Cpk Extras Flashcards
Section 30: Road Block SASA 2012. What powers do you have
If you are a SENIOR constable (A/Sergeant or Sergeant and above) you can authorise a Road Block if you have RGTS:
1. A person is committed an Imprisonable offence or is Unlawfully at large and
2. RGTB that person is in or on that vehicle
3. RGTS the vehicle will travel past the place where the road block is established.
SASA 2012 Section 31: Duration and record of Warrantless Road Block authorisation
The road block is valid for an initial period not exceeding 24hours. It maybe renewed from time to time by a DC judge for a single period not exceeding 24 hours specified in writing by the judge
If you authorise a road block you must keep a written record of:
- the location
- the period(s) for and grounds for which authorisation was granted or renewed
Policing Act 2008: Section 35 Temporary closing of roads. What’s the reason and what power does this give?
A constable may temporarily close to traffic any road, part of road, leading to or from or in the vicinity of a place if REASONABLE CAUSE TO BELIEVE that:
- public disorder exists or is imminent at or near that place OR:
- danger to a member of the public exists or may Reasonably be expected at or near that place; or
- an offence punishable by 10 or more years imprisonment has been committed or discovered at or near that place.
Note: TEMPORARILY means period that is reasonably necessary in the circumstances.
TRAFFIC means all or any specified traffic ( Includes pedestrian traffic)
Land transport Act 1998 Section 121. Enforcement officer may immobilise vehicle in specified circumstances. What does this cover?
Enforcement officer has RGTB that:
1. a person by physical or mental conditions is incapable of having proper control of a vehicle: OR
2. has not completed a satisfactory impairment test when required to do so (71F) OR:
3. Fails or refuses to undergo a compulsory impairment test (71F)
4. Or failed or refuses to permit a blood specimen when required to do so OR:
5. The requirements concerning work time or rest time are not being complied with AND
In ALL circumstances (stated above) the direction/prohibition/action is necessary
The enforcement officer may
1. Forbid that person to drive a M/V for such a period they specify
2. Direct the person to drive the vehicle to a specified place so the driver rest
3. Take possession of all ignition or other keys of vehicle and require that person to surrender immediately such keys
4. Take steps to immobilize the vehicle or to remove it to a place where it’s not a traffic hazard.
5. May arrest without warrant person who fails to comply with a direction.
LTA 1998 Section 121A. Relates to breach of certain Drivers license conditions. What does this cover?
If an enforcement officer
Believes on Reasonable Grounds that a person who is for the time being in charge of a M/V has breached any condition of a learners license or a Restricted license held the enforcement officer may
1. Forbid that person to drive a M/V until they are able to comply with their learners or Restricted license
2. Direct the person to drive to a specified place (example. Their home)
3. Take possession of all ignition or other keys of the vehicle and require the person to immediately surrender all such keys
4. Take any steps necessary to make the M/V immobile or move it to a place where it does not constitute a traffic hazard
The enforcement officer may arrest without warrant a person who fails to comply with the above direction
Note:
The power to take possession(KEYS) or immobilize the M/V continues until
- the driver is able to drive the vehicle without breaching their licence conditions
- another person is able to drive the vehicle without breaching that person license/any enactment.
LTA 1998 Section 114. What does this mean?
An enforcement officer may require the driver of a vehicle to remain stopped as long as reasonably necessary (no longer than 15 minutes)
And
1. Give his or her full name, full address, DOB, occupation, telephone number, or such of those particulars and
2. State whether or not he is she is the owner and:
3. If not the owner give the name and address of the owner or such particulars within the drivers knowledge as may lead to the identification of the owner
4. The driver of the vehicle is not required to remain stopped if police vehicle does not itself stop in the near vicinity of the place were the driver stopped.
5. Enforcement officer may arrest a person if they have Good cause to suspect the person of having
- failed to comply with this section or a signal or request or requirement under this section or
- Given false or misleading information under this section
Rules of evidence fall into 3 main categories. What are they?
- How evidence may be given
- Who may give evidence
- What type of material may be given in evidence
How can evidence be given?
Evidence may be in oral, written or visual form
Evidence Act 2006: what is the purpose of section 6?
Section 6 (purpose of act) aims to “ help secure the just determination of proceedings”.
Search and Surveillance 2012
What is the requirement for Section 125 regarding the Search of a Person
- Must IDENTIFY himself or herself either by name or unique identifier; AND
- Must state the ENACTMENT under which the search is taking place (eg S&S Act 2012)
- State the REASON for the search
- If not in police UNIFORM, Must provide evidence of his or her identity; AND
Note: may detain the person to enable the search to be carried out but only for as long as necessary to achieve that purpose.
Search and Surveillance Act 2012
Section 131 relating to identification and notice requirements for person exercising search power?
A person exercising a search power must before entry into a place to be searched-
1. Announce intention to enter under a statutory power; AND
2. Identify themselves either by name or unique identifier; and
3. If not in police uniform produce ID of his or her identity; AND
4. Provide the occupier of the place or the person in charge of vehicle or other thing with a copy of the search warrant OR
If exercised without a warrant, name the enactment under which the search is taking place and the reason for the search under the enactment unless it is impraticable to do so in the circumstances.
