Chapter : Custody, Bail, Prosecution Guidelines, Taser and Firearms

Question 1

S7 - Rules for Granting Bail

Answer 1

A defendant is bailable as of right who is charged with an offence which the max punishment is 3yrs imprisonment

Question 2

S8 - Considerations for continued detention

Answer 2

Whether there is a risk that -

i) the Defendant may fail to appear in court
ii) Defendant may interfere with witnesses or evidence
iii) May re offend whilst on bail

a) The nature of the offence
b) Strength of the evidence
c) seriousness of the punishment likely to be imposed
d) the character and conduct of the defendant
e) Defendants history whilst offending on bail
f) time until the hearing
g) Possibility of prejudice to the defence
h) any other special circumstances

Question 3

S10 - Restriction on bail due to specified offence

Answer 3

Applies to defendant over the age of 18 who is charged with a specified offence and has 1 or more previous convictions for a specified offence.

Also applies to 17yrs who is charged in the District Court or High Court with a specific offence and has 1 or more previous convictions for specified offences.

Question 4

S10 - What are specified offences ?

Answer 4

a) Sexual Violation
b) Sexual conduct with child under 12
c) Sexual conduct with child under 16
d) murder
e) manslaughter
f) Attempt to murder
g) Wounding with intent (+ aggravated wounding)
h) injuring with intent (+ aggravated injuring)
I) Using Firearm against LEO
J) Commission of a crime with firearm
K) Kidnapping
L) aggravated burglary
M) Robbery (+agg robbery)
N) Assault with intent to rob

Question 5

S10 - Who can grant bail (re specified offence)

Answer 5

Only a High Court Judge or District Court Judge may grant bail

Question 6

S12 - Further restrictions on bail in certain cases

Answer 6

18yrs or older Defendant is charged with an offence under crimes act 1961 that carries a maximum sentence of 3 or more years.

ii) at the time of the commission of the offence was on bail or awaiting trial for another offence under CA1961 with punishment of 3 or more years imprisonment.
iii) has previously received a term of imprisonment

b) the defendant is of or over the age of 18 and -
i) is charged with an offence that carries a max of 3yrs or more
ii) has previously received 14 or more sentences of imprisonment

A sentence of imprisonment is counted whether or not it was served concurrently with any other 1 or more sentences

Question 7

S12 - Serious property offence?

Answer 7

Means against part 10 of crimes act 1961 punishable by imprisonment of 7 or more years.

Question 8

S16 - Who can grant bail for drug dealing offence

Answer 8

Charged with or convicted of drug dealing offence mya only be granted bail by order of the High Court or District Court Judge

Question 9

21A - Notice of Police Bail

Answer 9

Notice of Police Bail must State -

i) Defendants full name and address
ii) Charges
iii) Conditions of Bail
iv) any other information

Question 10

How long can a Defendant be bailed for (police bail)

Answer 10

No more than 14 days

Question 11

The coroner cannot release the body until ..?

Answer 11

The coroner cannot release the body until satisfied with the identification of the deceased.

Question 12

Hierarchy of ID

Answer 12

1. visual ID
2. Fingerprints
3. Odontology ( dental records)
4. Comparison ID process - Contact DUTY SAR for DVI
5. DNA - Request authorisation from coroner

Question 13

Re 1S, When approached by media, you should?

Answer 13

Seek advice from Police Media Team

Consult with Coroner

Question 14

Policing Act 2008 S32

Answer 14

Identifying Particulars of person in custody

May use force that is reasonable to obtain

Question 15

What are ID particulars mean?

Answer 15

Name, DOB and ADDY
Photographs
Impressions of fingerprints, palm prints or foot prints

Question 16

What are the concequences of failing to comply under S32?

Answer 16

A person, after being cautioned fails to comply with a direction of a constable exercising his or her powers under this section -

a) Commits an offence and
b) liable on conviction to imprisonment for term not exceeding 6months or $5000.00 or both

Question 17

S36 Care and protection of intoxicated people

Answer 17

A constable who finds a person intoxicated in a pp or intoxicated whilst trespassing on private property, may detain and take the person into custody if -

a) the constable reasonably believes the person is -
i) incapable of protecting himself or herself from physical harm
ii) likely to cause physical harm to another person
iii) Likely to cause significant damage to any property

B) Not reasonably practical to take the person to -

i) place of residence
ii) temporary shelter

Question 18

How long can you detain someone under S36?

Answer 18

no more than 12hrs.

medical practitioner needs to assess and recommend for a further duration not exceeding 12hrs

Question 19

The decision to prosecute ?

Answer 19

the test for prosecution is met if:

• the evidential sufficiency test
• The public interest test

Question 20

The evidential test?

Answer 20

1. Identifiable Individual
2. Credible evidence
3. Evidence which prosecution can adduce (ADDUCE is to offer as example, reason, or proof in discussion or analysis)
4. Could reasonably be satisfied
5. Beyond reasonable doubt
6. Commission of criminal offence

Question 21

Public interest test ?

Answer 21

1. The predominant consideration of the seriousness of the offending
2. Where the offence involved serious or significant violence
3. Grounds for believing that the offence is likely to be repeated
4. Defendant has relevant previous convictions
5. Where the defendant is alleged to have committed an offence whilst on bail etc

Question 22

Taser use,When must a supervisor be notified?

Answer 22

Must notify a supervisor ASAP if shown or used. In rural settings notify the nearest on duty supervisor.

Question 23

Supervisors Actions after Operational Use of Taser?

Answer 23

1. Consult with operator involved if you are required (or can utilise face time?)
2. Ensure proper aftercare is administered
3. Photograph scene + seize evidence 4-5 cartridge identification tags , spent cartridges and wires
4. Ensure person who was tasered is seen by a registered medical doctor or paramedic - record examination on pol 42
5. Ensure operator completes the details of instances of use in the taser register
6. Tac options report
7. Uploads evidence.com via evidence sync
8. review taser footage

Question 24

What to do when Taser footage is requested under OIA 1982?

Answer 24

Forward the request to the National Manager, Response and operations PNHQ to be actioned.

Question 25

Firearms - Risk attitude, behaviour and capability

Answer 25

Police will be more likely to take action where attitude and risk coincide and the response if more likely at the higher end of the spectrum.

Question 26

Firearms - Factors for consideration

Answer 26

1. Extent of harm or risk
2. Conduct
3. Public Interest
4. Attitude to compliance

Question 27

Failure of a provision of the Arms Act 1983 or regulations - Basis for belief

Answer 27

Police must reasonable believe that the licence holder:

1. is failing
2. Has failed or
3. Is likely to fail
4. to comply with a provision of AA

The belief should be based on evidence which can be proved to the civil standard of “on” the balance of probabilities.

Question 28

Fit and proper Person Assessment

Answer 28

Police may find a person is not fit and proper person to be in possession of firearms / airgun if

• Convicted of an offence in NZ or overseas that is punishable by a term of imprisonment
• Has at any time had a temporary protection order made against them
• involved in Family Violence
• Has at any time had a restraining order made against them
• mentally or physically ill / affects safe handling of firearms
• Gang member or associate
• National Security risk

meeting one or more of the considerations alone does, not, alone prescribe that a person is no longer a fit and proper person.

Question 29

Determining a fit and proper person

Answer 29

Police may take into account the persons -
Sound Knowledge of the safe possession and use of firearms
Understands legal obligations of firearms holder

Question 30

S18 - Warrantless Searches Associated with arms

Answer 30

18 Warrantless searches associated with arms
(1)
A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:
(a)
search the person:
(b)
search any thing in the person’s possession or under his or her control (including a vehicle):
(c)
enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d)
seize and detain any arms found:
(e)
seize and detain any licence under the Arms Act 1983 that is found.

(2)

The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—
(a)
he or she is in breach of the Arms Act 1983; or
(b)
he or she, by reason of his or her physical or mental condition (however caused),—
(i)
is incapable of having proper control of the arms; or
(ii)
may kill or cause bodily injury to any person; or
(c)
that, under the Family Violence Act 2018,—
(i)
a protection order or a police safety order is in force against the person; or
(ii)
there are grounds to make an application against him or her for a protection order.
(3)

A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in the place or vehicle—
(a)
in respect of which a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or
(b)
that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.