2. Policing Act 2008, Evidential Sufficiency, Taser and Firearms Flashcards
What identifying particulars can you take of a person in custody?
Name, address, date of birth, photograph, fingerprints, palm prints or footprints.
Can you take identifying particulars when you intend on summonsing a person to Court?
Yes.
You should only take identifying particulars in a manner that is reasonable in the circumstances and you can only use reasonable force.
What should you do if you find an intoxicated person in a public place and you believe that the person is incapable of protecting themselves from physical harm, or likely to cause physical harm, or cause significant damage to any property?
You should take that person home if possible but if it is not reasonably practicable to provide for the persons care and protection you can take that person into custody.
The person must be released as soon as they are not drunk. They must not be detained longer than 12 hours unless a doctor says.
When is the test for prosecution met?
Evidential test - When the evidence is sufficient to provide a reasonable prospect of conviction
and
A public interest test - When the prosecution is required in the public interest.
What must you have for a successful evidential test?
An identifiable individual, credible evidence that is capable of belief, evidence that is reliable and legally admissible, a reasonable prospect of conviction, evidence that will prove the offence beyond reasonable doubt and a criminal offence.
Is it a rule that all offences for which there is sufficient evidence must be prosecuted?
No. Prosecutors must exercise their discretion as to whether prosecution is required in the public interest.
What are the public interest considerations for prosecution?
The seriousness of the offence, the anticipated penalty, serious violence, continued or repeated offending, previous convictions, committing the offence whilst on bail, premeditation, organised crime, and other relevant considerations.
What are the public interest considerations against prosecution?
Small penalty, minor loss or harm, not serious offending, long time between offending and reporting, whether the prosecution could be detrimental to the victim or witness, where the defendant is elderly or a youth, no previous convictions, mental health, and other considerations.
What should a supervisor do after a taser has been used operationally?
Attend the scene
Ensure after-care and medical attention is provided
Preserve the scene and photograph it
Preserve or evidence including cartridges, wires and probes
Ensure Dr checks the subject
Ensure the operator completes the paperwork in the taser register
Ensure operator submits a tactical options report
Ensure operator uploads to evidence.com
Review the taser footage and tactical options report
What should a supervisor do after a taser has been shown?
Ensure the operator submits a tactical options report
Ensure operator completes Taser register
Ensure operator uploads to evidence.com
Debrief the operator on the incident and review the taser footage.
When is a person disqualified from holding a firearms license?
If they have within the previous 10 years been convicted or released from custody for offending against:
Specific offences against the Arms Act 1983
Serious violence offending
Specific offences against the Crimes and Misuse of Drugs Acts
Family violence
When will Police review a persons fit and proper status in relation to the continuation of the firearms license?
When the person exhibits unlawful, dangerous, or unsafe behaviour
When the person is non-compliant with a license, endorsement or permit conditions
Exhibits behaviour that indicates a lack of judgement
Shows poor decision making
What is the criteria to find a person not fit and proper to be in possession of a firearm?
Sec 24A(1)(a)-(n)…
When a member of Police is satisfied that one or more of the following circumstances exist;
Charged with an offence punishable by imprisonment
Charged with an offence under the Arms Act 1983
Has a temporary protection order made against them
Has inflicted family violence against another person
Has a restraining order made against them under the Harassment Act
Shows non-compliance with the Arms Act 1983
Show symptoms of mental or physical illness that may affect their ability to possess a firearm
Abuses alcohol or drugs
A member of a gang or organised criminal group
Tendency towards violence, hate, extremism
Risk to national security
What is the criteria to determine that a person is fit and proper to hold a license?
Sec 24A(2)(a)-(c)…
Police should take into account whether the applicant:
(a) (i) Has a sound knowledge of the safe possession and use of firearms
(ii) Understands the legal obligations of a holder of a FLIC
(b) Any other criteria prescribed…, and
(c) Any other relevant matters Police consider appropriate
What should be considered before revoking a FLIC for FLIC holder not being fit and proper?
The severity and recency of the circumstance, both individually, and then collectively when considered overall. This takes into account all other matters that deem to be relevant.
