Flashcards in Module 2 - Firearms, TASER, Sudden Death, Policing Act 2008, Victims Rights Act 2002 (Feb 2015) Deck (68)
What is Section 40, Arms Act 1983?
On demand by Police person in possession of firearm, airgun, pistol, or restricted weapon to give name, address, and date of birth
(1) Every person in possession of any firearm, airgun, pistol, or restricted weapon shall, on demand, give his full name, address, and date of birth to any member of the Police who is in uniform or who produces evidence that he is a member of the Police.
(2) If any person refuses to give his name, address, or date of birth or gives false particulars thereof, any member of the Police –
(a) May caution that person; and
(b) If that person persists in such refusal or fails or continues to fail to give the correct particulars, – may arrest him without warrant.
(3) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 or
to both who, in response to a demand under subsection (1) of this section, refuses to give his name, address, or date of birth or gives false particulars thereof to any member of the Police
What is Section 66, Arms Act 1983?
Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein
For the purposes of this Act every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive is found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive, unless he proves that it was not his property and that it was in the possession of some other person.
In the New Zealand Police, who can carry firearms?
Only employees who are constables (as defined by section 4 Policing Act 2008) and employees specifically authorised to do so by the Commissioner (e.g. firearms instructors) are permitted to possess or carry Police issued firearms.
Constables who carry firearms operationally must hold a current:
· New Zealand Police first aid certification
· SSTT certification for the firearm deployed.
When can firearms be carried by New Zealand Police?
An employee may carry firearms:
· when their perceived cumulative qssessment of a situation is that it is in, or likely to escalate to be within, the death/grievous bodily harm range as specified by the tactical options framework
· when on duty as a member of:
- the Armed Offenders Squad or Special Tactics Group
- a dedicated full time or rostered District Crime Squad
- the Diplomatic Protection Squad if authorised by the supervisor of that squad
· when performing:
- airport duties at any airport that is “security designated” under the Civil Aviation Act 1990
- the role of escorts and guards for people carrying valuables as authorised by a district commander
· to destroy animals in circumstances set out in the Stock at large Police Manual chapter
· pursuant to an operational instruction authorised by a Police Inspector or above
· for training purposes.
Note: Carriage by non- constabulary employees is limited to the specific purpose(s) authorised by the Commissioner.
What are an individuals responsibilities when they are carrying firearms?
Employees who carry firearms because their assessment of a situation is that it is in, or likely to escalate to be within, the death/grievous bodily harm range as specified by the tactical options framework must:
· advise their immediate supervisor and the Police Communications Centre of their decision to deploy with firearms, unless this is impractical in the particular situation. In these cases, advise the appropriate person at the first reasonable opportunity.
· take a TASER with them, if one is available.
When a firearm is:
· drawn/issued from a police station, the Firearms register (POL 369) must be completed at the time of issue and/ or return
· accessed from and returned to vehicle security cabinets, follow the procedures in Firearm security seals and registers in the “Firearms registers” section of this chapter
What is the New Zealand Police protocol in regards to ballistic body armour?
Employees must wear approved ballistic body armour when deploying to an incident where they believe firearms are present or could be present.
Ballistic body armour must be kept in patrol vehicles carrying Police firearms and stored where firearms are kept for issue at stations.
What is the New Zealand Police protocol on the display of glocks?
Glocks must be carried in an authorised Police issue holster. Empty holsters must not be worn as a matter of course.
What is F061?
Police employees must always be aware of their personal responsibilities when using firearms.
Under section 62 of the Crimes Act 1961 an employee is criminally liable for any excess force used. An overriding requirement in law is that minimum force must be applied to effect the purpose.
Where practical, Police should not use a firearm unless it can be done without endangering other persons.
When can firearms be used?
Police must only use a firearm for these purposes.
- Defending themselves or others if to defend themselves or others if:
· they fear death or grievous bodily harm to themselves or others, and
· cannot reasonably protect themselves or others in a less violent manner. (section 48 Crimes Act 1961).
- Arresting an offender to arrest an offender if they:
· believe on reasonable grounds that the offender poses a threat of death or grievous bodily harm in resisting their arrest, and
· the arrest cannot be reasonably effected in a less violent manner, and
· the arrest cannot be delayed without danger to other people. (section 39 Crimes Act 1961).
- To prevent an offender escaping if:
· Police believe on reasonable grounds that the offender poses a threat of death or grievous bodily harm to any person (whether an identifiable individual or members of the public at large), and
· the offender flees to avoid arrest or escapes after arrest, and
· the flight or escape cannot reasonably be prevented in a less violent manner. (section 40 Crimes Act 1961).
- To destroy animals in circumstances set out in the Stock at Large chapter of the Police Manual.
An offender must not be shot until all these conditions have been satisfied:
they have first been asked to surrender (unless it is impractical and unsafe to ask them)
· it is clear they cannot be disarmed or arrested without first being shot
· further delay in apprehending the offender would be dangerous or impractical.
What are fire orders?
Fire orders are operationally specific instructions on the circumstances in which Police employees may use firearms. (These circumstances are detailed in General Instruction Use of firearms (F061)).
What are individual employees personal
responsibilities for knowing when firearms may be used?
Every Police employee issued with a firearm is personally responsible for ensuring they are thoroughly conversant with relevant law, particularly sections 39, 40, 41, 48 and 62 of the Crimes Act 1961, General Instruction F061, and all relevant instructions and guidelines contained in this Police Manual chapter.
When are fire orders given?
When firearms are issued before the start of special operations, and time and circumstances permit, fire orders are to be given by operation or unit commanders as
part of the operation briefing. In all other operational situations where firearms are issued, if time and circumstances permit, supervisors must draw attention to the fire orders printed on the inside cover of the Police issue notebooks and copies of fire orders stored with Police firearms in firearm safes and in vehicle firearm security cabinets.
(These pocket sized cards may be taken and carried by employees if they consider it necessary).
Every time employees receive formal firearms training they must be asked by the instructor to demonstrate their thorough knowledge and understanding of the circumstances in which firearms may be used (General Instruction F061). On all occasions that Police are planning or conducting training or exercises involving the use of firearms, they must refer to and comply with the procedures detailed in the Firearms Instructors Manual ‘Range Management and ‘Firearms Safety’ chapters.
What decisions are considered when deciding to fire at an offender?
The circumstances justifying Police firing at an offender can change very rapidly. Any employee who fires a shot must make the decision to fire and must be personally satisfied there is justification for doing so.
When deciding to fire at an offender, the employee:
· takes their own observations into account
· may also consider information supplied by other people.
Any force used must be the minimum necessary to achieve the objective, and reasonable under the circumstances. Employees using excessive force when
restraining or arresting an offender will be held criminally liable under section 62 Crimes Act 1961
When can you claim self defence after using a firearm?
Employees who fire at an offender will only be able to claim self defence under section 48 Crimes Act if they shot because they had reasonable cause to fear death or grievous bodily harm to themselves or another person and could not otherwise protect themselves or that person. There is no justification for firing at a suspect when they are no longer a threat to life. This applies regardless of the suspect’s previous actions.
When can a warning shot be fired?
As a general rule warning shots should not be fired.
However, there may be circumstances where a warning shot may be appropriate. Only fire a warning shot if:
· extreme caution is taken to safeguard the safety of others
· the suspect has been asked to surrender (if practical) and has not done so, and
· it can be clearly aimed as a warning shot.
When can you fire at motor vehicles?
Shots may only be fired at moving vehicles in very exceptional circumstances. It is extremely difficult to disable a vehicle by discharging a firearm at tyres or other parts. The small target area and the margin for error
impose a high probability of misdirection or ricochet increasing the risk of causing death, injury or damage.
What principles should be applied when dealing with an armed offender?
When dealing with an armed offender or an offender believed to be armed, Police should observe these basic principles:
· It is better to take the matter too seriously than too lightly.
· Treat all armed offenders or offenders believed to be armed, as dangerous and hostile unless there is definite evidence to the contrary.
· Make every effort to prevent casualties.
· Caution is not cowardice. When the offender’s actions permit, cordon the area, and adopt the wait and appeal role in order to negotiate a surrender.
· Never go unnecessarily into danger. However, if the offender is acting in a way that makes casualties likely, Police must act immediately to prevent this.
What considerations should be made in regards to a TASER during firearms incidents?
When considering the need for firearms, you must be guided by the tactical options framework, particularly regarding TASERs. Although you must carry a Taser (where available) when carrying a firearm, you should not normally consider using a TASER against a subject armed with a firearm. Police firearms remain the most appropriate tactical response for such situations but circumstances may exist where the use of the TASER may be appropriate when deployed with or in support of conventional weapons.
What actions should be taken immediately after a firearm is discharged?
Every time a firearm is discharged by Police, except for when it was discharged during training or to destroy animals (unless there has been an unintended result):
· the employee discharging the firearm must complete a Tactical Options Report, and
· the senior employee present or the person appointed to do so must takethese actions immediately (or at the first safe opportunity).
1 If necessary, render first aid when safe to do so and contact medical emergency services.
2 Mark the discharging employee’s position, the empty cartridge case, bullet fragments, injured or deceased people, and any other items or people associated with the discharge.
3 Preserve the cartridge case and, where possible, the bullet or bullet fragments.
4 Secure the firearm and remaining rounds.
Note: On no account is the firearm to be altered or items/accessories removed. It must be secured in the state at which it was at the time of firing.
· advise the employee’s immediate supervisor who will promptly advise the district commander, or
· if the discharge has been unintentional, follow the procedure for reporting and investigating unintentional discharges.
6 If someone has been killed or injured by the discharge, send the firearm and any bullets and cartridge cases to the Police Armoury for examination. Enclose a detailed report covering the circumstances or incident with the items sent to the Police Armourer for examination.
7 The Police armourer will conduct a detailed examination of the firearm and prepare a report on:
• firearm' description, condition, mechanical safety, sights, trigger pressure, test firing, firearm classification
• such other tests as may be required.
8 The Police Armourer will if requested:
• arrange for ESR to carry out any comparison examination of projectiles or cartridge cases required
• provide a report on the result of the ballistics examination to the O/C of the investigation.
9 Commence any appropriate investigations into the incident, e.g. criminal and/or employment investigations.
What actions are to be taken if a firearm is presented by Police but not discharged?
If a firearm is presented at a person but not discharged, a Tactical Options Report must be submitted and forwarded to your supervisor.
This does not apply to:
· members of the AOS or STG engaged in an AOS or STG operation
· employees engaged in training.
What actions should be taken if a firearm is unintentionally discharged by a New Zealand Police employee?
Follow this procedure in all cases of Police unintentional discharges of firearms, for example when:
· an employee accidentally discharges a firearm
· a firearm malfunctions causing it to discharge
· a firearm is intentionally discharged but there is an unintended result (e.g. a training accident).
1 The person in charge of the operation, scene or training in which the incident occurred immediately reports the discharge to a supervisor with the position level of Inspector or above.
2 The employee who discharged the firearm completes a Tactical Options Report: Unintentional discharge.
3 The supervisor immediately considers and decides if the employee should be suspended from drawing or using a firearm. (If a supervisor is not readily contactable, then the person in charge at that time makes the decision on the suspension).
4 The supervisor advises the district commander what has occurred and the response. If the initial investigation suggests no culpability on the part of the employee who discharged the firearm, the district commander may remove any suspension imposed.
5 The District Commander advises the National Manager: Professional Standards of the incident. Do this immediately in case of death or serious injury and in cases of other unintentional discharge, within 48 hours of the incident.
6 The District Commander appoints a Police Inspector or higher positioned employee to oversee an investigation into the incident. The person appointed must not have direct line supervision of the employee involved in the discharge.
7 The culpability of the employee discharging the firearm is adequately investigated and reported on having regard to appropriate legislation and Police firearms safety policy and procedures.
The scope and scale of the investigation will largely depend on the nature of the discharge, the result, any death or injury, or the potential for death or injury. It may also be necessary to consider at this stage if an employment investigation is necessary.
8 Where it is established that the employee has been careless or has breached procedures, the District Commander considers what further action is appropriate (e.g. any criminal or disciplinary action, continuing any suspension and/or any necessary remedial training).
9 After the investigation is completed, the District Commander sends the completed file to the National Manager: Professional Standards recommending what action should be taken, if any.
10 The National Manager: Professional Standards:
• determines whether the circumstances of the discharge warrants the IPCA being advised
• advises the National Manager: Operations if the unintentional discharge appears to have a potential impact on any current training, policy, safety or related issues, which may require urgent action.
What procedures should be done if someone is killed or injured by a non-Police issued firearm?
Follow the normal crime scene investigation procedures in situations when someone is killed or injured by a non-Police issued firearm and Police were not involved in the shooting.
What practices are involved in the issuing of firearms?
Supervisor’s responsibility when issuing firearms at stations.
Any person supervising the issuing or returning of Police firearms must ensure as part of a Police station’s internal control:
· the Firearms register (POL 369) is completed at the time of issue from and/ or return to the station (follow the procedures in Firearm security seals and registers in “Firearms registers” if firearms are taken from and/or returned to a vehicle security cabinet)
· when firearms are returned they have been cleaned and are considered safe for immediate operational use
· all firearms and ammunition issued are accounted for
· no firearm or related equipment is or has been unnecessarily retained by an employee (this does not apply to members of the AOS and STG and their specialist firearms).
When should a supervisor be notified if a TASER is deployed at an incident?
Whenever a TASER is deployed by an operator against another person, the operator must notify a supervisor as soon as practicable. In the case of employees in rural or remote locations, notify the nearest on duty supervisor.
What steps should a supervisor take after an operational TASER discharge or contact stun?
1 Attend the scene as soon as possible and ensure proper aftercare and any appropriate medical attention has been provided. In remote or rural incidents, the nearest on duty supervisor must consult with the operator involved as to whether their attendance is required.
2 Preserve and photograph the scene where it is believed this may be necessary or relevant for subsequent enquiries.
3 Ensure that all evidence, including discharged air cartridges, wires, probes and sufficient (4-5) cartridge identification tags (CIT) are recovered from the scene and secured appropriately.
4 Determine whether the use of the TASER was in accordance with these instructions.
5 Ensure the operator completes the details of all instances of discharge and contact stun in the TASER register.
6 Ensure the operator, or individuals involved submit a tactical options report.
7 Ensure the operator(s) involved uploads the incident into the Evidence.Com via Evidence Sync and categorises the uploaded data including TOR and event details where applicable for cross referencing with Evidence.Com.
8 Inform the district TASER coordinator outlining the details of the incident by means of an internal e mail prior to going off duty.
What steps should a supervisor take after an operational TASER presentation, arcing, or laser painting?
1 Ensure the operator, or individuals, involved submit a tactical options report.
2 Ensure the operator completes the details of all instances of arcing in the log in the TASER register.
3 Ensure the operator(s) involved uploads the incident into Evidence.Com via Evidence Sync and categorises the uploaded data including TOR and event details where applicable for cross referencing with Evidence.Com
4 Determine whether the use of the TASER was in accordance with these instructions.
5 Inform the district TASER coordinator outlining the details of the incident by means of an internal e mail prior to going off duty.
When should a tactical operation report be done in regards to a TASER?
A tactical options report must be completed in all cases where a TASER is shown or used. The only exceptions to this requirement are:
· where the deployment was in training, or
· in the case of AOS or STG operators deployed at the time in an AOS or STG role where the deployment was presentation, laser painting or arching (shown).
What procedures should be done when attending a sudden death?
1 Check for signs of life and:
• depending on the circumstances consider whether to attempt resuscitation
• if alive, give emergency medical assistance and call an ambulance
• if dead, call their doctor if possible. If the doctor cannot be located, contact another doctor.
Note: It is a doctor’s responsibility to state that life is extinct and to establish the medical cause of death (although the Chief Coroner has authorised a duly qualified and registered paramedic to do this). It is not the responsibility of police or ambulance officer.
2 Inform your supervisor at the earliest opportunity, that you are attending a sudden death.
3 If the death appears suspicious, contact the duty/on call CIB member and your supervisor. Freeze, guard and preserve the scene until CIB arrive. In other circumstances, start an investigation into the cause of death.
4 The attending doctor or duly qualified and registered paramedic completes a Deceased Person Certificate (POL 265) or makes a written statement on a prescription pad or notebook that the person is dead. The doctor should pronounce that life is extinct before the body is moved.
5 When the deceased has been under treatment for the illness that has caused the death, the doctor who was attending the deceased before the death will generally issue a Medical Certificate of Causes of Death (HP4720)
Note: If the death must be reported to the coroner, the doctor can only give a doctor’s certificate for the death if the coroner has decided not to open an inquiry into the death.
6 If the doctor issues a HP4720, the coroner does not have to be advised of the death. Instead you must advise immediate family and, if necessary, ensure the deceased’s property is secure. If attending police still have concerns, contact the coroner to discuss.
7 Determine if the death is one that must be reported to the coroner and if so, immediately notify the duty coroner on 0800…
As a general guide, do not move the body before notifying the coroner.
8 Complete the Deceased person notification (DED) found in Microsoft Outlook notifications so that police can update any NIA/Licensing data held about that person. This ensures that in the future no one can take on the deceased person’s identify for illegal purposes.
What is Section 15, Coroners Act 2006?
Police must immediately report all sudden, unexplained violent or suspicious deaths to the coroner. You must also inform the coroner if the body has been destroyed or is irrecoverable. If there are multiple fatalities, advise the coroner and establish whether they want to attend the scene. Do not delay reporting the death. (See Contacting the coroner for contact details).
As a general guide, do not move the body before notifying the coroner. If you are attending a traffic death or a death in a location where access to a phone is not possible, contact the Comms dispatcher and ensure the coroner is notified immediately.
A quick phone call notifying the coroner of the death can be followed up later with more detailed information in a Report for coroner (POL 47 or 47A (sudden death of an infant under 2 years)). The more information you can obtain will assist the coroner in making decisions as part of the coronial process, however this should not delay the immediacy of the notification.
Notification should commence as soon as possible after Police attend the scene and are in a position to confirm the death and advise the coroner accordingly.
The coroner may wish to visit the scene if they think it would provide an advantage in later determinations.
What procedures should be followed when you are examining a scene and body at a Sudden Death?
Important: Always preserve evidence until the cause of death has been established.
1 Consider factors that may cause you to suspect a criminal act. See things to look for below. If the death is suspicious, violent or criminal or if you have any doubt about the cause of death, notify CIB and take appropriate action to secure the scene. (See Part 1- Initial response to homicide or serious crime in the Homicide and Serious Crime Investigations chapters).
Note: Homicide investigations must be reported by the O/C case to the National Manager: Criminal Investigations, via the District Manager, Criminal Investigations.
2 Note the position of the body. Photograph it if necessary - this may be useful information for the coroner.
3 Note all factors that may explain the death, e.g. the body’s condition, medicine bottles and items in the immediate vicinity of the body. Ensure you seize all medicines as some mask the presence of others.
4 Obtain full particulars from witnesses, exploring any likelihood of anyone else being involved, either maliciously or innocently.
5 If the death is not suspicious, obtain statements as soon as practicable (notebook statements are not acceptable). Early statements may negate the need to re-interview later, and will provide the basis for evidence produced at a coroner’s inquest.