Ver batim Flashcards
(9 cards)
Criminal Procedures Regulation 2017(NSW) cl 9l - wording for endorsement
This statement made by me accurately sets out evidence that I would be prepared, if necessary, to give in court as a witness. This statement is true to the best of my knowledge and I make it knowing that, if it is tendered as evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.
Caution
I am going to ask you some questions in relation to…
You do not have to say/do anything you do not want to. Do you understand that?
I/we will record what you say/do. I/we can use this recording in court. Do you understand that?
Section 99 Power of Police Officers to arrest without a warrant
(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) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons:
(i) To stop the person committing or repeating the offence or committing another offence,
(ii) To stop the person fleeing from a police officer or from the location of the offence,
(iii) To enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police suspect on reasonable grounds that the identity information provided is false,
(iv) To ensure that the person appears before a court in relation to the offence,
(v) To obtain property in the possession of the person that is connected with the offence,
(vi) To preserve evidence of the offence or prevent the fabrication of evidence,
(vii) To prevent harassment of, or interference with, any person who may give evidence in relation to the offence,
(viii) To protect the safety or welfare of any person (including the person arrested)
(ix) Because of the nature and seriousness of the offence.
Note: A police officer may discontinue the arrest at any time- see section 105.
Justification for FIREARMS
You are only justified in using your firearm when there is an immediate risk to your life, or the life of someone else, or there is an immediate risk of serious injury to you or someone else and there is no other way of preventing the risk.
Justification for HANDCUFFS
The decision to handcuff rests with you. Officer safety is paramount. Generally you are justified in handcuffing prisoners only when they have tried to escape, or to prevent escape or injury to themselves or others.
Justification for DEFENSIVE SPRAY
Use defensive sprays only for:
- protection of human life
- a less lethal option for controlling people, where violent resistance or confrontation occurs (or is likely to occur)
- protection against animals
Justification for BATONS
The decision to use your baton rests with you. You may use your baton if in danger of being overpowered or to protect yourself or others from injury. The force used must always be reasonable.
Justification for CONDUCTED ELECTRICAL WEAPON
When considering the discharge of a CEW, officers should consider all tactical options available to them in the Tactical Options Model. Before removing the CEW from the holster, officers will assess if the deployment of the CEW is the best option for the prevailing situation having regard to the Criteria to Discharge a Taser to:
- protection human life
- protection yourself or others where violent confrontation or violent resistance is occurring or imminent,
- protect an officer/s in danger of being overpowered or to protect themselves or another person from the risk of actual bodily harm or
- protection from animals
Body-worn video camera - caution
I am wearing a body-worn video camera and our conversation and your actions are being recorded. Do you understand that?
