Chapter 2 Custody, Bail, Prosecution Guidelines, Taser and Firearms Flashcards
What factors are taken into consideration when choosing the right interaction?
(4)
E-H-R,C,PI,A
- Extent of harm/Risk
- Conduct
- Public Interest
- Attitude to Compliance
s8 - Continued detention
When the dependent is to be held in custody, the court must take what into account?
F2A, I, 6D, NoO, SoE?, H, 6D H, Tb4T, P?, O, V!!
- Risk to fail to appear
- Interfere with witnesses in evidence
- Offend whilst on bail
- Nature of offence?
- Strength of evidence
- Past conduct and behavior
- History of offending on bail
- Time before trial
- Prejudice if R.I.C
- Other special matter relevant
- Victim safety
Firearms
Decisions will take into account
(6)
- Logical, timely, considered
- Evidence based
- Impartial
- Robust and documented
- Proportionate to risk
- Consistent with law public interest + values
Police is responsible for ensuring compliance with the arms act. How will Police ensure this?
LoR, PC, B.A.C
By focusing on:
- Levels of Risk
- The actual potential consequences
- Behavior, attitude + capability of licence holders
The assessment of a person fit + Proper status requires a 2 stage approach.
What are the 2 stages?
- Whether a flick holder has been involved in specific behaviors, offending, circumstances
THEN:
- Severity + recently of circumstances individually then as a whole
Firearms(Has Failed)
What factors should be considered when deeming a fit and proper person?
SoF, C, ToB
Seriousness of failure:
- Type of conduct
- Specific conduct alleged
Circumstances:
- Recency, asses all info, other factors?
Totality of behavior:
- Multiple incidents?,breaches, history of compliance/non-compliance/risk of harm/Esculation
Firearms
What are some interventions that Police will utilise?
I, W, IN, PC, S. R
- Provide information
- issue warning letters
- improvement notice
- prescribe conditions
- issue temporary suspension
- revoke licence
Firearms
Police aim to do what to get people up to scratch?
MCE, A, EC, FF
- Make compliance easy
- Assist trying to comply
- Encourage compliance through interventions
- Use full force to those who dont want to comply
Firearms
If established a person has failed, before a licence holder can be unfit, Police should consider what?
- Severity and recency of circumstances individually
- Collectively when considered overall. All matters deemed relevant
Firearms
Police must reasonably believe what to think about acting on a flic?
(3)
IF, HF, L2F
- Is failing
- Has failed
- is likely to fail
- TO COMPLY WITH THE ACT
Firearms
s24A(2)
IMPORTANT
A person maybe deemed a fit and proper person to posses a firearm if the following are taken into account. What are they?
SK, U, 74, O
APPLICANT HAS:
- sound knowlledge of safe possession + use of firearms.
- Understands legal obligation of FLIC holder
- Criteria under 74(1)(bc)
- Any other relevant info
Firearms
s24(1)(a) - ( )
IMPORTANT:
There are a raft of reasons a person is deemed unfit to hold a FLIC set out in the above reaction.
What are they?
Police may find a person unfit to possess firearm if:
- Charged/Convicted imprisonable
- Charged/Convicted under Arms Act
- Charged/Convicted 231A Crimes Act
- Charged/Convicted Game animal council
- Charged/Convicted Wildlife Act
- Charged/Convicted Wildlife Animal Control
- Temp Protection Order
- Inflicting family harm
- Restraining Order
- Non-Compliance of Arms Act
- 1M, Physical Illness
- Alcohol abuse/Drugs/Gang
- Hate extremism/National security
Firearms
What are some barriers people face in operating firearms?
(3)
L.A, U, C
- Lack of awareness
- Understanding
- Capability
Firearms
Police must deem a person a fit and proper person to operate firearms.
This will be reviewed when they demonstrate what?
UB, N-C, LoJ, PD-M
- Unlawful, dangerous, unsafe behavior
- Non-compliance
- Lack of judgement
- Poor decision making
What are the elements in an Evidential test?
(6)
I.D, CE, E4P, XC, BRD, CO
- Identifiable individual
- Credible evidence
- Evidence that prosecution can produce
- Could reasonably be expected to be satisfied
- Beyond reasonable doubt
- Commission of a criminal offence