Exam Review Flashcards
VAWSEEPO
Victim Appreciation Witness Scene Exhibits Elements Powers Offender
Scene guard duties
Freeze - Keep the scene in its original state. Nothing moved or touched
Control - All movements to & from the scene. All activity in the contained area.
Preserve - All relevant exhibits .
Think big when setting the scene boundaries.
Bill Of Rights 1990
Section 21
Every person should be secure against unreasonable search and seizure of their person, property or correspondence.
Bill Of Rights 1990
Section 22
Everyone is protected from arbitrary or random arrest
Bill of Rights 1990
Section 23
People’s arrested or detained under and enactment have rights and must be informed of those rights.
Bill of Rights 1990
Section 24
People charged with an offence have certain rights and must be informed of these rights.
Police values
PRIMED
Professional, Respect, Integrity, Commitment to the Maori, Empathy, Valuing diversity.
Self check
Scrutiny, Ethics, Lawful, Fair to all.
Trespass Act 1980 Section 3(1) - Trespasses after warning to leave
Trespasses = is on another persons property without authority or permission
On any place = at any physical address
After being warned to leave that place by an occupier of that place = Must be told to leave by the lawful occupier of that address
Neglects to refuses to do so = After the warning, neglects or refuse to leave. The person must be given reasonable time to leave
Trespasses Act 1980 Section 4(4) - Trespasses after previous warning
Being a person who has been warned under sec 4 to stay off any place = a person who has been issued with a warning, either verbally or in writing to stay off a property
Wilfully trespasses on that place = The offender intentionally, deliberately without mistake returns to the premises.
Within 2 years = Within 2 yers after the giving on the warning
Trespass Act 1980
Section 9 Demanding of Identity
Where any person is found trespassing on any private land; the occupier or any member of police may require that person to:
a) Give their name and address and
b) If they are in possession of a firearm, give their firearms licence number
2 If the person fails or refuses to comply with these requirements and member of police may
- Caution the person and
- if the person persists in their failure or refusal, arrest without warrant
Offences are created of
a) Failing or refusing to cosplay with the requirements
b) Giving false name and address and
c) Wilfully giving particulars that are in sufficiently precise to enable the address to be readily identified.
Offensive weapons 202A(4)(a)
Public Place
Without lawful authority or reasonable excuse
Has with him/her
In any public place
Any knife OR Any offensive weapon OR Any disabling substance
Any article made, altered or intended for causing bodily injury
Possession of Offensive weapon or disabling substances
Any Place
Crimes Act 1961 Sec 202A(4)(b)
Has in his/her possession
Any offensive weapon
OR
Any disabling substance
In circumstances that Prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.
Any article capable of being used for causing bodily injury
Crimes Act 1961: use of force
Section 39
Use of force when carrying out an arrest or executing a warrant or process
Crimes Act 1961: use of force
Section 40
Use of force to prevent a person trying to avoid arrest or to escape after arrest
Crimes Act 1961: use of force
Section 41
Use of force to prevent suicide or certain offences
Crimes Act 1961: use of force
Section 42
Witnessing a breach of the peace to interfere, using force if necessary to prevent the disturbance from continuing to restarting
Crimes Act 1961: Use of Force
Section 48
Use of force in self defence or the defence of another
Crimes Act 1961: Use of force
Section 62
Everyone authorised to use force is criminally responsible for any excess force used.
Crimes Act 1961: Power of arrest Section 315(2)(a)
Finds
Disturbing the public peace
OR
Committing any offence punishable by imprisonment
Crimes Act 1961: Power of Arrest
315(2)(b)
Has good cause to suspect
Of having committed a breach of the peace
OR
Any offence punishable by imprisonment
Summary Offences Act 1981: power of arrest
39(1)
Has good cause to suspect
Of having committed an offence against this Act
Except sections
17-20, 25, 32-38
Summary Offence Act 1981
39(2)
Within view
Does an act the constable believes is an offence
Against section 17-20, 25, 31-38
AND
Fails to give name and address or gives false details.
Who is a victim
- A person against whom an offence is committed by another person
- A person who, through or by means of an offence committed by another person suffers physical injury, or loss of, or damaged to property
- A parent or legal guardian of a child, or of a young person who falls within or unless that parent or guardian is the person charged/convicted
Victims Rights Act 2002
Section 7
Members of the police, prosecutors, judicial officers, counsel, court officials and others dealing with victims should treat them with
Courtesy, compassion and respect for their person dignity and privacy.
Victims Rights Act 2002
Section 8
Victims and where needed their families should have access to welfare, health, counselling, medical and legal assistance responsive to their needs.
Victims Rights Act 2002
Section 11
Members of police, officers of the court and health and social services personnel should inform victims at the earliest opportunity of the programmes, services and remedies available to them.
Victims Rights Act 2002
Section 12
The prosecuting authority must advise the victims of the
- Progress of the investigation
- Charges filed or action taken
- Date and place of proceedings
- Role of the victim as a witness
- Outcome of preceding
Victims Rights Act 2002
Section 51
A persons property (other than the property of the offender) held for evidential purposes must be returned as soon as practicable when it is no longer required as evidence.
The Coroners Act 2006
Section 13
SCUMBIE
Suicide
Cause unknown or no Doctors certificate issued
Unnatural or violent death
Medical or surgical or dental operation or procedure
Birth deaths or deaths that appear to be the result of pregnancy or giving birth
Institutional deaths - deaths in psychiatric hospital, children’s homes or prison or while in police custody
Enactment require the holding of an inquest
Purpose of Coroners inquiry
First purpose
What established
-The fact that a person has died (Verification of Death)
-The identity of the deceased (Deceased person identification form)
-The cause of death (Pathologist report)
-Where and when the death occurred (POL 47)
The circumstances of the death (Statements, job sheets, depositions)
Purpose of a Coroners inquiry
2nd Purpose
Is to make recommendation or comments that in the Coroners opinion may if drawn to the public attention reduction the chances of the occurrence of other deaths in circumstances similar to those in which the death occurred.
Purpose of Coroners inquiry
3rd purpose
Is to determine whether the public interest would be served by the death being investigated by other investigating authorities and to refer the death to other authorities if satisfied that the public interred would be served by their investigating.
Inquest that must be held
The coroner must hold an inquiry into the following deaths:
- Suicide
- Any institutional deaths
- Any death in which the Coroner is not satisfied that the cause or circumstances of death have been clearly established
Verification of Death declaration
A doctor, nurse or an ambulance officer are authorised by the Chief Coroner to issues a Verification of Death declaration.
Role of a Pathologist
The Coroners Act 2006
The Coroner will direct the pathologist to understand a Post Mortensen. Police are not involved in this process
Role of a GP
The Coroners Act 2006
Medical certificate as to the cause of death is issued by the doctor who was attending the deceased before the death. If a certificate as to cause of death is issued, the Coroner does not have to be advised or the Police involved
Public place
A place that at any material time is open to or being used by the public.
