Recruit Flashcards
1
Q
Elements of assault
A
Assaults
Another person
2
Q
Elements of burglary
A
-Enters
-Any building OR any ship OR any part of a building Or any part of a ship
-Without authority
-With intent to commit an imprisonable offence in the building OR
With intent to commit an imprisonable offence within a ship
3
Q
What are the section refers to police UOF during search, warrant, arrrst
A
Section 39- UOF arrest,search, warrant
4
Q
What section CA refers to police UOF relating to offenders fleeing custody
A
Section 40
5
Q
What section refers to UOF to prevent suicide?
A
Section 41
6
Q
What section refers to use of force to prevent breach of peace?
A
Sec 42
7
Q
What section refers to UOF for self defence
A
48-save a mate
8
Q
What section refers to excessive UOF
A
Sec 62- in the poo
9
Q
What does sec 7 victims rights act refer to?
A
Treatment- any person who deals with victims must treat them with utmost courtesy compassion and respect
10
Q
What does sec 8 VRA refer to?
A
Rights of victims to access services
11
Q
What does sec 11 VRA refer to?
A
Victims must be informed of services available to them
12
Q
What does sec 12 VRA refer to?
A
Victims right to be informed of matters related to court proceedings regarding their case, including the victims role as a witness
13
Q
What does sec 51 VRA refer to?
A
Return of property held as evidence- as soon as practicable after it is no longer needed for evidence purposes
14
Q
What is the purpose of sec 29 VRA?
A
Victims of special (serious) crimes to be informed of information about offender, death, bail, escape, parole,
15
Q
What obligation does sec 29 VRA place on police?
A
Police must inform victim of special crimes of right to be on notification register
16
Q
What are the elements of wilful damage?
A
Intentionally
Damages
Property
17
Q
What is transferred malice?
A
When an offender goes to assualt person but someone other than the intended victim is hit
18
Q
Who is defined as a victim?
A
A person against whom an offence is committed by another person
A person who suffers injury or loss due to an offence
Parent of child against who an offence is committed
Immediate family of someone who does or is inable due to offence
19
Q
Explain purpose of NIA victims contact node
A
Place where victims details are kept for notifications, contact etc
20
Q
What is the purpose of CSV1 form?
A
It is used to refer a victim to a court victims advisor
21
Q
What is the timeframe for prosecution for wilful damage?
A
6 months
22
Q
What is actus reas?
A
A physical action
23
Q
What is Mens Rea?
A
Intentention of action
24
Q
Explain how to apply offence analysis
A
The elements of a crime is broken down to each element that must be met by the actions of a person in relation to the offence and evidence presented to prove those acts in order to charge them.
25
What is LEGO?
No LEAVES torn out
No ERASURES
No GAPS
no OVERWRITTING
26
What is sec 21 BORA 1990
Everyone has the right against seizure of person, property, correspondence
27
What is sec 22 BORA 1990?
Everyone has the right not to be arbitrarily detained
28
What is sec 23 BORA 1990?
Persons arrested have rights and must be informed of those rights
29
What is sec 24 BORA 1990?
Everyone charged with an offence has rights and must be informed of those rights
30
Recite the BOR for arrest
- You are under arrest for_____
- You have the right to remain silent
- You have the right not to make a statement
- Everything you say will be recorded and may be used as evidence in court
- you have the right to speak with a lawyer without delay and in private before deciding to answer any questions
- police have a list of lawyers you may speak to for free
-do you understand?
31
Recite BOR for detaining
You are being detained under section_____ of the ____ act.
OR
You are being detained under the ________ act
32
At what point is a person deemed detained?
When they reasonably believe by words or actions of an officer that they are unable to leave
33
What is the difference between lawful and reasonable?
Lawful is when an action is justified by a law or act
Reasonable is whether or not the actions taken were justified or used an excess of powers or authority, in bad faith, breaches BORA
34
Explain freeze, control, preserve
Freeze- keep scene on original state, nothing touched or moved
Control- all movements to and from scene, all activity in contained area
Preserve- all relevant exhibits
35
What is vawseepo?
```
Victim
Appreciation
Witness
Scene
Exhibits
Elements
Powers
Offender
```
36
What info should you consider en route to a job
```
Offender description
Direction of travel
Weapons
Vehicles
Note vehicles leaving scene
Plan SFP
Plan initial actions with colleagues
```
37
What are the responsibilities of a scene guard?
```
UNBENT
UNAUTHORISED persons
NOYEBOOK- persons arriving leaving scene
BRIEF authorised people
EXPLORE suspicious activity
NO contaminating scene
THINK about animals
```
38
What two things should be considered when setting scene boundaries?
- think BIG
| - offender/victim entry and exit points including vehicles
39
What is a common approach path?
A path different from the offender/ victim to access the scene that does not contaminate or destroy any evidence/exhibits
40
What info should be on a SITREP?
- info to help locate offender
- advise what assistance needed
- use radio in private
- don’t give victims particulars over radio
- provide location of SFP to attending staff
41
What info does a scene guard need before taking up duties?
- who is authorised to enter
- scene boundaries
- designated entry point
- point of exit
- CAP
- what happened at scene
- are there any suspects?
42
What is the procedure for seizures of exhibits?
- do not touch until examined
- consider photographing
- consider fingerprints
- note position in notebook
- secure exhibit appropriately
- ensure chain of custody
- complete property app
43
Define cross contamination
Cross contamination is when two objects come into contact with each other. This reduces the ability to connect items with the offence committed.
44
What is the chain of evidence
The trail of people who handled the evidence which must be documented. Each person who handles the evidence must detail how they cared for stores it until they passed it onto the next person
45
What is the mandatory info for a 3T?
Call sign, registration, location
46
How are call signs composed?
- first two letters district
- Next letter is unit type
- number to identify unit (up to 3)
47
What is 10-2
Unit en-route
48
What is 10-1?
Message for all units
49
What is 10-3?
Unit available
50
What is 10-7?
Unit has arrived
51
What is 10-9?
Urgent message
52
What is 10-10?
Officer in danger, immediate assistance
53
What is K-1?
No further action, close CAD event
54
What is K-3?
Although reported as an No offence disclosed/ found, no further action required, no NIA occurrence will be created. close CAD event
55
What is K-6?
Written report to be submitted, close event
56
What is K-9?
Person arrested close event
57
What is the order of the courts?
Supreme
Appeals
High
District
58
Category 1 offence?
Fine only
59
Category 2 offence?
Imprisoned less than 2 years
60
Category 3 offence?
Imprisoned 2 years or more, jury trials
61
Category 4 offence?
Must be heard in high court
62
What is hearsay evidence
Oral or written evidence from someone who was not a witness.
Eh. Someone who is told about something by the witness but didn’t see it for themselves
63
Opinion evidence
- Opinion of an expert in a field of study
- witness identifying person
- handwriting id
- persons age
- witness own mental/physical state
64
What is propensity evidence
Evidence on past behaviours or tendency to act
65
How can a witness be unavailable?
```
DUNCO
DEAD
UNAVAILABLE
NOT COMPELLABLE
CANNOT BE FOUND
OUTSIDE NZ
```
66
What deaths must the coroner be informed about? (Reported)
```
SCUMBIE
SUICIDE
CAUSE UNKNOWN
UNNATURAL OR VIOLENT
Birth deaths
MEDICAL
INSTITUTIONAL
ENACTMENT
```
67
What deaths must a coroner investigate?
The death is self inflicted
The dead person was is custody or care
The coroner is not satisfied that an inquiry has fulfilled its obligations under the act
68
Define child
A person under 14 years of age
69
Define young person
A person of or above the age of 14 but younger than 18
70
What are police powers sec42 OT act?
Any Constance that believes it is critically necessary to protect a child young person from injury or death may search any dwelling and remove by force if necessary and place child YP in care of OT
71
What are police powers sec 48 OT act?
If a child/YP is found unaccompanied by parents and who’s mental or physical health is at risk of or is being impaired police may detain and return to parents or if they refuse, place into care of OT
72
What actions should be taken upon arrival at an incident/job
- park on a safe clear area
- advise comms of arrival
- revise plan if necessary
- be aware of what is happening
- ask nearby people what is happening
- provide update to comms
73
What is the order of priority when attending incidents?
```
1-ensure safely of attending officers
2-risk assess
3-establish who is present at scene
4-locate informant
5-identify victim and offender
6-update comms
7-ask informant location of scene
```
74
What is the paramount principle of OT act 1989?
The well being and best interests of the child/YP are the first and paramount consideration
75
What does sec 39 OT act refer to?
The section giving social workers usually OT warrants with powers to search and remove children from premises if that child/young person is at risk of harm
76
What does sec10b summary offences act refer to?
Leaving a child under 14 years of age without suitable care or supervision
77
In TENR what are the 4 elements that make up the Threat consideration?
1-intent
2-capability
3-opportunity
4- environment
78
What does TEDS stand for?
- tell me
- explain
- describe
- show me
79
What does AWOCA stand for?
Ask, why, options, confirm, action
80
What the elements of theft?
-Dishonestly
-Without claim of right
-Takes
-Any property
-with intent to deprive any owner permanently of that property
OR
-with intent to deprive any owner permanently of any interest in that property
81
What are the elements of robbery?
- theft
- accompanied by violence OR threats of violence
- to any person OR any property
- used to extort the property stolen OR to prevent or overcome resistance to the property being stolen
82
What is aggravated robbery?
- any person robs any person and at the time , before, or after the robbery causes grievous bodily harm to any person
Or
- being together with any other person or persons, robs any person
Or
- a person armed with an offensive weapon or instrument (including firearm), robs any other person
83
What is Assault with intent to rob?
Any person assaults another person with the intention to rob them ( but no theft takes place)
84
What is demanding with intent to steal?
Anyone who, with menace or by any threat demands any property from any persons with intent to steal it
85
What are the elements of receiving?
- Receives
- Any property stolen OR any property obtained by any other imprisonable offence
- knowing that property to have been stolen or so obtained
OR
Being reckless as to whether the property has been stolen or so obtained
86
What is doctrine of recent possession?
When a person is found in possession of stolen property the onus is on the person to provide an explanation for having it or be charged with theft or receiving
87
What is inconsiderate driving?
Driving that includes inattention or thoughtless acts as well as deliberate one which is inconsiderate to other road users
88
What is careless driving?
Falling below the standards of a reasonably prudent motorist
89
What is dangerous driving?
Driving in a manner or speed which was or might have been dangerous to anyone
90
What is reckless driving?
- Knowingly disregarding one’s duty as a driver
| - deliberately running an unjustifiable risk of injury or collision
91
What is the definition of a vehicle?
A contrivance equipped with wheels, tracks, or revolving runners on which it is moved
92
What is DIMDFFD
```
Direct
Inspect
Move
Direct
Forbid
Forbid
Direct
```
93
In LTA What does section 113 refer to?
DIMDFFD
DIRECT to give details. INSPECT test and examine part of a vehicle or LTA document. MOVE or authorise another to move a vehicle obstructing or in interest of road safety. DIRECT driver to remove vehicle from road(obstruction,road safety). FORBID unlicensed driver to drive.
FORBID a person without license to operate transport service. DIRECT a person using a vehicle or animal or pedestrian
94
In LTA What does section 114 refer to?
Power to stop vehicles and demand details.
95
What is the power of arrest under LTA sec 114(6)?
Fails to stop. Refuses to supply details. Good cause to suspect false details given
96
In LTA What does section 115 refer to?
Power to ban vehicles from the road
- pink sticker
- green sticker
97
If a person fails to comply with a directive given under section 115 LTA what section gives you arrest powers?
Sec 116 LTA
98
In LTA What does section 118 refer to?
Power to direct owner of a vehicle to provide details of a driver/user/ passenger of the vehicle within 14 days if that person is suspected of committing an offence.
99
Under what circumstances can you require details of a driver from owner of a vehicle IMMEDIATELY? under sec 118 LTA
Vehicle used in flee police pursuit
100
In LTA What does section 121 refer to?
FARMED- taking keys- incapable of proper control, fails compulsory impairment test (CIT), refuses (CIT).
- FORBID that person to drive for specific time.
- ALL keys to be surrendered.
- RENDER vehicle immobile.
- EBA offender must be forbidden 12 hours.
- DIRECT that person to drive to a specific area for rest of exceeded driving hours
101
In LTA What does section 119 refer to?
Entering premise and seizing vehicle.
- freshly pursued vehicle.
- vehicle is about to be removed, concealed, destroyed.
- reasonably suspect vehicle used in crime
- it is impractical to kbtain a warrant
102
In LTA What does section 122 refer to?
Power to seize vehicle for 12 hours.
PRESERVE EVIDENCE,enable examination, establish cause of serious accident.
- vehicle has been involved in serious accident, hit and run, failed to stop for red and blues
103
When MUST police suspend a license under sec 95 LTA?
1. Breath alcohol over 650mcg
2. Blood alcohol over 130mgm
3. Breath alcohol over 400mcg and relevant convictions in 4 years
4 blood alcohol over 80mgm and relevant convictions in 4 years
5. Failed or refuses blood test under sec 72&73
6. Drove 40km over posted speed limit
7. Drove 50km over temporary speed limit
104
When must or may police impound boy racer vehicle under sec 96LTA?
Sustained loss of traction, unnecessary exhibits of speed or acceleration
105
What are the elements of being found on property without reasonable excuse?
- FOUND
- WITHOUT REASONABLE EXCUSE,
- IN OR ON,
- ANY BUILDING,
- OR ANY AIRCRAFT,
- OR ANY HOVERCRAFT,
- OR SHIP FERRY or OTHER VESSEL, -OR ANY VEHICLE
106
What are the elements of Resists Police?
-RESISTS
OR INCITES or ENCOURAGES ANY OTHER PERSON TO RESIST,
- ANY CONSTABLE or AUTHORISED OFFICER or PRISON OFFICER or TRAFFIC OFFICER ACTING IN THE EXECUTION OF THIER DUTY
107
What are the elements of obstruction? (Resists police)
-INTENTIONALLY OBSTRUCTS,
OR INCITES or ENCOURAGES ANY OTHER PERSON TO OBSTUCT,
- ANY CONSTABLE or AUTHORISED OFFICER or PRISON OFFICER or TRAFFIC OFFICER ACTING IN THE EXECUTION OF THEIR DUTY
108
What are the elements of fighting?
- FIGHTS
| - IN A PUBLIC PLACE
109
Define public place
A place that at any given time is open to or being used by the public, whether free or on payment of a charge, and whether any owner or occupier of that place is entitled to eject that person from that place, includes any vehicle, ship, ferry, aircraft, other vessel, that is carrying or available to carry passengers for reward, and includes the interior of any vehicle which is in a public place
110
What are the elements for wilful damage? (Fire)
- INTENTIONALLY
- SETS FIRE TO
- ANY TREE or VEGETATION
111
What are the elements of receiving stolen property?
- RECIEVES
-
-ANY PROPERTY STOLEN OR
ANY PROPERTY OBTAINED BY ANOTHER 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
112
What are the elements for Unlawfully takes Vehicle?
-DISHONESTLY
-WITHOUT CLAIM OF RIGHT
-BUT NOT SO AS TO BE GUILTY OF THEFT
-TAKES
-FOR HIS OR HER OWN PURPOSES OR
ANOTHER PERSONS PURPOSES
- ANY VEHICLE
OR
ANY SHIP
OR
ANY AIRCRAFT
OR
ANY PART OF A VEHICLE AHIP or AIRCRAFT
OR
ANY HORSE
113
What are the elements for unlawfully uses vehicle?
- Dishonestly
- Without claim of right
- uses
- For his or her own purposes OR
Another persons purposes
- any vehicle OR any ship OR any aircraft OR any part of any vehicle, ship, or aircraft OR any horse
114
What are the elements of Unlawful interferes with vehicle?
- Dishonestly
- without claim of right
- interferes with
- any vehicle OR any ship OR any aircraft
115
What are the elements of Unlawfully getting into OR upon?
- dishonestly
- gets into OR gets upon
- any vehicle OR any ship OR any aircraft
116
What are the elements in Trespass Act Sec4 of Trespass After Previous Warning?
- Being a person who has been warned under section 4 to stay off any place
- wilfully trespasses on that place
- within 2 years
117
What are the elements of sec 3 Trespass Act, Trespasses after warning to leave?
- Trespasses
- on any place
- after being warned to leave that place by the occupier of that place
- neglects to do so?
118
What does the acronym FARMED refer to?
- FORBID, that person from driving for a specified time
- ALL KEYS, to be surrendered
- RENDER, that vehicle immobile
- MOVE, or cause to be move any vehicle causing obstruction or hazard
- EBA, must be forbidden 12 hours
- DIRECT, that person to a specified place of rest if they have exceeded driving hours
119
When searching someone under sec 125, what 3 things must you do?
A) identify yourself by name or unique identity
B) advise the person of the enactment under which the search is taking place
C)produce evidence of identity if not in uniform
120
How long can you detain a person to carry out a search
As long as reasonably necessary
121
If a person refuses to be searched what must you do?
Caution them and if they still refuse arrest them for obstruction
122
What are the purposes of a s85 search?
- person is arrested or detained
| - to ensure the person does not have anything to harm any person or use to escape
123
What is the purposes of an s88 search
- believe there is evidential material on the person
- or may be used to harm any person
- may facilitate escape
124
Where can you do a s11 custody search
- at a police station or building used for police purposes
| - in a vehicle used for police purposes
125
What does RAN refer to?
Reason, Act, Name
126
What does s13 of the search and surveillance act refer to?
Property taken from a person must be returned when they are released unless the property is to be used as evidence or it is lawful to seize it.
127
Before undertaking a consent search what 3 things must you do?
1) it is for a purpose authorised by sec 96
2) advise the reason for the proposed search
3) advise that person that they may consent or refuse to the search at any time
128
What 2 searches would you use post arrest or k-9
85 or 88
129
What 2 searches could you use post detention?
85 or 88
130
What search would you use for custody?
S11
131
What section refers to consent searches
S93
132
What sec refers to drug searches
S22
133
What sec refers to arms searches
S18
134
What section refers to weapons searches?
S27
135
For what 4 reasons can you arrest a child or young person?
WEEP
1) ensure witnesses are not interfered with
2) Ensure attendance at court
3) ensure evidence is no tampered with
4) prevent further offending
136
At what age is a perso criminaly liable for murder/manslaughter?
10years
137
What are the adult and youth limits for drivers EBA. Blood and breath?
Breath: Youth 0. 1-150 ION fine.150+ disqualified 3 months. 400+ charged as adult
Adult: 0-250. 251-400 ION fine & demerits. 400+ 6 months disqualification summonsed to court
Blood:
Youth: 0. 1-30mcg ION fine demerits. 30+. 80+ charged as adult
Adult 0-80mcg. 81-130mcg ION fine demerits. 130+ sumonsed 6 months disqualification
138
What does s14 SASA refer to
If you have reasonable grounds to SUSPECT that in Relation to a PLACE or VEHICLE:
An offence is being committed, OR is about to be committed that would likely cause
-injury to any person
-serious damage to OR serious loss of any property
- there is a risk to the life or safety of any person that requires an emergency response
You may enter that place or vehicle without warrant and take any action that you have reasonable grounds to believe is necessary:
- to prevent the offending
- avert the emergency
139
What does S 7 SASA refer to?
Entry withou warrant to arrest person unlawfully at large:
If you have reasonable grounds:
-to suspect that a person is unlawfully at large
AND
- to believe the person is in a place or vehicle
You may enter that place without warrant to search for and arrest that person
140
What does S 8 SASA refer to?
Entry without warrant to avoid loss of offender or evidencial material:
If you have reasonable grounds to:
SUSPECT that a person has committed an offence punishable by imprisonment for which that may be arrested without warrant
AND
Believe that the person is in aplace or vehicle
AND
Belief that if entry is not affected immediately the person may leave the place or vehicle, and or evidencial material will be CADD
141
What does CADD refer to?
Concealed, Altered, Damaged or Destroyed
