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This deck covers the police powers you need to know for your final powers exam.

1
Q

What is Section 9 of LEPRA?

A

LEPRA, Section 9

Power to enter in emergencies

  • May enter if the police officer reasonably suspects
    a) To prevent or end a breach of the peace
    b) Prevent or help someone with significant injury or in imminent danger of significant injury.
    c) Body of someone who has died
    1a) Before entering re dead body, get approval from inspector
    2) Stay only as long as reasonably necessary
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2
Q

What is Section 10 of LEPRA?

A

LEPRA, Section 10

Enter to arrest, detain or execute a warrant.

(BORG the person is there)

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3
Q

What is Section 11 (2) of LEPRA?

A

LEPRA, Section 11

Identity may be required to be disclosed

(2) - require a person whose identity is unknown to the officer to disclose his or her identity if you are going to give them a direction.

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4
Q

What is Section 12 of LEPRA?

What is Section 13 of LEPRA?

A

Section 12 = Failure to disclose identity

Section 13 = False or misleading information about identity

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5
Q

What is Section 13A of LEPRA?

A

LEPRA Section 13A

Identity of suspected AVO defendant may be required to be disclosed

“13A AVO IN PLAY”

  • A police officer may require a person whose identity is unknown to disclose their identity if the suspect on reasonable grounds that an AVO has been made against the person.
  • Section 13B - Failure of person to disclose identity on requirement
  • Section 13C - False or misleading information about identity
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6
Q

What is Section 19A of LEPRA?

A

LEPRA, Section 19A

Require removal of face coverings

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7
Q

What is Section 21 of LEPRA?

List SPAD

A

LEPRA, Section 21

Power to search persons & seize & detain things without warrant

General search

(SPAD)

S - Stolen or otherwise unlawfully obtained
P - Prohibited plant or drug
A - Anything used or intended / connected with relevant offence
D - Dangerous article in public place, used in connection with a relevant offence

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8
Q

What is Section 23 of LEPRA?

A

LEPRA, Section 23

Power to search persons for dangerous implements without a warrant in public places & schools

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9
Q

What is Section 27 of LEPRA?

A

LEPRA, Section 27

Power to carry out search on arrest for

1 Anything used / intended to be used in connection with the commission of an offence
2 Anything that would provide evidence of the commission of an offence
3 Anything that could harm the person under arrest

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10
Q

What is Section 28A of LEPRA?

A

LEPRA, Section 28A

Power to carry search of person in lawful custody after arrest

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11
Q

What is Section 30 LEPRA?

List rules

A

LEPRA, Section 30

Rules for searches generally

  • Quickly run hands over the person’s outer clothing
  • Require the person to remove outer clothing, jacket & shoes
  • Examine anything in the possession of the person
  • Pass metal detector over the persons outer clothing
  • Do anything authorised by this act for the purposes of the search
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12
Q

What is Section 31 of LEPRA?

A

LEPRA, Section 31

Strip searches

  • Search is reasonably necessary
  • Seriousness and urgency
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13
Q

What is Section 32 of LEPRA?

List requirements

( won’t degrade you )

A

LEPRA, Section 32

Preservation of privacy & dignity during a search

  • Request co-operation
  • Only search persons of the same sex
  • Offer privacy wherever possible
  • Conduct least invasive search for the circumstances
  • Conduct search as quickly as possible
  • Explain if any clothing needs to be removed & why
  • Not perform questioning while searching is being conducted
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14
Q

What is Section 33 of LEPRA?

List rules

A

LEPRA, Section 33

Rules of a strip search

  • Conducted in private area
  • Not in presence or view of opposite sex
  • No search of cavities
  • No examination of person by touch
  • No more clothes than necessary
  • Can be preformed in front of medical practitioner of opposite sex

If between 10-18 or impaired intellectual
- in presence of a parent or guardian

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15
Q

What is Section 34A of LEPRA?

A

LEPRA, Section 34A

Searches carried out with consent

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16
Q

What is Section 36 of LEPRA?

Heading and some points

A

LEPRA, Section 36

Power to search vehicles & seize things without warrant

  • prohibited plant
  • public safety
  • vehicle used in connection with a relevant offence
  • vehicle or person in it has something stolen or otherwise unlawfully obtained
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17
Q

What is Section 82 of LEPRA?

A

LEPRA, Section 82

Entry by invitation

“Come on through”

a) investigate if a DV has occurred
b) Take action to prevent further DV offence

May stay and exercise powers under section 82 subsection 3A

a) direct person to leave or not enter
b) remove a person for failure to comply
c) prevent a person from entering
d) Prevent person removing evidence

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18
Q

What is Section 83 of LEPRA?

A

LEPRA, Section 83

Warrant where entry denied or authority to remain refused

“Leave me”

Apply for a warrant if -

  • Entry has been denied or authority to remain refused
  • A DV offence is being or may have been committed
  • It’s necessary to enter to investigate and take action

The warrant then allows you to stay and investigate

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19
Q

What is Section 85 of LEPRA?

IFRAP

A

LEPRA, Section 85

Powers that may be exercised on entry into premises

“Do the five”

(IFRAP)

I - Investigate 
F - Firearms
R - Render first aid 
A - Arrest 
P - Prevent further DV offences from occurring
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20
Q

What is Section 86 of LEPRA?

A

LEPRA, Section 86

Police may enter and search for firearms

“86 Pick up sticks”

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21
Q

What is Section 88 of LEPRA?

A

LEPRA, Section 88

Crime scene powers may be exercised if police officer lawfully on premises

  • Lawfully on-premises
  • Establish crime scenes
  • Exercise powers
  • Stay on-premises for that purpose
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22
Q

What is Section 90 of LEPRA?

A

LEPRA, Section 90

When a crime scene may be established

Officer suspects on reasonable grounds

  1. Traffic accident resulting in death or serious injury
  2. Serious indictable offence is being, was or may have been committed
  3. Preserve evidence of serious indictable offence committed somewhere else
  4. Crime scene warrant
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23
Q

What is Section 91 of LEPRA?

A

LEPRA, Section 91 - Establishment of crime scene

  • Give the public notice that the premises is a crime scene
  • Cannot be established more than once in 24hrs, unless you apply for a warrant
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24
Q

What is Section 95 of LEPRA?

  • List powers
A

LEPRA, Section 95

Crime scene powers

(DD PP ROP)

D - Direct a person to leave the crime scene
D - Direct removal of a vehicle, vessel or aircraft

P - Prevent a person from entering the crime scene
P - Prevent a person from removing evidence

R - Remove or cause to be removed an obstruction from the crime scene
O - Open anything at the crime scene that is locked
P - Photograph or otherwise record the crime scene & anything in it

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25
Q

What is Section 99 of LEPRA?

A

LEPRA, Section 99

Power of police officers to arrest without warrant

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26
Q

What is Section 101 of LEPRA?

A

LEPRA, Section 101

Power to arrest with warrant

27
Q

What is Section 105 of LEPRA?

A

LEPRA, Section 105

An arrest may be discontinued

1 If the reason for the arrest is gone
2 If there is a more appropriate way of dealing with them

28
Q

What is Section 197 of LEPRA?

And list relevant conduct.

A

LEPRA, Section 197

Directions generally relating to public places -
(stop relevant conduct)

Relevant conduct

(CHOPS)

C - Causing fear or likely to cause fear (as long as it would cause fear to a person of reasonable firmness)
H - Harassment / intimidation
O - Obstructing traffic person or vehicle
P - Procuring prohibited drug
S - Supplying prohibited drug

29
Q

What is Section 198 of LEPRA?

  • List relevant conduct
A

LEPRA, Section 198

Move on the intoxicated person in a public place

Relevant conduct

  1. Likely to cause injury
  2. Damage to property
  3. Risk to public safety
  4. Is disorderly
  • 6hrs max

(the person speech, balance, coordination or behaviour is noticeably affected.)

30
Q

What is Section 198A of LEPRA?

A

LEPRA, Section 198A

Giving of directions to groups of persons

31
Q

What is Section 199 of LEPRA? What needs to be established?

A

LEPRA, Section 199

Failure to comply with a direction

  • You have to establish that the person persisted after the direction was given
32
Q

PART 15

What is Section 202 of LEPRA?

A

LEPRA, Section 202

Safeguards, (IPE)

  • Inform
  • Provide
  • Evidence
33
Q

What is Section 230 of LEPRA?

A

LEPRA, Section 230

Use of force generally by police officers

34
Q

What is Section 231 of LEPRA?

A

LEPRA, Section 231

Use of force in making an arrest

35
Q

What is Section 208 of LEPRA?

A

LEPRA, Section 208

Search detained intoxicated persons

36
Q

Where do police get their power to request proof of identity?

A

LEPRA, Section 19

Power of police officer to request proof of identity

37
Q

What is Section 34 or LEPRA?

A

LEPRA, Section 34

No strip searches of children under 10 years

38
Q

What is Section 87 of LEPRA? what two things to we need to BORG?

A

LEPRA, Section 87

Search and seizure powers

“All things that send me to heaven”

Search for dangerous article or dangerous implement

  1. The a dangerous article or dangerous implement (other than a laser pointer) is in the dwelling
  2. That the dangerous article or dangerous implement is being, or was, or may have been or may be used to commit a domestic violence offence,
39
Q

What is Section 206 of LEPRA?

A

LEPRA, Section 206

Detention of seriously intoxicated persons

May detain person if:
- behaving in a disorderly manner or in a manner likely to cause injury to the
person or another person or damage to property, or
- in need of physical protection
- Person may be released into the care of a responsible person

40
Q

What is Section 36A of LEPRA?

A

LEPRA, Section 36A

Stop vehicles

Stop if reasonably suspect that someone in the vehicle is a person they have reasonable grounds to arrest, detain or search.

41
Q

What is Section 76 of the Road Transport Act?

A

Road Transport Act, Section 76

Defective registrable vehicles

“76 needs a fix”

42
Q

What is Section 169A of the Road Transport Act?

A

Road Transport Act, Section 169A

Direction to stop light vehicle or light combination: to enable exercise of other powers

43
Q

What is Section 175 of the Road Transport Act?

A

Road Transport Act, Section 175

Driver/Rider to produce licence and state name/address

44
Q

What is Section 177 of the Road Transport Act?

A

Road Transport Act, Section 177

Responsible person for vehicle to disclose drivers identity

45
Q

What is Rule 287 of the Australian road rules

A

Require a person to give an explanation of the circumstances of a MVC

46
Q

LEEPRA s 203

A

Warnings when giving direction that the person is required by law to comply

47
Q

Poison and therapeutic goods act s 43b

A

Power of detention and search (aircraft and vessels for prescribed restricted substances)

48
Q

Gaming and liquor administration act s24

A

Power to enter licensed premises

49
Q

RTA Schedule 3 clause 4

A

Power to arrest due to a positive breath test

50
Q

RTA s 224 (224 drive no more)

A

Power to immediately suspend a drivers license

51
Q

RTA schedule 3, Clause 13

A

Sobriety assessment

52
Q

Criminal Procedure Act 1986 s333

A

Power to issue CINS

53
Q

RTA Schedule 3 clause 3.

A

Power to conduct random breath test

54
Q

RTA Schedule 3, Clause 11

A

Blood samples to be taken in hospitals from crash patients (no time limit unless it is a failed sobriety assessment)

55
Q

Mental health act 2007 s22

A

Detention of person who appear to be mentally ill

  1. Suicide
  2. Harm others
  3. Offence
56
Q

Mental Health act 2007 s81. Name and two points of what we can do

A

Transport of persons to and from mental health facilities

use reasonable force in exercising functions
restrain the person in any way that is reasonably necessary in the circumstances.

57
Q

LEPRA s 115

How long?

A

Investigation period after arrest. Six hours

58
Q

LEPRA s100.

A

Power of other person (not police) to arrest without warrant

The person is in the ACT of committing an offense
The person has just committed a SERIOUS indictable offence
The personHAS just committed the offence
Must take the person and any property before an authorized OFFICER

59
Q

LEPRA s101

A

Power to arrest with warrant

may deal with the person named in the warrant in accordance with the warrant

60
Q

LEPRA s 115

2 points to know

A

1 Maximum is 6 hours and

2 may be extended

61
Q

Crimes and domestic violence act s89

Name of power and time limit

A

Detention of defendant for making and service of interim apprehended personal violence order

2 hours

62
Q

Crimes and domestic violence act s89a

Name of power and time limit

A

Detention of defendant for making and service of interim apprehended domestic violence order

2 hours

63
Q

Sobriety assessment process

A
  1. Must do a breath test ( negative result )
  2. BORG that they are drug affected
  3. Sobriety test done
  4. Person refuses to participate / fails test
  5. Arrest for blood and urine
  6. Blood and urine ( 4 hour limit )
  7. CAN

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