Chpt 6 - Road Policing Flashcards
Urgent duty driving
Public and staff safety
Must be justified
Key critical points:
Enforcement officers must prioritise safety by driving with high std of care
No duty so urgent puts public/staff at risk
Legally responsible for actions
TENR continually used
Lights and sirens unless tactical approach
Urgent duty driving is when enforcement officer on duty driving above speed limit or natural flow of traffic and may not be complying with certain traffic rules and is:
Responding to critical incident (force or threat or force, risk of serious harm, crime in progress)
Gathering evidence of alleged offence
Apprehending offender/fleeing driver
Engaged in activities approved by COP in writing
And relying on defences under LTRUR and LTA
Factors to consider: Time of incident (is it in progress) Nature and seriousness Proximity of other units to incident Proximity of incident Environment Driver, vehicle classification, passengers Warning devices or tactical approach Vehicle type
Tactical approach
Driving with or without lights/sirens
Adjusting vehicle speed, turning off or not activating lights/sirens
Helpful
Approaching scene of serious crime in progress
Suicidal person
Obtaining evidence of a speeding offence where the offenders driving is not dangerous and the risk of not using the warning devices is judged as low
Can’t be used once fleeing driver incident initiated
Responsibilities
Driver - complies with law and drives in manner that prioritises public and police safety
Enforcement officer who is passenger - advises driver about route, situational factors and risks, operates radio Comms if required
Field supervisor - manages police performance relating to driving behaviour
Identifies and manages h and s risks to staff
Immediately reports policy breaches to superior
Investigates and reports crashes involving police vehicle
Manager - ensures sureplan notified, monitoring h and s obligations, crash files progressed to DRPM and DPPCM for review
Controlling officer is the shift supervisor (constable) at Comms - ensures units are directed to incident as appropriate
Fleeing driver policy
Police pursuing or managing pursuit of fleeing driver must be aware of these key points:
Decision to commence, continue or abandon FDP must be continually assessed TENR
Public and police safety take precedence over apprehension
Resolving as quickly and safely as possible
Inquiry phased preferred over FDP wherever possible
Decisions to abandon fleeing driver incidents will be supported
Overall principles
FD incidents must be managed in safest possible manner
Inquiry phase preferred
FD incidents will only commence/continue when seriousness of offence necessitates immediate apprehension outweigh risk
Fact that driver fleeing does not justify FDP
Decisions to abandon will be supported
Use TENR
FD will be held to account
Inquiry phase Aircraft monitors FD to allow inquiry phase to be initiated Obs on known addresses Registered vehicle address inquiry Speed camera photos Unlawful takes inquiries Reported petrol drive offs CCTV footage area inquiries Sect 118 letter to register owner 28 day impoundment sect 96
Abandon
District reviewer - nominated to DC to review
Field supervisor - lead or secondary vehicle
Fleeing driver - been signalled to stop but doesn’t
Police constabulary passenger - must do Comms, advises driver of risks, may direct to abandon
Lead vehicle -
Lead vehicle driver - initiated pursuit or replacement
- has primary responsibility for deciding whether to pursue and must continually assess TENR, warning lights, sirens activated, police passenger to take over Comms, advise comms, acknowledge warning, update Comms, comply with directions from
Pursuit controller
Pursuit controller - shift commander at Comms, if unavailable constabulary team leader can do role, in exceptional circumstances PE.
Secondary vehicle - follows at safe distance, takes over Comms of lead vehicle is 1up, may direct to be abandoned advise Comms and reason
Signalling driver to stop -
Tactical vehicle s -
TENR- operational assessment tool
Other police vehicles in vicinity or responding as s requested tactical option - must not actively participate, unless preparing for tactical approach, temp road closure, collecting intel, or responding to PC direction, notify PC of location, tactical option and seek permission, cease all non essential Comms, must not follow behind FDP unless directed or approved by PC, must comply with urgent duty driving policy and any direction from PC
Powers in respect of pursuing fleeing drivers
Section 114 LTA 1998
Empowers constable in uniform to signal or request driver to stop vehicle as soon as practicable
Constable in vehicle following another vehicle with lights and sirens activated
The stop is for traffic enforcement purposes
Section 9 S&S Act 2012 Empower constable to stop vehicle without warrant to arrest person if they have RGTS Unlawfully at large or Has committed offence and Beloved person in or on that vehicle
Section 121 S&S Act 2012
Empowers constable to stop vehicle and search
with out warrant if satisfied they are grounds to search vehicle
with warrant is satisfied warrant issued and in force
Section 39 Crimes act 1961 Where any person justified or protected from criminal responsibility in Executing or assisting to execute SW or Making or assisting to make arrest Force used
Land transport (road user) rule 2004 Vehicle being used by constable engaged in urgent duty driving Being used as emergency vehicle
Land transport act 1998
Section 113
Enforcement officers may enforce transport legislation
Local government act Road user charges Government roading powers Railways act Land transport management act LTA Ask for details Inspect/test examine RGTB vehicle cause obstruction Enter/authorise someone else to enter and move Forbid unlicensed driver Enforcement officer in uniform Direct traffic
Section 114
Power to require driver to stop and give name and address etc
In uniform
Signals driver to stop
Sirens lights activated
Stopped for as long as necessary to exercise powers, duties, not longer than 15 mins, get particulars, registered owner of vehicle
May arrest without warrant GCTS failed to comply with this sect, gives false details
Tapara v police - can’t rely on sect 114 purely to stop vehicle and talk to passenger
R v T - not justified in stopping on assuming on drugs must use sect 121 or 9 S&S Act
Johnston v police - officers not in uniform and no lights siren used to stop vehicle
Police v duff - stopped required to give details drove off, chased and arrested. Has to remain for reasonable time will details checked no longer than 15mins.
Section 119 Powers of entry GCTS contravened request under sect 114 EBA Freshly pursuing Without warrant can enter
Page v police - police in pursuit after leaving pub with no lights on followed up driveway - was freshly pursing but police must identify and state power and reason before entering house
Section 120
Arrest of persons for alcohol or drug related offences or assault on enforcement officer
Section 121
Enforcement officer may immobilise vehicle etc in specified circumstances
Section 121A
Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions
Policing act 2008
Section 35
Temporary closing of roads
Constable may temp close road to traffic, any part of road leading to or from or in vicinity of a place of RGTB
Public disorder exists or is imminent
Danger to public exists
Offence punishable 10yrs+ has been committed or discovered at that place
Road - motorway, private road, private way,
Temp - period reasonably necessary
Traffic - all includes pedestrians
