All Combined Flashcards
1
Q
Section 39, OT Act 1989 relates to the place of safety warrant. Who can issue them and under what circumstances?
A
Any DC Judge if available or issuing officer can if satisfied that there are reasonable grounds to suspect the child or yp is suffering or likely to suffer ill treatment, neglect, deprivation, abuse or harm.
2
Q
Section 39, OT Act 1989 relates to the issuing or a place of safety warrant where there is a belief that a child or yp has or is likely to suffer, ill treatment, serious neglect, abuse, serious deprivation or serious harm. When executing the warrant what may you do?
A
- Enter and search by force if necessary any dwelling, building, aircraft, ship, carriage, vehicle, premises or place
- If belief on reasonable grounds that the child or yp has or is likely to suffer ill treatment, serious neglect, abuse, serious deprivation, or serious harm;
(i) remove or detain by force if necessary the child or yp and place them into care of the chief executive or
(ii) If the child is in hospital, direct the Medical Superintendent to keep them in hospital
3
Q
Section 42, OT Act - Emergency Search Power allows you to do what?
A
Where there is a belief on reasonable grounds that it is critically necessary to protect a child or YP from injury or death, may without a warrant;
(i) Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place;
(ii) Remove or detain, by force if necessary, the child or YP and place them in the care of the Chief Executive
4
Q
Section 42 - OT Act 1989 - Emergency Search Power.
When executing this power how many days do you have to report the matter and to whom?
A
Within 3 days after the day on which the power is exercised a written report to the Police Commissioner advising of the power executed and circumstances.
5
Q
Section 48 - Unaccompanied Child or YP - Allows you to do what?
A
Where a child or YP is found unaccompanied by a parent, guardian or usual care giver in a situation where the child or YP’s mental health is or is likely to be impaired may, using reasonable force if necessary, take the child or YP and:
(a) deliver the child or yp to the parent, guardian or other care giver if they consent or
(b) If -
(i) The child or YP does not wish to be returned to their parent, guardian or care giver or
(ii) No parent, guardian other person is willing to have custody of the child or YP -
place the child or YP in the care of the chief executive.
6
Q
What is the difference between Section 39, OT Act 1989 - Place of Safety Warrants and Section 42, OT Act 1989 - Search without Warrant, OT Act 1989?
A
Section 39 relates to a warrant to remove or detain a child or YP where they have or are likely to suffer ill-treatment, serious neglect, abuse, serious deprivation or serious harm. Section 42 is an emergency search power without warrant where there are reasonable grounds to believe it is critically necessary to protect a child or YP from injury or death. Section 39 should be used if actions can be delayed.
7
Q
What is the age of a child and young person?
A
Child - 13yrs and under
Young Person - 14yrs - 17yrs
8
Q
Section 208 - Principles - Section (2)(a) princples to consider when charging?
A
(2)(a) unless the public interest requires otherwise, criminal proceedings should not be instituted against the child or YP if there is an alternative mean
9
Q
Section 208(2)(b) - Principles to consider when charging a child or YP?
A
208(2)(b) - no criminal proceedings should be instituted to provide any assistance or services needed to advance the wellbeing of the child, young person or their family/whanau etc.
10
Q
Section 208(2)(c) - Principles to consider when charging a child or YP?
A
208(2)(c) - any measures for dealing with offending by child or YP should be designed to:
(i) strengthen the family/whanau of the child or YP and
(ii) foster the ability of the family/whanau to develop their own means of dealing with offending by the child and YP
11
Q
Section 208(2)(e) - Principles to consider when charging a child or YP?
A
208(2)(e) - a child or YP age is a mitigating factor in determining -
(i) whether or not to impose sanctions in respect of offending by the child or YP and
(ii) the nature of any such sanction’s
12
Q
Section 214 - Arrest child or YP without warrant.
Any enforcement officer has power of arrest without warrant. This power should not be used unless the officer is satisfied on reasonable grounds that?
A
(a) that it is necessary to arrest the child or YP without warrant for the purpose of -
(i) ensuring court appearance
(ii) prevent further offending
(iii) prevent loss or destruction of evidence or interference with any witness
(b) where a summons would not achieve that purpose.
13
Q
Section 214(2) - Arrest child or YP without warrant relates to other circumstances where an officer may arrest a child without warrant. What are the circumstances of this?
A
- The child or YP has committed a category 3 or 4 occence where the penalty includes a sentence of life or 14yrs and
- It is in the publics interest
14
Q
Any officer who arrests a child or YP must submit a written report to the commissioner. How many days do you have to submit the written report?
A
Within 3 days of making the arrest and the report must state the reason for the arrest.
15
Q
Section 214A, OT Act 1989 - Arrest of Child or YP breaching bail. When may you arrest the child or YP for breaching bail?
A
(a) where the child or YP is on bail and
(b) the constable believes on reasonable grounds that -
(i) the child or YP has breached a condition of bail and
(ii) the child has breached that bail 2 or more times previously
Note:
Any arrest under this power must be approved by a Youth Aid sergeant or in their absence, a supervising Sergeant or above or qualified youth aid officer.
16
Q
Section 215, OT Act 1989 - Child or YP to be BOR before being questioned.
When should you caution a child or YP?
A
(1) Every officer who has reasonable grounds to suspect the child or YP of committing an offence or before asking any question intended to obtain an admission must explain -
(a) if the officer has the power to arrest the child or YP, they may be arrested if they refuse to provide their name and address, they cannot be served with a summons and
(b) that the child or YP is not obliged to accompany the officer for the purpose of questioning and if they consent to doing so, may withdraw consent at any time; and
(c) the child or YP is not obliged to give any statement; and
(d) that if the child or YP consents to giving a statement, they may withdraw consent at any time; and
(e) that any statement may be used in evidence in proceedings; and
(f) the child or YP is entitled to consult with and make the statement in the presence of a lawyer nominated by them
17
Q
Who may a child or YP nominate as a support person?
A
- Parent or guardian
- Adult family or whanau member
- Any other adult nominated by the child or YP
- If the child fails or refuses to nominate a person, any adult nominated by the Officer (No Police)
18
Q
When can a Officer refuse to allow a child or YP to consult with a person they nominate?
A
- If the Officer believes the person would attempt to pervert the course of justice or
- The person cannot with reasonable diligence be located or is not available within a reasonable time
19
Q
Section 229 - Notifying parents or guardians of Child or YP of their arrest or questioning.
When must you advise the parents or guardians of the Child or YP of their arrest and/or questioning?
A
As soon as practicable after the child or YP is taken to an enforcement agency office for their arrest and/or questioning.
Note:
If the child or YP nominates an adult who is not their parent or guardian to support them, the officer must still inform the parent or guardian of the arrest/questioning.
20
Q
Where a child or YP has been arrested to satisfy “WEEP” (214 OT Act 1989) or for breaching bail, when must you place them in the care of the chief executive?
A
As soon as practicable and no later than 24hrs after arrest
21
Q
Section 236, OT Act 1989 - Young Person who is arrested maybe detained in Police Custody under a Joint Certificate.
This section allows a Officer to detain a YP in Police Custody if they are satisfied on reasonable grounds that - The YP is likely to abscond, be violent AND suitable facilities are unavailable.
How long can they be detained for and how long do you have to submit a written report?
A
If a Joint Certificate is issued they Child or YP maybe detained for a period exceeding 24hrs, until Court Appearance.
If a joint certificate is issued the officer must within 5 days after the day of issue submit:
- a copy of the certificate
- a report of the circumstances and the period of time which the YP has been detained for or likely to be detained in Police Custody
22
Q
What is the time limit when obtaining a DVD recorded Victim statement involved in a FV occurrence?
A
Recording must be made bt a Police Employee and no later than two weeks after the alleged FV episode.
23
Q
Where there is evidence of a FV offence or breach of protection order, an arrest should be made. Where other actions are considered what should you do?
A
Where other actions are contemplated, you must consult your supervisor before proceeding. It is advisable to contact the family harm coordinator/specialist who may have relevant information known through multi agency tables.
24
Q
When a protection order or related property order has been breached and there is sufficient evidence to prove a charge what must you do?
A
- charge the offender
- not release the offender on Police bail for 24hrs unless there is a court hearing earlier than this where bail is granted. The offender is not bailable as of right under Section 7(2), Bail Act 2000
25
Who can issue an Police Safety Order? And what is the maximum time they can be issued for?
A qualified constable or a constable authorised by a qualified constable. A qualified constable is a sergeant or above, appointed under Section 63, Policing Act 2008. PSO’s can be issued for up to 10 days.
26
What are the immediate effects of PSO’s?
- Surrender any weapon or firearms licence
- Vacate any land/building occupied by the person at risk, regardless of legal interest
- Provide a cooling down period where the person at risk has space and time to seek assistance including applying for court orders
27
When is a bound person of a PSO authorised to contact the person at risk?
- If it is reasonably necessary in an emergency
- If it is permitted under a protection order
- If attending a family group conference
- If necessary to attend a court proceeding such as restorative justice
28
If a parenting order is in place where a PSO has been issued, can the bound person continue with conditions prescribed by the parenting order?
No, the PSO over rules the parenting order for the duration of the PSO.
29
Who can isssue a PSO and under what circumstances would a PSO be issued?
A qualified constable or constable authorised by a qualified constable may issue a PSO against a person who has been in a family relationship with another person, if there is reasonable grounds to believe that the PSO is necessary to keep the person at risk safe from family violence.
You should consider:
- whether the person posing risk has, will or is likely to inflict further family violence
- the welfare of any children residing with the person at risk
- the hardship that may be caused if the order is issued
- any other matter that maybe relevant
30
When can a PSO not be issued where there has been a family harm event?
- Where the person posing the risk is to be charged with family harm related offences. Bail conditions will serve the purpose of a PSO.
- A PSO cannot be issued on a child under 16yrs
31
When issuing a PSO you should always consider any financial hardship that maybe cause. What things should you consider?
- Who has the family car
- Who is in charge of family finances such as bank cards
- Whether the bound person has finances to find alternative transport and accommodation
- children that may require intensive care
32
PSO’s issued longer than 5 days are only used where there is a likelihood of serious harm occurring. In what situations would you seek a PSO longer than 5 days?
Where a protection/property order is being sought or where a victim relocation is being sought.
33
How long can someone be detained for the purpose of serving a PSO and what powers do Police have if the refuse to remain?
- 2hrs from the time the constable decides a PSO is necessary
- $500 fine and maybe arrested without warrant
34
When arranging support for a person at risk of a PSO what support should a officer provide?
The officer should contact a family violence support agency as part of the frontline safety plan while at the scene.
35
Any court decisions relating to issuing of PSO’s etc. must be reported to the person at risk if they were not present during proceedings. What three steps should you take in an attempt to contact the person at risk?
- 3 phones calls within one hour
- send a unit to do a 4q
- update NIA records of actions taken
36
There are 4 requirements for a PSO to be issued on a 16 or 17 year old. What are they?
- Reasonable grounds to believe it is necessary to help make the person at risk safe from serious family violence
- The ‘total level of concern’ score in OnDuty is high
- Approval from a Snr Sgt or above
- The authorising Snr Sgt has consulted with Oranga Tamariki
37
In most cases a protection order should be served by court staff. There are 3 scenarios where Police will serve them, what are they?
- The respondent has a firearms licence or possesses a firearm
- Service is a risk to the server
- The protection order is issued without notice
38
Section 9 , Family Violence Act 2018 - Violence means all or any of the following?
- physical abuse
- sexual abuse
- psychological abuse
39
Section 40, Arms Act 1983
What details can Police obtain from a person in possession of a firearm, airgun etc.?
Any person in possession of a firearm, airgun, pistol, or restricted weapon shall give their;
-full name
-address
-dob
To any person in Police uniform or produces Police ID.
40
Section 66, Arms Act 1983 -
Where a firearm, restricted weapon or explosive is found on any land or in any building or vehicle. Who is deemed to possess that weapon?
-The occupier of that building, land or vehicle is deemed to be in possession of that weapon unless he proves thay it was not his property and that it was in the possession of some other person.
41
Who can be deployed with Firearms?
Certified level 1 responders only
42
When can Officers Carry firearms?
1. When their PCA of a situation is in or likely to escalate to be within death/GBH
2. On duty members of AOS, STG or Protection Services authorised by supervisors
3. Airport Officers working at ‘security designated’ Airports
4. To destroy animals
5. For training purposes
43
You attend a job and decide to ‘arm up’ with a firearm. What are your responsibilities when deciding to deploy with firearms?
- Advise their immediate supervisor and comms of their decision to arm up as soon as possible
- deploy with a taser where one is available
44
Police use of force powers come from the Crimes Act 1961. What powers authorise Police to use firearms?
- Section 48 - Self defence or defence of another
- Section 39 - Execute arrest where there is a belief that the arrest cannot be achieved in a less than violent manner, fearing death or GBH
- Destroy animals
45
In what cases must a police officer submit a TOR in relation to the use of firearms?
- Presentation
- Unintentionally Discharge
- Discharging (excluding trainingsh)
- Destroying animals
46
Who must submit a TOR where a discharging of a firearm results in death or injury?
The report must be submitted by a supervisor (not the person who used force)
47
When a taser has been shown or used when must you notify your supervisor?
Whenever a taser has been shown or used, the operator must advise their supervisor as soon as practicable. In rural areas the nearest on duty supervisor must be notified.
48
A coroners overreaching purpose is to help prevent avoidable deaths. To achieve this the coroner will evaluate evidence and determine what 6 things?
- That a person has died
- Persons ID
- When and where the person died
- Cause of death
- Circumstances of death
- Comments or recommendations to reduce chance of death reoccurring in similar circumstances
49
What deaths must be reported to the coroner?
- Cause of death unknown
- Suicide or unnatural or violent cause
- Deaths occurring or the result of medical procedure or medically unexpected
- Death resulting from child birth or a result of being pregnant
- Death in custody or care
- Not signed off by Dr
50
When must a Police officer report a death under section 14 report it to the coroner?
The death must be reported to the coroner immediately via National Initial Investigation Office (NIIO)
51
Who can verify the death of a person?
- Registered medical practitioner
- Nurse (Practitioner or Registered)
- Registered midwife
- Intensive care paramedic
- Paramedic
- Emergency medical technician
52
Section 7 - Victims Rights Act 2002
Treatment?
Any person who deals with a victim should-
(a) treat the victim with courtesy and compassion and
(b) respect the victims dignity and privacy
53
Section 8 - Victims Rights Act 2002
Access to services
A victim or member of a victims family who has welfare, health, counselling, medical or legal needs arising from the offence should have access to services that are responsive to those needs
54
Section 17AB - Victims Rights Act 2002
What is the purpose of a Victim Impact Statement?
To;
- enable the victim to provide information to the court about the effects of offending and
- assist the court in understanding the victims views about the offending and
- inform the offender about the impact of offending, from the victims perspective
55
Victim Impact Statements - To be the words of the Victim….
The VIS needs to be the victims, written in ‘victim speak’. It should not repeat the evidence or contain police jargon.
56
When are VIS required for court appearances?
It is good practice to have one at first appearance however is not always possible. It is mandatory for a VIS to be provided at second appearance.
57
In the event of an unplanned entry into a clan lab, what should you do?
- immediately remove persons
- isolate the site and maintain safety perimeter
- preserve crime scene
- notify duty inspector, duty nco, contact NCLRT (clan lab) and also fire and ambos
- seek advice from NCLRT and FENZ about decontamination procedures
- all occupants and staff who’ve entered to premises are to remain separated until decontamination completed
The aim is to rapidly convert an unplanned entry into a planned response and investigation with appropriate structure and procedures
-seek medical advice if experience adverse effects
58
Section 19, Search and Surveillance Act 2012 - Search of person in place or vehicle where a search warrant is being executed for a MODA 1975 offence
A constable may search any person in a place or vehicle where a search warrant has been issued in relation to MODA 1975 offences
59
Section 20 - Search and Surveillance Act 2012
A constable may enter and search any place or vehicle without warrant if he has RTGB that it is not practical to obtain a warrant and that in or on thay place or vehicle there is;
- Controlled drugs and
- RGTS that in or on that place or vehicle an offence against MODA 1975 is being or about the be committed and
- Believe that any delay will result in CADD (conceal, alter, destroy, damage)
60
Section 21 - Search and Surveillance 2012
Search of people found in or on any place or vehicle being searched under Section 20, Search and Surveillance Act 2012
A constable may search any person found in or on any place or vehicle being searched under Section 20, Search and Surveillance Act 2012
61
Section 124, Search and Surveillance Act 2012
Internal searches generally prohibited
Unless authorised by another enactment, an enforcement officer must not conduct an internal search of any person except for a persons mouth, if they consent
62
A person is stopped driving a vehicle behaving suspicious. His eyes are glazed and he is very fidgety. You suspect he is under the influence of drugs, can you conduct and emergency search (S20, S & S 2012)?
No, the High Court has ruled that although evidence of behavior and demeanor may provide grounds for suspicion, it does not provide Police with reasonable grounds for belief under the Act. (Collins v Police)
The problem in this instance were that the symptoms maybe a result of lawful consumption of drugs and nervousness is often experienced by innocent people stopped by Police
63
Section 41, Mental Health Act 1992
Assisting a DAO.
When assisting a DAO, a Constable may enter a premises under Section 41(3), Mental Health Act 1992.
How long can you detain the patient for ?
- 6 hours and
| - The time it takes to conduct the medical examination
64
Section 109, Mental Health Act 1992
Under this section Police may apprehend a person displaying mental health issues in a public place.
What may a Constable do with the person once detained?
If the Constable believes on reasonable grounds the person maybe mentally disordered and that it would be in the interest of that person -
(a) take that person to a Police station, hospital, surgery or to some other appropriate place, and
(b) arrange for a medical practitioner to examine the person at that place ASAP
65
Section 109(4), Mental Health Act 1992
Continuation of detention for person requiring further examination.
If a medical practitioner having examined a person believes the person requires a further assessment urgently, what may a Constable do?
- Continue to detain the person at the place where the examination is being conducted
Or
- Take the person to some other placed nominated by the Practitioner for the purpose of the assessment and detain the person at the other place until the assessment is conducted
66
What is Police role under the Mental Health (CAT) Act, 1992 ?
The responsibility for providing services under the Mental Health (CAT) Act, 1992 rests primarily with Mental Health Services but Police provide assistance where legislation provides for Police intervention.
67
What are the key words of a mental disorder to consider when dealing with a person believed to have a mental disorder ?
Poses a serious danger and seriously diminished capacity to look after themselves.
68
What is the maximum you may detain a person for an initial DAO assessment?
-6 hrs unless ordered by the DAO for a further assessment.
69
Do Police have the power to enter private property to detain a person with a mental health disorder?
No, Police have no power to enter onto private property unless asked to do so by a DAO or medical practitioner.
70
Section 8, Search and Surveillance Act 2012
Power to enter to effect arrest
Police may enter and search for a person if you suspect the person has committed and offence punishable by imprisonment, and you believe the person will leave or avoide arrest and/or CADD evidence, unless you arrest them immediately.
71
Section 7, Search and Surveillance Act 2012
Enter and search to arrest person unlawfully at large
Police may enter and search for a person if you suspect the person is unlawfully at large and at/in that place.
72
Section 14, Search and Surveillance Act 2012
Enter a place in response to an emergency
Police may enter a place if you have reasonable grounds to suspect that your entry will stop/prevent an offence being committed that might injure someone or damage/cause loss to property.
73
Section 266, Sale and Supply Alcohol Act 2012
Closure of licence premises
In what circumstances can Police order the closure of a licensed premises?
- riot is taking place or may occur
- there is fighting or serious disorder or belief that either may occur
- significant threat to public health or safety
- conduct amounts to substantial public nuisance
- offences committed with penalties of 5 years imprisonment or more
74
How long can an officer order the closure of a license premises?
-No later than 24hrs from the end of the day the order is issued
75
Section 267, Sale and Supply Alcohol Act 2012
This section authorises Police to enter and inspect a license premises ‘at any reasonable time’.
What may you inspect under the section?
- At any reasonable time, enter and inspect whether the licensee is complying with provisions of the Act and conditions of the licence.
76
Section 269, Sale and Supply of Alcohol Act 2012
This power authorises you to demand particulars of a person in/on a licensed premises. What can you do if the person refuses to provide their particulars?
The person maybe arrested withouth warrant
77
What conditions must be met for any search to be lawful?
For any search to be lawful you must be;
- Exercising a warrantless power or
- Exercising a warrant power or
- Exercising a search by consent
78
R v Jeffries
Relates to the reasonableness of a search. What is said?
Lawfulness is not inevitably determinative of reasonableness, or unlawfulness of unreasonableness
Note:
If the evidence may have been located regardless of an unlawful search, it may still be deemed admissible.
79
Section 15, Search and Surveillance Act 2012
Power to enter and search places relating to 14 year or more penalty offences
What are the grounds for executing this power?
If you have reasonable grounds to suspect an offence punishable by 14yrs or more has, is or is about to be committed and
- believe that evidential material relating to that offence is in a place and
- if entry is delayed in order to obtain a warrant, the evidential material will be concealed, altered, damaged or destroyed
80
Section 16, Search and Surveillance Act 2012
Searching people in public places for evidential material.
When can you exercise this power?
-If you have reasonable grounds to believe that a person in a public place is in possession of evidential material relating to an offence punishable by 14yrs imprisonment or more
81
Section 17, Search and Surveillance Act 2012
Searching vehicles in public places for evidential material.
When can you exercise this power?
-If you have reasonable grounds to believe that evidential material relating to an offence punishable by 14yrs imprisonment or more is in or on a vehicle in a public place
82
Can a person under 14yrs consent to a search of a place or vehicle?
No, unless they are the sole occupant driving the vehicle.
This does not mean that a person under 14yrs cannot consent to a search of themselves or anything in their possession.
83
Section 117, Search and Surveillance Act 2012
Power to secure a scene
If a search warrant is about to be made but not yet granted or refused what may you do?
- Enter and secure a place/vehicle and any items found there
- Direct any person to assist with securing that place/vehicle and items
- If you believe evidential material maybe concealed, altered, destroyed or damaged
- For no longer than 6hrs or until the warrant has been granted or refused
Note:
This power only lasts 6hrs from the time it is first executed.
84
Section 118, Search and Surveillance Act 2012
Detaining persons who arrive during search power
When you’ve detained a person who arrives during the execution of a search power. What must you do to keep detention of that person to a minimum?
You must determine a connection by taking ‘active steps’ to determine whether they are connected to the search. You cannot simply detain the person for the duration of the search and then on completion, consider connection. Once they have been excluded from suspicion they should be free to go.
85
Before executing a search power under the Search and Surveillance Act 2012, what must you inform the subjects of?
- Your intention to ‘enter and search’ the place/vehice or other thing under a statutory power and
- ID yourself by name or unique identifier and
- If not in Police uniform produce ID
86
Where a search power results in the seizure of items, how many days do you have to provide them with copies of the relevant documents (268, notice to owners)?
7 days
87
What is the definition of ‘curtilage’ under the Search and Surveillance Act 2012?
Means an area attached to a dwelling house and forming one enclosure with it. In an urban area includes the area within a fenced boundary.
88
Who is considered ‘unlawfully at large’ ?
- Person with WTA
- Person escaped from lawful custody
- Mental health patient AWOL
89
Section 9, Search and Surveillance Act 2012
Powers to stop a vehicle to effect arrest of person unlawfully at large or person committed offence punishable by imprisonment
You may stop a vehicle without warrant to arrest a person if you have reasonable grounds to suspect:
- the person is unlawfully at large or
- has committed an offence punishable by imprisonment and
believe the person is in or on that vehicle
Note:
Can obtain details from person believed to be unlawfully at large but no other occupants (under this power)
90
What are the theee main types of searches?
- Rub down search
- Strip search
- Internal searches
91
Section 85, Search and Surveillance Act 2012
Rub down searches or people detained or arrested
A rub down search is generally conducted to ensure the person is carrying anything that may?
- harm any person (including themselves) or
| - facilitate their escape
92
Section 88, Search and Surveillance Act 2012
Seizure of evidential material from a persons external body
What three things maybe seized from a persobs external body?
- Blood/Gun residue swabs
- Fingernail scrappings
- Penile swabs
93
Section 39, Crimes Act 1961
Use of force to execute arrest
Use force to overcome resistance unless the arrest can be made by reasonable means in a less violent manner
94
Section 40, Crimes Act 1961
Use of force ?
To prevent escape, or rescue
95
Section 42, Crimes Act 1961
Allows the use of force to prevent breach of the peace.
Everyone who witnesses a breach of the peace is justified … may detain any person committing it … use no more than force reasonable to prevent its continuance or renewal.
96
Joe is on his way to a protest. He has history for breaching the peace and you are concerned that he may start when he arrives at the protest. Can you arrest him?
No, there are no powers for arrest for anticipated breach of the peace.
97
Section 21, NZ Bill of Rights Act 1990
Unreasonable search and seizure. Finish the following sentence;
Everyone has the right to…….
Be secure againt unreasonable search or seizure, whether of the person, property, or correspondence or otherwise.
98
Finish the following sentence;
The NZ Bill of Rights Act is primarily intended to…..
Affirm, protect and promote rights and fundamental freedoms.
99
The rights to freedom of expression…inderin public protests, demonstrations and occupation of public spaces. When policing protests and demonstrations, knowledge must be taken of?
- Rights to freedom of expression and peaceful assembly
- The extent to which the expression is impinging on the rights of others to use the public space and
- Whether the behavior warrants then intervention of criminal law
100
Protestors generally have a higher threshold for offences relating to disorderly behavior or breaches of the peace.
In order to reach the threshold the behavior must either;
- Substantially inhibit other people from enjoying their right to use the public amenity and/or
- Be to the extent thay is it seriously disruptive of public order
101
Can a person be arrested for breaching the peace?
Yes, however it is not a criminal offence (1R). A charge of disorderly behavior should be considered.
102
A suspect has the right to waive a lawyer. When doing so you should ensure that they…?
Have made the choice clearly and with full knowledge of that right. It is a conscious choice, informed and voluntary. It cannot be implied by silence or failure to request rights.
103
In a criminal proceeding, Co-defendants statements are admissible against co-defendants unless excluded under what three sections?
- Reliability rule
- Oppression rule
- Improperly obtained evidence rule
104
Section 29, Evidence Act 1006
The oppression rule
This section applies to a criminal proceeding in which the prosecution offers or proposes to offer a statement of a defendant if?
The defendant or co-defendant against whom a statement is offered raises, on a basis of an evidential foundation, the issue of whether the statement was influenced by oppression and informs the Judge and the prosecution of the grounds for raising the issue
Note:
The Judge must exclude the statement if satisfied beyond reasonable doubt that the statement was influenced by oppression.
105
Finish this sentence - Urgent Duty Driving
Urgent duty driving must be able…
To be justified in response to the threat and wherever possible, lights and sirens are continually used unless a tactical response is undertaken.
106
The overiding principle of Urgent Duty Driving is that Public and Police employee safety takes precedence over the necessity to undertake Urgent Duty Driving.
What are the 6 additional principles?
- Public/Police safety must be prioritized
- Urgent duty driving must be conducted in the safest possible manner
- Officers must drive to a manner appropriate to the circumstances
- Officers are legally responsible for their actions
- Officers will use their threat assessment tool (TENR)
- Category A vehciles are preferred
107
In relation to Urgent Duty Driving, what is a ‘critical incident’ ?
- Force or threat of force is involved
- Any person faces risk of serious harm
- Police responding to people in the act of committing a crime
108
Urgent Duty Driving - Warning Devices
When ‘must’ Police use warning devices (red and blue flashing lights and siren)?
Police MUST use red a blue flashing lights and siren at all times while urgent duty driving unless a ‘tactical approach’ is used.
Poice must not rely on road users to take evasive action when warning lights and sirens are activated.
109
Urgent Duty Driving - Tactical Approach
When using a Tactical Approach what ‘must’ you consider?
Vehicle speed and mannner of driving MUST reflect and take into account the increased risks resulting from the absence of warning devices.
110
What can a ‘Tactical Approach’ involve in relation to Urgent Duty Driving?
- Adjusting vehicle speed
- Turning off or not activating the siren
- Turning off or not activating the warning lights
111
Can you commence a ‘tactical approach’ once you’ve commenced a fleeing driver incident ?
No, any deactivation must be in line with the fleeing driver abandonment procedure.
112
You stop a driver for a licence check. As you approach the car the driver accelerates away. Are you justified in commencing a pursuit?
No, a driver failing to stop or remain stop is not in itself sufficient reason to commence a pursuit. An investigation is preferred.
A pursuit is only justified if the threat posed by the vehicle occupants prior to signalling the driver to stop….outweighs the risk of harm created by the pursuit.
113
When deciding to stop a vehicle you should always consider your TENR. What does this include?
- The initial threat posed by the vehicle occupants
- The necessity to immediately apprehend the occupants
- The risk of harm to any person created by commencing the pursuit
114
You signal a vehicle to stop however the driver accelerates away. You decide not to pursuit the vehicle however advise COMMS of the situation. Do you need to submit a file?
Yes, where the driver makes a decision not to pursuit a vehicle the job must be K6 and followed up with an investigation to hold the driver to account.
115
You initiate a pursuit after a driver fails to stop. What must you advise comms of ASAP?
- Initial reason for signalling the driver to stop
- Location
- Direction of Travel
- Vehicle description
116
What actions must all Units take when abandoning a pursuit?
- Acknowledge abandoning
- Immediately reduce speed to increase distance between vehicles
- Deactivate warning devices
- Stop when safe to do so
- Advise comms of specific location
- Stop actively searching for vehcile unless instructed otherwise
- Resume normal duties
117
Section 114, Land Transport Act 1998
Power to stop vehicle to obtain particulars
Can you arrest a person for refusing to provide details and/or providing false information?
Yes, if the person fails to comply with this section or a signal or request or requirement or gives false information, they can be arrested.
118
Section 119, Land Transport Act 1998
Powers of Entry
What grounds must be satisfied for you to wnter under this section?
You must have good cause to suspect that the person is commiting offences such as reckless/dangerous driving or drink/drug offences and you must be ‘FRESHLY PURSUING’ that person.
119
You see a vehicle drive past and you recognize a passenger as a local burglar. You want to stop the vehicle so you can have a chat to the passenger so you signal the vehicle to stop however the driver fails to stop the vehicle. Can you charge the driver for failing to comply with Section 114, LTA 1998?
No, in this scenario your intentions were only to stop the vehicle to speak to a passenger. You had no intentions of speaking to the driver or obtaining their details.
Tapara v Police
120
How long can you stop someone under Section 114, LTA 1998 to conduct enquiries?
As long as reasonably necessary to establish ID but no longer than 15 minutes.
Note:
If other suspicions are roused consider other powers/arrest. This power allows you to stop the vehicle in relation to traffic compliance.
121
You are ‘freshly pursuing’ a driver of a vehicle who failed to stop and is believed to be under the influence of drugs/alcohol. He runs into a building and a female occupant of the address blocks the door refusing entry.
You decide to use Section 119, LTA 1998 to enter the address. Before entering what MUST you tell the female?
-Identify yourself and advise any occupants that you sre entering under Section 119, LTA 1998.
122
Under the Land Transport Act 1998, What is the definition of a road?
-Motorway, Private road or Private Way
123
Under the Land Transport Act 1998, What is the definition of ‘temporarily’ ?
Means for a period that is reasonably necessary
124
Under the Land Transport Act 1998, What is the definition of ‘traffic’ ?
Means all or any specified type of traffic (including pedestrians)
125
What is ‘Our Mission’ ?
To prevent Crime and Harm through exceptional Policing
126
What is ‘Our Vision’ ?
To be the safest country
127
What is ‘our purpose’ ?
To ensure everybody can be safe and feel safe
128
In relation to ‘Our Business’ - Why are we here?
Our Vision:
To be the safest country
Our Purpose:
To ensure everybody can - be safe and feel safe
Our mission:
To prevent crime and harm through exceptional policing
129
In relation to ‘Our Business’ - What are ‘Our Goals’ ?
- Safe Homes - Free from crime and victimisation
- Safe Roads - Preventing death and injury with our partners
- Safe communities - People are safe wherever they live work and visit
130
In relation to ‘Our Business’ - What are ‘Our Functions’ ?
- Keep the peace
- Keep public safety
- Law enforcement
- Crime prevention
- Community support and reassurance
- National Security
- Policing Activities outside NZ
- Emergency management
131
In relation to ‘Our Business’ - What is our ‘Operating Model’ ?
Prevention first
132
In relation to ‘Our Business’ - What is our ‘Relationship with Maori’ ?
Te huringa o te tai - Better outcomes for all by working in partnership with Maori
133
In relation to ‘Our Business’ - What are ‘Our Priorities’ ?
- Be first then do
- Deliver the services NZ expect and deserve
- Focused prevention through partnerships
134
Te Huringa o Te Tai is set withing the framework of Prevention First. It focuses on Polices effort around three ‘Pou’. What are these?
- Our people and our mindset
- Effective initiatives and improved practice
- Effective partnerships
135
Prevention ‘First Now’
The Prevention First National Operating Model supports way of thinking that applies to all New Zealand Police and Informs everything we do.
Prevention first is designed to support and enhance the delivery or our key outcomes by ?
- Prevent - crime and victimization
- Target - and catch offenders
- Deliver - a more responsive Police service
136
Prevention First puts people - victims, offenders, our staff - at the centre of our model.
What are the three core components at the centre?
- Deploy to beat demand
- Targe the drivers of demand
- Mindset - Taking every opportunity to prevent harm
The three components are supported through our partnerships.
137
What are the 3 pillars of Partnerships and what is at the core?
1. Mindset
2. Target the drivers of demand
3. Deploy to beat demand
Core — People
138
Our Business - Effective Partnerships
Fill in the blanks
We must build _________ relationships of trust and confidence in each other with _______ Maori, Our Communities and Our Partner Agencies so that we can ________ information and implement _________ approaches.
We must build STRONG relationships of trust and confidence in each other with IWI Maori, Our Communities and Our Partner Agencies so that we can SHARE information and implement COLLABORATIVE approaches.
139
In relation to Our Deployment model. What are the 6 drivers of demand?
- Families - Whanau
- Mental health
- Organises Crime and Drugs
- Alcohol
- Roads
- Youth - Rangitahi
140
What are the 5 frameworks of PHPF ?
```
Framework 1 - F1 - Strategy
Framework 2 - F2 - Culture
Framework 3 - F3 - Leadership
Framework 4 - F4 - Capability
Framework 5 - F5 - Performance Management
```
141
Why is it important to use a strategic performance template in relation to F1 - Strategy?
Using the SPT and group purpose statements, leaders connect their team’s purpose and activities with Our Business. Our people are clear on what our strategic priorities and goals are and what they need to do to help us achieve them.
142
What are Police 6 values ?
- Professionalism - Look the part be the part
- Respect - Treat others as they would want to be treated
- Integrity - Actions say it all
- Commitment to Maori and the Treaty - Stand together
- Empathy - Walk in their shoes
- Valuing Diversity - Many views, one purpose
143
What are the 6 Principles of the Policing Act 2008 ?
1. Principled, effective, and efficient policing services are a cornerstone of a free democratic society under the rules of law
2. Effective policing relies on a wide measure of public support and confidence
3. Policing services are provided under a national framework but also have a local community focus
4. Policing services are provided in a manner that respects human rights
5. Policing services are provided independently and impartially
6. In providing policing services every Police employee is required to act professionally, ethically and with integrity.
144
What is the ‘rule of law’ ?
It defines the relationship of the government to its people. Many rule of law concepts are contained in the Bill of Rights.
145
What are the 8 functions of the Police ?
```
Keep the peace
Law enforcement
Crime prevention
Maintain public safety
Emergency management
Community support and reassurance
National Security
Participate in Police outside New Zealand
```
146
In relation to the Code of Conduct what must the Commissioner do?
The Commissioner must prescribe a code of conduct for Police employees stating the standards of behavior expected.
It is the Duty of every Police employee to behave in accordance with the code of conduct.
147
What are the 3 instructions Police employees must obey and be guided by?
- General instructions (G.I’s)
- Commisioners circulars
- Local orders
148
In the absence of a supervisor, who does the supervisors responsibilities pass on to ?
- Police employee next in level of position and
| - If equal, the longest serving Police employee
149
What is the difference between misconduct and serious misconduct ?
Misconduct - Breaches of the Code of Conduct that may result in formal disciplinary action and consideration of restoring harm
Serious Misconduct - Behavior that seriously undermines or damages trust and confidence Police have in you. Behavior that may justify dismissal.
150
What are the responsibilities of a Supervisor and Manager in dealing with staff conflicts of interest?
- Discuss issues
- Assess risk
- Take action
- Seek advice
151
When must you notify the commissioner if acting in your duty causes death or serious injury?
As soon as practicable outlining the actions leading to the death or serious harm.
152
How many days does the Commissioner have to notify Authority (IPCA) of complaints?
As soon as practicable but no later than 5 days.
153
The ‘Rules of Evidence’ relate to which way evidence may be presented in court.
What are the 3 main categories they fall in?
- Who may give evidence
- What type of material may be given in evidence
- How evidence may be given
154
What is admissible evidence?
Evidence is admissible if it is legally able to be received by a court
155
What is ‘Relevant’ evidence?
Evidence is relevant if it has the tendency to prove or disprove anything that is consequence to the determination of a proceeding.
156
Burden of Proof - Woolmington Principle
What is this?
The fundamental principle in criminal law is the presumed of innocence. Subject to specific statutory exceptions, the burden of proof lies with the prosecution in relation to all of the elements of the offence.
157
All witnesses 12yrs or older must take an Oath or Affirmation before giving evidence. What must a Witness under 12yr old be told?
- By the Judge the importance of telling the truth and not telling lies and
- After being given that information, make a promise to tell the truth before giving evidence.
158
What is the definition of a hostile witness ?
- Exhibits or appears to exhibit lack of veracity unfavorable to the party who called the witness on a matter they may reasonably be supposed to know
- Gives evidence inconsistent with a statement made by that witness and exhibits an intention to be unhelpful
- Refuses or with holds evidence
159
What must be included in initial disclosure?
- Caption summary
- Charging document
- Summary Defendant’s right to apply for further information before entering a plea
- Max/min penalty for an offence
- Previous convictions
- Previous youth court convictions
160
Can a defendant representing themselves give evidence and do they need permission from the judge to testify ?
Yes they can represent themselves and do not need judicial permission to testify.
161
Under what circumstances can a co-defendant give evidence against a defendant?
- Where they are being tried separately from the defendant OR
- the proceeding against the co-defendant has been determined
162
What is the defenition of a associated-defendant (co-defendant) ?
- A person who a prosecution has commenced against them for an offence which arose out of the same event or
- A person who a prosecution has commenced for charges that relate to or is connected with the same offence for which a defendant is being charged
163
What is the definition of a ‘Hearsay Statement’ ?
A statement made by a person other than a witness, and is offered in evidential to prove the truth oc its contents.
164
What is the definition of a statement ?
- Spoken or written assertion by a person of any matter or
| - Non-verbal conduct of a person that is intended by that person as an assertion of any matter
165
What are the two main criteria for the admissibility of hearsay evidence?
- Its reliability
| - Unavailability of the witness or undue expense or delay
166
A hearsay statement maybe admissible if a witness is unavailability or calling them will cause undue expense or delay. When can someone be unavailable?
- Dead
- Outside NZ and is not reasonably practicable for them to be a witness
- Unfit because of age, physical or mental condition
- Cannot with reasonable diligence be found or identified
- Is not compellable to give evidence
167
When will a ‘business record’ be admissible as a hearsay statement?
Where no useful purpose would be seved by requiring the person to be a witness because there can be no reasonable expectation that the person will br able to recollect the matters dealt with in the information supplied for the business record.
168
In relation to Organisational Risk Management, what is the definition of ‘Risk’ ?
The effect of uncertainty on objectives
169
In relation to Organisational Risk Management,
What are the four types of risk categories to Police?
- Corporate
- Operational
- Portfolio
- Strategic
170
In relation to Organisational Risk Management, There are two on-going processes when managing risk, Communicate and Consult, and Monitor and
Review.
What are the Five steps in managing risk?
1. Establish context
2. Identify risk
3. Analyse risk impact
4. Evaluate risk
5. Take action
171
When evaluating Organisational Risk Management, what may you decide to do in relation to a response?
- Act
- Monitor
- Accept
- Achieved - Acknowledging that effective management has achieved its goal
172
What is the definition of a ‘Near Miss’ ?
An unplanned or unexpected event that occurrs as a result of Police work activities and, under slightly different circumstances, could have resulted in harm.
173
What does the acronym ‘TENR’ mean ?
Threat
Exposure
Necessity
Response
174
What are the 3 essential elements of Command and Control?
Leadership
Control
Decision making
175
What are the three operating levels of Command?
Tactical
Operational
Strategic
