ADPP Session 5 Final Exam
Section 85 Evidence Act - ANS 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? - ANS Investigating officials, accused,
victims, loss prevention officers or someone similar.
s90 Evidence Act - ANS Discretion to exclude admissions
When can the court refuse to admit evidence of an admission? - ANS 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? - ANS It may be
unfair to the defendant
Potential for truth of admission to be affected
When is an admission admissible? - ANS 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? - ANS 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? - ANS 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 - ANS When/where BWV footage can be used
What is an admission? - ANS A representation made by a person that tends to prove their guilt
, What form can an admission take? - ANS Words
Writing
Conduct
Example of not communicated representation? - ANS Unsent email
Diary entry
What does a 'representation' include? - ANS Express or implied representation:
- in writing or oral
- inferred by conduct
- not intended to be communicated
- not communicated
Examples of not intended to be communicated representation? - ANS 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? - ANS Cry of pain, exclamation of horror, sarcasm
2 elements of an admission - ANS 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? - ANS Any court case: civil and criminal
What statistics of emergency services end up suffering from PTSD from secondary trauma? -
ANS One in five
8 ways for police leaders to improve morale - ANS 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? - ANS When your mind tells you that you're done, you're only 40% done
What are some components of emotional intelligence? - ANS Self awareness
Self management
Social awareness
Relationship management
3 steps of a CAN - ANS 1. Commencement
Section 85 Evidence Act - ANS 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? - ANS Investigating officials, accused,
victims, loss prevention officers or someone similar.
s90 Evidence Act - ANS Discretion to exclude admissions
When can the court refuse to admit evidence of an admission? - ANS 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? - ANS It may be
unfair to the defendant
Potential for truth of admission to be affected
When is an admission admissible? - ANS 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? - ANS 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? - ANS 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 - ANS When/where BWV footage can be used
What is an admission? - ANS A representation made by a person that tends to prove their guilt
, What form can an admission take? - ANS Words
Writing
Conduct
Example of not communicated representation? - ANS Unsent email
Diary entry
What does a 'representation' include? - ANS Express or implied representation:
- in writing or oral
- inferred by conduct
- not intended to be communicated
- not communicated
Examples of not intended to be communicated representation? - ANS 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? - ANS Cry of pain, exclamation of horror, sarcasm
2 elements of an admission - ANS 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? - ANS Any court case: civil and criminal
What statistics of emergency services end up suffering from PTSD from secondary trauma? -
ANS One in five
8 ways for police leaders to improve morale - ANS 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? - ANS When your mind tells you that you're done, you're only 40% done
What are some components of emotional intelligence? - ANS Self awareness
Self management
Social awareness
Relationship management
3 steps of a CAN - ANS 1. Commencement
