Chapter 5

Question 1

Victims’ Rights Act 2002
Section 4
What is the Definition of immediate family

Answer 1

immediate family, in relation to a victim,—
(a) means a member of the victim’s family, whanau, or other culturally recognised
family group, who is in a close relationship with the victim at the time of the
offence; and
(b) to avoid doubt, includes a person who is—
(i) the victim’s spouse, civil union partner, or de facto partner; or
(ii) the victim’s child or step-child; or
(iii) the victim’s brother or sister or step-brother or step-sister; or
(iv) a parent or step-parent of the victim; or
(v) a grandparent of the victim.

Question 2

Victims’ Rights Act 2002
Section 4
In relation to any person what does incapable mean

Answer 2

(a) means that the person—
(i) lacks, wholly or partly, the capacity to understand the nature, and to
foresee the consequences, of decisions in respect of matters relating to
his or her personal care and welfare; or
(ii) has the capacity to understand the nature, and to foresee the
consequences, of decisions in respect of matters relating to his or her
personal care and welfare, but wholly lacks the capacity to communicate
decisions in respect of matters of that kind; and
(b) includes the person being in a state of continuing unconsciousness

Question 3

Victims’ Rights Act 2002
Section 4
What is the definition of a victim

Answer 3

(a) means—
(i) a person against whom an offence is committed by another person; and

(ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and

(iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty
of, or pleads guilty to, the offence concerned; and
(b) for the purposes only of sections 7 and 8, includes—
(i) a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and
(ii) a parent or legal guardian of a child, or of a young person, who falls
within subparagraph (i), unless that parent or guardian is charged with
the commission of, or convicted or found guilty of, or pleads guilty to,
the offence concerned; and
(iii) a person who has experienced domestic violence; and
(iv) a child or young person residing with a person who falls within
subparagraph (iii); and
(c) despite paragraphs (a) and (b), if an offence is committed by a person, does not
include another person charged (whether as a principal or party or accessory
after the fact or otherwise) with the commission of, or convicted or found
guilty of, or who pleads guilty to,—
(i) that offence; or
(ii) an offence relating to the same incident or series of incidents as that
crime or offence

Question 4

Victims’ Rights Act 2002
What are the Principles guiding treatment of victims
Section 7 treatment

Answer 4

Any person who deals with a victim (for example, a judicial officer, lawyer, member of court
staff, Police employee, probation officer, or member of the New Zealand Parole Board)
should —
(a) treat the victim with courtesy and compassion; and
(b) respect the victim’s dignity and privacy.

Question 5

Victims’ Rights Act 2002
Principles guiding treatment of victims
Section 8 Access to Services

Answer 5

Any person who deals with a victim (for example, a judicial officer, lawyer, member of court
staff, Police employee, probation officer, or member of the New Zealand Parole Board)
should —
(a) treat the victim with courtesy and compassion; and
(b) respect the victim’s dignity and privacy.
Although it creates no legally enforceable rights,
it does signal the obligation that Police have to provide support to victims.
This is usually done by contacting Victim Support, Women’s Refuge or other
area-specific agencies

Question 6

Victims’ Rights Act 2002

What Must you do with a CSV1

Answer 6

in every first appearance prosecution file a CVS1
(Court Victims Services Victim Advisor referral form) is emailed to the local
court generic VA email address.

Question 7

Victims’ Rights Act 2002

What are the polices obligations under Section 11 – Information about programmes, remedies, and services

Answer 7

An obligation to provide a victim with information about the support it is able to provide as soon as practicable after that agency comes into contact with the victim. The
information may also be provided to persons other than victims who may have been affected by the offence.
The obligation relates only to information about the remedies or services
provided by that agency. There is no obligation upon the Police, for example, to provide victims with information about ACC entitlements

Question 8

How do Police provide information to victims about victim support

Answer 8

Through CAFs and standard letters, usually generated by Crime Reporting Line and/or File
Management Centres.
Attending officers should refer a victim to Victim
Support where it is a serious incident or the victim is significantly affected by the incident, or as required by local agreements between Victim Support and
the police

Question 9

Victims’ Rights Act 2002

What are the police obligations Section 12 – Information about proceedings

Answer 9

Police are legally obliged to inform promptly – and keep informed – the victim as to the progress of the investigation, the reasons for the decision made with respect to a prosecution and the progress of the proceedings. This obligation will most often be discharged by the OC case.

Question 10

When is the NIA contact node to be used by the O/C Case.

Answer 10

throughout the investigation, to record contact with the victim and the action taken to provide the victim with information updates. It is required to be completed for all
files, not just arrest files.

Question 11

What does Victim Impact Statements section 17 Victims’ Rights Act 2002 mandate

Answer 11

Section 17 ensures that a child or young person who is present, or involved as a victim or a witness, or as the child of a victim, should be included in the victim impact statement process the same way as the primary victim

Question 12

What is the purpose of a victim impact statement

Answer 12

A victim impact statement provides the sentencing Judge with information
about the harm and any loss suffered by the victim by means of the offence
and any other effects on the victim. It serves four purposes:

(a) It assists the Court generally by providing information;
(b) Information about the effect of a crime on the victim helps to balance the
information in any pre-sentence report on the offender;
(c) It provides the victim with input into the administration of justice. This
assists the Court in seeing things from the victim’s perspective and may
aid in the healing process; and
(d) The offender is forced to recognise what he or she has done. This may
advance the rehabilitative process, and prevent further offending.

Question 13

What are the prosecutor has duties under the Victims’ Rights Act 2002 with respect to the victim impact statement.

Answer 13

There is an obligation to ensure that information
relevant to the content or preparation of the victim impact statement is gathered; a duty exists to ensure the victim is informed about the preparation of the statement and its place in the proceedings; there is a responsibility in
respect of statements from persons who were disadvantaged by the offence; and obligations exist relating to the presentation of the statement to the Court

Question 14

R v Proctor states

Answer 14

In regard to the content of victim impact statements, such statements are only expected to inform the sentencing judge of the effects of the offending
Should not contain
1. Victims account of the actual offending.

Question 15

When must a Victim Impacts statement be prepared by.

Answer 15

The second court appearence.
Statements should not be more than 28
days old at the time the offender is sentenced for the offence.

Question 16

What can be included in a Victim Impact Statement

Answer 16

Victim impact statements can now include photographs and diagrams as part of their content. A victim impact statement will also be able to be presented as an electronic recording, or in written form and not just by having it read to the Court

Question 17

Victims’ Rights Act 2002
S 30-48
What can a victim who is on the victim notification register expect to be notified of:

Answer 17

Once registered the victim can expect to be notified about events relating to
the offenders detention, including:
• Temporary release or escape from prison
• Absconding from home detention
• Impending release from prison
• Convictions for breaching conditions of release
• Recalls to prison
• Pending parole hearings, and how to make submissions to the Parole
Board
• Notification of the Parole Boards decision
• Deportation Hearings
• Claim opportunities under the Prisoner and Victims Claims Act 2005

Question 18

What does s31 of the Victim rights act 2002 cover

Answer 18

Police to give victims of specified offences
information about right to ask for notice and to appoint
representative

Question 19

What does s51 of the Victim rights act 2002 cover

Answer 19

(1) property of a person (other than an offender) held for
evidentiary purposes must, to the extent that it is possible to do so, return it to the
person as soon as practicable after they no longer need to hold it for those purposes.
(2) Subsection (1) does not apply if the person advises that he or she does not want the property returned.

Question 20

Road Policing
Fleeing Driver Policy
What is the overriding principle of the Fleeing Driver Policy

Answer 20

Public and staff safety takes precedence over the immediate apprehension of
the offender.

Question 21

In relation to a fleeing driver what does a risk assessment determine

Answer 21

A risk assessment determines whether:
• a pursuit should be initiated, or
• if it has already been initiated, whether it should continue or be abandoned.

Question 22

Why must the risk assessment of a fleeing driver on going.

Answer 22

Assessing the risks must be a continuous process until the pursuit is resolved or abandoned.

Units involved in the pursuit of the fleeing driver provide situation reports (sit-reps) to the pursuit controller in a timely manner.

This enables the pursuit controller to make an independent assessment of the risks and manage the
pursuit including whether to direct the abandonment of the pursuit.

Question 23

What are the risk factors to be considered in a fleeing driver situation.

Answer 23

Occupant Characteristics
Weather Conditions
Environment
Traffic conditions
Officer and vehicle capabilities

Question 24

What are the occupant Characteristics

Answer 24

• is the offender known? Is there an immediate threat to
public or staff safety?
• what offences have been committed or suspected of being
committed?
• is it a stolen vehicle?
• how many occupants in the vehicle?
• how old are the occupants (observation only)?
• what is the condition of the offender’s vehicle
(observation only)?
• are the occupants armed?

Question 25

What are risk factors in relation to Weather conditions

Answer 25

• what are the driving conditions like?
• is it raining with slippery roads?
• is it dawn or dusk with a chance of sun strike?

Question 26

What are the environmental factors in relation to a pursuit involving a fleeing driver

Answer 26

• what is the location of the pursuit? Is it a built-up area, or near a school?
• what type of road is it?
• what potential hazards are there in the area?

Question 27

What are the Traffic condition factors in relation to a pursuit involving a fleeing driver

Answer 27

what are the traffic conditions like?
• what is the volume of traffic? Is it peak hour traffic?
• are there pedestrians around?
• what time of the day is the pursuit occurring?

Question 28

What are the Officer and vehicle capabilities factors in relation to a pursuit involving a fleeing driver

Answer 28

is the driver an experienced officer? What is their PPDP
classification?
• what type of Police vehicle is involved? What is the
vehicle classification?
• is it a single-crewed unit?
• do they have hands-free radio?
• is a secondary unit available to take over pursuit
commentary?
• are non-constabulary persons in the Police vehicle?

Question 29

After considering the risk factors of a pursuit involving a fleeing driver what should be determined.

Answer 29

determine whether the need to immediately
apprehend the offender is outweighed by the potential risks of a pursuit to:
• the public
• the occupants of the pursued vehicle
• the occupants of your Police vehicle.

If there is no need to immediately apprehend the fleeing driver or the risks are
too great, a pursuit must not be initiated, or should be abandoned.

If a pursuit is initiated, the driver (or Police passenger in the primary unit if
applicable) must advise Comms immediately. They must give details of the
risk assessment as prompted by the dispatcher, using the communication
procedure

Question 30

What steps must a Police Driver follow when involved in a pursuit.

Answer 30

Step Action
1 Carry out a risk assessment.

2 Activate warning devices (lights and siren).

3 Inform Comms you have commenced a pursuit and maintain radio contact, as per communications procedure with the pre-alerting technique. If the unit is double-crewed this must be undertaken by the
Police passenger.

4 Continually use the risk assessment factors to determine whether the need to immediately apprehend is outweighed by the risks posed by continuation of the pursuit. Where the risks outweigh the need to
immediately apprehend, you must abandon pursuit.

5 You must follow the instructions of the pursuit controller and provide regular sit-reps to allow them to effectively manage the pursuit.

6 If the offending vehicle stops, ensure the vehicle is contained to prevent any risk of continuation.

7 When a pursuit is abandoned either as a result of the driver’s (or a Police passenger’s) decision, or on direction from the pursuit controller, the
abandonment procedure must be followed.

Question 31

What steps must a controller of a Police pursuit follow when involved in a pursuit.

Answer 31

Step Action
1 Ensure the pursuit warning is given by the dispatcher and acknowledged
by the pursuing unit.
2 If the officer and vehicle classification allow, appoint the unit that
initiated the pursuit as the primary unit. Replace unmarked vehicles
(category B) in a pursuit with marked vehicles (category A) at the
earliest opportunity. Ensure a secondary unit takes over the pursuit
commentary if the primary unit is single-crewed.
3 Follow the communication procedure to ensure risk assessment
information is received from the primary or secondary unit.
4 Constantly use the risk assessment information, to determine whether the
need to immediate apprehend is outweighed by the risks posed by the
continuation of the pursuit. Where this is the case, you must give the
direction to abandon pursuit.
5 Direct the pursuit is abandoned if the identity of the offender(s) becomes
known during the pursuit, the offender does not pose an immediate threat
to public or staff safety, and can be apprehended later.
6 Limit the number of Police vehicles following to no more than two
unless tactically appropriate (e.g. requirement of a dog handler in the
24 Chapter 5: Victims, Road Policing & Control and Command
Core Policing Knowledge – November 2015 Senior Sergeants syllabus
vicinity).
7 Coordinate other units to support the primary and secondary units, and
control traffic at critical points to maximise public and staff safety.
8 Arrange aerial surveillance where possible.
9 Consider and employ other tactical options as appropriate.

Question 32

What are the field supervisor’s responsibilities during a pursuit.

Answer 32

1. Advise the purist controller of any relevant information

2. May recommend to the purist controller that the pursuit be abandoned.

Question 33

What are the field supervisor’s responsibilities following a pursuit.

Answer 33

1. Supervision duties following pursuit
2. Ensure compliance with pursuit rules and report non compliance
3. Ensure pursuit notification form completed and if primary unit unable to complete notification then complete yourself.
   Review and approve the pursuit notification in a timely manner

Question 34

What are the tactical options available during a pursuit

Answer 34

1. Abandon pursuit
2. Using Tyre deflation device
3. Aerial surveillance
4. AOS/STG non compliant vehicle stop

Question 35

Who can abandon the pursuit

Answer 35

1. Driver
2. Police passenger
3. Pursuit controller

Question 36

Who can authorise spikes being used in pursuit

Answer 36

1. Pursuit controller

2. Comms shift commander

Question 37

When can spikes be deployed

Answer 37

1. On the authority of the pursuit controller.
2. On a heavy vehicle when authorised by the Comms shift commander
3. by suitable trained staff
4. In accordance with the tyre deflation device manual.

Question 38

Can tyre deflation devices be used on motorbikes

Answer 38

No

Question 39

What is the criteria for abandoning a pursiut

Answer 39

1. Offenders I’d known and arrest can be affected later so long as there no immediate threat to the public of the fleeing vehicles location is no longer known
2. The distance between the primary and fleeing vehicle is too great as to make the catch up speed unsafe.
3. Is someone is injured during the pursuit and there is no other unit avaliable to assist.
4. Sustained loss of contact with fleeing vehicle
5. when police warning lights fail
6. Traffic or weather too bad and risk outweighs the need for immediate apprehension of the fleeing driver.