ADPP Session 5 Final Exam Questions
With 100% Correct Answers
Section 85 Evidence Act - Correct 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? - Correct Answer-Investigating officials,
accused, victims, loss prevention officers or
someone similar.
s90 Evidence Act - Correct Answer-Discretion to
exclude admissions
When can the court refuse to admit evidence of an
admission? - Correct 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? - Correct Answer-It may
be unfair to the defendant
Potential for truth of admission to be affected
,When is an admission admissible? - Correct
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? - Correct 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? - Correct
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 - Correct Answer-
When/where BWV footage can be used
What is an admission? - Correct Answer-A
representation made by a person that tends to
prove their guilt
What form can an admission take? - Correct
Answer-Words
Writing
Conduct
Example of not communicated representation? -
Correct Answer-Unsent email
Diary entry
What does a 'representation' include? - Correct
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? - Correct Answer-Something not
With 100% Correct Answers
Section 85 Evidence Act - Correct 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? - Correct Answer-Investigating officials,
accused, victims, loss prevention officers or
someone similar.
s90 Evidence Act - Correct Answer-Discretion to
exclude admissions
When can the court refuse to admit evidence of an
admission? - Correct 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? - Correct Answer-It may
be unfair to the defendant
Potential for truth of admission to be affected
,When is an admission admissible? - Correct
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? - Correct 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? - Correct
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 - Correct Answer-
When/where BWV footage can be used
What is an admission? - Correct Answer-A
representation made by a person that tends to
prove their guilt
What form can an admission take? - Correct
Answer-Words
Writing
Conduct
Example of not communicated representation? -
Correct Answer-Unsent email
Diary entry
What does a 'representation' include? - Correct
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? - Correct Answer-Something not
