Investigations Flashcards
(23 cards)
What is the aim of a police statement?
A formal way to provide a truthful, accurate and chronological account of police observations and actions.
What should statements include?
- Detailed event in chronological
order as witnessed - Actual words spoken
- A description of relevant persons
- Any details of exhibits
- All evidence both exculpatory and
inculpatory - Signature from the person making
the statement and a witness
What is MSG in relation to police statements being able to be read out in court?
M - Made at the time or soon after the event
S - Signed when it was made
G - Given to the accused person or their legal representation a reasonable time prior to the hearing.
What must not be disclosed in a statement? (Criminal Procedure Regulation 2017, Cause 9j)
Addresses
Date of birth
Phone numbers
What must be in all written statements?
Criminal Procedures Act, Section 283B
Must include endorsement and age
What is the endorsement?
This statement made by me accurately sets out the evidence which I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfuly stated in it anything which I know to be false or do not believe to be true.
In simple terms, what does the endorsement mean?
That all evidence given is true and not a lie and that the person giving the evidence may be found guilty of an offence if it is not true. Also the person may have to attend court in relation to evidence given.
What are the closing questions?
- Is there anything further you wish to say about the matter?
- Have the answers you have given to my questions been made of your own freewill?
- Has any threat, promise or offer of advantage been held out to you to give the answers as recorded in this notebook interview?
- Will you now read aloud my record of our conversation?
- Is it a correct record of our conversation?
- Will you now sign this interview as a correct record of our conversation?
What are the hearsay exceptions?
Common hearsay exceptions under the Evidence Act 1995
- Hearsay for a non-hearsay purpose (s 60)
- First-hand hearsay where the maker is unavailable (s 65)
- The identity of a person, place or thing (s 66)
- Contemporaneous statements about a person’s health (s 66A)
- Business records (s 69)
- Tags and labels (s 70)
- Telecommunications records (s 71)
- Admissions (s 81)
What is Inculpatory evidence?
Evidence that tends to incriminate.
What is Exculpatory evidence?
Evidence that tends to exonerate.
What are the required documents needed for a BOE?
A Brief of Evidence should, as a minimum, contain:
- Covering Sheet
- Charge Sheet (CAN)
- Fact Sheet
- Police Statement
- ERISP Transcript (If one was conducted)
- Victim / Witness Statement
For what offences can a Criminal Infringement Notice (CIN) be issued?
- Larceny (value under $300)
- Goods in custody
- Offensive language
- Offensive behaviour
- Obstruct person/vehicle/vessel in a
public place - Enter vehicle or boat without
consent of owner/occupier - Continuation of intoxicated
behaviour after a move on
direction
When can you NOT issue a CIN?
- To people seriously intoxicated or
drug-affected – they can’t
comprehend the procedure - For continuing offences
- To a person named in a warrant
- Where further investigation is
needed - For lawful demonstrations/protests
What is the maximum number of FPN’s that can be issued at any one time?
You can issue 4 FPN’s at any one time
How many TINs can you issue at any one time?
You can only issue a maximum of 4 TIN’s at any one time
Once an offence has occurred what is the time frame for service of a TIN?
- One (1) calendar month
- Three (3) months where the offence
cannot be verified or if a blood
sample has been taken
What is the statute of limitations for commencing proceedings in relation to a summary traffic offence?
- Six (6) months
What are the 5 things that are needed in a FACTS sheet?
- Relevant act of the accused
- Chronological account of the relevant acts of the accused
- What happened to the victim (if relevant)?
- What did the police do?
- Extra details the court may need to assist in sentencing
What are Antecedents?
The accused’s personal background that is relevant to deciding a fine/charge
What is the PEACE model?
It is a five-step model that guides an interviewer through the interview process
What are the two types of interview participants?
- Willing and cooperative participants:
victims, witnesses and suspects - Unwilling and uncooperative
participants: suspects, some
witnesses and victims
What does PEACE mean?
- Planning and Preparation
- Engage and Explain
- Account
- Closure
- Evaluation
