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Foundation Learning > Must-knows Of Foundation Learning > Flashcards

Must-knows Of Foundation Learning Flashcards

1
Q

What is the hierarchal order of the courts within the judicial system of New Zealand, from the lowest to the highest?

A

District Court
High Court
Court of Appeal
Supreme Court

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2
Q

What does the doctrine of precedent mean?

A

Requires lower courts to observe the decision of higher courts, and are bound by their decision

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3
Q

What are the roles of the individual courts?

A

District - Category 1,2,3 offences

High court - Category 4 offences, with some 3

Court of appeal - Appeals only

Supreme Court - Appeals only

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4
Q

Appeals in Criminal Cases are made to which courts?

A

Category 4 offences.

High Court, Court of Appeal, Supreme Court

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5
Q

What are the four categories of offences?

A

Category 1 - Fine only
Category 2 - Imprisonment under 2 years, community based sentence and/or fine.
Category 3 - Imprisonment 2 years or over, with the right to elect trial by jury.
Category 4- Offences that must be heard in the high court. Most serious under the Crimes Act 1961. E.g murder

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6
Q

What is section 7 of the Victims’ Right Act 2002?

A

Courtesy, Compassion and respect for victims personal dignity and privacy.

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7
Q

What is section 8 of the Victims’ Right Act 2002?

A

Access to services -
A victim or member of a victims family who has welfare, health, counselling, medical, or legal needs arising from the offence should have access to services that are responsive to those needs.

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8
Q

What is section 11 of the Victims’ Right Act 2002?

A

Inform Victims of services available -
Members of police, officers of the court, and health and social services personnel should inform victims at the earliest opportunity of the programmes, services and remedies available to them.

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9
Q

What is section 12 of the Victims’ Right Act 2002?

A 
Supplying Information -
The prosecuting authority must advise the victims of the:
- progress of the investigation
- charges filed or action taken
- date and place of proceedings
- role of the victim as a witness
- outcome of proceedings
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10
Q

What is section 51 of the Victims’ Right Act 2002?

A

Return of Property-

A person’s property (other than property of the offender) held for evidential purposes must be returned as soon as practicable

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11
Q

Describe who is a victim under the Victims’ Rights Act 2002?

A

A person whom an offence is committed by another person, suffers physical injury, or loss of, or damage to property.
A parent of legal guardian of a child or young person.
A member of the immediate family of a person is a victim.

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12
Q

Explain the purpose of Section 29 of the Victims Right Act.

A

A Specified offence:

  • Part 7 - section 143 and 144; or
  • Section 216H to 216J of the Crimes Act 1961
  • Serious Assault
  • Serious injury/death
  • Ongoing fears of victim of physical safety
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13
Q

Explain the obligation that S29 Victims Right Act places on police

A

Police must determine whether the offence is one that comes under S29 as a soon as practicable after they come into contact with a victim.
If it does, the victim must be informed of their right to be on the Victim Notification Register and to be notified about the bail, release, escape and death of the offender and accused.

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14
Q

Why is it important to maintain contact with victims of crime?

A

The police’s role in assisting victims is greatly enhanced when the victims are advised of every step in the process.
See section 12 - supplying information Of the Victims Rights Act.

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15
Q

Explain the purpose of the NIA Victims Code Node (VCN)

A

Each contact with a victim must be added to the VCN.

Keeps the victim updated on bail conditions etc.

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16
Q

Explain the purpose of the CSV1 form including who receives this form?

A

Court Service for Victims Referral.
To ensure victims receive support from the Court Victim Advisor.
Police must ensure this is provided to the Court Victim Advisor on, or before, the day of the defendants first court appearance.

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17
Q

Define “Actus Reus”

A

Physical act or effort required to carry our the crime or offence

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18
Q

Define “Men’s Rea”

A

The intent of the offender. Guilty mind, when they committed the Actus Reus

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19
Q

Define ‘hearsay’ evidence?

A

1) the oral or written statement of a person who is not produced as a witness in court; AND
2) The statement is given by the court by another person, or in a document; AND
3) The purpose of the evidence is to prove the truth of what has been stated.

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20
Q

When can hearsay evidence be admissible?

A

Hearsay is inadmissible unless:

  • The person is unavailable, or
  • If it would cause undue expense or delay in obtaining the witness
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21
Q

What are the circumstances which indicate the reliability of a ‘hearsay’ statement?

A 
Contents of the statement
How the statement was made
Accuracy of the observation 
Nature of the statement
Truthfulness of the maker of the statement

CHANT

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22
Q

A person is unavailable as a witness if they are:

A

DUNCO

Dead
Unfit due to age, physical/mental condition
Not compellable
Cannot with reasonable diligence be identified or found
Outside of NZ and it is not reasonably practical to be a witness (video link is available)

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23
Q

What is the definition of ‘Opinion Evidence’?

A

Opinion evidence is an inference from observed facts.

Generally inadmissible as evidence. A witness is called to state facts, not his or her personal opinion.

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24
Q

When can someone give opinion evidence?

A

If it is an expert opinion.

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25
Q

Who is considered an ‘expert’?

A

Skilled by “special study” or experience in a particular field. R

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26
Q

When can someone give non-expert opinion evidence and it be admissible?

A 
For the purposes of:
Identification
Age
Handwriting
Mental/Physical Condition
27
Q

What is the definition of Propensity Evidence?

A

Evidence that tends to show a person’s propensity (tendency) to act in a particular way or to have a particular state of mind.

28
Q

Is ‘Propensity evidence’ admissible?

A

No, unless it is an issue at hand.

29
Q

Know the phonetic alphabet

A

Alpha
Bravo
Charlie
Delta… 3

30
Q

List the mandatory information for a 3T, in the correct order.

A
  • Location

- Vehicle Registration

31
Q

What are the four pre-alerting techniques?

A
  • QVR
  • SITREP
  • Job Details
  • Request
32
Q

Explain the composition of Police call signs:

A

Unit call signs:

  • 2 characters indications home station, area, district.
  • 1 Character indicating the unit type
  • Up to 3 characters which uniquely identify the unit
33
Q

What are the urgent call signs?

A

10-10 - Officer in immediate danger, all units to respond.

10-9 - Urgent message follows

34
Q

What does 10-1 mean?

A

A message for all unit on the channel follows

35
Q

What does 10-2 mean?

A

En-route to a CAD event previously dispatched

36
Q

What does 10-3 mean?

A

Available for dispatch to CAD events

37
Q

What does 10-7 mean?

A

Arrived at scene of a CAD event.

38
Q

What does 10-9 mean?

A

An urgent message follows

39
Q

What does 10-10 mean?

A

Officer in danger and requires immediate assistance.

40
Q

What does K-1 mean?

A

No further action required. Close CAD event.

41
Q

What does K-3 mean?

A

No offence disclosed, no further action required. Close CAD event.

42
Q

What does K-6 mean?

A

A written report will be submitted for this incident. Close CAD event.

43
Q

What does K-9 mean?

A

A person has been arrested. Close CAD event.

44
Q

What is a field event?

A

Field events are CAD records of self-initiated incidents reported by field units.

45
Q

What is the minimum information required for a field event?

A
  • Unit call sign
  • Location
  • Type of event
46
Q

What are some of the safety issues surrounding field events and mobility?

A
  • When creating field events in mobile responder, if there is no GPS signal the location defaults to the users home station
  • When creating 3Ts in eQuip with GPS, the location will be presented to the dispatcher int he form of co-ordinates
  • When creating 5Ks in eQuip (with our without GPS) the location defaults to the users home station.
47
Q

Explain the function of the district court.

A

To deal with category 1, 2 and 3 offences.

It also deals with youth, family.

48
Q

What must you remember before transmitting?

A

A- Accuracy
B- Brevity
C - Clarity

49
Q

What are the four components of speech characteristics?

A
  • Volume
  • Enunciation
  • Speed
  • Tone
50
Q

What does “professional safe cops communicate clearly” stand for?

A
  • Professional
  • Safety
  • Congestion
  • Command
  • Clarity
51
Q

What is the order of identification for radio transmissions?

A
  • Who you want (call sign or Comms)

- Who you are (callsign)

52
Q

Outline the process for charges filed in the District Court

A

1) Commencement
2) Administration
3) Review
4) Trial and
5) Disposition

53
Q

Explain the function of the high court?

A

The high court deals with appeals from the district court, category 4 offences and some category 3.

54
Q

Outline the process that occurs when a not-guilty plea is entered in district court

A

A review must be had, managed by CMM (Case Management memorandum)

The PPS (Police Prosecution Service) must do a file analysis on every file. The analysis will determine whether there is sufficient evidence to meet the test for prosecution.

55
Q

What does the term ‘election mean’?

A

Election is when a category 3 defendant, gets a choice, to elect for trial by jury or to stand by the current court.

56
Q

What does the term ‘adjournment’ mean?

A

The matter is set down for another date, at which time the defendant is expected to be there

57
Q

What does the term ‘remanded’ mean?

A

The matter is set down for another date, but the defendant is:

  • remanded on bail with terms attached, reporting clauses or
  • remanded in custody
58
Q

What does the term ‘convicted’ mean?

A

Conviction is entered on the court records

59
Q

What role does the ‘judge’ hold?

A
  • Overall responsibility of the court

- Decides on questions of law and forms an opinion of guilt according to the weight of facts received.

60
Q

What is the role of the ‘registrar’?

A
  • Reads out charges to the court
  • assists the judge in administration
  • Labels and number exhibits
  • Swears in witnesses
61
Q

What is the role of the ‘court orderly’?

A
  • Responsible for the discipline of the court
  • Swears in witnesses
  • Assists the prosecutor and defence counsel, as required.
62
Q

What is the role of the ‘media’?

A
  • Are supplied with a copy of information

- Record details of the case that are not suppressed, for public information

63
Q

What is the role of the ‘Court attendants’?

A
  • Call defendants
  • Call witnesses
  • Pass papers to the judge
  • Swear in witnesses
64
Q

What are the four welfare officers?

A
  • Maori Welfare Officer
  • Salvation Army Personnel
  • Clergy
  • Alcohol Assistance Programme Officers

Foundation Learning (7 decks)

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