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Study Cards Exam 25 > Custody, Bail, SD, Firearms, TASER, Prosecution Guidelines > Flashcards

Custody, Bail, SD, Firearms, TASER, Prosecution Guidelines Flashcards

1
Q

What is Section 7 Bail Act?

A

Everyone is bailable as of right unless the offence charged with is meets certain criteria

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2
Q

What is Section 8 Bail Act?

A

Consideration for cause of continued detention

8(1) WEEP
8(2) Considerations to support 8(1)

eg nature of offence, seriousness, strength of evidence, past behaviour/character

In relation to FH the need to protect the victim is the primary consideration. Must take into account any views under 29 VRA

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3
Q

What is Section 10 Bail Act?

A

Relates to 14yr plus offences. Only a District or High Court Judge may grant bail and has a reverse burden of proof. Defendant must satisfy the Court that they should be released on bail.

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4
Q

What is Section 12(1)(a) Bail Act?

A

Charged with an offence 3+ years AND at the time of offending was on bail for a 3+ year offence AND has previously been sentenced to a term of imprisonment.

Only a District or High Court Judge may grant bail. Must satisfy the Judge that will not commit any violence offence, burglary or serious property offence (7yrs plus)

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5
Q

What is Section 12(1)(b) Bail Act?

A

Charged with a 3+ year offence AND has previously received 14 or more previous sentences of imprisonment AND has previously been convicted of a 3+ year offence committed whilst on bail

Only a District or High Court Judge may grant bail. Must satisfy the Judge that will not commit any violence offence, burglary or serious property offence (7yrs plus)

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6
Q

What is Section 12(1A) Bail Act?

A

That 12(1)(a) and 12(1)(b) also apply to 17 year olds if their offending is being heard in the District or High Court.

Only a District or High Court Judge may grant bail. Must satisfy the Judge that will not commit any violence offence, burglary or serious property offence (7yrs plus)

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7
Q

What is Section 15 Bail Act?

A

17/18yr olds that haven’t previously received a sentence of imprisonment must be given bail (unless trumped by another Bail Act provision)

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8
Q

What is Section 16 Bail Act?

A

If yo be dealing the ganja or woowoo only a District or High Court Judge can bail yo ass

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9
Q

What is Section 21 Bail Act?

A

Police Bail. Cannot trump other Bail Act provisions, if it relates to FH the paramount consideration is protecting the victim.

No person is Police bailable as of right.

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10
Q

What is Section 21A/21B Bail Act?

A

Notice of Police bail. 14 days without conditions, 7 days with conditions.

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11
Q

What is Section 35 Bail Act?

A

Can arrest for breach of bail

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12
Q

What is Section 37 Bail Act?

A

Warrant can be issued by the Court for

  • Failing to appear
  • Breaching a condition of bail
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13
Q

Bail Case Law R v Bryand - What is the general summary?

A

Police are required to make an assessment as to whether Police bail can be granted prior to appearing in Court. Just because someone is bailable as of right in the Court does not mean that Police must grant Police bail

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14
Q

What is S43 of the Coroners Act?

A

A Coroner who decides not to direct a PM must not authorise the release of the body less than 24hrs after notifying a Constable of the decision unless written approval from a S/Sgt or above

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15
Q

Why would a S/Sgt or above approve a Coroners request to release a body without a PM?

A

Police are satisfied that a PM is not required because there are no potential crime concerns.

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16
Q

Visual ID is gold standard. If visual ID cannot be obtained what other methods of ID can be considered (in order of preference)

A

1 - Fingerprints
2 - Odontology
3 - Circumstantial eg medical, physical, property (to be presented in a report)
4 - DNA (if there are existing records for comparison)

The Coroner must give approval for non visual ID

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17
Q

Who should you consult for non visual ID?

A

District DVI team

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18
Q

What is the Portrait facial identification photograph?

A

Photo of the deceased’s face whenever a visual ID is conducted. Placed on the file to remove ambiguity as to the appropriateness of visual ID

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19
Q

Procedure for non visual ID

A

1 - Tell fam why they can’t see deceased
2 - Arrange for body to be fingerprinted/photographed
3 - Begin building a case for circumstantial ID (fingerprints against objects known to be handled by person, medical exam, personal effects from scene exam etc)
4 - Complete the no visual ID part of the POL 47 with all that info
5 - Prep a full description of body, clothing and effects for publication and comparison with nominees
6 - Ensure that clothing and effects taken from body aren’t allowed to deteriorate to the extent that evidential value is compromised
7 - Consider DNA comparison or dental comparison

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20
Q

When do Police publicly release the name of deceased persons?

A

Generally within 24hrs of discovery of death provided that the victims family has been advised and the deceased is identifiable. If coronial advise the Coroner prior to release of info.

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21
Q

Can Police tell a family whether or not to make statements to the media?

A

No but Police should provide them info as to what may or may not help the Police investigation. The choice is ultimately the families as to what they do.

22
Q

What specific concerns are there relating to media statements where suicide is suspected?

A
  • Circumstances cannot be released without Coroners authority
  • A Coroner may only authorise release of info if it is unlikely to be detrimental to public safety
  • Restrictions on making public details of self inflicted deaths apply to all persons and only a Coroner may authorise departure from those restrictions.
23
Q

What kind of things must you NOT say in a media statement RE deaths?

A

Making definitive statements RE cause or fault (thats the Coroners gag).

If required to release details for public safety keep it vague and non specific (It would appear, initial info suggests etc)

24
Q

What is Section 32 of the Policing Act?

A

Can take identifying particulars of a person in custody at a Police Station or any other place

  • Biographical details
  • Photo
  • Fingerprints/palm prints/footprints
25
Q

What is Section 33 of the Policing Act?

A

Can take identifying particulars of a person suspected of committing an offence and intend to summons them

  • Biographical details
  • Photo
  • Fingerprints/palm prints/footprints
26
Q

What is Section 36 Policing Act?

A

Can detain for intox. Up to 12hrs, can be extended another 12hrs by medical practitioner.

Must rule out home or other place first, can be any intoxicant, must release as soon as sober

27
Q

What are the two Solicitor-General Guidelines tests>

A

Evidential
Public Interest

28
Q

What elements should you look at as part of the evidential test?

A
  • Identifiable individual
  • Credible evidence
  • Evidence that can actually be admitted (don’t run with tainted fruit)
  • That there is a criminal offence
  • Can reasonably be expected to be satisfied beyond reasonable doubt
29
Q

Once the evidential sufficiency test is met what do you need to look at to satisfy the Public Interest test?

A
  • Predominant is the seriousness of the offence
  • Grounds the offending is likely to continue or be repeated
  • Defendant history or subject to conditions
  • Position of trust etc
  • Aggravating factors
30
Q

Does a “no prosecution” decision preclude later charges?

A

No, further consideration can occur if further evidence comes to light

31
Q

When a TASER operator shows or uses a TASER what must they do?

A
  • Notify a supervisor as soon as practical
  • Ensure post incident procedures are completed
32
Q

What actions must a supervisor take post TASER use?

A
  • Consult with operator as to whether attendance is required
  • Ensure aftercare is sorted
  • Freeze scene and photograph if required, all exhibits seized
  • Ensure subject gets seen by Dr in the cells and examination is recorded on TASER post deployment form (POL 42, WHICH SHOULD BE UPLOADED TO THE tor)
  • Ensure TASER register is completed for X2
  • Ensure TOR submitted and footage uploaded, data categorised, shared with supervisor
  • Review TOR and footage
33
Q

Who manages TASER footage evidential disclosure?

A

CJSU

34
Q

Who manages TASER footage Privacy Act or OIA requests?

A

Director: Capability at PNHQ

35
Q

Who is the Regulatory Authority of the Arms Act 1983?

A

NZ Police

36
Q

What are the two aspects of risk that Police look at in terms of firearms licensing/breaches?

A
  • Likelihood of event occurring
  • Magnitude of event if it did occur
37
Q

What do Police know about people not complying with firearms regs?

A

There will be a spectrum from lack of knowledge through to wilful noncompliance. Accordingly, Police response will also range from education through to enforcement. Police seek to gain the highest possible level of voluntary compliance

38
Q

When looking to enact compliance activities what should be the main goal?

A

An outcome focus. Police seek the best outcomes to address personal and public safety.

39
Q

What are the compliance interventions available to Police for Firearms Act matters?

A
  • Provide educational material
  • Issue warning letters
  • Issue an improvement notice
  • Prescribe conditions on a license
  • Issue a temporary suspension or notice of consideration of revocation
  • Revoke a license or an endorsement
40
Q

What factors should be considered when deciding on a compliance intervention?

A
  • Extent or risk of harm
  • Conduct of license holder
  • Public Interest
  • Attitude to compliance
41
Q

Must engagement occur prior to enforcement action?

A

Hells no

42
Q

What is S22H of the Arms Act?

A

Person is disqualified from holding a license if they have had a relevant conviction or released from custody in the last 10 years for relevant offences

(Breaches of Arms Act, serious violence offences, offensive weapons, drug dealing, been issued a protection order)

43
Q

When does S22H not apply?

A

Those with convictions prior to the legislation coming in in 2020 and already a license holder.

Those applying for the first time with convictions prior to the date are disqualified persons.

44
Q

What impact does the Trespass Act have on firearms licensing?

A

If convicted of trespass while carrying a firearm can be disqualified by the Court from holding a license for up to two years.

The Court may also order that the person not carry any weapon for up to two years (includes airguns)

Police can also consider revocation of license as well if consider person not to be fit and proper (would prevent them getting license back at the end of two years)

45
Q

What impact does a PSO have on firearms licensing?

A

Must surrender license and firearms immediately. May not possess any firearms or weapons.

Police should at this time assess fit and proper status and consider notice of consideration of revocation or a notice of temporary suspension if appropriate

46
Q

What impact does a Protection Order have on firearms licensing?

A

No firearms or weapons for you. Even if the no weapons clause is removed by the Court Police do not need to issue a license

The person also remains a disqualified person for 10 years

License is suspended while a temp PO is in place and is deemed revoked once PO made final.

47
Q

When is a persons fit and proper status reviewed?

A

When they demonstrate
- Unlawful, dangerous or unsafe behaviour
- non compliance with license, endorsement or permit conditions
- behaviour that indicates a lack of judgement
- poor decision making

48
Q

What are the two stages of the fit and proper assessment?

A
  • A firearms license holder is involved in specific behaviours, offending or circumstances as defined in the Act or considered relevant THEN
  • The severity and recency of the circumstances are assessed
49
Q

Give some examples of behaviours that would flag for stage one of the fit and proper test

A
  • Imprisonable offences
  • Firearms offences
  • Unlawful hunting type offences
  • Has at any time had a temp PO in place
  • FV where the other person has grounds to apply for a PO
  • Harassment
  • Noncompliance with Firearms Act
  • Alchohol/drug issues
  • Mental or physical health issues that make them unsafe
  • Gang shit
  • Extremism/hate

Can also look at pro factors
- Whether person has a sound knowledge of the safe possession/use of firearms
- Understands the legal obligations of a firearms license holder
- Any other relevant matters that the member of Police considers appropriate

50
Q

What factors should Police consider for stage 2 of the fit and proper assessment

A
  • The seriousness of the failure/behaviour that caused them to fail stage 1 including the type of conduct and the risk of harm
  • The circumstances around the offending
  • The totality of the behaviour eg multiple instances/history of (non)compliance/risk of harm
51
Q

What is S18 S&S?

A

Warrantless search for arms

GCTS in breach of Arms Act, incapable of control/may kill or injure any person/PSO/PO may

  • Search any person/place/item/vehicle under persons control for license or arms and seize

Study Cards Exam 25 (4 decks)

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