Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Police College > Our Communities > Flashcards

Our Communities Flashcards

1
Q

Criminal hate speech
this is a type of what?

A

a hate crime

this includes offences such as:
* offensive language
* intimidation
* harassment
* harmful digital communication

all of the above have a perceived prejudice against someone’s race or ethnicity, religion, sexual orientation, gender identity, disability or age.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Hate Crime
Human Rights Act 1993
Section 131
as well as being a hate crime, criminal hate speech could be classified under the above act as what?

A

‘inciting racial disharmony’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Hate Crime
is ‘hate crime’ an offence?

A

it is not an offence in itself, rather, the hate motivation for the offence is an ‘aggravating factor’ that may be taken into consideration at sentencing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Hate Crime
The Sentencing Act 2002
section 9(1)(h)
‘states the court must take ‘aggravating factors’ into account when considering sentencing for any offence that is motivated by:

A

hostility towards a group of persons who have an enduring common characteristic such as:
* race
* colour
* nationality
* religion
* gender identity
* sexual orientation
* age, or
* disability; and
-the hostility is because of this common characteristic; and
-the offender believed that the victim has that characteristic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Hate Crime
The Sentencing Act 2002
section 9(1)(h)
what is needed to facilitate the use of the above act?

A
  • evidence of hate motivation
  • language and/or symbols and/or actions that the offender displayed must be clearly recorded.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Hate Incident
Police definition

A

Non-criminal incident
(any report to Police that does not meet a criminal threshold)

+

Actual or perceived hostility or prejudice towards the person’s protected characteristic such as:
(race, religion, sexual orientation, gender identity, disability, age)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Mental Health (Compulsory Assessment and Treatment) Act 1992
Purpose of the Act

A
  • To ensure that people experiencing a mental illness receive the appropriate treatment.
  • If necessary, the assessment and subsequent treatment can be compulsory
  • Depending on individual circumstances, compulsory assessment and treatment may be conducted either while the person is detained in an insitution or, in some cases, while the person remains in the community
  • The Act also protects the rights of people subjected to such treatment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Missing Person
Categories?

A
  1. Voluntary: someone who has control over their actions (runaways, escapees, relationship breakup, debt avoidance, unaware they have been reported missing)
  2. Involuntary: someone who is missing against their will (victim of criminal activity, child abducted in custody dispute, mental health/intellectual disability)
  3. Lost due to event: people who are temporarily disorientated and want to be found (lost at sea, in the bush, car accidents)
  4. Missing overseas: people missing overseas - reported by people in NZ, foreign nationals in NZ - reported missing from outside NZ
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Missing Person
Concerns for Welfare
definition

A

although there may not be immediate fears for the person’s safety, there may be genuine concerns for their welfare due to:
* age: elderly people living alone, teenage runaways
* circumstances: recent trauma, relationship or employment problems
* influences: drugs, gangs, alcohol

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Missing Person
definition

A
  • any person who is reported missing to Police
    AND
  • whose whereabouts are unknown
    AND
  • there are fears for the safety, or concerns for the welfare, of that person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Z.A.C.

Missing Person
Fears for safety definitions

A
  1. Age: small children, elderly, fears may arise as soon as their absence is noted
  2. Zones of Safety: fears arise when the person is outside their usual surroundings and is unable to cope (lost in the bush, someone with a disability etc)
  3. Circumstances: fears arise if they have gone missing in circumstances that are unusual, dangerous or suspicious (criminal activity, abduction or homicide)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Missing Persons
Initial action

A

Establish the type of enquiry you are dealing with, in some cases there will be unusual, dangerous or suspicious circumstances that will dictate action required.

  • establish what the fears for safety are (ZAC)
  • take the missing persons report:
    obtain info on the missing person, incl his/her full details and:
    -physical appearance
    -physical & mental health, incl medication
    -any suicide concerns
    -doctor & dentist
    -bank accounts
    -passport & IRD numbers
    -social media accounts
    -occupation
  • other details:
    consider the following enquiries
    -when/where/by whom the person was last seen
    -what they were wearing
    -obtain known friends/associates names & addresses
    -possible reasons for disappearance
    -history of going missing?
    -what enquiries have already been done by family & friends
    -obtaining a photograph
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Missing Persons
Located missing person

A

If the person is located enter the details of:
* date & time
* place & circumstances in which they were found

If you locate a missing person or receive information that a missing person has been located, verify the info and ensure it is accurate
* visit located person, ask about circumstances around disappearance
* if it’s a child, look for child abuse indicators and consider referral to OT
* update NIA with reason for going missing
* remove alert from NIA and update any media broadcasts
* advise informant the person has been found

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Missing Persons
Located missing person - voluntarily missing

A

If you locate a person who is ‘voluntarily’ missing, Police will respect the right of that individual no to be reunited with their family or associates, unless the missing person is a child or young person under 16.

Police will not disclose their location but should confirm to the person’s family that the missing person is safe and well and is no longer considered missing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Non-criminal hate speech
‘awful but lawful’
this is a type of what?

A

a hate incident

it happens online and offline, it can start as an online hate incident and the move into the ‘real’ world as a hate crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Responding to hate crimes & hate incidents
what 4-step process can we do?

A
  1. verbally acknowledge the harm caused to the victim
  2. let them know we take this seriously and their complaint will be recorded
  3. let them know about any additional process for their complaint
  4. offer referral to support agencies such as Victim Support
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Compulsory Treatment Patients
patients of this category who is absent without leave or fails to comply with an order may be apprehended and…

A

returned/taken to hospital
if apprehended within three months of going missing

The patient is deemed to be released from their CTO if absent for more than three months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Compulsory Treatment Patients
they are deemed to be released from their CTO if absent for more than

A

3 months

After this timeframe a new assessment must be completed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Duly Authorised Officers
DAO

A

Qualified mental health clinicians who have specialised in the area of mental health and receive further training on an ongoing basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Hate Crime
Police definition

A

Offence
(e.g. assault, harassment, offensive language or wilful damage etc)

+

Actual or perceived hostility or prejudice towards the person’s protected characteristic such as:
(race, religion, sexual orientation, gender identity, disability, age)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

If you are called to a private address, you may enter only:

MH (Compulsory Assessment and Treatment) Act 1992

A
  • at the request of the occupier
  • if requested by DAO under s41
  • if requested to assist a MH practitioner under s110(1), 110A(2) or 110B(2)
  • consider SASA 2012 s14
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

‘Mental Disorder’
definition

A

an abnormal state of mind (whether of continuous or intermittent nature) characterised by:
delusions, or disorders of mood, perception, volition or cognition of such degree that it:
* poses a serious danger to the health and safety of that person or of others, or
* seriously diminishes the capacity of that person to take care of themself

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

MH (Compulsory Assessment and Treatment) Act 1992
Police Role
people with a mental illness generally come to your notice in the following ways:

A
  • find them in a public place acting in an unusual manner
  • called by members of the public about a person’s behaviour in a public or private place
  • person alleged to have committed an offence and is apprehended
  • called on to assist a DAO or a MH practitioner
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

MH (Compulsory Assessment and Treatment) Act 1992
Primary Police Role

A

to ensure the safety of that person and the safety of the public if necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Police power to assist
Section 41

MH (Compulsory Assessment and Treatment) Act 1992

A

DAO may call upon the assistance of Police so that they may:
* assess a patient, or
* transport a patient for assessment or treatment

  • detain
    maximum of 6 hours
  • transport
    the DAO needs to go in the car with you
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Authority of Doctor
Section 110(b)

MH (Compulsory Assessment and Treatment) Act 1992

A

Emergency Assessment

  • MH practitioner has examined a person and believes they are mentally disordered and it is in their interest that an assessment be completed
  • that Doctor can issue a certificate to accompany the assessment application
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Police powers of entry when urgent assistance is needed
Section 110(c)

MH (Compulsory Assessment and Treatment) Act 1992

A
  • any member of Police called upon in such circumstances
  • enter the premises by force if necessary
  • detain the person in those premises until assessment examination conducted
    maximum of 6 hours
  • take the person to some other place nominated by MH practitioner for the examination/assessment
    doctor to accompany you to destination
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Restricted & Special patients
patients of these categories who have absconded or are absent without leave may be apprehended and…

A

returned to hospital at any time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Restricted patients are

A

subject to a compulsory treatment order but are considered to present a danger to the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Police powers in public places Section 109

A
  • any member of Police may apprehend
  • any person wandering at large in a public place
  • behaving in a way tht gives rise to a reasonable belief that they may be mentally disordered
  • the member believes it is in the interest of the public to do so
  • detain
    maximum of 6 hours
  • transport to hospital, mental health facility or other appropriate place
  • DAO examination arranged as soon as practicable

Police station to be used to transport them to only as a last resort.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Special patients are

A

Detained by way of a court order if they are found to be criminally insane or unfit to plead.

This also includes people on remand for a psychiatric report

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Time limit for detention

MH (Compulsory Assessment and Treatment) Act 1992

A

no person shall be detained for more than six hours for the purpose of a medical examination or an assessment examination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Transporting Patients

MH (Compulsory Assessment and Treatment) Act 1992

A

Under the memorandum of understanding between the Police and the Ministry of Health, DAOs are responsible for arranging transportation of patients.

Where Police are required to assist, the decision on the type of vehicle to be used should be made by the DAO or Doctor in consultation with the attending Police.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

under s4 of the Victims’ Rights Act 2002
A victim is…

A
  • a person against whom an offence is committed
  • a person who suffers physical injury, or loss of or damage to property caused by someone else committing an offence
  • a parent or legal guardian of a person under 18 who falls within the two bullet points above, unless that parent or guardian is charged with, convicted of, or pleads guilty to, the offence
  • a member of the immediate family of a person who as a result of an offence committed by another, dies or is incapable, unless that family member is charged with, convicted of, or pleads guilty to, the offence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Use of Force
Section 122B
When exercising the following powers in an emergency you may use force…

MH (Compulsory Assessment and Treatment) Act 1992

A

…as is reasonably necessary in the circumstances.

The powers are:
* a power to take or retake a person, proposed patient or patient
* a power to detain a person, proposed patient or patient in sections 41, 109 or 110
* a power to enter a premises in sections 41 or 110

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Use of sedatives
Section 110(a)

MH (Compulsory Assessment and Treatment) Act 1992

A

Assist administering sedative

The doctor issuing the certificate may administer a sedative to the proposed patient if they consider it necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Victim Impact Statement
purpose

A
  • enable the victim to provide information to the court about the effects of the offending; and
  • assist the court in understanding the victim’s views about the offending; and
  • inform the defendant about the impact of the offending from the victim’s perspective
38
Q

Victim Impact Statement
what is captured?

A

how the victim has been affected by the offence including:
* physical injuries
type and extent, long/short term effects, hospitalised, absence from work
* financial costs
treatment costs, replacement/repair costs, loss of wages, incidental costs
* emotional harm
changes in behaviour, lifestyle, personal reaction, counselling
* any other matters

39
Q

Victim Impact Statement
what should not be included?

A
  • victims opinion about the defendant
  • comment on the defendant
  • be written as a statement of facts about the ‘ingredients’ of the offence, unless they relate specifically to the impact on the victim
  • any referral to matters the defendant is not charged with or to previous offences
  • evidence of unlawful acts by other suspects/defendants
  • no abusive comments
  • no false, irrelevant or confidential information
40
Q

Victim Rights Act 2002
Rights of Victims
Section 11

A

Give the victim information about:
* programmes
* remedies
* services through Police
as soon as appropriate.

Services include participation in restorative justice

41
Q

Victim Rights Act 2002
Rights of Victims
Section 12

A

A victim and others disadvantaged by an offence must receive information about the investigation of the offence and specific actions being taken against the accused person and specific information about the proceedings

42
Q

Victim Rights Act 2002
Return of property
Section 51

A

Victims’ property held as evidence must, as far as possible, be returned as soon as practicable after it is no longer needed, unless the person advises the Police they do not want it returned

43
Q

Victim Rights Act 2002
Treatment of victims
Section 7

A

Treat victims with courtesy and compassion and respect their dignity and privacy

44
Q

Victim Rights Act 2002
Access to services
Section 8

A

A victim or member of a victim’s family should have access to welfare, health, counselling, medical or legal services for needs arising from the offence.

This includes actions a court can take to help them.

45
Q

Victim Rights Act 2002
Section 29
Serious Offences

A

The offences specified for victims to fall under s29 are:
* a sexual or other serious assault
* one that resulted in serious injury to a person, the death of a person or a person being incapable, or
* one of another kind, and has led to the victim having ongoing fears on reasonable grounds:
-for their physical safety, or
-for the physical safety or security of one or more members of their immediate family
* the victim is a child
* the victim dies or is rendered incapable

46
Q

Victim Rights Act 2002
Steps for O/C actions for a s29 specified offence

A
  1. Inform victim at the time of the alleged offender’s arrest that they have the right to apply to be on the VNR and be notified about bail, release, escape, and death of a defendant/offender
  2. explain the rights the registration on the VNR gives them (advise the victim they will only be notified if they ask to be registered on the VNR, and provide their current address)
  3. Update a Victim Contact node in NIA in the Case - Contacts/Correspondence node (you must note if the victim wants to be notified about the defendant/offender’s location)
  4. Give the victim the VN form (POL 1065) to fill out
  5. The victim signs the form and sends it back via post/email.
  6. retain a copy of the POL 1065 on file
  7. Stress to the victim that they are responsible for keeping Police informed of changes to their contact details.
  8. When received the application form is then verified at PNHQ and the victim will be informed once their application has been processed.
47
Q

Victim’s Rights Act 2002
Victim contact

A

Contact with the victim will be at every significant point or update throughout the investigation and the justice journey

48
Q

Victim’s Rights Act 2002
Recording victim contact

A

Each time a victim is contacted the victim contact node in NIA is required to be updated to reflect a summary of that conversation/update.

49
Q

Victim’s Rights Act 2002
Police must always complete a referral to Victim Support when:

A
  • the incident is serious (serious crime, fatal or serious injury crash, completed suicide or other sudden traumatic event) including violence offences with a seriousness greater than common assault, and dishonesty offences of a serious magnitude, or
  • the victim(s) are significantly affected by the incident, or
  • the victim(s) are likely to be involved with the justice system (Police/court etc) for an extended period of time

Police must not call Victim Support workers to incidents involving attempted suicide.

50
Q

Child Protection Protocol (CPP)
The CPP exists to ensure timely, coordinated and effective action by OT and Police so that:

A
  • tamariki are kept safe
  • offenders are held to account wherever possible
  • tamaiti victimisation is reduced
51
Q

Child Protection Protocol (CPP)
Mandatory Referrals

A
  1. Neglect (not providing adequate food, shelter, clothing, medical treatment, not sheltering child from physical harm or danger)
  2. Sexual abuse (physical contact, non-penetrative, sexually offensive material exposure, grooming)
  3. Physical abuse - there are three areas of consideration for meeting the threshold for referral:
    * the action (of the abuse)
    * the injury inflicted (outcome or result)
    * the circumstances (factors in the case)
52
Q

Child Protection Protocol (CPP)
Mandatory Referrals
other considerations:

A
  • the vulnerability of te tamaiti
  • more than one offender
  • history of abuse
  • a high degree of violence
  • suspect’s history and background
53
Q

Child Protection Protocol (CPP)
Key process steps
Step 1:

A

Record incident, event, or occurrence

Ensure your District Child Protection team is notified as soon as practicable, all details are recorded into Police computer system and a NIA case created with 6C incident code

54
Q

Child Protection Protocol (CPP)
Key process steps
Step 2:

A

Initial Action

Police respond to the report, enquires commence, evidence is gathered, or other action taken as necessary.

55
Q

Child Protection Protocol (CPP)
Options for removing a tamaiti
remove a tamaiti when:

A
  • it is not safe for them there or you believe, on reasonable grounds that if left, they will suffer, or are likely to suffer, ill treatment, neglect, deprivation, abuse or harm
    AND
  • there is no other practical means of ensuring their safety
  • supported by legislation or court order
56
Q

Child Protection Protocol (CPP)
Interviewing children in child abuse investigations

All interviews of child abuse victims or of child witnesses to serious crime must be conducted according to the:

A

Specialist Child Interview Guide by specially trained specialist child interviewers (SCI)

57
Q

Oranga Tamariki Act 1989
Definition of a child

A

means a person under the age of 14 years

58
Q

Oranga Tamariki Act 1989
Definition of a young person

A

means a person of or over the age of 14 years but under 18 years

58
Q

Oranga Tamariki Act 1989
Care and Protection Principles
What is the Paramount Principle?

A

“…the well-being and best interests of the child or young person are the first and paramount consideration…”

59
Q

Oranga Tamariki Act 1989
Section 42 - Search without a warrant

A
  • any constable who believes on reasonable grounds
  • that it is critically necessary to protect a child or young person from injury or death
  • may without warrant enter and search (by force if necessary)
    and
  • remove or detain (by force if necessary) the child or young person
    and
  • place the child or young person in the custody of OT

Because the CYP is detained under s42, they must be given their caution/rights at the time of detention.

60
Q

Oranga Tamariki Act 1989
Section 42 - Search without a warrant
Obligations

A

On first entering or if requested at any time:
1. Produce ID
2. State you are using “s42 OT Act 1989”
3. within 3 days inform the Commissioner of the use of this power

61
Q

Summary Offences Act 1981
Section 10B - child left unaccompanied

A
  • being a parent or guardian or a person having the care of a child under the age of 14 years
  • leaves that child
  • without making reasonable provision for the supervision and care of the child
  • for a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances
62
Q

Oranga Tamariki Act 1989
Section 48 - Child or young person found unaccompanied

A

This power can be used anywhere - public or private places

  • where a child or young person is found unaccompanied by a parent / by a guardian / by another person who usually cares for them
  • in a situation in which their physical or mental health is being, or likely to be, impaired
  • a constable may use such force as may reasonably be necessary take the child or young person
  • with their consent deliver them into custody of the parent / guardian / other person who usually cares for them
  • if no consent is given or caregivers are unwilling to take them place the child or young person in the custody of OT

Because the CYP is detained under s48, they must be given their caution/rights at the time of detention.

63
Q

Oranga Tamariki Act 1989
Sections 14 & 14AA
CYP in need of care and protection

3 behaviours that indicate when a CYP is in need of care & protection

A
  1. Parents/caregivers who abuse/ill-treat their children or are unable or unwilling to look after them AND
  2. CYP who have behaved or are behaving in a manner that is harmful to themselves and the parents or caregivers cannot or will not control their behaviour AND
  3. for children aged 10-14, the child has committed an offence or offences of sufficient number, nature, or magnitude to cause serious concerns for the well-being of the child
64
Q

Oranga Tamariki Act 1989
Criminal responsibility of a child

A

a person under the age of 14 years

  • 10 & 11 year olds - can only be charged with murder or manslaughter
  • 12 & 13 year olds - can also be charged with certain serious offences and/or persistent offending in the Youth Court

Most children are dealt with under care and protection or informal means as the offending of children this age is generally related to welfare issues in the home or family.

65
Q

Crimes Act 1961
Age of criminal responsibility

A
  • under 10 years - no criminal responsibility
  • aged between 10-14 - special protection “doli incapax”
    this means prosecution needs to not only prove the elements of the offence, but that the child knew that what they were doing was wrong or contrary to the law
66
Q

Oranga Tamariki Act 1989
Criminal responsibility of a young person

A

means a person over the age of 14 but under 18

  • they can be charged with all types of offences, but majority of offending is resolved through informal means such as Alternative Action or diversion, charges are generally resolved in the Youth Court.
67
Q

Oranga Tamariki Act 1989
Section 8 - parents to be informed

A

Whenever you deal with a CYP in any manner that ‘significantly affects’ the CYP their parent(s) or caregivers should be made aware of the interaction and the parent(s) must be informed.

If you take personal details from the CYP definitely contact their parent(s) or caregiver.

68
Q

Oranga Tamariki Act 1989
Section 9 - suitable language

A

this section details people’s rights to receive information in a language they understand

69
Q

Oranga Tamariki Act 1989
Principles and obligations

your options when you are dealing with a CYP who comes to notice for alleged offending:

A
  1. Do nothing formally but speak with the CYP (e.g. you tell a CYP swinging on a gate to get off the gate, because it’s likely to damage the gate: you do not take any personal details and do not report the matter)
  2. Warn (e.g. a CYP causes very minor damage to a gate, and you need to inform the owner of the damage: you take personal details, give personal warning to CYP and inform parents, owner of the gate and YAS for their records)
  3. Report to YAS (e.g. a CYP causes damage to a gate and your enquiries reveal that it is Wilful Damage: you interview victims and witnesses. Inform the parents and interview the suspect. Once enquiries are complete, you report the matter to YAS with a recommendation on what you consider is the best course of action)
  4. Arrest (e.g. a CYP causes damage to a gate and your enquiries reveal it is Wilful Damage: you interview victims and witnesses. When interacting with the suspect, they breach s214 of the OT Act 1989. Because of this breach, you consider an arrest must be made then immediately inform the parents)
70
Q

Oranga Tamariki Act 1989
Four primary considerations when a CYP is being dealt with for alleged offending:

A
  1. the wellbeing and best interest of the child or young person; and
  2. the public interest (which includes public safety); and
  3. the interests of any victim; and
  4. the accountability of the child or young person for their behaviour
71
Q

Oranga Tamariki Act 1989
Section 214 - Powers of arrest limitation

a CYP cannot be arrested UNLESS the officer is satisfied on reasonable grounds that it is necessary to arrest them for the following behaviours:

A
  • Witness / Victim safety
    e.g. while investigating an offence the offender begins threatening witnesses or victims and it is not safe to leave them in their presence
  • Ensure the CYP’s appearance at court or receive some other resolution
    e.g. while investigating an offence the alleged offender refuses to give any personal details, so you are unable to proceed by any other way other than arrest. Without the details you cannot refer to YAS or summons them for the offending
  • Evidence - prevent loss and destruction
    e.g. while investigating an offence the offender refuses to hand over known evidential material. Without arrest you would have no power to search them to recover the evidence
  • Prevent further offending
    e.g. while investigating an offence you consider you cannot leave the offender unsupervised because they are likely to continue offending
72
Q

Oranga Tamariki Act 1989
Age restriction for arrest

A

There is no age restriction for arrest, arrest is not charging.

73
Q

Oranga Tamariki Act 1989
Section 214 - Powers of arrest limitation

Exceptions to this section limitation

A

If the arrest is for an offence for which the maximum penalty is:
* life imprisonment
* at least 14 years imprisonment
and the arrest is required in the public interest,
or
* the arrest is necessary to carry out breath/blood-alcohol provitions of the Land Transport Act 1998

74
Q

Oranga Tamariki Act 1989
When any arrest of a CYP is made you must submit a report to the…

A

Commissioner of Police within three days

75
Q

Oranga Tamariki Act 1989
Section 215 - when to explain their rights?

A

a CYP must be informed of their rights (explained in a manner appropriate to their age and level of understanding):
* before questioning as an offender/suspect
* when the child or young person asks you about their rights
* when you have arrested them

76
Q

Oranga Tamariki Act 1989
Section 214A - Arrest of CYP in breach of bail condition(s)

A constable may arrest a CYP without warrant if:

A
  • the CYP has been released on bail; and
  • the constable believes, on reasonable grounds, that the CYP
  • has breached a condition of that bail; and
  • has on two or more occasions breached a condition of that bail (whether or not the same condition)
    this needs to be for the current charge they are on and has to be in the time between their Youth Court appearance and when you find them breaching

Approval required to arrest under s214A - from a YA Sgt or in their absence, from your own supervising Sgt or ranks above or a qualified YA officer.

77
Q

Evidence Act 2006
Section 221 - admissibility rules (CYP)
No statement made by a CYP is admissible unless

A
  • rights / caution explained
    AND
  • CYP allowed to consult with lawyer and/or nominated person
    AND
  • statement made in presence of (one of the following):
  • Lawyer
  • Person nominated by CYP
78
Q

Evidence Act 2006
Section 221 - admissibility rules (CYP)
Spontaneous statements - explain this

A

an exception is made for oral statements made spontaneously by the CYP before the Police have had a reasonable opportunity to comply with the requirements of the Act

79
Q

Evidence Act 2006
Section 229 - notification of parents/caregivers

in addition to s8 to inform parents, this section states that:

A

whenever you arrest a CYP or take them to the police station for questioning, you must notify the parents / legal caregivers and other persons nominated by the CYP.

80
Q

Evidence Act 2006
Section 222 - Nominated person - role & requirements

this section sets out who is suitable as a ‘nominated person’. These include the following who are 20 years or over:

A
  • a parent or caregiver of the CYP
  • an adult member of the family, whanau, or family group of the CYP; or
  • any other adult selected by the CYP
81
Q

Evidence Act 2006
Section 222 - Nominated person - role & requirements

If the CYP refuses or fails to nominate any person as their ‘nominated person’ an enforcement officer may nominate:

A

for this purpose, any adult so long as that adult is not an enforcement officer

82
Q

Evidence Act 2006
Section 222 - Nominated person - role & requirements

In what circumstances can the Police ‘not accept’ the person nominated:

A
  • if the nominated person would be likely to attempt to pervert the course of justice
  • a co-offender
  • if the nominated person cannot, with reasonable diligence, be located
  • if the nominated person would not be available within a period of time that is reasonable in the circumstances

In these circumstances the CYP can nominate another person, until they refuse or fail to nominate another suitable person.

83
Q

The Coroners Act 2006
Deaths that must be reported to the Coroner:

A
  • Suicide
  • Cause unknown / no Doctor’s certificate issued
  • Unnatural or violent death
  • Medical / Surgical / Dental operation or procedure
  • Birth deaths / deaths as a result of pregnancy / giving birth
  • Institutional deaths (psychiatric hospital / children’s home / prison / police custody)
  • Enactment requires holding of an inquest (various Acts of Parliament demand this)
84
Q

The Coroners Act 2006
Role of Police is to…

A

act as the Coroner’s Agent in investigating the death and gathering evidence to enable a Coroner to make determinations under the Act

85
Q

The Coroners Act 2006
The Police have a duty to report a death…

A

immediately, by phoning NIIO

this office is staffed 24/7

86
Q

The Coroners Act 2006
Coronial Inquiry
The Coroner opens and conducts an inquiry for three purposes

These are:

A

The first purpose:
* the fact a person has died
* identity of the deceased
* cause of death
* where and when death occurred
* circumstances of death

The second purpose:
* recommendations / comments that reduce the chances of occurrence of other deaths in circumstances similar to those in which the death occurred.

The third purpose:
* determine whether public interest would be served by death being investigated by other investigating authorities
* refer death to other authorities if satisfied public interest would be served by doing so

87
Q

The Coroners Act 2006
Coronial Inquiry
The Coroner must hold an inquiry into the following circumstances:

A
  • self-inflicted deaths
  • any death that occurs in official custody or care
  • any death in which the Coroner is not satisfied that the cause or circumstances of death have been clearly established
88
Q

Sudden Death
Initial scene attendance
what are the procedures when attending the scene:

A
  • note position of body
  • photograph body in position
  • note factors appearing to have contributed to the death (medicine bottles, condition of body, items immediately surrounding body)
  • preserve evidence
  • obtain full details of witnesses (statements)
  • if you suspect foul play call CIB (freeze, control, preserve)

Always inform your supervisor asap that you are attending

89
Q

Sudden Death
Who to inform
when someone dies you must inform…

A
  • their next of kin (NOK)
  • Coroner / NIIO (if there is no certificate of death or if it is a death that must be referred)
  • your supervisor
90
Q

Sudden Death
Establishing death
who is authorised by the Chief Coroner to issue a Verification of Death declaration?

A
  • registered medical practitioner
  • nurse - practitioner, registered or enrolled
  • registered midwife
  • intensive care paramedic / paramedic
  • emergency medical technician
  • police specialist (DVI / SAR / Dive squad) - obvious deaths only

body is not to be left unattended until VOD completed

91
Q

Sudden Death
Preparing the file
a Sudden Death file includes the following:

A
  • Sudden Death checklist (SUDDeath 01)
  • Report for Coroner (POL47 / 47a)
  • Verification of Death form (COR31)
  • Deceased Person Identification Form (POL265A)
  • Portrait photograph identification formal written statement
  • Statements from people who:
    -last saw the person alive
    -found the deceased
    -can provide relevant background history of the deceased
    -attending officers

Police College (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions