Chapter 8 - Firearms Taser Sudden Death Victims Rights And Policing Act Flashcards

1
Q

Arms act 1983 section 40

A

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

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2
Q

Section 66 arms act

A

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.

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3
Q

Sudden death coroners role in relation to a death

A

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

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4
Q

Purpose of a coroners inquiry

A
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

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5
Q

Deaths that must be reported

A

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

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6
Q

Initial procedure when attending a sudden death

A

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

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7
Q

Who to report deaths to

A

National initial investigation office (NIIO)

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8
Q

Procedure when examining the body and scene

A

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

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9
Q

What to look for if you suspect a criminal act - sudden death

A

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

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10
Q

Policing act 2008 section 32

A

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

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11
Q

Section 33 policing act 2008

A

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

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12
Q

Section 36 policing act 2008

A

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

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13
Q

Victims rights act section 4

A

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

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14
Q

Section 7 victims rights act

A

Treatment

Victims shall be treated with courtesy and compassion

Respect the victims dignity and privacy

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15
Q

Victims rights act section 8

A

Access to services

A victim or member of a victims family should have access to services responsive to their needs

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16
Q

Section 11 victims rights act

A

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

17
Q

Section 12 victims rights act

A

Information about proceedings

Must be given information as soon as possible about matters relating to the case

18
Q

Section 17AA victims rights act

A

Victim impact statement defined

Victim impact statement means information ascertained under section 17 from a victim

19
Q

Section 17AB victims rights act

A

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

20
Q

Section 17 victims rights act

A

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

21
Q

Section 18 victims rights act

A

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

22
Q

Sudden death - application for warrant to remove body

A

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

23
Q

Sudden death - warrantless power to seize evidence relevant to a post mortem

A

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