DT Study

Question 1

Explain the liability imposed by section 62 of the Crimes Act 1961 for excessive force

Answer 1

Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.

Question 2

When is a Tactical Options Report to be submitted

Answer 2

A TOR must be submitted for reportable uses of force.

Question 3

Explain Section 11 and 125 of the Search and Surveillance Act 2012 justifying the use of force on a person who is to be locked up in police custody.

Answer 3

Under a Section 11 search, Section 125 allows for reasonable force to be used to remove money and property from a person in lawful police custody, who is to be locked up in police custody.

Question 4

ICOE

Answer 4

Intent - what do they want? Reaction toward me?
Capability - physical, history, tools, backup, skills, state of mind, intoxication
Opportunity - when do they have opportunity? Distance or barriers?
Environment - physical location, layout, time of day, zone