2931757
Description
Flashcards by PhilandTracy Sayers, updated more than 1 year ago
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Created by PhilandTracy Sayers
over 9 years ago
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| Question | Answer |
| Arms Act s40 On demand by police, ANY person in POSSESSION of a Firearm, Airgun, Pistol Restricted weapon must provide what? | Person in charge firearm, airgun, pistol, restricted weapon to give name/add/DOB If REFUSE's - Caution; if persists to refuse to provide; ARREST |
| s.66 Arms Act Occupier of premises/driver of vehicle and any FAPRIE found therein | EVERY person occupying land/building or the driver of a vehicle in which a FAPRIE is found is deemed to be in possession UNLESS proves that it was not his property and in the possession of another person (on balance of probability by defence) |
| HEPI v R (Firearms found in house) | S/W at property, cannabis and firearms found although no one home. HEPI owned the house so was deemed to be in possession. Crown proved he was the occupier so deemed to be possessor |
| Police carriage of firearms Who can carry firearms and what certification is required | Constables and employees specifically authorised to do so by the Police Commissioner (Arms instructors). Current NZ 1st aid cert PITT certified for firearm used |
| When can police carry firearms? | When Perceived Cumulative Assessment is in/likely to escalate to DEATH/GBH -or- -On duty AOS/STG -Full time/rostered District Crime Squad -DPS if authorised by DPS supervisor -Security designated Airport duties -Escort/guard for valuables -To destroy animals -Pursuant to Op Instructions by Insp -Training purposes |
| What must you wear if you deploy to a firearm incident | Approved Ballistic armour Armour to be kept in patrol vehicles carrying police firearms and stored where firearms kept at Station |
| What are the rules about the display of Glocks? | Must be carried in an authorised police holster. Empty holsters are not to be worn as a matter of course |
| F061 Explain what it is | Police employees must always be aware of their personal responsibilities when using firearms. An employee is criminally liable for any excess force used; minimum force must be applied to effect the purpose. |
| A firearm should not be used unless it can be done so without endangering any other person | Yip, what more can I type? |
| What three conditions need to be satisfied before firing a firearm | -First asked to surrender (unless impractical or unsafe) -Cannot be disarmed/arrested without first being shot -Further delay in apprehending the offender would be dangerous/impractical |
| What is the personal responsibility of police for knowing when firearms may be used | Every police officer issued with a firearm is personally responsible for ensuring they are conversant with relevant law, particulary s39, 40, 41, 48 and 62 and F061 |
| What is section 39 of the Crimes Act 1961 | Force used to execute process or effect arrest A process includes execute sentence, warrant or other process |
| What is section 40 of the Crimes Act 1961 | Use of force to prevent escape or rescue |
| What is section 41 of the Crimes Act 1961 | Use of force to prevent suicide or certain offences |
| What is section 48 of the Crimes Act 1961 | Use of force for self defence or defence of another |
| What is section 62 of the Crimes Act 1961 | Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess |
| Making the decision to fire. What can you take into account in making the decision to fire. | Your own observations (PCA) Consider any information supplied by other people |
| Using Self defence s48 as a claim for firing at an offender. What is necessary? | Reasonable cause to fear death/GBH to self/another and could not otherwise protect self/other in less violent manner No justification to fire is suspect is no longer a threat to life regardless of previous actions |
| What is the general rule regarding warning shots? | Should not be fired and only fire if: -extreme caution to safeguard others -suspect asked to surrender (if practical) and has not done so; AND -it can be clearly aimed as a warning shot |
| What is the general rule regarding shooting at motor vehicles? | Should not fire at vehicles except in very exceptional circumstances. High probability of missing or ricochet increasing the risk of death/injury/harm/damage |
| What principals should your apply when dealing with armed offenders? | -Better to take matter too seriously than too lightly -Treat all armed offenders/suspected armed offender as dangerous and hostile unless definite evidence to the contrary -Make every effort to prevent casualties -Caution is not cowardice. If permits cordon, contain and appeal surrender -Never go unnecessarily into danger unless acting in a way making casualties likely them must act immediately. |
| What are the general principles regarding carrying TASERS for firearms jobs? | Guided by tactical options framework - although you MUST carry a TASER (if available) when carrying a firearm. Should NOT consider using a TASER against an armed subject (used in support of firearms) |
| What report needs to be completed for a police firearms presentation | A Tactical Options Report must be completed and forwarded to your supervisor Doesn't apply to AOS/STG on an operation or any employee on training |
| What constitutes an unintentional discharge | Employee accidentally discharges Firearm malfunctions and fires Firearm intentionally fired but unintended result (eg training accident) |
| Issuing firearms; any personn issuing or returning firearms must ensure what protocols are followed: | -Firearm register completed issue/return -Firearms cleaned and considered safe for immediate operational use -Firearms/ammo accounted for -No equip retained (not AOS/STG) |
| What post operational procedures are there for a TASER deployment | When a TASER deployed against another person must notify a supervisor asap. In remote areas notify the nearest on duty supervisor |
| When do you need to complete a TOR for the TASER? | In all cases where TASER is shown or used EXCEPT -Training -AOS/STG |
| TASER evidential disclosure | Responsibility of O/C file. If footage requested, contact District TASER coordinator to obtain DVD. PPS may also assist if O/C requests assistance or s30 application is made |
| Sudden death What is the role of a coroner in a sudden death | Receive report from police Decide if PM necessary (direct pathologist) Authorise release of body Decide if enquiry necessary (inquest) |
| What is the purpose of a coroners inquiry? | Establish a person has died Persons identity Where/when person died Cause of death Circumstances of death Make recommendations Determine if public interest served by death being investigated by others |
| What sort of deaths MUST be reported to the coroner | Without known cause Suicide Unnatural or violent death Where no Doctors Certificate issued Death in childbirth or result of pregnancy Death in custody or care |
| Responsibility of reporting a death | Any person who finds a body MUST report that finding to police ASAP unless - already known to police; or will be reported to police |
| Police reporting of deaths to duty coroner. What obligations do police have to report | A police officer who finds a body or a report of a death must report that death immediately to the coroner |
| How do police contact the coroner to notify them of a death? | Via the National Initial Investigation Office (NIIO) on an 0800 number or to the monitored email address NIIO is a 24/7 office. |
| Investigations of death by police | If a death is reported to a coroner by police, the Commissioner must call an investigation to be made: to help achieve the purpose of the act in relation to death; -or- as directed by the coroner |
| Initial reporting to coroner | MUST occur immediately after police attend a scene and confirm a death requiring reporting to the coroner has occurred. Use NIIO 0800 number or email. Greater detail provided later on POL47 |
| Examination of the body at the scene. Factors to consider to determine if suspicious | Suicide in an unusual position Death with no apparent cause Poisoning but no suicidal ideation Body in burned building Injury inconsistent with accident |
| Recording statements for the coroner | Notebook statements are NOT acceptable |
| Sudden deaths involving firearms What to do with the firearm | If not qualified secure and seek help If qualified, assume firearm loaded, empty magazine & action to render safe. Label and secure firearm and exhibits |
| Removing the body and Custody of body for coroners matters | If death is one that mus be reported to the coroner, they have exclusive right to the custody of the body and must secure it until the death is reported to the coroner. Once reported, the coroner has exclusive right to custody and will give police directions about removal for a PM. Body in coroners custody until they authorise it's release |
| Removing the body - coroners matter | A coroner may give any direction they see fit about removal of the body. A body MUST NOT be taken from the place of death via a funeral home unless direction given by coroner |
| Arranging removal of body by the funeral directors | Contact the Coroners Services NIIO and advise -location of body, phone of o/c at scene and any other relevant info. Dr should pronounce life extinct before it is moved. If family present tell talking body to place of safety for coroner to decide if PM necessary. Family not required to use the same funeral director that removes body. |
| What do you do with a death with no suspicious circumstances | Immediate family can arrange for body to be removed provided;- Deceased's doctor located and a certificate for the cause of death is issued; AND it is not a coroners matter |
| A body with no suspicious circumstances about the death but the deceased's doctor cannot be located to issue a cause of death certificate what do you do? | Do not leave the body with the family with the expectation that the doctor will issue the certificate when located. Consult the coroner for directions. |
| What do you do if the immediate family doesn't allow the body to be removed? | Police have power to remove body with warrant; AND seize evidence (w/o warrant) Try consult coroner and others first (e.g. Iwi, pacific liaison officers, victim support) |
| Applications for warrants to remove a body | Apply to District Court Judge if - coroner given directions to remove body and RGB body in place contrary to coroners directions. Police have negotiated and used all other reasonable means without success. May use reasonable force to enter, search and seize |
| Warrantless power to seize evidence relevant to PM | If complying w/coroner to remove body (or executing warrant to remove body) may w/o warrant (use reasonable force) to obtain evidence relevant to PM; AND the evidence was in/on immediate vicinity of the body Evidence must be delivered to coroner. Within 5 days provide a written receipt to the owner oroccupier |
| Security of the body (coroners matter) | If death to be reported to coroner, secure the body until a medical examination ordered by the coroner is complete May require police to inform coroner of concerns of immediate family who wish to view/touch body. The concerns can include risks to determine cause of death, contamination, security of body |
| Viewing, touching or remaining with a body that is in the coroners care | If authorised by coroner and in accordance with any conditions issued; immediate family or their representatives, or chosen by immediate family (ministers or similar etc) may view, touch or remain with or near the body |
| Advising immediate family of death of significant matters | If a death subject to coroner and must be reported, police assist coroner by informing the immediate family asap of the death. When reporting to the coroner is not required, police must inform immediate family as soon as the deceaseds identity is confirmed |
| Coroner to notify persons of PM, inquiry and inquest | A death reported to the coroner requires them to give notice to family representatives and others with interest in the death. Police may be called to assist the coroner to give notice to the family |
| Death of a person in police custody What do you do? | Immediately freeze scene and preserve all evidence (inc. charge sheet) Advise supervisor who will call CIB and establish nature of enquiry (if force used prior to/during/after arrest a homicide enquiry MUST be commenced). Ensure the Dist. Cmmdr informed who informs National Mgr Professional Stnds. |
| Police Act 2008, s32 Obtain identifying particulars of a person in custody | Const may take ID particulars (name/add/dob, photo, prints) of a person in lawful custody if detained for an offence and is at police station (or other such place). Take in a manner reasonable in circum. May use reasonable force as necessary If person fails to provide, caution > arrest |
| Police Act 2008, s33 Identifying particulars for summons | Have good cause suspect person commit offence and intend to summons MAY detain person (any place) to take ID particulars (for period necessary). Manner reasonable in circumstances Force as reasonably necessary Fail to comply is offence |
| Police Act s36 Care of intoxicated persons | Intoxicated person in p/place or intoxicated while trespassing May detain/take into custody if reasonably believe person incapable protecting self from harm or may harm another OR likely case significant property damage,if not practicable to take home/shelter. Must be released sober, max 12hrs (unless Dr advises up to 12 hrs more) |
| Intoxication definition | Observe - affected by alcohol, drugs, substances so coordination, speech, behaviour and balance are clearly impaired |
| Victims Rights Act s7 Treatment of victims | Treat with COURTESY and COMPASSION; AND respect DIGNITY and PRIVACY |
| Victim Rights Act s8 Access to services | Victim/member their family who has welfare/health/counselling/medical/legal needs arising from offence Should have access to those services (access via victim support or refuge) |
| Victim Rights Act s8 Access to services; how do police ensure it occurs after an arrest | Apart from phoning victim support, the CVS1 (Court Victim Advice form) will offer further support to victims an advise how the system works and the progress of their case. |
| Victim Rights Act s11 Information about programmes, remedies and services | Victim must ASAP after coming into contact with an agency (Police, ACC, DHB, MOJ, MSD, Corrections etc) MUST be given information by the agency about their services available |
| Victim information When a victim meets an agency, is that agency obligated to give information about services provided by any other agencies? | No. For example police do not need to provide victims with information about ACC entitlements |
| Victim Rights Act s12 Information about proceedings/ A victim must be given info by investigating authorities about what matters? | Progress of investigation Charges laid or reasons for no charges Victims role as witness Possible court orders (identity of victim) Date/place of appearances,hearings etc Outcome of prosecution/appeal etc Record in NIA victim node for all files |
| Victim Impact Statements Purpose of victim impact statements | -Enable victim to provide info to court regarding effect of offending. -Assist court to understand victim views on offending. -Inform offender of impact of offending from victim perspective -Assist any order sought (reparation) |
| Victim Impact Statements Information to be ascertained from victim | Prosecutor must make all reasonable efforts to ensure info is obtained from victim and includes; -physical injury/emotional harm loss/damage property |
| Victim Impact Statements How do they relate to children or young persons under 17yrs | A CYP who is present or involved as a victim or witness should be included in the Victim impact process the same as the primary victim. |
| Victim Impact Statements How do they help the court? | Assist court by providing information; effect of crime on victim to balance info in offender pre sentence report -provide victim with input into admin of justice -force offender to recognise what they have done |
| What is the maximum age of a victim impact statement | 28 days from date of signing. Update it by adding to bottom and dating. Can include photos/drawings/ Can be electronic/written Must be verified (signed) as true |
| Victims of Specified offences What is a specified offence? | -Sexual nature -Serious assault -Results in serious injury/death/incapable -Victim on going fear on reasonable grounds for safety/security of self and immediate family |
| Specified offences Can a offences which aren't listed as a specified be included? | Yes - presentation of a loaded firearm was led in the court to be a serious assault. Threats to kill and arson are also included (fearing release of person) -Also applies to Youth court- |
| Who completes the VNR (for specified offences) | VNR handed to victim by O/C; it's up to the victim to decide if they wish to register |
| What sort of info does a victim expect to receive for being registered on the VNR | Temp release/escape from prison Absconding from HD Impending prison release Convictions for breach release conditions Recalls to prison Parole hearings/decisions Deportation hearings Claim opportunities |
| How do you tell if your victim is successfully on the VNR | Check the bullyboard under Notifications - victim notification query |
| Victim Rights Act Victims views about bail for offender | If the victim is of a specified offence; AND the person accused applies for bail the prosecutor MUST make all reasonable efforts to obtain victims view on bail and inform the court of those views |
| Victims view on bail for specified offences What obligations does the court have | The court is required to take the victims views into account Victims views relevant to release on bail and bail conditions but NOT to a variation of bail conditions |
| How does the court obtain the victims views on bail | Either through an Opposition to Bail or in the covering 258 to the prosecutor |
| What obligations do Police have in relation to bail for specified offences | Must promptly tell the victim the accused released on bail and advised of any bail conditions and any non association conditions |
| Police to give victims of specified offences information about the right to ask for notice and appoint a representative | Victim of a specified offence may appoint someone to receive info on their behalf, must supply their name and address Up to that person to receive and pass the notifications onto the victim |
| VNR and Youth Discuss | While the VNR applies to youth offenders for sentencing and imprisonment matters, it does not include being informed that the youth is in police or CYF custody |
| VNR Representatives for notice who can victims nominate for the VNR info | A victim may appoint anyone they see fit |
| Victim Rights Act s49. Complaints Can victims complain? | If a victim feels they are not being accorded their rights they may complain- -person who is require to provide right -ombudsman -IPCA Privacy Commissioner |
| Victim Rights Act How does the legislation oblige police to treat victims? | Courtesy and respect and access to services which are responsive to their needs |
| How will any failure to meet police obligations for victims be reported | Police must report these failures to Parliament as part of yearly reporting process which will have flow on effects for operational responsibility and generate a negative public impact |
| What is the role of a supervisor in a CSV1 | To ensure the O/C had completed and attached a CSV1 to the file in every case and a copy is emailed to the local court victim adviser BEFORE the first appearance |
| Discuss the return of property held as evidence | Property held as part of an offence for evidence as much as possible to do so,must be returned to the owner asap after it is no longer required to be held. Doesn't apply if owner doesn't wish it's return. |
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