355EXAM2PREP Flashcards
Your power to enter a licensed premises comes from Section 267 of the Sale and Supply of Alcohol Act while Section 269 Sale and Supply of Alcohol Act is:
Power to demand information
When deciding whether genuine fears for a missing person’s safety exist, you should consider three factors these are:
Zones of Safety, Age, Circumstances
A firearms license must be renewed every…
10 years
John crashes his car into another car causing an injury to the other party. How long does he have to report the crash?
Within 24 hours
Any person who breaches a PSO and they cannot be located you have XXX to locate them
1 month
Is section 14 reportable under section 169 of the Search and Surveillance Act 2012?
No. Whilst section 14 is an entry power, because it does NOT confer a power of search it is not reportable under 169.
What is the definition of ‘child’ in relation to Care & Protection of a child or young person
Child means a person under the age of 14 years
What types of drugs can you search for when using a warrantless search power under the Search and Surveillance Act?
Any controlled drug listed in the First Schedule, Part One of the Second Schedule, Part One of the Third Schedule, Part Three of the Fourth Schedule (specified or described precursor substances)
Police have the powers to detain people under section 109 of the Mental Health Act. What must be satisfied before a person can be detained?
Any person wandering at large in a public place AND Behaving in a manner that gives rise to a reasonable belief that he / she may be mentally disordered AND The member believes it is the interest of the person or public to do so
In relation to the Trespass Act, what does ‘Lawful Occupier’ mean?
Any person in lawful occupation of that place or land and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land.
What is the minimum age that a person can have a firearms licence?
16 Years Old
‘Statement’ is defined by the Evidence Act as:
(a) a spoken or written assertion by a person of any matter; or
(b) non verbal conduct of a person that is intended by that person as an assertion of any matter.
What responsibilities are covered under section 11 of the Victims Rights Act?
Members of police, officers of the court, and health and social
services personnel should inform victims at the earliest opportunity
of the programmes, services and remedies available to them.
Adam, Brett, Chloe, David & Eli all meet at Adam’s house. Adam tells them that he knows how to get into Smithdale High School and steal the computers. They all agree that it would be a good plan to get some computers they could sell for cash. Adam gives them instructions on how beat the school alarm system. Adam stays at home whilst all the others go to the school and to get the computers.
What is Adam liable for?
Burglary under Crimes Act 1961 Section 66(1) because he counselled the others to commit the arson.
Jacob is 17 when he commits an offence. He is arrested for that offence when he is 18 years old. He will be read his ___ caution rights. He will appear under the ___ Court jurisdiction. Sam is 17 when he commits an offence. He is arrested for that offence when he is 19 years old. He will be read his ___ caution rights. He will appear under the ___ Court jurisdiction.
Adult, Youth, Adult, District
What section of the Search and Surveillance Act allows you to conduct a drugs search on any person found in a vehicle or place that is subject to a warrantless drug search?
21 - warrantless searches of people found in or on places or vehicles
You believe that there are drugs in a vehicle. This vehicle drives past you and you stop it under Section 121. Can you enter and search the vehicle under this section as well?
No Section 121 is a stopping vehicle power only
When MUST a Constable provide RAN when exercising a power under 116 of the Search and Surveillance Act 2012?
On the request of any person affected by the exercise of the power
John crashes his car into a letter box. He has xx hours to report it to the owner or xx hours to report it to the police if the owner can’t be found:
48, 60
Question:
Peter completes an evidential breath test and comes back with a postive result of 450 micrograms per litre of breath. You provide him 10 minutes to consider whether he wants a blood test. After 1 minute Peter tells you that he does not want a blood test. What do you do?
Tell Peter he still needs to wait until the full 10 minutes is up. Restart the 10 minute period.
What is a possible defence to an Unlawfully on Property charge?
If the defendant satisfies the Court that he had no such intention to commit an offence on that property
Gardening and mowing the lawns naked when the person can be seen by neighbours, especially children is an example of what?
Offensive behavior
Johnny is 13 years old and has not been dealt with by police before. He breaks into a house while nobody is home and steals $5000 worth of jewellery. Is Johnny criminally responsible for his actions?
No - to be criminally responsible for burglary an offender must be at least 14 years old or between 12-13 years old AND be classified as a ‘previous offender’
Explanation:
Where the child is aged 12 or 13 years, and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years
What are the three strategic pillars of Te Huringa O Te Tai (Turning of the Tide)?
Pou Mataara (Our People and their mindset), Pou Mataaho (Effective initiatives and improved practice), Pou Hourua (Effective Partnerships)
A person in possession of any arms item or ammunition must, on demand, give their…
Name, address, DOB
What does Section 41 Mental Health Act 1992 give Police the power to do?
Assist a DAO, allows police power to enter, detain and transport the person for an assessment
A victim is on life support in hospital after being stabbed by an offender. CCTV shows the offender throwing the knife into a rubbish bin on Queen Street. As you arrive to secure the knife a rubbish collector pulls out the rubbish bag and walks back to their truck.
You get to the worker before they put the rubbish in the truck.
What powers do you have in relation to seizing the knife from the rubbish bag?
Search for evidential material under Section 16 Search and Surveillance Act 2012
You are conducting a road check point for alcohol. John refuses your request to carry out a passive breath test. What do you do next?
Require John to undergo a breath screening test without delay
Opinion evidence is an inference from observed facts. In most occasions opinion evidence given by a non-expert is inadmissible unless:
The person is giving their opinion about a persons age
Three offenders are involved in an aggravated robbery where $10,000 cash is stolen. They drive away from the scene in a blue Mazda rego ABC123. You conduct an Enquiry at the registered owners address and speak with the owner who does not match the description of the offenders. You direct the owner to tell you who has the vehicle at the time of the offence. How long does the owner have to provide the details?
14 days
How long does a driver who has failed an EBT get to decide if they want to do a blood test?
10 minutes
If you detain a youth under Section 48 you must submit a written report to the commissioner within:
3 Days
You are working on a Tactical Crime Unit targeting a small organised crime gang. An informant tells you that one of the gang members went inside a private property 5 minutes ago carrying a pair of nun chucks. What are your powers to enter the house to search for the offensive weapon?
You require a search warrant
Who determines whether a post mortem is completed on the deceased?
The Coroner
