Victims/use of force/rules of evidence

Question 1

Victims rights

Answer 1

Section 7: courtesy/compassion treat them with dignity.
Section 8: Access to services such as welfare/health care/legal services.
Section 11: Inform victims of services available to them.
Section 12: supplying information
-progress of investigation
-actions taken/charges filed
-dates/time/place of proceedings
-responsibilities of the victim
-outcome of proceedings

Section 52:all property must be returned as soon as practicable.

Question 2

Who is a victim

Answer 2

A) a person whom an offence has been committed by another person
B) a person through an offence by another person has suffered physical injury/ or loss or damage to property
C) a parent if guardian of A or B
D) a member if the immediate family though as a result of an offence committed by another person had died or become incapable.

Question 3

Golden rule: Victims

Answer 3

Treat victims as you would like to be treated.

Question 4

2 stages of a victim

Answer 4

Impact stage: numbness/ emotional disbelief/ disorientation/ immobilisation/childlike symptoms

Recoil stage: Anger or rage/mood swings/guilt/frustration/confusion/violation

Question 5

Use of force

Answer 5

Must be reasonable/necessary and proportionate

Question 6

Use of force sections

Answer 6

Section 39: in arrest process
Section 40: to prevent escape or evasion
Section 41: prevent suicide
Section 42: prevent breach of the peace
Section 48: self defence and defence of others
Section 62: excess force

Question 7

Hearsay evidence

Answer 7

The oral or written statement of somebody that is not produced as a witness at court

Question 8

Hearsay evidence us admissible if:

Answer 8

It is reliable and the person is unavailable or it would cause undue delay or expense in obtaining the witness.

Question 9

Reliable evidence

Answer 9

C-content 
H- how statement was taken
A- accuracy of statement 
N-nature if the statement first hand/second hand 
T- truthfulness

Question 10

Unavailable as a witness

Answer 10

Deceased
Unfit due to mental/physical illness
Non compellable
Cannot be identified or located
Out of nz

Question 11

Opinion evidence

Answer 11

Expert opinion: expert or skilled by special study or experience in a particular field 
Non expert: 
Handwriting
Age
Mental/physical state
Identification

Question 12

Propensity evidence

Answer 12

Some bodies history/tendency to act or behave in a certain way.

Question 13

Missing persons

Answer 13

Reported
Unknown where abouts
Fears for safety/ welfare

Things to consider yo take action immediately
Zone of safety
Age
Circumstances