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Wing 359 My Study > Exam 1 352 > Flashcards

Exam 1 352 Flashcards

1
Q

What are the 4 key points in Our Code?

A
  • We have high standards
  • We protect people, our information and our resources
  • We do right by others
  • We are responsible
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2
Q

What is Our Vision?

A

To be the safest country

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3
Q

What is our mission?

A

To prevent crime and harm through exceptional policing

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4
Q

What is our purpose?

A

To ensure everybody can be safe and feel safe

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5
Q

What are the 5 Frameworks for PHPF?

A
  • Strategic
  • Culture
  • Leadership
  • Capability
  • Performance Management
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6
Q

What is S7 VRA2002?

A

Must show courtesy and compassion, respect for their personal dignity and privacy.

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7
Q

What is S8 VRA2002?

A

A victim must have access to the services they require as a result of an offence. These include welfare, health, counselling, medical and legal.

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8
Q

What is S11 VRA2002?

A

Attending parties must inform victims of the services that are available to them.

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9
Q

What is S12 VRA2002?

A

The prosecuting authority must advise the victims of the -

  • progress of the investigation
  • charges filed or actions taken
  • date and place of the proceedings
  • role of the victim as a witness
  • outcome of the proceedings
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10
Q

What is S51 VRA2002?

A

The return of property (other than the offenders) when it is no longer required as evidence.

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11
Q

A victim is defined as?

A
  • A person against who an offence is committed by another person
  • suffers emotional, or physical injury, or loss of, or damage to their property.
  • A parent/legal guardian of a child of the above, unless they are the offender.
  • A member of the immediate family, if someone dies or is incapable as a result of an offence.
  • A person who has experienced domestic violence
  • or a CYP residing with a person who has experienced domestic violence.
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12
Q

What is S29 VRA2002?

A

Labels the specific offences that determine if a victim is eligible to go on the Victim Notification Register (VNR).
The victim will be informed of the bail, release, escape and death of the offender accused.

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13
Q

What are the elements of Assault?

A
  • Assaults

- Another person

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14
Q

What are the Sections and penalties for Assault?

A

S9 SOA1981 - 6months/$4000

S196 CA1961 - 1year

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15
Q

What are the elements for Assaults with a weapon? S202C(a)

A
  • Assaults
  • Another Person
  • Using anything as a weapon
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16
Q

What are the elements for Assaults with a weapon? S202C(b)

A
  • While assaulting any person
  • Has anything with him or her
  • In circumstances that prima facie show an intent to use it as a weapon
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17
Q

What are the 4 types of Assault?

A
  • Direct
  • Indirect
  • Conditional
  • Transferred Malice
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18
Q

What are the 3 factors to consider when deciding on the type of assault charge?

A
  1. The intent - when the offender applied force, what was their intent?
  2. Weapons or degree of force - was the assault a mere slap or were weapons involved?
  3. Injury received - did the victim sustain injury?
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19
Q

What is the difference between Asphyxia and Strangulation?

A

Asphyxia is blockage or blood and/oxygen as a result of direct force on the neck or throat.
Strangulation is a lack of oxygen as a result of covering airways.

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20
Q

What is S39 CA1961?

A

Use of force in making an arrest.

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21
Q

What is S40 CA1961?

A

Use of force to prevent escape or rescue

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22
Q

What is S41 CA1961?

A

Use of force to prevent suicide

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23
Q

What is S42 CA1961?

A

Use of force to prevent breach of peace

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24
Q

What is S48 CA1961?

A

Use of force to defend themselves or another

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25
Q

What is S62 CA1961?

A

Criminally responsible for any excess force used

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26
Q

What are the elements for Wilful Damage? S11(1)(a)

A
  • Intentionally
  • Damages
  • Property
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27
Q

What are the elements for Wilful Damage? S11(1)(b)

A
  • Intentionally
  • Sets fire to
  • Any tree or vegetation
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28
Q

What is the definition of ‘Intentionally’? Wilful Damage

A
  • 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]

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29
Q

What is the timeframe for a prosecution of Wilful Damage to be commenced?

A

6 months

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30
Q

What is the penalty for Wilful Damage?

A

3months/$2000

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31
Q

What does AWOCA mean?

A

Ask, Why, Options, Confirmation, Act

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32
Q

What does VAWSEEPO mean?

A 
Victim
Appreciation 
Witness
Scene
Exhibits
Elements
Powers
Offender
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33
Q

What must a Scene Guard do?

A

UNBENT

Unauthorised access
Notebook recordings
Brief authorised people
Explore and report suspicious activity
No contaminating the scene
Think of animals
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34
Q

What are your responsibilities of initial action at a scene?

A

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.

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35
Q

What to do when setting boundaries at a scene?

A
  • Think BIG
  • Include the offender and victims entry and exit route and vehicles
  • Establish a CAP
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36
Q

What are the elements of Burglary? S231(1)

A
  • 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
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37
Q

When is entry complete? Burglary

A

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

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38
Q

What does having entered mean?

A

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

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39
Q

What does ‘artifice’ mean?

A

Involves using fake authority, or cunning tactics to make entry

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40
Q

What are the elements of Burglary (Having Entered)? S231(1)(b)

A
  • 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
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41
Q

What is aggregated burglary? S232

A

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

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42
Q

What is the penalty for burglary? S231(1)(a) and (b)

A

10 years

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43
Q

What is the penalty for aggregated burglary? S232

A

14 years

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44
Q

What is does ‘SELF’ stand for?

A
  • Scrutiny
  • Ethics
  • Lawful
  • Fair
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45
Q

What are the elements of Theft by Taking? S219(1)(a)

A
  • 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
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46
Q

What are the penalties for theft and receiving?

A

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

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47
Q

What are the elements of Theft by Using or Dealing? S219(1)(b)

A
  • 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
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48
Q

What does dishonestly mean? Theft

A

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

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49
Q

What does without claim of right mean?

A

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

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50
Q

What does uses or deals with mean? Theft

A

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

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51
Q

What are the elements of Receiving? S246

A
  • 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
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52
Q

What does receives mean? Receiving

A

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.

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53
Q

What does property mean? Receiving

A

It must be part of all of the original property.

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54
Q

What does ‘being reckless as to whether the property had been stolen or so obtained’ mean?

A

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

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55
Q

What is the Doctrine of Recent Possession?

A

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.

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56
Q

What are the elements of Robbery? S234

A
  • 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
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57
Q

What is the penalty for Robbery? S234

A

10 years

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58
Q

What is the definition of violence? Robbery

A

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

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59
Q

When must violence be committed for robbery?

A

Before or at the time of theft

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60
Q

What does accompanied by threats of violence mean? Robbery

A

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

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61
Q

What does uses to extort the property mean? Robbery

A

Obtain by violence or intimidation, or to extract forcibly.

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62
Q

What does intent to steal mean? Robbery

A

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

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63
Q

What are the added elements for Aggregated Robbery? S235 CA

A
  • causes grievous bodily harm
  • 2 or more people
  • armed with an offensive weapon
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64
Q

What is the penalty for Aggravated Robbery?

A

14 years

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65
Q

What is Assault with intent to rob? S236

A

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

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66
Q

What is demand with intent to steal? S239 CA

A

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

7 years

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67
Q

What is the definition of a vehicle?

A

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

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68
Q

What is the offence of Inconsiderate Driving?

A

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

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69
Q

What is Careless Driving?

A

Falling below the driving standards of a reasonable prudent motorist.

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70
Q

What is Dangerous Driving?

A

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

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71
Q

What is Reckless Driving?

A
  • Knowingly disregarding ones duty as a driver

- Deliberately running an unjustifiable risk of injury or collision

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72
Q

What is the difference between Reckless and Dangerous Driving?

A

Reckless driving requires the element of intent (mens rea)

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73
Q

What is the offence of Driving while disqualified? S32(1) LTA

A

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

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74
Q

What are the penalties for driving while disqualified?

A

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

3rd or subsequent offence - 2years/$6000 and 1years or more disqualification

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75
Q

What is the offence of Contravening an officers instructions? S52(1) LTA

A

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.

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76
Q

What is the penalty for Contravening an officers instructions? S52(1) LTA

A

$10,000

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77
Q

What is S36A(1)(a) LTA?

A

1A

  • operates a vehicle
  • in a race
  • in an unnecessary exhibition of speed or acceleration
  • on a road in contravention of S22A(1)
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78
Q

What is S36A(1)(b) LTA?

A
  • 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
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79
Q

What is S36A(1)(c) LTA?

A
  • without reasonable excuse
  • operates a vehicle on a road
  • in a manner that causes sustained loss of traction
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80
Q

What S36 LTA subsections can you arrest for?

A

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.

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81
Q

What is S40 LTA?

A

Mobile phone use while driving.

$150 ION

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82
Q

What is S114 LTA?

A

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
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83
Q

What is S113 LTA?

A

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.
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84
Q

What are the differences between S113 and S114 LTA?

A
  • 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.
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85
Q

What is S115 LTA?

A

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

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86
Q

What does a green sticker mean? S115 LTA

A

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

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87
Q

What does a pink sticker mean? S115 LTA

A

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

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88
Q

What is S118 LTA? (1) and (2)

A

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.

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89
Q

What is S118 LTA? (4)

A

Obtaining information after police pursuit. Immediately

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90
Q

What is S119 LTA?

A

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
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91
Q

What is S121 LTA?

A

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
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92
Q

What is S122 LTA?

A
  • Seize for 12 hours
  • Interest of public safety
  • Last resort power
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93
Q

What is S123 LTA?

A

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
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94
Q

What is S95 LTA?

A

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
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95
Q

What is S96 LTA?

A

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

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96
Q

What is a drivers responsibility to stop and ascertain injury?

A

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

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97
Q

What is a drivers duty to report injury?

A
  • 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
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98
Q

What is a drivers duty to report damage?

A
  • 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

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99
Q

Can you collect hospital blood for EBA?

A

Yes

- S73

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100
Q

When can you conduct EBA procedures?

A

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
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101
Q

What is POL515?

A

Breath and Blood Alcohol Procedure Sheet

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102
Q

What must you say to commence BST?

A

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

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103
Q

What is the EBA procedure?

A

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
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104
Q

What must you say to require to accompany you? EBA

A

“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.”

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105
Q

When can you require a person to accompany you for EBT?

A
  • 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”
106
Q

What must you say to commence EBT?

A

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

107
Q

Can you forbid a driver to drive even if they passed EBT?

A

Yes S121

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

108
Q

When do you move onto blood? EBA

A

If the driver refuses or fails EBT.

109
Q

What is the 10 minute period for? EBA

A

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.

110
Q

At what stages of the EBA procedure can drink drivers be arrested?

A
  • 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

111
Q

Issuing a summons… EBA

A

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)

112
Q

When can you start blood procedures? EBA

A
  • EBT is unavailable
  • Refuses or fails to undergo EBT
  • An ‘incomplete’ result is obtained
  • Driver elects blood
113
Q

When can EBA IONs be issued?

A
  • 20+ 250-400mcg
  • 20- 0-150mcg
    $200, 50 demerits
    Cannot elect blood
114
Q

What do you do when driver elects blood? EBA

A

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.

115
Q

What is your power to suspend licences? EBA

A

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

116
Q

What is your power to impound vehicles? EBA

A

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

117
Q

What is S58 LTA?

A

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

118
Q

What are drivers EBA limits?

A

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
119
Q

What are your most common powers of arrest without warrant?

A

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

120
Q

What is S315(2)(a) CA?

A 
Power of arrest
- He finds
- Disturbing the public peace
OR
- Committing any offence
- Punishable by imprisonment
121
Q

What is S315(2)(b) CA?

A 
Power of arrest
- He has good cause to suspect
- Of having committed a breach of the peace
OR
- Any offence
- Punishable by imprisonment
122
Q

What is S39(1) SOA?

A

Power of arrest

  • He has good cause to suspect
  • Of having committed an offence against this Act
  • Except sections 17-20, 25, 32-38
123
Q

What is S39(2) SOA?

A

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
124
Q

What does arrest mean?

A

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

125
Q

What does WEEP mean?

A

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

126
Q

What must you do to place somebody under arrest?

A

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.

127
Q

What is S316 CA?

A

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
128
Q

What powers allow you detain and search people?

A

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

129
Q

What is S21 BOR?

A

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

130
Q

What is S22 BOR?

A

Everyone is protected from arbitrary or random arrest or detention.

131
Q

What is S23 BOR?

A

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

132
Q

What is S24 BOR?

A

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

133
Q

What must you say when you detain somebody for questioning?

A

“You are free to leave at any time” and

“You do not have to remain to answer any questions”

134
Q

What age is a Child? OTA

A

Person under the age of 14

135
Q

What age is a Young Person? OTA

A

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

136
Q

What is the paramount principle of the OTA 1989?

A

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

137
Q

What is S42 OTA?

A

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

138
Q

What is S48 OTA?

A

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.
139
Q

What is S10B SOA?

A

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

140
Q

Who should be reported to alleged child abuse?

A

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

141
Q

What does ‘in need of care and protection’ mean? OTA

A

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)

142
Q

What is S39 OTA?

A

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

143
Q

What are you obligations under S42 OTA?

A

On entering

  • Produce ID
  • State you are using OTA 1989, S42
144
Q

What are the 5 things S42 OTA allow you to do?

A
  • Enter
  • Search
  • Remove
  • Detain
  • Place
145
Q

What does S48 OTA allow you to do?

A

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.

146
Q

What is S8 OTA?

A

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

147
Q

What does intent to deprive any owner permanently of that property mean? Theft

A

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

148
Q

What is the most important thing to consider when using S42 OTA?

A

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

149
Q

What is the most important thing to consider when using S48 OTA?

A

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

150
Q

What are the 4 primary considerations of the OTA when CYP commit offences?

A
  • 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
151
Q

When an arrest is made on a CYP who must be informed?

A

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

152
Q

When giving CYP their rights what must you do?

A

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.

153
Q

What is S214 OTA?

A

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

154
Q

What is S214A OTA?

A

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.

155
Q

When can you take statements from a CYP?

A
  • Rights/Caution explained
  • Allowed to consult a lawyer or nominated person or both
  • Statement taken in the presence of either one
156
Q

When can an oral statement be admissable from a CYP?

A

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

157
Q

Who can be a nominated person? OTA

A
  • Parent or Guardian of CYP
  • An adult member of the family
  • Any other adult selected by CYP

Adult means 20years or older

158
Q

What happens when a CYP fails or refuses to nominate a person?

A

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

159
Q

When can Police refuse a nominated person?

A
  • 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
160
Q

What do you do after you have required a person to accompany you for an EBT?

A
  • 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
161
Q

What does CADD stand for?

A

Concealed
Altered
Damaged
Destroyed

162
Q

Criminally responsible ages?

A
  • 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
163
Q

What are the elements of Unlawful Takes/Uses Vehicle? S226 CA

A
  • 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
164
Q

What does ‘uses’ mean? Unlawful

A

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

165
Q

What is the penalty for Unlawful takes/uses vehicle? S226 CA

166
Q

What are the elements of Unlawful interferes with vehicle? S226(2) CA

A
  • Dishonestly
  • Without claim of right
  • Interferes with
  • Any vehicle
    OR
    Any ship
    OR
    Any aircraft
167
Q

What are the elements of Unlawfully getting into OR upon? S226(2) CA

A
  • Dishonestly
  • Without claim of right
  • Gets into
    OR
    Gets upon
  • Any vehicle
    OR
    Any ship
    OR
    Any aircraft
168
Q

What are the elements of Possession of instruments? S227 CA

A
  • 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
169
Q

What is the penalty for Unlawful interferes and Unlawfully getting into/upon? S226(2) CA

170
Q

What is the penalty for Possession of instruments? S227 CA

171
Q

What are the elements of Offensive OR Disorderly Behaviour? S4(1)(a) SOA

A 
- In a public place
OR
  Within view of a public place
- Behaves in an offensive manner
OR
  Behaves in a disorderly manner
172
Q

What is the penalty for Offensive or Disorderly Behaviour? S4(1)(a) SOA

173
Q

What is the definition of Offensive Behaviour?

A

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

174
Q

What is the definition of Disorderly Behaviour? S4(1)(a) SOA

A

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

175
Q

What is S3 SOA?

A

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

176
Q

What is S5A SOA?

A

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

177
Q

What are the elements of Fighting in a public place? S7 SOA

A
  • Fights

- In a public place

178
Q

What is the penalty for fighting in a public place? S7 SOA

179
Q

What does ‘fights’ mean? Fighting in a public place

A

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

180
Q

What is the definition of a ‘public place’?

A

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.

181
Q

What is the importance of time, place, circumstances?

A

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.

182
Q

What are the elements of Excreting in a public place? S32(1) SOA

A
  • Urinates or defecates

- In any public place

183
Q

What is the penalty for Excreting in a public place?

184
Q

Can you arrest for Excreting in a public place S32(1) SOA?

A

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

185
Q

What is the best defence available to Excreting in a Public Place? S32 SOA

A

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

186
Q

What are the elements of Resisting Police? S23(a) SOA

A
  • 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
187
Q

What does resists mean? Resisting Police

A

Requires some degree of force by the offender

188
Q

What is the penalty for Resisting or Obstructing Police S23(a) SOA?

A

3 months/$2000

189
Q

What are the elements of Obstructing (Resisting Police)? S23(a) SOA

A
  • 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
190
Q

What are the ways people can obstruct Police?

A
  • Physical obstruction
  • Delaying the Police
  • Warning of Police approaching
  • Refusing to obey lawful instructions
  • Telling untruths
191
Q

What does ‘intentionally obstructs’ mean? Obstructing (Resisting Police)

A

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

192
Q

What are the elements of Trespass after warning to leave? S3 TA

A
  • Trespasses
  • On any place
  • After being warned to leave that place by an occupier of that place
  • Neglects or refuses to do so
193
Q

What is the penalty for Trespass S3 and S4 TA1980?

A

3 months/$1000

194
Q

What does trespasses mean?

A

Is on another persons property without authority or permission

195
Q

What does ‘neglects or refuses to do so’ mean? TA

A

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

196
Q

What does ‘lawful occupier’ mean? TA

A

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

197
Q

What is the legal defence to Trespass? S3 TA

A
  • Their own protection
  • The protection of somebody else
  • An emergency involving their property or the property of some other person
198
Q

When does a person become a trespasser?

A

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

199
Q

What are the elements of Trespass after previous warnings? S4(4) TA1980

A
  • Being a person who has been warned under S4 to stay off any place
  • Wilfully trespasses on that place
  • Within 2 years
200
Q

What does ‘wilfully trespasses’ mean? TA

A

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

201
Q

When can trespass notices be given?

A

When a person is

  • likely to trespass
  • are trespassing
  • have trespassed
  • have been convicted of trespass
202
Q

What is the legal defence to Trespass? S4(4) TA

A
  • 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
203
Q

What is S56 CA1961?

A

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.

204
Q

How do you issue a Trespass warning?

A

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

205
Q

What details must a trespasser provide the occupier or Police?

A
  • 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
206
Q

What are the elements of Being found on property without reasonable excuse (Building/Transport)? S29(1)(a) and (c) SOA

A
  • 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
207
Q

What is the penalty for Being found on property without reasonable excuse (Building/Transport) or (enclosed yard or area)? S29 SOA

A

3months/$2000

208
Q

What are the elements of Being found on property without reasonable excuse (enclosed yard or area)? S29(1)(b) SOA

A
  • Found
  • Without reasonable excuse
  • In
  • Any enclosed yard or other such place
209
Q

What does ‘appurtenant’ mean? Enclosed yard, garden or area

A

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

210
Q

What does ‘found’ mean? Being found on property without reasonable excuse

A

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

211
Q

Can you warn for being found on property without reasonable excuse?

A

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

212
Q

What deaths must be reported to the Coroner immediately?

A

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

213
Q

What is a post-mortem?

A

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

214
Q

What is the purpose of an inquest?

A

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.

215
Q

What forms come with a 1S?

A
  • Verification of death form
  • Deceased person identification form
  • Pathologist report
  • Initial Police report for Coroner POL47
  • Statements, job sheets, depositions, evidence
216
Q

What deaths must a Coroner hold an inquiry into?

A
  • Suicide
  • Institutional
  • Cause/circumstances of the death not clearly established
217
Q

Who can sign off on the cause of death? other than the pathologist

A

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

218
Q

What are the order of events when attending a sudden death?

A

• 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

219
Q

What is S125 SASA?

A

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
220
Q

What is S85 SASA?

A

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

Rub down search

221
Q

What is S86 SASA?

A

While searching under S85

  • remove, raise, lower, open any outer clothing
  • remove and head coverings, gloves, footwear, socks, stockings
222
Q

What is S88 SASA?

A

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
223
Q

What is S11 SASA?

A

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
224
Q

What is S13 SASA?

A

Return of property and money

  • if they are transferring facility, it goes with the transport.
225
Q

What is S92 SASA?

A

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
226
Q

What is S93 SASA?

A

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
227
Q

What is S94 SASA?

A

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
228
Q

What is S95 SASA?

A

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
229
Q

What is S131 SASA?

A

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
230
Q

What is S110 SASA?

A

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

231
Q

What is S133 SASA?

A

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

232
Q

What is S123 SASA?

A

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
233
Q

What is S7 SASA?

A

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)

234
Q

What is S8 SASA?

A

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

235
Q

What is S83 SASA?

A

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

236
Q

What is S84 SASA?

A

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
237
Q

What is S29 SASA?

A

Search vehicle for stolen property RGBT

238
Q

What is S169 SASA?

A

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
239
Q

What is S14 SASA?

A

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

240
Q

What is S15 SASA?

A

Searching Place

  • 14+ offence
  • enter a place
  • evidential material
  • if fear of CADD
241
Q

What is S16 SASA?

A

Searching person

  • 14+ offence
  • public place
  • evidential material
242
Q

What is S17 SASA?

A

Searching vehicle

  • 14+ offence
  • public place
  • evidential material
243
Q

What is S116 SASA?

A

Secure and Exclude
Tape and sticks

  • secure the place or vehicle (becomes ours)
  • exclude people from our search scene (potential to obstruct or hinder)
244
Q

What is S117 SASA?

A

117 Between 5 and 11

Allows you to secure a place or vehicle for 6 hours when a search warrant is being applied for

245
Q

What is S118 SASA?

A

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

246
Q

What is S119 SASA?

A 
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
247
Q

What is S9 SASA?

A

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

248
Q

What is S10 SASA?

A

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
249
Q

What is S121 SASA?

A

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

250
Q

What is S128 SASA?

A

Duty to remain stopped for as long as reasonably necessary

251
Q

What is S122 SASA?

A

Moving a vehicle to search

  • if it is impracticable
  • safekeeping of the vehicle
252
Q

What is S30 SASA?

A

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

253
Q

What is S32 SASA?

A 
Authorised Road Blocks without warrant
you may
- establish a road block
- stop vehicles
- require target to provide details
- search the vehicle for the target
254
Q

What are your powers to stop vehicles?

A

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

255
Q

What is the meaning of ownership? Theft

A

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
256
Q

What does ‘without authority’ mean? Burglary

A

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

257
Q

What does ‘any building’ mean? Burglary

A

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

258
Q

What is S116 LTA?

A

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

259
Q

What is the difference between two sample scores for an EBT to be considered ‘incomplete’?

A

15% or more

260
Q

Who pays for an EBT?

A

The costs are passed onto the driver

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