CH 2 - Custody Flashcards
s.32 ID of person in custody
A person who, after being cautioned, fails to comply with a direction of a constable exercising his or her powers under this section commits an offence and is liable on conviction to? (3)
- Imprisonment for a term not exceeding 6 months
- A fine not exceeding $5,000, or
- To both.
s.32(2) Policing Act 2008 A constable may take the identifying particulars of a person who is in the _______ custody of the Police if that person is detained for committing an offence and is— (what 2 places?)
- Lawful
- at a Police station or
- At any other place being used for Police purposes
What does s.32 & s.33 PA2008 (Identifying particulars of person in custody) & (Identifying Particulars for Summons) enable Police to do? (3 points)
- obtain information
- may be used now or in future by
- police for lawful purpose
s.32 PA2008 A constable— (a) must take the person’s identifying particulars in a manner that is __________ in the circumstances; and (b) may only use __________ _____ that may be __________ to secure the person’s identifying particulars.
- (a) reasonable
- (b) reasonable force
- (c) necessary
In s.32 & s.33 PA2008 what does the terms ‘identifying particulars’ and ‘place’ refer to? (4)
- Biographical details (name, address, DOB)
- Photograph or visual image
- Impressions (fingerprints, palm-prints or footprints)
- Place: includes any land, building , premises or vehicle
S.36(1) PA2008 relates to the care and protection of intoxicated people when found in two situations.
Where do they apply? (2)
- In a public place
- While trespassing on private property
When an intoxicated person is detained under S.36(1)PA2008, how long can they be held for?
released as soon as sober no longer than 12 hours from first detained (12 hours more if doctor recommends)
Under S.36(2)PA2008, when dealing with an intoxicated person, what must the officer reasonably believe before detaining them? (3 points)
- Incapable of protecting self from physical harm
- Likely to cause physical harm to others
- Likely to cause physical damage to property
S.36(3)PA2008, before a health practitioner can recommend an intoxicated person be detained for an extended period, what must they be satisfied of? (4)
- Still intoxicated
- Protecting from physical harm (self & others)
- No health needs requiring attention
- Shelter or own residence not practical
Under S.36(4)PA2008, INTOXICATED means observably affected by _______, other _____ or _________ to such a degree that their S______, B_______, C___________, or B________ is clearly impaired
- Alcohol
- Other drugs or substances
- Speech, balance, co-ordination or
- Behaviour
Under S.36(4)PA2008, what is
- Not Temporary Shelter
- is Temporary Shelter
A place (not police) capable of providing care and protection of intoxicated person
Where does the power to detain a person and take them into custody under S.36PA2008 come from?
S.31 Crimes Act 1961 “…as if the power were a power to arrest.”