Firearms 1S Police & Victims Acts Flashcards by Mark Buckley

Factors for Consideraton (firearms licence)

*Extent of harm, risk, or risk of harm
*Conduct - behaviour, intent, capability
*Public Interest
*Attitude to compliance

How well did you know this?

Not at all

Perfectly

Firearms licence holders and non-holders will be deemed disqualified in the following circumstances

*Existing licence holder
- convicted of specified offence, or
- has protection order against them after Dec.2020

*Not firearms holder
- convicted of specified offence within last 10 years, or
- has protection order against them within last 10 years

How well did you know this?

Not at all

Perfectly

Sec.12 Trespass Act 1980 (offence with firearm)

Person who commits trespass while carrying or had a firearm with him
- may be disqualified from holding F/arms licence for 2 years

How well did you know this?

Not at all

Perfectly

Police Safety Order issued (firearms and licences)

F/arms licence suspended (Sec.40 FVA 2018)
bound person must surrender f/arms & licence (Sec.37 FVA 2018)

How well did you know this?

Not at all

Perfectly

Protection Order standard conditions (Sec.98) - weapons

Not possess/control any weapon (incl.firearm)
Not hold firearms licence
Surrender weapon/firearms licence in possession/control asap, within 24 hours, or on demand upon service of PO

How well did you know this?

Not at all

Perfectly

Definition of Weapon (Sec.8 FVA 2018)

Firearm, airgun, pistol, prohibited magazine/part, restricted weapon, ammunition, or explosive

How well did you know this?

Not at all

Perfectly

Protection Order standard conditions (Sec.90) - other

*engage in behaviour that amounts to Family Violence
*contact protected person
*encourage others to contact, or engage in behaviour that would be prohibited if it was by the respondent

How well did you know this?

Not at all

Perfectly

With regards to Protection Orders, describe when a firearms licence becomes suspended or revoked?

Suspended - when a temporary Protection Order is in force

Revoked - when final Protection Order is in force

How well did you know this?

Not at all

Perfectly

Sec.18(2) SASA 2012 (warrantless)
*RGTS Circumstances Exist

RGTS
(2) Person is in possession of firearms, is carrying firearms, or has firearms under their control; AND
(a) is in breach of Arms Act 1983; OR
(b) by reason of physical/mental condition
- is incapable of proper control
- may kill or cause bodily injury to any person; OR
(c) under Family Violence Act 2018
- Protection Order/PSO in force against that person; OR
- grounds exist to apply for Protection Order

How well did you know this?

Not at all

Perfectly

Sec.18(1) SASA2012 (warrantless)
If circumstances in (2) exist Constable may -

*Enter a place or vehicle
*Search person, place, vehicle
*Search anything in their possession/control (incl. vehicle)
*Seize and detain firearms/licence

How well did you know this?

Not at all

Perfectly

Who can be deployed with firearms?

Only certified Level 1 responders

How well did you know this?

Not at all

Perfectly

When can firearms be carried?

*When situation is in/likely to be within death/GBH range
*On duty as AOS, STG, PPO
*Airport duties, or escort, guard authorised by Dist.Commander
*To destroy animals
*Training purposes

How well did you know this?

Not at all

Perfectly

Responsibilities when carrying firearms (must)

*Advise immediate supervisor and Comms
*Deploy with Taser
*Wear ballistic armour

How well did you know this?

Not at all

Perfectly

When must Fire Orders be issued?

*When firearms are issued
- before authorised routine carriage or pre-planned operations
- before all formal training

How well did you know this?

Not at all

Perfectly

An offender must not be shot without first considering?

Communication - first asked to surrender (unless impractical/unsafe)

Less Violent - clear they cannot be disarmed/arrested without being shot

Delay - clear further delay would be dangerous/impractical

How well did you know this?

Not at all

Perfectly

Sec.48 Crimes Act 1961 (Defend self/others)

Police may use a firearm to defend themselves/others if
- fear death/GBH to themselves/others; AND
- cannot reasonably protect themselves/others in less violent manner

How well did you know this?

Not at all

Perfectly

Sec.39 Crimes Act 1961 Use of Force to Arrest (example firearm)

Police justified in using force (firearm) to arrest if
- RGTB (firearm) offender poses threat of death/GBH in resisting arrest, and
- arrest cannot be reasonably effected in less violent manner, and
- arrest cannot be delayed without danger to others

How well did you know this?

Not at all

Perfectly

Sec.40 Crimes Act 1961 (prevent escape - use of firearm)

Study These Flashcards

May use firearm to prevent escape if.
- RGTB threat of death/GBH to any person: AND
- flees to avoid arrest, or escapes after arrest; AND
- flight or escape cannot reasonably be prevented in less violent manner

Warning shots

Study These Flashcards

Not to be fired; unless
- suspect asked to surrender; and
- clearly aimed as warning shot

Discharge of firearm (injury or death)
Incident controller must -

Study These Flashcards

1.Take control/manage scene
2.Ensure first aid rendered
3.Inform District Commander

Discharge of firearm (non-injury)
Incident controller must -

Study These Flashcards

1.Mark discharging employees position and other items
2.Preserve cartridges and other items
3.Secure firearm, ammunition
4.Preserve and photograph scene
5.Advise employees supervisor
6.Commence investigation
7.Conduct debrief

Taser - Supervisor’s action after operational USE

Study These Flashcards

1.Establish whether you need to attend scene
2.Ensure medical attention
3.Preserve scene, photograph and secure items
4.Suspect examined by doctor and exam recorded
5.Taser register completed
6.Operator submit TOR
7.Operator uploads data/video to Evidence.com
8.Review Taser footage

Taser - Supervisor’s action after operational SHOW

Study These Flashcards

1.Operator submit TOR
2.Operator details arching in Taser register
3.Operator uploads data/video to Evidence.com
4.Debrief operator and review Taser footage

Sudden Death - Police Role

Study These Flashcards

Act as Coroner’s agent to investigate death and gather evidence to enable Coroner to make determinations

What does a Coroner determine?

- person has died - person's ID - when and where person died - cause - circumstances - any recommendations to reduce occurrence in future

Deaths that must be reported to Police

- unexplained, self inflicted, unnatural or violent - during medical procedure and unexpected - during pregnancy/birth - in custody/care - doctor unwilling to sign death certificate

Role of National Initial Investigation Office (NIIO)

- manage once reported to coroner until deceased released to family - engage transportation to mortuary - keep families informed - contact for NOK

Sudden Death Intitial Procedure

*Scene examination *Verify death - Paramedic etc *Cause of death - doctor willing to sign death cert. *Confirm ID *Statement of ID *Victim support *Contact Duty Coroner *Consider MPES *Consider SAR/DVI *Provide booklet - when someone dies *If suspicious - CIB

Methods of identifying deceased

1. Visual ID 2. Fingerprints 3. Odontology 4. Comparison report - SAR 5. DNA

Suicide - possible reasons to consider

* significant life events * previous attempts * mental health * financial * relationship * work * living arrangements * alcohol/drugs * school/bullying

Sec. 32 and 33 Policing Act 2008 (Identifying Particulars)

(a) Name, address and DOB (b) Photograph (c) Fingerprints, palm prints, footprints *May use reasonable force *If person fails to comply they commit an offence 6 months/$5000

Sec.32 Policing Act 2008 When may Police take a persons identifying particulars

* Person in lawful custody, detained for committing an offence at a Police Station or other place being used

Sec.33 Policing Act 2008 Identifying particulars for summons

*RGTS person has committed offence *May detain person for purpose of serving summons (a) to take identifying particulars; and (b) only for period necessary to take identifying particulars

Sec.36 Policing Act 2008 Care and Protection of intoxicated persons

May detain/take into custody intoxicated person in public place, or trespassing on private property if reasonably believe - incapable of protecting themselves from physical harm - likely to cause harm to anyone - likely to cause damage to property - not reason.practical to take take person home, temporary shelter

Sec.36 Policing Act 2008 (care of intoxicated persons) When must intoxicated person be released from custody?

* when no longer intoxicated * no longer than 12 hours, unless recommended by health practitioner

Sec.36 Policing Act 2008 Definition of Intoxication

* Observably affected by alcohol/drugs * to such degree * speech, co-ordination, behaviour impaired

Sec.36 Policing Act 2008 Definition of Temporary Shelter

* Non-Police place * Capable of providing C & P for intoxicated person

Victim's Rights Act 2002 Definition of Immediate Family

* Member of victim's family, whanau, culturally recognised group * Close relationship with victim *includes spouse, civil union/de facto partner *victim's child/step-child *victim's siblings/step-siblings *parent/step-parent or grandparent

Victim's Rights Act 2002 Definition of Victim

- person whom offence committed against - who suffers physical injury/property loss/damage - includes parent/guardian of child who suffers the above; or - member of immediate family of person who dies, or is incapable

Sec.12 VRA 2002 What information must be given to victims as soon as practicable?

- Progress of investigation - Charges laid, or reasons not laid - victim's role as witness - possibility of court suppressing details of victim - details of court hearings - outcome of prosecution

Sec.17 VRA 2002 Purpose of Victim Impact Statement

- providing info to Court - effect of offence on victim - assist court in understanding victim's views - inform offender about impact of offending

Sec.29 VRA 2002 Definition of Specified Offence

- sexual offence - serious assault - resulting in serious injury, death, person incapable - victim has ongoing fears for safety of themselves or 1 or more members of family

Sec.29 VRA 2002 Best practice when dealing with victims of specified offence

- determine if Sec.29 offence - inform of right to register on VNR - inform purpose of VNR - provide Pol 1065 VNR form - victim's choice - can register later - record above in NIA

Firearms 1S Police & Victims Acts Flashcards

(43 cards)