5 Victims and Road Policing Flashcards
Under the VRA what is the definition of IMMEDIATE FAMILY of the victim?
- a member of the victims family group who WAS IN A CLOSE PERSONAL RELATIONSHIP at the time of the offence AND - victims spouse, partner - child or step child - siblings of step siblings - parent or step parent of victim - Grandparents
What is the definition of INCAPABLE according to the VRA?
- A person who LACKS CAPACITY TO UNDERSTAND AND FORESEE CONSEQUENCES regarding their PERSONAL CARE and WELFARE
OR - A person who LACKS CAPACITY TO UNDERSTAND AND FORESEE CONSEQUENCES regarding their PERSONAL CARE and WELFARE AND LACKS THE ABILITY TO COMMUNICATE DECISIONS
AND - unconscious person
What is the definition of a VICTIM as per the VRA?
A person:
- against whom offence has occurred
- who suffers physical injury or loss of property
- parent of legal guardian of a child
- member of immediate family of a person who dies
- who suffers any emotional harm
- who experiences domestic violence
- child or YP who experiences DV
What is the main points of s7 VRA?
Treat the victim with COURTESY and COMPASSION
AND
Respect the victims DIGNITY and PRIVACY
When should you have a CSV1 on the prosecution file?
It SHOULD be on there for the 1st appearance but MUST be on there for the 2nd appearance.
Make sure you update the Victim Contact Node in NIA ‘CSV1 completed’
Police have an obligation under the VRA to provide support for victims, how is this usually done?
By making a referral to Victim Support, Womens Refuge or any other specific agencies.
This referral MUST be done as soon as practical after the victim comes into contact with Police
s12 VRA talks about informing the victim about court proceedings, what can they be told and when?
- progress of investigation
- charges laid or reason for not laying charges
- victims role as a witness for prosecution
- date and place of each hearing
- outcome of prosecution
- any appeal
MUST be told AS SOON AS PRACTICAL
As well as advising the victim of these you CAN also give this info TO ANYONE WHO HAS BEEN DISADVANTAGED by the offending
What can a victim impact statement contain?
As well as a written record of the EFFECTS of the offending it assists with the Court understanding the victims views about the offending.
It can be
- written
- include photos
- drawings
- or any other VISUAL REPRESENTATION
What information SHOULD a VIS contain?
- any physical injury or emotional harm
- any loss of or damage to property
- any other effects of the offence
Who else other than the victim can submit a VIS?
Children who are victims or witnesses SHOULD have a VIS.
Friends of ppl that died (ie car crash in Port Hill friends of the deceased sisters provided VIS)
When should a VIS be on a prosecution file?
SHOULD be on file for 1st appearance but MUST be on file for 2nd appearance
Before getting a VIS off a victim what MUST the victim be told about it?
Who may see it, make or keep copies of it
What offences are specified offences under s29 VRA ?
- sexual nature
- serious assault (inc presentation of a FA)
- Resulted in serious injury
- death of a person
- Victim becoming incapable
- ongoing fears for safety or security (no actually offending but threatening to kill or BOPO)
- Fears for the physical safety or security of immediate family
All these people are able to go on the Victim Notification Register
Eligible victims also covers those who have not suffered physical harm, but who have good reason to fear the offenders release, ie victims of threatening to kill, arson or BOPO
When should you talk to the victim about going on the VNR?
Police MUST determine whether or not the crime perpetrated against the victim falls under s29 AS SOON AS POSSIBLE after they come forward and an ARREST occurs
Police print out form, hand it to victim (can assist filling it out) and it is up to them to post
* shld record that you have given the victim a s29 form in NIA*
What can someone who is on the VNR be informed of?
- temp release
- escape
- absconding from HD
- convictions of breach of release conditions
- prison recall
- pending parole hearings
- notification of parole board decision
- deportation hearing
- claim opportunities
**Police can check on the intranet to see if a VNR application has been successful **
If the victim of a specified offence wants to advise the Court (through Police) their views on bail - can this be done?
Yes - in fact the prosecutor MUST make all reasonable effort to ascertain the views of the victim and pass them onto the court
only applies to victims of a specified offence
If Police believe that the victim of a specified offence IS NOT or MAY NOT be capable ALONE of asking for, receiving or understanding the info what MUST they do?
If Police KNOW or OUGHT TO KNOW that the victim is not or may not be capable of this they MUST not only inform the victim but ALSO a SUPPORT person
Can the victim of a specified offence ask for any and all information regarding the offender to pass on to another person and what obligations does this person have?
Yes the victim may appoint a representative to request and receive all info on their behalf
If the victim appoints a representative, that representative is obliged to receive and pass on the info and must ensure the victim is given and understands any info
The representative MUST give their name and address to Police
The representative will act as a go between
If someone feels that they are entitled to receive any right and feel they have not been afforded that right what can they do and how are these complaints usually resolved?
Compliant about Police
They can complain to:
- the person directly
- an Ombudsman
- IPCA
- Privacy Commissioner
Anyone who RECEIVES a complaint MUST deal with the complaint promptly and fairly
Usually resolved by way of compensation
All complaints made about Police failing to meet their obligations under the VRA are reported to Parliament and physically published
What is the ‘job’ of the Victim Rights Act?
To improve the treatment and rights of victims of offences
What is the Governments vision regarding the Road to Zero strategy?
That no one is killed or seriously injured in road crashes
What is the intermediate target on the Road to Zero?
40% reduction of death and serious injuries on our roads over the next decade
750 fewer ppl killed and 5600 fewer ppl seriously injured
What are the SEVEN Guiding Principals of the Road to Zero?
Involves a holistic view of the road transport system
1 Promote good choices but plan for mistakes
2 Design roads for human vulnerabilities
3 Strengthen all parts of the road transport system
4 Shared responsibility for improved road safety
5 Actions are grounded in evidence & evaluated
6 Road safety actions support health, well being and liable places
7 Make safety a critical decision making priority
What are the 5 focus areas in Road to Zero?
Road to Zero requires improving the quality of our roads, encouraging ppl to drive safer vehicles, incentivising ppl to follow the traffic laws and creating a transport culture that values and protects human life
1 Infrastructure improvement and speed management 2 Vehicle safety 3 Work related road safety 4 Road user choices 5 System management
What are police focusing on for their part of the Road to Zero?
75% of the Polices investment is focused on high risk behaviours (RIDS) and high risk drivers
A strong focus on prevention, we will think holistically
Performance is not measured on output (IONS) but measured by reducing road trauma
What is one of the most dangerous activities Police do daily?
Signalling a driver to stop
The decision to stop, to commence, continue or abandon a pursuit MUST be what?
Continually justified using TENR
TENR must be justified before signally a driver to stop, to commence, continue or abandon a pursuit, what things MUST be included in the thought process?
- threat posed by the occupants
- necessity to immediately apprehend the driver
- risk of harm to any person (inc public, occupants and police)
- who may be harmed if driver flees
- Are police incrasing or decreasing the risk of harm
- Are these risks greater than the initial risk posed by the driver (likely age of driver and occupants)
- what alternative options are there for resolving (ie investigation)
Consider delaying the 3T while coordinating tactical response
SAFETY IS SUCCESS
Each fleeing driver event will be reviewed, what 5 things are the review panel looking for? JACLL
Was the decision; JACLL
- justified
- appropriate
- comply with Police Instructions
- lawful
- Lessons learnt
SAFETY TAKES PRECEDENCE
Before activating lights and siren and signally a driver to pull over what MUST you have considered?
If you are going to pursue or not if they dont stop
If you think the driver may not stop advise comms of
- reason for 3T
- intention to signal driver to stop
- whether a pursuit is going to be initiated if they fail to stop
If a driver fails to stop OR fails to remain stopped for Police a reason to pursue?
No, if a driver has made a decision NOT TO STOP or NOT TO REMAIN STOPPED a job must be entered and K6ed or K9ed and an investigation started to ID the driver
What MUST be communicated to Comms when you are advising that you are in pursuit?
The initial REASON for signalling the driver to stop
What MUST be communicated to Comms when you are advising that you are in pursuit?
The initial REASON for signalling the driver to stop
The priority is to convey the most critical risk info early to inform the pursuit controllers TENR risk assessment, enabling effective command of the pursuit
If a driver fails to stop what MUST you inform comms of as soon as practical?
- Initial reason for stop
- Location
- Direction
- vehicle description
How many POlice cars can be following or in teh pursuit?
No more than TWO unless tactically appropriate, this does not include DOGS
How many Police cars can be following or in the pursuit?
No more than TWO unless tactically appropriate, this does not include DOGS
Who can direct a pursuit be abandoned?
- 1st car and passengers
- Comms
- Pursuit Controller
- 2nd car and passengers
- Supervisor
What should a supervisor be doing during a pursuit that a staff member is invovled in?
Should be actively monitoring the pursuit and MUST be proactively managing the risk created
If a direction has been communicated to abandon a pursuit what should pursuiing cars do?
- Acknowledge direction
- Reduce speed
- deactivate lights and siren once below speed limit
- Stop as soon as it is safe to do so
- Advise pursuit controller they are stationary and location
- STOP ACTIVELY SEARCHING unless specifically authorised by the pursuit controller
- Resume normal duties
When does a fleeing driver notification have to be completed by?
By end of shift UNLESS approval has been given and then within 5 days before you go on RDOs or leave
If Air Support are involved in a pursuit what options can they be directed to take?
- Maintain observation with no comms
- Maintain observation with limited comms
- Maintain observations with full comms
- Vacate the air space
If after the pursuit has been abandoned the pursuit controller gives permission to search can a 2nd pursuit be started?
There will be VERY FEW circumstances where a TENR assessment will justify a 2nd pursuit
Permission will only be given in circumstances where THE THREAT POSED BY THE VEHICLE AND NECESSITY TO IMMEDIATELY APPREHEND THE DRIVER/PASSENGERS OUTWEIGHS THE RISK CREATED BY THE PURSUIT
If after the pursuit has been abandoned the pursuit controller gives permission to search can a 2nd pursuit be started?
There will be VERY FEW circumstances where a TENR assessment will justify a 2nd pursuit
Permission will only be given in circumstances where THE THREAT POSED BY THE VEHICLE AND NECESSITY TO IMMEDIATELY APPREHEND THE DRIVER/PASSENGERS OUTWEIGHS THE RISK CREATED BY THE PURSUIT
Only a SHIFT COMMANDER can authorise a 2nd pursuit
Who can authorise a non compliant vehicle stop?
AOS or STG commander
Only AOS trained staff can execute
