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Police College > Exam Revision > Flashcards

Exam Revision Flashcards

1
Q

What are the elements of Wilful Damage?

A

1) Intentionally
2) Damages
3) Property

Without claim of right, lawful justification, excuse. Can also be reckless where the consequences were foreseeable. Damage/usefulness can be reduced temporarily/permanently for this offence.

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2
Q

Outline practical application procedures for dealing with wilful damage.

A

Use the Systematic Approach (VAWSEEPO).
Prevent further damage occurring or safeguard property until the owner or agent is present.
Note or seize evidence of the offence.
Find out the value of the damaged property. This can be done by obtaining a quote for the full cost of replacement or repair.
Include in your Summary of Facts a request for the court to order reparation (compensation)

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3
Q

Identify Act and section for Wilful Damage.

A

s11(1)(a) of the Summary Offences Act for wilful damage.

s11(1)(b) of the Summary Offences Act for setting vegetation on fire.

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4
Q

Define what is meant by the terms graffiti vandalism and tagging.

A

Graffiti vandalism and tagging are defined as damaging or defacing any building, structure or property by writing, painting, spraying or etching on to that property

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5
Q

Outline the circumstances that must exist for it to be an offence to be in possession of graffiti implements.

A

Offence against section 11A Summary Offences Act (graffiti, tagging, etc.) in circumstances in which it can reasonably be inferred that he or she intends to use implements to commit such an offence.

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6
Q

Outline two defences available where spray cans are sold to persons under 18 years of age / for use by such persons.

A

Where a spray can is sold by an education institution to its students.

Where an age document has been presented which was believed on reasonable grounds.

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7
Q

Define the method that spray cans must be stored to ensure that a retailer is complying with the Act.

A

Must require assistance of shopkeeper to be accessed.

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8
Q

What are your powers of arrest under sections 315 and 39?

A

Crimes Act 1961 s315(2)(a) – HE FINDS – disturbing public peace or committing any offence punishable by imprisonment.

Crimes Act 1961 s315(2)(b) – HE HAS GOOD CAUSE TO SUSPECT – of having committed breach of the peace or any offence punishable by imprisonment.

Summary Offences Act 1961 s39(1) – HE HAS GOOD CAUSE TO SUSPECT – of having committed any offence against this Act except section 17-20, 25, 32 – 38.

Summary Offences Act 1961 s39(2) – WITHIN HIS VIEW – does an act the constable believes is an offence against sections 17-20, 25, 32-38 AND fails to give name and address. Example, urinating in public and refusing to give name and address, or false details

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9
Q

What must you do and say to effect a valid arrest?

A

“You are under arrest.”
Plus 1) formally touching the body of the person being arrested, eg by placing a hand on the offender’s shoulder
Or 2) an agreement from the person being arrested that they will submit to the process

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10
Q

What legal protection do you have when exercising a power of arrest?

A

When acting in good faith you are protected form CRIMINAL action.

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11
Q

What must you do in relation to section 316 of the Crimes Act?

A

Show the arrest warrant at the earliest possible opportunity after the arrest.

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12
Q

List the elements of assault.

A

ASSAULTS - intentionally applies force (direct, indirect, conditional, transferred malice)
AND
ANOTHER PERSON - has to be a person other than offender.

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13
Q

List the Act and Section that confers legal justification for the use of force.

A 
Crimes Act 1961
s39 - Power to Arrest
s40 - Escape or Rescue
s41 - From harm to ones self
s42 - Prevent/stop breach of peace
s48 - defence of ones self or another
s62 - liable for any excess
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14
Q

Define implied consent.

A

In everyday life, technical assaults are committed through such acts as:
• Touching a person on the shoulder.
• Shaking hands.
• Acts of affection, such as a kiss or a hug.
These acts have an implied consent. However, a person cannot consent to a criminal assault; that is, an assault
committed by a person with intent to hurt or harm the victim

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15
Q

Outline how you would deal with two people fighting in a public place.

A

Separate Parties
Interview out of hearing of each other
Check for independent witnesses
Check state of mind

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16
Q

Elements of fighting in public.

A

Summary Offences Act - s7

Fights - two or more people willingly punching, striking, wrestling.

In a public place (time, place, circumstance)

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17
Q

Elements of Disorder likely to cause violence.

A

Summary Offences Act - s3

In a public place OR within view of a public place.

Behaves in OR incites/encourages some to behave in.

A riotous, offensive, threatening, insulting manner.

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18
Q

Elements of Offensive or Disorderly behaviour.

A

Summary Offences - s4

In a public place OR within view of a public place.

Behaves in an offensive OR disorderly manner.

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19
Q

What defence is available to persons charged under:

− section 32(1)?

A

s32 - excreting in a public place. The defence is if they had reasonable grounds to believe that they would not be observed.

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20
Q

Powers of arrest for disorder offences.

A

Summary offences Act s39(1) and s39(2)

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21
Q

Elements of Theft.

A

Crimes Act 219 and 223.

DISHONESTLY - without belief that there was consent or authority from owner.

WITHOUT CLAIM OF RIGHT - no belief in a right to own or possess the property.

TAKES

ANY PROPERTY

WITH THE INTENT TO PERMANENTLY DEPRIVE OF PROPERTY/INTEREST

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22
Q

Elements of theft- uses or deals with.

A

Crimes Act 219 and 223.

DISHONESTLY - without belief that there was consent or authority from owner.

WITHOUT CLAIM OF RIGHT - no belief in a right to own or possess the property.

USES OR DEALS WITH - exceeds authority or conditions

ANY PROPERTY

WITH THE INTENT TO PERMANENTLY DEPRIVE OF PROPERTY/INTEREST

AFTER OBTAINING POSSESSION/CONTROL IN WHATEVER MANNER

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23
Q

Elements of Burglary.

A

ENTERS - as soon as body/instrument crosses plane

ANY BUILDING/PART OF - includes yard that is enclosed, any structure, tent, etc

WITHOUT AUTHORITY

WITH INTENT TO COMMIT IMPRISONABLE OFFENCE

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24
Q

Burglary (having entered) elements.

A

HAVING ENTERED

ANY BUILDING OR SHIP/PART OF

REMAINS WITHOUT AUTHORITY

WITH THE INTENT TO COMMIT AN IMPRISONABLE OFFENCE

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25
Q

Aggravated Burglary.

A

Has a weapon.

Uses anything as a weapon whilst still in the building or ship.

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26
Q

Trespass under s(3) of the Trespass Act.

A

TRESPASSES

ON ANY PLACE

AFTER BEING WARNED TO LEAVE THAT PLACE BY THE LAWFUL OCCUPIER

NEGLECTS OR REFUSES TO DO SO - must be given reasonable time to leave.

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27
Q

Trespass under s(4) of the Trespass Act.

A

BEING A PERSON WHO HAS BEEN WARNED UNDER S4 TO STAY OFF ANY PROPERTY

WILFULLY TRESPASSES

WITHIN 2 YEARS

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28
Q

Ability to use force to remove trespasser is derived from what provision?

A

Under section 56 of the Crimes Act 1961, you may use reasonable force to
prevent any person from trespassing on land or building, or to remove them
from, when lawfully assisting any person in peaceable possession of such
land or building. You must not strike or do bodily harm to that person.

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29
Q

What does s9 of the Trespass Act 1980 pertain to?

A

Where any person is found trespassing on any private land; the occupier or any member of police may require that person to:
a) give their name and address, and
b) if they are in possession of a firearm, give their firearms licence
number.

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30
Q

Legal defence to Trespass.

A

Their own protection.

Protection of another.

Emergency involving property or property of some other person.

S4 ONLY - occupier who gave the warning no longer occupies the building.

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31
Q

What is a lawful occupier?

A

‘Lawful occupier’ means any person in lawful occupation of that place or
land and includes any employee or other person acting under the authority of
any person in lawful occupation of that place or land.

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32
Q

What are the provisions of section 56 of the Crimes Act?

A

Under section 56 of the Crimes Act 1961, you may use reasonable force to prevent any person from trespassing on land or building, or to remove them
from, when lawfully assisting any person in peaceable possession of such land or building. You must not strike or do bodily harm to that person.

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33
Q

Unlawful on Property elements.

A

Summary Offences s29

FOUND

WITHOUT REASONABLE EXCUSE

IN OR ON

BUILDING/AIRCRAFT/TRAIN/VEHICLE/SHIP

for enclosed yard/ Gardens etc - It must be APPURTENANT

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34
Q

Resisting Police - Elements.

A

RESISTS or INCITES OR ENCOURAGES ANYONE TO RESIST

ANY CONSTABLE OR AUTHORISED OFFICER OR ETC ETC

note: requires a use of force. Must be lawfully exercising their powers

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35
Q

Obstructing Police.

A

INTENTIONALLY OBSTRUCTS or INCITES/ENCOURAGES SOMEONE TO OBSTRUCT (making more difficult to carry out duties)

ANY CONSTABLE, AO, etc..lawfully exercising their powers.

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36
Q

Robbery - Crimes Act s234 - Elements.

A

THEFT

ACCOMPANIED BY VIOLENCE OR THREATS OF VIOLENCE - before or at time of theft

TO ANY PERSON OR PROPERTY

USED TO EXTORT PROPERTY STOLEN OR TO OVERCOME RESISTANCE

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37
Q

Procedures at scene of a robbery.

A

preserve life, protect victim, preliminary interview.

Freeze, control, preserve.

Usual actions.

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38
Q

Assault with Intent to Rob.

A

Assault with intent to rob is where any person assaults (as defined in section
2 of the Act) a person with the intention to rob them.

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39
Q

Receiving - s246 - elements.

A

RECEIVES - receive, help conceal, destroy

ANY PROPERTY STOLEN or
ANY PROPERTY UNLAWFULLY OBTAINED

KNOWING THAT PROPERTY TO BE STOLEN or
BEING RECKLESS TO IT

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40
Q

Receiving - Guilty Knowledge.

A

Guilty knowledge on the part of the receiver is an essential element for the offence of receiving. Guilty knowledge may be proved by:
• Direct evidence; for example, evidence given by the actual thief.
However, it is unwise to convict an alleged receiver on the thief’s uncorroborated evidence.
• Circumstantial evidence;

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41
Q

Doctrine of Recent Possession.

A

If a person is found in possession of property that has recently been stolen, this is sufficient evidence to justify a finding that the possessor is either the thief or a dishonest receiver. The possession is accepted by the courts as circumstantial evidence that the person either stole the property or received it from the thief.

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42
Q

When can receiving not be committed?

A

When it is not part or whole of the ORIGINAL property.

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43
Q

What is Our Mission?

A

To be the safest country in the world.

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44
Q

What is Our Vision?

A

To have the trust and confidence of all.

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45
Q

What is our Motto?

A

Safe Communities Together.

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46
Q

Unlawful takes vehicle - Elements.

A

DISHONESTLY

WITHOUT CLAIM OF RIGHT

BUT SO AS NOT TO BE GUILTY OF THEFT

TAKES

FOR ANY PERSONS PURPOSE

ANY VEHICLE/PART OF/SHIP/AIRCRAFT/HORSE

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47
Q

Unlawful uses vehicle - Elements.

A

DISHONESTLY

WITHOUT CLAIM OF RIGHT

BUT SO AS NOT TO BE GUILTY OF THEFT

USES

FOR ANY PERSONS PURPOSE

ANY VEHICLE/SHIP/AIRCRAFT/HORSE/PART OF

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48
Q

s83 - Search and Surveillance Act

s84 Seach and Surveillance Act

s85 Search and Surveillance Act

s88 Search and Surveillance Act

A

s83 - Entry without warrant after arrest.

s84 - Entry and search of vehicle after arrest

s85 - Rub down search of arrested person to ensure they are not carrying anything that may harm any person, or facilitate their escape.

s88 - Warrantless search for evidential material, anything that may harm, or anything that may facilitate escape.

Both are exemption to s169 to notify.

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49
Q

s92 Search and Surveillance Act
s93 Search and Surveillance Act
s95 Search and Surveillance Act

A

92 - Purpose for which consent search can be undertaken - prevent offence - protect life/property/injury - investigate offence

93 - advice must be given - reason for search and make sure that they know that they are able to refuse.

95 - A person under 14 cannot consent to search of place, vehicle or thing. Exception if they are driving with no passenger over 14 who can consent.

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50
Q

s7 Search and Surveillance
s8 Search and Surveillance
s11 Search and Surveillance
s14 - Search and Surveillance

A

s7 - Search property for unlawfully at large
s8 - Search property for CADD
s11 - Search in custody for property and money
s14 - Kick in the door - risk to life, injury, serious property damage.

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51
Q

s125 Search and Surveillance

s169 Search and Surveillance

A

s125 - NARI and Bill of Rights

s169 - Requirement to notify after exercise of power

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52
Q

List Powers: LTA 1998
s113 - 119
s121 - 123

A

s113 - DIMDFFD
s114 - Stop a vehicle and demand details. Give full name, full address, date of birth, occupation, and telephone number. Vehicle owners details to best of ability. Can detain for 15min for details. Can arrest if refusal.
s115 - Pink Sticker (555) and green sticker (650).
s116 - Can arrest for failing to comply with direction under 113 or 115
s118 - Owner/ Hirer to give details within 14 days. Immediately if pursuit.
s119 - Entering premises and seize vehicle. Can enter for EBA if refused to stop.

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53
Q

List Powers: LTA 1998

s121 - 123

A

s121 - can forbid from driving, take keys, order off road (mental or physical impairment etc). FARMED - forbid - all keys to be surrendered - render vehicle immobilised - move - EBA - Direct. Must forbid 12 hours for EBA. Can arrest under this section if failure to comply.
s122 - seize vehicle for 12 hours fr public safety - last resort.
s123 - seize vehicle for 7 days - serious accident or hit and run. Evidence.

54
Q

List Powers: LTA 1998
s90
s95 - 96

A

s90 - suspend from driving for exceeding demerit points.
s95 - Suspending licence for 28 days. Breath, Blood, Breath, Blood, refused test, speed (40km over).
s96 - Impounding vehicles for 28 days. disqualified, suspended, forbidden. Boy racers s96A - exhibition of speed, without reasonable excuse lost traction.

55
Q

What is the paramount principle of the Oranga Tamariki Act 1989?

A

s6 - Welfare and interest of child or young person shall be the first and paramount consideration.

56
Q

Define a child in Child Protection - Oranga Tamariki.

A

In the Oranga Tamariki Act 1989:
A child is a boy or girl under the age of 14 years
A young person is a boy or girl of or over the age of 14 years but under 18 years.

57
Q

Define a child in need of care and protection.

A

s14 Oranga Tamariki - s14(1)(a)-(i).

Abused, neglected, abandoned, impaired, out of control, unable to form psychological attachment.

58
Q

What are your powers and obligations under section 42 Oranga Tamariki Act?

A

s42 - Warrantless - Believes on reasonable grounds - critically necessary to protect child. Enter, Search, Detain, Remove, and Place.

Produce evidence of identity and Disclose powers being exercised.

59
Q

s39 Oranga Tamariki?

A

s39 - Warrant to Enter, Search, Detain, Remove, Place.

60
Q

Outline the role of police in protecting unaccompanied children and young persons under section 48 Oranga Tamariki.

A

s48 - Unaccompanied children and young persons. Unaccompanied - Physical or mental health likely to be impaired - Take with consent to parents or if parents/child do not consent, they can then place with Oranga Tamariki without consent.

61
Q

What is your emergency power to enter and remove a child or young person from a dangerous situation?

A

s42 Oranga Tamariki.

62
Q

What are the elements of section 10B of the Summary Offences Actc1981?

A

10B - being a parent or guardian or a person for the time being having the care of a child under the age of 14 years - 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.

63
Q

As per s221 Oranga Tamariki Act, what must you do to have a young persons statement be admissible in Court?

A

They must make the statement in the presence of a nominated person or lawyer. They must have a chance to speak to them before making the statement - in private. If the nominated person is not suitable eg a gang member, you can make them choose another one.

64
Q

Under what can you arrest under s214 of Oranga Tamariki?

A

A child or young person refuses to give their details. It is essential to establish their identification to ensure their appearance at Court.
• A child or young person runs from the scene.
• A child or young person is likely to abscond.
• A child or young person is intoxicated and/or fighting and is likely to commit further offences.
• A child or young person has stolen property on them and they refuse to allow you to search them and/or are likely to get rid of it.
• A child or young person is part of an adult gang and threatens to ‘get at’ a witness.

65
Q

When can you arrest a child or young person for breaching bail?

A

A constable may arrest a child or young person without a warrant if—

a) the child or young person has been released on bail; and
b) the constable believes, on reasonable grounds, that—
i) the child or young person has breached a condition of that bail; and
ii) the child or young person has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).

66
Q

When must you read a child or young person their rights?

A

When there are reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
• Before asking the child or young person questions intended to obtain an
admission of an offence, (Section 215).
• When, during questioning, the officer forms reasonable grounds to suspect the child or young person has committed an offence, (Section
215).
• When, during questioning, the officer has decided to charge the child or young person, (Section 216).
• On arresting the child or young person, (Section 217).

67
Q

What sections of Search and Surveillance allow you to search for

  • drugs
  • offensive weapon
  • firearms
A

drugs - s22
offensive weapon - 27
firearms - 18

68
Q

Search and Surveillance
s29
s121
s131

A

s29 - Search vehicle without warrant for stolen property. Must be in a public place.

s121 - Power to stop a vehicle to exercise a search power under S&S. (NIAR).

s131 - obligations when search PVT. NIAR.

69
Q 
Victims Rights Act
s7
s8
s11
s12
s51
A

s7 - treat with courtesy, compassion. Respect dignity.
s8 - Access to services
s11 - Informed of services
s12 - Information about proceedings
s51 - Return of property held as evidence

70
Q

Search and Surveillance
s15
s16
s17

A

s15 - Entry without warrant to find and avoid loss of evidential material relating to offences over 14yrs. CADD.

s16 - Searching people in public place without warrant for evidential material relating to offences over 14 yrs. CADD.

s17 - Warrantless entry and search of vehicle for evidential material relating to offences over 14yrs. CADD.

71
Q

Search and Surveillance

s18, 20, 21, 22, 27, 28

A

s18 - Firearms
s20 - Places and Vehicles for drugs
s21 - Search of people found in place being searched under s20
s22 - Search person for drugs where good cause to suspect.
s27 - Search person for offensive weapons where good cause to suspect
s28 - Stopping and searching vehicles without warrant if offensive weapon offence/possession suspected.

72
Q

s9 Search and Surveillance

s32 Search and Surveillance

A

s9 - Stop vehicle when reasonable grounds to suspect person unlawfully at large, or who has committed offence. MUST have reasonable grounds to believe that person is in car.
s32 - roadblock where you can demand details of anyone suspected of committing offence, or search car for person.

73
Q

Search and Surveillance Act

s110, s112, 113, 123

A

s110 - Search Powers. To use force to enter and search and seize. To take ohotographs, recordings and drawings.
s112 - Do what you wanna do. Items of uncertain status may be seized, to be analysed for lawfulness of seizure.
s113 - Someone come help me. Can ask for assistance to get into etc.
s123 - Take what you can see. Can seize items in plain view.

74
Q

Search and Surveillance Act

s116, s117, s118

A

s116 - Yellow tape + sticks. Secure P.V.T. to be searched.
s117 - 5-11. 6 hours shut down, unless you get a warrant.
s118 - You connected mate? Detention if connected. Must be on proeprty, cannot be out on the street or something.

75
Q

Our Mission.

A

Be safe, feel safe.

76
Q

NZBORA s21, 22, 23, 24

A

s21 - Right to be safe from unreasonable search.
s22 - Right to be safe from arbitrary arrest.
s23 - Rights to be read after arrest
s24 - Right to be given rights when charged

77
Q

Identify the five situations when a constable can request a breath screening test.

A

s68 Land Transport Act
Any driver of a vehicle on any road.
Any person attempting to drive a vehicle on any road.
Any person you have good cause to suspect of committing an offence against LTA.
Any driver of a vehicle in an accident.
Where the driver is not known and you have reason to suspect one of the passengers was driving.

78
Q

Age requirements for EBA charges.

A

under 20 is zero alcohol. Where you are not sure if a person is under 20 then you can treat them as over 20 unless they can prove otherwise.

79
Q

Four requirements you can make during the EBA procedure.

A

Passive test
Breath Screening Test
Evidential Breath Test
Blood test

80
Q

At what Breath/Blood alcohol level is at an infringement, court summons, and instant 28 day disqualification?

A

250 mcg breath, or 50 mcg blood for infringement notice.
400mcg breath or 80mcg blood for Court summons.
650 mcg breath and 130 mcg blood for instant 28 day disqualification and Court summons.

81
Q

What can you be arrested for in an EBA procedure?

A

s59 LTA 1998
s59(1)(a) - Fail or refuses to remain for result of BST.
s59(1)(b) - Fails or refuses to accompany without delay for EBT, blood test, or both.
s60(1)(a) - Fails or refuses to provide blood specimen for enforcement officer.
s60(1)(b) - Fails or refuses to give blood specimen for medical practitioner.

NOTE: If you arrest you must inform them that they may receive police bail.

82
Q

What must you do after the EBT - it is a right they must consider under s71A?

A

Give them a 10min period to request blood. 10min by law, 12 min by police policy.

83
Q

When must you impound someones car.

A

EBA over 400mcg or bloods over 80mcg, or refusing a blood test. For all these, they must have been convicted of 2 relevant offences in the last 4 years.

84
Q

Hospital bloods. What is the power to obtain?

A

s73 LTA - Rights of hospitals to take blood tests.

85
Q

CIT - which section.

A

s71A - - compulsory impairment test - good cause to suspect that the person has consumed a drug or drugs.

86
Q

GCS for CIT comes from what two things?

A

Observation of driver

Manner of driving

87
Q

What is an example of incapable to drive?

A

Gross intoxication/drugs, rendering you incapable of driving.

88
Q

What are your powers to deal with incapable driving?

A

s58 power to arrest for clinical examination.

s73 allows you to take blood to test for alcohol/drugs

89
Q

Unlawful carriage or possession of firearm - s45.

A

Except for some lawful proper and sufficient purpose.

Carries OR is in possession of.

Firearm, air gun, pistol, restricted weapon, or explosive.

90
Q

Carrying an imitation firearm - s46.

A

Except for some lawful proper and sufficient purpose.

Carries.

An imitation firearm.

91
Q

Discharging firearm - s48.

A

Without reasonable cause.

Discharges.

Firearm, air gun, pistol, restricted weapon.

In or near a dwelling or house OR In or near a public place.

So as to endanger property OR So as to endanger any person OR annoy a person OR frighten any person.

92
Q

Presenting a firearm - s52.

A

Except for some lawful and sufficient purpose.

Presents.

Firearm OR airgun OR pistol OR restricted weapon.

At any other person.

93
Q

Presenting anything - s52.

A

Except for some lawful and sufficient purpose.

Presents

At any other person

Anything

In circumstances that is likely to lead them to believe that it is a firearm, air gun, restricted weapon, or pistol.

94
Q

Firearms - what are your powers?

A

s40 - demand name/address/DOB. Can arrest if they refuse to comply, but you MUST warn them first.

s18 S&S Act - search fire firearms where you have reasonable grounds to suspect - dont forget s125 and s169.

95
Q

Arms Act - s66.

A

If you are the occupier of the vehicle/property, the firearm is held to have been in your possession unless you can prove it belongs to someone else. Puts the burden of proof on the occupier.

96
Q

Duties of firearms licence holders.

A

Keep licence legible and undamaged.
Produce on police demand.
If no licence on them, must produce at police station within 7 days.
Notify within 30 days of change of address.
Report to police in writing any theft/destruction/loss.
If death or injury results, notify police as soon as is practicable.

97
Q

Categories of Firearms Licence

A 
A - ful licence
B - pistols
C - collections of restricted weapons - theatrical purposes.
D - dealers
E - MSSAs
98
Q

Age requirements for firearms.

A

U16 - cannot own a firearm or air gun, but can use under supervision.
16 - 18 - Requires licence for firearm and air gun.
Over 18 - Requires licence for firearm but not for air gun.

99
Q

s36 Policing Act 2008.

A

Care and Protection of intoxicated people. Can take to place or residence or temporary shelter. EG detox in the cells for 2 hours.

100
Q

Sale and Supply of Alcohol Offences

A

s39 - Sale or supply of alcohol to people under purchase age on or from licensed premises
s241 Supplying Alcohol to Minors
s247 - Unauthorised sale and supply
s248 - Sells or supplies to intoxicated person
s249 - Allows person to become intoxicated.
s252 - Allows intoxicated person to remain on licensed premises - defence: If manager took reasonable steps when became aware
s253 - Allows disorderly/violent behaviour - defence: reasonable steps
s256 - Allows person to be on licensed premises outside licensed hours.

101
Q

SCUMBIE

A 
S - suicide
C - cause unknown or no death certificate
U - unnatural or violent
M - medical or surgery
B - birth or pregnancy
I - institutionalised
E - enactment
102
Q

When can you revoke a firearms licence?

A

If you suspect on reasonable grounds, that a firearms licence holder is not a fit and proper person to be in possession of a firearm, you should present the facts to your Arms Officer for submission to the appropriate commissioned officer.
Examples: PSO - protection order, domestic issues, assess state of mind.

103
Q

What is the purpose of a Coroners inquest?

A

1/ Fact a person has died, identify them, cause of death, where and when death occurred, circumstances of the death.
2/make reccomendations
3/determine if inquest would be better served by other investigating authorities.

104
Q

Power of arrest for Sale and Supply of Alcohol Act

A

s269 - GCS they are committing offence. Warn and then arrest.

105
Q

Conspiring to commit an offence - s310 Crimes Act.

A

Conspirs

With any person

To commit any offence

106
Q

Preparing to Commit an Offence

A

Found (peeping, peering, or unlawfully on property)

In Any Public Place

Behaving in a manner from which it can
be reasonably inferred that the
person is

Preparing to commit an imprisonable
offence

107
Q

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

A

Without claim of right

108
Q

Three requirements for an Attempt.

A

s72 Crimes Act for Attempt.
Mens Rea
Actus Reas
Proximity

109
Q

Case law for attempt.

A

Haughton v Smith for Mens Rea and Actus Reus
R v Burrett for Proximity.

Ultimate
Penultimate
Antepenultimate

110
Q

Impossible offences.

A

Factually impossible - Legally possible. R v Ring.

111
Q

Penalties for Attempts.

A

s311 Crimes Act - Half the penalty for full offence.

112
Q

Two relevant provisions for Parties to an offence.

A

s66(1) - Commits, aids, abets, incites, procures, counses

s66(2) - Common intention and probable consequence of that intention.

113
Q

Four Types of Licences.

A

On Licence - sell, supply, allow consumption of. For BYO an on licence extension required.

Off Licence - sell, deliver, arrange delivery of.

Club Licence - sell, supply / for member, accompanied guest, reciprocal visitor

Special - two type - on site/off site

114
Q

Definition of Intoxicated.

A 
SCAB
intoxicated means observably affected by alcohol, other drugs, or other substances (or a combination of 2 or all of those things) to such a degree that 2 or more of the following are evident:
(a) appearance is affected:
(b) behaviour is impaired:
(c) co-ordination is impaired:
(d) speech is impaired
115
Q

Definition of Supervised Area.

A

supervised area—

(a) means an area that is designated (under section 119 or a corresponding provision of a former licensing Act) as an area to which minors must not be admitted unless accompanied by a parent or guardian; and
(b) in relation to any licensed premises or the licensee or a manager of any licensed premises, means an area of those premises that is designated (under this Act or a former licensing Act) as an area to which minors must not be admitted unless accompanied by a parent or guardian

116
Q

What licence and signs must be displayed in a bar?

A

Duty Manager and;

Licence (will have hours and conditions listed)

117
Q

s267 Sale and Supply of Alcohol Act 2012

A

Power to enter premises at any reasonable time to ascertain if they are complying.

Can enter at ANY time, where grounds to believe they are offending against the Act.

118
Q

Power to demand details - Sale and Supply of Alcohol

A

s269 SSA Act
RGTS offence, can demand name/address/DOB

False details, require evidence, WARN, then arrest.
Charge for refusing to give details, even if it later turns out they were breaching (eg were over 18).

119
Q

Staff under SSA (minors) - What jobs can they do?

A

In supervised/restricted minors can do certain jobs
EG - clean, maintain, stock, cash, prepare meals.

In Supervised, NOT RESTRICTED, can sell alcohol.

120
Q

How long do Patrons have to leave the premises after licenced hours have ended?

A

30 minutes

121
Q

Defences for staff for letting minors enter restricted area.

A

18+ card, Driver ID, Passport.

122
Q

Defence for Licensee

A

Provided proper training to staff EG courses.

Reasonable steps to remove an intoxicated person when they found out.

123
Q

Temporary Closes of licenced premises.

A

Can close when Riots, disorder/fighting/serious offences.

Only a sergeant can do it. Can close for 24 hours after the end of day when it was first shut down.

124
Q

Public offences and Alcohol - having alcohol in public?

A

s38 SOA - U18 in public, only an offence if it is for consumption in a public place.

s38 - Public transport - offence to consume or possess to consume. Not an offence to just take it home after having gone shopping.

125
Q

Detox - Act and section?

When can you do it?

A

s36 Policing Act 2008

Can do it when
1/incapable of protecting self from physical harm
2/Likely to cause physical harm to another
3/ Likely to cause significant property Damage

126
Q

Where can you take someone for DETOX?

A

First option is to take them home, if there is a sober adult there to watch over them.

Second option is a temporary shelter - eg a hospital

Third option is to detox them in the cells.

127
Q

How long can you hold someone for detox?

A

Up to 12 hours, if they are still not right then they can see a doctor, and potentially be held for another 12 hours.

128
Q

Inconsiderate Driving?

A

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

129
Q

Careless Driving.

A

Falling below the driving standards of a reasonable prudent motorist.

130
Q

Dangerous Driving.

A

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

131
Q

Reckless Driving.

A

Knowingly disregarding one’s duty as a
driver.
Deliberately running an unjustifiable
risk of injury or collision.

Police College (1 decks)

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