Practical

Question 1

1. When interviewing suspects and witnesses about conspiracy what cover?

Answer 1

Suspects:

• the existence of anagreement to commit an offence OR
• the existence of anagreement to omit to do something that would amount to an offence AND
• the intent of those involved in the agreement
• the identity of all people concerned if possible
• whether anything was written, said or done to further the common purpose

Witnesses:

• the identity of people present at the time of the agreement
• with whom the agreement was made
• what offence was planned
• any acts carried out to further the common purpose

Question 2

2. What points covered off when interviewing suspect for money laundering?

Answer 2

• suspects legitimate income
• suspects illegitimate income
• expenditure
• assets
• liabilities
• acquisition of financial records from banks, loansharks, finance companies, family trust documents
• clarification of documentary evidence located (as above)

Question 3

3. Examples of conspiring to mislead to justice?

Answer 3

• preventing a witness from testifying
• wilfully going absent as a witness
• threatening or bribing witnesses
• concealing the fact an offence has been committed
• arranging a false alibi
• supplying false information to probation officers
• intentionally giving police false information to obstruct their enquiries
• assisting a wanted person to leave the country
• threatening or bribing jury members

Question 4

4. Four points prove money laundering?

Answer 4

• dealing with property or assisting with such dealing
• source of the property being the proceeds of an offence punishable by 5 yrs imprisonment o rmore committed by another person
• knowledge or belief that the property was the proceeds of such an offence, or recklessness as to whether it was the proceeds of such an offence
• an intention to conceal the property

Question 5

5. Affidavit required for application outlining?

Answer 5

• o/c details
• offender details, charges, criminal convictions
• search warrant, describe nature of offending discovered at or involving the property (asset) concerned. NOTE: where value of the asset is high need to show that the offending was more of a commercial level
• admissions made during interview
• property; describe property sought to be restrained and value and show the offender owns, has custody or control