2.4 Policing Act Flashcards Preview

SGT CPK 2019 > 2.4 Policing Act > Flashcards

Flashcards in 2.4 Policing Act Deck (12)
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1
Q

Identifying particulars means, in relation to a person, any or all of the following.

Section 32, Policing Act 2008

A

a) the person’s biographical details (for example, the person’s name, address, and date of birth):
(b) the person’s photograph or visual image:

(c) impressions of the
person’s fingerprints, palm-prints, or footprints place includes any land, building, premises, or vehicle.

2
Q

Where can identifying particulars be taken?

Section 32, Policing Act 2008

A

(a) At a Police station.

(b) At any other place being used for Police purposes.

3
Q

What force may be used to obtain identifying particulars of a person in custody?

Section 32, Policing Act 2008

A

(a) must take the person’s identifying particulars in a manner that is reasonable in the circumstances; and
(b) may only use reasonable force that may be necessary to secure the person’s identifying particulars.

4
Q

If a person refuses to give identifying particulars what must I do before charging them and what is the penalty?

Section 32, Policing Act 2008

A

I must caution them.

They are liable on conviction to imprisonment for a term not exceeding 6
months, to a fine not exceeding $5,000, or to both.

5
Q

At what point can I take Identifying particulars?

Section 32, Policing Act 2008

A

constable may take the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for
committing an offence.

6
Q

What does intoxicated mean?

Section 36, Policing Act 2008

A

Observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired

7
Q

What does temporary shelter mean?

Section 36, Policing Act 2008

A

a place (other than a place operated by the Police) that is capable of providing for the care and protection of an intoxicated person.

8
Q

Where may I detain an intoxicated person for their care and protection?

Section 36, Policing Act 2008

A

In a public place, or while trespassing on private property.

9
Q

Before taking an intoxicated person into custody, what must I reasonably believe?

Section 36, Policing Act 2008

A

(i) incapable of protecting himself or herself from physical harm; or
(ii) likely to cause physical harm to another person; or
(iii) likely to cause significant damage to any property; and

the constable is satisfied it is not reasonably practicable to provide for the person’s care and protection by

(iv) taking the person to his or her place of residence; or
(v) taking the person to a temporary shelter.

10
Q

When must an intoxicated person be released and how long can they be held in custody?

Section 36, Policing Act 2008

A

(a) must be released as soon as the person ceases to be intoxicated:

(b) must not be detained longer than 12 hours after the person is first
detained, unless a health practitioner recommends that the person be
further detained for a period not exceeding 12 hours.

11
Q

What must a health practitioner consider before extending the stay in custody?

Section 36, Policing Act 2008

A

(a) the person remains intoxicated and is incapable of protecting himself or herself from physical harm; and
(b) the person does not have health needs that may require medical attention; and

(c) it is not reasonably practicable to provide for the person’s continuing care and protection by—
(i) taking the person to his or her place of residence; or
(ii) taking the person to a temporary shelter.

12
Q

Can you take particulars from someone you are issuing a summons to?

A

Yes, you may detain that person at any place—

(a) in order to take the person’s identifying particulars; and
(b) only for the period necessary to take the person’s identifying particulars.