APO Flashcards
In regards to an APO define officer
Officer: means a police officer who is of or above the rank of sergeant
In relation to APO define qualifying offence
qualifying offence means:
(a) an offence against section 23; or
(b) an offence that is committed, or allegedly committed, after this section commences and is punishable by imprisonment for 6 months or more.
An alcohol protection order is an order issued in writing to an adult that prohibits the adult, during the period that it is in force, from doing any of the following:
(a) possessing alcohol;
(b) consuming alcohol;
(c) subject to subsection (2), entering or being in licensed premises.
An adult who is subject to an alcohol protection order may enter and remain in licensed premises for what reasons?
(a) if the adult lives at the licensed premises concerned; or
(b) for any period during which entering and remaining in the licensed premises concerned is required for the purposes of the adult’s employment.
What are the required grounds to issue an alcohol protection order?
An officer may issue, or if it is not practicable for the officer to do so, the officer may authorise a police officer to issue, an alcohol protection order to an adult if:
(a) the adult has been arrested, summonsed or served with a notice to appear in court in respect of an alleged qualifying offence; and
(b) the officer believes that the adult was affected by alcohol when the adult did the thing that caused the arrest of the adult, or the service of the summons or the giving of the notice to appear to the adult.
How long does an APO remain in force?
(a) if it is a first alcohol protection order issued to the adult under section 6 – for a period of 3 months on and from the date on which it is issued; or
(b) if it is a second alcohol protection order issued to the adult under section 6 – for a period of 6 months on and from the date on which it is issued; or
(c) if it is a later alcohol protection order issued to the adult under section 6 – for a period of 12 months on and from the later of:
(i) the date on which it is issued; and
(ii) the date on which the latest of the previous alcohol protection orders issued to the adult ceases to be in force.
Define First alcohol protection order
first alcohol protection order, in relation to an adult at a particular time, means an alcohol protection order issued to the adult when:
(a) there has never been an alcohol protection order issued to the adult under section 6; or
(b) all such alcohol protection orders issued to the adult ceased to be in force more than 12 months before the time.
Define later alcohol protection order
later alcohol protection order, in relation to an adult at a particular time, means an alcohol protection order issued to the adult when:
(a) an alcohol protection order, other than a first alcohol protection order, issued to the adult under section 6 is in force; or
(b) an alcohol protection order, other than a first alcohol protection order, issued to the adult under section 6 ceased to be in force not more than 12 months before the time.
Define second alcohol protection order
second alcohol protection order, in relation to an adult at a particular time, means an alcohol protection order issued to the adult when:
(a) a first alcohol protection order issued to the adult is in force; or
(b) a first alcohol protection order issued to the adult ceased to be in force not more than 12 months before the time.
When does an alcohol protection order cease to be in force?
(1) An alcohol protection order issued under section 6 ceases to be in force as soon as the adult to whom it was issued is no longer considered to have allegedly committed the qualifying offence in respect of which it was issued.
If an adult is found not guilty of a qualifying offence for an APO what must be done?
(2) As soon as practicable after an adult is no longer considered to have allegedly committed the qualifying offence in respect of which the alcohol protection order was issued, an officer must give the adult, or a person who the officer reasonably believes to be the adult’s legal representative, a notice in writing to that effect.
The Darwin shift supervisor calls you to explain that he has issued an APO and that the offender wants the matter reviewed, what advice do you give?
(1) An adult to whom an alcohol protection order has been issued under section 6 may apply for a reconsideration of the decision to issue the alcohol protection order, in accordance with this section.
(2) The application must:
(a) be made in writing; and
(b) state the reason why the adult believes that the decision to issue the alcohol protection order should not have been made; and
(c) be lodged at a police station not later than 3 days after the date on which the order was issued.
(3) The making of the application does not affect the validity or effect of the alcohol protection order.
You receive a call for a constable who tells you that he is off with a male who has an APO and he thinks the male has been drinking he does not know what to do next. What advice do you give?
(1) A police officer who reasonably believes that an adult is subject to an alcohol protection order and has recently consumed alcohol may do any of the following:
(a) direct the adult to submit to a breath test to determine whether there is alcohol in the adult’s breath;
(b) direct the adult to provide a sample of the adult’s breath for a breath analysis;
(c) take and record the adult’s name and other information relevant to the adult’s identification, including photographs, fingerprints and other biometric identifiers.
BA must be carried out by a person gazetted to use a BA
You receive a call from a young constable who has arrested a person for supplying alcohol to a person subject to an APO. What are the points of proof?
A person commits an offence if the person:
(a) intentionally supplies alcohol to an adult; and
(b) knows that the adult is subject to an alcohol protection order.
Maximum penalty: 25 penalty units or imprisonment for 3 months.
