Victims and Policing Act Flashcards
What is Section 32 - Identifying Particulars of person in custody
(2) For the purpose of this section, a constable may take the identifying
particulars of a person who is in the lawful custody of the Police if
that person is detained for committing an offence and is—
(a) at a Police station; or
(b) at any other place being used for Police purposes.
(3) A constable—
(a) must take the person’s identifying particulars in a manner that is
reasonable in the circumstances; and
(b) may only use reasonable force that may be necessary to secure
the person’s identifying particulars.
(4) A person who, after being cautioned, fails to comply with a direction
of a constable exercising his or her powers under this section—
(a) commits an offence; and
(b) is liable on conviction to imprisonment for a term not exceeding
6 months, to a fine not exceeding $5,000, or to both.
What does identifying particulars mean?
(a) the person’s biographical details (for example, the person’s
name, address, and date of birth):
(b) the person’s photograph or visual image:
(c) impressions of the person’s fingerprints, palm-prints, or
footprints
place includes any land, building, premises, or vehicle.
What does section 33 - Identifying particulars for summons involve?
(2) For the purpose of this section, a constable who has good
cause to suspect a person of committing an offence and who
intends to bring proceedings against the person in respect of
that offence by way of summons, may detain that person at
any place—
(a) in order to take the person’s identifying particulars;
and
(b) only for the period necessary to take the person’s
identifying particulars.
(3) A constable—
(a) must take the person’s identifying particulars in a
manner that is reasonable in the circumstances; and
(b) may only use reasonable force that may be necessary
to secure the person’s identifying particulars.
(4) A person who, after being cautioned, fails to comply with a
direction of a constable exercising his or her powers under
this section—
(a) commits an offence; and
(b) is liable on conviction to imprisonment for a term not
exceeding 6 months, to a fine not exceeding $5,000,
or to both.
Section 36 - Care & protection of intoxicated people
(1) A constable who finds a person intoxicated in a public place, or
intoxicated while trespassing on private property, may detain and take
the person into custody if—
(a) the constable reasonably believes that the person is—
(i) incapable of protecting himself or herself from physical
harm; or
(ii) likely to cause physical harm to another person; or
(iii) likely to cause significant damage to any property; and
(b) the constable is satisfied it is not reasonably practicable to
provide for the person’s care and protection by—
(i) taking the person to his or her place of residence; or
(ii) taking the person to a temporary shelter.
Meaning of intoxicated?
intoxicated means observably affected by alcohol, other drugs, or
substances to such a degree that speech, balance, co-ordination, or
behaviour is clearly impaired
How long can you hold someone for detox?
(a)must be released as soon as the person ceases to be intoxicated:
(b) must not be detained longer than 12 hours after the person is
first detained, unless a health practitioner recommends that the
person be further detained for a period not exceeding 12 hours.
What is classed as immediate family in relation to a victim?
(a) means a member of the victim’s family, whanau, or other
culturally recognised family group, who is in a close
relationship with the victim at the time of the offence; and
(b) to avoid doubt, includes a person who is—
(i) the victim’s spouse, civil union partner, or de facto
partner; or
(ii) the victim’s child or step-child; or
(iii) the victim’s brother or sister or step-brother or step-sister;
or
(iv) a parent or step-parent of the victim; or
(v) a grandparent of the victim.
What does incapable mean?
(a) means that the person—
(i) lacks, wholly or partly, the capacity to understand the
nature, and to foresee the consequences, of decisions in
respect of matters relating to his or her personal care and
welfare; or
(ii) has the capacity to understand the nature, and to foresee
the consequences, of decisions in respect of matters
relating to his or her personal care and welfare, but
wholly lacks the capacity to communicate decisions in
respect of matters of that kind; and
(b) includes the person being in a state of continuing
unconsciousness
What is classed as a victim?
(i) a person against whom an offence is committed by
another person; and
(ii) a person who, through, or by means of, an offence
committed by another person, suffers physical injury, or
loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person,
who falls within subparagraph (i) or subparagraph (ii),
unless that parent or guardian is charged with the
commission of, or convicted or found guilty of, or pleads
guilty to, the offence concerned; and
(iv) a member of the immediate family of a person who, as a
result of an offence committed by another person, dies or
is incapable, unless that member is charged with the
commission of, or convicted or found guilty of, or pleads
guilty to, the offence concerned; a
What does Section 11 of victims rights involve?
Provide Information about programmes,remedies, and services
