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
