What are the behaviours that can cause a charge under s197?
- Causing fear
- Harassment
- Obstructing traffic
- Procure prohibited drugs
- Supply prohibited drug
These behaviors are outlined in section 197 of the relevant legislation.
What does LEPRA s198 and 198a pertain to?
Move on intoxicated people (198)
Move on groups of people (198a)
This section addresses the authority to move intoxicated individuals from certain areas.
What is defined as offensive implements?
Anything that can be made or adapted to injure a person or anything intended to menace or injure or damage property
This includes items like knives that can be used to harm others.
What are the elements of possession of knives under section 93IB?
- A person
- Have in their custody
- A knife
- In a public place or a school
These elements must be proven for a charge of possession of a knife.
Define knife as per the legislation.
- Knife blade
- Razor blade
- Any other blade
This definition encompasses various types of blades that may be considered knives.
What are some reasonable excuses for possessing a knife?
- Lawful pursuit of occupation, education, or training
- Preparation or consumption of food or drink
- Exhibition of knives for retail or other purposes
- Exhibition by knife collectors
- Wearing of official uniform
- Genuine religious purposes
These excuses must be valid to avoid charges related to knife possession.
What are examples of not reasonable excuses for possessing a knife?
- Self-defence
- Self-defence of another person
These excuses do not justify possession under the relevant legislation.
What does IPE stand for in the context of police identification?
- NAME
- RANK
- REASON FOR POWER
- PROOF OF POLICE OFFICER IF NOT IN UNIFORM
This is necessary for police officers to identify themselves properly.
Define public place according to the legislation.
A place open to the public or used by the public, excluding schools
This definition includes various locations that may not require payment for access.
What are the elements of offensive language under street offence?
- Accused
- Used offensive language
- In or near, or within hearing from, a public place or a school
Context matters in determining if language is considered offensive.
What are the elements of offensive conduct?
- Accused
- Conducted him/herself in an offensive manner
- In or near or within view or hearing from a public place or school
This charge cannot be combined with offensive language charges.
What are the elements of s5 obscene exposure?
- Accused
- Within view of a public place or school
- Wilfully and obscenely exposes his or her person
This outlines the criteria for charging someone with obscene exposure.
what are the elements of using or carrying a knife in public? (93IC)
- A person
- Must not use a knife, or carry a knife that is visible if the use or carrying occurs—
- (a) in the presence of a person, and
- (b) in a public place or a school, and
- (c) in a way that is likely to cause a reasonable person to reasonably fear for the person’s safety
This outlines the legal criteria for the offense of carrying a knife in public places.
What are the ways to affect an arrest?
- Submission
- Words or conduct
- Seizure or touching
These methods can influence the process of making an arrest.
Searches Generally (LEPRA s30)
- Run hands over the persons outer clothing
- Req the person to remove their jacket or similar articles of clothing etc, jumpers, shoes, socks and hat
- Examine anything in their possession
- Use metal detector on them
do not remove inner clothing as that would constitute a strip search
reasonable suspicion principle
T - Time and location
H - history
I - intelligence
S - Situation
What is the subjective - objective principle
This is the difference in what a police officer would deem as reasonably suspicious as opposed to a member of the public
What are the 4 main general searches
s21- power to search and detain things w/o warrant
s23 - power to search for dangerous articles in public places and schools
s27- power to search on arrest
s28a - power to search in lawful custody
Strip searches are justified
- must be necessary for the purpose of the search
- due to the seriousness and urgency of the situation.
- when conducted by a person of same sex
- when officers provide reasonable privacy
e.g finding a gun hidden in their pants during general search
when strip searching, police cannot
- touch the person
- conduct the search in view of a member of opposite sex
- strip search anyone under the age of 10 or anyone under 18 without parent or guardian
- cannot examine for more time than reasonably necessary for original search purposes
