Conceptual Actual Exam Questions With
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1. What is meant by evidence? - ANSWER Evidence is information
presented in admissible form.
Once tendered and accepted by the court, evidence tends to prove or disprove
the existence of a fact in issue in the court proceedings.
2. What are the 3 types of evidence? - ANSWER Original, facts perceived
by a witness using any of their five senses—
sight, touch, taste, hearing or smell.
Real or Physical, evidence includes trace evidence such as DNA.
Documentary, contained in documents and can include written records, electronic
records and audio-visual records.
3. What are the classifications/categories of evidence? - ANSWER Direct
goes directly to one of the
elements of the offence and proves
or disproves it.
Indirect evidence infers one of the
elements.
Inculpatory Evidence that incriminates the
,accused of the offence in
question.
Exculpatory Evidence that indicates that the
accused did not commit the
offence in question.
4. What is meant by admissible evidence? - ANSWER Admissible evidence
is evidence permitted by the law to be considered by a judge or jury
deciding the merits of an action.
5. What are the 3 basic concepts of admissible evidence? - ANSWER
Relevant, Reliable, Fair.
6. What is meant by prima facie/facia? - ANSWER Police must ensure
they have prima facia case before they place an accused person before the
court.
The court decides whether evidence will be admitted into court proceedings.
Evidence gathered in an investigation is scrutinised and needs to comply with the
rules of evidence.
7. What are the 4 rules of assertiveness? HERB. - ANSWER Honestly
express ideas and feelings
Negotiate on equal terms
Relevant facts only
Stick to your bottom line
, 8. What do you think duty of care means? - ANSWER Taking all
REASONABLE steps to avoid acts or omissions that could be REASONABLY
FORESEEN to harm people.
9. Who do you think duty of care applies to? - ANSWER Police officers
owe a duty of care to anyone in their work environment. As the police work
environment covers New South Wales, the list of applicable people could be
endless, depending on the situation. Some examples include members of
the community, offenders, victims, witnesses and other police.
10. What do you think reasonably foreseeable means? - ANSWER What an
average person in the same situation could have predicted as a risk
11. What is negligence? - ANSWER Negligence means failure to exercise
reasonable care and skill
12. What constitutes custody? - ANSWER Having legal access to and
control over another person.
Custody is a combination of two things:
1 A person is no longer free to come and go at will from the physical presence of a
police officer.
2 The police officer has the intention and ability to actually prevent that person's
departure.
, 13. What does legal access mean? - ANSWER Legal access means the
lawful right to arrest or detain a person
14.What are some examples of legal access where a police officer's duty
requires a response but the person is not arrested for an offence? -
ANSWER Arresting someone for the purpose of a drug or alcohol
analysis.
Stopping and searching a person for drugs where there is reasonable cause to do
so.
Detaining someone as an intoxicated person.
Detaining someone for the purpose of an immigration check.
15. Having legal access alone does not constitute a person being in custody.
Police must also have control over the person. What do you think
constitutes control? - ANSWER Once police have a lawful right to arrest
or detain a person or their duty requires a response and they then have
control over that person to prevent them from leaving, that person is in
custody.
Custody = Legal access + Control
16. What is the safeguard stated in section 202 of LEPRA - ANSWER I.P.E
Introduce/Identify yourself
Prove that you're a police officer
Explain your reason for arrest or being at the scene.
17. Why do police investigate? - ANSWER To search for the truth