Final Exam - (1) 464

Question 1

Outline the definitions of

s464 Custody

(why person in custody)

Answer 1

• Person in custody if arrestred under warrant
• arrested under 458/9 or any other act OR
• in company of investigating official and is
  
  • being Q’d
  • to be Q’d
  • Otherwise being investigated

Question 2

Outline

464A

when person brought into custody what must happen

Answer 2

Person brought into custody must be

• Released unconditionally
• Released on Bail
• Brought before BDM, BJ or Mags

* Reasonable time - includes arrest, taking back to station, processing the scene

Question 3

464E Questioning children without parents or ITP, what are the reasons why

WOULD we Question

Answer 3

• Destruction of evidence/escape of co-offender/s
• Urgent- safety of other people

Otherwise can not Q a child w/o presence of P/G/ITP

Question 4

Outline

s323 CA

Statutory Complicity

Answer 4

A person is involved in the commission of the offence if he

intentionally assist, encourages or directs in the commission of offences.

OR

Enters into an a_greement, arrangement or understanding_ with another person to commit the offence

If you are involved in the commission of the offence you are taken to have committed the offence and you are liable to the maximum penalty for that offence