NZ Police Study Flashcards

1
Q

Attending Incident En Route

A

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

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2
Q

Attending incident: on arrival

A

Advise comms (get response)
Take radio and torch
Stop and take notes (SITREP)
Ask for informant

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3
Q

Attending Incident: Obtain Info

A

Brief facts
Ask to identify victim/offender (direction & whereabouts)
Find location of scene & victim
Keep informant occupied

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4
Q

Control

A

All movements to & from the scene

All activity in contained area

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5
Q

Freeze

A

Keep scene in original state

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6
Q

Preserve

A

All relevant exhibits

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7
Q

Scene Guard

A

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.

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8
Q

Intentionally:

A

Deliberate act without lawful justification, excuse or claim of right.
OR
Reckless act, consequences are known but act any way

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9
Q

Graffiti, Vandalism & Tagging

A

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.

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10
Q

Victims rights section 7

A

Courtesy & Compassion (treat victims with and respect for personal dignity/ privacy.

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11
Q

Victims Rights section 8

A

Access to services welfare, health, counselling, medical and legal assistance.

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12
Q

Victims Rights Section 11

A

Inform victims of the services available to them.

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13
Q

Victims Rights 12

A

Supplying info: progress of investigation, charges files, action taken, their role etc

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14
Q

Victims Rights 51

A

Return property held for evidential purposes.

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15
Q

Purpose of arrest

A

To deprive people of their liberty (state, formally touch or agreement)

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16
Q

Crimes Act S316

A

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

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17
Q

Crimes Act S315

A

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

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18
Q

Summary Offences Act S39

A
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
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19
Q

Bill of rights S23

A

Arrested must be given their rights/cautioned immediately.

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20
Q

Youth Justice Principle

A

Dealt in a way that acknowledges their needs.

Held accountable and encouraged to accept responsibilities.

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21
Q

Youth Justice Age

A

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

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22
Q

Oranga Tamariki Act S215

A

Informed of rights:

  1. RGTS CYP has committed and offence
  2. Before asking questions intended to obtain admission of offence.
  3. During questioning forms ground to believe involvement in offence.
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23
Q

Oranga Tamariki Act S214

A

Powers of arrest (no arrest unless):

  1. Ensure appearance in court
  2. Prevent further offences
  3. prevent loss/destruction of evidence
  4. prevent interference with witnesses
  5. required for public interest
  6. category 3/4 offence
    e. g runs from scene, refuses search of stolen property on them.
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24
Q

Youth Justice Admissibility

A

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

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25
Q

Care & Protection Principle

A

The welfare and interests of CYP shall be the first and paramount consideration.

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26
Q

Care & protection age

A

Child: under 14 years
Youth: 14 and over but under age of 18

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27
Q

Oranga Tamariki Act S14

A

In need:

  1. Being pr likely to be harmed, ill treated, abused or seriously deprived.
  2. Development being or likely to be impaired or neglected (serious & avoidable)
  3. Difference between parents etc about views of care
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28
Q

Oranga Tamariki Act S42

A

Search without warrant:

  1. RGTB it is critically necessary to protect CYP from injury or death.
  2. Enter & Search
  3. Building, house, ship etc
  4. Remove or Detain
  5. Place in custody of OT
29
Q

Oranga Tamariki Act S39

A

Safe Place Warrant:

  1. Any person authorised by warrant
  2. Enter & Search
  3. Building etc
  4. RGTB CYP has suffered or will: ill treatment and or serious deprivation/ neglect.
  5. Remove or Detain
  6. Place in OT Custody
30
Q

Oranga Tamariki Act S48

A

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.

31
Q

Summary Offences Act S10B

A
  1. Carer of child
  2. leaves child
  3. without making reasonable provisions for supervision
  4. for a time that is unreasonable poor conditions
    Depends on length of time left and only applies to CHILD
32
Q

Land Transport Act S114

A

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.

33
Q

Land Transport Act S113

A

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)

34
Q

Land Transport Act S115

A
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.
35
Q

Land Transport Act 121

A
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
36
Q

Land Transport Act S118

A

Hirer Vehicle:
Owner or hirer to supply info that will lead to apprehension within 14 days.
Pursuit: immediately

37
Q

Land Transport At S95

A

Licence suspension 28 days:
Excess blood/ breath alcohol levels (also relevant offences)
Failed/ refused blood alcohol test
Over 40 & 50 kmh of permanent speed

38
Q

Land Transport S96

A

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)

39
Q

Land Transport S122

A

Seize for 12 hours:

best interest for public safety

40
Q

Land Transport S123

A

Seize for 7 Hours:

preserve evidence, enable scientific exam, serious traffic accident, failed to stop.

41
Q

Search & Surveillance Act S125

A

NARI then caution the person

42
Q

Search & Surveillance Act S11

A

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

43
Q

Search & Surveillance Act S8

A

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

44
Q

Search & Surveillance Act S7

A

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

45
Q

Search & Surveillance Act S85

A

Rub down search of arrested or detained:
Ensure not carrying anything that may harm any person or facilitate escape.
NO 169

46
Q

Search & Surveillance Act S88

A

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.

47
Q

Search & Surveillance Act S92

A

Purpose of consent search:
Investigate if offence has been committed
Protect life or property
Prevent injury or harm

48
Q

Search & Surveillance Act S93

A

Advise must be given for consent search:

Determine purpose under 92, advise reason why and can refuse.

49
Q

Search & Surveillance Act S14

A

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)

50
Q

Assault Definition

A

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.

51
Q

Transferred Malice

A

Liable to offence if necessary mens rea & acts reus are present even if victim differs from intended e.g punching wrong person.

52
Q

Consideration for assault charge

A
  1. Intent
  2. Weapons and degree of force
  3. Injuries
53
Q

Implied Consent:

A

Consent the is inferred from signs and actions.

54
Q

Pubic Place:

A
  1. Open and being used by public
  2. Free or entry fee
  3. Owner can lawfully exclude and eject
  4. Aircraft, hovercraft, ship, ferry, train, vehicle
  5. Can carry and available to carry passengers
  6. Interior of nay vehicle in PP
55
Q

Dealing with a fight

A
  1. Separate parties involved
  2. Interview, hearing each side
  3. Find independent witness
  4. Note physical & mental state
56
Q

Street disorder consideration:

A

Time, place and circumstances rule (disorderly behaviour in one setting may not be in another)
Discretion
Staff safety

57
Q

Disorderly Assembly

A

Group situation of 3 or more and present fear of violence or disorder will occur:
In public place
Manner that causes fear

58
Q

Dishonestly:

A

Acts without belief there was authority or consent from owner.

59
Q

Without Claim of Right:

A

No belief in a right to own or possess the property.

60
Q

Ownership:

A
  1. Possession or control of property
  2. Any interest in property
  3. Right to take possession or control
61
Q

Theft Complaints

A

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

62
Q

Burglary Scene Examination

A
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
63
Q

Crimes Act 1961 S56

A

May use reasonable force to prevent any person from trespassing or to remove from property.

64
Q

Trespass Act S9

A

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.

65
Q

Robbery Procedures:

A

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)

66
Q

Guilty Knowledge:

A

Proved by:

  1. direct evidence (footage)
  2. Circumstantial evidence (purchased under value, amount of property).
67
Q

Not Receiving:

A

Under control of an agent (police or owner)

Converts property

68
Q

Doctrine of Recent Possession:

A

Found in possession of property that has been recently stolen is sufficient evidence for theft or receiving

  1. accepted as circumstantial evidence
  2. provide explanation or be charged
  3. car or tool within 3months of report
69
Q

Uses:

A

Gains possession or control of property but then exceeds authority or conditions given by owner by using it.