated persons.
Routines.
NIA Check/YA records/YA Officer
Contact with Public Services.
Any welfare issues that may arise.
```
130
What are some suspect profile current state factors that may be relevant to a CYP suspect at interview?
Any significant stress to CYP/Family
| If currently in safe environment.
131
What practical arrangements should you consider when preparing for a CYP suspect interview?
Location - willingness to talk in a formal setting. Documents - youth checklist, guidance for nominated persons (POL 338A), interview plan etc.
132
What interview model should you use when conducting a suspect interview with a CYP?
Generally the conversation management model, however if the suspect is young/immature use the free recall model with a challenge phase to limit any suggestion of oppression or compulsion.
133
What interview model should you use for a suspect interview for a Family Violence offence?
Conversation Management Model.
134
What investigatively important topics should be explored when interviewing a suspect for a family violence offence?
History, current status and future intentions for the relationship.
Relationship with other family.
Character and motive.
Circumstances beforehand.
Previous violence/abuse.
Future residence.
Relationship/contact agreements with kids.
Suspect's thoughts on what victim will be saying to Police.
135
What is the procedure for preparing a written suspect statement?
Time, Date, Location. (Name) States:
Paragraph with personal details, then reason for making statement, then rights, then use Conversation Management Model to record the statement as you go in paragraphs using Q+A (or IS/HS) format. Do not include inadmissible matters. Endorse statement at end, reading to a suspect if they cannot read.
136
What should you include in your notebook entries regarding a suspect interview, in order to satisfy the court of it's fairness?
Time and exact words used for caution/rights.
Times the interview started/finished, refreshments were supplied, breaks were taken, suspect was arrested, suspect requested a solicitor.
People present.
Details of any conversation prior to and after interview.
Time and exact words of any admissions made prior to or after interview.
Physical description of suspect.
Description of suspect's behavior.
137
What are the endorsements that should be used for a suspect statement and notebook entries?
I have read this statement. it is true and correct. I have nothing further to add.
I have read these notes. They are true and correct.
138
When are transcripts of electronically recorded suspect interviews prepared?
When required for prosecution purposes, or when a case will proceed to jury trial or judge-alone trial in the High Court. The OC must complete "request for transcription" form and forward it as appropriate. Other requests for transcripts include when OC forwards a serious crime file out for enquiries, when requested by a judge, or the circumstances indicate it is necessary.
139
How is an electronically recorded interview presented in court?
By the interviewing officer as an exhibit. Formal statement of the interviewing officer should include any relevant conversation not recorded, the time/date/place of the interview, and how the DVDs were managed after the interview. The working copy should be available to be played. It is not necessary to describe any evidential chain as this is covered by current procedures. If editing is required for trial then this will be from the working copy.
140
What are they types of "noise" that can affect communication?
Physical noise (aircon, traffic); psychological noise (own frame of reference, prejudices, stereotypes); semantic noise (words of the message are not understood).
141
What are the three aspects of verbal communication (words)?
Content, meaning, and feelings. Words can occasionally not match the meaning intended, or mean different things to different people.
142
What are some different types of non-verbal communication?
Intonation, Word spacers, Positions and gestures, Proxemics, Dress and ornaments.
143
What should be kept in mind by an investigative interviewer when trying to interpret possible deception?
There is no single behaviour that accurately reflects whether people are telling the truth or not. Changes in behaviour can be accounted for by recalling an upsetting experience, anger about false allegations or an innocent person being concerned over the evidence against them.
144
What should be kept in mind by an investigative interviewer regarding eye contact?
Enables non-verbal communication to be seen, it sends signals and synchronises the exchange between speaker and listener. However should not be promoted when asking the interviewee to recall a detailed memory.
145
Why should an investigative interviewer be mindful of the language and wording they use during an exchange?
Because certain words do exclude or belittle particular groups, reinforce stereotypes and carry negative overtones.
146
What are the three stages of an encounter?
Entry, Process, and Exit.
147
What should an officer keep in mind during the Process stage of an encounter?
Privacy, audiences, apologies, recording information, formality and aggression.
148
What should an officer keep in mind during the Exit stage of an encounter?
Formal or informal enforcement, Resolution of the problem, Assistance with solving a problem and Referral to another agency.
149
What are the three different types of memory?
Sensory memory, working (short term) memory and long term memory.
150
What are the three phases of memory processes?
Encoding (info is entered), Storage (once information is encoded), Retrieval (recalling an event).
151
What are some factors that can affect the encoding of complex events into a witnesses memory?
Interaction between witness and the event, Attention paid, Selective memory (influences), Alcohol and drugs, Stress (reduces quantity but not quality), Presence of weapon, Event violence.
152
What are some factors that may affect the memory retrieval of a complex event by a witness?
Memory reconstruction is not total - we fill in the gaps with our own experiences after the event. Examples can be: Inferences drawn by the witness, Stereotypes, Partisanship, Scripts/schema, Emotional factors, Context effects, Interruptions.
153
What effect can contamination and cross-contamination of an interviewee's memory of an incident have on an investigation?
Will adversely affect the investigator's ability to establish the truth about the matter under investigation.
154
What are the risks around suggestibility of interviewees when conducting an investigation?
Interviewees may respond according to what they believe an interviewer wants or expects them to say. Investigative interviewing should safeguard against untrue admissions of guilt.
155
What are some examples of interviewer limitations that investigators need to be mindful of so that they do not contaminate an interview?
Attention, Scripts, Other memory filters, Knowledge of investigation and perception, Pre-determined hypotheses, Ingredients to prove, Confirmatory bias, Questioning strategy, Concentration, Standardisation.
156
What are the components of active listening?
Concentrate, Comprehend, Sustain, Use listening strategies.
157
What are some examples of listening strategies?
Showing that you want to listen, Taking turns to speak and allowing the interviewee's contribution, Conversation topics, Encouragement cues, Echo probing, Summarising, Other non-verbal communication (eye contact, posture, tone etc), Use of silence and pauses.
158
What are the outlines of the basic rules of questioning?
Vocabulary, Relevance, Pace, Interruptions, Control.
159
What are some examples of appropriate types of questions to be using as an investigative interviewer?
Open ended questions, TEDS questions, Probing questions, 5WH questions
160
What are some examples of inappropriate types of questions to be using as an investigative interviewer?
Leading and misleading questions, Forced-choice questions, Multiple questions, Complex questions, Negative phrasing, Opinion type questions, Jargon.
161
What are the essential points to remember in the Planning and Preparation stage of an interview, as per the I.I. Doctrine?
Covering essential points for the preparation, written interview plan, consider information sources, covering interview objectives, investigatively important topics, identity factors, current state factors, legal requirements, interview structure, contingencies for reaction, practical arrangements.
162
What are the essential points to remember in the Engage and Explain stage of an interview, as per the I.I. Doctrine?
Engage interviewee, explain procedures, ground rules, first impressions, greeting and personalising, establishing rapport, explaining rights, reasons for the interview, report everything, concentrate, transfer control, and cover off what to do if they don't understand or don't know.
163
What are the essential points to remember in the Account stage of an interview, as per the I.I. Doctrine?
Select interview model, obtain account, let the interviewee do the talking.
164
What is the process for using the Free Recall Interview Model?
Set the scene, Initiate free report, Appreciation (sketch plan/another free report?), ID witness topics, Expand, ID and expand investigatively important topics, Summary and written statement.
165
What is the process for using the Conversation Management Interview Model?
Initiate free report and summarise, ID suspect topics, Expand suspect topics and summarise and link, ID and expand investigatively important topics, Challenge.
166
What are the essential points to remember in the Closure stage of an interview, as per the I.I. Doctrine?
Information about future events, Verification, Mutual understanding.
167
What are the essential points to remember in the Evaluation stage of an interview, as per the I.I. Doctrine?
Summary, Interviewer's performance, Information obtained, Objectives.
168
What does S234 of the Crimes Act state in relation to robbery.
Robbery is theft accompanied by violence or threats of violence, to any person or property, used to extort the property stolen or to prevent or overcome resistance to the property being stolen, and everyone who commits robbery is liable to imprisonment for a term not exceeding 10 years.
169
What does S235 of the Crimes Act state in relation to aggravated robbery?
Everyone is liable to imprisonment for a term not exceeding 14 years who:
Robs any person and at the time of, or immediately before or immediately after the robbery, causes GBH to any person, or;
being together with another person or persons, robs any person, or;
being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, robs any other person.
170
What does S236 of the Crimes Act state in relation to assault with intent to rob?
Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to rob any person:
Causes GBH to that person or any other person, or;
being armed with any offensive weapon or instrument, or anything appearing to be such a weapon or instrument, assaults that person or any other person, or;
being together with any other person or persons, assaults that person or any other person. Everyone who assaults any person with intent to rob that person or any other person is liable to imprisonment for a term not exceeding 7 years.
171
What does S239 of the Crimes Act state in relation to demanding with intent to steal?
Everyone is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
Everyone is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any person with intent to steal it.
172
What is the threshold of completion for a theft for robbery to have occurred?
Theft must be complete to the point where possession of the property is obtained by the thief, even momentarily.
173
Does the victim of a robbery need to be in immediate presence of the property stolen in order for robbery to have occurred?
No - it is sufficient that the property is in the personal and immediate care of the victim.
174
Does immediately returning property that has been taken negate the offence of robbery?
No.
175
If a defendant has a claim of right to property stolen in a robbery, are they still liable for robbery?
They have a defence against robbery but they may still be liable for assault.
176
Is it a robbery when the offender sees the victim's wallet on the ground after an assault and takes it?
No.
177
What is the threshold for "violence" in respect to robbery?
More force than the minimum necessary for assault, but less than the infliction of bodily injury - if the actions of the defendant forcibly interfere with personal freedom or amount to forcible powerful or violent action or motion producing a very marked or powerful effect tending to cause bodily injury or discomfort. It is not a defence if the suspect intended no injury.
178
What is the threshold for a "threat of violence" in respect to robbery?
A threat must be expressed in words or conduct - it is not sufficient that the victim was afraid. The threat may be direct or veiled, and is assessed by the conduct of the accused, not the nerves of the victim. Threats used after the theft to discourage the victim from making a complaint do not constitute robbery.
179
What are the requirements of the element of extortion when a robbery is committed?
Requires an overbearing of the victim's will - the violence or threat must cause the victim to be in such fear of bodily harm or other consequences that they part with the property - if the threats do not affect the will of the victim, then there is no robbery. Lack of resistance under threat is not consent, and consent induced through fear is not a defence.
180
Is compulsion a defence to a charge of robbery?
No.
181
What is the threshold for the element of being together when an aggravated robbery is committed with two or more persons?
The persons must be acting together in the commission of an offence, both with intent to rob, and they must be physically present together. There is no requirement that the victim of the robbery be aware of the presence and participation in the robbery of each offender.
182
Is a person who is pretending to possess an offensive weapon or instrument in order to commit a robbery, committing armed aggravated robbery?
No.
183
Is possession of an offensive weapon at the time of committing a robbery sufficient to have committed armed aggravated robbery?
Yes.
184
Can two persons with one weapon be both said to have committed an armed aggravated robbery?
Yes, if each has ready access to a significant degree of control over a single weapon.
185
What is the threshold of the element of "Intent to Rob" for an assault with intent to rob incident?
The defendant must have had an intention to rob at the time of the assault - the intent may be inferred from the circumstances and no express demand is necessary.
186
What 6 action steps should you take when "tipped off" about an intended robbery?
1 - Evaluate how reliable the information is.
2 - Disseminate information where appropriate.
3 - Collect background information on suspects.
4 - Check computer records for firearms licences.
5 - Obtain photographs of suspects.
6 - Liaise with prospective victim and examine prospective crime scene.
187
What should you do when coordinating with a prospective victim of a planned robbery?
Advise them of information, recon the premises, prepare sketch plans of the building and surrounding areas, obtain a key, determine suitable observation points, arrange for security/CCTV, show the manager photographs of possible suspects. Consider other factors, maintain contact and make final plans.
188
What "other factors" should you consider when investigating a planned robbery?
The time of the attended robbery, the safety of the employees/public/Police, the location of the premises/nature of the streets/presence of pedestrians/possible evacuation.
189
What initial steps should be taken when a robbery is reported?
Obtain all possible information.
Keep informant on the line.
Broadcast details to all units.
Alert eagle/delta and establish cordons on arterial routes.
190
What initial action steps should be taken when the suspects of a robbery are still on scene?
Maintain obs, do not enter unless directed, cordon and contain.
Ask comms to call inside the premises if informant is not on scene.
Appoint a supervisor as OC scene to contain, take immediate action, establish/maintain forward observation point, provide SITREPS, establish assembly point and access route, secure/contain escape vehicles and restrict public access.
Advise OC AOS and CIB.
If it is still in progress, contain until arrival of AOS however consider life/safety and what degree of force is justified in the circumstances.
191
What initial action steps should be taken when the suspects of a robbery have left the scene?
Appoint nearest unit to OC scene to freeze/control/preserve, confirm details and provide SITREP.
Advise CIB and delta.
Focus on locating vehicle if one was used.
Keep patrols continually and regularly informed.
If vehicle is located, appoint an OC vehicle scene.
192
What should be done at the scene of a robbery with regard to scene examination?
A CIB member should be OC at each scene.
Establish area contaminated and preserve it.
Retain one principal witness for reconstruction then clear the rest from the scene.
Arrange attendance of experts.
Prepare plan of the premises.
Uplift any CCTV.
Obtain any documentation/serials of items stolen.
OC scene coordinates seizure and security of exhibits.
Obtain control samples.
Give the OC enquiry a reconstruction of scene activity.
193
What should be done at the scene of a robbery with regard to victim and witness enquiries?
Appoint an OC witness to coordinate interviews and arrange for statements to be obtained.
Obtain any physical evidence.
Complete a medical examination where necessary.
Consider a "compusketch"
Tell witnesses not to comment to the media.
Refer to VS.
194
What should be done with a robbery investigation with regard to general enquiries?
OC enquiry appointed.
Inform other staff.
Do not release details about money stolen unless there are valid reasons to do so.
Conduct area and local enquiries.
Consider businesses with other security recording devices (service stations etc).
Distribute information as appropriate and consider obtaining replica items for enquiry purposes.
195
What should be done with a robbery investigation with regard to suspect enquiries?
If there is no firm line of enquiry, give priority to anonymous information.
Be extremely cautious when dealing with suspects.
Use any and all available material and lines of enquiry to ID suspects.
Consider witness ID.
Investigate suspects thoroughly and according to priority.
196
What steps should be taken when executing a search warrant in relation to a robbery?
1 - Appoint an OC Exhibits.
2 - Ensure that suspects are present during the search.
3 - Photograph property and vehicles.
4 - Seize the stolen property, suspect's clothing and footwear, weapons and any other evidence connecting the suspects with the robbery.
5 - Obtain suspect's explanation for the seized exhibits being in their possession.
6 - Issue a receipt for property seized (268).
197
What steps should be taken after suspects for a robbery are located?
Separate them an appoint an OC for each suspect. Search and secure evidence.
Rights caution/video interview.
Consider swabbing for gunpowder on the suspects hands and faces if weapons fired.
Consider medical examination.
Consider various means of ID.
Obtain finger/palm prints and photos of front and side face, full length front and side, injuries and DNA samples.
Consider charges.
Issue offender report.
198
What "final action" steps should be taken in relation to a robbery?
Complete enquiries to corroborate suspect statements, negate defences and alibis and identify recovered property.
Arrange for ESR to examine exhibits, armourer to examine firearms and recovered property to be fingerprinted and photographed.
Consider photogrammetry to match exhibits to security video/photos.
Prosecute suspects, considering court order for forfeiture of the weapon used, and disqualification/confiscation of any motor vehicle used.
Ask for FLIC's to be revoked.
Advise victim of outcome and complete file.
199
What steps should be taken when investigating a street robbery?
Dispatch a unit to locate and interview the victim, and provide a SITREP.
10-1 to all units.
Arrange mobile patrols in search of suspects.
Initiate checks and nightclubs/video parlours.
Take full statements from victims and witnesses.
Arrange for medical examination of victim.
Complete OR
Conduct general enquiries as for robbery on premises.
Deal with suspects as appropriate.
