ADPP Session 5 Final Exam
Section 85 Evidence Act - Answer-Reliability of admissions by defendants
Applies to any act that may influence the reliability of an admission
Who can influence a decision to prosecute a person? - Answer-Investigating officials, accused, victims,
loss prevention officers or someone similar.
s90 Evidence Act - Answer-Discretion to exclude admissions
When can the court refuse to admit evidence of an admission? - Answer-If the evidence is adduced by
the prosecution AND it would be unfair to a defendant to use the evidence
Why should you be careful when questioning a person who is intoxicated? - Answer-It may be unfair to
the defendant
Potential for truth of admission to be affected
When is an admission admissible? - Answer-When the circumstances in which the admission was made
were such as to make it unlikely that the truth of the admission was adversely affected (s85(2) EA)
,Is a confession made by an intoxicated accused admissible? - Answer-Admissible unless the degree of
intoxication is so great as to deprive him of understanding what he was confession (Sinclair v The King)
What can BWV footage be used for? - Answer-To investigate an offence
To decide whether to prosecute
In criminal proceedings
Coronial inquest/inquiry
Care proceedings
Disciplinary proceedings
Extraditions
Crime Commission hearings/examinations
Law enforcement functions
NSWPF training
s40 Surveillance Devices Act - Answer-When/where BWV footage can be used
What is an admission? - Answer-A representation made by a person that tends to prove their guilt
What form can an admission take? - Answer-Words
Writing
Conduct
Example of not communicated representation? - Answer-Unsent email
Diary entry
, What does a 'representation' include? - Answer-Express or implied represention:
- in writing or oral
- inferred by conduct
- not intended to be communicated
- not communicated
Example of not intended to be communicated representation? - Answer-Something not intended to be
seen by another person, or sent to wrong person
Text message/email sent to wrong person
Example of implied representation? - Answer-Cry of pain, exclamation of horror, sarcasm
2 elements of an admission - Answer-1. Made by a person who is a party to a proceeding
2. Adverse to the person's interest in the outcome of the proceeding
What proceedings do admissions apply to? - Answer-Any court case: civil and criminal
What statistic of emergency services end up suffering from PTSD from secondary trauma? - Answer-One
in five
8 ways for police leaders to improve morale - Answer-1. Credit
2. Look for the good
3. Stop micromanaging
4. Get to know the officers
5. Eliminate unnecessary conflict
6. Ask crew how to improve morale
Section 85 Evidence Act - Answer-Reliability of admissions by defendants
Applies to any act that may influence the reliability of an admission
Who can influence a decision to prosecute a person? - Answer-Investigating officials, accused, victims,
loss prevention officers or someone similar.
s90 Evidence Act - Answer-Discretion to exclude admissions
When can the court refuse to admit evidence of an admission? - Answer-If the evidence is adduced by
the prosecution AND it would be unfair to a defendant to use the evidence
Why should you be careful when questioning a person who is intoxicated? - Answer-It may be unfair to
the defendant
Potential for truth of admission to be affected
When is an admission admissible? - Answer-When the circumstances in which the admission was made
were such as to make it unlikely that the truth of the admission was adversely affected (s85(2) EA)
,Is a confession made by an intoxicated accused admissible? - Answer-Admissible unless the degree of
intoxication is so great as to deprive him of understanding what he was confession (Sinclair v The King)
What can BWV footage be used for? - Answer-To investigate an offence
To decide whether to prosecute
In criminal proceedings
Coronial inquest/inquiry
Care proceedings
Disciplinary proceedings
Extraditions
Crime Commission hearings/examinations
Law enforcement functions
NSWPF training
s40 Surveillance Devices Act - Answer-When/where BWV footage can be used
What is an admission? - Answer-A representation made by a person that tends to prove their guilt
What form can an admission take? - Answer-Words
Writing
Conduct
Example of not communicated representation? - Answer-Unsent email
Diary entry
, What does a 'representation' include? - Answer-Express or implied represention:
- in writing or oral
- inferred by conduct
- not intended to be communicated
- not communicated
Example of not intended to be communicated representation? - Answer-Something not intended to be
seen by another person, or sent to wrong person
Text message/email sent to wrong person
Example of implied representation? - Answer-Cry of pain, exclamation of horror, sarcasm
2 elements of an admission - Answer-1. Made by a person who is a party to a proceeding
2. Adverse to the person's interest in the outcome of the proceeding
What proceedings do admissions apply to? - Answer-Any court case: civil and criminal
What statistic of emergency services end up suffering from PTSD from secondary trauma? - Answer-One
in five
8 ways for police leaders to improve morale - Answer-1. Credit
2. Look for the good
3. Stop micromanaging
4. Get to know the officers
5. Eliminate unnecessary conflict
6. Ask crew how to improve morale
