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
Reporting in NZ investigating unintentional discharges
You must notify supervisor or senior employee present as soon as possible
-the supervisor must in follow the steps
-notify the district police professional conduct manager
-send the bullet and cartridge cases to the police armoury for examination
-close a detailed report
True or false
True
TOR report
-tactical option report must be submitted by the employee in position or a firearm on these occasions. True or False
True
Who must submit the tactical option report?
Report must be submitted by a supervisor whenever a firearm has been discharged resulting in death or injury
Title; taser
Operational post incident procedures
Who must be notified when a taser is shown or used?
The operator must notify a supervisor as soon as practical or FM real areas notify the nearest on duty supervisor
Who submits a tactical options report after using a taser?
The operator or individual involved not the sergeant
Supervisor action after operational teaser “show”
-Sergeant must debriefed office involved and review the taste footage
-determine whether the show of the taser was in accordance with the instructions. True or false
True
Title; sudden death
The role of a coroner is to evaluate evidence obtained about a death and determines:
-that a person has died
-the person’s identity
-when and where the person died
-the cause of death
-the circumstances of death
-committal recommendations
True or false
True
Police’s role?
-actors the coroner’s agent in investigating the death gathering evidence to enable the Corona to make determinations
Police attend the scene in undertake roles in respect of?
-senior examination
-ID of deceased
-investigations into the circumstances of death which includes interviewing relevant witnesses
-police provide documentary evidence of the actions observations and evidence gathered at the scene and provide this to the coroner
S17- investigations by the police?
-if this has been reported to a coroner and a section 15
-the Commissioner of Police mass calls to be made or investigations
-this is here to help achieve the purpose of this act in relation to the death
-directed by the responsible coroner
S115 police to help coronavirus locations
The Commissioner of Police must cause police employees to help coroners investigations under this ACT
Title; reporting of deaths in roles of national duty coroner/responsible coroner
National duty coroner: this is one roll the coroner’s have been rostered to undertake that role
NIIO: national initial investigation office
True or false
True
What’s the role of a national initial investigation office?
-manage the cases from targeted time of death deceased is released family
-engage in a supplier to complete body transportation
-keep the families informed
-be the conduit in contact centre for the next of kin at the conclusion of police attendance
The national duty coroner has an exclusive right to custody of the other body.
The coroner determines:
-weather to take coronial jurisdiction over the death
-weather verification of death has been adequately established
-weather evidence of ID of the deceased is adequate
-weather today at the post-mortem and if so the level of any post mortem
-who may attend the postmortem
-when the body can be released
Responsible coroner role?
After a body has been released the Corona investigation is there’s a sign to a responsible coroner who is responsible for carrying out all of it other coronavirus want abilities and respect for that death
What are the three pathways responsible coroner concludes investigation
-include the coronal investigation without opening in enquiry
-open the conduct an enquiry into the death by conclude that the enquiry without proceeding to a formal court hearing
-open and conduct enquiry and as part of the enquiry conduct of formal hearing in the coroner’s Court called an inquest
Title; attending a sudden death
Initial procedure
Verify death must be done by The following
-registered medical practitioner
-nurse
-registered midwife
-intensive care paramedic
-paramedic
-emergency medical technician
In the initial procedure what’s the 2 mandatory steps that must be done?
-contact victim support
-contact National duty coroner - NIIO
Title; identifying the body
What are the 5 hierarchy of identification steps?
-visual ID
-fingerprints
-otontology
-comparison ID process
-DNA
Non-visual identification
What must you remember?
The body cannot be released to the next of kin until the formal identification has been confirmed by the coroner. Liason with the next of kin is critical
Pol47
This is the document where you record?
-Your observations
-your actions
-item seized
**Ensure names are spelt correctly in used consistently across documents
How long does toxicology take and why is it important?
It takes 4 to 6 weeks so seen details are critical
Suicide deaths
The Coroner wants to know what happened and why the individual took their life.
Eg? 9 x reasons
-significant life events
-previous suicide attempts
-mental health background
-financial issues
-relationship issues
-worker issues
-living circumstances
-alcohol or drug use
-School online bullying
Exhibits may also include
-suicide notes
-electronic evidence example text email or social media Post
*** Ligature
-this should be seized in a manner that preserves are not for forensic examination and accompanies the body to the mortuary.
True or false
True
Title; Police Act 2008 section 32 33 and 36
S32 - identifying particulars of person in custody
6mths - $5k
A person who is lawfully in custody must give police identifying particulars
If they fail to comply their liable for imprisonment 6 months or find $5000
S33 identifying particulars for summons
6m & $5k
A person in respect of an offence by way of summons a detain that person in order to take person’s identity
After being cautioned and fails to comply the directional constable means they are committing an offence and they are liable for imprisonment not exceeding 6 months and a fine not exceeding $5,000
S36 care and protection of intoxicated people
How long must a intoxicated person be detained for?
Intoxicated means?
What can a health practitioner recommend to further do?
-12 hours
- health practitioner can further detain Not exceeding 12 hours
Intoxicated:
-observably
-affected by ALC
-other drugs
-or substances
-***degree
-speech
- balance
-co-ordinaton
-or bahavior
-clearly impaired
Title; victims rights act 2002
S4 Intrp
S7 Tr
S8 Accs
S11 info prog
S12 info proc
S17AA V def
S17AB Pur V
S17 Info 4 V
S18 proc B 4 I of V
Title; victims rights act 2002
S4
interpretation
S7
Treatment;
-trick the victim of courtesy and compassion
-respect the victims dignity privacy
S8
-victim access to services like counselling and medical or legal needs arising from the offence
S11
Victims to be spoken about the information about the programs and remedies example ministry of justice or ministry of social development would department of corrections
-also includes participation in restorative Justice process
-**this information can be given to a person who has or was disadvantaged by the offence
S12
Victim to be informed about the proceedings.
-the same information given to victim can we give into a person who was disadvantage from the events as well
S17
The definition of Victim impact statement.
-intersection information May include photographs drawings or other visual representations provided by the victim
S17AB
The purpose of victim impact statements; enable bitdam to pop out of formation or assist accor to understand the victims views or inform the offender about the impact of offending
S17
Information to be ascertained from victim for example physical injury loss or damage to property the effects of the events on the victim or any other matter
S18
The procedure before ascertaining information from the victim; he or she must know that the statement is for a impact statement
-the victim must ensure that it’s true
-information must be recorded and verified
It’s the OC of case who has responsibility to ensure the victim is informed about procedure*
Title; the provisions of section 30-48 apply only to victims of specified offences
S29 specified offence is defined as and VNR?
S29A- Commissioner
Title; victims views about release on bail of accused or offender?
S30 V V OTB
This applies to a victim of a specified offence; prostitute of us make reasonable efforts and any view of the victim about a accused or defender being released
-opposition to bail comes into play
-victim cannot seek duration of bail conditions
-victims reviews can be written on opposition to bail or covering 2582 the prosecutor
-Victor or police may not want to oppose bail but may just want to clear conditions
Title; duties in relation to inform victims about receiving notices under section 34 - 39
S31 Commissioner of “S O” a Rep
S40 Rep notice
S49 complaints
S51 return property
31
- a representative for the victim notification register
- also play to use in 7 cases that have been sentenced imprisonment
*It does not include being in police or order not tamariki custody
S40: section 31 the Commissioner has to inform the victim there right for a representative, however section 40 it’s the victims right for thier rep to receive all his or her notices on their behal
S49 if police fail to afford the rights to a victim of specified offences they will be how to countable via ipca or financial liability
-at a high-level police will be squish nose in there will be a report to Parliament which will be published publicly
S51 police must return victims evidential property soon as practical or does not have to give it back if he or she does not want the properly returned
