Which two of the following statements are correct?
Property taken from a person who is arrested or lawfully detained.
May be retained by the custody officer if, in their opinion, the person arrested will be remanded in custody in another facility and therefore has lost their right to retain the property.
May be retained by the custody officer, if in their opinion, it’s possession may constitute and offence or it may need to be given in evidence in proceedings arising out of a charge.
Under the crown law prosecution guidelines 2010.
When the admissible evidence is sufficient to provide a reasonable prospect of conviction the police must.
Apply the public interest test to determine if a prosecution is required.
When faced with charges of misappropriating his elderly clients funds, a rural solicitor indicates his willingness to enter a guilty pleas and his intention to repay the monies in full. He is a first time offender.
What public interest factors support prosecution in the case.
The review of the defendants professional status. TRUE
The offer of reparation requires prosecution support. TRUE
The defendant position of trust in the circumstances. TRUE.
The extent to which the victims are affected. TRUE.
You are interviewing an offender arrested for ‘receiving’. While attempting to establish the identity of the original their the offender begins to tell conflicting accounts.
You now decide to change invite styles and begin to very strongly put questions to him demanding explanations and answers to your questions.
He eventually gives the identity of the thief and other evidence against himself.
Would the above evidence by your offender be admissible in court?
No, because the offender was in custody and questions must not amount to cross-examination.
When deciding whether to commence prosecution by laying charges, which of the following tests must be applied?
The evidential test and the public interest test.
After arguing with a dairy owner a man storms out of the dairy. A short time later the dairy owner hears a loud bang and sees a large crack in the shop window. The man is standing across the road.
On arrival you interview the man. After a few questions he says. “It was his fault because he was smart to me”, you continue with the interview until the man is arrested for breaking the window.
When should this suspect have first received the Rights/Caution.
When the suspect stated to you that it was the dairy owners fault that the window had been broken.
Select true or false for each of the following statements.
You must arrest a person if it is clear they have committed an offence and you have sufficient evidence to charge them. FALSE.
Any police officer can execute an arrest warrant providing they confirm that the warrant is valid and they confirm the persons identify. TRUE.
Although the power to arrest is discretionary, the decision to arrest in a family violence situation is clearly directed in policy. TRUE.
You should not arrest a person if you are unable to justify that their arrest is necessary for justice to be served or for reasons of safety. TRUE.
John B was arrested at an incident at local gang house. Although still under suspicion of an offence he was soon released without charge because there was no power to arrest him in the circumstances.
Following further investigation, the investigating officer may still proceed to charge John B by way of summons.
True or false?
Select true or false for each of the following statements
A factor to consider when deciding to arrest is.
If the offenders Liberty means the safety of others is at risk. TRUE.
If there is a need to safeguard an offenders safety and interests. TRUE.
If it is likely that the suspect will warn accomplices or abscond. TRUE.
If it is likely that the person will commit further offences. TRUE.
A good charging decisions is made when the charges chosen adequately reflects the nature and extent of the criminal conduct and…
The court is provided with an appropriate basis for sentence.
Last week you were called to a large department store where security advises they have cctv evidence of a female (18 yrs) shoplifting clothing. On further investigation you find the young woman has extensive youth file which included numerous incidents of dishonesty and theft.
Which of the following public interest factors most supports the prosecution in this case?
The likelihood of the offence being repeated.
Select true or false for each of the following statements
The consequences of arbitrarily detaining a person may be that.
The arresting or detaining officer could be liable to civil litigation. TRUE.
The officer must face an inquiry under the police code of conduct. FALSE.
Any statement made by the person is inadmissible in court. TRUE.
The case against the person could be dismissed by the court. TRUE.
When you are satisfied on reasonable grounds that an arrest of a youth (15 years) without warrant is necessary in the circumstance, which section of the children young persons and their families act 1989 override any other enact,eat in making an arrest?
You and a college are separately interviewing two suspect at the station. Your suspect is uncooperative so you leave the room, return five minutes later and tell him that his friend has admitted taking part in the burglary. He shrugs, readily admits his involvement and later pleads guilty.
Would the above admission by your suspect be admissible in court ?
No because the admission was obtained by misrepresenting the truth to your suspect.
When applying the evidential test, you must consider if there is sufficient admissible evidence to…..
Provide a reasonable prospect of conviction
Select true/false for each of the following statements
Everyone has the right not to be arbitrarily arrested or detained. TRUE
Arbitrary detention occurs when the arrest or detention is reasonable in the particular case. FALSE
Arrest is a form of arbitrary detention. FALSE.
Detained persons need not be cautioned. FALSE.
You may only detain a person under certain enactments. TRUE