Focused revision Flashcards
S.41 Crimes Act. who is justified using force to prevent suicide
Anyone can use reasonable force
What is the Sec 8 general Exclusion Evidence Act test?
The sec 8 test involves balancing the probative value of evidence against the unfairly prejudicial effect on the proceeding or needlessly prolong the proceeding.
Evidence will be admitted if its probative value outweighs the risks
What does Section 87 EMA 2002 permit re: Entry on
premises if a state of emergency is in force in any area, (save at least 7)
A controller or a constable, or any person acting under their authority , may enter on, and if necessary break into, any premises or place within the area or district in respect of which the state of emergency is in force if he or she
believes on reasonable grounds that the action is necessary for—
(a) saving life, preventing injury, or rescuing and removing injured or endangered persons; or
(b) permitting or facilitating the carrying out of any urgent measure for the relief of suffering or distress
What is a statement?
A spoken or written assertion or non verbal conduct intended by that person as an assertion of any matter. (a head nod is sufficient for admission of guilt as a statement).
S,7 Evidence Act - Fundamental principle
Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding
If Improperly obtained evidence is suspected the judge must:
Find, on the balance of probabilities, whether or not the evidence was improperly obtained
if improperly obtained must decide if the evidential value outweighs the method
Methods of improper obtain evidence include:
Breaches of human rights act
the importance of any right breached by the impropriety and the seriousness of the intrusion on it:
(b)
the nature of the impropriety, in particular, whether it was deliberate, reckless, or done in bad faith:
(c)
the nature and quality of the improperly obtained evidence:
(d)
the seriousness of the offence with which the defendant is charged:
(e)
whether there were any other investigatory techniques not involving any breach of the rights that were known to be available but were not used:
(f)
whether there are alternative remedies to exclusion of the evidence that can adequately provide redress to the defendant:
(g)
whether the impropriety was necessary to avoid apprehended physical danger to the Police or others:
(h)
whether there was any urgency in obtaining the improperly obtained evidence
What does Sec86 of the EMA permit premises (blocked with sticks)
A Controller or any constable, or a person authorised by him or her may [direct], within the area or district in which the emergency is in force,—
(a) the evacuation of any premises or place, including any public place; or
(b) the exclusion of persons or vehicles from any premises or place, including any public place
What does Section 88 EMA 2002 permit re: closing roads and public places If a state of emergency is in force? (Not you mate)
A Controller or a constable, or any person acting under them, may, totally or partially prohibit or restrict public access, with or without vehicles, to any road or public place within the area or district in respect of which the state of emergency is in force.
What does section 89 of the Civil Defense Emergency Management Act 2002 allow a constable to do? (Legal crime)
With allows a controller or constable in order to prevent or limit the extent of the emergency remove from any place in the area or district in respect to where the state of emergency is in force,
Any aircraft, hovercraft, ship or ferry, other vessel, train or vehicle impeding civil defense emergency management and use force to break into that aircraft, hovercraft, ferry or vehicle
What does section 90 of the Civil Defense Emergency Management Act 2002 allow a constable to do? (Don’t cry g)
Answer:
It allows the controller or constable to direct the owner or person for the time being in control of any land, building, vehicle, animal, boat, apparatus, implement, is moving equipment, furniture, food etc to immediately place the property in his or her control and direction
What does section 92 of the Civil Defense Emergency Management Act 2002 allow a constable to do? (Look at a few) x7
Answer:
Allows a control or constable to examine, mark, seize, sample, secure, disinfect, or destroy any property, animal or any other thing in order to prevent or limit the extent of the emergency.
S. 93 EMA - allows a constable to (show ID)
requires the person exercising the power to have evidence of ID and produce evidence or give a general explanation that they have authority under which they are acting and or powers which they are exercising
While a state of emergency isnin force, section 91 of the Civil Defense Emergency Management Act 2002 allows you power to give directions.
What may you do?
(3) (must be done)
Direct to stop
Direct to take action
Directo to have building assessed
Power to give directions
1) While a state of emergency is in force a controller, constable or authorized person may-
a) direct any person to stop any activity that may cause or substantially contribute to an emergency
b) request any person, verbally or written, to take any action to prevent or limit the extent of the emergency
2)While a state of emergency is in force a controller, constable or person authorized may direct-
the owner/s of a structure/s to obtain an assessment of the effect of the emergency
3) A person may not give direction under subsection (2) unless the person had regard to whether the structure my in the circumstances pose a risk of injury, safety of life or property
4) A direction under subsection (2) must-
a) state the purpose for and specify the assessment required
b) specify a reasonable time within which the assessment must be concluded
c) require the owner to give a copy of the assessment to the person who gave the direction
5) An owner who is given a direction under subsection (2) must-
a) obtain the assessment
b) give a copy of the assessment to a person who gave that direction
6)The owner may appeal to the district Court on grounds that the direction is unreasonable
7) section 77(2) &(3) applies in relation to an appeal
8) Any relief that may be granted under subsection (6) is limited yo the reasonable costs associated with obtaining the assessment
What offense is specified in section 95 of the Civil Defense Emergency Management Act 2002 (not with jive)
Failure to comply with a requirement in civil defense emergency management plan
How soon after being arrested for a breach of protection order may an offender be released on police bail?
No earlier than 24 hours after the arrest unless they appear in court during that time and court bail is imposed
Family harm: Presumption of Court Bail
In most cases, there is a presumption that a defendant IS to be bailed.
What are the overall principles regarding fleeing drivers?
Answer:
- SAFETY of the public, vehicle occupants and police staff takes precedence
- A DRIVER failing to stop or remain stopped does not in itself a sufficient reason to commence a pursuit
- The DECISION to not pursue or to abandon a pursuit will be supported
- Staff may be criminally LIABLE if their manner of driving contravenes legislation
- A pursuit is only JUSTIFIED when the threat posed by the vehicle, occupant and the necessity to apprehend the driver outweighs the risk of harm created by the pursuit.
S.aD. D. L. J
Pursuit abandoned but vehicle located again driving. You must advise:
-that the vehicle has been located • location • direction of travel • a summary of the threat, exposure and necessity to pursue based on their TENR risk assessment
Shift commander Comms will decide if you can pursue
What are some examples of ‘Flexible Working’ As per the FEO policies
- Working from home/alternative work space.
- Flexi Time (setting hours differently week to week)
- Part Time (Working less than full hours)
- Condensed Hours (working more hours in less days)
How long do you have to consider and respond to all requests for FEO?
1 month of receiving them as per the Employment Relations Act
What is a near miss?
e.g. minor car crashes where no injury occurred
A near miss is an unplanned or unexpected event that occurs as a result of
Police work activities and, under slightly different circumstances, could
have resulted in harm to a person but did not. A near miss includes “loss
only” incidents where damage was caused to Police property but no
people were harmed. A
near-miss is an opportunity to prevent a future injury before someone is
hurt
What is NOT
unacceptable
behaviour?
• Differences of opinion.
• Legitimate leadership action to improve performance and insistence
on high standards of performance, cooperative team working,
punctuality and attendance.
• An isolated incident of abruptness
What is
unacceptable
behaviour?
bullying, cyberbullying, discrimination,
harassment, sexual harassment, racial harassment, indecent assault,
sexual violation
Sec 114 - officer requirements
The officer must be in uniform, or wearing a distinctive cap, hat or helmet, with a badge of authority affixed to it or be using flashing blue or blue and red flashing lights and sound a siren when stopping a vehicle.
Under section 114 of the Land Transport Act you may stop a vehicle and require details of the driver or owner if the vehicle is not the driver’s.
How long may you keep them stopped for?
What details may you require?
What can you do if you SUSPECT they fail/refuse or give false details?
Up to 15 minutes
Full name, DOB, Address, occupation, phone number
State whether they are the owner of the vehicle and if not give above details of the owner
Arrest without warrant
R v Roulston [1998] 2 NZLR 468 – internal search
Strip seeach - placed drugs in mouth. Held nostrils to force out. Lawful as no mouth search - fear he would choke
Define: mental disorder
in relation to any person, means an abnormal state of
mind (whether of a continuous or an intermittent nature), characterised
by delusions, or by disorders of mood or perception or volition or
cognition, of such a degree that it –
(a) Poses a serious danger to the health or safety of that person or of
others; or
(b) Seriously diminishes the capacity of that person to take care of
himself or herself;
CYP is on bail breaches-
the child or young person has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition)
Our business; our Priorities: (x3)
The three priorities held in Our Priorities are,
- Be first then do,
- Delivering the service New Zealand is expects and deserves,
- Focused prevention through partnerships
Where can you take identifying particulars for a summons:
Any place (including for fingerprints and photo)
Medical certificate must
be submitted before the end date of an employee’s
previous medical certificate and
must state how long taken off work
Must have REVIEW date
Sec 18 - People in possession of arms
If you have reasonable grounds to suspect a person is carrying arms or is in possession of them, and
- they are in breach of the Arms Act 1983 or
- by reason of their physical or mental condition, are incapable of having proper control or may kill or cause bodily injury to any person
- under the Domestic Violence Act they have a PO or a PSO is in place
you may
- search the person or anything in their possession or under their control (including a vehicle) and seize any arms found
- you can enter a place or vehicle to search and seize any arms found
Unless impracticable obtain approval from a Sgt.
What is the standard of proof that must be reached for voice identification evidence
The burden of proof imposed on the prosecution under s 46 is proof of reliability on the balance of probabilities. “probably reliable”
When a witness needs to refresh their memory from a statement they have made, what must be required:
• The leave of the judge must be obtained
• The document must be shown to every other party in the proceeding
• The document must have been “made or adopted” by a witness “at a
time when his or her memory was fresh
Rongonui v R fresh memory for statment
Court held that statement 6 weeks after is still fresh
Communication assistance for defendant/ witness in court
May include assistance such as provision of an
interpreter, and any other mechanism or technological aid that can help
witnesses and defendants to give or understand evidence
Purpose of a Victim Impact Statement: (x3)
EVAC II
(a) enable the victim to provide information to the court about the
effects of offending; and
(b) assist the court in understanding the victim’s views about the
offending; and
(c) inform the offender about the impact of offending, from the
victim’s perspective.
Offence weapon public
Without lawful Or reasonable excuse has knife / offensive weapon / disable substance
Offence weapon private - 202,4B
Prima facie to commit offence or threat
General VS Reid
Arrest for obstruction not breach of peace if they haven’t breached peace yet
You have been unable to reach a employment resolution for your constable, who has the final say?
District Commander or National Manager
Define ‘control’ in regards to command and control
Sets priorities and objectives. Responsibility for coordinating response
‘Control’ refers to the responsibility for coordinating and directing the response to an incident. Control sets PRIORITIES and OBJECTIVES, and determines how best to implement them. Control includes the authority to assign tasks to another agency and to coordinate that agency’s wider actions so that it integrates with the wider response.
Define ‘Command’ in regards to command and control
Command is … the AUTHORITY and ACCOUNTIBILTY or effectively using available resources and for planning, organising, directing, coordinating and controlling Police resources to achieve the accomplishment of assigned tasks. Command also includes RESPONSABILITIES for the welfare, morale and discipline of assigned staff” (PEM/11/53).
S. 39 Crimes Act; who can use lethal force to effect an arrest?
Constables only
S48 for non constables
section 16 of the Evidence Act ( compelable?)
Can be not eligible but still compelable
operates to make a person unavailable as a witness if he or she is “unfit to be a witness because of age or physical or mental condition”. However, such people may still be compellable.
An associated defendant is not compellable to give evidence for or against a defendant in a criminal proceeding unless—
(a) the associated defendant is being tried separately from the defendant; or
(b) the proceeding against the associated defendant has been determined.
In this section, associated defendant, in relation to a defendant in a criminal proceeding, means a person against whom a prosecution has been instituted for—
(a) an offence that arose in relation to the same events as did the offence for which the defendant is being prosecuted;
(b) an offence that relates to, or is connected with, the offence for which the defendant is being prosecuted.
Evidence Act:
Section 73 therefore sets out a basic rule of non-compellability.
A defendant facing a criminal trial is an eligible but not a compellable witness for either “the prosecution or the defence in that proceeding” (s73(1) – so a defendant can give evidence but does not have to).
208 O/T
Section 208 of the CYPF Act requires that criminal proceedings should not be initiated unless there are no other means of dealing with a matter and any proceedings taken must take the least restrictive form appropriate to the circumstances.
S R v K (17 July
2002)
(Schnitzel Von Krumm as support person?)
K, a child suspected of homicide was asked to come to station for questioning.
K not was not arrested and not obliged to accompany.
support person deemed unfit. Police failed to ask K who he would choose as next support person - police can only nominate an option when CYP refuses to do so.
s.222 O/T (ARE YOU 22?)
(a)
if permitted to consult with the child or young person pursuant to section 221(2)(b), would attempt, or would be likely to attempt, to PERVERT the course of justice; OR
(b)
cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances,—
