Chpt 2 - Firearms, Taser, Sudden Death, Policing Act 2008, Victims Rights Act 2002 Flashcards
Section 40
On demand by police person in possession of firearm, air gun, pistol or restricted weapon to give name, address and date of birth
Every person in possession of
Shall on demand give details to police person in uniform who produces ID
If refuses/fails to give details or gives false details
May caution
If persists to refuse/fail may arrest without warrant
Offence, conviction not exceeding 3 months or fine $1000 or both
Section 66
Occupier of premises or driver of vehicle deemed to be in possession of firearm, air gun, pistol, imitation firearm, restricted weapon or explosive found therein
Must prove that it was not his property and that it was in the possession of some other person
Hepi v R
SW at home found drugs & firearm no one home at time of search
Occupier
Possession
Police firearms
Who can carry them?
Constables sect 4 PA 2008
Employees specially authorised by commissioner (firearms instructors)
Must hold first aid & Pitt certification
When can firearms be carried?
When their perceived cumulative assessment of a situation is that it is in or likely to escalate to be within death/gbh on TOF
When on duty AOS/STG, crime squad, DPS
When performing airport duties, role of escorts guards for people carrying valuables as authorised by DC
To destroy animals
Pursuant to operational instruction authorised by inspector or above
Training purposes
Must advise supervisor & Comms
Take taser
When firearm drawn/issued from station firearms register Pol 369 must be completed
Must wear ballistic body armour (kept in vehicles carrying firearms)
Glocks carried in authorised police holster. Empty holsters not worn
Use of firearms (F061)
General instruction F061 starts
Section 48 Crimes act
Defending themselves or others
Fear death/GBH
Cannot reasonably protect themselves or others in less violent manner
Section 39 Crimes act
Arresting offender
RGTB offender poses threat of death/gbh in resisting arrest
Cannot reasonably effect in less violent manner
Can’t delay danger to others
Section 40 Crimes Act
Preventing escape
RGTB offender poses threat of death/gbh to any person
Flees to avoid arrest/escapes after arrest
Flight or escape cannot be reasonably be prevented in less violent manner
Destroying animals
Must satisfy conditions:
Been asked to surrender (unless impractical/unsafe)
It is clear they cannot be disarmed or arrested without first being shot
Further delay would be dangerous/impractical
Fire orders
Operationally specific instructions on the circumstances in which police employees may use firearms
Every police employee issued with firearm is personally responsible for knowing when firearms maybe used
Giving fire orders given before all
Operational situation & Training
Warning shots as general rule not fired Except in circumstances where: Extreme caution safety of others Suspect been asked to surrender and not done so It can be clearly aimed as warning shot
Shots at moving vehicle in exceptional circumstances
Take taser
What to do immediately when firearms are discharged
Expect when training or destroying animals
Must complete TOR and senior employee present or person appointed to do so must take the following action immediately (at safest opportunity)
First aid
Mark discharging employees position, mark exhibits
Persevere evidence
Secure firearms and remaining rounds
Advise employees immediate supervisor who will contact DC
Action to be taken if firearms are presented
If present but not discharged complete TOR submit to supervisor. Does not apply to AOS/STG or training
Reporting and investigating unintentional discharges of firearms
Employee accidentally discharges
Firearm malfunctions
Firearm is intentionally discharged but unintended result
Person in charge of operation, scene or training immediately reports discharge to supervisor inspector or above
Employee completes TOR
Supervisor considers suspending & advises DC who may remove suspension
DC advises NM - immediately in case of death/gbh if unintentional within 48hrs
Supervisors responsibility when issuing firearms at stations
Complete pol 369 at time of issue & return
Cleaned & ready for operational use
All firearms/ammo accounted for
No firearm/ammo be retained by employee (unless AOS/STG)
Taser - electronic control devices
Whenever taser deployed by operator against another person, operator must notify supervisor.
Supervisors action after an operational Taser discharge or contact stun
Attend scene, ensure aftercare
Preserve & photograph scene
Recover exhibits - discharged cartridges, wires, probes & CIT
Determine use of taser in accordance with instructions
Ensure operator completes all details in taser register
Ensure operator submits TOR
Uploads incident into evidence.com
Inform taser coordinator- via internal email before going off duty
Supervisors actions after an operational taser presentation, laser painting or arching
Operator completes TOR
Completes taser register
Uploads to evidence.com
Determine use of taser in accordance with instructions
Inform taser coordinator
TORs completed in all instances where taser shown or used except in training or AOS/STG
OC must liaise with district taser coordinator to get disclosure of taser data
Sudden death
Coroners role:
Receive report of death from NZ police decide whether to direct post mortem who should attended (other than pathologist)
Authorise release of body
Decide open an inquiry if one whether inquest
Purpose of a coroners inquiry: Establish that person has died Persons identify When & where person died Circumstances of death Make specified recommendations or comments under this act
Deaths that must be reported:
If occurs in NZ, or on specified aircraft or ships
Death with unknown cause, suicide, unnatural or violent
Where doctors cert not given
Occurred during medical, surgical or dental procedures
Women giving birth
Death in official custody
Reporting deaths to police
A person who finds a body in NZ must report tombs police asap unless police already aware or will be reported. Person outside NZ can report death of person in NZ.
Police reporting of deaths to a duty coroner
Contacting the coroner
Via NIIO National initial investigation office - 24hrs
Investigations by police
Death reported to coroner by police, COP, must cause all investigations to be made:
Necessary to help achieve purpose of act in relation to death or as directed by designated coroner (s17)
Attending a sudden death
Initial procedure
Check for signs of life
CPR medical assistance
If dead call their doctor
Not police responsibility to verify dead
Inform supervisor
If 1C call CIB
freeze, guard, preserve scene
Duly qualified person completes ‘Verification of Death’ declaration or makes written stmt on script pad or notebook that person dead
Duly qualified person to verify life extinct before body removal
Deceased under medical treatment for illness that caused death doctor will generally issue a medical certificate of cause of death (HP4720)
Doctor can only issue certificate of death if no coroners inquiry
If doctor issues HP4720 coroner does not have to be advised - you must advise family.
Determine if death must be reported to coroner
Don’t move body until coroner notified
Complete DED notification
Examining the body and scene
Procedure when examining the body and scene
Consider factors that may cause you to suspect criminal act. If 1C, violent, criminal or you have doubt about cause of death notification my CIB and secure scene
Note position of body, photos
Body condition, medicine bottles, items in immediate vicinity- seize all medicines
Obtain full particulars from witnesses
If not 1C, obtain stmts asap (notebooks not acceptable)
Things to look for when you suspect a criminal act:
Death with no apparent cause
Poisoning, but no known motive for suicide
Body in burned building
Signs of injury inconsistent with accident
Apparent suicide in unusual position
Firearm safety
Are you qualified to deal with it
You are not qualified:
Secure firearm & seek assistance
You are qualified: Assume firearm loaded Finger off trigger, safe direction Empty mag, action, make safe Label firearm, ammo & other exhibits Secure all in appropriate exhibit store
Removing and securing the body
Custody of the body:
Police have custody of body until reported to coroner
Coroner than has custody until authorises release
Under coroners act direction given to remove body to mortuary (s20)
If death not 1C, family make arrangements for body to be taken to funeral home. Only if doctor located & issued certificate as to cause and it’s not s coroners matter. If doctor can’t be located don’t leave body with family contact coroner for guidance.
If immediate family does not allow body or evidence to be removed you have power to:
Remove body with warrant
Seize evidence without warrant - within 5 days must advised owner/occupier items seized (s131).
Must exhaust all other means before exercising this power.
Apply to DCJ for warrant to remove body of coroner given directions to remove (s20), RGTB body being held in place contrary to directions, you’ve used all other negotiation means.
When executing warrant may use force if necessary to enter the place & search for & remove body or prevent its removal (s129)
Advising immediate family of death & significant matters
Police responsibility to inform immediate family of death
Coroner advises re post mortem
Deaths of prisoners
In police custody
Immediately freeze scene & ensure evidence including charge sheet preserved
Advise supervisor who will notify CIB, establish nature of inquiry, initiate inquiry, DC advised
DC informs NM
Policing act 2008
Section 32
Identifying particulars of person in custody
Purpose to obtain information that may be used in future by police for any lawful purpose
Person in lawful custody if detained for committing offence & is at Police station or any other place being used for police purposes
Constable may take persons identifying particulars
May use reasonable force
Person after being cautioned, fails to comply
Commits offence & liable conviction not exceeding 6 months, fine $5k or both
Identifying particulars means:
Persons biographical details (name, address, DOB)
Photograph or visual image
Fingerprints, palm, footprints
Place means:
Land, building, premises or vehicle
Policing act 2008
Section 33
Identifying particulars for summons
Same purpose as sect 32
GCTS person committed offence & intends to bring proceedings against person by way of summons may detain person at any place in order to take identifying particulars and only for period necessary to take particulars
Take in manner reasonable
Use force if necessary
If fails commits offence not exceeding 6months, fine $5k or both
Section 36
Care and protection of intoxicated people
Constable finds person intoxicated in public place, trespassing on private property - may detain & take into custody if RB person:
Incapable of protecting themselves from physical harm
Likely to cause physical harm to another person
Likely to cause significant damage to any property
Not practical to take home or temp shelter
Person detained under this subsection must be released as soon as sober - not longer than 12hours
Health practitioner must not recommend further detention unless above applies.
Intoxicated means - observably affected by alcohol, other drugs or substances to such a degree that speech, balance, coordination or behaviour is clearly impaired.
Temp shelter means - place other than place operated by police that is capable of providing care & protection of intoxicated person
Sect 31 Crimes act 1961 applies in respect of power to detain & take into custody under this section as if power were power of arrest
Victims rights act 2002
Section 4
Interpretation
Immediate family - in relation to victim
Member of victims family, whanau, other cultural group, close relationship at time of offence
Incapable - in relation to a person
Lacks, wholly or partly the capacity to understand nature & foresee consequences of decisions relating to personal care & welfare, can’t communicate
Victim - whom offence committed against
Suffered physical injury, loss/damage to property
Parent or legal guardian of child unless offender
Section 7
Treatment
Any person who deals win victim should treat victim with courtesy & compassion and respect victims dignity & privacy
Section 8
Access to services
Victim or member of victims family who has welfare, health, counselling, medical or legal needs arising from offence should have access to services that are responsive to those needs
Section 11
Information about programmes, remedies & services
As soon as victim comes into contact with agency must be given info
Agency - ACC, DHB, DOC, MOJ, MSD, NZP
Section 12
Information about proceedings
Victim must as soon as practicable be give information by investigating authorities, court staff, prosecutor about :
Progress of investigation
Charges laid & reasons - changes to charges
Victims role as witness
Order for suppression
Date & place of events
Outcome of prosecution
Victim impact statements
Section 17AA
Victim impact statement defined
Information that is ascertained under section 17 from victim, person under section 20 treated as victim
Is to be submitted under sect 21AA sentence indication
Section 17AB
Purpose of victim impact statements
Enable victim to provide information to court about effects of offending and
Assist court in understanding victims views about offending and inform offender about impact of offending
Section 17
Information to be ascertained from victim
Prosecutor must make all reasonable efforts to ensure info about matters ascertained
Child included in vis
Any updates to vis added at bottom to give entire story
Statements should not be more than 28 days old at time offender sentenced
Vis can now included photos, diagrams can be presented in electronic recording or written not just reading in court.
Section 18
Procedure before ascertaining information from victim
Prosecutor makes all reasonable efforts to ensure before information is ascertained from victim under sect 17 that the victim informed:
Info being ascertained for vis
Info must be true
Info must be recorded & maybe verified
Victim informed who may see, make copies of vis
Victim views of prosecutor applies for orders
Section 29
Specified offence defined
Offence of sexual nature Part 7 Crimes act Offence of serious assault Resulted in serious injury, death Ongoing fears on RG for physical safety, security and that of family members
Anything sexual, violent, recordings - excludes animal acts
Victims who may go on the victim notification register - up to victim if wishes to register
Pol 1065 victim notified of bail, release, escape
Enter into nia watch house staff to be aware of pol 1065
Once registered victim can expect to be notified about events
Temp release or escape
Absconding
Impending release
Convictions for breaching
Recalls
Pending parole hearings
Parole outcomes
Deportation hearings
Claim opportunities
Section 30
Victims views about release on bail of accused or offender
Victim of specified offence
Offender applies to court for release on bail
Prosecutor must make all reasonable efforts to ascertain views of victim
Inform court of those views
Section 31
Police to give victims of specified offences information about right to ask for notice and to appoint representative
Victim of specified offence
COP to inform
Section 40
Representatives for notice
Victim can appoint representative to receive information on their behalf
Section 49
Complaints
Victim entitled to right but not accorded may complain to
Person under relevant specified provisions
Ombudsman
IPCA
Privacy commissioner
Section 51
Return of property held as evidence
Return evidential property as soon as practicable unless not wanted
Section 29A
Commissioner of Police to determine whether an offence affecting the victim is a specified offence
ASAP after victim comes into contact with police
