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
s7
When is a defendant bailable as of right?
- Charged with offence NOT punishable by imprisonment
- Charged with an offence less than 3 years imprisonment (not FV related offence)
s7
When is a defendant NOT bailable as of right?
- Defendant charged with F.V offence, BOPO, MAF, etc
- Charged with offence punishable by death or life
s10
(1) Under section 10 if defendant is 18yrs or older and charged with offence and is convicted for 1 or more specified offences
(1A) Defendant is 17yrs+ the above also applies
Who can grant bail?
District Court Judge or Higher
What are some examples of specified offences?
Sexual Murder Manslaughter Attempted Murder Wounding Injures Firearm at cop Kidnapping Agg Burg Robbery Agg Rob Assault with intent to Rob
s12
Defendants can only be bailed by Judge under s12, What does this say?
s12(1)(a) - 18yrs+
- Charged imprisonable 3yrs+
- On bail for offence 3yrs+
- Previous sentence if imprisonment
s12(1)(b) - 18yrs+
- Charged imprisonment 3 yrs+
- 14+ sentences imprisonment
- Convicted offence with offence 3yrs+ imprisonment
s16
If defendant charged with Drug dealing.
Who can grant bail?
District or High Court Judge
s21
If Police arrest without warrant and decides to bail on F.V offence.
What must Police Consider?
- Need to protect the victim of the offence. Any particular person or people in F.V relationship.
s21A
If Police grants Police bail, a bail bond must have what?
- Defendants full name
- The charge
- Bail conditions
- Time, date, place to attend court
- Be dated and signed
- Give a copy to defendant, and Defendant understands notice
WITHIN 14 DAYS
IF ADD OTHER BAIL 7 DAYS
s23 - B.O.P.O
What is the go with B.O.P.O offences
Police not to bail + defendant to go to Court within 24 hours.
When executing an arrest warrant
What must a Police do?
- have a copy
- Produce it on entry
- If not in uniform produce I.D
R Vs BRYANT (2001)
Police K9’d male for masturbating in Park. Was going to bail but was interviewed again, charged with more offences and RIC after bail opposed.
What did the court rule?
Appealed Dismissed
What are defined as I.D particulars?
- Persons name, DOB, address
- Photograph or visual image
- Fingerprints, palm, footprints
s33
If you decide to summons, the defendant is obliged to provide what?
- ID particulars, name etc
- May use force
- If refuse can K9
s36 1K Person
If a person is 1K in Public or on private place while trespassing, Person is incapable of protecting self, may cause harm to others, risk to property, how long can we detain?
12 hours
also if taking home is not reasonable
- Must release when no longer 1K
- Only medical staff can extend detain time
What is the definition of intoxicated?
affected by alcohol, other drugs or substances where speech, balance, coordination or behavior is impacted
What are the 2 tests the Prosecution undertake?
Evidential
Public Test
Which is above the other?
Evidential or Public?
Evidential
Where will the Prosecution NOT Prosecute?
Insufficient Evidence + NOT in Public interest
What should a supervisor do when a Taser is deployed?
- Consult with Taser operator
- Ensure proper aftercare
- Ensure scene is preserved
- Subject examined by medical practitioner + they complete Pol42 med form.
- Fill out Taser register
- TOR
- Uploads footage
- Review footage
What do you do in a Taser show only?
- operator TOR report
- Fill out log
- Upload footage
- Debrief and review footage
What are some considerations in the Public test?
- Seriousness of offence
- Serious/significant violence
- Offence going to be repeated? History?
- Defendants History
- Defendant committed offence on bail etc
What is the Jim Test?
- Is that Milk bill getting outrageous
- How much Milo is enough
- Is shift work dependent on tides?
- Is Uncle answering your texts anymore?
