Police Powers

Question 1

Evidence Act 1995 (NSW) s 139 – wording for official caution

Answer 1

CAUTION: I am going to ask you some questions in relation to…

You do not have to say or do anything if you do not want to.

Do you understand that?

I/We will record what you say or do.

I/We can use this recording in court.

Do you understand that?

(CPC 1)

Question 2

Criminal Procedures Regulation 2017 (NSW) cl 9I - wording for endorsement

Answer 2

ENDORSEMENT: This statement made by me accurately sets out the evidence that I would be prepared,

if necessary, to give in court as a witness.

The statement is true to the best of my knowledge and belief

and I make it knowing that, if it is tendered in evidence,

I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or

do not believe to be true.

(CPC 2)

Question 3

OC SPRAY

Use defensive sprays only for:

Answer 3

• Protection of human life
• A less lethal option for controlling
  people, where violent resistance or confrontation occurs (or is likely to occur)
• Protection against animals

Question 4

BATONS

Answer 4

The decision to use your baton rests with you.

You may use your baton if in danger of being overpowered or to protect yourself or others from injury.

The force used must always be reasonable.

Question 5

BATONS: The force must always be ________.

Answer 5

Reasonable

Question 6

CAUTION: I am going to ask you some questions in relation to… You do not have to say or do anything if you do not want to. Do you understand that? I/We will record what you say or do. I/We can use this recording in court. Do you understand that?

Answer 6

Evidence Act 1995 (NSW) s 139 – wording for official caution

Question 7

ENDORSEMENT: This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.

Answer 7

Criminal Procedures Regulation 2017 (NSW) cl 9I - wording for endorsement

Question 8

Wording for endorsement

Answer 8

Criminal Procedures Regulation 2017 (NSW) cl 91

Question 9

Wording for official caution

Answer 9

Evidence Act 1995 (NSW) s 139

Question 10

CAUTION: I am going to ask you some questions in relation to… You do not have to say or do anything if you do not want to. ______________________________? I/We will record what you say or do. I/We can use this recording in court. Do you understand that?

Answer 10

Do you understand that?

Evidence Act 1995 (NSW) s 139 – wording for official caution

Question 11

ENDORSEMENT: This statement made by me ____(1)________ sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true __________(2)____________ and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have ______(3)________ in it anything that I know to be false or do not believe to be true.

Answer 11

(1) accurately
(2) to the best of my knowledge
(3) wilfully stated

Criminal Procedures Regulation 2017 (NSW) cl 9I - wording for endorsement