Policing Act 2008 Flashcards
S. 32, 33 and 36 (17 cards)
What does Section 32 relate to?
Clue: particulars
- Identifying particulars of person in custody
What does sub-section (1) of S. 32 of the Policing Act 2008?
Clue: purpose
- The PURPOSE of this section is to ENABLE the Police to OBTAIN INFORMATION that may be used now or in future by the Police for ANY LAWFUL purpose.
What does sub-section (2) of S. 32 of the Policing Act 2008?
Clue: lawful custody
- For the purpose of this section, a Constable may take the IDENTIFYING PARTICULARS of a person who is in the LAWFUL CUSTODY of the Police if that person is DETAINED for COMMITTING AN OFFENCE and is -
. At a Police station, or
. At any other place being used for Police purposes
Under sub-section (3), what are the Constables responsibilities?
- A Constable -
. Must take the person’s identifying particulars in a MANNER that is REASONABLE in the circumstances, and
. May only use REASONABLE FORCE that may be necessary to SECURE the person’s identifying particulars.
Under sub-scetion (4), what if a person fails to comply with the direction from a Constable under S. 32?
- A person who, after being CAUTIONED, fails to comply with a direction of a Constable EXERCISING his or her powers under this section -
. Commits an offence, and
. Is LIABLE on conviction to IMPRISONMENT for a term not exceeding 6 MONTHS, to a FINE not exceeding $5,000 or both.
What does sub-section (5) of S. 32 of the Policing Act 2008?
Clue: meaning of IDENTIFYING PARTICULARS
- In this section and section 33 -
. IDENTIFYING PARTICULARS means, in relation to a person, any or all of the following:
> The person’s biographical details (name, address, DOB)
> The person’s photograph or visual image
> Impressions of the person’s fingerprints, palm-prints, or footprints
. PLACE includes any LAND, BUILDING, PREMISES, or VEHICLE.
What is the purpose of S. 33 of the Policing Act 2008 in relation to identifying particulars?
- Identifying particulars for SUMMONS
What does sub-section (1) of S. 33 of the Policing Act 2008?
Clue: enable
- The purpose of this section is to ENABLE the Police to obtain information that may be used now or in the future by the Police for any lawful purpose.
What does sub-section (2) of S. 33 of the Policing Act 2008?
Clue: may detain
- For the purpose of this section, a Constable who has GOOD CAUSE TO SUSPECT a person of committing an offence and who intends to bring proceedings against the person in respect of that offence by way of SUMMONS, may DETAIN that person at any place -
. In order to take the person’s identifying particulars, and
. Only for the period necessary to take the person’s identifying particulars
What does sub-section (3) of S. 33 of the Policing Act 2008?
Clue: Powers of a Constable
- A Constable -
. MUST take the person’s identifying particulars in a MANNER that is REASONABLE in the circumstances, and
. May only use REASONABLE FORCE that may be necessary to SECURE the persons identifying particulars.
What does sub-section (4) of S. 33 of the Policing Act 2008?
Clue: Penalties
- A person who, after being cautioned, fails to comply with a direction of a Constable exercising his or her powers under this section -
. Commits an offence, and
. Is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.
What does S. 36 of the Policing Act 2008 relate to?
Clue: intoxicated
- Care and Protection of INTOXICATED people
What does sub-section (1) of S. 36 of the Policing Act 2008 relate to?
Clue: public place and place of residence
- A Constable who finds a person INTOXICATED in a PUBLIC PLACE, or intoxicated while TRESPASSING on PRIVATE PROPERTY, may DETAIN and TAKE the person into custody if -
. The Constable REASONABLY BELIEVES that the person is -
> INCAPABLE of protecting himself or herself from physical harm, or
> likely to CAUSE PHYSICAL HARM to another person, or
> likely to CAUSE SIGNIFICANT DAMAGE to any property, and
. The Constable is SATISFIED it is not REASONABLY PRACTICABLE to provide for the person’s care and protection by -
> taking the person to his or her PLACE OF RESIDENCE, or
> taking the person to a TEMPORARY SHELTER.
What does sub-section (2) of S. 36 of the Policing Act 2008 relate to?
Clue: Responsibilities of Police
- A person detained under sub-section (1) -
. MUST be released as soon as the person CEASES to be intoxicated
. Must not be DETAINED longer than 12 HOURS after the person is first detained, UNLESS a health practitioner RECOMMENDS that the person be further detained for a period not exceeding 12 hours.
What does sub-section (3) of S. 36 of the Policing Act 2008 relate to?
Clue: health practitioner recommendations
- A HEALTH PRACTITIONER must NOT recommend the further detention of a person detained under sub-section (1) UNLESS the health practitioner SATISFIES himself or herself that -
. The person remains intoxicated and is INCAPABLE of protecting himself or herself from physical harm, and
. The person does not have HEALTH NEEDS that may require MEDICAL ATTENTION, and
. It is not reasonably practicable to provide for the persons continuing care and protection by -
> taking the person to his or her place of residence, or
> taking the person to a temporary shelter.
What does sub-section (4) of S. 36 of the Policing Act 2008 relate to?
Clue: meaning of intoxicated and temporary shelter
- In this section -
. INTOXICATED means OBSERVABLY affected by ALCOHOL, other DRUGS, or SUBSTANCES to such a degree that SPEECH, BALANCE, CO-ORDINATION, or BEHAVIOUR is clearly impaired
. TEMPORARY SHELTER means a PLACE that is CAPABLE of providing for the care and protection of an intoxicated person.
What does sub-section (5) of S. 36 of the Policing Act 2008 relate to?
Clue: Police powers
- Section 31 of the Crimes Act 1961 applies in respect of the POWER to DETAIN and TAKE a person into CUSTODY under this section as if the power were a power of arrest.
