Formative 2 Verbatims

Question 1

SOA S.74A(1)**

Answer 1

74A—Power to require statement of name and other personal details

    (1)         Where a police officer has reasonable cause to suspect—

        (a)         that a person has committed, is committing, or is about to commit, an offence; or

        (b)         that a person may be able to assist in the investigation of an offence or a suspected offence,

the officer may require that person to state all or any of the person’s personal details.

Question 2

SOA S.75A (5)

Answer 2

A
(5) In this section—

“personal details”, in relation to a person, means—

    (a)         the person's full name; and

    (b)         the person's date of birth; and

    (c)         the address of where the person is living; and

    (d)         the address of where the person usually lives; and

    (e)         the person's business address; and

    (f)         if the police officer has reasonable cause to suspect that a person has committed, is committing, or is about to commit a sexual offence involving a child or children—the name and address of any place where that person works (whether as an employee, an independent contractor, a volunteer or in any other capacity).

Question 3

SOA S.75 - Power of Arrest **

Answer 3

75—Power of arrest
A police officer, without any warrant other than this Act, at any hour of the day or night, may apprehend any person whom the officer finds committing, or has reasonable cause to suspect of having committed, or being about to commit, an offence.

Question 4

Arrest Criteria (Verbatim)

Answer 4

A member will use the power of arrest only when they have reasonable grounds to believe the arrest is necessary to:

• Ensure appearance before a court.
• Prevent the loss or destruction of evidence.
• Prevent the continuation or repetition of the offence.
• Prevent the commission of other offences.

Question 5

SOA S. 79A(1)(a)(b)(i-iii) Arrest rights (including bail right S.13 Bail
Act)

Arrest rights.

Answer 5

As an arrested person you are entitled to certain rights.

You are entitled to make in the presence of a police officer, one telephone call to a nominated relative or friend to inform them of your whereabouts. Do you understand this right?
Do you have any request in relation to this right?

You are entitled to have a solicitor, relative or friend present during any interrogation or investigation to which you may be subjected to whilst in custody. Do you understand this right?
Do you have any request in relation to this right.

If English is not your native language you are entitled, if you so require, to be assisted at an interrogation by an interpreter.
Do you understand this right?
Do you have any request in relation to this right?

You shall, while you remain in custody, be entitled to refrain from answering any questions. Do you understand this right?
I warn you that anything you say may be taken down and given in evidence.
Do you understand?

After you have been taken to (nominated PS or designated police facility) you are entitled to apply to the Officer in Charge for release on bail.
Do you understand?

Question 6

SOA S.81 (1) – search person in lawful custody**

Answer 6

(1) A person who is taken into lawful custody may be searched in accordance with this section and anything found as a result of the search may be removed

Question 7

List the types of searches as per Custody Management GO

Answer 7

TYPES OF SEARCHES
The following types of searches may be conducted:
 safety
 ordinary
 comprehensive
 intimate intrusive
 intrusive
 intimate

Question 8

Arrest - Forced entry & Escape lawful custody
 GO - Operational Safety
8. Forced entry – Justification

Answer 8

Justification
To lawfully use force to enter premises a member or protective security officer must
either:

 have a specific authority, such as a warrant

 have a legislative right to enter forcibly

 intend to arrest a person reasonably believed to be on the premises

 reasonably believe a breach of the peace is imminent or occurring on the premises

Question 9

MHA S. 57 (1c) Powers relating to persons with mental illness

Answer 9

(1) This section applies to a person if —
(c) it appears to a police officer that—
(i) the person has a mental illness; and
(ii) the person has caused, or there is a significant risk of the person
causing, harm to himself or herself or others or property; and
(iii) the person requires medical examination

Question 10

MHA S. 57 4 Powers relating to persons with mental illness

Answer 10

(4) A police officer may, subject to this section, exercise the following powers in relation to a person to whom this section applies:

(a) the police officer may take the person into his or her care and control;

(b) the police officer may transport the person from place to place;

(c) the police officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances;

(d) the police officer may enter and remain in a place where the officer reasonably suspects the person may be found;

(e) the police officer may use reasonable force to break into a place when that is reasonably required in order to take the person into his or her care and control;

(f) the police officer may search the person’s clothing or possessions and take possession of anything in the person’s possession that the person may use to cause harm to himself or herself or others or property.