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Taser Policing act > CPK > Flashcards

CPK Flashcards

1
Q

Clan lab - unplanned entry you should not do the following

A

touch, handle, move, sniff, disconnect, dactivate or operate anything

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2
Q

Clan lab - unplanned entry police should

A

immediately alert all personnel
Remove persons of interest from address
Isolate the site and perimeter
preserve scene
notify duty inspector
contact NCLRT and fire
Seek advice from above
seperate those at address until decontamination
seek medical advice

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3
Q

clan lab unplanned entry aim

A

the aim is to convert an unplanned entry into a planned response and investigation

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4
Q

S&S - Sect 19 Search of persons in relation to MODs - do you need permission from a sgt?

A

unless impractical - you need to obtain approval from a sgt or above

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5
Q

S&S - Sec 19 - warrantless search of people at a warrant issued under section 6

A

may search any person found in or on a place or vehicle

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6
Q

S&S sec 19 - three conditions to search are:

A
  1. a SW under sec 6 must be issued
  2. Warrant is being execute by a Constable
  3. person is found in place specified in warrant
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7
Q

S&S Sec 20 - Warrantless drug search - place and vehicle

A

RGTB that:
1. its not practicable to obtain a warrant and that in or on a place or vehicle is:
2. a controlled drug specified or described in schedule 1, 2 and 3
3. a precursor substance specified in part 3 of schedule 4 and
4. to suspect that in or on the place or vehicle an offence against the MODA has been, is being or will be committed and
5.to believe if entry is not carried out immediately - evidential material will be CADD

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8
Q

S&S Sec 21 - Warrantless search of people found in or on places or vehicles

A

Constable may search any person found in or on the place or vehicle under sec 20.

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9
Q

S&S Sec 22 - Warrantless search of a person

A

RGTB the person is in possession of;
1.Controlled drug schedule 1
2.Controlled drug Part 1 Sch 2
3.Controlled drug part 1 Sch 3
4.A precursor substance part 3 Sch 4 and,
5. suspect offence against MODA is, about to be committed

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10
Q

S&S Sec 23 - internal search Sec 6, 7 or 11 MODA

A

Examination of any part of the persons bodys conducted by a medical doc by means of;
1. an xray
2. Manual or visual exam through any orifice

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11
Q

S&S Sec 23 - Internal Search - circumstances requiring internal search

A

Arrested for an offence against section,
1. 6 - controlled drugs
2. 7 - Possession of Controlled drugs
3. 11 - Theft of controlled drugs and
Constable has RGTB drugs have been secreted within their body

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12
Q

Who may conduct an internal search sec 23?

A

Medical Doctor (suspect must consent to search)

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13
Q

Hill v Attorney General 1990 - RTGB sec 20`

A

Specific power to search for drugs in the 1st schedule, part 1 of the 2nd and 3rd schedule and precursers

RGTB a controlled drug (from above) is in the house or vehicle in which an offence against the act has been or is being committed AND

There are RGTB the drug involved is one of those specified

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14
Q

Collins v Police 2007 - RGTB drugs in vehicle from demeanour and appearance

A

Demeanour and appearance alone is unlikely to justify RGTB for a warrantless search power

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15
Q

R v T 1996 Internal search - item in mouth

A

Items seen concealed in the mouth of an offender does not constitute an internal search under Sec 124 S7S

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16
Q

R v Roulston 1998 - internal search - strip searched - puts item in mouth to swallow

A

If offender attempts to swallow package - police can use reasonable force to prevent it

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17
Q

Snellar v Police 2007 - Obstruction - internal search

A

offender entitled to decline an internal search

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18
Q

Mental Health Act 1992 - Mental Disorder interpretation

A

An abnormal state of mind, characterised by delusions or by disorders of mood or perception or volition or congnition that they,

  1. poses a serious danger to the health or safety of that person or others,
  2. seriously diminishes the capacity of that person to take care of themselves and
  3. mentally disordered, in relation to any such person has a corresponding meaning
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19
Q

Sec 38 MHA 1992 - assistance when person may need assessment

A

May request assistance from duly authorised officer to assess person and
1. investigate that the concern is genuine and
2. RGTB the person is suffering from a mental disorder and
3. decide if they need an examination

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20
Q

Sec 38 MHA 1992 - Assistance when person may need assessment - what must the DAO do if person needs examination?

A
  1. Arrange a mental health practitioner to examine person to issue a certificate under Sec 8B(4)(b)
  2. Assist someone to apply for assessment
  3. Arrange for an assessment under Sec 9
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21
Q

Sec 38 MHA 1992 - Certificates issued under 8B - how many hours

A

72 hours

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22
Q

Sec 41 MHA 1992 - Police assistance

A

a DAO may call a constable to assist in executing an examination

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23
Q

Sec 41 MHA 1992 - Police duties when assisting DAO - Subsection (2) -

A
  1. May enter house and
  2. Must produce his or her badge or other evidence that they are a constable
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24
Q

How long can a Constable detain a person under Sec 41 MHA 1992 - assisting a DAO to perform an examination

A

the shorter of 6 hours and,
the time it takes to conduct the examination

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25
Under Sec 41 MHA 1992 - a constable who enters a house to assist a DAO carry out an assessment may ?
1. Take the person to a place to have an examination and 2. detain the person at the place for the shorter of 6 hours and the time it takes to conduct the examination
26
Sec 41 MHA1992 - sub sec 2 - do you need a warrant to enter the address to detain a person for an assessment?
Yes - if it is reasonably practicable to obtain a warrant.
27
Sec 109 MHA 1992 - Police powers for person appearing to be mentally ill in public place
RGTB person is mentally affected and in the interests of hte person or public - 1. take that person to a police station, hospital or surgery and 2.arrange for a mental health practitioner to examine the person asap
28
If a mental health practitioner determines a person requires an urgent examination they must
1. issue a certificate under 8B(4)(b) 2. Make an application under Sec 8A
29
Detention under Sec 109 MHA 1992 may last no longer than the following:
6 hours or the time it takes to complete the assessment
30
110c MHA 1992 - Constable who enters an address may at the request if the mental health practitioner
1. Detain person to a place where they are or 2. take person to a proposed place nominated by the health person
31
MHA 1992 - detention times under section 2 may last for no longer than?
6 hours or the time it takes to complete the examination, which ever is shorter
32
Sec 122B - MHA 1992 - Use of force
Person exercising a power in an emergency may use such force as is necessary in the circumstances
33
Use of force powers under MHA 1992 are
The power to: 1. Take or retake a person 2. To detain a person 3. to enter premises
34
Force to be used is
As much force as necessary
35
MHA 1992 - If force is used - you must
1. Record circumstances leading to force used 2. A copy to be given to director of area mental health services asap
36
Mental disorder and mental distress
Mental disorder has a legal definition, disorder does not
37
Four phase mental health response
1. clarify police role and responsibilities 2. ensure police works within is statutory functions 3. people receive a health response not a justice response
38
Police will only be involved in MH if?
1. An immediate serious risk to life or safety or 2. a criminal offence or activity that meets police threshold for attendance
39
what percentage did MH record for police call outs
11% with less than 5% had an offence
40
Mental disorders can be enhanced by?
Physical condition, mental distress, intellectual disability, injury or illness or a mental disorder
41
Mental disorder define as?
an abnormal state of mind, charachterised by delusionsm disorders of mood or perception or volition or cognition of such a degree it poses a serious danger and seriously diminished capacity to look after themselves
42
when should police share photos of a person and their injuries for MH
When its needed to support a MH assessment
43
MH Behavioural descriptors police should use
1. imminent risk of physical harm 2. delusions 3.hallucinations 4. Disordered thought Disturbance of: 5. Orientation, memory and perception 6. impulsivity or recklessness 7.extreme emotion 8.perception of being a burden, isolation or hopelessness
44
Other Causes of MH distress
1. alcohol and drug use 2. physical disability or impairment 3. neurological impairment 4. development issues, spectrum disorders 5.medical conditions
45
Two principal acts that govern police interactions for MH?
1. MH act 1992 2. Criminal procedure Act 2003
46
Mental disorder does not include
Political, religious or cultural beliefs sexual preferences criminal behaviour substance abuse or addiction intellectual disability
47
Role of the DAO
Investigate and decide if a person needs a medical examination and how urgent this is required
48
Police require two warrants to assist a DAO which allow them to?
1. a warrant to take the patient and 2. a warrant to enter premises - constable to apply for.
49
Section 30, 31 and 34 CA1961
Sec 30 - protects police from criminal responsibility for wrongful arrest if they believe the person to be the one named in the warrant Sec 31 - Power of arrest without warrant Sec 34 - Powers to assist a constable in an arrest
50
Direction to use force from a DAO only if:
It is justified and the DAO gives police clear instructions to do so and the person would likely suffer harm to themselves or others if force is not applied and the force used must be necessary and proportionate with the circumstances
51
Section 8 S&S allows police to
Enter a private premises to search for and arrest a person without a warrant - must have RGTB person will avoid arrest and will CADD evidence
52
section 7 S&S Police may
Enter a place or vehicle to without a warrant to search for and arrest a person on RGTB the person is unlawfully at large and RGTB they are in that place or vehicle
53
Section 3 S&S defines a person who is
unlawfully at large to include a patient who has escaped or failed to return from leave
54
Section 14 S&S allows police to
Enter a private property or vehicle without a warrant if it suspects a risk to life or safety requires an emergency response. also allows entry if RGTS that entry will stop or prevent an offence being committed that might injure or damage or cause serious loss of property
55
Section 41 CA1961 - prevent suicide
May use force to prevent suicide or the commission of an offence that would likely cause immediate and serious injury to anyone or serious damage to property.
56
A Constable may order the closing of a licensed premise which cant be more than
24 hours - the manager can approached a judge or 2 or more JPs to have the order revoked
57
If a manger continues to trade alcohol they commit an offence and may receive a
10k fine and lose there licence for up to 7days
58
A constable entering a licensed premise may request what?
licence, book, notice or record, list, or other document required by the act to be kept and examine copies of it and require manager to provide any information within their duties
59
alcohol ban area police can search what
without a warrant police can search a container in the possession of a person in a restricted place (ban area), a vehicle, seize and remove any alcohol, arrest any person who commits an offence and arrest any person who refuses to comply
60
Before searching in an alcohol ban area a cop must do what
inform person in possession of such they have an opportunity of removing container or vehicle from the public place and provide them with opportunity to do so
61
What act allows bylaws like alcohol bans
Local Government Act 2002
62
Police enforcement for alcohol bans is to
prevent alcohol related harm and antisocial behaviour
63
what must you prove for a breach of alcohol ban
the identity of the offenders,
64
whats the fine for breaching alcohol ban
$250 fine
65
To enlist an alcohol ban the territory authority must
specify the public place by public notice given 14 days in advance and use clearly legible notices affixed in conspicuous places
66
For a search to be lawful you must
exercise a warrantless power exercise a warrant power search by consent
67
S&S - searches that dont require a commissioner notification are
Power of entry in relation to section 14 - prevent loss of life or offence being committed a search undertaken by consent
68
S&S section 8 does not allow you to search for
evidential material only a person and prevent loss of evidential material
69
section 14 carries not power of
detention
70
warrantless powers notification and reporting
1. obtain approval from sgt and above 2. provide written notice to person present and inventory of seized items 3. record your decision making in notebook 4. record use on On Duty 5. complete a notification where necessary
71
Sec 117 gives you how many hours to secure an address
6 hours, until a warrant is issued or a warrant refused
72
What is risk to the department
any potential future uncertain event that may affect the achievement of our objectives
73
The executive leadership team are responsible for governing Police
strategic risks
74
The national operations steering group are responsible for oversight of
operational risks and application of TENR
75
what are the four types of risk for organisation
1. strategic 2. organisational 3. operational 4. portfolio
76
Police use a three line model for risk management and governance
1. we are all the first line 2. Our people in Districts, service centres and PNHQ 3. The Assurance Group
77
The risk management process - 5 steps
1. establish context 2. identify risk 3. analyse risk impact 4. evaluate risk 5 take action
78
Risk management - 2 ongoing processes are
1. communicate and consult 2. monitor and review
79
3 reasons why police need to know about health and safety
1. Legal - its the law 2. Ethical - its the right thing to do 3. Our Business - good business
80
H & S - Protecting workers by Eliminating
or minimising risk arising from work
81
Police have a primary duty
of care to its employees
82
H & S - Everyone who works for the Police is considered a
worker
83
H & S Work environment includes the physical and
psychological work environment
84
H & S - As a leader your role is to support the
safe and healthy work practices of your team
85
H & S - Key cycle to manage hazards
Plan - Assess risk and identify control measures Do - implement control measures Check - monitor performance Act - Take action on lessons learnt
86
H & S - Notifiable events that arise from work are:
Death of a person notifiable Injury or illness Notifiable Incident
87
What are the seven critical risks id by Police
1. Pschylogical harm 2. driving 3. Motivated offenders 4. Custody 5. Roadside ops 6. Hazardous exposure 7. Contractors and 3rd parties
88
Attorney General v Reid - arrest for anticipated breach of the peace
False arrest from waitangi day protests - There is no power to arrest for an anticipated breach of the peace
89
BOR - Sec 8 no one shall be deprived of
life
90
BOR - Sec 9 - Right not to be subjected to torture or cruel treatment
Cant torture people
91
BOR - Sec 13 - Freedom of thought, conscience and
religion
92
BOR - Sec 14 - Freedom of expression
including freedom to seek, impart information and opinions of any kind
93
BOR - Sec 16 - everyone has the right to freedom of peaceful
assembly
94
BOR Sec 17 - everyone has the right to freedom of
association
95
BOR - Sec 18 - freedom of movement
a
96
BOR - Sec 19 - freedom from discrimination
97
BOR - Sec 21 - right to be secure against
unreasonable search or seizure
98
BOR - Sec 22 - everyone has the right not to be arbitrarily arrested or detained
g
99
BOR - Sec 23 - Rights of persons arrested or detained
1. informed of reason for arrest 2. lawyer 3. validity of arrest by habeas corpus and released if unlawful
100
BOR - Sec 23(2) - everyone who is arrested has the right to be charged promptly
or to be released
101
BOR - Sec 23(4) - Everyone who is arrested or detained under any enactment for any offence
shall be treated with humanity and respect
101
BOR - Sec 23(3) - Everyone who is arrested for an offence and is not released shall
be brought ASAP before a court
101
NZBORA - is primarily intended to affirm
protect and promote human rights and freedom
102
BOR provide - protection against the power of government agencies,
minimum standards for public decision making and protection for human rights and basic freedoms
103
BOR - Sec 14 - everyone has the right to freedom of expression
104
For a peaceful assembly to become non peaceful a serious
and aggressive effect on people or property is required
105
Assemblies must be peaceful with two or more people with a common goal
to be protected by Sec 16 BORA
106
The legal test for disorderly and offensive behaviour and BOP - police should consider
1. does the behaviour express a view on a matter of public interest 2. does the behaviour intrude on the rights of others in a public space
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Taser Policing act (1 decks)

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