FA, Taser, SD, Policing Act and Victims Flashcards
Arms act section 40
On demand by police person in possession of firearm, air gun, pistol or restricted weapon on, to give name, address and DOB
If refuse or give false
Police may caution and if continues to refuse or fails to give, may arrest without warrant
3months, $1000fine
Arms Act 66
Occupier if premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon or explosive found therein
If occult’s land or driver of vehicle- seems in possession unless proven that it was not his property and that it was in the possession of some other person
Hepi v R 2010
Arms act law note
Charged with possession of firearm as located on their property.
Convictions quashed after proved in balance of probabilities that it was in possession of someone else not the alleged offender
Who can be deployed with firearms?
Only verified level one responders may deploy and use a firearm
When can firearms be carried?
PCA that it is in or likely to escalate to be within the death/GBH range as specified by TOF
When on duty as AOS or STG or protection service
When performing airport duties at any airport that is “security designated”
To destroy animals
Training purposes
Principles when dealing with armed offenders
Ongoing TENR assessment
Better to take too serious than too light
Caution is not cowardice
When possible, focus on deescalation, communication, and prevention, cordon and adopt the wait and appeal role in order to negotiate surrender
Act immediately if acting in way may cause casualties otherwise never go unnecessarily in to danger
Treat all as dangerous and hostile unless definitive evidence to contrary
Should not use firearm unless it can be done without endangering other persons
Fire order- previously F061
Operationally specific instructions on the circumstances in which police employees may use firearms
Must be given when:
Training- must demonstrate knowledge and understanding of fire orders
Operational- must be given by operation or unit commanders as part of operation briefing
- all other operational situations where firearms are carried. if time and circumstances permit, supervisior must draw attention to fire order inside notebooks
Brief of firearm orders
Responsibility of knowing when firearms may be used
Conditions to be satisfied before use
- communication - first asked to surrender unless impractical
- less violent alternatives
- delay - necessity
Making decision to use 48 defence of self or other 39 arrest of offender 40 prevent escape Destroying animals
Warning shots
General rule, should not be fired
May be appropriate if
Suspect has been asked to surrender and not done so and
Can be clearly aimed as warning shot
Incident controller action if shots fired
Take control of scene
Ensure first aid rendered
Manage scene according to principles contained in the police involvement in deaths and serious injuries chapter
Inform the DC who will initiate alcohol and drug testing in accordance with commissioners circular testing police employees for alcohol and illegal drugs after police shooting
Taking control of Sven after shooting
Mark position of shooter, bullets, cartridges and anything else associated
Preserve cartridge and when possible, bullet/fragments
Secure the firearm and make safe
Preserve and photograph scene
Advise shooters immediate supervisor who will advise DC
Commence review/investigation
Conduct a debrief in compliance with the debriefed chapter
UD
Shooter to inform supervisor ASAP
Supervisor to:
Follow 1-5 of firearms discharge
Notify district police professional conduct manager
Instigate a review/debrief
Send firearm and bullets/cartridge cases to police armoury for exam. Include report with circumstance
Firearm TOR
Presentation
Discharge
UD except where in training
Destruction of animal
After TASER use
Consult with operator as to whether physical attendance needed
Ensure proper after care and med attention
Ensure scene preserved and photos. All evidence recovered
Ensure subject examined by registered medical doctor or qualified ambo officer if not available
Exam recorded on pol42 post taser exposure medical exam form
Ensure operator completes the details of all instances of use in the taser register
Ensure TOR submitted
Ensure evidence.com upload
Review footage and TOR
Coroners role
Receive report of death from police
Decide on whether to direct post mortem and who to attend
Authorise release of body
Decide whether to open an inquiry and if inquest if so
Coroners inquiry
To Establish: Person has died Identity When and where Causes Circumstances
Make specifies recommendations or comments under the act
Determine whether the public interest would be served by the death being investigated by other authorities
Attending SD
Ensure safety
Personal protective equipment
Signs of life
Inform supervisor
CIB if appears suspicious
Duly qualified person to complete verification of death. Before body moved.
If under treatment, doctor to issue a medical certificate of causes of death HP4720
Notify coroner if one that must be reported. 0800 266800
Complete deceased person notification
Who can compete VOD
Registered medical practitioners Nurse Registered midwife Intensive care paramedics Paramedic Emergency medical technician
Deceased can not leave police control until completed
If family does not allow removal of body
Powers to
Remove body with warrant
Seize evidence without warrant
Apply to DC judge for warrant if
Coroner has given direction under s20
Reasonable grounds to believe the body is being held in that place contrary to the directions and
You have used negotiation and all other reasonable means to have body released
Can seize evidence with reasonable force if necessary if complying with direction to removed under s2” or executing warrant
Evidence in or on immediate vicinity and relevant to PM
Delivered to coroner
Must inform within 5 days of seizure. In person or writing
Policing act 32
Identifying particulars of person in custody
To obtain info that may be used now or in the future for lawful purpose
May take identifying if in lawful custody and is at police or police being used as
Take in manner reasonable in the circumstances and only reasonable force that may be necessary to secure persons identifying particulars
If after caution, fail to comply, commits an offence liable to 6months and $5000
Identifying Features
Any or all of
Biographical details- name, add, dob
Photograph or visual image
Fingerprints, palms or footprints
Policing Act Section 33
Identifying particulars for summons
Good cause to suspect person had committed offence and intend to bring proceedings against the persons in respect of that offence by the way of summons, may detain at any place in order to take identifying particulars and only for the period necessary to take them
Taken in manner that is reasonable and reasonable force that may be necessary to secure particulars
Fail to comply- offence, 6months and or $5000
Policing Act Section 36
Care and protection of intoxicated people
If found intoxicated in public place or while trespassing on private property, may detain and take in to custody if
Reasonably believes incapable of protecting self from physical harm or likely to cause physical harm to another or likely to cause significant damage to property
And
Constable satisfied is satisfied not reasonably practical to provide for the persons care and protection by taking to their own residence or to a temporary shelter
Detained to be released as ceases to be intoxicated, no longer than 12hrs unless recommended by health practitioner recommends
Section 31 of crimes act applies in respect if the power to detain and take into custody
VRA immediate family definition
Close relationship with victim at time of offence
Includes
Spouse, partner, civil union, de facto Children or step children Siblings or step Parents, step parents Grandparent
VRA incapable definition
Lacks, wholly or partly, the capacity to understand the nature and to foresee the consequences of decisions in respect of matters relating to his or her personal care and welfare or
Has the capacity to understand the nature and to Forster the consequences of decisions in respect of matters relating to his or her personal care and welfare but wholly lacks the capacity to communicate decisions in respect of matters if that kind and
Includes the person being in a state of continuing unconsciousness
VRA Victim definition
Offence against
Person who suffers injury or loss or damage to property through an offence committed by another person
Parent or legal guardian of YP unless they are person charged
Member of immediate family if as result of offence dies or incapable
For 7 and 8, also
Person suffers emotional harm
Parent or legal guardian
Experienced DV or
CYP of someone who falls in DV category as victim
VRA Section 7
Any person dealing with victim
Courtesy and compassion
Respect their dignity and privacy
VRA Section 8
A victim or member of family who has welfare, health, counselling, medical or legal needs arising from the offence should have acres to services that are responsive to those needs
VRA Section 11
I got about programmes, remedies and services
ASAP once in contact with agency to be given info on what is available through the agency
Includes ACC DHB Department of corrections Ministry of justice Ministry of social development NZP
VRA Section 12
Info about proceedings
Given inform by investigating officers or court staff or prosecutors
Process of Charged laid or reason for not Their role as witness Possibility of court orders Dates and places Outcome of prosecution
VRA Section 17 - VIS
Info obtained from victim and is to be or has been submitted under 21AA for sentence indication or under 21 for sentencing
Includes any recording, summary, transcript or other copy of that info. Can include photos, drawing or other visual representation
Purpose- effects, understand views and inform offender about the impact
VRA Section 18
Before ascertaining vis info
Informed that info is for vis, must be true, must be recorded
Informed who may see or make or keep copies of vis
Any views on orders to be applied for
Specified Offence Definition s29
Offence of sexual nature
An offence if serious assault not included in (a)
An offence that resulted in serious injury to a person, death or become incapable
An offence of another kind and that has led to the victim having ongoing fears for physical safety or security of self or immediate family
Form for VNR
Pol 1065
Victim request to be notified or bail, release etc. They then fill it out and send off to vetting and validation section at pnhq
VRA Section 30
Victim views about release on bail of accused or offender
If victim of specified offence and accused applies for release on bail
Prosecutors must make all reasonable steps to ascertain Jews of victim and inform courts of any views
VRA Section 31
Victim can appoint representative. Inform agency and then agency to provide info required to be given to victim to representative. This rep has obligations to receive and pass on that notification to victim.
VRA Section 49
Complaints
When not accorded the right.
VRA Section 51
Return of property held as evidence
ASAP
Not applicable if they advise agency they do not want it returned
