2.2 Sudden Death & Policing Act Flashcards
In What Circumstances Must A Death Be Reported To A Coroner?
- Death without known cause, suicide, unnatural or violent
- Death during medical treatments
- Death while giving birth
- Death in custody
- Death where no doctor will sign off
Who Is Qualified To Verify Death?
- Registered medical practitioner
- Nurse
- Registered midwife
- Intensive care paramedic
- Paramedic
- EMT
What Is The Hierarchy Of I/D?
- Visual I/D
- Fingerprints
- Dental
- Comparison
- DNA
Everything other than visual requires coroner authorization.
Section 32 Policing Act 2008?
Identifying particulars of a person in custody
- Can take I/P from a person in custody for an offence in a manner that is reasonable and use reasonable force to do so.
- Such person who refuses to do so commits an offence and is liable to 6 months imp and/or $5,000 fine.
What Does Identifying Particulars Mean?
- Name, Address, DOB
- Photograph or visual image
- Fingerprints, palmprints or footprints
Section 33 Policing Act 2008?
Identifying particulars for summons
- Detain a person suspected of committing an offence to serve a summons.
- Can take I/P from a person detained for a summons in a manner that is reasonable and use reasonable force to do so.
- Such person who refuses to do so commits an offence and is liable to 6 months imp and/or $5,000 fine.
Section 36 Policing Act 2008?
Care and Protection of intoxicated persons
Intoxicated person in public place or trespassing on private property can be taken into custody if:
- Incapable of protecting themselves
- Likely to cause physical harm
- Likely to cause damage to property
And is not reasonably practicable to:
- Take them home
- Take them to a temporary shelter
Must be released as soon as they are no longer intoxicated and must not be more than 12hrs.
Section 4 Victim Rights Act Interpretation:
Immediate Family
The Victims spouse, child, siblings, parents and grandparents.
Section 4 Victim Rights Act Interpretation:
Incapable
Lacks the capacity to understand consequences and decisions relating to their wellbeing or;
Has the capacity but cannot communicate these decisions or;
Is in a state of continuing unconsciousness.
Section 4 Victim Rights Act Interpretation:
Victim
- A person whom an offence is committed by another.
- A person who suffers injury, loss or damage of property.
- A parent or legal guardian of the person unless they’ve committed the offence.
- A member of the immediate family who as a result of an offence committed by another person dies or is incapable.
What Rights Do The Victims Have According To Sections 7 & 8?
Anyone who deals with a Victim should treat them with courtesy and compassion and respect their privacy and dignity.
And:
The Victim or member of the Victims family who has issues rising from the offending should have access to services.
What 6 Agencies Must The Victim Immediately Get In Relation To Information On Their Services?
- ACC
- Health NZ
- Corrections
- MoJ
- MSD
- NZP
What Are Police’s Obligations Under Section 12 In Reference To Proceedings?
Inform the Victim promptly, and keep informed as to the progress of the investigation, the reasons for decisions made in regards to proceedings and their role, if any when it comes to proceedings.
What Is The Purpose Of A VIS?
- Provide information to the court about the effects of the offending.
- Assist the court in understanding the Victims views about the offending.
- Inform the offender about the impact of the offending specific to the Victim.
What May A VIS Include?
Photographs, drawing and/or visual representation.
When MUST A VIS Be Made Available?
Best practice is on first appearance however it is MANDATORY on second appearance.
What Is A Section 29 Specified Offence?
- Sexual in nature
- Serious assault
- Offence that results in serious injury, death or renders the Victim incapable
- Any other offence that leads the Victim to have ongoing fears for their safety or security or that of their immediate family
Who May The Victim Make Complaints To If S29 Has Not Been Afforded?
- IPCA
- Ombudsman
- Privacy Commissioner
- Those who failed to uphold the right (Generally Police)
What Are Police Obligations In Regards To Victim/Witness Property?
- Return to them ASAP after it is no longer needed.
- This does not apply if they advise they do not want the property returned (for destruction)
