2.3 Policing Act 2008

Question 1

What does Section 32 of the Policing Act 2008 relate to in;
Identifying Particulars of a person in custody

What are the provisions of this section?

Answer 1

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

6 months imprisonment or $5000 fine

Question 2

What are identifying particulars?

Answer 2

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

Question 3

What powers exist in relation to getting Identifying particulars in relation to serving a summons on an offender?

How must the Constable take those particulars?

Answer 3

Answer:
A constable may detain that person at any place
In order to take identifying particulars (including photograph) from a person whom they intend to bring a proceeding against that person by way of summons.

Detainment is only for the period necessary to take the persons identifying particulars.

Answer:
In a manner that is reasonable in the circumstances

May only use reasonable force that may be necessary to secure a persons identifying particulars.

Question 4

Under Section 36 of the Policing Act 2008, what powers does it give Police in relation to intoxicated people in public?

Answer 4

Answer:
A constable who finds a person intoxicated in a public place or trespassing on private property may detain and take that person into custody if the constable believes 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 and

the constable is 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

How long can you detain an intoxicated person?

Answer 5

Answer:
The person must be released as soon as the person is no longer intoxicated or no longer than 12 hours.

The person can be further detained for a period not exceeding 12 hours if recommended by a health practitioner.

Question 6

Define intoxicated

Answer 6

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