Formative 4 Flashcards
Arrest Rights**
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?
Do you have any request in relation to 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 a nominated police station or police facility you are entitled to apply to the
Officer in Charge for release on bail. Do you understand?
Caution**
I am now going to ask you some further questions, you are not obliged to answer them but anything you do say may given in evidence. Do you understand?
NAME OF ADDRESS - POWER TO REQUEST DETAILS - s74A SOA**
(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.
POWER OF ARREST - s75 SOA**
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.
CLCA S. 85(2) – property damage, not by fire to building/motor
vehicle*
(2) A person who, without lawful excuse, damages (other than by fire or explosives)
another’s property that is a building or motor vehicle—
(a) intending to damage property; or
(b) being recklessly indifferent as to whether his or her conduct damages property,
is guilty of an offence.
CLCA S. 85(4) – threats to damage property*
(4) A person who, without lawful excuse, threatens to damage another’s property—
(a) intending to arouse a fear that the threat will be, or is likely to be, carried out; or
(b) being recklessly indifferent as to whether such a fear is aroused,
is guilty of an offence
ARREST CRITERIA - GENERAL ORDER**
Criteria for arrest
● 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
GCA S.10 (1) – carry graffiti implement*
(1) A person who—
(a) carries an implement with the intention of using it to mark graffiti; or
(b) carries a graffiti implement of a class prescribed for the purposes of this paragraph
without lawful excuse in a public place or a place on which the person is trespassing
or has entered without invitation,
is guilty of an offence.
SOA S.17A (1) – trespassers on premises*
(1) Where—
(a) a person trespasses on premises; and
(b) the nature of the trespass is such as to interfere with the enjoyment of the
premises by the occupier; and
(c) the trespasser is asked by an authorised person to leave the premises, the
trespasser is, if he or she fails to leave the premises forthwith or again trespasses on
the premises within 24 hours of being asked to leave, guilty of an offence.
SOA S.17 (1) – unlawfully on premises*
(1) A person who has entered, or is present on, other premises for an unlawful
purpose or without lawful excuse is guilty of an offence.
Note: This section have two distinct offences so you should elect to either charge
unlawfully on premises for an unlawful purpose or unlawfully on premises without
lawful excuse
STATEMENTS
SPADE ADVOKATE
Set the scene
Place the players
Action
Description
Elements of the offence
Amount of time under observation
Distance between witness and subject
Visibility (lighting/time of day
Obstruction
Known or seen before
Any reason to remember (distinct features)
Time lapse (how long ago did W see person)
Errors or material discrepancies
Graffiti Implement
a) a can of spray paint, other than a can containing paint that -
i) does not contain a pigment; and
ii) is transparent when sprayed onto a surface; or
b) an implement of a kind prescribed by the regulations
Mark Graffiti - s9(1) & (1a) GCA
(1) A person who marks graffiti is guilty of an offence.
(1a) A person who marks graffiti -
(a) within a cemetery; or
(b) on or within a public memorial; or
(c) on or within a place of public worship or religious practice,
is guilty of an offence.
Definition - Damage - s84 CLCA
to damage in relation to property includes -
(a) to destroy the property;
(b) to make an alteration to the property that depreciates its value;
(c) to render the property useless or inoperative;
(d) in relation to an animal - to injure, wound or kill the animal,
and damage has a corresponding meaning;
Prescribed Graffiti Implements - s7 GC Regs
For the purposes of section 10(1)(b) of the Act, the following classes of graffiti implement are prescribed:
(a) graffiti implements capable of spraying paint or a similar substance;
(b) graffiti implements designed or modified to produce a mark that -
(i) is not readily removable by wiping or by use of water or detergent; and
(ii) is more than 15 millimetres wide.
Methods of Dealing With Young Offenders
Informal Caution
Formal Caution
Family Conference
Youth Court
OPERATIONAL SAFETY PHILOSOPHY
South Australia Police aim to safely manage all police operations
OPERATIONAL SAFETY PRINCIPLES
PSTAR BCRAR
Plan
Safety
Take Charge
Appreciations
Risk Assessment
Briefings
Cordon & Containment
Reduce Confrontation
Avoid Force
Resources
RESTRAINT CONTROL TECHNIQUES
Straight Arm Lock
Wrist Lock
Shoulder Lock
Figure 4 Leg Lock
OC DEFENSIVE SPRAY (PD 355)
Only use:
Protection in self-defence
Protection of other members of SAPOL
Protection of members of the public
Protection from attacking or threatening dogs or other animals
Containing or preventing serious breaches of the peace.
CONSIDERATIONS OF HANDCUFFING
S - The SAFETY of the member, PSO or CC or other persons.
N - NATURE of the charge.
O - OTHER accompanying circumstances (ie. evidence)
T - The TEMPER AND CONDUCT of the person in custody
