Victims, Road Policing, Command & Control Flashcards
Describe the meaning of incapable in relation to a person
Lacks the capacity to understand the nature and foresee the consquences
Has capacity to understand the nature, foresee the consequences, but cannot communicate.
Who is a victim?
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
Section 7 VRA 2012 relates to the treatment of victims, what is the key point in this section?
Treat victim with courtsey and compassion and respect their dignity and privacy. ‘CC in the DP’
Describe the key point of section 8 VRA 2012.
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’.
What obligations to police have regarding information about proceedings?
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’
What does section 11 relate to and what agencies?
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
What are 5 principles of specified offence?
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….
Who’s responsibility is it to determine if the offence that affected the victim is a specified offence?
Commissioner of Police.
Under section 30 VRA 2012 what must a prosecutor do if the accused requests bail?
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’
Who can a victim complain to if their rights have not been afforded?
Privacy Commissioner
Ombudsman
IPCA
The person who is accorded the right
What does section 51 relate to?
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]
What are the key points police pursuing a fleeing driver must be aware of?
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”
What is the definition of a pursuit controller?
Shift Commander at COMMS If unavailiable, a constabulay team leader Field Supervisor (in cases where PC is not a shift commander or constabulary member)
What is the policy of pursuing fleeing motorcyclists?
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
What are the key responsibilities of the lead vehicle during a pursuit?
Assess TENR Lights and sirens Passenger on COMMS, update SWOTEO Warnings acknowledged Comply with COMMS
Who can order a pursuit to be abandoned?
Lead, controller, secondary drivers/passengers, field supervisors
Who can give permission to re-engage a pursuit?
Controller only if risk has been mitigated, police must not signal driver to stop unless approval given by pursuit controller.
Who can initiate TDD’s to be deployed?
Controller
Exceptional circumstances a trained employee
Pol COMMS shift commander on heavy vehicles.
What are police powers to stop fleeing vehicles?
s9, s114, s39, s121, LT Rule 5.1 2004 refers re defence urgent duty driving, red lights 20km/hr
What are the 5 levels of CIMS response
National Regional Local Incident Community
NRL IC
What are the three essential elements of Command and Control?
Leadership, Decision Making, Control
Who is not deemed to be an investigating authority in relation to the victims rights act?
A Probation Officer is not a person performing functions with powers or duties. Only the police have a statutory responsibility to meet this obligations.
What was held in the Court of Appeal re R v Proctor?
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.
Section 19 VRA 2000 refers to what in relation to VIS’?
That the VIS should be verfied by the victim and staff must abide by this. (section 19 ‘sign’)
