Mock Questions Flashcards
Constable A is dealing with a female who was seriously assaulted by her partner while she was holding her child. Her partner was arrested and bailed. Constable A believes the female will allow her partner back at her house. Constable A has fears for the child’s safety and believes the child could be injured if another incident ocurr’s. What should Constable A do?
It is dependant on the CIRCUMSTANCES and how CRITICAL it is - you will need to REVIEW the FH history. In this case you will APPLY for a warrant under s.39 POSW as well as advising MVCOT.
Police are called to a disorder at the local park at 1am. On arrival there are a group of males and one female drinking. The female is heavily intoxicated. After speaking to the males they don’t actually know the female. Police find out she is 17yo. What can they do?
REMOVE her under s.48, OT Act 1989 C&YP’s well being Act 1989 and RETURN her to her parents (with her consent).
Constable A has arrested a juvie under s.214A - arrest of C.YP in breach of bail conditions. Constable A believes that the child has breached a condition of that bail and has previously breached a condition of that bail on two or more previous conditions. What must a Constable A do?
Authority to arrest under this provision must be obtained from a Youth Aid Sergeant in the first instance or in their absence a supervising Sergeant (or above) or a qualified Youth Aid officer.
Constable A has arrested a juvie for burglary. The juvie has requested his 19yo brother as his nominated person. Can the juvy nominate his 19yo brother?
Yes as long as Constable A does not believe he will try and PERVERT the course of justice
S.231 - Persons who may be nominated for the purposes of s.229(1)(a). Subject to subsection (2) a child or young person may nominate one of the following persons for the purposes of s.229(1), a parent or guardian, an adult member of the family, any other adult selected by the CYP, if the CYP fails to nominate any person referred to above, any adult can be nominated by the Enforcement Officer.
Police response to FH is based on the following principles: (E.I,C,S,C,A,W)
- EARLY intervention
- CULTURALLY appropriate
- SAFETY
- COLLECTING risk information
- ACCOUNTABILITY
- WORKING collaboratively
Constable A attends a FH incident and the victim has been seriously assaulted at the scene. What type of evidence should Constable A look for to corroborate the victims allegations?
Corroboration is important if the victim becomes a reluctant witness. Information that may corroborate a FV victims allegation include: Medical exams & doctors reports, photographs of injuries, evidence from scene examination (photos), clothing, witness statements, 111 call, emails, text messages, phone records, internet browsing history, bank records, admission or other corroborating or damaging statements by a suspect
From 1st of July 2019 the definition of FV has been widened to include:
ILL-TREATING a house pet or other animal that is important to someone or their family. HARASSING behaviour such as LOITERING near where someone lives or works and DISRUPTING the care of someone who needs it because of their age, disability or health condition.
The definition also includes: one act or several acts that form a PATTERN or behaviour even if they seem to be minor or trivia; DOWRY-RELATED ABUSE and COERSION or CONTROLLING behaviour
What happens after a frontline safety plan is in place?
The approved FH investigations provide the BASIS for further action to be taken for a longer term safety plan
In Law notes, Police v Elliot (consent to remain on property - Protection Order). What did the court decide?
Police had not allowed a reasonable amount of time and dismissed the charge.
Under s.236 OT Act 1989 C&YP’s well-being Act 1989 - YP who is arrested may be detained in Police custody if a joint certificate is issued under subsection (1) there shall, WITHIN HOW MANY DAYS after the day which the certificate was issued be furnished by the delegate to the chief executive and by the constable to the Commissioner of Police?
5 days
Prevention First puts people, victims, offenders, our staff at the centre of our model. What make up the 3 components of the model?
- DEPLOY to beat demand
- TARGET the drivers of demand
- mindset: taking every opportunity to prevent harm
From PHPF framework F1 - Strategic Performance Template (SPT) is designed to help us?
The journey starts with the strategy framework and in particular the cascading of the Strategic Performance Template (SPT) is designed to help us better CONNECT our people/their team to ‘Our Business’.
The mindset in relation to Prevention First is too?
Taking every opportunity to prevent harm applies across all of our business
Our core values are?
Professionalism, Respect, Integrity, Commitment to Māori & the treaty, Empathy, Diversity
In relation to the Police Act 2008, S.8 - Principles. What was McDowell & Webb 2002 definition of Rule of law?
“Defines the RELATIONSHIP of the government to its people; that people in a SOCIETY should be governed by law and should be free from ARBITRARY government”
Under S.9, Policing Act 2008 - Functions of Police. What does that include? (P,P.S,E)
- keeping the PEACE
- maintaining PUBLIC SAFETY
- law ENFORCEMENT
In relation to our code of conduct, what SELF test questions can you ask yourself if in doubt?
- SCRUTINY: would your decision or behaviour withstand scrutiny and be seen as appropriate by others
- ENSURE COMPLIANCE:does your decision or behaviour comply with the code and other Police policy, General Instructions and procedural expectations
- LAWFUL: is your decision and behaviour lawful
- FAIR: is your decision or behaviour fair and REASONABLE
What is considered serious misconduct? (O,C,B,S)
- Being convicted of or pleading guilty to an OFFENCE
- CORRUPTION and accepting a bribe, inducement or reward
- BULLYING or harassment
- SEXUAL misconduct
Constable A hears his Sergeant making inappropriate comments. What should he do?
CHALLENGE the Sergeant on his/her comments. Any inappropriate behaviour should be challenged DIRECTLY with the employee committing the inappropriate behaviour as soon as it occurs. This sends a clear message to the employee and others that such CONDUCT is not acceptable. However there may be circumstances where this immediate challenge may not always be appropriate or possible. In these cases, the behaviour can be REPORTED using the SPEAK UP options.
Under Integrity reporting what is defined as inappropriate behaviour? (U,C.C,W,D)
- UNETHICAL behaviour (this includes behaviour that causes you to be concerned)
- behaviour which may breach the CODE OF CONDUCT
- serious WRONGDOING as defined by s.3 of the Protected Disclosure Act 2002
- Harassment, bullying and DISCRIMINATION
Can a supervisor or manager taking a report about inappropriate behaviour by a Police employee take details of the account? (N,N,T.D.P,F)
If appropriate obtain a FULL DETAILED ACCOUNT of the alleged inappropriate behaviour including:
- the NATURE of the inappropriate behaviour
- NAMES of people involved
- time, date, place of the inappropriate behaviour
- other relevant FACTS such as the circumstances in which the inappropriate behaviour occurred
What 3 main categories do rules of evidence fall under?
- HOW evidence may be given
- WHO may give evidence
- WHAT type of material may be given in evidence
Evidence may be in what form?
Evidence may be in oral, written or visual form
What is the (S.6) purpose of the Evidence Act 2006? (F,R,F,R,E)
The purpose of this act is to help secure the determination of proceedings by:
- providing for FACTS to be established by the application of logical rules
- providing RULES of evidence that recognise the importance of the rights affirmed by the NZBOR Act 1990
- Promoting FAIRNESS to parties and witnesses
- protecting RIGHTS of confidentiality and other important public interests
- avoiding unjustifiable EXPENSE and delay
- enhancing access to the law of evidence
Child witness A is 12yo. Is she old enough to take an oath or affirmation before giving evidence?
Yes, she is 12yo and must take an OATH or affirmation before giving evidence.
Witnesses UNDER the age of 12:
-must be informed by the judge of the IMPORTANCE OF TELLING THE TRUTH and NOT TELLING A LIE
-AFTER BEING GIVEN THAT INFORMATION MAKE A PROMISE TO TELL THE TRUTH before giving evidence
How many days do you have to get initial disclosure to defence after commencement of proceedings?
Generally no later than 15 working days after commencement of proceedings.
Can a child complainant who is giving evidence by way of AVL have both her parents supporting her in relation to where she is the victim of a sexual matter under S.79, Support Persons, Evidence Act 2006
Yes if PERMISSION is sought from the judge.
(1A) A child witness when giving evidence in a criminal proceeding is ENTITLED to have 1 person and may with the permission of the Judge have more than 1 person near him/her to give support.
(2A) Subsections (1), (1A) & (2) apply whether the witness or complainant gives evidence in an alternative way or in an ordinary way
What does veracity mean?
Veracity means the DEPOSITION to refrain from lying.
What is the definition of a hearsay statement?
A statement that was made by a PERSON OTHER THAN THE WITNESS and is offered in evidence at the proceedings to PROVE THE TRUTH OF ITS CONTENTS
s.73 - compellability of defendants and associated defendants in criminal proceedings, Evidence Act 2006. Is an associated defendant able to give evidence against the defendant?
Unless: the associated defendant is being TRIED SEPARATELY from the defendant or the proceeding against the associated defendant has been determined
For any search to be lawful you MUST?
Exercise a warrantless power or execute a warrant.
NOTE: When a statutory power exists to search you should use that power rather than relying on a consensual search as consent can be withdrawn by the person at any time
John has a fines warrant. Constable A has sighted his fines warrant and believes that John is at his girlfriends place. Under s.7 - entry without a warrant to arrest a person unlawfully at large can Constable A enter Johns girlfriends place without a warrant to locate him?
No, a fines warrant does not fall under the category of unlawfully at large.
-Unlawfully at large means: has an arrest warrant, has ESCAPED from prison or is ABSENT without leave, has escaped lawful custody, is a special or RESTRICTED patient and has escaped or failed to return from leave, is a care or special care recipient, is a YP who is subject to YC “supervision with residence” order and are ABSCONDING from CYF custody
Constable A has taken a report from a Bunnings staff member about a stolen lawn mower. He looks at CCTV that is 3hrs old and believes it is a suspect who he previously charged for theft. Constable goes to his house and sees something in his ute under the canopy. The ute is in the suspects garage. Can Constable use s.29, S&S 2012 - warrantless search of vehicle for stolen property?
No because the vehicle is on private property.
NOTE: This section is intended to allow you to search a vehicle in a public place. If the vehicle is on private property then you should seek a search warrant or use an alternative warrantless power.
s.29 meaning-RGTB that any stolen property is in or on any vehicle you may search the vehicle without a warrant
Constable sees 2 juvies ages 13yo & 14yo, who he knows has a history of shoplifting and sees they are both carrying backpacks and stops to talk to them. Both boys tell him they have come from school and are going to the supermarket. To make sure they are telling the truth, Constable asks to search their bags to which they consent. Is consent enough to search?
To investigate whether an offence has been committed or for any purpose in respect of which the enforcement officer could exercise o power of search conferred by an enactment if she or he held a particular belief or suspicion specified in the enactment.
- NOTE:You must have a reason to justify asking a person to consent to a search in any situation. You cannot randomly conduct a consent search and must not use a consent search to go on a “fishing expedition” to see what might be located.
- RESTRICTIONS:a person UNDER 14yo cannot consent to search a vehicle, place or thing. An EXCEPTION is only if they are found driving a vehicle and there is no passenger of or over the age of 14yo with authority to consent to the vehicles search.
You are executing a search warrant at a local tinnie house. While exercising the warrant a male arrives at the address and says he is there to visit his mate. Do you have the power to detain him?
Yes, to determine if he is connected to what goes on at the tinnie house.
- Powers of detention incidental to searches of place and vehicles: you may detain any person to determine whether there is a connection between them and the object of the search if the person:
- was there at the start of the search or arrives at the place or stops at, or enters or tries to enters the vehicle or place while the search is being carried out.
