Brainscape test deck Flashcards
Section 4
Reasonable Suspicion: For the purposes of this Act, a person reasonably suspects
something at a relevant time if he or she personally has grounds
at the time for suspecting the thing and those grounds (even if
they are subsequently found to be false or non-existent), when
judged objectively, are reasonable.
Section 5 (1)
Things relevant to an offence:
(1) For the purposes of this Act, a thing is a thing relevant to an
offence if it is reasonably suspected that —
(a) the thing has been, is being, or is intended to be used for
the purpose of committing an offence;
(b) the thing has been obtained by the commission of an
offence;
(c) an offence has been, is being, or may be committed in
respect of the thing;
(d) the thing is or may afford —
(i) evidence relevant to proving the commission of
an offence or who committed an offence; or
(ii) evidence that tends to rebut an alibi.
Section 5 (2)
For the purposes of this Act, a thing relevant to an offence may
be material or non-material, animate (other than human) or
inanimate.
Section 6
Other written laws, this Act’s relationship with
(1) Unless the contrary intention appears in this Act or another
written law —
(a) this Act does not affect the operation of any other
written law; and
(b) the powers conferred by this Act on a person are in
addition to and do not derogate from any powers
conferred on the person by any other written law.
Section 7
Common law, this Act’s relationship with (1) Subject to this section, a police officer has the powers, duties and responsibilities that a constable has under the common law. (2) If this Act confers a power, duty or responsibility on a police officer that the officer also has by reason of subsection (1), the power must be exercised and the duty or responsibility must be performed in accordance with this Act. (3) If there is an inconsistency between a provision of this Act and a power, duty or responsibility that a police officer has by reason of subsection (1), the provision of this Act prevails.
Section 8A
Authority required for some investigations This Act is subject to the Criminal Appeals Act 2004 section 46C.
Section 8
Officer’s powers as individual not affected Unless this Act provides otherwise, it does not affect any power that an officer may lawfully exercise in common with any other citizen.
Section 9 (1)
Public officers may be authorised to exercise powers (1) For the purposes of this Act and in particular the definition of public officer in section 3(1), another Act or the regulations made under this Act may prescribe — (a) an office to which people are appointed under a written law for a public purpose and the functions of which are or include investigating or prosecuting offences; and (b) in respect of that office, some or all of the powers in this Act that a holder of that office may exercise, being powers that this Act expressly provides may be exercised by a public officer.
Section 10
Informing people who do not understand English If under this Act an officer is required to inform a person about any matter and the person is for any reason unable to understand or communicate in spoken English sufficiently, the officer must, if it is practicable to do so in the circumstances, use an interpreter or other qualified person or other means to inform the person about the matter.
Section 11
Officers’ duty to identify themselves (1) If this Act requires an officer to identify himself or herself to a person the officer must — (a) if the officer is a police officer — (i) give the person the officer’s official details; and (ii) if the officer is not in uniform, show the person evidence that the officer is a police officer;
Section 12
Delegation by officers (1) An officer may delegate the performance of a function of the officer under this Act, other than this power of delegation, to another officer. (2) If an officer delegates the performance of a duty imposed on the officer by this Act to another officer, he or she must ensure that the other officer performs the duty.
Section 13
Warrants and orders, applying for
Section 14
When powers may be exercised The powers in this Act may be exercised at any time of the day or night, unless it is expressly provided otherwise.
Section 15
Assistance to exercise powers (1) A person who may exercise a power in this Act may authorise as many other persons to assist in exercising the power as are reasonably necessary in the circumstances.
Section 16
Force, use of when exercising powers (1) When exercising a power in this Act, a person may use any force against any person or thing that it is reasonably necessary to use in the circumstances — (a) to exercise the power; and (b) to overcome any resistance to exercising the power that is offered, or that the person exercising the power reasonably suspects will be offered, by any person. (2) If under subsection (1) a person uses force, the force may be such as causes damage to the property of another person. (3) Any use of force under subsection (1) against a person is subject to The Criminal Code Chapter XXVI.
Section 17
Animals, use of by officers exercising powers (1) An officer who is exercising a power in this Act, or using force under section 16, may use an animal to assist if — (a) the animal has been trained for the purposes for which it is used; and (b) use of the animal is reasonably necessary in the circumstances. (2) Subject to section 16(2) and (3), an officer who uses an animal to assist with exercising a power in this Act must take all reasonable measures to ensure the animal does not injure any person or damage any property.
Section 18
Roadblocks, use of to stop vehicles. (2) If a senior police officer reasonably suspects —
(a) that it is necessary to exercise a power in another section
of this Act to stop a vehicle; and
(b) that the vehicle is on a road; and
(c) that a roadblock is necessary to facilitate the exercise of
that power,
How long can a senior police officer have a road block in place?
6 hours, but it can be renewed