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
7. Small gestures e.g. birthday cakes
8. Communicate openly, honestly and positively
What is the 40% rule? - Answer- When your mind tells you that you're done, you're
only 40% done
What are some components of emotional intelligence? - Answer- Self awareness
Self management
Social awareness
Relationship management
3 steps of a CAN - Answer- 1. Commencement
2. Filing
3. Service
s172 Criminal Procedure Act - Answer- Gives police ability to commence
proceedings through a CAN
What must a CAN describe? - Answer- 1. The offence
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
7. Small gestures e.g. birthday cakes
8. Communicate openly, honestly and positively
What is the 40% rule? - Answer- When your mind tells you that you're done, you're
only 40% done
What are some components of emotional intelligence? - Answer- Self awareness
Self management
Social awareness
Relationship management
3 steps of a CAN - Answer- 1. Commencement
2. Filing
3. Service
s172 Criminal Procedure Act - Answer- Gives police ability to commence
proceedings through a CAN
What must a CAN describe? - Answer- 1. The offence
