Comms Part 3 Flashcards
What is police discretion ?
is enabled through Original Authority - the Common Law principle that the powers that have been vested in the police by the public can only be exercised at their will and cannot be exercised by them at the direction of another
Why the Law allows police to exercise discretion?
To uphold the spirit of the law, rather than simply the letter of the law
Laws cannot conceive every possible situation and still remain workable
The community as a whole does not always want the law enforced
A law breaker’s intent is not always deliberate or evil.
Give an example of how you could use your discretion in this situation?
Depending on the circumstances and the information available at the time, you could consider the following as examples:
Take no action at all, as his actions may be deemed to be reasonable in the circumstances.
Issue the male person with a Warning
Issue him with a Criminal Infringement Notice (CIN)
Appropriate discretion what are they ?
ignores irrelevant facts takes account of relevant facts has consistency is based on rationality is applied in good faith
Inappropriate discretion what are they ?
ignores relevant facts takes account of irrelevant facts is applied inconsistently is based on irrationality, emotion or how you are feeling is applied in bad faith
What is the impact on police not using discretion ?
The police officers would be obliged to stop and take action
They would have to pursue each incident according to law only, with no other outcome available
They would not have the ability to prioritise incidents according to their seriousness
The court and legal process systems would be overloaded
What are the benefits if the police are to use discretion?
Police officers have the ability to make an appropriate decision, based on relevant facts, to achieve an outcome which:
favours the community
allows them to focus on more serious offences or incidents
reduces the burden on the criminal justice system
What are the 2 sources of discretion ?
Common and Statute Law
Define misconduct ?
Misconduct is an intentional breach by an officer of NSW Police Force policy, a stringent guideline or a legislatively based duty or requirement.
What is the section to report police misconduct ?
Section 211F (1) Police act 1990
What is moral courage in the NSWPF?
Going against what a fellow officer expects or even demands requires moral courage.
