Final short answers Flashcards

1
Q

AIM

Appreciation

A

The aim is the whole object of the exercise. It is the expression of what you are trying to achieve.

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2
Q

Appreciation

Define:
Commanders intent

Constraints

A

What you are tasked to do or what the situation may require you to do

Any limitations given to you by the commanders intent or out of other information.

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3
Q

Factors to consider

Appreciation

A
  • Human Resources
  • persons to be policed
  • ground
  • time
  • area
  • climate
  • administration and logistics
  • communications
  • courses open to person being policed
  • law
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4
Q

S & S

Section 117

A

Special power with application of search warrant

  • S.W has been/about to be/currently being made
  • officer present
  • enter and secure place/vehicle/other (where authorisation is being sought)
  • secure items
  • direct any person to assist with entry/secure
  • RGTB evidential material may be CADD before decision is made to grant/refuse S.W
  • powers expire in 6 hours or when S.W arrives or is denied
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5
Q

Age for CPP and criteria

A

Under 18 at time of making complaint

  • sexual abuse
  • physical abuse
  • neglect
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6
Q

CPP neglect

A

Person neglect or ill treats a child in a manner likely to cause actual bodily harm, injury, mental disorder, disability

  • not providing food shelter
  • not protecting child from physical harm
  • not accessing medical treatment
  • exposing child to drugs
  • expose child to toxic chemicals
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7
Q

Physical abuse injuries/actions for CPP referrals

A
  • blow or kick to head
  • shaking an infant
  • strangulation
  • use of an object as a weapon
  • attempted drowning
  • a bone fracture
  • burn
  • concussion or loss of consciousness
  • any injury hat requires medical attention
  • any bruising or abrasion (when infant)
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8
Q

CPP timeframes

A

Critical - 24hrs
Very urgent - 48hrs
Urgent - 7 days

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9
Q

Initial 3 steps OT and police must follow

CPP

A

Referral (info sharing between the 2 agencies)
Consultation (discussion at appropriate levels)
Agreement (on initial action, initial joint investigation plan)

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10
Q

Definition of physical abuse

CPP

A

The actions of an offender that result in or could potentially result in physical harm or injury being inflicted on a child. This can also be known as a non-accidental injury. The test for seriousness is determined by considering the action, injury and circumstances.

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11
Q

Definition of sexual abuse

CPP

A

Act involving circumstances of indecency with, or sexual violation of, a child, or using a child in the making of sexual imaging

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12
Q

CPP circumstances

A
  • Child Vulnerability (age, disablity)
  • More than one offender (both parents, family members)
  • History (other incidents, previous death of sibling)
  • High degree of violence (frenzied, enhanced maliciousness or cruelty)
  • Offenders history (severe and frequent family violence, criminal history)
  • Location (educational or health facility)
  • Nature and level of concern (notifier is witness, source)
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13
Q

Questioning a child

A

Do not ask if

  • Child has made a clear disclosure to adult and the adult can give the information
  • If it is unclear what the child has said AND there are no safety concerns
  • if it becomes clear while speaking with child that an offence has occured
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14
Q

O/C Exhibit responsibilities

A

MURDERCLASP

Movement - record all movement of exhibits
Uniquely numbered - ensure all exhibits are
Receiving exhibits from O/C scene
Delivering the exhibits for examination or analysis
Exhibit register - record all exhibits
Relevance of the exhibits, consult the 2 I/C on the relevance and indicate any further enquiries required in relation to exhibit
Continuity maintained through chain of custody
Label - ensure all exhibits are labelled by the finder and accompanied by an exhibit schedule
At court, prepare the exhibits for producing in court
Secure the exhibits
Produce the relevant exhibits in court

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15
Q

Exhibit numbering system key atributes

A

Be Consistent
Allow delegation of exhibit numbers to the staff who will be using them
Cope with multiple scenes
Be compatible with technology, allowing searching to be conducted using exhibit numbers
Encompass all exhibits, e.g MEK’s, reference blood samples and photographs sent to ESR.

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16
Q

Exhibit numbers

A
Admin - 10000
Victim - 15000
Witness - 20000
Area Enquiries - 25000
Scenes - 30000
Suspects - 70000
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17
Q

Storing and examining exhibits

A

Ensure any prompt action necessary to preserve the exhibit has been taken, for example, drying wet or bloodstained clothing in an appropriate drying facility.
AIR DRY ENSURING NOT TO CROSS CONTAMINATE

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18
Q

Damages by Fire

A

Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient

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19
Q

Robbery

Act + Ingredients

A
Section 234(1), Crimes Act 1961
10 years
  • Theft
  • Accompanied By Violence OR Threats of Violence
  • To any person “or” Property
  • Used to extort the property stolen OR Prevent or overcome resistance to it being stolen
20
Q

Commission of an imprisonable offence with a firearm

Act + Ingredients

A
Section 198B(1)(a), Crimes Act 1961
14 Years
  • In committing any imprisonable offence
  • Uses any firearm
21
Q

Administers

A

In the context of drug dealing, the appropriate meaning of “administer” is “to
direct and cause a … drug to be taken into the system” of another person.
BLACK’S LAW DICTIONARY

22
Q

Abduction

A
Section 208(a) or (b) or (c), Crimes Act 1961
14 years
  • Unlawfully
  • Takes away or detains
  • A person
  • Without his or her consent OR with his or her consent obtained by fraud or duress
  • With intent to (a) marry him or her “or “ (b) have sexual connection with him or her “or” (c) cause him or her to be married to “or” to have sexual connection with some other person
23
Q

ASA

Purpose of preliminary interview

A

Gain a better understanding of what has occurred and to determine:

  • What further investigation actions are necessary
  • Whether an offence may have occurred, and
  • Whether the victim wishes to make a formal complaint
  • Victim safety
  • Public Safety
24
Q

4 Steps in controlling a scene

A
FREEZE
From or to scene, no movement.
Remove animals and activity.
Ensure nothing touched or moved.
Every activity is stopped.
Z
Exhibits are protected

If movements are required keep a register

GUARD
Guard is appointed and briefed.
Use civilians if necessary
Assembly point - SFP
Rolls of emergency tape
Define boundaries
CONTROL
Clear the scene, take nothing.
Order witnesses/suspects to clear area.
Not to discuss with each other.
Take witnesses/suspects to station.
Rivals kept apart.
Obtain full particulars.
Left the area - Who has

PRESERVE
The preservation of the scene will rely on your reconnaissance and appreciation to ensure the scene is preserved for the formal scene examination.
All the main areas of examination and any possible exhibits must be protected.

25
Q

Aggravated Wounding

Act + Ingredients

A
Section 191(1)(a) or (b) or (c), Crimes Act 1961
14 Years
  • (a) With intent to commit or facilitate the commission of any imprisonable offence OR (b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR (c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
  • Wounds any person OR Maims any person OR Disfigures any person OR Causes GBH to any person OR stupefies any person OR Renders Unconscious any person OR By any violent means renders any person incapable of resistance
26
Q

Burglary
(Enters)

Act + Ingredients

A
Section 231(1)(a), Crimes Act 1961
10 years
  • Enters
  • Any Building or Ship
  • Without Authority
  • With intent to commit an imprisonable offence in the building or ship
27
Q

Burglary
(already entered)

Act + Ingredients

A
Section 231(1)(b), Crimes Act 1961
10 years
  • Having Entered
  • Any Building or Ship
  • Remains in it without Authority
  • With intent to commit an imprisonable offence in the building or ship
28
Q

Receiving

Act + Ingredients

A

Section 246(1), Crimes Act 1961

  • Receives any property stolen or obtained by any other imprisonable offence
  • Knowing that property to have been stolen or so obtained, or being reckless as to whether or not the property had been stolen or so obtained
29
Q

Supply/Administer/Offer Class C controlled drug to persons Under 18 years of age

Act + Ingredients

A
Section 6(1)(d), MODA 1975
8 years
  • Supplies or Administers OR Offers to Supply OR Offers to administer OR Otherwise deals in
  • Class C controlled drug
  • To any person under the age of 18 years old
30
Q

Class A drug

+ 3 examples

A

CLASS A CONTROLLED DRUG
Means any controlled drugs specified or described in Schedule 1 to this Act.
SEC 2 MODA 1975

  • Cocaine
  • Heroin
  • Methamphetamine
  • Lysergide (LSD)
  • Psilocybine (found in magic mushrooms)
31
Q

How do you void title

A
  • communicate directly with fraudster
  • advise police before goods sold
  • take all possible steps to contact fraudster
32
Q

Aggravated Robbery
GBH

Act + Ingredients

A
Section 235(a), Crimes Act 1961
14 Years
  • Robs any person
  • And at the time of “or” Immediately before “or” Immediately after the robbery
  • Causes GBH to any person
33
Q

Aggravated Robbery
Two people

Act + Ingredients

A
Section 235(b), Crimes Act 1961
14 Years
  • Being together with any other person “or” Persons
  • Robs
  • Any Person
34
Q

Aggravated Robbery
Weapon

Act + Ingredients

A
Section 235(c), Crimes Act 1961
14 years
  • Being armed with any offensive weapon OR Instrument OR Anything appearing to be such a weapon or instrument
  • Robs
  • Any person
35
Q

Rape

A

RAPE
Person A rapes Person B if Person A has sexual connection with Person B, effected by the penetration of Person B’s genitalia by Person A’s penis,
(a) without person B’s consent to the connection AND
(b) without believing on reasonable grounds that Person B consents to the connection
Sec 128(2), Crimes Act 1961

36
Q

Possession a Controlled Drug for Supply/Administer/Sell/Offer

Act + Ingredients

A
Section 6(1)(f), MODA 1975
Life / 14 yrs / 8 yrs
  • Has in his possession
  • Any controlled drug
  • For any of the purposes set out in paras (c), (d) or (e)
37
Q

Disfigures

A

DISFIGURES
To disfigure means to deform or deface, mar or alter the figure or appearance of a person.

The word disfigures covers not only permanent damage but also temporary damage
R v RAPANA and MURRAY

38
Q

R v Kelt

A

Having a firearm “with him” requires “a very close physical link and a degree of
immediate control over the weapon by the man alleged to have the firearm with
him”.

39
Q

Aggravated Wounding

Act + Ingredients

A
Section 191(1)(a) or (b) or (c), Crimes Act 1961
14 Years
  • (a) With intent to commit or facilitate the commission of any imprisonable offence OR (b) With intent to avoid detection of himself or any other person in the commission of an imprisonable offence OR (c) With intent to avoid arrest or facilitate flight of himself or any other person upon the commission or attempted commission of any imprisonable offence
  • Wounds any person OR Maims any person OR Disfigures any person OR Causes GBH to any person OR stupefies any person OR Renders Unconscious any person OR By any violent means renders any person incapable of resistance
40
Q

O/C Scene responsibilities

A

COPS LECTURES

Control/freeze/preserve the scene and ensure its safe
Oversee and coordinate the crime scene examination.
Proving relevant exhibits in court
Staff briefed of their duties.

Link in communication between O/C investigation and the scene.
Ensure scene photo/fingerprints and examined by specialists before search.
Common approach path between police cordon and scene focal point.
Test possible reconstruction.
Uplift, label, record in exhibit recorder and transport exhibits to O/C exhibit.
Reconnaissance to gain overall picture

41
Q

Airgun

A
SEC 2 AA 83
Airgun includes
(a) Any air rifle, and
(b) Any air pistol, and
(c) Any weapon from which, by the use of gas or compressed air (and not by force of explosive) any shot, bullet, missle or other projectile can be discharged
42
Q

CPP

Critical

A

24hrs

No safety or care identified; mokopuna is at risk of serious harm, and requires immediate involvement to establishment safety

43
Q

CPP

Very Urgent

A

48hrs

At risk of serious harm but has some protective factors present for the next 48hrs. However, as the present situation and/or need is likely to change, high priority follow up is required

44
Q

CPP

Urgent

A

7 days

At risk of harm or neglect and the circumstances are likely to negatively impact on mokopuna. Options of safety and supports have been explored but remain unmet. Vulnerability and pattern exists which limits the protective factors

45
Q

Bail Act 2000

8(1)

A

Consideration of just cause for detention

(1) In considering whether there is just cause for continued detention the court MUST take into account -
(a) whether there is a risk that
(1) the defendant may fail to appear in court on the date to which the defendant has been remanded, or
(2) the defendant may interfere with witnesses or evidence, or
(3) the defendant may offend while on bail
(b) Any matter that would make it unjust to detain the defendant.

46
Q

Bail Act 2000

8(2)

A

NSS CHAPT

Nature of offence
Strength of evidence
Seriousness of punishment
Character and past conduct
History of offending
Any other special matter
Prejudicial to the defence
Time before trial

(1) In considering whether there is just cause for continued detention under subsection (1) the court MAY take into account -
(a) the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of a kind
(b) the strength of the evidence and the probability of conviction or otherwise
(c) the seriousness of punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed
(d) the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant
(e) whether the defendant has a history off offending while on bail, or breaching court orders, including orders imposing bail conditions.
(f) the likely length of time before the matter comes to hearing or trial
(g) the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody
(h) Any other special matter that is relevant in the particular circumstances.