Offences, powers, definitions, procedures Flashcards
What are the elements of Wilful Damage
(a) Intentionally, Damages, Property
(b) Intentionally, Sets fire to, Any tree or vegetation
What are the elements of Graffiti, Vandalism, Tagging etc.
Damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, etching on it, or otherwise marking it
Without lawful authority, and
Without the consent of the occupier or owner or other person in lawful control
What are the elements of Possession of Graffiti Implements
Without reasonable excuse
He or she has in their possession a thing capable of being used to commit an offence against Section 11A
In the circumstances where it can be reasonably inferred that he or she intends to use it to commit such an offence
What are the defenses of Sale of spray cans to people under 18
Sold by an educational institution to its students to enable them to complete course work
Where an age document has been presented and the defendant believed on reasonable grounds that the document was an age document, related to the buyer and showed that the buyer was over 18
What is the method of storing spray cans in a shop
Spray cans must be stored in such a way that members of the public cannot access them without the assistance of a retailer or occupier of that shop
What are the elements of Assault
Assaults
Another person
What is the definition of Assault
The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly
OR
Threatening by any act or gesture to apply such a force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose
What is the definition of Intentionally
A deliberate or reckless act (where the possible consequences are foreseen but the act is continued regardless of the risk) without lawful justification, excuse or claim of right
What is the definition of damages
A temporary or permanent reduction in the value and/ or usefulness of the property
What is the definition of property
Something belongs to another person and is capable of being damaged
What sections allow you to use force
Crimes Act 1961: Section 39 (arrest) Section 40 (prevent escape or rescue) Section 41 (prevent suicide) Section 42 (to stop breach of peace) Section 48 (self-defense or defense of another)
What actions should you take en route to the scene
- Obtain description of suspect, vehicle, direction of -travel, any weapons
- Discuss areas of responsibility with your partner
- Plan your approach to the scene
- Establish a Safe Forward Point (SFP)
- Consider options
What actions should you take on arrival
- Update Comms
- Park in a safe, clear area
- Discuss approach to scene
- Note what, who, where
Explain control, freeze, preserve
Control: all movement to and from the scene, and all movement in the contained area
Freeze: keep the scene in its original state, nothing is to be touched or moved
Preserve: all relevant exhibits
What are the duties of a Scene Guard
- Prevent unauthorised people entering the scene
- Record details of anyone entering the scene
- Brief authorised people
- Report and record suspicious activity
- Avoid contaminating/interfering with scene
- Be aware of animals and remove them from the scene
What are your powers of arrest under Sections 315(2)(a), 315(2)(b), 39(1), and 39(2)
- 315(2)(a): any person you find disturbing the peace or committing an imprisonable offence
- 315(2)(b): any person you suspect has committed a breach of the peace or an imprisonable offence
- 39(1): any person you suspect has committed an offence against this Act, except sections 17-20, 25, 32-38
- 39(2): any person who, within your view, commits an offence against sections 17-20, 25, 32-38 and fails to give their name and address of gives false details
What are the Bill of Rights Act 1990 Sections 21-24
- 21: Every person secure against unreasonable search and seizure of their person, property or correspondence
- 22: everyone is protected from arbitrary or random arrest or detainment
- 23: people arrested or detained under any enactment have rights and must be informed of those rights
- 24: people charged with an offence have certain rights and must be informed of those rights
What are the Victims Rights Act 2002 Sections 7,8,11,12,51
- 7: victims dealt with courtesy, compassion, respect for their personal dignity and privacy
- 8: victims should have access to welfare, health, counselling, medical and legal services
- 11: victims should be informed of the services available at the earliest opportunity
- 12: prosecuting authority should keep victims informed of the progress of the investigation
- 51: a person’s property held for evidence should be returned as soon as it is no longer required
What are the elements of fighting in a public place
Fights
In a public place
What are the definitions of fights and a public place
- Fights: punching, striking, mauling, wrestling etc between two or more willing participants
- Public place: a place that, at any material time, is open to or being used by the public, whether free or on payment of a charge, and whether any owner or occupier is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a private vehicle in a public place
What are the elements of disorderly behaviour likely to cause violence
In a public place or within view of a public place
Behaves in or incites or encourages any person to behave in
A riotous, offensive, threatening, insulting, or disorderly manner
That is likely, in the circumstances, to cause violence against persons or property to start or continue
What are the elements of offensive or disorderly behaviour
In a public place or within view of a public place
Behaves in an offensive or disorderly manner
What are the elements of disorderly assembly
An assembly of three or more persons
In any public place
Assemble or conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
That those assembled will
Use violence on persons or property
OR
Commit an offence against section 3 of this Act
What are the elements of excreting in a public place and what is a defense
Urinates or defecates
In any public place
Defense: if they believed on reasonable grounds that they would not be seen
What are the elements of resisting police and obstruction
Resists or obstructs
OR
Incites or encourages any person to resist or obstruct
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
What do resist and obstruct mean
Resist: uses some degree of force
Obstructs: intentionally makes it more difficult for somebody to carry out their duties
What are the elements of trespass after warning to leave
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
What are the legal defenses of trespassing
Their own protection
The protection of somebody else
An emergency involving their property or the property of some other person
The person who issued the trespass no longer occupies that place
Where does your power to use force to remove a trespasser come from
Section 56 of the Crimes Act 1961 allows you to use reasonable force to remove a person that is trespassing or to prevent a person from trespassing, you must not strike or do bodily harm
What are the elements of trespass after previous warnings
Being a person who has been warned under Section 4 to stay off any place
Wilfully trespasses on that place
Within two years
What powers does Section 9 of the Trespass Act 1980 give you
Section 9 gives you the power to demand details, such as:
- Name, address, and firearms licence number if they are in possession of a firearm
- If they fail or refuse to give these details they may be cautioned
- If they persist to fail or refuse, you may arrest without warrant
What are the elements of Being found on a property without reasonable excuse
Found
Without reasonable excuse
In OR On
Any building, aircraft, hovercraft, ship, ferry or other vessel, train, or vehicle
What are the elements of Being found on a property without reasonable excuse (enclosed yard or area)
Found
Without reasonable excuse
In
Any enclosed yard or other such area
What are the elements of Theft (taking)
Dishonestly
Without claim of right
Takes
Any property
With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property
What are the elements of Theft (uses or deals)
Dishonestly
Without claim of right
Uses or deals with
Any property
With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property
After obtaining possession or control of that property in any manner
How can a person be an owner of a property
If they have:
- possession or control of the property
- any interest in the property
- the right to take possession or control of the property
What must you include in a theft file
A reparation schedule as the value of the property has an effect on the penalty of the offence
What are the elements of Burglary
Enters
Any building or ship
OR
Any part of any building or ship
Without authority
And with the intent to commit an imprisonable offence in the building or ship
What is Artifice
Involves being “cunning, skilled, artful”, means using deception or trickery
What are the elements of Burglary (having entered)
Having entered
Any building or ship
Remains without authority
With the intent to commit an imprisonable offence in the building or ship
What are the elements of Aggravated burglary
While committing burglary
Has a weapon with him or her or uses anything as a weapon
OR
Having committed burglary
Has a weapon with him or her or uses anything as a weapon
While still in the building or ship
OR
Has a weapon with him or her with the intent to commit burglary
What are the elements of Possession of instruments for burglary
Without lawful authority or excuse
Has in his or her possession
Any instrument capable of being used for burglary
With intent to use it for such a purpose
What are the elements of Robbery
Theft
Accompanied by violence OR accompanied by threats of violence
To any person OR to any property
Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen
What are the elements of Aggravated robbery
A person robs any person and, at the time, before or after the robbery, cause grievous bodily harm
OR
Being together with any other person or persons, robs any person
OR
A person armed with an offensive weapon or instrument, robs any person
What are the elements of Assault with intent to rob
Where any person assaults another person
With the intention to rob them
What are the elements of Receiving
Receives
Any property stolen OR any property obtained by any other imprisonable offence
Knowing that property to be stolen or so obtained OR being reckless as to whether the property had been stolen or so obtained
When is Receiving not possible
If property dishonestly obtained is effectively under the control of the owner or the police
If someone converts property, or uses fraudulent means to obtain property from another, any person that is given this property cannot be charged with receiving
What are the elements of Conversion of Vehicle (Unlawful takes or uses vehicle)
Dishonestly
Without claim of right
But not so as to be guilty of theft
Takes or uses
For any person’s purpose
Any vehicle, ship or aircraft, or any part of any vehicle, ship or aircraft, or any horse
What are the elements of Unlawful interferes with vehicle
Dishonestly
Without claim of right
Interferes with
Any vehicle, ship or aircraft
What are the elements of Dishonestly gets into or upon
Dishonestly
Without claim of right
Gets into or upon
Any vehicle, ship or aircraft
What are the elements of Possession of instruments
Without lawful authority or excuse
Has in his or her possession
Any instrument capable of being used for taking or converting
Any vehicle, ship or aircraft
With intent to use for such a purpose
What do Sections 125, 131 and 169 of the Search and Surveillance Act 2012 require you to do
s125 Searching people:
- Name or QID
- Act
- Reason
- Inventory of seized items
s131 Searching places or vehicles:
- Name or QID
- State your intention to search the place or vehicle under the S&S Act 2012
- Provide ID if not in uniform
s169 Reporting use of powers:
-You must report any warrantless power of entry, search or surveillance
What do Sections 110 and 113 of the S&S Act state
s110: Power incidental to search of places and vehicles
s113: Power of person called to assist
What do Sections 116, 118, 119 and 120 of the S&S Act 2012 state
s116: Secure a place, vehicle or other thing to be searched
s118: Powers of detention for a person you believe is related to a place or vehicle being searched
s119: Powers to search person at a place or vehicle
s120: Powers to pursue persons who flee
What does Section 14 of the S&S Act 2012 allow you to do
s14: Warrantless entry to prevent offences or respond to risk to life or safety
What do Sections 7, 8, 9 and 10 of the S&S Act 2012 state
s7: Entry without warrant to arrest person unlawfully at large
s8: Entry without warrant to avoid loss of offender or evidential material
s9: Stopping a vehicle to find persons unlawfully at large or who have committed an imprisonable offence
s10: Powers and duties of constable after vehicle stopped (such as demand details and search)
What do Sections 121, 122, 128 and 129 of the S&S Act 2012 state
s121: stopping a vehicle with or without a warrant for the purposes of a search
s122: Moving a vehicle for the purpose of a search or safekeeping
s128: Duty to remain stopped (for as long as reasonably necessary)
s129: Duty to provide your information (NARI)
What does Section 18 of the S&S Act 2012 allow you to do
s18: Warrantless searches associated with arms
What do Sections 20, 21 and 22 of the S&S Act 2012 state
s20: Warrantless search of places and vehicles in relation to some MODA 1975 offences
s21: Warrantless searches of people found in or on places or vehicles
s22: Warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA 1975
What does s29 of the S&S Act 2012 allow you to do
s29: Power to search vehicles without warrant for stolen property
What do Sections 15, 16 and 17 of the S&S Act 2012 state
s15: Entry without warrant to find and avoid loss of evidential material
s16: Searching people in public place without warrant for evidential material relating to certain offences
s17: Warrantless entry and search of a vehicle for evidential material relating to certain offences
What do Sections 83 and 84 of the S&S Act 2012 allow you to do
s83: Warrantless entry and search of a place after arrest
s84: Warrantless entry and search of a vehicle after arrest
What do Sections 112 and 123 of the S&S Act 2012 allow you to do
s112: Items of uncertain status may be seized
s123: Seizure of items in plain view
What does Section 92 of the S&S Act 2012 allow you to do and when may you do it
s92: Consent search :
- To prevent commission of an offence
- To investigate whether an offence has been committed
- To protect life or property
- To prevent injury of harm
What do Sections 85, 88 and 11 of the S&S Act 2012 allow you to do and when may you use them
s85: Rub-down search of arrested or detained persons for anything that may be used to cause harm or facilitate escape
s88: Warrantless search of arrested or detained persons if you believe they are carrying evidential material, or anything that may be used to cause harm or facilitate escape
s11: Warrantless search of people who are, or are to be, locked up in Police custody
What does Section 114 of the Land Transport Act 1998 allow you to do
s114: Power to stop vehicles and demand details, you may arrest them if they fail to stop, refuse to give details or give false details
What does Section 113 of the Land Transport Act 1998 allow you to do
s113: General powers of transport legislation enforcement:
- Direct a driver to supply details
- Inspect, test or examine the vehicle
- Move a vehicle obstructing traffic
- Direct a person to move their vehicle
- Forbid an unlicensed driver
- Forbid an unlicensed transport service operator
- Direct vehicles and pedestrians to stop or move in particular direction
What does Section 116 of the Land Transport Act 1998 allow you to do
s116: Warrantless arrest of person that has failed to comply with direction given under s113 or s115 of the LTA 1998
What does Section 115 of the LTA 1998 allow you to do
s115: Power to direct that a vehicle not be driven on the road:
- If you believe that it fails to comply with regulations or rules you may issue a POL 650 green sticker
- If you believe that it is not in a safe condition to be driven on a road you may issue a POL 555 pink sticker
What does Section 117 of the LTA 1998 state
s117: Any moved vehicle must not be damaged and returned to the driver
What does Section 118 of the LTA 1998 allow you to do
s118: Demand information of driver from owner or hirer within 14 days, or immediately if they fled a police pursuit
What does Section 119 of the LTA 1998 allow you to do
s119: Powers of warrantless entry to carry out breath alcohol testing if in fresh pursuit, or to seize a vehicle if in fresh pursuit
What does Section 121 of the LTA 1998 allow you to do
s121: Power to take keys and forbid driving:
- Forbid driving
- All keys to be surrendered
- Render vehicle immobile
- Move the vehicle
- EBA offenders forbidden to drive for 12 hours
- Direct that person to move to a specified place if over their driving hours limit
What do Sections 122 and 123 of the LTA 1998 allow you to do
s122: Power to seize vehicle for 12 hours
s123: Power to seize vehicle for up to 7 days to preserve evidence, for scientific examination, to establish the cause of a serious traffic accident
What does Section 90 of the LTA 1998 allow you to do
s90: Suspension of license of disqualification from driving if demerit points over 100
What does Section 95 of the LTA 1998 allow you to do
s95: suspending licence for 28 days if:
- Breath alcohol over 650mcg per litre
- Blood alcohol over 130mg per 100mL
- Breath alcohol over 400mcg per litre and any conviction of relevant offence within last 4yrs
- Blood alcohol over 80mg per 100mL and any conviction of relevant offence within last 4yrs
- Failed or refused blood test
- Drove 40kmph over permanent speed limit
- Drove 50kmph over non-permanent speed limit
What does Section 96 of the LTA 1998 allow you to do
s96: Power to seize vehicle for 28 days if:
- Disqualified driver
- Suspended or revoked driver
- Unlicensed
- Breath alcohol over 400mcg per litre and two convictions of relevant offences in last 4yrs
- Blood alcohol over 80mg per 100mL and two convictions of relevant offences in last 4yrs
- Failed or refused blood test and two convictions of relevant offences in last 4yrs
What is the paramount principle of the Oranga Tamariki Act 1989
The welfare and interests of the child or young person shall be the first and paramount consideration
Define a child and young person under the OT Act 1989
Child: under 14 years old
Young person: 14 to 17 years old under care and protection, 14 to 16 years old under youth justice
When is a CYP in need of care and protection
Where:
- The CYP is likely to be harmed, ill-treated, abused or serious deprived
- Serious differences between CYP and caregivers
- Caregivers unable or unwilling to care for CYP
- Child over 10 is offending to such an extent there is serious concern for their wellbeing
What does Section 42 of the OT Act 1989 allow you to do and when
s42: Search without warrant:
- If you believe it is critically necessary to avoid injury or death
- You may enter and search without a warrant
- Any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place
- Remove or detain the CYP
- And place them in the custody of the OT
What does Section 39 of the OT Act 1989 allow you to do
s39: Place of safety warrant:
- If authorised by warrant
- You may enter and search
- Any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place
- If you believe the CYP has suffered or is likely to suffer
- Remove or detain them
- Place them in the custody of the OT
What does Section 48 of the OT Act 1989 state
s48: Child or young person found unaccompanied:
- Where a CYP is found unaccompanied
- In a situation where their physical or mental health is being, or likely to be, impaired
- A constable may take the CYP
- And deliver them to their parent/guardian with their consent
- Or place them in the custody of the OT
What are the elements of Section 10B of the Summary Offences Act 1981 Child left unaccompanied
Being a parent or guardian or person having the care of a child under the age of 14
Leaves that child
Without making provision for the reasonable supervision and care of the child
For a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances
What does Section 214 of the OT Act 1989 state
s214: You may only arrest a child or young person to:
- Ensure their appearance in court
- Prevent further offending
- Prevent loss/destruction of evidence
- Prevent interference with witnesses
What does Section 215 of the OT Act 1989 state
s215: you should inform a CYP of their rights:
- When you suspect they have committed an offence
- Before questioning if intended to obtain an admission
- When, during questioning, you begin to suspect they have committed an offence
When are a CYP’s statement admissible in court
Under Sections 221-226 of the OT Act 1989 a CYP’s statement is only admissible in court if:
- They have been read their rights/caution
- They have been allowed to consult with a solicitor and/or nominated person
- The statement is made in the presence of their solicitor and/or nominated person
- With the exception of spontaneous statements
What are the breath and blood levels under Section 56 and 57 of the Land Transport Act 1998 and what is Section 58
s56: Driving under the influence 20yrs and over:
- Over 400mcg per litre
- 251-400mcg per litre
- Over 80mg per 100mL
- 51-80mg per 100mL
s57: Driving under the influence under 20yrs:
- Over 150mcg per litre
- 150mcg per litre and under
- Over 30mg per 100mL
- 30mg per 100mL and under
s58: Drives/attempts to drive under the influence (if unable to complete EBA or CIT procedures)
What are the five situations where you can require a person to undergo a breath screening test (BST)
- Any driver
- Any person attempting to driver
- A person you suspect has committed an offence against the road safety provisions of the LTA 1998
- Any driver involved in a motor accident
- Where the driver is unknown, any passenger you suspect has been involved in a motor accident
What must you say before conducting a breath screening test
“I require you to undergo a breath screening test without delay”
When may you require somebody to accompany you for an EBA
- Fails or refuses a BST
- No BS device available
- 20yrs and over and blows “OVER 400” or “250+ OVER”
- Under 20yrs and blows “UNDER 250”, “250+ OVER” or “OVER 400”
What must you say when you require somebody to accompany you
“I now require you to accompany me to the ______ Police Station for the purpose of an evidential breath test, blood test, or both”
How long must you wait when they are considering a blood test
Law says 10 minutes, police policy gives them 12 minutes
What do Sections 59, 60 and 120 of the LTA 1998 state
s59(1)(a): fails or refuses to remain
s59(1)(b): fails or refuses to accompany
s60(1)(a): fails or refuses to give blood when required by enforcement officer
s60(1)(b): fails or refuses to give blood when requested by medical practitioner
s120(1)(a): power of arrest
What is the definition of a firearm
Anything from which any shot, bullet, missile or other projectile can be discharged by force of an explosive
What is the definition of an airgun
Any weapon from which, by use of gas or compressed air, any shot, bullet, missile or other projectile can be discharged
What is an imitation firearm
Anything that has the appearance of being a firearm
What is the definition of a pistol
Any firearm that is designed or adapted to be held and fired with one hand and includes any firearm less than 762mm in length
What is a restricted weapon
Any weapon declared restricted by the Governor-General
What is the definition of an explosive
Any substance capable of exploding or producing a pyrotechnic effect
What is the definition of a Military Style Semi-Automatic firearm (MSSA)
A semi-automatic firearm that also has at least one of the following:
- folding or telescopic butt
- bayonet lugs
- flash supressor
- free-standing pistol grip
- a magazine capable of holding more than 15 .22 caliber cartridges or more than 7 cartridges of any other caliber
What are the categories of firearms licences
A: full licence for the possession and use of conventional firearms
B: pistols, provided they are a member of a pistol club
C: collectors, restricted weapons, use of firearms in theatrical performances
D: firearms dealers
E: Military Style Semi-Automatic firearms
What are the elements of Unlawful Carrying Section 45 of the Arms Act 1983
Except for some lawful proper and sufficient purpose
Carries OR is in possession of
Any firearm, airgun, pistol, restricted weapon or explosive
What does Section 66 of the Arms Act 1983 state
s66: the occupier of any land or building, or the driver of any vehicle, can be deemed to be in possession of any firearm, airgun, pistol, restricted weapon or explosive found on or in their property or vehicle unless they can prove otherwise
What are the elements of Unlawful Carries an Imitation Firearm Section 46 of the Arms Act 1983
Except for some lawful proper and sufficient purpose
Carries
An imitation firearm
What are the elements of Discharging a firearm without reasonable cause Section 48 of the Arms Act 1983
Without reasonable cause
Discharges
A firearm, airgun, pistol or restricted weapon
In or near a dwellinghouse OR in or near a public place
So as to endanger property OR so as to endanger any person OR so as to annoy any person OR so as to frighten any person
What are the elements of Presenting a firearm Section 52(1) of the Arms Act 1983
Except for some lawful and sufficient purpose
Presents
A firearm, airgun, pistol or restricted weapon
At any other person
What are the elements of Presenting anything Section 52(2) of the Arms Act 1983
Except for some lawful and sufficient purpose
Presents
At any other person
Anything
In the circumstances, it is likely to lead that person to believe it is a
Firearm, airgun, pistol, or restricted weapon
What does Section 40 of the Arms Act 1983 allow you to do
s40(1): Power to demand particulars if in possession of a firearm (name, address, DOB)
s40(2): Refusal to give details:
- caution them
- if they persist, you may arrest without warrant
