Custody, Bail, Prosecution Guidelines, TASER and Firearms

Question 1

When is a defendant bailable as of right?

Answer 1

Charged with an offence not punishable by imprisonment
Charged with offence for which max punishment less than 3 yrs unless Assault on Child or MAF or Assault on Person in Fam Rship

Question 2

Bail Act 2000, s7(4)

Answer 2

Def charged with offence punishable by imprisonment not bailable as of right if previously convicted of offence punishable by imprisonment

Question 3

What is the consideration under Bail Act 2000, s21?

Answer 3

Whether it is “prudent” to grant bail

Question 4

What needs to be considered when determining whether prudent to grant Police bail to def charged with family violence offence?

Answer 4

The victim AND any person in fam relationship with victim

Question 5

What is the restriction under Bail Act 2000, s23(1)?

Answer 5

If person arrested under s113 Fam Violence Act 2018 and charged under s112 (BOPO) the person must not be released on bail under s21 during 24hr immediately following arrest.

Question 6

What is the restriction on the Coroner under s43 Coroners Act 2006?

Answer 6

A coroner who decides not to direct a PM must not authorise the release of the body earlier than 24hrs after notifying Police.
Does not apply if S/Sgt or above agrees to release within the 24hr period.

Question 7

What is the hierarchy of ID for a 1S?

Answer 7

1. Visual
2. Fingerprints
3. Odontology
4. Comparison ID process
5. DNA

Question 8

Policing Act 2008, s33(2)

Answer 8

Constable who has good cause to suspect a person of committing offence and who intend to summons may detain person to take particulars and only for period necessary to take particulars.

Question 9

Grounds for taking intox person into custody

Answer 9

Reasonably believes
incapable of protecting themselves from physical harm
likely to cause physical harm to another person
likely to cause significant damage to property
AND
not reasonably practical to provide fr person by
taking to place of residence or
taking to temporary shelter.

Question 10

Max time intox person can be detained

Answer 10

12hrs unless health practitioner recommends further

Question 11

List the elements of the evidential test.

Answer 11

Identifiable individual
Credible evidence
Evidence which the prosecution can adduce
Could reasonably be expected to be satisfied
Beyond reasonable doubt
Commission of a criminal offence

Question 12

What are the two aspects of risk Police focus on in regards to firearms?

Answer 12

Magnitude of the consequences that may eventuate should an event occur
Likelihood of event occurring

Question 13

How do Police expect firearms licence holders to operate?

Answer 13

Safely
Securely
Responsibly

Question 14

What are the Police aims in regards to policing firearms?

Answer 14

Make compliance easy for those who can and want to comply
Assist those trying to comply but not succeeding
Encourage compliance through interventions for those who are reluctant to comply
Use full force of regulatory process for those who do not want to comply or are wilfully negligent

Question 15

Decisions about interventions regarding firearms will be…

Answer 15

Logical, timely and considered
Evidence based
Impartial and without fear, favour, bias, prejudice or improper motive
Sufficiently robust and well docuemented to withstand judicial review
Proportionate to risk
Consistent with the law, public interest and Police policies and values

Question 16

What factors need to be considered when making decisions about interventions re firearms?

Answer 16

Extent of harm or risk of harm
Conduct
Public interest
Attitude to compliance

Question 17

Under Arms Act 1983, s24 what needs to be taken into account when considering whether someone is a fit and proper person to be in possession of a firearm or airgun?

Answer 17

Whether the applicant
has sound knowledge of safe possession and use
understands legal obligations including endorsements
any other criteria
any other relevant matters

Question 18

S & S Act, s18 requires RGTS what?

Answer 18

Persons is carrying arms or in possession or has them under their control and
in breach of Arms Act OR
by reason of physical or mental condition is incapable of proper control OR may kill or cause bodily injury OR
under Family Violence Act protection order or PSO is in force or there are grounds to apply for one

Question 19

What does s18, S&S Act give the power to do?

Answer 19

Search person
Search anything in their possession or control including vehicle
Enter place or vehicle
Seize firearms
Seize licence

Question 20

S&S Act, s18(3)

Answer 20

May enter place or vehicle and search and seize arms and licence if RGTS arms there in respect of which cat 3 or 4 offence OR Arms Act offence has been, is being, about to be committed OR
that may be EM material against any of the above.