Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
134 Cards in this Set
- Front
- Back
|
Evidence: What is Voir Dire? |
A Voir Dire is in-trial hearing that is considered a separate hearing from the trial itself. It is known as a "trial within a trial" and designed to determine an issue separate from the of procedure or admissibility of evidence. |
|
|
Firearms: What certification does an officer need to carry a firearm? |
New Zealand Police first aid certification and PITTcertification for the firearm deployed. |
|
|
Firearms: What must be considered when firing a warning shot? |
As a general rule warning shots should not be fired.However, there may be circumstances where a warning shot may be appropriate. Only fire a warning shot if: 1. extreme caution is taken to safeguard the safety of others 2. the suspect has been asked to surrender (if practical) and has not done so,and 3. it can be clearly aimed as a warning shot. |
|
|
PSO: if the person cannot be brought before a court within 24 hours, at or before the expiry of the period. What must happen? |
You must release the person and summons them to appear. The person can be arrested and brought before the court if they fail to appear as summonsed.
|
|
|
PSO: PSO's can only be authorised by a Qualified Constable. What is Qualified Constable? |
A qualified constable is a constable of or above the position level of sergeant. They must hold the substantive position level or otherwise be formally appointed or authorised under section 63 Policing Act 2008 to the appropriate position level. |
|
|
Victims Rights: Victims are often distressed and upset. If the victim says no when you ask if they want support. What must you do? |
Simply advise that you will be calling the agency you work closely with (Women’s Refuge or Victim Support) and that the agency will arrange for a worker to provide information and give them early assistance. |
|
|
Family Violence: Surrendering firearms as a result of protection order being served. The respondent must surrender to Police any weapon in their possession or under their control (whether or not it is lawfully in their possession or under their control) and any firearms licence held by them: When? |
As soon as practicable after the service of the protection order on them (and within 24 hours of the service), and on demand made, at any time, by any Police employee. (s21(1)) |
|
|
Alcohol: Section 237 Sale of Liquor Act–Irresponsible promotion of alcohol. A person advertises alcohol 30% below the normal price, is this an offence? |
Yes. Does anything that encourages people, or is likely to encourage people, toconsume alcohol excessively. (b) promotes or advertises discounts on alcohol in a way that leads people, or is likely to lead people, to believe that the price is 25% or more below the price at which the alcohol is ordinarily sold (otherwise than—(i) on licensed premises; or(ii) in the catalogue or similar price-list of the holder of an off-licenceendorsed under section 40); or |
|
|
Staff: What are the five drivers of Crime |
|
|
|
Family Violence: What are the family violence principals. |
|
|
|
Family Violence: Ensuring all parties are safe, particularly victims, whose safety is paramount. Children are especially vulnerable (though they may not be the primary victim) and before leaving the premises,attending officers must ensure they have no concerns regarding about any child’s safety. What is the second safety consideration? |
Officers must be aware that precautions may be necessary to secure their own safety. |
|
|
Staff: What are the Police core values? |
PRIMED:
|
|
|
Staff: What are the 6 driver of satisfaction? |
Professionalism: the service experience met your expectations Expert: staff were competent Ownership: staff kept their promises Positive: you were treated fairly Listening: your individual circumstances were taken into account Excellence: it's an example of good value for tax dollars spent |
|
|
Staff: What does SELF mean? What should you ensure compliance with? |
Will your decision withstand Scrutiny? Will your decision ensure compliance? ( Code of Conduct, Policy and GI's) Is your decision lawful ? (Laws, regulations, rules) Is your decision fair ? |
|
|
Youth: A young person has breached bail on 2 previous occasions, can he be arrested. |
A constable may arrest a child or young person without a warrant if —(a) the child or young person has been released on bail; and(b) the constable believes, on reasonable grounds, that —(i) the child or young person has breached a condition of that bail; and(ii) the child or young person has on 2 or more previous occasions breached a conditionof that bail (whether or not the same condition). |
|
|
Youth: Section 229 CYF's Act 1989 You detain a child under Section 48 who does not wish to be taken home to his mother’s house but has asked to be dropped off at his sister’s house. Do you inform the mother? |
(b) Where –(i) The person nominated by the child or young person for the purposes of paragraph (a) of this subsection is not a parent or guardian or other person having the care of the child or young person; or(ii) The child or young person refuses or fails to nominate any person in accordance with section 231 of this Act, –unless it is impracticable to do so, inform the parents or guardians or other persons having the care of the child or young person that the child or young person is at the enforcement agency office for questioning or has been arrested. |
|
|
Firearms: During a traffic stop a firearm is found on the back seat. The driver of the vehicle is the only occupant in the vehicle. Further inquires establish that the driver is not the registered owner. Under section 66 , Arms Act 1983 what must the driver prove in order to negate possession of the firearm. |
For the purposes of this Act every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive is found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive, unless he proves that it was not his property and that it was in the possession of some other person |
|
|
Policing Act: You pick up a female who is quite intoxicated and take her home for her own safety, but there is no one else at home. There is no temporary shelter and the female refuses to go back to the station. Under s.36 of the Policing Act can the female be taken back to the Police Station. |
Yes the females consent is not require if the constable reasonably believes that the person is— (i) incapable of protecting himself or herself from physical harm and is satisfied it is not reasonably practicable to provide for the person’s care and protection by— taking the person to his or her place of residence. |
|
|
S&S: Police executed a search warrant at certain premises. After the police had gained entry it appeared to the officers that the appellant, who was inside, had something concealed in her mouth. Police restrained the subject and recovered morphine sulphate tablets wrapped in glad wrap. Was the search unreasonable? What this an internal search? |
No. A constable, authorised officer or searcher may conduct a visual examination(whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but must not insert any instrument,device, or thing into any of those orifices.A visual examination in these circumstances is not an "internal search" and is permitted as part of a rub-down search. |
|
|
Youth: Sergeant Harris has arrested William who is 14 years old. A joint certificated has been signed authroising police to hold William on custody for no longer than 24 hours. Sergeant Harris must furnish a copy of the Joint report to the commissioners of Police within what time period. |
5 days after the day on which the certificate was issued. |
|
|
Road Policing: Who can approve the use of a Tyre Deflation device on a Heavy Motor vehicle? |
Comms Shift Commander. Can also be self initiated using tenr and authorised s39 crimes act 1961. |
|
|
Road Policing: A vehicle accident has occurred on the main road and the officer wishes to close off a private driverway to prevent traffic from entering the accident area. Is the officer justified in closing the private driveway. |
Section 35 Policing Act 2008. A constable may temporarily close to traffic any road, or part of a road, leading to orfrom or in the vicinity of a place, if the constable has reasonable cause to believethat—(a) public disorder exists or is imminent at or near that place; or(b) danger to a member of the public exists or may reasonably be expected. |
|
|
Road Policing: Section 119 LTA. You are freshly in pursuit of vehicle and you believe the person has been drinking and driving. The driver runs into house. What are your requirements when entering the house? |
The officer suspects that the driver is driving under the influence of drink or a drug, or both; and is freshly pursuing that person. You must identify yourself ,the Act under which the search is taking place and the reason for the search unless it is impractical to do so in the circumstances and provide proof of your identity if you are not in Police uniform. |
|
|
S&S: Which of the following requires a notification of use of Powers? s.169 Search and Surveillance Act 2012. s.8 Entry to arrest a person who has committed a serious offence. s.11 - warrant-less search of a person who has up at a Police Station. S.14 - entry to respond to an emergency where there is a risk to persons, |
s.8 Entry to arrest a person who has committed a serious offence. |
|
|
Youth: A youth was arrested after crashing a stolen car. Police were advised by his lawyer that he would not be making a statement, However, he was informally spoken to later and begrudgingly agreed to an interview which went ahead without the lawyers consent. What was the relevant court of appeal finding in this case? |
Because of the High Court findings that K had been “in appropriately maneuvered into a situation where a statement had been prised out of him while he was in a shaken state”, the Court of Appeal determined that a breach of the right not to make a statement was established and no question of waiver arises. In this case, the lawyer acting should have been contacted before the interview proceeded. |
|
|
Evidence: How does the evidence act 2006 define a leading question? |
One that directly or indirectly suggest a particular answer to the question. |
|
|
Evidence: s.28 Evidence Act 2006. This section applies to the issue of reliability of the defendants statement offered by the prosecutions. Where the issue has been raised , the judge must exclude the statement unless on the balance of probabilities that the statement was not likely to have been adversely affected. What does this section direct the judge to consider? |
Consider the circumstances in which the statement was made. |
|
|
Evidence: Evidence Act 2006 What does the term "The facts in issue" mean? |
Facts in Issue: Facts in issue are those which the prosecution must prove in order to establish the elements of the offence; or those which the defendant must prove in order to succeed with a defence in respect of which he or she carries the burden of proof. |
|
|
Youth: S.42 Children, Young Persons, and Their Families Act 1989 What grounds must you have for removing a child? |
Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may,without warrant. |
|
|
Evidence: Evidence Act 2006, Any party bearing a legal burden of proof must discharge this burden to the standard required. What is the required standard of proof? |
In general, where the legal burden is on the prosecution it must be discharged“beyond reasonable doubt”. In contrast, any element which the defence bears the burden of proving need only be proved on the “balance of probabilities”. |
|
|
Evidence: S.45(4) Evidence Act 2006, What are good reasons for not following the identification procedure? |
|
|
|
Evidence: Evidence Act 2006. When Police stopped the defendant his partner was sitting next to him. Are Police required to conduct the identification procedure for her? |
The provision applies only to visual identification evidence of a “person alleged to have committed an offence”. Identifications of other people will fall to be governed by the general principles in ss 6, 7 and 8. |
|
|
Taser:What is the action of the supervisor when a taser is discharged. |
|
|
|
Firearms: Any force used must be the minimum necessary to achieve the objective,and reasonable under the circumstances.Employees using excessive force when restraining or arresting an offender will be held criminally liable under section 62 Crimes Act 1961. What are the elements of F061. |
|
|
|
Policing Act: Section 33, Policing Act 2008. Can you obtain identifying particulars from a person you intend to summons? |
Yes. For the purpose of this section, a constable who has good cause to suspect aperson of committing an offence and who intends to bring proceedings againstthe person in respect of that offence by way of summons, may detain thatperson at any place— (a) in order to take the person’s identifying particulars; |
|
|
Victims Rights: Who is classified as a victim? |
|
|
|
Victims Rights: Section 7 - Any person such as Police, who deals with a victim should—(a) treat the victim with courtesy and compassion; and(b) respect the victim’s dignity and privacy. Section 8 outlines that Police must provide support to victims. Who is classified as a victim under s.7 and s.8 ? |
|
|
|
Victims Rights: What type of crimes fall within the criteria of Section 29 of the victim right Act ? |
Victims of:
|
|
|
Drugs: Hill v Attorney-General (1990)6 CRNZ 219(CA)– Reasonable grounds for belief, formerlys 18(2) MDA,now s 20 Search& Surveillance Act 2012. What was the outcome here? |
The Sgt did not identify the drug as being a controlled drug specified under the act. A belief can formed on current drug trends relating to the type, how it is used, packaged etc. |
|
|
Drugs: Collins v Police[2007] BCL 56 Search : demeanour,appearance and“reasonable grounds to believe” What was the High Court decision? |
The High Court found that evidence of demeanour and appearance, whilst perhaps warranting strong grounds for suspicion and, seemingly, an actual belief in the consumption by the officers concerned, did not provide police with reasonable grounds for the belief under the Act. |
|
|
S&S: What must you do before you undertake a consensual search? |
|
|
|
Mental Health: Section 109 –Police may apprehend person appearing to be mentally disordered in public place and detain that person for no longer than 6 hours to get treatment. In regards to mental disorder Section 4 of the Mental Health CAT Act 1992 explains that the Act’s compulsory assessment and treatment procedures may not be invoked simply because of a person’s what? |
|
|
|
Mental Health: What are your obligation when assisting a medical practitioner under s.110 of the mental health act? |
In all three situations, under section110C(1) & (2) of the Mental Health CAT Act 1992,you :
|
|
|
Mental Health: Can you detain a person under the mental health act on Private property? |
No. You may however enter with:
|
|
|
Alcohol: Section 266, Sale of Liquor Act –Closure of licensed premises by Police. Under what circumstances can you order the closure of a licensed premises. |
|
|
|
Alcohol: Section 267 Sale of Liquor of act –Powers of entry on licensed premises. A constable or an inspector may at any reasonable time enter and inspect any licensed premises. Whilst in uniform on duty the bouncer of Shot Gun Betty's refuses you entry until you produce ID . What is the penalty for delaying Police? |
A person commits an offence and is liable on conviction to a fine of not more than$2,000 who, without reasonable excuse,— Refuses, fails or delays unreasonably in admitting to any licensed premises any constable orinspector who demands entry under this section. |
|
|
Alcohol: Section 269 Sale of Liquor Act –Power of Police to demand information. You enter Shot Gun Betty's and ask a male for identification. He refuses and after warning him he continues to ignore your request. What can you do? |
If any person, without reasonable excuse, refuses or fails to provide any particularsor evidence when required to do so by a constable under this section, and persists inrefusing or failing after being cautioned by the constable, he or she may be arrested,without warrant, by any constable. |
|
|
Alcohol: What are the enforcement principals of a Liquor Ban? |
1. Enforcement will not be directed to strict compliance but rather having regard to the reason for imposing a ban. |
|
|
S&S: s.30 Search and Surveillance. Who can authorise a road block? |
The authorisation may be granted orally or in writing.by a (Senior Constable) sergeant or higher and includes any constable who is acting in any such rank. |
|
|
Staff: What is our business under the Police four year plan? |
Purpose: Visitor Safe/feel safe with fear of crime Vision: Safer communities together, trust & confidence by all living by values. Mission: to be the safest country. Goals: Protected and confident communities Values: PRIMED. |
|
|
Staff: What will Police do to reduce road trauma? |
Work with the neighbourhoods to deliver locally-led prevention programmes on road safety matters; • Work with our established partners to deliver road safety education, improve environmental design and the safety of vehicles; and • Implement measures, as appropriate to Police, adopted under the Government’s Safer Journeys strategy.\ |
|
|
Staff: In 2008 six percent of victims suffered _____% of crime. |
54% |
|
|
Staff:The harm from crashes also has an economic impact, which was estimated to be _____ billion in 2012. |
$3.3 billion |
|
|
Staff: Speed, drink driving and distraction whilst driving remain key issues of concern, especially for young and inexperienced drivers. What will Police do to reduce crime in this area? |
Police will use a combination of prevention, deterrence and enforcement, along with education and information, to protect communities and reduce death and trauma on New Zealand roads. Police will also work with neighbourhoods to deliver locally-led prevention programmes on road safety. |
|
|
Staff: What do Police do? |
|
|
|
Staff: 4 year plan. To drive further change in Police’s desired outcomes, four themes have been identified. What are they? |
• ensuring safer families • improving iwi partnerships • delivering more and better evidence-based policing • establishing a service delivery model that is fully aligned with the Prevention First national operating strategy. |
|
|
Whanau Ora: Sometimes “the system” makes things harder than they need to be. There are two things at play here. What are they? |
Stereotypes and the attitude test from both sides. |
|
|
Whanau Ora: What type of information will Police provide Whanau Ora? |
Police will be working with Whanau ora and providing then with information on victims, offenders, offences and crashes and assist in develop commonsense prevention strategies. |
|
|
Whanau Ora: What are the common crimes that maori are charged with? |
Police charge Māori with involve physical violence, shoplifting, theft from cars, burglary, joy-riding, disorderly behaviour, cannabis, disqualified driving. |
|
|
Whanau Ora: What is the whanau ora strategy regarding talk on crime prevention? |
|
|
|
Whanau Ora: What are the social problems that need to be dealt with. |
|
|
|
Whanau Ora:Taking people out of their families to ‘fix’ them and then putting them back doesn’t work, especially when the family is a gang. What does whanau ora suggest. |
The problem is not with the individual or the family, it’s with circumstances. Whanau Ora believe that positive family relationships can spark change. So, we will support people to make positive choices so that they can influence their family members and help meet their needs. |
|
|
Whanau Ora.: What our goals for 2014/15-2017/18 |
|
|
|
Policing Act: Section 30 Policing Act – Command and control. A supervisor has called in sick. Left to take the supervisors place is a Constable who has been on section for the past 4 years (4 years service) and a detective who helping out for the night who has been in the job for 10 years. Who should take the supervisors roll. |
In the absence of a supervisor, the supervisor’s authority and responsibility devolves on—(a) the Police employee available who is next in level of position; and(b) in the case of equality, the longest serving Police employee. |
|
|
Speak Up: What is inappropriate behaviour? |
• Unethical behaviour (this includes behaviour that causes you to be concerned) • Behaviour which may be a breach of the Code of Conduct • Serious wrongdoing as defined by section 3 of the Protected Disclosures Act 2000 (see ‘Protected disclosures’) • Harassment, bullying and discrimination (see ‘Discrimination and harassment policy’). |
|
|
Speak up: What are the three tiers? |
|
|
|
Speak up: When should you challenge inappropriate behaviour? |
Any inappropriate behaviour should be challenged directly with the employee committing the inappropriate behaviour as soon as it occurs. This sends a clear message to the employee and others that such conduct is not acceptable. However, there may be circumstances where this immediate challenge may not always be appropriate or possible. In these cases, the behaviour can be reported using other methods. |
|
|
Speak up: What are the other methods of reporting? |
|
|
|
Speak Up: Further ways to report inappropriate behaviour? |
|
|
|
Speak Up: As a supervisor what are the steps when receiving a report of inappropriate behaviour? |
|
|
|
Speak Up: What are the steps taken by a Support Supervisor as part of Proactive management? |
|
|
|
EI: Early Intervention is about officers who are going through personal difficulties that are impacting on their work and are in need of some form of support, guidance or assistance. Why ? |
The objective of Early Intervention is to intervene before someone's conduct escalates to the point that formal action is required. Reducing the likelihood that employees will engage in misconduct or unethical behavior in the future. |
|
|
EI: What are the four phases of Early Intervention? |
There are four phases of Early Intervention:
|
|
|
EI: When will early intervention take place with the employee? |
During the analysis stage a meeting will be held between the National early intervention team and the District early intervention lead to decide whether intervention is needed. |
|
|
EI: As an employee are you required to go to an early intervention meeting with your supervisor and the distinct early intervention lead? |
Engagement in Early Intervention is voluntary. No one will be required to participate; nor will they be disciplined or disadvantaged for choosing not to. However an employee is required to attend the initial meeting to receive the Early Intervention information. |
|
|
IT: When is it okay to use Police Technology for personal use whilst on duty? |
It should be in the employee’s own time (e.g. meal and refreshment breaks), unless the use:- does not impede official duties, service delivery, productivity orperformance- occurs for short duration- is not disruptive to other Police employees. |
|
|
IPCA: A person calls at a Policestation or community policing centre to make a complaint. What do you do? |
You make every effort to speak to the complainant and record the complaint in writing. You must not ask the complainant to return or call another day to deal with some other Police employee or section. |
|
|
Police complaints: When an employee refers a complaint to a supervisor. What will the supervisor do? |
• issue appropriate instructions if the matter requires early attention • refer the file to the District Police Professional Conduct Manager who will notify the PNHQ National Manager: Police Professional Conduct. |
|
|
Police complaints: How should you deal with a matter that is not a complaint but rather an expression of dissatisfaction? |
You should make every effort, without delay, to resolve the matter to the satisfaction of the inquirer by way of explanation. |
|
|
Police complaints: Who must be notified of any serious complaints e.g. Complaints involving Police executives or inspectors, complainant that are likely to generate significant media attention or of a sexual nature. |
Where a complaint or issue arises the employee receiving that information must immediately take steps to ensure the appropriate District Commander or National Manager is notified. |
|
|
No Surprises: When must the PNHQ Duty Officer be contacted? |
Incidents relating to:
|
|
|
Prevention: Prevention First requires all staff to seek out prevention opportunities as part of their existing day-to-day work. This requires looking beyond single issues associated with individual cases, and for all staff to do what? |
|
|
|
Prevention: In order to achieve real outcomes for our communities and meet the aims of Prevention First we will develop specific actions. What are those actions? |
|
|
|
Prevention: What are the four components of: Deploy to beat the demand? |
The four components to the model are
|
|
|
Prevention: Police will work with other agencies, service providers and the community, particularly Maori, Pacific and ethnic groups, to address the underlying causes of offending and victimisation. Under the drivers of crime what do police propose to do? |
|
|
|
Prevention: How can we change the mindset of Police regarding Prevention? |
Leadership: Strong leadership, take control of the environment and role model Intel led decisions and prevention activities. Victim Focus: Improving service towards victims. Being attuned to victims’ particular needs and vulnerabilities and responding accordingly. |
|
|
MSO: Taueki vPolice s14; SummaryOffences Act1981, s 4(1)(a). Taueki was charged with disorderly behaviour during a protest. What was outcome of this case? |
Words or actions that intrude into and impair rights of others during protests which involve expression of opinion or information demand higher threshold for constraint. Taueki's behaviour was not likely to cause violence and the presence of four Policeofficers meant violence was significantly less likely to occur; insufficient factual foundation for finding T’s behaviour likely to cause violence; appeal allowed. |
|
|
MSO: Morse v Police: Morse blew a toy trumpet and burnt the NZ flag during a Anzac Ceremony which was considered as offensive behaviour. What was the outcome here? |
The Supreme Court held that, to amount to offensive behaviour, a defendant’s conduct must, as Brooker decided was the case for disorderly behaviour, involve a risk of public disorder. The decision was also made in conjunction with the Bill of rights act in part "freedom of speech". |
|
|
MSO: Falwasser v AG: Falwasser failed to follow instructions when asked to leave his cell. Many attempts were made but failed. Police resorted to the use of pepper spray and baton. What was the outcome here? |
Right to humane treatment – ss 9 and 23(5) was not proven. It was however found that Police used excessive force and the defendant was awarded $30,000 in damages. |
|
|
MSO: R v Pratt [1994]. Police conducted a strip search in public where they located a key which they used to access a locker where the defendant was working and subsequently located a kg of cocaine. |
The evidence of the finding of the keys, and the discovery of the cocaine through the use of them, is inadmissible: because the search was unreasonable. All the evidence obtained as result of the unreasonable search was considered inadmissible. |
|
|
MSO: R v Hufflett. An informant suspected that his employer (director) of the company was committing an illegal act. He assisted Police by providing Police with copies of documents. No search warrant was obtained. Was the court of appeal decision? |
The Court of Appeal found that any search and seizure of the material inquestion was encouraged by the police and could be treated as governmentalin nature, therefore the Bill of Rights protections applied. Police could have obtained a search warrant but chose not to do so making the search unreasonable. |
|
|
Evidence: The rules of evidence fall into three main categories, what are they?
|
1, How evidence may be given
2, Who may give evidence 3, What type of material may be given in evidence |
|
|
Evidence: What is admissible evidence?
|
Evidence is admissible if it is legally able to be received by the Courts.
|
|
|
Evidence: Who is a fact finder?
|
A judge or jury
|
|
|
Evidence: What is the Woolmington principle?
|
The presumption of innocence (the burden of proof lies clearly with the prosecution.
|
|
|
Evidence: What is reasonable doubt?
|
A honest and reasonable uncertainty left in your mind about the guilt of the accused after you have given careful and impartial consideration to all of the evidence.
|
|
|
Evidence: What must a witness 12 years an older do before giving evidence?
|
They must take a oath or affirmation.
A witness under the age of 12 must be informed by the judge of the importance off telllling the truth and not telling lies. After being told this must make a promise to tell the truth before giving evidence. |
|
|
Evidence: Are leading questions allowed during reexamination?
|
No, however they are permitted in cross examination. There are also exceptions during reexamination such introduction questions.
|
|
|
Evidence: Can a witness refresh his or her memory prior to a trial from a written statement?
|
Yes, but the defence should be advised of this and if requested a copy of the statement should be made available.
|
|
|
Evidence: When can either party call apon a witness to rebut something arising during the trial after the completion of their own case?
|
Only with the leave of the court and it is only permissible up to the time when the jury retires.
|
|
|
Evidence: What must a complainant or witness do if they have a support person?
|
Unless the judge orders otherwise they must disclose to all parties as soon as practicable the name of each person who is to provide that support
|
|
|
Evidence: What is the meaning of Probative value.
|
How strongly evidence points to the inference it is said tosupport, and how important the evidence is to the issues in the trial, will determine the level of probative value that a piece of evidence holds. In this sense, probative value of evidence is how strongly and centrally the evidence assists in proving or disproving issues in a case.
|
|
|
Evidence: What principals governing the rules of evidence?
|
Relevnace
Reliabilty Fairness and general exclusion e.g statement taken unfairly in an improper method. |
|
|
Evidence: What is the rules of General exclusion?
|
(1) In any proceeding, the Judge must exclude evidence if its probative value is out weighed by the risk that the evidence will—(a) have an unfairly prejudicial effect on the proceeding; or (b) needlessly prolong the proceeding.
(2) In determining the above in a criminal proceeding, the Judge must take into account the right of the defendant to offer an effective defence. |
|
|
Evidence: Section 9 Evidence Act 2006 – Admission by agreement. Can the parties make an admission by agreement of evidence, if it is not otherwise admissible.
|
Yes but the judge has to ensure that the trial is fair, and a ssuch retains control of the process and may decline to admit the evidence even if all parties agree to its admission; or may not agree to admit it.
|
|
|
Evidence: Limited use of evidence and use for multiple purposes. The general rule should be that, once admitted,evidence will be available to prove “anything that is of consequence to the determination of the proceeding” What provisions limit the use of evidence.
|
s 31, which forbids the prosecution from relying on certain evidence offered by defendants in a criminal case; and
s 32, which forbids the fact–finder from using a criminal defendant’s pre–trial silence as evidence of guilt. The act requires judges to warn juries against reliance on some types of evidence for certain purposes to avoid prejudice and unfairness. |
|
|
Evidence: What is Provisional admissibility?
|
The Judge may admit the evidence, subject to evidence being later offered which establishes its admissibility.
The admitted evidence must be excluded from consideration if an establishment has not been made. |
|
|
Evidence: Public Welfare Regulatory Offences, Martime and aviation. Who does the burden of proof lye with.
|
In these cases the courts have developed a no–fault defence, with the burden of proof on the defendant.
|
|
|
Evidence: There are two types offences in which unsupported evidence of one witness is insufficient. What are they?
|
Perjury and Treason.
|
|
|
Evidence: Section 121(2) provides that there is no requirement for either a general warning to the jury about the dangers of relying on uncorroborated evidence, (unless unreliable) Except for: ?
|
Perjury and Treason.
|
|
|
Evidence: What category of offences are held in a Judge Alone court?
|
Category 1 and 2, but may elect trial by jury for category 3 offences. Category 4 offences will be held in a high court unless a JAT is ordered.
|
|
|
Evidence: You overhear a conversations in a public place between a lawyer and his client relating to an upcoming court case, can the lawyer claim privilege regarding this conversation.
|
No, privilege ones not extend to situations where the staff member overhears a public conversation where legal services are not being sought, or where where in the circumstances make it clear that the communication is not intended to be confidential.
|
|
|
Evidence: What do the veracity rules focus on?
|
The veracity rules focus solely on the truthfulness and do not attempt to control evidence about the accuracy of a statement by a person who is attempting to tell the truth.
|
|
|
Evidence: What does veracity mean?
|
Veracity means the disposition of a person to refrain from lying, whether general or in the proceeding.
|
|
|
Evidence: What is hearsay?
|
Hearsay is a statement that was made by a person other than a witness and is offered in evidence at the proceeding to prove the truth of its contents.
|
|
|
Evidence: Section 18 makes it clear that there are two criteria for admissibility for the hearsay rule what are they?
|
1, Reliability
2, Unavailabilty or undue expense |
|
|
Evidence: Can a business record be admissible as hearsay?
|
Yes
|
|
|
Evidence: Reliability Section 28
A judge must exclude the statement unless what? |
Satisfied on the balance of probabilities that the circumstances in which the statement was made were not likely to have adversely affected its reliability.
|
|
|
Evidence: Once a judge determines that oppression was present what would usually follow?
|
A finding of a breach of the oppression rule will usually follow.
|
|
|
Evidence: What are the three Warnings about identification evidence?
|
The warning need not be in any particular words but must:
A) warn the jury that a mistaken identification can result in a serious miscarriage of justice. B) alert the jury to the possibility that a mistaken witness maybe convincing and C) where there is more than 1 identification witness, refer to the possibility that all of them may be mistaken. |
|
|
Evidence: When is expert opinion evidence allowed?
|
An opinion by an expert that is part of expert evidence offered in a proceeding is admissible if the fact finder is likely to obtain substantial help from the opinion in understanding other evidence in the proceeding or in ascertaining any fact that is of consequence to the determination of the process.
|
|
|
Evidence: What must a judge do regarding receiving expert evidence?
|
The judge must determine whether the expert witness is properly qualified to testify.
Opinions given by non experts on matters calling for expertise are inadmissible. |
|
|
Evidence: What is a expert required to do?
|
An expert is required to demonstrate to the court that he or she has the requisite qualification to be deemed "expert" in the field in question. Evidence offered by an expert should be within his or her area of expertise.
The expert may be qualified through formal study and training from experience or both. |
|
|
Evidence: What must an expert testify on?
|
Experts must only testify within their area of expertise. Those who have general expertise may not be able to give evidence on a specific area within that, if they have no direct expertise on point. It depends on the issue and the expertise.
|
|
|
Evidence: When is a previous consistent statement admissible ? |
A previous statement of a witness that is consistent with the witness’s evidence is admissible: to the extent that the statement is necessary to respond to a challenge to thewitness’s veracity or accuracy, based on a previous inconsistent statement of thewitness or on a claim of recent invention on the part of the witness. |
|
|
Evidence: What is a hostile Witness? |
A hostile witness is one who (s 4) exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavorable to the party who called the witness on a matter aboutwhich the witness may reasonably be supposed to have knowledge; or gives evidence that is inconsistent with a statement made by thatwitness in a manner that exhibits, or appears to exhibit, an intention tobe unhelpful to the party who called the witness; or refuses to answer questions or deliberately withholds evidence. |
|
|
Evidence: What are unacceptable questions? |
Any question that the Judge considers improper, unfair, misleading, needlesslyrepetitive, or expressed in language that is too complicated for the witness tounderstand. |
|
|
Evidence: An associated defendant is not compellable to give evidence for or against adefendant in a criminal proceeding unless—? |
(a) the associated defendant is being tried separately from the defendant; or(b) the proceeding against the associated defendant has been determined. |
|
|
Evidence: Even when a witness is eligible to give evidence and chooses or is compelledto do so, he or she may still be able to refuse or be prevented from answeringparticular questions on the grounds of privilege. What are some of the privileges outlined? |
Several privileges are outlined in the Evidence Act 2006: privilege for communications with legal advisors – section 54 privilege and solicitors’ trust accounts – section 55 privilege for preparatory materials for proceedings – section 56 privilege for settlement negotiations or mediation – section 57 privilege for communications with ministers of religion – section 58 privilege for information obtained by medical practitioners and clinicalpsychologists – section 59 privilege against self-incrimination – section 60 informer privilege – section 64 |
|
|
Evidence: When will a privilege for information obtained by medical practitioners and clinical psychologists – not apply? |
Privilege will not apply if the interaction between the individual and ahealth professional —whether it be for an “examination, test, or … anyother purpose” —was “required by an order of a Judge, or by some otherlawful authority”. |
|
|
Evidence: When can defendant not claim privilege? |
During criminal proceeding when giving evidence about the matter for which the defendant is being tried. |
|
|
Evidence: What must be considered when weighing up the probative value in regards to propensity? |
|
|
|
Evidence: What type of non expert opinion evidence is admissible? |
There is noclosed list of areas in which non-expert opinion is admissible, but it willinclude opinion evidence from a witness about topics such as identity, speed,emotional state, weather, age and so on. (also where there is a mixture of inference and fact that cannot beseparated) |
|
|
Evidence: Can a expert give an opinion out a subject outside his expertise? |
No. The expert must not give opinion evidence outside his or her area of expertise; |
