Arrest and Alternatives to arrest Flashcards
Alternatives to arrest
- No formal action
- Warning
- Cautions (e.g., Young Offenders Act and Cannabis Cautioning Scheme)
- Penalty Notices (e.g., CINS, TINS, PINS)
- Field Court Attendance Notices
- Future Service Court Attendance Notices
What is LEPRA 203
Police officers to give warnings when giving or making directions, requirements or requests that must be complied with
What are some PENALTY NOTICES
CIN(Criminal)
TIN(Traffic)
PIN (Parking)
What is CIN
**Criminal Infringement Notices (CINs) **
are a particular type of penalty notice that exist for eight specific criminal offences:
8 DEADLY CINS
- Larceny under $300- s 117 Crimes Act 1900 (NSW)
- Goods in Custody- s 527C Crimes Act 1900 (NSW)
- Offensive conduct- s 4(1) Summary Offences Act 1988 (NSW)
- Offensive language- s 4A(1) Summary Offences Act 1988 (NSW)
- Obstructing traffic- s 6 Summary Offences Act 1988 (NSW)
- Unauthorised entry of vehicle/boat- s 6A Summary Offences Act 1988 (NSW)
- Continuation of intoxicated and disorderly behaviour following a move on direction- s 9 Summary Offences Act 1988 (NSW)
- Possess Prohibited Drug- s 10 Drug Misuse and Trafficking Act 1985 (NSW)
What is the aim of a CIN?
- To provide an alternative legal process to arrest
- To allow police to deal with suspects on the spot
- To free up police from speaking time at the station doing paperwork
- To reduce police attending court for minor matters
Who can be issued with a CIN?
A CIN can be issued to an adult whose identity has been confirmed.
How many CINs can be issued at one time?
A maximum of four CIN’s can be issued at one time.
What is FCAN
Field Court Attendance Notices
A Field Court Attendance Notice (FCAN) is a document (being a notice to an offender that they are to attend court) that is issued to a person in the field.
Why do we use FCAN
Generally, they eliminate the convoluted process of ‘arrest and charge’
Four reasons when you cannot issue a FCAN
- When strictly indictable & domestic violence offences are committed.
- For offences involving juveniles, except traffic offences when the juvenile is of licensable age.
- When the suspect is under the influence of a drug or alcohol.
- When the offender has outstanding warrants.
What is FSCAN
(Future Service Court Attendance Notices)
A Future Service CAN is another option that police have to commence legal proceedings. A Future Service CAN is particularly relevant when your investigation is incomplete.
Which FCAN copies go where?
Yellow - Defendant copy
Blue - Retained in the book
White - Service copy to court
When can a FSCAN Issued
- If you detect an offender committing an offence and you determine arrest is not appropriate or discontinue an arrest.
- If an FCAN cannot be issued at the time of the offence, or if the FCAN book is unavailable.
- The court date can be no less than 6 weeks and not more than 22 weeks in the future from the time the FSCAN was created.
- If the accused is unable to be located,
- Remember the 22-week time limit. If the accused has not been served, police need to apply to the court for an arrest warrant.
Who can issue an FSCAN
Indictable offences only:
- In person
- To another person over the age of 16 years at the residential or business address of the accused.
- To correctional centre
What is Section 197
Directions generally relating to public places.
CHOPS
Explain “relevant conduct” under LEPRA, Section 197 - Directions generally relating to public places.
(CHOPS)
C - Causing fear or likely to cause fear (as long as it would cause fear to a person of reasonable firmness)
H - Harassment / intimidation
O - Obstructing traffic person or vehicle
P - Procuring prohibited drug
S - Supplying prohibited drug
What is Section 199 of LEPRA?
Failure to comply with a direction
You have to establish that the person persisted after the direction was given
What is Section 202 of LEPRA?
Safeguards, (IPE)
Inform
Provide
Evidence
What is Section 101 of LEPRA?
Power to arrest with warrant
What is Section 105 of LEPRA?
Arrest may be discontinued
