Test Questions 2 Flashcards
(288 cards)
Victim Impact Statements CANNOT be disclosed to offender under the Privacy Act 1983, (without the consent of the Victim)
When the Victim gives their consent the Victim impact statement?
1) A. Can be given to the defence prior to the sentence hearing
2) Is not to be retained by the
3) Can only be distributed by Prosecutors
1) True and they must return it to Court staff.
2) True unless the Victim gives consent.
3) True in relation to Police staff.
Everyone has the right not to be arbitrary arrested or detained
True
Police have no power to detain a suspect for questioning without arrest or lawful detention?
True
When an offender has been arrested, a Victim identified and the matter is proceeding to court, it is the responsibility of the O/C case to ensure a Police Record of Victim Contact (POL1060) and a Court services victims referral (CSV1) form is completed.
True
You must fairly inform a youth suspect that they have the right to have a lawyer and a nominated person with them while they answer any questions or make a statement?
True
Steve hurt in rugby game. The opposing player cannot be charged with assault as Steve had given implied consent to undergo the reasonable risks associated with the game of rugby?
True
When planning an interview with a special consideration witness (vulnerable) witness the investigator should?
Consult a supervisor to make decisions about the interview.
Tom intentionally drives his vehicle at a slow speed at his neighbour after an argument. He subsequently clips the neighbours leg and causes minor bruising. Tom’s vehicle could be classified as a “weapon” under section 202C Crimes Act 1961?
True
“The truth may be elusive, so you may need to be persistent.” In this statement “persistent” refers to interviewer behaviour and means:
Asking questions in a manner that will stand up to the scrutiny of the Court.
A person can be charged with aggravated assault if that person punches a Police officer attempting to execute a warrant to arrest in relation to failing to appear in the District Court.
True
Shelley and Steve decide to steal some cigarettes from their local dairy. Steve goes into the dairy and threatens the owner with a knife forcing him to hand over cash and boxes of cigarettes. Shelley stays in the car as the getaway driver and is unaware that Steve has the knife. Both Shelley and Steve are liable as principals for Aggravated Robbery as they were together at the dairy?
False
Steve and John are play fighting when Steve tells John to punch him hard in the stomach to prove how hard his abs are. John punches Steve twice in the stomach with a closed fist causing minor bruising. John should be charged with common assault?
False
Correctly informing a suspect of the caution at the beginning of an interview ensures that the interview record will be admissible?
False – Is only one of that many requirements.
The offence “demanding with menances” section 239(2) Crimes Act 1961 is complete as soon as a person forms the intention to steal property from a person?
False
Evidential material, in relation to a particular offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence. A tangible item that could be evidential material is:
A locked IPhone
John is desperate for some cigarettes. He goes into a dairy, puts his finger in his pocket and points it at the dairy owner pretending that he has a firearm. The dairy owner gives John two boxes of cigarettes and John flees from the scene. John’s actions would be sufficient to charge him with Aggravated Robbery as he has pretended to be armed with a firearm and has stolen cigarettes?
False
Under s103 of the Evidence Act 2006 when deciding on whether to accept an application to give the evidence of a witness in an alternative way, the Judge must have regard to whether the alternative way will:
Mean the best evidence is given in a criminal proceeding.
John, the respondent of a protection order, rings his estranged wife to tell her that his mother was injured in a car accident and is critically ill. He says he wants his 12-year-old daughter to see her grandmother before she dies. John has breached the standard non-contact conditions of the protection order. He should be arrested and charged with breach of protection order?
False
Establishing a “common approach path” into the scene of a serious crime for all visitors to the scene is the responsibility of the initial action party?
True
The relevance of forensic evidence is reliant upon what people say or do?
False
Bobby should be charged with being party to the offence Robbery?
False – He had no knowledge of the intention to commit robbery. Nathan acted on his own.
Harry and Ben argue on the street outside a local bar. Harry grabs a glass bottle from the rubbish bin, shouts “I hope this hurts” and swings the bottle at Ben’s head. Ben ducks, the bottle shatters against the bar wall and the glass fragments cut the hand and face of a passing pedestrian, Jennifer. Harry could be charged with “assault with intent to injure” in relation to Jennifer?
True
What is meant by an investigator’s “working rules?”
The knowledge and skills learnt from investigator experience.
Which of the following persons would NOT be considered suitable for the role of nominated person for a CYF?
A close friend or classmate nominated by the CYF.