Brainscape test deck

Question 1

Section 4

Answer 1

Reasonable Suspicion: For the purposes of this Act, a person reasonably suspects
something at a relevant time if he or she personally has grounds
at the time for suspecting the thing and those grounds (even if
they are subsequently found to be false or non-existent), when
judged objectively, are reasonable.

Question 2

Section 5 (1)

Answer 2

Things relevant to an offence:
(1) For the purposes of this Act, a thing is a thing relevant to an
offence if it is reasonably suspected that —
(a) the thing has been, is being, or is intended to be used for
the purpose of committing an offence;
(b) the thing has been obtained by the commission of an
offence;
(c) an offence has been, is being, or may be committed in
respect of the thing;
(d) the thing is or may afford —
(i) evidence relevant to proving the commission of
an offence or who committed an offence; or
(ii) evidence that tends to rebut an alibi.

Question 3

Section 5 (2)

Answer 3

For the purposes of this Act, a thing relevant to an offence may
be material or non-material, animate (other than human) or
inanimate.

Question 4

Section 6

Answer 4

Other written laws, this Act’s relationship with
(1) Unless the contrary intention appears in this Act or another
written law —
(a) this Act does not affect the operation of any other
written law; and
(b) the powers conferred by this Act on a person are in
addition to and do not derogate from any powers
conferred on the person by any other written law.

Question 5

Section 7

Answer 5

Common law, this Act’s relationship with (1) Subject to this section, a police officer has the powers, duties and responsibilities that a constable has under the common law. (2) If this Act confers a power, duty or responsibility on a police officer that the officer also has by reason of subsection (1), the power must be exercised and the duty or responsibility must be performed in accordance with this Act. (3) If there is an inconsistency between a provision of this Act and a power, duty or responsibility that a police officer has by reason of subsection (1), the provision of this Act prevails.

Question 6

Section 8A

Answer 6

Authority required for some investigations This Act is subject to the Criminal Appeals Act 2004 section 46C.

Question 7

Section 8

Answer 7

Officer’s powers as individual not affected Unless this Act provides otherwise, it does not affect any power that an officer may lawfully exercise in common with any other citizen.

Question 8

Section 9 (1)

Answer 8

Public officers may be authorised to exercise powers (1) For the purposes of this Act and in particular the definition of public officer in section 3(1), another Act or the regulations made under this Act may prescribe — (a) an office to which people are appointed under a written law for a public purpose and the functions of which are or include investigating or prosecuting offences; and (b) in respect of that office, some or all of the powers in this Act that a holder of that office may exercise, being powers that this Act expressly provides may be exercised by a public officer.

Question 9

Section 10

Answer 9

Informing people who do not understand English If under this Act an officer is required to inform a person about any matter and the person is for any reason unable to understand or communicate in spoken English sufficiently, the officer must, if it is practicable to do so in the circumstances, use an interpreter or other qualified person or other means to inform the person about the matter.

Question 10

Section 11

Answer 10

Officers’ duty to identify themselves (1) If this Act requires an officer to identify himself or herself to a person the officer must — (a) if the officer is a police officer — (i) give the person the officer’s official details; and (ii) if the officer is not in uniform, show the person evidence that the officer is a police officer;

Question 11

Section 12

Answer 11

Delegation by officers (1) An officer may delegate the performance of a function of the officer under this Act, other than this power of delegation, to another officer. (2) If an officer delegates the performance of a duty imposed on the officer by this Act to another officer, he or she must ensure that the other officer performs the duty.

Question 12

Section 13

Answer 12

Warrants and orders, applying for

Question 13

Section 14

Answer 13

When powers may be exercised The powers in this Act may be exercised at any time of the day or night, unless it is expressly provided otherwise.

Question 14

Section 15

Answer 14

Assistance to exercise powers (1) A person who may exercise a power in this Act may authorise as many other persons to assist in exercising the power as are reasonably necessary in the circumstances.

Question 15

Section 16

Answer 15

Force, use of when exercising powers (1) When exercising a power in this Act, a person may use any force against any person or thing that it is reasonably necessary to use in the circumstances — (a) to exercise the power; and (b) to overcome any resistance to exercising the power that is offered, or that the person exercising the power reasonably suspects will be offered, by any person. (2) If under subsection (1) a person uses force, the force may be such as causes damage to the property of another person. (3) Any use of force under subsection (1) against a person is subject to The Criminal Code Chapter XXVI.

Question 16

Section 17

Answer 16

Animals, use of by officers exercising powers (1) An officer who is exercising a power in this Act, or using force under section 16, may use an animal to assist if — (a) the animal has been trained for the purposes for which it is used; and (b) use of the animal is reasonably necessary in the circumstances. (2) Subject to section 16(2) and (3), an officer who uses an animal to assist with exercising a power in this Act must take all reasonable measures to ensure the animal does not injure any person or damage any property.

Question 17

Section 18

Answer 17

Roadblocks, use of to stop vehicles. (2) If a senior police officer reasonably suspects —
(a) that it is necessary to exercise a power in another section
of this Act to stop a vehicle; and
(b) that the vehicle is on a road; and
(c) that a roadblock is necessary to facilitate the exercise of
that power,

Question 18

How long can a senior police officer have a road block in place?

Answer 18

6 hours, but it can be renewed

Question 19

How long can a police officer have a road block in place?

Answer 19

3 hours and must notify a senior officer to have them extend it

Question 20

Section 19

Answer 20

Stopping vehicles, powers in connection with (1) If under this Act an officer may stop a vehicle, whether or not at a roadblock set up under section 18, the officer may use any means that are reasonably necessary in the circumstances to do so, including means that hinder or obstruct the passage of other vehicles. (2) Subsection (1) does not authorise the use of means that are intended or are likely to cause death or grievous bodily harm to any person, whether or not in a vehicle. (3) An officer who under this Act stops a vehicle in order to exercise a power in this Act in respect of the vehicle — (a) may detain the vehicle for a reasonable period in order to exercise the power; and (b) may move the vehicle to a place suitable to exercise the power.

Question 21

Section 20

Answer 21

Power to enter includes power to enter some other places (1) This section applies if under this Act an officer may enter a place, with or without a search warrant. (2) If the place is one of 2 or more premises in one building, then, in order to enter the place, the officer may enter, but not search, any part of the building that the occupiers of the premises use exclusively but in common with each other. (3) If subsection (2) does not apply and the officer reasonably suspects that in order to enter the place it is necessary to enter another place, the officer may enter, but not search, the other place. (4) Section 31 applies to and in respect of the entry of the other place under subsection (3).

Question 22

Section 21

Answer 22

Forensic examination of thing relevant to offence (1) If under this Act a person may do a forensic examination on a thing relevant to an offence or a sample of such a thing, the person may do any or all of the following — (a) examine or operate it; (b) photograph, measure or otherwise make a record of it; (c) take an impression of it; (d) take samples of or from it; (e) do tests on it, or on any sample taken under paragraph (d), for forensic purposes. (2) If it is reasonably necessary to do so in order to exercise a power in subsection (1), the thing may be dismantled, damaged or destroyed.

Question 23

Section 21 (3)

Answer 23

A power in subsection (1) must not be exercised in relation to a thing that may contain information that is privileged, as that term is defined in section 151, until under that section — (a) a decision is made that the information is not privileged; or (b) orders have been made to enable the power to be exercised.

Question 24

Section 22

Answer 24

Gender of person, ascertaining If it is necessary to ascertain the gender of a person before exercising a power in this Act on the person and the gender of the person is uncertain to the officer authorised to exercise the power — (a) the officer must ask the person to indicate whether a male or a female should exercise the power on the person and must act in accordance with the answer; and (b) in the absence of an answer, the person must be treated as if of the gender that the person outwardly appears to the officer to be.

Question 25

Section 23

Answer 25

Consent to search or procedure, presumption against and withdrawal of (1) If a person who is requested under this Act to consent to — (a) a search of a place that he or she occupies; or (b) undergoing a basic search or a strip search; or (c) undergoing a forensic procedure, does not reply, or consents but resists the carrying out of the search or procedure, he or she is to be taken to have not consented.

Question 26

Section 24

Answer 26

Prevention of offences and violence (1) Any person (the citizen) may use any force that is reasonably necessary in the circumstances to prevent — (a) the continuance of an act being done by a person in his or her presence — (i) that involves the use of violence against a person; or (ii) that the citizen reasonably suspects will cause a person to use violence against another person; or (iii) that the citizen reasonably suspects will cause a person to fear violence will be used by a person against another person;

Question 27

Section 24 (b)

Answer 27

Prevention of offences and violence an act by a person that the citizen reasonably suspects is just about to be done in his or her presence that is likely — (i) to involve the use of violence against a person; or (ii) to cause a person to use violence against another person; or (iii) to cause a person to fear violence will be used by a person against another person; or (c) any other breach of the peace by a person; or (d) the commission of an offence; or (e) the doing of any act that the citizen reasonably suspects will be done in the course of committing an offence. (2) Subsection (1) does not authorise the entry of any place or vehicle.

Question 28

Section 24 (3)

Answer 28

If a person reasonably suspects that the unlawful killing of a person is occurring in a place or vehicle, the person, without a warrant, may enter it in order to prevent the unlawful killing.

Question 29

Section 25

Answer 29

Citizen's Arrest

Question 30

Section 26

Answer 30

Person in command of vehicle, powers of (1) In this section — endangering offence on a vehicle, means an offence that, if committed on board the vehicle, may endanger the safety of any person on board the vehicle. (2) If the person in charge of a vehicle reasonably suspects that a person who is on or about to board the vehicle (the passenger) is carrying a thing that may be used to commit an endangering offence on the vehicle or to damage the vehicle, the person in charge — (a) may ask the passenger to consent to a frisk search by or on behalf of the person in charge; and (b) if the passenger refuses to consent, may —

Question 31

Section 27

Answer 31

Suspects and others may be ordered to move on (1) A police officer may order a person who is in a public place, or in a vehicle used for public transport, to leave it, or a part of it specified by the officer, if the officer reasonably suspects that the person — (a) is doing an act

Question 32

Section 28

Answer 32

Persons accompanying officers to be informed of rights (1) An officer who requests a person who is not in lawful custody to accompany the officer or another officer for the purposes of assisting in the investigation of an offence must inform the person and be satisfied that the person understands — (a) that he or she is not under arrest; and (b) that he or she does not have to accompany the officer concerned; and (c) that if he or she accompanies the officer concerned, he or she is free to leave at any time unless he or she is then under arrest. (2) Subsection (1) does not apply to or in respect of a person to whom a requirement has been made by a police officer under — (a) the Road Traffic Act 1974 section 66, 66B, 66D or 66E; or (b) the Western Australian Marine Act 1982 section 75G.

Question 33

Section 29

Answer 33

Places with 2 or more occupiers, interpretation If under this Part any information must be given to, or consent may be obtained from, or any thing must be done in respect of, the occupier of a place, then in a case where a place has 2 or more occupiers, it is sufficient to give the information to, or obtain consent from, or do the thing in respect of, any one of the occupiers.

Question 34

Section 30

Answer 34

Entry and search with occupier’s consent (1) This Part does not prevent an officer, with the informed consent of the occupier of a place, from exercising without a search warrant any of the powers that could be exercised under a search warrant in respect of the place. (2) For the purposes of this Part, an occupier gives informed consent to an officer if the occupier consents after being informed by the officer — (a) of the powers that the officer wants to exercise in respect of the place; and (b) of the reason why the officer wants to exercise those powers; and (c) that the occupier can refuse to consent to the officer doing so.

Question 35

Section 31

Answer 35

Occupier’s rights (2) If the occupier of a place is present when it is proposed to enter the place, an officer must, before any officer enters the place — (a) identify himself or herself to the occupier; and (b) inform the occupier that it is intended to enter the place; and (c) if the place is to be entered under a search warrant, give the occupier a copy of the warrant; and (d) if the place is to be entered under some other statutory authority, inform the occupier of the reason, and the statutory authority, for the entry; and (e) give the occupier an opportunity to give informed consent to the place being entered, unless the officer reasonably suspects that to do so will endanger any person, including the officer, or jeopardise the purpose of the proposed entry or the effectiveness of any search of the place.

Question 36

Section 31 (4)

Answer 36

Occupier's rights If the occupier of a place is present in the place when it is being searched, an officer doing the search must not prevent the occupier, or a person nominated by the occupier, from observing the search, unless — (a) the officer reasonably suspects that the occupier or person might be endangered if he or she were to observe the search; or (b) the occupier or person obstructs the search; or (c) it is impracticable for the occupier or person to observe the search. (5) If a place that is entered by one or more officers is unoccupied, the officer in charge must leave the following in a prominent position in the place before leaving the place — (a) a notice stating — (i) the officer’s official details; and (ii) that the place has been entered; and (b) if the entry was under a search warrant, a copy of the warrant completed in accordance with section 45(3); and (c) if the entry was under some other statutory authority, the reason, and the statutory authority, for the entry.

Question 37

Section 32

Answer 37

Warrant not required to exercise this Division’s powers The powers in this Division may be exercised without a search warrant

Question 38

Section 33

Answer 38

Public open area, search powers in (1) If an officer reasonably suspects — (a) that a thing relevant to an offence; or (b) that a person against whom an offence may have been, or may be being, committed, is in a public open area, then, subject to this section, the officer may exercise in the area any of the powers that could be exercised under a search warrant if it were issued in respect of the area for the purposes of searching it for the thing or person. (2) An officer exercising such a power must not damage or destroy any thing in the public open area, or dig up the ground, or seize any thing that is attached to the land, without the informed consent of the person who has the control or management of the area. (3) Subsection (2) does not prevent the seizing of any plant that it is unlawful to possess. (4) This section does not prevent an officer from applying for a search warrant for a place that is a public open area.

Question 39

Section 34

Answer 39

Public place, entry to keep order in A police officer may enter and remain in a public place where members of the public are present for the purpose of ensuring that peace and good order are maintained at the place.

Question 40

Section 35

Answer 40

Place or vehicle, entry of to prevent violence (1) A police officer who reasonably suspects that any of the following is occurring or is just about to occur in a place or vehicle may enter the place, or may stop and enter the vehicle, in order to prevent it — (a) an act by a person — (i) that involves or is likely to involve the use of violence against a person; or (ii) that is likely to cause a person to use violence against another person; or (iii) that is likely to cause a person to fear violence will be used by a person against another person; or (b) any other breach of the peace by a person; or (c) an act by a person that will or is likely to kill a person or cause serious injury to a person; or (d) an act by a person that will or is likely to cause serious and unlawful damage to property.

Question 41

Section 36

Answer 41

Place or vehicle, entry of to attend to dead or seriously ill or injured person If an officer reasonably suspects that there is in a place or vehicle a person who has died or who is so ill or injured as to be likely to die or suffer permanent injury to his or her health unless the officer enters the place or vehicle, the officer may enter the place, or stop and enter the vehicle, in order to ascertain the facts and if necessary attend to the person.

Question 42

Section 37

Answer 42

Place or vehicle, entry of to investigate serious event (1) In this section — serious event means a fire, an explosion, or the presence of any article, substance or gas, that is likely to endanger the safety of people or cause serious damage to property. (2) If a police officer reasonably suspects that there is or has been a serious event in a place, the officer may enter the place. (3) If a police officer reasonably suspects that there is or has been a serious event in a vehicle, the officer may stop and enter the vehicle. (4) A police officer may only exercise the powers in subsection (2) or (3) if and for so long as the officer reasonably suspects that it is necessary to do so as a matter of urgency in order — (a) to ensure there is no danger to people or property; or (b) to establish whether the serious event is connected to an offence and to decide, under section 39 or 40 (as the case requires), whether or not to establish a protected forensic area at the place.

Question 43

Sections 38A-C

Answer 43

Out of control gatherings

Question 44

Section 38

Answer 44

Vehicle, searches of to prevent offences, damage etc. If a police officer reasonably suspects that it is necessary to do so for one or more of these purposes — (a) to prevent a vehicle from being used — (i) in the commission of an offence; or (ii) to aid or facilitate the commission of an offence; or (iii) to provide the means for an offender to leave the place of the commission of an offence; or (iv) by an offender to avoid, or attempt to avoid, being arrested for an offence; (b) to prevent damage to a vehicle; (c) to protect the safety of people who may board or be on board or who may be near a vehicle; (d) to ensure peace and good order on a vehicle, the officer — (e) may stop, enter and search or inspect the vehicle; and (f) may take any reasonably necessary action.

Question 45

Section 39

Answer 45

Vehicle, search of for things relevant to offence (1) If an officer reasonably suspects — (a) that a vehicle is carrying a thing relevant to an offence; or (b) that a vehicle is a thing relevant to an offence; or (c) that a vehicle is carrying a person against whom an offence may have been, or may be being, committed; or (d) that an offence has been, is being, or is about to be, committed in a vehicle, the officer — (e) may stop, enter and search the vehicle; and (f) may, under section 46, establish a protected forensic area around or in the vehicle; and (g) may, subject to section 146, seize any thing relevant to the offence; and (h) may take any action that is reasonably necessary to stop any offence that is being, or prevent any offence that may be, committed against a person in the vehicle.

Question 46

Section 40

Answer 46

(1) In this section — serious offence means an offence the statutory penalty for which is or includes imprisonment for 5 years or more or life. (2) If a police officer reasonably suspects — (a) that a serious offence has been or is being committed in a place; or (b) that there is in a place a thing relevant to a serious offence, the officer may enter the place and, under section 46, establish a protected forensic area there. (3) A police officer may only exercise the power in subsection (2) in a public open area if the officer reasonably suspects that it is necessary to do so — (a) to prevent a thing relevant to the serious offence that is or may be in the area from being concealed or disturbed until the area has been properly inspected or examined; or (b) to protect the safety of any person who is in or may enter the area.