Chapter 2: Policing Act 2008

Question 1

Policing Act S32 - Identifying particulars of person in custody. A constable may take their particulars if person in lawful custody is detained for committing an offence. Where can this happen? (2 places)
What if person fails to comply?

Answer 1

At a police station or at any other place being used for Police purposes. Place includes any land, building, premises or vehicle.

Commits offence if fails to comply, reasonable force to secure identifying particulars

Question 2

S33 - Identifying particulars for summons a constable who has good cause to suspect a person of committing an offence and intends to bring proceedings against them by way of summons may detain that person at any place in order to what? (2)

Answer 2

• take their identifying particular
• and only for the period necessary to take the person identifying particulars.
  Commits offence if fails to comply, reasonable force to secure identifying particulars

Question 3

S 32 (5) Policing Act. What are identifying particulars? (3)

Answer 3

Persons:
- Biographical details - name address dob,
- Photograph of visual image
- Finger prints, palm-prints and foot print
Note: Place includes any land building, premises or vehicle.

Question 4

S36 - A constable who finds a person intoxicated in a public place or while trespassing may detain and take a person into custody if they reasonable believe that the person is what?

Answer 4

• Incapable of protecting himself from physical harm
• Likely to cause physical harm to himself/others
• Likely to cause property damage.

Question 5

S36 Intoxicated people. If reasonably practicable, can be taken where?

Answer 5

place of residence, temporary shelter

Note if not reasonably practicable to provide for care here , then ok to place in custody.

Question 6

S36 (2) A person detained under S36(1) intoxicated must be released when?

Answer 6

Soon as person ceases to be intoxicated

Must not be detained longer than 12 hours unless recommended by Health practitioner.

Question 7

Section 36 - define intoxicated

Answer 7

observably affected by drugs, alcohol or substances to degree balance, speech, coordination, behaviour impaired

Question 8

Section 36 - define temporary shelter

Answer 8

place for care and protection of intoxicated person, not operated by Police