Victims, Road Policing, Command & Control

Question 1

Describe the meaning of incapable in relation to a person

Answer 1

Lacks the capacity to understand the nature and foresee the consquences
Has capacity to understand the nature, foresee the consequences, but cannot communicate.

Question 2

Who is a victim?

Answer 2

Person whom an offence has been committed
Person by means of the offence suffers physically, loss or damage to property.
Legal parent or guardian
Immediate family who as a result dies, or is incapable
Person who suffers emotional harm
A parent or guardian of a child or young person

Jordan HEREWINI link

Question 3

Section 7 VRA 2012 relates to the treatment of victims, what is the key point in this section?

Answer 3

Treat victim with courtsey and compassion and respect their dignity and privacy. ‘CC in the DP’

Question 4

Describe the key point of section 8 VRA 2012.

Answer 4

A victim or member of a victims family should have access to services that are responsive to those needs
‘section 8-service the family mate’.

Question 5

What obligations to police have regarding information about proceedings?

Answer 5

Police are required to promptly inform and keep the victim updated progress of the investigation, decisions, Police have a statutory responsibility to met these obligations. ‘Courtoom 12’

Question 6

What does section 11 relate to and what agencies?

Answer 6

As soon as a victim comes into contact with an agency to be given information about programmes, remedies, services availiable to the victim.
11 ‘info, p, r]

ACC, Corrections, Police, MSD, MOJ, DHB

Question 7

What are 5 principles of specified offence?

Answer 7

Sexual offence
A serious assault
Offence that resulted in serious injury or death or becoming incapable.
An offence that has led the victim to have an ongoing fears on a reasonable grounds, for their safety or security of 1 or more immediate family members.
(SADO) a, b, c, d i) ii) reasonable grounds….

Question 8

Who’s responsibility is it to determine if the offence that affected the victim is a specified offence?

Answer 8

Commissioner of Police.

Question 9

Under section 30 VRA 2012 what must a prosecutor do if the accused requests bail?

Answer 9

Make all reasonable efforts to put before the court the views of the victim who is a victim of a specified offence.

If 29 VRA 2002 does not apply, may sometimes be taken into account Sharpe v Police

‘section 30, victims views are dirty’

Question 10

Who can a victim complain to if their rights have not been afforded?

Answer 10

Privacy Commissioner
Ombudsman
IPCA
The person who is accorded the right

Question 11

What does section 51 relate to?

Answer 11

Must return property if no longer needed for those purposes, does not apply if they do no want their property back. [‘51 my exhibit is done]

Question 12

What are the key points police pursuing a fleeing driver must be aware of?

Answer 12

Commence or abandon to assess and reassessed with TENR
Public and Polcie safety takes precedent
Resolving quickly and safely as possible
An inquiry phase is preferred
Abandonment will be supported

:TENR for Public and Police and resolve quckly, I would prefer and support an abandonment”

Question 13

What is the definition of a pursuit controller?

Answer 13

Shift Commander at COMMS
If unavailiable, a constabulay team leader
Field Supervisor (in cases where PC is not a shift commander or constabulary member)

Question 14

What is the policy of pursuing fleeing motorcyclists?

Answer 14

Any decision to pursue a MB must balance the severity of the offending against the risk in accordance with TENR.

Bikes: you need to balance [on it] the severity v risk with TENR

Question 15

What are the key responsibilities of the lead vehicle during a pursuit?

Answer 15

Assess TENR
Lights and sirens
Passenger on COMMS, update SWOTEO
Warnings acknowledged
Comply with COMMS

Question 16

Who can order a pursuit to be abandoned?

Answer 16

Lead, controller, secondary drivers/passengers, field supervisors

Question 17

Who can give permission to re-engage a pursuit?

Answer 17

Controller only if risk has been mitigated, police must not signal driver to stop unless approval given by pursuit controller.

Question 18

Who can initiate TDD’s to be deployed?

Answer 18

Controller
Exceptional circumstances a trained employee
Pol COMMS shift commander on heavy vehicles.

Question 19

What are police powers to stop fleeing vehicles?

Answer 19

s9, s114, s39, s121, LT Rule 5.1 2004 refers re defence urgent duty driving, red lights 20km/hr

Question 20

What are the 5 levels of CIMS response

Answer 20

National
Regional
Local
Incident
Community

NRL IC

Question 21

What are the three essential elements of Command and Control?

Answer 21

Leadership, Decision Making, Control

Question 22

Who is not deemed to be an investigating authority in relation to the victims rights act?

Answer 22

A Probation Officer is not a person performing functions with powers or duties. Only the police have a statutory responsibility to meet this obligations.

Question 23

What was held in the Court of Appeal re R v Proctor?

Answer 23

Only the effects of the offending should be communicated to inform the judge, not the facts of the case-this occurs via disputed facts or accepted facts when convicted.

Question 24

Section 19 VRA 2000 refers to what in relation to VIS’?

Answer 24

That the VIS should be verfied by the victim and staff must abide by this. (section 19 ‘sign’)