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CPK > Ch 3 - Firearms, Taser, Sudden Death, Policing Act 2008, Victims Rights Act 2002 > Flashcards

Ch 3 - Firearms, Taser, Sudden Death, Policing Act 2008, Victims Rights Act 2002 Flashcards

1
Q

S40 Arms Act 1983

A
  • Every person, in possession of - firearm, airgun, pistol or restricted weapon
  • Shall, on demand give:
    • Full name
    • Address
    • DOB
  • To any member of police, in uniform or who produces evidence that he is a member of police
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2
Q

Under s40 of the Arms Act 1983 - What are the consequences of refusing to complying with s40?

A

(A) Caution the person
(B) Arrest without warrant if they continue to refuse/give false details

Liable: imprisonment not exceeding 3 months, $1000 fine.

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3
Q

S66 Arms Act 1983

A
  • Every person in occupation of any land, building, or driver of any vehicle
  • On which any F, A, P, I.F, R.W or E is found
  • Be deemed in possession
  • Unless he proves that it was not his property and that it was in the possession of some other person.
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4
Q

What are the two Police responsibilities when firearms are carried?

A

Employees who carry firearms must:

  • Advise immediate supervisor and Comms of their decision to deploy with firearms asap
  • Deploy with a taser where one is available
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5
Q

When must a TOR be submitted by an employee in possession of a firearm?

(P.D.U.D)

A
  • Presentation (excluding AOS / STG)
  • Discharge
  • Unintentional discharge
  • Destruction of animals

TOR must be submitted by supervisor when a firearm discharge results in death or injury.

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6
Q

When must you notify a supervisor whenever a taser is shown or used?

A

The operator must:

  • notify a supervisor asap
  • Employees in rural/remote locations, notify the nearest on duty supervisor.
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7
Q

What is the Coroner’s role in relation to a death?

R. D. A. D

A
  • Receive a report of the death from Police.
  • Decide whether to direct a PM and, if one is directed, whether to authorize certain people (other than the pathologist) to attend.
  • Authorise the release of the body.
  • Decide whether to open an inquiry, and if one is to be conducted, whether an inquest should be held.
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8
Q

What is the purpose of a coroner’s inquiry?

D. I. W. C. C

A

To establish:

    • That a person has died.
    • The person’s identity.
  • When and where the person died.
  • The causes of death.
  • The circumstances of death.
  • Make recommendations/comments under the Act.
  • Determine whether public interest would be served by the death being investigated by other investigating authorities.
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9
Q

What deaths must be reported to the coroner?

S, U, V. D. M, S, D. B, C

A
  • Death that appears to be without known cause, or suicide, or unnatural or violent.
  • Death which no doctor has given a doctor certificate for.
    • Death that occurred during medical, surgical or dental treatment.
  • Death while the women concerned was giving birth or that appears to have been a result of that women being pregnant or giving birth.
  • Death in official custody or care.

(1C / 1X / No doctor sign off)

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10
Q

Obligation of Police reporting deaths to Duty Coroner.

A

A Police Officer who finds a body, in NZ, or receives report of a death, under s14, must report the death immediately to the duty coroner. (s15)

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11
Q

Who has custody of the body?

A

When a death is on that Police must report to the coroner under section 13, the coroner then has exclusive right to the custody of the body.

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12
Q

The family of a 1X female refuse to let her body be taken by the Police / Coroner.

What powers do you have / What can you do?

A

If immediate family do not allow the body or evidence to be removed, you have a power to:

  • Remove the body (with warrant) and,
  • Seize evidence (without warrant).

You must consult the duty coroner and use all other means of negotiation first before invoking these powers.

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13
Q

What are the Police responsibility to inform immediate family of death? (3)

A
  • If death is subject to Coroners Act 2006, Police assist coroner by informing immediate family asap.
  • When not reporting to coroner, Police must inform deceaseds immediate family asa deceased ID’ed.
    • In the case of estrangement within immediate family, Police should consider informing all parties and not rely on family members to inform other immediate family of the deceased.
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14
Q

Identifying particulars of person in custody

S32 Policing Act 2008

A

(1) Purpose to enable Police to obtain info, that may be used now or in the future, by Police for lawful purpose.

  • (2) Constable may take identifying particulars of person in lawful custody and if detained for committing offense:
    (a) At a Police station, or
    (b) At any other place being used by Police purposes.

(4) Person commits an offense under this section for failing to comply and is liable to imprisonment not exceeding 6 months and a fine not exceeding $5000 or both.

(5) In this section and s33, identifying particulars means:
(a) persons biographical details (name, add, DOB)
(b) persons photograph
(c) . Impressions of persons fingerprints, palm prints or foot prints.

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15
Q

S33 Policing Act 2008

Identifying particulars for summons

A

(2) . A constable who has G.C.T.S. A person of committing an offense and intents to bring proceedings against them by way of summons, may detain that person at any place:
(a) . In order to take the persons identifying particulars and
(b) . Only for the period necessary to take the persons identifying particulars.

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16
Q

S36 Policing Act 2008

Care and Protection of intoxicate people

A

(1) A constable who finds a person intoxicated in a p.p, or intoxicated while trespassing on private property, may detain and take the person into custody if:

(a) the constable reasonably believes that the person is:
	(i) incapable of protecting themselves from physical harm;
	(ii) likely to cause physical harm to another;
	(iii) likely to cause significant damage to any property and

(b) constable is satisfied it is not reasonably practicable to provide for the persons care and protection by:
	(i) taking the person to his/her residence or
	(ii) taking the person to a temporary shelter.
17
Q

Under s36 of the Policing Act 2008, how long can a person be detained under subsection 1?

A

(2) (a) must be released as soon as the person ceases being intoxicated:
(b) must not be detained for longer then 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.

18
Q

S7 Victim Rights Act 2002

A

Any person who deals with a victim should:

(A) Treat the victim with courtesy and compassion and
(B) respect the victims dignity and privacy.

19
Q

S8 Victims Rights Act 2002

Access to Services

A

A victim or member of a victims family

Who has welfare, health, counseling, medical or legal needs arising from the offense should have access to services that are responsive to those needs.

20
Q

S17 Victims Rights Act 2002

Victim Impact Statement Defined

What can be included in a VIS?

A

VIS - info ascertained under s17 from a victim or person who under s20 is treated as a victim and has been submitted to court for sentence indication or sentencing.

(2) In this section, information, may include any photographs, drawings or other visual representations provided by the victim.

21
Q

S17AB - Purpose of VIS

E, VV, IO

A

(A) enable victim to provide info to the court about effects of offending

(B) Assist court in understanding victims views of offending,

(C) inform the offender of impacts of offending, from victims perspective.

22
Q

How should a VIS be written?

A

VIS needs to be that of the victim, and written in victim speak. It should not repeat the evidence. Do not use police jargon.

23
Q

When does a VIS need to be put on the file?

A

Good practice to have prepared for first appearance.

MANDATORY to be on file for second appearance.

24
Q

S29 Victims Rights Act 2002
Specified offenses defined

What is a specified offense?

A
  • Sexual
  • Serious assault
  • offence resulting in serious injury, death, or becoming incapable
    • ongoing fears on RG - for physical safety, security or physical safety or security of 1 or more members of their immediate family.

CPK (4 decks)

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