Chap 2: Custody, bail, pros guidelines, taser and FA's

Question 1

Bail Act
Section 12 Further restrictions on bail in certain cases

Answer 1

The defendant is of or over the age of 18 years old.
(i) Is charged with sentence of 3 years or more imprisonment and
(ii) Remanded at large or on bail awaiting trial and
(iii) Has at any time previously received a sentence of imprisonment.

Question 2

Section 21 Police employee may grant bail

In determining whether it is prudent to grant Police bail to a defendant charged with a family violence offence, the Police employee must make the primary consideration

Answer 2

to need to protect—

a) the victim of the alleged offence; and
b) any particular person or people in a family relationship with the victim

Question 3

Section 23 Bail and breach of protection order

Answer 3

If a person to whom subsection (1) applies has also been charged with 1 or more other offences arising out of the same incident,
the person must not be released on bail by a Police employee under section 21

in respect of any of those offences during the 24 hours immediately following the arrest for an offence against section 112 of the Family Violence Act 2018.

Question 4

Policing Act

Section 32 Identifying particulars 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—

Answer 4

a) commits an offence; and
b) is liable on conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding $5,000, or to both.

Question 5

Section 32 Identifying particulars of person in custody

a constable who has good cause to suspect a person of committing an offence and who intends to bring proceedings against the person in respect of that offence by way of summons, may ….

Answer 5

detain that person by way of summons, may detain that person at any place-
a) in order to take the person’s identifying particulars and
b) only for the period necessary to take the person’s identifying particulars.

In this section and section 33 identifying particulars means, in relation to a person, any or all of the following:
* the person’s biographical details (for example, the person’s name, address, and date of birth):
* the person’s photograph or visual image:
* impressions of the person’s fingerprints, palm-prints, or footprints
Place includes any land, building, premises, or vehicle.

Question 6

Section 36 – Care and protection of intoxicated people
A constable who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody if—

Answer 6

a) the constable reasonably believes that the person is—
i. incapable of protecting himself or herself from physical harm; or
ii. likely to cause physical harm to another person; or
iii. likely to cause significant damage to any property;

and the const. is satisfied its not practical to take them to their residence or a temp shelter

Question 7

Evidential sufficiency and public interest tests

Answer 7

• The evidence which can be adduced in Court is sufficient to provide a reasonable prospect of conviction – the Evidential Test
• Prosecution is required in the public interest – the Public Interest Test.
• The Evidential Test must be satisfied before the Public Interest Test is considered.

Question 8

Taser

Supervisor’s action after an operational TASER use

Answer 8

Ensure that proper aftercare and appropriate medical attention where necessary is provided.

Question 9

Privacy Act and Official Information Act requests
If a request for TASER data is made under the Privacy Act 1993 or Official Information Act 1982…..

Answer 9

forward the request to the National Manager: Response and Operations at PNHQ to be actioned.

Question 10

Firearms

Section 24A (2) Fit and proper person assessment
For this purpose of this Act, A member of the police may find a person is fit and proper person to be in possession of a firearm or an airgun if they

Answer 10

• Have a sound knowledge of the safe possession and use of firearms.
• Understands the legal obligations of a holder of a firearms licence.
• Any other criteria prescribed in regulations made under section 74(1) (bc)
• Any other relevant matters the member of the police considers appropriate.

Question 11

Failure of provision of the Arms Act 1983 or regulations

To what level must it be proven..

Answer 11

• There needs to be an objective and credible basis for the belief.

The belief should be based on evidence which can be proved to the civil stand of “on the balance of probabilities”.

Question 12

Search and Surveillance Act 2012
Section 18 Warrantless searches associated with arms
A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:

Answer 12

a) search the person:

b) search anything in the person’s possession or under his or her control (including a vehicle):

c) enter a place or vehicle to carry out any activity under paragraph (a) or (b):

d) seize and detain any arms found:
e) seize and detain any licence under the Arms Act 1983 that is found.