General

Question 1

4 cardinal rules of firarms safety

Answer 1

1. treat all guns as loaded
2. point the muzzle in a safe direction
3. keep your finger outside the trigger guard until you are on target and have decided to fire
4. be sure of your target and what is around and behind it

Question 2

Section 39 CA 1961

Answer 2

Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him or her of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:

Question 3

Section 40 CA 1961

Answer 3

Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force as may be necessary—
(a)
to prevent the escape of that other person if he or she takes to flight in order to avoid arrest; or
(b)
to prevent the escape or rescue of that other person after his or her arrest—
unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner:

provided that, except in the case of a constable or a person called upon by a constable to assist him or her, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

Question 4

Section 48 CA 1961

Answer 4

Everyone is justified in using, in defence of himself or herself or another, such force as, in the circumstances he or she believes them to be, it is reasonable to use

Question 5

Section 62 CA 1961

Answer 5

Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.

Question 6

Section 41 CA 1961

Answer 6

Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he or she believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.

Question 7

AOS principles

Answer 7

1. better to take the matter too seriously than too lightly
2. all suspects who are believed to be armed are to be treated as dangerous and hostile until the contrary is definitely established
3. every effort must be made to prevent casualties
4. caution is not cowardice. when the actions of the offender permit time should be taken to cordon the area and the wait and appeal role should be adopted. Police should never go unnecessarily into danger. However, if the suspect is acting in a way that makes casualties likely police must act immediately to prevent this
5. any force used should be the minimum necessary to achieve the objective and reasonable under the cicumstances
6. no aos member may take part in any activity in an aos capacity without the authority of the OC AOS except in an emergency

Question 8

S18 S&S ACT 2012

Answer 8

A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:
(a)
search the person:
(b)
search any thing in the person’s possession or under his or her control (including a vehicle):
(c)
enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d)
seize and detain any arms found:
(e)
seize and detain any licence under the Arms Act 1983 that is found.
(2)
The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—
(a)
he or she is in breach of the Arms Act 1983; or
(b)
he or she, by reason of his or her physical or mental condition (however caused),—
(i)
is incapable of having proper control of the arms; or
(ii)
may kill or cause bodily injury to any person; or
(c)
that, under the Family Violence Act 2018,—
(i)
a protection order or a police safety order is in force against the person; or
(ii)
there are grounds to make an application against him or her for a protection order.

Question 9

S23 NZ BORA 1990

Answer 9

(1)
Everyone who is arrested or who is detained under any enactment—
(a)
shall be informed at the time of the arrest or detention of the reason for it; and
(b)
shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
(c)
shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
(2)
Everyone who is arrested for an offence has the right to be charged promptly or to be released.
(3)
Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.
(4)
Everyone who is—
(a)
arrested; or
(b)
detained under any enactment—
for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.

(5)
Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.