Firearms, Taser, Policing Act, Victims Flashcards
What does s40 Arms Act “demanding details of person in possession of firearm” entail?
Every person in possession of firearm/air gun…
Shall in demand give
- FULL NAME
- DOB
- ADDRESS
Refusal/falsies may result in arrest!
What does s66 Arms Act “occupier of premise/driver of vehicle in possession of firearm” entail?
Every person in occupation of any land or building or driver of any vehicle on which any firearm is found shall be deemed to be in possession of that firearm
Unless he proved that it was not his property and that it was in the possession of someone else.
When can a constabulary member carry firearms? (5)
- When their PCA of a situation or the immediate operating environment is that in, or likely to escalate within, death or GBH.
- on duty AOS, STG, DPS
- airport duties or escorting people with valuables
- destroy animals
- training
Under the crimes act, what are the 3 sections that entail lawful purposes for using a firearm?
S48
S39
S40
Describe the s48 Crimes Act lawful purpose for using a firearm
To defend themselves or others if they fear
1) death/ GBH
2) cannot reasonably protect themselves in a less violent manner
Describe the s39 Crimes Act lawful purpose for using a firearm
To arrest an offender if
1) RGTB the offender poses threat of death/GBH in resisting their arrest,
2) the arrest cannot be reasonably affected in a less violent manner AND
3) the arrest cannot be delayed without danger to other people
Describe the s40 Crimes Act lawful purpose for using a firearm
To prevent an offender escaping if
1) RGTB the offender poses a threat of death/GBH to any person and
2) the offender flees to avoid arrest or escapes after arrest and
3) the flight or escape cannot be reasonably prevented in a less violent manner
What must the incident controller do after a firearm is discharged?
- take control of scene
- ensure first aid is rendered
- manage the scene
- inform the DC who initiates drug/alcohol testing
What are the duties of the incident controller?
- MARK discharging employees position
- PRESERVE the cartridge cases/bullets/fragments
- SECURE firearms
- PRESERVE & PHOTOGRAPH scene
- ADVISE immediate supervisor who advises DC, complete TOR
- Commence REVIEW/investigation
- Conduct a DEBRIEF
What are the duties of a supervisor after a taser discharge?
- Consult with operator, is attendance required?
- Ensure proper aftercare/medical attn given
- Ensure scene is preserved and photographed
- Subject seen by Dr and POL42 completed
- Operator to complete taser register
- Operator to submit TOR
- Operator to upload footage
- Review taser footage and TOR
What are the duties of a supervisor after a taser is presented?
- Ensure operator completes TOR
- Operator completes TASER register
- Operator uploads footage
- Debrief officer involved and review footage/TOR
What are a supervisor’s duties after a TASER UD?
- Preserve scene
- Withdraw taser -armoury
- Secure any evidence
- Instigate review
- Operator to do TOR, register, upload footage
- Notify professional conduct manager
What is the purpose of a coroner’s enquiry?
Establish:
1) a person died
2) the person’s ID
3) when and where
4) COD
5) circumstances
Then make recommendations or comments
Deaths that must be reported to coroner (SCUMBIE)?
SUICIDE
CAUSE UNKNOWN
UNNATURAL OR VIOLENT
MEDICAL
BIRTH
INSTITUTIONAL
ENACTMENT
What does s32 policing act “identifying particulars of person in custody” entail?
…any person in lawful custody… a Constable must take identifying particulars in a manner that is reasonable in the circumstances and may only use reasonable force that may be necessary to obtain the particulars
Could include:
- Name/DOB/add
- Photo
- Prints
What does s36 Policing Act “care and protection of intoxicated person” entail?
…Constable who finds a person intox in a public place (or trespassing on private prop) May detain and take into custody if
A) RGTB person:
- is incapable of protecting himself or herself from physical harm OR
- likely to cause physical harm to another person OR
- person is likely to cause significant prop damage AND
B) Constable is satisfied on reasonable grounds that is is not reasonably practicable to provide for the person’s care and protection by
- taking them home
- taking them to temp shelter
A person detained under s36 Policing Act (detox) must be released….
…as soon as ceases to be intoxicated.
No longer than 12hrs unless a health practitioner recommends that the person be further detains for a period not exceeding 12 hours
What is the victim’s rights act definition of “immediate family?”
Member of family, whanau or culturally recognised family group, who is close relationship to the victim at the time of the offence AND includes a person who is
spouse, partner, defacto, child or step child, sibling or step sibling, parent of step parent, grandparent
What is the victim’s rights act definition of a “victim”?
A person whom an offence is committed against by another person
A person through who by means of an offence suffers physical injury or damage to property
A parent or legal guardian of a CYP who falls under above
A member of immediate family of a victim who dies or is incapable
For the purpose of s7 (treatment) and s8 (access to services), the definition of a victim also includes:
A person who by means of an offence suffers emotional harm
A parent or legal guardian of a CYP victim of above
A person who has experienced domestic violence
A CYP residing with a victim of domestic violence
What 2 things does s7 Victim Rights Act say victims should be treated with?
A) courtesy and compassion
B) respect for dignity and privacy
What does s8 victim rights act say about access to services?
A victim/member of the victim’s family who has welfare, health, counselling, medical or legal needs arising from the offence should have access to services that are responsive to those needs
What must the victim be informed about under s12 Victim Right’s Act “information about proceedings”
As soon as practicable given info about:
- progress of investigation
- charges laid/reasons
- victim’s role as a witness
- possibility of name suppression and steps re this
- date/place of all court appearances
- outcome of the prosecution
What is the purpose of a VIS?
To enable the victim to provide info to the court about effects of offending, assist in understanding their views and informed the offender about the impact of their offending
A VIS is mandatory by ___ appearance?
2nd
Who can a victim complain to?
A person may complain to
A) the person not accorded the right
B) an Ombudsman
C) IPCA
D) privacy commissioner
