Chapter 2 - Police Act 2008, Victims' Rights Act 2002 Flashcards
According to Police Act 2008 section 32, a constable may do to a person who is in the lawful custody of the police if that person is detained for committing an offence and is at a police station or at any other place being used for police purpose?
A constable may take the identifying particulars of that person.
What if the person refused to give his/her identifying particulars?
A constable
a) Must take the person’s identifying particulars in a manner that is reasonable in the circumstance
b) Use reasonable force that ay be necessary to secure the person’s identifying particulars.
What is identifying particulars means?
a) The person’s biographical details (name, DOB, address)
b) The person’s phytography or visual image
c) Impression of the person’s fingerprints, palm-prints, or footprints.
According to Police Act 2008 section 36, care and protection of intoxicate 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
a) the constable reasonably believe that the person is:
- incapable of protecting himself or herself from physical harm or
- likely to cause physical harm to another person; or
- likely to case significant damage to any property
b) the constable is satisfied it is not reasonable to provide for the person’s care and protection by taking the person home or taking the person to a temporary shelter.
A person being detained being intoxicated must be released if
a) The person ceases to be intoxicated.
b) The person was detained longer than 12 hours unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.
If Victim is a child, is his or her parent a victim too?
Yes. Section 4 of Victims’ rights act 2002 Interpretation.
According to Victims’ rights act 2002 Section 7, any person who deals with a victim should:
a) Treat the victim with courtesy and compassion and
b) respect the victim’s dignity and privacy.
A victim must, as soon as practicable, be given information by investigating authorise or, as the case require, by who about court case update?
members of court staff or the prosecutor. Police are legally obliged to inform victim promptly as the progress of the investigation, the reasons for decision made and the progress of the proceeding.
What is the purpose of Victim impact statement?
is to-
a) Enable t he victim to provide information to the court about the effects of offending;and
b) Assist the court in understanding the victim’s views about the offending; and
c) Inform the offender about the impact of offending, from the victim’s perspective.
What are the information needs to be ascertained from victim in the Victim impact statement?
a) Any physical injury or emotional harm.
b) any loss of property
c) any effects of the offence on the victim
d) any other matter consistent with the purpose of VIS
