2 - Firearms, Taser, Sudden Death etc Flashcards
(25 cards)
Firearms - Decisions regarding Police interventions will take into account the attitude towards compliance and be:
- Logical, timely and considered
- Evidence based
- Made impartially
- Sufficiently robust and well documented
Firearms - Range of interventions available enables Police to:
- Issue warning letters
- Revoke a firearms or dealers license
- Issue a notice of temporary suspension
Firearms - Factors to consider when weighing up which intervention tool to use
- Extent of harm or risk of harm
- Conduct of license holder
- Public interest
- Attitude to compliance
Firearms - A person is disqualified from holding a firearms license if…
They have within the previous 10 years been convicted or released from custody after being convicted of:
- A serious violent offence
- A offence under MODA
- Protection order against them previous 10 years
Firearms - PSO’s
A persons firearms license is suspended while a PSO that has been issued is in force. Bound person must immediately surrender FAL and any weapons in their possession.
Firearms - On demand by Police, person in possessing of FA shall provide:
Full name, DOB, address
Firearms - If person fails to provided particulars, Police can:
- caution that person
- If that person persists in such refusal or fails to give correct particulars,
Arrest without warrant
Firearms - Occupier of premises or driver of vehicle
Any person in occupation of land or building or driver of vehicle where FA etc is found, is deemed to be in possession of it. Has to prove its not his property and was in possession of another person
Firearms - Hepi v R
Alleged offender can be deemed to be in possession of the FA if proven that the alleged offender was in occupation of relevant property. Defence can rebut the presumption by proving that the FA was in possession of someone else.
Firearms - S18 (1) S&S Act. A constable who has…
RGTS that any 1 or more of circumstances in subsection 2 exist, may:
- Search the person
- Search anything in the persons possession, including vehicle
- enter a place or vehicle to to carry out any of the above
- seize and detain any arms found
- seize and detain any license found
Firearms - S18 (2) S&S Act. The person is carrying arms or is in possession of them and…
- they are in breach of the Arms Act 1983 or
- by way of his or her physical or mental condition is incapable of having proper control of the arms or may kill or cause bodily injury to any person or
- under the FV Act 2018, a PO or PSO is in force against the person or there are grounds to make an application for a PO
Firearms - S18 (3) S&S Act. A constable may enter place or vehicle, search it and seize any FA etc if they have RGTS that there are arms in the place or vehicle…
- in respect of which a Cat 3 or 4 or an offence against Arms Act has been, is being or about to be committed or
- that may be EM in relation to Cat 3, 4 or Arms Act offence
Firearms - Two things you must do when deploying with firearms
- Advise supervisor and Comms
- Carry a taser where one is available
Firearms - Offender must not be shot without considering
Communication - they must have first been asked to surrender
Less violent alternatives - must be clear they cannot be disarmed or arreted without first being shot
Delay - Further delay would be dangerous
Firearms - Discharge of firearm by employee resulting in death or injury
- Take control of scene
- Ensure first aid is rendered
- Manage scene
- Inform District commander
Firearms - All other instances of firearm discharge
- Mark employees position, empty cartridge cases, bullet fragments and any other items or people associated
- Preserve the cartridge cases
- Secure firearm and remaining rounds (dont alter or remove items from FA)
- Preserve and photograph the scene
- Advise employees supervisor who will advise DC
Taser - Supervisor steps to follow after operational discharge
- Consult with operator whether physical attendance is required
- Ensure proper aftercare and appropriate medical attention is provided
- Ensure scene is preserved and photographed and all evidence collected
- Ensure subject is see by registered medical doctor
- Review footage and TOR
Sudden Death - Three pathways taken by coroner to conclude investigation
- Conclude without opening an enquiry
- Open and conduct enquiry into death but conclude without formal court hearing
- Open and conduct enquiry and conduct formal hearing (inquest) in Coroners court
Sudden death - Initial procedure
- First aid
- Scene exam
- Verify death, must be done by:
Registered medical practitioner, Nurse, Registered midwife, Intensive care paramedic, paramedic - Cause of death
- identity
- Victim support (mandatory)
- Contact National duty coronor (Mandatory)
Sudden death - Hierarchy of identification
1 - Visual ID 2 - Fingerprints 3 - Odontology (dentist) 4- Comparison ID process 5 - DNA
Sudden death - Questions to ask when completing visual ID
- Do you identify this person
- Have you any doubt
- What was their address
- How long have you known the deceased
Policing Act - What are considered identifying particulars
- Biographical details (Name, address, DOB)
- Photograph
- Fingerprints
Policing Act - Identifying particulars for summons
If you intend to bring proceedings against a person by way of summons you may detain that person at any place in order to take identifying particulars
Victims Rights Act - Immediate family meaning
- The victims spouse, civil union partner or de facto partner
- the victims child or step child
- the victims sibling or step sibling
- the parent of step parent
- grandparent
