LEPRA 2012 (NSW) Legislation. Flashcards

Question

S. 36 LEPRA – Power to search Vehicles and seize things without warrant (SOOAPS):

Answer 1

If PO suspects on reasonable grounds the vehicle or its occupants: S – In possession of anything Stolen/unlawfully obtained. O – In possession of anything intended to be used/connected with a relevant Offence. O – Previously/currently/may have been used in connection with a relevant Offence. A – In possession of a dangerous Article. P – In possession of a Prohibited plant or drug. S – Give rise to a serious risk to public Safety and a search lessens the risk.

Answer 2

A person must not, without reasonable excuse: (a) fail or refuse to stop a vehicle the person is driving when directed to do so by a police officer under this Division, or (b) fail or refuse to comply with any other direction given by a police officer under this Division. Maximum penalty: 50 penalty units or 12 months imprisonment, or both.

Answer 3

(1) A police officer may enter premises if the police officer believes on reasonable grounds that: (a) There is a breach of the peace or likely to be. (b) A person has suffered significant physical injury or there is imminent danger of significant physical injury. (2) A PO may stay on premises for as long as necessary in the circumstances.

Answer 4

P – Prohibited under the Weapons Prohibition Act. S – Spear gun. A – Device (not a firearm) capable of discharging any irritant or capable of bodily harm. F – Firearm, spare barrel, ammunition. E – Detonator or fuse capable of use with an Explosive or detonator.

Answer 5

D – Dangerous article. M – Made or adapted for the use of causing injury to another. I – Intended to menace, injure or damage property. L – Laser pointer. K – Knife.

Answer 6

PO may gain entry on reasonable suspicion the following is occurring or likely to occur: • Breach of the peace. • Person has suffered significant physical injury (or there is imminent danger of this). – PO may only enter and remain on the property to stop it or prevent it from occurring.

Answer 7

PO may gain entry and stay for a reasonable amount of time on premises to: • Detain a person under an act. • Arrest a person. – PO may search the premises for the person.

Answer 8

``` PO on entry to a dwelling should: M – Make presence known/knock. A – Announce their office. S – State the reason for entry. A – Allow adequate time to comply. ``` – Generally relates to warrants but is considered best practice.

Answer 9

• PO invited in to a dwelling by any occupier may stay to: o Investigate a DV offence. o Prevent a DV offence. • So long as the PO believes on reasonable grounds a DV offence is occurring, recently occurred, likely or imminent. • PO may also exercise the following powers for the purposes of preserving evidence relating to the DV offence until such time as a s. 83 warrant is issued: o Direct a person to leave, or not to enter, the dwelling. o Remove a person who fails to leave the dwelling. o Prevent a person from entering the dwelling. o Prevent a person removing evidence or interfering with the dwelling or anything in it and, for that purpose, detain and search the person. • If permission to stay is removed, PO may remain on premises to exercise the above preservation powers until such time as a s. 83 warrant is issued. – Invitations are valid from both children and adults residing in the dwelling. – PO may rely on other sections in order to remain on premises for the purposes of dealing with a DV incident (s. 9 and; s. 10 LEPRA).

Answer 10

• If PO believes on reasonable grounds a DV offence is occurring, recently occurred, likely or imminent – AND – • It is necessary to enter the premises to: o Investigate a DV offence. o Prevent a DV offence. • PO may apply for a warrant if denied entry or refused authority to remain in premises. • Warrant allows police to enter and remain in the premises.

Answer 11

It is an offence to hinder or obstruct PO in the execution of a warrant.

Answer 12

PO who lawfully enters a dwelling under this part may: P – Prevent a DV offence. I – Investigate a DV offence. R – Render aid to any person injured. A – Arrest a person. F – Firearms (inquire, search and seize) ← MUST BE DONE, not optional. – PO may remain in dwelling only as long as necessary to perform the above.

Answer 13

• If PO has reasonable suspicion a DV offence is occurring, recently occurred, likely or imminent – AND – • PO is informed that no firearms exist in the dwelling BUT reasonably suspect otherwise. • PO must apply for a search warrant. Search warrant allows PO to: • Enter and search the dwelling concerned for firearms. • Seize and detain any firearms found in the dwelling.

Answer 14

PO who enters a dwelling under this act may search, seize and detain a: • Dangerous article. • Dangerous implement (other than a laser pointer). So long as the PO believes on reasonable grounds that the dangerous article/implement is: • Located within the dwelling. – AND – • Currently, was previously or may be used to commit a DV offence.

Answer 15

PO may request a person whose identity is unknown to disclose their identity if they suspect on reasonable grounds that an AVO has been made against the person.

Answer 16

PO may carry out a strip search if: • PO has reasonable suspicion the strip search is necessary and that the seriousness and urgency of the circumstances make the strip search necessary.

Answer 17

(Detention After Arrest For Purposes of Investigation) Police Officer has the power to detain and arrest a person for a period of time to investigate whether they committed an offence. – After the investigation period, must be released or charged.

Answer 18

Investigation Period – “6 hours” • Begins when the suspect is being investigated for an offence (Not from when being detained occurs). • Ends at a time that is reasonable in regard to circumstances and does not exceed 6 hours.

Answer 19

Detention Warrant to Extend Investigation Period – “12 hours in total” PO may apply for a warrant to extend the investigation period by a further 6 hours. S. 134 LEPRA – Orders For Taking Identification Prints – Custody. A court that finds a person guilty of an offence will be ordered to present themselves to a police station for the taking of identification particulars. Failure to comply will result in their arrest. – This section allows us to take a full set of prints as opposed to field fingerprints (FCAN/FSCAN).

Answer 20

(Identification Particulars of Children Under 14 Years) (3) PO Sargent or above may apply for an order authorising taking particulars of a child under 14 years age: * Through the Children’s Court or if not possible within 72 hours of taking into custody. * Through a Magistrate, Children’s Magistrate or registrar of the Local Court.

Answer 21

Powers that require IPE: stop, search, arrest, search vehicle, enter premises, seize property, request identity, general directions and establish crime scene Powers that don’t require IPE: enter or search a public place, covert search warrant, detain an intoxicated person Part 16.

Answer 22

PO to give warnings. PO must give warning to a person subject to exercise of power that they must: • Required by law to comply and, • Failure to do so may be an offence. - Warning not required if they have already complied.

Answer 23

If the PO fails to provide their name or place of duty when exercising a power it does not render the exercise of the power unlawful or otherwise affect the validity of anything resulting from the exercise of that power. • Does not apply if the failure to comply occurs after the police officer was asked for information. • Does not apply to the exercise of a power that consists of a direction, requirement or request to a single person.

Answer 24

It’s lawful for a police officer exercising a function under this Act or any other Act or law in relation to an individual or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the function.

Answer 25

A Police officer or other person who exercises a power to arrest another person may use as much force as necessary to make the arrest or to prevent the escape of the person after arrest

Answer 26

A PO may discontinue an arrest in any of the following circumstances: • If the arrested person is no longer a suspect or the reason for the arrest no longer exists. • If it is more appropriate to deal with the matter in some other manner - E.G. By issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the Young Offenders Act 1997 .

Answer 27

S. 36A LEPRA - Power to stop vehicles. PO may stop a vehicle on reasonable suspicion the vehicle contains a driver/passenger who may be lawfully arrested, detained or searched. Vehicle may also be searched as per s. 36 LEPRA

Answer 28

(1) A police officer may enter premises if the Police officer believes on reasonable grounds that: (a) There is a breach of the peace or likely to be. (b) A person has suffered significant physical injury or there is imminent danger of significant physical injury. (2) A PO may stay on premises for as long as necessary in the circumstances.

LEPRA 2012 (NSW) Legislation. Flashcards

(52 cards)