Chapter 2 - Firearms, Taser, Sudden Death, Policing Act 2008, Victims Flashcards
What is the hierarchy of Identification
- Visual ID
- Fingerprints
- Odontology
- Comparison Identification
- DNA
(Past Exam Question)
Arms Act 1983 S22H (Disqualification)
Under section 22H of the Arms Act 1983 a person is disqualified from holding a firearms licence if they have within the previous 10 years been convicted, or released from custody after being convicted, of any of the following offences
Violence, Arms Act etc
Custody should be interpreted as when the person is in a custodial facility while serving the sentence of imprisonment, and ending when they are release, for example because their sentence has ended, or they have been released on parole.
Section 66 Arms Act 1983
Occupier if premises or driver of vehicle deemed to be in possession of firearm, air gun, pistol, imitation firearm, restricted weapon, prohibited magazine or explosive.
For the purposes of this Act EVERY PERSON in occupation of any land or building or the driver of any vehicle on which any firearm, air gun, pistol, imitation firearm, restricted weapon, prohibited magazine or explosive is found shall, though not the exclusion of the liability of any other person, deemed to be in possession of that firearm, air gun, pistol, imitation firearm, restricted weapon, prohibited magazine or explosive, unless he proves that it was not his property and that it was in the possession of some other person.
Section 66B of the Arms Act (Refusal of ID for person in possession of firearm etc, must give identifying information to police.
Refusal to provide details under this act give police the powers to arrest the subject without warrant.
Conviction of a term not exceeding 6 months or fine not exceeding $10,000.
Refusal of ID
False details
Search and Surveillance Section 18 (Warrantless Searches associated with arms)
(1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subesection (2) exists in relation to a person may, without a warrant, do any or all of the following
(A) search the person
(B) search anything in the persons possession or under his or her control
(C) enter a place or vehicle or vehicle to carry out any activity under (a) or (b)
(D) seize and detain any arms found
(E) seize and detain any licence under the arms act 1983 that is found.
(2) The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and
(A) he or she is in breach of the arms act 1983 or
(B) he or she by reason of his or her physical or mental condition (however caused)
(I) is incapable or having proper control of the arms.
(II) may kill or cause bodily injury to any person; or
(C) that, under the Family Violence Act 2018
(I) a protection order or a police safety order is in force against the person; or
(II) there are grounds to make an application against him or her for a protection order.
(3) a constable may without a warrant, enter a place or vehicle, search it, seize any firearms or any licence under the Arm Acts 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in the place of the vehicle.
What is the role as Police when attending a Sudden Death Incident ?
The police act on behalf of the coroners agent in investigating a death and gathering evidence to enable a coronier to make determination under the act.
Police attend the scene and undertake roles in aspect of
• scene examination
• identification of the deceased
• investigations into the circumstances of death which includes interviewing relevant witnesses.
Police provide documentary evidence of their actions, observations, and evidence gathered at the scene and provide this to the coroner.
What is the NIIO (Sudden Death)
National Initial Investigation Office.
This office operates 24/7. All reports of death to a duty coroner must be made on 0800 266 800
Who is qualified to verify death ?
• Registered Medical Practitioner
• Nurse - Practitioner, Registered or Enrolled
• Registered Midwife
• Intensive Care Paramedic
• Paramedic
• Emergency Medical Technician
The deceased cannot leave police control until a verification of death has been completed. This may require Police accompanying the supplier to another location to secure the document. The completed Sudden Death File cannot be submitted without the VOD.
What are the Methods of Identification? (Sudden Death)
The most common method of formal identify is visual. The is when a close relative or other acquaintance views the body and confirms the identity.
There are times when the deceased is unable to be identified so the identity is considered unknown until police have established sufficient evidence of identification to satisfy the coroner.
Evidence other than visual identification should be considered and if possible, obtained in the following order:
• fingerprint
• odontology
• circumstantial (medical, physical, property) to be presented in a comparison report.
• DNA
NOTE
• The authority of the coroner is required for non-visual identification methods as the coroner has exclusive possession of the deceased body.
Section 7 of the Victims Rights Act (Treatment)
Any person who deals with a victim (for example, a judicial lawyer, lawyer, member of court staff, police employees, probation officer, or member of the New Zealand Parole Board) should -
(A) treat the victim with courtesy and compassion and
(B) respect the victims dignity and privacy.
Section 8 of the Victims Rights Act 2002.
A victim or member of a victims family who has welfare, health, counselling l, medical, or legal needs arising from the offence should have access to services that are responsive to those needs.
Section 8 contains a statement of principle with respect to access to services that may be required by a victim, or a member of the victims family arising from the commission of the offence. This section signals the obligation that police provide support to victims. This is usually done by contacting Victim Support. Women’s refugee or other area specific agencies. Note - where an arrest occurs the court victim advisor will offer further support to the victim. In terms of information and how the court works, and progress case.
Section 36 of the Policing Act 2008 (Intoxicated Person In Custody, Care and Protection)
(1) A constable who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody if
(A) the constable reasonably believes that the person is -
(I) incapable of protecting himself or herself from physical harm; or
(II) likely to cause physical harm to another person; and
(III) likely to cause significant damage to any property; and
(B) the constable is satisfied it is not reasonably practicable to provide for the persons care and protection by -
(I) taking the person to his or her place of residence; or
(II) take the person to a temporary shelter.
(2) a person detained under subsection (1)
(A) must be released as soon as the person ceases to be intoxicated:
(B) must not be detained longer than 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.
