2. Firearms, TASER, SD, Policing Act 2008, Victims Flashcards
Police responsibility - Arms Act
Ensuring compliance with the Arms Act 1983. To achieve this, police will focus on - The levels of Risk, The actual or potential consequences and the behaviour, attitude and capability of firearms licence holders
What does compliance of the Arms Act 1983 mean?
Compliance means meeting or exceeding the requirements of the regulatory framework that is designed to ensure personal and public health and safety, security of, and the responsible use of firearms.
Te Tari Pureke
Firearms Safety Authority
Decisions regarding Police interventions for firearms licensing will take into account the attitude towards compliance and be:
- Logical, timely and considered.
- Evidence Based
- Made impartially and without fear, bias, prejudice or improper motive
- Sufficiently robust and well documented, to withstand judicial review
- Proportionate to the risk posed by the non-compliance behaviour
- Consistent with the law, public interest and Police values and policies
Factors for consideration - Firearms licensing
C.A.P.E.
- Extent of harm or risk or risk of harm
- Conduct
- Public Interest
- Attitude to Compliance
s22H. Arms Act 1983
Disqualified from FA why and how long?
Under s22H, a person is disqualified from holding a firearms licence if they have within the previous 10 years been convicted, or released from custody after being convicted, of any of the following:
-Offence against the Arms Act
-A serious violent offence
-Offences under the Crimes Act
-Misuse of Drugs Act
-Protection Order has been applied for or put in place
Trespass Act 1980 - Firearms
Under s12, any person who commits an offence against the act and at the time was carrying or had with them a weapon may be disqualified from holding a firearms licence for a period not exceeding two years.
Weapon - Meaning in relation to the Trespass Act
Means any gun, rifle, airgun, or air rifle: and includes any kind of weapon or device from which a shot, bullet, arrow, tranquallising dart, or other missile an be discharged.
Police Safety Orders - Firearms
Under s40 of the Family Violence ACt 2018, a persons firearms licence is suspended while a PSO is in force.
s37 of the FVA means the bound person MUST surrender their firearms licence, weapon in their possession or control.
What happens to a firearms licence holder when a Temporary Protection Order is issued?
A notice of temporary suspension must be issued and all weapons and licence handed in for safe keeping during this period
Final Protection Order
Revoked licence and the licence holder becomes disqualified - Can not be appealed
164 FVA 2018
Retention, return and disposal of weapons for PO
Licence to be suspended on PO issue. FAs to be detained for period of suspension and returned as soon as suspension is ceased.
Section 66 - Arms Act 1983
Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, prohibited magazine or explosive found therein.
- UNLESS proved that it was not their property and that it was in the possession of someone else
Section 66B - Arms Act 1939
Identifying particulars
Person in possession of firearm etc. must give identifying information to Police
-Arrestable if particulars refused or false particulars provided
Law note - Hepi v R 2010
Section 66 - possession
s66. Possession is ‘deemed’ under this section unless they can prove it was not their property or in the possession of some other person.
S202A. Crimes Act 1961
In 4(a) - Offensive weapons means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use
In 4(b) Offensive weapon means any article capable of being used for bodily injury
Disabling Substance means any anaethetising or other substance produced for use for disabling persons, or intended by any person having it with him or her for such use
s202A- Subsection 4(a)(b)
4 - Everyone is liable to imprisonment for a term not exceeding 3 years-
(a) WHO without lawful authority or reasonable excuse, has with him or her in any public place any knife or offensive weapon or disabling substance
(b) WHO has in his or her possession in any place an offensive weapon or 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
s18. Search and Surveillance Act 2012 - RGT?
Warrantless Search associated with ARMS
RGTS person in breach of Arms Act, is incapable of having proper control by way of mental or physical condition, may kill or cause GBH, protection order or PSO in place or there are grounds for PO.
Police Firearms
When can they be carried?
P.A.P.A. T.D.T
- PCA of a situation reaches or is likely to escalate to GBH/Death on TOF
- Active member of AOS or STG
- Protection services as authorised by their supervisor
- Airport duties, role of escorts and guards of people carrying valuables (authorised by District Commander)
- Temporary carriage authorised by inspector or above
- To Destroy animals
- Training purposes
What sections does Fire Orders cover?
39, 40, 41, 48, and 62 of the Crimes Act 1961
Warning shots
Not to be fired except in EXCEPTIONAL CIRCUMSTANCES eg the suspect has been asked to surrender and has not done so, and can be clearly aimed as a warning shot
Shooting at or from moving vehicles
EXCEPTIONAL CIRCUMSTANCES, can be clearly aimed and extreme caution is taken to safegaurd from ricochet
What is the procedure following discharge involving death or injury
- Take control of the scene
- Ensure first aid is rendered
- Manage the scene according to the principles
- Inform the District Commander
Deaths that must be reported to Police
- Unknown cause, suicide or unnatural or violent
- Occurred during medical, surgical or dental treatment
- During childbirth or as a result of being pregnant
- Death in custody or care
- No doctors certificate
Who is qualified to verify a death?
- Registered medical practitioner
- Nurse - Practitioner, registered or enrolled
- Registered midwife
- Intensive Care Paramedic
- Paramedic
- Emergency Medical Technician
How can a deceased body be identified?
- Visual ID
- Fingerprints
- Odontology (dental)
- Comparison identification process (tattoos etc)
- DNA
s32. Policing Act 2008
Identifying particulars of person in custody
- may use Reasonable Force
- a person commits an offence if they fail to comply
Identifying particulars means:
- name, address, DOB
- photograph
- finger, palm, and foot prints
s33. Policing Act 2008
Identifying Particulars for summons
- Who has good cause to suspect the person of committing an offence and intends to bring proceedings by way of summons
s36. Policing Act 2008
Care and protection of intoxicated people. How long for?
If constable reasonably believes person is incapable of protecting him or herself from physical harm, likely to cause physical harm or damage, may detain and take into custody. Not detained longer than 12 hours
May take to place of residence or temporary shelter.
S4. Victims Rights Act 2002
Interpretation - Immediate Family
A member of the victims family, whanau, or other culturally recognised family group who is in a close relationship with the victim at the time of the offence.
- Spouse, civil partner, defacto
- Child or step-child
- Siblings or step siblings
- Parents or step-parents
- Grandparent
S4. Victims Rights Act 2002
Interpretation - Incapable
- Lacks, wholly or partly the capacity to understand the nature and to forsee the consequences, or decisions in respect of personal care and welfare
- Has the capacity to understand the nature etc but wholly lacks the capacity to communicate
- in state of continuing unconsciousness
S4. Victims Rights Act 2002
Interpretation - Victim
- A person whom an offence is committed against and/or suffers physical injury or loss of or damage to property
- The parents or legal guardian of a child or young person unless the parent is guardian is the person who committed the offence.
- A member of immediate family of which the victim dies or is incapable as a result of the offence committed.
s7. Victims Rights Act 2002
Treatment - to be treated with courtesy and compassion with respect to their dignity and privacy
s8. Victims Rights Act 2002
Access to services
A victim or member of a victims 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.
s11. Victims Rights Act 2002
Information about programmes, remedies and services
A victim must, as soon as practicable after the victim comes into contact with an agency, be given information by the personnel of the agency about programs, remedies, all services available to the victim through the agency.
s12. Victims Rights Act 2002
Information about proceedings
Police have a legal obligation to keep victims informed:
- The progress of the investigation
- The charges laid all reasons for not laying charges
- The victims role as a witness in the prosecution
- The possibility of the court making an order prohibiting the publication of identifying information
- The date and place of each court appearance
- The outcome of the prosecution (guilty plea, finding unfit, charge not proved, acquittal, pardon)
- 1st appearance
- Preliminary hearing
- Any trial
- Sentencing
- Hearings of appeal
S17AA. Victims Rights Act 2002
Victim Impact Statement defined
S17AB. Victims Rights Act 2002
Purpose of Victim Impact Statements
- enable victim to provide info to court about the effects of offending
- assists court in understanding victim’s views of offending
- informs offender of impact of offending
s17. Victims Rights Act 2002
Information to be ascertained from victim
s18. Victims Rights Act 2002
Procedure before ascertaining information from victim
- prosecutor must make all reasonable efforts to ensure that the victim is aware what the information is being collected for, that the victim must ensure any information they give us true, and that the information must be recorded and may be verified. The victim is informed about who made properly see or make or keep copies of the VIS
s29. Victims Rights Act 2002
What offences are specified offences?
Specified Offence defined/ qualify for notification register
- An offence of sexual nature
-An offence of serious assault that does not come under the above
- an offence that resulted in serious injury to a person
- An offence that lead to the victim having ongoing fears of safety or the safety or security of one of more immediate family members
s29A. Victims Rights Act 2002
Commissioner of Police to determine whether an offence affecting the victim is a specified offence
s30. Victims Rights Act 2002
Victims (of specified offence) views about release on bail of accused or offender must be obtained and the court must take them into consideration
s31. Victims Rights Act 2002
Police to give victims of specified offences information about right to ask for notice and to appoint representative
s40. Victims Rights Act 2002
Representatives for notice.
Ensures that the victim is given and understands the notices
s49. Victims Rights Act 2002
Complaints
- If the victim believes they have not been accorded the right under sections 11-21, 28 to 48 and 51
s51. Victims Rights Act 2002
Return of property held as evidence
-Must be returned when no longer required
-Does not apply if the person does not want the property returned
What is the time frame in which someone can apply for a firearms licence if they have been convicted of or been released following conviction for an offence against the Arms Act, Crimes Act, Misuse of Drugs Act, a serious violent offence, or have had a protection order made against them?
10 years
If the holder of a disqualified firearms licence successfully applies to the Family Court to discharge a protection order, how long will they be disqualified for?
10 years from the date when the final protection order was originally made
Section 12 - Trespass Act
Any person who commits an offence against the Act and at the time was carrying or had with them a weapon may be disqualified by the court from holding a firearms licence for a period not exceeding two years from date of conviction.
Who can be deployed with firearms?
Certified level 1 responders.
Responsibilities when firearms are carried
- Advise immediate supervisor and police emergency comms centre
- deploy with taser where there there is one available
- wear BAS with soft and hard plates
What are the situations in which firearms can be used?
- training
- animal destruction
- as a tactical option
Principles when offenders are armed:
- ongoing TENR
- It is better to take the situation too seriously than to lightly
- when possible, focus on deescalation and communication
- never go unnecessarily into danger, however if offender is acting in a way making casualties likely, police must act immediately to prevent this
- treat all armed offenders as dangers and hostile
- where practical, police should not use a firearm unless it can be done without endangering other persons
When must fire orders be given?
Operational situations and in training
What 4 situations must a firearms TOR be completed?
- presentation (except AOS and STG)
- discharge (not during training)
- unintentional discharge
- destruction of animals
What is a supervisors role following operational TASER discharge?
- determine whether physical attendance is necessary (eg FaceTime)
- ensure medical attention provided (by registered doctor or where unavailable, and Immediate Life Support qualified ambulance officer)
- ensure scene is preserved and evidence is secured
- ensure operator completes details of use in register
- ensure operator completes TOR and footage is uploaded
- review footage, event logs and TOR
What situations can an unintentional discharge of taser occur?
- Operator error
- mechanical fault
Coroners role in relation to a death
- receive report from police
- decide whether to direct post mortem
- be satisfied with evidence of ID
- authorise release of body
- decide whether to open inquiry and whether inquest should be held
Role of NIIO (National Initial Investigation Office)
- manage cases
- keep families informed
- be the contact centre for next of kin
If a VIS cannot be obtained for first appearance, when is it mandatory to be obtained for
For second appearance.
