Foundations Flashcards
(20 cards)
What is the main purpose of the Crimes Act 1914 (Cth)?
To regulate procedural aspects of Commonwealth criminal law including arrest, detention, bail, warrants, and sentencing.
Scenario: AFP arrests someone suspected of cybercrime and uses provisions from the Crimes Act 1914 (Cth) to manage detention, search, and bail.
Under the Crimes Act 1914 (Cth), when can an AFP officer arrest without a warrant?
When they believe on reasonable grounds the person has committed or is committing a Commonwealth offence (s 3W).
Scenario: An AFP officer sees a person using a skimmer device at an ATM and immediately arrests them without a warrant, under s 3W.
What does s 23B of the Crimes Act 1914 (Cth) provide?
The right of an arrested person to contact a lawyer or relative.
Scenario: After arresting a suspect for Centrelink fraud, the officer informs them of their right to call their lawyer and partner, as per s 23B.
How long can AFP detain a suspect for investigation without charge under the Crimes Act 1914 (Cth)?
Up to 4 hours, extendable to 8 hours with a magistrate’s approval (s 23DA).
Scenario: A person suspected of insider trading is detained by AFP; they are held for 3 hours for questioning without charge.
What is required to obtain a search warrant under the Crimes Act 1914 (Cth)?
Reasonable grounds to suspect evidence of a Commonwealth offence (s 3E).
Scenario: AFP applies to a magistrate for a search warrant to seize laptops from a suspect’s home linked to child exploitation material.
What are bail provisions under the Crimes Act 1914 (Cth)?
Bail must not be refused arbitrarily and must consider community safety and risk of flight (s 15).
Scenario: AFP arrests a tax fraud suspect and decides not to oppose bail, as there is no risk of flight or further offending.
What sentencing principles are set out under the Crimes Act 1914 (Cth)?
s 16A requires courts to consider factors including offence seriousness and offender’s circumstances.
Scenario: A court sentences a federal offender and considers their cooperation with police and mental health, applying s 16A principles.
Scenario: An AFP officer arrests a suspect at an airport for alleged drug importation. What rights must the officer provide?
The suspect must be informed of the reason for arrest and right to communicate with a lawyer (s 23B).
Scenario: A man is stopped at the airport with undeclared cash; AFP arrests him and immediately informs him of his rights under s 23B.
Scenario: AFP needs to search a suspect’s home. What must they do first under the Crimes Act 1914 (Cth)?
They must obtain a warrant under s 3E based on reasonable suspicion.
Scenario: Officers receive a tip-off about a darknet drug dealer; they apply for a search warrant before entering the suspect’s premises.
Scenario: A suspect requests a lawyer but is questioned before access. Is this compliant?
No, it breaches s 23B which grants access to legal representation before questioning.
Scenario: AFP detains a foreign student over online scams and questions them without letting them call a lawyer first—this is unlawful under s 23B.
What is the purpose of the Australian Federal Police Act 1979 (Cth)?
To establish and govern the structure, powers, and functions of the AFP.
Scenario: AFP is deployed to assist with INTERPOL on a cross-border investigation into human trafficking.
What section of the AFP Act outlines the functions of the AFP?
Section 8.
Scenario: The Commissioner directs an AFP taskforce to focus on cryptocurrency fraud using powers under s 17.
Who appoints the AFP Commissioner under the AFP Act?
The Governor-General (s 17).
Scenario: A senior AFP officer investigates a complaint of serious misconduct under Part V of the AFP Act.
Can the AFP operate outside Australia?
Yes, the AFP has authority to operate internationally in accordance with the Act.
Scenario: AFP officers deployed in Papua New Guinea as part of international policing assistance under the AFP Act.
What part of the AFP Act governs member discipline?
Part V.
Scenario: The AFP Commissioner is appointed by the Governor-General after consulting with the Minister for Home Affairs.
What is the Professional Standards Framework?
An internal AFP integrity system governed by the AFP Act.
Scenario: The AFP uses its international cooperation framework to investigate an Australian citizen accused of cybercrime in Europe.
Scenario: A public complaint is made about AFP conduct. What governs the review process?
The AFP Act’s professional standards and discipline provisions (Part V).
Scenario: A public complaint is made against an officer for excessive force, and the matter is reviewed under internal AFP standards.
Scenario: AFP is deployed to assist with overseas investigations. Is this lawful?
Yes, such deployment is permitted under the Act.
Scenario: AFP’s legal team reminds recruits that their duties and conduct are governed by s 8 of the AFP Act.
Scenario: The AFP Commissioner issues a directive. Who grants them this authority?
Authority is granted under s 17 by the Governor-General.
Scenario: AFP collaborates with Australian Border Force under its general functions outlined in s 8 of the Act.
Scenario: A new recruit questions the limits of their policing powers. Where are these powers defined?
In the Australian Federal Police Act 1979 (Cth), primarily under s 8.
Scenario: An AFP officer breaches ethical standards and is subject to disciplinary action under Part V procedures.
