Extra mock questions Flashcards
YJ - S.208, Principles.
What is the mitigating factor with a child in determining whether or not to impose sanctions in respect of offending by a C or YP and the nature of any such sanctions?
AGE
A constable arresting under s.214(a) must ensure that it is necessary to arrest that child or YP without warrant for the purpose of: ensuring appearance in court, preventing from committing further offences and what others?
- preventing CADD of evidence
- preventing interference with the witness/victim
If you have satisfied one of the parts of s.214(a). What must you also satisfy for s.214(b)?
Where the C and YP maybe proceeded against by way of summons that proceeding by way of summons would not achieve that purpose
Every enforcement officer who arrests a C and YP without warrant shall within 3days of making arrest, furnish a written report to the Commissioner of Police and state?
The REASON why the C or YP was arrested without warrant
S.222 - Person who maybe nominated for the purpose 0f s.221 (2)(b) or (c)-if permitted to consult with the C or YP would attempt to pervert the course of justice or?
Cannot with REASONABLE DILIGENCE BE LOCATED or wont be available within a period of time that is reasonable in the circumstances
Early intervention, safety, collecting risk information, working collaboratively are 4 of 6 principles that guide Police practise for family harm, what are the other 2?
CULTURALLY appropriate and ACCOUNTABILITY
What must you do when contemplating actions other than arrest when offender has disclosed offending for a FH incident?
Consult your supervisor and FH co-ordinator/specialist
When a protection or property order has been breached and there is evidential sufficiency to prove a charge, you must?
- charge the offender with a breach
- not release the offender on police bail for 24hrs unless there is a court hearing earlier than this where court bail can be determined
- The offender is not bailable as of right pursuant to s.7(2), Bail Act 2000
What is the presumption of bail?
That a defendant is to be bailed
The PURPOSE of a CORONERS inquiry is to establish?
-when and where the person died, cause of death, circumstances and what other 2?The persons IDENTITY and FACT the person has died
S.32, IDENTIFYING particulars of a person in CUSTODY.
A person who after being cautioned fails to comply with the direction of a constable exercising his or her powers is liable?
On conviction is liable to imprisonment not exceeding 6months and fine not exceeding $5000 or both
S.32, IDENTIFYING particulars of a person in CUSTODY.
A Constable may take the identifying particulars of a person who is in the lawful custody of the Police if that person is detained for committing an offence and is where?
At a Police station or any other place being used for Police purposes
S.33, IDENTIFYING particulars for SUMMONS.
The purpose of this is to enable Police to do what?
To obtain information that may be USED NOW or in the FUTURE by the Police for any lawful purpose
S.7, TREATMENT of victim. Any person who deals with a victim should treat the victim with? compassion and…
COMPASSION and COURTESY. Respect the victims DIGNITY and PRIVACY.
What is the PURPOSE of a VIS?
- to assist the court in understanding the victims VIEWS about the offending
- inform the offender about the IMPACT of the offending from the victims PERSPECTIVE
- enable the victim to provide information to the court about the EFFECTS of the offending
When obtaining a VIS, how should it be written?
In ‘Victim Speak’
It is mandatory for the O/C file to ensure a VIS is available for which court appearance?
2nd appearance.
A victim of a domestic assault has on-going fears for her safety. Can she go to the victim notification register (VNR)?
Yes, as she has on-going fears for her safety
What is the aim of an unplanned entry into a Clandestine laboratory?
To rapidly convert an unplanned entry into a planned response and investigation with appropriate structure and procedures
S.124, S&S 2012, Internal searches generally prohibited except for?
With the persons consent, searching the persons mouth
S.109, Mental Health Act (CAT) 1992, Police may apprehend a person appearing to be mentally disordered in a public place under s.5 for no longer than?
For the purposes of (1) to (3A), 6hrs or the time it takes to carry out the actions described in those subsections, whichever is shorter
Under the Mental Health Act (CAT) 1992, the responsibility for providing services under the M.H.Act rests with who?
Primarily with the M.H services but Police provide assistance where legislation provides for Police intervention
Warrantless searches for evidential material;
if you arrested or detained a person under a statutory power of detention you may search the person if you have RGTB that there is anything on or carried by the person that is?
- evidential material relating to the offence
- anything that may harm or facilitate escape
S.41, Prevention of suicide or certain offences;
Can a member of public stop a person from committing suicide?
Yes, and are justified to use force in the circumstances
