Chapter 6 - Road Policing Flashcards
What is the overarching principle in relation to Urgent Duty Driving?
Public and Police employee safety takes precedence over the necessity to under take urgent duty driving.
What are the additional principles in relation to Urgent Duty Driving?
- Public and Police employee safety must be prioritised
- Urgent duty driving must be conducted in the safest possible manner
- Enforcement officers must drive at a speed and manner appropriate to the circumstances
- Enforcement officers are individually legally responsible for their actions
- Enforcement officers will use the threat assessment tool (TENR)
- Cat A vehicles are preferred for urgent duty driving as they are more visible.
No urgent duty driving is so urgent that it what?
Requires the public or police to be placed at unjustified risk.
What situations are included in ‘critical incidents’?
- Force or threat of force is involved
- Any person faces the risk of serious harm
- Police are responding to people in the act of committing a crime
What is a tactical approach and when can you use it?
Refers to urgent duty driving without activating lights or sirens.
And include:
- Adjusting vehicle speed
- Turning off or not activating siren
- Turning off or not activating warning lights
Used when approaching scene of a serious crime in progress, attending a report of a suicidal person, obtaining evidence of a speeding offence where the driving is not dangerous and risk is low.
If you are using a tactical approach whilst exceeding speed limit in traffic, what do you need to justify?
- Justify your decision to use tactical approach, if lights or sirens are not used then defences for proceeding against traffic signals do not apply.
What is classed as a fleeing driver?
A driver who has been signalled to stop and fails to stop, or remain stopped, or flees as a result of Police presence, whether signalled or not.
What is the purpose of the Fleeing driver policy?
Guide staff decision making around signalling drivers to stop and in the event of a fleeing driver, how to achieve the safest possible outcome.
Safety is the paramount consideration.
Effort must be made to minimise harm and maximise safety.
What does the TENR risk assessment need to balance?
- Initial threat posed by the vehicle occupant(s)
- Necessity to immediately apprehend the driver and/or passenger(s)
- Risk of harm to any person if the driver fails to stop or remain stopped.
Each fleeing driver event will be reviewed to determine the decision was what?
- appropriate
- lawful
- justified, considering all circumstances
- compliant with Police Instructions, and
- whether there are lessons to be learnt and applied.
If the information available indicates that a driver is likely to flee, the Emergency Communications Centre should be advised of what?
- The reason for wanting to stop the driver, and
- The intention to signal driver to stop, and
- Whether a pursuit is going to be initiated if the driver fails to stop
What action should you take if a you have a fleeing driver incident?
Comms (call sign), driver failing to stop/remain stopped, not in pursuit. Please create a field event and K6
Explain s113 Land Transport Act 1998?
Enforcement officers may enforce transport legislation
- Direct to provide details of person in charge of vehicle
- Inspect, test and examine parts of vehicle/documents
- Move vehicle if obstructing
- Direct removal of vehicle from road
- Forbid unlicensed driver from driving
- Forbid persons operating transport service without a licence
- Direct person to stop or proceed in particular line of traffic or direction
- Direct pedestrian not to proceed
Explain s114 Land Transport Act 1998?
Power to require driver to stop and give name, and address etc
- Signal or request driver of vehicle to stop as soon as practicable
- Must remain stopped for as long as reasonably necessary to complete
- On demand provide full particulars - name, dob, address, occupation, number
- Stop no longer than 15 minutes in order to establish driver identity
- May arrest a person without warrant if good cause to suspect person:
Failed to comply with this section or a signal or request or requirement under this section, or given false or misleading information under this section
Explain s119 Land Transport Act 1998
Powers of entry
Enter any premises when freshly pursuing to determine if EBA or exercise any other LTA power.
Explain s120 Land Transport Act 1998
Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer
May arrest if assault or EBA
Explain s121 Land Transport Act 1998
Enforcement officer may immobilise vehicle etc, in specified circumstances
(1) Enforcement officer may exercise all or any of the powers conferred in (2) if believes on reasonable grounds that;
- person in charge of motor vehicle is incapable of proper control due to physical or mental condition
- does not complete a compulsory impairment test in manner satisfactory
- fails or refuses to undergo a compulsory impairment when required (must arrest if fails)
Explain s121 Land Transport Act 1998
Enforcement officer may immobilise vehicle etc, in specified circumstances
(2) - Enforcement officer may?
(a) forbid person to drive for period of time
(b) direct person to drive to specified place to rest, load vehicle etc
(c) take possession of keys/require person to deliver all such keys
(d) take steps necessary to render vehicle immobile/remove to place
Explain s121A Land Transport Act 1998
Enforcement officer may give directions or immobilise vehicle if driver breaches certain conditions
Enforcement officer may exercise all or any powers conferred by (2) if believes on reasonable grounds that a person in charge of vehicle has breached class 1 or class 6 learner licence or restricted licence
(enforcement officer may do same as in s121)
Explain s35 Policing Act 2008?
Temporary closing of roads
Constable may temporarily close to traffic any road/part of road if reasonable cause to believe that;
- public disorder exists or is imminent at or near that place, or
- danger to a member of the public exists or may reasonably be expected at or near that place, or
- an offence punishable by 10yrs+ imprisonment has been committed or discovered at or near that place
