TOPIC 12

Question 1

What is the definition of a public place according to the Summary Offences Act 1988 (NSW)?

Answer 1

Defined in s 3 of the Summary Offences Act 1988 (NSW)

A public place is generally understood as any place accessible to the public.

Question 2

What constitutes offensive conduct under the Summary Offences Act 1988 (NSW)?

Answer 2

Conduct that is offensive in manner, in or near, or within view or hearing from a public place or a school

Refer to s 4 of the Summary Offences Act 1988 (NSW)

Question 3

What is the difference between offensive language and offensive conduct?

Answer 3

Offensive language involves ‘words alone’, while offensive conduct can involve both words and actions

A person cannot be charged with both offences for the same incident.

Question 4

What are the elements of offensive language under the Summary Offences Act 1988 (NSW)?

Answer 4

The accused used offensive language in or near, or within hearing from, a public place or a school

Refer to s 4A(1) of the Summary Offences Act 1988 (NSW)

Question 5

What is obscene exposure as defined in the Summary Offences Act 1988 (NSW)?

Answer 5

Wilful and obscene exposure of a person’s genitals

Requires intent and deliberate action by the offender.

Question 6

What is the ‘Subjective Test’ in determining offensive conduct?

Answer 6

The opinion of the police officer regarding whether the language or conduct is offensive

This test is from the perspective of the officer.

Question 7

What is the ‘Objective Test’ in legal terms?

Answer 7

The opinion of a reasonable third person on whether the language or conduct is offensive

Known as the Reasonable Third Person Test.

Question 8

What are the proximate causes of crime?

Answer 8

Factors that immediately precede criminal behaviour, such as association with delinquent peers

Example: Shop stealing during school holidays.

Question 9

What are distal causes of crime?

Answer 9

Factors that are more remote, such as economic stress in childhood

These causes are less direct than proximate causes.

Question 10

Under what conditions can a police officer give directions in public places according to LEPRA?

Answer 10

If the officer believes the person’s behaviour is obstructing others, causing fear, or related to drug activity

Refer to s 197 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).

Question 11

What are the key purposes for a police officer to issue a direction under s 197 of LEPRA?

Answer 11

Reduce obstruction, harassment, or fear; stop drug supply or solicitation; stop drug purchasing

These purposes are outlined in s 197 of LEPRA.

Question 12

What does s 198 of LEPRA address?

Answer 12

Move on directions to intoxicated persons in public places

It covers intoxication from alcohol and/or drugs.

Question 13

What constitutes a reasonable excuse for custody of a knife in public places or schools?

Answer 13

Lawful occupation, education, food preparation, lawful entertainment, or religious purposes

Refer to s 93IB(3) of the Crimes Act 1900 (NSW).

Question 14

What is considered an offensive implement under the Summary Offences Act 1988 (NSW)?

Answer 14

Anything made or adapted for causing injury or intended to be used to injure or menace a person

Defined in s 11B of the Summary Offences Act 1988 (NSW).

Question 15

What is the penalty for an offence under s 93IB concerning custody of a knife?

Answer 15

Up to four years imprisonment

This is considered a Table 1 indictable offence.

Question 16

What are the elements required for a police officer to search a person?

Answer 16

Reasonable suspicion that the person has a particular item in their custody

The test is both subjective and objective.

Question 17

What does the term ‘wilfully’ mean in the context of obscene exposure?

Answer 17

The act is done deliberately and intentionally, not by accident

Refer to R v. Senior (1899) for legal context.

Question 18

What is the definition of ‘obscene’ in the context of exposure?

Answer 18

Offensive to modesty or decency, indecent, inciting to lust or sexual depravity

This term is crucial for determining lewdness.

Question 19

What does s 11D of the Summary Offences Act 1988 address?

Answer 19

Parents who allow children to carry knives

This section outlines parental responsibility regarding knife custody.

Question 20

What is the maximum duration for a move-on direction issued to an intoxicated person?

Answer 20

Not exceeding 6 hours

This limit is specified in s 198(3) of LEPRA.

Question 21

What does ‘offensive implement’ mean?

Answer 21

Anything made or adapted for use for causing injury to a person, or anything intended to be used to injure or menace a person or damage property.

Relevant to the Summary Offences Act 1988 no 25.

Question 22

What is ‘reasonable suspicion’ in the context of police searches?

Answer 22

The police officer must suspect on reasonable grounds that the person to be searched has a particular thing in their custody as outlined in the specific power being used.

Question 23

What are the components of the T. H. I. S. principle?

Answer 23

• Time and location
• History (e.g., person, location, vehicle)
• Intelligence available (must be current)
• Situation in which the interaction is taking place.

Question 24

What does section 21 of LEPRA authorize?

Answer 24

Power to search persons and seize and detain things without warrant.

Question 25

What is defined as a 'dangerous article' under LEPRA?

Answer 25

* A firearm * A prohibited weapon * A spear gun * An article capable of discharging irritants or harmful substances * A fuse for explosives * A detonator.

Question 26

What does 'dangerous implement' include?

Answer 26

* A dangerous article * A knife * Any implement made or adapted for causing injury * Anything intended to injure or menace a person or damage property * A laser pointer.

Question 27

What is the purpose of a strip search?

Answer 27

To conduct a search that may involve the removal of clothing to allow visual examination.

Question 28

True or False: Police officers must provide information when exercising their powers.

Answer 28

True.

Question 29

What should police do if a person fails to cooperate during a search?

Answer 29

Failure to cooperate may lead to an offence.

Question 30

Fill in the blank: The power to search for dangerous implements without a warrant is outlined in section ______ of LEPRA.

Answer 30

23.

Question 31

What is the least restrictive form of sanction in policing according to the Young Offenders Act 1997?

Answer 31

Arrest is a last resort.

Question 32

What are Criminal Infringement Notices (CINs) used for?

Answer 32

To provide an alternative legal process to arrest for specific minor offences.

Question 33

List some offences that can lead to the issuance of a Criminal Infringement Notice (CIN):

Answer 33

* Larceny under $300 * Offensive conduct * Offensive language * Possess prohibited drug.

Question 34

What criteria must be met to issue a Field Court Attendance Notice (FCAN)?

Answer 34

* The offence will not continue * Identity must be established * Offender's appearance in court is expected * No further investigation required.

Question 35

What is a Future Service Court Attendance Notice (FSCAN)?

Answer 35

A document issued when an FCAN cannot be issued at the time of the offence.

Question 36

What must police do when they arrest a person according to the Evidence Act 1995?

Answer 36

Caution the person.

Question 37

What does 'resisting police' mean under the Crimes Act 1900?

Answer 37

Opposing by force.

Question 38

Fill in the blank: A police officer can request proof of identity under section ______ of LEPRA.

Answer 38

19.

Question 39

What does section 34 of LEPRA state about strip searches?

Answer 39

No strip searches of children under 10 years.

Question 40

What is the role of section 203 of LEPRA?

Answer 40

Police officers must give warnings when making directions or requests that must be complied with.

Question 41

What is the definition of 'hindering' in the context of police actions?

Answer 41

Rendering an action more difficult to carry out but not impossible.

Question 42

What must police do when conducting a search under LEPRA?

Answer 42

Make a contemporaneous record of the search.

Question 43

What is the age requirement for serving an FSCAN to another person?

Answer 43

Over the age of 16 years

Question 44

Where can an FSCAN be served?

Answer 44

At the residential or business address of the accused, or to a correctional centre

Question 45

According to the Evidence Act 1995 (NSW) s 139, when must a person be cautioned?

Answer 45

When they are arrested or when their freedom to leave is restricted

Question 46

What does 'arrest' include according to the Evidence Act 1995 (NSW)?

Answer 46

Detention where a person is not free to leave or when they believe they are not free to leave

Question 47

What must a police officer believe to caution a person?

Answer 47

There is sufficient evidence to establish they have committed the offence being questioned

Question 48

What is the relevant legislation for custody of knives in public places?

Answer 48

Crimes Act 1900 (NSW) s 93IB

Question 49

What does the Drug Misuse and Trafficking Act (1985) s 10 address?

Answer 49

Possession of prohibited drugs

Question 50

What is the power granted by Law Enforcement (Powers and Responsibilities) Act (LEPRA) 2002 s 21?

Answer 50

Power to search persons and seize and detain things without warrant

Question 51

What does LEPRA s 23 allow police officers to do?

Answer 51

Search persons for dangerous implements without warrant in public places and schools

Question 52

What is the focus of LEPRA s 32?

Answer 52

Preservation of privacy and dignity during search

Question 53

What is prohibited by Summary Offences Act 1988 (NSW) s 4A?

Answer 53

Use of offensive language

Question 54

What section of the Crimes Act 1900 (NSW) defines 'using or carrying knives in public places'?

Answer 54

s 93IC

Question 55

Fill in the blank: The three c’s refer to _______.

Answer 55

[key learning term]

Question 56

What does LEPRA s 231 address?

Answer 56

Use of force in making an arrest

Question 57

What is the purpose of LEPRA s 30?

Answer 57

Searches generally

Question 58

What does LEPRA s 31 pertain to?

Answer 58

Strip searches

Question 59

What does LEPRA s 202 require from police officers when exercising powers?

Answer 59

Provide information

Question 60

What does LEPRA s 203 mandate when giving directions, requirements, or requests?

Answer 60

Police officers must give warnings

Question 61

What is addressed in Summary Offences Act 1988 (NSW) s 11B?

Answer 61

Custody of offensive implement

Question 62

What does s 11D of the Summary Offences Act address?

Answer 62

Parents who allow children to carry knives

Question 63

What does s 11F of the Summary Offences Act regulate?

Answer 63

Sale of knives to children