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VAWSEEPO
Victim/informant Appreciation Witness Scene Exhibits Elements Powers Offender
Scene Guard Duties
Freeze, Control, Preserve
ensure all entry and exit points are controlled by police staff, if possible
• when other patrols arrive, give them tasks to control the scene or the
people contained in it
• brief them about what has happened and what is expected of them
• ensure they obtain the identity of any people present or who try to enter
the scene
• tell them not to discuss the incident with the news media or other people.
BOR Section 21
Unreasonable search and seizure
everyone has the right to be secure against reasonable search or seizure, whether of the person, property, correspondence or otherwise
BOR Section 22
Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained
BOR Section 23
Rights of person arrested or detained
Must give everyone who is arrested or detained their rights
BOR Section 24
Rights of person charged
- Everyone who is charged with an offence shall be informed promptly and in detail of the nature and cause of the charge AND
- Shall be released on reasonable terms and conditions unless there is just cause for continued detention
- Have the right to consult and instruct a lawyer
- Have the right to adequate time and facilities to prepare a defence
- Have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance
- Have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court
Three factors to prove ‘Attempts’
Intent
Action
Proxemics
Attempts penalty (portion of charge)
50%
Party to a charge (portion of penalty)
Full
Police Values
Professionalism Respect Integrity Maori and the Treaty Empathy Diversity
SELF Test
Scrutiny
Lawful
Ensure Compliance
Fair
MPES Meaning
Maori
Pacific
Ethnic
Services
Main focus of the Turning of the tide document
The Turning of the Tide strategy commits Police and Māori to working together to achieve common goals by 2018. These goals are a:
10 percent decrease in the proportion of first-time youth and adult offenders who are Māori
20 percent decrease in the proportion of repeat youth and adult victims and offenders who are Māori
25 percent decrease in Police apprehensions (non-traffic) of Māori that are resolved by prosecution
20 percent reduction in Māori crash fatalities (without increasing the proportion of Māori injured in serious crashes).
Trespass Act Section 3 (1)
Trespass after warning to leave • Trespasses -on any place • After being warned to leave that place by an occupier of that place • Neglects or refuses to do so
Trespass Act Section 4 (4)
Trespass after previous warnings
• Being a person who has been warned under S4 to stay off any place
• Wilfully trespasses on that place
• Within two years
Trespass Act Section 9
Demanding details of identity
• Where any person is found trespassing on any private land, the occupier or any member of police may require that person to:
-give their name and address AND
-if they are in possession of a firearm, give their firearms licence number
• If the person fails or refuses to comply:
-caution the person AND
-if the person persists in their failure or refusal, arrest
Defences against the trespass act
Protection of your self
Protection of property
Protection of another
Crimes Act S. 39
Arrest is Mine
Gives Authority for any person to use reasonable force in making an arrest or detainment
Crimes Act S. 40
Don’t be naughty
Preventing escape or rescue
The use of force to prevent a person trying to avoid arrest or escape after arrest
Crimes Act s. 41
Don’t be hung
Suicide
Use of force to prevent suicide or certain offences
Crimes Act s. 42
Keep it down you
Breach of peace
Anyone can use force necessary to prevent the disturbance from continuing or restarting
Crimes Act S. 48
Save a mate
Self defence
Everyone is justified to use reasonable force
Crimes Act S. 62
You’re in the poo
Excess of force
Everyone authorised to use force is criminally liable
SCUMBIE Meaning and its use
Used to decide when to refer jobs to the coroner
Suicide
Cause unknown or no
Doctor’s Certificate issued
Unnatural or violent or death
Medical or surgical or dental operation or procedure
Birth deaths or deaths that appear to be the result of pregnancy or giving birth
Institutional deaths
Enactment requires the holding of an inquest
Does a death that a GP is happy to sign off on the cause of need to go to the coroner?
No because cause will be known/natural
Purpose of a coroners inquest?
The fact that a person has died Verification of Death (Cor31)
The identity of the deceased Deceased Person Identification Form
(POL 265A)
The cause of death Pathologist’s Report
Where and when the death occurred POL 47
(Initial Report for Coroner)
The circumstances of the death
Crimes Act S. 315 (2)(a)
Arrest power - He finds a disturbing of the peace OR committing of any offence punishable by imprisonment
Crimes Act S. 315 (2)(b)
Arrest Power - He has good cause to suspect a disturbing of the peace OR committing any offence punishable by imprisonment
Crimes Act S. 316
Duty of person arrested
Reason for arrest must be given unless obvious or impractical
Summary of Offences S. 39 (1)
Power to arrest - Good cause to suspect
Summary of Offences S. 39 (2)
Power to arrest - Within view or refusal to give details
Victims Rights Act S. 7
Treatment
• Any person who deals with a victim e.g. judicial officer, lawyer, member of court staff, police, probation must treat the victim with courtesy, compassion and respect their dignity and privacy
Victims Rights Act s. 8
Access to services:
A victim or member of a victim’s family who has welfare, health, counselling, medical, or legal needs arising from the offence should have access to services that are responsive to those needs
Victims Rights Act S. 11
Information about programmes, remedies and services:
• A victim must, be given information by the personnel of the agency about programmes, remedies, or services available to the victim through the agency
Victims Rights Act S. 12
Information about proceedings:
- The victim must be given information by investigating authorities, members of court staff, or the prosecutor about:
- Progress
- Charges laid or reasons for the filing charges
- Victims role as a witness
- The date and place of each event
- Outcome of the prosecution of the offence
Victims Rights Act S. 51
Return of property held as evidence:
• Property must be returned as soon as practicable after they no longer need to hold it for evidentiary purposes
Is a vehicle in a public place considered public
Yes
Is a vehicle on private property considered a public place
No
Is a taxi or for hire service, whether full or working or empty considered a public place? Even on private land?
Yes
Yes
Crimes Act S. 202 (4)(a)
Possession of offensive weapons or disabling substances (Public Place)
- Without lawful authority or without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse
- Has with him or her
- In any public place
- Any knife OR
- Any offensive weapon (made, altered, intended) OR
- Any disabling substance
Crimes Act S. 202 (4)(b)
Possession of offensive weapons or disabling substances (Any Place)
- Has in their possession
- In any place or any place includes public or private places
- Any offensive weapon (capable) OR any disabling substance
- In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence
Search and Surveillance Act S. 27
Searching people in public places – Offence against 202A(4)(a) Crimes Act 1961
- Suspect a person is committing an offence against Section 202A(4)(a) (in a public place)
- You may search the person after you RAN
Search and Surveillance Act S. 28
Searching a vehicle without warrant for offensive weapons
- Suspect a person travelling in a vehicle (or who has exited the vehicle) is committing an offence against 202A(4)(a) Crimes Act 1961 in a public place AND the vehicle contains a knife, offensive weapon or disabling substance
- You may search the vehicle
CA S.231 Burglary Elements
- Enters
- Any building OR Any ship OR part of any building OR part of any ship
- Without authority
- With intent to commit an imprisonable offence in the building OR ship
- NOTE: S232 relates to aggravated burglary
CA S. 246 Receiving Elements
- Receives
- Any property stolen OR any property obtained by any other imprisonable offence
- Knowing that property to have been stolen or so obtained OR Being reckless as to whether the property has been stolen or so obtained
- NOTE: possession is obtaining the property, being aware it is stolen, aware the item is where it is, has control over the item and intent to exercise control over the item
Nz police Purpose
Be safe feel safe
Nz police vision
To have the trust and confidence of all
Nz police mission
To be the safest country
Our motto
Safer communities together
NZ Police Goals
prevent crime and victimisation
target and catch offenders
deliver a more responsive police service