CRIMES ACT 1961 Flashcards

1
Q

Section 48(Crimes Act 1961)

A

Self defence or defence of another

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2
Q

Section 40(Crimes Act 1961)

A

Prevent person from trying to avoid arrest or trying to escape after arrest or rescue.

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3
Q

Section 41(Crimes Act 1961)

A

To prevent suicide or certain offences.

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4
Q

Section 48(Crimes Act 1961)

A

Self defence or defence of another (you must believe)

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5
Q

Section 62(Crimes Act 1961)

A

Everyone authorised by law to use force is also criminally liable for any excess, according to the nature and the quality of the act that constitute the excess.

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6
Q

Section 7(Victims Rights 2002)

A

Police must show courtesy, compassion and respect for the victim’s dignity

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7
Q

Section 8(Victims Rights Act 2002)

A

Victims and families should have ACCESSS to welfare, health, counselling and other services.

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8
Q

Section 11(Victims Rights Act 2002)

A

Police, officers of the court & health/social services MUST INFORM victims of services available.

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9
Q

Section 12(Victims Rights Act 2002)

A

Prosecuting authority must advise of
-Progress of investigation
-Charges laid and action taken
-Date and place of proceedings
-Role of victim as a witness
-Outcome of proceedings

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10
Q

Section 51(Victims Rights 2002)

A

A person’s property (other than the defendants) held for evidence must be returned promptly when no longer required for evidence.

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11
Q

Section 21(Bill of Rights Act 1990)

A

Every person should be Secure against Unreasonable search or seizure of their person.

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12
Q

Section 22(Bill of Rights Act 1990)

A

Every person is protected from arbitrary or random arrest or detention.

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13
Q

Section 23(Bill of Rights Act 1990)

A

Anyone arrested or detained must be given their Caution Rights.

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14
Q

Section 24(Bill of Rights Act 1990)

A

Anyone charged with an offence my be given their Caution Rights.

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15
Q

Statues?

A

An act of parliament or legal document that set out the legal rules.

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16
Q

Doctrine of Precedent?

A

Lower courts are bound by the decision reached in higher courts, but courts of equal status are not bound to follow may do so if they deemed prudent.

17
Q

Hierarchical Structure from lower to high?

A

Supreme Court
Court of Appeal
High Court
District Court

18
Q

Systematic Approach?

A

VAWSEEPO

19
Q

K1?

A

No action required.

20
Q

K3?

A

Reported offence, non found, close.

21
Q

K6?

A

Written report to be submitted, close.

22
Q

K9?

A

Person arrested, close.

23
Q

10-1?

A

Message for all units.

24
Q

10-2?

A

En-route or on the way to event.

25
Q

10-3?

A

Free for dispatch.

26
Q

10-7?

A

Arrived at event.

27
Q

10-9?

A

Urgent message follows.

28
Q

10-10?

A

Emergency message follows.

29
Q

Any FORCE USE should be…

A

Reasonable
Justified
Necessary
Proportionate

30
Q

What are the 3 initial action at scene?

A

Freeze - keep it original
Control - movement to and from the scene
Preserve - all exhibits (list them)

31
Q

Scene guard should be used to…

A

Prevent unauthorised persons from entering
Record details of anyone entering
Brief authorised people before entering
Report/record any suspicious activities
Avoiding contaminating or interfering with the scene
Beware of animal in the scene and remove if possible

32
Q

What to consider when deciding on the course of action to take about a missing person

A

Zone of safety - environment
Age - young and aged person are mor vulnerable
Circumstances of disappearance - unusual, dangerous and suspicious

33
Q

Section 6(OT Act 1989)

A

The welfare and interests of the CYP shall be the first and paramount consideration.

34
Q

Section 39(OT Act 1989)

A

Place of safety warrant - suspect, Enter and Search, Remove or Detain and Place CYP in custody of OT or if CYP in hospital direct hospital to keep CYP in that hospital.

35
Q

Section 40(OT Act 1989)

A

Warrant to Remove CYP - believe CYP is suffering, Enter and Search, Remove or Detain CYP, Place CYP in custody of OT or hospital.

36
Q

Section 42(OT Act 1989)

A

Search without Warrant - believes that is critically Necessary to protect CYP, Enter and Search, Remove or Detain CYP in custody of OT.

37
Q

Section 48(OT Act 1989)

A

CYP Found Unaccompanied - CYP found unaccompanied by parent, guardian or person who usually cares for them, Take, Deliver CYP back to P,G, C if not Place CYP in custody of OT.