Fleeing Driver & Sudden Death

Question 1

Define ‘fleeing driver’.

Answer 1

A driver who has been signalled to stop by a constable but fails to stop or remain stopped, or a driver who flees as a result of Police presence, whether signalled to stop or not.

Question 2

In the fleeing driver policy, what is the paramount consideration and how will it be achieved?

Answer 2

Safety - through a clear and common understanding of roles and responsibilities outlined in the policy and applying TENR

Question 3

The TENR risk assessment must balance what three things?

Answer 3

1. Initial threat posed
2. Necessity to apprehend and
3. Risk of harm to any person

Question 4

Each fleeing driver event will be reviewed to determine what 5 things?

Answer 4

Whether the decision was:

1. Appropriate
2. Lawrful
3. Justified, considering all the circumstances
4. Compliant with Police Instructions and
5. Whether there are lessons to be learnt

Question 5

There are 10 overall principles regarding fleeing driver events - summarise all 10.

Answer 5

1. Safety takes precedence over immediate apprehension
2. Failing to stop or remain stopped not in itself sufficient reason to commence pursuit
3. Investigation preferred over pursuit
4. Pursuit only justified if threat outweighs risk of harm from pursuit
5. Police will consider impact of response on the risk of harm - particularly re children or YP
6. All staff share collective responsibility to achieve common purpose of safe management
7. Decision not to pursue will be supported
8. All events will be investigated to ID offender & hold to account
9. Fleeing driver events will be reviewed
10. Staff may be criminally liable if manner of driving contravenes legislation

Question 6

In deciding whether to stop a driver, consideration should always be given to what?

Answer 6

Delaying the signal to stop while coordinating tactical options or waiting for wider environment to become safer

Question 7

When must an initiating driver decide whether to commence a pursuit if driver fails to stop (or remain stopped)?

Answer 7

BEFORE signalling a driver to stop.

Question 8

If information available indicates a driver is likely to flee, what should the ECC be advised of?

Answer 8

• Reason for wanting to stop
• Intention to stop
• Whether pursuit will be initiated if driver fails to stop

Question 9

How should any event where a driver made a deliberate decision not to stop be resulted?

Answer 9

K6 - followed up with an investigation to ID driver and hold to account.

Question 10

If a decision is made to commence a pursuit, what must you tell ECC?

Answer 10

The initial reason for signalling the driver to stop.

Question 11

What is and is not the role of the DCC and NCCC during pursuits?

Answer 11

No command role during a pursuit. May provide situational intelligence to staff and ECC

Question 12

When MUST a pursuit controller direct the abandonment of a pursuit?

Answer 12

• TENR identifies risk of harm outweighs initial threat and need to immediately apprehend
• ID of driver becomes known
• Pursuing unit loses contact with fleeing driver
• Sustained loss of comms with pursuing unit(s)

Question 13

Who can direct the abandonment of a pursuit?

Answer 13

• Dispatcher
• Initiating or secondary units
• Field supervisor
• Pursuit controller

Question 14

After a fleeing driver event, when must a fleeing driver notification be entered?

Answer 14

Before the end of shift or, with approval, within 5 days of the end of shift and before going on RDOs or leave

Question 15

What are the responsibilities of a supervisor after a fleeing driver event (level 1 review)?

Answer 15

• Hot debrief with ECC and staff
• Ensure notifications & NIA records completed
• Supervisor to attend to above if staff unable
• Review notification to ensure compliance (within 5 days of submission of notification)
• Ensure health & safety reporting completed if required
• Ensure investigation to ID offender initiated if required

Question 16

What are the responsibilities of district reviewer following a fleeing driver event (Level 2 review)?

Answer 16

• Review notification (within 5 days of submission)
• Review ECC recording
• Review ASU footage (in conjunction with ASU representative)
• ID and manage or escalate H&S risks, training issues, systemic issues or lessons learnt
• Ensure there is a corresponding NIA record
• Ensure complies with any national review process

Question 17

Under what circumstances will permission be granted to pursue a vehicle where it has previously been pursued and subsequently abandoned? And who makes this decision?

Answer 17

Exceptional circumstances, where threat posed and necessity to apprehend outweighs risk of pursuit. Decision made only by the shift commander.

Question 18

Who can authorise a non-compliant vehicle stop?

Answer 18

AOS or STG commander

Question 19

Who can authorise TDD on a heavy vehicle?

Answer 19

ECC Shift Commander

Question 20

If a fleeing driver is not apprehended at the time, who has primary responsibility for ensuring a NIA file has been created and subsequent inquiries?

Answer 20

Field supervisor

Question 21

What is the primary role of the Air Support Unit (ASU) in a fleeing driver event?

Answer 21

Maintain observations and provide pursuit controller enhanced situational awareness to inform TENR

Question 22

What may the pursuit controller request ASU to do?

Answer 22

• Take over commentary

- Assist in coordinating ground units to resolve event

Question 23

Does the direction to abandon pursuit also apply to ASU?

Answer 23

Yes

Question 24

Following the direction to abandon pursuit, the pursuit controller may give ASU further directions - what may they include?

Answer 24

• Maintain obs with no commentary
• Maintain obs with limited commentary
• Maintain obs with full commentary
• Vacate the airspace

Question 25

When can AOS or STG undertake a non-compliant vehicle stop?

Answer 25

- Directed by AOS/STG commander - Trained in its use and; - Undertaken in accordance with AOS/STG SOPS

Question 26

In deaths where the coroner determines that will be no need for a post-mortem and wishes to release the body back to whanau under S31 of Coroner's Act 2006, what must the coroner take in to account?

Answer 26

Section 43(1) of Coroners Act 2006 - must not authorise release earlier than 24hrs after notifying a constable of the decision. This does NOT apply if Snr Sgt or above agrees to release within 24hrs.

Question 27

When considering whether to agree to release a body within 24hrs (in accordance with S43 Coroner's Act 2006), what is the Snr Sgt or above to consider?

Answer 27

Are Police satisfied a post-mortem is not required because there are no potential crime concerns?

Question 28

Why would Police refuse to sign a COR 30 in relation to S43 of the Coroner's Act 2006?

Answer 28

There must be an evidential basis - in effect, evidence that has not previously been supplied to the Coroner.

Question 29

What is the hierarchy of identification of a body?

Answer 29

1. Visual 2. Fingerprints 3. Odontology 4. Comparison ID Process 5. DNA

Question 30

When visual identification cannot be established, who do you consult?

Answer 30

District DVI team. Keep the duty coroner informed through NIIO.

Question 31

It is not appropriate for police to make premature comment about a death that is before a coroner. What should you do if asked for comment?

Answer 31

- Seek advice from Police Media Team | - Consult with Coroner in cases when Police wish to make comment in relation to an active coronial investigation