Road Policing

PhilandTracy Sayers
Flashcards by PhilandTracy Sayers, updated more than 1 year ago
PhilandTracy Sayers
Created by PhilandTracy Sayers about 6 years ago
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Flashcards on Road Policing, created by PhilandTracy Sayers on 06/10/2015.

Resource summary

Question Answer
Employees must drive at an appropriate speed and manner and bear what over riding principals in mind? Individual responsibility Prioritise public and police safety
What is urgent duty driving Constable on Duty is driving above the speed limit or the natural flow of traffic AND may not be complying certain traffic rules
When can you urgent duty drive? -Responding to critical incident -Gathering evidence of alleged offence -Apprehend offender traffic/crim offence apprehend fleeing driver -Engaged in activities approved by Commissioner in writing
What sort of defence are you replying on for urgent duty driving? Defences under the Land transport Road User Rule and LTA for not complying with certain traffic rules which would prevent execution of that duty
Road Policing. What is a critical incident (responding to critical incident for urgent duty driving) Force or threat of force involved Any person risk of serious harm Police responding to people in act of committing a crime
What sort of factors are there to consider when deciding to commence/continue urgent duty driving Time of incident (still happening?) Nature/seriousness incident Proxmity of other units Environment (road, weather, traffic etc) Driver classification Warning devices activated or tactical approach
What are the obligations for warning devices for urgent duty driving? Police MUST use flashing lights AND sirens at all times (continuously) unless a tactical approach is used
What is a tactical approach in urgent duty driving? Driving without lights/sirens Exception rather than rule MUST reflect increased justifable risk -adjusting vehicle speed -turning off/on siren and lights
What circumstances would you use a tactical approach in urgent duty driving? To bring patrol closer to offender/incident without alerting anyone eg suicidal person approaching scene of crime in progress MUST be used in conjuction with TENR
Justifying a tactical approach Canonly be used in exceptional circumstances. Will need to justify your decision in any investigation. If no lights/sirens then no defence for proceeding through lights/intersections
Can you use a tactical approach for a fleeing driver? NO Once a fleeing driver incident initiated any deactivation of warning devices must be in line with the driver abandonment policy
Role of a field supervisor when a member is involved in urgent duty driving -Manages police performance relating to driving behaviour -ID & manages staff health & safety risks -Immediately reports police breach to supervisor -Investigates and reports any crashes involving police vehicles
What is the over riding principle of the fleeing driver policy? Public and staff safety take precedence over the immediate apphrension of the offender
What is the purpose of the fleeing driver risk assessment To determine if a pursuit should be initiated or continue or be abandoned
When do you carry out the fleeing driver risk assessment Both prior to and during the pursuit
What are the risk factors in the fleeing driver policy - Speed and Manner of driving (speed limit; is driving getting worse) -Occupant characteristics (known, what offence, vehicle stolen?/number and age of occupants) - Weather (driving conditions and light) Environment (location - near school?, type of road, hazzards) -Traffic (conditions, volume, pedrestrians, time of day) -Officer ability (hands free radio, experience, PPDP class, other units)
After considering all of the risk factors determine if the need to immediately apprehend the offender is outweighed by the potential risks to who? The public Occupants of pursued vehicle Occupants of police vehicle(s)
What must you do when a pursuit is initiated? Advise Comms immediately Give risk assessment as prompted by dispatcher Provide regular sit-reps
Apart from danger, when will COMMS be likely to abandon the pursuit ID of driver becomes known Offender doesn't pose immediate threat to public staff safety Driver can be apprehanded later
How many vehicle will COMMS allow in a pursuit No more than TWO unless tactically appropriate (eg dog handler in vicinity)
What is the role of a field supervisor during a pursuit? Advise the pursuit controller of any relevant information May recommend pursuit be abandoned
Responsibilities of field supervisor after a pursuit -Report any non compliance to supervisor -Ensure the pursuit notification is completed by the primary unit prior to end of shift. If the primary unit is injured the supervisor should complete it. -Review and approve the pursit notification in a timly manner.
Pursuit tactical options Who may initiate it - and under what conditions exist? Driver, police passenger, pursuit controller Must be abanded if directed by any of these prople and abandonment procedure must be followed
Pursuit tactical options Tyre deflation devices. Who may initiate it -Initiate by pursuit controller to trained staff except in exceptional circumstances -Comms shift commander for heavy vehicle deployment
Pursuit tactical options Arial surveillance. Who may initiate it and under what conditions? Initiated by pursuit controller. Must be used when available to take over responsibility of providing commentry to pursuit controller
Pursuit tactical options AOS / STG non compliant vehicle stop Who may initiate it and under what conditions? AOS/STG commander initiates Response to life threatening incident, must follow AOS/STG SOP's and only those trained in tactic
Tyre deflation devices (TDD) When can they be deployed -On authority of pursuit controller (except in exceptional circumstances) -On heavy vehicles only with approval of Comms shift supervisor -In accordance with TDD chapter -By trained staff
What sort of vehicles should spikes not be used on? Motorcycles
Abandoning a fleeing vehicle Who can abandon a pursuit? -Driver of primary unit -Police passger of primary unit where senior in rank/service/PPDP classification -Pursuit controller In case of a single man Primary unit, the secondry unit may recommend to abandon pursuit
What is the criteria for abandoning a Pursuit -Offenders ID becomes known -Distance is such that required speed to catch is an additional risk -Person injured in pursuit and no one else available to render assistance -Sustained loss of contact between primary and/or secondary units with COMMS -or- fails to provide COMMS critical info in timely fashion. -Lights/sirens fail to operate -Risks change and outweight immediate need to apprehend
Pursuit - what is the search phase On abandonment of pursuit, COMMS may authorise units to undertake a search to locate the offending vehicle. This means there is no longer justification for any urgent duty driving so search must not exceed posted speed limit.
Pursuit search phase What do you do if the fleeing vehicle is located Unit permitted to signal driver to stop If fails to do so and attempts to evade, approval from pursuit controller require to recommence pursuit before it can continue
Pursuit - search phase Recommencing a pursuit When will the pursuit controller give approval to recommence a pursuit? Situation has changed since abandonment Risk criteria indicates the risks involved have reduced, so the need to immediately apprehend the offencer is no longer outweighed by the risks of pursuit
LTA, s113 Enforcement officer may enforce transport regulations. What powers does it provide? May direct a person on a road (whether or not in charge of a vehicle to provide ID particulars of the driver/person in charge of the vehicle -Inspect/test/examine any part of vehicle -Inspect LTA docs (warrant/reg) -If RGB vehicle causing a obstruction to road/property, enter vehicle for purpose of moving it or move or cause vehicle to be moved -direct driver to move vehicle from road if required in public safety -forbid an unlicenced driver to drive
LTA, s114 Power to require driver to stop and provide details. What are the police obligations/powers -Uniform Officer in vehicle flashing red/blue lights or siren require driver stop -Driver must remain stopped as reasonable required (max 15 mins) -Driver to povide ID particulars and if not owner of vehicle, their details -No power to stop vehicle when intent is not related to traffic enforcement
LTA s119 Power of entry Officer has good cause to suspect person failed to stop; AND reckless driving -OR- recently driving under influence alcohol/drugs; AND is freshly pursuing -MAY without warrant enter by force any premises person entered
LTA s120 Arrest for alcohol/drug related offences -OR- assault on officer Good cause to suspect person committed offence (EBA/Drugged driving); -OR- Assaulted officer while acting in execution of duty May arrest if fails to complete impairment test If by non sworn must asap deliver to custody of sworn member
Enforcement officer may immobilise vehicle in specified circumstances. What are they? RGB person in charge of vehicle by way of physical/mental impairment incapable of proper control of vehicle -or- doesn't complete impairment test (or fails/refuses) OR fails to comply with driving hours (trucks) MAY -forbid person from driving -direct drive to a specified place to rest -take possession of keys -immobilise vehicle Where a positive EBA, forbid to drive for 12 hours
Officer may give directions or immobilise a vehicle if the driver breaches licence conditions -Forbid driving until able to comply with their licence conditions -Direct drive to a specified place (eg home) - Take keys -Immobilize vehicle
TAPARA v POLICE Stopping vehicle Police saw male who wanted to speak to. Driver failed to pull over. Because they were using LTA to pull the vehicle over they had no right to do so when they only wished to speak to the driver (no road policing activity).
R v THOMAS Stopping vehicles LTA s114 CA314B and 317A Vehicle changed lights w/o indication QVR showed owner drug convictions Vehicle 3T'd 3km later; cannabis smelt 18(2) invoked; found cannabis & cash Not unlawful to use s114 LTA to stop a vehicle for purpose not related to traffic enforcement. Dismissed
If you wish to stop a vehicle for a purpose other than traffic enforcement (search or arrest) what legislation should you use General power stop vehicles s121 S & S Act for the purpose of statutory search S & S Act s9 - to arrest U/L at large or committed offence punish by prison
Johnston v Police Vehicle stopping procedure LTA s114 CIB in unmarked vehicle stopped vehicle for a road worthiness check. They saw a toolbox on the back seat & suspected it stolen. Arrested driver who appealed. Officers not in uniform and no lights/siren used required in s114. HELD as unlawful stop and arbitary detention.
Police v DUFF Roadside enquiries s114 DUFF pulled over for speeding. Gave his details and told to wait by officer while he checked his ID but DUFF drove away. High Court agreed that police may carry out enquiries under s114 related to road transport purposes (confirm ID, WTA, licence, vehicle checks etc)
PAGE v POLICE Failure to identify s119 PAGE driving from pub with no lights. Seen by police; stopped with red/blues. PAGE drove home. Spoken to - admitted drinking, EBA procedure carried out. Appeal HELD as police failed to ID themselves and advise occupant that entry to his property was being exercised under s119 LTA (requirement of act)
When can you temporarily close a road? Reasonable cause to believe -disorder, danger to public, offence (+10yrs) committed/discovered that place. For a period that is reasonably necessary
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