Final Exam Revision Flashcards
Question 1: You are called to a street in Liverpool following reports of shots being fired into a house. A male approaches you and tells you he saw the get away car being driven away.
When you ask him for his name and address he refuses to give you his particulars. Under these circumstances, what is the most appropriate course of action?
Require his identity using Section 11(1) of the Law Enforcement (Powers and
Responsibilities) Act 2002 (NSW)
A Police Officer may carry out a strip search of a person in any place other than a police station if the police officer suspects on reasonable grounds that:
The strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary
Where do Police get the power to detain a person for the purpose of applying for and serving an Interim Apprehended Personal Violence Order (APVO)?
Section 89, Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Police attend a residential address in relation to domestic violence. Whilst in the premises, the police are informed there is a firearm in the house but it was not used as part of the alleged offence. In this situation, the police should:
As soon as reasonably practicable take action to search for and seize the firearm.
Police attend a domestic situation where a male offender is threatening violence against the victim. The officers apply for a Provisional Apprehended Violence Order to protect the
victim.
The offender attempts to leave the location and also refuses to comply with a reasonable direction to go to another nominated location until the order is served. What should the officers do
in the circumstances?
Detain the male until such time as the order is issued and served.
A driver must provide an explanation of the circumstances of a motor vehicle crash under Road Rule 287 Australian Road Rules 2008 (NSW). What are the requirements in relation to police cautioning the driver of vehicle 1 (offending drive)?
Police are required to caution after obtaining an explanation if they have further questions regarding the crash.
What is the meaning of a personal Personal Violence Offence [IBADGASO]
Include section and Act:
I – Intimate images
B – Breach of Apprehended Violence Order
A – All manner of assaults
D – Damage to property
G – Guns
A – Attempts at these things
S – Stalking and Intimidation
O – Other Offence
An intoxicated male is behaving in a disorderly manner in Prince Street, Rossiville on Friday Night. Police issue the man with a move-on direction on at 11pm.
Which one of the statements most accurately reflects the requirements of Section 198 (6) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)?
A Police Officer must give a warning to the person who is intoxicated and disorderly in a public place that it is an offence to be intoxicated and disorderly in Prince Street or another public place for a period of 6 hours.
What is the Meaning of “Domestic Relationship” [MISSDORA]
Include section and act
Crimes (Domestic and Personal Violence) Act Section 5 Meaning of “domestic relationship”
MISSDORA
- Married
- Intimate
- Same household
- Same care facility
- Defacto
- Ongoing care / unpaid care
- Relative
ATSI
In accordance with Section 32 (7) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), when conducting a search on a person, the search must be conducted by?
A Police Officer of the same sex.
Section 206 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) LEPRA provides the power to detain intoxicated persons. What is the definition of an intoxicated person that is relevant to this section?
Means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.
You are called to a local take-away shop where a male has robbed the employee of money using a knife. The suspect was seen to get into a white Commodore Sedan which is registered to a local woman.
You attend the address a short time later. The car is not there, however, the owner of the car is home. What can you demand from the woman?
The identity of the driver under Section 14 (1) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
You attend Rossiville High School regarding a male allegedly supplying cannabis leaf to school students after they have left the school grounds.
You have the suspect identified by one of
the students that he approached. Based on that information, you decide to lawfully search him
under?
Section 21(1)(d) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
In accordance with Part 7, Section 88 Law Enforcement (Powers and Responsibilities) Act (NSW) 2002 a police officer who is lawfully on premises (whether by authority of a crime scene
warrant or for any other lawful reason) may?
Establish a crime scene, and exercise crime scene powers in accordance with this Part, and stay on the premises for those purposes.
What is the meaning of stalking include ACT and section
S 8 Crimes (Domestic and Personal Violence) Act
(a) the following of a person about, or
(b) the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity or
(c) contacting or otherwise approaching a person using the internet or any other technologically assisted means.
What is the meaning of intimidation? Include section and ACT
S 7 Crimes (Domestic and Personal Violence) Act Meaning of “intimidation”
a) conduct (including cyberbullying) amounting to harassment or molestation of the person, or
(b) an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or
(c) any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.
(2) For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic offence) in the person’s behaviour (i.e., history of any violence).