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Flashcards in Custody Deck (Policing Act) Deck (11)
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1
Q

s.32(2) PA2008 A constable may take the identifying particulars of a person who is in the _______ custody of the Police if that person is detained for committing an offence and is— (what 2 places?)

A
  • lawful custody
  • at a Police station;
  • at any other place being used for Police purposes
2
Q

What does s.32 & s.33 PA2008 (Identifying particulars of person in custody) & (Identifying Particulars for Summons) enable Police to do? (3 points)

A
  • obtain information
  • may be used now or in future by police
  • for lawful purpose
3
Q

s.32 PA2008 A constable— (a) must take the person’s identifying particulars in a manner that is __________ in the circumstances; and (b) may only use __________ _____ that may be __________ to secure the person’s identifying particulars.

A
  • (a) reasonable
  • (b) reasonable force
  • (c) necessary
4
Q

In s.32 & s.33 PA2008 what does the terms ‘identifying particulars’ and ‘place’ refer to? (4)

A
  • biographical details (name, address, DOB)
  • photograph or visual image
  • impressions (fingerprints, palm-prints or footprints)
  • Place: includes any land, building , premises or vehicle
5
Q

S.36(1) PA2008 relates to the care and protection of intoxicated people when found in two situations.

What are they?

A
  • in a public place
  • while trespassing on private property
6
Q

When an intoxicated person is detained under S.36(1)PA2008, how long can they be held for?

A
  • released as soon as sober
  • no longer than 12 hours from first detained

(12 hours more if doctor recommends)

7
Q

Under S.36(2)PA2008, when dealing with an intoxicated person, what must the officer reasonably believe before detaining them? (3 points)

A
  • -incapable of protecting self from physical harm
  • -likely to cause physical harm to others
  • -likely to cause physical damage to property
8
Q

S.36(3)PA2008, before a health practitioner can recommend an intoxicated person be detained for an extended person, what must they be satisfied of? (4)

A
  • still intoxicated
  • protecting from physical harm (self & others)
  • no health needs requiring attention
  • shelter or own residence not practical
9
Q

Under S.36(4)PA2008, INTOXICATED means observably affected by _______, other _____, or _________ to such a degree that S______, B_______, C___________, or B________ is clearly impaired

A
  • alcohol,
  • other drugs or substances
  • speech, balance, co-ordination, or behaviour
10
Q

Under S.36(4)PA2008, what is a ‘Temporary Shelter’

A

A place (not police) capable of providing care and protection of intoxicated person

11
Q

Where does the power to detain a person and take them into custody under S.36PA2008 come from?

A

S.31 CA1961 “…as if the power were a power to arrest.”