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SGT's CPK > CPK > Flashcards

CPK Flashcards

1
Q

What are the obligations in S.40 Arms Act on any person in possession of a firearm, airgun, pistol, or restricted weapon?

A

Shall, on demand, give his full name, address and date of birth to any member of police who is in uniform or who produces ID

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2
Q

What are police powers if any person fails to comply with the obligations under S.40 Arms Act?

A

May caution that person and if that person continues with failure or refusal, or gives false particulars, may arrest without warrant

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3
Q

What is the penalty for non-compliance with S.40 Arms Act?

A

3 Months or $1000 or both

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4
Q

What is the essence of S.66 Arms Act?

A

Occupier of land/building, or driver of vehicle, where firearms are found are deemed to be in possession of that firearm unless proved that not his property but the property of another

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5
Q

If apprehend a driver with a firearm in their vehicle, what is effect of S.66 Arms Act?

A

Driver deemed to be in possession of that firearm, unless he proves that it’s not his and it belongs to someone else

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6
Q

What were the grounds for quashing convictions in Hepi v R?

A

The presumption of possession can be rebutted by the defence proving, on the balance of probabilities, that the arms/ammunition was in the possession of someone else, and not the offenders.

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7
Q

Who may possess or carry police issued firearms?

A

Constables (as defined by S.4 policing Act 2008) and employees authorised to do so by the commissioner

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8
Q

What certifications are required for constables to carry firearms?

A

NZ Police First Aid certification and PITT certification for the firearm deployed

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9
Q

What risk assessment on the Tactical Options Framework justifies the carriage of firearms?

A

When the perceived cumulative threat assessment of a situation is that it is in, or likely to escalate to be within, the death/GBH range

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10
Q

Describe the six situations where firearms may be carried by a constable

A

1 When the perceived cumulative threat assessment of a situation is that it is in, or likely to escalate to be within, the death/GBH range
2 When on duty as:
AOS or STG
District Crime Squad
DPS
3 When performing:
Airport duties that are ‘security designated’
Guard/Escorts for valuables as authorised by District Commander
4 To destroy animals as per Stock at Large
5 Pursuant to operational instruction by Police Inspector or above
6 Training

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11
Q

If a constable decides to carry a firearm, who must he advise?

A

Immediate Supervisor AND Police Comms unless impracticable. In those cases, must advise at first reasonable opportunity

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12
Q

What other tactical option should be taken together with a firearm?

A

A Taser, if available

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13
Q

What key actions must be taken prior to deploying with firearms and after deployment?

A

Firearms register (POL369) must be completed at time of issue and return

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14
Q

When must ballistic body armour be worn?

A

MUST be worn when deploying to an incident where they believe firearms are present or could be present

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15
Q

Where must ballistic body armour be kept?

A

In patrol vehicles carrying police firearms and otherwise stored where firearms are kept for issue at stations

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16
Q

What are the only four purposes for which a police firearm may be used?

A

1 To defend themselves or others (S.48)
2 Arresting an offender (S.39)
3 Preventing escape (S.40)
4 Destroying animals

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17
Q

What three conditions must be satisfied before firing a police firearm at an offender?

A

1 They have first been asked to surrender (unless impractical and unsafe to do so)
2 It is clear they cannot be disarmed or arrested without first being shot
3 Further delay in apprehending the offender would be dangerous or impractical

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18
Q

What Act and Section describes Excess of Force?

A

S.62 Crimes Act 1961

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19
Q

State S.62 Crimes Act 1961

A

Everyone authorised to use force is criminally responsible for any excess, according to the nature and quality of that act that constitutes the excess

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20
Q

What is F061?

A

Fire Orders that are operationally specific instructions on the circumstances in which police employees may use firearms

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21
Q

What are the three sections of F061?

A

1 Minimum force to be used by police (S.62)
2 When can firearms be used? (S’s 48, 39 and 40)
3 Conditions to be satisfied before firing

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22
Q

What section of the Crimes Act deals with FORCE USED IN EXECUTING PROCESS OR ARREST?

A

s. 39

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23
Q

What is the essence of S.39 Crimes Act?

A

Where any person is justified in executing process or arrest, they are justified in using such force as is necessary to overcome resistance unless the process or arrest can be executed in a less violent manner. Only constable (or person assisting) may use force intended/likely to cause death/GBH

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24
Q

What section of the Crimes Act deals with PREVENTING ESCAPE OR RESCUE?

A

S.40

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25
Q

What is the essence of S.40 Crimes Act 1961?

A

Any person, with authority to arrest someone can use such force as may be necessary to prevent the escape of that other person or to prevent their rescue, unless that escape or rescue can be prevented by reasonable means in a less violent manner (Similar for prison escape)

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26
Q

What section of the Crimes Act deals with PREVENTION OF SUICIDE?

A

S.41

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27
Q

What is the essence of S.41 Crimes Act?

A

Everyone is justified in using such force is necessary to prevent the commission of suicide or any offence which likely to cause immediate and serious injury to the person or property of anyone, or any offence which, if committed, would amount to suicide

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28
Q

What section of the Crimes Act deals with SELF DEFENCE AND DEFENCE OF ANOTHER

A

S.48

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29
Q

What are the provisions of S.48 Crimes Act

A

Everyone is justified in using, in the defence of himself or another, such force as, in the circumstances as he believes them to be, it is reasonable to use

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30
Q

Which section of the Crimes Act 1961 states: EVERYONE AUTORISED BY LAW TO USE FORCE IS CRIMINALLY RESPONSIBLE FOR ANY EXCESS, ACCORDING TO THE NATURE AND QUALITY OF THE ACT THAT CONSTITUTES THE EXCESS?

A

S.62

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31
Q

What’s the rule of thumb for the decision to use force?

A

Any force used must be the minimum necessary to achieve the objective, and reasonable under the circumstances

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32
Q

When deciding to fire at an offender, a constable does two things. What are they?

A

1 Takes their own observations into account

2 May also consider information from other people

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33
Q

What condition is required for a constable to claim self-defence when they open fire on an offender, and under what section?

A

Need to have reasonable cause to fear death or GBH to themselves or another person and could not otherise protect themselves or that person. S.48

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34
Q

What 5 actions are required when a constable has discharged a firearm?

A

1 If necessary, render first aid when safe to do so and contact emergency medical services
2 Mark the discharging employee’s position, empty cartridge case(s), bullet fragments, injured or deceased people, and any other items/people associated with the discharge
3 Preserve the cartridge case and, where possible, the bullet or bullet fragments
4 Secure the firearm and remaining rounds (NOT TO BE ALTERED AT ALL. MUST BE SECURED IN STATE IT WAS AT FIRING)
5 Advise immediate supervisor who will promptly advise District Commander..OR if discahrge unintentional, follow procedure for reporting and investigating UD’s

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35
Q

Does a UD require a tactical options report?

A

Yes

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36
Q

Does the District Commander need to be advised of a UD?

A

Yes, but by the supervisor

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37
Q

What is a UD?

A

1 Accidentally discharge of a firearm
2 Firearm malfunction causing discharge
3 Intentional discharge but unintentional result (eg training accident)

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38
Q

If a firearm is presented at a person but not discharged must a tactical options report be submitted?

A

Yes, apart from AOS/STG on ops, and in training

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39
Q

What four things is a supervisor responsible checking for when firearms are issued?

A

1 Check completion of firearms register (POL369) on issue and return
2 Check returned firearms are clean and are safe for immediate operational use
3 Check all firearms and ammunition are accounted for
4 Check no firearm or related equipment has been unnecessarily retained by anyone

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40
Q

Regarding TASER operation, when must a supervisor be notified?

A

As soon as practicable whenever a TASER is deployed

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41
Q

What 8 actions are required by a supervisor after an operational taser discharge or contact stun?

A

1 Attend scene asap, ensure proper aftercare and medical attention. In rural areas, nearest on duty supervisor must consult as to whether attendance required
2 Preserve and photograph scene weher believed this may be necessary or relevant for further enquiries
3 Ensure all evidence included discharged cartridges, wires, probes, and sufficient cartridge identification tags are recovered and secured
4 Determine whether Taser us was in accordance with instructions
5 Ensure operator completes details of all discharge and contact stun in the Taser register
6 Ensure operator, or individuals involved submit tactical options report
7 Ensure operator uploads incident into the Evidence.Com via Evidence Sync and categorises the data including the tactical options report and event detail for cross referencing
8 Inform district Taser co-ordinator outlining details of incident by internal email prior to going off duty

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42
Q

How many cartridge identification tags is evidentially sufficient?

A

4-5

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43
Q

What needs to be uploaded to Evidence.Com after a Taser discharge?

A

Incident details, TOR, and event number

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44
Q

What five steps need to be taken by a supervisor following an operational presentation, laser painting or arcing?

A

1 Determine whether Taser us was in accordance with instructions
2 Ensure operator completes details of all arcing in the Taser register
3 Ensure operator, or individuals involved submit tactical options report
4 Ensure operator uploads incident into the Evidence.Com via Evidence Sync and categorises the data including the tactical options report and event detail for cross referencing
8 Inform district Taser co-ordinator outlining details of incident by internal email prior to going off duty

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45
Q

What deaths MUST be reported to Police, and in turn, by Police to the Coroner?

A

1 Any death that appears without known cause, or suicide, or unnatural, or violent
2 A death for which no doctor has given a doctor’s certificate
3 A death that occurred during medical, surgical or dental treatment
4 Any death that occurred while the woman concerned was giving birth or that appears to have been the result of being pregnant or giving birth
5 Any death in official custody or care

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46
Q

What are the eight steps to be taken on attending a sudden death?

A

1 Check for signs of life. Consider rescuscitation, call ambulance, call their Dr if possible
2 Inform supervisor at earliest opportunity
3 If any suspicious call on duty CIB - Freeze, Guard, Preserve.
4 Duly qualified person makes verification of Death with written statement (before body is moved)
5 If deceased has been under treatment, attending Dr may issue a Medical Certificate of Causes of Death
6 If Cert issued, coroner not advised, Constable advises immediate family and ensure property secure. Any concerns, contact coroner.
7 determin if death must be reported to coroner, if so, immediately notify. Generally don’t move body before notifying
8 Complete deceased person notification to update all NIA and licensing and ensure ID cannot be taken in the future

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47
Q

What are the five steps of examining the body and the scene?

A

1 Consider factors that may cause a suspicion of a criminal act:
No apparent cause
poisoning, but no known motive for suicide
Body in burned building
Injury inconsistent with accident
Apparent suicide in unusual position
2 Note position of body and photograph if necessary
3 Note any/all factors that may explain death (body condition/medicines/items)
4 obtain particulars from witnesses exploring likelihood of any involvement either maliciously or innocently
5 If not suspicious, obtain statements (NOT NOTEBOOK) asap

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48
Q

If the family refuse to release a body and there is no doctors document, what actions can be taken?

A

1 Remove body (with warrant) and

2 Seize evidence (with warrant)

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49
Q

Before taking a body, what must be done?

A

Consult coroner and use all means of negotiation. Any warrant to be executed sensitively.

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50
Q

What three conditions need to be satisfied before a warrant can be applied for?

A

1 A coroner has given directions about the removal of the body
2 Reasonable grounds to believe the body is being held contrary to directions
3 Have used negotiation and other reasonable means to have the body released.

May use reasonable force to execute the warrant

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51
Q

What three steps must be taken if a person dies in custody?

A

1 Freeze the scene and ensure all evidence, including the charge sheet, is preserved
2 Advise supervisor who will:
- NOTIFY AND ARRANGE CIB ATTENDANCE
- ESTABLISH NATURE OF ENQUIRY REQUIRED
-INITIATE ANY ENQUIRY (IF ANY FORCE USED, A HOMICIDE ENQUIRY MUST BE COMMENCED)
- ENSURE DISTRICT COMMANDER IS INFORMED IMMEDIATELY
3 District Commander informs the National Manager Professional Standards

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52
Q

What section of the Policing Act 2008 allows the obtaining of identifying particulars?

A

S.32

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53
Q

What particulars can be obtained under S.32 policing Act 2008?

A
  • Biographical details
  • Photograph
  • Fingerprints etc
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54
Q

What section of the Policing Act 2008 deals with the care and protection of intoxicated people?

A

S.36

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55
Q

What conditions must be satisfied before a constable can take an intoxicated person into custody?

A

IF THE CONSTABLE REASONABLE BELIEVES THAT THE PERSON IS:
- incapable of protecting himself from harm, or
- likely to cause harm to another person, or
- likely to cause significant damage to property
AND CONSTABLE IS SATISFIED THAT NOT PRACTICABLE TO PROVIDE FOR CARE AND PROTECTION BY:
- taking to person’s residence, or
taking to a temporary shelter

56
Q

How long may an intoxicated person be held in custody?

A

As soon as ceases to be intoxicated but in any case, no longer than 12 hours, unless a health practitioner recommends another period of up to 12 hours

57
Q

What act and section determines the principles of how victims of crime should be treated?

A

S.7 Victim’s Rights Act 2002

58
Q

What are the provisions of S.7 Victim’s Rights Act 2002?

A

Any person who deals with a victim (judicial/police/lawyer/corrections, etc etc) should:

  • treat with courtesy and compassion
  • respect dignity and privacy
59
Q

What Act and Section deals with the services that should be available to victims of crime?

A

S.8 Victims Rights Act 2002

60
Q

What is the essence of S.8 victim’s Rights Act?

A

Victim or members of victim’s family who have needs arising from offending should have access to services for those needs

61
Q

What Act and Section relates to informing victims about criminal proceedings?

A

S.12 Victims Rights Act 2002

62
Q

Broadly, what are the provisions of S.12 Victim’s Rights Act 2002?

A

Victims must be advised asap of:

  • progress of investigation
  • charges laid or reasons for no charges, or changes to charges
  • victims role as witness
  • possibility (if any) of orders relating to victim identity
  • date and place of and appearances or hearings
  • the outcome of any prosecution
63
Q

What does S.39 CYPFA relate to?

A

Place of Safety Warrants

64
Q

On what grounds may a warrant be sought?

A

Reasonable grounds to suspect that a child or young person is suffering or is likely to suffer, ill treatment, neglect, deprivation, abuse or harm

65
Q

Why may request a S.39 CYPFA warrant?

A

A Constable or a Social Worker

66
Q

If a child or young person is removed through a S.39 CYPFA warrant, who is the custody assigned to?

A

Chief Executive or if in hospital, the medical superintendent of that hospital

67
Q

What does S.42 CYPFA refer to?

A

Search without Warrant

68
Q

What grounds must be satisfied to invoke S.42?

A

Critically necessary to protect a child or young person from injury or death

69
Q

If the powers of S.42 are used, what are the constable’s obligations?

A

1 Produce evidence of identity
2 Disclose act and section of powers being used
3Report to Commissioner within 3 days

70
Q

What does S.48 CYPFA refer to?

A

Unaccompanied children and young persons

71
Q

When may the powers of S.48 CYPFA be used?

A

When a child or young person is found unaccompanied by a parent or guardian or other caregiver in a situation in which the childs or young person’s physical or mental health is being, or is likely to be, impaired

72
Q

Once uplifted, where must the child or young person be taken to?

A

1 With consent of young person into custody of parent or guardian or caregiver
OR
2 If child or yp doesn’t want to return there, or no parent/guardian is willing or able, must deliver into custody of chief executive by delivering to a social worker

73
Q

How long can a child or YP be kept in custody of chief executive after S.48 CYPFA?

A

1 Until Child or YP agrees to return to parents, or
2 Application made for declaration under S.67, or
3 If in need of care and protection expiry of 5 days, or in other cases 3 days

74
Q

What does S.214 CYPFA refer to?

A

Arrest of child or young person without warrant

75
Q

What are the grounds for arresting a child or young person under S.214 CYPFA?

A

Necessary to arrest for the purpose of:
1 Ensuring appearance at court
2 Preventing further offending
3 Preventing loss/destruction of evidence and interference with witnesses

Where proceeding by way of summons would not achieve that purpose

OR

Cat 4 offence or Cat 3 offence where max penalty at least 14 years, and constable believes arrest is required in the public interest

76
Q

Every enforcement officer who arrests a child or young person without warrant shall do what?

A

Within 3 days of the arrest, make a written report to Commissioner giving the reason for the arrest

77
Q

What does S.214A CYPFA deal with?

A

Arrest of child or young person in breach of bail condition

78
Q

What grounds are required for an arrest under S.214A CYPFA

A

1 Believes on reasonable grounds that a YP has breached a condition of bail, and
2 the child or youn person has on 2 or more previous occasions breached a condition of bail

79
Q

What does S.233 CYPFA deal with?

A

Breath Alcohol and blood alcohol provisions of the Land Transport Act 1998 not affected

80
Q

How does S.233 CYPFA affect EBA procedures

A

It says that EBA procedures are not affected by anything in S214-232

81
Q

Who approves the authority to arrest under S.214A?

A

Youth Aid sgt in first instance, or in their absence, a supervising sgt (or above) or a qualified Youth Aid officer

82
Q

What does S.215 CYPFA deal with?

A

Child or YP to be informed of rights before being questioned by an enforcement officer

83
Q

What are the six provisions of S.215 CYPFA?

A

If suspect of committing an offence, or before asking questions intended to obtain and admission a constable shall:
1 if there is a power of arrest that yp may be arrested if refuses to give name and address and thereby can’t be served with a summons, and
2 not obliged to accompany and if does consent to accompany can withdraw that consent at any time, and
3 no obligation to make any statement, and
4 if does consent to statement, can withdraw that consent at any time, and
5 any statement made or given may be used in evidence, and
6 entitled to consult with, and make statement in presence of a barrister AND any person nominated under S.222

84
Q

Under S 223 and 225 and S233 and 244 of CYPFA what are the three factors a constable needs to abide by when taking statements from a child?

A

No statement is admissible unless:
1 explained right in S215 in manner and language that child or young person will understand
2 where the child or young person wishes to consult with a lawyer and any person nominated under S222, or either, the child or young person does so consult
3 Statement made in presence of one or more of:
a) barrister/solicitor
b) any person nominated under S222
c) where young person fails or refuses to nominate a person under S222, either parent/guardian or any adult nominated for the purpose by an enforcement officer

85
Q

What does S.222 CYPFA deal with?

A

Nominated Persons

86
Q

Under what grounds may the officer decline to bring in a person nominated by the C/YP to be present when they make a statement?

A

Where an officer believes, on reasonable grounds that any person nominated would either:
1 if permitted to consult with the C/YP would attempt, or be likely to attempt to pervert the course of justice, or
2 cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances

87
Q

What does S.234 CYPFA deal with?

A

Custody of child or young person following arrest

88
Q

Under S.234 CYPFA, what are the options following arrest?

A

a) release the young person
b) release on bail
c) deliver into custody of:
i) parent or guardian etc
ii) any iwi social service etc
iii) with agreement of C/YP any other person or organisation approved by the chief executive

89
Q

What does S235 CYPFA deal with?

A

Child or young person who is arrested may be placed in the custody of the chief executive

90
Q

When can S.235 CYPFA be used?

A

must place C/YP in custody of chief executive as soon as practicable and not later than 24 hrs after arrest

IF

not appear at court
commit further offences
interfere evidence or witnesses
or likely to continue to breach bail condition (if 214A)

91
Q

How is S235 CYPFA administered?

A

BY:
1 delivering C/YP to a social worker, and
2 presenting to the social worker on the prescribed form the identity of the child, the circumstances of the arrest, and date and time of the intended appearance at court

92
Q

What does S.236 CYPFA deal with?

A

YP who is arrested may be detained in police custody

93
Q

Who must be satisfied, and of what conditions, for S.236 CYPFA to be used?

A

A senior social worker and a constable of S/Sgt rank or above satisfied that YP is:
1 likely to abscond or be violent, and
2 suitable facilities for detention insafe custody are not available to the chief executive

94
Q

How long may S.236 CYPFA used for/

A

For a period exceeding 24 hours and until appearance before the court

95
Q

What paperwork, and on what timescale, needs to be completed by police after the use of S.236 CYPFA?

A

1 A copy of the joint certificate, and
2 written report stating circs of certificate issue, and duration of period YP detained or likely to be detained in police custody

96
Q

What is the basic theme of R v KAHU

A

Powers under S.39 CYPFA Warrant

97
Q

In R v Kahu, what was the decision?

A

In order to form the requisite belief that a child or yp is at risk, the holder of the warrant must be entitled to take steps to determining the evidence, therefore, in appropriate circumstances, the warrant holder may open cupboards to check for food

98
Q

What was the main theme in Pettus v R?

A

S.42 CYPFA Search without Warrant

99
Q

In R v Pettus why were the officer’s actions criticized?

A

Used S.42 CYPFA to remove children following Methamphetamine SW. Court said S.42 just for emergency where “danger so serious and imminent that less urgent remedies ineffective”

100
Q

What was the theme in Police v D

A

Detention under S.48 CYPFA

101
Q

In Police v D, what were the court findings on police actions?

A

Reasonable in taking to station as an intermediate step in S.48 CYPFA, but criticised subsequent actions

102
Q

In Police v D what police actions were criticised?

A

Failed to consider youth interests, back door of station, secure area, failed to ascertain youth’s wishes, blurred purpose because of ‘further enquiries’ and had no need to question the youth

103
Q

In Police v D, what limitations to S.48 CYPFA were described?

A

To be used for the limited purpose of returning a child or yp to an appropriate person where physical or mental well being is being or is likely to be impaired. Home, or no consent, chief executive by delivering to a social worker. V dim view where used for other purposes. If need to arrest then S.214 CYPFA

104
Q

What is the theme in Police v T-M?

A

Arrest guidelines for YP

105
Q

What were Judge Boshier’s guidelines in Police v T-M?

A

When arresting a child or young person, police must find a demonstrable need to arrest as outlined in S.214.

S.48 CYPFA should not be used solely for taking into custody a YP who is suspected of committing a crime.

If believe has committed offence, S.214 applies…not to be arrested unless:
1 ensure appearance
2 prevent further offending
3 loss evidence/interfere witnesses

106
Q

What is the theme in Police V T

A

S.214 CYPFA and detention in custody

107
Q

In Police v T, what actions was the police officer criticised for?

A

Whilst the original arrest might have been justified, the continuation of the detention was not, and neither was the failure to bring the YP before the court sooner

108
Q

In Police v T, what was the serious breach of the law?

A

The fact that the YP had spent 24 hours in police custody including a night in the cells. Powers are clearly defined under S.239 CYPFA

109
Q

What is the theme of Elia v R?

A

Admissibility of statements of young persons

110
Q

In Elia v R, what did the judge rule around the admissibility of the defendant’s statement under S.30 Evidence Act 2006

A

issue of whether the statements were unfairly obtained as although they were made following the explanations required in S.215 CYPFA, they followed the initial statement which was made without the S.215 CYPFA explanation

111
Q

What is the theme of R v k?

A

S.222 CYPFA and choice of nominated person

112
Q

In R v k what was the legal issue around the video interview of the C/YP?

A

In failing to ask the C/YP which family member or adult he wished to support him, police dispensed with a central feature of the legislation

113
Q

Following R v k, what actions should police take to comply with S.222?

A

police should only nominate an adult when the C/YP refuses to do so or when C/YP has no-one else left that they wish to nominate

114
Q

What was the theme in S v Police

A

Spontaneous admissions

115
Q

What grounds did the high court have for not accepting the offenders confession to the officer and the videotaped interview?

A

The offer of immunity cause the ‘spontaneous’ confessions, therefr ethey weren’t spontaneous, and those admissions were then used to continue the interview and partic the part about the aggravated robberies that was videotaped.

116
Q

What are the four core principles of the police response to Family Violence?

A

Safety
Collection of Risk Information
Accountability
Working Collaboratively

117
Q

In FV principles, give example actions for ‘SAFETY’

A

Ensuring all parties are safe, particularly victims (children)
Safety for attending officers

118
Q

In FV principles, give example actions for “COLLECTION OF RISK INFORMATION”

A

Child Risk Factor form (CRF)
Intimate partner Vulnerability Factor form (IVPF)
ODARA

119
Q

In FV principles, give example actions for “ACCOUNTABILITY”

A

Holding offenders to account by an active and comprehensive response and charging appropriately
Directing offenders into programmes to stop offending

120
Q

In FV principles, give example actions for “WORKING COLLABORATIVELY”

A

Must coordinate responses trhough FV coordinators
Be part of coordinated inter-agency FVIARS response
Apply active case management
principles
Use statutory powers to support and manage victims and offenders
Engage with victims and offenders to plan for change for better

121
Q

What actions should be taken if a domestic violence offender may have access to firearms?

A

1 Always consider may be present/available
2 Check if PSO or PO in place. Check licence endorsements including secure storage
3 Consider issuing PSO or applying for PO, in which case all firearms surrendered or seized under S.18 SaSA 2012
4 If seizure power exercised…notification report to Commissioner within 3 days
5 Following surrender seizure make enqs re ‘fit and proper person’ and consider revocation (S’s 27 and 27A Arms Act 1983)

122
Q

What legislation relates to actions that can be taken to prevent witnesses recanting evidence?

A

Evidence Act 2006 and S.82 Criminal Procedure Act

123
Q

What action can be taken under the Evidence Act 2006 and CPA 2011 to prevent a witness recanting evidence?

A

Statement can be sworn and can then be later used.

124
Q

What is the qualifying criteria that must be met to score ODARA?

A

1 A physical assault has occurred

2

125
Q

What are the three situations where child abuse must be reported?

A

1 Where there is serious child abuse
2 One or an combination of the CRF priority factors are indicated as present
3 CPP doesn’t apply, priority factors aren’t present but assessment indicates report for “other risk indicated case”

126
Q

What is outlined in S.124B Domestic Violence Act 1995?

A

The necessity test for the issuing of a PSO

127
Q

What is the necessity test in S.124B of the Domestic Violence Act 1995?

A

Can issue if “has reasonable grounds to believe, taking specified matters into account, that the issuing of an order is necessary to ensure the imediate safety of the person at risk”

128
Q

What is S.50 Domestic Violence Act 1995?

A

Power to Arrest for a Breach of a PO

129
Q

What is the timeframe for refusing bail if a person has been arrested under S.50 Domestic Violence Act 1995, for an offence under S.49?

A

24hrs no bail?

130
Q

Under Victims Rights Act 2002, what must Police provide to FV victims?

A

Appropriate and timely support and information about services and remedies

131
Q

Describe the effects of Police Safety Orders

A 
1 Person required to surrender weapons and/or firearms licence
2 Vacate land/building
3 Provide cooling down period
4 Must not:
physically/sexually abuse
damage threaten property
intimidate/harass
encourage any behaviours by others
(can telephone in emergency)
132
Q

When can police issue a Police Safety Order?

A

IF:
Do not arrest for offence of use of violence BUT
reasonable grounds to believe, taking specified matters into account, that the issuing of an order is necessary to ensure immediate safety of person at risk

133
Q

Can a PSO be issued following arrest for FV related offence?

A

No, once FV arrest made, window for PSO is closed

134
Q

What is the maximum time a PSO can stay in place/

A

Five days

135
Q

What is the theme of Police v Elliot?

A

Consent to remain on property

136
Q

On what grounds did the court dismiss the charge in Police v Elliott?

A

Confirmed that the applicant of a PO can consent to respondent remaining, thereby suspending non contact provisions…which she may unilaterally or arbitrarily, at any time she sees fit, revoke

SGT's CPK (1 decks)

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