Chapter 2: Firearms, TASER, SD, Policing Act 2008, Victims

Question 1

Firearms intervention principles

Compliance interventions: Decision-making

Answer 1

Firearms intervention principles
Compliance interventions: Decision-making

• logical, timely and considered
• evidence-based
• made impartially and without fear, favour, bias, prejudice or improper motive
• sufficiently robust and well documented, to withstand judicial review
• proportionate to the risk posed by the non-compliance behaviour
• consistent with the law, the public interest and Police policies and values

Question 2

Firearms intervention principles

The range of interventions available enables Police to:

Answer 2

Firearms intervention principles
The range of interventions available enables Police to:

• provide information and educational material to firearms licence applicants
• issue warning letters
• issue an improvement notice requiring corrective action if the licence holder is failing, has failed or likely to fail to comply with a provision of the Arms Act 1983, or regulations made under this Act, or any conditions on a licence, an endorsement, or a permit
• prescribe conditions on a dealer’s or firearms licence
• issue a notice of temporary suspension or notice of consideration of revocation of a firearms licenece
• revoke a firearms or dealer’s licence, or an endorsement

Question 3

POLICING ACT 2008 SECTION 36(1)

Care and protection of intoxicated people

Answer 3

POLICING ACT 2008 SECTION 36(1)
Care and protection of intoxicated people

• a constable find a person intoxicated in a public place or while trespassing on private property
• may detain and take that person into custody; if
• the constable believes the person is incapable of protecting himself from physical harm or
• cause physical harm to another person or cause significant damage to property
• is satisfied that it is not reasonably practicable to take the person home or temporary shelter

Question 4

POLICING ACT 2008 SECTION 36(2)

Care and protection of intoxicated people

Answer 4

POLICING ACT 2008 SECTION 36(2)
Care and protection of intoxicated people

• a person detained must be released as soon as the person ceases to be intoxicated
• must not be detained longer than 12 hours after being detained unless
• a health practitioner recommends that the person be further detained for a period not exceeding 12 hours