C2 Firearms, Taser, sudden Death, Policing act 2008, Victims Rights act 2002 Flashcards
Title; firearms
Police responsibility
New Zealand police is responsible for ensuring compliance with arms ACT. Please for photos and tailor interventions in line with
-the levels of risk
-the actual or potential consequences
-behaviour / attitude and capability of firearms licence holders
True or false
True
Police focus on two aspects of risk
- magnitude of the consequences that may eventuate shouldn’t event
-likely Hood of the event occurring. True or false
True
Police expect firearm licence holders to operate safely securely and responsible
Police know that
-barriers such as lack of awareness or understanding prevent some people from operating in a safe secure responsible manner
-some people will make efforts in these areas only because they see risk from police of noncompliance
-some people will not complain adult
Title; interventions principles
What are the four factors for consideration for applicants?
- E of H or R of H
- CNDCT
- P I
- A 2 C
- extent of harm or risk or risk of harm
-conduct
-public interest
-attitude to compliance
Available compliance interventions
From: approach based on information engagement education to support and encourage compliance
To: approached at me to enforce enforcement intervention such as issue nin improvement notice, warning, temporary suspension, revocation of firearm licence. True or false
True
Title; disqualification
Arms act 1983, section 22H
10yrs
A person is disqualified from holding foreign licence if they have within the previous 10 years been committed or release from custody after being convicted of any of the following
-serious violent offences
-misuse of drugs
-a person who has had within the previous 10 years a protection order made against them to sueno the family violence ACT
Revocation of holder becomes disqualified
22h does not apply to a previous convictions of a person who is an existing firearms licence holder at the date of the commencement. Which means:
-an existing licence holder convicted of an offence specified in section 22h in March 2020 or who previous 24 December 2020 had a protection order made against them, is not a disqualified person because the complexion occurred water protection order was made before the commencement of section 22 h
-an existing holder convicted of an offence specified in February 2021 or has a protection order made against him 24 December 2020 is a disqualified person.
-a person who is not a firearms order convicted of an offence in section 22 h within the last 10 years or has had a protection automatic NZ system within last 10 years is a disqualified person
Title; other acts impacting on firearm licence
Trespass act 1980
A person who commits an offence carrying a weapon may be disqualified from holding a firearms licence or any licence.
-the court also order the person not to carry any weapon for such a period not exceeding……yrs
2 yrs
Protection orders
A police inspector or higher rank must issue respondent with a written notice of revocation and to ensure the holder fire licence and any fire position control is surrendered. True or false?
True
Total; arms act 1983 section 40 and 66
S40 details - 3m $1000
S66 O of P or D of V Deemed
S40 any person found with firearms or restricted weapons musk full details
OR prison 3 months and $1000
S66 any person found with a weapon or a firearm or restrict forum on the land or building or the driver of any vehicle, to be deemed to be in possession of their firearm or weapon
- unless he or she proved it was not his property and that it was in the possession of some other person
Hepi v R
S66 - this perception could be rebutted on the balance of probability that the firearm was not on his or her property and was in the position of some other person
The district court found the evidence unsafe so the conviction was quashed
True or false
True
Title: search and surveillance ACT 2012
S8 warrantless search associated with arms
- search a person or anything in the person’s position or control including a vehicle
-enter replace all vehicle to carry out the activity
-seize and detain any firearms found
-cease entertain fire arm licence
-breach of arms ACT 1983
-his all her physical and mental condition: incapable of having proper control or make kill or cause Woodley injury to any person
-under the family violence act 2018: a protection order or police safety order is enforce and grounds to make it application against him or her for a protection
-a police Constable without a warrant me enter place or vehicle search and sees any arms found there or she has reasonable grounds to suspect that the arms are in the place or vehicle:
-and respect to category 3 category 4 of the object has been committed
-evidential material in relation to category 3 and 4 of the offence
Title: police firearms
Operational carriage and position of firearms
What must a Constable do if they fear death GBH?
-advise the immediate supervisor in the police communications centre of decision to deploy as soon as possible
-deploy whether taser where one is available
Fire orders
S48 - police may use a firearm to defend himself for others if they feed ther fear GBH to themselves cannot reasonably protect themselves in a less violent manner. True or false
True
S39 to arisen offender if they believe on reasonable grounds at the offender poses a threat of death GBH and resisting the arrest and the rest cannot be reasonably affected in less Violet manner and the rest cannot be delayed without danger to other people. True or false
True
S40 to prevent anything escaping please believe under reasonable grounds at the vendor poses a threat or death or GBH 2nd person and the offender flee to avoid arrest escapes after arrest and the flight or escape cannot reasonably be prevented in less Violet Manner. True or false
True
Warning shots
Warning shot should not be fired however there may be circumstances we are warning shop may be appropriate
-the suspect has been asked to surrender and has not done so
- it can be clearly aimed as a warning shot
-take extreme caution to safeguard the safety of others
Shooting at motor vehicles
-shots may only be filed at moving vehicles in exceptional circumstances
-small margin for error and pose a high probability of mystery action or ricochet increasing the risk of causing death injury or damage
Title; discharge of police firearms
* DC*
1. Death or injury incident:
What steps do you take if the incident of involving death or GBH due to a discharge of a firearm by a police employee?
- In all other instances of firearms discharge **supervisor”
-incident controller or the person appointed must
-take control of the scene
-ensure first aid
-manage the scene
-inform the district Commander who will initiate an alcohol and drug test
- Incident controller must take control of the scene and advise the employee’s immediate supervisor who will advise the district Commander
Title; unintentional discharge no death or injury
What are the 2 unintentional discharge of firearms
- Op E
-MAc F
Operator error
Mechanical fault