Test Questions 3

Question 1

Pursuant to Section 19 S&S Act 2012, which of the following statutes authorise the search of persons during the execution of a search warrant?

Answer 1

Misuse of Drugs Act 1975.

Question 2

If you are the first at the scene where a body has been found your first response must be to:

Answer 2

Check for signs of life and render assistance accordingly.

Question 3

Johnny Smith is served with a summons to appear in Court in 2 months’ time. The Charging Document has not yet been filed. When must the charging document be filed?

Answer 3

As soon as reasonably practicable after the service of the summons.

Question 4

Who is responsible for filing formal statements?

Answer 4

The O/C or the Registrar or The Prosecutor

Question 5

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 and the bottle shatters against the bar wall. The most appropriate charge in relation to Harry’s actions is:

Answer 5

Assault with intent to injure

Question 6

You respond to a call from Comms about people in a car who are reported to have pointed a riffle at passengers in another car. Comms gives you a vehicle description and registration. You locate the car in a public car park. There are three males in the vehicle. You have a power to search the vehicle without warrant because you have:

Answer 6

RGTS the passengers have a firearm in the vehicle and RGTS they are committing an offence against the Arms Act 1983.

Question 7

If no Police Bail conditions are imposed, the date of the defendant’s first appearance must be which of the following?

Answer 7

No more than 14 days from the date bail was granted.

Question 8

You are en route to the scene of an armed robbery where it is believed that an air riffle has been used. You locate a person you believe to be the offender a couple of blocks from the scene. Can you lawfully stop and search him under section 18 of the S&S Act 2012?

Answer 8

Yes, providing you have reasonable grounds to suspect they are in possession of it.

Question 9

Are pre-trial admissability hearings available before both judge-alone and jury trials?

Answer 9

Yes.

Question 10

Shane visits his neighbour Brian and an argument develops between the two over the red t-shirt that Brian is wearing. Shane hits Brian in the face with a hammer causing Brian to permanently lose sight in his eye. When interviewed Shane states that he only meant to hurt Brian and did not intend to make him blind. Can Shane claim that he aced in self-defence?

Answer 10

No, there was not force or imminent force from Brian to be resisted or prevented and Shane’s response was not reasonable in the circumstances.

Question 11

When do you caution a youth?

Answer 11

Before asking questions intended to obtain an admission.

Question 12

The meaning of the term ‘arbitrarty detention’ as explained in the case R v Gopodwin (1983) is:

Answer 12

When words or conduct of an officer cause a person to believe that he or she is not free to go.

Question 13

The Issuing Officer has authorised your SW for a car used in a drive-by shooting. An informant tells you that the car is now parked in the driveway of a suburban house. You drive by the house and see that the car is there. The SW allows you to:

Answer 13

Enter that place to execute the SW on the car.

Question 14

John, a well-known criminal, threatens to punch Jim in the head with a knuckleduster and then walks off down the road. Jason witnesses the incident. You locate John in the next street. You can search him because:

Answer 14

You have RGTS John has committed an offence against s202A(4)(a) of the Crimes Act 1961.

Question 15

What must happen before a judge can require a plea to be entered?

Answer 15

Initial disclosure has been delivered and the defendant has had the opportunity to obtain legal advice.

Question 16

In relation toe some MODA 1975 offences, s20 allows you to search which of the following:

Answer 16

Any vehicle and place

Question 17

Tessa and Jean want Lisa’s MP3 player. Tessa is aware that Jean has a knife and is prepared to use it when they confront Lisa. Jean brandishes the knife and threatens to stab Lisa unless she gives her the MP3 player. Lisa is scared but doesn’t want to hand over her MP3 player so gives Jean some money instead. Which of the following is correct in relation to the “being armed with an offensive weapon” ingredient of ‘aggravated robbery’?

Answer 17

Tessa and Jean are both liable for ‘aggravated robbery’ as it can be said that they are both armed with a knife.

Question 18

Constables Jenkins and Tuigamala respond to a P1 home invasion where the victim says the offender has entered and exited through the door into the backyard and absconded over the fence into a neighbouring property. To protect the collection of forensic evidence they cordon the scene and establish a common entry pathway via:

Answer 18

The front door through which the constables entered.

Question 19

How should a waterlogged multi-page document be packaged for delivery to the document examiner?

Answer 19

Seal the wet document in an airtight container or bag.

Question 20

What are the Police responsiblities to the victim when a section 29 suspect is released on bail?

Answer 20

Police must advise all victims, as soon as practicable, of the outcomes and conditions of any bail application.`

Question 21

What are the aims of case management discussions?

Answer 21

To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial.

Question 22

The intial action party at the scene of a serious crime must work quickly to:

Answer 22

Cordon the area to prevent any person from entering the scene.

Question 23

If your file has been sent back because you have been tasked with completing remedial work before the case management discussions, what is the latest time that the file needs to be with the PPS office?

Answer 23

Five working days before the case management discussion.

Question 24

Representation refers to the behaviour of the interviewer who:

Answer 24

Promises a favour in return for a requested action.

Question 25

The role of an interview support person for a special consideration witness is to:

Answer 25

Ensure their well-being and support their understanding of what is happening?

Question 26

Care must be taken when placing stepping plates in the hot zone because they:

Answer 26

May conceal or change evidence in the scene.

Question 27

In relation to section 188 of the Crimes Act 1961, the difference between subsections (1) and (2) relates to:

Answer 27

The intent of the suspect when causing the injuries.

Question 28

Who are the victims in the crash scenario?

Answer 28

Karen, Sam, John, Anaru, and their families.

Question 29

Which of the following scenarios could affect the reliability of a suspect interview record? When the suspect being interview is:

Answer 29

Tired and clearly unwell but is not offered an interview break.

Question 30

In relation to an offence of aggravated robbery the ingredient of "being together with any other person or persons" means:

Answer 30

Must be physically present at the robbery and taking an active part.

Question 31

Which of the following scenarios constitutes a robbery?

Answer 31

Knocking the victim to the ground whilst grabbing a cash bag.

Question 32

Simon is walking down the street texting his girlfriend. He is approach by John who demands Simon hand over his phone. Simon refuses and John punches him in the face. Simon gives John the phone as a result. John the realises the phone is not the model he's after and gives it back to Simon. What offence has John committed?

Answer 32

Robbery - The theft element is complete as soon as the item is moved or caused to be moved.

Question 33

Who is responsible for ascertaining the victim's views on bail of a person accused of a section 29 offence?

Answer 33

Police must ascertain the victim's views and ensure the court is informed of those views.

Question 34

If the O/C initial action party locates an item they believe is going to rapidly deteriorate, the best course of action is to:

Answer 34

Take immediate action to preserve the item.

Question 35

You are executing a search warrant on a known drug dealer's house. At the house you located a vehicle. You have made no reference to the vehicle on the search warrant. Can you search this vehicle?

Answer 35

Yes, since the vehicle is within the property named on the warrant.

Question 36

At interview a suspected is cautioned for a second time when he reveals his involvement in another crime. He contacts his lawyer and then says he has been advised to claim his right to silence and will not answer any more questions. You should:

Answer 36

Inform him of the allegations against him and record any responses he may make.

Question 37

Police are responsible for informing a victim of a section 29 sexual offence that:

Answer 37

They have rights in legislation that protect their privacy throughout court proceedings and reporting.

Question 38

When should an investigator visually record a witness interview?

Answer 38

When the interview is needed for completeness and accuracy of evidence.

Question 39

If you are stopping a vehicle without warrant for the purposes of a search under Section 121 of the Search and Surveillance Act 2012, you have certain obligations. At the request of any person affected by the stop, which of the following answer is the most appropriate course of action to take?

Answer 39

Identify yourself by name or QID, and state the act under which the search is taking place and the reason for the search unless it is impracticable in the circumstances and produce evidence of ID if you are not in uniform.

Question 40

Which words best describe the appreciation technique?

Answer 40

A four step problem solving process that informs decision making.

Question 41

Pursuant to S&S Act 2012, you are searching a prisoner incidental to arrest. In his possession you find a cell phone that you have established is stolen. When bailed an hour later he asks for the cell phone back. What should you do?

Answer 41

Charge him n relation to the cell phone and retain possession of the property.

Question 42

As part of the SW application process you must check that your NIA target is valid. You need to do this because details of any SW applications made on your target:

Answer 42

In the last three months will be attached to your application.

Question 43

How long is a SW typically valid for?

Answer 43

14 days.

Question 44

You have arrested an adult male and want to interview him further. Which of the following statements is most accurate?

Answer 44

You can interview him while being mindful of the need to proceed to court as soon as possible.

Question 45

An exhibits envelope should be securely packaged by:

Answer 45

Tape sealing all edges and signing across the tape.

Question 46

When cautioning a suspect you are not obliged to inform the suspect that:

Answer 46

They can decide with a lawyer whether or not to go on video or not.

Question 47

If during an interview you make an unconditional undertaking not to use an "of the record" statement in evidence it is likely the court will"

Answer 47

Make you honour the promise and rule the evidence as inadmissible.

Question 48

Who is responsible for filing formal statements?

Answer 48

The prosecutor.

Question 49

Roger has been charged with aggravated burglary, a category 3 offence. He is pleading not guilty and wants to elect a jury trial. When can he make an election?

Answer 49

At the same time he enters his not guilty plea.

Question 50

In applying the evidential test you must determine if there is a reasonable prospect of conviction through examining the:

Answer 50

Sufficiency of the admissible evidence.

Question 51

Primary transfer occurs when:

Answer 51

There is direct transfer of material between one party and another.

Question 52

In which zone would Police first photograph material?

Answer 52

Hot.

Question 53

If you have RGTB that a person may hinder you when you are securing a place to be searched, s116 allows you to exclude the person from the place you are searching and:

Answer 53

Give that person any reasonable direction.

Question 54

When should witness interviews be conducted?

Answer 54

As close in time to the incident/offence as possible to minimise memory loss and contamination.

Question 55

After being evicted from a party, Steve drives his car into a crowd gathered outside of the address, injuring three people. In order to prove 'recklessness' under section 189(2) Crimes Act 1961, you must prove that Steve:

Answer 55

Consciously and deliberately took an unjustified risk.

Question 56

Which of the following statements describes when contamination occurs?

Answer 56

Many people enter and leave the scene.

Question 57

A serious assault has occurred at a private party. When you arrive at the scene you wish to speak to the patrons about the assault. In the given circumstances Police behaviour must reflect Guideline 1 of the Chief Justice Practice Note which is:

Answer 57

You must not suggest through words or actions that a person must answer your questions.

Question 58

The correct method to collect a dry blood sample at a crime scene is to:

Answer 58

Dampen swab with sterile water then gently rub the blood.

Question 59

What is the primary consideration when a suspect to a serious assault raises the issue of self-defence?

Answer 59

Whether the suspect's actions were in proportion to the alleged threats made by the victim.

Question 60

Jill is recorded on CCTB shoplifting a trolley full of wine from a local supermarket. Soon after you drive by her house and see there is a party in full swing. You enter her property under s8 and arrest Jill at her front door. Can you lawfully search her house for the wine without a search warrant?

Answer 60

Yes, because you have RGTB that the evidential material will be CADD if entry is delayed to get a search warrant.

Question 61

Which of the following statements is incorrect. A witness in a Free Recall (FR) interview:

Answer 61

Should be challenged following their first FR account.

Question 62

The first priority for staff arriving at the scene of a serious crime is:

Answer 62

The safety of attending police officers.

Question 63

Sarah has been arrested. Her top layer of clothing is a pair of jeans and a T-shirt. You decide to do a rubdown search. Just before you begin, Sarah tells you she is wearing no bra beneath her T-shirt. Which of the following statements is most correct?

Answer 63

You may not require Sarah to remove, raise, lower or open her outer clothing as she has no other clothing.

Question 64

When explaining the caution to an adult suspect who suffers from an intellectual disability you should give them their rights and:

Answer 64

Ask them to tell you in their own words what the caution means to them.

Question 65

Victim impact statements are required:

Answer 65

In every case involving an identifiable victim.

Question 66

In general, should an investigator regard a child or youth under the age of 18 years as a special consideration witness?

Answer 66

Yes, because their age and maturity level may mean they are vulnerable in an interview situation.

Question 67

Ensuring the admissibility of forensic evidence presented to the court requires an understanding of which of the following groups of words:

Answer 67

Contaminate, relevance, integrity, security

Question 68

Which of the following people may not act as nominated person, even if the young person specifically requests them?

Answer 68

A person you believe on reasonable grounds would attempt to pervert the course of justice if permitted to consult with the young person.

Question 69

Which example is incorrect? A written statement from a witness interview:

Answer 69

Can not include slang, swearing or colloquialisms as it is a legal document.

Question 70

Roger has been charged with Aggravated Burglar, a category 3 offence. He is pleading not guilty and wants to elect a jury trial. When can he make an election?

Answer 70

At the same time he enters his not guilty plea.

Question 71

You locate a pile of wet documents at a scene and want to forward them to the document examiner. The correct procedure is:

Answer 71

Seal in an airtight container or bag and forward the wet documents to the examiner.

Question 72

The hot zone in a serious crime scene is best described as:

Answer 72

That part of the scene requiring examination and evidence collection.

Question 73

You stand in the informant's backyard and look over the fence into the neighbouring property. You can clearly see the cannabis plants. Do you require a surveillance warrant for your actions so far?

Answer 73

No, because you are lawfully on private property and not using a surveillance device.

Question 74

Comms will assist with serious crime coordination by contacting forensic specialists required. As a general rule, which forensic specialist will be called first to attend the scene?

Answer 74

A photographer.

Question 75

According to the investigative interviewing doctrine which of the following statements about probing questions is correct?

Answer 75

An interviewer must follow a witness account with probing questions.

Question 76

Billy strikes Mike over the head with a hammer then runs to his car with the hammer and drives off. A short time later you locate Billy driving the car and stop the car under section 121 to search Billy and the car for the hammer. As you attempt to speak to him, Bully gets out of the car and sprints off. Can you search the car for the hammer?

Answer 76

No, because with Billy running away you have no RGTB that the hammer will be CADD.

Question 77

Paul is waiting at the bus stop talking on his cellphone. He is approached by Andrea and Jill who demand that he hand over the cellphone to them. Paul ignores them. Andrea then pushes Paul backwards and punches him in the face. Jill grabs the cellphone but Paul manages to get it back from her and the girls run away. Which of the following offences best describes Andrea's criminal liability?

Answer 77

Aggravated robbery.

Question 78

An offender kicks a victim several times in the torso and splits their spleen. Which of the following charges is the most appropriate?

Answer 78

With intent to injure, wounds.

Question 79

When deciding on the admissibility of a youth's interview, an overriding principle that will guide the judge is:

Answer 79

Whether the interview was fairly conducted in acceptance of the CYP's vulnerability which entitles them special protection.

Question 80

When interviewing a person suspected of committing an offence, when should the caution be administered?

Answer 80

When there are grounds to believe the suspect committed the offence.

Question 81

The best practice motto for crime scene initial action is Freeze, Guard, Control, Preserve. What is required to be preserved?

Answer 81

The evidence.

Question 82

A suspect elects his right to silence at interview. You give the allegations and prepare a statement accordingly. He refuses to sign it. Which of the following actions would you take?

Answer 82

Record his refusal to sign the interview record and close the interview.

Question 83

Where you have RGTS that an offence is being committed that is likely to cause injury to any person, you may enter the place or vehicle without warrant and:

Answer 83

Take any action that you have RGTB is necessary.

Question 84

A special consideration witness is one who:

Answer 84

Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily.

Question 85

Your risk assessment leads you to decide there is no time to apply for a search warrant. As evidential material will be CADD you undertake a s15 search of a caravan for a machete used in an aggravated wounding. The caravan occupants are present. Before entering the caravan you must identify yourself and:

Answer 85

Announce your intention to enter and search giving the reason for you search and the name of the Act.

Question 86

With respect to a victim's property that may be held as evidence Police are obliged to:

Answer 86

Discuss the evidential requirement with the victim and ensure the property is returned as soon as practicable after it is no longer needed.

Question 87

As a condition of the authorisation of your SW application, an IO may require you to complete:

Answer 87

A s104 search warrant report.

Question 88

You and several other officers are called to a party that has got out of control. A young woman at the party tells you that she was sexually assaulted in a bedroom of the house. One of your colleagues leaves to apply for a SW. Could you use s117 in these circumstances?

Answer 88

Yes, because a SW is being sought, you are at the place and believe that evidential material may be CADD or removed.

Question 89

When you need to remove a wet exhibit from a crime scene, how should you transport it to the police station?

Answer 89

Uplift and secure in a clean and unsealed plastic bag.

Question 90

Police are obliged to inform victims of:

Answer 90

Investigative progress and any impending charges or arrests.

Question 91

Which of the following tasks is not the responsibility of an exhibits officer?

Answer 91

Establish the relevance of the exhibit to the enquiry.

Question 92

A 16 year old male who has been arrested elects his mother as his nominated person. She asks about the charges her son may face. Is she entitled to an explanation?

Answer 92

Yes. The enforcement officer should inform her of the nature of the charges as soon as possible.

Question 93

When taking digital images of a crime scene yourself, you must start an audit trail recording the details of the images in your notebook. What details must be recorded?

Answer 93

Date, time, and location.

Question 94

Which words best describe the appreciation technique?

Answer 94

A four step problem solving process that informs decision making.

Question 95

Section 103 of the Evidence Act 2006 recognise the rights of a special consideration witness by:

Answer 95

Providing an opportunity for their evidence in chief to be given to the court in an alternative way.

Question 96

Care must be taken in Police interaction with a witness because:

Answer 96

A witness's needs and individual circumstances must be taken into account by an interviewer.

Question 97

When making a reconstruction of a crime scene you must remember to:

Answer 97

Revise your reconstruction as new facts are obtained.

Question 98

You have RGTB that stolen property is located in a garage at a local address and execute a search warrant. No one is present when you arrive and you see the garage has a security alarm and it is armed. You use s110 and call a security technician to help you gain entry to the garage. You must then?

Answer 98

Accompany the technician on entry and provide reasonable supervision.

Question 99

One of the principles laid down in the Victims' Rights Act 2002 guide the treatment of victims. In this respect Police are obliged to:

Answer 99

Treat all victims in a manner which is courteous, compassionate, and respectful.

Question 100

Section 18 warrantless searches associated with arms gives you the power to do which of the following:

Answer 100

Search persons or possessions (including vehicle) and place, enter place or vehicle, seize and detain firearms, seize and detain firearms licence.

Question 101

A witness with intellectual, psychological or psychiatric impairment:

Answer 101

Is a witness entitled to special consideration from police and others.

Question 102

If your file has been sent back to you have been tasked with completing remedial work before CMD, what is the latest time that the file needs to be with the PPS office?

Answer 102

Five days before the case management discussion.

Question 103

After charging a shoplifter with theft and lodging her in the cells, you receive information leading you to suspect her of further thefts. According to Chief Justice Practice Note Guideline 2 you should:

Answer 103

Interview her again on video, caution again and question her about the new allegations.

Question 104

Your completed SW application must show clear connections between:

Answer 104

The offence, the target address and evidential material sought there.

Question 105

Risk assessment is essential in the Search Warrant process. When should risk assessment occur?

Answer 105

Before the SW application is completed and prior to execution.

Question 106

The Warm zone can be described as a place inside the scene cordon where:

Answer 106

Exhibits are processed by a crime scene team member.

Question 107

It must be established that an offender must have formed the intention to rob in relation to the offence ‘assault with intent to rob’?

Answer 107

At the time of the assault.

Question 108

When a DVD of an adult witness interview is to be used as evidene-in-chief then the O/C case must ensure:

Answer 108

The witness has viewed the video and given their signed consent for it to be used.

Question 109

Care must be taken in Police interaction with a witness because?

Answer 109

A witness’s needs and individual circumstances must be taken into account by an interviewer.

Question 110

At 1400 hours you gave Jimmy (aged 15) his rights pursuant to section 215 of the Children, Young Persons and Their Families Act 1989. At 1445 hours he asks you whether he has to answer the question you just asked him. The most appropriate thing for you to do is:

Answer 110

Advise him that he may withdraw his consent to make a statement at any time.

Question 111

Pursuant to Section 19 s&S Act 2012, which of the following statutes authorises the search of persons during the execution of a search warrant?

Answer 111

Misuse of Drugs Act 1975.

Question 112

The case R v Weaver (1956) defined the term “cross examination” as it applies to interviewing suspects. How was cross-examination defined in that case?

Answer 112

Questions put to a suspect to either whittle down or differentiate answers already given because their answers are not accepted.

Question 113

A P1 call takes you to the home of an elderly man who disturbed a burglar wearing a LA Lakers hoodie. He gives the registration number of the car that the burglar drove off in. a short time later you stop the vehicle (s9) and arrest the sole occupant (who is not wearing a hoodie). Can you search the vehicle under s10?

Answer 113

Yes because you can search the evidential material related to the offence.