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LAW Flashcards

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1
Q

What is the name of the legislation found in LEPRA s.197 ?

A

Directions generally relating to public places

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2
Q

What is the power given in LEPRA s.197 and what are the steps needed to be taken?

A

Section 197 of LEPRA provides police with the power to give directions to persons in certain situations

  • The direction given must be reasonable within the context of the circumstances you are dealing with, and the direction must be to stop or reduce the relevant conduct.
  • IPE s.202,
  • Ask to stop the behaviour s. 197
  • warn s.203 you must warn a person when exercising a power that requires them to comply with a direction (Failure to comply may be committing an offence)
  • exercise section s.199 if a person fails to comply with the move-on direction
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3
Q

What is the relevant conduct needed to be stopped in s 197 of LEPRA - What is the acronym

A

C – Causing fear
H – Harassment / intimidation
O – Obstructing traffic (person/vehicle)
P – Procuring Prohibited drug
S – Supplying prohibited drug

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4
Q

What is the name of the legislation found in s 198 of LEPRA

A

Move on direction to intoxicated persons in a public place
- the person can be intoxicated by alcohol and/or drugs.

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5
Q

What is the relevant conduct that relates to section 198 LEPRA (IDRD)

A

I - Is likely to cause injury to any other person or persons,
D - Damage to property
R - Risk to public safety, or
D - Is disorderly

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5
Q

Where do you need to be to access s.198 LEPRA

A

A public place

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6
Q

To issue a direction under LEPRA s 198, what does the intoxicated person have to be

A
  • Noticeably intoxicated (affected
  • In a public place,
  • Likely to cause injury to another person, damage to property, risk to public safety, and/or disorderly
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7
Q

What are examples of disorderly

A
  • being loud and obnoxious
  • swearing/derogatory comments
  • vomiting
  • offensive behaviour (for example, sexually suggestive moves, etc.)
  • spitting
  • littering with no regard for others while doing it (for example, flicking cigarette butt towards others, throwing glass/contents of the glass on the ground, etc.)
  • pushing people out of the way in a crowded environment
    not complying with authority
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8
Q

What is the difference in the levels of intoxication

A
  • Non-affected
  • Slightly affected
  • Moderately affected
  • Noticeably affected
  • Well affected
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9
Q

Steps to consider when issuing a direction, either 197 or 198 (IRRT)

A
  • Confirm identification
  • Reason for the direction
  • Reasonable and proportionate
  • Time period
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10
Q

LEPRA S.99 1

A

A police officer may, without a warrant, arrest a person if

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11
Q

LEPRA S.99 1 (A)

A

The police officer suspects on reasonable grounds that the person is committing or has committed an offence, and ….

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12
Q

LEPRA S.99 1 (B)

A

The police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons–
C - to stop the person committing or repeating the offence or committing another offence,
F - to stop the person fleeing from a police officer or from the location of the offence,
I - to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,
A - to ensure that the person appears before a court in relation to the offence,
P - to obtain property in the possession of the person that is connected with the offence,
E - to preserve evidence of the offence or prevent the fabrication of evidence,
H - to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
S - to protect the safety or welfare of any person (including the person arrested),
N - because of the nature and seriousness of the offence.

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13
Q

What are the different ways you can affect an arrest?

A
  1. Seizing or touching
  2. Submission (the person believes they are not free to leave)
  3. Words or conduct of the police officer

Arrest is when a person is not free to come and go as they please

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14
Q

Where does the legislation come to discontinue an arrest

A

LEPRA s. 105
Police may discontinue an arrest at any time

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15
Q

Why do we discontinue an arrest

A
  • Once control has been gained or the cooperation/compliance of the person
  • They are no longer a suspect
  • The reason for the arrest no longer exists
  • It is more appropriate to deal with the matter in some other manner
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16
Q

LEPRA 202

A

Police officers to provide information when exercising powers
I - Inform - reason for the exercise of the power
P - Provide - name and place of duty
E - Evidence - that you’re a police officer (unless in uniform)

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17
Q

Who can you issue a WARNING to and why

A

WHO
Any person, as a warning not to do that again, is often used for minor first offences
- The person needs to be understanding that what they have done is wrong

WHY
- Low-level issue - where there may be no actual victim, or when the victim does not wish to take any legal action.
- A warning would be relevant when, despite deciding not to take any formal action, you wish to warn the person that their actions have brought them under notice and that if their actions are repeated, then there could be a higher sanction imposed.

  • When issuing a warning, you should complete an entry in police WebCOPS,
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18
Q

Who can you issue a CIN to and why

A

A CIN can only be issued to an adult whose identity has been confirmed

  • A maximum of four CINs can be issued at one time and only for prescribed offences
  • Goods in Custody
  • Larceny where the value does not exceed $300
  • Offensive Conduct
  • Offensive Language
  • Obstructing Traffic
  • Unauthorised entry of vehicle or boat
  • Continuation of intoxicated and disorderly behaviour following a move-along direction
  • Drug Possession (NOT CANNABIS)
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19
Q

When to use an FSCAN
(CFTUU)

A
  • The offender is committing an offence - an arrest is not appropriate, or discontinue an arrest.
  • FCAN cannot be issued or if the FCAN book is unavailable.
  • 6 - 22 weeks court date from the time the FSCAN was created. After 22 weeks apply to the court for an arrest warrant.
  • If the accused is unable to be located - will be Wanted CAN in COPS
  • The offender be unable to be located police believe fax, mail or email is a more appropriate method of service – indictable offences only.
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20
Q

People or things, when we would give an FCAN

A

A – Appearance in court - You believe that the offender will appear in court
B – Bail conditions not required
I – Identity confirmed/established
G – Guide card (FCAN book) lists offence
V – Victims or witnesses will not be intimidated by the accused
I – Investigation is complete
C – Continuation of the offence will NOT occur
E – Evidence or investigation will not be interfered with by accused

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21
Q

What is the purpose of a FSCAN

A
  • Allows time for further investigation to establish a prima facie case
  • Avoids unnecessary custody
  • Keeps the offender accountable via court proceedings
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22
Q

Street offences - Possession of knives

A

s 93IB Crimes Act 1900 (NSW) - Custody of knives in public places or schools

s 93IC Crimes Act 1900 (NSW) - Using or carrying knives in public places or schools

s 11D Summary Offences Act 1988 (NSW) - Parents who allow children to carry knives

s 11F Summary Offences Act 1988 (NSW) - Sale of knives to children

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23
Q

Street offences - Offensive Conduct

A

s. 4 Summary offences act 1988 (NSW)

  1. The accused
  2. conducted him/herself in an offensive manner
  3. In or near, within view or hearing of a public place or a school
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24
Street offences - Offensive language
s. 4A Summary offences act 1988 (NSW) 1. The accused 2. used offensive language 3. In or near, or within hearing of a public place or a school
25
Street offences - Offensive implement definitions
s 11B (3) Summary offences act 1988 (NSW) "offensive implement" means-- - anything made or adapted for use for causing injury to a person, or - anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property. Remember does not have to be a baseball bat with nails, could be a metal water bottle used to throw at someone's head
26
What is the definition of offensive
“… such as is calculated to wound the feelings arouse anger or resentment or disgust in the mind of a reasonable person …”.
27
What is the two test stage for gaining Reasonable suspicion
1. Objective - reasonable third person test 2. Subjective - point of the police officer
28
How do you form the state of mind to search
You NEED reasonable suspicion The police officer must suspect on reasonable grounds (reasonable suspicion) that the person to be searched has in his or her custody a particular thing as outlined in the specific power being used. THIS principal It may come in the form of information from police radio, victims, witnesses or suspects at the scene or your own observations at the scene.
29
what is reasonable suspicion
- Does not amount to belief - Is more than a mere idle wondering whether it exists or not - less than a belief but more than a possibility
30
What does THIS stand for
Time and Location - that a time or location is known for certain offences (based on a trend) History - of a person, place or thing (through CNI check) Intelligence - on a person, place or thing (information obtained through intelligence reports or fresh information from members of the public) Situation - purpose for which you are there and how you interpret what you see, circumstances of the situation
31
What is the purpose of THIS principal
is a tool to assist you in building your reasonable suspicion. tells you information that builds your reasonable suspicion, which is necessary and required when searching persons or other things
32
Who can you breath test (DOP)
Police may carry out a breath test when they have reasonable cause to believe that the person Driver - Is or was the driver of a motor vehicle on a road, or Occupier - Is or was occupying the driver's seat of a motor vehicle and attempting to put it in motion, or Passenger - Is the holder of a driver's licence and is or was seated next to a learning licence holder who is or was driving a motor vehicle, on a road or road-related area.
33
When can you NOT breath test
- Blood sample taken - due to injury/illness, dangerous to their condition or health - where the person is living/staying eg driveway - after 2 hours of the incident Sch 3 Cl 2 Road Transport Act 2013 (NSW)
34
what gives you your power to breath test
cl. 3 / sch. 3 Road Transport Act 2013 Power to Conduct a Random Breath Test
35
What do you do if a driver fails their breath test and goes over the limit
RTA 2013 cl 4, sch 3 provides police with the power to arrest: 1. A driver who has indicated a positive result from a roadside breath test 2. the driver refuses to undergo a breath test "you are under arrest for the purpose of a breath test"
36
What is a passive test
- talk into machine (does not blow) - no tube attached - only indication of presence of alcohol
36
What is the difference between a standard and passive
The passive test you talk into it only giving you an indication of the presence of alcoho,l whereas the standard test will give you a reading of the alcohol consentration level in the persons breath.
37
What is a standard test
- conducted after positive passive test or driver has consumed alcohol - tube is attached and driver blows - shows concentration of alcohol
38
What are the PCA Levels
NOVICE: 0.000 – 0.0019 SPECIAL: 0.020 – 0.0049 LOW: 0.050 – 0.0079 MID: 0.080 – 0.0149 HIGH: 0.150+
39
When would we go straight to a standard test, and why
- The police suspect that the driver HAS been consuming alcohol - When the driver admits to consuming alcohol - When there are windy conditions in the area ,the test is being conducted - When other people in the motor vehicle have consumed alcohol - When the driver has been involved in a motor vehicle collision - If an alcohol reading is detected that falls within the PCA range - Before police submit a driver to a sobriety assessment
40
Where is the legislation for PCA Levels
s. 108 RTA 2013 - Prescribed concentrations of alcohol
41
What is DUI
Driving under the influence of DRUGS OR alcohol - There is no time limit applicable - No age limit, but the age of criminal responsibility should be considered - This section does not stipulate road/road-related area as an element - Evidence is dependent solely upon your questioning and observations, that is your investigation (ensure you record your observations in detail to support your opinion that the driver was under the influence of drugs/alcohol)
42
what is the legislation for DUI
s. 112 RTA 2013 - Use or attempted use of a vehicle under the influence of alcohol or any other drug
43
what is the legislation and who can undergo MVC Blood test
cl 11 sch 3 Road Transport Act 2013 - A person admitted or treated at a hospital after an accident This section compels medical practitioners to take blood from: * The driver of a motor vehicle; * A person occupying the driver’s seat and attempting to put the motor vehicle into motion; * The holder of a driver’s licence and seated next to a learner licence holder driving a motor vehicle; * A pedestrian; * Rider of a horse; * The driver of a vehicle other than a motor vehicle Note: The driver/rider must be at least 15 years old or older - Blood sample to be taken 'as soon as practicable' (best practice - 12 hours)
44
Why do we MVC Blood test
police conduct blood tests after motor vehicle crashes to determine whether drivers were under the influence of alcohol or drugs at the time of the incident.
45
Major Crash
- Person killed or injured - Drivers leave the scene without supplying particulars (s. 287 RR) - Drivers under the influence of alcohol or other drug
46
Traffic Crash what action you would take and why
A – Attend, Assess and Advise I – Injured, attend and tended to their welfare D – Driver and witness identities B – Breath test drivers where possible I – Impact/preliminary point of impact T – Traffic ensures the free flow of it C – Crash investigation – investigate and record details H – How and who is at fault – deal with under such relevant legislation
47
How to utilize road rule 287
It is under rule 287 that police get their powers to demand a version from a driver involved in a collision.
48
What particulars do they need to give in road rule 287
s. 287 Rule Rules 2014 A driver involved in a motor vehicle collision must stop and provide the following details: - Driver's name and address - Vehicle owner's name and address - Vehicle registration - Any other information necessary to identify the vehicle - An explanation of the circumstances surrounding the crash (PO ONLY!)
49
What certain things can we do or be doing with road rule 287
Once a driver has supplied a version as required under the rule they are under no obligation to elaborate or provide further detail regarding the collision. If any further questions are to be asked they need to be done under caution if it is intended to use the information as evidence in any subsequent proceedings.
50
what to say before giving a direction
LEPRA 202 - IPE LEPRA 203 - Police officers to give warnings when giving or making directions, requirements or requests that must be complied with
51
To have a lawful arrest
99 (1)(a) + 99 (1)(b) - your intention at the time of the arrest must be to put the person before an authorised person (court) - you cannot arrest to investigate, interview or to keep a person while you serve a CIN or field CAN
52
2 TYPES OF SEARCHES (and their legislation)
s.30 LEPRA - General Search s.31 LEPRA - Strip Search
53
what is a knife and what legislation is it found in
s. 93IA Crimes Act 1900 (NSW) Blade includes a knife blade and razor blade. A Knife includes a blade, but does not include a knife of a class prescribed by the regulations.
54
When will we breath test?
- Random Breath Testing (mobile or stationary) - Collisions - Manner of driving - Breach of road rules (traffic offence).
55
Road Rule 287 - 3 questions
"Were you the driver of VEH ABC123, a yellow Ford Falcon (description of driver's vehicle). On the (Time - Date), driving West (direction) on Smith St, Sydney, at the intersection of George St (location), when it was involved in a motor vehicle accident with Veh XYZ-987, a green Tesla (Description of other vehicle/object). "As the driver of a motor vehicle involved in a motor accident, I now require you to supply me an explanation of the circumstances of the crash" Record the information given verbatim. At this point, the driver has complied with their legislative requirement to explain the circumstances of the crash under rule 287 and is NO LONGER required by legislation to answer any more questions. At this point, you will caution the person
56
What is the aim of a CIN
S – On the Spot P – Less Paperwork A – Alternative Legal Process M – Minor matters - keeps them out of court
57
3 legislations for the rules of searching
s.32 LEPRA - Preservation of privacy and dignity during search s.33 LEPRA - Rules for conduct of strip searches s.34 LEPRA - No strip searches of children under 10 years
58
Acronym for s21 LEPRA (2) A police officer may seize and detain
S - stolen or otherwise unlawfully obtained U - used in the commission of a relevant offence D - dangerous article D - DRUG - a prohibited plant or a prohibited drug.
59
4 legislative powers for SEARCHING
S. 21 LEPRA - Power to search persons and seize and detain things without warrant S. 23 LEPRA - The power to search for dangerous implements without a warrant in public places and schools S. 27 LEPRA - Power to carry out a search on arrest S. 28A LEPRA - Power to carry out a search of a person in lawful custody after arrest

LAW EXAM (2 decks)

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