5.1 Managing Suspects & Offenders Flashcards
(15 cards)
Section 24 BORA - Rights of persons charged.
- Informed promptly and in detail of the nature.
- Released unless cause for holding in custody.
- The right to a lawyer, free if needs be.
- Have time to prepare a defence.
- Have right to a Jury trial if 2yrs or more imprisonment.
- Free interpreter.
What would constitute an unlawful peaceful assembly?
Serious and aggressive effect on people or property.
What enactment would you use to stop a vehicle to arrest a person?
S9 S&S Act.
S114 LT Act is for Road Policing duties only.
Can Police still ask questions if the detainee has been told to remain silent by they’re lawyer?
Yes, so long as it’s not badgering. You may put to them the accusations however they can still decline to comment.
What does “Oppressive” involve?
O.V.I.D.
Oppressive, Violent, Inhumane or Degrading conducting towards a Defendant.
Who must the BOR be given to?
- Adults who have been detained or arrested or when Police wish to question them about an offence.
- CYP as above in accordance with S215 OT Act.
When is a person defined as “Detained”?
- Physical depravations of their liberty
- Restraints on their movements
- They believed due to Police conduct that they were not free to leave
What are some exceptions to giving their rights immediately on detention or arrest?
- Serious threat to officers safety
- Ongoing and real danger evidence will be lost
Case Law Note: Police v Koehler - Waiver of right to consult and instruct a lawyer.
Must be a conscious choice that is informed and voluntary.
It cannot be implied from silence or failure to request rights.
What are the 5 practice notes of Police questioning?
S30(6) Evidence Act
- Police may ask questions of anyone but must not suggest its compulsory.
- In respect of a person arrested or detained, they must be cautioned before asking questions.
- Questions asked must not amount to cross examination.
- When questioned on others persons evidence, it must be fairly explained to them.
- Video Statement, Audio Statement, Written Statement and must be given the opportunity to review and make changes.
Case Law Note: Phillips v R - Questioning an offender.
The officer recorded the statement in his notebook but did not record the retraction or change of story later. Breach of rule 5.
Case Law Note: Robertson v R - Recording partial admission.
Officer breached rule 5 & 2 but not having him sign his notebook and he was not re-cautioned prior to being spoken to 2.5hrs later.
What are the characteristics of a Hate Crime?
Disability
Race/Religion
Age
Gender Identity
Sexual Orientation
What is the difference between a “Hate Crime” and “Hate Incident”?
Hate Crime - An offence with perceived hostility towards DRAGS
Hate Incident - Any incident involving DRAGS that is not a criminal offence
