Operational Flashcards
(246 cards)
1
Q
What should a Supervisor do if notified of a doubtful or mistaken arrest?
A
assess the circumstances of the arrest and if necessary:
- attend and apologise, explaining the situation to the arrested person
- take all necessary steps to appease the situation and offer reasonable assistance to help the arrested person
- treat any complaints as required
2
Q
who can execute a warrant to arrest?
A
Any police member
3
Q
Where there is a warrant to arrest, must you be in possession of the warrant to make an arrest?
A
No
4
Q
A Warrant Management Record will be created in LEAP for each person that has unexecuted warrants. These are assigned to the originating work unit in the first instance.
What should a supervisor do when managing the LEAP WMR Module?
A
Assign an investigating member within their work unit to each WMR, allocate review dates and advise investigating members of theor obligations regarding investigations.
5
Q
The Sherriff’s Office have arrested a person on a warrant and brought them to a police gaol. What must the custody supervisor do?
A
- Handle the prisoner as if being lodged by police
- Ensure the warrant has been correctly ‘backed up’ by the arresting Sherriff’s Officer
- complete the ‘warrrant section’ of the Sherrriffs Office Arrest/Gaoling Report as provided by the arresting officer
6
Q
What is the form of the oath for an affidavit?
A
I (name) swear/promise by almighty God* that the contents of this affidavit are true and correct.
- the peson may name a God recognised by the person’s religion
7
Q
What is the affirmation for the making of an affidavit?
A
I (name) do solemnly and sincerely affirm that the contents of this affidavit are true and correct.
8
Q
When can the words “I promise to tell the truth” be used for the making of an affidavit?
A
In the case of a child or a peson with a cognitivve impairment
9
Q
Must a religious text be used in the taking of an oath for an affidavit?
A
No. And the oath remains effective even if the person who made it does not hold a religious belief.
10
Q
Which Victoria Police employees can witness an affidavit?
A
A member of or above the rank of Sergeant or who is in charge of a police station.
A VPS4 or above.
11
Q
What are the requirements for witnessing an affidavit?
A
Must be in the same physical location as the person making the affidavit and within each others presence.
Must see the person sign the affidavit and hear them say the oath/affirmation
You must sign the affidavit and legibly write, print or stamp your name, address and status and ensure that the place and date the affidavit is sworn/affirmed is written or printed above the makers signature.
12
Q
A member has incorrectly sworn or taken an affidavit. What must they do?
A
Immediately notify their Work Unit Manager. The Work Unit Manager will then assess the circumstances and seek advice from PSC and PFSU before taking any action.
13
Q
Which people are empowered under the Bail Act as Bail Decision Makers?
A
a court
a bail justice
a police officer
a sherriff or person authorised under s.115 of the Fines Reform Act
14
Q
What does the Bail Act define as an Aboriginal Person?
A
a person who -
a. is descended from an Aborigine or Torres Strait Islander; and
b. identifies as an Aborigine or Torres Strait Islander; and
c. is accepted as an Aborigine or torres Strait Islander by an Aboriginal or Torres Strait Island community.
15
Q
When does a peson have a Terrorism Record as defined in s.3AAB of the Bail Act?
A
a person has a terrorism record if they have been convicted of a terrorism or foreign incursion offence, or is or has been subject to a terrorism related order.
16
Q
What does s.3AAAA of the Bail Act define as a “Vulnerable Adult”?
A
a person of 18 years of age or more and has a cognitive, physical or mental impairment that causes the person to have difficulty with:
- understanding their rights; or
- making a decision; or
- communicating a decision
17
Q
In accordance with the Bail Act, which police officers can make a decision to bail or remand a person accused of an offence?
A
A Sergeant or above, or a member who is in charge of a police station.
18
Q
Does a charged person have a right to Bail?
A
an arrested person has a prima facie right to be granted bail unless a Bail Decision Maker is required to refuse bail by the Bail Act
19
Q
The Bail Act recognises certain circumstances where the prima facie entitlement to bail does not apply. What are they?
Hint: There are 5
A
- there is an unacceptable risk if the person is released on bail
- the accused is charged with a Schedule 1 offence and cannot demonstrate exceptional circumstances
- the accused is charged with a Schedule 2 offence commited whilst on bail, summons, at large awaiting trial, on a CCO or Parole Order for any Schedule 1 or 2 offence and they cannot demonstrate exceptional circumstances
- the accused is charged with a Schedule 2 offence and cannot demonstrate compelling reasons
- the person has a terrorism record, or the court (as the bail decision maker) determines that there is a risk that the person will commit a terrorism or foreign incursion offence and they cannot demonstrate exceptional circumstances or compeeling reasons.
20
Q
When must Police and Bail Justices NOT grant bail:
A
- a person is accused of treason
- a person is accused of murder
- a person who has a terrorism record (irrespective of the offence they are charged with)
- a person charged with a Schedule 1 offence, or to whom the exceptional circumstances test applies unless:
a. the accused is a child, a vulnerable adult or an Aboriginal Person; or
b. they are only in exceptional circumstances for an offence against the Bail Act, or conspiracry, incitement etc to commit an offence agaisnt the Bail Act - a person (other than a child, a vulnerable adult or Aboriginal person) who is who is charged with a Schedule 2 offence and who is already on two undertakings of bail for other indictable offences.
21
Q
Waht are the grounds for refusing bail or adjourning the bail applciation in the first instance?
A
The bail decision maker may:
- refuse bail if satisfied there has not been enough time to obtain suffficient information to decide the matter.
- refuse bail if a person is charged with casing injury to another person and it is uncertain whetehr the person will die or recover from injury
- adjourn the matter for up to four hours if the accused appears to be seriously affected by drugs or alcohol. If the accused is still substance affected after 4 hours the bail decision maker may adjourn the matter for one further 4 hour period.
22
Q
If imposing conditions when granting bail, you must ensure that the conditions are what?
A
- no more onerous than is required to reduce likelihood that the person may pose an unacceptable risk
- reasonable, having regard to the nature of the offence and the accused’s circumstances
- consistent with any intervention order or safety notice that applies to the accused
23
Q
When considering granting bail for a family violence offence, what must you consider?
A
Whether the accused poses a risk of committing family violence and whetehr that risk could be reduced by the imposition of conditions or the making of a family violence intervention order
24
Q
When imposing a bail condition that is inconsistent with a condition of an existing intervention order of FVSN what must you be satisfied of:
A
that the bail condition better protects the safety or welfare of the victim of the offence or a protected person.
25
If a police bail decision maker grants bail with a condition that is inconsistent with an existing intervention order or FVSN what must the informant do?
Apply to vary the original order to ensure civil action is consistent with the bail conditions.
26
What is a Class 1 Emergency?
a major fire; or
any other major emergency for which Fire REscue Victoria, the CFA, or the Vic SES is the control agency under the state emervency management plan
27
What is a Class 2 emergency?
a major emergnecy which is not -
a Class 1 emergency; or
a warlike act or act of terrorism; or
a hijack, siege or riot
28
Emergency Management
What is a control agency?
The agency responsible for leading the response to a particular type of emergency.
29
Emergency Management
Can the control agency change during an incident?
Yes. The control agency may change depending on the circumstances.
Example: Car accident that results in a fire would initially be under the control of a fire agency. After the fire is extinguished control would be transferred to Vicpol for the investigation.
30
Where are the control agencies for emergencies likely to be encountered described?
table 9 of the State Emergency Management Plan
31
Which emergencies does the State Emergency Management Plan nominate Vicpol as the control agency for?
There are 8
```
Road & Rail Accidents
Explosive Devices
Shipping Accidents
Rescue - land/water
Search - land/water
Threats to Life or property
Civil Aircraft Accidents
Food supply or critical infrastructure damage or disruption
```
32
Emergency Management
What are the 6 ICCS functions?
Hint: POLIIP
```
Planning
Operations
Logistics
Investigation
Intelligence
Public Information
```
33
Emergency Management
Who does the Incident Management Team consist of?
Police Forward Commander / Police Commander and ICCS Functions
34
Emergency Management
Who does the Emergency Management Team consist of?
The incident controller and a representative from each agency or group involved in the response to an emergency.
35
Emergency Management
What is the Safety Advisor Role?
Not a functional cell but rather a direct report to the Police Forward Commander. The safety advisor manages risks to health, safety and wellbeing of police, support agencies and the community.
36
Emergency Management
Who assumes the role of the role the Police Forward Commander?
Usually the most senior police member at the scene intially
37
Emergency Management
What is the role of the Police Forward Commander?
They are in charge of all police resources supporting the incident controller. They may also performt he role of the IERC
38
Emergency Management
What are the responsibilities of the poolice forward commander?
WEar the relevant tabbard
Assemble and chair an IMT
Participate in the EMT (if oolice are the control agency the PFC must establish and lead the EMT)
Establish a command structur eto suit the circumstances
Implement ICENCIR (Isolate, Contain, Evacuate, Negotiate, Conclude, Investigate, Rehabilitate)
Establish the Police Forward Command Post or relevant level Police Operations Centre
Perform all functions of the ICCS system, or delegate functions to other personnel
Ensure that all Emergency Management Records are kept
Prepare the required operational dicumentation:
- if Vicpol is the Control Agency prepare an overarching Incident Action Plan
- if Vicpol is a Support Agency prepare a Vicpol specific Incident Action Plan
Communicate the emergency management objectives and outcomes detailed on the Incidetn action Plan to everyone involved. Upload the document to PEEC
Use PEEC to record and track all decisions relating to the emergency where possible to do so. If an IPOC is in operation PEEC should be used
39
What is PEEC?
Police Emergency and Event Command - a web based system to record decisions and communications
40
What is an IPOC
Incident Poloce Operations Centre
41
What format should you use for on-air directions when you are the police forward commander?
The ORC format
- Objective e.g. "The objective is to isolate and contain the offender to the house"
- Risk e.g."The risks are the offender is armed with a knife"
- Communicate - a mitigation plan to deal with risks e.g. If the offender attmpts to leave the property maintain distance..."
42
What does ICENCIR stand for?
```
Isolate
Contain
Evacuate
Negotiate
Conclude
Investigate
Rehabilitate
```
43
What does SMEACS stand for?
```
Situation
Mission
Execution
Administration/Logistics
Communications
Safety
```
44
Active Shooter
Who becomes the Contact Team Leader?
Senior Member/First Supervisor
45
Emergency Management
What is evacuation?
A risk management strategy that may be used to reduce loss of life or lessen the effects of an emergency on a ci=ommunity, prior to the onset of, or during, an emergency. It involves the movement of people threatened by a hazard to a safer location.
46
Active Shooter
When is an incident an "Active Shooer" incident?
The offender:
Has killed or seriously injured people; &
Is continuing to attempt to kill or seriously injure people; &
Has access to further victims
47
Active Shooter
What are Contact Teams?
Formations of police officers, in temas of two or more members, whose specific task is to contain or prevent continued life threatening actions by the offender/s.
48
Active Shooter
What are Rescue Teams?
Formations of police officers in teams of two or more members whose specific task is to enter areas previously cleared by contact teams to aid in the evacuation of persons and allow for medical treatment of injured persons
49
When should a report of family violence be investigated?
All reports of family violence must be investigated, no matter where they originated from
50
If the AFM does not consent, should family violence still be investigated?
family violence incidents must be investigated with, or without, the consent of the AFM
51
Who should referrals be made for as a result of a FV incident?
Appropriate referrals must be made for all parties involved in a FV incident
52
What are Family Violence Investigation Units responsible for?
investigating serious and complex family violence cases
managing high-risk complex and repeat cases
supporting and advising general duties memebrs and specialist units
53
What is your power of entry for Family Violence incidents?
s.157 Family Violence Protection Act
May enter & search any premises where the officer believes on reasonable grounds a person to be if -
a. reasonably believe the person has assaulted or threatened to assault a family memebr; or
b. reasonably believe the person is on the premises in breach of an IVO or FVSN; or
c. reasonably believe the person is/has refused or failed to comply with a direction; or
d. the officer has express or implied consent of an occupier of the premises to do so
54
What must a memebr do if they receive information regarding a FV incident over the telephone?
Assess the need for police attendance. If there is any indication that any person is at risk of harm they must immediately arrange for police attendance via Police Communications
55
When can a FVR (L17) be taken over the phone?
Where there is no risk of harm to any party and no offence agaisnt the person is identified. Approval must be given by Sergeant or above to take the report prior to its commencement. The name of the Sergeant must be recorded in the L17
56
When can you identify more than one primary aggressor in a FV incident?
Where there may be multiple aggressors and one AFM
57
Should cross applications for IVO be made?
Cross applications for IVO or FVSN must not be made
58
How is investigation primacy in a family violence response determined?
By the Family Violence risk score and the Accountability & Resource Model category rating.
59
When do frontline members retain investigation and risk management of FV cases?
Where the case is rated medium or standard risk, with further monitoring and coordination by the FVLO
60
How should parties be referred to in an Family Violence report (L17)?
As the Respondent and AFM
61
When must police make a madatory report to Child Protection?
When they believe a child is in need of protection or at risk of significant harm as a result of physical or sixual abuse.
62
Where members make a mandatiry report to Child Protection who else should they notify?
The local SOCIT
63
Where is the power of arrest for a breach of a FVSN?
s.38 of the Family Violence Protection Act
64
What is the power of arrest for a summary breach of IVO?
s.124 Family Violence Protection Act
65
Where a person who is alleged to have breached an IVO/FVSN is not at the scene, what should members do?
- conduct an investigation to locate and interview the alleged offender within 24 hours
- if unabe to locate the offender within 24 hours members are to submit a Person Wehreabouts Desired form
66
What must both the applicant and the issuing sergeant believe a FVSN is necessary for in order to issue the FVSN?
- ensure the safety of the AFM
- preserve any propertyof the AFM
- protect a child who has been subjected to fmaily violence committed byt he respondent
67
What circumstances must exist before an pplication can be made for a FVSN?
- the FVR is completed
- the Respondent is aged over 18
- the Respondent is not cognitively impaired
- there are reasonable grounds to suspect there si no Family Law Act order, child protection order or CCO in force that is inconsistent with the propsed terms of the FVSN
- no active IVO is in place between the AFM and Respondent
- police are going to act as the applicant for the IVO
68
When an issuing officer considers an application for a FVSN, they are required to be satisfied onreasonable grounds that:
- the issue of a FVSN is necessary and in accordance iwth s.26FVPA
- there are no active IVO's in palce between the AFM and the Respondent
69
Before making a decision on whether or not to issue a FVSN, the issuing officer must what?
- discuss the circumstances with the member responding to the family violence incident
- be satisfied that the member has formed an opinion on reasonable grounds to meet the criteria
- may, of applicable, hear from the AFM or Respondent
70
When setting the court date for a FVSN, what time frame should the mention date be booked?
as close to the maximum 14 days allowed after the commencement of the FVSN. However, where the Respondent is removed from the home, the mention date should be listed as soon as practicable.
71
How are court dates to be booked for Family Violence Safety Notices?
via the Electronic Mention Diary.
72
When booking a court date for a FVSN on the Electroninc Mention Diary what should you do if there are no court dates available within the 14 day maximum?
Contact the proper court, or the Magistrates Court After-Hours Service for direction
73
What is the proper court venue for the hearing of a FVSN?
The court closest to the AFM's residential address
74
What must be done with the original copies of aFVSN after it has been served?
1. they must be faxed/emailed to the nominated court prior to the hearing date
2. They must be sent via DX or delivered in person for filing by the court prior to the hearing date.
75
When is an Application and Summons (with or without interim) appropriate?
When there is no immediate danger to person or property, but action is required.
76
When is a Complaint & Warrant for IVO the appropriate course of action?
When an Application & Summons is not appropriate and the Respondent is not in custody
77
When can members use Family Violence Holding Powers?
- If they intend to make application for a FVSN, Intervim FVIO, or to vary an existing Interim or Final FVIVO
- For the service of a FVSN, Interim FVIO, FVIO or Declared Interstaet or Nationally Recognised DVO if the memebr reasonably believes an order ahs been issued but is yet to be served on the person
78
Befoer exercising Family Violence Holding Powers members must be satisfied that there is both:
- reasonable grounds for suspecting the person is over 18 years old
- reasonable grounds for believing that exercising the power is necessary to ensure the safety of the AFM or protect their property.
79
What can members use Family Violence Holding Powers to direct a person to do?
- remain at a place where the person is when the direction is given
- go to and remain at a place stated by the member
- remain in the company of the member, or another member, or with a person stated by the member (with the consent of that person)
The preferred option is always to accompany a member to a police station
80
With regard to Family Violence Holding Powers, when do police have a detention power?
If a directed person refuses or fails to comply with a direction.
81
Family Violence Holding Powers
Where a directed or detained person goes to a police station, they are to be what?
1. Entered in the attendance module
2. Informed of their rights using Form 1266 and given a copy of the form
3. Told at the time the direction is given, or as soon as they arrive at the police station that they may contact a friend or relative to inform them of their whereabotus, and that they may communicate with, or attempt to communicate with, a legal practitioner
4. Given access to facilities to enable that communication unless there are reasoanble grounds to suspect that the communication is likely to jeopardise the AFM's safety or their property
5. given access to independent assistance if required
82
When do Family Violence Holding Powers commence, and how long do they last for?
The time period commences when the direction is given and last for 6 hours. A court may grant an extension for up to four hours if satisfied circumstances exist that justify it.
83
Can a person be interviewed for a criminal offence while subject to Family Violence Holding Powers?
No
84
Wehre a person is in custody for a criminal offence, but a FVSN or FVIO is to be issued, what is the correct procedure?
1. Conduct the interview for the criminal offence
2. The person is to be released from custody for the initila reason for attendance, including all Attendance Module disposition
3. Police may then use Family Violence Holding Powers and the person is re-entered in the attendance module using the specific attendance codes.
85
What can police take fingerprints for?
- to confirm identity
- to assist in the investigation of or obtain evidence concerning an indictable offence or a summary offence referred to in Schedule 7 of the Crimes Act
86
Can fingerprints be taken even if a matter is to be dealt with via infringement notice or caution?
Yes, wehre a legal power and justification to fingerprint exists.
87
What is required by 464K (3) & (6) of a member requiring fingerprints from adults and children aged 15 or above
- audio or adiou visually record fiving the information and the suspect's response, if any, in line with Request for Fingerprints from Person Aged 15 years or more; or
- for Schedule 7 summary offences that are not recorded, read and complete the Request for Fingerprints from Person Aged 15 years or more (Form 262); and
- give a copy of the recording, or provided thsuspect with a copy of the completed and signed form 262
88
What is required if fingerprints are required of a person aged 15-17
- a parent or guardian must be present, or an independent person if parent/guardian cannot be located, needs to be present during the request for the fingerprints, giving the information and taking fingerprints
- if the person that is above 15 does not give informed consent, seek authority to use reasonable force.
89
Who must be present when requiring fingerprints from a child aged 10-14 years?
A parent or guardian. An independent person cannot give consent for the takign of fingerprints for a child aged 10-14
90
Who must consent for fingerpritns to be taken from a child aged 10-14 years?
Both the child and the parent/guardian must give consent.
91
Who can give authority for the use of force to take fingerprints from an adult or child aged 15-17?
A sergeant or above, or a memebr for the time being in charge of a police station. That should be independent of the investigation if possible.
92
What are the guidleines if force is used to take fingerpritns from a child aged 15-17?
- taking the fingerprints must be recorded by audio visual recording if practicable, or by audio recording
- a parent/guardian, or independent person must be present
93
Should operational safety equipment be worn in an interview?
Firearms should be removed and appropriately stored before interview unles exceptional circumstances exist. In those circumstances, consult with the Custody Supervisor and make an appropriate notation in the Attendance Module
94
If a peson is to be interviewed and they do not have a lawyer, but a=wish to speak to one, where should memebrs refer to?
The Legal Practitioner REferral Guide
95
When can members refuse a person who is to be interviewed their rights?
where they believe on reasonable grounds the communcation will result in:
- the escape of an accomplice
- the fabrication or destruction of evidence
- danger to the safety of other people
96
Waht should you do if there is doubt about a person's fitness for itnerview?
Seek clinical advice from a Forensic Medical Officer
97
Who must be present during the interview of any person with a cognitive impariment?
An independent third person
98
Who can act as an independent third person for the interview of a person witha cognitive impairment?
A trained ITP, a parent, guardian, relative or close friend of the person. A trained ITP should be engaged whenever possible unless sufficient justification exists for this not to be the case.
99
What is the VPPIU and what do they do?
Victoria Police Prisons intelligence Unit. They are the liaison point with Corrections Victoria.
100
What must police do in order to interview an offender in prison or gaol for an offence other that the offence for which they are in custody, where they do not give informed consent?
Apply to the Magistrates Court (or Childrens Court) for an order under 464B Crimes Act
101
What must be done with any telephone calls received at the station which are to be given toa mobile unit for response?
They must be:
- recorded
- relayed to police communications
102
Who is resonsible for the allocation of events to patrol units?
Police Communications
| Patrol Supervisors or sub-officers may allocate priorities according to local needs.
103
What are the minimum member requirements for a Primary Response unit?
Must contain two members
104
What are the minimum member requirements for reception duties at a 24 hour station?
Two members must be rostered to perform reception duties, and it must be open to the public
105
When can a secondary response unit contain one member performing duties alone?
A secondary resposne unit may contain one member performing duties alone, provided they:
- conduct a risk assessment before and throughout their duties
- implement appropriate risk mitigation strategies
106
What must a secondary response unit containing a single member not do?
- electively intercept vehicles
- field contact suspects
- respond to tasks or public incidents other than as backup to primary response units
107
When do the minimum member requirements not apply?
where the member believes that they need to immediately respond to prevent the loss of life or serious injury to themselves or another person.
108
To ensure appropriate accoutnability and oversight of operational duties, how are members required to record and report on operational duties?
- Patrol Duty Return or ePDR
- contemporaneous notes
- Official Diary
- Incident Fact Sheets
109
Waht must Supervisors do as soon as practicable with Patrol Duty Returns?
check the partrol duty retun to ensure its completeness, including:
- all patrol duty returns have been submitted
- all taks have recorded dispositions
- task narratives adequately record disposition
- justification for use of force, searches and field contact submissions are explained
- all relevant forms are completed and checked for accuracy
110
What must the Supervisor do after checking the patrol duty return?
- intial the patrol duty return to acknowledge its completeness or adequacy
- note any discrepancies and return to the respective member for rectification/explanation
- submit to a work unit manager for recording as required by local instructions.
- in the case of an ePDR electronically approve the ePDR.
111
What is an IFS?
Incident Fact Sheet
112
When are Supervisors responsible for ensuring an IFS is submitted?
After any significant or high-proflie incident, such as any matter likely to:
- attract significant media attention
- involve a Vicpol employee as a victim, offender or suspect
- warrant notification of Vicpol employees including management
- be assessed as a Category 1 or 2 offence in accordance with the Accountability and Resource Model
113
Who and when can the submission of an IFS be authorised?
Supervisors can authorise the submission and content of an IFS after physically checking or otherwise satisfying themselves as to the appropriateness of the report
114
Where a person in police custody sustains an injury, or a police member (on or off duty) sustains an injury during an incident and there is no allegation of police impropriety, what is the time frame for notifying PSC via an IFS?
The IFS must be assigned PSC sensitivity and entered as soon as possible, but no later than the completion of rostered duty.
115
At the commencement of their shift, what must all members on patrol or other duties requiring radio communications do?
- Log on, advising of call sign, hours of duty and status
- Log on is to be by radio
- if fitted to a vehicle, log on to the MDT as soon as practicable, ensuring Police Communications can establish whereabouts if required in urgent situations
116
What must the Patrol Supervisor do at the start of each shift?
- liaise with the outgoing patrol supervisor and ascertain the status of units and personnel from the previous shift and of any continuing incidents or tasks carrying over to the incoming shift
- liaise with Police Communications of any priority 1 incidents or tasks not completed by any unit
- notify Divisional Patrol Supervisor of -
a. whether designated employees for the incoming shift are on duty and assigned to carry out their respective duties
b. incidents or tasks carried over from the previous shift
c. employees/units continuing duty and requiring overtime approval
117
What are the duties of the Patrol Supervisor (251)?
- Supervise and provide leadership to all patrol units within the PSA and as far as practical visit units without a Sergeant at least once per shift
- Oversee the allocation and coordination of tasks
- Ensure that calls for police assistance are promptly attended to
- Remain on patrol throughout the shift unless otherwise authorised by the Divisional Patrol Supervisor
- Comply with the patrol resource management requirements
- Respond to incidents requiring the attendance of a Sergeant or other incidents as necessary
- Contact the stations at the commencement of each shift
118
What must the Patrol Supervisor do when contacting stations at the commencement of their shift?
- confer with the incoming, or if possible, previous shift Sergeant
- establish who is rostered, fit and available for duty
- ensure they have been adequately tasked
- find out the details of any prisoners or persons in custody
- visit the stations during the shift where practical
- record the name of the employees spoken to on your patrol duty return
- instruct the senior member to contact you as soon as possible if they require assistance; notify you whenever a person is brought into custody; notify you of any notable incidents
119
The Patrol Supervisor does not have to supervise other Sergeants, however they should do what?
- attend incidents where persons are or may be taken into custody or there is potential for confrontation unless it is impractical or another Sergeant is attending
- have command responsibility at incidents where another Sergeant is attending
- arrange for another Sergeant to take charge of an incident when you cannot meet the needs of the incident or whenever you deem it appropriate
- must make an entry on your patrol duty return and advise the PCC whenever incident management is passed over
- should seek guidance from the Divisional Patrol Supervisor regarding any confusion over incdent management
120
Waht are the duties of the Station Section Sergeant?
- supervise the station, employees, prisoners and duties to be performed
- supervise patrol untis at the station, including tasking at the start of the shift and correspondence duties
- provide assistance and supervision to subordinates
- actively oversee the interviewing and charging of suspects and persons in custody, and the interviewing of witnesses
- assist the Patrol Supervisor
121
Why may police resources be required to attend sporting and community events?
- maintain public order and uphold the law
- manage pedestrian or vehicle traffic that has built up as a result of the event
- provide supprt as part of emergency management arrangements
122
Where police resources are requested by an event organiser of Victoria Police identifies a need to allocate resources to an event, these resources should only be provided when:
- there is a demonstrable risk to public order or community safety and
- the risk cannot be reasonably mitigated by the event organiser and the use of police powers or resources is required
123
Police should only attend at and intervene in industrial disputes or comminuty protests as a last resort when:
- there is a real risk to public order or community safety; or
- other interventions have failed and it is in the community's interests for police to intervene; or
- protestors or demonstrators are impeding or attempting to impede others from lawfully entering or leaving premises and a request has been made for polie assistance
124
When must an operation order be prepared for an operation, incident or event?
assesessed as being non-routine, that is, having the potential for violence or likely to attract a high degree of communiyt interest in the police operation
that requires planning beyond locally available resources
when an officer determines it is required
125
Supervisors must ensure that members and PCO's are issued with or carry OSE:
- only when they hold a current OSTT qualification
- that is applicable to the duties they have been assigned
- that they have been trained to use at OSTT
126
Where a member or PCO who is seeking issue of OSE has been refused, the supervisor must confirm the status of the member or PCO by doing what?
- talking to the member/PCO requesting the equipment and their line supervisor
- identifying any previous agreement for access to station issue equipment by the requesting member/PCO
- confirming the status of the member/PCO's OSTT qualification
- checking whether the personal issue SAP is in a TEAB
127
When must a ballistic vest be worn?
Must be worn by all members when performing primary or secodary response duties
128
When must members wear a high visibility vest?
and What are the exceptions to this
- when performing patrol duties, road policing duties or when being in close proximity to moving vehicles.
The only exceptions are:
- where in the assessment of the member wearing the vest represents a serious risk to their health and safety (such as responding to an armed offender)
- when authorised by a supervisor for a specific occasion, for specific duties or planned operations
129
Where OC has been deployed, what aftercare must be done?
- provide persons affected by OC with proper aftercare
- keep a person affected by OC under constant and direct obe=servation for at least 45 minutes or until the symptoms or effects are no longer apparent (whichever is longer)
- arrange medical attention immediately if the sibject does not recover within a reasonable time, complains of a medical condition or asks for medical attention, or appears to be suffering from a medical condition
- when an OC affected person is being transported in any police vehicle, keep them under constant observation to detect any change in the persons health
130
Attendance Module
What are the responsibilities of the supervisor in completion of the Attendance Module?
complete an initial Supervisor Check entry in the module. This means conducting a wlefare check and risk assessment including:
- noting any injries or damage to their clothing or property and their explanation for the injury/damage
- indentifying any concerns regarding their treatment by police
- undertaking a risk assessment and recording details
- recording observations of any unusaul behaviour, thei rsobriety, and action taken if a complaint is made about police
- deciding how the person is to be secured considering the risk assessment
131
What is the definition of "Custody Supervisor"?
the rostered sub-officer who has overall responsibility for ensuring the appropriate management and care pf persons in custody for their shift
132
What does CHAL stand for?
Custodial Health Advice Line
133
When should police transport persons with mental illnes?
Police involvement in transprt is a last resort and is appropriate when wither:
- the person is in police custody; or
- the person poses a risk of harm to themselves or to others
134
When should persons taken into police custody be enterd into the Attendance Module?
- persons taken to police premises are to be entered into the Attendance Module as soon as practicable
- if the person is Aboriginal or Torres Strait Islander the Attendance Module must be completed within 60 minutes to ensure the automatic VALS notification is triggered.
- the initial Attendance Module is to be completed pior to any interview or related procedures taking place
135
When a person is brought in to a polioce station for interview, to be lodged etc. what is the custody supervisor to do?
- conduct a Detainee Risk Assessment of each person coming into care or custody, ensuring an assessment has been made against the Medical Checklist and appropriate action has been taken.
- ensure that LEAP and associated checks have been undertaken and any updates recorded
- complete details in the Custody Module as required
- enquire whether the person is the primary caregiver of children, and if so, whether suitable arrangements for their care have been made. Where no arrangements have been made notify Child Protection
136
A person must not be left in an interview room unsupervised. Consideration should be given to placing them in a detention facility rather than an interview room while further action/enquiries are undertaken. What is the decision to be informed by?
- the risk assesssment and assessment against the medical checklist
- the ability to supervise the person if they were placed in an interview room
- the anticipated time it will take to undertake enquiries
137
When can a person apprehended Under s.351 Mental Health Act be placed in a detention faciltiy?
When there is an operational neccessity (i.e. they are violent)
138
If a person is serving a term of imprisonment under a Warrant to Imprison, when should a day be taken to start and finsih?
A day should be taken to start at midnight on one day and finish at midnight the next.
139
What should the times of release be for persons undergoing sentence?
- a person undergoing sentence should be released between 6am and 8am on the last day sentence.
- a person serving a sentence of one day, the time of release is as follows:
- arrested between midnight and 8am - released at 8am on the day of arrest
- arrested between 8am and 6pm - released at 6pm on the day of arrest
- arrested after 6pm - released at modnight on the day of arrest
140
Custody staff are responsible for ensuring that a detainees property is recorded, checked and accoutned for. What should they do when dealing with a detainees property?
- use appropriate hygiene practices
- minimise the amount of property held y allowing detainees to give searched items to a friend or relative with the signed consent of the detainee
- place all property retained into clear plastic bags and secured with a securoty tag
- keep a copy of the property sheet witht he bag.
141
Waht should be done when property is removed as an exhibit from the detainee?
The property should be entered into the property book and a record made in the Custody Module. A copy of the property receipt should be kept with the detainees' property
142
What should be done if a detainee has no property at lodgement?
A "nil" entry should be created and the Prisoner Property Sheet should be printed and signed by the detainee
143
How long can persons be held in holding rooms?
They cannot be held longer than 12 hours without the permisison of an officer
144
What are the requirements for seperation of detainees?
- keep females seperate from males
- keep children seperate from adults and detained persons of the opposite sex
- do not place persons with self harm or suicidal tendencies in a cell by themselves unless it poses a danger to the other person. Ensure they are given a suicide reistant blanket and do not have access to other blankets
- Place persons with contagious infectious diseases in a seprate cell
- place violent persons, sex offenders, transgender persons, persons under influence of alcohol/drugs, or children in a cell by themselves for safety reasons
- Where possible accused persons should be seperated from detainees who have been convicted of offences.
145
How often must detainees classified as Level 4 - General Observation be checked?
at least every 4 hours
146
How often must detainees classified as Level 3 - Intermittnet Observation be checked?
(This is the minimum acceptable level for detainees affected by alcohol or drugs)
At least every 30 minutes
147
Can medication be given be given to a person in police care or custody?
Medication must not be given unless first approved by CHAL
148
What must be done if a staff member believes a Corrections Victoria prisoner in police custody is eligible for release?
They must complete a Priority Clearance REquest, attach PDF copies of all accompanying documents and submit it to Sentence Calculation and Warrant Administration.
The prisoner must not be released until the Prioroty Clearance Request has been approved.
149
What questions should be asked of a person upon their release after being interviewed?
- if they are satisfied with their treatment by police
- if they have received documents or tapes relating to the interview
- about any injuries the suspect has and the origins ofthose injuries.
150
Where a complaint is received from a peson in police care/custody, but the person refuses to speak to the custody supervisor, what should be done?
They should be offered the opportunity to speak with an independent member either:
- senior in rank to the custody supervisor; or
- another sub-officer if a senior member is unavaiable
151
What must be done in the event of an injured or ill detainee?
after ensuring that appropriate medical advice and attention has been obtained the custody supervisor must:
- notify divisional patrol supervisor
- notify PSC if the injuries are serious of the person is admitted to hospital
- notify CHAL
- complete an IFS
- update the detainee's risks where required
152
What must be done if a detainee attempts suicide or self harms?
The custody supervisor must:
- notify the Duty Officer and Divisonal Patrol Supervisor
- notify CHAL
- notify Custody Operations
- Complete an IFS
- where appropriate arrange a debrief
- update the detainee's risks in the Custody Module and add comments where requried
153
What must the Custody Supervisor do in the event of a death of a detainee?
- immeidately notify department head, duty officer, divisional patrol supervisor and local communications centre
- immediately notify PSC
- immediately notify Principal medical advisor
- immeidately notfy the State Coroner
- immeidately notify D24
- immediately notify CHAL
- complete an IFS
A death or serious injury in police cells is a critical incident. The scene must be secured and managed in accordance with VPM Death or Serious Injury/Illness Incidents Involving Police
154
What are the frontline supervisor repsonsibilities upon arriving at a crime scene?
- take charge and coordinate the frontline members
- provide advice, guidance and leadership as appropriate
- notify an Investigtion & Response Unit as soon as practicable in accordance with Crime screening Principles
- where a category 1 or 2 crime is identified, notfy the senior manager or Inspector responsible for the relevant resposne zone
- consider whether the incident may draw significant media attention and seek advice from the Media Unit
155
What must frontline supervisors do when a frontline member has completed an Initial Action Package Checklist?
- check the quility of the Initial Action Package Checklist contents and sign it off
- complete the feedback section in the Initial Action Checklist- Incestigative Standards form relating to the performance of the frontline memebr
156
What are the frontline supervisor responsibilities for investigations by frontline members?
They must ensure:
- an investigating memebr has been assigned to all cases falling under the workplaces area
- LEAP records are current and accurately reflect the investigation process
- appropriate action is taken when the assigned investigating member is unable to continue the investigation due to absence
157
Who has responsibility for the investigation of Crimes against the person?
I&R unit
Except where:
-minor assault where an offender is identified and is not present but resides in the PSA, and the investigation is not complex and there is no significant follow up
158
Who has responsibility for investigation of sexual offences?
Category 1 offences: Crime Command
| Category 2 and 3 offences: I&R Unit
159
What must police members do when they initially attend a death?
- preserve the scene
- notify the coroner if it is a reportable or reviewable death
- notify the relevant investigators
- notify external authorities
- notify relatives and/or other relevant people
- facilitate the verification of death by a medical practitioner or other health professional
- arrange for the removal and identification of the body. A member must remain with the deceased until transported from the scene
- care for any property of the deceased
160
When is a death a "reportable death"?
where one of the following apply:
- the body is in Victoria
- the death occurred in Victoria
- the cause of death occurred in Victoria
- the person ordinarily resided in Victoria at the time of death
and any of the following applies:
- death appears to have been unexpected, unnatural or violent or to have resulted directly or indirectly from an accident or injury
- death occurred during or following a medical procedure and a medical practitioner would not have reasonably expected the death to occur
- the identity of the person is unknown
- a medical practitioner has not signed, and is not liekly to sign a death certificate certifying the cause of death
- the person, immediately before their death was a person placed in care or custody
- the person, immediately befoer etheir death was a patient within the meaning of the Mental Health Act
- the person was undet the control, care or custody of the Secretary to the DOJ or a member of the polcie force
- the person was subject to a non-custodial supervision order Crimes (Mental health and Unfitness to be Tried) Act
161
When are the deceased's family responsible for the removal of the body?
If it is likely that a death certificate will be issued within 48 hours. The reporting member is to give their details to the funeral director in case the death becomes a reportable death.
162
What is a reviewable death?
The death of a child if the child is the second or subsequent child of the same parent to have died and one of the following apply:
- the body is in Victoria
- the death occurred in Victoria
- the cause of death occurred in Victoria
- the child ordinarily resided in Victoria at the time of death
A death is not a reviewable death if all of the following apply:
- the death occurs in hiospital
- the child was born at a hospital and had always been an inpatient of a hospital
- the death is not a reportable death
163
What deaths must the CIU attend for?
- if suspicious circumstances exist
- deceased was under the direct control, care or custody of a Government Department at the time of death
- Drug overdoses
- Explosions and fire
- firearm deaths
- prison deaths
- suicides
- sudden unexpected and unexplained deaths of infants or children up to 6 years of age
164
Which members have authority to restrict access to certain areas associated with an incident resulting in death, or a fire?
- Senior Sergeant or above
| - members attached to Homicide Squad, Arson & Explosiveness Squad, MCIU
165
What are the initial actions to be done at a crime scene?
- apply the requirements of the Victoria Police Emergencies Handbook
- notify relevant investigators and specialist services
- seperate, search and secure offenders
- isolate, record and, where possible, detain witnesses
- establish the extent of the scene
- establish inner and outer cordons
- take steps to preserve the scene
- commence a crime scene log; consider appointing a log keeper
- establish an entry/exit point on the outer cordon
- prevent entry to the scene by any person who cannot justify their entry
- consider issuing a restriction notice under the Coroners Act
- take contemporaneous notes/sketch
166
What must the Police Commander/Controller do when managing a scene?
- advise Police Communications of the location of the police command post
- define an entry/exit corridor from the command post to the inner cordon and incident scene
- Designated investigators and support services must meet the Police Commander at the Command Post
- Hand over management of the incident scene when the inner cordon is transferred to the desgnated investigators
167
Searches of persons
Can seaches be condicted as a matter of course?
No. Each seach must be justified as both necessary and proportionate having regard to the circumstances of the individual case
168
Searches of persons
What is the common law power to search persons?
Reasonable suspicion that an arrested person is in possession of:
• material evidence
• object/s that might cause harm to persons or property
• object/s that might be used in an escape.
169
Searches of Persons
What is the power for a police officer to search a person under the Control of Weapons Act?
Section 10
Reasonable grounds to suspect that a person in a public place is carrying or has in their possession:
- a controlled weapon
- a prohibitied weapon
- a dangerous article
170
What must a police officer do before commencing a search of a person under the Control of Weapons Act?
a. inform the person of their name, rank and place of duty
b. if requested by the person, provide that information in writing
c. produce his/her identification for inspection by the person, unless the police officer is in uniform
d. inform the person that the officer intends to search the person or vehicle or thing for weapons and is empowered to do so under the Act
171
Searches of Persons
What must a police officer do after they seach someone under s.10 or 10G of the Control of WEapons Act?
Must immeidately, or as soon as practicable after the search, make a written record of the search that contains:
a. the date of the search
b. the time of the search
c. the place of the search
d. the name, rank and registered number of the officer
e. the name of the person searched (or description if ID not known)
f. the name of the parent/guardian/independent person present if the person searched was a child or person with impaired intellectual functioning
g. the grounds relied on for the search
h. if applicable a description of any thing or vehicle searched
i. description of any item seized
172
Searches of Persons
Can a person be searched if they are in a "designated area"?
Yes. We ahve a power under s.10G to search any person/thing without warrant in a desgnated area. The person can be detained for as long as reasonably necessary to conduct the search
173
Searches of Persons
Can police and PSO's search visitors to a police gaol?
Yes. WE have a power under the Corrections Act to conduct an Electronic Device Search of any person wishing to enter or remain in a police gaol as a visitor to detect the presence of drugs, weapons or metal articles. Do not need 'resonable grounds'.
174
Searches of Persons
Which visitors to a police gaol cannot be searched without reason?
- Judge
- Magistrate
- Relative or friend of a 'detained person'
- person visiting a child in custody
175
Searches of Persons
What does a 'charged person' mean for the purposes of the Corrections Act?
A persons who is held in a police gaol who has been charged with an offence or detained on order of a court
176
Searches of Persons
What does 'detained person' mean with regard to searches in police gaols?
A person detained in a police gaol who has not be charged with an offence or detained on order of a court
177
Searches of Persons
When can a 'charged person' be searched in a police gaol?
At any time on order of an OIC, or a person on order of the OIC, when deemed necessary for the good order or security of the police gaol. Must not be done as a matter of course.
178
Searches of Persons
When can a 'detained person' in a police gaol be searched?
At any time, on order of the OIC, if they hold reasonable belief that the search is necessary for:
- the security and good order of the gaol
- for the safety of any person at the gaol
- to locate a weapon or anything that may be used in a escape
- to locate anything connected with, or affording evidence of, the commission for the offence for which the person is detained.
179
Searches of persons
What is the power to search persons wihtout warrant under the DPCSA?
Section 82
Reasonable grounds to suspect that a person in a public place possesses a:
• drug of dependence in respect of which an offence has been committed or is reasonably suspected to have been committed under the Act; or
• psychoactive substance.
180
Searches of Persons
When can someone be searched without warrant under the Firearms Act?
If a police officer believes on reasonable grounds that a person:
- is committing or about to commit a Firearms Act offence; and
- has a firearm, silencer, ammunition or prescribed item in their possession
181
Searches of Persons
What must you do if searching someone without warrant under the Firearms Act?
• Before conducting search, must inform the person of:
- grounds of suspicion
- name, rank and place of duty (provide in writing on request); must produce identification if not in uniform.
• May request the person to produce any thing that the police officer detected or saw during the search, that they have reasonable grounds to suspect is a firearm, cartridge ammunition, silencer or prescribed item.
• Must warn the person that failure or refusal to produce anything on request may be an offence
182
Searches of Persons
When can we search without warrant under the Graffitti Prevention Act?
When the person is:
- on transport company property; or
- in an adjacent punlic place; or
- in a place and is trespassing or has entered wihtout invitation
and there are reasonable grounds for suspecting that:
- a person over the age of 14 has in ther possession a prescribed graffiti implement; and
- relevant evidence is likely to be lost or destroyed if a search is delayed until a warrant is obtained
183
Searches of Persons
What are the general rules for conducting searches?
- ensure, as far as practicable, that the search is the least intrusive kind of search that achieves the objectives sought
- as far as practicable, target the search to finding the evidence, object or thing that is being searched for
- inform the person of the reasons for the search and the way in which it will be done
- handle property in accordance with the VPM's
- not forcibly remove rings, earrings, studs etc that are not suspected to be stolen property. Reasonable force can only be used if the items may rpesent a significant risk to safety and the person does not cooperate in removing them
- deal with evidence in accordance with the VPM's
- only activate a BWC in accordance witht he VPM's
- comply with any specific statutory requirements
where practical:
- a person must be searched by someone of the same gender
- two people should be present for each search
- wear fresh gloves for each search
184
Searches of Persons:
What are the additional general rules for searching children and young people?
- persons under the age of 18 must be accompnaied by a parent/guardian or independent person unless urgent or serious circumstances exist
- The reasons for conducting an search without a parent/guardian/independent person present must be recorded
185
Searches of Persons
Should male or female officers search transgender/gender diverse/intersex persons?
- should be searched by a member of the same gender with which the person identifies
- the person may request a member of a particular gender perform the search
- only the searching member and one other member should be present during a full search
186
Searches of Persons
Who can approve a full search of a child under 10 under the search provisions of the Control of Weapons Act?
A superintendent or above
187
Searches of Persons
Who can authorise an 'intrusive body search' and who/where can it be conducted?
Must have the approval of Inspector or above.
| Can only be conducted in hospital by a legally qualified medical professional with resuscitation facilities available.
188
Searches of Persons
Where CCTV is present, what must be done if a person is to be subjected to a full search?
The person must be notified that:
- the police premises/gaol has CCTV
- all recordings will be retained for a minimum of one month
- the recording may be downloaded and used in any future inestigation
The supervisor must:
- determine whether the live monitoring of the CCTV is appropriate
- ensure the presons genitals are not ordinarily visible to the camera
- if the search is to be live monitored, a member of the same gender as the person being searched should be tasked to do the monitoring
189
Searches of Persons
What must be recorded in the Patrol Duty Return, Initial Action Pad, Diary or Custody Module of all searches?
- the identity of the person searched
- the factors considered in deciding to search, including consideration of human rights
- the type and extent of the search carried out
- the officers who carried out the search
- details of other people present
- if relevant, the reasns for searching a child in the absence of parent/guardian/independent person
- details of anything found or volunteered
- whetehr force was used
190
Searches of Properties
What are the minimum personnel requriements for a Level one search?
A sub-officer must:
- directly supervise the entry and search
- select the entry team
- assign a member as the safety advisor
191
Searches of Properties
Who can authorise an application for a Search Warrant for a property?
Inspector or above
192
Searches of properties
Within what time frame of the Officer's approval should searches be conducted?
Within seven days. If this does not occur members should re-apply
193
Searches of Properties
What actions must the Police Forward Commander undertake before conducting an approved search?
- all members are to be given specific responsibilities for the search
- ensure that members are briefed according to SMEAC principles
- assign responsibility for video recording the search to an appropriate member
- notify the Divisional Patrol Supervisor and police communications
194
Searches of Properties
Do police need a warrant to search a property for suspected ill, injured or deceased persons?
No. There is a common law power of entry. Authority must be obtained from a sergeant or above
195
What must be done before a firearm is given to a property officer for storage? (after it has been entered on PALM)
it must be cleared, made safe and display a yellow chamber safety flag
196
What is the primary consideration when setting up a PBT site?
The safety of police and the public
197
When must premliminary breath tests be conducted?
A preliminary breath test must be conducted on all:
- intercepted drivers or persons in charge of motor vehicles
- drivers in charge of motor vehicles within the preceding 3 hours
- occupants of vehicles involved in collisions within 3 hours of the odentity of the driver is unknown
- drivers stopped at testing stations
- public transpirt safety officers directly involved is an accident or incident involving public transport
198
When must an evidential breath test be conducted?
- where the PBT indicates a reading in excess of the allowed BAC
- where a 'fail to provide' result has been recorded in the device unless this was accidental and a report has been submitted to the members work unit manager
199
When are police Not required to attend a vehicle collision?
Police are not required to attend the scene of a vehicle collision where all of the following criteria are met:
• no apparent injury to any party
• if the collision is a ‘hit and run’ and there are no offender details or chance of identification
• no allegation of alcohol or drugs involved
• nil allegation of any party being an unlicensed/suspended/disqualified driver
• nil need for traffic management
• nil risk to public safety
• police vehicles not involved.
200
What is the first police member on duty at a collision scene responsible for?
- conducting the preliminary investigation to determine what course of action is appropriate
- creating a TIS report yby the end of the shift, and completing it within 28 days
201
When must the MCIU be notified of a collision?
MCIU must be notified immediately of every fatal or life threatening collision.
202
When must PSC be notified of a collision?
Any serious vehicle collision involving a Victoria Police employee, on or off duty
203
Where a member believes that the holder of a driver licence may be temporarily or permanently unfit to holdd that licence, what must they do?
- complete a licence review request
- have the form checked by a supervisor
- email it to the Vicroads Medical Review section
- complete a Driver Notification Letter and forward it to the driver
204
Vicpol policy is that numbers oare only to be seized when?
- they ar to be used as an exhibit; or
| - Vicroads advise the registration has been cancelled and have served notice for return of plates.
205
What is the procedure for Defect Notices (motor vehicle)?
• Complete Defect Notice
- serve on driver
- send copy to VicRoads before end of shift.
• Affix defect notice to vehicle (if applicable)
• Indicate specified time on Defect Notice – seven days, unless the vehicle:
- is a truck or bus exceeding 115 kph (see below); or
- has a major defect where there is an imminent and serious safety risk that requires an immediate prohibition from use.
• Clearance station – is a VicRoads office or agency and does not include a police station.
206
Police can move, or cause to be moved, a vehicle which is blocking a right of way/private drive/passage, or is parked contrary to the regs and is a danger to other road users or likely to cause traffic congestion. What is the procedure?
- Obtain authority from a sub-officer before moving the vehicle
- Move the vehicle to the nearest convenient place
- If towing is necessary, follow the procedure for towing of a stolen vehicle and a'advice to owner'
- Forward a report and any accounts to the Business Service Centre
207
What should be done if a PBT is lost or stolen?
- Notify Work Unit Manager
- submit LEAP reports with Victoria Police as the victim
- Work Unit Manager to send copy of the file and outline of circumstances to RPDAS as soon as possible
-
208
What is the procedure to have a Drug Impairment Assessment done on a driver?
- notify Police Communications
- take impaired driver to a nominated location where an authorised drug impairment assessor is available
- in country areas follow local instructions
- if local drug impairment assessor is unavailable notify Police Communications for a RPDAS response.
209
A person may have their driver licence or permit immediately suspended –
• under s.51(1) and s.51(1A), Road Safety Act if charged with a relevant drink driving or drug impaired driving offence
• after being given a certificate of analysis under s.51(1B)
What is the procedure?
• Notice of immediate suspension is to be served unless particular circumstances warrant otherwise; attach report of circumstances to brief of evidence.
• Complete Notice of Immediate Suspension of Licence or Permit [Form 809].
• Serve copy on driver and endorse VicRoads and Police Brief copies.
• Take driver licence from driver.
• A supervisor is to check completed Form, after which –
- fax VicRoads copy to VicRoads Convictions Section; forward original and driver licence
- attach Police Brief Copy to brief of evidence.
• If a Victoria Police member is involved, fax a copy to Professional Standards Command (PSC).
• If Notice is served under s.51(1B), the informant must arrange for the following to be faxed to VicRoads Convictions Section after service of charge/summons –
- copy of charge/summons with driver’s details and driver licencenumber
- affidavit of service of summons.
• A senior sergeant or above may cancel a notice of immediate suspension according to s.51(9A) Road Safety Act; complete Repeal for Notice of Immediate Suspension of Licence of Permit [Form 809B]. If a police member is involved, also fax a copy to PSC.
210
Who should be the first response unit for a fatal or injury collision?
A Highway Patrol Unit from within the PSA, or elsewhere on direction of the Divisional Patrol Supervisor
211
When should Vicroads Traffic Management Centre be notified (via Police Communications) of a collision?
Any:
- non-fatal collision involving a heavy vehicle
- heavy vehicle rollover or breakdown affecting the flow of traffic
- heavy vehicle load spill
- debirs at the site of a collision resulting from any of the above
212
What collisions must MCIU attend and investigate?
* collisions involving three or more fatalities
* hit-run collisions involving fatal or life-threatening injuries
* collisions involving fatal or life-threatening injuries where there is evidence of criminal negligence by a surviving driver, a Victoria Police employee (on or off duty) is involved as a driver, or the collision resulted from a police pursuit
* they may also attend other fatal or life-threatening collisions outside of the above criteria, including providing assistance and expertise where the involvement of police in the collision may cause reputation harm (request may come from PSC).
213
What are the requirements for a TIS report for a collision resulting from an organised motor vehicle race?
• Complete a TIS Report when the collision:
- may result in a claim from the Transport Accident Commission or Victorian Workcover Authority
- involves a vehicle on a highway or a public place, or
- where a death results.
• A TIS report is not required where a collision occurs solely within a closed
circuit race venue
214
What are the minimum requirements for a scene sketch on a TIS report?
- road structure, names and measurements (including distance from intersection or landmark for reference)
- north direction
- all applicable vehicles/objects involved, with labels
- point of impact
- pre and post vehicle/object travel.
215
What must be done in the event of a police vehicle being involved in a collision?
•The driver or, if the driver is incapacitated, the next Victoria Police employee who becomes aware of the collision or incident must:
-immediately notify Police Communications
-remain at, and preserve the scene pending the arrival of an independent sub-officer.
•On becoming aware of the police collision or incident, the Police Communications operator must:
-notify an independent sub-officer to attend, refer VPMG Police collisionsfor definition of ‘independent sub-officer’
-notify the divisional patrol supervisor responsible for the area where the collision occurred.
•The independent sub-officer must manage and investigate the collision or incident
216
What is the procedure for wilful or criminal damage to police vehicles?
An employee detecting damage to a police vehicle is to notify Police Communications and request the attendance of a sub-officer.
•The sub-officer is required to attend the scene and assess the situation. If the alleged circumstances are:
-consistent with the damage, and the offender is unknown, forward a report of the circumstances (including LEDR Mk2 reference)to the Transport Services Division
-inconsistent with the damage, request the divisional patrol supervisor attend and investigate.
•Where an offender is known, immediately send a report of the circumstances(including LEDR Mk2 reference)to the Transport Services Division.
•If an offender is subsequently charged, ensure that costs for the damage are sought at court.
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What must memebrs do when a driver fails to stop after being given a direction to do so, or the member believes they are taking deliberate action to avoid being stopped?
Either discontinue the attempted intercept and not follow the vehicle; or conduct a pursuit if the pursuit criteria are met.
Where the intercept is discontinued members must:
- turn off the lights and siren and resume normal driving
- notify Police Communications of the details fo the vehicle and the circumstances
- start the investigation and recording processes
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What Approved Driver Authority must the driver of a police vehicle hold to engage in a pursuit?
Gold, Silver or Bronze Class ADA
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What role can a gold marked sedan or wagon have in a pursuit?
Any role
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What role cana Silver marked sedan/wagon/van have in a pursuit?
can be a primary or secondary vehicle when a gold class vehicle is unavailable
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What are the Pursuit Justification Criteria?
Members may only conduct a pursuit when they reaonably believe a serious risk to the health or safty of a person existed before attempting interception and there is a need to prevent or repsond to that risk; and:
- other means for apprehending the vehicle occupants are not practicable; and
- the serious risk they are seeking to prevent or repsond to is greater than the risks involved in conducting the pursuit at that time.
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What are the patrol supervisors responsibilities when a pursuit is initiated?
They must:
- acknowledge that a pursuit is taking place and
- assume the role of pursuit controler; or delegate where necessary
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What are the pursuit controllers responsibilities during a pursuit?
- take charge of the pursuit
- apply the Risk Assessment and Decision making Guide
- confirm the primary and secondary units drivers ADA's and the vehicle classifications
- direct the most suitable driver/vehicle to become the primary unit
- develop, communicate and implement resolution strategies
- reassess any resolution strtegies as the situation changes
- record the reason and rationale for their decision to terminate or allow the pursuit to continue on the Patrole Duty Return/ePDR/Diary
- ensure any necessary reviews and reports are conductd at the conclusion fo the pursuit
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When must a pursuit be terminated?
- the criteria for conducting the pursuit are no longer met
- the police radio communications become ineffective or are lost, including where the primary vehicle fails to respond to any direction from the pursuit controller
- the police vehicles lights/siren fail to operate
- the police vehicles are no longer following the target vehicle and its location is unknown
- any police vehicle or employee fails to compky with the pursuit policy
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When does a pursuit resume?
When police with prior knowledge of the terminated pursuit re-engage with the offending vehicle within a short time of the pursuit termination
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When can a pursuit be resumed?
- the criteria for conducting a pursuit are met, and the action is supported by the Risk Assessment and Decision Making Guide; and
- permission is given by the Pursuit Controller who was in control of the original pursuit at the time of termination
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What reports is the Pursuit Controller responsible for following a pursuit?
Must complete an IFS and ensure Use of Force forms are submitted
228
A hot debrief must be conducted after any pursuit. What are the requirements for this:
- must be done as soon as possible after the event and before the end of the shift
- may be held in person, via car-to-car radio, telephone or email
- all members involved in the pursuit (including radio dispatcher) should be invited to contribute
- should confirm the facts of the incident, including police vehicles involved, offenders/suspects, length of pursuit, and other relevant information
- pursuit controller must email the IFS reference number to the Patrol Duty Supervisor prior to the end of the shift
229
Who can authorise deployment of a Vehicle Immobilisation Device during a pursuit?
Only the Pursuit Controller
230
Prior to authorising the dpeloyment of a Vehicle Immobilising Device, what must the authorising member do?
Ensure that:
- an appropriate risk assessment has been completed by the qualified member
- the legislative authority exists to deploy the device
- the deployment is appropriate in the circumstances
231
What must members do when entering a licensed or unlicensed brothel?
- notify a supervisor prior to entering the premises
- not enter alone and ensure appropriate corroboration can occur
- take necessary health and safety precautions
- record entry in the patrol duty retun
- for unlicensed brothels submit a Field Contact
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When must a full debrief be done?
- following a critical incident
- where use of force has been used on a child
- where the Area of Operations Commander, Incident Commander or Pursuit Controller considers it necessary
233
What are the timeframes that an informant must meet for submitting a crime brief for checking and authorisation?
- must be submitted within one month of the accused being interviewed
- must be sifficient time for the brief to reach prosecutions at least 14 days prior to the court date
234
What offences are ineligible for Diversion?
- offences punishable by a minimum or fixed sentence/penalty
| - relevant offences in relation to vehicle impoundment
235
What are the responsibilities of the supervisor first made aware of an allegation of assault by police?
• Where a person is injured and complains of assault by police:
- determine if it is appropriate for the police involved to continue processing the person, having regard to the VPMP Managing conflict of interest
- if available, use the services of a CSO for the recording of photographic evidence
- consider arranging for a police member not involved in the incident to conduct the interview and processing of the person
- consider appointing a Sub-Officer or detective to investigate the incident and oversee or compile relevant Briefs of Evidence
- notify the relevant Local Area Commander of the circumstances
- notify the Professional Standards Command (PSC) Team Leader of the incident, after hours via the PCC (PSC will determine the needs for the call out of specialist staff from FSD).
• Where the person suffers serious injury or is admitted to hospital:
- notify PSC immediately in accordance with VPMP Complaints and discipline.
• Where the person is injured but no complaint of an assault by police is made:
- ensure that the supervising Sub-Officer notifies PSC by completing an Incident Fact Sheet before the end of the shift.
236
What is the criteria for apprehendinga person under s.351 of the Mental Health Act?
May apprehend a person who appears to have a mental illness if satisfied it is necessary to apprehend them te prevent serious and imminent harm to themselves or another person.
237
If members apprehend a person under s.351, what re they required to do?
As soon as possible arrange for the person to be taken to a:
- hospital or public health service where they will be seen by a registered medical/mental health practitioner
- registered medical/mental health practitioner in a community setting
Note the name of the registered medical/mental health practitioner on the Form L42. The 'agency copy' should be given to the hospital/facility
238
When someone has been apprehended under s.351, when does police custody end?
- a hospital accepts responsibility for the person in order to conduct a mental health examination; or
- a medical/mental health practitioner completes the mental health examination and advises police to release the person; or
- any law enforcement matters are resolved
In a hospital setting members do not need to wait until the end of the examination if safety is not a significant issue. Agreement must be reached in conjunction with hospital staff/mental health team prior to leaving.
239
What are the three distinct types of report that the CYFA allows to be made to child Protection?
- child in need of protection
- significant concern for the wellbeing of a child
- shild in need of therapeutic treatment
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Where during the course of carrying out their duties a member forms the belief on reasonable grounds that a child is in need of protection, what must they do?
As soon as practicable make a report to Child Protection regarding their belief and the reasonable grounds for it.
241
When does s.184 of the CYFA require members to make a mandatory report to Child Protection?
When in the course fo their duties they form the belief on reasonable grounds that a child has suffered, or is likely to suffer, significant harm as a result of:
- physical injury and/or
- sexual abuse
242
Who must police consult with before proceeding with charges under ss.493, 494, 496 CYFA?
the Child Protection Unit Manager
243
What must a member, who is not involved in the day to day management of a Registered Sex Offender, do when they come into contact with a RSO in the course of their duties?
Submit an IR to their local DIU which includes:
- the words 'Registered Sex Offender' or 'RSO' in the IR subject
- particulars such as any child present, associate names, phone numbers, addresses, vehicle registration numbers, description of clothing, and any other relevant information or detail as to the circumstances of the check.
244
Who can receive reportable information relating to a Registered Sex Offenders reporting requirements?
Only the Compliance Manager
245
What must a member do if a Registered Sex Offender aatempts to report information per their reporting requirements to them?
- advise the RSO to call the Sex Offender Registry or contact their compliance manager
- submit an IR
246
Where a member believes it is necessary to disclose information about a Registered Sex Offender in the interests of the safety and wellbeing of a child, who is an authorised person to disclose the information?
Any police officer who has received approval from a senior sergeant or above
