what is Terra Nullius
Land belonging to no one
what is Common Law
Made by judges, is the unwritten law and is based on the doctrine of precedent
what is Statute Law
Law that is made by parliament, both state and federal. “Statutes” are also known as Acts Of Parliament. Signing of the magna carter, also has section numbers and titles unlike common law
what is Civil Law
Private parties involved, debt collection, property dispute, will divorces etc
What is Criminal Law
Offences against the state, stealing, murder, assault
When was the first police officer killed and his name
C/st Joseph Luker, murdered in 1803
What was the first police force called in NSW, what date and appointed by whom
Convict night watch, appointed by Governor Phillip in 1789
What is Deviance
A non-conformity to a given norm
What are the four arms of the NSW criminal justice system
The law makers, the law enforcers, adjudicators and corrections
who are the law makers in NSW
Legislative assembly (lower house) and Legislative counsel (upper house)
why do we have separation of powers
To make sure that the arms operate independently so that there is no abuse of power
What are the separation of powers
The legislature (makes the law), the Executive (enforces the law) and the judiciary (applies the law)
What are the aims of law makers
set standards of behaviour, communicate standards, clarify ambiguities, guide the rest of the system
what are the aims of law enforcers
prevention of crime, detection of offences, bringing offenders to justice, maintaining public peace, protect the rights of individuals, enforce law
What are the statements of values
(a) Places integrity above all,
(b) upholds the rule of law,
(c) preserves the rights and freedoms of individuals,
(d) seeks to improve the quality of life by community involvement in policing,
(e) strives for citizen and police personal satisfaction,
(f) capitalises on the wealth of human resources,
(g) makes efficient and economical use of public resources, and
(h) ensures that authority is exercised responsibly.
What is Original Authority
Original authority provides us with the ability to make our own decisions. However, the power has been delegated to us by the community (people of NSW) on the understanding that we remain accountable for our actions.
What is the link between Original Authority, Discretion and Accountability
Original authority is based around the officer using their discretion in any situation and being accountable for any action or inactions taken
What is Actus Reus
The physical act of crime
What is Mens Rea
The guilty mind
What is Prima Facie
When there is a case to answer, the prosecution gives all the evidence and the judge will decide on prima facie, if the court is satisfied with the proof the defence can proceed
What is an Inquisitorial System
A system where the judge or magistrate decides what evidence goes, the judge or magistrate makes a decision
What is an Adversarial System
A system where the judge is impartial, two sides try and present their case (the prosecution and the defence). The judge will come do a decision based on facts and evidence heard
What is Supreme Court
The highest court in NSW, deals with serious civil and criminal cases, consists of a panel of justices (the bench)
What is a Summary Offence
An offence that is heard and determined by a magistrate, there is no provision for trial by jury
What is an Indictable Offence
an offence that may proceed to trial
Which is the only court in NSW to use the Inquisitorial System
The coroners court
What is Elements/Proof of an Offence
The elements or proofs are parts of the offence which must each be established and proved beyond a reasonable doubt
What is Burden Of Proof
The burden of proof is the responsibility of the prosecution
Who makes the law, Government or Parliament?
Parliament makes the law. If government made the law there would be biases
What is bail
given freedom before trial based on a monetary agreement
What is remand
being kept in custody until trial
What are the three functions of the supreme court
Divisional, Court of appeal and Court of criminal appeal
What is the maximum penalty that is given at local court
2 years imprisonment
what does the district court deal with
indictable offences and appeals
what are the 4 courts under district court
local court, coroners court, children’s court and licensing court
How long is the statue of limitation on summary offences and how long is the statue of limitations for indictable offences
6 months for summary offences and no time limit on indictable offences
What are the 4 sentancing theories
Protection (community, victim, offender), Deterrence (Warning to others, penalties for breaking the law) Retribution (Punish Justice and Revenge) And Rehabilitation (Changing behaviours to non criminal)
What year was common law established
1066
What year was statue law established
1215
What 4 ways can statue law impact common law
RODS - remedy, overrides, declares, supplements
When was the NSW police force formed
1862
What offences do local courts deal with
Summary offences, table 1 and table 2 indictable offences
What is a committal hearing
It is a preliminary hearing done by a local court magistrate that determines whether there is sufficient evidence to send the accused to a higher court (aka prima facie)
how many fingers can Matt take from behind
As many fingers as you’d like
What is the Doctrine of Doli Incapax
it is a common law that states children between the ages of 10 and 14 do not possess the mens rea to commit a crime.
What is the Doctrine of Precedent
it refers to the decisions made by previous judges which has been passed down through common law
How many tablets of fluid away does Tyler need to take to lose his excess water retention
586 tablets per year
what are 4 sections of an act
offence creating, definitions, powers, procedural
what is the official caution
i am going to ask you some questions about this matter. you do not have to say or do anything if you don’t want to. do you understand that?
We will record what you say or do, we can use that in court. Do you understand that?
S99 (3) relates to?
justification for arrest, appearance in court repetition of the offence concealment of evidence harassment of person who may give evidence evidence fabrication safety of the person ARCHES
what does section 99 (1) (c) relate to
(c) a serious indictable offence has been committed in which a person has not been tried
(broken pursuit)
what does section 99 (1) (a) relate to
(a) a person is in the act of committing an offence under any act or section
(arrested while they are actually committing the offence)
what does section 99 (1) (b) relate to
(b) the person has just committed any such offence
unbroken pursuit
what is section 50 (1) of teh bail act
breach of bail - power to arrest
when do you use the caution
when the person is being arrested, if you believe there is sufficient evidence to arrest a person or prove they committed the offence, if you do not allow a person to leave if they tried to, if you give a person reason to believe they cannot leave
in relation to arrests what is POWAID
- police, 100. others, 101. warrant, 102. at large, 104. interstate (indictable >2 years jail) 105. discontinue arrest
POWAID
what does section 21 LEPRA refer to
stop search detain persons without warrant. (pre arrest power to search). if the police officer suspects on reasonable grounds that the person has in his property anything unlawfully obtained, anything used in relation to an offence, possession of a dangerous article in public place, or possession of drug or plant
what does section 26 LEPRA relate to
power to search for knives and dangerous implements (pre arrest search power) , allows for a frisk search only
What does section 36 LERPA refer to
stop search detain vehicle if police officer suspects on reasonable grounds that the person has anything in his property unlawfully obtained, vehicle may have been used in commission of an offence, vehicle contains anything intended to be used in commission of an offence, vehicle contains a dangerous article in public place, possession of drug or plant, likely to cause serious risk to public safety
what does section 36A refer to
stop a vehicle to arrest person
what is the power to search in custody
section 24 LEPRA. Police may search for anything and seize and detain anything found during search. Section 81 MHA, section 208 LEPRA (search intoxicated person who is detained
what is the power to search on arrest
section 23 LEPRA. police may search a person when arrested to search for, any danger to the person, could be used to escape custody, is a thing that relates to the offence being committed, thing provide evidence to the commission, the thing that might have been intended to be used in the commission of the offence and may seize and detain the thing found in the search
what is breach of the peace
whenever harm is done or is likely to be done to a person or in his presence to his property - or a person is in fear of being harmed through an affray assault riot or some disturbance
what does section 9 (1) (a) LEPRA 2002 relate to
A police officer may enter premises if officer believes on reasonable grounds that it is necessary to enter to prevent breach of the peace
what does section 9 (1) (b) LEPRA 2002 relate to
a person has or is likely to suffer significant physical injury and it necessary to enter to prevent further injury
what does section 9 (2) LEPRA 2002 relate to
a police officer may remain on premises as long as it is reasonably necessary in these circumstances
what does section 10 (1) LEPRA relate to
a police officer may enter and stay on premises for a reasonable time to arrest or detain a person
what does section 10 (2) LEPRA relate to
police may only enter if believes on reasonable grounds the person is in the dwelling
what does section 10 (3) LEPRA relate to
a police officer who enters premises may search the premises for the person
what is the order of the proper announcement
- Notice of presence (knock.ring) 2. notice of authority (identify as police) 3. notice of purpose (lawful reason) for demanding admittance 4. Provide opportunity to comply
what are the 5 methods of arrest
telling the person, touching the person, restraining the person, locking up the person, confining the person
what does section 201 (1) LEPRA relate to
IPE. Inform person reason for exercise of power, Provide name of police officer and station of duty, Evidence that the police is a police officer if not in uniform
what does section 201 (2c) LEPRA relate to
A person must comply- required by law
what is reasonable suspicion formed upon
Situation History Intelligence Time and location (SHIT)
What does section 133 LEPRA refer to
Power to take ID particulars for persons over 14.
(1) police officer may take or cause to be taken all particulars necessary to identify a person who is In lawful custody for any offence
(2) If the person is over 14 particulars may include photograph, finger print and palm prints
What does section 136 LEPRA refer to
Identification particulars of children under 14 years
Only a sergeant or above can request
What is custody
Control and legal access are combined then a person is deemed to be in your custody
What is legal access
Lawful right to arrest or detain a person and arises when
- an offence has been committed
- sufficient evidence exists
- your duty requires a response
What is control
Person complies with request to remain, you prevent them from leaving or you physically restrain the person
What is duty of care
Legal obligation to avoid harm to another
What is negligence
Breach of a duty owed by one person to another
What does section 109 LEPRA (Part 9) refer to
Detention after arrest
- provide for a time period for Detention (4hr(
- authorises detention
- provides for the rights of the detainee
What is section 11 LEPRA
Request identity of person who is unknown to police if suspected on RG that they may be able to assist in investigation of alleged indictable offence because person was at or near place where alleged offence occurred before, during or soon after
What does section 14 LEPRA refer to
Request id for vehicle
- RG to suspect
- driver
- passenger
- owner
- vehicle may have been used in indictable offence
What does section 197 LEPRA
Move on direction - in public place - reason to believe - causing/ likely to cause fear - harassment/intimidation -obstruction of traffic -purchasing, obtaining prohib drug -supplying, intending to supply drug CHOPS
what does S99(2) refer to
A police officer may, without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person has committed an offence under any Act or statutory instrument.
what does s99(4) refer to
A police officer who arrests a person under this section must, as soon as is reasonably practicable, take the person, and any property found on the person, before an authorised officer to be dealt with according to law.
section 23 of the care act 1998
ROSH
basic physical/psych needs not being met
parent/caregiver not arranged medical care
parent/caregiver not arranged education
at risk of physical/sexual abuse
household of DV and at risk of psych harm
section 43(1) of care act 1998
IROSH
AVO would not suffice
section 43(2) of care act 1998
need of care/ protection
not subject to supervision of adult
living in or habitually frequently visiting public places
section 43(3) of care act 1998
need of care/protection
been on premises where prostitution/ abuse material produced OR participating in any act of child prostitution or abuse material
section 43(4) of care act 1998
enter premises where child suspected to be, enter premises or place adjacent to place if police suspect on RG the person has just left or is in the place.
power to search for the person in premises of any place and adjacent place
section 240 of care act 1998
use of reasonable force, police not liable for damages
