Custody

Question 1

Define discretion

Answer 1

The liberty of deciding as one thinks fit

Question 2

Method of arrest

Answer 2

Use minimum force
Identify yourself (if in plain clothes)
Lay hands on or touch arrested person
Advise person they are under arrest, grounds of arrest
Be inconspicuous, don’t delay decision to arrest
Treat with courtesy, be reasonable
Afford no justification for allegations

Question 3

Why we search

Answer 3

Search person in lawful custody- if police office believes on reasonable grounds.

Concealed weapon/s or articles used to inflict injury or assist in escape

Remove into safe keeping belongings of the person

Obtaining evidence relating to the offence or preventing its loss or destruction

Question 4

When can you ask for assistance from the public

Answer 4

Members are legally obliged to assist when called upon

Must be 18+ to be directed

Persons under 18 may be requested but not directed

Identify yourself- even in uniform
Advise you’re acting lawfully
Inform it is an offence to refuse if needed

Question 5

How often people in custody should be checked

Answer 5

Personally check person in custody in intervals no greater than 15 mins. If necessary at shorter intervals

Question 6

What is an arrest

Answer 6

An arrest is the act of taking another person into lawful custody

Question 7

What is the caution

Answer 7

You are not obligated to say or do anything unless you wish to do so but whatever you say or do will be recorded and may be given in evidence. Do you understand?

Question 8

Time in custody for intoxicated person

Answer 8

8 hours + 4 additional if approved by an inspector

Question 9

Procedure following arrest

Answer 9

Immediately take prisoner to police station and present to custody officer

Request that prisoners is

Immediately charged or bailed

Detained for further investigation/ evidence gathering

Detained for interview

Charged or detained for court

Unconditionally released

Question 10

Relevant times to note

Answer 10

Time of arrest
Time of arrival at police station
Time of right to communicate
Time of denial of communication
Time interview commenced
Time interview concluded

Question 11

Hi

Answer 11

Number of matters and their complexity
Preparation required for questioning
Transport
Questioning other involved
Need to visit place of offence

Question 12

When to use discretion

Answer 12

If a police officer believes there is reasonable grounds and are able to justify there actions

Question 13

Who do you see at the police station when you’ve arrested someone

Answer 13

Custody officer

Question 14

6 police stations

Answer 14

North- Launceston, Whitemark
South- Hobart
West- Devonport, Burnie, Currie

Question 15

What is care of duty

Answer 15

When you take someone into custody they become your care of duty. Applied at all times- first comes in custody to safe discharge.

You can be help responsible for death or injury

Can hand care of duty to custody officer

Question 16

How often should you check a detained person

Answer 16

Intervals of 15mins. Shorter if
Intoxicated
Violent
Mental conditions

Question 17

Define arrest

Answer 17

When you take someone into lawful custody for a vary of reasons
Serious offence
To prevent the continuation of the offence or commission of another
Safety or welfare
Prevention destruction or loss of evidence
To facilitate the making of PFVO FVO RO

Question 18

Who to tell if you arrest a youth

Answer 18

Supervisor
Divisional inspector
Duty officer of the circumstance

Question 19

When do you need to talk to TALs

Answer 19

When reasonably practicable outlining arrest details. Ask if they want their name mentioned

Question 20

Details to tell TALs

Answer 20

Sex
Age
Physical condition
Chargers record number
Offences

Question 21

Reason to arrest

Answer 21

Serious Offences
Prevent the continuation or repetition of the offence, or the commission of another offence.
Preserve the safety or welfare of any person, or the harassment of witnesses.
Prevent the fabrication, concealment, loss or destruction of evidence.
Enable forensic material to be obtained in accordance with Forensic Procedures Act 2000.
To facilitate the making of PFVO, Application for FVO or RO

Question 22

2 ways to arrest

Answer 22

Without warrant
On warrant

Question 23

Good faith

Answer 23

A police officer makes a honest mistake of fact they will be protected from personal liability