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Descriptions are the questions and sections are the answers Flashcards

1
Q

Where do we get our power to strip search and what circumstances may we carry out a strip search?

A

LEEPRA s 31

(a) At a place of detention / station - strip search is necessary for the purpose of the search
(b) At any other place - 31a + Seriousness and urgency

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2
Q

What must be preserved when conducting a search and where is it specified?

A

LEEPRA s32

(2) Tell them
(a) If they will need to remove clothing
(b) Why they need to remove it
(3) Co-operation
(4) (a) Reasonably private
(b) Reasonably quick
(5) Least invasive type of search needed
(6) Genitals
(7) Same sex police officer

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3
Q

Where are the rules for conducting strip searches and what are they

A

LEEPRA s33

(1) (a) Private area
(b) Same sex
(c) Person who does not neet to be there
(2) Parent, gaurdian or support person
(3) People aged 10 to 18 or impared intelectual function must have
(a) Parent or gaurdian
(b) Spport person (represents interest)

does not apply if it means evidence will be destroyed or the person being searched is in danger due to delays.

(4) Must not involve body cavity search or examining by touch
(5) Must not involve unneccessarry removal of clothes
(6) Visual inspection - no more than reasonably neccessary
(7) Can be in the presence of a doctor of the opposite sex if no

objections

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4
Q

Power to search vehicles and seize things without warrant

A

LEPRA s36

Ocupant - stolen / unlawfully obtained

Vehicle used - relevant offence

Vehicle contains anything - relevant offence

Vehicle near a public place or school and contains dangerous articles

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5
Q

When a crime scene may be established on premises. What section and circumstances. TES

A

s90 TES

Gather evidence in relation to death or injury from TRAFFIC

Gather evidence in relation to serious indictable offense ELSEWHERE

Gather evidence in relation to SERIOUS INDICTABLE offense

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6
Q

Requirement to disclose identity and relevant offences

A

s11 Assist investigating indictable offence / Giving a direction to leave a place

s12 Failure to disclose is an offense

s13 Providing false or misleading information is an offence

s13a Requirement to disclose ID where we SORG they are the subject of an AVO

s13b Failure to disclose is an offense

s13c Providing false or misleading information is an offence

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7
Q

What are Police powers to enter premises in emergencies?

(PISS)

A

LEPRA S9

Power to enter for breach of the PEACE.

Prevent or stop significant INJURY

Body of SOMEONE who has died (permision required from an inspector)

May STAY as long as necessary

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8
Q

Power to enter premises for the purpose of arrest or to detain. Section? Act? Two points?

A

s10 LEEPRA

  • Need to BORG that they are in there.
  • Can search the place
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9
Q

IPE?

A

s202 LEEPRA

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10
Q

CHOPS

A

LEPRA 197. Causing fear or harrassement

Obstructing Traffic

Procuring a prohibited substance

Soliciting a prohibited substance

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11
Q

Direction for intoxicated people to leave a public place

A

LEPRA 198

injury

damage property

risk to public safety

or disorderly

6 hours

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12
Q

Power to search seize and detain things without a warrant

A

LEPRA S21.

  • stolen / unlawfully obtained
  • Relevant offence
  • Dangerous article for Relevant offence
  • Prohibited plant or drug
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13
Q

Dangerous implements schools or public places

A

LEPRA 23

  • Locker
  • Bucket
  • Nominate adult if at school
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14
Q

Power / reasons to stop vehicles (not in a traffic context)

A

LEPRA s36 a

  • Arrest
  • detain
  • search
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15
Q

Use of force for arrest. Section and description

A

LEPRA s231. Such force is reasonably necessary to make the arrest or prevent escape.

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16
Q

Searches carried out with consent

A

LEPRA s34a

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17
Q

No strip searchers for people under 10

A

s34

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18
Q

Identity to be disclsoed

A
  • LEPRA s11
  • SORG the person can assist in investigating a indictable offence
  • giving a direction to leave a place
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19
Q

Failure to disclose Identity?

A

s 12 LEPRA

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20
Q

False or misleading info about identity

A

LEPRA s 13

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21
Q

Identity of suspected AVO defendant may be required to be disclosed

A

s13a

s13b Failure

s13c False or misleading

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22
Q

Require the removal of face coverings

A

LEPRA s 19a

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23
Q

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

A

S23

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24
Q

Power to search on arrest

A

LEPRA s27

  • danger to self
  • escape
  • offence related
  • evidence
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25
Q

Search of person in lawful custody after arrest. Section

A

28a

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26
Q

Rules for searches generally. Where are they? What are they?

A

LEPRA s30

run hands over outer clothes

jacket coat etc

metal detector

examine things in possession

27
Q

Entry by invite

A

LEPRA s82 ( COME ON THROUGH)

28
Q

Where entry to premises is denied

A

LEPRA s83 (leave me be)

  • a DV offence has occurred.
  • apply for a warrant.
29
Q

Responsible person for vehicle to disclose drivers identity

A

RTA s177

30
Q

Power to require a drivers license and state name and address

A

RTA s 175

31
Q

Stop light vehicle or light combination: to enable exercise of other powers

A

RTA s169a

32
Q

RTA s76 needs a fix refers to what

A

Power to defect vehicles. And

  • Inspect
  • issue warning
  • Prohibit use
    *
33
Q

Request a person who is required to provide their identity to provide proof of identity

A

LEPRA s19

34
Q

Power to search detained intoxicated persons

A

LEPRA s208

35
Q

Use of force generally by police officers

A

LEPRA s 230

36
Q

Failure to comply with a direction from police. What constitutes this and what section is it in?

A

LEPRA 199

Persisted after the direction was given.

37
Q

Directions to groups of people

A

LEPRA s 198a

38
Q

An arrest may be discontinued

A

LEPRA 105

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

39
Q

Power to arrest with warrant

A

LEPRA s 101

40
Q

16 point list of crime scene powers

A

LEPRA s95

41
Q

When police are lawfullt on premises they may do what? Section?

A

LEPRA s 88

Establish a crime scene

Exercise crime scene powers

stay on premises for those purposes

42
Q

Power to search for bang bang sticks

A

LEPRA s86

BORG there are firearms on premises when making enquires relating to domestic violence.

43
Q

Do the five IFRAP

A

LEPRA s85

Investigations

Firearms

Render aid

Arrest

Prevent further DV offences

44
Q

Warning when giving direction

A

LEPRA s203

“You are required by law to comply with this direction”

45
Q

Require a explanation of circumstances of MVC

A

Road rules 2007 Rule 287

46
Q

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

A

Poison and therapeutic goods act s 43b

47
Q

Power to enter licensed premises

A

Gaming and liquor administration act s24

48
Q

Power to arrest due to a positive breath test

A

RTA Schedule 3 s 4

49
Q

Power to immediately suspend a drivers license

A

RTA s 224

50
Q

Sobriety assessment

A

RTA schedule 3, Clause 13 ( Clause 13 for sobriety )

51
Q

Power to issue CINS

A

Criminal Procedure Act 1986 s333

52
Q

Power to conduct random breath test

A

RTA Schedule 3 Clause 3

53
Q

Blood samples to be taken in hospitals from crash patients (no time limit

A

RTA Schedule 3, Clause 11

54
Q

Detention of person who appear to be mentally ill (stuck like glue)

A

Mental health act 2007 s22

Kill temself. Have tried to or are likely to

Kill or hurt others

have committed an offence

55
Q

Transport of persons to and from mental health facilities. Section and points to note

A

Mental Health act 2007 s81

1 Can use reasonable force

2 Can restrain the person

3 Can search. Things used to escape or hurt

56
Q

Investigation period after arrest. Section and time

A

LEPRA s 115 (6 hours)

57
Q

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

ASHO

A

LEPRA s100.

  • The person is in the ACT of committing an offense
  • The person has just committed a SERIOUS indictable offence
  • The person HAS just committed the offence
  • Must take the person and any property before an authorized OFFICER
58
Q

Power to arrest with warrant

A

LEPRA s101

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

59
Q

Investigation Period

2 points to know

A

LEPRA s 115

1 Maximum is 6 hours and

2 may be extended

60
Q

Search and seizure powers for dangerous impliments (DV context)

A

Section 87 of LEPRA?

“All things that send me to heaven”

Search for dangerous article or dangerous implement

61
Q

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

A

Crimes and domestic violence act s89

62
Q

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

A

Crimes and domestic violence act s89a

63
Q

RTA Schedule 3 clause 14

Name and what you can do

A

Arrest for failed or refused sobriety assessment.

Take the person to hospital for blood and urine testing.

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