PPP146: Investigative Practice. Flashcards
(110 cards)
1
Q
What does S-T-O-P-A-R stand for?
A
S-T-O-P-A-R:
STOP: Focus on the new situation and identify the issue/problems/risks.
THINK: Identify key situational factors who what is involved.
OBSERVE: Gather all of the situational information.
PLAN: State the best option and plan how you will justify and implement it.
ACT: Implement your chosen option.
REVIEW: Monitor effectiveness during and after implementation.
2
Q
What does P-O-L-I-C-E stand for?
A
P-O-L-I-C-E: Policy and Procedures Officer safety Legislation Investigation Customer service Ethical decisions
3
Q
What does P-E-A-C-E stand for?
A
P-E-A-C-E:
- Planning and Preparation
- Engage and Explain
- Account
- Closure
- Evaluation
4
Q
Why do Police conduct investigations?
A
- TO SEARCH FOR THE TRUTH! (GET G) • Gather evidence. • Examine evidence. • Test evidence. • Give witness, victims, offenders a chance to tell their side and help recall matters and build rapport.
5
Q
Why do police interview?
A
Why police interview: · Gain the truth. · Gain Intel. · Establish fact from fiction. · Establish identity of witness/victim.
6
Q
Who do Police interview?
A
Who police interview:
• Witnesses
• Victims
• Offenders
7
Q
What is involved in the ‘Plan and Prepare’ stage of the PEACE Model?
A
Plan and Prepare:
• Time- Right time to conduct interview.
• Place- Right place to conduct interview.
• Person- do you have the right skills/training.
• Relevant questions not about offence elements.
• What are the elements of offence (who did it, what they did, who they did it to).
• Resources.
• Evidence (receipts, weapons etc.).
• Support persons if needed.
• Safety of all involved.
• Does the person/s understand English.
8
Q
What is involved in the ‘Engage and Explain’ stage of the PEACE Model?
A
Engage and Explain:
• RESPONSE.
• Introduction.
• Build rapport.
• Open body language.
• Explain (why they are here, what will happen, legal consequences/requirements, process of interview).
• Assess communication style and adopt.
• Actively listen.
• Do not give away information about the case.
• Make a good first impression as it will set the tone.
9
Q
What does R-E-S-P-O-N-S-E stand for and when is it used?
A
R-E-S-P-O-N-S-E (PEACE model Engage Step): • Respect. • Empathy. • Supportiveness. • Positiveness. • Openness. • Non judgemental attitude. • Straightforward talk. • Equals.
10
Q
What is involved in the ‘Account’ stage of the PEACE Model?
A
Account (Actual action stage of the interview): • Time/date/place. • Witness details. • Endorsement (paragraph 1). • Witness / Victim age (paragraph 2). • Account (Paragraph 3 Chronological order). • Chronological order. • Clarification of events of offence. • Use TEDS. • 5WH on focal points. • Open and closed questions. • Signatures. • Provide Name/Rank/Station/Date of officer at end of statement.
11
Q
What is the Endorsement?
A
- (Regulation. 3.6 Local Court Rules 2009)
- Requirement for all indictable matters under Section 79 (3) Criminal Procedures Act 1986,
- Requirement for all summary matters under Regulation 3.13 Local Court Rules 2009.
“This statement made by me accurately sets out the evidence that 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 wilfully stated in it anything that I know to be false, or do not believe to be true.”
2. I am XX years of age.
12
Q
Statements must:
A
Statements:
S. 79 CPA – Statements must contain endorsement and age. OR R. 3.13 (2) LCR 2009.
s. 81 CPA – Written statement must be signed by its maker or person on the maker’s behalf.
s. 82 CPA – Written statement must be signed by witness.
R. 3.6 LCR 2009 - Wording of the endorsement.
13
Q
Endorsement Sticker must:
A
Must be signed by the witness (across the sticker and the notebook page) to show that the endorsement was in fact in the notebook at the time of making the statement.
14
Q
4 skills of interviewing (PARQ):
A
- Planning and Preparation
- Actively listening
- Rapport building
- Questioning
15
Q
What are Open Questions?
A
Open questions:
An open question is a question that does not invite a yes or no response, and requires a more detailed answer.
16
Q
What are the advantages of open questions?
A
- Encourage interviewees to provide detailed answers.
- Allows interviewees to give full account in their own words.
- They prompt lengthy more detailed responses.
- Responses are less likely to be contaminated by interviewer.
- Open questions are neutral they do not pre-empt the interviewees response.
17
Q
Open questions using TEDS:
A
(TEDS): • Tell me. • Explain to me. • Describe for me. • Show me.
18
Q
What are the Focal Points in a statement?
A
Focal points:
• Main points of the statement.
• E.G. “I was walking down the road/a man came up to me/grabbed my handbag/and took off”.
19
Q
Probing questions (5WH):
A
Expand and clarify the focal points using 5WH Questions: • What? • Who? • Where? • When? • Why? • How?
20
Q
Taking descriptions - People and Objects:
A
Descriptions People and Objects:
Are covered as the interview progresses-
• Descriptions of people- head to toe, toe to head.
• Descriptions of objects- front to back, back to front.
21
Q
What are Closed Questions and why are they used?
A
Closed questions:
- Used to obtain more affirmative answers for specific questions.
- Incite ‘yes’ or ‘no’ answers.
22
Q
What does A-D-V-O-K-A-T-E stand for?
A
A-D-V-O-K-A-T-E:
- Amount of time under observation.
- Distance from the incident/person when observing.
- Visibility (dark, light).
- Obstruction to line of sight.
- Known or seen before (do they know the person).
- Any reason to notice (what made you notice).
- Time since (how long did they see the witness/ incident).
- Eyewitness - Eyewitness discrepancies.
23
Q
What is involved in the ‘Closure’ stage of the PEACE Model?
A
Closure:
• Provide event number as soon as possible (if applicable).
• Contact and advise what the progress is within 7 days.
• Should encourage witness to contact if they recall any other information.
• Needs to explain what will happen next and make sure they understand the legal requirements.
• Thank witness for cooperation.
• Should not discuss other witness accounts or evidence gathered.
• Make sure you have their details and they have yours.
• Provide victim card.
24
Q
What is involved in the ‘Evaluation’ stage of the PEACE Model?
A
Evaluation • Review information gathered. • Consider reliability of information gathered. • What is missing? • Any new lines of enquiry arising? • What went well and not so well and why? • What would be done differently? • What needs to be done next?
25
Types of statement format:
Statement formats:
• Narrative (Best accepted).
• Q/A (usually for children, non english speaking people or mentally challenged).
26
What does 'EFIMS' stand for and what is it?
EFIMS:
(Exhibits Forensics Information and Miscellaneous Property System)
• Record exhibits.
• Record miscellaneous property.
• Create Scene Attendance and Forensic Analysis jobs.
• Transactions: Logging item movements (including chain of custody).
• Forensic results.
• EFIMS integrates with COPS and NSW Health DAL.
27
What is Locard's Principle Of Exchange? (Crime Scenes)
Locard’s principle of exchange:
| "Every contact leaves a trace"
28
When do you establish a crime scene? (PSW)
* Primary location of a crime.
* Serious traffic accident that has resulted in serious injury or death.
* Where a crime has taken place and ended up elsewhere.
29
What to do in relation to criminals at a crime scene? (3SSS's)
```
The 3 SSS's:
In relation to criminals at a crime scene:
• Secure
• Search
• Seperate
```
30
What is a Primary Crime Scene?
Primary Crime Scene:
• Is the area in the immediate vicinity of where the event occurred.
• E.G. The bank where the robbery occurred.
31
What is a Secondary Crime Scene?
Secondary Crime Scene:
• May not be in the immediate vicinity of the primary crime scene but which may still afford evidence of the event.
• E.G. The location where a bank robber dumps his car.
32
What is the Inner Perimeter of a Crime Scene?
Inner Perimeter:
| An exclusion zone ideally only accessed by the crime scene examiner and persons invited by the examiner.
33
What is the Outer Perimeter of a Crime Scene?
Outer Perimeter:
The outer extremity of the crime scene preventing all members of the public and others that do not have a need to be near the crime scene.
34
S. 88 LEPRA – Crime scene powers may be
| exercised if PO lawfully on premises:
S. 88 LEPRA – Crime scene powers may be
exercised if PO lawfully on premises:
PO lawfully on a premises may:
• Establish a crime scene
• Exercise crime scene powers
• Stay on the premises for these purposes
35
89 LEPRA – Application of part to premises:
S. 89 LEPRA – Application of part to premises:
• Crime scenes may be established anywhere (both private premises and public places).
• No crime scene warrant is necessary for a public place.
36
S. 90 LEPRA – When a crime scene may be
| established:
S. 90 LEPRA – When a crime scene may be
established:
PO may establish a crime scene if they suspect a offence has been committed in connection with:
• A traffic accident resulting in a death or serious injury to a person or,
• A serious indictable offence (imprisonment 5+ years) or,
• To preserve or search for and gather evidence in relation to a serious indictable offence.
AND
• If the serious indictable offence is not applicable to NSW law but is nonetheless an offence to another state or territory.
37
S. 91 LEPRA – Establishment of crime scene:
S. 91 LEPRA – Establishment of crime scene:
A PO:
• May establish a crime scene on premises in any way that is reasonably appropriate.
• Who establishes a crime scene must, if reasonably appropriate give the public notice that the premises is a crime scene.
• Crime scene may not be established on the same premises more than once in a 24 hour period unless a crime scene warrant is obtained.
38
S. 92 LEPRA – Exercise of powers at crime scene:
S. 92 LEPRA – Exercise of powers at crime scene:
PO may exercise the following crime scene powers in an established crime scene:
s. 95(1)(a)-(f) - without a warrant.
s. 95(1)(g)-(p) - with a warrant (unless a public place) and,
• PO must suspect on reasonable grounds it is immediately necessary to exercise these powers for the preservation of evidence.
• May only exercise crime scene powers no more than 4 hours (or not more than 6 hours in rural area) unless a crime scene warrant is obtained.
39
S. 93 LEPRA – Notice to senior PO where
| warrant not required:
S. 93 LEPRA – Notice to senior PO where
warrant not required:
PO must notify a senior PO if crime scene has been established for 4 hours or less (6 hours or less in rural).
40
S. 94 LEPRA – Crime scene warrant:
S. 94 LEPRA – Crime scene warrant:
PO may apply for a crime scene warrant if they suspect on reasonable grounds it is necessary to exercise crime scene powers
at specified premises for the purpose of preserving, or searching for and gathering, evidence of the commission of:
• A traffic accident resulting in a death or serious injury to a person or,
• A serious indictable offence (imprisonment 5+ years).
A Crime scene warrant will last 24 Hours.
41
S. 95 LEPRA – Crime Scene Powers-
| Preservation Powers:
PO may exercise the following powers in relation to a crime scene:
Preservation Powers (no warrant required)
a) Direct a person to leave or remove a vehicle, vessel or aircraft.
b) Remove a person, vehicle, vessel or aircraft who fails to comply with a direction to leave.
c) Direct a person not to enter.
d) Prevent a person from entering.
e) Prevent a person from removing evidence or interfering with the crime scene and detain/search the person if necessary.
f) Remove or cause to be removed an obstruction.
42
S. 95 LEPRA – Investigation Powers:
S. 95 LEPRA – Investigation Powers:
Investigation Powers (warrant required if private premises, none if public place)
g) Perform any necessary investigation (eg: search the crime scene and inspect anything in it to obtain evidence of the commission of an offence.
h) Conduct any examination or process.
i) Open anything at the crime scene that is locked.
j) Take electricity, gas or any other utility, for use at the crime scene.
k) Direct occupier/manager of the premises to maintain a continuous supply of electricity.
l) Photograph or otherwise record the crime scene and anything in it.
m) Seize/detain anything that might provide evidence in relation to the offence.
n) Dig up anything.
o) Remove walls, ceiling linings or floors of a building, or panels of a vehicle.
p) Any other function reasonably necessary or incidental to the above.
- Seize or detain includes a power to remove the thing from the crime scene and guard it
- May exercise crime scene powers w/o warrant if lawfully on premises and occupier consents.
43
S. 11 LEPRA- Identity may be required to be
| disclosed:
S. 11 LEPRA- Identity may be required to be disclosed:
A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence, because the
person was at or near the place where the alleged indictable offence occurred whether before, when, or soon after it occurred.
44
What do you do with Witnesses/Victims at crime scenes?
Witnesses/Victims at crime scenes (RID):
• Record- Their name, address, contact details.
• Isolate- To avoid contamination of recollection of events.
• Detain- Where possible and with consent.
• If indictable offence, section 11 LEPRA applies.
45
What is considered Forensic Evidence at a crime scene?
```
Forensic evidence at a crime scene:
• Biological specimens.
• Flammable liquids.
• Fire debris.
• Paint samples.
• Gunshot residue.
• Glass.
• Bite marks.
• Metal.
• Tool mark impressions.
• Botanical specimens.
• Fibres and threads.
• Documents.
• Fingerprints.
• DNA.
```
46
First officer at the scene (duties):
First officer at the scene:
• Assess hazards (eg: electrical, gas, chemical) and take appropriate action.
• Check for signs of life.
• Render or arrange first aid.
• Determine the nature and size of the scene.
• Determine an entry point for the crime scene (a point not used by the suspect).
• Remove all people from the scene through the entry.
• Point and record witnesses’ particulars including their driver’s licence number.
• Call a supervisor if necessary to coordinate control of the scene (scene coordinator).
• Call a forensic investigator / crime scene officer.
• Call investigators.
• Define the boundary of the scene with police crime scene tape.
• Protect endangered physical evidence, record action in your notebook.
• Record any action which might have changed the scene eg: forcing entry or moving objects.
• Guard and prevent entry to people, regardless of rank or status, who do not have a specified task to perform.
• Advise the duty operations inspector (DOI), senior operations officer (SOO) or local
commander of your call sign, name, location of scene control point and boundary position of scene tape.
• Record a log in your notebook, including rank, name, station, time of entry and exit and reason for specified tasks for each person entering the scene until you are formally relieved.
• Provide the senior investigating officer (SIO) and forensic investigator/crime scene officer with all information before you leave.
• Obtain the signature of the SIO in your notebook when you are relieved of recording duties.
47
What is a Brief of Evidence?
Brief of Evidence (BoE):
A method of presenting evidence to the Court that you have gathered. The purpose is to establish the elements of the offence(s), negate possible defences and identify the defendant as the person who committed the offence. It contains all the info you will produce at court.
48
What are the contents of a Brief of Evidence?
Brief of Evidence Contents:
• Brief covering sheet.
• Index of documents.
• Copy of form 1 (Indictable), Service of Summary Brief Notice.
(Summary Coronial Matters)
• Charge sheet/s.
• Facts sheet.
• Criminal/Traffic History.
• Witness list/contact details (whether witness has copy of statement).
• Exhibits list.
• Exhibits (e.g. documents, photos, charts, warrants, etc.).
• Unavailable dates of all witnesses (six months ahead).
• Expert witness statements.
• Police statements.
• Owner/victim/complainant statements.
• Record of interview (Notebook/ERISP).
• Record of Interview Adoption Statement.
• ERISP Synopsis and Transcript.
49
Opinion Evidence:
Opinion:
In court it is the function of the tribunal to determine the facts given by the witness in the matter it is not up to the witness to determine the fact.
50
What are two types of Opinion Evidence?
2 Types of Opinion Evidence:
• Lay (opinion)(Something you have believed or experienced and so can give your opinion).
• Expert (Something an individual has studied or are qualified in and are able to give expert evidence).
51
How do you avoid jumping to conclusions? (FEAR)
```
(FEAR)
• Focus on directly observable facts.
• Entertain different possibilities.
• Accept uncertainty.
• Resist unnecessary interpretations or predictions.
```
52
S. 76 Evidence Act 1995 – Opinion Rule:
S. 76 Evidence Act 1995 – Opinion Rule
| Generally witnesses may not express an opinion or draw inferences.
53
S. 78 Evidence Act 1995 (NSW) (Lay Opinion):
S. 78 Evidence Act 1995 (NSW) (Lay Opinion):
The court will permit a person who is not testing as an expert to testify in the form of an opinion if the opinion is both rationally based on the person's perception and helps to explain the witness's testimony.,
Is generally based on what a person saw, heard or other wise perceived.
Examples of lay opinion:
• Age or size
• Speed
• Sobriety
• Time and distance
(Court deems that the person does not have to have to be an expert to give this evidence)
54
S. 79 Evidence Act 1995 (NSW) (Expert opinion):
S. 79 Evidence Act 1995 (NSW) (Expert opinion):
The court permits a person to give an opinion on a subject where they have a, "specialised knowledge based on the person's training, study or experience" and on which the opinion is "wholly or substantially based".
Examples of expert opinion:
• Doctor giving evidence in relation to injuries suffered.
• Mechanic in relation to a vehicles roadworthiness.
• Handwriting expert giving evidence in relation to handwritten note.
55
What is Hearsay?
Hearsay:
From a policing perspective, hearsay most often involves information a witness (police or civilian) knows because they were told about it from someone else. It's that information the witness did not perceive first hand with their own senses. Their knowledge of the information comes from another person or another source and is therefore second hand and less reliable
than the information from the person who actually perceived it firsthand can give.
56
What are Inferences?
A conclusion in the mind based on what you have heard.
57
What criteria does Evidence have to meet to be admissible?
- Relevant.
- Reliable.
- Fair.
58
Why hearsay is excluded in court?
The truth of the statement cannot be tested unless the person who made the statement is called to give evidence and be cross
examined.
If a hearsay witness dies or can not show before court, prosecution must apply for the their statement to be used in court.
59
Admissibility of hearsay:
Hearsay evidence is generally not admissable.
It is not your role to determine what is or is not admissible or relevant. That is the exclusive domain of the court and the Judiciary.
As a PO you must justify why you may have searched someone:
E.G. you did not search someone because they may have had a knife, you searched them because you were told by a third person they have a knife and so your search was justified because you believed on reasonable suspicion that they may have had a knife.
60
Exceptions to Hearsay Evidence (FITBATCH):
Exceptions to Hearsay Evidence (FITBATCH):
F – First hand hearsay, person unavailable. s. 65 EA
I – Identification of a person, place or thing. s. 66 EA
T – Tags, labels and writing. s. 70 EA
B – Business records. s. 69 EA
A – Admissions. s. 81 EA
T – Telecommunication and electronic records. s. 71 EA
C – Contemporaneous notes about a person’s health. s. 66A EA
H – Hearsay for non-hearsay purposes. s. 60 EA
61
When to CAUTION (RUN W):
When to CAUTION (RUN W):
• Reasonable grounds to suspect they've committed an offence.
• Under arrest.
• Not free to leave.
• When they have the impression they are not free to leave.
62
What is a Criminal Infringement Notice?
Criminal Infringement Notice (CIN):
A form of Fixed Penalty Notice (FPN) where a fine can be paid instead of going to court.
• Identity must be confirmed.
• Maximum 4 issued at one time.
• Multiple offences to be dealt in same manner.
63
What are the 4 Aims of CIN’s (SPAM):
```
4 Aims of CIN’s (SPAM)
S – On the Spot.
P – Less Paperwork.
A – Alternative Legal process.
M – Minor matters.
```
64
Traffic infringement notices (TIN's):
Traffic infringement notices (TIN's):
Issued for traffic related offences:
•Can only issue a maximum of 4 TINs at any one time.
•Different time frames for service. For example:
1 month when offence has been verified;
3 months when offence cannot be verified or a blood sample has been taken.
65
What is a Field Court Attendance Notice? (FCAN)
Field Court Attendance Notice (FCAN):
| A way of charging someone with an offence and providing a court date. Issued on the spot or mailed (if they leave).
66
What are the rules when issuing a FCAN?
Rules when issuing a FCAN:
- Identity must be confirmed.
- Offence listed in FCAN guide card.
- No further investigation required in order to commence criminal proceeding.
- Accused will appear in court.
- Offence will not continue.
- Bail conditions not required.
- Accused will not interfere with evidence or investigation.
- Accused will not intimidate victim/witnesses.
67
What are the 4 reasons for NOT issuing FCAN (JAWS)?
4 Reasons for NOT issuing FCAN (JAWS):
J – Juveniles, except traffic offences when of a licensable age.
A – Accused under the influence of drugs or Alcohol.
W – Accused has outstanding Warrants (must be returned to a station first).
S – Strictly indictable and domestic violence offences are committed.
68
FCAN Copy's:
FCAN Copy's:
White – Court
Yellow – Defendant
Blue – Book
69
What is a Future Service Court Attendance Notice? (FSCAN)
Future Service Court Attendance Notice (FSCAN):
Similar to a FCAN but when further investigation is required. Served or mailed.
• Court date must fall between 6-22 weeks after date of issue.
• PO may apply to court for substitute service (fax, mail, email. (indictable offences only)
• If accused cannot be located, becomes a ‘Wanted CAN’ so other police know.
• Summary offences PO may serve to accused, to a person at work/home or OIC if in a correctional centre (post, fax or email).
• Indictable offences PO may serve to accused, to a person 16+ at work/home or OIC if in a correctional centre.
• If serving by post must be at least 21 days before court date.
• If not served after 22 weeks, PO may apply for an arrest warrant.
70
What is a Facts Sheet?
Facts Sheets:
A document the prosecutor presents to the court when an accused person enters a plea of guilty to a criminal offence. Their importance in communicating to the court the details of the police allegation (and the elements of the offence) against the accused cannot be overstated.
71
What are the parts of a Facts Sheet?
Parts of a Facts Sheet:
• Key ingredients.
▪ Antecedents, the disclosure of offences.
• Additional ingredients.
▪ information about witnesses, identification methods, forensic evidence, investigation procedures, admissions, and suspicion
• Procedural ingredients.
▪ Co-offenders, victim(s), injuries, property/drug value, compensation, mental health issues, DNA, drug and other expert evidence.
72
When are Facts Sheets prepared?
Facts Sheets are prepared:
Whenever criminal proceedings are instigated:
• FCAN
• FSCAN
• Arrest (Bail or No conditions bail CAN)
73
Police Statements:
Police Statements:
S. 33 EA – Evidence given by police officers -
PO may read their written statement while giving evidence in chief if:
M – Statement was made by PO contemporaneously (during or soon after occurrence).
S – PO signed the statement when it was made, and,
G – Copy of the statement has been given to the defence at least 21 days before court date.
74
Rule for the information about the maker of the statement:
IMPORTANT:
Addresses, dates of birth and phone numbers pertinent to the maker of the a statement are NOT to be disclosed on written statements.
75
Coroner Reportable Deaths:
Coroner Reportable Deaths:
• Violent or unnatural.
• Sudden or cause(s) of which are unknown.
• Unusual or suspicious circumstances.
• Not been treated by a medical practitioner within six months of their death.
• Not the “reasonably expected outcome of a health-related procedure”.
• A resident in a psychiatric hospital, including patients temporarily absent.
76
Expand on ADVOKATE:
A- Amount of time under observation.
D- Distance from the incident/person when observing.
V- Visibility (dark, light etc).
O- Obstructions in lie of sight.
K- Known or seen before (do you know the person).
A- Any reason to notice (what made you notice).
T- Time since (how long did they see the witness/incident).
E- Eyewitness discrepancies.
77
How do you avoid jumping to conclusion?
(FEAR):
- Focus on directly observable facts.
- Entertain different possibilities.
- Accept uncertainty.
- Resist unnecessary interpretations or predictions.
78
What are some offences you cannot issue a CIN for?
- DV Offences.
- People seriously intoxicated or drug affected - they can't comprehend the procedure.
- Continuing offence.
- A person named in a first instance warrant.
- Where further investigation is
needed.
- Serving police officers.
- Assault offences.
- Lawful demonstrations/protests.
79
What are some Investigation powers that fall under LEPRA Section 95?
g) Perform any necessary
investigation.
h) Conduct any examination or process.
i) Open anything at the crime scene that is locked.
k) Direct occupier/manager of the premises to maintain a continuous supply of electricity.
l) Photograph or otherwise record the crime scene and anything in it.
m) Seize/detain anything that might provide evidence in relation to offence.
n) Dig up anything.
o) Remove walls, ceiling linings or floors of a building, or panels of a vehicle.
p) Any other function reasonably necessary or incidental to the above.
- Seize or detain includes a power to remove the thing from the crime scene and guard it.
- May exercise crime scene
powers w/o warrant if lawfully on premises and occupier consents.
80
What are some preservation
| powers under Section 95 LEPRA?
a) Direct a person to leave or remove a vehicle, vessel or aircraft.
b) Remove a person, vehicle or aircraft who fails to comply with a direction to leave.
c) Direct a person not to enter.
d) prevent a person from entering.
e) Prevent a person from removing evidence or interfering with the crime
scene and detain/search the person if necessary.
f) Remove or cause to be removed an obstruction.
81
What are the aims of a
| CIN?
```
(SPAM):
S- On the Spot
P- Less Paperwork
A- Alternative to Arrest
M- Minor matters
```
82
What are the 2 Types of opinion evidence?
Lay opinion. Something you have believed or experienced and so can
give your opinion. E.g. He was very drunk.
Expert
Someone who has studied and is qualified in that specific area.
83
What are the circumstances you do not issue a FCAN?
```
(JAWS):
J- Juveniles
A- Accused under the influence of drugs or alcohol.
W- Warrants outstanding.
S- Strictly indictable and DV offences.
```
84
What are the considerations of determining the size of a
| crime scene?
- Number and type of casualties.
- Property damage.
- Type of incident.
- Hazards.
85
What are the exceptions
| to hearsay?
```
FATBITCH
F- First hand hearsay.
A- Admissions.
T- Tags and labels.
B- Business records.
I- Identification of a thing, place or person.
T- Telecommunication records.
C- Contemporaneous notes.
H- Hearsay for non hearsay
purposes.
```
86
What are the 7 deadly CIN's?
```
GOOOCLE
G- Goods in custody.
O- Offensive language.
O- Offensive conduct.
O- Obstruction of traffic/pedestrians.
C- Continuation of offence.
L- Larceny
```
87
What are the focal points of a statement?
They are the main points within a statement which you can draw on to ask further questioning.
88
What are the methods in which interviews can be conducted?
```
(WET F):
Written
Electronic
Typed
Face to face
```
89
What is a Brief of Evidence?
It is a method of presenting evidence to the court that you have gathered. The purpose is to establish the elements of the offence(s),
negate possible defences and identify the defendant as the person who committed the offence. It contains all the info you will produce at court.
90
What is hearsay?
Colloquially if refers to information gathered by words of mouth rather than in writing or by experience, usually with the implication that it may be unreliable.
91
What is Locards principle of
| exchange?
Every contact leaves a trace.
92
What is an Inference?
A conclusion in the mind based on what you have heard.
93
What is the caution under
section 139 of the evidence
act?
"I am going to ask you some questions. You do not have to say or do anything if you don't want to. Do you understand that?
We will record what you say or do. We can use this recording in court. Do you
understand that?"
94
Why do Police investigate?
- TO SEARCH FOR THE TRUTH!
| - To gather evidence.
95
What is the 'RESPONSE'
| mnemonic?
```
R- Respect
E- Empathy
S- Supportiveness
P- Positiveness
O- Openness
N- Non Judgemental Attitude
S- Straightforward talking
E- Equals
```
96
When are deaths reported to the coroner?
- When they are violent and unnatural.
- Sudden or unknown causes.
- Unusual or suspicious circumstances.
- Not been treated by a medical practitioner within six months of their death.
- Not the "reasonably expected outcome of a health related procedure".
- A resident in a psychiatric hospital, including patients temporarily absent.
97
When can a crime scene be established?
- When a serious indictable offence has occurred.
- When there is evidence to a serious indictable offence.
- When a serious traffic accident has occurred resulting in death or serious injury.
98
Where can you establish a
| crime scene?
- Primary location to a serious Indictable offence.
- Secondary Location.
- When a serious traffic accident resulting in serious injury or death has occurred.
99
When should you caution
| someone?
(RUN W):
- Reasonable grounds to suspect they've committed an offence.
- Under arrest.
- Not free to leave.
- When they have the impression they are not free to leave.
100
T-H-I-S (When you suspect something is not right):
- Time.
- History.
- Intelligence.
- Situation.
101
Ways to Conduct interviews (WET F):
* Written.
* Electronic.
* Type written.
* Face to face.
102
P-E-A-C-E Model:
1. Planning and Preparation.
2. Engage and Explain.
3. Account.
4. Closure.
5. Evaluation.
103
Considerations of determining the nature/size of a crime scene (NPTH):
* Number and type of casualties.
* Property damage.
* Type of incident.
* Hazards.
104
7 Deadly CIN's (GLOOOUC):
1. Goods in custody (value under $300) – s. 117 & s. 527c CA
2. Larceny (value under $300) – s. 117 CA
3. Offensive language – s. 4a SOA
4. Offensive conduct – s. 4 SOA
5. Obstructing traffic – s. 6 SOA
6. Unlawful entry on a vehicle or boat – s. 6a SOA
7. Continuation of behaviour following a move along direction – s. 9 SOA
105
Closing Questions when interviewing an offender:
Closing Questions:
• Is there anything further you wish to say about this matter?
• Have the answers you have given to my questions been of
your own free will?
• Has any threat or offer of advantage been held out to you during 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?
106
Antecedents:
• Refers to the person’s personal circumstances (not criminal history).
• Includes police concerns such as to lack of community ties, being a flight risk and/or
• intimidation of witnesses.
• May assist the court in determining the penalty to be
imposed.
• As detailed as possible.
107
Official Police caution:
I am going to ask you some questions in relation to……
You do not have to say or do anything if you do not want to. Do you understand that?
I/we will record what you say or do. I/We can use this recording in court. Do you understand that?
108
Official Police caution:
I am going to ask you some questions in relation to……
You do not have to say or do anything if you do not want to. Do you understand that?
I/we will record what you say or do. I/We can use this recording in court. Do you understand that?
109
Official Police caution:
I am going to ask you some questions in relation to……
You do not have to say or do anything if you do not want to. Do you understand that?
I/we will record what you say or do. I/We can use this recording in court. Do you understand that?
110
Official Police caution:
I am going to ask you some questions in relation to……
You do not have to say or do anything if you do not want to. Do you understand that?
I/we will record what you say or do. I/We can use this recording in court. Do you understand that?
