PPRA

Question 1

What does PPRA stand for?

Answer 1

Police Powers Responsibilities Act 2000

Question 2

True or False: Police officers do not have to comply with the PPRA when enforcing the law?

Answer 2

False

Question 3

True or False: Police officers who contravene the PPRA can be dealt with as provided by the law (face disciplinary action)?

Answer 3

True

Question 4

True or False: If a member of the public is not committing a crime/offence police officers cannot approach and speak to the person?

Answer 4

False

Question 5

True or False: It may be necessary for a police officer to use reasonable force under the PPRA to enter and detain a person without a warrant under a provision of the Public Health Act 2005, because that Act does not include a provision allowing police to use reasonable force to enter a place?

Answer 5

True

Question 6

What is s.19(1) of the PPRA

Answer 6

General power to enter to make inquiries, investigations or serve documents

Question 7

What does s.19 (1) of the PPRA allow police to do?

Answer 7

To ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass.

Question 8

What are the elements of the s.19 (1) of the PPRA

Answer 8

1. Police officer performing a function of the service
2. May enter and stay
3. On a place in circumstances
4. That may otherwise be trespass

Question 9

What are three examples where a police officer may enter a place and stay for a reasonable time to inquire into or investigate a matter under s.19(3) PPRA

Answer 9

1. The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.
2. The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.
3. The entry may be for finding out if a missing person is in the place.

Question 10

s.19(4) PPRA states police may enter and stay for a reasonable time on a place to serve documents. What is a reasonable time?

Answer 10

s.20 PPRA - What is a reasonable time to stay on a place
(1). A reasonable time to stay on a place a police officer enters to investigate a matter, make an inquiry or serve a document must be decided according to the particular circumstances.
(2). If the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service—
(a) ask questions of anyone present at the place;
(b) make any reasonable investigation or observation.

Question 11

s.21 PPRA provides police the power to…
What reasons can a police officer enter a place and stay?

Answer 11

s.21 PPRA - General power to enter to arrest or detain someone or enforce warrant

(1) A police officer may enter a place and stay for a reasonable time on the place—
(a) to arrest a person without warrant; or
(b) to arrest a person named in a warrant; or
(c) to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or
(d) to detain a person who may be detained under an order made under section 471, 484, 485, 488 or 514; or
(e) to detain a person under another Act.

Question 12

True or False: A police officer can enter a dwelling without the consent of the occupier to make inquiries?

Answer 12

True

Question 13

What is the correct term for the following -
(1) A suspicion based on facts
(2) Suspicion is sufficient to give rise to an apprehension of the suspected matter
(3) More than a mere matter of idle speculation or mere imagination
(4) Means that there must be something more than imagination

Answer 13

Reasonable Suspicion

Question 14

A police officer reasonably suspect a person has a weapon, knife of explosive. Can they search the person and what section of the PPRA does this fall under?

Answer 14

Yes.
s.29 - Searching persons without a warrant

Question 15

True or False: Before a police officer can search a vehicle without a warrant they must reasonably suspect the prescribed circumstances exist?

Answer 15

True

Question 16

True or False: Police do not have to advise the driver of the purpose of the search?

Answer 16

False

Question 17

What do these prescribed circumstances relate to and name the section in the PPRA:
(1) May be an unlawful dangerous drug
(2) May be stolen property
(3) May have been used, is being used, or is intended to be used, to commit an offence
(4) May be evidence of the commission of a seven year imprisonment sentence

Answer 17

s.32 - Prescribed circumstances for searching vehicle without warrant

Question 18

True or False: A road, park, beach or a road that is closed to general use by vehicles for a public procession or parade are examples of a public place?

Answer 18

True

Question 19

What is s.40 PPRA

Answer 19

Person may be required to state name and address

Question 20

What section of the the PPRA allows police to require the person in control of a vehicle, other than a train or vehicle being pulled by an animal, to stop the vehicle for a prescribed purpose?

Answer 20

s.60(1) PPRA - Stopping vehicles for prescribed purposes.

Question 21

True or False: If a person fails to comply with the requirement to stop their vehicle, can they have a reasonable excuse?

Answer 21

True

Question 22

What could be a reasonable excuse for a driver not stopping a vehicle when being intercepted by police?

Answer 22

(1) The person reasonably believes that to immediately comply would
endanger the person or someone else; and
(2) The person complies with the requirement at the first reasonable
opportunity.

Question 23

What section of the PPRA provides police the power to arrest an adult without a warrant?

Answer 23

S.365(1) PPRA

Question 24

What does s.609(1) give police the power to do and when does it apply?

Answer 24

Entry of place to prevent offence, injury or domestic violence

(1)This section applies if a police officer reasonably suspects
(a) There is an imminent risk of either of the following happening at a place—
(i) Injury to a person;
(ii) An offence involving damaging property; or
(b)domestic violence is occurring, or has occurred before the officer’s arrival, at a place.

Question 25

When does s.637 PPRA apply to a police officer?

Answer 25

(1)This section applies if a police officer (a) Searches or arrests a person; or (b) Searches a vehicle; or (c) Searches a place, other than a public place; or (d) Seizes any property; or (e) Stops or detains a person or vehicle; or (f) Requires a person to state the person’s name and address; or (g) Gives to a person a direction under section 48 or 177; or (h) Enters a place to make an inquiry or investigation or to serve a document; or (i) Exercises a power as a public official.

Question 26

What details does a police officer have to supply as soon as reasonably practicable under s.637(2)

Answer 26

The police officer must, as soon as reasonably practicable, inform the person the subject of the power of the following— (1) If the police officer is not in uniform— (i) That the officer is a police officer; and (ii) The officer’s name, rank and station; (2) If the police officer is in uniform—the officer’s name, rank and station.

Question 27

When does s.415 PPRA apply to a relevant person?

Answer 27

Applies to a relevant person if the person is in the company of a police officer for the purpose of being questioned as a suspect about the person’s involvement in the commission of an indictable offence.

Question 28

What type of person does s.415 PPRA refer to?

Answer 28

Relevant Person

Question 29

What type of offence does s.415 PPRA refer to?

Answer 29

Indictable Offence

Question 30

What must police inform the person about before they question a relevant person about an indictable offence?

Answer 30

s.418 - Right to communicate with friend, relative or lawyer (1) Before a police officer starts to question a relevant person for an indictable offence, the police officer must inform the person that the person may (a) Telephone or speak to a friend or relative to inform the friend or relative of the person’s whereabouts and ask the friend or relative to be present during questioning; and (b) Telephone or speak to a lawyer of the person’s choice and arrange, or attempt to arrange, for the lawyer to be present during the questioning.

Question 31

True or False: Police must delay the questioning of a relevant person until police are reasonably satisfied the influence of liquor or drugs no longer affects the person?

Answer 31

True

Question 32

True or False: Police do not have to electronically record a confession or admissions made by a relevant person to a police officer?

Answer 32

False

Question 33

True or False: While questioning the relevant person, police are not required to make a written record in English of the things said by the person?

Answer 33

False

Question 34

What is the difference between PPRA and PPRR

Answer 34

PPRA: Is to consolidate and rationalise in one document the powers and responsibilities police have when investigating offences and enforcing the law. PPRR: Tells police how to do it and the wording that must be substantially complied with.

Question 35

When are officers able to exercise police powers within the PPRA

Answer 35

Police can exercise powers under the PPRA so long as prescribed circumstances do not exist.

Question 36

When are officers not to use police powers within the PPRA

Answer 36

Should not be used if prescribed circumstances exist. In some cases other legislation will contain further powers to those exercised under the PPRA.

Question 37

What section contains the police power for the following key point/s - May require the person in control of a vehicle, other than a train or a vehicle being pulled by an animal, to stop the vehicle for a prescribed purpose.

Answer 37

s.60 - Stopping vehicles for prescribed circumstances.

Question 38

What section contains the police power for the following key point/s - Officer who reasonably suspects any of the prescribed circumstances may, without warrant, do any of the following (1) Stop a vehicle (2) Detain a vehicle and the occupants (3) Search a vehicle and anything in it

Answer 38

s.31 - Searching vehicles without a warrant

Question 39

What section contains the police power for the following key point/s - To prevent the continuation or repetition of an offence

Answer 39

s.365(1) - Arrest without a warrant

Question 40

Something in the vehicle may be a weapon or explosive, antique firearm, unlawful dangerous drug, stolen property, unlawfully obtained property, implement of housebreaking (etc)

Answer 40

s.32 (1) - Prescribed circumstances for searching vehicles without warrant

Question 41

May enter a place and stay for a reasonable time on the place to arrest a person without a warrant; May enter the dwelling without the consent of the occupier to arrest or detain a person; if the place is a vehicle

Answer 41

s. 21 - General power to arrest or detain someone or enforce warrant

Question 42

May ask for evidence of the correctness of the stated name and address in prescribed circumstances

Answer 42

s.40 - Person may be required to state name and address

Question 43

Enough time to do what they have to do. Not stay unnecessarily

Answer 43

s.20 - What is a reasonable time to stay on a place

Question 44

Allows a police officer to arrest a person without a warrant at the instruction of another officer where there are lawful grounds for the arrest

Answer 44

s.365A - Arrest without a warrant upon instruction of another police officer

Question 45

Search a person without a warrant if the officer reasonably suspects any of the prescribed circumstances exist

Answer 45

s.29 - Searching persons without a warrant

Question 46

Outlines the circumstances that need to exist to search the person without a warrant to ensure compliance

Answer 46

s.30(1) Prescribed circumstances for searching persons without warrant

Question 47

Prescribed circumstances for requiring a person to state their name and addresses, where a police officer finds the person committing an offence or the police officer reasonably suspects the person has committed an offence

Answer 47

s.41 - Prescribed circumstances for requiring name and address

Question 48

What section contains the safeguard - Applies to a person (relevant person) if the person is in the company of an officer for the purpose of being questioned as a suspect about their involvement in the commission of an indictable offence

Answer 48

s.415 - When does this part apply to a person

Question 49

What section contains the safeguard - Applies if police give someone an oral direction or makes an oral requirement under the Act. If the person fails to comply with the direction or requirement, police must warn the person (1) it is an offence to fail to comply unless there is reasonable excuse (2) the person may be arrested for the offence

Answer 49

s.633 - Safeguards for oral directions or requirements - police officers

Question 50

What section contains the safeguard - Applies to the questioning of a relevant person. The question must, if practicable, be electronically recorded

Answer 50

s.436 - Recording of questioning etc

Question 51

What section contains the safeguard - Applies if police want to question or continue to question a relevant person who is apparently under the influence

Answer 51

s.423 - Questioning of intoxicated persons

Question 52

What section contains the safeguard Applies if a record of a confession or admission is written. The way of written record of the confession or admission is made must comply with subsections (3) to (7)

Answer 52

s. 437 - Requirement for written record of confession or admission

Question 53

What section contains the safeguard - A police officer who is required under this division to give the relevant person information, must, electronically record the giving of the information to the person and their response

Answer 53

s.435 - Rights of a person to be electronically recorded

Question 54

What section contains the safeguard - Requires police to identify themselves with their name, rank and station when undertaking an 'enforcement act'

Answer 54

s.637 - Supplying officer's details