Focused revision

Question 1

S.41 Crimes Act. who is justified using force to prevent suicide

Answer 1

Anyone can use reasonable force

Question 2

What is the Sec 8 general Exclusion Evidence Act test?

Answer 2

The sec 8 test involves balancing the probative value of evidence against the unfairly prejudicial effect on the proceeding or needlessly prolong the proceeding.

Evidence will be admitted if its probative value outweighs the risks

Question 3

What does Section 87 EMA 2002 permit re: Entry on

premises if a state of emergency is in force in any area, (save at least 7)

Answer 3

A controller or a constable, or any person acting under their authority , may enter on, and if necessary break into, any premises or place within the area or district in respect of which the state of emergency is in force if he or she
believes on reasonable grounds that the action is necessary for—

(a) saving life, preventing injury, or rescuing and removing injured or endangered persons; or
(b) permitting or facilitating the carrying out of any urgent measure for the relief of suffering or distress

Question 4

What is a statement?

Answer 4

A spoken or written assertion or non verbal conduct intended by that person as an assertion of any matter. (a head nod is sufficient for admission of guilt as a statement).

Question 5

S,7 Evidence Act - Fundamental principle

Answer 5

Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding

Question 6

If Improperly obtained evidence is suspected the judge must:

Answer 6

Find, on the balance of probabilities, whether or not the evidence was improperly obtained

if improperly obtained must decide if the evidential value outweighs the method

Question 7

Methods of improper obtain evidence include:

Answer 7

Breaches of human rights act

the importance of any right breached by the impropriety and the seriousness of the intrusion on it:
(b)
the nature of the impropriety, in particular, whether it was deliberate, reckless, or done in bad faith:
(c)
the nature and quality of the improperly obtained evidence:
(d)
the seriousness of the offence with which the defendant is charged:
(e)
whether there were any other investigatory techniques not involving any breach of the rights that were known to be available but were not used:
(f)
whether there are alternative remedies to exclusion of the evidence that can adequately provide redress to the defendant:
(g)
whether the impropriety was necessary to avoid apprehended physical danger to the Police or others:
(h)
whether there was any urgency in obtaining the improperly obtained evidence

Question 8

What does Sec86 of the EMA permit premises (blocked with sticks)

Answer 8

A Controller or any constable, or a person authorised by him or her may [direct], within the area or district in which the emergency is in force,—
(a) the evacuation of any premises or place, including any public place; or

(b) the exclusion of persons or vehicles from any premises or place, including any public place

Question 9

What does Section 88 EMA 2002 permit re: closing roads and public places If a state of emergency is in force? (Not you mate)

Answer 9

A Controller or a constable, or any person acting under them, may, totally or partially prohibit or restrict public access, with or without vehicles, to any road or public place within the area or district in respect of which the state of emergency is in force.

Question 10

What does section 89 of the Civil Defense Emergency Management Act 2002 allow a constable to do? (Legal crime)

Answer 10

With allows a controller or constable in order to prevent or limit the extent of the emergency remove from any place in the area or district in respect to where the state of emergency is in force,
Any aircraft, hovercraft, ship or ferry, other vessel, train or vehicle impeding civil defense emergency management and use force to break into that aircraft, hovercraft, ferry or vehicle

Question 11

What does section 90 of the Civil Defense Emergency Management Act 2002 allow a constable to do? (Don’t cry g)

Answer 11

Answer:
It allows the controller or constable to direct the owner or person for the time being in control of any land, building, vehicle, animal, boat, apparatus, implement, is moving equipment, furniture, food etc to immediately place the property in his or her control and direction

Question 12

What does section 92 of the Civil Defense Emergency Management Act 2002 allow a constable to do? (Look at a few) x7

Answer 12

Answer:
Allows a control or constable to examine, mark, seize, sample, secure, disinfect, or destroy any property, animal or any other thing in order to prevent or limit the extent of the emergency.

Question 13

S. 93 EMA - allows a constable to (show ID)

Answer 13

requires the person exercising the power to have evidence of ID and produce evidence or give a general explanation that they have authority under which they are acting and or powers which they are exercising

Question 14

While a state of emergency isnin force, section 91 of the Civil Defense Emergency Management Act 2002 allows you power to give directions.
What may you do?
(3) (must be done)

Answer 14

Direct to stop
Direct to take action
Directo to have building assessed

Power to give directions

1) While a state of emergency is in force a controller, constable or authorized person may-
a) direct any person to stop any activity that may cause or substantially contribute to an emergency
b) request any person, verbally or written, to take any action to prevent or limit the extent of the emergency

2)While a state of emergency is in force a controller, constable or person authorized may direct-
the owner/s of a structure/s to obtain an assessment of the effect of the emergency

3) A person may not give direction under subsection (2) unless the person had regard to whether the structure my in the circumstances pose a risk of injury, safety of life or property

4) A direction under subsection (2) must-
a) state the purpose for and specify the assessment required
b) specify a reasonable time within which the assessment must be concluded
c) require the owner to give a copy of the assessment to the person who gave the direction

5) An owner who is given a direction under subsection (2) must-
a) obtain the assessment
b) give a copy of the assessment to a person who gave that direction

6)The owner may appeal to the district Court on grounds that the direction is unreasonable

7) section 77(2) &(3) applies in relation to an appeal
8) Any relief that may be granted under subsection (6) is limited yo the reasonable costs associated with obtaining the assessment

Question 15

What offense is specified in section 95 of the Civil Defense Emergency Management Act 2002 (not with jive)

Answer 15

Failure to comply with a requirement in civil defense emergency management plan

Question 16

How soon after being arrested for a breach of protection order may an offender be released on police bail?

Answer 16

No earlier than 24 hours after the arrest unless they appear in court during that time and court bail is imposed

Question 17

Family harm: Presumption of Court Bail

Answer 17

In most cases, there is a presumption that a defendant IS to be bailed.

Question 18

What are the overall principles regarding fleeing drivers?

Answer 18

Answer:
- SAFETY of the public, vehicle occupants and police staff takes precedence

• A DRIVER failing to stop or remain stopped does not in itself a sufficient reason to commence a pursuit
• The DECISION to not pursue or to abandon a pursuit will be supported
• Staff may be criminally LIABLE if their manner of driving contravenes legislation
• A pursuit is only JUSTIFIED when the threat posed by the vehicle, occupant and the necessity to apprehend the driver outweighs the risk of harm created by the pursuit.

S.aD. D. L. J

Question 19

Pursuit abandoned but vehicle located again driving. You must advise:

Answer 19

-that the vehicle has been located
• location
• direction of travel
• a summary of the threat, exposure and necessity to pursue based on 
their TENR risk assessment

Shift commander Comms will decide if you can pursue

Question 20

What are some examples of ‘Flexible Working’ As per the FEO policies

Answer 20

1. Working from home/alternative work space.
2. Flexi Time (setting hours differently week to week)
3. Part Time (Working less than full hours)
4. Condensed Hours (working more hours in less days)

Question 21

How long do you have to consider and respond to all requests for FEO?

Answer 21

1 month of receiving them as per the Employment Relations Act

Question 22

What is a near miss?

Answer 22

e.g. minor car crashes where no injury occurred

A near miss is an unplanned or unexpected event that occurs as a result of
Police work activities and, under slightly different circumstances, could
have resulted in harm to a person but did not. A near miss includes “loss
only” incidents where damage was caused to Police property but no
people were harmed. A
near-miss is an opportunity to prevent a future injury before someone is
hurt

Question 23

What is NOT
unacceptable
behaviour?

Answer 23

• Differences of opinion.
• Legitimate leadership action to improve performance and insistence
on high standards of performance, cooperative team working,
punctuality and attendance.
• An isolated incident of abruptness

Question 24

What is
unacceptable
behaviour?

Answer 24

bullying, cyberbullying, discrimination,
harassment, sexual harassment, racial harassment, indecent assault,
sexual violation

Question 25

Sec 114 - officer requirements

Answer 25

The officer must be in uniform, or wearing a distinctive cap, hat or helmet, with a badge of authority affixed to it or be using flashing blue or blue and red flashing lights and sound a siren when stopping a vehicle.

Question 26

Under section 114 of the Land Transport Act you may stop a vehicle and require details of the driver or owner if the vehicle is not the driver's. How long may you keep them stopped for? What details may you require? What can you do if you SUSPECT they fail/refuse or give false details?

Answer 26

Up to 15 minutes Full name, DOB, Address, occupation, phone number State whether they are the owner of the vehicle and if not give above details of the owner Arrest without warrant

Question 27

R v Roulston [1998] 2 NZLR 468 – internal search

Answer 27

Strip seeach - placed drugs in mouth. Held nostrils to force out. Lawful as no mouth search - fear he would choke

Question 28

Define: mental disorder

Answer 28

in relation to any person, means an abnormal state of mind (whether of a continuous or an intermittent nature), characterised by delusions, or by disorders of mood or perception or volition or cognition, of such a degree that it – (a) Poses a serious danger to the health or safety of that person or of others; or (b) Seriously diminishes the capacity of that person to take care of himself or herself;

Question 29

CYP is on bail breaches-

Answer 29

the child or young person has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition)

Question 30

Our business; our Priorities: (x3)

Answer 30

The three priorities held in Our Priorities are, - Be first then do, - Delivering the service New Zealand is expects and deserves, - Focused prevention through partnerships

Question 31

Where can you take identifying particulars for a summons:

Answer 31

Any place (including for fingerprints and photo)

Question 32

Medical certificate must

Answer 32

be submitted before the end date of an employee’s previous medical certificate and must state how long taken off work Must have REVIEW date

Question 33

Sec 18 - People in possession of arms

Answer 33

If you have reasonable grounds to suspect a person is carrying arms or is in possession of them, and - they are in breach of the Arms Act 1983 or - by reason of their physical or mental condition, are incapable of having proper control or may kill or cause bodily injury to any person - under the Domestic Violence Act they have a PO or a PSO is in place you may - search the person or anything in their possession or under their control (including a vehicle) and seize any arms found - you can enter a place or vehicle to search and seize any arms found Unless impracticable obtain approval from a Sgt.

Question 34

What is the standard of proof that must be reached for voice identification evidence

Answer 34

The burden of proof imposed on the prosecution under s 46 is proof of reliability on the balance of probabilities. "probably reliable"

Question 35

When a witness needs to refresh their memory from a statement they have made, what must be required:

Answer 35

• The leave of the judge must be obtained • The document must be shown to every other party in the proceeding • The document must have been “made or adopted” by a witness “at a time when his or her memory was fresh

Question 36

Rongonui v R fresh memory for statment

Answer 36

Court held that statement 6 weeks after is still fresh

Question 37

Communication assistance for defendant/ witness in court

Answer 37

May include assistance such as provision of an interpreter, and any other mechanism or technological aid that can help witnesses and defendants to give or understand evidence

Question 38

Purpose of a Victim Impact Statement: (x3) EVAC II

Answer 38

(a) enable the victim to provide information to the court about the effects of offending; and (b) assist the court in understanding the victim’s views about the offending; and (c) inform the offender about the impact of offending, from the victim’s perspective.

Question 39

Offence weapon public

Answer 39

Without lawful Or reasonable excuse has knife / offensive weapon / disable substance

Question 40

Offence weapon private - 202,4B

Answer 40

Prima facie to commit offence or threat

Question 41

General VS Reid

Answer 41

Arrest for obstruction not breach of peace if they haven’t breached peace yet

Question 42

You have been unable to reach a employment resolution for your constable, who has the final say?

Answer 42

District Commander or National Manager

Question 43

Define 'control' in regards to command and control

Answer 43

Sets priorities and objectives. Responsibility for coordinating response ‘Control’ refers to the responsibility for coordinating and directing the response to an incident. Control sets PRIORITIES and OBJECTIVES, and determines how best to implement them. Control includes the authority to assign tasks to another agency and to coordinate that agency’s wider actions so that it integrates with the wider response.

Question 44

Define 'Command' in regards to command and control

Answer 44

Command is ... the AUTHORITY and ACCOUNTIBILTY or effectively using available resources and for planning, organising, directing, coordinating and controlling Police resources to achieve the accomplishment of assigned tasks. Command also includes RESPONSABILITIES for the welfare, morale and discipline of assigned staff” (PEM/11/53).

Question 45

S. 39 Crimes Act; who can use lethal force to effect an arrest?

Answer 45

Constables only S48 for non constables

Question 46

section 16 of the Evidence Act ( compelable?)

Answer 46

Can be not eligible but still compelable operates to make a person unavailable as a witness if he or she is “unfit to be a witness because of age or physical or mental condition”. However, such people may still be compellable.

Question 47

An associated defendant is not compellable to give evidence for or against a defendant in a criminal proceeding unless—

Answer 47

(a) the associated defendant is being tried separately from the defendant; or (b) the proceeding against the associated defendant has been determined.

Question 48

In this section, associated defendant, in relation to a defendant in a criminal proceeding, means a person against whom a prosecution has been instituted for—

Answer 48

(a) an offence that arose in relation to the same events as did the offence for which the defendant is being prosecuted; (b) an offence that relates to, or is connected with, the offence for which the defendant is being prosecuted.

Question 49

Evidence Act: | Section 73 therefore sets out a basic rule of non-compellability.

Answer 49

A defendant facing a criminal trial is an eligible but not a compellable witness for either “the prosecution or the defence in that proceeding” (s73(1) – so a defendant can give evidence but does not have to).

Question 50

208 O/T

Answer 50

Section 208 of the CYPF Act requires that criminal proceedings should not be initiated unless there are no other means of dealing with a matter and any proceedings taken must take the least restrictive form appropriate to the circumstances.

Question 51

S R v K (17 July 2002) (Schnitzel Von Krumm as support person?)

Answer 51

K, a child suspected of homicide was asked to come to station for questioning. K not was not arrested and not obliged to accompany. support person deemed unfit. Police failed to ask K who he would choose as next support person - police can only nominate an option when CYP refuses to do so.

Question 52

s.222 O/T (ARE YOU 22?)

Answer 52

(a) if permitted to consult with the child or young person pursuant to section 221(2)(b), would attempt, or would be likely to attempt, to PERVERT the course of justice; OR (b) cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances,—

Question 53

Section 8 Evidence act: evidence will be excluded if it

Answer 53

(a) have an unfairly prejudicial effect on the proceeding; or (b) needlessly prolong the proceeding.

Question 54

Arrest 5F offender if there is

Answer 54

* there is sufficient evidence of an offence to arrest, and * the tests for prosecution in the Solicitor-General's Prosecution Guidelines would be met (See Prosecution in the ‘Prosecution or case disposition’ section of this chapter for more information).

Question 55

5F deciding to PSO or other action instead of arrest you must"

Answer 55

Consult your supervisor before proceeding. It is advisable to also consult with the Family Violence Coordinator/Family Harm Specialist who may have relevant information known through multi-agency tables.

Question 56

Decisions regarding Police interventions of Firearms will take into account the offender's

Answer 56

Attitude towards Compliance

Question 57

Factors for consideration for Firearm intervention

Answer 57

Extent of harm or risk or risk of harm Conduct (behaviour, intent capability) Public Interest Attitude to Compliance PACE

Question 58

113 LTA to move a vehicle/forbid driver etc, officer must

Answer 58

Must: In uniform, or produce evidence of Authority, or have warrant (114 - To stop a vehicle: Constable must have hat/uniform or red/blue AND sirens)

Question 59

113 LTA Officer can:

Answer 59

``` Direct Person (details provide) Inspect ,test and examine a vehicle Move obstruction Direct person to move vehicle Forbid unlicensed driver Forbid HMV no license ```

Question 60

BOR - Section 21 (don't look up my bum)

Answer 60

Free from unreasonable search or seizure of person, property or correspondence

Question 61

BOR - Section 22 - (don't subdue)

Answer 61

Free from arbitrary arrest

Question 62

BOR Section 23 (is this about me?)

Answer 62

Rights when detained, questioned or arrested

Question 63

BOR Section 24 - (underscore)

Answer 63

Everyone who is charged with an offence— (a) shall be informed promptly and in detail of the nature and cause of the charge; and (b) shall be released on reasonable terms and conditions unless there is just cause for continued detention; and (c) shall have the right to consult and instruct a lawyer; and (d) shall have the right to adequate time and facilities to prepare a defence; and (e) shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and (f) shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and (g) shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.

Question 64

BOR - When are searches unreasonable (x3)

Answer 64

Without authority or with excess Unreasonable manner In bad faith

Question 65

BOR - section 25 - Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:

Answer 65

(a) The right to a fair and public hearing by an independent and impartial court: (b) The right to be tried without undue delay: (c) The right to be presumed innocent until proved guilty according to law: (d) The right not to be compelled to be a witness or to confess guilt: (e) The right to be present at the trial and to present a defence: (f) The right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution: (g) The right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty: (h) The right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both: (i) The right, in the case of a child, to be dealt with in a manner that takes account of the child’s age.

Question 66

Every Police employee must obey and be guided by—

Answer 66

Every Police employee must obey the lawful commands of a supervisor.

Question 67

You may detain 1K person for how long

Answer 67

12 hour

Question 68

Prevention First: evidence-based deployment review is about MME!

Answer 68

measure, monitor and evaluate the quality of our deployment to ensure we deliver

Question 69

At Police there are four key risk categories.

Answer 69

* Operational * Corporate * Portfolio * Strategic

Question 70

X and Y axis of Risk matrix are:

Answer 70

Likelihood and Consequence

Question 71

s. 125 S/S a search must be done with:

Answer 71

Decency and Sensitivity that affords the detained person Privacy and Dignity

Question 72

S. 118 s/s

Answer 72

Search to determine/ exclude rx to object of search

Question 73

S. 8 S/S - Entry without warrant to avoid loss of offender or evidential material

Answer 73

In the circumstances set out in subsection (2), a constable may— (a) enter a place or vehicle without a warrant; and (b) search for and arrest a person that the constable suspects has committed the offence. (2) The circumstances are that the constable has reasonable grounds— (a) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and (b) to believe that the person is there; and (c) to believe that, if entry is not effected immediately, either or both of the following may occur: (i) the person will leave there to avoid arrest: (ii) evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.

Question 74

Communication assistance limits for court

Answer 74

Witnesses only allowed assistance to give evidence - not to hear whole trial. The defendant needs to understand what is being said in order to be able to participate in his or her own defence; other witnesses do not have the same claim.

Question 75

Refreshment of memory OUT of court

Answer 75

The documents which the witness uses to refresh his or her memory may have been made by either the witness or by someone else; the requirement is simply that the document relates to matters which are within the witness’s own knowledge

Question 76

Urgent Duty driving principals

Answer 76

- SAFETY of the public, vehicle occupants and police staff takes precedence - A DRIVER failing to stop or remain stopped does not in itself a sufficient reason to commence a pursuit - The DECISION to not pursue or to abandon a pursuit will be supported - Staff may be criminally LIABLE if their manner of driving contravenes legislation - A pursuit is only JUSTIFIED when the threat posed by the vehicle, occupant and the necessity to apprehend the driver outweighs the risk of harm created by the pursuit. S.aD. D. L. J

Question 77

Urgent Duty driving - are you protected from criminal liabitly if you are urgent duty driving without lights / sirens?

Answer 77

No. unless tactical approach is justified

Question 78

Any person who deals with a victim should treat them with (x2) and respect (x2)

Answer 78

should— (a) treat the victim with courtesy and compassion; and (b) respect the victim’s dignity and privacy.

Question 79

What is a 'Tactical Approach' for urgent duty driving?

Answer 79

Not using Lights/Sirens or where it may aggravate the situation. For example: • approaching a scene of a serious crime in progress • attending a report of a suicidal person, or • obtaining evidence of a speeding offence, where the offender’s driving is not dangerous and the risk of not using the warning devices is judged as low.

Question 80

What are the 7 Principles in Section 208 of the Oranga Tamariki Act ? SALSA VC

Answer 80

3) All measures when dealing with a CYP should be designed to STRENGTHEN the family or Whanau of the CYP and to help them develop their own means of dealing with the CYP'S offending 1) Unless in the public interest, criminal proceedings should not occur if there is an ALTERNATIVE means of dealing with the matter 6) all sanctions imposed should take the LEAST restrictive form that is appropriate in the circumstances 5) age is a mitigating factor when determining whether to impose SANCTIONS and the nature of the sanctions 2) Criminal proceedings should not occur solely in order to provide any assistance or services to ADVANCE the welfare of the CYP, their family or Whanau 7) VICTIMS views should be considered. 4) CYP should be kept in the COMMUNITY where practicable and safe for the public to do so

Question 81

Sec 266 - When can police close a licensed premise. What are the 5 drivers?

Answer 81

``` Fighting or serious disorder Offences committed - penalty 5 yrs+ Riot Threat to public safety Public nuisance ``` FTO RP

Question 82

What are the 3 Pou (pillars) of Te Huringa o Te Tai (enhances changing the tide)?

Answer 82

Answer: – Our people and their mindset – Effective initiatives and improved practice – Effective partnerships PEOPLE - PRACTICE - PARTNERSHIPS

Question 83

How can we be sure our conduct complies with the code of conduct? (SELF TEST)

Answer 83

Would your decision withstand SCRUTINY? Community, Police Service, Media. Does my decision ENSURE compliance? Code of Conduct, Policy, General Instructions. Is my decision LAWFUL? Laws, Regulations, Rules. Is your decision FAIR? Community, Colleagues, Your family, Others.

Question 84

What are the three core components of our Prevention First model

Answer 84

Answer: - Deploy to beat demand - Target the drivers of demand - Mindset: taking every opportunity to prevent harm

Question 85

Under our business model, What is Our Purpose?

Answer 85

Be safe, feel safe

Question 86

What are some of the common options for flexible working?

Answer 86

Working from home or an alternative location Flexi time Part time Condensed hours

Question 87

Prevention First is designed to support and enhance the delivery of our key outcomes: what are they

Answer 87

* prevent crime and victimization * target and catch offenders * deliver a more responsive Police service

Question 88

What is New Zealand polices mission?

Answer 88

Answer: | To prevent crime and harm through exceptional policing

Question 89

What is AEP?

Answer 89

ACC internal to Nzp

Question 90

What are the five frameworks of the PHPF model?

Answer 90

``` Answer: F1 – Strategy F2 – Culture F3 – Leadership F4 – Capability F5 – Performance management ```

Question 91

What are the two documents at Our Business sits along side? Under the Our Prioities, what are their directions?

Answer 91

Answer: Our Priorities and Our Plan Answer: The three priorities held in Our Priorities are, - Be first then do, - Delivering the service New Zealand is expects and deserves, - Focused prevention through partnerships

Question 92

What are the 4 conditions under section 131(2) allow justification of entry, by force if necessary, to be unannounced?

Answer 92

Answer: – Saving a person on the premises from death or injury (S14) - Situations were giving a warning might endanger the police involved - Preventing the destruction of evidence (CADD) - Entering in the course of hot pursuit of an offender (S120)

Question 93

What kind of examples are included where samples may be seized from external body of a detained or arrested person?

Answer 93

Answer: - A swab of the victims blood from the arrested persons neck - Fingernail scrapings for victims DNA from the fingers of the arrested rape offender - A swab of a person skin for gun shot residue – Penile swabs

Question 94

Relation to Phillips v R what was found in relation to Questioning of offender?

Answer 94

Answer: The officer recorded the original statement in his note book but did not record any subsequent retraction or alternative story that the offender later gave him. This is a breach of Rule 5 of the Chief Justice Practice Notes of Police Questioning. Admissible but unfair

Question 95

In Robertson v R what was the result of the officer recording what the offender had blurted out in a partial admission to a sexual assault?

Answer 95

Admissible but broke rules ; The court found that the officer had breached Rule 5 and Rule 2 by not having the offender view and sign his notebook (5) and the offender was not re-cautioned prior to being spoken to about the allegations (2). It had been 2.5 hours since his last caution.

Question 96

What 4 steps do you take following a direction (or decision) to abandon a pursuit? Hint: A. I. D. C

Answer 96

- ACKNOWLEDGE any direction to abandon the pursuit - IMMEDIATELY reduce speed to increase distance - DEACTIVATE lights and sirens ONLY once below speed limit - STOP when safe to do so and advise comms of location and that you are stationary - COMMENCE inquiry phase A. I. D. C

Question 97

What was held in TAPARA v Police? Sec 114 Wanting to speak with passenger

Answer 97

Vehicle stopped to talk to passanger, not a lawful LTA reason

Question 98

What was held in R V Thomas? Situation: constables became suspicious of vehicle because the vehicle r/o was a known drug user. Vehicle stop led to discovery of 70gm cannabis and utensils.

Answer 98

Vehicle stop unlawful as not stopped for LTA reasons

Question 99

Page vs police s.119 LTA

Answer 99

officer failed to give his ID and so EBA on private driveway dropped

Question 100

Sec 73 - Compellability of co-defendants. Can they be witness for their co-defendant?

Answer 100

No 1) A defendant in a criminal proceeding is not a compellable witness for the prosecution or defence in that proceeding. 2) An associated defendant is not compellable to give evidence for or against a defendant in a criminal proceeding unless - a) The defendant is being tried separately or b) The proceeding against the associated defendant has been determined A proceeding has been determined if: - The charge is withdrawn or dismissed - The defendant was acquitted - The defendant either pleaded guilty or was found guilty and had been sentenced or otherwise dealt with

Question 101

Under section 18 of the Evidence Act 2006 What is the general admissibility of hearsay?

Answer 101

Answer: Hearsay statement is admissible in any proceeding if- The circumstances relating to the statement provide reasonable reassurance that the statement as reliable and either – - the maker of the statement is unavailable as a witness or - the judge considers the undue expense or delay would be caused if the maker of the statement were required to be a witness

Question 102

At any time after a person has been charged with an offense, if they request information about an identification witness, what must the prosecutor supply?

Answer 102

Answer: - The name of the witness and (if permitted under section 17, the address) of each identification witness whether or not the prosecutor intends to call them; - A statement of any description of the offender given by each witness to the prosecutor or police, and - A copy of any identikit picture or a drawing

Question 103

Define circumstantial evidence:

Answer 103

Evidence of circumstances that do not directly prove any fact in issue, but which allow inferences about the existence of those facts to be drawn (e.g. the defendant was seen in the vicinity of the scene of the crime).

Question 104

Define direct evidence:

Answer 104

Any evidence by a witness as to a fact in issue which he or she has seen, heard or otherwise experienced (e.g. an eyewitness who states that she saw the defendant stab the complainant with a knife gives direct evidence).

Question 105

How long should initial disclosure occur after the | commencement of proceedings

Answer 105

Answer: | Generally not later than 15 working days

Question 106

Define: Perjury

Answer 106

the offence of wilfully telling an untruth or making a misrepresentation under oath.

Question 107

What are the circumstances relating to a hearsay statement that provide reasonable assurance that the statement is reliable?

Answer 107

Answer: The NATURE and CONTENT of the statement and The CIRCUMSTANCES that relate to the making of the statement including: the VERACITY of the person and the ACCURACY of the observation of the person N.C.C.V.A.

Question 108

A witness who fails to appear is:

Answer 108

UNFAVOURABLE

Question 109

Name 8 grounds under Sec 103 as to reasons why evidence can be given in an alternative way.

Answer 109

Answer: - FEAR of intimidation - The AGE or maturity of the witness - TRAUMA suffered - ABSENCE or likely absence of the witness from NZ - LINGUISTIC or cultural background or religious beliefs - The physical, intellectual, psychological or psychiatric IMPAIRMENT of the witness - Nature of the EVIDENCE the witness will give - NATURE of the proceeding F. A. T. A. L. I. E. N

Question 110

Associated vs codefendant

Answer 110

associated e.g revives stolen goods | Codefendant e.g ag robbery

Question 111

Besides the provisions of section 15-18 of the Evidence Act 2006, generally speaking, under what two circumstances can information be withheld following a request by the defence?

Answer 111

Those requests which appear frivolous or vexatious. Requests must be for particular information, not a general request.

Question 112

The terms "control" & "command" consist of what 3 elements?

Answer 112

Leadership Decision making Control

Question 113

The Police response to any given situation should be, what ?

Answer 113

Considered, Appropriate and Timely, it must consider the impact on Police and our partners. This applies to all Police whether a constable or not. C. A. T

Question 114

What are the differences in implications for firearms licences between PSO and protection orders?

Answer 114

For PSOs the licence is suspended and for protection orders they are revoked

Question 115

What was held in JOHNSON v Police? Situation: two police officers not in uniform STOP vehicle for roadworthiness check and subsequently arrest driver for theft.

Answer 115

Answer: The court held that the offices if I had to use red and blue lights or sirens when stopping the vehicle. They also we’re not wearing uniform or a badge of authority. Therefore the stop was not deemed lawful and the subsequent arrest and search of this person was challenged. CIB and other non-uniform members should take particular note of procedural requirements relating to identification contained in section 114

Question 116

What was held in Police vs PAGE? | Situation - EBA on private driveway

Answer 116

Court found that can use s.119 in fresh pursuit to stop vehicle on private property and breath test. However this power has an INESCAPABLE duty for the officer to identify themselves along with what power they are using. Officer failed to this and charge dropped.

Question 117

What was held in R V Thomas? Situation: constables became suspicious of vehicle because the vehicle r/o was a known drug user. Vehicle stop led to discovery of 70gm cannabis and utensils.

Answer 117

Answer: Court on appeal held the vehicle was not stopped under any conditions breaching the Land Transport Act that the vehicle once stopped made it an unlawful stop any subsequent discovery of drugs inadmissible.

Question 118

What was held in Police v DUFF? Situation call long driver stopped due to driving an excess of 100 km/h. Officer told the driver to remain stopped for the purposes of a driver check. The driver fell to remain stopped And once called was subsequently charged.

Answer 118

Answer: The court found held that the officer was entitled to check the particulars of the driver and or vehicle and was in within the conditions of s113(2) of the Land Transport Act 1998 to ask the driver to remain stopped. Yes

Question 119

What are the four risk categories within Police

Answer 119

* Corporate * Operational * Portfolio * Strategic COPS

Question 120

There are five steps within the risk management process. What are they? Hint: C. I .A. E. TA

Answer 120

``` Answer: Step 1 – establish CONTEXT, be it internal context or external context Step 2 - IDENTIFY risk Step 3 - ANALYSE risk Step 4 - EVALUATE Step 5 - Take ACTION ``` C. I. A. E. TA

Question 121

What age does a person have to be to take an oath or affirmation before giving evidence?

Answer 121

12 years or older. Witnesses who are under the age of 12 must be informed of the importance of telling the truth and promise to tell the truth.

Question 122

What is the The Appreciation Format used by New Zealand Police

Answer 122

* Aim * Factors * Courses of action * Outline Plan. “AFCO”.

Question 123

When a police member has attended a critical incident what time frame must the first appointment with a psychologist be made and what time frame should the second appointment occur within?

Answer 123

Answer: The first appointment with a psychologist will not occur earlier than 72 hours following a critical incident. The second appointment should occur within 10 days post incident

Question 124

When a person is notified that their CYP is arrested/detained for questioning, what are they entitled to do, must be explained to and cannot do? (x3)

Answer 124

Entitled - to visit the CYP Explain - they CYP's rights Cannot - consult privately with the CYP

Question 125

Risk is defined as:

Answer 125

The ‘effect of uncertainty on objectives'

Question 126

Define: Risk, Threat, Hazard

Answer 126

``` Risk = the ‘effect of uncertainty on objectives' Threat = human factor (PRNs / onlookers / media) Hazard = enviromental factor (Sun burn/ earthquake/ bad lighting) ```

Question 127

Purpose of victim impact statements: | EVAC II

Answer 127

(a) enable the victim to provide information to the court about the effects of the offending; and (b) assist the court in understanding the victim’s views about the offending; and (c) inform the offender about the impact of the offending from the victim’s perspective EVAC II

Question 128

How does Victim Notification Register. work?

Answer 128

Once s.29 applies OC must give VNR form to victim and explain It is on the victim to submit/ arrange submission of form

Question 129

What is the fundamental condition for the admissibility of evidence

Answer 129

that it must be Relevant

Question 130

What two things must you get permission for from the Pursuit Controller following an abandoned pursuit:

Answer 130

Permission must be obtained from the pursuit controller before: • signalling the driver to stop, and if permission is obtained, • commencing a pursuit in the event the driver fails to stop or remain stopped.

Question 131

Bill of rights s.24,g - rights to someone doesnt speak english

Answer 131

shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court