FA, Taser, SD, Policing Act and Victims Flashcards
(38 cards)
Arms act section 40
On demand by police person in possession of firearm, air gun, pistol or restricted weapon on, to give name, address and DOB
If refuse or give false
Police may caution and if continues to refuse or fails to give, may arrest without warrant
3months, $1000fine
Arms Act 66
Occupier if premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon or explosive found therein
If occult’s land or driver of vehicle- seems in possession unless proven that it was not his property and that it was in the possession of some other person
Hepi v R 2010
Arms act law note
Charged with possession of firearm as located on their property.
Convictions quashed after proved in balance of probabilities that it was in possession of someone else not the alleged offender
Who can be deployed with firearms?
Only verified level one responders may deploy and use a firearm
When can firearms be carried?
PCA that it is in or likely to escalate to be within the death/GBH range as specified by TOF
When on duty as AOS or STG or protection service
When performing airport duties at any airport that is “security designated”
To destroy animals
Training purposes
Principles when dealing with armed offenders
Ongoing TENR assessment
Better to take too serious than too light
Caution is not cowardice
When possible, focus on deescalation, communication, and prevention, cordon and adopt the wait and appeal role in order to negotiate surrender
Act immediately if acting in way may cause casualties otherwise never go unnecessarily in to danger
Treat all as dangerous and hostile unless definitive evidence to contrary
Should not use firearm unless it can be done without endangering other persons
Fire order- previously F061
Operationally specific instructions on the circumstances in which police employees may use firearms
Must be given when:
Training- must demonstrate knowledge and understanding of fire orders
Operational- must be given by operation or unit commanders as part of operation briefing
- all other operational situations where firearms are carried. if time and circumstances permit, supervisior must draw attention to fire order inside notebooks
Brief of firearm orders
Responsibility of knowing when firearms may be used
Conditions to be satisfied before use
- communication - first asked to surrender unless impractical
- less violent alternatives
- delay - necessity
Making decision to use 48 defence of self or other 39 arrest of offender 40 prevent escape Destroying animals
Warning shots
General rule, should not be fired
May be appropriate if
Suspect has been asked to surrender and not done so and
Can be clearly aimed as warning shot
Incident controller action if shots fired
Take control of scene
Ensure first aid rendered
Manage scene according to principles contained in the police involvement in deaths and serious injuries chapter
Inform the DC who will initiate alcohol and drug testing in accordance with commissioners circular testing police employees for alcohol and illegal drugs after police shooting
Taking control of Sven after shooting
Mark position of shooter, bullets, cartridges and anything else associated
Preserve cartridge and when possible, bullet/fragments
Secure the firearm and make safe
Preserve and photograph scene
Advise shooters immediate supervisor who will advise DC
Commence review/investigation
Conduct a debrief in compliance with the debriefed chapter
UD
Shooter to inform supervisor ASAP
Supervisor to:
Follow 1-5 of firearms discharge
Notify district police professional conduct manager
Instigate a review/debrief
Send firearm and bullets/cartridge cases to police armoury for exam. Include report with circumstance
Firearm TOR
Presentation
Discharge
UD except where in training
Destruction of animal
After TASER use
Consult with operator as to whether physical attendance needed
Ensure proper after care and med attention
Ensure scene preserved and photos. All evidence recovered
Ensure subject examined by registered medical doctor or qualified ambo officer if not available
Exam recorded on pol42 post taser exposure medical exam form
Ensure operator completes the details of all instances of use in the taser register
Ensure TOR submitted
Ensure evidence.com upload
Review footage and TOR
Coroners role
Receive report of death from police
Decide on whether to direct post mortem and who to attend
Authorise release of body
Decide whether to open an inquiry and if inquest if so
Coroners inquiry
To Establish: Person has died Identity When and where Causes Circumstances
Make specifies recommendations or comments under the act
Determine whether the public interest would be served by the death being investigated by other authorities
Attending SD
Ensure safety
Personal protective equipment
Signs of life
Inform supervisor
CIB if appears suspicious
Duly qualified person to complete verification of death. Before body moved.
If under treatment, doctor to issue a medical certificate of causes of death HP4720
Notify coroner if one that must be reported. 0800 266800
Complete deceased person notification
Who can compete VOD
Registered medical practitioners Nurse Registered midwife Intensive care paramedics Paramedic Emergency medical technician
Deceased can not leave police control until completed
If family does not allow removal of body
Powers to
Remove body with warrant
Seize evidence without warrant
Apply to DC judge for warrant if
Coroner has given direction under s20
Reasonable grounds to believe the body is being held in that place contrary to the directions and
You have used negotiation and all other reasonable means to have body released
Can seize evidence with reasonable force if necessary if complying with direction to removed under s2” or executing warrant
Evidence in or on immediate vicinity and relevant to PM
Delivered to coroner
Must inform within 5 days of seizure. In person or writing
Policing act 32
Identifying particulars of person in custody
To obtain info that may be used now or in the future for lawful purpose
May take identifying if in lawful custody and is at police or police being used as
Take in manner reasonable in the circumstances and only reasonable force that may be necessary to secure persons identifying particulars
If after caution, fail to comply, commits an offence liable to 6months and $5000
Identifying Features
Any or all of
Biographical details- name, add, dob
Photograph or visual image
Fingerprints, palms or footprints
Policing Act Section 33
Identifying particulars for summons
Good cause to suspect person had committed offence and intend to bring proceedings against the persons in respect of that offence by the way of summons, may detain at any place in order to take identifying particulars and only for the period necessary to take them
Taken in manner that is reasonable and reasonable force that may be necessary to secure particulars
Fail to comply- offence, 6months and or $5000
Policing Act Section 36
Care and protection of intoxicated people
If found intoxicated in public place or while trespassing on private property, may detain and take in to custody if
Reasonably believes incapable of protecting self from physical harm or likely to cause physical harm to another or likely to cause significant damage to property
And
Constable satisfied is satisfied not reasonably practical to provide for the persons care and protection by taking to their own residence or to a temporary shelter
Detained to be released as ceases to be intoxicated, no longer than 12hrs unless recommended by health practitioner recommends
Section 31 of crimes act applies in respect if the power to detain and take into custody
VRA immediate family definition
Close relationship with victim at time of offence
Includes
Spouse, partner, civil union, de facto Children or step children Siblings or step Parents, step parents Grandparent
