2.3 Policing Act 2008

Question 1

Section 32 (1) - (4) - Identifying Particulars of a person in custody.

Answer 1

Used now or future by Police for any lawful purpose.

A constable may take the identifying particulars of a person who is in the lawful custody of Police if that person is detained for committing an offence and is

a) at a Police station or
b) at a place being used for Police purposes

Must be taken in a manner that is reasonable in the circumstances and may only use reasonable force to secure ID.Particular.

Fail to comply - 6 months imprisonment or $5000 fine or both

Question 2

What are identifying particulars according to the Policing Act 2008 (3)?

Answer 2

• Name, address and date of birth
• Photographs or visual image
• Fingerprints/footprints/palm prints

Question 3

Section 33 of the Policing Act 2009 provides what powers when identifying particulars for summons (4)?

Answer 3

1) Detain the person
2) Require identifying particulars
3) Use reasonable force to obtain the particulars
4) Caution then arrest

Question 4

Under section 36 of the Policing Act 2008, what are the two key criteria which must be satisfied before detaining an intoxicated person?

Answer 4

1. You believe on reasonable grounds that the person is:
   i) incapable of protecting himself or herself
   ii) likely to cause physical harm to another person
   iii) likely to cause significant damage to any property
2. You are satisfied it is not reasonably practicable to provide for the persons care by taking them to his or her place of residence or to a temporary shelter.

Question 5

Section 36 (2) - How long can you detain an intoxicated person?

Answer 5

The person must be released as soon as the person ceases to be intoxicated or no longer than 12 hours.

The person can be detained for a further 12 hours if recommended by a health practitioner.

Question 6

Section 36 (4) - Define intoxicated

Answer 6

Observably affected by alcohol, other drugs or substances to such a degree that speech, balance or co-ordination or behavior is clearly impaired.

Question 7

What is the relationship between Section 36(5) of the Policing Act 2008 and Section 31 of the Crimes Act 1961?

Answer 7

Section 31 confers that powers to detain under section 36 are justified as if they were a power to arrest.