Lesson 1 Flashcards
(29 cards)
6 duties of Police Officers
- Maintain law + order and protect life + property
- Prevent crime
- Detect criminals
- Maintain and uphold the statute law
- Control road traffic
- Assist at minor + major disasters
Policing focus
- Community safety
- Crime and justice
- Road safety
Statute Law
ENACTED laws made by PARLIAMENT
Case law
UN-ENACTED laws from JUDGES
D v O v P
Definition
Offence
Power
Definitions of words
- Check ACT
- Check CASE LAW
- Check LAW DICTIONARY
- Check DICTIONARY
What is an offence
ACT OR OMISSION which RENDERS THE PERSON doing it LIABLE TO PUNISHMENT
Types of offences
- Crimes
- Simple
WA criminal Courts
- Magistrates
- District
- Supreme
- Children’s
Statute of limitations
Criminal: NONE unless stated
Simple: 12 MONTHS unless stated
Elements of an offence
EVERY ELEMENT of offence MUST be proven BEYOND REASONABLE DOUBT
Burden of proof
Prosecution:
Burden of proving elements of offence belonging to prosecution
Defence:
Reversal of proof (proving insanity / intox)
Standard of proof
Prosecution: BEYOND REASONABLE DOUBT
Defence: prove matter to lesser standard; ON THE BALANCE OF PROBABILITIES
Can you do a stop and search based on system warnings and/or previous convictions
No
What three factors can determine if you have search rights
Time
Place
Circumstance
What section are attempts under in crime code
Section 4
An attempt must meet which 4 criteria
- Intention to commit an offence
- Act or omission to carry out that intention
- Must be more than mere preparation
- Non-fulfilment of offence
How many points do you get for referencing an act. And what for
5
Title of offence
Section
Subsection
Paragraph
Name of the act
What are principal offenders
Offenders all charged with the same offence as the person committing
What are the 5 principal offenders
A actual offender
B enabler
C aider
D procurer
D counsellor
Define Actual offender
Person who commits offence
Define Enabler
Person who makes it possible for the offence to be committed
Define Aider
Person who gives assistance or encouragement in committing the offence
Define Procurer
Person who gets someone else to commit offence