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NSW Police Force 339 - Session 5 > General Revision > Flashcards

General Revision Flashcards

1
Q

3 forms of arrest

A
  1. Seizure/Touching
  2. Words or conduct
  3. Submission
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2
Q

What are the 2 forms of crime prevention?

A
  1. Situational

2. Social

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3
Q

Main forms of situational crime prevention?

A
  1. Education and awareness initiatives
  2. CCTV
  3. Target hardening devices (lights, locks ETC)
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4
Q

Main forms of social crime prevention?

A
  1. Youth diversion programs
  2. Supporting at risk communities
  3. Family intervention programs
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5
Q

What are the 4 key crime prevention approaches?

A
  1. Addressing environmental conditions that promote and sustain crime.
  2. Eliminating risk factors and enhancing protective factors.
  3. Addressing social exclusion and promote community cohesiveness.
  4. Enhancing the capacity of criminal justice agencies.
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6
Q

What are examples of crime prevention strategies?

A
  1. Coffee with a cop
  2. Neighbourhood watch
  3. Community Safety Precinct Committee (CSPC)
  4. Safer by design
  5. Think before you trek
  6. Community Engagement days
  7. Information sessions/posters/initiatives
  8. Community awareness policing programs
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7
Q

External partners of the NSW Police Force?

A
  1. NSW Health
  2. FACS
  3. SES
  4. Fire and Rescue
  5. Department of housing
  6. Corrective services
  7. Local council
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8
Q

List of Internal partners?

A
  1. DVLO
  2. Detectives
  3. POLAIR
  4. Forensic Services Group
  5. Highway patrol
  6. TOU
  7. Child abuse squad
  8. Dog squad
  9. Rescue and bomb squad
  10. Negotiation unit.
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9
Q

What 2 tests are used to determine if something is ‘Reasonable?

What does each test mean?

A
  1. Subjective test - relates to the view of the individual. The suspicion or belief in the police officers mine at the time.
  2. Objective test - would a person armed with the same information the officer had at time have held the same belief or suspicion?
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10
Q

Four general reasons to arrest?

A
  1. Arrest for an offence (S.99)
  2. Warrant (S.101)
  3. Breach of the peace
  4. Specific power (e.g. Bail Act S.77)
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11
Q

What are the safeguards set out in LEPRA 202?

A

I - INFORM - Reason for exercise of power
P - PROVIDE - Name and place of Duty
E - EVIDENCE - That you’re a police officer (unless in uniform)

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12
Q

What section allows police to search on arrest?

A

LEPRA S.27

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13
Q

What 2 things does LEPRA S.28 allow police to do?

A

To have a person being searched to:

  1. open his or her mouth to enable it to be searched
  2. To shake or otherwise move his or her hair.

(Both require reasonable suspicion)

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14
Q

What section allows police to search a person in lawful custody after arrest?

A

LEPRA (S. 28A)

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15
Q

What does S.230 and S.231 relate to?

A
  1. S.230 - use of force generally by police.
    - It is lawful for police exercising a function and online helping the police officer to use such force is reasonably necessary.
  2. S231 - Use of force in making an arrest.
    - A police officer or other person who exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest.
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16
Q

What are the 6 roles of a coroner?

A
  1. Administrative
  2. Educational
  3. Judicial
  4. Investigatory
  5. Preventative
  6. Disaster management
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17
Q

Define an admission.

A

A previous representation that is:

  1. Made by a person who is or becomes a party to a proceeding, and
  2. Adverse to the person’s interest in the outcome on the proceeding.
18
Q

What are the 2 main forms of representation?

A
  1. Oral - anything that is said
  2. Written - can include graffiti, a text message or a letter. Does not to be intentionally shared (e.g. Diary entry, unsent email).
19
Q

Where does the caution come from?

A

Section 139 Evidence Act 1995

20
Q

What is section 84 of the evidence act?

A

Exclusion of admissions influenced by violence or certain other conduct.

21
Q

When/What can BWV be used for?

A
  1. To investigate an offence
  2. To decide whether or not to prosecute a person
  3. In criminal proceedings
  4. In coronial inquests
  5. In care proceedings for the protection of children or intellectually impaired persons.
  6. In disciplinary proceedings
  7. For training nsw police
  8. At crime commission hearings
  9. In connection with a law enforcement function.
22
Q

What section allows police to use BWV?

A

Section 40 The surveillance Devices Act 2007

23
Q

3 step process of a CAN?

A
  1. Commencement
  2. Filing
  3. Service
24
Q

What information but be contained in a CAN?

A
  1. Describe the offence
  2. Briefly state the particulars of the alleged offence
  3. Contain the name of the prosecutor
  4. Specific time date and place the accused is to attend court.
  5. State that failure to appear may result in a warrant for their arrest or the matter may be heard in their absence.
25
Q

6 roles of the coroner?

A
  1. Administrative
  2. Preventive
  3. Educational
  4. Disaster management
  5. Investigatory
  6. Judicial
26
Q

Types of reportable deaths?

A
  1. Violent or unnatural
  2. Sudden death with an unknown cause
  3. After a health related procedure which was not an expected outcome.
  4. In a mental health facility or temporarily absent from one.
  5. Suspicious or unusual circumstances
27
Q

Define inquest and inquiry?

A

Inquest - used during the investigation the death or suspected death of a person

Inqury - used to investigate explosions or fires.

28
Q

Types of mandatory inquests?

A
  1. Murder
  2. Minister or state coroner direction
  3. Police critical incident
  4. Death in custody
29
Q

Fires or explosions requiring an inquiry?

A
  1. Property damage exceeding $500,000
  2. Person dies or is seriously injured
  3. High profile E.G. gets media attention
  4. Known person is suspected of causing the fire.
30
Q

What is section 179 of the criminal procedure act?

A

-Time limit for the commencement of summary proceedings (Statute of limitations, 6 months)

31
Q

When does a subpoena need to be issued by?

A

5 days prior to the final day it must be complied with.

32
Q

3 reasons a person can be subpoenaed?

A
  1. To give evidence
  2. For production
  3. To give evidence and for production
33
Q

How can a subpoena be served?

A
  1. In person
  2. Post
  3. Fax
  4. Electronically
  5. Legal practitioner
  6. Inmate of a gaol by the general manager of the centre
34
Q

What is an arrest?

A
  1. Total restraint of a person’s liberty
  2. Effective from the moment a person is not free to leave
  3. An officer plainly conveys by words or actions that a suspect is not free to leave.
35
Q

What are the reasons for arrestvset out in S.99 1b of LEPRA?

A
  1. Stop the continuation or repetition of an offence
  2. Stop the person from fleeing
  3. Ensure the person appears before the court
  4. To establish the identity of the person
  5. To stop the harassment of any victims or witnesses
  6. To preserve evidence or to prevent the fabrication of evidence.
  7. To protect the safety or welfare of any person, including the person arrested
  8. Due to the nature and seriousness of the offence
  9. To obtain property in possession of the person connected to the offence.
36
Q

What is a protected suspect?

A
  1. The office believes there is sufficient evidence that the person has committed the offence.
  2. The person has been informed they are entitled to leave at any time.
37
Q

Types of vulnerable people?

A
  1. Intellectually impaired
  2. Physically impaired
  3. Aboriginal or Torres Strait islander
  4. Young person
  5. Non English speaking background.
38
Q

How long is an investigation period as per section 115 of LEPRA?

A
  • 6 hours unless extended by a detention warrant.
39
Q

Common forms of cyber crime?

A
  1. Online scams or frauds
  2. Harassment, bullying, stalking or intimidation
  3. Sextortion(revenge porn)
  4. Identity fraud
  5. Hacking
  6. Romance scams(Catfishing)
40
Q

Examples of cyber bullying?

A
  1. Posting hurtful messages, images or videos
  2. Taking and sharing unflattering or private images
  3. Repeatedly sending unwanted messages
  4. Abusive texts or emails
  5. Nasty online gossip
  6. Excluding or intimidating others online
  7. Creating fake social media profiles or websites that are hurtful
  8. Any other form of digital communication which is derogatory, intimidating or intended to cause fear or someone to fear for their safety.
41
Q

Challenges relating to cybercrime?

A
  1. Resourcing issues
  2. Confusion around jurisdiction
  3. Lack of training or knowledge in terms of technological aspect.
  4. Pressures from the community to take action which may not always be possible.
42
Q

What are the 8 statements of values?

A
  1. Places intergirty above all
  2. Upholds the rule of law
  3. Preserves the rights and freedoms of individuals
  4. Seeks to improve the quality of like through community involvement.
  5. strives for police and citizen person satisfaction
  6. Capitises on the wealth of human resources
  7. Makes efficient use public reasources
  8. Ensures authority is exercised

NSW Police Force 339 - Session 5 (1 decks)

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