Revision for 1st Exam Flashcards

(115 cards)

1
Q

Indecent Exposure

Summary Offences Act 1981

A

In OR within view of a public place

Intentionally and obscenely

Exposes any part of his or her genitals

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2
Q

Indecent Act in Public Place

Crimes Act 1961

Section 125

A

Wilfully does

Any Indecent Act

In any place to which the public have or are permitted to have access, OR within view of any such place.

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3
Q

Section 110

Search and Surveillance Act 2012

A

Incidental powers:

  • Use force on that property to execute a search power
  • Bring or use equipment or other people to assist
  • Bring an enforcement dog
  • Take or copy any document that may lawfully be seized
  • Photo or take recordings
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4
Q

S8 of the Victims Rights act states that Victims are entitled to:

A

Medical, Welfare, Counselling, Legal

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5
Q

Punishment for theft?

A

Greater than $1000 - 7 years

$500 - $1000 - 1 year

$0 - $500 - 3 Months

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6
Q

Dishonestly Gets Into or Upon

A

Dishonestly

Without Claim of Right

Gets into or upon

Any or part of vehicle, ship or aircraft

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7
Q

Section 29

Search and Surveillance Act

A

if you believe that stolen property is in that vehicle you may search that vehicle without warrant.

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8
Q

Section 40

Oranga Tamariki Act 1989

A

Warrant to remove CYP, made by a court order

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9
Q

What are the three types of violence identified in the Family Violence Act 2018?

A
  1. Physical Abuse
  2. Sexual Abuse
  3. Psychological Abuse
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10
Q

Wilful Damage

Summary Offences Act 1981

Section 11(1)(a)

A

Intentionally -

A deliberate act, without lawful justification, excuse or claim of right. OR A reckless act (where the possible consequences are forseen but continues the act regardless of the risk, without lawful justification, excuse or claim of right.

Damages - Temporary or permanent reduction in the value and/or usefulness of the property.

Property - Something that belongs to another person and is capable of being damaged.

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11
Q

What does VAWSEEPO stand for?

A

Victim

Appreciation

Witness

Scene

Exhibits

Elements

Powers

Offender

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12
Q

Section 96

Land Transport Act 1998

A

You must seize and impound a motor vehicle if you believe that a person drove a vehicle while:

  1. Disqualified from holding or obtaining a license
  2. Had their license suspended or revoked
  3. They were not holding a license and had been previously forbideen from driving
  4. They have over 400mcg of alcohol per litre of breath AND have 2 convictions for relevant offences in the past 4 years.
  5. They have over 80mgm of alcohol per 100ml blood AND have 2 convictions for relevant offences in the past 4 years.
  6. They have refused a blood test and have two previous convictions for any relevant offence within the last four years.
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13
Q

Burglary

Crimes Act 1961

Section 231 (1)a)

A

Enters

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.

Any building or any ship or any part of a building or ship

Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

Without authority

An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.

With intent to commit an imprisonable offence

There must be an intention to commit an imprisonable offence. This offence does not have to be theft.

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14
Q

Victims must always be treated with……

A

Compassion, Courtesy, Privacy & Dignity

CCPD

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15
Q

Minor in Possession of Alcohol for Consumption

Summary Offences Act 1981: Section 38(3)(b)

A

Every person under 18 years of Age

Who has in his/her possesion for the consumption of

Alcohol

In a public place

While not accompanied by his or her parent or legal guardian

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16
Q

Five categories of people that Police can breath test?

A
  1. Any Driver on any road
  2. Anyone attempting to drive on any road
  3. Anyone you have good cause to suspect has recently committed an offence
  4. Any driver of a vehicle involved in an accident
  5. Where the driver is not known but you suspect that passengers in a motor vehicle may have been involved in a crash.

Any driver, attempts offences by accidentally not knowing

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17
Q

Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive

Section 45 Arms Act 1983

A

Except, for some lawful, proper or sufficient purpose

Carries OR is in possession of

Firearm OR Airgun OR Pistol OR Prohibted Magazine OR Restricted Weapon OR Explosive

P.R.E.F.A.P.

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18
Q

Section 17

Sale and Supply of Alcohol Act 2012

A

Off Licence

Can:

  • Sell
  • Deliver
  • Arrange for delivery of

Alcohol for consumption off the premises described in the licence

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19
Q

Section 113

Land Transport Act 1998

A
  • Direct a person to give details
  • Inspect a vehicle for safety
  • Move a vehicle blocking a road
  • Direct another person to remove a vehicle from the road
  • Forbid an unlicensed driver from driving
  • Forbid a person from operating a transport service without a licence
  • Direct a person not to cross a road
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20
Q

What does ADVOKATE stand for?

A

Amount of time

Distance from offender/ witnessed offence

Visibility (light/weather)

Obstructions between you and the offender/witnessed offence

Knowledge of the offender/victim (if victim has not come forward)?

Any reason why you can remember the offender/incident?

Time delay between the statement and the incident?

Errors that the witness may have made?

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21
Q

Offensive Behaviour

Summary Offenses Act 1981

Section 5A

A

In a public place or in view of a public place

Behaves in an offensive manner

Behaves in a manner that arouses feelings of anger, resentment or disgust that causes a disturbance to public order.

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22
Q

Section 122

Land Transport Act 1998

A

You can impound a vehicle for 12 hours if it is in the interest of public safety. This period may be extended for another 12 hours if nothing has changed.

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23
Q

Assault

Crimes Act 1961 Section 196 or Summary Offences Act 1981

Section 9

A

Assaults

Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly, OR threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

Another person

It has to be another person other than the offender.

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24
Q

When must a death be investigated?
Coroners Act

A

SCUMBIE

Suicide

Cause Unknown

Unatural / Violent

Medical (such as a death during surgery)

Births

Institutions (such as a person under arrest)

Enactment (people in mental hospitals)

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25
**What are the five situations when you may conduct a breath test?** Section 68 Land Transport Act 1998
1. Random - Any driver of a motor vehicle on any road 2. Any person attempting to drive a motor vehicle 3. Any person you have **good cause to suspect** has recently committed an offence against road safety provisions of the land transport act that involves the driving of a motor vehicle 4. A driver of a motor vehicle involved in a motor accident 5. Where the driver is not known after an accident
26
**Section 8** Search and Surveillance Act 2012
If you **suspect** that a person has committed an imprisonable offence and **believe** that the person is in a place and vehicle and **believe** that if entry is not effected immediately that person may avoid arrest or CADD of evidence relating to the offence may occur. You may enter that vehicle or place without a warrant.
27
**Section 42** Oranga Tamariki Act
A critical requirement to remove a child. No warrant is required.
28
**What happens when a bound person breaches their PSO?**
They are _detained_ for up to 24 hours so that they may be taken to court
29
**Being Found on Property without Reasonable Excuse (Building)** Summary Offences Act 1981 Section 29(1)(a)
**Found** Discovered, seen, or come upon **Without reasonable excuse** *No lawful, genuine or reasonable excuse* **In OR on** *Physically inside of or on* **Any building** *A structure, permanent or temporary*
30
**Section 123** Search and Surveillance Act
Seizing items in plain view. Can only be done if you are already exercising a Search Power, conducting a lawful search of a person or if you are in any place or vehicle lawfully. You need **RGTB** that seized that item under any search warrant you could have obtained or any other search power you may exercise.
31
**Trespass after previous warnings** Trespass Act 1980 Section 4(4) & 11(2)(a)
**Being a person who has been warned under Section 4 to stay off any place** *A person who has been issued with a warning, either verbally or in writing, to stay off a property.* **Wilfully trespasses on that place** *The offender intentionally, deliberately, without mistake, returns to the premises.* **Within two years** *Within two years after the giving of the warning*.
32
**Section 118** Land Transport Act 1998
Obtain information on the driver of the vehicle from the owner of the vehicle.
33
**Unlawful Possession of Prohibited Firearm** Section 50A Arms Act 1983
**In possession of** **A prohibited firearm** **Not authorised or permitted to be in possession by the Act**
34
**Being found on Property without Reasonable Excuse** Summary Offences Act 1981 Section 29(1)(b)
**Found** **Without reasonable excuse** **In** **Any enclosed yard or other such area**
35
**Section 9** Search & Surveillance Act 2012
Searching a vehicle if you believe that someone inside it is unlawfully at large
36
**Indecent Assault** Crimes Act 1961 Section 135
**Indecently Assaults** **Another Person**
37
**Section 48** Oranga Tamariki Act 1989
Ability to take CYP home if circumstances cause you to suspect that something bad is going to happen if they stay out.
38
**Resisting Police** Summary Offences Act 1981 Section 23(a)
**Resists** **OR Incites or encourages any other person to resist** ## Footnote *Requires some degree of force by the offender. Urge or persuade any other person to use some degree of force.* **Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty** *The person must have been lawfully exercising their powers.*
39
**Excreting in Public Place** Summary Offences Act 1981 Section 32(1)
**Urinates or Defecates** *Pisses or shits* **In any public place other than a lavatory** * May only be arrested if you see them and they refuse to give their name and address. * If they can prove that they reasonably believed they couldn't be seen by anyone this is an excuse
40
**Trespass after Warning to Leave** Tresspass Act 1980 Section 3
**Tresspasses** **On any place** **After being warned to leave that place by the occupier of that place** **Neglects or Refuses to do so**
41
What 4 things must be explained to the bound and protected persons when issuing a PSO?
**P**urpose of the PSO **E**ffects of the PSO **C**onsequences of breaching the PSO **D**uration of the PSO
42
**Section 18** Search and Surveillance Act 2012
Warrantless search of someone you have **RGTS** is carrying arms and is any of the following: * In breach of Arms Act 1983 * Incapable of having proper control of the arms as a result of mental or physical condition * Has a PSO against them
43
**Presenting Firearm** Section 52(1) Arms Act 1983
**Except for some lawful and sufficient purpose** **Presents** **Firearm _OR_ Air gun _OR_ Pistol _OR_ Restricted Weapon** **At any other person**
44
**Dishonestly _Uses_ Motor Vehicle** S226 Crimes Act 1961
**Dishonestly** **Without Claim of Right** **Uses** **For any persons purposes** **Any vehicle or part of any vehicle, ship, aircraft or horse**
45
**Display of Licence and Signs** Sale and Supply of Alcohol Act 2012
1. The licence must be displayed at all times and near the main entrance 2. Manager's identity must be prominently displayed
46
**Section 169** Search and Surveillance Act
Reporting: * **S7** * **S8** * **S83** * **S84** * **​S29**
47
**Obstruction** Summary Offences Act 1981 Section 23(a)
**Intentionally obstructs or incites or encourages any other person to obstruct** *Deliberately makes it more difficult* **Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty** *The obstructed officer needed to have been exercising lawful powers.*
48
Section 14 Sale and Supply of Alcohol Act 2012
**On-Licence** * Sell * Supply * Allow consumption of Alcohol **on the premises** or conveyance described in the licence
49
**Section 131** Search and Surveillance Act 2012
Reason Act Intent to make entry Your Name
50
**Section 116** Land Transport Act 1998
Powers of arrest
51
**Robbery** Section 234 Crimes Act 1961
**Theft** *Meet the elements of theft* **Accompanied by violence or accompanied by threats of violence** *Violence before or at the time of the theft, including any struggle over the property.* **To any person or to any property** *Threatening to hurt the person other than the victim or damage property counts* **Used to extort the property stolen or to prevent or overcome resistance to the property being stolen**
52
Who can approve a PSO? Who can approve a PSO aimed at a 16/17 year old?
**SGT+** **SSGT+**
53
**Section 121** Search and Surveillance Act 2012
Stopping a vehicle to support and other section of S&S Act 2012
54
**Section 7** Search and Surveillance Act 2012
The ability to enter a property if you **Suspect** that a person is unlawfully at large (is a prisoner/someone who has escaped custody) and **believe** that they are on that property
55
**Section 114** Land Transport Act 1998
Stop any vehicle IOT check driver's details.
56
**Section 121** Land Transport Act 1998
If someone is unable to drive a vehicle due to a physical or mental condition or fail a CIT test, a constable may: * **Forbid** Someone from driving * **All** Key's Surrendered * **Render** vehicle immobile * **Move** * **EBA** offenders forbidden from driving for 12 hours * **Direct** a person to drive to a specific place to rest
57
**Wilful Damage - Sets Fire to** Summary Offences Act 1981 Section 11(1)b)
**Intentionally** *A deliberate OR reckless act [where the possible consequences are foreseen but continues the act regardless of the risk], without lawful justification, excuse or claim of right.* **Sets fire to** *Damages through use of fire.* **Any tree or vegetation** **Any growing plant.**
58
**Section 22** ## Footnote Sale and Supply of Alcohol Act 2012
**Special Licence** 1. **On Site**: Sell or Supply alcohol for consumption **on site** to any person attending events described in the licence 2. **Off Site:** Sell alcohol for consumption elsewhere
59
What is the penalty for a licensee breaching liqour trading hours?
$20,000 fine 7 days suspension
60
**What is the maximum duration of a PSO?**
10 days
61
**Section 95** Land Transport Act 1998
Suspending a license for 28 days: * Over 650mcg per litre of breath or 130mgm per 100ml blood. * Over 400mcg per litre of breath or 80mgm per 100ml blood if convicted of relevant offence in the last four years. * Person refused blood test * Person drove faster than 40kmph over limit in permanently posted speed area * Person drove faster than 50 kmph over limit in temp posted speed area
62
**Theft - Takes** Crimes Act 1961 Section 219(1)a) & 223(b) or 223(c) of 223(d)
**Dishonestly** *Without a belief that there was consent or authority from the owner.* **Without claim of right** *No belief in a right to own or possess the property.* **Takes** *Physically moves the property.* **Any Property** *Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.* **With intent to deprive any owner permanently of that property or any interest in that property** *An intent to deprive the owner permanently of the property any share that they have in that property.*
63
**Section 85** Search and Surveillance Act 2012
Searching an arrested or detained person for carrying anything that can: * harm * be used in escape
64
**Aggravated Robbery** Section 235 Crimes Act 1961
**A person robs any other person** *Fulfills the elements of robbey* **And, at the time of the robbery, causes grievious bodily harm to any person** **Or being together with any other person or persons** **Or armed with an offensive weapon or instrument (which includes a firearm)**
65
**Section 119** Land Transport Act 1998
Power to enter a property after freshly pursuing someone.
66
**Indecent Act with Intent to Insult or Offend** Crimes Act 1961 Section 126
**With Intent to insult or offend any person** **Does any indecent act** **In any place**
67
**Section 39** Oranga Tamariki Act 1989
Powers to remove CYP. This does not require a the family to be in court.
68
**Section 28** Search and Survellance Act 2012
If you have reasonable grounds to **suspect** that a person travelling in the vehicle or who has exited that vehicle is carrying an offensive weapon, and **suspect** that the weapon is in that vehicle. You may search the vehicle
69
**PEACE Format**
**P**reperation and planning **E**ngage and explain **A**ccount, clarify and challenge **C**losure **E**valuation
70
Possession of an Offensive Weapon (public place) S204A(4)(a)
**Without lawful authority or reasonable excuse** **Has with him or her** **In any public place** **Any knife OR Any offensive weapon OR Any d Disabling substance**
71
**When is someone a party to an offence?**
_**I C**ould **Procure AA**s_ **I***ncites* **C***ounsel*s **P***rocures* **A***ides* **A***bets*
72
**Section 214** Crimes Act 1961
No Child or Young Person is to be arrested unless: * **W**itnesses would intimidated * **E**vidence would be destroyed * **E**nforce a court appearance * **P**revention of further offences
73
**Section 40** Arms Act 1983
1. You may request the Name, Address and D.O.B for any firearm holder 2. If they refuse to supply these particulars, you may arrest them after cautioning them
74
Unlawfully Carrying or Possessing Firearm in Public Place Section 50D Arms Act 1983
Without lawful purpose Carries OR In possession of A prohibited firearm In a public place
75
**Section 88** Search and Surveillance Act 2012
*You may search someone who has been arrested or detained for evidential material if you have **RGTB** that they have evidential material on them that relates to the offence for which they have been detained/arrested.*
76
**Section 84** Search and Surveillance Act
Entry and search of a vehicle following an offence - if you have reasonable grounds to **believe** that evidential material is in that vehicle.
77
**Unlawfully Takes Vehicle** S226 Crimes Act 1961
**Dishonestly** *As per theft* **Without Claim of Right** *As per theft* **But not so as to be guily of theft** *Lacks the intent to permanently deprive the owner permanently of the property* **Takes** *As per theft* **For any persons purposes** **Any vehicle or part of any vehicle, ship, aircraft or horse**
78
**Section 21** Sale and Supply of Alcohol Act 2012
**Club Licence** * Sell * Supply Alcohol for consumption **on the premises** described in the licence to any: * Member of the club * Guest accompanied by a member of the club * Member of another club with visiting rights
79
**Assualt with a weapon** Crimes Act 1961 Section 202C (1)a) or 202 C(1)b)
**Assaults** *Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly, OR threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.* **Another person** *It has to be another person other than the offender.* **Using anything as a weapon OR having anything with him or her in circumstances that prima facie show an intention to use it as a weapon** *An object of some sort, whether animate or inanimate, must be used as a weapon. An object of some sort, whether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.*
80
**Section 123** Land Transport Act 1998
Seize a car for 7 days for forensic inspection if: * Involved in a hit and run offence * The driver failed to stop IAW S114
81
**Section 115** Land Transport Act 1998
Green or Pink Sticker vehicles
82
**Offensive Behaviour** **(Disorderly)** Summary Offences Act 1981 Section 4(1)(a)
**In a public place or in view of a public place** **Behaves in a disorderly manner** *That causes disruption to public order.*
83
Possession of an offensive weapon (any place) Section 204A(4)(b)
**Has in his or her possession** **In any place** **Any offensive weapon OR Any disabling substance** **In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence**
84
**Fighting in a public place** Summary Offences Act 1981 Section 7
**Fights** *Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants* **In a public place** *A place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place*
85
**Rights Caution**
You have been arrested / detain for ..... **or** I am speaking to you about.... * You have the right to remain silent * You do not have to make any statement * Anything you say will be recorded and may be given in evidence in court * You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions. * Police have a list of lawyers you may speak to for free.
86
**Dishonestly Interferes with a Motor Vehicle**
**Dishonestly** **Without claim of right** **Interferes with** **Any vehicle, or part of a vehicle or ship or aircraft**
87
88
**Rights caution for an EBA who is accompanying you to a police station?**
* You have the right to remain silent and do not have to make any statement * Anything you say will be recorded and may be given in evidence in court. * You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions * Police have a list of lawyers you may speak to for free * **These rights will continue throughout the breath or blood alcohol testing procedures** * **If you wish to speak to a lawyer, a telephone will be made available to you for that purpose as soon as practicable.** * **You will be allowed a reasonable time to consult and instruct a lawyer from the time a telephone is made availible to you.**
89
**Section 125** Search and Surveillance Act 2012
* Reason for the search * Act Name * Your Name / QID
90
**Section 17** Search and Surveillance Act 2012
You may enter a vehicle without warrant if you **_believe_** that evidential material relating to an offence punishable by 14 years in prison is inside.
91
Section 39 of the crimes act enables?
Gives a constable or other person the power to use force in making an arrest. Reasonable force includes force that is necessary and proportionate, given all the circumstances known at the time.
92
**Section 85** Search and Surveillance Act 2012
*Rub Down search of people who are arrested or detained in order to find items that may cause harm or aid in escape.*
93
**Unlawfully Carrying of Imitation Firearm** Section 46(1) Arms Act 1983
**Except for some lawful, proper and sufficient purpose** **Carries** **An imitation firearm**
94
**Section 14** Search and Surveillance Act 2012
Grants any constable warrantless entry if they **suspect** there is an emergency or crime in process that would injure any person or cause serious damage to any property.
95
**What do you say when you need to detain someone for an Evidential Breath Test?**
I now require you to accompany me to the XXXXX Police Station [or other such place] for the purpose of an evidential breath test, blood test or both.
96
**Types of Proximate?**
**_ULTIMATE_** In the Act **_PENTULTIMATE_** One step away from the ultimate **_ANTIPENTULTIMATE_** Two steps away from the ultimate
97
What is the paramount principle of the Oranga Tamariki Act 1989?
The welfare and best interests of the child or young person shall be the first and paramount consideration
98
**Minor Drinking in a Public Place** Section 38(3)(a) Summary Offences Act 1981
1. **Minor** 2. **Drinks** 3. **Alcohol** 4. **In a public Place** 5. **While not accompanied by his or her parent or legal guardian**
99
**Receiving** Section 246 Crimes Act 1961
**Receiving** **Any property stolen or any property obtained by any other imprisonable offence** **Knowing that property to have been stolen or so obtained or being reckless as to whether the property had been stolen or so obtained**
100
What lawful reasons can minors have for being within a restricted place within an ON LICENSE
Doing work that does not include the sale of alcohol, such as cleaning, repairing doing stocktaking or preparing meals
101
**Alcohol Offences on Public Transport** Section 38(1) Summary Offences Act 1981
**Any Person** **Drinks** **Or supplies or offers to supply** **Or has possesion for consumption therein** **Alcohol** **In or on Public Transport**
102
**Dischargin without Reasonable Cause** Section 48(a) OR Section 48(b) Arms Act 1983
**Without Reasonable Cause** **Discharges** **Firearm _OR_ Airgun _OR_ Pistol _OR_ Restricted weapon** **In or near a dwelling house _OR_ in or near a public place** **So as to endanger property _OR_ so as to endager any person _OR_ so as to annoy any person _OR_ so as to frighten any person**
103
**Section 11** Search and Surveillance Act 2012
Warrantless search of a person in police custody
104
**Presenting Anything** Section 52(2) Arms Act 1983
**Except for some lawful and sufficient purpose** **Presents** **At any other person** **Anything** **In the circumstances, is likely to lead that person to believe that it is a Firearm OR Airgun OR Pistol OR Restricted weapon**
105
**What Information are Victims Entitled to under Section 12 Victim Rights Act 2012?**
**Progress** of the investigation **Role** of the victim **Outcome** of the prosecution **Charges** laid or reasons for charges not being laid ***_P.R.O.C_***
106
**Section 83** Search and Surveillance Act 2012
Enter a place after an arrest if you **believe** that evidential material is on that place
107
**Disorderly Behaviour (Likely to Cause Violence)** Summary Offences Act 1981 Section 3
**In a public place or within view of a public place** **Behaves in or invites or encourages any person to behave in** **A riotous or offensive or threatening or insulting or disorderly manner** **That is likely, in the circumstances, to cause violence against persons or property to start or continue**
108
**EBA order of tests**
1. Passive 2. Breath Screening Test 3. Evidential Breath Test and or 1. Blood Test
109
EBA Rules for taking blood from a hospitalised person?
A person in medical care cannot object
110
111
112
113
114
115