Chapter 2 Firearms, Taser, Sudden Death, Policing Act & Victim Rights Act Flashcards
What are Police powers under S.40 Arms Act
→ every person in possession of a firearm shall give name/address/dob to police
→ anyone refuses may be cautioned, if continues to refuse then can be k9
What is ‘deemed’ under S.66 Arms Act
every person occupying any land/building/vehicle shall be deemed to be in possession of any firearm unless he proves otherwise.
What was held in Hepi v R - S.66 Arms Act
That the presumption that someone is is possession can be rebutted by defence proving on balance of probabilities that firearms in possession of someone else
When can Police firearms be deployed
→ when PCA that likely to be death/gbh as per TOF → AOS/STG/Protection services → airport duties → escort/guard as authorised by DC → destroy animals → training
What are the Police requirements when going to deploy with firearm
→ tell NCO or Comms
→ deploy with Taser if available
→ wear HAP
What are Police fire orders
→ must be conversant with S.39, 40, 41, 48 & 62
→ must be satisfied via PCA that exists justification to fire
→ must be asked to surrender (unless unsafe to do so)
→ no less violent means
→ to delay would be unsafe
→ defend themselves or others (S.48)
→ arrest an offender (S.39)
→ Prevent escape (S.40)
→
What are duties of incident controller following discharge causing death/GBH
→ control scene → render first aid → manage scene ↘ mark positions of person/cases ↘ preserve cartridge cases/fragments ↘ secure firearm/rounds & make safe ↘ preserve & photograph scene ↘ advise NCO/DC ↘ Debrief
How can unintentional discharges happen
→ operator error
→ mechanical error
When must a TOR be done (firearms)
→ each time a firearm is presented at another person other than training except AOS/STG
→ each firearm discharge except for training
→ unintentional discharge
→ destruction of animals
What are Taser post-op procedures when fired
→ notify NCO asap
→ aftercare/medical attention by Dr and POL42 done
→ preserve scene/photograph
→ secure discharged cartridges, wire, probes & 4-5 CIT
→ complete Taser register
→ upload incident on evidence.com and share with NCO
What are Taser post-op procedures when shown
→ submit TOR
→ complete Taser register
→ upload incident on evidence.com & share with NCO
→ debrief/review incident
What is procedure for unintentional discharges of Taser
→ preserve/photgraph scene if necessary → withdraw taser from service and consult with armoury → secure all cartridges, wire, probe, CIT →review what happened → submit TOR → upload onto evidence.com → update taser register → notify Dist Police Prof conduct mgr.
What are identifying particulars (S.32 Policing Act)
→ name/address/dob
→ photo/image
→ finger/palm/foot prints
When can Police take identifying particulars (S.32 Policing Act)
→ person detained for an offence
→ at Police station or other place used by Police
What are requirements in taking identifying particulars
→ taken in manner that is reasonable in circumstances
→ only use reasonable force that is necessary
→ caution a person who fails to comply. Can be K9 if stil refusing.
Outline S.33 Identifying particulars for summons
→ GCS committed an offence & intend to summons
→ offender can be detained to take identifying particulars
→ can be k9 if fails to comply after being cautioned
Outline S.36 CPA -1K people
→ person 1K in public place or trespass on private property can be detained if believes:
↘ incapable of self care
↘ likely to assault
↘likely to damage
↘ not able to take home and no temp shelter available
↘ detain only for 12 hours unless extended by Dr
Who is included in the definition of Immediate Family
Victim Rights Act
→ family/whanau in close relationship with victim → spouse/civil union/defacto → child/step child → brother/sister & step siblings → parent/step-parent → grandparent
What is definition of incapable
→ wholly or partially unable to foresee consequences/decisions affecting their well-being
→ can foresee things but not able to communicate decions
→ includes person in continuing unconciousness
What is definition of victim
→ offence been committed against them
→ suffers injury/loss or damage to property
→ parent/guardian unless that person also charged with offence
→ immediate family of a person who dies or incapable unless that person also charged
→ suffers emotional harm
→ parent/guardian who suffers emotional harm - unless also charged
→ experienced domestic violence
→ child residing who experiences domestic violence,
What are the guiding principles for treatment of victim
→ should be treated with courtesy/compassion
→ respect dignity/privacy
→ victim/family member should have access to services that is responsive to their needs
Outline S.7 Information about programs/remedies/services
→ victim as soon as practicable given P/R/S available by an agency → agencies are ↘ ACC ↘ DHB ↘ Corrections ↘ MOJ ↘ Min Social Devpt ↘ Police
Outline S.8 info about proceedings
Police legally obliged to inform victim promptly as progress of investigation/proceedings
What are the four purposes of a VIS
→ provide info to court
→ balances info in a pre-sentence report
→ opportunity for victim to provide input into justice system
→ offender forced to recognise effects of their actions
What are the police duties in regards to VIS
→ ensure relevant info is gathered for VIS
→ ensure victim informed about purpose of VIS & and who reads it.
→ VIS needs to be statement from victim - not police speak
→ VIS mandatory for 2nd appearance
→ add any update to bottom of VIS
→ ascertain view on orders (Prot Order)
→ views on reparation and disqualification.
What must Police do when a victim comes into contact with Police
Determine whether the offence is a specified one
What are the specified offences under S.29 VRA
→ major sexual offences (Part 7)
→ serious assaults/injury/death/incapability
→ good reason to fear offenders release
What happens when it is a specified offence
→ victim must be told of right to register on victim notification register - record in NIA
Outline S.30 Victim’s views about release on bail of accused or offender
→ that offence is a specified one
→ offender applies for bail
→ Police MUST make reasonable attempts to ascertain views of victim & then inform court.
