Sudden Death Flashcards
(204 cards)
1
Q
A coroners role in relation to a death is.
A
Receive rpt from police.
Decide on post mortem.
Authorise release of body.
Decide wether to open enquiry. If
2
Q
Purpose of coroners Inquiry is to.
A
Establish:
Person has died.
Persons identity.
When/where person died.
Cause and circumstances of death.
3
Q
What deaths must be reported to police and in turn Coroner.
A
Unknown cause Unnatural Suicide Violent In custody Child birth While receiving medical, surgical or dental treatment.
4
Q
Doctors certificate for death.
A
HP4720
5
Q
Who is qualified to verify death.
A
Registered medical practioner.
Nurse - practioner, enrolled or registered.
Registered midwife
Paramedic
Intensive care paramedic
Emergency medical technician.
6
Q
If immediate family does not allow removal of body or evidence police have power to:
A
Remove body(with warrant) Seize evidence(without warrant)
7
Q
You can without a warrant, seize evidence relating to sudden death using reasonable force if:
A
Complying with direction under S20 or
Executing warrant for removal under S128.
8
Q
Evidence seized relevant to post mortem must,
A
Be in immediate vicinity of body and relevant to post mortem.
Delivered to coroner.
9
Q
When reporting to coroner is not required police must;
A
Inform deceased immediate family as soon as identity confirmed.
10
Q
Police may be called to assist coroner give notice of significant matters.
A
Significant matters include:
Direction for post mortem.
Opening of inquiry
Date,time,place of inquest.
When inquiry completed.
11
Q
Steps for death in custody.
A
Freeze scene
Notify CIB, DC
DC informs national manager.
12
Q
Identifying particulars can be taken from someone lawfully detained for committing offence if that person is
A
At a police station
Any other place being used for police purposes.
13
Q
Identifying particulars mean?
A
Name, address, DOB
Photograph
Finger, palm or foot prints.
14
Q
Constable with GCTS who intends to charge by summons may detain at any place in order to;
A
Take identifying particulars, for the period necessary to take them.
15
Q
Can you detain someone for detox from private premises?
A
No (unless they are trespassing)
16
Q
How long can police detain for detox?
A
Must be released when no longer Intoxicated.
Can hold no longer then 12 hours.
17
Q
Immediate family of victim means
A
Spouse, defective partner
Child or step child
Sibling or step sibling
Parent or step parent
Grandparent
18
Q
Victim means
A
Person who offence committed against.
Parent or legal guardian of child victim
Immediate family of person who does or is incapable as result of offence.
19
Q
How should victims be treated.
A
With courtesy and compassion and respect dignity and privacy.
20
Q
Is support available for victims and their families.
A
Yes, any welfare, health, counselling, medical or legal needs arising from offence should have access to services.
21
Q
Does the mother of a 15 year old assault victim get access to support?
A
Yes
22
Q
A victim
Must be given information ASAP from contacted agencies about?
A
Programmes, remedies or services available.
23
Q
A victim impact statement may include.
A
Information may include any photographs, drawings or other. Usual representations provided by victim.
24
Q
What is the purpose of a victim impact statement
A
Enable victim to describe effects of offending.
Assist court in u der standing victims views of offending.
Inform public of impact of offending from
victims perspective.
25
What information is to be ascertained in victim impact statement.
Physical injury or emotional, financial any other matters as a result of offence.
26
What purposes (4) does the victim impact statement serve?
Assist court by providing information.
Information on effect helps balance info from pre-scentence rpt.
Provides victim with input into admin of justice.
Offender forced to recognise what they have done.
27
How should a VIS be written.
In “victim speak” not police jargon.
28
What is a specified offence.
Sexual nature.
Serious assault.
Result in serious injury, death or person becoming incapable.
Victim ongoing fears for their safety or safety of family.
29
Once registered victim can be notified of.
```
Temp release
Abscond from home D
Impending release
Convictions for breach release condition
Prison recall
Parole board hearings
Deportation hearings
Claim opportunities (prisoner and victim claims act).
```
30
If victim of specified offence, commissioner must:
Right to request notice and appoint representatives
31
Victim may complain to
ombudsman.
IPCA
Privacy commissioner
32
Unplanned entry into clanlab police should.
Immediately remove person of interest.
Isolate site and maintain safety perimeter.
Preserve crime scene.
33
What is aim of unplanned entry procedures into clan lab.
Rapidly convert unplanned entry into planned response.
34
S20 search and surveillance
Enter and search place vehicle without warrant if reasonable grounds offence against misuse drugs act and not practicable to obtain warrant.
35
S21 search and surveillance
May search any person found in place/vehicle under S20.
36
S22 search and surveillance
Reasonable grounds to suspect search person for drugs.
37
Is approval required before exercising warrantless drug search
Yes unless impractical
38
What is an internal search
X ray or similar
A manual or visual examination through any body orifice (may conduct visual exam of mouth, nose,ears but must not insert anything into those orifices).
39
Can a warantless drug search be executed following the observations of someone’s demanour?
No - Collins v Police.
Court considered that acting on ground of suspicion could not be saved as reasonable under the act.
40
R v Royalton.
During strip search package falls from defendants broth, he picks up places in mouth.
Struggle leads to officer blocking nostril and holding throat, is this an internal search.
No - no object placed in defendants mouth by police.
Safety concerns for defendant.
41
What is a mental disorder?
Abnormal state of mind characterised by delusions or disorders of mood, perception, volition or cognition to such a degree it:
Poses serious threat to safety of them and others.
Seriously diminishes capacity of that person to take care of himself.
42
How long detain 1M?
6hours or time it takes to co duct exam(shortest one).
43
What is police role under mental health act.
Responsibilities for care rests primarily with MH services but police provide assistance where legislation provides for police intervention.
44
What is memorandum of u der standing between police and ministry of health.
Covers responsibilities, transportation and use of force and forms basis of local agreements with local MH.
45
Key words in mental disorder definition are.
Poses serious danger.
Seriously diminished capacity to look after themselves.
46
What legislation allows the use of force to prevent suicide.
S41 Crimes Act.
47
Powers to enter premises?
S8 - S&S, private premises for imprisonable offence.
S7 - S&S, unlawful at large(inpatient absconded).
S14 - S&S, safety of persons, property.
48
Police can close licensed premises when;
Riot
Fighting or serious disorder
Threat to public safety
Substantial public nuisance
5+ year offence and further risk or more.
49
Powers of entry for licensed premises.
A constable or inspector may at any reasonable time enter and inspect any licensed premises or any part of licensed premises to ascertain complying with provisions.
A constable or inspector may at any time enter any licensed premises when RGTB offence committed.
50
What action can be taken if person refuses particulars when RCTS offence against Sale/supply alcohol act.
If without reasonable excuse refuses or fail to provide when required to do so and persists in refusing or failing AFTER BEING CAUTIONED may be arrested.
51
How long must licensed premises stay closed if closed by police.
Until time stated in order which must not be later then 24 hours from end of day on which order served.
52
What should be taken into account when deciding closure of licensed premises.
Weight of evidence supporting closure
Previous interactions with police
Likely hood of escalating violence.
Impact on license.
53
What should be considered when deciding duration of closure for licensed premises.
When order likely restored.
Closure sufficient to address public nuisance concerns.
Impact on license.
54
A constable may for the purpose of ascertaining wether alcohol is present search:
A container in possession of person who is in, or entering restricted place.
Or vehicle that is in or entering restricted place.
55
Enforcement principles for liquor bans.
Have regard to reason for imposing ban.
Time, place circumstances
Prevent alcohol related harm and antisocial behaviour caused by alcohol.
56
Alcohol means
Fermented, distilled or spirituous liquor.
20C contain 1.15% or more ethanol.
OR
If frozen has same properties as above when thawed.
57
Must prove identity of offenders and that bylaw liquor ban breached in that they;
Consumed alcohol
Brought alcohol
Possessed alcohol
In a public place specified by bylaw.
58
Before searching a container or vehicle for alcohol ban breach officers must;
Inform person in possession they have opportunity to remove container or vehicle from area.
And give them reasonable opportunity to do so.
59
Difference between reasonable grounds and good cause to suspect.
Reasonable grounds - believe circumstance actually exists.
Reasonable grounds to suspect - suspect situation likely to exist.
60
Types of lawful searches.
Exercise warrantless search.
Execute warrant power.
Consent search.
61
Entry power to prevent offence or respond to risk of life or safety.
There is a risk to life or safety of person that requires an emergency response.
62
A disabling substance means.
Any anaethisising or other substances produced for disabling a person or intended for such use by person who has them.
63
What are restrictions on consent search or vehicle if only CYP present.
Person under 14 cannot consent to search unless-
| Found driving vehicle and no passenger 14 or over with authority to consent to vehicle search.
64
Purposes for which consent search may be undertaken.
Prevent commission of offence.
Protect life or property or prevent injury/harm.
Investigate if offence committed.
Any purpose in which enactment would cover if belief or suspicion held.
65
If a warrant application is about to be made or has been made but not yet granted police may;
S117(S&S) enter and secure place or vehicle. Secure any items found there.
Must believe CADD.
Only hold up to 6hours or warrant available or refused.
66
If you seize any item during a search that poses a threat to safety but does not constitute an offence when must it be returned.
Once search completed or
When satisfied no longer threat. What
67
What are your identification and announcement requirements when exercising a search power.
Announce intention to enter and search under stat power.
Identify yourself.
68
When are search announcements not required.
RGTB no person lawfully present.
Compliance would endanger safety.
Prejudice successful entry and search power or prejudice ongoing investigations.
69
Examples of situations where unannounced entry into property may be justified.
Save person from death/injury
Situations where warning might endanger police.
Prevent destruction of evidence.
Entering in course of hot pursuit.
70
If items seized as a result of search what are requirements for notifying occupier/person in charge?
Provide inventory of items seized, a copy of authority within 7days.
71
Under section 32 S&S act (warrantless road block) you can search for:
- evidence
- people
- something else?
People.
72
When can you establish warrantless road block and who can authorise.
Sgt or above:
Believe person in vehicle and is unlawfully at large or committed presence punish by imprisonment and vehicle will travel through road block.
73
How long is warrantless road block valid for?
A period not exceeding 24 hours but additional 24hr may be authorised in writing by district court judge.
74
Types of searches.
Rub down
Strip
Internal
75
Principles of search
Lawful
Treat with dignity, privacy, respect and sensitivity.
Any force must be reasonable
Generally same sex.
76
Lawful searches include.
Warrantless power
Warrant
Consent.
77
What does locked up mean.
Person taken into lawful
| Custody and being placed behind a closed or locked door that prevents them from leaving.
78
You can carry out a rub down search on any person to ensure they are not carrying anything that may.
Harm any person
Facilitate escape
79
Offensive weapon means
PUBLIC PLACE - Any article made or altered for use for causing bodily injury, or intended by the person having it with him for such use.
ANY PLACE - Any article capable of being used for causing bodily harm.
80
Unreasonable search and seizure - Everyone has the right to be secure against unreasonable search or seizure .....
Whether of the person, property, correspondence or otherwise.
81
No bill of rights act imposes specific obligations on police such as
21-protect against unreasonable search and seizure.
22-Protect against arbitrary arrest.
23-Rights or Erwin arrested or detained.
24-Rights of person charged with offence.
25-Minimum standard of criminal procedure.
82
In order for protestors to reach the threshold of disorderly behaviour it must:
Substantially inhibit other people.
Cause greater offence than those affected reasonably be expected to tolerate, to extent it’s seriously disruptive of public order.
83
S18-BORA
| Freedom of movement.
Right to freedom of movement and residents.
Citizen right to enter NZ.
Everyone right to leave NZ.
No citizen required to leave unless under decision by law.
84
A search is not:
Looking into a car
Ask person hold bike to read serial
Ask person to show hands for inspection.
Voluntary request to power company for power data.
85
What is seizure
Removing something from possession of someone else.
86
What is arrest
Crimes Act meaning of COMMUNICATED INTENTION on part of police to hold person in lawful authority.
87
What is detention
Physical deprivation of liberty
Statutory restraints on resins movement.
Reasonably held belief induced by police that not free to leave
88
Treatment in breach of persons right in custody includes.
Excessive force
Failure to provide medical when requested.
Unlawful restraint to prevent self harm.
Failure to comply with policy(food,clothing,exercise)
Routine or deliberate strip searching.
Failure to ensure safety against other detainees.
89
Extended obligation to ensure rights understood if;
Stressed, confused fatigued at time of arrest.
Poor English
Limited intelligence
Difficulty hearing
Needs interpreter
90
Do rights have to be given verbally?
There is nothing in the rights that requires a person to be advised verbally rather than in writing.
91
Evidence offered by prosecution made by defendant is not admissible if it is excluded under S28/29/30. What are these sections?
28 - Reliability rule
29 - Oppression rule
30 - Improperly obtained evidence rule.
92
Exception to reliability rule?
Use statement as evidence of physical,mental or psychological condition.
Evidence a statement was made.
93
S29 - Oppression rule
Judge must exclude defendant statement unless satisfied...
Beyond reasonable doubt that the statement was not influenced by oppression.
94
S30 - improperly obtained evidence if issue raised evidence improperly obtained, the judge must:
Find, on the BALANCE OF PROBABILITIES whether or not evidence was improperly obtained.
95
S30 - Definition of improperly obtained evidence.
In consequence of a breach of any enactment or rule of law.
In consequence of statement.
Unfairly obtained.
96
Explanations given to youth, must be ...
In a manner and in language that is appropriate to the age and level of understanding of the child or young person.
97
What is a critical incident?
Force or threat of force is involved.
Any person faces risk of serious harm.
Police responding to people in the act of committing crime.
98
What is urgent duty driving?
When enforcement officer on duty is driving above the speed limit or natural flow of traffic, and may not be complying with certain traffic rules and:
Responding to critical incident.
Gathering evidence of alleged offence.
Apprehending offender for traffic offence.
Motorcade
Activities approved by commissioner in writing.
99
Factors to consider when urgent duty driving
```
Time delay
Nature of offending
Proximity to incident
Proximity of other units
Environment
Driver classification
Warning devices (lights/sirens)
Vehicle type.
```
100
Tactical approach increases risk to public/police. Should a tactical approach be used?
Activation of lights/sirens increases risk to police/public.
Therefore using tactical approach is exemption rather than the rule.
101
What can a tactical approach include when urgent duty driving.
Adjusting vehicle speed.
Turning off or not activating sirens.
Turning off or not activating warning lights.
102
Examples of when a tactical approach for urgent duty driving may be used.
Approaching serious crime in progress.
Attending report of suicidal person.
Obtaining evidence of speeding offence
103
If lights or sirens not used for going through intersections is there a defence?
No, the defence for proceeding against traffic signals or intersections does not apply.
104
What is the overarching principle for urgent duty driving.
Public and police employee safety takes precedence over the necessity to undertake urgent duty driving.
105
What is the paramount consideration when it comes to fleeing drivers.
Safety
106
What is the overriding principle when applying TENR for fleeing drivers.
Safety is success.
107
Fleeing driver TENR risk assessment must balance:
Initial threat posed by vehicle occupants.
Necessity to immediately apprehend the driver and or passenger.
Risk of harm if driver fails to stop or remain stopped.
108
Overall principles regarding fleeing drivers.
Safety takes precedence.
FTS is not sufficient reason for pursuit.
INVESTIGATION PREFERRED OVER COMMENCEMENT OR CONTINUATION OF PURSUIT.
109
Action on abandoning pursuit
Acknowledge
Reduce speed
Deactivate lights/sirens
Stop when safe and advise controller
Stop actively searching for vehicle
Resume normal duties.
110
Initiating officers actions upon completion of pursuit.
Enter fleeing driver CARD & K6/K9
Notification before end of shift.
Create NIA file before end of shift.
Incident or near miss report if required before end of shift.
111
Pursuit controller must abandon pursuit when;
Reason for pursuit not provided or insufficient.
TENR supports abandonment.
Identity of driver becomes known and/or. I immediate threat.
Pursuing units have lost contact with fleeing driver.
Sustained loss of comms with pursuing units.
112
Tire deflation devices can be imitated by.
Pursuit controller, trained police in exceptional circumstances, Emergency Comms Centre shift commander for deployments on heavy vehicles.
113
Permission must be obtained from pursuit controller before:
Signalling driver to stop.
Commencing a pursuit.
114
S113 LTA
Any officer in uniform or possession of warrant.
Direct a person in vehicle to give name,DOB,address,phone,occupation or such particulars officer may specify.
Forbid unlicensed driver to drive.
Forbid transport service without license to operate that service.
3). Uniform OR wearing distinctive cap, hat, helmet.
115
S121 LTA - An enforcement officer can forbid,direct,immobilise if:
Incapable of proper control
Not complete CIT test satisfactory
Refuses CIT
116
S114 - LTA
Give name,DOB,phone,occupation
State wether owner of vehicle
If not, give details of owner.
117
S120 LTA
Power of arrest for alcohol/drug related offences or assault on officer.
118
A road includes:
Any land vested in or under control of the crown or any authority
119
S121A -
Forbid to drive until conditions met.
Direct to drive to place.
Take keys.
Take steps to make vehicle immobile or move to place where not hazard.
120
Our vision
Be the safest country in the world.
121
Our purpose
Ensure everybody can be safe and feel safe.
122
Our mission
Prevent crime and harm through exceptional policing.
123
Our goal.
Safe homes, safe roads, safe communities.
124
Our operating model.
Prevention first.
125
Te hurlings I the tai - Framework of prevention first.
Three poi:
Our people and our mid set.
Effective initiatives and improved practice.
Effective partnerships.
126
How we do it.
Our priorities
Our people
Our leadership
Our culture
127
Our priorities.
Create culture we want
Understand and deliver services our communities need.
Better outcome through working with partners.
128
Leadership
Set - Enable - Expect
Principle responsibility of leadership tool.
129
Our culture
Collective values, reflect on actions and decisions.
Bring humanity to every interaction.
130
Our partners
Recognise importance of connecting with iwi and communities.
131
Key outcomes.
Prevent crime & victimisation
Target and catch offenders
Deliver more responsive police service.
132
Prevention first mindset is to
Take every opportunity to prevent harm.
133
Core components of our model(prevention first)
Deploy to beat demand
Target drivers of command
Mindset: take every opportunity to prevent harm
134
Drivers of demand are:
Families
Youth
Alcohol
Roads
Organised crime and drugs
Mental health
135
“Life course persistent” youth offender often come from severe deprivation involving;
Violence, drugs, alcohol and absence of good role models.
17% of all youth offenders and commit 40% of offences.
136
Police core values
```
Empathy
Diversity
Commitment to Maori and treaty
Respect
Integrity
Professionalism
```
137
Effective partnerships mean
Share information and implement collaborative approaches.
138
Crime triangle
Act with urgency against repeat and priority offenders.
Provide support/assistance to repeat victims.
Maximise resources to locations that suffer disproportionate levels of crime.
139
Mindset thinking means
Needs of victim at centre of policing.
140
Locations and harm what is the relationship.
5% of locations generate 32% of all calls for service
141
To deliver our mindset we will
```
Values & code of conduct
Proactive &consistent service
Build relationships
Focus on victims
VIPs
Agreed offender management approach
PHPF
```
142
Police targets
```
5% reduction road death
10k less serious crime victim
25% reduction reoffend Maori
90% increase public confidence
500mil cash
```
143
The five frame works are
Strategy
Culture
Leadership
Capability
Performance management.
144
Characteristics of a high performing team are
United
Committed to excellence
Individual capable and responsible
Supportive of one another.
145
What we do
Our goals, our functions, our operating model, are huringa o te tai
146
What is the rule of law?
Defines relationship of government to its people: that people in society should be governed by law and free from arbitrary government.
147
What are the functions of police
Keep peace
Maintain public safety
Law enforcement
Crime prevention
Community support and reassurance
National security
Police activity outside NZ
Emergency management
148
Strategy into action - three pous
1. Pou mataara, our people their mindset
2. Pou mataaho, effective initiatives and improved practice
3. Pou Hourua, effective partnerships
149
Pou Mataaho means
Focus on whanau Ora approach of co-design and joint delivery of initiatives with iwi maori.
150
Pou mataara means
Focus on building our people their skills knowledge mindset and performance.
151
Pou Houru means
Building relationships which lead to more effective partnerships with iwi Maori and other organisations.
152
Values - professionalism
Look part be part.
Pride in representing police and making difference in communities we serve.
153
Values - Respect
Treat others as they would want to be treated.
Dignity uphold their rights and honour freedoms
154
Values - integrity
Actions say all.
Honest and uphold excellent and ethical standards.
155
Values - commitment to Maori and treaty
Stand together.
Good faith and respect principles of Te tiriti o waitangi- partnership, protection participation
156
Values - empathy
Walk in their shoes.
Understanding of and consider experience and perspective of people we serve.
157
Values - Valuing diversity
Many views one purpose.
Recognise different perspectives and experiences bring to make better at what we do.
158
Policing act based on principle.
Principled effective and efficient policing services are cornerstone of free and democratic society under rule of law.
159
Code of conduct
Commissioner must prescribe code of conduct stating standards of behaviour expected.
Duty of every police to conduct him/herself in accordance.
160
Command and control.
Every employee must k eye lawful command of supervisor.
161
S63 policing act
Commissioner may appoint employee temporarily to any higher level of position
162
What is the SELF test
Scrutiny
Ensure compliance
Lawful
Fair
163
In considering if behaviour is a breach of code of conduct, factors that may be considered are:
Nature and circumstances
Intent
Position, duties, responsibilities
Ability to fulfil duties
Impact on organisation and relationships
Impact on trust and confidence in police
How similar behaviour treated in past.
164
What is misconduct
Behaviour or actions that breach code of co duct or policies.
Misconduct may not justify dismissal but may result formal disciplinary action
165
What is serious misconduct?
Breach code of conduct, policy or other agreements and seriously undermine or damage trust confidence police has in you. Behaviour that may justify dismissal.
166
Examples of misconduct
```
Breach policy
Treat person harshly
Abusive, offensive language
Misuse internet, mail system
Unauthorised use of database
Absent, late without reason
Fail to declare conflict of interest
Disobey lawful command
Bring police into disrepute
```
167
Example of serious misconduct
```
Convicted or guilty of offence
Corruption
Bullying or harassment
Sexual misconduct
Theft or dishonesty
Unauthorised access or disclosure info NIA
Repeated misconduct
False statement
Excess unjustified violence.
```
168
What is performance management
Improvement through dialogue. Support.
Not disciplinary process.
169
Steps of performance management
Informal discussion
Performance meeting
Problem solving
170
PIP should include
Performance to be improved.
```
Minimum acceptable standard.
Remedial steps
Support and resources
Feedback
Review periods
Progress meetings
Start date for PIP
Consequences
Signature
```
171
Benefits of FEO
Enable high performance
Attract retain top talent
Accessing a broader talent pool
Increased productivity
172
Manager responsibilities with FEO
Consider and respond within one month.
173
Information management privacy and assurance principles are
Police systems equipment and information must be used responsibly and in a manner which reinforces our professional image and reputation.
174
Social media policy
No photos in uniform.
No personal email,address or phone for police accounts.
No post that can bring disrepute or negativity
No post compromising security
No send u prompted messages
175
Where police cause death or serious bodily harm commissioner shall
ASAP give to the authority a written notice setting out particulars.
176
Serious bodily harm includes:
Any fracture, deep laceration, injury to internal organ, impairment of body ill function, blow to head causing concussion, hospital or sexual assault.
177
Evidence may be given
In oral written or visual form.
178
Rules of evidence
How
Who
What type of material
179
Prejudicial meaning
Drawing of an inference against a party.
180
Aim of evidence act is:
Help secure the just determination of proceedings.
181
Purpose of evidence act
Provide facts
Rules of evidence
Promote fairness
Protect rights of confidentiality
Avoid unjustifiable expense & delay
Enhance access to law of evidence.
182
The fundamental principle that relevant evidence admissible
All relevant evidence is admissible in a proceeding except evidence that is
183
The fundamental principle in criminal law is
The presumption of evidence (Woolmington principle)
184
What is reasonable doubt
Honest and reasonable uncertainty about guilt after careful and impartial consideration to evidence.
185
The essential features of the adverbial system are
During trial, judges function is to ensure evidence produced according to rules and rule of necessary on it admissibility.
186
Oaths and affirmation.
Witness 12+ must give oath or affirmation.
What about witness under 12?
Informed by judge of importance of truth and not lies.
Must then promise to tell truth.
187
A hostile witness is:
Exhibits lack or veracity.
Gives evidence inconsistent with statement.
Refuse to answer or deliberately withholds evidence.
188
Initial disclosure is limited to;
```
Capsum
Charging doc
Summary of defendants right for more info.
Maximum penalty for offence.
Previous convictions
Previous offences committed
```
189
Defendant may apply for further information following proceedings such as.
Witness names
Exhibit list
Records of interviews
Copy of job sheets or officer notes.
Copy of diagrams/photographs
190
Full disclosure released as soon as practicable after:
Defendant plead not guilty
CYP defendant makes first appearance
191
At any time after charge a person can request;
Name of each witness(address S17)
Statement of description
Identikit picture or other drawing.
192
S15-18 Criminal disclosure act allows for withholding info if:
Doesn’t hold in recorded form
Prejudice maintenance of law
Endanger safety
Material to assist in conduct of trial
Communication between prosecutor and another person
193
Evidence act provided for an entitlement for complainants and child witnesses....
To have a support person present.
194
Alternative evidence may be made in any of the following grounds:
Age/maturity of witness
Physical/intellectual/psychological impairment
Trauma suffered
Fear or intimidation
Cults/religious beliefs
Nature of evidence
Relationship
195
Associated defendants cannot give evidence against each other unless.
Evening tried seperately
Proceeding against associated defendant has been determined.
196
A hearsay statement is
Made by person Other than witness and is offered in evidence to prove the truth of its contents.
197
Statement means
Spoken or written assertion by person of any matter or
Non verbal conduct of person that is intended by that person as an assertion of any matter.
198
Unavailable witness means
Dead
Outside NZ
Unfit(mental)
Cannot be identifies or found
Not compellable.
199
Admissibility of voice identification evidence.
Inadmissible u less prosecution proves on BALANCE OF PROBABILITIES that circumstances have produced reliable identification.
200
Risk is defined as:
Effect of uncertainty on objectives
201
4 key risk categories for police
Operational
Corporate
Portfolio
Strategic
202
Police risk management process
COMMUNICATE/CONSULT
Establish context
Identify risk
Analyse risk impact
Evaluate risk
Take action
MONITOR/REVIEW
203
Evaluating risk we may decide to
Act
monitor
Accept
Accept management Achieved
204
Three lines of defence model for risk management.
1– all police
2-management process and control
3-Internal audit and assurance.
