Sudden Death Flashcards
A coroners role in relation to a death is.
Receive rpt from police.
Decide on post mortem.
Authorise release of body.
Decide wether to open enquiry. If
Purpose of coroners Inquiry is to.
Establish:
Person has died.
Persons identity.
When/where person died.
Cause and circumstances of death.
What deaths must be reported to police and in turn Coroner.
Unknown cause Unnatural Suicide Violent In custody Child birth While receiving medical, surgical or dental treatment.
Doctors certificate for death.
HP4720
Who is qualified to verify death.
Registered medical practioner.
Nurse - practioner, enrolled or registered.
Registered midwife
Paramedic
Intensive care paramedic
Emergency medical technician.
If immediate family does not allow removal of body or evidence police have power to:
Remove body(with warrant) Seize evidence(without warrant)
You can without a warrant, seize evidence relating to sudden death using reasonable force if:
Complying with direction under S20 or
Executing warrant for removal under S128.
Evidence seized relevant to post mortem must,
Be in immediate vicinity of body and relevant to post mortem.
Delivered to coroner.
When reporting to coroner is not required police must;
Inform deceased immediate family as soon as identity confirmed.
Police may be called to assist coroner give notice of significant matters.
Significant matters include:
Direction for post mortem.
Opening of inquiry
Date,time,place of inquest.
When inquiry completed.
Steps for death in custody.
Freeze scene
Notify CIB, DC
DC informs national manager.
Identifying particulars can be taken from someone lawfully detained for committing offence if that person is
At a police station
Any other place being used for police purposes.
Identifying particulars mean?
Name, address, DOB
Photograph
Finger, palm or foot prints.
Constable with GCTS who intends to charge by summons may detain at any place in order to;
Take identifying particulars, for the period necessary to take them.
Can you detain someone for detox from private premises?
No (unless they are trespassing)
How long can police detain for detox?
Must be released when no longer Intoxicated.
Can hold no longer then 12 hours.
Immediate family of victim means
Spouse, defective partner
Child or step child
Sibling or step sibling
Parent or step parent
Grandparent
Victim means
Person who offence committed against.
Parent or legal guardian of child victim
Immediate family of person who does or is incapable as result of offence.
How should victims be treated.
With courtesy and compassion and respect dignity and privacy.
Is support available for victims and their families.
Yes, any welfare, health, counselling, medical or legal needs arising from offence should have access to services.
Does the mother of a 15 year old assault victim get access to support?
Yes
A victim
Must be given information ASAP from contacted agencies about?
Programmes, remedies or services available.
A victim impact statement may include.
Information may include any photographs, drawings or other. Usual representations provided by victim.
What is the purpose of a victim impact statement
Enable victim to describe effects of offending.
Assist court in u der standing victims views of offending.
Inform public of impact of offending from
victims perspective.
What information is to be ascertained in victim impact statement.
Physical injury or emotional, financial any other matters as a result of offence.
What purposes (4) does the victim impact statement serve?
Assist court by providing information.
Information on effect helps balance info from pre-scentence rpt.
Provides victim with input into admin of justice.
Offender forced to recognise what they have done.
How should a VIS be written.
In “victim speak” not police jargon.
What is a specified offence.
Sexual nature.
Serious assault.
Result in serious injury, death or person becoming incapable.
Victim ongoing fears for their safety or safety of family.
Once registered victim can be notified of.
Temp release Abscond from home D Impending release Convictions for breach release condition Prison recall Parole board hearings Deportation hearings Claim opportunities (prisoner and victim claims act).
If victim of specified offence, commissioner must:
Right to request notice and appoint representatives
Victim may complain to
ombudsman.
IPCA
Privacy commissioner
Unplanned entry into clanlab police should.
Immediately remove person of interest.
Isolate site and maintain safety perimeter.
Preserve crime scene.
What is aim of unplanned entry procedures into clan lab.
Rapidly convert unplanned entry into planned response.
S20 search and surveillance
Enter and search place vehicle without warrant if reasonable grounds offence against misuse drugs act and not practicable to obtain warrant.
S21 search and surveillance
May search any person found in place/vehicle under S20.
S22 search and surveillance
Reasonable grounds to suspect search person for drugs.
Is approval required before exercising warrantless drug search
Yes unless impractical
What is an internal search
X ray or similar
A manual or visual examination through any body orifice (may conduct visual exam of mouth, nose,ears but must not insert anything into those orifices).
Can a warantless drug search be executed following the observations of someone’s demanour?
No - Collins v Police.
Court considered that acting on ground of suspicion could not be saved as reasonable under the act.
R v Royalton.
During strip search package falls from defendants broth, he picks up places in mouth.
Struggle leads to officer blocking nostril and holding throat, is this an internal search.
No - no object placed in defendants mouth by police.
Safety concerns for defendant.
What is a mental disorder?
Abnormal state of mind characterised by delusions or disorders of mood, perception, volition or cognition to such a degree it:
Poses serious threat to safety of them and others.
Seriously diminishes capacity of that person to take care of himself.
How long detain 1M?
6hours or time it takes to co duct exam(shortest one).
What is police role under mental health act.
Responsibilities for care rests primarily with MH services but police provide assistance where legislation provides for police intervention.
What is memorandum of u der standing between police and ministry of health.
Covers responsibilities, transportation and use of force and forms basis of local agreements with local MH.
Key words in mental disorder definition are.
Poses serious danger.
Seriously diminished capacity to look after themselves.
What legislation allows the use of force to prevent suicide.
S41 Crimes Act.
Powers to enter premises?
S8 - S&S, private premises for imprisonable offence.
S7 - S&S, unlawful at large(inpatient absconded).
S14 - S&S, safety of persons, property.
Police can close licensed premises when;
Riot
Fighting or serious disorder
Threat to public safety
Substantial public nuisance
5+ year offence and further risk or more.
Powers of entry for licensed premises.
A constable or inspector may at any reasonable time enter and inspect any licensed premises or any part of licensed premises to ascertain complying with provisions.
A constable or inspector may at any time enter any licensed premises when RGTB offence committed.
What action can be taken if person refuses particulars when RCTS offence against Sale/supply alcohol act.
If without reasonable excuse refuses or fail to provide when required to do so and persists in refusing or failing AFTER BEING CAUTIONED may be arrested.
How long must licensed premises stay closed if closed by police.
Until time stated in order which must not be later then 24 hours from end of day on which order served.
What should be taken into account when deciding closure of licensed premises.
Weight of evidence supporting closure
Previous interactions with police
Likely hood of escalating violence.
Impact on license.
What should be considered when deciding duration of closure for licensed premises.
When order likely restored.
Closure sufficient to address public nuisance concerns.
Impact on license.
A constable may for the purpose of ascertaining wether alcohol is present search:
A container in possession of person who is in, or entering restricted place.
Or vehicle that is in or entering restricted place.
Enforcement principles for liquor bans.
Have regard to reason for imposing ban.
Time, place circumstances
Prevent alcohol related harm and antisocial behaviour caused by alcohol.
Alcohol means
Fermented, distilled or spirituous liquor.
20C contain 1.15% or more ethanol.
OR
If frozen has same properties as above when thawed.
Must prove identity of offenders and that bylaw liquor ban breached in that they;
Consumed alcohol
Brought alcohol
Possessed alcohol
In a public place specified by bylaw.
Before searching a container or vehicle for alcohol ban breach officers must;
Inform person in possession they have opportunity to remove container or vehicle from area.
And give them reasonable opportunity to do so.
Difference between reasonable grounds and good cause to suspect.
Reasonable grounds - believe circumstance actually exists.
Reasonable grounds to suspect - suspect situation likely to exist.
Types of lawful searches.
Exercise warrantless search.
Execute warrant power.
Consent search.
Entry power to prevent offence or respond to risk of life or safety.
There is a risk to life or safety of person that requires an emergency response.
A disabling substance means.
Any anaethisising or other substances produced for disabling a person or intended for such use by person who has them.
What are restrictions on consent search or vehicle if only CYP present.
Person under 14 cannot consent to search unless-
Found driving vehicle and no passenger 14 or over with authority to consent to vehicle search.
Purposes for which consent search may be undertaken.
Prevent commission of offence.
Protect life or property or prevent injury/harm.
Investigate if offence committed.
Any purpose in which enactment would cover if belief or suspicion held.
If a warrant application is about to be made or has been made but not yet granted police may;
S117(S&S) enter and secure place or vehicle. Secure any items found there.
Must believe CADD.
Only hold up to 6hours or warrant available or refused.
If you seize any item during a search that poses a threat to safety but does not constitute an offence when must it be returned.
Once search completed or
When satisfied no longer threat. What
What are your identification and announcement requirements when exercising a search power.
Announce intention to enter and search under stat power.
Identify yourself.
When are search announcements not required.
RGTB no person lawfully present.
Compliance would endanger safety.
Prejudice successful entry and search power or prejudice ongoing investigations.
Examples of situations where unannounced entry into property may be justified.
Save person from death/injury
Situations where warning might endanger police.
Prevent destruction of evidence.
Entering in course of hot pursuit.
If items seized as a result of search what are requirements for notifying occupier/person in charge?
Provide inventory of items seized, a copy of authority within 7days.
Under section 32 S&S act (warrantless road block) you can search for:
- evidence
- people
- something else?
People.
When can you establish warrantless road block and who can authorise.
Sgt or above:
Believe person in vehicle and is unlawfully at large or committed presence punish by imprisonment and vehicle will travel through road block.
How long is warrantless road block valid for?
A period not exceeding 24 hours but additional 24hr may be authorised in writing by district court judge.
Types of searches.
Rub down
Strip
Internal
Principles of search
Lawful
Treat with dignity, privacy, respect and sensitivity.
Any force must be reasonable
Generally same sex.
Lawful searches include.
Warrantless power
Warrant
Consent.
What does locked up mean.
Person taken into lawful
Custody and being placed behind a closed or locked door that prevents them from leaving.
You can carry out a rub down search on any person to ensure they are not carrying anything that may.
Harm any person
Facilitate escape
Offensive weapon means
PUBLIC PLACE - Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.
ANY PLACE - Any article capable of being used for causing bodily harm.
Unreasonable search and seizure - Everyone has the right to be secure against unreasonable search or seizure …..
Whether of the person, property, correspondence or otherwise.
No bill of rights act imposes specific obligations on police such as
21-protect against unreasonable search and seizure.
22-Protect against arbitrary arrest.
23-Rights or Erwin arrested or detained.
24-Rights of person charged with offence.
25-Minimum standard of criminal procedure.