27 Oct - Resit Flashcards
S.121 Evidence Act 2006 - Corroboration
In general, one witness’s testimony, unsupported by any other evidence, will suffice to prove a case where the COURT IS SATISFIED THAT IT IS RELIABLE AND ACCURATE AND PROVIDES PROOF TO THE REQUIRED STANDARD
S.46 Evidence Act 2006 - Admissibility of voice identification evidence
Voice identification evidence offered by the prosecution in a criminal proceeding IS INADMISSIBLE UNLESS THE PROSECUTION PROVES ON THE BALANCE OF PROBABILITIES THAT THE CIRCUMSTANCES IN WHICH THE IDENTIFICATION WAS MADE HAVE PRODUCED A RELIABLE IDENTIFICATION.
NB: The burden of proof imposed on the prosecution under s 46 is PROOF OF RELIABILITY ON THE BALANCE OF PROBABILITIES. Therefore, the PROSECUTION only have TO PROVE THAT the VOICE ID EVIDENCE IS PROBABLY RELIABLE.
This is rather strange, given that despite the concern that voice identification is less reliable than visual identification, the standard under s 45(2) is proof beyond reasonable doubt, a significantly higher standard than under s 46.
Veracity and Propensity Evidence Act 2006
“veracity” (disposition to refrain from lying)
“propensity” (tendency to act in a particular way).
The rules do not apply to evidence about a person’s veracity if that veracity is an element of the offence for which a person is being tried (e.g. a prosecution for perjury). In Hannigan v R [2013] NZSC 41, 2 NZLR 612, the majority of the Supreme Court held that the VERACITY RULES DO NOT CONTROL EVIDENCE WHICH IS DIRECTLY RELEVANT TO THE FACTS IN ISSUE in the proceedings.
Eligibility and Compellability Evidence Act 2006
S.73 basic rule of non-compellability.
A defendant facing a criminal trial is an eligible but not a compellable witness for either “the prosecution or the defence in that proceeding” (s 73(1) – SO A DEFENDANT CAN GIVE EVIDENCE BUT DOES NOT HAVE TO
F1 - Strategy
Provides a tool for leaders to connect their teams to Our Business – ENSURING ALL OUR PEOPLE ARE CLEAR ON THE PURPOSE OF THEIR ROLE, AND HOW THEY, AND THEIR TEAM CONTRIBUTE TO NZ POLICE.
LEADERS will use the SPT to not only connect their people and their activities to our strategy, they will USE IT TO HAVE THE RIGHT CONVERSATIONS WITH THEIR PEOPLE SO THEY KNOW WHAT WE NEED THEM TO DELIVER TO SUCCEED.
The value of the SPT is that it ALLOWS EVERY LEADER IN POLICE TO HAVE CONSISTENT, HIGH QUALITY CONVERSATIONS WITH THEIR PEOPLE ABOUT OUR STRATEGY, THEIR PURPOSE in Police and what they will need to deliver to help us achieve Our Business. The SPT process will be ongoing so teams will MEET ON A REGULAR BASIS TO REVIEW THEIR PROGRESS AGAINST THE ACTIVITIES AND OUTCOMES stated in their SPT.
FH Policy and Procedures Police Bail
Can a Sgt authorise police bail if acting as Snr Sgt?
Yes. You must have the authority of a supervisor OF OR ABOVE the position LEVEL OF SGT before releasing a family violence defendant on Police bail.
Integrity Reporting and Speaking Up - Reporting
inappropriate behaviour
Reporting of inappropriate behaviour should follow normal reporting lines.
However, if that is not appropriate, or you are not comfortable with that
process for whatever reason, then you may report to any of the following:
· ANOTHER TRUSTED SUPERVISOR, FTO or SENIOR EMPLOYEE in
your district or service centre or work group;
· Local HR team, Area or District Commander, National Manager or Assistant Commissioner;
· One of the Deputy Commissioners or Deputy Chief Executives, or the
Commissioner.
Fleeing Driver Policy - 6 Steps following a direction to abandon
- ACKNOWLEDGE
- IMMEDIATELY
- DEACTIVATE
- STOP
- CONFIRM
- UNDERTAKE
- ACKNOWLEDGE ANY DIRECTION TO ABANDON the fleeing driver pursuit, or advise the Pursuit Controller that the pursuit has been abandoned.
- IMMEDIATELY REDUCE SPEED to increase the distance between the fleeing vehicle and their own.
- DEACTIVATE WARNING DEVICES once below the posted speed limit.
- STOP AS SOON AS IT IS SAFE TO DO SO. If stopping in an area such as a motorway, safety may necessitate that the warning lights remain activated until the vehicle is mobile again.
- CONFIRM to the Pursuit Controller they are STATIONARY and state their specific location.
- UNDERTAKE AN INQUIRY PHASE as directed by the field supervisor.
S.14 NZ Bill of Rights 1990 - Freedom of expression
i.e SEEK, RECEIVE, IMPART INFORMATION AND OPINIONS
Everyone has the right to freedom of expression, including the freedom to SEEK, RECEIVE, IMPART INFORMATION AND OPINIONS of any kind in any form.
S.113 LTA 1998 - When conducting point duty an Enforcement officers must wear?
An enforcement officer must be in: UNIFORM OR WEARING A DISTINCTIVE CAP, HAT OR HELMET WITH A BADGE OF AUTHORITY AFFIXED TO IT, who is for the time being engaged in the regulation of traffic on a road
S.121 LTA ACT 1998 - Enforcement officer may IMMOBILISE VEHICLE, etc, in specified circumstances
(1) An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she believes on reasonable grounds that—
(a) Either—
(i) a person who is for the time being in charge of a motor vehicle, because of his or her physical or mental condition (however arising),—
(A) is INCAPABLE OF having PROPER CONTROL of the vehicle; or
(B) does not complete a C.I.T in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under section 71A; or
(C) FAILS or REFUSES to undergo a C.I.T when required to do so under section 71A; or]
(ii) The requirements of any enactment concerning WORK time or REST TIME are NOT BEING COMPLIED with; and
(b) In all the circumstances, the direction or prohibition or action is necessary in the interests of that person or of any other person or of the public.
(2) The enforcement officer may—
(a) FORBID that person to drive a motor vehicle FOR SUCH A PERIOD as the enforcement officer specifies:
(b) DIRECT the PERSON to drive the vehicle TO A SPECIFIED PLACE where the driver may obtain REST, or where the load on the vehicle or other conditions make it appropriate that the driver should drive to that place:
(c) TAKE POSSESSION OF ALL ignition or other KEYS of the vehicle, and for that purpose require that person to deliver up immediately all such keys:
(d) Take such steps as may be necessary to RENDER THE VEHICLE IMMOBILE or to remove it to a place where it does not constitute a traffic hazard.
(3) The period for which an enforcement officer FORBIDS a person TO DRIVE under subsection (2)(a) must, where the person has UNDERGONE AN EBT and it appears to the enforcement officer that THE TEST IS POSITIVE BE A PERIOD OF 12HRS, unless the enforcement officer is satisfied that there is good reason for imposing a shorter prohibition.
(4) An enforcement officer MAY ARREST without warrant A PERSON WHO FAILS TO COMPLY WITH ANY OF THESE DIRECTIONS given under this section or does or attempts to do any act that is for the time being forbidden under this section.
Te Huringa o Te Tai - Pou Mataaho: Effective Initiatives and Improved Practice
TAKING EVERY OPPORTUNITY TO PREVENT HARM
WE NEED TO ACT MORE PROACTIVELY TO KEEP MĀORI FROM ENTERING THE JUSTICE SYSTEM and, for those who do have contact with the system, stop them coming back.
WE NEED TO ADDRESS THE UNDERLYING CAUSES OF OFFENDING and provide better whānau support for victims, to break the cycle of behaviour and harm.
S.13 IPCA Act 1988 - Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm
Where a Police employee acting in the execution of his or her duty causes, or appears to have caused, death or serious bodily harm to any person, the
Commissioner shall AS SOON AS PRACTICABLE GIVE to the Authority a WRITTEN NOTICE setting out particulars of the incident in which the death or serious bodily harm was caused.
S.121A LTA 1998 - enforcement officer may give directions or immobilise vehicle if driver BREACHES certain LICENSE CONDITIONS
(1) An enforcement officer may exercise all or any of the powers conferred by subsection (2) if the enforcement officer believes on reasonable grounds that a person who is for the time being in charge of a motor vehicle has, in relation to a prescribed class of motor vehicle, BREACHED ANY CONDITION OF A CLASS 1 or CLASS 6 LEARNER LICENCE or a RESTRICTED LICENCE held by that person.
(2) The enforcement officer may—
(a) FORBID the person to drive a motor vehicle until that person is able to comply with the conditions of that person’s learner licence or restricted licence:
(b) DIRECT the PERSON TO drive to A SPECIFIED PLACE (for example, the person’s home):
(c) TAKE POSSESSION OF ALL ignition or other KEYS of the vehicle, and for that purpose require the person to deliver up immediately all such keys:
(d) take any steps that may be necessary to MAKE THE M/V IMMOBILE OR to MOVE the motor vehicle to a place where it does not constitute a traffic hazard.
(3) An enforcement officer MAY ARREST without warrant A PERSON WHO FAILS TO COMPLY with a power exercised under subsection (2).
(4) The power to TAKE POSSESSION under subsection (2)(c) OR TO IMMOBILISE OR MOVE under subsection (2)(d) CONTINUES UNTIL..
(a) the DRIVER IS ABLE TO DRIVE the vehicle without breaching the conditions of that driver’s licence; OR
(b) ANOTHER PERSON IS ABLE TO DRIVE the vehicle without breaching—
(i) that person’s licence:
(ii) any enactment.
S.118 Search & Surveillance Act 2012 - Determining a connection
As soon as you have DETAINED A PERSON UNDER S.118 (Powers of detention incidental to searches of places and vehicles) you must take active steps to DETERMINE whether there is A CONNECTION BETWEEN THEM AND THE SEARCH. The DETENTION CAN ONLY BE FOR THE SHORTEST PERIOD practicable in the circumstances to determine this.
You cannot simply detain the person for the duration of the search and then on completion, consider the matter of connection. In essence, once people have been excluded and cleared of suspicion, they should be informed that they are free to go about their business.
