Domestic Violence Powers Flashcards
(19 cards)
LEPRA s82
Power to enter via invitation
- police who believe on reasonable grounds a DV offence
- is committed or likely to be committed
- in any dwelling
- if invited to do so by a person who apparently resides in the dwelling (can be child)
- enter the dwelling
- to investigate the matter and take action to prevent further commission of DV offence
Police cannot remain if
- invitation is refused or is revoked
Police can remain if
- if the person police believe is a victim give permission to stay even if another occupier refuses
LEPRA s83
warrant where entry denied or authority to remain refused
- if a police officer is denied entry and police believe a DV offence is/was/imminent or likely to occur, they can apply to authorised officer for a warrant to gain entry
Must advise the authorised officer
- entry has been denied
- it is necessary to enter the dwelling
- they suspect on reasonable grounds a dv offence is/was/imminent or is likely to occur
- it is necessary to investigate
LEPRA s85
Powers that may be exercised on entry into premises
A police officer who enters the dwelling under this part (s82 or s83) may
- investigate
- render aid
- lawful arrest
- prevent further offences
- must inquire firearms and seize if present
LEPRA S82(3A) (3B) (3C)
3A - police entered via invitation may exercise powers until invitation revoked or otherwise a warrant issued
- direct person to leave or not enter dwelling
- remove person from dwelling who does not comply with direction
- prevent person entering
- prevent person interfering with evidence
LEPRA s86
s86 - police may enter and search for firearms
if all the people involved in the domestic incident say that there are no firearms upon inquirey, but police believe on reasonable grounds that there may be firearms, police must apply for a search warrant.
What information would give you reasonable grounds to believe theres firearms?
- hobbies - does the household have hunting equipment around? camo, bows, etc
CDPV s89 and 89A (1) Detention of defendant for making and service of an interim ADVO
s89 - relates to the direction and detention of a person for purpose of applying for and service of a provisional AVPO
s89A - directions police can give to a defendant to facilitate the making and service of the provisional apprehended domestic violence order
- remain at the scene
- remain at another location away from scene where police can find
- go to and remain at another location agreed by person
- go to and remain at a specified police station
- accompany a police officer to and remain at police station
- accompany police to another location to receive medical and remain
Direction must be made before detention
a direction is required before the detention can occur. the person must have refused or failed to comply with direction before detention
refusal to comply with direction is not an offence but triggers the power to detain. not arresting, detain for purpose of serving a provisional ADVO.
Duration is max 2 hours excluding travel
Children & Young Persons (care & Protection) act s43 remove kids
if the secretary or police officer is satisfied on reasonable grounds
- that a child/young person is at immediate risk of serious harm and
- making an AVO would not be sufficient to protect to child
the secretary or police officer may remove the child frrom place of risk
Firearms Act - s22 - suspension of licence
suspension of licence
Police are required to suspend a person’s firearm licence if involved in DV offence
Mandatory Suspension:
A police officer must suspend a firearms licence if:
The licensee is charged with a domestic violence offence (as defined in the Crimes (Domestic and Personal Violence) Act 2007).
The officer has reasonable cause to believe the licensee has committed or threatened to commit a domestic violence offence.
Firearms Act - s23 - Suspension of licence on the making of an interim AVO
automatic suspension of firearms licence on the making of an interim apprehended violence order and is suspended until order is revoked or confirmed.
the owner of the firearms is to surrender firearms to police or police will seize them under s25
Firearms Act - s25 - surrender and seizure of firearms when licence suspended or revoked
police power to seize firearms when licence suspended or revoked. if person fails to immediately surrender firearms, it would be an offence and police can apply for a search warrant to enter the premises to seize the firearms
When giving a direction in DV circumstances you must read…
ADVO DIRECTIONS ‘form of direction’ and if the fail to comply read ‘form of notification of detention’
LEPRA 13A - Identity of suspected AVO defendant may be required to be disclosed
Allows police to ask someone to disclose their identity if reasonably suspects that an AVO has been made against that person.
CDPV act - s14 - offence for contravening an AVO
offence only committed when person KNOWINGLY contravenes AVO
6 month statute limitations
police must prove the service of the order. via
- statement of serivce
- affidavit of service
- evidence of service (notebook/BWV)
- proof that it was served in the court
LEPRA s87 - search and seizure powers
A police officer who enters a dwelling under a power conferred by or under this Act and who believes, on reasonable grounds, that
(a) a dangerous article or dangerous implement (other than a laser pointer) is in the dwelling, and
(b) that the dangerous article or dangerous implement is being, or was, or may have been or may be used to commit a domestic violence offence,
may search the dwelling for the dangerous article or dangerous implement and seize and detain the dangerous article or dangerous implement.
s90 CDPV & s90A
s90 - Detention of defendant for service of order or variation
- power to direct a person to remain where the person is to serve a copy of order
s90A - period for which person may be detained
- 2 hours exclude travel
s89 CDPV
detention of defendant for making and service of interim APVO
s68 LEPRA
Announcement
police on entry must
- make presence known/knock
- announce that its the police
- reason for entry
- allow adequate time to comply
LEPRA s87 - search and seizure powers
s87 - search and seizure powers
A police officer entered under a power or under this Act may search dwelling for and detain a dangerous article or implement as long as:
- police have entered lawfully under a power in LEPRA
2 police believe on reasonable grounds that:
A- dangerous article or implement is in dwelling
b - the article or implement is being, was, is likely to be or used to commit a DV offence
