important rando shit Flashcards
Immediate family in relation to a victim
immediate family -
victims family, whanau, or other cultrually recognised group in a close relationship with the victim
includes;
1. victims spouse, civil union, or defacto partner
2. child or step child
3. siblings and step siblings
4. parent or step parent
5. grandparent
Section 4 Victims rights act 2002
how does section 4 of the victims rights act apply in relation to family
if victim dies or oncapable as a result of the offence, immediate family becomes a victim for purposes of the act
secondly, subsections 30-48 which require notice be given of matters such as bail hearings or parole apply where the nature of the offence has lef the victim to have reasonably held ongoing fears as to the physical safety or security of of a member of his or her immediate family
Return of property held as evidence
- law enforcement agencies that hold property of a person (other than an offender) for evidentiary purposes must, to the extent that it is possible to do so, return it to the person as soon as practicable after they no longer need to hold it for those purposes.
- Subsection 1 does not apply if the person advises that he or she does not want the property returned
Section 51 victim rights act 2002
215A - What is it?
That if they ask for their rights you have to explain them again
List five situations when YBOR need to be explained
- Under arrest
- RGTS offence
- Before questioning them if you intend to obtain admissions
- When during questioning you RGTS - offence
- When they ask about any of 215 (however you only need to explain what they ask about. Not all the YBOR)
When do YBOR not need to be explained?
- EBA
- 342 Immigration Act
- Given within the previous hour
Section 214
That an officer shall not arrest a CYP unless it is necessary to: - prevent interference with witnesses - ensure appearance at court - prevent evidence from being CADDd - prevent further offending OR That Police RGTS that a 14+ offence (cat 3/4) has been committed AND that it is in the public interest.
When a young person has been arrested, how many days do you have to do the *YOUTH?
3 days
Under 214 (i-iii) what other consideration is there regarding whether you should arrest a CYP?
214(1) - That you can arrest only when proceeding by summons would not achieve the purposes listed in WEEP.
The principle to avoid arrest is waived in what circumstances?
- A cat 3/4 offence (must be 14+ years) AND that it is in the public interest.
Doli Incapax
- Under 10 - cannot be legally held responsible
- 10-13 - cannot be legally held responsible UNLESS they knew their act or omission was wrong or contrary to the law
How can a prosecutor establish that a child had the requisite knowledge to know what they were doing was wrong?
Mens Rea AND Actus Reus AND at the time of offending, knowledge of wrong or that the act/omission was contrary to law.
Who could give expert evidence to show that the child knew that what they were doing was wrong?
A psychologist
DO not question a child when:
- If the child has made a clear disclosure to an adult and that adult can give you the information DO NOT ask the child again what has happened to them
- IF it is unclear what the child has said and there are no urgent safety issues DO NOT question further
- If absolutely neccessary to speak to ascertain safety ask open ended questions
- DO NOT continue to question the child if it becomes clear while speaking to them that an offence has occured
Firearm v Airgun
Firearm: Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive
Airgun: Any weapon from which, by the use of gas or compressed air (and not by explosive) any shot, bullet, missile or other projectile can be discharged
