Exam 1 352 Flashcards

Question

What is S62 CA1961?

Answer 1

Criminally responsible for any excess force used

Answer 2

- Intentionally - Damages - Property

Answer 3

- Intentionally - Sets fire to - Any tree or vegetation

Answer 4

- A deliberate OR reckless act, without lawful justification, excuse or claim of right. Reckless [where the possible consequences are foreseen but continues to act regardless of the risk]

Answer 5

3months/$2000

Answer 6

Ask, Why, Options, Confirmation, Act

Answer 7

``` Victim Appreciation Witness Scene Exhibits Elements Powers Offender ```

Answer 8

UNBENT ``` Unauthorised access Notebook recordings Brief authorised people Explore and report suspicious activity No contaminating the scene Think of animals ```

Answer 9

Freeze - the scene, do not touch or move anything, leave it as it was. Control - all movement in and out of the scene Preserve - all evidence which may be destroyed or decayed.

Answer 10

- Think BIG - Include the offender and victims entry and exit route and vehicles - Establish a CAP

Answer 11

- Enters - Any building OR Any ship OR Any part of any building OR Any part of any ship - Without authority - With intent to commit an imprisonable offence in the building OR - With intent to commit an imprisonable offence in a ship

Answer 12

As soon as any body part of the person or any instrument used by the person is within the building or ship.

Answer 13

Legally and legitimately entered the building/ship, then decides to commit an imprisonable offence within the building/ship.

Answer 14

Involves using fake authority, or cunning tactics to make entry

Answer 15

- Having entered - Any building OR Any ship - Remains without authority - With intent to commit an imprisonable offence in the building OR With intent to commit an imprisonable offence in the ship

Answer 16

while commiting burglary, has a weapon or used anything as a weapon

Answer 17

- Scrutiny - Ethics - Lawful - Fair

Answer 18

- Dishonestly - Without claim of right - Takes - Any property - With intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in that property

Answer 19

a) S220 Special relation - 7 years b) exceeds $1000 - 7 years c) exceeds $500 under $1000 - 1 years d) under $500 - 3 months

Answer 20

- Dishonestly - Without claim of right - Uses or deals with - Any property - With intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in that property - After obtaining possession or control of that property in whatever manner

Answer 21

Without a belief that there was consent or authority from the owner

Answer 22

No belief in a right to own or possess the property.

Answer 23

Exceeds authority or conditions given by the owner by using or dealing with the property in any manner.

Answer 24

- Receives - Any property stolen OR Any property obtained by any other imprisonable offence - Knowing that property to have been stolen or so obtained OR Being reckless as to whether the property had been stolen or so obtained

Answer 25

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

Answer 26

It must be part of all of the original property.

Answer 27

Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.

Answer 28

A person found in recent possession of the property being stolen, can be considered a thief or dishonest receiver unless they can provide an explanation for having it.

Answer 29

- Theft - Accompanied by violence OR Accompanied by threats of violence - To any person OR To any property - Used to extort the property stolen OR To prevent or overcome resistance to the property being stolen

Answer 30

More than a minimal degree of force. A struggle or injury would constitute violence.

Answer 31

Before or at the time of theft

Answer 32

There must be an actual threat of violence by words or conduct, not just fear.

Answer 33

Obtain by violence or intimidation, or to extract forcibly.

Answer 34

Must exist at the time of violence, not an afterthought after the act of violence.

Answer 35

- causes grievous bodily harm - 2 or more people - armed with an offensive weapon

Answer 36

Assaults a person with the intent to rob them but no theft takes place.

Answer 37

Who, with menaces or by threat, demands any property from any persons with intent to steal it. 7 years

Answer 38

A contrivance equipped with wheels, tracks or revolving runners on which it moves.

Answer 39

Driving that includes inattention or thoughtless actions or omissions, as well as deliberate ones, which is inconsiderate to other road users.

Answer 40

Falling below the driving standards of a reasonable prudent motorist.

Answer 41

Driving in a manner or speed which was, or might have been dangerous to anyone.

Answer 42

- Knowingly disregarding ones duty as a driver | - Deliberately running an unjustifiable risk of injury or collision

Answer 43

Reckless driving requires the element of intent (mens rea)

Answer 44

Driving a motor vehicle while a) disqualified from holding or obtaining a driver licence b) contrary to a limited licence c) while their driver licence is suspended or revoked

Answer 45

1st or 2nd offence - 3months/$4500 and 6months or more disqualification 3rd or subsequent offence - 2years/$6000 and 1years or more disqualification

Answer 46

a) fails to remain stopped b) remove, obscure or render indistinguishable a notice affixed to a vehicle under S115 LTA c) drives a vehicle with a notice under S115. d) fails or refuse to comply with any lawful requirement, direction, notice, request imposed on them under this Act.

Answer 47

1A - operates a vehicle - in a race - in an unnecessary exhibition of speed or acceleration - on a road in contravention of S22A(1)

Answer 48

- Without reasonable excuse - Intentionally pours onto - places on - allows to spill onto - a road - any petrol, oil, or diesel fuel - any other substance that cause loss of traction

Answer 49

- without reasonable excuse - operates a vehicle on a road - in a manner that causes sustained loss of traction

Answer 50

ss1)(a) operates in a race and ss(1)(c) sustained loss of traction POA is derived from S315(2)(a) or (2)(b) CA1961.

Answer 51

Mobile phone use while driving. | $150 ION

Answer 52

Power to stop vehicles and demand driver details. - In police uniform or a hat with a badge. - Flashing lights and/or sirens - Demand NADPOO from driver - As long as reasonably necessary - 15minutes for ID ``` POA - 116(6) - fails to stop - refuses to supply details - supplies GCTS false or misleading details Charge under S52 LTA ```

Answer 53

General Roadway Related Powers DIMDFFD - Direct a person on a road NADPOO - Inspect, test, examine vehicle parts - Move, or authorise another to move a vehicle causing obstruction - Direct a vehicle off a road - Forbid an unlicensed driver to drive a motor vehicle - Forbid a person operating a transport service without a licence to operate that service - Direct a person operating a vehicle/animal to stop the vehicle, or cause it to proceed in a particular direction. Direct a pedestrian not to cross the road.

Answer 54

- S114 allows to stop vehicles - S113 does not allow you to stop vehicles - S114 demand details from driver - S113 obtain a persons details on a road who has committed an offence against Acts.

Answer 55

Unsafe and defective vehicles Ban your drive - Pink sticker • unsafe - Green sticker • defective, does not comply with regulations or rules POA - S116 if they fail to comply Offence under S52(1)(a) for removing or driving coloured stickers

Answer 56

Defective Vehicle - Believes on reasonable grounds that the vehicle does not comply with the regulations or rules

Answer 57

Unsafe Vehicle - Believes on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on the road.

Answer 58

Tell me about your mate Owner or hirer of any vehicle must give, within 14 days, all information of a driver or passenger who has committed any offence in the vehicle.

Answer 59

Obtaining information after police pursuit. Immediately

Answer 60

EBA Entry time Powers of entry to carry out EBA procedures. - Has failed to stop and - S35(1)(a)&(b) (reckless or dangerous) or - driving under the influence and - you are freshly pursuing - without warrant - enter any premise, use force, complete EBA

Answer 61

FARMED - Forbid to drive for a specified time - All keys to be surrendered - Render the vehicle immobile - Move any vehicle causing obstruction - EBA offenders forbidden 12hours - Direct a person to drive to a specified place to rest if they have exceeded their driving hours. POA - S121(4) for - failing to comply with your directions - attempting to do an act forbidden by S121

Answer 62

- Seize for 12 hours - Interest of public safety - Last resort power

Answer 63

7+3 - Seize for 10 days to - preserve evidence - enable scientific examination - establish the cause of a serious traffic accident For - Hit and run - Serious traffic accident - Failed to stop

Answer 64

Licence suspension 28 days 1. Breath alcohol over 650mcg 2. Blood alcohol over 130mg 3. Breath alcohol over 400mcg with previous relevant conviction 4 years 4. Blood alcohol over 80mg with previous relevant conviction 4 years 5. Failed or refused blood test S72or73 6. 40kph over posted speed limit 7. 50kph over temporary speed limit/towing speed limit

Answer 65

Impounding Vehicle 28 days Must if they drove 1. Disqualified from holding or obtaining a licence 2. Suspended or revoked 3. Contrary to a limited licence 4. Not holding a licence AND they have previously been forbidden to drive 5. Raced or unnecessary exhibition of speed 6. Sustained loss of traction 7. Failed to stop or remain stopped 8. Breath alcohol over 400mcg with 2 previous relevant convictions 4 years 9. Blood alcohol over 80mg with 2 previous relevant convictions 4 years 10. Failed or refused blood test with 2 relevant convictions 4 years S96(1)(a) is for the boy racer offences

Answer 66

S22(1) LTA - When an accident occurs - Must stop the vehicle and - Ascertain whether anyone is injured and - Render all practical assistance Penalties - S35(1)(c)&(2) (non-injury) 3months/$4500 and minimum 6months DQ mandatory - S36(1)(a)&(2) (injury-death) 5years/$20,000 and minimum 1years DQ mandatory POA - S315(2)(b) CA

Answer 67

- crash involves injury or death - must report the accident in person to - police station or officer - asap no later than 24hours - unless incapable because of injury

Answer 68

- Crash involves damage to - unoccupied vehicle or other property - belonging to another person - must report within 48hours to owner - drivers name, rego, crash location - if can’t be contacted or identified - report to police within 60hours Penalty - $5000

Answer 69

Yes | - S73

Answer 70

S68(1)(a) - any driver of a motor vehicle - in any road, random stop - any person attempting to drive a motor vehicle on any road S68(1)(b) - any person, you have good cause to suspect has recently committed an offence - against road safety provisions LTA - that includes driving a motor vehicle S68(1)(c) - where the driver is unknown - you have good cause to suspect - passengers in a vehicle - involved in a motor accident

Answer 71

Breath and Blood Alcohol Procedure Sheet

Answer 72

“I now require you to undergo a breath screening test without delay”

Answer 73

Passive Breath Test - “ALCOHOL” - “I now require you to undergo a breath screening test without delay” • Breath Screening Test - Fail - “I now require you to accompany me to the _____ Police Station or other such place for the purpose of an evidential breath test, blood test or both” - Read them their rights/caution • Conducting EBT - “I now require you to undergo an evidential breath test without delay” - Max of three attempts * If the driver refuses or fails EBT, go into blood test * 10(12) minute period

Answer 74

“I now require you to accompany me to the ___ Police Station or other such place for the purpose of an evidential breath test, blood test or both.”

Answer 75

- Fails or refuses to blow breath screening device - No screening device available - 20+ reading “OVER 400” or “250+ OVER” - 20- reading “UNDER 250” or “250+ OVER” or “OVER 400”

Answer 76

“I now require you to undergo an evidential breath test without delay”

Answer 77

Yes S121 | If you believe on reasonable grounds that they are still incapable of having proper control of the vehicle.

Answer 78

If the driver refuses or fails EBT.

Answer 79

10 (12) minute period is for the driver to elect for blood. If the driver requests blood, 10 minute period no longer applies. If the driver accepts EBT, after 10 minutes the procedure is complete.

Answer 80

* S59(1)(a) fails or refuses to remain after BST * S59(1)(b) fails or refuses to accompany * S60(1)(a) fails or refuses to give blood when required by an enforcement officer * S60(1)(b) fails or refuses to give blood when requested by a medical practitioner POA S120(1)(a) LTA1998

Answer 81

Summons under S29 Criminal Procedure Act when a person accepts their EBT and is not arrested. Summons for a date no more than 2 months away. Anyone under 17 file should be sent to YAS. If summonsing, consider S33 PA2008 (obtaining details for summons)

Answer 82

- EBT is unavailable - Refuses or fails to undergo EBT - An ‘incomplete’ result is obtained - Driver elects blood

Answer 83

- 20+ 250-400mcg - 20- 0-150mcg $200, 50 demerits Cannot elect blood

Answer 84

2-7 weeks. The driver cannot be charged until the result comes back. A positive EBT or a refused/failed result the driver must be forbidden to drive for 12 hours S121(2)(a). Also consider forbidding other drivers who returned a lower result.

Answer 85

S95 LTA1998 Mandatory 28 day licence suspension • breath alcohol over 650mcg per L of blood. • blood alcohol over 130mg per 100ml. • over 400mcg breath and any relevant offence 4 years. • over 80mg blood and any relevant offence 4 years. • failed or refused a blood test at the request of - enforcement officer, authorised medical person - hospital

Answer 86

S96 LTA1998 Mandatory Vehicle Impoundment 28days • +400mcg breath and 2 relevant convictions last 4 years • +80mcg blood and 2 relevant convictions last 4 years • failed or refused a blood test at the request of - enforcement officer, authorised medical practitioner - hospital AND - has 2 relevant conviction last 4 years

Answer 87

Drives/attempts to drive under the influence Elements - Drives or attempts to drive a motor vehicle - under the influence of - drink, or drug, or both - to such an extent as to be incapable of having proper control of the vehicle Penalty - 1st and 2nd 3months/$4500 minimum 6months DQ - 3rd+ 2years/$6000 minimum 1years DQ POA - S120(1)(a) LTA

Answer 88

20 years and older - 0-250mcg, 0-50mg no offence - 251-400mcg, 50-80mg ION - 400+mcg, 80+mg summons - 650+mcg, 130+mg licence suspension Under 20 years - 0-150mcg, 0-30mg ION - 150+mcg, 30+mg Under 18 Youth Aid Services - 400+mcg, 80+mg person under 20 is charged as an adult

Answer 89

Crimes Act 1961 S315(2)(a) finds S315(2)(b) has good cause to suspect Summary Offences Act 1981 S39(1) has good cause to suspect S39(2) within view

Answer 90

``` Power of arrest - He finds - Disturbing the public peace OR - Committing any offence - Punishable by imprisonment ```

Answer 91

``` Power of arrest - He has good cause to suspect - Of having committed a breach of the peace OR - Any offence - Punishable by imprisonment ```

Answer 92

Power of arrest - He has good cause to suspect - Of having committed an offence against this Act - Except sections 17-20, 25, 32-38

Answer 93

Power of arrest - Within his view - Does an act the Constance believes is an offence against sections 17-20, 25, 32-38 - And fails to give name and address or gives false details - Arrest for the offence seen being committed

Answer 94

Lawfully taking a person suspected of committing an offence into custody or temporarily taking away their liberty

Answer 95

Witness/victim is protected Ensure court appearance Ensure preservation of evidence Prevent further offences

Answer 96

Must say “you are under arrest” + Formally touching the body of the person being arrested or An agreement from the person being arrested that they will submit to the process.

Answer 97

Duties when arresting - must inform the person at the time of arrest for the reason of the arrest unless - the reason is obvious, or - it is impractical to do so

Answer 98

S27 SaS - Offensive Weapons S21-22 SaS - Drugs S18 SaS - Firearms S118 SaS - Determine connection to search scene S65(5) LTA - Breath Testing Procedures Mental Health Act 1992 detain a person for assessment purposes

Answer 99

Every person should be secure against unreasonable search and seizure of their person, property or correspondence.

Answer 100

Everyone is protected from arbitrary or random arrest or detention.

Answer 101

People arrested or detained have rights and must be informed of those rights

Answer 102

People charged with an offence have rights and must be informed of those rights.

Answer 103

“You are free to leave at any time” and | “You do not have to remain to answer any questions”

Answer 104

Person under the age of 14

Answer 105

A person of or over the age of 14 but under 18.

Answer 106

The well-being and best interests of the child or young person are the first and paramount consideration.

Answer 107

Protect CYP from injury or death - Any constable who believes on reasonable grounds - that is critically necessary to protect a CYP from injury or death - may without warrant enter or search (by force if necessary) - dwelling house, building, aircraft, ship, carriage, vehicle, premises or place and - remove or detain (by force if necessary) the CYP and - Place the CYP in the custody of Oranga Tamariki. When using this power Police must inform the Commissioner of Police within 3 days. Police Policy - by end of shift

Answer 108

CYP found unaccompanied - Where a CYP is found unaccompanied, by a parent, guardian, other person who usually cares for them - in a situation in which their physical or mental health is being, or likely to be impaired - a constable may use such force as may reasonably be necessary to take the CYP - with their consent, deliver them into the custody of parent/guardian - if no consent is given or caregivers are unwilling to take them, place the CYP in the custody of Oranga Tamariki.

Answer 109

Child left unaccompanied - Being a parent or guardian or the person having the care of a child - leaves that child - without making reasonable provision for the supervision and care of the child - for a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances. Penalty - $2000

Answer 110

The Oranga Tamariki Serious Abuse Team (SAT). They work in partnership with the Police Child Protection Team (CPT).

Answer 111

2 behaviours - 1. Parents/caregivers who abuse/ill-treat their children or are unable or unwilling to look after them, and 2. CYP who will not obey/listen to their parents or wilfully misbehaviour to a serious degree. (includes physical, mental, emotional, sexual, neglect)

Answer 112

Place of Safety Warrant Enter and Search the house, (by force if necessary) If they believe on reasonable grounds that the CYP • has suffered, • or is likely to suffer ill-treatment, serious neglect, abuse, serious deprivation or serious harm Remove or Detain (by force if necessary) Place in the care of OT

Answer 113

On entering - Produce ID - State you are using OTA 1989, S42

Answer 114

- Enter - Search - Remove - Detain - Place

Answer 115

TAKE CYP, with their consent DELIVER them into the custody of parent/caregiver, or if no consent given or parent/caregiver unwilling to take them, PLACE CYP in the custody of OT.

Answer 116

Must inform parent or caregiver of any actions we take in regard to their children.

Answer 117

Deprive the owner permanently OR deal with it in a manner so that it cannot be restored to its original condition

Answer 118

Believes on reasonable grounds that it is critically necessary to protect a CYP from injury or death.

Answer 119

That the CYP is found unaccompanied in a situation in which their physical or mental health is being, or likely to be impaired.

Answer 120

- The well-being and best interests of the CYP - The public interest (including public safety) - The interests of any victim - The accountability of the CYP for their behaviour

Answer 121

You must submit a report to the commissioner within 3 days of the CYP arrest. You must also inform the parents of CYP under S8 OTA

Answer 122

Speak to them in a manner and language appropriate to the age and understanding of the CYP. Must also ask them to explain what each line means back to you in their own words.

Answer 123

Arrest of CYP without warrant to prevent Witness/victim interference Ensure their appearance at court Evidence loss or destruction Prevent further offending The exceptions include If it is a category 3/4 offence and is required in the public interest S223 LTA breath/blood alcohol procedures

Answer 124

The arrest of CYP in breach of bail condition Only arrest with intention of providing the court with recommendations to enable it to direct a more effective bail management plan. MUST seek approval from a YA Sergeant, or in their absence, your own sergeant or a qualified YA officer.

Answer 125

- Rights/Caution explained - Allowed to consult a lawyer or nominated person or both - Statement taken in the presence of either one

Answer 126

When it is made spontaneously before Police have had reasonable opportunity to comply with the Act.

Answer 127

- Parent or Guardian of CYP - An adult member of the family - Any other adult selected by CYP Adult means 20years or older

Answer 128

An enforcement officer may nominate an adult as long as they are not an enforcement officer.

Answer 129

- If they would, or are likely to attempt to pervert to course of justice? - if nominated person cannot be located - if nominated person is not available within a period of time that is reasonable to the circumstances - Co-offender

Answer 130

- Read them their rights. - let them contact a lawyer in private, such as in the back of your patrol car. Before they undergo the EBT. - Detained S125 (RAN) and S85 Search. - if they refuse, warn then arrest. Liable for a charge of failing or refusing to accompany you. - If arrested, Rights and search again

Answer 131

Concealed Altered Damaged Destroyed

Answer 132

- Under 10 not responsible - 10-11 murder/manslaughter - 12 previous serious offence and the current offence carries 10 year penalty - 12-13 14+ offences - 14-17 fully responsible, youth court - 18+ tried as an adult no CYP protection

Answer 133

- Dishonestly - Without claim of right - But not so as to be guilty of theft - Takes/Uses - For his or her own purposes - Another persons purposes - Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any horse

Answer 134

Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.

Answer 135

- Dishonestly - Without claim of right - Interferes with - Any vehicle OR Any ship OR Any aircraft

Answer 136

- Dishonestly - Without claim of right - Gets into OR Gets upon - Any vehicle OR Any ship OR Any aircraft

Answer 137

- Without lawful authority or excuse - Has in his possession - Any instrument capable of being used for taking or converting - Any vehicle OR Any ship OR Any aircraft - With intent to use for such a purpose

Answer 138

``` - In a public place OR Within view of a public place - Behaves in an offensive manner OR Behaves in a disorderly manner ```

Answer 139

Behaves in a manner arrousing feelings of anger, resentment or disgust that causes disturbance to public order.

Answer 140

Behaves in a seriously disruptive manner that causes a disturbance to public order.

Answer 141

Disorderly behaviour likely to cause violence. Behaviour that has or may cause, violence against persons or property to start or continue. Described as offensive, riotous, threatening, insulting or disorderly behaviour. Penalty - 3months/$2000

Answer 142

Disorderly Assembly Group situations with 3 or more people that are gathered in a manner that others who are present fear violence or disorder is about to occur Penalty - 3months/$2000

Answer 143

- Fights | - In a public place

Answer 144

Punching, striking, mauling, wrestling etc, between two or more willing participants.

Answer 145

A place, at any material time, is open to, or being used by the public. Whether free or on payment of a charge, and whether the owner is lawfully entitled to exclude or remove any person. Includes any aircraft, ship, vehicle carrying passengers, or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place.

Answer 146

Take these into consideration deciding whether to charge somebody. Certain actions/offences may be considered worse if people are present or it is daylight etc.

Answer 147

- Urinates or defecates | - In any public place

Answer 148

Yes, S39(2) SOA. Only if that fail to give you their details on demand. Charge them for the offence of Exreting in a public place Also consider time, place, circumstances - can be charged for Offensive Behaviour S4(1)(a) SOA

Answer 149

if the offender can provide reasonable grounds for believing they would not be observed.

Answer 150

- Resist OR Incites or encourages any other person to resist - Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Answer 151

Requires some degree of force by the offender

Answer 152

3 months/$2000

Answer 153

- Intentionally obstructs OR Incites or encourages any other person to obstruct - Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Answer 154

- Physical obstruction - Delaying the Police - Warning of Police approaching - Refusing to obey lawful instructions - Telling untruths

Answer 155

Making it more difficult for a person to carry out their duty

Answer 156

- Trespasses - On any place - After being warned to leave that place by an occupier of that place - Neglects or refuses to do so

Answer 157

3 months/$1000

Answer 158

Is on another persons property without authority or permission

Answer 159

Fails to leave, must be given reasonable time to leave.

Answer 160

Any person in lawful occupation of that land or place and includes and employee or other person under authority

Answer 161

- Their own protection - The protection of somebody else - An emergency involving their property or the property of some other person

Answer 162

When they are warned to leave by the lawful occupier and then refuse to do so

Answer 163

- Being a person who has been warned under S4 to stay off any place - Wilfully trespasses on that place - Within 2 years

Answer 164

The offender intentionally, deliberately, without mistake, returns to the premises

Answer 165

When a person is - likely to trespass - are trespassing - have trespassed - have been convicted of trespass

Answer 166

- Their own protection - The protection of somebody else - An emergency involving their property or the property of some other person - The occupier who gave the warning no longer occupies the place concerned

Answer 167

Trespass use of force You many use reasonable force to prevent any person from trespassing, or to remove them. You must not strike or do bodily harm to that person.

Answer 168

S5 TA Warnings given for trespassing may be given orally, by notice in writing served personally or by registered post to the trespassers usual address

Answer 169

- Name - Address - Firearms licence number, if they have a firearm on them. If they refuse, caution them and then arrest without warrant. Offences are created of - failing or refusing to comply with the requirements - giving false name and address - wilfully giving particulars that are insufficiently precise to enable the address to be readily identified

Answer 170

- Found - Without reasonable excuse - In OR On - Any building OR Any aircraft OR Any hovercraft OR Any ship, ferry or other vessel OR Any train OR Any vehicle

Answer 171

3months/$2000

Answer 172

- Found - Without reasonable excuse - In - Any enclosed yard or other such place

Answer 173

Belonging to. The area must belong to a building. Must serve the building like a backyard serves a house.

Answer 174

The prosecution must prove the defendant was actually seen, discovered or come upon at the place.

Answer 175

Yes, in circumstances that do not cause you to suspect an intention to commit any other offence.

Answer 176

SCUMBIE Suicide Cause unknown, no doctors certificate Unnatural or violent deaths Medical deaths as a result of a medical, surgical or dental operation/procedure Birth deaths/pregnancy deaths Institutional deaths Enactment that requires the holding of an inquest

Answer 177

An examination of a persons body to establish the cause of death. Authorised by a Coroner. Performed by a Pathologist.

Answer 178

To establish - The fact that a person has died - The identity of the deceased - The cause of death - When and where they died - The circumstances of the death They also make recommendations to the Coroner if the public could benefit from knowing what caused the death. And if other authorities need to run their own investigation.

Answer 179

- Verification of death form - Deceased person identification form - Pathologist report - Initial Police report for Coroner POL47 - Statements, job sheets, depositions, evidence

Answer 180

- Suicide - Institutional - Cause/circumstances of the death not clearly established

Answer 181

Only a doctor who has recently been treating the patient for a particular illness and death was an expected outcome.

Answer 182

• Undertake first aid - Make every effort not to contaminate the scene. • Carry out initial scene examination - Freeze, control, preserve. Call CIB eliminate foul play. • Verfiy death has occurred - Only a doctor, nurse or ambulance officer are authorised to issue a verification of death from. • Obtain a medial certificate as to cause of death - if a doctor is willing to sign it off • Formally identify the deceased - a close relative or other acquaintance verify the identity of the deceased in your presence. - forensic identification • remove the deceased to the mortuary - Inform NIIO - Inform funeral director Allow time for faimly to grieve and say their last goodbyes Order of events may differ as appropriate

Answer 183

Your obligation RAN When exercising a search power you must - identify yourself by name or UI - advise the Act and reason of the search - produce ID if not in unifrom - as long as reasonably necessary - use reasonable force - search any item in their possession - seize any item lawfully seized

Answer 184

Search arrested or detained for anything that may harm any person or facilitate their escape. Rub down search

Answer 185

While searching under S85 - remove, raise, lower, open any outer clothing - remove and head coverings, gloves, footwear, socks, stockings

Answer 186

Warrantless search of arrested or detained for evidential material. RGTB the person is in possession of - evidential material relating to the offence - harm any person, facilitate escape

Answer 187

Search of people locked up in Police custody. - at any Police station, premises used for Police purposes, Police vehicle. - search for money and property for safe keeping and prevent harm

Answer 188

Return of property and money - if they are transferring facility, it goes with the transport.

Answer 189

Purposes of a consent search - to prevent the commission of an offence - to protect life or property, prevent injury or harm - to investigate whether an offence has been committed - a power of search by an enactment

Answer 190

Advice to be given before a consent search - determine that the purpose of the search is authorised by S92 and - advise the person of the reason for the search and - advise the person they can consent or reject to the search at any time

Answer 191

Circumstances where consent search is unlawful - not for a purpose set out is S92 - fails to comply with S93 - consent is given by a person not authorised to give consent

Answer 192

Under 14 years consent search - a person under 14 years cannot consent to a search of a place, vehicle or other thing. - does not apply to a person under 14 years who is found driving a vehicle with no passenger over the age of 14 with authority to consent for a search

Answer 193

RAIN Reason Act Intention (to enter and search) Name Before or on initial entry - use reasonable force Exceptions include - RGTB nobody is home - RGTB it would be unsafe to do ao - it would prejudice the successful execution of the search

Answer 194

Incidental Powers a) enter and search b) request assistance c) use reasonable force to any property d) seize subject of the search and lawful seizure e) bring and use equipment, our own or on the property, including power f) bring and use enforcement dog g) copy documents (lawfully) h) use reasonable measures to access computers, data storage etc j) take photos and videos

Answer 195

Inventory requirements What I took with me - must leave an inventory sheet notifying what was seized

Answer 196

Seizure of items in plain view What I see.. ``` Stop and consider If I had known this was here - could I have got a search warrant? - could I have gone into the place or vehicle with a warrantless search power? If yes, seize the item ```

Answer 197

Entry without warrant to arrest person unlawfully at large - suspect the person is unlawfully at large and - believe that the person is in the place or vehicle Unlawfully at large (prison, police custody, police vehicle, warrant to arrest)

Answer 198

Warrantless entry to search for person who has committed an imprisonable offence - with intention to arrest that person. - suspect that the person has committed an imprisonable offence and - believe that person is in the place or vehicle 1 of - believe that if we don't go in now and arrest them they will leave to avoid arrest and/or - believe that CADD will occur Can only search where a person would be

Answer 199

Enter and search a place for evidential material relating to an arrest. Must - can't use 83 unless we have an arrest and - we believe CADD will occur Only officers involved in the arrest can do 83 and 84

Answer 200

Enter and search vehicle - if we have RGTB that evidential material relating to the offence for which the person was arrested is in or on a vehicle

Answer 201

Search vehicle for stolen property RGBT

Answer 202

Report use of warrantless power (enter and search, surveillance) Before end of shift, asap Not applicable - s85, 88 rub down - s11 custody search - power of entry does not include search - consent search

Answer 203

Warrantless entry to prevent offences or respond to risk of life or safety. • suspect in any place or vehicle - prevent an offence being committed, or likely to be committed likely to cause - injury to any person or - serious damage to or serious loss of any property • there is a risk to the life or safety if any person that requires an emergency response

Answer 204

Searching Place - 14+ offence - enter a place - evidential material - if fear of CADD

Answer 205

Searching person - 14+ offence - public place - evidential material

Answer 206

Searching vehicle - 14+ offence - public place - evidential material

Answer 207

Secure and Exclude Tape and sticks - secure the place or vehicle (becomes ours) - exclude people from our search scene (potential to obstruct or hinder)

Answer 208

117 Between 5 and 11 Allows you to secure a place or vehicle for 6 hours when a search warrant is being applied for

Answer 209

Stay there mate Detain to determine connection to places or vehicles. - detain to determine connection to the purpose of your search any person who - is at the place or vehicle at the start of your search - arrives at during your search - stops at, enters or tries to enter while the search is being carried out. (4) use reasonable force to detain

Answer 210

``` Search detained person time Search any person • who is - found at - arrives at - stops at • the place or vehicle S118 ``` - If you believe evidential material object of the search - Dangerous item a threat to safety

Answer 211

Power to stop vehicle to arrest person unlawfully at large or have committed an imprisonable offence.

Answer 212

Powers and duties of constable after vehicle stopped - demand details from target/s - search vehicle for target - search vehicle for evidential material if target is arrested or seen fleeing from the vehicle

Answer 213

Stopping vehicle for warrantless search S121(1) warrantless eg 84,29,18,20/21,28 S121(2) search warrant

Answer 214

Duty to remain stopped for as long as reasonably necessary

Answer 215

Moving a vehicle to search - if it is impracticable - safekeeping of the vehicle

Answer 216

Obtaining authorisation for warrantless road block - senior constable or higher Must - suspect the vehicle will travel past and - satisfied that it is practible and safe

Answer 217

``` Authorised Road Blocks without warrant you may - establish a road block - stop vehicles - require target to provide details - search the vehicle for the target ```

Answer 218

S114 LTA - random stop S9 SASA - stop and arrest person unlawfully at large or have committed an imprisonable offence S121 SASA - stop for warrantless search - (1) warrantless eg. 84, 29, 18, 20/21, 28 - (2) search warrant

Answer 219

A person is regarded as the owner of any property stolen if, at the time of theft, that person has - possession or control of the property - any interest in the property - the right to take possession or control of the property

Answer 220

No authority, either expressed or implied. From a person who is legally able to give authority

Answer 221

Any building or structure, permanent or temporary. Includes a tent, caravan, houseboat. Includes an enclosed yard or closed cave or tunnel

Answer 222

Arrwst without warrant, person who has failed to comply with S98, 113, or 115.

Answer 223

15% or more

Answer 224

The costs are passed onto the driver