Chapter 5 Victims, Road Policing, Control And Command Flashcards
What are the 7 principals guiding the Road Zero plan
- Good choices but plan for mistakes.
- Human Vulnerability
- Strengthen Road Transport System
- Shared responsibility for improving Road Safety.
- Evidence and evaluation
- Support health, wellbeing and livable places.
- Critical decision making
In R.P what is the critical Command Information
RR, RSP, T+C,T,LSP…
- Report Registration Report
- Road Safety Partnership
-Tasking and Coordination. - Tools (on duty)
Local stakeholder Partnerships
s30+s32 S&S Act
The above talks to Road Blocks.When can you set up a Road Block? What power does s33 give you?
- Can set up Road blocks when you have reasonable grounds to BELIEVE person unlawfully at large is in the vehicle/or committed offence punishable by imprisonment
- s32 allows you to stop cars at the Road Block or in the vacinity
What info MUST the victim be given on when making a VIS?
- Info is for the purposes of VIS
- That info given is true correct
- Informed who may see it
What should a VIS contain
- Physical and emotional harm suffered
- Loss and damage of property
- other effects
- 17AB
In relation to providing I formation, what are Police obliged to do in relation to providing that info?
- Inform promptly + keep informed
- This is with ALL files NOT just prosecution files
What are the principals in the fleeing driver Policy?
S,R,IP,I,Y,I,R,CR
- Safety - Public - Police #1
- A F2S is NOT and reason to pursue.
- Investigation preferred
- Only justified if necessity to stop outweighs risk
- will consider risk/Impact to youth
- Decisions not to pursue will be supported
- All fleeing drivers will be investigated and held to account.
- Fleeing drivers events will be reviewed in a timely manner
- Staff maybe criminally liable
When must property be returned to a person?
ASAP when not needed to be held.
Dont have to if they dont want it.
The prosecutor MUST make all reasonable efforts that info is given to the court if the victim has suffered…..
- Physical Injury, emotional harm
- Loss and damage of property
- other effects of an offence
- any other matter
Each fleeing driver event will be reviewed to determine whether the decision was?
A, L, J, C, PI, Ll
- Appropriate
- Lawful
- Justified
- Complied
- Complied with PI
- Lessons learnt
Road Zero is the Govt. focus where the vision is zero deaths on NZ Roads. What are the 5 focus areas?
I+SM, VS, WR, DC, SM
- Infrastructure improved speed management.
- Vehicle safety
- Work related Road Safety
- Road users choices
- System Management
What is:
Whole Police approach?
O.C, FV etc, MTE, Dto R, E1
- Some Road policing have there genesis
e. g orgainised crime, F.V, alcohol harm - Road safety is achieved by more than enforcement alone
- relies on development to risk
- All Police will conduct R.P and prevention
s8 - Access to Services
Victim/s family has the right to services when?
- Welfare health, counseling, medical, legal needs arising from the offence.
How is a specified offence defined?
- offences of sexual nature
- serious assaults
- offence resulting in serious injury, death, incapable
- ongoing fears for safety for themselves, family
What is the definition of immediate family?
- Member of a victims family group, whanau, cultural family group, who is in a close relationship with the victim at the time of the offence.
- Victims spouse, civil union, defacto
- Brother, Sister
- Steps (all)
- Parents
- Grandparents
What is an incapable person?
- Lacks capacity to understand the nature and consequences of decisions regarding their care and welfare.
- Has the capacity to understand but cant communicate decisions.
- Person being in a state of unconsciousness
What is the definition of a victim?
9
- A person who had offence committed against them.
- Suffers physical injury loss/damage to property.
- Parent or legal gaurdian of a child victim.
- Immediate family member of a person that is a result of an offence dies or is in capable.
- A person that suffers emotional harm as a result of an offence.
- Domestic violence
- Child of FV
What are the principals when dealing/treating a Victim?
(2)
C+R, D+P
- with courtesy + Respect
- Respect Victims dignity + privacy
How do Police provide victims with Information?
- CAF
- Standard letters
- Victim Support
VCN Should be completed in NIA
What info should victims be given regarding cases etc?
- Progress of Investigation
- Reasons for charging/ not charging
- Victims role as a witness
- Suppression Order made by the court
- Time and time of each event
- Outcome of prosecution
- Any plea, convictions+ sentence imposed
- Unfit to stand trial
- Charge not proved
- Aquittals
- Free pardons
What is the purpose of a VIS?
3
- Enable the victim to give information to the court…ie: the effects of the offending
- Assist the court in understanding victims views of offending
- Inform the offender of the impact of offending
VIS can now contain what?
- Photographs
- Drawings
- Visual representions provided by the victim
What should a VIS not contain?
How should they be written?
When should the VIS be prepared?
- Victims account of actual offending
- In victims speak, not Police jargon
- Best practice is 1st appearance, but mandatory for 2nd.
Auckland Council Vs Shaw
Talks to the victims views show compassion towards a defendant in a VIS. When will these be outweighed in Court?
In Public Interest cases e.g F.V serious assaults
U der s29 Specicied offences, victims get put on the victims Notification Register. What are some of the things victims can be expected to be Notified of?
- Temp releases from prison
- Breaching Home Detention
- Impeding release from prison
- convictions for breaching release conditions
- Recalls to prison
- Pending parole hearings
- Parole board decisions
- Deportation hearings
- Claim opportunities
s30 + s32 S+S Act
The above talks to Road Blocks. When can you set up a Road Block?
What power does s33 give you?
Can set up a Road Block when you have REASONABLE grounds to BELIEVE person unlawfully at large is in the vehicle/or committed offence punishable by imprisonment
—————–‐—-‐———————‐———————
s32 allows you to stop carsif the Road Block is in the vicinity
When does the victim have a right to share views on bail?
- Offender charged with specific offence
- Offender makes bail application
- make every effort to gather victims views
- Inform the court
Under s31 the victim has rights to a rep. What is the role of that rep?
The rep acts as the middle person and receives all relevant info from Police + Courts and passes it on to the victim
What does RIDS stand for?
Restraint
Impaired
Distraction
Speed
Safety is paramount in a fleeing driver incident. This will be achieved through (safety is success) What must Police balance?
- Initial threat imposed
- necessity to immediate apprehend
- Risk of harm
Decisions made will be determined whether
- Appropriate
- lawful
- Justified
- Complaint with Police instructions
- lessons learnt applied
Prior to stopping a vehicle, you should make a TENR. What does this include and why?
- Advise COMMS
- Reason for wanting to stop vehicle
-Intention to stop - If driver fails to stop whether you intend on pursuing.
- WHY? THIS ENABLES COMMS to assist in planning
DECISION IS MADE BEFORE YOU TRY TO STOP THE VEHICLE.
Who may call for a pursuit to be abandoned
- Lead driver/ passenger
- Dispatcher
- 2nd driver/ passenger
- Pursuit controller
- Field supervisor
What are some of the roles of the pursuit controller.
- Control the pursuit
- Ensures acknowledgement is given and acknowledged
- control TENR
- Resolve pursuit safety
- Ensures 2nd vehicle commentaries if lead vehicle is 1up
- Replaces category B vehicles with category A
- limit number of vehicles following -2 max
- Uses tactical units
- Monitirs Sit Reps to make informed decisions
What is the role of the field supervisor? In a pursuit
- Maintain oversight
- where possible avoid direct involvement
- Continuosly performs TENR
- Able to direct abandonment
When must units abandon pursuits
If TENR assessment risk of harm outweighs the need to apprehend or continue pursuit.
When must the notifications, ( TDD Pursuit) be completed
Before the end of shift for initiating unit OR 5 days with supervisor approval
Supervisor must review within 5 days
When pursuit is abandoned, units return to BAU…
What happens of you see the vehicle again.
Advise COMMS:
- Vehicle located
- Location
- Direction of travel
- Summary TENR
- Ask to signal
ONLY SHIFT COMMANDER CAN GIVE PERMISSION TO SIGNAL
After a pursuit has been abandoned who does it apply to?
EVERYONE!
EVEN EAGLE
- Maintain Obs with no commentary or limited commentary
- Vacate airspace
- At times full commentary
What are some roles of Eagle?
ASU
- If requested take over the commentary (command).
- Assist in co-ordination of ground units.
- Remain covert. If they think fleeing driver has spotted they MUST advise COMMS
