2. Policing Act 2008 Flashcards
What is section 32 Policing Act 2008?
A constable may take the identifying particulars of a person who is in the lawful custody of the police if that person is detained for committing an offence and is at the police station or at any other place
How can Police take fingerprints s32 Policing Act 2008 - Identifying particulars?
- in a manner that is reasonable in the circumstances and may only use reasonable force necessary to secure the persons identifying particulars.
Penalty:
If they failed to comply
6 months imprisonment/fine $5000 or both
What is s33 Policing Act 2008 - identifying particulars of person in custody or being detained for committing an offence
And is at a police station or at any other place being used for Police purposes.
A constable
- Must take the person identifying particulars in a manner that is reasonable in the circumstances and
- May only use reasonable force that may be necessary to secure the persons identifying particulars.
- A person’s biographical details, Name address and date of birth
- The person’s photograph or visual image
- Impressions of the persons, fingerprints, palm prints or footprints.
Place means
- any land, building, Premises or vehicle
What is s33 Policing Act 2008 - Identifying particulars for summons
A constable who has good causes to suspect a person of committing an offence and who intends to bring proceedings against the person and respect of that offence by way of summons may DETAIN that person at any place
- In order to take the persons identifying particulars and only for the period necessary to take them.
What is s36? - Care and protection of intoxicated people?
(s31 -Power to detain and take a person into custody)
A constable who finds a person intoxicated in a public place or intoxicated while trespassing on Private property, May detain and take the person into custody RGB
- They are incapable of protecting themselves from physical harm likely to harm themselves or another or damage property and is satisfied it that it is not reasonably practical to take them home or to a temporary shelter.
When can a person be released s36 - Care and protection of intoxicated people?
- Must be released as soon as the person ceases to be intoxicated
- Must not be detained longer than 12 hours after the person is first detained unless a health practitioner recommends the person be further detained for a period not exceeding 12 hours
(they must believe the person remains intoxicated and is incapable of protecting themselves from physical harm and they don’t have health needs that require medical attention and it is not reasonably practicable to provide for the persons continuing care and protection by taking them home or temporary shelter
What does intoxicated mean?
S.B.C.B.I
- Observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, coordination or behaviour is clearly impaired.
