ADPP Final Exams > POWER > Flashcards

POWER Flashcards

(45 cards)

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1
Q

Where is polices powers to seize liquor in the possession of minors?

A

s 11(2) Summary Offences Act 11: Possession of liquor by minors

(2) A police officer may seize liquor in the possession of a person in a public place, if the officer suspects, on reasonable grounds, that–
(a) the person is under the age of 18 years, and
(b) the person is not under the supervision of a responsible adult, and
(c) the person does not have a reasonable excuse for possessing the liquor.

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2
Q

4 Elements of a Traffic Offence

A
  • Road / Road-related area
  • Driver / Rider
  • Vehicle
  • Elements specific to the offence
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3
Q

What certain things can we do with road rule 287 - when to caution

A

Once a driver has supplied a version as required under the rule, they are under no obligation to elaborate or provide further detail regarding the collision. If any further questions are to be asked, they need to be done under caution if it is intended to use the information as evidence in any subsequent proceedings.

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4
Q

What powers do police have under road rule 287 + penalty?

A

It is under Rule 287 that police get their powers to demand a version from a driver involved in a collision.

Penalty $2200

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5
Q

Road Transport Act: Arrest for Breath analysis legislation

A

clause 4 - schedule 3 Road Transport Act 2013 (NSW) Arrest Following a Failed / Refused Breath Test

  • Police have the power to arrest and take back to the station for the purpose of a breath analysis
  • You DO NOT DETAIN YOU ARREST because they went over the limit
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6
Q

What is the Crimes(D&PV)Act 2007 - s89 + s89A
+
What can police direct a defendant to do?

A

S89 Crimes(D&PV)Act 2007 – Detention of defendant for making and service of interim apprehended Personal Violence Order – Applying/serving

S89A Crimes(D&PV)Act 2007 – Detention of defendant for making and service of interim apprehended Domestic Violence Order – Applying/serving

Police may direct a defendant to – Remain at the scene, attend and remain at a police station, or go to another agreed location

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7
Q

To issue a direction under LEPRA s 198, what does the intoxicated person have to be

A
  • Noticeably intoxicated (affected)
  • In a public place,
  • Likely to cause injury to another person, damage to property, risk to public safety, and/or disorderly (DIPS)

Disorderly, Injury, Property, Safety

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8
Q

What are examples of disorderly

A
  • being loud and obnoxious
  • swearing/derogatory comments
  • vomiting
  • offensive behaviour (for example, sexually suggestive moves, etc.)
  • spitting
  • littering with no regard for others while doing it (for example, flicking cigarette butt towards others, throwing glass/contents of the glass on the ground, etc.)
  • pushing people out of the way in a crowded environment not complying with authority
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9
Q

What to do with a Well-affected intoxicated person

A

Provide a duty of care if a reasonable person is not found, to look after them.

Well affected needs to be cared for rather than moved on

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10
Q

What is the difference in the levels of intoxication (5)

A
  • Non-affected
  • Slightly affected
  • Moderately affected
  • Noticeably affected
  • Well affected
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11
Q

What is the relevant conduct needed to be stopped in s 197 of LEPRA? What is the acronym?

A

C – Causing fear
H – Harassment / intimidation
O – Obstructing traffic (person/vehicle)
P – Procuring Prohibited drug
S – Supplying prohibited drug

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12
Q

What do you need to have a lawful arrest?

A

99 (1)(a) + 99 (1)(b) + (202 LEPRA)

  • your intention at the time of the arrest must be to put the person before an authorised person (court)
  • you cannot arrest to investigate, interview or to keep a person while you serve a CIN or field CAN
  • must have a s99 (1)(b) reason
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13
Q

LEPRA S.99 1

A

A police officer may, without a warrant, arrest a person if

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14
Q

LEPRA S.99 1 (A)

A

LEPRA S.99 1 (A)
The police officer suspects on reasonable grounds that the person is committing or has committed an offence, and ….

MUST KNOW - You must have reasonable suspicion that they have or are in the process of committing it. YOU CANNOT ARREST IF YOU THINK THEY WILL COMMIT AN OFFENCE

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15
Q

LEPRA S.99 1 (B)

A

The police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons–
C - to stop the person committing or repeating the offence or committing another offence,
F - to stop the person fleeing from a police officer or from the location of the offence,
I - to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,
A - to ensure that the person appears before a court in relation to the offence,
P - to obtain property in the possession of the person that is connected with the offence,
E - to preserve evidence of the offence or prevent the fabrication of evidence,
H - to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
S - to protect the safety or welfare of any person (including the person arrested),
N - because of the nature and seriousness of the offence.

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16
Q

What is section 86 of LEPRA and what must you hold to obtain?

A

(LEPRA S.86/FIREARMS ACT)
Police must apply for a search warrant if:
- There are reasonable grounds to believe firearms are present, even if parties deny it.
- A person has not complied with surrender after suspension (Firearms Act s. 25)
- Firearms are stored elsewhere (e.g. pistol club, relative’s home)

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17
Q

Under the Mental Health Act what are your powers to transport?

A

s. 81 - Transport of persons to and from mental health facilities and other health facilities

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18
Q

Under the Mental Health Act - transporting section can you search?

A

Section 81 (4) - allows you to conduct a frisk search of the person and remove things that present a danger to the person or could be used to escape

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19
Q

What are polices powers for lawful detainment (for a mental health assessment)

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A

Section 22 (1a) + (1b) + (2)

This person is NOT UNDER ARREST. They have been DETAINED for the purpose of a mental health assessment.

This applies to table 2 and summary offences

20
Q

What are the criteria to detain a person under Section 22 Mental Health Act?
(RRPS)

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A

(1) A police officer who finds a mentally ill or mentally disturbed person may apprehend the person and take the person to a declared mental health facility if the officer believes on reasonable grounds that—

  • IS committing or has RECENTLY committed an offence, OR
  • Has RECENTLY attempted to kill him/her self or someone else, OR
  • It is PROBABLE that the person will kill him/her self or someone else, OR
  • Attempt to cause SERIOUS injury to him/her self or someone else

(1)(b) - It is better (beneficial to their welfare) to deal with them under this Act rather than in accordance with the law

(2) - A police officer can apprehend a person without a warrant under this section and use the same powers given under section 81 to take them to a mental health or other health facility.

21
Q

Under section 81 MHA – explain the subsections on searching/transporting (6)

Study These Flashcards
A

Subsections -
1 - will allow you to assist in the transport of the person
2 - will allow you to use reasonable force and restrain as necessary
3 - outlines that a person may be sedated
4 - allows you to conduct a frisk search of the person and remove things that present a danger to the person or could be used to escape
5 - allows you to seize things found when searching
6 - defines what is meant by frisk search

22
Q

LEPRA s. 11 -
When may identity be required to be disclosed

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A

(1) A police officer may require a person whose identity is unknown to disclose it if the person may be able to assist in the investigation of an alleged indictable offence

(2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity for the purpose of a direction.

23
Q

Section 30 LEPRA - (PRCUT)

Study These Flashcards
A

Rules for general search

A police officer may, during a search:

P – PAT down outer clothing
R – REMOVE outerwear (jacket, gloves, shoes, hat)
C – CHECK items in their possession
U – USE a metal detector on or near them or their belongings
T – TAKE any further action allowed under the Act

24
Q

Section 21 LEPRA (SUDD)

Study These Flashcards
A

Power to search persons and seize and detain things without warrant

S - STOLEN or otherwise unlawfully obtained
U - USED in the commission of a relevant offence
D - DANGEROUS article
D - DRUG POSSESSION- a prohibited plant or a prohibited drug.

25
Section 23 LEPRA
The power to search for dangerous implements without warrant in public places and schools 1. A police officer may stop, search, and detain a person in a public place or school without a warrant if they reasonably suspect the person has a **dangerous implement unlawfully in their possession.** 2. If the person is a student, the officer may also search their **locker and items inside** (like bags). 3. Being in a high-crime area can contribute to the officer's reasonable suspicion.
26
Section 27 LEPRA (DELEU)
Power to carry out search on arrest - (D.E.L.E.U.) **D** – Danger to a person **E** – Escape aid **L** – Linked to an offence **E** – Evidence of an offence **U** – Used or intended for an offence
27
Section 28A LEPRA
Power to carry out search of person in lawful custody after arrest (1) A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search. (2) Any such search may be carried out at a police station or other place of detention or immediately before or during transportation of the person to or from a police station or other place of detention.
28
Section 31 LEPRA
Rules for strip search A police officer may conduct a strip search if: (a) It is at a police station or place of detention, and they **reasonably suspect it is necessary** for the purposes of the search; or (b) In other locations, they reasonably suspect it is necessary and that the **seriousness and urgency** of the circumstances make the strip search necessary.
29
Section 32 LEPRA
Preservation of privacy and dignity during search Inform the person: (a) If they’ll need to remove clothing (b) Why removing clothes is necessary Request cooperation from the person. During questioning: - Search must not occur during questioning - Can only ask questions related to personal safety
30
Section 33 LEPRA
Rules for conduct of strip searches Privacy & Presence: - Must be in a **private area** - No one of the **opposite sex** can be present (unless allowed under subsection 2) - No **unnecessary people** can be present Support Persons: - A parent/guardian/representative may be present if practicable and the person being searched agrees — even if they are of the opposite sex Children or Vulnerable Persons (10–17 or with impaired functioning): - **Must** be searched in the presence of a **parent/guardian**, or - A suitable non-police adult if the person prefers Exception: if delay risks evidence loss or safety, officer must record the reason for bypassing this requirement Restrictions: - No body cavity searches or touching the body - Only remove clothing reasonably necessary - Only conduct visual inspection reasonably necessary
31
Section 34 LEPRA
No strip searches of children under 10 years
32
s. 82 LEPRA
Entry by invitation A police officer may enter and stay in a dwelling if they reasonably believe: - a **DV offence** is occurring, just occurred, is imminent, or likely to occur - Police must be invited by someone who appears to live there (even if they’re a child). 1. Knock 2. inform why you are there 3. ask if you can come in They may enter to: (a) **Investigate** a DV offence (b) **Prevent further** DV offences Exception: They cannot enter or stay if: (a) An occupier explicitly refuses entry, and (b) The officer has no other legal authority to be there.
33
s. 83 LEPRA
Warrant where entry denied or authority to remain refused - Entry has been denied - Police suspect a DV offence is/was/imminent or likely to occur, - It is necessary to enter and investigate
34
s. 85 LEPRA Powers when on premises (RSIAP)
Once lawfully inside, police may – - Render **aid** / check **children** - Search for and seize **firearms** - **Investigate** a DV offence - **Arrest** - **Prevent** a domestic violence offence from happening or happening again.
35
s.87 LEPRA
Police may search and seize dangerous articles/implements if: - Entry was **lawful** under LEPRA - Police **reasonably believ**e the dangerous article or implement (other than a laser pointer) is in the dwelling. - Used in a **DV Offence**.
36
Section 11 Summary Offences Act Reasonable excuse for a juvenile to possess
* A minor is walking along carrying a case of beer and is stopped by police. He states that he was carrying it for his father. He points to his father, who is talking to someone in the street (just check that he is the dad) A teenager may be drinking in a park at a BBQ. Police see the minor drink from a can of beer. The minor is in company of what appears to be a middle age crowd. You just need to make sure that they are being responsible – if they are intoxicated, then they would not be deemed responsible, and an offence has been committed.
37
Section 11 Summary Offences Act What to do with the alcohol once it's seized
If the alcohol is opened, and it is reasonable to do so, you would dispose of it at the time of seizing. If the alcohol container is still sealed, you would need to seize it and take it to the police station. - kept for at least 24 hours
38
Section 11 Summary Offences Act What is the penalty to the child
$20
39
Offensive implement SECT 11B summary offences act meaning
"offensive implement" means-- (a) anything made or adapted to cause injury to a person, or (b) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
40
What do you do in fatal or likely to be fatal crashes?
Power to arrest persons involved in fatal crashes or crashes that are likely to be fatal **for blood and urine tests** (Road Transport Act 2013 sch 3 clause 12). Once the PCA process has been completed, police **MUST ARREST AND CONVEY TO HOSPITAL for the mandatory blood/urine sample to be taken.**
41
Why do we turn a general search s. 30 into a strip search s. 31?
because it must be necessary for the purposes of the search. A general search was completed, and the items suspected to be on the individual were not found The seriousness and urgency of the search make it necessary.
42
Reasonable Grounds Indicator for LEPRA s. 86 Search for firearms
Prior DV/firearm incidents Registered firearms via ILS check Hesitant evasive responses Threats or coercive behaviour
43
s. 9 LEPRA
Power to enter in Emergencies - Enter to stop or prevent a **breach of the peace** - a person has suffered significant **physical injury** or there is imminent danger of significant physical injury to a person - enter to prevent - a person has **died** * CAN only stay for a reasonable time and cannot investigate unless another power applies
44
What particulars do they need to give s. 287 Rule Rules 2014
A driver involved in a motor vehicle collision must stop and provide the following details: - Driver's name and address - Vehicle owner's name and address - Vehicle registration - Any other information necessary to identify the vehicle - An explanation of the circumstances surrounding the crash (PO ONLY!)
45
Under section 85 of LEPRA what must police do?
- Investigate - Render aid - Prevent continuation - Firearms - Children check
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