Level One Flashcards
(32 cards)
What does AAC stand for ?
All Apparently Correct.
What does AFM stand for ?
Affected Family Member.
What does C&R stand for ?
Caution and Rights.
In police communication codes what is a code 1 ?
On patrol / En route to a location.
In police communication codes what is a code 4 ?
Intercept with a vehicle / location and number of occupants.
In police communication codes what is a code 5 ?
At a location / Nominate address and job attending.
What does evidence consist of ?
Facts, testimony, documents and physical exhibits.
Which may legally be admitted in order to disprove the matter under inquiry.
What are the 2 rules of the Admissibility of evidence ?
Inclusionary and Exclusionary.
What is the primary Inclusion rule of Law is ?
Relevance.
We are not entitled to waste the courts time if it does not assist to reach such a decision.
What do Exclusionary rules assist with ?
The process of obtaining the truth by excluding evidence that is prejudicial or unreliable.
What are the basic rules of admissibility?
- hearsay
- opinion
- character
- discretion to exclude evidence
What are the exceptions to the Hearsay rule ?
- admissions and confessions.
- confession made through an
interpreter. - evidence given at the coroners court.
- bail applications
- protection applications
What are 2 of the most common exceptions to the opinion rule ?
- lay opinion
- specialized knowledge
What are some exceptions to the Character rule ?
- on a charge of loitering being a
known thief. - drive whilst disqualified.
- prohibited person possessing firearm.
When a Judge and Magistrate exercise discretion what is it called ?
” Judicial Discretion “
What is Direct Evidence ?
It is the testimony of a witness that he or she perceived a fact in issue with one of his or five senses.
Ie. SEEN, HEARD, FELT, SMELT or TASTED.
What is real evidence ?
Is where a party proves a fact by producing the actual object such as the murder weapon.
What is documentary evidence ?
Is another form of direct evidence.
Documents may be used as evidence but authenticity must be established. Examples of these are anything on which there is writing, marks, symbols, perforations having a meaning as well as anything from which sounds, images or writings can be reproduced with or without the aid of anything else.
What is an example of documentary evidence ?
A certificate in accordance with the road safety act.
What does Corroborative Evidence mean ?
Other independent evidence tending to support the truthfulness and accuracy of evidence already given.
What is cross examination ?
Is where the witness is questioned by the opposing party with the aim of casting doubt on the witnesses evidence.
What is evidence in chief ?
Is evidence given when the witness first enters the witness box and usually comprises all the the information contained in his statement.
What is an EX PARTE HEARING ?
An application made by one party, or a hearing conducted, in the absence of the other party. This enables cases to be heard in the absence of the accused.
What is PRIMA FACIE ?
AT FIRST SIGHT, ON THE FACE OF IT, ON THE FIRST IMPRESSION.
Sufficient evidence has been adduced to warrant conviction unless the accused argues his defence. Once established in committal proceedings, it means the crown has adduced sufficient evidence to justify the accused stand trial in a higher court at a later date.
