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355 > SU04 Suspect Pathways > Flashcards

SU04 Suspect Pathways Flashcards

1
Q

What are the five options available to you after an offence has been identified?

A 
Report
Arrest
Summons
Supported resolution 
Formal warning
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2
Q

What are the four options available to you after an arrest?

A

Charge
Formal warning
Supported resolution
Release without charge

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3
Q

What are the three options available to you after charging someone?

A

Bail
Hold in custody
Summons

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4
Q

What should you consider after bailing, summonsing or holding someone in custody after an arrest or summons?

A

Diversion

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5
Q

From the Solicitor Generals Prosecution Guidelines, when only should prosecutions be initiated or continued?

A

When the Test for Prosecution is met.

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6
Q

What are the two main components of the Test for Prosecution?

A

Evidential Test and Public Interest test.

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7
Q

What is the evidential test, in relation to the SGPG?

A

Sufficient evidence to provide a reasonable prospect of conviction.

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8
Q

What is the public interest test, in relation to the SGPC?

A

The prosecution is required in the public interest.

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9
Q

What is a formal warning?

A

A lawful alternative to prosecution for some low level

offences.

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10
Q

What is the criteria for a formal warning?

A

An offence that is punishable up to 6 months only.

An admission of guilt from the offender

No prior formal warning for the offence

Approval from sergeant or higher

Public interest and evidential sufficiency.

Confirming the suspects identity.

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11
Q

How long does a person have to dispute a formal warning?

A

1 month.

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12
Q

Can a formal warning be done on the street? or does the person have to formally warned back at the station?

A

Can be done on the street.

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13
Q

Who sends the physical formal warning to the offender?

A

The Police File Management Centre.

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14
Q

What are some of the benefits of a formal warning.

A

Doesn’t bog down the court.
Doesn’t take Police off shift to attend court.
Faster Processing.
Better outcomes for offender and victim.

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15
Q

What the four main actions in for just reporting an offence?

A

Further enquiries required.

Issuing an infringement notice.

Report with a view to warn.

Report with a view to summons.

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16
Q

What do the options of reporting the offence mean?

A

No decision needs to be made at the time.

A Decision could not be made at the time.

The initial decision made by you must be ratified by your supervisor due to Police policy.

17
Q

What are the benefits of reporting with view to summons?

A

More time to prepare the prosecution file.

Still able to take finger prints and photograph of suspect.

Able to release with conditions

18
Q

What are the disadvantages of reporting with view to summons?

A

Prosecution process is prolonged.

The offender will have to be tracked down later on.

19
Q

What are the four factors to consider when choosing between summons or arrest?

A

Witness interference.
Ensure appearance before court.
Prevent loss or damage to evidence.
Prevent further offending.

20
Q

How does arresting someone ensure they are appear before the court?

A

As you have arrested them and taken them into Police custody, they are picked up at next available time and relocated to Court custody.

21
Q

What are six examples when arrest is appropriate?

A

To stop the offence and prevent further offending.

The offence is of a serious nature.

The offender will not give particulars.

The offender is likely to destroy evidence or interfere with a witness.

The offender is absconding or likely to abscond.

The offence comes under the scope of legislation where an arrest is a must, like breaching a PO.

22
Q

What is the criteria in deciding whether a written traffic warning is appropriate?

A

History of the offender.

Seriousness of the incident.

Is it an compliance issue that would be more suited with an ION (infringement offence notice)

Was their trauma or injuries.

23
Q

What is Te Pae Orranga?

A

An Iwi Community Panel used to deal with offenders and prevent reoffending. Creates alternative outcomes and action plans with conditions.

24
Q

Who is included in the Te Pae Oranga panel?

A

Police
Offender
Community leaders
Victim if willing

25
Q

What is the eligibility criteria for Te Pae Oranga?

A

18 years or over.

Admit responsibility for the offence and be a willing participant.

The offence must not be punishable by over 6 months imprisonment.

26
Q

What are the two purposes of Diversion?

A

Rehabilitation and reparation.

27
Q

What offences can be eligible for diversion on a case by case basis?

A

Category 2-3

28
Q

What is the purpose of diversion?

A

To give first time offenders a chance at not getting a conviction.

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