Chapter 8 - Firearms Taser Sudden Death Victims Rights And Policing Act Flashcards
Arms act 1983 section 40
On demand by police person in possession of firearm air gun restricted weapon to give name address and date of birth
Must give particulars
If they refuse or give false particulars officer may
Caution that person
If they continue to not give particulars or false particulars may arrest without warrant
Liable to 3 months prison and/or $1000 fine
Section 66 arms act
Occupier of premises or driver of vehicle deemed to be in possession of firearm, pistol, restricted weapon, explosive etc
Any person occupying a land or vehicle where firearms are found are deemed to be in possession of firearms unless they can prove it was not there’s or someone else was in possession of it.
Sudden death coroners role in relation to a death
Receive a report from the NZ police
Decide whether to direct a post mortem
Authorise release of the body
Decide whether to open an inquiry and if one is to be conducted whether an inquest is to be held
Purpose of a coroners inquiry
Purpose is to establish That a person has died The person identity Where and when the person died The cause of death The circumstances of the death
Make specified recommendations
Determine whether the public interest would be served by the death being investigated
Deaths that must be reported
Suicide, unnatural or violent death
No doctors certificate has been issued
A death that occurred during medical, surgical or dental treatment
Death in offical custody or care
Any death while a women was giving birth or the result of a women being pregnant
Initial procedure when attending a sudden death
Check for signs of life
Inform your supervisor that you have attended a sudden death
If the death appears suspicious contact CIB and freeze control preserve
If death has been signed off coroner does not need to be advised, if death needs to be reported call coroner
Complete DED notification
Who to report deaths to
National initial investigation office (NIIO)
Procedure when examining the body and scene
Consider factors that may suspect you to suspect a criminal act
Note position of the body
Note all factors that may explain the death (body condition, medicine etc)
Obtain full particulars from witnesses exploring any likelihood of anyone else being involved
If a death is not suspicious obtain statements as soon as practicable
What to look for if you suspect a criminal act - sudden death
A death with no apparent cause
Poisoning but no known motive for suicide
A body in a burned building
Signs of injury inconsistent with an accident
An apparent suicide in an unusual position
Policing act 2008 section 32
Identifying particulars of person in custody
Constable may take identifying particulars from a person in custody in a manner that is reasonable and may only use reasonable force to secure there details
A person who refuses is committing an offence and is liable for 6 months imprisonment or $5000 fine
Identifying particulars include
Name add dob
Photographs
Finger, palm prints or foot prints
Section 33 policing act 2008
Identifying particulars for summons
May detain person who officer suspects has committed an offence to serve summons may
Take identifying particulars in a reasonable manner
May only use reasonable force
A person who refuses commits and offence and is liable for a fine of $5000 or 6 months imprisonment
Section 36 policing act 2008
Care and protection of intoxicated people
A person intoxicated in a public place or trespassing on private property may be taken into police custody if
Incapable of protecting themselves
Likely to cause physical harm
Likely to cause significant damage to any property
And it’s not reasonably practicable to
Take that person home
Take that person to a temporary shelter
A person in custody must be released as soon as they cease to be intoxicated and must not be detained longer than 12 hours
Victims rights act section 4
Interpretation
Immediate family - victims spouse, child, brother, parent or grandparent
Incapable - lacks the capacity to understand consequences, decisions relating to their personal care
Has the capacity but cannot communicate decisions
Victim - a person against whom an offence has been committed by another person
A person who by means of an offence suffers physical injury, loss or damage of property
A parent or legal guardian of a victim unless they are being charged with an offence against them
A member of the immediate family of a person who as a result of an offence committed by another person dies or is incapable
Section 7 victims rights act
Treatment
Victims shall be treated with courtesy and compassion
Respect the victims dignity and privacy
Victims rights act section 8
Access to services
A victim or member of a victims family should have access to services responsive to their needs
Section 11 victims rights act
Information about programmes remedies and services
As soon as a victim comes in contact with an agency they must be given info about the service, programmes etc
Section 12 victims rights act
Information about proceedings
Must be given information as soon as possible about matters relating to the case
Section 17AA victims rights act
Victim impact statement defined
Victim impact statement means information ascertained under section 17 from a victim
Section 17AB victims rights act
Purpose of victim impact statements
Enable the victim to provide info to the court about the effects of the offending
Assist the court in understanding the victims views about the offending
Inform the offender about the impact of the offending
Section 17 victims rights act
Information to be ascertained from victim
Any physical injuries or emotional harm suffered by the victim
Any loss or damage to property suffered by the victim
Any other effects of the offence on the victim
Any other matters consistent with the purpose of victim impact statements
Section 18 victims rights act
Procedure before ascertaining information from victim
Prosecutor, O/C must inform
That info is being used for a VIS
Info given is true
Info must be recorded
The victims views on orders, conditions are ascertained
Sudden death - application for warrant to remove body
Can apply for warrant if
A coroner has given directions about the removal of the body
You have reasonable grounds to believe the body is being held in a place contrary to the directions (of coroner)
You have used negotiations and all other means to have the body released
You can use reasonable force to enter and search for the body or prevent its removal
Sudden death - warrantless power to seize evidence relevant to a post mortem
Can without warrant use reasonable force if you are complying with a direction to
Remove a body (sec 20)
Executing a warrant for removal of the body (sec 128)
Evidence must be
On or in the immediate vicinity of the body and relevant to the post mortem of the body
Delivered to the coroner
Must advise occupier, person from which item was seized within 5 working days
