2.3 Policing Act 2008 Flashcards
Section 32 (1) - (4) - Identifying Particulars of a person in custody.
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
Section 32 (5) What are identifying particulars?
- Name, address and date of birth
- Photographs or visual image
- Fingerprints/footprints/palm prints
Section 33 - Identifying particulars in relation to a summons?
A constable make take identifying particulars (including photograph) from a person whom they intend to bring a proceeding against that person by way of summons.
Section 36 - Care of Intoxicated Persons
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
Section 36 (2) - How long can you detain an intoxicated person?
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.
Section 36 (4) - Define intoxicated
Observably affected by alcohol, other drugs or substances to such a degree that speech, balance or co-ordination or behavior is clearly impaired.
Section 36 (5) - Section 31 Crimes Act 1962 applies…
In respect of the power to detain and take a person into custody under this section as if the power were a power of arrest.
