2.4 Policing Act Flashcards
To become familiar with the Policing Act 2008.
Identifying particulars means, in relation to a person, any or all of the following.
Section 32, Policing Act 2008
a) the person’s biographical details (for example, the person’s name, address, and date of birth):
(b) the person’s photograph or visual image:
(c) impressions of the
person’s fingerprints, palm-prints, or footprints place includes any land, building, premises, or vehicle.
Where can identifying particulars be taken?
Section 32, Policing Act 2008
(a) At a Police station.
(b) At any other place being used for Police purposes.
What force may be used to obtain identifying particulars of a person in custody?
Section 32, Policing Act 2008
(a) must take the person’s identifying particulars in a manner that is reasonable in the circumstances; and
(b) may only use reasonable force that may be necessary to secure the person’s identifying particulars.
If a person refuses to give identifying particulars what must I do before charging them and what is the penalty?
Section 32, Policing Act 2008
I must caution them.
They are liable on conviction to imprisonment for a term not exceeding 6
months, to a fine not exceeding $5,000, or to both.
At what point can I take Identifying particulars?
Section 32, Policing Act 2008
constable may take the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for
committing an offence.
What does intoxicated mean?
Section 36, Policing Act 2008
Observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired
What does temporary shelter mean?
Section 36, Policing Act 2008
a place (other than a place operated by the Police) that is capable of providing for the care and protection of an intoxicated person.
Where may I detain an intoxicated person for their care and protection?
Section 36, Policing Act 2008
In a public place, or while trespassing on private property.
Before taking an intoxicated person into custody, what must I reasonably believe?
Section 36, Policing Act 2008
(i) incapable of protecting himself or herself from physical harm; or
(ii) likely to cause physical harm to another person; or
(iii) likely to cause significant damage to any property; and
the constable is satisfied it is not reasonably practicable to provide for the person’s care and protection by
(iv) taking the person to his or her place of residence; or
(v) taking the person to a temporary shelter.
When must an intoxicated person be released and how long can they be held in custody?
Section 36, Policing Act 2008
(a) must be released as soon as the person ceases to be intoxicated:
(b) must not be detained longer than 12 hours after the person is first
detained, unless a health practitioner recommends that the person be
further detained for a period not exceeding 12 hours.
What must a health practitioner consider before extending the stay in custody?
Section 36, Policing Act 2008
(a) the person remains intoxicated and is incapable of protecting himself or herself from physical harm; and
(b) the person does not have health needs that may require medical attention; and
(c) it is not reasonably practicable to provide for the person’s continuing care and protection by—
(i) taking the person to his or her place of residence; or
(ii) taking the person to a temporary shelter.
Can you take particulars from someone you are issuing a summons to?
Yes, you may detain that person at any place—
(a) in order to take the person’s identifying particulars; and
(b) only for the period necessary to take the person’s identifying particulars.
