Comms/Ethics Flashcards
Police discretion
Where you can use your own individual judgement to decide the best lawful course of action
Reasons for police discretion (CULL)
C – Community does not always want the law enforced
U – Uphold the spirit rather than the letter of the law
L – Law breaker’s intent is not always deliberate/malicious/evil
L – Laws cannot cover every situation and still remain workable
Sources of discretion
Common Law (Original Authority)
Lepra
The rule of law
Dealing with conflicts of interest (IARMM)
Identify - the conflict
Avoid - the conflict
Report - the conflict to supervisor
Manage - the conflict
Monitor any changes
Three Conflicts of interest
- ACTUAL – Where the conflict exists between your official duties or responsibilities
and your private interests. - PERCEIVED – Where others may interpret your private interests as improperly
interfering with, or influencing, the performance of your official duties or
responsibilities, whether or not this is in fact the case. - POTENTIAL – Where your private interests could interfere with or influence your
official duties or responsibilities in the future. You could say there is no conflict of
interest right now, but if it’s not managed, it has the potential to become one e.g. a
local take away shop gives police officers 1⁄2 price meals
Empathy
It is an understanding of another person’s point of view
Total empathy is IMPOSSIBLE to achieve
Three kinds of Empathy
- EMOTIONAL – connecting with someone
- COGNITIVE – Aware of how the other person feels/thinks. Helps to negotiate,
motivate others to understand each other - COMPASSIONATE – Understand the other person’s situation
Procedural Justice
Procedural justice is linked to public judgements about the fairness of the process through which police make decisions and exercise authority
It comprises of four key components (N.R.T.V)
Neutrality -
Police making decisions based on relevant facts and legal rules rather than
opinion and biases
Respect -
Dignified and respectful treatment of citizens during police interaction
Trustworthiness -
Show they act on behalf of the best interests of the people
Voice -
Providing citizens with the option to express their own point of view
2 Types of corruption
Noble Cause Corruption –Unlawful conduct/ actions done without any thought of
personal gain (doing the wrong thing for the right reason)
EXAMPLE: planting evidence at a known offender’s home to have them locked up in
order to have them taken off the streets.
Process Corruption – Actions being done for some form of personal gain/ advantage
EXAMPLE: planting evidence at a crime scene to have someone locked up as
revenge. Gain money.
What is a Stereotype and Prejudice
Stereotype -Is a preconceived notion, especially about a group of people. Many stereotypes are
racist, sexist, or homophobic. A stereotype may be negative, neutral or even positive
e.g. all Canadians are friendly.
Prejudice -Is a preconceived opinion that is not based on reason or actual experience. It is
ALWAYS bad.
What is social inequality
Social inequality is where one individual group or community has access to a wider range of opportunities or potential outcomes within society and another.
LCAN
Location
Condition
Action
Needs
Supporting the victim/witness
-Establish rapport with the victim
-Ask them to tell you what happened before you write anything in your notebook
-Listen for the underlying need in their message
-Listen to what the victim is saying. Look directly at them. Use your active listening skills
-Where possible sit at the same level as the victim
Dealing with difficult customers
- Always remain calm, polite, and professional
- Listen to and acknowledge customer enquiries
- Tell the customer when no further action can be taken and why
Key actions when taking telephone calls
- Ensure victims receive an event number, where appropriate
- Ensure messages are followed up
- Use interpreter services and the TTY (text telephone) number, where
appropriate - Try to resolve the customer’s matter at the first point of contact
Conflict management strategies (ASSCA)
Ask -
Ask the person to comply with your request
Set context -
Explain why they need to comply
Set options -
Give options and some sense of control. Determine what is important to the person and what they can lose in this situation. Use this to negotiate compliance.
Confirm -
Action to be taken and give a final chance to comply
Action-
Take the appropriate action
Conflict Communication Strategies
Goal blockage removal
- identify what the person wants
- find out what is blocking their goal
- determine if you can lawfully and safely remove the blockage
- determine if it is within your authority to remove the blockage
Negotiated solution (if goal blockage not an option)
- explain why the person’s goal cannot be achieved
- Give the person two options for going forward: the ‘easy’ way (i.e. they cooperate and get a lesser or no sanction) and the ‘hard’ way (i.e. they don’t cooperate and get a heavier sanction)
- Police react to the person’s choice
Barriers to Verbal Communication (LICE)
- Language barriers
- Inclusion barriers
- Cultural barriers
- Environmental Barriers
Barriers to active listening (PALLMRH)
Perception
Attitudes and beliefs
Lack of interest or motivation
Lack of mutuality – in conversation turn-taking
Mind being elsewhere
Relationships
History of interacting
What is CALD
Cultural & Linguistically Diverse
CALD Communication
-Don’t shout
-Be direct
-Give any instructions in a clear, logical sequence + use relevant vocabulary
-If you don’t understand something, ASK!
-Use any form of communication you can
-Be culturally aware
-Make sure you are understood
-Avoid jokes which leave out the client
SELF test
Scrutiny – Would your decision withstand scrutiny by the community and the
NSWPF?
Ethical – Is your decision ethical and consistent with the Statement of Values, Oath
of Office and Code of Conduct and Ethics?
Lawful – Does your decision comply with all laws, regulations and policies?
Fair – Is your decision fair to your colleagues, community and family?
Misconduct 211F
A police officer must report misconduct or maladministration of another police officer in
1. writing to another police officer who is of the 2. rank of sergeant or above and is
3. more senior in rank than the police officer with a duty to report.
When interacting with CALD People consider
Use of body posture
Use of facial expressions
Use of space
Use of hand gestures to calm a person who is distressed.
Stepping back to allow a person to calm down.
4 Key actions of customer service guidelines
- Ensure victims receive an event number and a victim’s card
- Ensure victim follow-up within seven days
- Ensure that when matters become cases, you continue to keep the victims and witnesses
informed of developments during the investigation and in the lead-up to the court date (at least every 28 days). - Comply with the Charter of Victim’s rights
Attending Skills (SEP)
Show that you are listening
Eye Contact
Personal space
Active listening skills (PPDR)
Pay attention
Provide feedback
Defer Judgement
Respond Appropriately
18 Points from s6 Charter of human rights (Try remember some)
- Courtesy, Compassion and respect
- Information about services and remedies
- Access to services
- Information about investigation of the crime
- Information about prosecution of accused
- Information about trial process and role as witness
- Protection from contact with accused
- Protection of identity of victim
- Attendance at preliminary hearings
- Return of property of victim held by State
- Protection from accused
- Information about special bail conditions
- Information about outcome of bail application
- Victim impact statement
- Information about impending release, escape or eligibility for absence from custody
- Submissions on parole and eligibility for absence from custody of serious offenders
- Compensation for victims of personal violence
- Information about complaint procedure where Charter is breached
What is the legal definition of a victim, and where is this definition found?
Victims Rights and Support Act 2013 s5 defines a victim of crime as:
a person who suffers harm as a direct result of an act committed by another person in the course of a criminal offence
if the person dies as a result of the act concerned, their immediate family are also considered victims of crime
For the purposes of this definition ‘harm’ includes:
- actual physical bodily harm
- psychological and psychiatric harm
- the taking, destruction or damage to a person’s property
Appropriate discretion (HABIT)
- Has consistency
- Applied in good faith
- Based on rationality
- Ignores irrelevant facts
- Takes account of relevant facts
What causes a conflict
Goal+Blockage=Conflict
Four types of listening (MEAN)
Marginal Listening-
Refers to when the listener chooses to hear only some things
Evaluative listening-
When the listener hears the context but doesn’t understand
Active Listening-
When the listener registers all verbal and non-verbal indicators
Non-Listening-
When the speaker is completely ignored
Front counter enquires
Ensure victims receive an event number and a victim’s card
Use interpreter or disability services, where appropriate
Ensure initial victim follow-up occurs within seven days and that all ongoing follow-up complies
with the Charter of Victim’s Rights
Try to resolve the customer’s matter at the first point of contact. Greet the customer at the
counter in a professional and courteous manner
Make them feel welcome at your workplace. Introduce yourself and put them at ease
Use a personal approach and treat the customer as you would expect to be treated yourself
Your responsibility is to serve and protect. That should be reflected in your tone and manner
People with a disability may have difficulty with access or communication, so be flexible
to their needs
