Michael Study Flashcards
(190 cards)
1
Q
Section 114 LTA 1998
A
Stop Vehicles and demand details. Wearing Uniform and displaying Badge on a hat. Driver can be stopped for details for 15 mins or for as long as necessary if exercising any other powers. Power of arrest Section 114 (6)
2
Q
Section 113 LTA 1998
A
Allows an enforcement officer in uniform with evidence of identification to enforce the LTA 1998
D - Direct to give details
I - Inspect - Test and Examine
M - Move - Move or authorise another to move
D - Direct - Direct the driver to move if obstructing
F - Forbid- An unlicenced driver to drive
F - Forbid- A person who is operating without correct licence
D - Direct- Animals or pedestrians
Issue infringement notices- Arrange NIA alerts
Power of Arrest under LTA section 116
3
Q
Difference between 113 and 114
A
Section 114 allows you to stop vehicles
Section 113 does not allow you to stop vehicles
Section 114 allows you to demand details from a driver you have stopped
Section 113 (2) allows you to obtain details from someone who has committed an offence against acts in 113 of LTA
4
Q
Section 115 (1) of LTA
A
Believe on reasonable grounds that a vehicle is non compliant with regulations or rules eg- defective exhaust
Eliminates WOF
Issued with a Green Sticker POL 650
5
Q
Section 115 (3) (b) of LTA
A
Believe on reasonable grounds that a vehicle is not in a safe condition to bre driven on the road eg structural rust - illegal modifications
Eliminates WOF
Issued with a Pink Sticker POL 555
6
Q
Section 116 of LTA
A
Can arrest without warrant for failure to comply with any directions given under 113 and 115
7
Q
Section 121 of LTA
A
Taking Keys and forbidding to drive
Officer believes on reasonable grounds that a person in charge of a vehicle:
i) because of mental or physical condition
- is incapable of proper control
- does not complete compulsory Impairment test
F- Forbid the person to drive for a specified time
A- All keys are to be surrendered
R- Render the vehicle immobile
M- Move or cause to be moved, any vehicle causing obstruction
E- EBA- Offenders must be forbidden to drive for 12 hours
D- Direct that person to drive to a specified place to rest
Powers of Arrest 121 (4) without warrant for failing to comply or attempting to do an act forbidden by section 121.
8
Q
Section 118 LTA 1998
A
Officer may require the owner or hirer of a vehicle to give within 14 days all information available to them which may lead to:
- The identification and apprehension of the driver if alleged to commit any offence against any act
- Committed against “the use of a vehicle”
To prove offence the person must have been the owner or hirer of the vehicle at the time of offence
The information must be within the owners/ hirers means to supply
118 (4) After a pursuit- if this occurs after a pursuit the information must be provided immediately
9
Q
Section 95 LTA 1998
A
Suspending licences for 28 Days
Excess blood or breath alcohol
Over 40kph over permanent posted speed limit
Over 50 kph over any speed limit eg temporary, towing etc
Suspension begins as soon as notice is delivered to person
10
Q
Section 90 LTA 1998
A
Accumulation of 100 demerits in a 2 year period- suspension of licence for a 2 year period
A person who does not hold a licence becomes disqualified for 3 months
11
Q
Section 96 LTA 1998
A
Seize and impound a motor vehicle if
- they were disqualified from holding or obtaining a licence
- They had a suspended or revoked licence
not holding licence and previously forbidden
EBA- plus 2 previous convictions within 4 years
12
Q
Section 96 (1) (A) LTA
A
Impound Boys racers car for 28 days
Operating in a race or unnecessary speed
Operated the vechicle in a way to undergo sustained loss of traction
13
Q
Section 122 LTA
A
If you believe on reasonable grounds that it is in the interest of public safety you can seize a vehicle for up to 12 Hours
Can be extended an additional 12 hours
14
Q
Section 123 LTA
A
Impound and seize a vehicle for up to 7 days to
- preserve evidence
- enable scientific examination
- establish the cause of a serious traffic accident
Or if you have reasonable grounds to suspect that
The vehicle has been involved in a hit and run
The driver faied to stop in accordance of section 114
15
Q
Section 119 LTA
A
Entering permises and seizing vehicles
16
Q
Under what circumstances can police seize vehicles for 12, 7 and 28 Days?
A
If the offender has been found under section 96 to have been driving when
28 Days
Disqualified from holding or obtaing a liicence
Had a suspended licence
not holding a licence and previously been forbidden to drive
EBA and 2 prior convictions in the past 4 years
Failed or refused a blood test
12 hours
122
Interest of public saftey
123
7 days
Accoident, hit and run, preserve evidence
17
Q
Under what circumstances can police suspend a licence for 28 days?
A
EBA offences and 40km over posted or 50 km over temp limits
100 demerits
18
Q
What is the paramount principle of the Oranga Tamariki Act 1989?
A
The Paramount principle is that the welfare and interests of the CYP shall be the first and paramount consideration
19
Q
Define a Child or Young person in the Care and Protection od CYP section
A
A child is aged 14 and under and a young person is or older than 14 and younger 18 years - doesnot include any person who is married or in civil unions
20
Q
What are you powers and obligations under section 42?
A
Reasonable Grounds determine that it is critically necessary without warrant- Enter and Search (dwelling etc) Remove or detain Place the child in the custody of the OT Obligations: 1- Produce ID 2-State the Act 3-Within three days file the report
21
Q
Outline the role of Police in protecting unaccompanied children and young persons under section 48
A
Found unaccompanied
In a situation where their- Physical or Mental health is being impaired (or likely to be)
Constable may take
With consent Deliver into the custody of parent or guardian
No consent can place in the custody of OT
22
Q
What is your emergency power to enter and remove a child or a young person from a dangerous situation?
A
Section 42 Enter and Search dwelling etc If they believe on reasonable grounds that the CYP has suffered or is likely to suffer- ill treatment, serious neglect, abuse, serious depravation or serious harm Remove or detain Place in the care of the OT
23
Q
What are the elements of Section 10B of the summary offences Act 1981?
A
A parent or guardian or a person in care of a child under the age of 14
Leaves that child
Without making reasonable provision for the care of the child
For a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances
- This section could be applied in circumstances where children are left at home or waiting outside bars or left in cars
24
Q
Tabulate the provisions of section 214 that apply when deciding to arrest a CYP
A
No arrest of Children and Young Persons- Unless
- To ensure the CYP’s appearance in court
- Prevent further offfences
- Prevent loss/destruction of evidence
- Prevent interference with witnesses
25
Detail the information that must be given to a CYP under section 215
The rights caution must be given to the CYP in a manner that they can understand- after each section ask them to repeat in their own words what that means
This is effective when- reasonable grounds have been established the CYP has committed an offence
26
How do you obtain admissable statements from a CYP?
No statement is admissable unless:
Rights / Caution explained
CYP is allowed to consult with a solicitor/ nominated person if they wish
Statement must be made in presence of lawyer and /or
person nominated
Police have the power to not accept if the person may attempt to pervert the course of justice
If CYP refuses to have a nominated person - police can choose any adult that is not an enforcement officer
27
Search and Surveilance Act 2012 - Section 125
Rules for searching People
Identify yourself
Advise the person being searched of the act and reason for the search
Provide evidence of your identity if not in uniform
Provide an inventory of items seized and give copt to the person searched
28
Search and Surveilance Act 2012 - Section 125
Rules for searching People
Identify yourself
Advise the person being searched of the act and reason for the search
Provide evidence of your identity if not in uniform
Provide an inventory of items seized and give copt to the person searched
Always follow with Rights Caution
29
Section 7 Search and Surveilance Act 2012
Entry without warrant to arrest person unlawfully at large
30
Section 8 Search and Surveilance Act 2012
"Under arrest mate"
Entry without warrant to avoid loss of offender or evidential material
Evidential material may be CADD
Concealed- Altered, Damaged, Destroyed
31
Section 169 Search and Surveilance 2012
"169 get it in on time" - End of shift
Online notification form after using a warrantless power of entry search or surveilance
Not needed 85-88 search following arrest or detainment
S11- Search in lawful custody
91-96 A consent search
Section 14 - entry to prevent offence or risk of life
32
Section 11 Search and Surveilance Act 2012
"11 in Bars"
Custody search
Warrantless search of people who are in custody
May also search when:
They were not searched before lock up
Been in contact with others who has not been searched
believe that they may have items to harm themselves or others
May be taking money and other personable items. If offender moves so must items
33
Section 85- Search and Surveilance Act 2012
Carry out a rub down search when a person is arrested or detained to ensure they are not carrying anything that may harm any person or facilitate escape
34
Section 88- Search and Surveilance Act 2012
You may search a person pursuant to arrest or detention if you have reasonable grounds to believe that the person is carrying anything that:
Is evidential material relating to the offence
may harm any person
may be used to facilitate escape
35
Section 92-95 of Search and Surveilance Act 2012
92- You may conduct a consent search but they must consent to the search
Under 14 cannot consent to search anything other than themselves
36
TENR
```
Threat
- Intent
-Capability
-Opportunity
-Environment
Exposure
-Safety
-Security
Necessity
-Immediate, delay, not at all
Response
- Formulate a plan
-Timely and reasonable (necessary and proportionate)
```
37
Powers of Arrest- Section 315 Crimes Act 1961
315 (2) (a)
He finds
disturbing the peace or committing an offence
punishable by imprisonment
315 (2) (b)
He has good cause to suspect
Someone has disturbed the peace or committed an offence
punishable by imprisonment
38
Powers of arrest- Summary Offences Act 1981
39 (1)
He has good cause to suspect
Of commiting an offence against this act
Except 17-20, 25, 32-38
39 (2)
Within his view
Believes an offence against 17-20, 25, 32-38
And fails to give details or gives false details
39
Where do the Bill of rights fit into the arrest process
Immediately following arrest
40
What must you do and say to effect a valid arrest
Say "You are under arrest"
This must be accompanied with formally touching the body of the person being arrested
Or
Receiving an agreeement from the person that they with submit to the process
41
What is the difference between arrest with and arrest without warrant
Arrest without warrant is when someone has or we have reasonalbe grounds to believe they have committed an offence. Arrests with Warrants are when the warrant has been issued by the courts.
42
What is Public Peace
You can arrest someone if you believe they are disturbing the peace if they are likely to commit a disorder offence or cause another to commit an offence. You have the right to arrest to preserve the peace. If you do you can only keep the person in custody for 2 hours
43
What is Police Discretion
Police have the discretion to not make an arrest if there is another option available that may be more appropriate for the level of offence
44
What would you do when you come across a person with a warrant arrest reference on the computer
Ensure that the warrant is still valid prior to making an arrest, and having someone sight the warrant
45
What legal protection do you have when making an arrest
You cannot be subject to criminal or civil action for arresting the wrong person provided you have acted on reasonable and probable grounds.
46
What must you do in relation to 316 of the Crimes Act
Under Section 316 the arresting officer must either show the offender the warrant at the time of arrest or show the warrant at the earliest possible time
47
What must you do in relation to 316 of the Crimes Act
Under Section 316 the arresting officer must either show the offender the warrant at the time of arrest or show the warrant at the earliest possible time
48
What are Section 23 rights / Caution and when must you give these to an offender under the Bill of Rights Act 1990
As soon as a person is arrested or detained they must be advised of their rights
49
What is meant by Arbitrary Detention and detained under any enactment
Arbitrary means randomly, in an unrestrained way or unlawfully. There is no authority to hold anyone against their will unless they are under arrest or detained subject to a specific power of detention
50
What should you tell a suspect in order to avoid arbitrary detention
You are free to leave at any time
| You do not have to stay to answer any questions
51
When must the section 23 be given when using a specific power of search
As soon as you advise that they are being detained for the search you should advise them of their rights
52
What is likely to happen if you fail to give a suspect their rights / caution
Statements or admissions may be excluded or a case may be dismissed
53
When would a search of a person or property be unreasonable
Without or in excess of powers or authority
In an unreasonable manner
In bad faith
54
Elements of Wilful Damage
Intentionally
Damages
Property
Intentionally- A deliberate act without lawful justification, excuse or claim of right
Or A reckless act without lawful justification, excuse or claim of right
Damages- A temporary or permanent reduction in the value ar or usefulness of property
Property- Something that belongs to someone and is capable of being damaged
55
Elements of Wilful Damage
Intentionally
Damages
Property
Intentionally- A deliberate act without lawful justification, excuse or claim of right
Or A reckless act without lawful justification, excuse or claim of right
Damages- A temporary or permanent reduction in the value ar or usefulness of property
Property- Something that belongs to someone and is capable of being damaged
Summary Offences Act 1981 Section 11 (1) (a)
```
11 (1) (b)
Intentionally
A deliberate or reckless act without lawful justification, excuse or claim of right
Sets fire to
Damages through use of fire
Any tree or Vegetation
```
```
11(A)
Graffiti
11(B)
Possession of Graffiti implements
14(A)
Fine to sell spray cans to persons under 18 unless educational institutions or where id was used
14(B)
Shops must store spray can in a place where customers need help from an agent or an employee
```
56
Elements of Wilful Damage
Intentionally
Damages
Property
Intentionally- A deliberate act without lawful justification, excuse or claim of right
Or A reckless act without lawful justification, excuse or claim of right
Damages- A temporary or permanent reduction in the value ar or usefulness of property
Property- Something that belongs to someone and is capable of being damaged
Summary Offences Act 1981 Section 11 (1) (a)
```
11 (1) (b)
Intentionally
A deliberate or reckless act without lawful justification, excuse or claim of right
Sets fire to
Damages through use of fire
Any tree or Vegetation
```
11(A)
Graffiti- If he or she damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise marking it
without lawful authority
without consent of the occupier or owner or other person in lawful control
11(B)
Possession of Graffiti implements- without reasonable excuse to be in possession of a thing capable of committing an offence- in circumstances it can be inferred the intent is to use it for such a purpose
14(A)
Fine to sell spray cans to persons under 18 unless educational institutions or where id was used
14(B)
Shops must store spray can in a place where customers need help from an agent or an employee
57
Theft- Elements - Takes
Crimes act 1961 Section 219
Dishonestly - without a belief that there was consent or authority
Without claim of right - No belief in a right to own or possess the property
Takes - Physically moves the property
Any property- Anything whatso ever that has value and is the property of another person
With the intent to deprive the owner permanently of that property
or
With the intent to deprive the owner of any interest in that property
58
Theft- Elements - Takes
Crimes act 1961 Section 219 (1) (a)
Dishonestly - without a belief that there was consent or authority
Without claim of right - No belief in a right to own or possess the property
Takes - Physically moves the property
Any property- Anything whatso ever that has value and is the property of another person
With the intent to deprive the owner permanently of that property
or
With the intent to deprive the owner of any interest in that property
59
Theft - Elements- Uses
Crimes act 1961 Section 219 (1) (b)
Dishonestly
Without claim of right
Any property
Uses or Deals - uses property in a way that exceeds the authority given
With the intent to deprive the owner permanently of that property
or
With the intent to deprive the owner of any interest in that property
After obtaining possession or control of that property in what ever manner
60
What matters do you have to take into consideration when attending to a theft complaint
Circumstances of the theft
Elements of the offence
Description and the value of the property stolen
Serial Numbers
Ownership
Description of the offender and how they are indentifiable by their action
The offender's MO
Note the layout of the scene and positions of the eye witnesses
Identify other possible witnesses
61
What documentation is required for a theft complaint
Police 258 report
62
In a theft why is the value of an item important?
The current value of the item is directly responsible for the term of sentence
63
What are some other specific thefts an where can they be found
Section 220 - Theft by person in special relationship
Section 221 - Theft of Animals
Section 222- Theft by spouse
Crimes Act 1961
64
Assault
Assault with a weapon
Crimes Act 1961 Section 196 or the Summary Offences Act 1981 Section 9
Assaults- Acts of intentionally applying or attemopting to apply force to the person of another, directly or indirectly
or
threatening by act or gesture to apply such force to the person of another, if the person making threats has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose
Another Person- It has to be someone other that the offender
Assault with a weapon
Crimes Act 1961 Section 202C
As above plus
Using anything as a weapon
or Having anything with him or her in circumstances show an intention to use it as a weapon
65
Assault on an Officer
Section 10 Summary offences Act 1981
6 months or $2000 fine
66
Section 39 Crimes Act 1961
Gives a constable the power to use force in making an arrest
67
Section 40 Crimes Act 1961
Gives authority for police to use force to stop a person escaping
68
Section 41 Crimes Act 1961
To prevent someone committing suicide
69
Section 42 Crimes Act 1961
To prevent a breach of the peace
70
Section 48 Crimes Act 1961
Self defence or the defence of another
71
```
Direct Force
Indirect
Transferred Maice
Conditional Assault
Implied Consent
```
Implied Consent- Everyday technical assaults like shaking hands where it is implied that the contact is to be mutual
Direct force- Deliberate force applied directly to another person - punch
Indirect- Offender intends to apply force or hurt eg pulling a chair away
Transferred Malice - The victim may differ from the intended victim. The offender had the Mens Rea and performed the Actus Reus- eg; swinging a punch at a misses and hits b
Conditional Assault- The victim is told that the assault will not be carried out if a condition is adhered to
72
Burglary- Elements
Crimes Act 1961 Section 231 (1) (a)
Enters - Entry is complete as soon as any body part or instrument enters the building
Without Authority- An absence of authority either expressed or implied from someone who is legally able to give consent
Any Building or Ship
or
Any Part of Any building or Ship
With the intent of commiting an imprisonable offence in the building or Ship
73
Burglary- Having Entered
Crimes Act 1961 Section 231 (1) (b)
Having Entered
Remains without authority- Remains when consent to be in the building no longer applies
In any building or Ship
with the intent to commit an imprisionable offence in the building or ship
74
Robbery
Crimes Act 1961
75
Robbery
```
Crimes Act 1961
Theft
Accompanied by Violence
or
Threats of Violence
To any Person
or
Any Property
To extort the property stolen - to hand over at will
or
To prevent and overcome resistence to the property being stolen - so no resistance at time of taking
```
76
Aggravated Robbery
When a weapon is used, grevious bodily harm is caused, 2 or more offenders involved
Robbery is complete when the property is taken other wise assault with intent to rob
77
Unlawful Takes Vehicle
Crimes Act 1961 Section 226
Dishonestly
Without Claim of right
Takes- Physically moves the property
For any persons purpose - their own or another
Any Vehicle
But not so as to be guilty of theft - Unable to prove intention to permanently deprive
78
Unlawful Uses Vehicle
```
Crimes Act 1961 Section 226
Dishonestly
Without claim of right
Uses - Gains possession or control of the vehicle but then exceeds the authority by using it in different manner
Any Vehicle
For any persons purpose
But not so as to be guilty of theft
```
79
Receiving stolen Property
Crimes Act 1961 Section 246
Receives
Any Stolen property
or
Any property obtained by another imprisionable offence
Knowing that property to be stolen or so obtained
or being reckless as to whether the property had been stolen or so obtained
80
Bill of rights 1990 Section 9
Everyone has the right not to be subjected to torture or to cruel degrading or disproportionately severe treatment or punishent
81
Public Place
A place that at any material time
Is open to, or being used by the public
Whether free or on payment of a charge
And whether an owner or occupier is lawfully able to exclude or eject people from that place
Includes any vehicles
That is carrying or available to carry passengers for reward
And includes the interior of any vehicle that is in a public place
82
Fighting in a Public Place
Section 7- Summary Offences Act 1981
Fights - punching, mauling, striking or wrestling etc by 2 or more willing participants
In a public place
83
Disorderly Behaviour Likely to Cause Violence
```
Summary Offences Act 1981 Section 3
In a public place
or
Within view of a public Place
Behaves in
or
Incites or encourages any person to behave in
A riotous
or
offensive manner
or
A threatening manner
or
an isulting manner
or
a disorderly manner
That is likely in the circumstances to cause violence against persons or property to start or continue
```
84
Offensive or Disorderly Behaviour
```
Summary Offences Act Section 4
In a public Place
or
Within view of a public place
Behaves in an offensive manner
or behaves in a disorderly manner
```
85
Section 32 Summary Offence Act 1981
Urinating in a public Place
Can have reasonable grounds if they genuinely believe that they may not have been seen
86
Resisting Police
Summary Offences Act 1981 Section 23
Resists
or
Incites or encourages any other person to resist
Any officer acting in the execution of their duty
87
Obstruction (Resisting Police)
Summary Offences Act 1961 Section 23
Intentionally Obstructs
or
Incites or encourages any other person to obstruct
Any officer acting in the execution of their duty
88
Being found on property without reasonable excuse (building /Transport)
```
Summary Offences Act 1981 Section 29
Found- To Be seen or be discovered
Without reasonable excuse
In
or
On
Any Building, aircraft, hovercraft, ship, train
Any Vehicle
```
89
Being found on property without reasonable excuse (Enclosed Yard or area)
```
Summary Offences Act 1981 Section 29
Found
Without Reasonable excuse
In
Any Enclosed yard or other such area
```
90
Trespass after warning to leave- Trespass Act 1980
```
Trespass Act 1980 Section 3
Trespasses
On any place
After being warned to leave by an occupier of that place
Neglects or refuses to do so
```
3 x legal defences
Their own protection
The protection of someone else
An emergency involving their property or the property of some other person
91
Tresspass after previous warning- Trespass Act 1980
Tress Pass Act 1980- Section 4
Person has been warned previously under section 4 to stay off any place
Wilfully trespasses on that place - Offender intentionally, deliberately, without mistake, returns to the premises
Within 2 years
4 x Legal defences
Their own protection
The protection of someone else
An emergency involving their property or the property of some other person
The occupier who gave the warning no longer occupies the place concerned
92
Trespass Act 1980- Section 9
Where any person is found trespassing on any land the occupier or police may require that person to:
- Give name and address
- If they are in possesion of a firearm, give their firearms licence number
If the person fails to comply:
- Caution the person
- if they continue to refuse- arrest without warrant
93
Section 56 Crimes Act 1961
You may use reasonable force to prevent a trespass. You must not strike or do bodily harm to that person
94
Why is your ability to work in a logical manner important when carrying out initial actions at the scene of an incident
Initial action may be cruical for successful prosecution of an offender. It avoids contamination of a scene, mishandling of exhibits and moving of items.
95
What actions should you take on the way to a scene
Obtain:
- A description of the suspect
- Any vehicle description
- The suspects direction of travel
- A description of any weapons carried
Watch for vehicles and note registrations
Discuss areas of responsibility with partner- who will deal with victim and offender and how
Plan vehicle approach to ensure safety
Discuss the Safe Forward Point - where can you park safely, where will it be safe for other police to park
Consider options
96
What actions should you take on arrival of a scene
Advise Comms of arrival and obtain acknowledgement
Park in safe clear area
Discuss with partner approach to the house , building or scene
Always take radio and torch at night
Thake note of what is happening ( Good time to give SITREPS)
Advise comms of safe arrival point for other staff
Ask anybody near what is happening and where and who is involved
Ask for informant
97
Establishing Control of a scene
Control - All movement to and from the scene, all activity in the controlled area
Freeze- Keep the scene in its original state, nothing to be touched or moved
Preserve - All relevant exhibits
Setting Boundaries
Think BIG
Include the area that the offender arrived and left including vehicles
Position scene guards
Carry out SITREPS
Brief supervisors
98
Responsibilities of a Scene Guard
Prevent unauthorised people entering the scene
Record in notebook any details of anyone entering the scene
Brief authorised people
Promptly report and record any suspicious activity
Avoid contaminating or interfering with the scene
Be aware of animals and remove them from the scene
99
Definition of Claim of Right
Means a belief at the time of the act in a proprietary or possessory right in property in relation in which the offence is alleged to be committed. Can be based on mistake
100
Search and Surveilance Act 2012 Section 131
When you are using a search power in relation to a Place, Vehicle or Thing
Must Comply with Name, Act, Reason for the search (Intent to enter and search), produce ID if not in uniform, followed up with the bill of rights
101
Search and Surveilance Act 2012 - Section 9
Section 9 to K9
Stopping a vehicle to find persons at large or who have committed offences
IOf you have reasonable grounds to suspect:
Unlawfully at large
Has committed imprisonable offence
Grounds to believe they are in the vehicle
102
Search and Surveilance Act 2012- Section 121
Stopping a vehicle for the purpose of searching
Use NARI
103
Search and Surveilance Act 2012- Section 110
11zero - superhero.
Provides additional powers to help with search
104
Search and Surveilance Act 2012 - Section 29
Power to search a vehicle in a public place for stolen property
105
Search and Surveilance Act 2012- Section 112
Items of uncertain status can be seized when exercising a search power.
eg; clothing items stolen mixed in with otheritems- everything can be seized to determine
106
Search and Surveilance Act 2012- Section 123
Seizure of items in plain view. If you are conducting a lawful search for drugs and then you see weapons in plain sight, you can seize these items
107
Victims Rights Act 2002 - Section 7
Police and others dealing with victims should treat them with: Courtesy, compassion, and respect for their personal dignity and privacy
108
Victims Rights Act 2002 - Section 8
Victims and where needed, their families should have access to welfare, health, councelling, medical and legal assistance responsive to their needs
109
Victims rights Act 2002 - Section 11
Members of police and health and social services personnelshould inform victims at the earliest opportunity of the programmes, services and remedies available to them
110
Victims Rights Act 2002 - Section 12
```
The prosecuting authority must advise the victims of the :
progress of the investigation
Charges filed or action taken
date and place of proceedings
role of the victim as a witness
outcome of proceedings
```
111
Victims Rights Act 2002 - Section 51
A Persons property (other than property of the defendant) held for evidential puposes must be returned as soon as practicable when it is no longer required as evidence
112
Victims Rights Act 2002 - The Golden Rule
Treat victims as you would expect to be treated yourself
113
Victims Rights Act 2002 - The impact Stage
```
Numbness
Disorientation
Immobilisation
Feelings of unreality
Childlike Dependence
```
114
Victims Rights Act 2002- The Recoil Stage
```
Anger or Rage
Fear or terror
Frustration
Confusion
Guilt or self blame
Violation
Shifts in mood
```
115
Search and Surveilance 2012 - Section 83
Entry without warrant after arrest
If you have arrested a person and have reasonable grounds to believe that evidential material for the offence is at a place and if entry is delayed it may be CADD
169 and 131 is needed
116
Search and Surveilance 2012 - Section 84
Warrantless entry and search of a vehicle after arrest
If you have arrested a person and have reasonable grounds to believe that evidential material relating to the offence is in or on a vehicle you may enter and search that vehicle
117
Search and Surveilance 2012- Section 15
Entry without warrant to find and avoid loss of evidential material - 14 years or greater
If you have reasonable grounds to suspect on offence imprisonable is, has or is about to be committed
and you have reasonable grounds to believe that evidential material is in a place and if entry delayed it may be CADD
131 and 169
118
Search and Surveilance 2012 - Section 16
Searching people in a public place without warrant for evidential material
If the person is in a public place and you have reasonable grounds to believe that the person is in possession of material relating to an offence imprisonable of greater than 14 years you may search without warrant
125 and 169
119
Search and Surveilance 2012 - Section 17
Searching a vehicle without warrant for evidential material
If a vehicle is in a public place and you have reasonable grounds to believe that evidential material relating to an offence imprisonable of greater than 14 yearsis in the vehicle you may search without warrant
131 and 169
120
Search and Surveilance - Section 116
```
"Yellow tape and Sticks"
Securing a Place, Vehicle or thing
If you are carrying out a search of a place, vehicle or thing you may in a reasonable manner and for a reasonable duration
- secure the PVT
- Secure any area in or on that PVT
- Secure any items found
```
You can exclude any individuals from the PVT that you believe may hinder or obstruct
121
Search and Surveilance 2012- Section 117
Allows you to secure for 6 hours while obtaining a warrant 117 between 5 and 11
122
Search and Surveilance 2012 - Section 118
Are you connected mate?
If you exercise a search in relation to P or V and need to determine connection you may detain
Anyone at the original scene
Anyone who arrives
Stops at enters or tries to enter while search is being carried out
123
Search and Surveilance 2012 - Section 119
```
Powers to search persons at a place or a vehicle
You can search any persons who
Anyone at the original scene
Anyone who arrives
Stops at enters or tries to enter
```
if you have either
reasonable grounds to believe that evidential material is on that person
or
you suspect that person has dangerous items that pose a threat and you believe immediate action is required
124
Search and Surveilance 2012 - Section 120
Powers to pursue persons who flee
125
EBA- Five Scenarios where we can request a BST
Any driver of a motor vehicle on the road
Any person attempting to drive a motor vehicle
Any person you have good cause to suspect has recently committed an offence against the LTA
A driver of a motor vehicle involved in an accident
Where the diver is not known and you have good cause to suspect the passengers in the motor vehicle
126
EBA - Age Requirements
Under 20 - Zero limit
Over 20 250 and under
They have failed when they go over the limit allowed
for their age bracket
127
EBA- The four requirements through the EBA Procedure
- I require you to undergo a breath screening test without delay
- I now require you to accompany me to the _____ Police Station for the purpose of an evidential breath test, blood test or both --- Followed by rights caution
- I now require you to undergo an evidential breath test without delay
128
EBA- Infringement fee thresholds
$200
Over 20 between 251 and 450 and 50mg to 80mg
Under 20 1- 150 and 1 to 30mg
refuses to give breath- 50-80 $700
129
EBA - Arrestable offences
BST- Fails or refuses to remain for the result
Fails or refuses to accompany for an EBT
Fails or refuses to give blood when request by enforcement officer
Fails or refuses to give blood when requested by medical practioner
130
EBA - Section 95 LTA
Suspension of licence for 28 days if
Over 651 mcg or 130mg
Over 400 or 80 and convicted of anything relevant last 4 years
Failed or refused blood test
131
EBA- Section 96 LTA
Impound Car for 28 days
Over 400 or 80 and 2 previous convictions in last 4 years
Refused blood test and 2 previous convictions for relevant offences past 4 years
132
Crimes Act 1961 Section 66- What makes a person party to an offence
Commits the offence
Aids
Abets
Incites/ Councels/ Procures
133
Crimes Act 1961 Section 66 (2) Criminal Responsibilities
Two or more people form a common intention and agree to carry out a plan
If the commission of the offence was known to be a probable consequence - likely outcome / unknown outcome
134
What are the elements contained in section 72 that create the offence of attempting to commit an offence
Intent, Actus Reus and proximatey
135
Any examples of when Section 72 would not apply in regards to the attempting to commit an offence
Attempted Murder
Attempted Arson
Attempted Sexual violation
136
What are the penalties for someone charged with an attempt
The attempts penalty will be half of the maximum penalty of the subsantive penalty
137
When would an attempt be factually impossible but legally possible
When an offender has intent, actus reus and proximatey but they cannot complete- for example R v Ring where the offender tries to steal from a pocket but the pocket was empty
138
What is the definition of a firearm - airgun- pistol
Firearm- Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive
- Anything that has been adapted so that it can fire a shot
- Anything that for the meantime is not capable of firing a shot but by its completion or the replacement of a component or the repair of any defects would be a firearm
- anything dismantled that would be a firearm
- a especially dangerous air gun
Airgun includes
Air rifle, air pistol weapon which uses compressed air or gas
Pistol- any firearmthat is designed or adapted to be held with one hand and includes any firearm that is less than 762mm
139
Who may lawfully posses a firearm, Airgun, MSSA or pistol?
0-16 cannot own a firearm or air gun but can use one under immediate supervision
16-18 - requires a licence for both a firearm and an airgun
18 - Requires a licence for a firearm but not an airgun
Category A - Full licence for conventional firearms
Category B- Pistol- providing belong to a gun club
Category C- Collections, restricted weapons
Category D - Firearms dealers
Category E- Military style semi- automatics
140
Duties of Licence holders
Keep licence legible and undamaged
Produce it to the police on demand - like a drivers licence
If they do not have the licence- produce it at a police station within 7 days
If change of address notify within 30 days
Report to police in writing of any thefy, loss or destruction
If death or injury results from the use of the firearm report the circumstances to police as soon as practicable
Licence lasts for 10 years
141
How are licences obtained
A person decides they want a licence
If 16 - 18 parental permission required
Application for firearms licence logged with police
Applicant sits test
Police conduct inquires into the suitability
Licence issued
142
Section 40 of the Arms Act 1983
{Power to demand the particulars of anyone on possession of a firearm
Full name, address and DOB
If they refuse warn and then if they continue arrest
143
Section 18 of Search and Surveilance
If you have reasonable grounds to suspect that a person who is carrying arms or is in possession of them or has them under their control and they are in breach
or
the persons M or P health is incapable of proper control
or
may cause bodily injury or kil due to mental or physical health
or a protection order is in force
grounds to make an application against the person for protection order
May search and seize
144
Arms Act 1983 Section 45
Unlawful Carriage or possession of a firearm or airgun or pistol or restricted weapon or explosive
Except for some lawful proper and sufficient purpose
Carries or is in possession of
Firearm or AG or Pistol or RW or Expolsives
145
Arms Act 1983 Section 46
Carrying an imitation firearm
Except for some lawful proper and sufficient purpose
Carries
An imitation firearm
146
Arms Act 1983 Section 48
Discharging a firearm or airgun, or pistol or restricted weapon in or near a dwelling house or public
Without reasonable cause
Discharges
A firearm, or airgun, or pistol, or RW
In or near a dwelling house or in or near a public place
So as to endanger propert
or any person or annoy any person or frighten any person
147
Arms Act 1983 - Section 52 (1)
```
Presenting a firearm
Except for some lawful and sufficient purpose
presents
A firearm, or airgun, or pistol, or RW
At any other person
```
148
Arms Act 1983 - Section 52 (2)
Presenting anything
Except for some lawful and sufficient purpose
presents
anything
In the circumstances is likely to lead that person to believe it is a firearm, or airgun, or pistol, or RW
At any other person
149
Arms Act 1983 - Section 66
Every person in occupation of land or building or driver of a vehicle on which a firearm or other is found is deemed to be in possession of that thing unless they prove that it is not their property and that it was in the possession of someone else
150
Crimes Act 1961 Section 62
Criminally liable for excess force
151
Definitions Under Sale and Supply of Alcohol Act 2012
Bar - Part of hotel or tavern used exclusively for sale of alcohol
Club- Body corporate having as its object participating or promoting sport/recreational activity; whose object is not gain; holds permanent club charter
Minor - Person under the age of 18
Alcohol- more thn 1.15% or more ethanol than weight- fermented or frozen
Licenced premises- Any premises where a licence is held
Restricted area - An area where minors are not permitted
Supervised area- An area where minors can be supervised by parent or guardian
Undesignated Area
152
What are the different licence types and scope under SASAA
On Premise - Sell, supply and allow consumption - BYO - anyone who is there to dine
Off Premise - Sell, Deliver and arrange delivery
Club - Sell, supply allow consumption for members
Special licence- licences for special occasions or events
153
Definition of Intoxication
Obsevably affected by alchohol to such a degree that 2 or more of the following are present:
154
Power to enter under Sale and Supply of Alcohol Act 2012
Section 267 SASAA
Can enter a licenced premise at any reasonable time
or
At any time (closed) if you have reasonable grounds to believe that an offence is going to be committed against the act on on those premises
155
Under Sale and supply of alcohol Act how must Licences be displayed
A copy of the licence must be displayed at all times. Must be attached to the interior of the premises so as to be easily read. Licence outlines maximum hours and any conditions
Managers name to be displayed
If not present or incorrect you should bring this to the attention of the duty manager or licencee
Report the matter to the alcohol harm prevention officer
156
National default maximum trading hours under SASAA 2012
On licence or club 8am - 4am
| Off prem 7am and 11pm
157
Designated Areas for Minors under SASAA 2012
Under 18 can be in Supervised areas with parent or guardian present
Restricted they cannot enter
Licence will inform what recrictions are
158
Definition of intoxicated
S- Speech impaired
C- Co-ordination impaired
A- Appearance
B- Behaviour
Need to have 2 or more of these present
159
Sale and Supply of Alcohol Act 2012 Section 269
When a constable has reasonable cause to suspect any person
Is/ has/ is attempting
Any offence against this act
Can require details
Name
Address
DOB
If details are believed to be false- caution then arrest
Power of arrest 269
160
How can we deal with minors- SASAA 2012
Verbal, Written, take action, infringement notice
| Can charge in a district court - arrest - summons
161
Staff restrictions under SASAA 2012
Staff must be 18 to work in licenced premises in supervised or restricted areas
```
Except-
Cleaning etc
removing / replacing, maintenance etc
Stock taking
Checking or removing cash
Preparing / serving meals
```
162
Offenses by Patrons and barstaff SASAA 2012
Patrons must not stay any longer than 30 mins after closing
Barstaff will be committing offenses at any time a patron is- supplementary or complimentary offense. Owner and or duty manager will also be offending
Defences-
Checked ID 18+ Card, Passport, Drivers licence
Provided training to staff
Temporary closures
Maximum of 24 hours- the rest of that day plus 24 hours
Authorised by a sergeant
163
SASAA 2012 Public Places
Not an offence to have possesion of alcohol- has to be possession with the intent to consume in public
Section 38 Summary Offences Act
Public Transport the same
164
Detox under SASAA 2012
Person is:
Incapable of protecting themselves
Likely to cause physical harm to another person
Likely to cause significant damage to property
Take home or somewhere else- wherever practical
Temporary She;ter
A police station- up to 12 hours or until the person ceases to be intoxicated- if still intoxicated get a dr to assess- can be extended 12 hours
165
What deaths must be reported to the Coroner
```
S- Suicide
C- Cause unknown or no Dr's cert
U- Unnatural or violent death
M- Medical / Surgical/ Dental deaths
B- Births or Deaths during pregnancy/ birth
I- Institutional
E - Enactment - Home D CYFs
```
166
What does the Coroner inquest establish
Cause of death
Identity
Fact that the person has died
167
In what situations must the coroner hold an inquest
Suicide
Institutional Deaths
Any death in which the coroner is notsatisfied that the cause or circumstances of the death have been established
168
What are the purposes of an inquest
```
The First purpose
The fact that person has died
The identity of the deceased
The cause of death
Where and when
The circumstances
```
The Second Purpose
To make recommendations or comments that if drawn to public attention may reduce the chance of it happening again
The third purpose
To decide if the public interest would best be served if another party investigated
169
Who can certify the death of a person
```
Nurse - practitioner/ registered/ enrolled
Registered Medical Practitioner
Registered Midwife
Intensive care paramedic
Paramedic
Emergency Medical technician
```
170
Summary Offences Act 1981, Section 13A
Possession of a Knife:
In a public Place
Without Reasonable excuse
Has any knife
In his or her possession
171
Possession of Offensive Weapons or Disabling Substances (Public Place)
Crimes act 1961 Section 202A (4) (a)
Without lawful authority or reasonable excuse
Has with him or her
In any public Place
Any knife or offensive weapon or disabling substance
Power of arrest Section 315 (2) Crimes Act 1961
172
Possession of Offensive Weapons or Disabling Substances
Crimes act 1961 Section 202A (4) (b)
Has in his or her possession
In any place
Any offensive weapon or any disabling substance
In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence
Power of arrest Section 315 (2) Crimes Act 1961
173
Specific Powers of search for Weapons
Search and Surveilance Act 2012 - Section 27 for people and section 28 for Vehicles
174
Indecent Exposure - Summary Offences Act 1981 Section 27
```
In or within view
Public Place
Intentionally
Obscenely
Exposes any part of his or her genitals
```
Defence- Reasonable grounds for believing that they would not be observed
Power of Arrest Section 39 (1) Summary Offences 1981
175
Definition of Indecent
Not conforming with generally accepted standards of behaviour, especially in relation to sexula matters
176
Indecent Act- Section 125 Crimes Act 1961
Wilfully
Indecent Act
To which the public have or are permitted to have access, or within view of any such place
Power of Arrest 315 Crimes act
177
Indecent Act with Intent to insult or offend- Section 126 Crimes Act 1961
With intent to Insult or Offend
Does an Indecent Act
In any place
178
Indecent Assault- Section 135 Crimes Act 1961
Indecently Assaults
Another Person
Powers of Arrest- Section 315
Section 132 - Indecent act on a child under 12
Section 134 - Indecent Act on a young person under 16
179
Crimes Act 1961 - Section 216G
Intimate Visual Recordings
Made on any medium without the knowledge or consent of the person who is the subject of the recording
180
Crimes Act 1961 Section 128
128 (1) (a)- Rape - A person who rapes another person
128 (1) (b) - Unlawful Sexual Connection - Any person having unlawful sexual connection with another person
181
Consent Definition
Consent is a person's conscious and voluntary agreement to something desired or proposed by another
Not legal consent:
- A person does not consent because he or she does not protest or offer physical resistance
- If he or she allows the activity because of force applied to him/her or another or threat or fear of force
- A person cannot consent when they are asleep or unconscious
- A person cannot consent if they are so affected by alcohol or drug that they cannot or refuse to consent
- If affected by intellectual/physical/mental condition or impairment
- Where they are mistaken about the identity of another person
- If they are mistaken about its nature and quality
182
CALMTEA
C- Conduct your dealings in a sensitive and concerned manner
A- Accept what they are telling you is the truth until there is evidence to prove the contrary
L- Listen to what they tell you, giving them an opportunity to tell their account in their words, even just to vent their feelings
M- Medical attention- Establish if they need it
T- Treat them courteously
E- Explain the process and the reason why you need to follow the process
A- Advise them of local councelling services where relevant
183
Mental Health Definitions
Mental Disorder- In relation to any person means an abnormal state of mind (whether of continuous or intermittent nature) charaterised by delusions or by disorders of mood, perception, volition or cognition of such a degree that it:
- poses a serious danger to the health and safety of that person
- seriously diminishes the capacity of that person to take care of themself
Restricted Patients- Patients who are subject to compulsory treatment order but are considered to present a danger to the public
Special Patients- detained by way of a court oder if they are found to be criminally insane or unfit to plead - includes those on remand for phychiatric report
DAO- Duly authorised officer- Qualified nurses who have specialised in the area of mental health and then received on going training
Restricted and Special may be returned at any time to hospital
Compulsory can be returned if found within 3 months of going missing
184
Mentally Disordered People in a Public Places
| Section 109
Police may apprehend
Any person wandering at large in a public place
Behaving in a manner that gives rise to a reasonable belief tht he or she may be mentally disordered
The member believes it is the interest of the person or public to do so
185
Assisting a DAO - Section 41
Police can be called to assist at DAO so they can assess or transport a patient for assessment
Any member of police if called upon can
Enter the premises by force if necessary
Detain the person in those premises until the assessment examination has been conducted
Take the person to some other nominated place for purpose of medical examination and detain at that location until afeter completeing examination
186
Assisting a Medical Practitioner - Section 110
Police can be called to assist at Medical Practioner so they can assess or transport a patient for assessment
Any member of police if called upon can
Enter the premises by force if necessary
Detain the person in those premises until the assessment examination has been conducted
Take the person to some other nominated place for purpose of medical examination and detain at that location until afeter completeing examination
DR may use sedatives if they consider it necessary
187
Section 122B Mental Health Act
May use force as is reasonably necessary in the circumstances
188
Definition of a missing Person
Any person who is reported missing to police
Whose whereabouts are unknown
and
There are fears for the safety, or concerns for the welfare of that person
189
ZAC - Missing persons
Age: In the case of children or elderly fears may arise as soon as their absence is noted
Zones of Safety: Fears arise when the person is outside of their usual surroundings and is unable to cope
Circumstances: Fears arise if they have gone missing in circumstances that are unusual, dangerous or suspicious
190
Categories of Missing Persons
Voluntary
Involuntary
Lost due to event
Missing overseas
