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Policing > General > Flashcards

General Flashcards

1
Q

What is your immediate action at a scene with a body?

A

Ascertain whether the subject is still alive and if so administer first aid. If not, note the position not the body.

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2
Q

How should envelope exhibits be secured?

A

Sealed with adhesive tape on all openings and sign across the tape.

Staples must NOT be used.

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3
Q

What action should be taken by someone who serves a summons and does not intend to carry out prosecution?

A

The person who issued the summons must take all reasonable steps to notify the person summoned of the decision before the date on which the defendant is required by the summons to appear.

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4
Q

When may a summons be issued?

A

A summons may be issued before or after a charging document is filed and no more than 2 months before the required court appearance.

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5
Q

At what in court proceeding do you elect a trial by jury?

A

An election under section 50 (jury trial for category 3 offence) must be made at the time of entering a not guilty plea, unless the defendant obtains the leave of the court.

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6
Q

What is the four roles of a support person for a witness?

A
  1. Reducing the witness’s anxiety
  2. Ensuring the witness’s well-being and that 3. they understand procedures
    Aiding your understanding of the witness’s needs
  3. Providing support to the witness leading up to court proceedings.
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7
Q

Are pre-trial admissibly hearings for jury trials or judge alone trials

A

For both.

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8
Q

Steps for a child or young person to select a nominated person.

A
  1. Selection: child or young person can consult with before, and have present during a lawyer or any person nominated by them, or both, of their choice.

Their guardian, an adult member of family or any other adult.

  1. Refusal: Police can refuse nominated person on basis that consult with nominated person would likely pervert the course of justice OR they cannot be located (can be waits in excess of an hour)
  2. Non-compliance: if child or young person does not nominate a person, ask them to nominate someone from the schedule of nominated persons held at the station. If they are unwilling to do that then select a person yourself from the schedule.
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9
Q

What are the steps when a nominated person arrives at the station for an interview?

A
  1. Introduce to child or young person and explain reason for interview.
  2. Explain their role.
  3. Give them a copy of ‘Guidance for Nominated Persons’ POL 388A and go through it with them.
  4. Explain the suspect’s rights and ask nominated person to go through with suspect to ensure they understand.
  5. Leave them alone for a reasonable time and when return ask nominated person to sign a copy of the ‘Guidance for Nominated Persons’ leaflet.
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10
Q

Should a support person for a special consideration witness be present in the room during an interview?

A

Yes, a person may be present to support a witness if the interviewer considers that it is in the interests of the witness AND the person is an appropriate person.

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11
Q

What must before a judge can require a plea to be entered?

A

That the defendant has had initial disclosure.

If the defendant is representing himself the court must be satisfied the defendant has…

  1. Been informed of rights to legal representation,
  2. Has fully understood those rights,
  3. Has had a reasonable opportunity to exercise those rights,
  4. Substance of charge must be read to the defendant.
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12
Q

When should you visually record an interview with a witness?

A

To maximise the quality of the evidence.

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13
Q

Should a support person for a child witness also be a witness in the investigation?

A

No. Adult, who is not a witness or suspect, won’t pervert course of justice and is available within reasonable period of time.

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14
Q

You must not ask questions that amount to cross-examination. R v Weaver 1956 set up what cross-examination means, which is?

A

Questions that amount to cross-examination, in the sense that certain facts are not accepted by Police and you are attempting to whittle down or to differentiate the answers already given.

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15
Q

What is the aim of case management discussions?

A

To determine whether the case will proceed to trial and make arrangements to resolve any issues before trial

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16
Q

R v Goodwin 1993, arbitrary detention was explained as…

A

When an officer tells a person in no uncertain words or conduct that they are not free to go.

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17
Q

Overriding principle of youth interview is…

A

Whether the youth was informed of their rights according to s215 OT Act

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18
Q

Recklessness question

A

Consciously and deliberately took an unjustified risk

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19
Q

The initial action team must not move exhibits unless…

A

They will be affected by the weather and cannot be packaged.

Preserve scene

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20
Q

A special consideration witness is one who…

A

Is affected by the nature of the offence or has personal characteristics affecting their ability to communicate easily.

About communication

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21
Q

Jo Brown example bruise to face and depression. Example of what?

A

Injury.

Actually bodily harm not necessarily limited to physical injures. Impaired state of mind victim can no longer go about their normal life, etc. Must be psychiatric injury, identified as condition.

Fear or distress will not meet test of actual bodily harm.

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22
Q

Initial action team locates male at scene. You should…

A

Arrest him and transport to station.

If suspect located, ID, apprehend and isolate from scene is priority.

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23
Q

An immediate statement taking from witness who is about to die…

A

Does not need to be signed to be admissible.

Because hearsay statement, the test of which is reliability (content and person who made it)

Consider recording statement to increase reliability.

Record any factors that demonstrate reliability or statement or maker

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24
Q

A witness with impairment is…

A

A witness entitled to special consideration from police and others.

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25
Q

Inventory of seized items s133 is to be given to the …

A

Occupier of place.

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26
Q

S117 allows you to secure place because…

A

SW being sought,
Present at address,
Believe CADD,

Powers may be exercised untill 6 hours, sw executed or sw refused

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27
Q

Initial action team brief oncoming staff. What is essential to integrity of crime scene examination?

A

Records of notebook details, observations and witness details

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28
Q

Representation refers to the behaviour of the interviewer who…

A

Allows the suspect to have a support person in the interview

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29
Q

How should a waterlogged document be packaged?

A

Sealed in an airtight container or bag

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30
Q

When is a person regarded as being detained?

A

If there is physical deprivation of their liberty,

Restrains on their movement,

Or

They have a reasonably held belief that they are not free to leave.

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31
Q

S110 SSA allows reasonable force to be used for purposes of carrying out a search and seizure in respect of…

A

Any property you can lawfully search

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32
Q

What is the priority of staff attending the scene of a serious crime scene?

A

The first priority will always be to ensure the safety of the attending Police members.

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33
Q

Section 33 Policing Act 2008

A

Police may detain person to obtain a person’s particulars, if GCTS imprisonable offence committed and being dealt with way of summons.

Failure to comply is an offence and person can be arrested.

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34
Q

Under section 131(2) a officer does not have to RAIN upon entry to a place or vehicle if?

A

If officer has RGTB

  1. No person is lawfully present in the place or vehicle.
  2. Compliance would endanger safety of any person.
  3. Compliance prejudice the successful exercise of entry.
  4. Compliance would prejudice ongoing investigations.
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35
Q

Section 127 Search and Surveillance Act 2012

A

If SW for vehicle, police may enter any place where RGTB the vehicle is for the purpose of locating vehicle and searching it.

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36
Q

Can you arrest a person for an unimprisonable offence?

A

Depends. Proceedings must be bought by way of summons unless other arrest powers, e.g., 114 LTA, 33 Policing Act.

Or unless there is a specific arrest power under an act like 114(6) LTA which power to arrest contravene 114 which is fine only.

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37
Q

Why is section 33 of the Policing Act important?

A

Because you detain persons when he intend to summon them for unimprisonable offences and demand their particulars, if do not comply then can arrest (imprisonable offence) Essentially arrest power for unimprisonable offences.

Remember you have to caution before arrest with this power.

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38
Q

Why is asking for explanation of a suspected crime from the suspect a good idea?

A

It can prove elements of offending by showing that the suspect did not have a reasonable excuse or lawful authority.

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39
Q

Power of arrest for imprisonable offences?

A

315 Crimes Act 1961

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40
Q

Power of arrest for Summary Offences Act 1981?

A

Section 39, can arrest person if suspect committed offence against Act.

Unless certain sections, 32-38 (main ones) which the suspect needs to fail to provide details or provide false ones.

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41
Q

Main Summary Offences Act offences require false or failed particulars?

A

32 Excreting in public place
34 Throwing stones
35 setting off fireworks (likely to cause alarm or injury to ANY person)

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42
Q

Litter Act 1979

A

Can request name and address of person who litters, and that they remove litter (section 7).

Offence to deposits ANY litter in public place or in private place without occupier consent (section 15(1)). Fine only, summons.

Offence against 15(1), and is likely to endanger ANY person, or cause physical injury or disease), is offence. Imprisonment.

Offence to wilfully break bottle in public place without lawful excuse, or private place without consent of occupier. Imprisonment.

Fail to comply with section 7 request is offence. Fine only, summons.

Strict liability for sections 16 and 17, protection doesn’t need to prove intent (section 19A).

However, defence against section 19A if depositing was beyond persons control, not foreseen, or in emergency.

Can seek order through court for person to remove litter, or pay for it’s removal.

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43
Q

Land Transport Act 1998 particulars

A

Section 114 allows to request particulars of driver. Failure to provide or provide false particulars if offence under section 52A, fine only. 114(6) allows officer to arrest person for failure to comply or provide false information under 114.

Section 113(2)(a) allows officer to direct person on a road to give particulars. Failure to do so is an offence under section 52, which is fine only.

So can ask particulars of passengers and driver. Fine only offence to not comply. Power of arrest only for driver. Detain for passenger under section 33 Policing Act 2008.

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44
Q

Officer using mobile phones

A

Defence under Land Transport (Road User) Rule 2004
Section 7.3A
An enforcement officer may, while driving a vehicle, use a mobile phone (for phone call only) in the execution of the officer’s duty.

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45
Q

Use of overseas licences

A

A person who holds a valid and current overseas licence can drive the vehicle class(es) in New Zealand for a maximum of 12 months from date of entry into New Zealand (section 88(1)).

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46
Q

If a driver has a medical event?

A

Can forbid to drive and require licence be reviewed by Transport Agency (as per road safety directive)

Section 121(1)(a)(i)(A) forbid incapable of having proper control of vehicle. Can take possession of keys and immobilize vehicle. Driver can be arrested if does not comply.

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47
Q

Are taking keys from running vehicle advisable?

A

No.

Request driver to turn off vehicle and hand over keys.

If vehicle off, then can attempt to grab keys.

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48
Q

When MUST you seize a vehicle?

A

Eight common reasons, section 96 LTA:

Driver disqualified
Driver suspended
Driver revoked
Driver forbidden
EBA third and sub within 4 yours
Alcohol interlock license
Unnecessary exhibition of speed or acceleration (race)
Sustained loss of traction

All have a power to arrest and all are imprisonable offences apart from driving forbidden (fine only).

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49
Q

When MAY you seize a vehicle?

A

Section 96(1AB), failing to stop, if BORG that a person driving vehicle failed to stop.

Remember failing to stop is fine only but power of arrest under section 114(6).

50
Q

Section 122 LTA

A

May seize a vehicle in emergency situations for 12 hours.

51
Q

Section 123 LTA

A

Can seize vehicle for up to ten working days, as is necessary to preserve evidence OR to establish cause of serious traffic accident if BORG vehicle involved in hit and run OR driver failed to stop.

52
Q

Section 119 LTA Powers of Entry

A

119(1) GCTS failed to stop and EBA, and freshly pursuing. Can (2) enter place and carry out EBA process

119(3) enter place without warrant to seize vehicle, if freshly pursing, likely CADD vehicle, and BORG vehicle was to be used in commission of imprisonable offence

If can’t enter under 119(1) or 119(3), then obtain search warrant under section 119(5).

Search warrant in Police Forms word S&S, can apply to seize under various sections 119, 123, etc.

53
Q

Section 66 Arms Act 1983

A

For purposes of Arms Act,

Every person occupying a building OR driver of ANY vehicle

Where firearm, restricted weapon, etc., found

Shall be deemed to be in possession of that item

Unless they PROVE that it was not their property and in possession of an other person.

Remember that it must be proved beyond reasonable doubt that person occupied building or was driver of vehicle at time firearm found, as this is first required before using section 66.

54
Q

Where is the list of restricted weapons held?

A

Arms (Restricted Weapons and Specially Dangerous Airguns) Order 1984

This also includes a list of specially dangerous airguns

55
Q

What are some restricted weapons listed section 2 of Arms Order 1984 Act?

A

Grenades
Molotov cocktail
Mines
Tasers (under section 8 is a general require of such weapons like a taser)

56
Q

When does police activity count as a search?

A

When it invades a reasonable expectation of privacy (Supreme Court)

57
Q

Which offence, upon a second conviction for, provides a mandatory sentence of imprisonment?

A

Section 202A(4) of the Crimes Act 1961.

Possess offensive weapon.

Max imprisonment 2 years.

58
Q

What are representative charges?

A

As listed under section 20 of the Criminal Procedure Act 2011.

Representative charges may only be filed if the prosecutor is unable to particularise the charges or if it would be unduly difficult to separate the charges.

59
Q

Dog Control Act 1996

A

Dog Control Act 1996

Police officers are NOT dog control officers.

It is an offence (fine only) under section 54A if the owner of a dog in a public place does not carry a leash.

Section 57 outlines that a person may, for the purpose of stopping an attack, SEIZE or DESTROY a dog if the person is attacked by the dog OR the person witnesses the dog attack any other person or wildlife that isn’t a pest. The owner of the dog commits an offence (fine only) if this occurs.

Section 73 outlines that no person who is entitled under the Act to destroy a dog (section 57), who does so in a reasonable manner, or who injures the dog in the course of attempting to destroy it shall be under criminal or civil liability for the injury or death.

60
Q

Chief Justice’s practice note on Police questioning

A

Section 30(6) of Evidence Act 2006 outlines that in deciding whether a statement obtained by a member of the Police has been obtained unfairly for the purposes of that provision, the Judge must take into account guidelines set out in practice notes on that subject issued by the Chief Justice.

There are five practice notes:

  1. A member of the police investigating an offence may ask questions of any person from whom it is thought that useful information may be obtained, whether or not that person is a suspect, but must not suggest that it is compulsory for the person questioned to answer.
  2. Whenever a member of the police has sufficient evidence to charge a person with an offence or whenever a member of the police seeks to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions.
  3. Questions of a person in custody or in respect of whom there is sufficient evidence to lay a charge must not amount to cross-examination (attempt to wither down or differentiate answers already given).
  4. Whenever a person is questioned about statements made by others or about other evidence, the substance of the statements or the nature of the evidence must be fairly explained.
  5. Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should preferably be recorded by video recording unless that is impractical or unless the person declines to be recorded by video.

Where the statement is not recorded by video, it must be recorded permanently on audio tape or in writing.

The person making the statement must be given an opportunity to review the tape or written statement or to have the written statement read over, and must be given an opportunity to correct any errors or add anything further.

Where the statement is recorded in writing, the person must be asked if he or she wishes to confirm the written record as correct by signing it.

61
Q

How often do FLICNOs review?

A

every 10 years.

62
Q

Definition of air gun

A

Discharge by use of gas or compressed air.

63
Q

Definition of pistol

A

Firearm held in one hand and less than 762mm in length

64
Q

Definition of MSSA (now restricted weapon)

A

Firearm with one or more of, folding telescopic butt, bayounet lugs, flash suppresor, free standing pistol grip, magazine holds >15 .22 or >7 other calibre.

65
Q

Ages for Arms Act

A

0-15 cannot own firearm or airgun, but can use under immediate supervision.

16-17 requires licence for both.

18 and above requires licence for firearm, but not for airgun.

66
Q

Detox legislation

A

Section 36 of the Policing Act 2008

Detox; may, TAKE intoxicated person, in public place/trespassing on private, and person is incapable protect self/cause physical harm to others/property, 1 to 1Ks home address UNLESS no reasonable (no one to care for), 2 a temp shelter UNLESS ibid, 3 a police station for up to 12 HOURS or until person ceases to be 1K: gives rights as detained, if still 1k after 12hours MP must recommend if 1k further detained 12hours

67
Q

Power to seize alcohol?

A

Section 45 of Summary Offences Act, power to seize alcohol and container.

68
Q

Defence to excreting in public place

A

32(2): defence against 32(1)Excrete in public place that offender had reasonable grounds for believing they would not be observed.

69
Q

Must a person be informed of the reason they are arrested?

A

Yes.

Section 316 Crimes Act 1961

Unless it is impractical to do so.

70
Q

Possession of instruments

A

WITHOUT AUTHORITY OR REASONABLE EXUSE, HAS IN HIS OR HER POSSESSION, ANY INSTRUMENT CAPABLE OF BEING USED FOR BURGLARY, WITH INTENT TO USE IT FOR SUCH PURPOSE

71
Q

Defence to use force for trespasser

A

Section 56 Crimes Act 1961

Justifying use of force to prevent any person from trespassing or to remove them from. You must not strike or do bodily harm.

72
Q

Children and Crimes Act offences

A

No child under 10 convicted of offence; alleged party to that offence is guilty of offence

No child 10-13 convicted of offence unless knew offence was wrong (EXCLUDES; 10+: murder/manslaughter, 12-13: max pen life/14yrs, 12-13+previous-offence: max pen at least 10 not exceeding 14. alleged party to that offence is guilty of offence

73
Q

Is it offence to drink alcohol in vehcile?

A

Not if private.

Yes if transport vehicle, unless they have a licence.

74
Q

Defence for arresting the wrong person

A

Section 30 Crimes Act 1961, of arrest, believing in good faith and probable grounds, person named in the warrant, protected from liability

75
Q

TENR acronym

A

Threat:
Intent, capability, opportunity, physical environment.

Exposure:
Safety, security

Necessity:
Now, later, or not at all

Response:
Proportionate, timely, and reasonable

76
Q

R v McGaw (2000) High Court outlines 4 recommendations for Summary of Facts.

A
  1. The summary must clearly state the position of the prosecution as to the facts (ingredients of offending).
  2. The courts only want to know the ultimate facts, not the process by which they were ascertained.
  3. It may be appropiate to file an amended summary, as a result of continuing investigation and negotiations with the defence.
  4. For drug cases sentencing turns largely upon the types, quantities, and values of the drugs concerned, the specific occasions upon which offences were committed, the overall periods of dealing or offending, the role played by the defendant, the profit made, and the defendant’s relationship to any others in the drug hierarchy.
77
Q

10 things to check with a Summary of Facts POL 262

A
  1. Relates to the charging documents.
  2. Covers all the elements of the offending
  3. Provides a fair, accurate, relevant description of the defendant’s actions.
  4. Does not contain emotive language.
  5. Addresses any aggravating and mitigating circumstances.
  6. Follows a logical sequence and reads well.
  7. Is supported by admissible evidence)
  8. Refers to defendant’s explanation
  9. Includes details of orders
  10. Has a separate reparation sheet for victim.
78
Q

What section of the Arms Act 1983 outlines requirements of address recording with Police

A

Section 34 of the Arms Act 1983 outlines that a holder of a firearms licence who changes their address must, within 30 days, give written notice of the change to a member of Police. It is an offence to contravene this requirement.

79
Q

What does ADVOKATES stand for?

A

A
Amount of time under observation
How long did the witness have the suspect in view?

D
Distance
What was the distance between the witness and suspect?

V
Visibility
What was visibility like at the time? (including time of day, street lighting, etc)

O
Obstruction
Were there any obstructions to the view of the witness?

K
Known or seen before
Had the witness ever seen the suspect before? If so, where and when?

A
Any reason to remember
Did the witness have any special reason for remembering the suspect? (e.g., a distinguishing feature or peculiarity, or the nature of the incident itself)

T
Time lapse
How long has elapsed since the witness saw the suspect?

E
Error or material discrepancy
Are there any errors or discrepancies between descriptions given in the first and subsequent accounts of the witness?

S
Salience
It is important to examine how salient a person is within an event scene. Were there 5 armed robbers at the scene or only 1? A person can only process so much information at one time due to limited processing capacity.

80
Q

Are you allowed to capture photographs when exercising a search power?

A

Yes.

Section 110(j) Search and Surveillance Act 2012

to take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing searched, and of any thing found in or on that place, vehicle, or other thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the entry and search.

81
Q

What power allows you to obtain particulars at a police station?

And what are particulars under the section?

A

Section 32 Policing Act 2008

Particulars such as name, address, date of birth.

Fingerprints

AND

Photographs

82
Q

Section 32 Policing Act 2008 allows Police to obtain, and use force if necessary to obtain, particulars.

Section 33 Policing Act 2008 allows Police to detain a person to obtain their particulars, again may use force and only detain for as long to obtain the particulars.

Is failure to comply with these sections an offence?

A

Yes.

Under 32(4) and 33(4) both are offences that carry a term of imprisonment (6 months).

Meaning there is a power of arrest.

However, the person must first be cautioned before committing the offence, and is therefore necessary to prove.

83
Q

Do Police have to obtain particulars?

A

No. Section 32(2) states MAY, however the obtainment of the particulars MUST be reasonable in the circumstances.

Police policy directs particulars should be obtained unless there is a reason not to.

It is good practice obtain particulars as necessary to prove that the person you have arrested is in fact who they say or look like in NIA.

If this needs to be done then it will be necessary to take to Greymouth as to use Livescan to instantly identify who the person is.

84
Q

When searching a person after arrest what should, or might be, a mandatory tool to use before placing a person in a cell?

A

The metal detector wand.

85
Q

Section 110 of Search and Surveillance Act 2012

A

Search powers

Every search power authorises the person exercising it:

(a) to enter and search the place, vehicle, or other thing that the person is authorised to enter and search, and any item or items found in that place or vehicle or thing, at any time that is reasonable:
(b) to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi):
(c) to use any force in respect of any property that is reasonable for the purposes of carrying out the search and any lawful seizure:
(d) to seize anything that is the subject of the search or anything else that may be lawfully seized:
(e) to bring and use in or on the place, vehicle, or other thing searched any equipment, to use any equipment found on the place, vehicle, or other thing, and to extract any electricity from the place, vehicle, or other thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search:
(f) to bring and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching for law enforcement purposes and that is under the control of its usual handler):
(g) to copy any document, or part of a document, that may lawfully be seized:
(h) to use any reasonable measures to access a computer system or other data storage device located (in whole or in part) at the place, vehicle, or other thing if any intangible material that is the subject of the search may be in that computer system or other device:
(i) if any intangible material accessed under paragraph (h) is the subject of the search or may otherwise be lawfully seized, to copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination):
(j) to take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing searched, and of any thing found in or on that place, vehicle, or other thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the entry and search.

Acronym: EAF SED CAIP
Enter and search
Assist
Force
Seize
Equipment
Dog
Copy
Access a computer system
Intangible material
Photographs, etc
86
Q

Section 125 of Search and Surveillance Act 2012

A

Special rules about searching persons.

If exercise a power to search a PERSON, then must RAN (more accurately NAR), identify by name or unique identifier, state name of act, and reason for the search, unless it is impracticable to do so.

Section gives general powers same as section 110.

Of note when doing a section 11 search you don’t need to NAR.

87
Q

What is the evidential test?

A

Is the admissible evidence sufficient to provide a reasonable prospect of conviction?

In other words, if a court (either judge or jury) was presented with all the admissible evidence, could they reasonably be expected to be satisfied beyond reasonable doubt that the individual who is prosecuted has committed the offence alleged?

If the evidential test:

is not met, the charge cannot be filed
is met, then the public interest test must next be considered.

88
Q

What is the public interest test?

A

The prosecution is required in the public interest.

It is not necessary or appropriate to prosecute all offences for which there is sufficient evidence. Police must exercise their discretion as to whether a prosecution is required in the public interest. Considering whether the public interest requires a prosecution is often difficult and requires considering a number of factors about the offender, the offence, and the victim.

89
Q

Section 39 Crimes Act 1961

A

Justifying use of force when carrying out an arrest or executing a warrant.

Power to use force when carrying out a search AFTER they have been arrested.

90
Q

Section 40 Crimes Act 1961

A

Justifying use of force to prevent a person trying to avoid arrest or to escape after arrest.

91
Q

Section 41 Crimes Act 1961

A

Justifying use of force to prevent suicide or certain offences.

THIS IS NOT POWER OF ENTRY

92
Q

Section 42 Crimes Act 1961

A

Justifying use of force to prevent breach of peace from continuing or restarting.

93
Q

Section 48 Crimes Act 1961

A

Justifying use of force in self-defence or the defence of another.

94
Q

Section 62 Crimes Act 1961

A

Everyone 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.

REMEMBER 62 does not specify an offence, just says you are liable

95
Q

Section 42 Crimes Act 1961

A

Breach of peace. It is essentially violence of threatened violence.

Power to arrest for breach of peace.

Not an offence.

“The conduct in question does not itself have to be disorderly or a breach of the criminal law. It is sufficient if its natural consequence would, if persisted in, be to provoke others to violence, and so some actual danger to the peace is established.” Percy v DPP

96
Q

Section 10B Summary Offences Act 1981

A

Children Left Unaccompanied:

being parent/guardian of a child under 14,

leaves the child,

without making reasonable provision for the supervision and care of the child,

for a time that is unreasonable or under conditions that are unreasonable regarding all circumstances,

is an offence.

97
Q

Section 109 Mental Health Act 1992

A

Mentally Disordered People in Public; police may apprehend, in public place, behaving manner RGTB 1M, RGTB interest of person or public

98
Q

Section 41 Mental Health Act 1992

A

Assiting DAO; DAO call upon police, enter premises by force, detain person at premises or take person to other place for assesment by DAO.

CAN DETAIN FOR 6HRS MAX!

99
Q

Section 21 Bill of Rights 1990

A

Every person should be secure against unreasonable search and seizure of their person, property or correspondence.

100
Q

Section 22 Bill of Rights 1990

A

Everyone is protected from arbitrary or random arrest of detention.

101
Q

Section 23 Bill of Rights 1990

A

People arrested or detained under any enactment have rights and must be informed of those rights.

102
Q

Section 24 Bill of Rights 1990

A

People charged with an offence have certain rights and must be informed of their rights.

103
Q

Section 29 Bill of Rights 1990

A

basic freedoms and rights: e.g. freedom of thought, right to life, vote, free from discrimination, justice, protection, etc.

104
Q

Section 9 Bill of Rights 1990

A

Everyone has the right no to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment

105
Q

Everyone deprived of liberty shall be treated with what?

A

Section 23(5) Bill of Rights Act 1990

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

106
Q

When approaching a person and ascertaining that they have been stabbed or shot, what action should you undertake other than administer first aid and call for an ambulance?

A

Carry a firearm.

107
Q

Blood that generally squirts from a wound is?

A

An arterial bleed.

108
Q

What should you do when finding an embedded object in a person?

A

Do NOT remove the object.

Plug the wound with bandages and call for assistance.

109
Q

When applying a tourniquet to the legs what should you check and remove?

A

Items in pockets.

110
Q

When ascertaining if a person has an injury how much clothing should you remove to do so?

A

Only as much necessary, ensure the patient’s privacy.

Always ask permission if appropriate.

111
Q

What does DRSABCD stand for?

A

D
Danger

R
Response

S
Send for help

A
Airway

B
Breathing

C
CPR or circulation

D
Defibrillation

112
Q

What is the primary consideration when administering first aid?

A

Danger, to self or others.

Remember DRSABCD, D

113
Q

Assault on a person in family relationship

A

Section 194A Crimes Act 1961

Everyone is liable to imprisonment for a term not exceeding 2 years who—

assaults another person

AND

is, or has been, in a family relationship with that other person.

In subsection (1), family relationship has the same meaning as in section 12 of the Family Violence Act 2018.

114
Q

Unlawful interference

A

226(2) Crimes Act 1961

Every one is liable to imprisonment for a term not exceeding 2 years who attempts to commit the offence in subsection (1) or who, dishonestly and without claim of right, interferes with, or gets into or upon, any vehicle, ship, or aircraft.

115
Q

Noise control six critical points.

A
  1. Noise control is the responsibility of local government (under the Resource Management Act 1991).
  2. Police act in a SUPPORT role only to support enforcement officers. Police may be called to incidents that they would normally deal with that accompany noise such as vehicle or behaviour offences.
  3. Police do NOT prosecute noise related offences.
  4. A constable is NOT an enforcement officer under the Act.
  5. Only enforcement officers can serve abatement notices.
  6. Police can use force that is reasonable if required to enforce the Act.
116
Q

Mental Health Act powers at:

  1. Public place?
  2. Doctor of DAO request?
  3. Consent from occupier?
  4. No consent from occupier?
A
  1. Section 109 (wandering at large). If mentally disordered, detain, take to facility for assessment, up to 6 hours.
  2. Power to enter place, detain person, take to facility for assessment, up to 6 hours.
  3. Assess person. Contact DAO and seek advice. With subject’s consent take to facility for treatment.
  4. Implied licence to approach property. If consent withdrawn or denied, you MUST leave.. Contact DAO to attend or for advice.

Unless emergency then section 14 Search and Surveillance Act 2012.

117
Q

Trespass Act 1980

When is a person trespassing committing an offence?

A

Section 3, after been warned to leave by an occupier and refuses to do so.

Section 4, after been warned to stay off, wilfully trespasses within two years of warning.

Essential two different types of trespass, following warning to leave or warning to stay off.

118
Q

Defences to trespass?

A
  1. Necessary to remain for their protection or protection of other person.
  2. Emergency involving their property or property of other person.
119
Q

Does a person trespassing have to provide the occupier or Police their particulars?

A

Yes, section 9 Trespass Act 1980.

An occupier of any private land, or any constable, MAY require he trespasser to provide their name and place of abode.

AND if in possession of firearm their FLICNO number.

Offence to fail to provide details or to provide false details.

Power of arrest, if cautioned.

120
Q

What are the penalties for trespassing offences?

A

Against section 3 and 4, fail to leave after warned to leave or warned to stay off is IMPRISONABLE.

Against section 9 obligations of particulars is fine only, but power of arrest.

So power of arrest for Trespass Act 1980.

Policing (7 decks)

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