Communication & Ethics Flashcards
This deck covers the important content in the Communication & Ethics topics.
When is a police officer lawfully on private premises?
Section 9
- Invitation by lawful occupier
- Consent given in writing
- Prevent a breach of the peace
- To arrest / detain
- Implied right to the front door
- To execute crime scene / other warrant
- Unbroken pursuit of offender
What section of the Crimes Act, LEPRA & the Evidence Act protect human rights?
Section 431 - Crimes Act
Section 99(1) - LEPRA
Section 138 - Evidence Act
Under the Mental Health Act what is the difference between a mental disordered person & a mentally ill person?
A mental disorder may be temporary or just a disturbance brought about by a specific incident & may pass.
A mental illness is a diagnosed medical condition.
“Immediate risk” is a provision for using your firearm. What does this mean?
That the risk is immediate & imminent, & it is going to happen if you don’t take immediate action.
Homeless people should be left alone unless?
- They request assistance.
- They appear to be distressed or in need of assistance.
- Their behaviour or where they are seeking shelter threatens their or others safety.
What are the three types of conflicts of interest?
- Actual = Between professional & personal
- Perceived = Seen by others as a conflict
- Potential = Private interest interferes with professional
What is the mission of police?
(VCF)
To work with the community to reduce Violence, Crime & Fear.
(Police Act, Section 6(1))
Negligence occurs when an action was…?
- Foreseeable
- Not insignificant
- In the circumstances a reasonable person in that person’s position would have taken those precautions
Name three articles where an officer may be justified in breaching human rights.
3, 9, 12
Define reasonable force?
The minimum amount of force necessary to achieve the objective.
Do you have the power to search mentally ill people?
Yes, under Section 81(4) of the Mental Health Act.
Four rules of assertiveness
- Be honest
- About what’s relevant
- Stick to your bottom line
- Negotiate on equal terms
Legal obligation to report misconduct.
Section 211F of the Police Act 1990.
What are the sources of discretion?
- Original authority (Common law)
- Statute law
Explain the SELF test
S - Scrutiny - would your decision withstand scrutiny from the NSWPF & the community
E - Ethical - is your decision ethical
L - Lawful - Does your decision comply with the law
F - Fair - is your decision fair
what are the three tests for admissible evidence?
- Relevant
- Reliable
- Fair
What is inference?
- Leaping to conclusions
- Making assumptions
Difference between discrimination & vilification
Discrimination - someone is treated unfairly because they belong to a particular group or have a particular set of characteristics.
Vilification - Public act that incites others to hate, have serious contempt of severe ridicule.
The hierarchy of secondary identification methods in order are..
- Crowd scene
- Picture identification
- In court
Negligence means a failure to exercise reasonable care & skill.
What act supports this?
Civil Liability Act 2002, Section 5
What are four layers of diversity?
- Personality
- Internal
- External
- Organisational
What are the three processes involved in memory?
- Encoding
- Storage
- Retrieval
The definition for a Aboriginal or Torres Strait Islander person comes from what Act & Section.
LEPRA, Section 3
Four reasons to arrest?
- Arrest for an offence (LEPRA)
- Arrest by virtue of a warrant (LEPRA)
- Arrest for a breach of the peace (Common law)
- Arrest by virtue of a specific power
Explain the victim / witness follow up process…
- Ensure the victims receives an event number & victim card.
- Ensure the victim is followed up within seven days.
- Ensure that when matters become cases, you continue to keep the victim/ witness informed of developments during investigation & the lead-up to the court date (at least every 28 days)
- Comply with the charter of victims rights.