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CPK > Firearms 1S Police & Victims Acts > Flashcards

Firearms 1S Police & Victims Acts Flashcards

1
Q

Factors for Consideraton (firearms licence)

A

*Extent of harm, risk, or risk of harm
*Conduct - behaviour, intent, capability
*Public Interest
*Attitude to compliance

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2
Q

Firearms licence holders and non-holders will be deemed disqualified in the following circumstances

A

*Existing licence holder
- convicted of specified offence, or
- has protection order against them after Dec.2020

*Not firearms holder
- convicted of specified offence within last 10 years, or
- has protection order against them within last 10 years

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3
Q

Sec.12 Trespass Act 1980 (offence with firearm)

A

Person who commits trespass while carrying or had a firearm with him
- may be disqualified from holding F/arms licence for 2 years

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4
Q

Police Safety Order issued (firearms and licences)

A
  • F/arms licence suspended (Sec.40 FVA 2018)
  • bound person must surrender f/arms & licence (Sec.37 FVA 2018)
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5
Q

Protection Order standard conditions (Sec.98) - weapons

A
  • Not possess/control any weapon (incl.firearm)
  • Not hold firearms licence
  • Surrender weapon/firearms licence in possession/control asap, within 24 hours, or on demand upon service of PO
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6
Q

Definition of Weapon (Sec.8 FVA 2018)

A

Firearm, airgun, pistol, prohibited magazine/part, restricted weapon, ammunition, or explosive

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7
Q

Protection Order standard conditions (Sec.90) - other

A

*engage in behaviour that amounts to Family Violence
*contact protected person
*encourage others to contact, or engage in behaviour that would be prohibited if it was by the respondent

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8
Q

With regards to Protection Orders, describe when a firearms licence becomes suspended or revoked?

A

Suspended - when a temporary Protection Order is in force

Revoked - when final Protection Order is in force

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9
Q

Sec.18(2) SASA 2012 (warrantless)
*RGTS Circumstances Exist

A

RGTS
(2) Person is in possession of firearms, is carrying firearms, or has firearms under their control; AND
(a) is in breach of Arms Act 1983; OR
(b) by reason of physical/mental condition
- is incapable of proper control
- may kill or cause bodily injury to any person; OR
(c) under Family Violence Act 2018
- Protection Order/PSO in force against that person; OR
- grounds exist to apply for Protection Order

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10
Q

Sec.18(1) SASA2012 (warrantless)
If circumstances in (2) exist Constable may -

A

*Enter a place or vehicle
*Search person, place, vehicle
*Search anything in their possession/control (incl. vehicle)
*Seize and detain firearms/licence

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11
Q

Who can be deployed with firearms?

A

Only certified Level 1 responders

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12
Q

When can firearms be carried?

A

*When situation is in/likely to be within death/GBH range
*On duty as AOS, STG, PPO
*Airport duties, or escort, guard authorised by Dist.Commander
*To destroy animals
*Training purposes

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13
Q

Responsibilities when carrying firearms (must)

A

*Advise immediate supervisor and Comms
*Deploy with Taser
*Wear ballistic armour

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14
Q

When must Fire Orders be issued?

A

*When firearms are issued
- before authorised routine carriage or pre-planned operations
- before all formal training

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15
Q

An offender must not be shot without first considering?

A

Communication - first asked to surrender (unless impractical/unsafe)

Less Violent - clear they cannot be disarmed/arrested without being shot

Delay - clear further delay would be dangerous/impractical

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16
Q

Sec.48 Crimes Act 1961 (Defend self/others)

A

Police may use a firearm to defend themselves/others if
- fear death/GBH to themselves/others; AND
- cannot reasonably protect themselves/others in less violent manner

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17
Q

Sec.39 Crimes Act 1961 Use of Force to Arrest (example firearm)

A

Police justified in using force (firearm) to arrest if
- RGTB (firearm) offender poses threat of death/GBH in resisting arrest, and
- arrest cannot be reasonably effected in less violent manner, and
- arrest cannot be delayed without danger to others

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18
Q

Sec.40 Crimes Act 1961 (prevent escape - use of firearm)

A

May use firearm to prevent escape if.
- RGTB threat of death/GBH to any person: AND
- flees to avoid arrest, or escapes after arrest; AND
- flight or escape cannot reasonably be prevented in less violent manner

19
Q

Warning shots

A

Not to be fired; unless
- suspect asked to surrender; and
- clearly aimed as warning shot

20
Q

Discharge of firearm (injury or death)
Incident controller must -

A

1.Take control/manage scene
2.Ensure first aid rendered
3.Inform District Commander

21
Q

Discharge of firearm (non-injury)
Incident controller must -

A

1.Mark discharging employees position and other items
2.Preserve cartridges and other items
3.Secure firearm, ammunition
4.Preserve and photograph scene
5.Advise employees supervisor
6.Commence investigation
7.Conduct debrief

22
Q

Taser - Supervisor’s action after operational USE

A

1.Establish whether you need to attend scene
2.Ensure medical attention
3.Preserve scene, photograph and secure items
4.Suspect examined by doctor and exam recorded
5.Taser register completed
6.Operator submit TOR
7.Operator uploads data/video to Evidence.com
8.Review Taser footage

23
Q

Taser - Supervisor’s action after operational SHOW

A

1.Operator submit TOR
2.Operator details arching in Taser register
3.Operator uploads data/video to Evidence.com
4.Debrief operator and review Taser footage

24
Q

Sudden Death - Police Role

A

Act as Coroner’s agent to investigate death and gather evidence to enable Coroner to make determinations

25
Q

What does a Coroner determine?

A
  • person has died
  • person’s ID
  • when and where person died
  • cause
  • circumstances
  • any recommendations to reduce occurrence in future
26
Q

Deaths that must be reported to Police

A
  • unexplained, self inflicted, unnatural or violent
  • during medical procedure and unexpected
  • during pregnancy/birth
  • in custody/care
  • doctor unwilling to sign death certificate
27
Q

Role of National Initial Investigation Office (NIIO)

A
  • manage once reported to coroner until deceased released to family
  • engage transportation to mortuary
  • keep families informed
  • contact for NOK
28
Q

Sudden Death Intitial Procedure

A

*Scene examination
*Verify death - Paramedic etc
*Cause of death - doctor willing to sign death cert.
*Confirm ID
*Statement of ID
*Victim support
*Contact Duty Coroner
*Consider MPES
*Consider SAR/DVI
*Provide booklet - when someone dies
*If suspicious - CIB

29
Q

Methods of identifying deceased

A
  1. Visual ID
  2. Fingerprints
  3. Odontology
  4. Comparison report - SAR
  5. DNA
30
Q

Suicide - possible reasons to consider

A
  • significant life events
  • previous attempts
  • mental health
  • financial
  • relationship
  • work
  • living arrangements
  • alcohol/drugs
  • school/bullying
31
Q

Sec. 32 and 33 Policing Act 2008 (Identifying Particulars)

A

(a) Name, address and DOB
(b) Photograph
(c) Fingerprints, palm prints, footprints

*May use reasonable force
*If person fails to comply they commit an offence 6 months/$5000

32
Q

Sec.32 Policing Act 2008
When may Police take a persons identifying particulars

A
  • Person in lawful custody, detained for committing an offence at a Police Station or other place being used
33
Q

Sec.33 Policing Act 2008
Identifying particulars for summons

A

*RGTS person has committed offence
*May detain person for purpose of serving summons
(a) to take identifying particulars; and
(b) only for period necessary to take identifying particulars

34
Q

Sec.36 Policing Act 2008
Care and Protection of intoxicated persons

A

May detain/take into custody intoxicated person in public place, or trespassing on private property if reasonably believe
- incapable of protecting themselves from physical harm
- likely to cause harm to anyone
- likely to cause damage to property
- not reason.practical to take take person home, temporary shelter

35
Q

Sec.36 Policing Act 2008 (care of intoxicated persons)
When must intoxicated person be released from custody?

A
  • when no longer intoxicated
  • no longer than 12 hours, unless recommended by health practitioner
36
Q

Sec.36 Policing Act 2008
Definition of Intoxication

A
  • Observably affected by alcohol/drugs
  • to such degree
  • speech, co-ordination, behaviour impaired
37
Q

Sec.36 Policing Act 2008
Definition of Temporary Shelter

A
  • Non-Police place
  • Capable of providing C & P for intoxicated person
38
Q

Victim’s Rights Act 2002
Definition of Immediate Family

A
  • Member of victim’s family, whanau, culturally recognised group
  • Close relationship with victim
    *includes spouse, civil union/de facto partner
    *victim’s child/step-child
    *victim’s siblings/step-siblings
    *parent/step-parent or grandparent
39
Q

Victim’s Rights Act 2002
Definition of Victim

A
  • person whom offence committed against
  • who suffers physical injury/property loss/damage
  • includes parent/guardian of child who suffers the above; or
  • member of immediate family of person who dies, or is incapable
40
Q

Sec.12 VRA 2002
What information must be given to victims as soon as practicable?

A
  • Progress of investigation
  • Charges laid, or reasons not laid
  • victim’s role as witness
  • possibility of court suppressing details of victim
  • details of court hearings
  • outcome of prosecution
41
Q

Sec.17 VRA 2002
Purpose of Victim Impact Statement

A
  • providing info to Court
  • effect of offence on victim
  • assist court in understanding victim’s views
  • inform offender about impact of offending
42
Q

Sec.29 VRA 2002
Definition of Specified Offence

A
  • sexual offence
  • serious assault
  • resulting in serious injury, death, person incapable
  • victim has ongoing fears for safety of themselves or 1 or more members of family
43
Q

Sec.29 VRA 2002
Best practice when dealing with victims of specified offence

A
  • determine if Sec.29 offence
  • inform of right to register on VNR
  • inform purpose of VNR
  • provide Pol 1065 VNR form
  • victim’s choice - can register later
  • record above in NIA

CPK (10 decks)

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