Custody Week5 Flashcards
“Protected suspect”:
means a person who is in the company of a police officer for the purpose of participating in an investigative procedure in connection with an offence if:
(a) the person has been informed that he or she is entitled to leave at will, and
(b) the police officer believes that there is sufficient evidence that the person has committed the offence.
4 Reasons for Arrest (BOWS):
- Breach of Peace – Common Law.
- Offence – s. 99 LEPRA.
- Warrant – s. 101 LEPRA.
- Specific Power.
• Breach of Bail (BA)
• Conduct Breath Analysis (Sch. 3, Cl. 4 RTA)
Part 9 of LEPRA:
Is the codification of the common law doctrine (here after called ‘the doctrine’), having an object to govern 2 categories of persons:
· To provide governance for time periods of detention and for the rights of a person who is arrested and;
· To provide governance for the rights of a person who is a suspect who is in company of a
police officer in connection with an investigative procedure but who is not under arrest.
FINECHAPS:
S.99 1(a) LEPRA:
(1) A police officer may, without a warrant, arrest a person if:
(a) the police officer suspects on reasonable grounds that the person is committing or has
committed an offence, and
S.99 1(b) LEPRA
F - To stop the person fleeing from a police officer or from the location of the offence,
I - To enable enquiries to be made to establish the person’s identity if it cannot be readily
established or if the police officer suspects on reasonable grounds that the identity information provided is false,
N - Because of the nature and seriousness of the offence.
E - To preserve evidence of the offence or prevent the fabrication of evidence
C - To stop the person from committing or repeating the offence or committing another offence
H - To prevent the harassment of, or interference with, any person who may give evidence in relation to the offence
A - To ensure that the person appears before a court in relation to the offence
P - To obtain property in the possession of the person that is connected with the offence
S - To protect the safety and welfare of any person (including the person arrested)
S.111 LEPRA- Persons to whom Part applies:
States part 9 applies to persons who are under arrest for an offence or are a protected suspect.
S.112 LEPRA- Modification of application of Part to certain persons:
States Part 9 may be modified for vunerable persons:
Vulnerable Persons (PANIC)
P – Impaired Physical functioning.
A – Aboriginal or Torres Strait Islander.
N – Non-English speaking background.
I – Impaired intellectual functioning.
C – Child under 18 years of age.
S.114 LEPRA- Detention after arrest for purposes of investigation (D PICS):
Whilst a person is under arrest permission to investigate and other things must occur during the arrest:
• During 48 hours if a person is arrested more than once original investigation time is
deducted from new investigation time.
• Persons after investigation must be released, put on bail or brought before the court if not
brought before court during investigation period then as soon as practibly possible.
• Investigation period 6 hours.
• Committs new offence within 48 hours after being released or taken before court new
investigation time begins.
• Suspect another offence has been committed by persons under arrest, may investigate
other offence as well.
S.115 LEPRA- Investigation period:
- Begins when the suspect is being investigated for an offence (no longer when detained).
- Ends at a time that is reasonable in regard to circumstances and does not exceed 6 hours.
Starts when you say “You are under arrest”
Investigation Tasks (LIMPS): Is any task you perform in furtherance of finding evidence relevant to the offence and use up investigation time:
- Lawful medical examinations relevant to the offence being investigated.
- Interviewing the arrested person.
- Measuring things or locations or weighing things.
- Photographing persons, locations or objects.
- Statement taking of any person.
S. 117 LEPRA- Certain times disregarded:
- Travel
- Waiting for investigators/facilities
- Communication/attendance with support
- Medical attention
- Interpreter
- ID parade
- Refreshments/toilet
- Drug/alcohol recovery
- Charging procedures, prep or detention and crime scene warrants
- Forensic procedure
S. 118 LEPRA- Detention warrant to extend investigation period – “12 hours in total”:
PO may apply for a warrant to extend the investigation period by a further 6 hours.
S.119 LEPRA- Detention warrants:
• May be made in person or by telephone.
• The information you provided orally in your telephone application will then have to be
expressed in writing in an affidavit by you and be either given or emailed to the court’s
authorised officer to whom you made the oral application, the day following the date on which the detention warrant was issued.
Under cl40 additional information is to be included for vulnerable persons; why they are vulnerable, identity/relationship of any support person and any relevant precautions.
S.120 LEPRA- Information to include in detention warrants:
On application for a detention warrant it must inlcude the following information:
• Nature of any offence under investigation,
• Nature of the evidence on which the person to whom the application relates was arrested,
• What investigation has taken place and what further investigation is proposed,
• Time period (if any) person has been a protected suspect,
• The reasons for believing detention warrant is necessary
• The extent to which the person is co-operating in the investigation,
• If a previous application for the same, or substantially the same, warrant was refused,
details of the previous application and of the refusal and any additional information
required,
• Any other information required by the regulations.
