Fichas
Firearms, TASER, Sudden Death, Police Act, Victims Rights Act
Fichas del conjunto (84)
- 1Arms Act s40 On demand by police, ANY person in POSSESSION of a Firearm, Airgun, Pistol Restricted weapon must provide what?Person in charge firearm, airgun, pistol, restricted weapon to give
name/add/DOB
If REFUSE's - Caution; if persists to refuse to provide; ARREST - 2s.66 Arms Act Occupier of premises/driver of vehicle and any FAPRIE found thereinEVERY person occupying land/building or the driver of a vehicle in which a FAPRIE is found is deemed to be in possession UNLESS proves that it was not his property and in the possession of another person (on balance of probability by defence)
- 3HEPI v R (Firearms found in house)S/W at property, cannabis and firearms found although no one home. HEPI owned the house so was deemed to be in possession. Crown proved he was the occupier so deemed to be possessor
- 4Police carriage of firearms Who can carry firearms and what certification is requiredConstables and employees specifically authorised to do so by the Police Commissioner (Arms instructors).
Current NZ 1st aid cert
PITT certified for firearm used - 5When can police carry firearms?When Perceived Cumulative Assessment is in/likely to escalate to DEATH/GBH -or-
-On duty AOS/STG
-Full time/rostered District Crime Squad
-DPS if authorised by DPS supervisor
-Security designated Airport duties
-Escort/guard for valuables
-To destroy animals
-Pursuant to Op Instructions by Insp
-Training purposes - 6What must you wear if you deploy to a firearm incidentApproved Ballistic armour
Armour to be kept in patrol vehicles carrying police firearms and stored where firearms kept at Station - 7What are the rules about the display of Glocks?Must be carried in an authorised police holster.
Empty holsters are not to be worn as a matter of course - 8F061 Explain what it isPolice employees must always be aware of their personal responsibilities when using firearms.
An employee is criminally liable for any excess force used; minimum force must be applied to effect the purpose. - 9A firearm should not be used unless it can be done so without endangering any other personYip, what more can I type?
- 10What three conditions need to be satisfied before firing a firearm-First asked to surrender (unless impractical or unsafe)
-Cannot be disarmed/arrested without first being shot
-Further delay in apprehending the offender would be dangerous/impractical - 11What is the personal responsibility of police for knowing when firearms may be usedEvery police officer issued with a firearm is personally responsible for ensuring they are conversant with relevant law, particulary s39, 40, 41, 48 and 62 and F061
- 12What is section 39 of the Crimes Act 1961Force used to execute process
or effect arrest
A process includes execute sentence, warrant or other process - 13What is section 40 of the Crimes Act 1961Use of force to prevent escape or rescue
- 14What is section 41 of the Crimes Act 1961Use of force to prevent suicide or certain offences
- 15What is section 48 of the Crimes Act 1961Use of force for self defence or defence of another
- 16What is section 62 of the Crimes Act 1961Every one authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess
- 17Making the decision to fire. What can you take into account in making the decision to fire.Your own observations (PCA)
Consider any information supplied by other people - 18Using Self defence s48 as a claim for firing at an offender. What is necessary?Reasonable cause to fear death/GBH to self/another and could not otherwise protect self/other in less violent manner
No justification to fire is suspect is no longer a threat to life regardless of previous actions - 19What is the general rule regarding warning shots?Should not be fired and only fire if:
-extreme caution to safeguard others
-suspect asked to surrender (if practical)
and has not done so; AND
-it can be clearly aimed as a warning shot - 20What is the general rule regarding shooting at motor vehicles?Should not fire at vehicles except in very exceptional circumstances.
High probability of missing or ricochet increasing the risk of death/injury/harm/damage - 21What principals should your apply when dealing with armed offenders?-Better to take matter too seriously than too lightly
-Treat all armed offenders/suspected armed offender as dangerous and hostile unless definite evidence to the contrary
-Make every effort to prevent casualties
-Caution is not cowardice. If permits cordon, contain and appeal surrender
-Never go unnecessarily into danger unless acting in a way making casualties likely them must act immediately. - 22What are the general principles regarding carrying TASERS for firearms jobs?Guided by tactical options framework - although you MUST carry a TASER (if available) when carrying a firearm.
Should NOT consider using a TASER against an armed subject
(used in support of firearms) - 23What report needs to be completed for a police firearms presentationA Tactical Options Report must be completed and forwarded to your supervisor
Doesn't apply to AOS/STG on an operation or any employee on training - 24What constitutes an unintentional dischargeEmployee accidentally discharges
Firearm malfunctions and fires
Firearm intentionally fired but unintended result (eg training accident) - 25Issuing firearms; any personn issuing or returning firearms must ensure what protocols are followed:-Firearm register completed issue/return
-Firearms cleaned and considered safe for immediate operational use
-Firearms/ammo accounted for
-No equip retained (not AOS/STG) - 26What post operational procedures are there for a TASER deploymentWhen a TASER deployed against another person must notify a supervisor asap. In remote areas notify the nearest on duty supervisor
- 27When do you need to complete a TOR for the TASER?In all cases where TASER is shown or used
EXCEPT
-Training
-AOS/STG - 28TASER evidential disclosureResponsibility of O/C file.
If footage requested, contact District TASER coordinator to obtain DVD.
PPS may also assist if O/C requests assistance or s30 application is made - 29Sudden death What is the role of a coroner in a sudden deathReceive report from police
Decide if PM necessary (direct pathologist)
Authorise release of body
Decide if enquiry necessary (inquest) - 30What is the purpose of a coroners inquiry?Establish a person has died
Persons identity
Where/when person died
Cause of death
Circumstances of death
Make recommendations
Determine if public interest served by death being investigated by others - 31What sort of deaths MUST be reported to the coronerWithout known cause
Suicide
Unnatural or violent death
Where no Doctors Certificate issued
Death in childbirth or result of pregnancy
Death in custody or care - 32Responsibility of reporting a deathAny person who finds a body MUST report that finding to police ASAP unless
- already known to police; or
will be reported to police - 33Police reporting of deaths to duty coroner. What obligations do police have to reportA police officer who finds a body or a report of a death must report that death immediately to the coroner
- 34How do police contact the coroner to notify them of a death?Via the National Initial Investigation Office (NIIO) on an 0800 number or to the monitored email address
NIIO is a 24/7 office. - 35Investigations of death by policeIf a death is reported to a coroner by police, the Commissioner must call an investigation to be made:
to help achieve the purpose of the act in relation to death; -or-
as directed by the coroner - 36Initial reporting to coronerMUST occur immediately after police attend a scene and confirm a death requiring reporting to the coroner has occurred. Use NIIO 0800 number or email.
Greater detail provided later on POL47 - 37Examination of the body at the scene. Factors to consider to determine if suspiciousSuicide in an unusual position
Death with no apparent cause
Poisoning but no suicidal ideation
Body in burned building
Injury inconsistent with accident - 38Recording statements for the coronerNotebook statements are NOT acceptable
- 39Sudden deaths involving firearms What to do with the firearmIf not qualified secure and seek help
If qualified, assume firearm loaded, empty magazine & action to render safe.
Label and secure firearm and exhibits - 40Removing the body and Custody of body for coroners mattersIf death is one that mus be reported to the coroner, they have exclusive right to the custody of the body and must secure it until the death is reported to the coroner. Once reported, the coroner has exclusive right to custody and will give police directions about removal for a PM. Body in coroners custody until they authorise it's release
- 41Removing the body - coroners matterA coroner may give any direction they see fit about removal of the body.
A body MUST NOT be taken from the place of death via a funeral home unless direction given by coroner - 42Arranging removal of body by the funeral directorsContact the Coroners Services NIIO and advise -location of body, phone of o/c at scene and any other relevant info.
Dr should pronounce life extinct before it is moved. If family present tell talking body to place of safety for coroner to decide if PM necessary. Family not required to use the same funeral director that removes body. - 43What do you do with a death with no suspicious circumstancesImmediate family can arrange for body to be removed provided;-
Deceased's doctor located and a certificate for the cause of death is issued; AND
it is not a coroners matter - 44A body with no suspicious circumstances about the death but the deceased's doctor cannot be located to issue a cause of death certificate what do you do?Do not leave the body with the family with the expectation that the doctor will issue the certificate when located.
Consult the coroner for directions. - 45What do you do if the immediate family doesn't allow the body to be removed?Police have power to remove body with warrant; AND seize evidence (w/o warrant)
Try consult coroner and others first
(e.g. Iwi, pacific liaison officers, victim support) - 46Applications for warrants to remove a bodyApply to District Court Judge if -
coroner given directions to remove body and RGB body in place contrary to coroners directions. Police have negotiated and used all other reasonable means without success.
May use reasonable force to
enter, search and seize - 47Warrantless power to seize evidence relevant to PMIf complying w/coroner to remove body (or executing warrant to remove body) may w/o warrant (use reasonable force) to obtain evidence relevant to PM; AND the evidence was in/on immediate vicinity of the body
Evidence must be delivered to coroner. Within 5 days provide a written receipt to the owner oroccupier - 48Security of the body (coroners matter)If death to be reported to coroner, secure the body until a medical examination ordered by the coroner is complete
May require police to inform coroner of concerns of immediate family who wish to view/touch body. The concerns can include risks to determine cause of death, contamination, security of body - 49Viewing, touching or remaining with a body that is in the coroners careIf authorised by coroner and in accordance with any conditions issued;
immediate family or their representatives, or chosen by immediate family (ministers or similar etc) may view, touch or remain with or near the body - 50Advising immediate family of death of significant mattersIf a death subject to coroner and must be reported, police assist coroner by informing the immediate family asap of the death.
When reporting to the coroner is not required, police must inform immediate family as soon as the deceaseds identity is confirmed - 51Coroner to notify persons of PM, inquiry and inquestA death reported to the coroner requires them to give notice to family representatives and others with interest in the death. Police may be called to assist the coroner to give notice to the family
- 52Death of a person in police custody What do you do?Immediately freeze scene and preserve all evidence (inc. charge sheet)
Advise supervisor who will call CIB and establish nature of enquiry (if force used prior to/during/after arrest a homicide enquiry MUST be commenced).
Ensure the Dist. Cmmdr informed who informs National Mgr Professional Stnds. - 53Police Act 2008, s32 Obtain identifying particulars of a person in custodyConst may take ID particulars (name/add/dob, photo, prints) of a person in lawful custody if detained for an offence and is at police station
(or other such place).
Take in a manner reasonable in circum.
May use reasonable force as necessary
If person fails to provide, caution > arrest - 54Police Act 2008, s33 Identifying particulars for summonsHave good cause suspect person commit offence and intend to summons MAY detain person (any place) to take ID particulars (for period necessary).
Manner reasonable in circumstances
Force as reasonably necessary
Fail to comply is offence - 55Police Act s36 Care of intoxicated personsIntoxicated person in p/place or intoxicated while trespassing
May detain/take into custody if
reasonably believe person incapable protecting self from harm or may harm another OR likely case significant property damage,if not practicable to take home/shelter.
Must be released sober, max 12hrs (unless Dr advises up to 12 hrs more) - 56Intoxication definitionObserve - affected by alcohol, drugs, substances so coordination, speech, behaviour and balance are clearly impaired
- 57Victims Rights Act s7 Treatment of victimsTreat with COURTESY and COMPASSION;
AND
respect DIGNITY and PRIVACY - 58Victim Rights Act s8 Access to servicesVictim/member their family who has
welfare/health/counselling/medical/legal needs arising from offence
Should have access to those services (access via victim support or refuge) - 59Victim Rights Act s8 Access to services; how do police ensure it occurs after an arrestApart from phoning victim support, the CVS1 (Court Victim Advice form) will offer further support to victims an advise how the system works and the progress of their case.
- 60Victim Rights Act s11 Information about programmes, remedies and servicesVictim must ASAP after coming into contact with an agency (Police, ACC, DHB, MOJ, MSD, Corrections etc)
MUST be given information by the agency about their services available - 61Victim information When a victim meets an agency, is that agency obligated to give information about services provided by any other agencies?No. For example police do not need to provide victims with information about ACC entitlements
- 62Victim Rights Act s12 Information about proceedings/ A victim must be given info by investigating authorities about what matters?Progress of investigation
Charges laid or reasons for no charges
Victims role as witness
Possible court orders (identity of victim)
Date/place of appearances,hearings etc
Outcome of prosecution/appeal etc
Record in NIA victim node for all files - 63Victim Impact Statements Purpose of victim impact statements-Enable victim to provide info to court regarding effect of offending.
-Assist court to understand victim views on offending.
-Inform offender of impact of offending from victim perspective
-Assist any order sought (reparation) - 64Victim Impact Statements Information to be ascertained from victimProsecutor must make all reasonable efforts to ensure info is obtained from victim and includes;
-physical injury/emotional harm
loss/damage property - 65Victim Impact Statements How do they relate to children or young persons under 17yrsA CYP who is present or involved as a victim or witness should be included in the Victim impact process the same as the primary victim.
- 66Victim Impact Statements How do they help the court?Assist court by providing information;
effect of crime on victim to balance info in offender pre sentence report
-provide victim with input into admin of justice
-force offender to recognise what they have done - 67What is the maximum age of a victim impact statement28 days from date of signing.
Update it by adding to bottom and dating.
Can include photos/drawings/
Can be electronic/written
Must be verified (signed) as true - 68Victims of Specified offences What is a specified offence?-Sexual nature
-Serious assault
-Results in serious injury/death/incapable
-Victim on going fear on reasonable grounds for safety/security of self and immediate family - 69Specified offences Can a offences which aren't listed as a specified be included?Yes - presentation of a loaded firearm was led in the court to be a serious assault.
Threats to kill and arson are also included (fearing release of person)
-Also applies to Youth court- - 70Who completes the VNR (for specified offences)VNR handed to victim by O/C; it's up to the victim to decide if they wish to register
- 71What sort of info does a victim expect to receive for being registered on the VNRTemp release/escape from prison
Absconding from HD
Impending prison release
Convictions for breach release conditions
Recalls to prison
Parole hearings/decisions
Deportation hearings
Claim opportunities - 72How do you tell if your victim is successfully on the VNRCheck the bullyboard under Notifications - victim notification query
- 73Victim Rights Act Victims views about bail for offenderIf the victim is of a specified offence; AND
the person accused applies for bail
the prosecutor MUST make all reasonable efforts to obtain victims view on bail and inform the court of those views - 74Victims view on bail for specified offences What obligations does the court haveThe court is required to take the victims views into account
Victims views relevant to release on bail and bail conditions but NOT to a variation of bail conditions - 75How does the court obtain the victims views on bailEither through an Opposition to Bail or in the covering 258 to the prosecutor
- 76What obligations do Police have in relation to bail for specified offencesMust promptly tell the victim the accused released on bail and advised of any bail conditions and any non association conditions
- 77Police to give victims of specified offences information about the right to ask for notice and appoint a representativeVictim of a specified offence may appoint someone to receive info on their behalf, must supply their name and address
Up to that person to receive and pass the notifications onto the victim - 78VNR and Youth DiscussWhile the VNR applies to youth offenders for sentencing and imprisonment matters, it does not include being informed that the youth is in police or CYF custody
- 79VNR Representatives for notice who can victims nominate for the VNR infoA victim may appoint anyone they see fit
- 80Victim Rights Act s49. Complaints Can victims complain?If a victim feels they are not being accorded their rights they may complain-
-person who is require to provide right
-ombudsman
-IPCA
Privacy Commissioner - 81Victim Rights Act How does the legislation oblige police to treat victims?Courtesy and respect
and
access to services which are
responsive to their needs - 82How will any failure to meet police obligations for victims be reportedPolice must report these failures to Parliament as part of yearly reporting process which will have flow on effects for operational responsibility and generate a negative public impact
- 83What is the role of a supervisor in a CSV1To ensure the O/C had completed and attached a CSV1 to the file in every case and
a copy is emailed to the local court victim adviser BEFORE the first appearance - 84Discuss the return of property held as evidenceProperty held as part of an offence for evidence as much as possible to do so,must be returned to the owner asap after it is no longer required to be held.
Doesn't apply if owner doesn't
wish it's return.
Información
- Descripción
- Fichas sobre Firearms, TASER, Sudden Death, Police Act, Victims Rights Act, creado por PhilandTracy Sayers el 11/06/2015.
- Creado por
- PhilandTracy Sayers
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