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71 Cards in this Set
- Front
- Back
- 3rd side (hint)
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6 stages of investigation |
Initiation Evaluation Planning Investigative activity Outcome Finalisation |
IEPIOF |
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4 stages of evaluation |
Investigate Refer Record reject |
IRRR |
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6 things in search warrant |
Offense Description of premises or person Evidential material being sought Name of executing officer Time warrant expires Hours it can be executed |
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Crime scene powers |
Suspect Serious offense (5years) Preserve evidence Make attempts to gain consent 6 hours or until warrant commences |
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10 planning considerations |
Threat to life and public safety Impact on community Considerations to outcome Scope Risks Impact on victims Partners Cost v time balance Specialist advice Planning tools and templates |
TICSRIPCSP |
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Finalisation |
Prevention Disruption Prosecution Inquiry/ inquest |
PDPI |
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10 defenses |
Self defense Lack of capacity mental impairment Lack of capacity child YP Lawful authority Intervening conduct or event Mistake of fact Duress Intoxication Claim of right Sudden or extraordinary emergency |
SLLLIMDICS |
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10 defenses |
Self defense Lack of capacity mental impairment Lack of capacity child YP Lawful authority Intervening conduct or event Mistake of fact Duress Intoxication Claim of right Sudden or extraordinary emergency |
SLLLIMDICS |
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Duress |
- threat made will be carried out. - no reasonable way to make threat ineffective - conduct reasonable to threat |
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Criminal responsibility |
Voluntary act + mental state - legal defense = criminal responsibility |
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Protected suspect |
1. Person in company of an investigating official for purpose of being questioned about offense 2. Person has NOT been arrested 3. One or more of the following applies - official believes there is sufficient evidence to establish the person has committed the offense - official would not allow person to leave if they wished to do so - official has given person reasonable grounds to believe that the person would not be allowed to leave if they wished to do so |
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Delaying rights - believes |
- accomplice avoiding apprehension - loss, destruction, fabrication of evidence - intimidation of witness - delay questioning proceeding without delay to protect safety of person |
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5 types of SD |
Listening Optical Tracking Data retrieval |
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6 extensions of criminal liability |
Attempt Commission by proxy Complicity and common purpose Conspiracy Incitement Joint commission |
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Mental impairment |
- did not know conduct was wrong - unable to control conduct - did not know nature and quality of conduct |
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6 arrest criteria |
1. Ensure appearance before court 2. Repetition, continuation or commission of offense 3. Loss destruction concealment of evidence 4. Harassment/ interference of witness 5. Fabrication of evidence 6. Safety of person |
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SD can apply to: |
Person Place Object/thing |
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Forensic material |
Believe Provide evidence Prove or disprove offense |
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Rights |
Friend or relative Legal practitioner Australian citizen Interpreter Over 18 Atsi |
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Con Op |
3 years Participation of LEO Carried out for purpose of obtaining evidence LEO or other person conduct that would constitute an offense |
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Types of con op |
Major Con op (formal or urgent) |
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Major con op |
Infiltration of OCG by UCO more than 7 days More than 3 months Threat to human life |
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Major con op |
Infiltration of OCG by UCO more than 7 days More than 3 months Threat to human life |
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What is a con op? |
Serious offense Nature and extent such to justify con op Illicit goods to remain under control of LEO at end of con op Capable of being accounted for Person not likely to be induced Must not : seriously endanger health and safety -Cause death or injury -Involve commission of sexual offense - loss or destruction to property Role assigned to civilian could not be done by LEO |
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LEO |
AFP State or territory police Aclei Acic Doha Foreign LEO |
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Things authorized under SW |
Enter Record fingerprints Samples for forensic procedures Search and seize listed items Search and seize other offense Seize seizable items Conduct frisk or ordinary search Seize things under POCA |
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Rights of occupier |
- occupier or representative entitled to observe search - right ceases if they impede search - does not prevent 2 or more areas being searched at same time -make copy of warrant available - provide receipt for seized items |
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Rights of occupier |
- occupier or representative entitled to observe search - right ceases if they impede search - does not prevent 2 or more areas being searched at same time -make copy of warrant available - provide receipt for seized items |
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Fault elements |
Intention Knowledge Recklessness Negligence |
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Rights of occupier |
- occupier or representative entitled to observe search - right ceases if they impede search - does not prevent 2 or more areas being searched at same time -make copy of warrant available - provide receipt for seized items |
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Fault elements |
Intention Knowledge Recklessness Negligence |
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Doctrine critical partnerships |
Community Law enforcement Criminal justice system National security community Other govt dept Private sector |
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Physical elements |
Conduct Result of conduct Circumstance |
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Strict liability (SL- all D) |
No fault element for any of physical elements All defenses available |
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Strict liability (SL- all D) |
No fault element for any of physical elements All defenses available |
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Absolute liability |
No fault elements for any of physical elements Mistake of fact unavailable |
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Types of evidence |
Oral Documentary Real |
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Types of evidence |
Oral Documentary Real |
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Evidence must be relevant to: |
Fact in issue Credibility of witness |
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For evidence to be admissible |
Must be relevant Must not be excluded by procedural or exclusionary rule |
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For evidence to be admissible |
Must be relevant Must not be excluded by procedural or exclusionary rule |
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4 exclusionary rules |
Hearsay Opinion Tendency Coincidence |
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4 exceptions to hearsay |
First hand maker available First hand maker unavailable Business records Tags and labels |
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Exceptions to opinion rule |
Lay (age, speed, weather) Expert opinion |
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AFP con op variation |
Extend period of effect up to total 3 months Authorize additional participants Authorize alternative conduct Specify persons no longer authorized to engage |
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Non major con op authorization |
Commissioner Deputy commissioner |
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Non major con op authorization |
Commander |
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Risk |
Identify Analyse Evaluate Treat |
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Risks to an investigation |
Community safety Safety and security to AFP employees Public interests/ assets Risk of no successful outcome Risk of compromise of police methodology |
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4 dimensions of an investigation |
Risk Complexity Scale Time |
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To seize thing not listed on warrant |
Evidential material related to offense listed on warrant Evidential material related to another indictable Offence Evidential material poca |
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To seize thing not listed on warrant |
Evidential material related to offense listed on warrant Evidential material related to another indictable Offence Evidential material poca |
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Down time |
Medical attention Intoxication Organise and conduct ID parade Rest/ recuperate Apply for extension |
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Who can’t consent to forensic procedure |
Child Incapable person |
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Who can issue SD |
Eligible judge AAT member |
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Who can issue SD |
Eligible judge AAT member |
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6 TIs |
46 named person 46 b party 46a named person service 46a named person device 48 entry on premises 116 stored comms |
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Phases for my IP |
Compilation and review of existing evidence Investigation activity (special projects, media strategy, HS, intel) Resolution Brief prep and resolution |
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Who can authorize major con op |
Commissioner Deputy commissioner |
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IP RISKS |
Ongoing risk to public should offenders not be identified (thoroughly investigate all avenues to identify and prosecute) Risk of reputation to AFP through public perception if no successful prosecution (engage early with media dpp) |
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Conduct |
Act Omission State of affairs Default intent |
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Suspicion |
More than a mere idle wondering whether exists or not, a positive feeling of apprehension mounting to slight opinion without sufficient evidence |
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Suspicion |
More than a mere idle wondering whether exists or not, a positive feeling of apprehension mounting to slight opinion without sufficient evidence |
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Believe |
Inclination of the mind towards ascenting to rather than rejecting a proposition may leave something to surmise or conjecture |
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Con op - 3 roles |
Applicant Principle LEO authorizing officer |
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Who can approve account takeover warrant |
Magistrate |
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Who can approve account takeover warrant |
Magistrate |
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Who can authorize network activity warrant |
Eligible judge or nominated AAT member |
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Data disruption |
Eligible judge Nominated AAT member |
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Decision making model |
Define situation Evaluate options Consider powers police legislation Identify risks threats contingencies Decide Enact |
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Self - decision model |
Will my decision withstand scrutiny Is my decision ethical Is my decision lawful Is my decision fair |
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