Q+A Flashcards
1
Q
Can a VIS be submitted to Defence counsel prior to sentencing?
A
No.
2
Q
What must Police inform Victims of, as per the VRA?
A
That they are entitled to access to welfare, health, medical or legal services.
3
Q
What is the Police form that records the victim’s request to be notified should the defendant be released?
A
POL 1065.
4
Q
What is the Police form that records Police contact with a victim?
A
POL 1060.
5
Q
What is the Police form that records the effect of crime on a victim?
A
POL 392 (VIS).
6
Q
What is the Police form that records the Police referral to Court Victim Services?
A
CSV1.
7
Q
What is the Police form that records an opposition to bail?
A
POL 128.
8
Q
When/why do Police do a CSV1?
A
When there is a victim and the matter is going to court, so that the victim can access court victim services.
9
Q
What is the agency that notifies a victim on the VNR if the offender is entitled to leave or discharged?
A
Ministry of Health.
10
Q
What is the agency that notifies a victim on the VNR if the offender escapes, dies or is temporarily released?
A
Department of Corrections.
11
Q
What is the agency that notifies a victim on the VNR if the offender has an parole hearing?
A
NZ Parole Board
12
Q
What is the agency that notifies a victim on the VNR if the offender is the subject of a deportation proposal?
A
Department of Labour.
13
Q
Who is responsible for the preparation of a VIS?
A
OC Case.
14
Q
Is the VIS a record of the victim’s own words about what happened and what they think of the offender?
A
No.
15
Q
What are the two most important things that must be ascertained initially when speaking to an assault victim?
A
The safety of the victim and the seriousness of the offence.
16
Q
If called to a complaint with a vulnerable victim, would you automatically make a VS referral?
A
Yes.
17
Q
Is a VIS taken from a victim at the time when the offender is due in Court for sentencing?
A
No.
18
Q
When dealing with the victim of a S29 offence, what must the OC do with regard to bail applications?
A
Notify the victim as soon as practicable of the outcome/conditions.
19
Q
When do you notify a victim of a S29 offence of their right to be on the VNR?
A
At the time of the offender’s arrest.
20
Q
Who gives the victim of a S29 offence the POL 1065 and helps them complete it?
A
The OC case who has arrested and charged the offender.
21
Q
Who’s responsibility is it to ensure a POL 1060 and a CSV1 are completed for a victim before a case goes to court?
A
The OC case.
22
Q
What is the purpose of a POL 1060?
A
To record Police action regarding the ongoing safety of a victim.
23
Q
How can Police tell if a victim is on the VNR?
A
Notifications database on the Bulletin Board.
24
Q
Generally speaking, are the family or parents of an offender considered victims of their crime?
A
No.
25
What is the definition of a S29 offence?
Sexual or serious assault resulting in injury, death or being rendered incapable or leading to the victim having fears for their safety or the safety of their family.
26
What must Police provide in attendance at a sudden death?
They must treat the family with respect and provide information about where they can access support.
27
What action can a victim take if they feel like they have not been treated by the principles of the VRA?
Make a complaint.
28
When can a VIS be distributed by Prosecutors?
In relation to Police staff.
29
When can a VIS be given to the Defence?
Prior to the sentence hearing, but they must return it to court staff.
30
When can a VIS be retained by an offender?
Only when the victim gives consent.
31
What are the responsibilities of an OC case when a witness is reluctant to give evidence?
Submit a report to the Prosecutor outlining relevant grounds for the evidence to be given in an alternative way, and convince the witness of the importance of their evidence and gather their view on giving evidence in an alternative way.
32
What action must be taken during any incident where a victim is obviously distressed?
Provide them with a support agency or refer them to an agency that will provide support.
33
What are the OC's obligations to a victim under S29 and S30 of the VNR when that victim is unsure about whether they want to go on the VNR?
Give them the POL 1065, update the POL 1060 and obtain their views on bail to pass on to the court.
34
Should a VIS contain the victim's comments about an offender, any prior knowledge they have or their opinion on the sentence the offender should receive?
No.
35
Under what circumstances will a victim on the VNR be contacted by an agency?
If there is any new information relating to the offender's bail, release, parole, escape or death.
36
Who is responsible for ensuring that there is a VIS / VIS audio or video tape held in the case file ready to be produced at the time of sentencing?
The OC case.
37
What must an OC case tell a victim prior to gathering information to prepare their statement?
How the statement will be used and that their approval is needed to disclose or distribute their statement.
38
What must an interviewer take into account when interacting with a witness?
The witness's needs and individual circumstances.
39
What should an interviewer do if, during the interview process, the witness becomes a suspect?
Caution, shift to suspect procedures and ensure the interview is on DVD.
40
Should you refrain from taking a statement from a witness of questionable reliability, if their statement may be inadmissible?
No.
41
Should you still discuss offence details, and question to clarify information, a special consideration witness who refuses to be interviewed but is happy to talk to you?
Yes.
42
If a witness refuses to talk to you, you should accept this as their right and note in your notebook a record of their reasons for refusing, or your opinion on why they refused - true or false?
True.
43
Should you advise a witness who is reluctant to give information that will incriminate a friend that there could be consequences for them if they intentionally withhold information?
No.
44
Do compliant witnesses always provide good information to assist the investigation?
No.
45
What procedures should be undertaken by an investigator when there are multiple witnesses to a serious incident?
Separate them, conduct brief initial interview with each and gather details.
46
What is the role of an interview support person for a special consideration witness?
Ensure their wellbeing and support their understanding of the process.
47
When you are interviewing a witness who requires an interpreter, should you allow the interpreter unsupervised time with the witness?
No.
48
When you are interviewing a witness who requires an interpreter, should you visually record the interview?
Yes.
49
When you are interviewing a witness who requires an interpreter, should you avoid using an interpreter who knows the witness?
Yes.
50
When you are interviewing a witness who requires an interpreter, should you use your interview notes to write the statement in english?
Yes.
51
When you are interviewing a witness who requires an interpreter, should you discuss the aim and objectives of the interview with the interpreter?
Yes.
52
Generally speaking, are under-18's special consideration witnesses? Why?
Yes, due to their age and maturity they may be vulnerable during interview.
53
What should be done by an interviewer during the engage and explain phase with a witness who is fearful of the consequences of providing a statement?
Consider their concerns and assess their reasons for them, then consult with your supervisor if a DVD interview is required.
54
What should be done by an interviewer planning an interview with a vulnerable witness?
They should consult their supervisor to make decisions about the interview.
55
Is an intoxicated witness a special consideration witness?`
Yes, due to the possible inaccuracy of the information they may provide.
56
What is the definition of a special consideration witness?
A witness who is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily.
57
What is the definition of "vulnerable" with regard to witnesses?
Susceptible, defenceless or weak.
58
What two tests must be applied when deciding whether to commence prosecution by laying charges?
The evidential test and the public interest test.
59
What public interest factors would support prosecuting a case?
The extent to which the victims are affected, the defendant's position of trust in the circumstances, a review of the defendant's professional status, and if the offer of reparation requires prosecution support.
60
Under what circumstances may property taken from a person who is arrested or lawfully detained, be retained?
By the custody officer, if, in their opinion, the possession may constitute an offence or it may need to be given in evidence in court proceedings.
61
Under the Crown Law Prosecution Guidelines 2010, what must police apply when the admissible evidence is sufficient to provide a reasonable prospect of conviction?
The public interest test.
62
Are police interviewers allowed to very strongly put questions to suspects and demand explanations and answers? Why/why not?
No - because it amounts to cross-examination.
63
What directs Police decisions to arrest in family violence situations, in addition to discretion?
Family violence policy.
64
Can any Police officer execute an arrest warrant provided they confirm the validity of the warrant and the suspect's ID?
Yes.
65
Should Police be able to justify that the arrest of a person is necessary for both justice and safety reasons?
Yes.
66
Must you arrest a person, if you have sufficient evidence to charge them?
No.
67
Does everyone have the right not to be arbitrarily arrested or detained?
Yes.
68
Does arbitrary detention occur when an arrest is reasonable?
No.
69
Is it OK not to read a detained person their caution rights?
No.
70
Is arrest a form of arbitrary detention?
No.
71
Are there only certain enactments that allow you to detain a person?
Yes.
72
What section of legislation overrides any other when making an arrest of a child or young person?
S214 of the CYPFS Act
73
If you obtain an confession to an offence by misrepresenting the truth to a suspect, will that confession be admissible in court?
No.
74
If a person is arrested but later released without charge because there was no power to arrest in the circumstances, can proceedings later be undertaken against them after further investigation? How?
Yes, by way of summons.
75
When making an arrest, should you consider if there is a need to safeguard an offender's safety and interests?
Yes.
76
When making an arrest, should you consider if it is likely that the suspect will warn co-offenders and/or abscond?
Yes.
77
When making an arrest, should you consider if the offender being at large poses a risk to safety of any person?
Yes.
78
When making an arrest, should you consider if it is likely that the offender will commit further offences?
Yes.
79
What are the possible consequences of arbitrarily detaining a person?
Statements may be ruled inadmissible, the case against the person dismissed, and the officer could face code of conduct enquiry or civil litigation.
80
What makes up a good charging decision, in addition to the charges adequately reflecting the nature and extent of the offending?
The court being provided with an appropriate basis for sentence.
81
What makes up the "evidential test"?
Whether or not there is sufficient admissible evidence to provide a reasonable prospect of conviction.
82
Part 2, S7 of the VRA states the principle guiding the _____ and rights of victims?
Treatment.
83
In order to protect the forensic evidence on a computer, you must not touch the keyboard or ______ buttons?
Mouse.
84
Hair rarely provides definitive _______?
Evidence.
85
If you locate unknown powders or pills, you should package them in self-sealing bags to avoid ____ or contamination?
Loss.
86
In the letter of understanding between the bankers association and Police, it is acknowledged that any CCTV _____ are produced in confidence?
Images.
87
In relation to dealing with media, if you have the ______ to comment on an issue, do so?
Authority.
88
With regard to motor vehicles, a VIN is a 17 character _____ of digits and letters?
Series.
89
The letter of agreement between Police and Trademe states that Police will provide a sample of the format or template of documentation required by Trademe to _______ a complaint?
Support.
90
Regarding surveillance of suspects, you must prepare surveillance thoroughly so that you are not ________?
Detected.
91
What is the name given to the process of developing a relationship with a potential CHIS?
Cultivation.
92
How much material should you aim to collect for any investigation?
The maximum amount, then examine it for it's use.
93
What is the best description of an investigative mindset?
A principled approach to the way investigators examine material, and make appropriate and reasonable decisions.
