NZ Police Study Flashcards
Attending Incident En Route
Obtain: description of suspect, vehicle, direction of travel & any weapons carried.
Watch for vehicles from the scene and note
Discuss responsibilities and plan
Safe forward point
Attending incident: on arrival
Advise comms (get response)
Take radio and torch
Stop and take notes (SITREP)
Ask for informant
Attending Incident: Obtain Info
Brief facts
Ask to identify victim/offender (direction & whereabouts)
Find location of scene & victim
Keep informant occupied
Control
All movements to & from the scene
All activity in contained area
Freeze
Keep scene in original state
Preserve
All relevant exhibits
Scene Guard
Protect scene
Control entry/ exit point and unauthorised people
Delegate tasks and brief those needed
Control: people at the scene/ and leaving
Freeze: remains in original state
Preserve: any evidence that may be destroyed or start to decay.
Intentionally:
Deliberate act without lawful justification, excuse or claim of right.
OR
Reckless act, consequences are known but act any way
Graffiti, Vandalism & Tagging
Damages or defaces any building, structure, road, tree, property or other by writing, drawing, painting, etching or otherwise marking it.
Without lawful authority
Without consent of occupier/ owner.
Victims rights section 7
Courtesy & Compassion (treat victims with and respect for personal dignity/ privacy.
Victims Rights section 8
Access to services welfare, health, counselling, medical and legal assistance.
Victims Rights Section 11
Inform victims of the services available to them.
Victims Rights 12
Supplying info: progress of investigation, charges files, action taken, their role etc
Victims Rights 51
Return property held for evidential purposes.
Purpose of arrest
To deprive people of their liberty (state, formally touch or agreement)
Crimes Act S316
Any person who is arrested must be informed at the time of arrest unless obvious or impractical.
Must provide warrant as proof of arrest ASAP
Crimes Act S315
Power of arrest without warrant.
(2) (a) they find
(2) (b) good cause to suspect
1. Disturbing or breaching peace
2. committing any offence punishable by imprisonment
Summary Offences Act S39
Powers of arrest without a warrant (1) good cause to suspect (2) within view Committed a crime against this act False details or failure to provide details
Bill of rights S23
Arrested must be given their rights/cautioned immediately.
Youth Justice Principle
Dealt in a way that acknowledges their needs.
Held accountable and encouraged to accept responsibilities.
Youth Justice Age
Child: under the age of 14
Youth: 14 or over but under the age of 17
Under 10: cannot be convicted
10-14: NO conviction unless they knew their actions were wrong/ against the law
Oranga Tamariki Act S215
Informed of rights:
- RGTS CYP has committed and offence
- Before asking questions intended to obtain admission of offence.
- During questioning forms ground to believe involvement in offence.
Oranga Tamariki Act S214
Powers of arrest (no arrest unless):
- Ensure appearance in court
- Prevent further offences
- prevent loss/destruction of evidence
- prevent interference with witnesses
- required for public interest
- category 3/4 offence
e. g runs from scene, refuses search of stolen property on them.
Youth Justice Admissibility
Not admissible unless:
1. Rights/ Caution explained
2. CYP allowed to consult with solicitor or nominated person.
3. Statement made in presence of lawyer or nominated person.
Exception: spontaneous statement
Nominated person: makes sure CYP aware of their rights
Care & Protection Principle
The welfare and interests of CYP shall be the first and paramount consideration.
Care & protection age
Child: under 14 years
Youth: 14 and over but under age of 18
Oranga Tamariki Act S14
In need:
- Being pr likely to be harmed, ill treated, abused or seriously deprived.
- Development being or likely to be impaired or neglected (serious & avoidable)
- Difference between parents etc about views of care
Oranga Tamariki Act S42
Search without warrant:
- RGTB it is critically necessary to protect CYP from injury or death.
- Enter & Search
- Building, house, ship etc
- Remove or Detain
- Place in custody of OT
Oranga Tamariki Act S39
Safe Place Warrant:
- Any person authorised by warrant
- Enter & Search
- Building etc
- RGTB CYP has suffered or will: ill treatment and or serious deprivation/ neglect.
- Remove or Detain
- Place in OT Custody
Oranga Tamariki Act S48
Unaccompanied:
1. CYP found without parent, caregiver or other
2. In a situation which could impair their physical/ mental health.
3. Constable may TAKE
4. With consent & DELIVER into custody of parents etc
5. No consent or unwilling parents = PLACE in OT custody
Detained under enactment so need rights/caution.
Summary Offences Act S10B
- Carer of child
- leaves child
- without making reasonable provisions for supervision
- for a time that is unreasonable poor conditions
Depends on length of time left and only applies to CHILD
Land Transport Act S114
Stop and demand details:
Can demand (driver): full name, address, DOB, number, occupation, owners details, details that will identify owner (particulars)
Uniform, hat, helemt, cap displaying badge OR blue & blue and red lights/ siren
Can remain stopped for as long as reasonably necessary to obtain info (identity only = 15 mins)
114(6): arrest if fails to stop, refuse to provide details/ supplies false details.
Land Transport Act S113
General powers:
Officer in uniform can enforce the Acts if an offence has been committed.
Can demand details of the person who committed offence.
D (direct to provide details)
I (inspect: test and examine)
M (Authorise another to move if obstructing)
D (remove vehicle from road)
F (forbid unlicensed driver)
F (forbid driver under wrong licence)
D (pedestrians)
Arrest under 116 (failed to comply)
Land Transport Act S115
Green Sticker (POL650) believe fails to comply with regulations/ rules (defective) cancel WOF. Pink Sticker (POL555) believe is unsafe condition to be driven (illegal modifications), need new evidence of approval.
Land Transport Act 121
Keys and forbidding (FARMED): Believe they have poor mental and physical condition (lack control or refuse tests) F (forbid) A (all keys) R (render vehicle immobile) M (move) E (eba) D (direct to specified rest area) Arrest if they fail to comply
Land Transport Act S118
Hirer Vehicle:
Owner or hirer to supply info that will lead to apprehension within 14 days.
Pursuit: immediately
Land Transport At S95
Licence suspension 28 days:
Excess blood/ breath alcohol levels (also relevant offences)
Failed/ refused blood alcohol test
Over 40 & 50 kmh of permanent speed
Land Transport S96
Seizing 28 days:
Disqualified from holding a licence
Suspended or revoked driver
Excess breath/ blood alcohol and has 2 previous convictions.
Operated in race, unnecessary speed (boy racer)
Land Transport S122
Seize for 12 hours:
best interest for public safety
Land Transport S123
Seize for 7 Hours:
preserve evidence, enable scientific exam, serious traffic accident, failed to stop.
Search & Surveillance Act S125
NARI then caution the person
Search & Surveillance Act S11
Custody Search (warrantless):
Can search who has been or is to be taken into lawful custody (before they are locked up)
11(3) can also conduct search after lock up (RGTS been in contact with other prisoners, has something harmful on them or hasn’t been searched).
NO 169
Search & Surveillance Act S8
Entry without warrant to avoid loss of offender or evidential material.
C.A.D.D (conceal, alter, destroy, damage)
Suspect offence and believe loss of offender or evidence.
YES 169
Search & Surveillance Act S7
Entry without warrant to arrest person at large (WANTED)
Suspect at large and believe they are at specific place allows you power to enter WW.
YES 169
Search & Surveillance Act S85
Rub down search of arrested or detained:
Ensure not carrying anything that may harm any person or facilitate escape.
NO 169
Search & Surveillance Act S88
Rub-down search of arrested or detained for evidential material:
Believe they have evidential material relating to offence, may harm any person or facilitate escape.
Search & Surveillance Act S92
Purpose of consent search:
Investigate if offence has been committed
Protect life or property
Prevent injury or harm
Search & Surveillance Act S93
Advise must be given for consent search:
Determine purpose under 92, advise reason why and can refuse.
Search & Surveillance Act S14
KICK IN THE DOOR
WW to prevent offences or respond to risk to life or safety:
RGTS offence likely to cause injury OR serious damage to or loss of any property OR risk to life or safety (evert emergency)
Assault Definition
Acts of intentionally applying or attempting to apply force to another directly or indirectly.
OR
Threatening to apply such force and ability to carry it out.
Transferred Malice
Liable to offence if necessary mens rea & acts reus are present even if victim differs from intended e.g punching wrong person.
Consideration for assault charge
- Intent
- Weapons and degree of force
- Injuries
Implied Consent:
Consent the is inferred from signs and actions.
Pubic Place:
- Open and being used by public
- Free or entry fee
- Owner can lawfully exclude and eject
- Aircraft, hovercraft, ship, ferry, train, vehicle
- Can carry and available to carry passengers
- Interior of nay vehicle in PP
Dealing with a fight
- Separate parties involved
- Interview, hearing each side
- Find independent witness
- Note physical & mental state
Street disorder consideration:
Time, place and circumstances rule (disorderly behaviour in one setting may not be in another)
Discretion
Staff safety
Disorderly Assembly
Group situation of 3 or more and present fear of violence or disorder will occur:
In public place
Manner that causes fear
Dishonestly:
Acts without belief there was authority or consent from owner.
Without Claim of Right:
No belief in a right to own or possess the property.
Ownership:
- Possession or control of property
- Any interest in property
- Right to take possession or control
Theft Complaints
Report: location, obtain suspect details, time, items stolen.
En route: watch for offender, maintain communication
At scene: offender still present? speak to informant.
Check for discarded property, footwear/ vehicle impressions, fingerprints.
What was stolen, MO
Burglary Scene Examination
Type of premises Park a short distance away, approach in silence, co-ord with others to prevent escape. How did offender approach? Point of entry? Finger prints & other evidence Fully interview victim (offence report) Area enquiries & Preserve evidence
Crimes Act 1961 S56
May use reasonable force to prevent any person from trespassing or to remove from property.
Trespass Act S9
Can demand name, address and firearms licence.
Refuses or fails to comply - Caution - arrest without warrant:
1. fail/ refusing to comply
2. giving false details
3. wilfully giving unprecise details.
Robbery Procedures:
Receiving info: obtain as much as poss
On arrival: Victim first (preserve life, protect & Interview)
Scene: freeze, control, preserve.
Witnesses: obtain full particulars, interview separately.
Suspects: separate and contain (rights, search)
Guilty Knowledge:
Proved by:
- direct evidence (footage)
- Circumstantial evidence (purchased under value, amount of property).
Not Receiving:
Under control of an agent (police or owner)
Converts property
Doctrine of Recent Possession:
Found in possession of property that has been recently stolen is sufficient evidence for theft or receiving
- accepted as circumstantial evidence
- provide explanation or be charged
- car or tool within 3months of report
Uses:
Gains possession or control of property but then exceeds authority or conditions given by owner by using it.
