Random Flashcards
Use of force: Crimes Act 1961 Section 39
Reasonable force used in executing an arrest.
Use of force: Crimes Act 1961 Section 40
Reasonable force used in preventing escape or rescue.
Use of force: Crimes Act 1961 Section 41
Force used in preventing suicide and certain offences.
Use of force: Crimes Act 1961 Section 42
Reasonable force used to prevent breach of the peace.
Use of force: Crimes Act 1961 Section 48
Force used in delf-defense and defense of another.
Use of force: Crimes Act 1961 Section 62
Excess use of force: Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.
Power of arrest Crimes Act 1961 Section 315 (2)(A) + 315(2)(B)
Any constable (and all persons whom they called to their assistance) may arrest and take into custody without warrant anyone who he:
A- finds disturbing the peace OR committing any offence punishable by imprisonment.
B- has good cause to suspect of having committed a breach of the peace OR committed any offence punishable by imprisonment.
Power of arrest Summary Offences Act 1981 39 (1) + 39 (2)
Any constable (and all persons whom they called to their assistance) may arrest and take into custody without warrant anyone who he:
1- Has good cause to suspect of having committed an offence against this act (except sections 17-20, 25, 32-38).
2- Within view does an act the constable believes is an offence against sections 17-20, 25, 32-38 AND fails to give name & address or gives false particulers.
What is WEEP (reasons to arrest)
W- Witness/Victim protection
E- Ensure appearance in court
E- Ensure safety of evidential material
P- Prevent further offences
Formal ‘Arrest’ procedure
You are under arrest for ….
+
Formally touching the person
+
Acknowledgement / agreement from person (running away = acknowledgement)
Section 316 of the Crimes Act 1961 states that a person under arrest must be:
Informed of the reason of arrest at the time of the arrest, unless it is impracticable to do so.
Bill of rights act 1990 Section 21
Everyone has the right to be secure against unreasonable search and seizure of their person, property or correspondance.
Bill of rights act 1990 Section 22
Everyone has the right not to be arbitrarily arrested or detained.
Bill of rights act 1990 Section 23
Every person arrested or detained under any enactment have rights and must be informed of those rights.
Bill of rights act 1990 Section 24
Every person charged with an offence have certain rights and must be informed of their rights.
What are the duties of a Scene Guard?
UNBENT
Unauthorized people no entry
Notebook noting of anyone entering/exiting
Brief authorised people entering/exiting
Eyes up to report and record suspicious activity
No contaminating the scene
Take all animals out of the scene
Relevant information to obtain on-route to event
What happened
Suspect description
Who is authorised
Entry/exit point
Common approach path (CAP, route in and out of the scene to avoid possible routes taken by offender/victim)
Scene boundries
-Informant/Victim
Relavant info to obtain from Informant
Id victim / Offender
Direction and mode of travel
Vehicles of interest
Weapons
NADPOO of informant
VAWSEEPO stand for:
V- Victim (NADPOO + employer details)
A- Appreciation (Strategic plan based on the info at that moment)
W- Witness (Interview & Statements)
S- Scene (Think BIG, CAP, FCP)
E- Exhibits (Build story with evidence)
E- Elements (ID offence, Establish & Prove)
P- Powers (Arrest/Detain, Search/Seizure)
O- Offender (Warning/Arrest)
Policing Act 2008 section 32
Obtaining the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for committing an offence.
Policing Act 2008 section 33
Obtaining information that may be used now or in the future by the Police for any lawful purpose for summon.
Public place
Means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place 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.
Offensive weapon
In a public place: Any article made, altered or intended for causing bodily injury.
In any place: Any article capable of being used for causing bodily injury.
What is the role of the Coroner?
Judicial officer to look into unexpected, violent or suspicious deaths.
Deaths that must be reported to the Coroner:
SCUMBIE
Suicide
Cause unknown/No doctors cert issued
Unnatural or Violent deaths
Medical/Surgical/Dental operation and procedure
Birth
Institutional
Enactment
When do police need to report the deaths to the Coroner (NIIO)
Immediatly when found or learnt of death.
Who carries out the Post Mortem?
Carried out by a Pathologist authorized by the Coroner.
Coronal Inquiry purpose
-Establish the fact that someone has died
-Cause of death
-Circumstances of death
-Identify deceased person
-When and where the person has died
-Comment/recommend to prevent similar deaths.
For which reasons MUST an inquest be held?
-Suicide/Self inflicted
-Institutional
-Any death in which the coroner is not satisfied the cause or circumstances of death have been clearly established.
Who is a missing person?
Any person who is reported missing to police AND
Who’s whereabouts are unknown AND
There are fears for the safety, or concerns for the welfare of that person.
What are 3 points to consider if there are genuine reasons for safety of a missing person?
Age
Zone of safety (if a person is outside of their usual surroundings and is unable to cope)
Circumstances (Unusual/dangerous/suspicious)
Info to obtain for a missing persons report?
Full details, Physical appearance, State of health, Doctor/Dentist, Bank accounts, Passport/IRD nr, Occupation.
Where, when, and by whom they were last seen, What they were wearing, Where they may have gone, Possible reasons for disappearance, Gone missing before, What enquiries have friend and fam already made, Obtain photograph.
