1 Flashcards
Definition of offensive noise
Level, nature character or quality affects someone outside the place where it is coming from
- Harmful / likely to be
- Interfere with comfort
- Time it is made
Noise abatement directions. How long do they last? How are they given? How do you give one where entry is refused? What do you do if the abatement is not complied with. When does the noise need to have been immitted?
- Orally or in writing
- 28 Days
- Warrant
- May make entry to enforce provided warning has been given.
- Within the last 7 days
Memorandum of understanding. What are the three agencies and their roles?
- NSW health Risk assessment, mental health assessment care and behavioral management
- Ambulance NSW pre hospital emergency patient care
- NSW Police. Self harm, public safety, transport and assistance
Detention of mentally ill or disturbed people by police
Mental Health act 2007 s22
May apprehend and take to a mental health facility if
- committing / committed an offence
- attempted / likely to attempt suicide
- Cause harm / likely to cause harm to anyone
What is the legal requirement of police when seeking to admit a patient for medical care
A section 22 form detailing the narrative leading to the patients detention by police
Transport of mental health patients.
What may you do and why?
Mental health act 2007 s 81
May do a search of the patient for anything that could be used to cause harm
Assist in the apprehension of a person with a mental illness on advice from ambulance or medical staff. Section and details q
Mental health act s 21
May apprehend the person or may enter a premises to apprehend the person.
THIS
Time and Location – that a time or location is known for certain offences (based on a trend)
History of a person, place or thing (through CNI check)
Intelligence on a person, place or thing (information obtained through intelligence reports or fresh information from
members of the public)
Situation (purpose for which you are there and how you interpret what you see)
Cautions vs warnings
Criteria for warnings (youth)
Given for summary offences (not graffiti)
No admission needed
Given by the investigating officer
no limit
Criteria for cautions
Done by specialist youth officer
maximum of three
Must make a protected admission
The Legal Ranges for Prescribed Concentration
of Alcohol offences
Novice Range PCA
0.001 - 0.019
Special Range PCA
0.020 - 0.049
Low Range PCA
0.050 - 0.079
Middle Range PCA
0.080 - 0.149
High Range PCA
0.150 or higher
Breath test v Breath analysis
Breath test
Conducted roadside.
Only an indication that a PCA offence MAY
have been committed
No actual offence at this stage
Positive (standard) breath test leads to an
arrest for the purposes of a breath analysis
Breath analysis
Conducted at the station or RBT Bus
After an arrest for a positive (standard breath
test) or refused the breath test
FCAN criteria
- Identity must be established
- The offence is listed on the FCAN guide card.
- There is no further investigation required in order to commence criminal proceeding.
- You believe that the offender will appear in court
- The offence will not continue after issuing the FCAN
- You do not need to impose bail conditions on the accused
- The accused will not interfere with evidence or hinder the police investigation
- The accused will not intimidate the victim or witnesses
8 deadly CINS
- Larceny (value under $300)
- Goods in custody
- Offensive language
- Offensive Behaviour
- Obstruct person/vehicle/vessel in public place
- Enter vehicle or boat without consent of owner/occupier
- Continuation intoxicated behaviour after move on direction
- Posses prohibited drug (not weed) only used at music festivals
When not to issue CINS
- DV offences
- People seriously intoxicated or drug-affected – they can’t comprehend the procedure
- Continuing offences
- A person named in a first instance warrant
- Where further investigation is needed
- Serving police officers
- Assault offences
- Lawful demonstrations/protests
When you can issue a FCAN
Fits prescribed offences (in the book)
Positive ID
Prima Faci
No bail needed
When can’t you issue an FCAN
Strictly indictable
Juveniles
People on the piss
warrants outstanding
Possess Prohibited drug
Drugs misuse and trafficking act s 10
The accused
Had a prohibited drug
In his / her possession
Admixtures
Drugs Misuse and Trafficking act s 4
If a prohibited drug is combined with any admixture, the total amount seized will be calculated in full.
Drugs misuse and trafficking act s 25
Supply prohibited drug
Custody of offensive implement section, elements and difinition (bat with nails)
Summary offences act s 11B
- The accused
- Without reasonable excuse
- Have in his or her custody
- An offensive implement
- In a public place or a school
anything made or adapted for use for causing injury to a person, or
anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage propert
Offensive implement offence section and elements (B for bat with nails)
Summary offences s 11B
- A person shall not;
- Without reasonable excuse;
- Have in his or her custody;
- An offensive implement
- In a public place or a school.
Custody of a knife in a public place or school C for custody
Summary offences s 11 C
- A person shall not;
- Without reasonable excuse;
- Have in his or her custody;
- A knife
- In a public place or a school.
Mandatory reporting of child abuse
Children and young persons protection act s27
Offensive conduct
Summary offences act s 4
- The accused
- Conducted them self in a offensive manner
- In or near or within view or hearing from a public place or school
All things that send me to heaven is a reference to what police power?
Section and act?
two points
LEPRA s87
Search and seizure powers
a dangerous article or dangerous implement (other than a laser pointer) is in the dwelling, and
that the dangerous article or dangerous implement is being, or was, or may have been or may be used to commit a domestic violence offence,
