6.1 Road Policing Flashcards
(15 cards)
What is the overriding principle in regards to UDD?
No duty is so urgent that it requires the public or Police to be placed at unjustified risk.
When must warning devices be used when conducting UDD?
At all times unless a tactical approach is needed.
What are some situations where a tactical approach may be appropriate?
- Approaching the scene of a serious crime
- Attending a 1X job
- Obtaining evidence of a speeding offence
Who can abandon a pursuit?
- Lead or secondary units
- Field supervisor
- Pursuit controller/dispatcher
- ASU
What is the overriding principle in a fleeing driver incident?
Public and Police safety takes precedence over the immediate apprehension of a fleeing driver.
What two pieces of legislation is relevant to stopping a vehicle in a fleeing driver?
- S114 LTA (Traffic Offending)
- S9 S&S (RGtS person unlawfully at large or has committed an imprisonable offence and is believed to be in the vehicle)
S35 - What grounds exist for road closures?
If Police have RGtB that:
- Public disorder exists or is imminent
- Danger to public exists or imminent
- A 10yr offence has been committed or discovered near the place
What are some reasons for UDD?
- Responding to a CI
- Gathering evidence of an offence
- Apprehending an offender
- Providing security to a motorcade
- Engaging in activities approved by the commissioner
What are the five principles regarding a fleeing driver incident?
S.D.D.L.J
- Safety is paramount
- Driver who FTS or remain stopped does not in itself justify a pursuit
- Decision to not pursue or abandon will be supported
- Liability lies with staff who do not adhere to legislation
- A pursuit is only justified when the threat posed and necessity to apprehend the driver outweighs the risk
What MUST you consider as part of your TENR for engaging in a pursuit?
- Initial threat posed by the occupants
- Necessity to immediately apprehend the driver/passengers
- The risk of harm created by commencing a pursuit
S120 - What powers do Police have?
- Arrest person they have GGtS a person has committed an offence against 58-62
- Have assaulted that or any other officer in the course of their duty
- Person does not commit a compulsory impairment test
Case Law Decisions - Tapara v Police (Stopping vehicles S114) what grounds were held?
There are no grounds under 114 to stop the vehicle solely for obtaining details of a passenger. There must be reasonable grounds for doing so.
Case Law Decision - R v T (Stopping vehicles under another pretense)
There was no legal basis for stopping the vehicle as it was solely a “hunch” that they may find something else.
There are other powers for stopping vehicles i.e. S121 and S9 of the S&S Act which may be more appropriate
Case Law Decisions - Johnston v Police (S114 Procedures)
Procedural requirements for using S114 are necessary and failure to follow these requirements may lead to a breach of S22 BORA.
Case Law Decisions - Police v Duff (Conducting inquiries roadside)
High Court deemed that allowing Police to conduct a QP as part of their identity checks was reasonable and if other offending comes to light, they can be dealt with.
