Crime and Policing

Question 1

Why do we allow police to use discretion?

Answer 1

1: no laws cover every situation
2: limited resources make it hard to enforce all laws all the time
3: strict enforcement can be harsh in certain circumstances

Question 2

Why was there a Royal commission in to the NSW Police Service?

Answer 2

To the investigate allegations of corruption and misconduct by the NSW Police Service.

Question 3

The Royal Commission into the NSW Police Force found that there had been little emphasis on:

Answer 3

Ethics or integrity at the training academy.

Question 4

What changed to the NSW Police Force training after the Royal Commission?

Answer 4

• There was grater emphasis on ethics and integrity
• candidates are now trained by people from both the police academy and people from other related professional backgrounds.

Question 5

What is proactive policing?

Proactive policing deals with:

Answer 5

crime prevention through strategies to deter deviance and setting a culture of compliance with the law.

Question 6

How has proactive policing been seen to be successful?

Answer 6

Through reducing crime rates using strategies such as bail checks and fast action on anti-social/poor behaviour.

Question 7

Proactive policing has also been criticised for leading to biased and abusive policing practices, how?

Answer 7

For targeting certain social categories such as youth, who it can have a negative effect on. It can lead to youth having unhealthy relationships with police and authority.

Question 8

What is the purpose of an arrest?

Answer 8

To bring a person before a court so the can be dealt with according to the law.

To start the criminal justice process.

Question 9

If there is a way of bringing a person before the court without arrest the police should do so.

True or False?

Answer 9

True

Question 10

Officers in NSW have the power to arrest with and without a warrant.

True or False?

Answer 10

True

Question 11

Making an arrest without a warrant is more common, but can cause:

Answer 11

More legal problems for the police.

Question 12

What does the acronym LEPRA stand for?

Answer 12

Law Enforcement (Powers and Responsibilities) Act 2002

Question 13

If a police officer tells a person they are ‘not free to go’ the law may consider that:

Answer 13

The person is under arrest, even if the officer did not think they had make an arrest.

Question 14

Police have the discretion and power to deal with offences in the following ways:

Answer 14

• to do nothing
• to give an informal warning
• to give a penalty or infringement notice
• to give a notice to appear in court
• to arrest an offender
• use the alternatives to arrest under the Young Offenders Act (for a child/young person)

Question 15

What is a ‘CAN’?

Answer 15

A Court Attendance Notice.

Question 16

What is a ‘CIN’?

Answer 16

A Court Infringement Notice.

Question 17

A person can be arrested for a breach of the peace, which means:

Answer 17

When harm is actually done or is likely to be done to a person, their property or their is fear of being so harmed.

Question 18

A Court Infringement Notice is also known as an:

Answer 18

On the spot fine.

Question 19

What are some offences that could lead to a CIN?

Answer 19

• traffic offences
• Offensive language
• offensive behaviour
• intoxicated and disorderly conduct

Question 20

What is a Field CAN?

Answer 20

A Field CAN is similar to a CAN but is usually given away from a police station.

Question 21

Under LEPRA, police do not have the power to personally search a person without a warrant.

True or False?

Answer 21

False.

Police do have to power to personally search a person under LEPRA.

Question 22

A police officer has the power to search without a warrant if they suspect, on reasonable grounds, that a person has in their possession/ control:

Answer 22

• anything stolen or unlawfully obtained
• anything intended to be used in connection with a relevant offence
• in a public place, a dangerous article that is or was being used in connection of a relevant offence.
• a prohibited plant or drug

Question 23

What is negligence?

Answer 23

Failure to take reasonable care to avoid causing injury or loss to another person.

Question 24

Negligence involves the concepts of:

Answer 24

• Duty of care
• foreseeable damage
• Causation