PPP154: Law, Policy and Procedure Session 1A Flashcards

Question

What causes the Exclusion of ID parade:

Answer 1

* Accused refuses. * It is not reasonable. * It is unfair.

Answer 2

Written notes by a person at the | time or after the event (up to 7 days).

Answer 3

Oral testimony of a sworn witness from | the witness box.

Answer 4

Preliminary hearing of an indictable matter in a lower court by a magistrate to determine if the prosecution has sufficient evidence against the accused to commit to trial.

Answer 5

Person from the other party questions the witness/suspect.

Answer 6

Person from same party has an opportunity | to ask questions in relation to cross examination.

Answer 7

Providing an accused or legal representative a copy of the evidence.

Answer 8

Evidence handed to magistrate to examine.

Answer 9

Taking all reasonable steps to avoid acts or omissions which could be reasonable foreseen to harm a person/s. As a Police officer: Take all reasonable steps to avoid an act or omission that might harm another.

Answer 10

All people of NSW.

Answer 11

Something you can foresee happening.

Answer 12

Can not foresee what will happen.

Answer 13

- Breaching the duty of care owed by one person to another. | - Failure to exercise reasonable care and skill.

Answer 14

Action was or was not undertaken and the risk was: • Foreseeable. • Not insignificant. • In the circumstances a reasonable person would have taken those precautions.

Answer 15

A person/s is in custody. They are your responsibility, it is your responsibility to look after them.

Answer 16

(Protection from personal liability) A member of the NSW Police Force is not liable for any injury or damage caused by act or omission, in the exercise of good faith of a function imposed by this or any other Act or law whether written or unwritten.

Answer 17

* Legal access and control over another person: * A person no longer free to come and go at will from the physical presence of a police officer. * The police officer has the intention and ability to actually prevent that persons departure. * Also extends to victims and witnesses. * IS LEGAL ACCESS+CONTROL.

Answer 18

Yes duty of care (slowing down in a car pursuit so no other persons get hurt).

Answer 19

Remove someone for their safety or safety of others.

Answer 20

A person who is in the company of a police officer for the purposes of participating in a investigation procedure in connection with an offence if: A. The person has been informed that he or she is entitled to leave at will and, B. The police officer believes that there is sufficient evidence that the person has committed the offence.

Answer 21

(Detention After Arrest For Purposes of Investigation) Police Officer has the power to detain and arrest a person for a period of time to investigate whether they committed an offence. – After the investigation period, must be released or charged.

Answer 22

Investigation Period – “6 hours” • Begins when the suspect is being investigated for an offence (Not from when being detained occurs). • Ends at a time that is reasonable in regard to circumstances and does not exceed 6 hours.

Answer 23

Detention Warrant to Extend Investigation Period – “12 hours in total” PO may apply for a warrant to extend the investigation period by a further 6 hours. S. 134 LEPRA – Orders For Taking Identification Prints – Custody. A court that finds a person guilty of an offence will be ordered to present themselves to a police station for the taking of identification particulars. Failure to comply will result in their arrest. – This section allows us to take a full set of prints as opposed to field fingerprints (FCAN/FSCAN).

Answer 24

(Identification Particulars of Children Under 14 Years) (3) PO Sargent or above may apply for an order authorising taking particulars of a child under 14 years age: * Through the Children’s Court or if not possible within 72 hours of taking into custody. * Through a Magistrate, Children’s Magistrate or registrar of the Local Court.

Answer 25

* Total restraint of the personal liberty of another. * Effective the moment a person is not free to come and go as he/she pleases. * A officer plainly conveys by words or actions that a suspect is not free to leave. If there is satisfaction from 99 1a but not 1b investigate proceedings via FCAN, Future Service CAN: • Must at least have reasonable grounds to suspect the person is committing or has committed an offence to arrest.

Answer 26

Must have S.99 1(a) + S.99 1(b) • S.99 1(a) LEPRA: (1) A police officer may, without a warrant, arrest a person if: (a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and, • S.99 1(b) LEPRA = FINECHAPS • Must IPE.

Answer 27

S.99 1(b) LEPRA F - To stop the person fleeing from a police officer or from the location of the offence. I - To enable enquiries to be made to establish the person's identity if it cannot be readily established or if the police officer suspects on reasonable grounds that the identity information provided is false. N - Because of the nature and seriousness of the offence. E - To preserve evidence of the offence or prevent the fabrication of evidence C - To stop the person from committing or repeating the offence or committing another offence. H - To prevent the harassment of, or interference with, any person who may give evidence in relation to the offence. A - To ensure that the person appears before a court in relation to the offence. P - To obtain property in the possession of the person that is connected with the offence. S - To protect the safety and welfare of any person (including the person arrested).

Answer 28

``` (BOWS): 1. Breach of Peace – Common Law 2. Offence – s. 99 LEPRA 3. Warrant – s. 101 LEPRA 4. Specific Power • Breach of Bail (BA) • Conduct Breath Analysis (Sch. 3, Cl. 4 RTA) ```

Answer 29

1. Arrest for offence, warrant, BOP, specific power. 2. Sufficient act of arrest to detain liberty of suspect. 3. Officer notifies suspect they are under arrest. 4. Officer notified the suspect as the reason(s) for arrest (s. 201 LEPRA).

Answer 30

(SSW): 1. Seizure or touching. 2. Submission. 3. Words or conduct by the officer stating the person/s is not free to go.

Answer 31

P- Police officer – Without Warrant S. 99 O- Other Persons – Without Warrant S. 100 W- Warrant To Arrest S.101 A- At large Persons S. 102 I- Interstate Offences S. 104 D- Discontinue Arrest S. 105

Answer 32

* No action. * Warning. * Penalty notice. * (FCAN) Field Court Attendance Notice. * (FSCAN) Future Service Court Attendance Notice.

Answer 33

Inform- Reason for exercise of power. Provide- Name and place of duty. Evidence- That you're a police officer (Unless in uniform).

Answer 34

1. Working in covert operation. 2. Entering or searching public place. 3. Speaking to a victim. 4. Detain a intoxicated person.

Answer 35

Powers that require IPE: stop, search, arrest, search vehicle, enter premises, seize property, request identity, general directions and establish crime scene Powers that don’t require IPE: enter or search a public place, covert search warrant, detain an intoxicated person Part 16.

Answer 36

PO to provide information when exercising powers. - Evidence you’re a police office, Name/place of duty, Reason for exercise of power. - PO must IPE before giving direction or as soon as reasonably practicable to do so. - Direction etc. given to group, not necessary to repeat to all persons. - If 2 or more PO exercising power, only one PO required to IPE. - If person subject to exercise of power asks, PO must IPE.

Answer 37

PO to give warnings. PO must give warning to a person subject to exercise of power that they must: • Required by law to comply and, • Failure to do so may be an offence. - Warning not required if they have already complied.

Answer 38

If the PO fails to provide their name or place of duty when exercising a power it does not render the exercise of the power unlawful or otherwise affect the validity of anything resulting from the exercise of that power. • Does not apply if the failure to comply occurs after the police officer was asked for information. • Does not apply to the exercise of a power that consists of a direction, requirement or request to a single person.

Answer 39

It’s lawful for a police officer exercising a function under this Act or any other Act or law in relation to an individual or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the function.

Answer 40

A Police officer or other person who exercises a power to arrest another person may use as much force as necessary to make the arrest or to prevent the escape of the person after arrest

Answer 41

A PO may discontinue an arrest in any of the following circumstances: • If the arrested person is no longer a suspect or the reason for the arrest no longer exists. • If it is more appropriate to deal with the matter in some other manner - E.G. By issuing a warning or caution or a penalty notice or court attendance notice or, in the case of a child, dealing with the matter under the Young Offenders Act 1997 .

Answer 42

* Subjective- Police officers point of view. | * Objective- Would a reasonable person come to the same conclusion?

Answer 43

You will need to assess: • Whether there's some evidence to support each "proof" of offence. • Whether it can or cannot be said that there's "on reasonable grounds" Prospect of conviction. • Whether it's in the "public interest" to commence proceedings.

Answer 44

(on the face of it) Is a case that looks like there is enough evidence to support the claim or charge before evidence from the defendant is taken into account.

Answer 45

* Definitions * Sections * Powers * Procedures * Offences * Penalties * Legal defences

Answer 46

PART 1: 1. The accused 2. Intentionally or recklessly 3. Destroys or damage property 4. Belonging to another person or joint ownership Imprisonment for 5 years – Caused by fire or explosives = Imprisonment for 10 years.

Answer 47

PART 1(A): 1. The accused 2. In the company of another person or persons 3. Intentionally or recklessly 4. Destroys or damages property 5. Belonging to another person or to the person and another. Imprisonment for 6 years – Caused by fire or explosives = Imprisonment for 11 years.

Answer 48

Part 2 1. The accused 2. In the company of another person or persons 3. Intentionally or recklessly 4. During a public disorder 5. Destroys or damages property 6. Belonging to another person or to the person and another. Imprisonment for 7 years – Caused by fire or explosives = Imprisonment for 12 years.

Answer 49

TABLE 1: IF: Property value exceeds $5000 OR: Serious Injury (GBH or more) OR: The offence is listed in Table 1 of Schedule 1 of the Criminal Procedure Act 1986. Prosecution and Defence may opt for higher jurisdiction. (District Court, Supreme Court).

Answer 50

TABLE 2: IF: Property value is less than $5000 OR: NOT a Serious injury (Less than GBH) OR: The offence is listed in Table 2 of Schedule 1 of the Criminal Procedure Act 1986. THIS MEANS: That the prosecution only may opt for higher jurisdiction. (District Court, Supreme Court).

Answer 51

``` Concepts: • Damage to property • Temporary functional derangement • Durden of proof • Recklessness • Test of foresight • Transfer of malice • Reasonable third person ```

Answer 52

When property is damaged, it does not need to be totally ruined or destroyed for an offence of damage/destroy property to be established. It is not able to be used for its intended purpose and must be repaired.

Answer 53

This relates to the minimum amount of damage that occurs and is rendered temporary unusable. It is the minimum amount of damage accepted by the courts.

Answer 54

Burden of Proof: · Criminal: Beyond reasonable doubt, the burden lies with the prosecution. · Civil: Balance of probabilities, burden lies with the plaintiff

Answer 55

A person foresees that a particular result may come about because of a specific action, and still goes ahead with the action despite the potential consequences. E.G. If a window gets destroyed in the process by throwing a bottle at someone, to prove destroy and damage we must establish Mens rea (they knew the window could break if the bottle was thrown).

Answer 56

The possibility of causing damage or injury, and then going ahead with that particular action anyway, regardless of the possible outcome.

Answer 57

A person’s intent to damage property, or to injure another person, is transferred to an outcome that results in damage or injury caused to other property or to another person, even though the offender did not intend to cause the damage or injure the person. The actual target or recipient is not the original intended target or recipient. Like offences (intent to damage someone's car but damaging someone else's instead)

Answer 58

(3) For the purposes of this section, a person commits an offence in "circumstances of aggravation" if the person intentionally marks the premises or other property: (a) by means of any graffiti implement, or (b) in such a manner that the mark is not readily removable by wiping or by the use of water or detergent. Graffiti implement (Circumstance of aggravation) (a) spray paint, (b) a marker pen, (c) any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.

Answer 59

Section 4 (1) elements: • The accused, without a reasonable excuse or prior consent; • Intentionally • Marks any premises or property. – Does not apply to the marking of any public footpath or public pavement with chalk Maximum penalty: 4 penalty units. Section 4 (2) • All of the above elements • Circumstance of aggravation Maximum penalty: 20 penalty units or Imprisonment for 12 months. – Must only send a person to prison if they have a previous graffiti conviction or possession of graffiti implement (S. 5 GTA)

Answer 60

Trauma: Trauma is a term that covers both physical and psychological harm. ``` Road Trauma includes: • Number of crashes • Number of injuries • Number of deaths • Cost to the community • Social and economic factors ```

Answer 61

* RMS * Police * Stay safe committee * NRMA * Motor accidents authority * Local councils * NSW health * Pedestrian council

Answer 62

* Reduce crashes through a highly visible profile. * Promote voluntary road user compliance with traffic laws. * Detect and prosecute traffic offenders. * Promote the free movement of vehicles and pedestrians. * Be role models to the community through exemplary driving.

Answer 63

``` (YIMM) • Young and old pedestrians • Inexperienced drivers • Males • Motorcycle riders and pillion passengers ```

Answer 64

* Attend, assess, advise. * Attend to welfare of injured. * Identify drivers and witnesses. * Breath test drivers where possible. * Preliminary point of impact. * Ensure the free flow of traffic. * Investigate and record details. * Adjudicate on who is at fault & deal with such under relevant legislation.

Answer 65

``` The 5 E's: • Education • Engineering • Encouragement • Enforcement • Evaluation ```

Answer 66

``` (FADDS): • Fatigue • Alcohol • Drugs • Distractions such as mobile telephones • Stress, mood and depression ```

Answer 67

* Driver/Rider * Motor vehicle * Road / Related * Offence

Answer 68

Definitions S. 4 RT Act 2013: "motor vehicle" Means a vehicle that is built to be propelled by a motor that forms part of the vehicle.

Answer 69

Definitions S. 4 RT Act 2013: "Driver" Must be in control of the steering, movement or propulsion of the vehicle.

Answer 70

Definitions S. 4 RT Act 2013: "road" means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.

Answer 71

Definitions S. 4 RT Act 2013: "road related area" (a) an area that divides a road, or (b) a footpath or nature strip adjacent to a road, or (c) an area that is open to the public and is designated for use by cyclists or animals, or (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or (e) a shoulder of a road, or (f) any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this Act or the statutory rules apply.

Answer 72

Recognising the Traffic Offence: 1. Your position 2. Location – that is, streets and suburb. 3. Traffic lights – clearly visible and working properly, including the timing of phasing from amber to red, number of the TCL control box. 4. Offending vehicle description – that is, shape, colour, make, model etc. 5. Exact position of offending car when lights change to red ie what lane. 6. Time lapse from red light until offending car crossed the stop line. 7. Distance back from stop line of the offending car when the lights changed to red (direction, before, during and distance). 8. Estimated speed - WARNING – the relationship between points 7 and 8 needs to be compatible for any estimated speed.

Answer 73

S. 36A LEPRA - Power to stop vehicles. PO may stop a vehicle on reasonable suspicion the vehicle contains a driver/passenger who may be lawfully arrested, detained or searched. Vehicle may also be searched as per s. 36 LEPRA

Answer 74

S. 76 RTA 2013: S. 76(1) RTA – Defective registrable vehicles – PO may inspect registrable vehicle for: • Deciding its identity, condition or the status of any registration/ permit S. 76(2) RTA – Registered owner/operator or person selling vehicle must allow PO to inspect S. 76(3) RTA – PO may enter in or on a vehicle found on: • A road • Any premises ordinarily used for the sale of registrable vehicles (or suspected of doing so) S. 76(4) RTA – PO on discovering a defective registrable vehicle: • Issue a warning or a defect notice, or • Impose conditions on the use of the vehicle, or • Prohibit the use of the vehicle S. 76(5) RTA – Defect notice may be withdrawn/cleared in accordance with the statutory rules S. 76(6) RTA – After inspecting a registrable vehicle: PO may seize in or on the vehicle any device, plate or document if reasonable suspicion it is being used in an offence S. 76(7) RTA – “inspect" includes observe vehicle performance, with/without instrumentation

Answer 75

S. 142(1) RTA 2013 - Removal of dangers and obstructions to traffic. PO may remove a vehicle, thing or container and take such other steps as necessary to protect the public and facilitate the free flow of traffic if a danger or obstruction to traffic is caused by: • A vehicle that has been involved in an accident or has broken down, or • Anything that has fallen, escaped or been removed from a vehicle, or • Any container used for transporting materials or refuse (including a building skip)

Answer 76

S. 169A RTA 2013 - Direction to stop light vehicle or light combination: to enable exercise of other powers: A PO if exercising other powers may direct a driver of a light vehicle or light combination to: • Stop • Not move the vehicle or • Interfere with any equipment on it or interfere with its load.

Answer 77

S. 175 RTA 2013 - Driver/rider to produce driver’s licence and state name/address PO may require the driver/rider of a vehicle or horse to do the following: • Produce driver’s licence • State full name and home address Person must not refuse to comply or state false information. - Passenger of L plate vehicle must also produce above details.

Answer 78

S. 177 RTA – Responsible person for vehicle to disclose driver identity: If driver of a motor vehicle has committed an offence the responsible person for vehicle must: • Immediately give information as to the name and address of the driver, and • Give any information that in their power to lead to the identity of the driver.

Answer 79

``` SEINS = • Self • Enforcing • Infringement • Notice • Scheme ```

Answer 80

FPN (Fixed Penalty Notice): Used as a fact sheet written in third person covering all the elements of the offence in summary format for the courts Maximum of 4 given in one instance (exception if vehicle unregistered/uninsured or unlicensed).

Answer 81

Disposal of a FPN: • Nominating another driver • Requesting review • Paying the fine/Taking the matter to Court (SEINS) • If nominating another driver, a Statutory Declaration needs to be completed (with sufficient detail)

Answer 82

``` When writing a FPN description: 1. Direction/Speed 2. Describe what happened (How it happened) 3. Conditions TIP (Draw a vehicle diagram with occupants) ```

Answer 83

Can not issue a FPN but rather a FSCAN: • A fatal collision warrants action other than a charge. • The offence is not included in the Fixed Penalty Handbook. • It is an injury collision or involves a negative blood test and you cannot complete inquiries within three calendar months. • Other cases when you cannot complete inquiries within one calendar month. • Children under 16 are involved. • The actions of a driver/rider (non collision) are brought to your notice. • The driver of an ambulance or fire vehicle on urgent duty commits an offence. • The offender is a police officer on duty Superintendent or above may direct an infringement be issued to a police officer on duty if the offence does not involve serious injury or death.

Answer 84

``` Diplomatic status (FPN's): Police can issue Fixed Penalty Notice to a driver with diplomatic status but should not arrest anyone with Diplomatic status, if there is a need to do so contact VKG for advice. ```

Answer 85

Overseas licenses and Australia: For an overseas licence to be accepted it must be current and in English or accompanied by an English translation which is certified by the embassy as being genuine.

Answer 86

R = Rider: C = Car: • no more than 4.5 tonnes Gross Vehicle Mass (GVM) • carries up to 12 adults including the driver.

Answer 87

LR = LIGHT Rigid: • More than 4.5 tonnes GVM but no more than 8 tonnes GVM. • Carries more than 12 adults including the driver.

Answer 88

MR = MEDIUM Rigid: | • Any motor vehicle with two axles and more than 8 tonnes GVM.

Answer 89

HR = HEAVY Rigid: | • Any rigid vehicle with three or more axles and a GVM of more than 8 tonnes.

Answer 90

HC = HEAVY Combination: • Any prime mover attached to a semi-trailer or a rigid vehicle towing a trailer with a GVM of more than 9 tonnes plus any unladen converter dolly.

Answer 91

MC = MULTI Combination: | • Any B-Double or road train.

Answer 92

Defect notices: 5 copies. • BLUE goes to the driver to give to RMS for clearance • YELLOW goes to the driver for their records • PINK goes to the police to forward to RMS • GREEN goes to the Police for their records • WHITE copy stays in the book

Answer 93

Levels of Defects: 1. Formal warning – no label or FPN. 2. Minor defect notice – no label and possibility of FPN (max 4). 3. Major defect notice – Yellow label and FPN. 4. Major grounded defect notice – Red label and vehicle cannot be moved, it must be towed or fixed on the spot of defect. Can not issue defect notice to unregistered vehicle.

Answer 94

``` Means a defect not sufficiently serious to constitute an immediate danger to driving until the repairs have been effected: • Inefficient silencer • Ineffective wipers • Defective horn • Defective lights • Tyres with minor defects • Ineffective emergency break (handbrake) • Missing or broken mirrors ``` Use discretion and allow a reasonable period of time in which to affect repairs. No less than 24 hours and max 21 days.

Answer 95

Means a defect so dangerous as to require the vehicle to be put out of commission until the necessary repairs have been affected. Except that the vehicle may be driven by the shortest route to a place of repair. A yellow defect label is issued: • Ineffective service brakes • Defective steering gear • Smooth tyres • Glaring headlights at night Up to 24 hours for repairs

Answer 96

Means a defect so serious that continued travel would create a dangerous situation. After giving this direction the vehicle must not be driven. A red defect label is issued: • Steering, if jammed, disconnected or broken. • Suspension, if any component, spring, axle or locating rod is broken or missing. • Brakes, if the service brakes do not work, are broken or leaks hydraulic fluid. • Tyres, if a tyre has exposed cords or belts, bulges or evidence of case failure. • Wheels, where two or more studs or nuts are missing or broken or the wheel or rim is fractured. • Chassis, if a rail or structural member is cracked or separated through its cross section. Vehicles must be towed or fixed at the location of the defect issuing (cannot be driven away). A dangerously defective vehicle should be referred only to a Motor Registry for inspections.

Answer 97

Any heavy vehicle over 4.5 tonnes that is involved in a collision and has to be towed away issued with a defective vehicle notice, endorsed accident damage and will require that it be cleared by a motor vehicle inspector. • Affix a red defect label

Answer 98

Elements of a parking offence: • Motor vehicle • Road related area • Elements specific to the offence

Answer 99

Must not park within: • 3m of an Australia Post letter box unless dropping off/picking up passengers/mail. • 20 metres of an intersecting road with traffic lights unless a sign allows it. • 10 metres of an intersecting road without traffic lights unless a sign allows it. • 20 metres before and after a railway level crossing. • 20 metres before and 10 metres after a children’s/pedestrian crossing or on it. • 10 metres before and 3 metres after a marked foot crossing with traffic signals. • When parking on a hill or a curve outside a built up area, ensure traffic coming over the hill or, • around the bend can see your car from at least 100 metres away. • When over 3 meters away from your vehicle you must remove key from ignition AND lock all doors and windows if no one is in the vehicle.

Answer 100

Anyone over 10 and under 18.

Answer 101

(1) This part applies to the exercise of the following powers: (a) Power to stop, search or arrest a person (b) a power to stop or search a vehicle, vessel or aircraft (c) a power to enter or search premises (d) a power to seize property (e) a power to require the disclosure of the identity of a person (including a power to require the removal of a face covering for identification purposes), (f) a power to give or make a direction, requirement or request that a person is required to comply with by law, (g) a power to establish a crime scene at a premises

Answer 102

Evidence you are a Police officer, your name, rank and place of duty and the reason you are exercising a power.

Answer 103

In a criminal case it must be beyond a reasonable doubt and the burden lies with the prosecution. In civil matters it is a balance of probabilities and the burden lies with the plaintiff.

Answer 104

They are a Fixed Penalty Notice. These are used as fact sheets, written in the third person covering all the elements of the offence in a summary format for the courts. Max 4 per instance.

Answer 105

We must establish: | Actus Reus and Mens Rea.

Answer 106

- Ineffective service brakes - Defective steering gear - Smooth tyres - Glaring headlights at night. Up to 24 hours. The vehicle can be driven away.

Answer 107

- Inefficient silencer - Ineffective wipers - Defective horn - Defective lights - Tyres with minor defects - Ineffective emergency break - Missing or broken mirrors No less than 24 hours- max 21 days.

Answer 108

``` 1- No action 2- Warning 3- FPN 4- FCAN 5- FSCAN ```

Answer 109

- Reduce crashes through high visibility policing. - Promote the voluntary road user compliance with traffic laws. - Detect and prosecute the free movement of vehicles and pedestrians. - Be role models to the community through exemplary driving.

Answer 110

- Steering jammed, disconnected. - Suspension components compromised. - Brakes not working. - Tyres with exposed belts. - wheel studs missing.

Answer 111

(a) an area that divides a road, or (b) a footpath or nature strip adjacent to a road, or (c) an area that is open to the public and is designated for use by cyclists or animals or, (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or (e) A shoulder of a road, or (f) Any other area that is open to or used by the public and that has been declared under section 18 to be an area which specific provisions of this act or statutory apply.

Answer 112

- Constriction on social spaces. - Social Background. - Political pressures for Police to act.

Answer 113

- Formal Warning - Minor Defect - Major Defect - Major Grounded

Answer 114

``` Education Engineer Enforce Evaluate Encourage ```

Answer 115

(a) Spray paint, (b) A marker pen, (c) Any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.

Answer 116

- Original: Facts perceived by the witness (seeing, touching, tasting, hearing and smelling). - Real: Physical Evidence (DNA). - Documentary: Evidence in documents (written records, electronic records, audio visual records).

Answer 117

- The accused - Assaulted - The person - Causing grievous bodily harm and was reckless as to causing actual bodily harm. 10 years

Answer 118

- The accused. - Without reasonable excuse. - Used offensive language In, near or within hearing of a public place or school.

Answer 119

- The accused. - Without reasonable excuse. - Conducted themselves in an offensive manner in, near, or within hearing/viewing of a public place or school.

Answer 120

- Driver/Rider - Motor vehicle - Road/road related area - Offence

Answer 121

- The accused, - Without reasonable excuse or prior consent - Intentionally - Marks premises or property.

Answer 122

``` 1- The accused. 2- Intentionally or recklessly. 3- Destroys or damages property. 4- Belonging to another person or joint ownership. - Imprisonment of 5 years. - Caused by fire or explosive 10 years. - Another person = 6 years. Fire and Explosives with another person = 11 years. - Public disorder = 7 years. Fire and Explosives = 12 ```

Answer 123

``` Yellow = Major defect. 24 hours to fix. Red = Grounded. Must be towed. ```

Answer 124

- 3m, unless dropping something/someone off.

Answer 125

``` With = 20m Without = 10m ```

Answer 126

20m before, 10 after.

Answer 127

Must be visible from 100m.

Answer 128

Car must be locked and off.

Answer 129

``` (DOPP): Definition Offence Powers Procedural ```

Answer 130

2-5 years imprisonment.

Answer 131

5+ Years in Gaol.

Answer 132

These are administrators of the YOA for NSW Police. As part of their duties, they are responsible for delivering cautions and referring children and young people to the youth justice conference.

Answer 133

(NCCIS): - NUMBER of deaths - COST to the community - Number of CRASHES - Number of INJURIES - SOCIAL and economic factors

Answer 134

Defect Vehicles.

Answer 135

FINECHAPS: F- To Stop the person FLEEING from a police officer or from the location of an offence. I- To enable enquiries to be made into the IDENTITY if it cannot be readily established or if the Police officer suspects on reasonable grounds that the identity information provided is false. N- Because of the NATURE and seriousness of the offence. E- To preserve EVIDENCE of the offence or prevent the fabrication of evidence. C- To stop the person from COMMITTING or repeating the offence or committing another offence. H- To prevent the HARASSMENT of, or interference with, any person who may give evidence in relation to the offence. A- To ensure that the person APPEARS before a court in relation to the offence. P- To obtain PROPERTY in the possession of the person that is connected with the offence. S- To protect the SAFETY and welfare of any person.

Answer 136

Removing someone for their safety or safety of others.

Answer 137

It is when you have TEA T- Total restraint of the personal liberty of another. E- Effective the moment a person is not free to come and go as he/she pleases. A- An Office plainly conveys by words or actions that a suspect is not free to leave.

Answer 138

It is an area that is open to or used by the ublic and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.

Answer 139

These offences include murder, manslaughter, offences regarding the infliction of really serious injury when the person intended to do so, robbery, very serious sexual offences and drug offences involving Large quantities of drugs. -Tried by a jury in the district or Supreme court. -They are not included in the Table 1 or 2. - Usually involve 25 years imprisonment to life.

Answer 140

- It is an offence that can be held summarily. - It can be heard and determined in local court by a magistrate. - It can have a fine or up to 2 years in Gaol.

Answer 141

- Property damage that exceeds $5000. - Serious injury (GBH). - It is a listed T1 offence. - The prosecution and defence can bump it up.

Answer 142

- It is an offence that has

Answer 143

This test is about the opinion of a reasonable person who was not directly involved in the situation.

Answer 144

This is a test taken from the point of view of the victim, offender, or any other person directly involved in the incident

Answer 145

Legal access and control.

Answer 146

- It is assumed A child under 10 is incapable of forming criminal intent and therefore cannot be charged with any offence. - With children between 10 and 14 police have to prove Mens rea that children knew what they were doing was wrong. - Over the age of 14 the child is presumed to possess enough reason to form intent.

Answer 147

Taking all reasonable steps to avoid acts or omissions which could be reasonable foreseen to harm a person(s).

Answer 148

Information captured in the admissible format that once tendered and accepted by the court proved or disproves the existence of a fact in issue in the court proceedings.

Answer 149

- Breaching the duty of care owed by one one person to another. - Failure to exercise reasonable care/skill.

Answer 150

Its is: - The Role of constable. - Office of constable. - Using own discretion. - Accountable for own actions. - Without having to refer to a higher authority.

Answer 151

- For Face value. - It is a case that looks like there is enough evidence to support the claim or charge before evidence from the defendant is taken into account.

Answer 152

This is when a person foresees that a particular result may come about because of a specific action, and still goes ahead with the action despite the potential consequences.

Answer 153

- An Arrest may be discontinued if the person is no longer a suspect or the reason for the arrest no longer exists. - If it is more appropriate to deal with the matter in another way.

Answer 154

(1) A police officer may enter premises if the Police officer believes on reasonable grounds that: (a) There is a breach of the peace or likely to be. (b) A person has suffered significant physical injury or there is imminent danger of significant physical injury. (2) A PO may stay on premises for as long as necessary in the circumstances.

Answer 155

(1) A Police officer may, without a warrant, arrest a person if: (a) The Police officer suspects on reasonable grounds that the person is committing or has committed an offence, and: ......(b)

Answer 156

Protection from personal Liability. - A member of the NSWPF is not liable for any injury or damage caused by act or omission, in the exercise of good faith of a function imposed by this or any other Act or law whether written or unwritten.

Answer 157

``` Self Enforcing Infringement Notice Scheme ```

Answer 158

The action, or Actus Reus, of the person with little or no Mens Rea present. For example: Speeding in a motor vehicle.

Answer 159

This related to the minimum amount of damage that occurs and is rendered temporary unusable. It is the minimum amount of damage accepted by courts.

Answer 160

- Direct is the object, the heart of the matter. The gun used in a Shooting. - Circumstantial is the secondary evidence (fingerprints/blood).

Answer 161

- Legislation is an ACT voted in by parliament. - Policy is how to act under the legislation and follow it. - Policy can be broken as long as there is a valid reason. Legislation cannot be broken.

Answer 162

Direction and speed.

Answer 163

It is a like for like offence..

Answer 164

Trauma is a term that covers both physical and psychological harm.

Answer 165

- LEPRA Section 99(1)(a)(b) | - I.P.E

Answer 166

Relevant Reliable Fair

Answer 167

- RMS - Police - Stay safe committee - NRMA - Motor accidents authority - Local councils - NSW health - Pedestrian Council

Answer 168

Thanks to: - Section 7 of the Police Act, Statement of values - Section 6 of the Police Act, Roles Missions and Functions. - Regulation 7, The Oath of Office. - These provide guidance and what to do and how to fulfil your role as a NSW Police officer.

Answer 169

- derived from the decisions of judges in past cases. “If a ruling was made on the basis of certain facts, and those facts happen again, the same ruling should apply”.

Answer 170

Parliament Law- Legislation. (civil + criminal Law)

Answer 171

* Person killed or injured. * Drivers leave the scene without supplying particulars (s. 287 RR). * Drivers under the influence of alcohol or other drug.

Answer 172

``` A – Attend, assess and advise. I – Injured to be tended to. D – Driver and witness identities. B – Breath test drivers where possible. I – Impact preliminary point of. T – Traffic - ensure the free flow of. C – Crash investigation. H – How and who is at fault. ```

Answer 173

1. The driver/s. 2. The vehicle/s. 3. The road environment and conditions.

Answer 174

A driver involved in a motor vehicle collision must stop and provide the following details: • Driver's name and address. • Vehicle owner's name and address. • Vehicle registration. • Any other information necessary to identify the vehicle. • An explanation of the circumstances surrounding the crash. ``` (PO ONLY!) Details must be supplied to the following parties: • Any driver involved. • Any person injured. • The owner of any property damaged. • Any PO attending the scene. ```

Answer 175

Arranging a Tow Truck: Tows are usually arranged for by the vehicle owner. PO may organise tows when: • The owner/driver is unable to organise the tow eg. injured (owner still required to pay). • When the vehicle is required for the purpose of examination/exhibit. • PO must NOT recommend a tow company. Can only organise the next rostered truck.

Answer 176

- Applicable Driver Licence: A licence issued under any jurisdiction authorising the driver to drive one or more class of vehicle. Includes receipt for licence/foreign licence. - Applicable Interlock Driver Licence: A drivers licence with an interlock required. - Applicable Learner Licence: L Speed Limit = 90 km/h. Learner licence or receipt for such or foreign equivalent. - Applicable Provisional Licence: P1 Speed Limit = 90 km/h. P1 or P2 or applicable foreign jurisdiction. P2 Speed Limit = 100 km/h. - Foreign Driver Licence: Ordinarily a resident in a foreign country and not permanent Australian resident and has licence issued in country for which the person is a resident. - Learner Driver: Holds a learner licence for that class of vehicle and is learning to drive that vehicle. - Novice Driver: Holds an applicable learner, applicable provisional or an applicable interlock driver licence. - Special Category Driver: Coach, GVM exceeding 13.9 tonnes, public passenger vehicle, carries dangerous goods.

Answer 177

Anything made or adapted to: • Cause or intend to cause injury to a person or, • Menace a person or, • Damage property.

Answer 178

Such as is calculated to wound the feelings, arouse anger or | resentment of disgust in the mind of a reasonable person.

Answer 179

Is taken from the point of view of the victim, offender, or any other person involved in the incident.

Answer 180

This test is about the opinion of a reasonable third person who was not involved in the situation but who may have been a bystander and witnessed the incident.

PPP154: Law, Policy and Procedure Session 1A Flashcards

(205 cards)