Summative Notes Flashcards
Define “aim” in appreciation,
Learn this, it will come up time and time again.
The aim is the whole object of the exercise. It is the expression of what you are trying to achieve.
The process takes two steps.
Review the information you have and form “the commanders intent” and any constraints that have been placed on you.
Express the aim, start with “to…”
The aim must be brief, to the point and there must only be one aim.
Factors to consider
Law Area Ground Climate Time Admin and logistics Communications Human resources Persons to be Policed Course open to persons being Policed
Section 117 S & S Act 2012
Circumstances that must exist
May enter and secure place or vehicle and any items found in that place or vehicle if CADD is believed to occur while:
- Search Warrant is about to be made, or
- Has been made and not yet granted or refused by issuing officer
- Officer is at place or vehicle subject to the warrant.
Powers end when one of the following occurs:
1) the expiry of 6 hours
2) Warrant is available to be executed
3) Warrant is refused
Questioning a child
If the child has made a clear disclosure to an adult and that adult can tell you what happened, do not ask the child any Q’s
If unclear what child said but no safety issues, do not ask child any Q’s.
If absolutely necessary to ask Q, only ask open ended Q’s.
Do not continue Q if it becomes clear an offence has been committed.
What are the 3 CPP categories?
1) CRITICAL - 24hrs - no safety or care identified, mokupuna is at risk of serious harm and requires immediate involvement to establish safety.
2) VERY Urgent - 48hrs - at risk of serious harm but some protective factors present for the next 48hrs. However as the present situation and/or need is likely to change, high priority follow up is required.
3) Urgent - 7 days - at risk of harm or neglect but protected in the short term.
Critical and Very Urgent require referral, consult, agree and IJIP within 24hrs.
What are the 4 considerations for just cause for continued detention?
S8(1) Bail Act 2000
(a) whether there is a risk that -
(I). The defendant may fail to appear in court
(ii). The Defendant may interfere with witnesses or evidence or,
(iii) the Defendant may offend while on bail; and
(b) any matter that would make it unjust to detain the defendant.
Factors to consider for just cause for continued detention?
a) - (h
S8(2) Bail Act 2000
Nature and seriousness of offence
Strength of evidence and probability of conviction
Seriousness and severity of punishment
Character and conduct of the offender
History of offending while on bail or breaching court orders
Likely length of time before matter comes to hearing or trial
Possibility of prejudice to the defence in the preparation of the defence
Any other special matter that is relevant
Three ways to void title
Communicating directly with the receiver
Taking all reasonable and possible steps to bring it to the deceiver’s notice - sending a letter or email
Reporting the circumstances of deception to police
List six responsibilities of being O/C scene?
To oversee and co-ordinate the scene examination
Be the link to the O/C investigation
To ensure that a common approach path is setup
Ensure photos/fingerprints done before search
Uplifting and transporting exhibits to O/C exhibits
Proving relevant exhibits in court
List three Class A drugs?
Methamphetamine
Cocaine
LSD
Types of damages by fire
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient.
What are the three intents in abduction 208?
With intent to;
Marry him or her, or
Have sexual connection with him or her, or
Cause him or her to be married to, or to have sexual connection with some other person
Difference between rape and sexual connection?
Rape must involve a penis penetrating a vagina/female genitalia.
Unlawful sexual connection involves penetration of the mouth and anus or a connection between the mouth or part of one person or object held and the anus or genitalia of another person.
Disfigures
R v Rapana and Murray
To disfigure means to deform or deface to mar or alter the figure or appearance or a person.
The word disfigure covers not only permanent damage but also temporary damage.
R v Kelt
Having a firearm with him requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him.
Brief paragraphs for,
Control
Freeze
Guard
Preserve
Remove all people from the scene, ensuring that they do not take anything or contaminate the scene.
Stop all movement, stop animals, protect all exhibits.
Establish boundaries using Police tape, appoint scene guards and brief them.
Preservation of the scene is reliant on your reconnaissance and appreciation.
O/C exhibits responsibilities
Receive Exhibit
Ensure it is labelled by finder and accompanied by exhibit schedule
Ensure exhibit is uniquely numbered
Record exhibit in exhibit register
Record all exhibit movement
Securing the exhibits
Consult 2IC on relevance and if further enquires are needed
Deliver exhibits for examination or analysis
Prepare exhibit for production in court
Ensure continuity of evidence is maintained
Produce exhibits in court
Exhibit Numbering System attributes
BACBE
AVWASS
- be consistent
- allow delegation of exhibit numbers to the staff who will be using them
- cope with multiple scenes
- be compatible with technology, allowing searching to be conducted using exhibit numbers
- encompass all exhibits, MEK’s, blood swabs photographs
ADMIN 10000 range VICTIM 15000 range WITNESSES 20000 range AREA Enquiries 25000 range SCENES 30000 range SUSPECTS 70000 range
Define enters in burglary
Sec 231 (3) Crimes Act 1961
For the purposes of section 231 and 232, entry is defined under 231 (3) as:
a) entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by that person, is within the building or ship;
and
b) everyone who gains entrance to a building or ship by any threat or artifice used for that purpose is to be treated as having entered without authority.
Define building
Sec 231 (2) Crimes Act 1961
Means any building or structure of any description, whether permanent or temporary; and includes a tent, caravan or houseboat; and also includes any enclosed yard or closed cave or closed tunnel.
R v Steele
‘To use’ may be limited to the offender revealing by words or conduct the actual presence of or immediate availability of the item so long as the accused have the weapon in their physical possession and readily available.
Police v Pitman
The word weapon carries the meaning of “something used to inflict bodily injury”, but also any other item which the accused “intended to use to inflict harm should the need arise”… Bodily injury need not be limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon.
R v Collins
There cannot be a conviction for entering a premises ‘as a trespasser’ unless the person entering does so knowing he is a trespasser and deliberately enters or is reckless whether or not he is entering the premises of another without the other party’s consent.
What is 232(2) CA61?
Everyone is liable to imprisonment for a term not exceeding 5 years who is armed with a weapon with intent to commit burglary.
