Topic 12

Question 1

Summary Offences Act 1988 (NSW) S4(1)

Answer 1

Offensive Conduct

Question 2

Summary Offences Act 1988 (NSW) S4A(1)

Answer 2

Offensive Language

Question 3

S5 Summary Offences Act 1988

Answer 3

Obscene exposure

Question 4

LEPRA S197
And relevant conduct

Answer 4

Power to give general directions in public places for relevant conduct. Directions may be applied for a reasonable time.
Relevant conduct: Causing fear, Harassing/Intimidating, Obstructing Traffic, Procuring proh drug, Supplying proh drug

Question 5

LEPRA S199

Answer 5

Failure to comply (person doesn’t have to move on if presence isn’t an issue, just cease activity. If moving on, S11(2) and S19 must be applied before direction)

Question 6

LEPRA S11(A)

Answer 6

Identity may be required to be disclosed

Question 7

LEPRA S19

Answer 7

Power of police officer to request proof of ID

Question 8

LEPRA S198

Answer 8

Move on directions to intoxicated persons in public persons, directions cannot exceed 6 hours

Question 9

LEPRA S198A

Answer 9

Giving of directions to group of persons

Question 10

LEPRA S204A

Answer 10

Validity of exercise of powers - when issuing directions, IPE must be given

Question 11

Summary Offences Act 1988 (NSW) S9

Answer 11

Continuation of intoxicated and disorderly behaviour following move in direction

Question 12

Crimes Act 1900 S93IB
And reasonable excuses (7)

Answer 12

Custody of knives in public places or schools
Reasonable excuses:
Occupation/education/training
Prep or consumption of food
Lawful entertainment, rec or sport
Exhibition for retail or trade
Organised exhibition
Part of an official uniform
Genuine religious purposes

Question 13

Crimes Act 1900 S93IC

Answer 13

Using or carrying knives in public place or school

Question 14

LEPRA S197

Answer 14

Directions generally relating to public places with the purpose of eliminating relevant conduct: CHOPS
Duration can be for a reasonable amount of time

Question 15

LEPRA S199

Answer 15

Failure to comply with direction, not ceasing activity or moving on. S11(2) and S19 must be applied prior to move on

Question 16

LEPRA S11(A)

Answer 16

Identity may be required to be disclosed

Question 17

LEPRA S19

Answer 17

Power of police officer to request proof of ID

Question 18

LEPRA S198

Answer 18

Move on directions to intoxicated persons in public places - must be noticeably intoxicated and direction cannot exceed 6 hours

Question 19

LEPRA S198(A)

Answer 19

Giving directions to group of persons

Question 20

LEPRA S204(A)

Answer 20

Validity of exercise of powers - must IPE when issuing directions

Question 21

Summary Offences Act 1988 (NSW) S9

Answer 21

Continuation of intoxicated and disorderly behaviour following move on direction

Question 22

Crimes Act 1900 S93IB
And lawful excuses (7)

Answer 22

Custody of knives in public places or schools without reasonable excuse:
Occupation
Consumption of food
Lawful entertainment, rec or sport
Exhibition for retail or trade purposes
Organised exhibition by knife collectors
Part of official uniform
Genuine religious purposes

Question 23

Crimes Act 1900 S93IC

Answer 23

Using or carrying knives in public place or school

Question 24

Summary Offences Act 1988 (NSW) S11D

Answer 24

Parents who allow children to carry knives

Question 25

Summary Offences Act 1988 (NSW) S11F

Answer 25

Sale of knives to children

Question 26

Summary Offences Act 1988 (NSW) S11B And definition

Answer 26

Custody of offensive implement Def: anything made or adapted for use for causing injury to a person or anything intended, by the person to be used to injure or menace a person or damage property

Question 27

LEPRA S202

Answer 27

Police to give information when exercising powers

Question 28

LEPRA S203

Answer 28

Police officers to give warnings when giving or making directions, requirements or requests that must be complied with

Question 29

LEPRA S21 And grounds (4)

Answer 29

Power to search, seize and detain things without a warrant Grounds: Dangerous implement Relevant offence Unlawfully obtained Prohibited plant or drug

Question 30

LEPRA S23

Answer 30

Power to search persons for dangerous implements without warrant in public places or schools

Question 31

LEPRA S27

Answer 31

Power to search on arrest

Question 32

LEPRA S28A

Answer 32

Power to search in custody following arrest

Question 33

LEPRA S30

Answer 33

General searches

Question 34

LEPRA S31

Answer 34

Strip searches

Question 35

LEPRA S32

Answer 35

Preservation of privacy and dignity during search

Question 36

LEPRA S33

Answer 36

Rules for conduct of strip searches

Question 37

LEPRA S34

Answer 37

No strip searches of children under 10 years old

Question 38

Dangerous article

Answer 38

Firearm, prohibited weapon, spear gun or other weapon capable of discharge, a fuse or detonator

Question 39

Dangerous implement (5)

Answer 39

Dangerous article A knife Any implement made or adapted for use for causing injury to a person Anything intended to be used to injure or menace a person or damage property A laser pointer

Question 40

8 deadly CINS

Answer 40

1. Larceny under $300 2. Goods in Custody 3. Offensive Conduct 4. Offensive language 5. Obstructing traffic 6. Unauthorised entry of vehicle/boat 7. Continuation of intoxicated/disorderly behaviour following a move on direction 8. Possess small quantity of prohibited drug (other than cannabis)

Question 41

FCAN Criteria (8)

Answer 41

1. Offence will not continue after issuing FCAN 2. Identity is established 3. You believe the offender will appear in court 4. No further investigation is required 5. The accused won’t interfere with evidence or hinder investigation 6. Accused will not intimidate victims or witnesses 7. You do not need to impose bail conditions 8. The offence is listed on the FCAN guide card

Question 42

Official caution and occasions

Answer 42

I’m going to ask you some questions. You do not need to say or do anything if you do not want to. Do you understand that? Caution on arrest and when wanting to ask questions in relation to a possible offence

Question 43

When to use FSCAN over FCAN (4)

Answer 43

When further investigation is needed. When FCAN book is unavailable. If an FCAN cannot be issued at the time of the offence. If arrest is not appropriate or discontinued.

Question 44

When a CIN cannot be issued (8)

Answer 44

1. Domestic or family violence related incidents 2. People seriously intoxicated or drug affected 3. A person named in a first instance warrant 4. Where further investigation is needed 5. Serving police officers 6. Assault offences 7. Lawful demonstrations/protests 8. People under 18 years