5. Victims and Road Policing

Question 1

Sections 7 and 8, Victims Rights Act 2002

Answer 1

Sec 7; Refers to the treatment and access to services for victims. Any person who deals with a victim should;
-Treat the victim with courtesy and compassion
-Respect the victim’s dignity and privacy

Sec 8; Signals the obligation that Police have to provide support to victims. Complete a CVS1 at every first appearance.

Question 2

Sections 11, Victims Rights Act 2002
Information to be given to victims.

Answer 2

A victim must asap be given information by each agency about the support available through the agency.

Police provide info through CAF‘s and letters, usually generated by the CRL or FMC’s. Complete victim support referrals on NIA.

Question 3

What should a victim be told in relation to Court proceedings?

Answer 3

Sec 12 ;
The progress of the investigation
Any charges laid or reasons for not laying charges
The victims role as a witness
Name suppression
Time, date, and place of each Court appearance
The outcome of the prosecution

Question 4

What should you include in a victim impact statement?

Answer 4

Any physical injury or emotional harm suffered
Any loss, or damage to property
Any other effects on the victim
Any other matter

Question 5

Who can go on the Victim Notification Register? Pol 1065

Answer 5

Victims of specified offences, section 29;

-A victim of an offence of a sexual nature
-Victim of a serious assault (incl presenting loaded firearm)
-A victim where serious injury or death of a person has occurred
-Where a victim has ongoing fears on reasonable grounds for his or her or their family’s safety.

Question 6

What must a prosecutor do for the victim if an offender is applying for bail?

Answer 6

Sec 30, Victims Rights Act 2012
The prosecutor must make all reasonable efforts to obtain the views of the victim and inform the Court of any views.

Question 7

Can a victim choose a representative to obtain information on their behalf?

Answer 7

Under section 31, Victims Rights Act 2002;
A victim can appoint a representative. Police are required to give the representative the information. The representative now has the obligation to receive and pass on the notifications to the victim.

Question 8

What are the guiding principles regarding Road to Zero?

Answer 8

We promote good choices but plan for mistakes
We design for human vulnerability
We strengthen all parts of the road transport system
Shared responsibility for improving road safety
Our actions are grounded in evidence and evaluated
Our road safety actions support health and well-being in livable places
We make safety a critical decision making priority

Question 9

What are the five focus areas regarding Road to Zero?

Answer 9

Infrastructure improvements in speed management
Vehicle safety
Work related road safety
Road user choices
System management

Question 10

What are the RIDS?

Answer 10

Restraints
Impairment
Distraction
Speed

Question 11

Regarding a fleeing driver, any pursuit must be justified by a continuous TENR risk assessment. Overriding principle is that safety is success. What should the TENR risk assessment consider?

Answer 11

The initial threat posed by the vehicle occupants

The necessity to immediately apprehend the driver and/or passengers

The risk of harm to any person if the driver fails to stop or remain stopped.

Question 12

What will be considered after each fleeing driver event?

Answer 12

Whether the decision to pursue was;
Appropriate
Lawful
Justified considering all the circumstances
Compliant with Police instructions
Whether there are lessons to be learned and applied

Question 13

When is a pursuit justified?

Answer 13

A pursuit is only justified when the threat posed by the vehicle occupants prior to signalling the driver to stop, and the necessity to immediately apprehend the driver and/or passengers, outweighs the risk of harm created by the pursuit.

Question 14

What should you consider before signalling a driver to stop?

Answer 14

You should have already decided whether to commit to pursuit if the driver fails to stop or remain stopped.

If you believe a driver is likely to flee, Comms should be advised of:
The reason for wanting to stop the driver
The intention to signal the driver to stop
And, whether a pursuit is going to be initiated if the driver fails to stop

Question 15

If a driver fails to stop, is that sufficient reason to commence a pursuit?

Answer 15

No

Question 16

What should you do when a driver flees and a decision is made to not pursue?

Answer 16

Request Comms enter a field event for the fleeing driver incident.

Result event K6 and follow up with an investigation to identify and hold the driver to account.

Question 17

What should you do if a driver flees and the decision is made to commence a pursuit?

Answer 17

Tell Comms the initial reason for signalling the driver to stop, and the direction and road you are travelling on.

Comms may instruct the driver to abandon pursuit if there is insufficient reason to justify a pursuit.

Question 18

What must you do following a decision to abandon a pursuit?

Answer 18

Acknowledge the direction to abandon pursuit
Immediately reduce speed
Deactivate warning devices once below the speed limit
Stop as soon as it is safe to do so
Advise the pursuit controller you are stationary and state location
Stop actively searching for the driver unless specifically authorised by the pursuit controller
Resume normal duties or deploy to other events

Question 19

After a fleeing driving event, when should the unit create a NIA investigation file?

Answer 19

Before the end of shift, or;
with approval, within five days of the end of shift and before going on RDOs or leave.

Question 20

Can you start a pursuit with the same vehicle later?

Answer 20

Permission must be obtained from the pursuit controller before signalling the driver to stop again.

Permission will only be given in circumstances where the threat posed by the occupants, and the necessity to immediately apprehend the driver, outweighs the risks created by the pursuit.