Assault Policy/Procedure Flashcards
Police will ensure that:
- They continue to work pro-actively with prevention first and victim focused strategies.
- all relevant employees are suitably trained and aware of their responsibilities when exercising any enforcement powers to address offending, its causes and harm reduction.
- for staff safety, any discretionary action taken is in accordance with the health and safety at work act 2005, Police safety policies and that the TENR Operational threat assessment tool is used.
- if any offences are identified, actions such as enforcement, detention and/or prosecution as deemed appropriate will be taken.
What is the doctrine of transferred malice?
If a Defendant has a mens rea of a particular crime and carries out the actus reus of that same crime, they are guilty even though the result may be unintended (such as swinging a punch and hitting a person other than the intended target).
Intent cannot be transferred, however. If a person has the mens rea for a particular offence, such as assault, they cannot be charged for the actus reus of a different offence, such as wilful damage.
Define: Firearm
Section 2, Arms Act 1983
Means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.
Includes anything temporarily adapted for that purpose, which is for the time being incapable of that purpose or anything capable of that purpose which has been dismantled.
Includes any specially dangerous airgun.
What is the Section 48 defense for obstructing a Police Officer?
R v CHRISTIANSEN
It is a defence to a charge under Section 192(2) if the accused held an honest belief that the Officer effecting arrest was using excessive force in effecting that arrest.
If a Victim’s condition is serious, what steps should be taken?
1 - Arrange for a full medical examination by a registered medical practitioner, using an MEK
2 - Obtain a full, written Docor’s report on the Victim’s injuries and condition.
3 - Assign a Constable to stay with the Victim to provide SITREPS on the Victim’s condition and obtain a subsequent interview. If the Victim’s conidtion is life threatening, consider obtaining a ‘dying statement/.’
4 - Obtain photographs of the Victim’s injuries. Idealy these should be taken by a Police photographer.
What further enquiries should be undertaken in an assault investigation?
1 - Interview all witnesses and obtain full, written statements. Any intoxicated witnesses should be followed up with as soon as they are sober.
2 - Interview and obtain statements from medical staff such as ambulance officers.
3 - Consider interviewing neighbours, transport operators, vendors, shift workers, hospital staff.
Also consider using the media to publicise the offence and obtain information from the public and the possibility that the offence may have been captured on CCTV.
4 - As you receive further information, eliminate suspects.
Procedure when interviewing Suspects
1 - Interview Suspect and obtain a statement.
2 - Note and photograph any injuries.
3 - Consider arranging a full medical examination by a Doctor to establish any injuries and identifying features, and to obtain forensic samples.
4 - If possible, obtain a voluntary DNA sample.
What can you do in cases of serious assault where the Victim may die?
- Charge the suspect with an assault appropriate to the circumstances.
- Seek a remand without plea.
- In cases where a plea is entered, inform the court of the circumstances and seek a remand without conviction.
- Prefer a more appropriate charge, and withdraw the original charge at a later date if the Victim’s condition or the circumstances dictate.
Powers of arrest
For any offence under the Crimes Act 1961 you can arrest without warrant under Section 315 of the Crimes Act. Section 39(1) of the Summary Offences Act authorises a Police Constable to arrest any person suspect on good cause of committing an offence against Sections 9 or 10 of the Summary Offences Act.
