12.6 Flashcards
(19 cards)
What are all the alternatives to arrest?
- No formal action
- Warning
- Caution
- Penalty Notice “Infringement notices” or “Fines” (CIN)
- Field Court Attendance Notices (FCAN)
- Future Service Court Attendance Notices (FSCAN)
When is no formal action used?
For low-level issues, particularly where there may be no actual victim or when the victim does not wish for any legal action
Do you need to make a record on webCOPS for no formal action?
No, there is no need for recording on webCOPS or any record needed
When is a warning used?
Low-level issues where there may be no actual victim or victim does not wish for any legal action.
Do you need to make a record on webCOPS for warnings?
Yes, record on webCOPS, make entry that warning has been given
When are cautions used?
Caution can only occur when there is a legislative caution option and only applies to the limited circumstances outlined by the relevant legislation. Examples are:
- Young Offenders Act (referenced in Topic 6)
- Cannabis Cautioning Scheme (CCS)
- Early Drug Diversion Initiative (EDDI) (referenced in
Topic 9
What is the purpose of a caution?
To divert people away from the criminal justice system
Do you need to make a record on webCOPS for cautions?
Yes, record on webCOPS and make entry that warning has been given
When is a Penalty Notice “Infringement notices” or “Fines” (CIN) used?
Criminal Infringement Notices (CINs) are a particular type of penalty notice that exist for eight specific criminal offences:
- Larceny under $300- section 117 Crimes Act 1900 (NSW)
- Goods in Custody- section 527C Crimes Act 1900 (NSW)
- Offensive conduct- section 4(1) Summary Offences Act 1988 (NSW)
- Offensive language- section 4A(1) Summary Offences Act 1988 (NSW)
- Obstructing traffic- section 6 Summary Offences Act 1988 (NSW)
- Unauthorised entry of vehicle/boat- section 6A
Summary Offences Act 1988 - Continuation of intoxicated and disorderly behaviour
following a move on direction- section 9 Summary
Offences Act 1988 (NSW) - Possess Prohibited Drug- section 10 Drug Misuse and Trafficking Act 1985
What offences can you NOT give a Penalty Notice “Infringement notices” or “Fines” (CIN) for?
- DV offences
- Seriously intoxicated or drug affected
- Continuation of offences
- Named in warrant
- Where further investigation is needed
- Serving police officers
- Assault offences
- Lawful demonstrations/protests
What are the benefits of a Penalty Notice “Infringement notices” or “Fines” (CIN)?
- Is an alternative legal process to arrest
- Allow police to deal with suspects ‘on the spot’
- Free up police from spending time at the station
doing paperwork - Reduce the occurrence of police attending court for
minor matters.
What is a “Field Court Attendance Notice” (FCAN)?
A document (being a notice to an offender that they are to attend court) that is issued to a person in the field.
What criteria must be followed before issuing an FCAN?
- The offence will not continue after issuing the FCAN
- Identity must be established
- You believe that the offender will appear in court
- There is no further investigation required in order to
commence a criminal proceeding
-The accused will not interfere with evidence or hinder
the police investigation
- The accused will not intimidate the victim or
witnesses - You do not need to impose bail conditions on the
accused - The offence is listed on the FCAN guide card
(contained in FCAN book).
When can police NOT issue an FCAN?
- When strictly indictable and domestic violence
offences are committed - For offences involving juveniles, except traffic
offences when the juvenile is of licensable age - When suspects are under the influence of a drug or
alcohol - When the offender has outstanding warrants (must
be returned to a station for a warrant to be
executed).
What is a Future Service Court Attendance Notices (FSCAN)?
A FSCAN is a document (being a notice to an offender that they are to attend court) that is issued to a person on a later date due to your investigation is incomplete. Once you have completed your investigation and then do have sufficient evidence to proceed you give them the FSCAN
When can you use a Future Service Court Attendance Notices (FSCAN)?
- If you detect an offender committing an offence and
you determine arrest is not appropriate or
discontinue an arrest. - If an FCAN cannot be issued at the time of the
offence, or if the FCAN book is unavailable.
What are the date restrictions on a Future Service Court Attendance Notices (FSCAN)?
Dates can be no less than 6 weeks and not more than 22 weeks in the future from the time the FSCAN was created.
What happens when the offender can not be located to give the Future Service Court Attendance Notices (FSCAN) to?
The FSCAN will sit in the system as a Wanted CAN so other police know that he/she is wanted for this offence and cannot be located.
What happens if the Future Service Court Attendance Notices (FSCAN) 22 week limit expires when the offender can not be found?
If the accused has not been served, police need to apply to the court for an arrest warrant.
