Basic Summative Flashcards
Case Law
Clarification by a Judge over the correct meaning of words, phrases or sections of an Act or Statute
Caution Rights
You have the right to remain silent, you do not have to make any statement. Anything you do say will be recorded and may be given as evidence in court. You have the right to speak to a lawyer without delay and in private before answering any questions. Police have a list of lawyers you may speak to for free
Assault
Acts of intentionally applying force or attempting to apply force to the person of another, directly or indirectly,
or threatening by any act or gesture to apply such force to a person of another,
if the person making the threat has, or causes the other to believe on reasonable grounds that they have the present ability to effect their purpose
Burglary
Being cunning, skilled or artful to gain entry to any building or ship. Still has an absence of authority even if the owner has let them in. Aggravated if person has or uses a weapon either immediately before or at the time of the offence.
Robbery
Theft accompanied by violence or threats of violence either immediately before or at the time of the offence. Aggravated by 2 or more people, causing GBH or an offensive weapon is involved.
Motor Vehicle
A vehicle drawn or propelled by mechanical power (including trailers)
Road
Street, motorway, beach, bridge, culvert or anything forming part of a road, or a place to which people have access, and all sites at which vehicles can be weighed under the act
Section 113 LTA 1998
General Roadway Related Powers
DIMDOD
Demand personal details
Inspect test or examine brakes or any other part of vehicle
Move or authorise person to move any obstructing vehicle
Direct driver to move vehicle
Order unlicensed driver not to drive
Direct traffic
EBA Limits
More than 400mcg/l breath or 80mgm/100ml blood for drivers over 20
More than 150mcg/l breath or 30mgm/100ml blood for drivers under 20
Why To Arrest Over Summons
WEEP Witness safety Ensure court appearance Evidence protection Prevent further offending
Resisting Vs Obstructing Offences
Resisting offences for people under arrest and using opposing force
Obstruction for before arrest - physically obstructing, Delaying, Warning offenders, Refusing to obey, Telling lies
Public Place
A place that at any material time, Is open to or being used by the public, Whether free or on payment of a charge, and whether any owner or occupier is lawfully entitled to eject that person.
Includes any aircraft, hovercraft, ship, ferry, other vessel, train or vehicle that is carrying or able to carry passengers. Also includes interior of any vehicle in a public place
Situation Control
AWOCA Ask question Why are you there Options to person Confirm questions Action via TOF
Sudden Death & Coroners Act 2006 - Deaths Reported To Coroner If….
SCUMBIE Suicide Cause unknown Unnatural or violent Medical, dental ops Birth deaths Institutional deaths Enactment ; CYP, Army
Powers Of Entry
Informed Consent Arrest warrant Search warrant Specific statutory power; Arms act, Misuse of drugs act, Land transport act, crimes act Statutory authority