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ADPP > Topic 12 Street Offences > Flashcards

Topic 12 Street Offences Flashcards

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1
Q

What is s197 LEPRA?

A

Directions generally relating to public places
Move on direction
Direction to cease behaviour

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2
Q

What section is the power to give a direction to move on / cease behaviour?

A

s197 LEPRA

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3
Q

Regarding s197 LEPRA, what is relevant conduct? (5)

A

CHOPS
- Causing or likely to cause fear to another person of reasonable firmness
- Harassment or intimidation of another person
- Obstructing traffic or person or persons
- Procuring or purchasing prohibited drugs
- Supplying prohibited drugs

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4
Q

What is the purpose of a s197 move on direction?

A

to cease relevant conduct

to reduce or eliminate CHOPS;
> the obstruction, harassment, intimidation or fear
> stopping the supply or soliciting to supply of drugs
> stopping the obtaining, procuring or purchasing of drugs

may or may not involve a physical move on from the area

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5
Q

What section/number/act can police request ID? What two instances can you require ID? (2)

A

s11 LEPRA Identity may be required to be disclosed
- purposes of issuing a move on direction (with a physical moving on)
- when you suspect on reasonable grounds that someone may be able to assist in an investigation because they were at or near at the time of an indictable offence

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6
Q

Name section/number/act for a failure to comply with ID request.

A

s12 LEPRA Failure to disclose identity

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7
Q

What power can you use when you are not satisfied with an ID you’ve requested?

A

s19 LEPRA Proof of identity

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8
Q

Name section/number/act for failing to comply with a s197 move on direction, explain the points of how a person can fail to comply.

A
  • s199 LEPRA Failure to comply with direction
  • continuing relevant conduct in a public place
  • if their presence is the reason you issued a physical move on and they fail to move, it will be an offence if their conduct still constitutes CHOPS
  • If you give a direction to cease and physically move on, but they only cease and do not move on, no offence has been committed
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9
Q

Name section/number/act of the power to move on an intoxicated persons

A

s198 LEPRA Move on to intoxicated persons in public place

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10
Q

What is the purpose of the power s198 LEPRA? (2)

A

Prevent injury or property damage or reduce or eliminate risk to public safety, or
Preventing the continuance of disorderly behaviour in a public place

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11
Q

What is the max amount of specified time in which an intoxicated person can not return to a public place?

A

6 hours

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12
Q

What is relevant conduct for s198 LEPRA? (2)

A

Likely to cause injury to any other person, damage to property or otherwise give rise to the risk of public safety or
is disorderly

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13
Q

What does s198 LEPRA power do?

A

To issue a move on direction to an intoxicated person who is engaging in behaviour that constitutes relevant conduct, to leave the place and not return to any other public place while still engaging in relevant conduct for a specified time

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14
Q

What is the criteria exhibited by a person, to issue a s198 LEPRA? (3)
Also, what other criteria is needed to issue a s198? (1)

A
  • Noticeably affected
  • likely to cause injury to another person, damage to property, risk to public safety, and/or
  • is disorderly
  • public place or school
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15
Q

What is disorderly?

A

Any substantial breach of decorum which tends to disturb the peace or interferes with the comfort of people

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16
Q

Name the section/number/act of a failure to comply with a s198 direction where the person is found at another public place while still being intoxicated?

A

s9 Summary Offences Act - Continuation of intoxicated and disorderly behaviour following move on direction

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17
Q

Name section/number/act of the power to issue a move on direction to a group?

A

s198A LEPRA

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18
Q

What are the two times you may discontinue arrest? (2)

A
  • If the arrested person is no longer a suspect or reason for arrest is invalid such as s99(1)(b) reason falling off
  • If it is more appropriate to deal with the matter in some other way
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19
Q

What section is the safeguards in which you must provide when using a power and what are they? (3)

A

s202 LEPRA
- Inform reason for power
- Provide name and place of duty
- Evidence you are a police officer

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20
Q

What are the ways you can effect an arrest? (3)

A

Seizing or touching
Submission (the person believes they are not free to leave)
Words or conduct of the police officer

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21
Q

Four occasions for arrest: (4)

A

Offence (s99 LEPRA)
Warrant (s101 LEPRA)
Breach of the Peace (common law)
Specific Power (RBT for breath analysis, s22 etc)

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22
Q

When can the police arrest someone? (7)

A

s99 without a warrant
s99 (2) directed by
s101 warrant
s102 unlawfully at large - no warrant
s103 unlawfully at large - warrant
s104 committed inter-state
breach of the peace

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23
Q

Alternatives to arrest: (6)
The other two ways to commence legal proceedings: (2)

A

No formal action
warning
caution
Penalty notice (CIN, PIN, TIN)
FCAN
FSCAN
Arrest and charge
Bail CAN

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24
Q

What are the two terms that should always be considered before commencing legal proceedings? (2)

A
  • arrest as a last resort
  • least restrictive form of sanction appropriate
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25
The 8 Deadly CINS: (8)
(GOOOPLUC) Goods in custody Offensive language Offensive conduct Obstructing traffic Possess prohibited drugs Larceny under 300 Unauthorized entry vehicle/boat Continuation of intox and disorderly following move on
26
When can you NOT issue a CIN? (9)
(SWAPPCLUD) Serving police officers Where further investigation is required Assault offences Person named in a first instance warrant People seriously intoxicated or drug affected or can't comprehend Continuing offences Lawful demonstrations or protests Under 18 years of age Domestic or family violence
27
Benefits of a CIN? (4)
Alternative legal process to arrest Allow police to deal with suspects on the spot Frees up police time and resources Reduce occurrence of police attending court for minor matters
28
Criteria before issuing a FCAN: (10)
The offence will not continue after issue Identity must be established Believe offender will appear at court No further investigation required to commence proceeding (prima facie) Accused will not interfere with evidence or hinder investigation Accused will not intimidate the victim or witnesses Not need to impose bail conditions on accused Offence listed on the FCAN guide in FCAN book Adults only Served in person at the time of offence
29
When to NOT issue a FCAN? (4)
(SOSO) - Strictly indictable and domestic violence offences - Offences involving juveniles, except traffic offences where juvenile is of licensable age - Suspects under influence of drugs or alcohol - Outstanding warrants
30
When to use an FSCAN? (4)
Used when a matter has not been dealt with in the field at the time of attending (due to protracted investigation) If a FCAN can not be issued at the time When the FCAN book is unavailable If the offender is unable to be located, the FSCAN will sit in the system as a Wanted CAN
31
What section and act is the caution from? And at what two times do you caution? (2)
s139 Evidence Act - Upon arrest - When you believe you have sufficient evidence of an offence and wish to question them about it
32
What section and act is offensive conduct? And what are the elements? (3)
s4 Summary Offences Act - Accused - conducted him or her self in an offensive manner - in, or near or within view or hearing from, a public place or school
33
What section and act is offensive language? And what are the elements? (3)
s4A Summary offences Act - accused - used offensive language - in, or near or within hearing from, a public place or school
34
What section and act is obscene exposure? And what are the elements? (4)
s5 Summary Offences Act - accused - in, or within view from a public place or school - willfully - obscenely exposed his (her) person
35
What is an offensive implement? (2)
- anything made or adapted for use for causing injury to another person - anything intended, by the person having custody of the thing, to be used to injure or menace another person or damage property
36
What is a dangerous implement? (5)
- a dangerous article - a knife, or razor blade or any other blade - anything made or adapted for use for causing injury to another person - anything intended, by the person having custody of the thing, to be used to injure or menace another person or damage property - a laser pointer
37
What is a dangerous article? (6)
- a firearm, spare barrel or ammunition - prohibited weapon within the meaning of Weapons Prohibition Act - spear gun - an article or device capable of discharging by any means - any irritant matter in liquid, powder, gas or chemical form or any dense smoke or any substance capable of causing bodily harm - a fuse capable of use with an explosive or a detonator, or - a detonator
38
What is s11D Summary Offences Act?
Parents who allow children to carry knives
39
Name section and act of - Parents who allow children to carry knives
11D Summary Offences Act
40
What is s11F Summary Offences Act?
Sale of knives to children
41
Name section and act of - Sale of knives to children
11F Summary Offences Act
42
Name section/number/act of - Custody of offensive implement
11B Summary Offences Act
43
What is 11B Summary Offences Act?
Custody of offensive implement
44
What is s93IB Crimes Act?
Custody of knives in public place or schools
45
What is s93IC Crimes Act?
Using or carrying knives in public place or schools
46
Name section/number/act of - Custody of knives in public place or schools
s93IB Crimes Act
47
Name section/number/act of - Using or carrying knives in public place or schools
s93IC Crimes Act
48
Elements of s93IB Crimes Act? (4)
Accused Without reasonable excuse Have a knife in their custody In a public place or school
49
Elements of s93IC Crimes Act? (5)
Accused Use or carries a knife That is visible in the presence of another person In a public place or school In a way likely to cause a reasonable person to fear for their safety
50
Elements of 11B Summary Offences Act? (5)
a person shall not without reasonable excuse have in his or her custody an offensive implement In a public place or a school
51
What are the reasonable excuses for having a knife for s93IB - Custody of knives in a public place or school? (8)
(GODWELPP) Genuine religious purposes, or Organised exhibition by knife collectors, or During travel to or from or incidental to an activity mentioned here Wearing of an official uniform, or Exhibition of knives for retail or other trade purposes, or Lawful pursuit of the person’s occupation, education or training, or Preparation or consumption of food or drink, or Participation in a lawful entertainment, recreation or sport, or
52
Is self defense or defense of another a reasonable excuse for carrying knives? True or false.
False
53
What is s21 LEPRA? And name the things an officer may suspect is on them. (4)
Power to stop search and detain a person and anything in their possession or anything under their control if the officer suspects on reasonable grounds that the following circumstances exist: - anything stolen or otherwise unlawfully obtained - anything used or intended to be used in the commission of a relevant offence - a dangerous article - a contravention of the DMTA, a prohibited plant or prohibited drug
54
What is the section/number/act of the power to search stop and detain without a warrant?
s21 LEPRA
55
What is s23 LEPRA?
Power to stop search and detain a person in a public place or school and anything in their possession or under their control if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in their possession or under their control
56
Name section/number/act of power - stop search detain a person in public place or school for dangerous implements
s23 LEPRA
57
Name section/number/act - Search on arrest
s27 LEPRA
58
What is s27 LEPRA and what are the things we search for? (5)
anything: - that presents a danger to a person, or - used to assist a person to escape from lawful custody, or - thing with respect to which an offence has been committed, or - thing that will provide evidence of the commission of an offence, or - that was used, or is intended to be used, in or in connection with the commission of an offence.
59
Name section/number/act for - Ancillary power to search persons? And name the two powers we can enact? (2)
s28 LEPRA - to open his or her mouth to enable it to be searched, or - to shake, or otherwise move, his or her hair
60
Name section/number/act for - Power to carry out search of person in lawful custody after arrest. And at what times do we search under this power? (2)
s28A LEPRA - search carried out at station - immediately before or during transportation to or from police station
61
Name section/number/act for - Searches generally
s30 LEPRA
62
What does s30 LEPRA allow police to do? (4)
- quickly run hands over outer clothing - require person to remove coat, jacket, gloves, shoes, socks, hat - examine anything in possession of the person - pass an electronic metal detector device over them or clothing
63
Name section/number/act for - Strip searches
s31 LEPRA
64
Name section/number/act for - Preservation of privacy and dignity during search. What are some of the contents of this section? (8)
s32 LEPRA - Inform the person whether clothing will be required to be removed - Why it is necessary to remove clothing - Must ask for the person’s cooperation - Must conduct search in a way that provides reasonable privacy and be quickly as reasonably practicable - Least invasive kind of search practicable in the circumstances - Must not search the genital area - Conduct by an officer of the same sex - No questioning during a search
65
Name section/number/act for - Rules for conduct during strip searches. And what are some of the contents of this section? (6)
s33 LEPRA - Must be conducted in a private area - Must not conduct in view or presence of a person of opposite sex - Only conducted in view or presence of those only with a purpose necessary for the search - Strip search of young person 10-18 or person of impaired intellectual capability must be conducted in presence of parent or guardian - No searching of body cavities or examination of body by touch - Must not involve more visual inspection than necessary
66
Name section/number/act for - No strip searches of children under 10
s34 LEPRA
67
Name section/number/act for - Search of persons pursuant to warrant
s50 LEPRA
68
Name section/number/act for - Power to search vehicles and seize things without warrant
s36 LEPRA
69
Explain s36. What are the things that give reasonable suspicion as to which police may search a vehicle under s36?
- anything stolen or otherwise unlawfully obtained on a person or in the vehicle - vehicle being in a public place containing a dangerous article that is being or was used in commission of relevant offence - vehicle or person in vehicle containing drugs Basically same as s21 LEPRA, however suited towards vehicles, with addition of - vehicle existing in vicinity of public place or school gives rise to risk of public safety - vehicle used in commission or connection with relevant offence - vehicle contains something used in connection or commission of relevant offence
70
What is s206 LEPRA? Explain what are the grounds for this power? (2). What is s208 LEPRA? (1)
206 - Detention of intoxicated persons May detain an intoxicated persons in a public place who is: - behaving disorderly or in a manner likely to cause injury to themselves or others, or damage property or - because they are in need of physical protection because the person is intoxicated 208 - Search of intoxicated persons
71
When searching, what are the three C's? (3)
- i do not require your consent - I'm asking for your cooperation - failure to comply will result in an offence
72
What is s27 LEPRA?
Search on arrest
73
What is s28 LEPRA?
Ancillary Power to search
74
What is s28A LEPRA?
Search after arrest in lawful custody
75
What is s30 LEPRA?
Searches generally
76
What is s31 LEPRA?
Strip searches
77
What is s32 LEPRA?
Preservation of privacy and dignity during search
78
What is s33 LEPRA?
Rules for conduct during search
79
What is s34 LEPRA?
No strip searches of children under 10
80
What is s36 LEPRA?
Stop detain search of vehicles
81
What is the THIS principle and what does each letter stand for?
It is a tool to build reasonable suspicion. T - Time and location H - history of person or location I - intelligence of person or location S - situation, current context
82
What is s99 LEPRA? Verbatim, including 99(1)(a) and 99(1)(b)(i-ix)
- A police officer may, without a warrant, arrest a person if the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and - The police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons: - To stop the person from committing the offence, repeating the offence or committing another offence - To stop the person from fleeing a police officer or from the location of the offence - To enable enquiries to be made to establish the person’s identity if it can not be readily established, or if the police officer suspects on reasonable grounds the the identity information provided is false - To ensure the person appears before the court in relation to the offence - To obtain property in possession of the person in connection with the offence - To preserve evidence and prevent the fabrication of evidence - To prevent harassment of, or interference with any person who may give evidence in relation to the offence - To protect the safety or welfare of any person (including the arrested person) - Due to the nature and seriousness of the offence

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