Formative Prep Flashcards
(84 cards)
1
Q
SELF
A
Scrutiny
Ethical
Lawful
Fair
2
Q
VRA S7
A
Treat victims with courtesy and compassion and respect their dignity and privacy.
3
Q
VRA S8
A
victim/familys right to access welfare, health, counselling, medical or legal
services for needs arising from the offence.
4
Q
VRA S11
A
A victim MUST as soon as practicable after the victim comes into contact with an agency be given information …
about programmes, remedies, or services available to the victims through that agency.
5
Q
VRA S12
A
A Victim MUST, as soon as practicable, be given information about proceedings
6
Q
VRA S51
A
You MUST return any property as soon as practicable.
7
Q
VRA S29
A
Specified Offences/VNR
8
Q
4 specified offence categories
A
Sexual
Serious assault
Serious injury
Fears for safety
9
Q
PO 3 standard conditions
A
No violence
No contact
No weapons
10
Q
Titles of 2 main people in PO
A
Applicant
Respondent
11
Q
Explain without notice PO
A
Without notice is when the respondent is not aware of the protection order.
12
Q
How long is a PO Temp and what is the purpose of a temp po?
A
3 Months & an opportunity for the respondent to fight in court
13
Q
What section is a breach of PO
A
Section 113 FVA
14
Q
How long can you hold someone for BOP and what type of release?
A
24 hours then bail
15
Q
Who can issue to PSO & who can approve them
A
Any constable can issue - Sgt and higher can approve
16
Q
2 Titles of people in PSO
A
Person at risk, Bound person
17
Q
How long can you detain people for PSO
A
2 Hrs
18
Q
How long do you have to find somene to serve PSO
A
48 Hrs
19
Q
What can you do if someone refuses service of PSO
A
K9
20
Q
Can you k9 for breach of PSO
A
No you can detain them
21
Q
For PSO how long can you hold them to see a judge and if this time expires what can you do.
A
24 then summons
22
Q
How long do you have to find the suspect to detain for pso breach
A
1 Month
23
Q
Court options for breach of PSO
A
Nil
New PSO
Temp PO
24
Q
The 4 things that must be explained to both parties of PSO
A
Purpose
Effect
Duration
Consequences for breach
25
OT ages of responsibility and liabilites
<10 - Nil
10,11 - Murder/MS
12,13 - 14+yrs off if prev offence
14+ fully liable
26
Explain OTA S214
Limitation of arrest of CYP.
Need WEEP, EBA or public interst
27
Explain OTA S214A
CYP Arrest for breach of bail conditions.
Constable has RGTB the CYP:
has breached a bail condition and
has on two or more occasions breached a bail
condition
28
Explain OTA S8
Any matters that significantly affect’ the CYP
29
Explain OTA S9
Suitable Language to be used when dealing with CYP
30
Explain OTA S215
BOR's given in a manner appropriate to their age and level of understanding.
31
4 situation when BOR's should be given to CYP
Before questioning
If they ask
When arrested
When detained
32
Explain OTA S221
Admissibility of statements made by children and young persons.
33
3 requirements when CYP making statement
BOR's explained
CYP allowed to consult with lawyer/np
Statement made in presence of lawyer/np
34
What is the exception to S221
Verbal admission before reasonable time to give BOR's
35
Explain OTA S222
20+
a parent/guardian
an adult member of the family
any other adult selected
If CYP refuses then one to be nominated for them.
36
Who can't be a nominated person
-Under 20
-Co-offender
-Enforcement officer,
-Someone likely to interfere with investigation.
37
Explain OTA Sec 4A(1) Paramount Principle
the WELL-BEING and BEST INTERESTS of the child or young person are the FIRST and PARAMOUNT consideration
38
Explain OTA S42
Search without warrant
critically necessary to avoid injury or death to the CYP they may: - Enter, search, remove or detain, place (with OT)/report
Report to office of commissioner within 3 days.
39
Explain OTA S48
CYP found unaccompanied
Physical or mental wellbeing is being or likely to be impaired
- take home to parents if they consent or take to OT
40
Explain OTA S10b
Child left unaccompanied
Parent not providing reasonable supervision
41
VAWSEEPO
Victim/Informant
Appreciation
Witness
Scene
Exhibits
Elements
Powers
Offender/Suspect
42
FCP?
Freeze
Control
Preserve
43
UNBENT?
Unauthoried people
Notebook entries
Brief authorised people
Explore and report 1c
No contaminating
Think of animals
44
Define Firearm
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosives
45
Define Pistol
Any firearm that is designed or adapted to be held and fired with one hand and includes any
firearm that is less than 762mm in length.
46
What are the 4 firearms licence categories and descriptions.
A-Full licence for the possession and use of conventional firearms (not pistols or restricted weapons).
B-Pistols, providing the owner is a member of a pistol club
C-Collections, restricted weapons and use of weapons in theatrical performances.
D-Firearms dealers.
47
How long is firearm licence valid?
10yrs
48
How long do you have to report firearms licence lost?
30 days
49
If someone is asked to produce firearms licence and fail to what must they do and how long do they have to do it.
Produce within 7 days to police station.
50
Define a public place
A public place is any location open to or used by the public at any time—whether free or paid, and regardless of the owner's right to exclude people. It includes public transport like aircraft, ships, trains, and vehicles carrying passengers for payment. It also includes the inside of a vehicle located in a public place
51
Explain arms act S66
Liability for possess where no one owns up in place / vehicle
52
Explain arms act S18
S & S: Warrantless power in related to arm to search people, vehicles, places
53
Explain arms act S66b
Power to demand details.
Full name, address, DOB.
54
S66B Of Arms Act 1983 - What must you do if they refuse?
They must be warned and if they persist, they may be arrested.
55
3 factors to consider for assault charge
intent
weapon/degree of force
injures recieved
56
Use of force sections
39 - Use of force to execute a process or to arrest.
40 - Preventing escape or rescue
41 - Preventing suicide or certain offences
42 - Preventing breach of the peace
48 - Self defence of defence of others
62 -Liability for excess use of force
57
2 parts to Solicitor General’s Prosecution Guidelines
- Evidential Test
- Public Interest Test
58
Hierarchy of courts
Supreme Court
Court of appeal
High
District
59
Explain hearsay, opinion, propensity
Hearsay - Using a statement made by another person outside of court to prove something is true.
Opinion - A witness’s personal view or belief, rather than direct facts.
Propensity - Information showing a person’s tendency to behave in a certain way
60
3 Custody Monitoring Levels & check times
-Not in need of specific care
At least every 2 hours.
-Care and frequent monitoring
At least 5 per hours >15 mins non frequent.
Care and constant monitoring,
Observed without interruption
61
3 Types Of Checks
Observation
Verbal
Physical
62
MOAH
Remove the MEANS
Reduce the OPPORTUNITY
Reduce the ANXIETY
Manage the HEALTH
63
Policing Act S32
ID in custody, the right for police to take identifying particulars from people in custody.
64
Policing Act S33
ID for summons, the right for police to take identifying particulars from people.
65
In regard to MH what is a CTO
Compulsory treatment order-application by Dr or relative(18 or older)
66
Explain restricted and special pt
Restricted patient: Subject to CTO but considered dangerous
Special patient: Detained by court order-criminally insane or unfit to plead. Includes people on remand for psych report.
67
How long do we have to located restricted/special CTO pts
3 Months
68
Explain MHA S109, S41, S110C
109 - Police powers in relation to person appearing to be mentally disordered in public place.
41 - Police assistance DAO
S110 - Powers of Police when urgent assistance required to assist mental health practitioner
69
Max Detention time for MH treatment
6 Hours
70
What do you need for aggravated robbery
2 or more people, weapons or GBH caused
71
When is taking complete
As soon as the item is moved
72
Explain unlawful getting into/upon.
A passenger entering or staying in a vehicle knowing that it has been stolen
73
Explain unlawfully taking
aking with no intention to permanently deprive
74
Explain unlawful interference
Touching’ vehicle with body or instruments
75
Explain trespass S3,S4,S9
S3 - Trepass after warning to leave.
S4 - Trespass after previous warnings.
S9- Demand name, address and FLICNO if posses firearm.
76
Defense of S3&S4 trespass
S3 - Own protection, Protection of someone else, emergency involving property.
S4 - Above and Occupier no longer at the place.
77
Explain Artifice and when entry is complete. BURG
Entered without authority because of a trick.
When any part of person or any part of any instrument used by the person enters the property.
78
What do you need for agg burg
carrying a weapon during the burglary
79
What do you need to prove damage to property. WD
Temp/permanent reduction in value
80
What do you need to prove property. WD
Ownership and capable of being damaged.
81
When is receiving complete
What do you need to prove damage to property
82
Prove any property
Must be original or part or original
83
Prove guilty knowledge
GHross undervalue, dodgy circumstances like number of items or price
84
Explain doctrine of recent possession
Someone in possession of recently stolen property with no reason excuse must prove innocence.
