Custody

Question 1

s.32(2) PA2008 A constable may take the identifying particulars of a person who is in the ______ _______ of the Police if that person is detained for committing an offence and is— (2 places)

Answer 1

• lawful custody
• at a Police station; or
• at any other place being used for Police purposes

Question 2

What does s.32 & s.33 PA2008 (Identifying particulars of person in custody) & (Identifying Particulars for Summons) enable Police to do? (4 points)

Answer 2

• obtain information
• may be used now or in future
• by police
• for lawful purpose

Question 3

s.32 PA2008
A constable—
(a) must take the person’s identifying particulars in a manner that is __________ __ ___ ______________; and
(b) may only use __________ _____ that may be __________ to secure the person’s identifying particulars.

Answer 3

(a) reasonable in the circumstances

(b) reasonable force, necessary

Question 4

s.32(4) PA2008What constitutes the offence of failing to comply under this section

Answer 4

• cautioned
• failed to comply with officer
• exercising their powers
• penalty: $5000/6th months

Question 5

In s.32 & s.33 PA2008 what does the terms ‘identifying particulars’ and ‘place’ refer to?

Answer 5

(identifying particulars)
-biographical details (name, address, DOB)
-photograph or visual image
-impressions (fingerprints, palm-prints or footprints)
(place)
-any land, building , premises or vehicle

Question 6

What is the main difference between s.32 & s.33 PA2008?

Answer 6

• s.32 relates to power to obtain identifying particulars of person in custody
• s.33 relates to power to detain and obtain identifying particulars of person for the purposes of a summons.

Question 7

S.36(1) PA2008 relates to the care and protection of intoxicated people when found in two situations. What are they?

Answer 7

• intoxicated in a public place

- intoxicated while trespassing on private property

Question 8

Under S.36(2)PA2008, when dealing with an intoxicated person, what must the officer reasonably believe before detaining them? (3 points)

Answer 8

• incapable of protecting self from physical harm
• likely to cause physical harm to others
• likely to cause physical damage to property

Question 9

When an intoxicated person is detained under S.36(1)PA2008, how long can they be held for?

Answer 9

• must be released as soon as sober

- no longer than 12 hours from first detained (or longer, but not exceeding 12 more hours if doctor recommends)

Question 10

S.36(3)PA2008, before a health practitioner can recommend an intoxicated person be detained for an extended person, what must they be satisfied of?

Answer 10

• still intoxicated
• protecting from physical harm (self & others)
• no health needs requiring attention
• shelter or own residence not practical

Question 11

Under S.36(4)PA2008, INTOXICATED means observably affected by _______, other _____, or _________ to such a degree that ______, _______, ___________, or ________ is clearly impaired

Answer 11

• alcohol, other drugs or substances

- speech, balance, co-ordination, or behaviour

Question 12

Under S.36(4)PA2008, what is a ‘Temporary Shelter’

Answer 12

A place (not police) capable of providing care adn protection of intoxicated person

Question 13

Where does the power to detain a person and take them into custody under S.36PA2008 come from?

Answer 13

S.31 CA1961 “…as if the power were a power to arrest.”