PPP114 - The Pink Sheet

Question 1

section 99(1) LEPRA

Answer 1

Powers of arrest.

(1) A police officer may arrest a person without warrant, if:
(a) A person has committed an offence under any act statutory instrument, or,
(b) A person has just committed any such offence (unbroken pursuit), or,
(c) A person has committed a serious indictable offence in which they have not been tried

Question 2

section 99(2) LEPRA

Answer 2

Powers of arrest.
(2) A police officer may arrest a person without warrant if the police officer suspects on reasonable grounds that the person has committed an offence under any act or statutory instrument

Question 3

section 99(3) LEPRA

Answer 3

(3) A police officer must not arrest a person for purpose of taking proceedings against the person unless the police officer suspects on RG that it is necessary to arrest the person to acheive one or more of the following:
appearance in court
repetition of the offence
concealment of evidence
harassment of person who may give evidence 
evidence fabrication
safety of the person
ARCHES

Question 4

section 99(4) LEPRA

Answer 4

(4) A police officer who arrests a person under this section must, as soon as reasonably practical take the person and any property found on the person before an authorised officer to be dealt with according to law

Question 5

state the official caution

Answer 5

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?

Question 6

state what a breach of the peace is

Answer 6

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

Question 7

section 201(1) LEPRA

Answer 7

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

Question 8

section 21(1) LEPRA

Answer 8

(1) a police officer without warrant may stop search and detain a person, and anything in the possession or under the control of the person, if the police officer suspects on RG that the following exists;
(a) person has anything in their possession or under their control stolen or unlawfully obtained
(b) person has in their possession or control anything used or intended to be used in or in connection with the commission of a relevant offence
(c) person has in his or her possession or under their control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence
(d) person has in their possession or under their control a prohibited plant or drug

Question 9

section 36(1) LEPRA

Answer 9

(1) a police officer without warrant may stop search and detain a vehicle, if the police officer suspects on RG that the following exists;
(a) the vehicle contains, or a person in the vehicle has in his or her possession or under their control anything stolen or unlawfully obtained
(b) the vehicle is being, or was, or may have been used in or in connection with commission of a relevant offence
(c) the vehicle contains anything used or intended to be used in or in connection with the commission of a relevant offence
(d) the vehicle is in a public place or school and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence
(e) the vehicle contains, or a person in the vehicle has in their possession or under their control a prohibited plant or drug
(f) circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk

Question 10

justification for discharging of a firearm

Answer 10

you are only justified in discharging your firearm when there is an immediate risk to your life of the life of someone else, or there is an immediate risk of serious injury to you or someone else, and there is no other way of preventing the risk

Question 11

justification for use of taser

Answer 11

protect human life, control person/s where violent resistance or confrontation occurs or is imminent, protect officer/s in danger of being overpowered or to protect themselves or another person from the risk of ABH, protection against animals

Question 12

justification for use of baton

Answer 12

you may use your baton if in danger of being overpowered, or to protect yourself or others from injury. The force must always be reasonable

Question 13

justification for use of oc spray

Answer 13

for protection of human life, less than lethal option for controlling people where violent resistance or confrontation occurs (or is likely to) and protection against animals

Question 14

justification for use of handcuffs

Answer 14

only justified using handcuffs when;

they have tried to escape, to prevent their escape, to prevent injury to themselves or others