Firearms, TASER, SD, Policing Act & Victims Flashcards

(64 cards)

1
Q

Who can be deployed with firearms?

A

Level 1 responders

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2
Q

Under which condition can a warning shot be fired?

A

Suspect has been asked to surrender (if practical) and has not done so, and it can be clearly aimed as a warning shot

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3
Q

What are responsibilities of officer carrying firearms? (3)

A
  • Advise supervisor/comms
  • Deploy with TASER
  • Wear BAS/SABA
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4
Q

In what situations is the use of firearms justified? (4)

A
  • S. 39 Arresting offender
  • S.40 Preventing escape
  • S.48 Self defence or defence of another
  • Destroying animals
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5
Q

What are the three key considerations before firing at an offender? (3)

A
  • Asked to surrender (unless impractical to do so)
  • Cannot be disarmed/arrested without being shot
  • Any delay would be dangerous or impractical
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6
Q

What are the immediate steps to be taken following discharge of employee’s firearm? (5)

A
  • Mark position of all items/people associated with the discharge
  • Secure the firearm and make it safe (recording actions)
  • Preserve and photograph the scene, including casings
  • Advise employees supervisor, who will advise District Commander
  • Complete TOR
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7
Q

As a supervisor, when issuing or returning firearms you must fill out the firearms register (POL369). You must also carry out three checks (3)

A
  • Clean and check weapons
  • Check ammunition is accounted for
  • Check employee has not retained any firearms/equipment
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8
Q

If a TASER is presented at someone, but not used, must you complete a TOR?

A

Yes

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9
Q

Following the discharge of a TASER, how many Cartridge Identifiation Tags (CIT) are you required to collect?

A

4 - 5

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10
Q

In what situations does a death get reported to the coroner? (5)

A
  • No Doctors cert
  • Suicide, violent, unnatural, unknown
  • Medical, surgical, or dental treatment
  • Pregnancy, birth
  • Custody/care
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11
Q

At a sudden death, can the body be moved before the Doctor pronounces life extinct?

A

No

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12
Q

What is the role of the coroner in relation to a death? (5)

A
  • Receive POL48
  • Decide whether to direct postmortem
  • Consider opening an inquiry
  • Hold inquest
  • Authorise release of body
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13
Q

Can a Constable use reasonable force to obtain the identifying particulars of a person in custody?

A
  • Yes
  • S.32 Policing Act
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14
Q

Under the Policing Act, what three observations must be made to detain a person for detox?

A
  • Incapable of protecting self from physical harm
  • Likely to cause physical harm to another person
  • Likely to cause significant damage to any property
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15
Q

You cannot detain a person for detox on private property. What is the exception to this?

A

They are intoxicated and trespassing on that private property.

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16
Q

How long can you detain a person for detox?

A

12 hours

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17
Q

As per the Victim Rights Act, who is considered a victim? There are four classifications (4)

A
  • Primary victim suffers physical injury, emotional harm, or property loss from an offense.
  • Secondary victim parent/guardian of a harmed child.
  • Family victim immediate family of a deceased victim.
  • Representative victim acts for a victim who can’t represent themselves.
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18
Q

A victim impact statement must be current. How old can it be?

A

No more than 28 days.

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19
Q

What qualifies victims for the VNR?

A
  • Sexual nature
  • Serious assault
  • Offence that resulted in serious injury or death of another
  • Fears for safety and that of family
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20
Q

What information will victim receive from VNR? (9)

A
  • Pending parole hearings
  • Notification of Parole Board’s decision
  • Release from prison
  • Temporary release from prison
  • Breaching home detention
  • Convictions for breaching release conditions
  • Recall to prison
  • Deportation hearings
  • Claims opportunities
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21
Q

What is Te Tari Pūreke?

A

A unit within NZ Police responsible for firearms licensing and safety.

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22
Q

What are the key responsibilities of Te Tari Pūreke? (4)

A
  • Processing firearm licence applications
  • Conducting background checks
  • Enforcing safety regulations
  • Educating the public on firearm safety
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23
Q

What is the main purpose of Te Tari Pūreke?

A

To maintain public safety by ensuring firearms are only held by fit and proper individuals.

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24
Q

What is a firearms licence suspension?

A

Temporary action taken due to public safety concerns or a breach of licence conditions.

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25
What does it mean when a firearms licence is revoked?
It is permanently canceled, and the person is permanently barred from possessing or using firearms.
26
Why would a firearms licence be revoked?
Due to serious issues like criminal convictions or repeated breaches of firearms laws or safety regulations.
27
What is firearms licence disqualification?
Person legally prohibited from holding a firearms licence. This can be temporary or permanent.
28
What are examples of temporary and permanent disqualification?
- Permanent: Firearms Prohibition Order. - Temporary: Mental health concerns, which may be reconsidered after treatment.
29
What is a Firearms Prohibition Order (FPO)?
A court-issued order for individuals deemed a risk to public safety, often due to violent crime or criminal involvement.
30
What are the effects of a Firearms Prohibition Order? (2)
- Automatic disqualification from holding a firearms licence. - Prohibited from possessing firearms or ammunition.
31
What does it mean to be a ‘fit and proper’ person for a firearms licence?
Someone who meets the criteria, including firearms safety knowledge, legal compliance, and stable mental and physical health.
32
What factors can make a person unfit to hold a firearms licence? (3)
- Past criminal behavior - Substance abuse - Risks to public safety
33
What factors do police consider under S.24A of the Arms Act to determine if a person is fit and proper to possess a firearm? (4)
- Past criminal convictions (violent or drug offences) - Mental illness - Gang membership - Potential risk to public safety.
34
What does Section 22H of the Arms Act automatically disqualify people from?
Holding a firearms licence if they’ve been convicted of serious offences, like violent crimes, drug offences, or being subject to a Firearms Prohibition Order or PO in the last 10 years.
35
What does the transitional provision in Section 22H of the Arms Act allow for individuals with a valid firearms licence on 24 December 2020?
They are not automatically disqualified under the new rules when the law came into effect.
36
What happens to a firearms licence during a Temporary Protection Order (TPO)?
Suspended, and they cannot legally possess firearms while the order is in place.
37
What happens when a Final Protection Order (FPO) is issued?
The person’s firearms licence is revoked, and they are permanently disqualified from holding a firearms licence, even if they had one before the order.
38
What does Section 12 of the Trespass Act allow the court to do if someone is convicted of trespass while carrying a weapon?
The court can disqualify them from holding a firearms licence for up to 2 years and revoke their existing licence during that time.
39
With regard to firearms, what must a bound person do under a PSO?
Immediately surrender all weapons, including firearms and their firearms licence
40
What happens to a person’s firearms licence during the PSO period?
Suspended, and the person cannot legally possess or use firearms.
41
What do police assess during the PSO period regarding the person's firearms licence?
Whether the person is still "fit and proper" to hold a firearms licence and may proceed with suspension or revocation if needed.
42
Regarding possession, what is the situation if a firearm or weapon is found on someone's property or in their vehicle?
The owner or person in control is presumed to be in possession unless they can prove it belongs to someone else.
43
Regarding firearms, what types of items does the presumption of possession apply to? (7)
- Firearms - Airguns - Pistols - Imitation firearms - Restricted weapons - Prohibited magazines - Explosives
44
What must a person possessing firearms or ammunition do if requested by a police officer?
They must provide their full name, address, and date of birth.
45
Can the presumption of possession be challenged if a firearm or weapon is found on someone’s property?
Yes, by proving, on the balance of probabilities, that the items were in someone else’s possession.
46
What makes it an offence to possess an offensive weapon or disabling substance?
Possessing them without lawful authority or reasonable excuse.
47
What is considered an offensive weapon or disabling substance?
An offensive weapon is anything made or intended to cause bodily injury, and a disabling substance is any substance intended to disable a person.
48
In what circumstances can police search a person, place, or vehicle without a warrant under S.18 S&S Act?
RGTS a Category 3 or 4 offence, or an offence under the Arms Act, has occurred, is occurring, or is about to occur.
49
What conditions allow police to search a person under S.18 of the S&S Act?
RGTS person possesses or controls firearms and is breaching the Arms Act, mentally unstable, subject to a PO or PSO, or if grounds exist for a PO.
50
When are police officers authorised to carry firearms? (5)
- PCA death/GBH on TOF - Role requires it (AOS, STG, protection services, airport, escorts, guards). - Temporary carriage. - Destroying animals. - Training purposes.
51
When are police justified in using a firearm? Officers must be personally satisfied that their Perceived Cumulative Assessment (PCA) justifies firing. Before shooting, they must: (4)
- Ask the offender to surrender (unless impractical). - Consider less violent means. - Assess whether delaying action is appropriate. - Firearms must not be used if the offender is no longer a threat to life.
52
When is a TOR required to be completed, and who is usually responsible for completing it?
TOR must be completed for any presentation, discharge (intentional or unintentional) of a firearm, or destruction of animals.
53
Who is responsible for completing the TOR if there is injury or death involved?
The Supervisor (not the person who used the force).
54
What is the procedure following the discharge of a TASER? (7)
- Operator to provide aftercare - Preserves the scene - Seize discharged items - Records incident in the TASER register. - Submit TOR - Upload footage - Share with Supervisor for review.
55
What is the role of a Coroner in a sudden death case? (6)
- Receive POL47 - Decide if a post-mortem needed - Determines who should attend post-mortem - Authorizes the release of the body - Assess if sufficient evidence for identification - Decide whether to open an enquiry or hold an inquest.
56
What is the police role in investigating a sudden or unexplained death? (4)
- Act on behalf of the coroner to investigate - Notify the immediate whanau of the death - Provide support - Gather evidence for identification
57
When must a death be reported to the coroner? (5)
- No doctor’s certificate is available. - Cause is unknown, suicide, unnatural, or violent. - Occurred during medical, surgical, or dental treatment. - Occurred during pregnancy or childbirth. - The person was in custody or care.
58
What are the initial actions when attending a sudden death? (6)
- Assess safety and wear PPE. - If 1C, 1X, or a child under 2, contact CIB. - Arrange a duly qualified person (DQP) for verification of death (VOD). - Contact a doctor for a Certificate of Death. - If no certificate is provided, report the death to the coroner. - Do not move the body until the coroner is notified.
59
Who is qualified to verify death? (6)
- Registered medical practitioner - Nurse - Midwife - Paramedic - Intensive Care Paramedic - Emergency Medical Technician
60
Q: What is the identification hierarchy for a sudden death?
- Visual Identification - Fingerprints. - Odontology - Comparison Identification
61
Who is considered part of the "immediate family" under the Victim Rights Act? (7)
- Spouses - Partners - Children - Siblings - Parents - Grandparents - Anyone in a close relationship with the victim at the time of the offence
62
How should victims be treated?
With courtesy, compassion, and respect for their dignity and privacy.
63
What services should victims have access to? (5)
- Welfare - Health - Counselling - Medical - Legal
64
What are the key tips for Police to note when taking a VIS? (3)
- No police jargon - Mandatory by the 2nd appearance - Updates must be added to the original