Summative 1

Question 1

What are the SAPOL organisational values?

Answer 1

Service
Integrity
Courage
Leadership
Collaboration
Respect

Question 2

Describe the Self test

Answer 2

Scrutiny - decisions must withstand scrutiny by the community, courts, colleagues, SAPOL, the media, the Police ombudsman, or other relevant parties

Ethical - is your decision Ethical and in compliance with SAPOL policies, practices and procedures.

Lawful - is your decision lawful having regard to the law, regulations and SAPOL instructions?

Fair - Is your decision Fair on the community, SAPOL, your colleagues, your family, yourself and others.

Question 3

74AB—Questions as to identity of drivers etc

Answer 3

74AB—Questions as to identity of drivers etc

    (1)         A police officer may ask a person questions for the purpose of obtaining information that may lead to the identification of the person who was driving, or was the owner of, a vehicle on a particular occasion or at a particular time

Question 4

40V—Direction to give name and other personal details

Answer 4

(1) In this section— personal details, in relation to a person, means—
(a) the person’s full name; and
(b) the person’s date of birth; and
(c) the address of where the person is living; and
(d) the address of where the person usually lives; and
(e) the person’s business address.

Question 5

Police caution

Answer 5

I am now going to ask you some further questions. You are not obliged to answer them, but anything you do say may be given in evidence.
Do you understand?

Question 6

What is the SAPOL safety philosophy

Answer 6

South Australia police aim to safely manage all police operations

Question 7

10 Principles of SAPOL operations

Answer 7

1.plan
2. Safety
3. Take charge
4. Appreciations
5. Risk Assessment
6. Briefing
7. Cordon and containment
8. Reduce confrontation
9. Avoid force
10. Resources

Question 8

What format should briefings be give in

Answer 8

SMEAC

Situation
Mission
Execution
Admin and logistics
Command and control

Question 9

12 code of conduct statements

Answer 9

1. Be responsible for the proper use of treatment of any property, equipment or assets in their care or custody.
2. Act with honesty and integrity
3. Take such action as is necessary and reasonable with respect to other members of SAPOL who fail to meet expectations
4. Maintain confidentiality of any information obtained in the course of police duties
5. Act within powers and authorities given to them by law and in accordance with SAPOL policies and procedures
6. Not improperly obtain, or seek to obtain, a benefit or advantage
7. Carry out duties promptly and be receptive and responsive to lawful orders and instructions
8. Avoid and report any possible conflicts of interest
9. Respect diversity within the community and workplace by recognizing that all people are entitled to courtesy, fair and equal treatment
10. Conduct themselves in a professional manner
11. Avoid any conduct when interstate or overseas that is likely to bring discredit upon SAPOL
12. Perform duties in a diligent and competent manner

Question 10

Core functions of SAPOL

Answer 10

CRAP UP Acronym

CRAPUP
C – coordinate and manage responses to emergency incidents
R – regulate rode use and prevent vehicle collisions
A – assist the public in emergency situations
P – prevent crime
U – uphold the law
P – Preserve the peace

Question 11

Ages of responsibility

Answer 11

0-10 yrs Irrebuttable presumption of innocence
10-14 yrs Rebuttable presumption, doli incapax
14-18 yrs presumed to possess sufficient judgement

Question 12

Actus Reus

Answer 12

Actus reas
The guilty act or the omission of the physical element of the crime. Must be proven along with mens rae

Question 13

Mens Rea

Answer 13

Mental element of the offence, offender has a state of mind towards his or her own conduct. A guilty mind.

Mens rae
The mental element of the offence or the guilty mind the intention or desire for the offence to occur.

Question 14

When to Caution

Answer 14

A caution shall be given when a member of the police force has REASONABLE CAUSE TO SUSPECT that a person has committed an offence.

Question 15

Facts in issue

Answer 15

Evidence is required to be presented to the courts to prove or disprove the facts in issue.
These are the centrally important facts that must be proven by the party alleging them.
Elements of the offence.

Question 16

Define Hearsay evidence?

Answer 16

Evidence not perceived through one of five senses, evidence perceived through someone else, is unable to be tested.

Exceptions and it can be used in admissions, confessions, dying declarations, initial/recent complaint

Question 17

define opinion evidence?

Answer 17

Generally, the opinion of a witness is not admissible unless the witness is an expert in the field on which the opinion is given. A doctor may be able to give an opinion on whether a particular blow may have caused the death of a person, while a non-medical witness cannot give such an opinion as evidence.
Lay persons can give evidence about on those things for which the experience of everyday life is sufficient, such as the weather, age and general identity.

Question 18

Define Character evidence

Answer 18

Character: By virtue of S.18(vi) of the Evidence Act the prosecution can introduce evidence of the defendant’s character either when prosecution witnesses have been asked questions by the defence in an attempt to show the defendant is of good character, when the defence have given evidence of the defendant’s good character or where the nature and conduct of the defence is such as to involve imputations on the character of the prosecutor or a witness for the prosecution.

The character of the defendant can also be challenged by the prosecution where the defendant has given evidence against another person charged with the same offence (accomplice).

A person’s character can be defined in three ways: general reputation, disposition and inferences.

General reputation—refers to the opinions of a person’s qualities, widely held by those who know the particular person and each other.

Disposition—refers to a person’s regular and usual behaviour: a person’s outlook and habits such as honest, cruel, weak.

Inferences—about a person’s traits can be drawn from particular actions done or committed by the person. For example, where a person has previous convictions for larceny it could be inferred that the person is a thief. The exception to this is when you must prove that the defendant is a particular type of person in order to prove a particular offence. To do this it is necessary to give evidence of the person’s known character and criminal history.

Question 19

What is the Burden of Proof for the police prosecution

Answer 19

Beyond reasonable doubt

Question 20

What is the burden of proof for defence and/or intervention orders?

Answer 20

Balance of Probabilities

Question 21

Define Beyond reasonable doubt?

Answer 21

Beyond Reasonable Doubt
Does not mean proof beyond shadow of a doubt or to a certainty. Upon completing of court where a court cannot decide without having reasonable doubt of the facts then the accused must be acquitted.

Question 22

Describe the Balance of Probabilities in relation to the defendant?

Answer 22

In court the defendant has no burden of proof unless statute dictates otherwise. When statute dictates the defendant to prove then the burden of proof is on the balance of probabilities.

Question 23

Define Intention?

Answer 23

Intention: Intention is to have in mind a particular purpose and to desire and foresee that the consequences occur as a result of the conduct

Question 24

Define Recklessness

Answer 24

Recklessness: Foresees the probability that the event will occur, but does not particularly desire it to occur.
Does not care whether it happens or not

Question 25

Define Negligence

Answer 25

Negligent: Fails to comply with a standard of conduct or fails to foresee the consequence of their actions where any other reasonable person would.

Question 26

What are the classifications of offences

Answer 26

(1) Offences are divided into the following classes: (a) summary offences; (b) indictable offences—comprising minor indictable offences and major indictable offences.

Question 27

What is a Summary Offence?

Answer 27

Summary - offences not punishable by imprisonment and having a maximum fine of less than $120 000; - having a maximum imprisonment of two years; - including most dishonesty offences involving $2 500 or less (even if the maximum imprisonment is more than two years), but not including robbery, or offences of violence, or an offence that is one of a series of offences of the same or a similar character involving more than $2 500 in aggregate; and Also not including offences of arson or causing a bushfire

Question 28

What is a Minor indictable offence?

Answer 28

-Imprisonment not exceeding 5 years but more than 2 years. -Property damage more than $2500 but not exceeding $30000 including arson. - Recklessly cause harm to another. Indecent assault where victim is 14yrs or over. Theft/deception offences more than $2500 but not exceeding $30000 (not robbery or offence of violence) and basic non-aggravated SCR $30000 or less.

Question 29

What is a Major indictable Offence

Answer 29

The remainder. Imprisonment over 5 years and damage/theft exceeding $30,000.

Question 30

What intrusive forensic procedure

Answer 30

(a) a forensic procedure that involves exposure of, or contact with, the genital or anal area, the buttocks or the breast region of a female person or a transgender or intersex person who identifies as female; or (b) the taking of a dental impression; or (c) the taking of a sample of blood, but does not include a simple identity procedure;

Question 31

simple forensic procedure

Answer 31

simple forensic procedure means a forensic procedure consisting of 1 or more of the following: (a) a simple identity procedure; (b) a gunshot residue procedure; (c) a forensic procedure prescribed by regulation for the purposes of this definition;

Question 31

simple identity procedure

Answer 31

simple identity procedure means a forensic procedure consisting of 1 or more of the following: (a) the taking of prints of the hands or fingers of a person; (b) the taking of forensic material from a person by buccal swab or finger-prick for the purpose of obtaining a DNA profile of the person;

Question 31

serious offence in relation to SIP/CLFPA

Answer 31

serious offence means— (a) an indictable offence; or (b) a summary offence that is punishable by imprisonment;

Question 32

RTA s40V (1) - definition of personal details for this section

Answer 32

40V—Direction to give name and other personal details (1)In this section— personal details, in relation to a person, means— (a) the person's full name; and (b) the person's date of birth; and (c) the address of where the person is living; and (d) the address of where the person usually lives; and (e) the person's business address.

Question 33

RTA s40V (2) - Direction to give name & other personal details

Answer 33

(2) If an authorised officer suspects on reasonable grounds that a natural person whose personal details are unknown to the officer— (a) is or may be a responsible person; or (b) has committed or is committing or is about to commit an Australian road law offence; or (c) may be able to assist in the investigation of an Australian road law offence or a suspected Australian road law offence; or (d) is or may be the driver or other person in charge of a vehicle that has been or may have been involved in an accident, the officer may direct the person to give the officer then and there any or all of the person's personal details.

Question 34

ARR Rule 304 - Directions by police office/other authorised person

Answer 34

304—Direction by a police officer or authorised person (1) A person must obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer or authorised person, whether or not the person may contravene another provision of the Australian Road Rules by obeying the direction.

Question 35

RTA s145 (1a, 1b, 2) - defects

Answer 35

(1a) An authorised officer may direct the driver of a vehicle to stop the vehicle and may examine the vehicle if the vehicle has deficiencies or the officer suspects on reasonable grounds that the vehicle has deficiencies. (1b) Despite subsection (1a), an authorised officer may direct the driver of a vehicle of a prescribed class to stop the vehicle and may examine the vehicle for the purposes of determining whether the vehicle has deficiencies (whether or not there is reason to suspect that the vehicle has deficiencies). (2) If an authorised officer suspects on reasonable grounds that a vehicle has deficiencies, the officer may direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a specified time and place.

Question 36

RTA s43(1) - duty to stop, give assistance & present to police where person killed or injured

Answer 36

(1) The driver of a vehicle involved in an accident in which a person is killed or injured must— (a) immediately after the accident— (i) stop the vehicle; and (ii) give all possible assistance; and (b) not more than 90 minutes after the accident, present themself to a police officer at the scene of the accident or at a police station for the purpose of providing particulars of the accident and submitting to any requirement to undergo a test relating to the presence of alcohol or a drug in the driver's blood or oral fluid.

Question 37

ARR rule 287 - duties of drivers

Answer 37

(1) A driver involved in a crash must comply with this rule. Offence provision. (2) The driver must stop at the scene of the crash and give the driver's required particulars, within the required time and, if practicable, at the scene of the crash, to— (a) any other driver (or that driver's representative) involved in the crash; and (b) any other person involved in the crash who is injured, or the person's representative; and (c) the owner of any property (including any vehicle) damaged in the crash (or the owner's representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver's representative). (3) The driver must also give the driver's required particulars, within the required time, to a police officer if— (a) anyone is killed or injured in the crash; or (b) the driver does not, for any reason, give the driver's required particulars to each person mentioned in subrule (2); or (c) the required particulars for any other driver involved in the crash are not given to the driver; or (d) a vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported); or (e) the crash is required to be reported to a police officer under another law of this jurisdiction. (4) For this rule— required particulars, for a driver involved in a crash, means— (a) the driver's name and address; and (b) the name and address of the owner of the driver's vehicle; and (c) the vehicle's registration number (if any); and (d) any other information necessary to identify the vehicle, and, for subrule (3), includes any other information required to be given to a police officer about the crash under another law of this jurisdiction.

Question 38

Definition of a serious vehicle collision

Answer 38

A serious vehicle collision is a fatal crash, or one that results in serious harm. To guide members in the interpretation of the ‘seriousness’ of the injuries that are sustained in a crash, section 21 of the Criminal Law Consolidation Act 1935 defines serious harm as follows: a. harm that endangers a person’s life; or b. harm that consists of, or results in, serious and protracted impairment of a physical or mental function; or c. harm that consists of, or results in, serious disfigurement.

Question 39

Required time to report collision

Answer 39

Section 43 Road Traffic Act – Duty to stop, give assistance and present to police where a person is killed or injured. 1. (b) not more than 90 minutes after the accident, present himself or herself to a police officer at the scene of the accident or at a police station for the purpose of providing particulars of the accident and submitting to any requirement to undergo a test relating to the presence of alcohol or a drug in his or her blood or oral fluid. Required time for a driver involved in a crash, means as soon as possible but, except in exceptional circumstances within the 24 hours after the crash.