Chapter 5 - Victims, Road Policing, Control & Command Flashcards
Who is responsible for the investigation once a pursuit is abandoned
The field supervisor his primary responsibility for directing the subsequent investigation to identify the offender
The pursuit controller always retains control command of the fleeing driver event
The pursuit control may request the air support unit to take over primary responsibility for providing commentary and assist in the coordination of ground units to resolve the fleeing driver event safely.
If the air support unit believe their aircraft has been identified by a fleeing driver they must inform the pursuit controller
What is the interpretation of immediate family and the victims rights act 2002
Means a member of the victims family whanau or other cultural recognised family group who is in a close relationship with Victim at the time of the offence and to avoid doubt includes a person who is the victim spouse civil union partner or defacto partner or the victims child or stepchild or the victims brother or sister or stepbrother or stepsister or a parent or step parent of the victim or a grandparent of the victim
Any person who deals with a victim should treat them with
courtesy and compassion and respect the victims dignity and privacy
When does a CVS1 need to be completed
Every first appearance prosecution file
Must be emailed to the local courts generic VA email address and NIA updated with the CVS1 completed in the contact correspondence node
When can AOS or STG carry out a non-compliant fleeing driver stop.
In situations which are justified by TENR risk assessment, AOS or STG commanders may authorise a non-compliant vehicle stop. This can only be done when their is no other timely practical method of containing the fleeing driver or neutralising the threat they present.
They can undertake the tactic when they are trained in its use, and it is undertaken in accordance with AOS or STG standard operating procedures and authorised by an AOS or STG commander
If a non-compliant vehicle stop it’s going to be carried out it is preferable for this to be broadcast on an area channel rather than a tactical channel
When must a victim be given information by the personnel of the agency about programs remedies or services available to the victim through that agency
As soon as practicable after the Victim comes into contact with an agency
Services includes participation in restorative justice processes
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
What does investigating the authorities mean
It means persons or bodies investigating the offence in the performance or exercise of the official functions powers or duties but does not include a person exercising or performing functions powers or duties of a probation officer under any enactment.
NIA Victim contact note or contact correspondence is to be used by the OC case throughout the investigation to record contact with the victim in the action taken to provide the victim with information updates
It is required to be completed for all files not just arrest files
Can victim impact statements have photographs drawings or other visual representations provided by the victim
Yes
What is the purpose of a victim impact statement
Three step process.
The purpose is to enable the victim to provide information to the court about the effects of offending and assist the court in understanding the victims views about the offending and inform the offender about the impact of offending from the Victim’s perspective
Should a child of a victim be included in the victim impact statement process
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 is the primary victim
A victim impact statement serves four purposes what are they
It assist the court generally by providing information about the effect of a crime on the Victim. helps to balance the information in any pre-sentence report on the offender. it provides the victim with input into the administration of justice this assist the court in seeing things from the Victim’s perspective and may aid in the healing process l, and the offender is forced to recognise what he or she has done this may advance the rehabilitative process and prevent further offending
With regards to the content of the victim impact statements such statements are only expected to inform the sentencing judge of what
The effects of the offending.
When must be a victim impact statement be prepared for court
It is good practice for the OC file to ensure that a victim impact statement is prepared for the first court appearance however this is not always possible. it is however mandatory that the OC file ensures a victim impact statement is available for the second appearance
Victim impact statements can now include photographs and diagrams as part of the content. A victim impact statement will also be able to be presented as an electronic recording only when
With leave of the court
What may materially affect the courts views as to the appropriate sentence with regards to the Victim
The victims compassion towards the offender as manifested in the outcome of a restorative justice conference or the victims acceptance of an offer of a amends tended by the offender
The outcome of restorative justice conference is to be given significant weight with regards to sentencing
On the other hand in serious assault or domestic violence cases the views of the victim that the sentence should reflect a merciful approach ought not to outweigh the broader public interest
What is a specified offence under section 29
In offence of a sexual nature or an offence of serious assault in offence that resulted in serious injury to a person in the death of a person or in a person be coming in capable or an offence of another kind and that has led to the Victim having ongoing fees on reasonable grounds for his or her physical safety or security or for the physical safety or security of one or more members of his or her immediate family.
In relation to serious assault or causing serious injury or death the focus is still on the characteristics and seriousness of the offending in the particular case rather than the offence category with which the offender is charged
When must’ve victim of a section 29 offence be advised of their right to register on the victims notification register
As soon as practicable after the Victim comes into contact with Police and an arrest occurs.
Does the OC of a case have to assist the victim with registering for the victims notification register
Good practice suggest that the OC case should assist Victim
The form is located in Police forms under victims and is to be handed to the Victim by the OC case
It is the victims responsibility of signing and sending away the form to the vetting and validation section at PNHQ for consideration and registration
How can please check if the registration has been successful for a victims notification register
By simply checking on the front page of the Intranet applications and databases notifications queries and entering the offenders or Victim’s details in the lower query section
What is the paramount consideration for the court where the offender is charged with the offence against domestic violence act 1995
The need to protect the victim of the alleged offence
Even where section 29 does not apply the views of the Victim as to the release of the offender on Bail may sometimes be taken into account is a
Special matter
Where the offender is charged with an offence against section 49 of the domestic violence act 1995 the need to protect the victim of the alleged offence is the paramount consideration for the court.
under section 12 the bail act 2000 we are qualifying offender is charged with an offence punishable by three or more years imprisonment the need to protect the safety of the victim of the alleged offending is the primary consideration relevant to the granting of bail
Bail Act - Primary consideration.
Domestic Violence Act - paramount consideration.
Police must promptly notify the victim if the accused person is released on bail and advise them of any Bail conditions that concerns what
The safety of or non-association with the Victim or the victims immediate family
If Victim considers that he or she is entitled to be a quarter to right under any of the sections called specified provisions and that he or she has not been accorded the right they may complain to
An ombudsman if the person who under the relevant specified provisions appears to be required to record the victim or person the right may be subject to a complaint under that act
The independent police conduct authority if the person who under the relevant specified provisions appears to be required to accord the victim or person the right, is a member of the police
The privacy commissioner if the matter involves or may involve an action that is or appears to be an interference with the privacy of the victim or person
Any person who receives a complaint under these sections must deal with the complaint promptly and fairly
What is the ‘victims code’ by the ministry of justice
Victims Code provides information to Victim’s about their rights. the information alerts aggrieved victims about the process to make complaints where they believe police and other key agencies have failed to afford them their rights
There is a higher level of accountability and scrutiny because of the amendments to the victims rights act or complaints relating to police failure to meet their obligations under the act will be reported to
Parliament as part of the police yearly reporting process and published publicly
New Zealand’s road safety strategy road to zero launched in 2020 when does it finish
2020-2030
On average how many people are killed and injured in our roads
One person is killed every day and another is injured every hour in road crashes nationwide
Wrote to zero strengthens every part of the road system with one priority in mind, what is it
Peoples safety
What is the governments vision with regards to road policing
The vision is a New Zealand with no one is killed or seriously injured in road crashes. it is based on vision zero a global movement that has seen significant decreases in road trauma in Sweden New York and parts of Australia
What intermediate target towards achieving the governments vision has been set for the next decade
A 40% reduction of deaths and serious injuries on our roads over the next decade steady progress towards this target would meet approximately 750 fuel people would be killed and 5600 fewer would be seriously injured on our roads over the next 10 years
The road to zero action plan 2020 to 2022 accompanies the road to zero road safety strategy, how many initial actions does it contain.
15 initial actions
What are the seven guiding principles for road to zero
We promote good choices but plan for mistakes. we design for human vulnerability. we strengthen all parts of the road transport system. we have a shared responsibility for improving road safety. Our actions are grounded in evidence and evaluated. our road safety actions support health well-being and livable places. we make safety a critical decision making priority
What are the five focus areas for road to zero
Infrastructure improvements and speed management. vehicle safety. work related road safety. Road user choices. system management
Intervention indicators
Measure progress of specific action plan initiatives they will be updated and each action plan to ensure they stay relevant
All drivers who failed to stop or fail to remain stopped after been signal to do so will be managed in accordance with this policy
This includes drivers who are unaware of the signal to stop. unaware of the required action when signal to stop by Police, or deliberately failed to stop or remain stopped
What is the road to zero overarching goal
To reduce the number of deaths and serious injuries by 40% by 2030
What percentage of the road to zero strategy is targeting RIDS offences
75%
What does RIDS stand for
Restraints
Impairment
Distraction
Speed
Pleace will approach road safety from What perspective
‘Whole of Police’ perspective
How many peoples Lives will be saved and how many less people will be seriously injured on our roads over the next 10 years
750 Less deaths and 5600 fewer people will be seriously injured
Who developed the road to zero action plan 2020-2022
New Zealand Police, the Ministry of transport, and the New Zealand transport agency (NZTA)
Pleace will use all available strategies and options to deliver an
Effective holistic approach to road safety while continuing to be innovative
What is repeat registrations report
It identifies recidivist high risk drivers subject to the tasking and coordination process
Who is part of the road safety partnership
New Zealand Police New Zealand transport agency NZTA and the Ministry of transport.
They will work more closely together and better align their capability assets and people.
What is the purpose of the fleeing Driver policy
The purpose of the policy is to guide staff decision-making around signalling a driver to stop. And in the event of a fleeing Driver, how to achieve the safest possible outcomes.
Safety is the paramount consideration
What is the overriding principal when apply TENR
‘safety is success’
Every effort must be made to minimise harm and maximise safety. the TENR risk assessment must balance the
Initial threat posed by the vehicle occupants.
necessity to immediately apprehend the driver and or passengers, and risk of harm to any person if the driver failed to stop or remain stopped.
Each fleeing driver event will be reviewed to determine whether the decision was
CLAWJ - They will get there claw’s into you…..
Compliant with Police Instructions
Lawful
Appropriate
Whether there are lessons to be learnt
Justified, considering all the circumstances.
If the information available indicates a driver is likely to flee the emergency communication centre should be advised of
The reason for wanting to stop the driver and the intention to signal the driver to stop and if a pursuit is going to be initiated if the driver failed to stop
During a pursuit if there is no pursuit controller or team leader available the dispatcher must do what
The dispatch of must direct the abandonment of the pursuit
How many vehicles can be involved in a pursuit by police
There should be no more than two police vehicles unless tactically appropriate.
The pursuit controller will direct the abandonment of a pursuit when
TENR dictates.
identity of fleeing driver becomes known and/or the fleeing driver does not pose an immediate threat and it is likely they can be safely apprehended later.
pursuing units have lost contact with the fleeing driver.
sustained loss of communication with pursuing units
During a pursuit the DCC and NCCC may provide situational intelligence to staff in the emergency communication centre however
They have no command role during the pursuit
Staff responsible for providing communication during the pursuit must
Provide timely and relevant sit rips to the emergency communication centre
What information is priority to be conveyed to the emergency communication centre during a pursuit?
The most critical risk information early to inform the pursuit controller’s TENR risk assessment, enabling effective command of the pursuit.
With regards to pursuits with fleeing drivers the initiate unit or passenger must complete the fleeing driver notification before the end of
Before the end of shift. Or with approval, within 5 days of the end of shift and before going on RDO’s or leave.
Where a health and safety incident or near miss has occurred a mypolice incident or near miss must be recorded before the end of shift.
everything has to be done before the end of shift (NIA occurrence, etc).
A supervisor must review the fleeing driver notification to ensure compliance with policy and legislation within
Within 5 Days of the report been submitted for review
Once a pursuit has been abandoned what must police do if they see the vehicle again and want to pursue it
Permission must be obtained from the pursuit controller or shift commander before signalling the driver to stop, and if permission is obtained, commencing the pursuit in the event the driver failed to stop or remain stopped
If permission to signal and pursue is granted the pursuit controller must communicate a clear plan and tactics to resolve the fleeing driver event should the driver fail to stop remain stopped
Any subsequent pursuit with a vehicle or driver of a previously abandoned pursuit is a new event
Who can advise to abandon a pursuit
Anyone can advise comms the pursuit should be abandoned however, it MUST be abandoned when either the Initiating or secondary unit drivers or Constabulary passengers, field supervisor, dispatcher or pursuit controller direct it to be abandoned.
Who can authorise the deployment of Tire deflation devices on heavy vehicles
Emergency communication centre shift commander
A pursuit controller can authorise Tire deflation devices be deployed on normal vehicles (not motorbikes) and trained police employees in ‘exceptional circumstances’
What is the primary role of the air support unit In a fleeing driver event
Is to maintain observations and provide the pursuit controller with enhanced situational awareness to inform their TENR risk assessment, decision-making and safe management of the fleeing Driver event
