Sergeant CPK Flashcards
1
Q
OT Act 1989 Section 39
A
Place of safety warrant
Issued by a District Judge or JP or Registrar who is for the time authorised
Enter and search or remove and detain by force the child
where the child is in hospital direct the medical superintendent to keep that child at the hospital
2
Q
OT Act 1989 Section 42
A
Search without warrant
Enter and search or remove and detain by force the child
Produce identity and disclose powers being used
3
Q
OT Act 1989 Section 48
A
Out to late
Unaccompanied CYP in situation likely to impair mental or physical health
Maximum f 5 days once placed into custody
Young person means 15,16,17 year old
4
Q
OT Act 1989 4 principles
A
well being and best interests of the child
public interest
interests of any victim
accountability of the child for their behaviour
5
Q
OT Act 1989 Section 214
A
Arrest of CYP with out warrant
Witness views
Ensure appearnce
Evidence preservation
Property destruction
6
Q
OT Act 1989 Section 214A
A
Arrest of CYP for breach of bail
Has to of breached 2 or more previous times
7
Q
OT Act 1989 Section 215
A
Child to be informed of rights
Normal child rights
advise not required to accompany for questioning can consent and then refuse/withdraw
8
Q
OT Act 198 Section 215A
A
Rights to be explained on request
9
Q
OTA 1989 Section 216
A
Explain rights to CYP who is going to be charged
10
Q
OTA 217
A
Explain rights to CYP who is arrested
11
Q
OTA 218
A
Rights to be given in a manner and language appropriate to age and understanding
12
Q
OTA 219
A
Rights not required to be retold if previously given with one hour
13
Q
OTA 221
A
Admissibility of Statements
14
Q
OTA 222
A
Persons who may be nominated
Any adult except enforcement officer
Unless cannot be located or believed will pervert course of justice
15
Q
OTA 223
A
Statements made spontaneously can be admitted
16
Q
OTA 229
A
Requirement to advise parents that child at station for questioning
Not allowed to speak with child alone if fears for safety or if the child is being guarded.
17
Q
OTA 231
A
Person who may be nominated for info as to child being at station.
Any adult selected by child.
18
Q
OTA 233
A
Nothing in OTA affects powers of LTA for breath/blood alcohol procedures
19
Q
OTA 234
A
Custody following arrest.
Child should be released
20
Q
OTA 235
A
CYP arrested may be placed into custody of the chief executive if Police believe will breach WEEP
21
Q
OTA 236
A
CYP may be detained in custody if chief executive are satisfied that the child may abscond or be violent and suitable facilities are not available to the chief executive.
22
Q
Police response to family harm principles
A
Early intervention
culturally appropriate
safety
collecting risk info
accountability
working collaboratively
23
Q
Police Safety Order party names
A
Bound Person
Person at risk
24
Q
Time to arrest a person following brach of PSO
A
One month to locate and take into custody from date of breach
25
How long can hold someone in custody following breach of PSO
24 hours
26
Offences related to PSO's?
Failing to remain - can arrest
PSO's are considered complaints not offences
27
Issuing a PSO to CYP
Only if 16 or 17
```
Only if believe to prevent violence
and
OnDuty level of concern is high
and approval from senior sergeant
and senior sergeant has consulted OT
```
28
Protection Order Protected persons
Applies to children automatically if below 18, adult children need to be specifically nominated
29
Protection Order terms
Respondent
Applicant/protected
30
Non molestation and non violence orders
Treated as protection orders
If comes to attention they hold firearms need to inform inspector to consider revocation
31
FVA Dowry related violence
Dowry means solely or inpart from concersn about whether, how or how much any gifts goods money etc to other person.
32
FVA 14
Meaning of family relationship considerations
nature and intensity of relationship
amount of time spend together
place or places that time is ordinarily spent
manner in which that time was spent
Does not require a sexual relationship.
33
FVA 28
Power to issue PSO
34
FVA 31
Limit on issuing to child 16 or 17 years
35
FVA 32
Power to detain for issuing of PSO
Power to arrest for failing to remain
36
FVA 34
PSO must be served within 48 hours
37
FVA 35
Duration of order max 10 days
38
FVA 36
Power to effect vacation of land
39
FVA 37
Power to effect surrender of weapons
40
FVA 43
Power to take person into custody for breach of PSO for 24 hours max
41
FVA 44
release of person after 24 hours and issued a summons
42
FVA 60
Person can apply for a protection order
43
FVA 79
Court can make protection order if court satisfied it is needed
44
FVA 80
Protection of people other than applicant eg child
45
FVA 90
Standard conditions
no violence
no contact
46
FVA 98
Standard condition to not possess weapons
47
FVA 99
Protection order suspends or revokes weapons
48
FVA 100
Protection orders means surrendering firearms licence
49
FVA 112
Offence to breach protection order
It is a defence if can prove had a reasonable excuse for breach
50
FVA 113
Power to arrest for breach of Protection order
51
FVA 176
Police to consider use of powers under Arms act
52
Trespass Act 1980 Sec 12
Any person who commits an offence against that act and is carrying a weapon may be disqualified from holding a firearms licence
53
Arms Act 1983 Sec 40
On demand person in possession of weapon to give name address and DOB
54
Arms Act 1983 Sec 66
Occupier of premises or driver of vehicle deemed to be in possession of firearm that is found
55
S & S S18
Warrantless search of person, place or vehicle (or anything under their control) for arms
56
Coroners Act S 128
Application to remove body if family doesn't allow
Apply for warrant if direction from coroner given (S20)
57
Coroners Act 129
When executing warrant (S128) may use reasonable force
58
Policing Act 32
Identifying particulars of person incustody
photo
fingerprints
biographical details - name address DOB
59
Policing Act 33
Power to take identifying particulars when summoned
60
Policing Act 36
Care and protection of intoxicated person
no longer than 12 hours
61
Victim Rights Act S7
Treatment with respect dignity courtesy compassion privacy
62
Victims Rights S8
Access to services
```
welfare
health
counselling
medical
legal
```
63
Victims Rights S11
Info about programmes remedies services
64
Victims Rights S12
Info about proceedings
65
Victim Rights S17
Information to be ascertained from victim - all related info injuries losses, damages
66
Victim Rights S17 AA and AB
Victim impact statements - should include ant children who were present/involved
can include photographs/diagrams
67
Victim Rights S18
Procedure before ascertaining info from victim
that it is for a impact statement
info must be given as truthful
68
Victim Rights S29
Specified offences
69
Victims Rights S29A
Commissioner to decide if the offence is a specified offence
70
Victim Rights S30
Victims views about release/bail
71
Victim Rights S31
Police to give victims of specified offences info about right to appoint repesentative
72
Victim Rights S40
Right to appoint repsentative to recieve notice on behalf of victim
73
Victim Rights S49
Vcimtims can make complaints if rights not adhered too
74
Victim Rights S51
return of property
75
S & S 20
Warrantless search places and vehicle for drugs
76
S & S 21
Warrantless search of people found in or on places or vehicles
77
S & S 22
Warrantless power to search people for drugs if reasonable grounds to believe
78
Mental Health 38
Call for assistance of DAO when person may need assessment
79
Mental Health 41
DAO can call for Police Assistance
Only enter with out a warrant if not practical to obtain one
80
Mental Health Section 109
Mental Health in public
81
Mental Disorder definition keywords
poses a serious danger,
seriously diminished capacity to look after themselves
82
Mental Health 122B
Power to use force
83
Sale and Supply Alcohol 266
Closure of licensed premises by Police
fighting or serious disorder has or is likely to happen
84
SSA 267
Powers of entry licensed premises
85
SS 269
Power to deman info
Name address dob
86
Riot definition
6 or more person acting together using violence against persons or property
87
How long can you close a liquor premises for
no more than 24 hours
can use reasonable force
88
local government act 169
power of search arrest and seizure in relation to alcohol bans
89
local government 170
inform and provide opportunity to remove liquor container
90
What is deemed as alcohol
contains more than 1.15% ethanol
91
S & S 7
entry to arrest person unlawfully at large
suspect at large and believe person in place or vehicle
92
S & S 8
entry to avoid loss of offender or evidential material
believe
93
S & S 14
emergency powers
94
S & S 15
Entry and Search of places to find and avoid loss of evidential material
Suspect offence punishable by 14 years
Believe evidential material will be CADD
95
S & S 16
Search of person in public place believe evidential material 14 years plus
96
S & S 17
Search of vehicles in public place believe evidential material 14 years plus
97
S & S 18
Suspect there are arms in any place or vehicle
98
S & S 28
Search vehicles if suspect offensive weapons
99
S & S 29
Search vehicle in public place for stolen property
Believe
100
S & S 83
Entry and search of places after arrest if believe evidential material and CADD
101
S & S 84
Entry and Search of vehicle after arrest evidential material
102
S & S 92
Consent search to prevent offence or protect person or property
103
Restriction on consent search under 14
cannot consent unless found driving a vehicle and no passenger of or over 14
104
S & S 113
Can call on a person to assist in search
must provide reasonable supervision
105
S & S 117
Power to secure and seize a place whilst waiting for search warrant if believe CADD
max 6 hours
106
S & S 118
Power to detain person within search warranting or entering place or vehicle
107
S & S 119
Power to search persons within search warrant
108
S & S 120
Power to apprehend person that flees search warrant if been freshly pursuing
109
S & S 110
power of entry
use force
and seize
110
S & S 127
if search warrant authorizes search and entry of vehicle may enter any place you believe the vehicle is to locate and search it
111
S & S 131
Must provide warrant before entering
112
S & S 112
Items of uncertain status may be removed for examination or analysis
113
S & S 121
power to stop a vehicle
114
S & S 122
power to move vehicle for search of believe required for safekeeping
115
S & S 128
Duty to remain stopped (vehicle)
S & S 177 power to arrest if failing to stop or to remain stopped
116
S & S 129
Duty to provide info to vehicles driver
117
S & S 9
Stopping vehicles without warrant to effect arrest
118
S & S 30
Sergeant (or acting) authorization for warrantless road block
119
S & S 31
Must keep written record of log book and duration of road block
120
S & S 11
warrantless search of peoples locked up or about to be
121
S & S 85
rub down search of arrested or detained
122
S & S 88
warrantless search of arrested or detained if believe carrying something may harm or facilitate escape or evidential material
123
S & S 125
RAN - Person
124
S & S 131
RAIN - Place/vehicle
125
Crimes Act Section 39
Use of Force
126
CA S40
Preventing escape or rescue
127
CA 41
prevent suicide
128
CA 42
Prevent breach of the peace
129
CA 202A
Possession of offensive weapons
130
BOR 8
right not to be deprived of life
131
BOR 9
not subjected to torture
132
BOR 13
freedom of thought or conscience or religion
133
BOR 14
freedom of expression
134
BOR 15
manifestation of religion or belief
135
BOR 16
freedom of peaceful assembly
136
BOR 17
freedom of association
137
BOR 18
Freedom of movement
138
BOR 19
freedom from discrimination
139
BOR 20
rights of minorities
140
BOR 21
unreasonable search and seizure
141
BOR 22
liberty of the person not arbitrarily arrested or detained
142
BOR 23
Rights of person arrested or detained
143
BOR 24
Rights of person charged
144
BOR 25
Minimum standards of criminal procedure
145
Road Policing Overriding Principle
No duty is so urgent that it requires the public or police to be placed at unjustified risk
146
Can a tactical approach be used once a fleeing driver incident initiated
No
147
LTA 113
```
Direct
Inspect
Move
Direct
Forbid
Forbid
```
148
LTA 114
Power to stop and get details off driver
149
LTA Section 119
Entry power after fresh pursuit
150
LTA 120
Power of arrest for alcohol or drug offences or assault officer
151
LTA 121
FARMED
Immobilise
152
LTA 121A
Immobilise if breach conditions of license
153
Policing Act 35
Temporary closure of roads
disorder or danger to public
154
Police vision
to be the safest country
155
Commissioners three priorities
be first then do
delivering the services new zealanders expect and deserve
focused prevention through partnerships
156
Police purpose
ensure everybody can be safe and feel safe
157
Police mission
prevent crime and harm through exceptional policing
158
Police goals three focus areas
safe home
safe roads
safe communities
159
Police operating model
prevention first:
prevent crime and victimization
target and catch offenders
deliver a more responsive police service
160
Te Huring O Te tai
What are the three pou
our people and our mind set
effective initiatives and improved practice
effective partnerships
161
Prevention first core components
People at centre and then:
deploy to beat demand
target drivers of demand
mindset every oportunity to prevent harm
162
drivers of demand
```
families
youth
alcohol
roads
organised crime
mental health
```
163
Pou 1 Mataara
our people our mindset
164
Pou 2 Mataaho
effective initiatives and improved practice
165
Pou 3 Hourua
Effective partnerships
strenght based approach ie focus on the positive attributes
166
PHOF five frameworks
```
strategy
culture
leadership
capability
performance management
```
167
PRIMED
```
Professionalism
Respect
Integrity
maori
Empathy
Diversity
```
168
Policing Act Section 8
rule of law by mcdowell and webb
defines the relationship of the government and its people that people in a society should be governed by a law and should be free from arbitrary government
169
Policing act 9
functions of police
170
Policing act 20
code of conduct
171
policing act 30
command and control
172
policing act 63
acting appointments
173
performance management is about
seeking improvement through dialogue
174
Performance management steps
step 1 informal discussion
step 2 performance meeting
step 3 performance improvement plan (PIP)
step 4 completion of the PIP - required standard reached
175
Kia Tu
new speak up initiative
176
Kia tu Principles
te putahi o te tangat/people centric
whakawhirinaki/trusted
whaiwhakaaro/responsive
tikanga haumaru/safe
noho haepapa/accountable
177
Kia tu
| responding to unacceptable behaviour
address it yourself
address it with support
address it with a manager
report it confidentially
178
IPCA 13
duty of commissioner to notify authority of incident involving death or serious bodily harm
179
IPCA 15
duty of commissioner to notify authority of complaints
180
rules of evidence
how evidence may be given
who may give evidence
what type of material may be given by the evidence
181
probative value meaning
how strong evidence is
182
prejudicial meaning
premature judgement or unwarranted opinion
183
veracity
disposition of person to refrain from lying
184
evidence act 6
purpose
to establish facts
in line with person rights
185
evidence act 7
fundamental principle that relevant evidence is admissible
186
evidence act 8
general exclusion
judge ay exclude if probative value outweighed by risk
187
evidence act 9
admission by agreement between defence and prosecution - judge may disagree
188
burden of proof
lies with the prosecutor
189
evidential burden
once something becomes a 'live isue' it is then up to the prosecutor to destroy the evidence
190
prosectuion must prove
beyond reasonable doubt
191
defence must prove
balance of probabilities
192
Evidence Act 121
corroboration
court can act on one persons account if satisfied it is reliable
193
Who must take oath
12 years and older
194
Evidence Act 84
witness gives evidence first
195
Criminal disclosure act 13
must be made ASAP after not guilty please or first appearance for a CYP
196
Criminal disclosure act 15-18
withholding of information in certain situations
197
evidence act 79
support person for complainants and child witnesses
198
are witnesses entitled to communication assistance to understand proceeding outside of their giving of evidence
no
199
evidence act 72
judge jurors counsel not to give evidence
200
evidence act 73
compellability of defendants and associated defendants
201
privilege
right for witness to refuse to disclose or to prevent disclosure
does not include marital privilege
202
what is hearsay
statement made by a person other than a witness and is offered as evidence at the proceeding to prove the truth of its contents
203
evidence act 18
general admissibility of hearsay if circumstances provide reasonable assurance the statement is reliable
204
Evidence act 46
Voice ID statements generally inadmissible unless prosecution proves reliable ID
205
what is risk
effect of uncertainty on objectives
206
police four key risk categories
operational
corporate
portfolio
strategic
207
risk management prcess
establish context
identify risk
analyse risk
evaluate
take action
208
command and control elemnts
leadership
decision making
control
209
CIMS
Coordinated Incident Management System
210
Three specific command levels
tactical
operational
strategic
211
AFCO
Aim
Factors e.g. So what?
Course of Action
Outline Plan
212
GSMEAC
```
Ground
Situation
Mission
Execution
Admin and Logistics
Command and Signals
```
213
Civil Defence Act 86
evacuation of premises and place
214
CD 87
entry on premises
215
CD 88
closing roads and public places
216
CD 89
removal of aircraft, vessels, vehicles
217
CD 90
requisitioning powers
take control of land building vehicle
must provide written statement
218
CD 91
power to give directions
Includes power to get person to obtain structural assessment
219
CD 92
power to carry out inspections
220
CD 93
person exercising power to provide proof of ID
221
CD 95
person commits offence if fails to comply
222
CD 98
Obstruction offence
223
CD 104
penalty for offences $5000 or $50000 for corporate
