Policing Act 2008 Flashcards Preview

Chapter 2: Custody, Bail, Prosecution Guidelines and TASER > Policing Act 2008 > Flashcards

Flashcards in Policing Act 2008 Deck (17)
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1

What does Section 32 relate to?
Clue: particulars

- Identifying particulars of person in custody

2

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.

3

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

4

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.

5

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.

6

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.

7

What is the purpose of S. 33 of the Policing Act 2008 in relation to identifying particulars?

- Identifying particulars for SUMMONS

8

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.

9

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

10

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.

11

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.

12

What does S. 36 of the Policing Act 2008 relate to?
Clue: intoxicated

- Care and Protection of INTOXICATED people

13

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.

14

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.

15

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.

16

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.

17

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.