Arrest And Alternatives, Criminal Responsibility

Question 1

What is the definition of arrest according to the Macquarie Dictionary?

Answer 1

To seize (a person) by legal authority or warrant, to capture; seize, to catch and fix, to bring to a standstill; stop; check.

Question 2

What does the Police Service Admin Act (PSAA) state about arrest?

Answer 2

‘The detection of offenders and bringing of offenders to justice (s2.3(d)).’

Question 3

According to the Powers and Responsibilities Act (PPRA), what does ‘arrest’ include?

Answer 3

‘Apprehend, take into custody, detain and remove to another place for examination or treatment (s. 369).’

Question 4

For what types of offences can police arrest individuals?

Answer 4

• Crime or misdemeanour (indictable offence)
• Simple offence
• Regulatory offence.

Question 5

What is one reason police can arrest to investigate an indictable offence?

Answer 5

To speak to witnesses without any interference.

Question 6

What must police consider when making an arrest?

Answer 6

• Office safety and the safety of the person
• How to effectively communicate with the person
• The rights of the person.

Question 7

What does ‘reasonable suspicion’ mean according to PPRA Schedule 6?

Answer 7

‘A suspicion based on facts which objectively seen, are sufficient to give rise to an apprehension of the suspected matter.’

Question 8

What is the basic process following an arrest?

Answer 8

• Offender apprehended and arrested
• Transport to station or watchhouse
• Investigate indictable offence (EROI)
• Charge or discontinue arrest
• Release.

Question 9

What is a warrant?

Answer 9

A document issued by a magistrate, authorising an officer to make an arrest, seize property, make a search or carry a judgement into execution.

Question 10

What are the two forms in which warrants can be issued?

Answer 10

• Computer warrant (ewarrant)
• Paper warrant.

Question 11

What types of warrants are mentioned in the text?

Answer 11

• Warrants requiring payment of money
• Warrants ordering incarceration
• Warrants ordering a person to be brought before a court.

Question 12

What human rights are engaged when arresting someone?

Answer 12

• Freedom of movement and right to liberty
• Humane treatment when deprived of liberty
• Cultural rights
• Fair hearing and rights in criminal proceedings
• Children in the criminal process.

Question 13

What is the duty of care under CC s285?

Answer 13

‘Duty to provide necessaries’ to provide or obtain medical assistance.

Question 14

What is required of police officers when questioning a person in custody?

Answer 14

They must caution the person about their rights.

Question 15

Fill in the blank: Under PPRA s 365(2), a person may be arrested for _______.

Answer 15

[questioning about, or investigating of an indictable offence they are suspected of committing].

Question 16

What is the maximum duration a person may be questioned for an indictable offence?

Answer 16

Not more than 4 hours.

Question 17

What does the Child Protection Act s 8 define as a child?

Answer 17

An individual under 18 years.

Question 18

What must police consider before arresting a child for an offence?

Answer 18

Whether the arrest is necessary to prevent a continuation of the offence or to ensure the child’s appearance before a court.

Question 19

What is adult cautioning?

Answer 19

A formal warning that may be administered to a person aged 18 years and over to deal with lower end, non-habitual offending.

Question 20

What should officers consider before arresting a person?

Answer 20

Officers should consider whether another means of instituting proceedings may be more appropriate

This aims to prevent disproportionate use of prosecution resources.

Question 21

What is adult cautioning?

Answer 21

A formal warning administered to a person aged 18 years and over for lower end, non-habitual offending without commencing a proceeding

Not to be administered for indictable offences that cannot be dealt with summarily.

Question 22

What are the circumstances under which a non-statutory caution can be administered to an adult?

Answer 22

The offender must be over 18 and the offence can be dealt with summarily, except for certain offences

Exclusions include domestic violence, serious injury, and drink driving.

Question 23

What is adult restorative justice?

Answer 23

A program where adult offenders accept the circumstances of the matter, discuss impacts with victims, and complete counselling or other programs.

Question 24

What is the Police Drug Diversion Program?

Answer 24

A program offering three tiers of drug diversion opportunities for minor drug offences

1. Drug Diversion Warning 2. Initial Drug Diversion Assessment Program 3. Subsequent Drug Diversion Assessment Program.

Question 25

What is youth cautioning?

Answer 25

A consideration for officers regarding the policy for diversion from the court system for children.

Question 26

What is child restorative justice?

Answer 26

Referring a child's offence to a restorative justice conference or alternative diversion program instead of court.

Question 27

What does the graffiti diversion program entail?

Answer 27

Referring a child to a graffiti removal program as an alternative to arrest for graffiti offences.

Question 28

What is a Notice to Appear (NTA)?

Answer 28

A form to commence proceedings against a person, reducing the need for custody and avoiding delays of complaint and summons.

Question 29

What are some examples of offences for which an infringement notice may be issued?

Answer 29

* Traffic offences * Railway SENTONS * Liquor SETONS * Marine infringement notices * Public nuisance offences

Question 30

What are the three tests for deciding to prosecute an offence?

Answer 30

* Sufficient evidence * Public interest * Impartiality of officers

Question 31

What are the conditions under which officers should consider discontinuing an arrest?

Answer 31

* No longer reasonably suspected of the offence * Reason for arrest no longer exists * More appropriate to issue an infringement notice * Intoxicated person needs care * Eligible for drug diversion * Child eligible for graffiti removal program

Question 32

What must officers do prior to conducting a search?

Answer 32

* Explain the search process * Offer the opportunity to express a preference about the gender of the searcher

Question 33

What types of searches are mentioned?

Answer 33

* Frisk search * Person search * Pat down search * Unclothes search

Question 34

What is the maximum questioning time allowed?

Answer 34

8 hours, extendable by a magistrate for up to 12 hours.

Question 35

What is required when transporting anyone in custody?

Answer 35

Give VKR ODO readings.

Question 36

What is the maximum questioning time for a person in custody?

Answer 36

8 hours, can be extended by a magistrate for up to 12 hours

Question 37

What must officers ensure when a proceeding has commenced?

Answer 37

DNA and identifying particulars are obtained at the same time

Question 38

Can a Notice to Appear (NTA) be issued without confirming the correct name and address?

Answer 38

No

Question 39

Is there a power of arrest for questioning in relation to a public nuisance offence?

Answer 39

No, it is a simple offence

Question 40

What must an officer do when locating a person wanted on a warrant?

Answer 40

Complete a bench charge sheet and a Court Brief (QP9)

Question 41

What are exculpatory matters at common law?

Answer 41

Insanity, intoxication, accident, involuntariness, mistake of fact, claim of right

Question 42

What does the Criminal Code (CC) s1 define?

Answer 42

Criminal responsibilities as liability to punishment for an offence

Question 43

Which chapter of The Criminal Code relates to criminal responsibility?

Answer 43

Chapter 5

Question 44

What does section 22 of the Criminal Code cover?

Answer 44

Ignorance of the law - bona fide claim of right

Question 45

What is required to relieve a person of criminal responsibility under section 22(3)?

Answer 45

The statutory instrument was not known to the person and had not been published

Question 46

To what does section 28 of the Criminal Code apply?

Answer 46

All offences when unintentionally intoxicated or stupefied

Question 47

What does section 23 of the Criminal Code address?

Answer 47

Intention and motive in criminal offences

Question 48

What is the presumption of sanity under section 26?

Answer 48

The presumption applies until contrary is proved

Question 49

What must the defence prove under the insanity defence outlined in section 27?

Answer 49

On the balance of probability

Question 50

What does section 29 state regarding immature age?

Answer 50

Under age 10 not criminally responsible, under 14 not responsible unless proven they knew what they were doing

Question 51

What are the key elements of 'Mistake of fact' under section 24?

Answer 51

Mistake must be an honest and reasonable belief

Question 52

What does section 31 of the Criminal Code provide?

Answer 52

Exculpation for those required to carry out certain functions under public office

Question 53

What is a key responsibility during investigations regarding exculpations?

Answer 53

Negate all exculpations listed under chapter 5

Question 54

What must officers establish about a suspect prior to interview?

Answer 54

Personal details, especially age

Question 55

What should officers ascertain from the suspect during an investigation?

Answer 55

The reason 'why' the suspect committed the offence

Question 56

True or False: An officer can issue a warning for behaviour not in the public interest.

Answer 56

False