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S/Sgt CPK 2023 - email ATCV36 for access > 2.3 TASER & Firearms > Flashcards

2.3 TASER & Firearms Flashcards

1
Q

Whenever a TASER is shown or used by an operator against another person, what must the operator do?

A

notify a supervisor as soon as practicable.

if rural or remote stn, notify the nearest on-duty supervisor

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2
Q

What are the 7 action steps of a supervisor after an operational TASER use? (7)

A
  1. PHYSICAL ATTENDANCE - check to see if physical attendance is required
  2. MEDICAL ATTENTION - ensure after care and medical attendtion is provided
  3. PRESERVE SCENE - preserve and photograph scene as may be necessary for further enquiries
  4. EVIDENCE COLLECTION - collect 4-5 cartridge tags
  5. MEDICAL PRACTITIONER - ensure people who are TASERED are seen by a registered medical practitioner, or qualified ambulance officer
  6. UPLOAD FOOTAGE AND TOR - ensure operator completes TASER register, TOR and uploads footage to evidence.com
  7. REVIEW - review footage and TOR

P.M.P.E.M.U.R

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3
Q

What are four action steps of a supervisor after an operational TASER show?

A
  1. Operator or individuals involved submit TOR
  2. Operator completes instances of arching in TASER register
  3. a. Upload into evidence.com
    b. categorises uploaded data incl TOR and event details
    c. shares events in evidence.com w supervisor
  4. Debrief officer, review footage along with TOR.
    Determine if in accordance with instructions and note on TOR form a summary of outcome.
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4
Q

Disclosure is responsibility of O/C file. When taser footage required who should O/C consult?

A

District CJSU.

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5
Q

What should occur if OIA or Privacy Act requests TASER data.

A

Forward to Director: Capability PNHQ

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6
Q

In ensuring compliance with the Arms Act, Police will focus and tailor interventions in line with: (3)

A
  • levels of risk
  • actual or potential consequences
  • behaviour, attitude and capability of licence holders
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7
Q

What two levels of risk will police focus on

A
  • Magnitude of consequences should an event occur
  • likelihood of event occurring
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8
Q

What three things do we know about FA licence holders when it comes to their operating safely, securely and responsibly:

A
  1. lack of awareness, understanding or capability prevent some from operating in a safe or secure, or responsible manner
  2. some make efforts but only because of risk from police of non compliance
  3. some will not comply at all
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9
Q

What do police aim to do when it comes to risk, attitude, behaviour and capability of FA licence holder (4)

A
  1. Make compliance easy for those who can and want to comply
  2. assist those trying to comply but not succeeding
  3. encourage compliance through interventions for those reluctant to comply
  4. full force of regulatory process for those who won’t comply or wilfully negligent
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10
Q

What will Police likely do for those who present low risks and good attitudes

A

provide information, warning, education and encouragement

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11
Q

What will Police do with those where attitude and risk collide

A

response will be at higher end of intervention spectrum

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12
Q

What outcomes do Police compliance activities aim to have

A

personal and public safety, the security of, and the responsible use of firearms

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13
Q

What is the priority with regards to the outcomes of Compliance in Firearms licencing?

A

Achieving the desired compliance outcome rather than commencing enforcement on every technical breach of relevant law.

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14
Q

Compliance interventions will take into account the attitude towards compliance and be: (6)

A
  • logical, timely considered
  • evidence based
  • made impartially without fear, favour, bias, prejudice, improper motive
  • robust, documented, withstand judicial review
  • proportionate to risk posed by non compliment behaviour
  • consistent with law, public interest, police policies and values
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15
Q

What range of interventions are available (6)

A
  • provide information and EDUCATION material
  • WARNING letters
  • improvement notice requiring CORRECTIVE action
  • CONDITIONS on dealers or FA licence
  • TEMPORARY suspension or consideration of revocation of FA
  • REVOKE FA licence, dealers licence or endorsement
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16
Q

What factors do we consider when weighing up the correct intervention tool to apply. (4)

A
  1. EXTENT of harm or risk (including self harm and to others)
  2. CONDUCT (behaviours, intent and capability)
  3. PUBLIC INTEREST (including if it reflects a widespread problem that can be addressed by highlighting the need for compliance)
  4. ATTITUDE to compliance
17
Q

s22H Arms Act DISQUALIFICATION. A person is disqualified from holding a FA if in last 10 years has been convicted of or released from custody after conviction for what offences: (5)

A
  1. Various AA offences
  2. Serious violence offences as defined under s86A Sentencing Act 2002
  3. Certain Crimes Act offences
  4. Certain MoDA offences
  5. Has or has had within previous 10 years a Protection Order made against them (not temporary)
18
Q

However s22H DISQUALIFICATION doesn’t apply in some circumstances. What are these circumstances?

A
  1. Doesn’t apply if person has FA licence and convicted of specified offence or PO against them before the date of commencement of s22H (24/12/20)
  2. If person doesn’t have FA licence it doesn’t matter when the offending occurred within the previous 10 years - they are disqualified
19
Q

What date was s22H inserted

A

24 December 2020

20
Q

What should police promptly do after a disqualifying event occurs

A

Give FA licence holder a notice of revocation of licence to prove they had requisite knowledge they are no longer licenced to possess firearms

21
Q

Can licence holder apply to review or appeal revocation to DC

A

No

22
Q

What is the basis of belief a police employee must have when considering a licence holder is failing, has failed, is likely to fail to comply with provision of arms act.

A

A reasonable belief. Which is an objective basis for belief and proved to the CIVIL standard of “on the balance of probabilities”

23
Q

What does s24 AA require that a licence applicant to be

A

A fit and proper person to be in possession of a firearm or airgun

24
Q

What is the purpose of the AA

A
  1. Promote safe possession and use of FA’s and other weapons
  2. Impose controls on possession and use of FA
25
Q

What other Acts impact on firearms licences?

A
  • Trespass Act 1980 s12 - anyone who commits an offence against this act while carrying a firearm may be disqualified for a period not exceeding 2 years.
  • Family Violence Act 2018 - police safety orders and protection orders
26
Q

If a current licence holder is considered not a fit and proper person, what two sanctions should you consider?

A

Temporary suspension (s60A(1)) while revocation is considered
Revocation (s27(2))

27
Q

What four behaviours would cause Police to review a persons fit and proper status and the continuation of their firearms licence?

A
  1. Unlawful, dangerous, unsafe behaviour
  2. non compliance with licence endorsement, permit
  3. behaviour indicating lack of judgement
  4. poor decision making
28
Q

The assessment as to a persons fit and proper status requires a two stage process

A
  1. involved in specific behaviours in s24; then
  2. severity and recency of specific behaviours
29
Q

s24A(1) (examinable) what are the instances where one or more of these would indicate they may not be a fit and proper person: (18)

A

a) charged or convicted in NZ or overseas offence punishable by prison
b) charged or convicted with offence under AA
c) charged or convicted - burglary s231 CA, game and animal council act, wildlife act, wild animal control act
d) Temporary protection order
e) inflicting family violence and person has grounds to apply for PO in respect to the violence
f) restraining order per Harrassment Act
g) engaged in non compliance with AA - regulations of AA - conditions of licence, permit, endorsement
f) shows/recently shown mental or physical illness adversely affecting ability to safely possess FA’s
i) abuse alcohol or dependant to extent detrimentally effect judgement and behaviour
j) uses drugs (legal or illegal) detrimentally effect judgement or behaviour
k) member, affiliate gang or OCG
l) shows behaviour demonstrating tendency to exhibit, encourage violence, hatred, extremism
m) risk to national security
n) satisfies criteria in s74(1)(bb) (criteria not inconsistent with AA to be fit and proper)

30
Q

When did s24A come into force

A

24 December 2020

31
Q

s24A(2) (examinable) in determining a person to be fit and proper what other four things police may take into account

A
  1. knowledge of safe possession and use of FA’s
  2. understands legal obligations of FA licence holder
  3. other criteria prescribed in AA regulations
  4. other relevant matters Police consider appropriate
32
Q

Does meeting requirements of s24A(1) & (2) on its own prescribe a persons fit and proper status?

A

No this is stage one of the test. Next police need to ascertain.

a) SEVERITY and RECENCY of the behaviour both individually, and then
b) collectively when considered overall taking into account all matters deemed relevant

33
Q

What three things are considered in the 2nd stage of the Fit and Proper assessment

A
  1. Seriousness of failure (type of conduct ie maximum penalty, offence involving risk to safety, specific conduct alleged, risk of harm)
  2. Circumstances surrounding offending (recency, assess all information available, mitigating/aggravating facts)
  3. Totality of behaviour (multiple incidents, history compliance/noncompliance, escalation in harmful behaviour, risk of harm).
34
Q

What should occur if Police decide, based on totality of offending the licence holder doesn’t meet threshold for revocation, but remains marginally a fit and proper person to possess FA or airgun

A

Warning letter outlining facts that risk licence holders Fit and Proper status and consequences of further offending/behaviour

35
Q

s18(1) S&S Act - Once the required reasonable grounds for circumstances in 18(2) are met, what does this section permit?

A
  • search person
  • search anything in persons possession or under his control (incl veh)
  • enter place or veh to search above
  • seize and detain arms found
  • seize and detain FA licence found
36
Q

s18(2) S&S Act. What reasonable grounds to SUSPECT are required to invoke this section:

A
  • person carrying, in possession/control of arms
  • in breach of AA
  • OR by physical or mental condition
  • is incapable of proper control or may kill or cause bodily injury to any person
  • OR PO or PSO in force against the person, or grounds for an application to make a PO against him
37
Q

s18(3) S&S Act - What is the 3rd search can be made in relation to pursuant to this section

A
  • without warrant enter place or veh, search it, seize detain arms or FA licence
  • reasonable grounds to SUSPECT arms in the place or veh in respect to:
    a) cat 3 (>2 yrs prison), cat 4 (conspiracy/attempts) offence or offence against AA has, is being, about to be committed
    b) OR evidential material of cat 3, cat 4 or AA offence
38
Q

What are Arms per AA and S&S Act

A

firearm, airgun, pistol, prohibited magazine, restricted weapon, imitation firearm, or explosive

F.I.R.E.M.A.P

S/Sgt CPK 2023 - email ATCV36 for access (20 decks)

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