Law Flashcards
(104 cards)
1
Q
How do I make an arrest
(3 ways of making an arrest)
A
- Seizure/Touching
- Submission
- Words/Conduct
2
Q
Types Of Arrest
A
- Offences - S99 (1)(a)+(b)
- Warrants
- Breach of the Peace
- Specific Power
3
Q
What is S197 of LEPRA?
A
Directions generally relating to public places
4
Q
What is LEPRA S197 intended for
A
The intent of s 197 is to reduce, eliminate or stop relevant conduct
5
Q
How to give a S197
A
- IPE
- BWV
- Tell them to cease conduct
- If they refuse.3. s11 name then Request for ID (s19A)
- Give a move on direction
- s203 warn them that they must comply or it may be an offence
6
Q
The three set purposes for which a s 197 direction can be given
A
- Reducing or eliminating the obstruction, harassment, intimidation or fear, or
- Stopping the supply, or soliciting to supply, of the prohibited drug, or
- Stopping the obtaining, procuring or purchasing of the prohibited drug.
7
Q
What is CHOPS for S197
A
C – Causing fear
H – Harassment / intimidation
O – Obstructing traffic (person/vehicle)
P – Procuring Prohibited drug
S – Supplying prohibited drug
8
Q
What is s198 of LEPRA?
A
Move on directions to intoxicated persons in public places
9
Q
What does s198 provide police?
A
provides police with the power to give a move-on direction to an intoxicated person, who is engaging in behaviour that constitutes relevant conduct, to leave the place and not return for a specified period (move-on). the person can be intoxicated by alcohol and/or drugs.
10
Q
What is the relevant conduct that relates to LEPRA s198. DIPS.
A
D- Disorderly
I- Injury
P- Property
S- Safety
11
Q
Who is related to s11 LEPRA - Identity may be required to be disclosed
A
- Person may be able to assist in the investigation of an alleged indictable offence
- if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.
12
Q
What is s12 LEPRA?
A
Failure to disclose identity
- A person must disclose identity or it may be an offence
13
Q
What is s19 LEPRA?
A
Power of police officer to request proof of identity
14
Q
What must you do before a S19?
A
You must exercise the power under LEPRAs 11(1) or 11(2) before using s19.
15
Q
What is s199 of LEPRA?
A
Failure to comply with direction
- A person must not, without reasonable excuse, refuse or fail to comply with a direction
16
Q
What is s202 & What is I.P.E
A
Police officers to provide information when exercising powers.
I- Inform the reason for exercise of the power
P- Provide name and place of duty
E- Evidence that you are a police officer (unless in uniform)
17
Q
What is s203 LEPRA?
A
Police officers to give warnings when giving or making directions, requirements or requests that must be complied with
18
Q
What are the steps on issuing a direction?
A
- I.P.E
- Tell them what they’re doing wrong
- Ask for their name S11(2)
- Then ask for ID (s19) (Prove it)
- IPE and give move on direction for how long and what is expected of them.
7.Tell them if they fail to comply it may be an offence (s203)
19
Q
What are the 4 levels of intoxication?
A
- Mild
- Moderate
- Well
- Seriously
20
Q
3 C’s For searches
A
- Cooperation
- Consent
- Comply
21
Q
Definition of a knife or blade (Crimes Act 93IA)
A
Blade includes a knife blade and a razor blade.
Knife includes a blade, but does not include a knife of a class prescribed by the regulations.
22
Q
What is s4 Offensive conduct (Summary Offences Act)
A
No person should conduct themselves in an offensive matter in or near, or within view or hearing from, a public place or a school.
23
Q
What is s4A Offensive language (Summary Offences Act)
A
A person must not use offensive language in or near, or within hearing from, a public place or a school.
24
Q
What is s5 Obscene exposure (Summary Offences Act)
A
A person shall not, in or within view from a public place or a school, wilfully and obscenely expose their person.
25
What is Reasonable Suspicion?
More than a possibility less than a belief.
A police officer must have a factual reason to suspect someone is conducting them selves in an illegal way.
26
What is the T.H.I.S Principle
Time and Location
History
Intelligence
Situation
27
What is a Public Place?
a location accessible to the public, whether or not a fee is required. This includes areas like streets, parks, beaches, and places like pubs, clubs, and shopping centers that are open to the public, even if for a fee. Privately owned places can also be considered public if they are open to the public for business or leisure, or if the public is allowed to use them as a thoroughfare.
28
What is the difference between Summary Offence & Indictable Offence
Summary Offence
- Less serious (then indictable)
- No right to trial
- 6 Months Statute of limitations
Indictable offence
- More serious (Than summary Offences)
- Right to trial
- No statute of limitations
29
What is the difference between Minor Indictable & Serious Indictable for punishment
Minor
- Punishment of more than 2 years but less than 5.
Serious
- 5 or more years imprisonment
30
s 4 Offensive conduct
Elements:
1. the accused
2. conducted him/herself in an offensive manner
3. in or near, or within view or hearing from a public place or a school
31
s 4A Offensive language
Elements:
1. the accused
2. used offensive language
3. in or near, or within hearing from, a public place or a school
32
What is s5 Obscene exposure
Obscene exposure is a wilful and obscene exposure of the person individual’s genitals. This requires a degree of intent and deliberate action by the offender. The person must be visible.
33
What is the difference between offensive Conduct & Language.
The difference between offensive language and conduct is that language is “words alone” whereas conduct can involve words as well as actions. You cannot charge a person with both offences for the same incident.
34
What is the elements of custody of offensive implement
1. a person shall not
2. without reasonable excuse
3. have in his or her custody
4. an offensive implement
5.In a public place or a school
35
What is s21 of LEPRA
Power to search persons and seize and detain things without warrant
36
What are the four categories of s21 LEPRA that give police the power to search?
a) Stolen or unlawfully obtained
b) Used, in 'relevant' offence
c) A dangerous article
d) A drug
37
What is S23 of LEPRA?
Power to search persons for dangerous implements without warrant in public places and schools
38
Detention vs Arrest
Arrest is to have the person charged.
Detain is for the purpose using specific powers.
- E.g. Searches
- Mental health assessment
- Seriously intoxicated person
- AVO
39
What is s27 of LEPRA?
Power to carry out search on arrest
40
LEPRA 28 Ancillary power to search persons
- Mouth or Hair
- To open his or her mouth or to shake, or otherwise move, his or her hair.
41
What is s28A of LEPRA?
Power to carry out search of person in lawful custody after arrest
42
What is s30 LEPRA?
Searches generally
43
How to conduct a person search
(a)quickly run his or her hands over the person’s outer clothing, and
(b) require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person’s clothes), and
(c) examine anything in the possession of the person, and
(d) pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and
(e) do any other thing authorised by this Act for the purposes of the search.
44
What is s31 LEPRA?
Strip searches
45
What does a strip search mean?
Search of a person or of articles in the possession of a person that may include—
(a) requiring the person to remove all of his or her clothes, and
(b) an examination of the person’s body (but not of the person’s body cavities) and of those clothes.
46
When does a search become a strip search?
Anything that goes beyond what is permitted by a person search is a strip search. Strip searches may or may not involve the removal of clothing.
47
What is s32 of LEPRA?
Preservation of privacy and dignity during search
48
What must a police officer do to comply with s32?
1. Inform the person:
- whether the person will be required to remove clothing during the search,
- why it is necessary to remove the clothing.
2. The police officer must ask for the person’s co-operation.
4.
-Reasonable privacy must be provided.
- search as quickly as reasonably possible
5. Least invasive search
6. Not search genital area unless suspects on reasonable grounds that it is necessary.
7. same sex search
8. Search NOT done while questioned
49
What is s33 of LEPRA?
Rules for conduct of strip searches
50
What are the rules for a strip search?
- Must be done in a private area
- not done in presence of opposite sex
- not done in presence of any person not necessary
- If practicable a parent, guardian or personal representative can be present
(3) A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted—
(a) in the presence of a parent or guardian of the person being searched, or
(b) if that is not acceptable to the person, in the presence of another person who is not a police officer and who is capable of representing the interests of the person being searched and whose presence is acceptable to that person.
51
What Act & Section is No strip searches of children under 10 years
LEPRA s34
52
What Act & Section can searches be carried out with consent
LEPRA s34A
53
What is s230 of LEPRA
Use of force generally by police officers
54
What is s231 of LEPRA
Use of force in making an arrest
55
What Act & Section do you have the Power to search vehicles and seize things without warrant
LEPRA s36
56
What is s36A of LEPRA
Power to stop vehicles if the police officer suspects on reasonable grounds that the anyone in the vehicle is a person in respect of whom the police officer has grounds to exercise a power of arrest or detention or a search power
57
When can you stop, search and detain a vehicle without a warrant?
DRRRUP
D- Dangerous article
R- Relevant Contains (Subsection C)
R- Relevant Used (Sub B)
R- Risk to public safety(Sub F)
U- Unlawfully obtained (Sub A)
P- Prohibited (Sub E)
58
What are the alternatives to arrest?
1. No formal action
2. Warning
3. Cautions (e.g., Young Offenders Act and Cannabis Cautioning Scheme)
4. Penalty Notices (e.g., CINS, TINS, PINS)
5. Field Court Attendance Notices
6. Future Service Court Attendance Notices
59
What is discretion
When a Police officer uses their own judgement to decide what action to take as long as it upholds the spirit of the law.
60
When can you issue a CIN?
(8 reasons)
1. Larceny under $300
2. Goods in Custody
3. Offensive conduct
4. Offensive language
5. Obstructing traffic
6. Unauthorised entry of vehicle/boat
7. Continuation of intoxicated and disorderly behaviour following a move on direction
8. Possess Prohibited Drug
61
When can police NOT issue a CIN?
(8 Circumstances)
1. Domestic or Family violence related incidents
2. People seriously intoxicated or drug affected or who can’t comprehend the procedure
3. Continuing offences
4. Where further investigation is needed
5. Serving police officers
6. Assault offences
7. Lawful demonstrations/protests
8. Cannot be issued to a person under the age of 18 years.
62
What is a Field Court Attendance Notice?
(FCAN)
FCAN is a document (being a notice to an offender that they are to attend court) that is issued to a person in the field.
63
What criteria you MUST satisfy before issuing an FCAN
1. The offence will not continue after issuing the FCAN
2. Identity must be established
3. You believe that the offender will appear in court
4. There is no further investigation required in order to commence a criminal proceeding
5. The accused will not interfere with evidence or hinder the police investigation
6. The accused will not intimidate the victim or witnesses
7. You do not need to impose bail conditions on the accused
8. The offence is listed on the FCAN guide card (contained in FCAN book).
64
What is LEPRA S99 (3)?
That your intention (at the time of arrest) must be to put the person before an authorised person (Court)
65
When do you Caution a person?
1. You arrest them
2. You believe there is sufficient evidence to establish they have committed the offence which is the subject of the questioning.
66
What is a dangerous implement?
- a dangerous article
- a knife (including a knife blade, razor blade or any other blade)
- any other implement made or adapted for use for causing injury to a person
- anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property
- a laser pointer
67
What are the Licence classes?
Rider (R)
Car (C)
Light Rigid (LR)
Medium Rigid (MR)
Heavy Rigid (HR)
Heavy Combination (HC)
Multi Combination (MC)
68
What are the 2 types of breath tests?
Passive test: no tube
Standard test: With tube attached and directly blowing into it
69
What do PCA and DUI stand for?
Prescribed Concentration Alcohol
Driving Under the Influence
70
What are the Legal Ranges for Prescribed Concentration of Alcohol offences ?
Novice Range PCA
0.001 - 0.019
Special Range PCA
0.020 - 0.049
Low Range PCA
0.050 - 0.079
Middle Range PCA
0.080 - 0.149
High Range PCA
0.150 or higher.
71
What is Special Range PCA
0.020 - 0.049
72
What is Low Range PCA
0.050 - 0.079
73
What is Road Rules s287?
Duties of a driver involved in a crash
74
What are the duties of a driver that's involved in a crash?
- The driver must stop at the scene of the crash and give the driver’s required particulars
(a) any other driver (or that driver’s representative) involved in the crash
(b) any other person involved in the crash who is injured, or the person’s representative, and
(c) the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver’s representative).
- Police
75
What are the required particulars in s287 RR
1. The drivers name and address, and
2. The name and address of the owner of the driver's vehicle, and
3. The vehicle's registration number (if any), and
4. Any other information necessary to identify the vehicle.
76
Where is the Power of arrest for the purpose of a breath analysis
Road Transport Act 2013 Schedule 3 Clause 4, provides police with the power to arrest
77
When can you arrest for purpose of a breath analysis
- A driver of a motor vehicle who has indicated a positive result from a roadside breath test.
- driver of a motor vehicle who refuses to undergo a breath test or who fails to supply a sufficient sample of their breath.
The driver concerned MUST be informed: "You are under arrest for the purpose of a breath analysis".
78
Can Police breath test after blood is taken
No
79
What are the types of dangerous driving?
(4)
1. Speed Dangerous
2. Manner Dangerous
3. Menacing Driving
4. Predatory Driving
80
What are the 2 crash criteria
Minor & Major
81
What makes a crash MAJOR?
- Was any person killed or injured?
- Did any of the drivers leave the scene without providing their details?
- Was any driver involved under the influence of alcohol or other drugs?
82
The power to demand particulars If the driver of a motor vehicle is alleged to have committed an offence against the road transport legislation
section 177 of the Road Transport Act 2013
83
Where is the powers to require persons to submit to tests, analysis, assessments or provide samples for drug
and alcohol testing
Schedule 3 of the Road Transport Act 2013
84
What are the 3 main components/causes/contributors of crashes
1. Driver
2. Vehicle
3. Road/Environment
85
Do police give a Form Of Demand when stopping a driver for the purpose of a breath test?
Yes
86
What TYPE of test is this considered:
- Conducted roadside.
- Only an indication that a PCA offence MAY have been committed.
- No actual offence at this stage.
Breath Test
87
What is this considered:
- Conducted at the station or RBT Bus.
- After an arrest for a positive (standard breath test) or refusal to take the breath test
Breath Analsis
88
When will we breath test?
- Random Breath Testing (mobile or stationary)
- Collisions
- Manner of driving
- Breach of road rules (traffic offence).
89
When CAN'T we breath test?
- Treated at hospital and doctor says 'no' or blood test already taken
- Due to injury or illness being too dangerous to their health
- 2 hours after incident/collision
- Person's place of abode (Home, their driveway, where there residing)
90
What are the observations of sobriety
Police may form an opinion as to the person's sobriety:
- Breath & Breathing
- Face
- Eyes
- Speech
- Actions/movements
- Clothing
- Attitude
- Slightly, moderately or well affected by intoxicating liquor
91
What is the Power of arrest for the purpose of a breath analysis?
Road Transport Act 2013 Schedule 3 Clause 4, provides police with the power to arrest
92
What is s211F of the Police Act
Members of NSW Police Force under duty to report misconduct of police officers
93
Who do you report s211F to?
In writing to another police officer who is of the rank of sergeant or above and is more senior in rank than the police officer with a duty to report
94
Why would police discontinue an arrest?
When the reasons for a s99 is no longer present and when police can deal with the person under a alternative to arrest.
95
Where do street offences have to occur?
In or near, or within view or hearing from, a public place or a school.
96
How long can a s198 be?
6 hours or less
97
What is the definition of a offensive implement?
(a) made or adapted for use for causing injury to a person, or
(b) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
98
When do you go straight to a standard test?
- When there is heavy wind
- When there is other occupants in the vehicle that have had alcohol
99
When can police request a blood test?
fatal or suspected to be fatal crashes
100
What constitutes a lawful arrest without a warrant?
99(1)(a) + 99(1)(b) + 99(3) + 202= Lawful Arrest
101
When a driver's blood sample is taken from the hospital, it is only tested for alcohol. What criteria must you satisfy to have the sample tested for drugs.
~ The crash resulted in a fatality, OR
~ Police MUST have evidence or reasonable suspicion, the driver was under the influence of a drug other than alcohol.
~ Request for a blood sample to be analysed (via COPS event) for drugs other than alcohol
~ This request is to be forwarded to the Blood Sampling Unit (BSU)
102
Do Police require the driver to undertake specific physical challenges for a sobriety assessment?
No
103
True or False
Police can conduct a sobriety assessment without a breath test.
False
NO BREATH TEST, NO SOBRIETY ASSESSMENT.
104
What are some DUI observations?
~ The smell of intoxicating liquor on the breath.
~ Clothing – dishevelled
~ Attitude – talkative, indifferent
~ Actions Eyes – bloodshot, watery
~ Speech – slurred, fast, incoherent
~ Balance – unsteady on feet, falling
~ Movements – need for support
