2.1 police powers Flashcards
What are police responsible for? (8 answers)
Enforcing laws
Making sure laws are followed
Detection of crime
Preventing crime
Investigate crimes
Make arrests
Interrogate suspects
Gather evidence against suspects
What is the act that outlines police powers?
The Law Enforcement (Powers and Responsibilities) (LEPRA) Act 2002 (NSW)
Under Law Enforcement (Powers and Responsibilities) (LEPRA) Act 2002 (NSW) police have the right to what? (5 answers
Detain & question suspects if they suspect them of carrying an illegal item or having committed a crime (no need for warrant)
Search property & seize evidence (need warrants)
Use reasonable force
Use technology to investigate e.g. surveillance, phone monitoring & DNA
Recommend to the judge if bail or remand is appropriate
List reasons why a person can be arrested (7 answers)
You are committing a crime
Police have reasonable suspicion that you have committed an offence
Breaching the peace
Breached bail conditions
Warrant out for your arrest
Police need to serve an AVO (Apprehended Violence Order)
Officer wants to apply an urgent AVO on you
What info has to be told by the police? (3 answers)
Tell you that you are under arrest
Tell you why you are being arrested
A police officer should also tell you his/ her name -> they used to have to tell someone their place of duty but not anymore
What infor do you have to tell the police? (2 answers)
Provide your driver’s licence if you are in a vehicle
Provide your identification with name and address
What do you not have to tell a police officer?
Answer any other questions
Agree to be recorded
Sign anything
Go to the police station -> unless you have been arrested
What are the police powers under LEPRA? (6 answers)
Interview you at police station (you have the right to contact a lawyer)
Fingerprint & photograph you
Power to enter in emergencies or to arrest/detain or execute warrant
Request identity & expect disclosure
Driver and passenger identity disclosed
Removal of face coverage to identify
Outline when strip searches are used with reference to LEPRA 2002
Under LEPRA police are allowed to conduct strip searches in the field if it is urgent or serious
Who polices the police?
NSW Code of Practice for CRIME (Custody, Rights, Investigation, Management and Evidence) outlines rights of suspects & how police can investigate
What does CRIME stand for under the NSW Code of Practice?
The Code of Practice for CRIME includes
Custody
Rights
Investigation
Management
Evidence
