Chapter 2 Firearms, Taser, Sudden Death, Policing Act & Victim Rights Act

Question 1

What are Police powers under S.40 Arms Act

Answer 1

→ every person in possession of a firearm shall give name/address/dob to police
→ anyone refuses may be cautioned, if continues to refuse then can be k9

Question 2

What is ‘deemed’ under S.66 Arms Act

Answer 2

every person occupying any land/building/vehicle shall be deemed to be in possession of any firearm unless he proves otherwise.

Question 3

What was held in Hepi v R - S.66 Arms Act

Answer 3

That the presumption that someone is is possession can be rebutted by defence proving on balance of probabilities that firearms in possession of someone else

Question 4

When can Police firearms be deployed

Answer 4

→ when PCA that likely to be death/gbh as per TOF
→ AOS/STG/Protection services
→ airport duties
→ escort/guard as authorised by DC
→ destroy animals
→ training

Question 5

What are the Police requirements when going to deploy with firearm

Answer 5

→ tell NCO or Comms
→ deploy with Taser if available
→ wear HAP

Question 6

What are Police fire orders

Answer 6

→ must be conversant with S.39, 40, 41, 48 & 62
→ must be satisfied via PCA that exists justification to fire
→ must be asked to surrender (unless unsafe to do so)
→ no less violent means
→ to delay would be unsafe
→ defend themselves or others (S.48)
→ arrest an offender (S.39)
→ Prevent escape (S.40)
→

Question 7

What are duties of incident controller following discharge causing death/GBH

Answer 7

→ control scene
→ render first aid
→ manage scene
↘ mark positions of person/cases
↘ preserve cartridge cases/fragments
↘ secure firearm/rounds & make safe
↘ preserve & photograph scene
↘ advise NCO/DC
↘ Debrief

Question 8

How can unintentional discharges happen

Answer 8

→ operator error

→ mechanical error

Question 9

When must a TOR be done (firearms)

Answer 9

→ each time a firearm is presented at another person other than training except AOS/STG
→ each firearm discharge except for training
→ unintentional discharge
→ destruction of animals

Question 10

What are Taser post-op procedures when fired

Answer 10

→ notify NCO asap
→ aftercare/medical attention by Dr and POL42 done
→ preserve scene/photograph
→ secure discharged cartridges, wire, probes & 4-5 CIT
→ complete Taser register
→ upload incident on evidence.com and share with NCO

Question 11

What are Taser post-op procedures when shown

Answer 11

→ submit TOR
→ complete Taser register
→ upload incident on evidence.com & share with NCO
→ debrief/review incident

Question 12

What is procedure for unintentional discharges of Taser

Answer 12

→ preserve/photgraph scene if necessary
→ withdraw taser from service and consult with armoury
→ secure all cartridges, wire, probe, CIT
→review what happened
→ submit TOR
→ upload onto evidence.com
→ update taser register
→ notify Dist Police Prof conduct mgr.

Question 13

What are identifying particulars (S.32 Policing Act)

Answer 13

→ name/address/dob
→ photo/image
→ finger/palm/foot prints

Question 14

When can Police take identifying particulars (S.32 Policing Act)

Answer 14

→ person detained for an offence

→ at Police station or other place used by Police

Question 15

What are requirements in taking identifying particulars

Answer 15

→ taken in manner that is reasonable in circumstances
→ only use reasonable force that is necessary
→ caution a person who fails to comply. Can be K9 if stil refusing.

Question 16

Outline S.33 Identifying particulars for summons

Answer 16

→ GCS committed an offence & intend to summons
→ offender can be detained to take identifying particulars
→ can be k9 if fails to comply after being cautioned

Question 17

Outline S.36 CPA -1K people

Answer 17

→ person 1K in public place or trespass on private property can be detained if believes:
↘ incapable of self care
↘ likely to assault
↘likely to damage
↘ not able to take home and no temp shelter available
↘ detain only for 12 hours unless extended by Dr

Question 18

Who is included in the definition of Immediate Family

Victim Rights Act

Answer 18

→ family/whanau in close relationship with victim
→ spouse/civil union/defacto
→ child/step child
→ brother/sister & step siblings
→ parent/step-parent
→ grandparent

Question 19

What is definition of incapable

Answer 19

→ wholly or partially unable to foresee consequences/decisions affecting their well-being
→ can foresee things but not able to communicate decions
→ includes person in continuing unconciousness

Question 20

What is definition of victim

Answer 20

→ offence been committed against them
→ suffers injury/loss or damage to property
→ parent/guardian unless that person also charged with offence
→ immediate family of a person who dies or incapable unless that person also charged
→ suffers emotional harm
→ parent/guardian who suffers emotional harm - unless also charged
→ experienced domestic violence
→ child residing who experiences domestic violence,

Question 21

What are the guiding principles for treatment of victim

Answer 21

→ should be treated with courtesy/compassion
→ respect dignity/privacy
→ victim/family member should have access to services that is responsive to their needs

Question 22

Outline S.7 Information about programs/remedies/services

Answer 22

→ victim as soon as practicable given P/R/S available by an agency 
→ agencies are
↘ ACC
↘ DHB
↘ Corrections
↘ MOJ
↘ Min Social Devpt
↘ Police

Question 23

Outline S.8 info about proceedings

Answer 23

Police legally obliged to inform victim promptly as progress of investigation/proceedings

Question 24

What are the four purposes of a VIS

Answer 24

→ provide info to court
→ balances info in a pre-sentence report
→ opportunity for victim to provide input into justice system
→ offender forced to recognise effects of their actions

Question 25

What are the police duties in regards to VIS

Answer 25

→ ensure relevant info is gathered for VIS
→ ensure victim informed about purpose of VIS & and who reads it.
→ VIS needs to be statement from victim - not police speak
→ VIS mandatory for 2nd appearance
→ add any update to bottom of VIS
→ ascertain view on orders (Prot Order)
→ views on reparation and disqualification.

Question 26

What must Police do when a victim comes into contact with Police

Answer 26

Determine whether the offence is a specified one

Question 27

What are the specified offences under S.29 VRA

Answer 27

→ major sexual offences (Part 7)
→ serious assaults/injury/death/incapability
→ good reason to fear offenders release

Question 28

What happens when it is a specified offence

Answer 28

→ victim must be told of right to register on victim notification register - record in NIA

Question 29

Outline S.30 Victim’s views about release on bail of accused or offender

Answer 29

→ that offence is a specified one
→ offender applies for bail
→ Police MUST make reasonable attempts to ascertain views of victim & then inform court.