Sudden Death Flashcards

1
Q

A coroners role in relation to a death is.

A

Receive rpt from police.
Decide on post mortem.
Authorise release of body.
Decide wether to open enquiry. If

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2
Q

Purpose of coroners Inquiry is to.

A

Establish:

Person has died.
Persons identity.

When/where person died.
Cause and circumstances of death.

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3
Q

What deaths must be reported to police and in turn Coroner.

A
Unknown cause
Unnatural 
Suicide
Violent
In custody
Child birth
While receiving medical, surgical or dental treatment.
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4
Q

Doctors certificate for death.

A

HP4720

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5
Q

Who is qualified to verify death.

A

Registered medical practioner.

Nurse - practioner, enrolled or registered.

Registered midwife

Paramedic

Intensive care paramedic

Emergency medical technician.

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6
Q

If immediate family does not allow removal of body or evidence police have power to:

A
Remove body(with warrant)
Seize evidence(without warrant)
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7
Q

You can without a warrant, seize evidence relating to sudden death using reasonable force if:

A

Complying with direction under S20 or

Executing warrant for removal under S128.

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8
Q

Evidence seized relevant to post mortem must,

A

Be in immediate vicinity of body and relevant to post mortem.

Delivered to coroner.

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9
Q

When reporting to coroner is not required police must;

A

Inform deceased immediate family as soon as identity confirmed.

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10
Q

Police may be called to assist coroner give notice of significant matters.

A

Significant matters include:

Direction for post mortem.

Opening of inquiry

Date,time,place of inquest.

When inquiry completed.

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11
Q

Steps for death in custody.

A

Freeze scene

Notify CIB, DC

DC informs national manager.

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12
Q

Identifying particulars can be taken from someone lawfully detained for committing offence if that person is

A

At a police station

Any other place being used for police purposes.

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13
Q

Identifying particulars mean?

A

Name, address, DOB

Photograph

Finger, palm or foot prints.

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14
Q

Constable with GCTS who intends to charge by summons may detain at any place in order to;

A

Take identifying particulars, for the period necessary to take them.

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15
Q

Can you detain someone for detox from private premises?

A

No (unless they are trespassing)

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16
Q

How long can police detain for detox?

A

Must be released when no longer Intoxicated.

Can hold no longer then 12 hours.

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17
Q

Immediate family of victim means

A

Spouse, defective partner

Child or step child

Sibling or step sibling

Parent or step parent

Grandparent

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18
Q

Victim means

A

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.

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19
Q

How should victims be treated.

A

With courtesy and compassion and respect dignity and privacy.

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20
Q

Is support available for victims and their families.

A

Yes, any welfare, health, counselling, medical or legal needs arising from offence should have access to services.

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21
Q

Does the mother of a 15 year old assault victim get access to support?

A

Yes

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22
Q

A victim

Must be given information ASAP from contacted agencies about?

A

Programmes, remedies or services available.

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23
Q

A victim impact statement may include.

A

Information may include any photographs, drawings or other. Usual representations provided by victim.

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24
Q

What is the purpose of a victim impact statement

A

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.

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25
Q

What information is to be ascertained in victim impact statement.

A

Physical injury or emotional, financial any other matters as a result of offence.

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26
Q

What purposes (4) does the victim impact statement serve?

A

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.

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27
Q

How should a VIS be written.

A

In “victim speak” not police jargon.

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28
Q

What is a specified offence.

A

Sexual nature.

Serious assault.

Result in serious injury, death or person becoming incapable.

Victim ongoing fears for their safety or safety of family.

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29
Q

Once registered victim can be notified of.

A
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).
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30
Q

If victim of specified offence, commissioner must:

A

Right to request notice and appoint representatives

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31
Q

Victim may complain to

A

ombudsman.

IPCA

Privacy commissioner

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32
Q

Unplanned entry into clanlab police should.

A

Immediately remove person of interest.

Isolate site and maintain safety perimeter.

Preserve crime scene.

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33
Q

What is aim of unplanned entry procedures into clan lab.

A

Rapidly convert unplanned entry into planned response.

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34
Q

S20 search and surveillance

A

Enter and search place vehicle without warrant if reasonable grounds offence against misuse drugs act and not practicable to obtain warrant.

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35
Q

S21 search and surveillance

A

May search any person found in place/vehicle under S20.

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36
Q

S22 search and surveillance

A

Reasonable grounds to suspect search person for drugs.

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37
Q

Is approval required before exercising warrantless drug search

A

Yes unless impractical

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38
Q

What is an internal search

A

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).

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39
Q

Can a warantless drug search be executed following the observations of someone’s demanour?

A

No - Collins v Police.

Court considered that acting on ground of suspicion could not be saved as reasonable under the act.

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40
Q

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.

A

No - no object placed in defendants mouth by police.

Safety concerns for defendant.

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41
Q

What is a mental disorder?

A

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.

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42
Q

How long detain 1M?

A

6hours or time it takes to co duct exam(shortest one).

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43
Q

What is police role under mental health act.

A

Responsibilities for care rests primarily with MH services but police provide assistance where legislation provides for police intervention.

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44
Q

What is memorandum of u der standing between police and ministry of health.

A

Covers responsibilities, transportation and use of force and forms basis of local agreements with local MH.

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45
Q

Key words in mental disorder definition are.

A

Poses serious danger.

Seriously diminished capacity to look after themselves.

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46
Q

What legislation allows the use of force to prevent suicide.

A

S41 Crimes Act.

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47
Q

Powers to enter premises?

A

S8 - S&S, private premises for imprisonable offence.

S7 - S&S, unlawful at large(inpatient absconded).

S14 - S&S, safety of persons, property.

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48
Q

Police can close licensed premises when;

A

Riot

Fighting or serious disorder

Threat to public safety

Substantial public nuisance

5+ year offence and further risk or more.

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49
Q

Powers of entry for licensed premises.

A

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.

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50
Q

What action can be taken if person refuses particulars when RCTS offence against Sale/supply alcohol act.

A

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.

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51
Q

How long must licensed premises stay closed if closed by police.

A

Until time stated in order which must not be later then 24 hours from end of day on which order served.

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52
Q

What should be taken into account when deciding closure of licensed premises.

A

Weight of evidence supporting closure

Previous interactions with police

Likely hood of escalating violence.

Impact on license.

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53
Q

What should be considered when deciding duration of closure for licensed premises.

A

When order likely restored.

Closure sufficient to address public nuisance concerns.

Impact on license.

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54
Q

A constable may for the purpose of ascertaining wether alcohol is present search:

A

A container in possession of person who is in, or entering restricted place.

Or vehicle that is in or entering restricted place.

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55
Q

Enforcement principles for liquor bans.

A

Have regard to reason for imposing ban.

Time, place circumstances

Prevent alcohol related harm and antisocial behaviour caused by alcohol.

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56
Q

Alcohol means

A

Fermented, distilled or spirituous liquor.

20C contain 1.15% or more ethanol.

OR

If frozen has same properties as above when thawed.

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57
Q

Must prove identity of offenders and that bylaw liquor ban breached in that they;

A

Consumed alcohol
Brought alcohol
Possessed alcohol
In a public place specified by bylaw.

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58
Q

Before searching a container or vehicle for alcohol ban breach officers must;

A

Inform person in possession they have opportunity to remove container or vehicle from area.

And give them reasonable opportunity to do so.

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59
Q

Difference between reasonable grounds and good cause to suspect.

A

Reasonable grounds - believe circumstance actually exists.

Reasonable grounds to suspect - suspect situation likely to exist.

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60
Q

Types of lawful searches.

A

Exercise warrantless search.

Execute warrant power.

Consent search.

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61
Q

Entry power to prevent offence or respond to risk of life or safety.

A

There is a risk to life or safety of person that requires an emergency response.

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62
Q

A disabling substance means.

A

Any anaethisising or other substances produced for disabling a person or intended for such use by person who has them.

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63
Q

What are restrictions on consent search or vehicle if only CYP present.

A

Person under 14 cannot consent to search unless-

Found driving vehicle and no passenger 14 or over with authority to consent to vehicle search.

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64
Q

Purposes for which consent search may be undertaken.

A

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.

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65
Q

If a warrant application is about to be made or has been made but not yet granted police may;

A

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.

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66
Q

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.

A

Once search completed or

When satisfied no longer threat. What

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67
Q

What are your identification and announcement requirements when exercising a search power.

A

Announce intention to enter and search under stat power.

Identify yourself.

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68
Q

When are search announcements not required.

A

RGTB no person lawfully present.

Compliance would endanger safety.

Prejudice successful entry and search power or prejudice ongoing investigations.

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69
Q

Examples of situations where unannounced entry into property may be justified.

A

Save person from death/injury

Situations where warning might endanger police.

Prevent destruction of evidence.

Entering in course of hot pursuit.

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70
Q

If items seized as a result of search what are requirements for notifying occupier/person in charge?

A

Provide inventory of items seized, a copy of authority within 7days.

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71
Q

Under section 32 S&S act (warrantless road block) you can search for:

  • evidence
  • people
  • something else?
A

People.

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72
Q

When can you establish warrantless road block and who can authorise.

A

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.

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73
Q

How long is warrantless road block valid for?

A

A period not exceeding 24 hours but additional 24hr may be authorised in writing by district court judge.

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74
Q

Types of searches.

A

Rub down
Strip
Internal

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75
Q

Principles of search

A

Lawful
Treat with dignity, privacy, respect and sensitivity.

Any force must be reasonable

Generally same sex.

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76
Q

Lawful searches include.

A

Warrantless power
Warrant
Consent.

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77
Q

What does locked up mean.

A

Person taken into lawful

Custody and being placed behind a closed or locked door that prevents them from leaving.

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78
Q

You can carry out a rub down search on any person to ensure they are not carrying anything that may.

A

Harm any person

Facilitate escape

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79
Q

Offensive weapon means

A

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.

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80
Q

Unreasonable search and seizure - Everyone has the right to be secure against unreasonable search or seizure …..

A

Whether of the person, property, correspondence or otherwise.

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81
Q

No bill of rights act imposes specific obligations on police such as

A

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.

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82
Q

In order for protestors to reach the threshold of disorderly behaviour it must:

A

Substantially inhibit other people.

Cause greater offence than those affected reasonably be expected to tolerate, to extent it’s seriously disruptive of public order.

83
Q

S18-BORA

Freedom of movement.

A

Right to freedom of movement and residents.

Citizen right to enter NZ.

Everyone right to leave NZ.

No citizen required to leave unless under decision by law.

84
Q

A search is not:

A

Looking into a car

Ask person hold bike to read serial

Ask person to show hands for inspection.

Voluntary request to power company for power data.

85
Q

What is seizure

A

Removing something from possession of someone else.

86
Q

What is arrest

A

Crimes Act meaning of COMMUNICATED INTENTION on part of police to hold person in lawful authority.

87
Q

What is detention

A

Physical deprivation of liberty

Statutory restraints on resins movement.

Reasonably held belief induced by police that not free to leave

88
Q

Treatment in breach of persons right in custody includes.

A

Excessive force

Failure to provide medical when requested.

Unlawful restraint to prevent self harm.

Failure to comply with policy(food,clothing,exercise)

Routine or deliberate strip searching.

Failure to ensure safety against other detainees.

89
Q

Extended obligation to ensure rights understood if;

A

Stressed, confused fatigued at time of arrest.

Poor English

Limited intelligence

Difficulty hearing

Needs interpreter

90
Q

Do rights have to be given verbally?

A

There is nothing in the rights that requires a person to be advised verbally rather than in writing.

91
Q

Evidence offered by prosecution made by defendant is not admissible if it is excluded under S28/29/30. What are these sections?

A

28 - Reliability rule
29 - Oppression rule
30 - Improperly obtained evidence rule.

92
Q

Exception to reliability rule?

A

Use statement as evidence of physical,mental or psychological condition.

Evidence a statement was made.

93
Q

S29 - Oppression rule

Judge must exclude defendant statement unless satisfied…

A

Beyond reasonable doubt that the statement was not influenced by oppression.

94
Q

S30 - improperly obtained evidence if issue raised evidence improperly obtained, the judge must:

A

Find, on the BALANCE OF PROBABILITIES whether or not evidence was improperly obtained.

95
Q

S30 - Definition of improperly obtained evidence.

A

In consequence of a breach of any enactment or rule of law.

In consequence of statement.

Unfairly obtained.

96
Q

Explanations given to youth, must be …

A

In a manner and in language that is appropriate to the age and level of understanding of the child or young person.

97
Q

What is a critical incident?

A

Force or threat of force is involved.

Any person faces risk of serious harm.

Police responding to people in the act of committing crime.

98
Q

What is urgent duty driving?

A

When enforcement officer on duty is driving above the speed limit or natural flow of traffic, and may not be complying with certain traffic rules and:

Responding to critical incident.
Gathering evidence of alleged offence.
Apprehending offender for traffic offence.
Motorcade
Activities approved by commissioner in writing.

99
Q

Factors to consider when urgent duty driving

A
Time delay
Nature of offending
Proximity to incident 
Proximity of other units
Environment
Driver classification
Warning devices (lights/sirens)
Vehicle type.
100
Q

Tactical approach increases risk to public/police. Should a tactical approach be used?

A

Activation of lights/sirens increases risk to police/public.
Therefore using tactical approach is exemption rather than the rule.

101
Q

What can a tactical approach include when urgent duty driving.

A

Adjusting vehicle speed.
Turning off or not activating sirens.
Turning off or not activating warning lights.

102
Q

Examples of when a tactical approach for urgent duty driving may be used.

A

Approaching serious crime in progress.

Attending report of suicidal person.

Obtaining evidence of speeding offence

103
Q

If lights or sirens not used for going through intersections is there a defence?

A

No, the defence for proceeding against traffic signals or intersections does not apply.

104
Q

What is the overarching principle for urgent duty driving.

A

Public and police employee safety takes precedence over the necessity to undertake urgent duty driving.

105
Q

What is the paramount consideration when it comes to fleeing drivers.

A

Safety

106
Q

What is the overriding principle when applying TENR for fleeing drivers.

A

Safety is success.

107
Q

Fleeing driver TENR risk assessment must balance:

A

Initial threat posed by vehicle occupants.

Necessity to immediately apprehend the driver and or passenger.

Risk of harm if driver fails to stop or remain stopped.

108
Q

Overall principles regarding fleeing drivers.

A

Safety takes precedence.

FTS is not sufficient reason for pursuit.

INVESTIGATION PREFERRED OVER COMMENCEMENT OR CONTINUATION OF PURSUIT.

109
Q

Action on abandoning pursuit

A

Acknowledge

Reduce speed

Deactivate lights/sirens

Stop when safe and advise controller

Stop actively searching for vehicle

Resume normal duties.

110
Q

Initiating officers actions upon completion of pursuit.

A

Enter fleeing driver CARD & K6/K9

Notification before end of shift.

Create NIA file before end of shift.

Incident or near miss report if required before end of shift.

111
Q

Pursuit controller must abandon pursuit when;

A

Reason for pursuit not provided or insufficient.

TENR supports abandonment.

Identity of driver becomes known and/or. I immediate threat.

Pursuing units have lost contact with fleeing driver.

Sustained loss of comms with pursuing units.

112
Q

Tire deflation devices can be imitated by.

A

Pursuit controller, trained police in exceptional circumstances, Emergency Comms Centre shift commander for deployments on heavy vehicles.

113
Q

Permission must be obtained from pursuit controller before:

A

Signalling driver to stop.

Commencing a pursuit.

114
Q

S113 LTA

A

Any officer in uniform or possession of warrant.

Direct a person in vehicle to give name,DOB,address,phone,occupation or such particulars officer may specify.

Forbid unlicensed driver to drive.

Forbid transport service without license to operate that service.

3). Uniform OR wearing distinctive cap, hat, helmet.

115
Q

S121 LTA - An enforcement officer can forbid,direct,immobilise if:

A

Incapable of proper control

Not complete CIT test satisfactory

Refuses CIT

116
Q

S114 - LTA

A

Give name,DOB,phone,occupation

State wether owner of vehicle

If not, give details of owner.

117
Q

S120 LTA

A

Power of arrest for alcohol/drug related offences or assault on officer.

118
Q

A road includes:

A

Any land vested in or under control of the crown or any authority

119
Q

S121A -

A

Forbid to drive until conditions met.

Direct to drive to place.

Take keys.

Take steps to make vehicle immobile or move to place where not hazard.

120
Q

Our vision

A

Be the safest country in the world.

121
Q

Our purpose

A

Ensure everybody can be safe and feel safe.

122
Q

Our mission

A

Prevent crime and harm through exceptional policing.

123
Q

Our goal.

A

Safe homes, safe roads, safe communities.

124
Q

Our operating model.

A

Prevention first.

125
Q

Te hurlings I the tai - Framework of prevention first.

A

Three poi:

Our people and our mid set.

Effective initiatives and improved practice.

Effective partnerships.

126
Q

How we do it.

A

Our priorities

Our people

Our leadership

Our culture

127
Q

Our priorities.

A

Create culture we want

Understand and deliver services our communities need.

Better outcome through working with partners.

128
Q

Leadership

A

Set - Enable - Expect

Principle responsibility of leadership tool.

129
Q

Our culture

A

Collective values, reflect on actions and decisions.

Bring humanity to every interaction.

130
Q

Our partners

A

Recognise importance of connecting with iwi and communities.

131
Q

Key outcomes.

A

Prevent crime & victimisation

Target and catch offenders

Deliver more responsive police service.

132
Q

Prevention first mindset is to

A

Take every opportunity to prevent harm.

133
Q

Core components of our model(prevention first)

A

Deploy to beat demand

Target drivers of command

Mindset: take every opportunity to prevent harm

134
Q

Drivers of demand are:

A

Families

Youth

Alcohol

Roads

Organised crime and drugs

Mental health

135
Q

“Life course persistent” youth offender often come from severe deprivation involving;

A

Violence, drugs, alcohol and absence of good role models.

17% of all youth offenders and commit 40% of offences.

136
Q

Police core values

A
Empathy
Diversity
Commitment to Maori and treaty
Respect
Integrity
Professionalism
137
Q

Effective partnerships mean

A

Share information and implement collaborative approaches.

138
Q

Crime triangle

A

Act with urgency against repeat and priority offenders.

Provide support/assistance to repeat victims.

Maximise resources to locations that suffer disproportionate levels of crime.

139
Q

Mindset thinking means

A

Needs of victim at centre of policing.

140
Q

Locations and harm what is the relationship.

A

5% of locations generate 32% of all calls for service

141
Q

To deliver our mindset we will

A
Values & code of conduct
Proactive &consistent service
Build relationships 
Focus on victims
VIPs
Agreed offender management approach
PHPF
142
Q

Police targets

A
5% reduction road death
10k less serious crime victim
25% reduction reoffend Maori 
90% increase public confidence 
500mil cash
143
Q

The five frame works are

A

Strategy

Culture

Leadership

Capability

Performance management.

144
Q

Characteristics of a high performing team are

A

United

Committed to excellence

Individual capable and responsible

Supportive of one another.

145
Q

What we do

A

Our goals, our functions, our operating model, are huringa o te tai

146
Q

What is the rule of law?

A

Defines relationship of government to its people: that people in society should be governed by law and free from arbitrary government.

147
Q

What are the functions of police

A

Keep peace

Maintain public safety

Law enforcement

Crime prevention

Community support and reassurance

National security

Police activity outside NZ

Emergency management

148
Q

Strategy into action - three pous

A
  1. Pou mataara, our people their mindset
  2. Pou mataaho, effective initiatives and improved practice
  3. Pou Hourua, effective partnerships
149
Q

Pou Mataaho means

A

Focus on whanau Ora approach of co-design and joint delivery of initiatives with iwi maori.

150
Q

Pou mataara means

A

Focus on building our people their skills knowledge mindset and performance.

151
Q

Pou Houru means

A

Building relationships which lead to more effective partnerships with iwi Maori and other organisations.

152
Q

Values - professionalism

A

Look part be part.

Pride in representing police and making difference in communities we serve.

153
Q

Values - Respect

A

Treat others as they would want to be treated.

Dignity uphold their rights and honour freedoms

154
Q

Values - integrity

A

Actions say all.

Honest and uphold excellent and ethical standards.

155
Q

Values - commitment to Maori and treaty

A

Stand together.

Good faith and respect principles of Te tiriti o waitangi- partnership, protection participation

156
Q

Values - empathy

A

Walk in their shoes.

Understanding of and consider experience and perspective of people we serve.

157
Q

Values - Valuing diversity

A

Many views one purpose.

Recognise different perspectives and experiences bring to make better at what we do.

158
Q

Policing act based on principle.

A

Principled effective and efficient policing services are cornerstone of free and democratic society under rule of law.

159
Q

Code of conduct

A

Commissioner must prescribe code of conduct stating standards of behaviour expected.

Duty of every police to conduct him/herself in accordance.

160
Q

Command and control.

A

Every employee must k eye lawful command of supervisor.

161
Q

S63 policing act

A

Commissioner may appoint employee temporarily to any higher level of position

162
Q

What is the SELF test

A

Scrutiny

Ensure compliance

Lawful

Fair

163
Q

In considering if behaviour is a breach of code of conduct, factors that may be considered are:

A

Nature and circumstances

Intent

Position, duties, responsibilities

Ability to fulfil duties

Impact on organisation and relationships

Impact on trust and confidence in police

How similar behaviour treated in past.

164
Q

What is misconduct

A

Behaviour or actions that breach code of co duct or policies.
Misconduct may not justify dismissal but may result formal disciplinary action

165
Q

What is serious misconduct?

A

Breach code of conduct, policy or other agreements and seriously undermine or damage trust confidence police has in you. Behaviour that may justify dismissal.

166
Q

Examples of misconduct

A
Breach policy
Treat person harshly
Abusive, offensive language
Misuse internet, mail system
Unauthorised use of database
Absent, late without reason
Fail to declare conflict of interest 
Disobey lawful command
Bring police into disrepute
167
Q

Example of serious misconduct

A
Convicted or guilty of offence 
Corruption
Bullying or harassment
Sexual misconduct 
Theft or dishonesty
Unauthorised access or disclosure info NIA
Repeated misconduct 
False statement
Excess unjustified violence.
168
Q

What is performance management

A

Improvement through dialogue. Support.

Not disciplinary process.

169
Q

Steps of performance management

A

Informal discussion

Performance meeting

Problem solving

170
Q

PIP should include

A

Performance to be improved.

Minimum acceptable standard. 
Remedial steps
Support and resources
Feedback
Review periods
Progress meetings
Start date for PIP
Consequences
Signature
171
Q

Benefits of FEO

A

Enable high performance

Attract retain top talent

Accessing a broader talent pool

Increased productivity

172
Q

Manager responsibilities with FEO

A

Consider and respond within one month.

173
Q

Information management privacy and assurance principles are

A

Police systems equipment and information must be used responsibly and in a manner which reinforces our professional image and reputation.

174
Q

Social media policy

A

No photos in uniform.

No personal email,address or phone for police accounts.

No post that can bring disrepute or negativity

No post compromising security

No send u prompted messages

175
Q

Where police cause death or serious bodily harm commissioner shall

A

ASAP give to the authority a written notice setting out particulars.

176
Q

Serious bodily harm includes:

A

Any fracture, deep laceration, injury to internal organ, impairment of body ill function, blow to head causing concussion, hospital or sexual assault.

177
Q

Evidence may be given

A

In oral written or visual form.

178
Q

Rules of evidence

A

How

Who

What type of material

179
Q

Prejudicial meaning

A

Drawing of an inference against a party.

180
Q

Aim of evidence act is:

A

Help secure the just determination of proceedings.

181
Q

Purpose of evidence act

A

Provide facts

Rules of evidence

Promote fairness

Protect rights of confidentiality

Avoid unjustifiable expense & delay

Enhance access to law of evidence.

182
Q

The fundamental principle that relevant evidence admissible

A

All relevant evidence is admissible in a proceeding except evidence that is

183
Q

The fundamental principle in criminal law is

A

The presumption of evidence (Woolmington principle)

184
Q

What is reasonable doubt

A

Honest and reasonable uncertainty about guilt after careful and impartial consideration to evidence.

185
Q

The essential features of the adverbial system are

A

During trial, judges function is to ensure evidence produced according to rules and rule of necessary on it admissibility.

186
Q

Oaths and affirmation.

Witness 12+ must give oath or affirmation.

What about witness under 12?

A

Informed by judge of importance of truth and not lies.

Must then promise to tell truth.

187
Q

A hostile witness is:

A

Exhibits lack or veracity.

Gives evidence inconsistent with statement.

Refuse to answer or deliberately withholds evidence.

188
Q

Initial disclosure is limited to;

A
Capsum
Charging doc
Summary of defendants right for more info. 
Maximum penalty for offence. 
Previous convictions
Previous offences committed
189
Q

Defendant may apply for further information following proceedings such as.

A

Witness names

Exhibit list

Records of interviews

Copy of job sheets or officer notes.

Copy of diagrams/photographs

190
Q

Full disclosure released as soon as practicable after:

A

Defendant plead not guilty

CYP defendant makes first appearance

191
Q

At any time after charge a person can request;

A

Name of each witness(address S17)

Statement of description

Identikit picture or other drawing.

192
Q

S15-18 Criminal disclosure act allows for withholding info if:

A

Doesn’t hold in recorded form

Prejudice maintenance of law

Endanger safety

Material to assist in conduct of trial

Communication between prosecutor and another person

193
Q

Evidence act provided for an entitlement for complainants and child witnesses….

A

To have a support person present.

194
Q

Alternative evidence may be made in any of the following grounds:

A

Age/maturity of witness

Physical/intellectual/psychological impairment

Trauma suffered

Fear or intimidation

Cults/religious beliefs

Nature of evidence

Relationship

195
Q

Associated defendants cannot give evidence against each other unless.

A

Evening tried seperately

Proceeding against associated defendant has been determined.

196
Q

A hearsay statement is

A

Made by person Other than witness and is offered in evidence to prove the truth of its contents.

197
Q

Statement means

A

Spoken or written assertion by person of any matter or

Non verbal conduct of person that is intended by that person as an assertion of any matter.

198
Q

Unavailable witness means

A

Dead

Outside NZ

Unfit(mental)

Cannot be identifies or found

Not compellable.

199
Q

Admissibility of voice identification evidence.

A

Inadmissible u less prosecution proves on BALANCE OF PROBABILITIES that circumstances have produced reliable identification.

200
Q

Risk is defined as:

A

Effect of uncertainty on objectives

201
Q

4 key risk categories for police

A

Operational

Corporate

Portfolio

Strategic

202
Q

Police risk management process

A

COMMUNICATE/CONSULT
Establish context

Identify risk

Analyse risk impact

Evaluate risk

Take action
MONITOR/REVIEW

203
Q

Evaluating risk we may decide to

A

Act

monitor

Accept

Accept management Achieved

204
Q

Three lines of defence model for risk management.

A

1– all police

2-management process and control

3-Internal audit and assurance.