Formative Two

Question 1

74A(1) - Power to require statement of name or other person details

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

74A(1), 2 & 3- Power to require statement of name or other person details

Answer 2

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.

    (2)         Where a police officer has reasonable cause to suspect that a personal detail as stated in response to a requirement under subsection (1) is false, the officer may require the person making the statement to produce evidence of the correctness of the personal detail as stated.

    (3)         A person who—

        (a)         refuses or fails, without reasonable excuse, to comply with a requirement under subsection (1) or (2); or

        (b)         in response to a requirement under subsection (1) or (2)—

              (i)         states a personal detail that is false; or

              (ii)         produces false evidence of a personal detail,

is guilty of an offence.

Maximum penalty: $1 250 or imprisonment for 3 months.

Question 3

SOA S.74A (5) – which personal details

Answer 3

(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 4

SOA S.75 - power of arrest**

Answer 4

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 5

Arrest Criteria (Verbatim)

Answer 5

A member will use the power of arrest only when they have reasonable grounds to believe the arrest is necessary to:
- Ensure appearance before the court.
- Prevent the loss or destruction of evidence.
- Prevent the continuation or repetition of the offence.
- Prevent the commission of other offences.

Question 6

Other Arrest considerations

Answer 6

Considerations for considering an arrest are;
- The gravity of the offence.
- Any history of recidivism.
- Any history of committing offences whilst on bail.
- The likelihood that the suspect would, were they not apprehended: abscond, offend again, interfere with evidence, intimidate or suborn witnesses or hinder police enquiries.
- Any real or perceived need a victim may have for physical protection.
- Any other relevant matters.

Question 7

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

Arrest rights.

Answer 7

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 question. 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 8

SOA S.79 (1) & (2) arrest without warrant if warrant issued

Answer 8

(1) A police officer may, without a warrant, take into custody a person whom the officer has reasonable cause for believing or suspecting to be a person for whose apprehension or commitment a warrant has been issued by a justice.

    (2)         If a police officer, without a warrant, takes into custody a person whom the officer has reasonable cause for believing or suspecting to be a person for whose committal a warrant has been issued by a justice, the officer must, as soon as reasonably practicable, deliver that person into the custody of the police officer in charge of the nearest police station and must, as soon as conveniently may be, produce or cause to be produced to the person taken into custody the warrant of commitment (if any), and the person must then be dealt with as required by the warrant.

Question 9

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

Answer 9

(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 10

List the types of searches as per Custody Management GO

Answer 10

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

Question 11

Describe a Safety Search?

Answer 11

Before conducting a safety search under section 81 of the Summary Offences Act
1953, a police officer must ensure that the detainee:
 has been taken into lawful custody; and
 has been informed that a safety search will be conducted; and
 informed of the purpose of that safety search.

A safety search includes running hands over the clothing of the detainee to feel, locate
and remove objects that might:
 assist the detainee to escape
 be used to cause injury or harm to the detainee or any other person
 be used to damage property.
Whenever possible an ordinary search must take precedence over a safety search.

Question 12

Describe an Ordinary Search

Answer 12

An ordinary search includes emptying the detainee’s pockets, conducting a thorough search of the outer clothing, removal of belts, footwear, laces, cords, jewellery, cultural and/or religious garments (for example a burqa (full body covering including face and
head), niqab (full face veil), headwear or some other form of garment) and any other articles that might:
 assist the detainee to escape
 be used to cause injury or harm to the detainee or any other person
 be used to damage property.

An ordinary search must (when available) include the use of a hand-held metal detector/wand designed to find metal objects hidden within clothing and may be used only to scan the external surface of the body or clothing.

Question 13

Describe a Comprehensive search

Answer 13

A comprehensive search is conducted to satisfy the principles of sound detainee management and the provisions of regulation 82 of the Police Regulations 2014 (which apply immediately after a prisoner is accepted into custody at a police station on a charge of committing an offence)

This type of search includes visually searching the mouth, hair, ears, armpits and between the fingers and toes of the detainee. This type of search does not include the introduction of any object, including a finger, into any orifice.

A comprehensive search must (when available) include the use a hand-held metal detector/wand designed to find metal objects hidden within clothing.

Question 14

Describe an intrusive search?

Answer 14

intrusive search—an internal search involving the introduction of anything into a body orifice, for example insertion of a finger into the mouth or ear

Question 15

Describe an intimate intrusive search?

Answer 15

An intimate intrusive search—is an intrusive search of the rectum or vagina

Question 16

SOA S.78(1) - person apprehended without warrant

Answer 16

(1) Subject to this section, a person who is apprehended without warrant must, as soon as reasonably practicable, be delivered into the custody of—
(a) the police officer in charge of the nearest custodial police station; or
(b) a police officer at a designated police facility.

Question 17

Describe an intimate search?

Answer 17

intimate search—a search of the body that involves exposure of, or contact with the skin of, the genital or anal area, the buttocks and in the case of a female, the breasts, and includes an intimate intrusive search.

Question 18

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

Answer 18

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.

Before a member or protective security officer uses force to enter they must:
 knock on the door, use the doorbell or use other means to let the occupants know
they are there
 identify themselves as a police officer, community constable or protective security
officer
 give notice of their reason for wanting to enter.
In some cases it will not be practical or safe for them to give notice before entering. If so, they must identify themselves as soon as possible.

Where entry to premises is required:
 on the grounds that an occupant of the premises has died and their body is in the
premises
 that an occupant of the premises is in need of medical attention or other
assistance
 on the grounds that it is for the purpose of searching the premises in which a
person last resided before their death for material that might assist in identifying
the deceased or relatives of the deceased
 to take property of the deceased into safe custody,
pursuant to sections 83c(1) and (3) of the Summary Offences Act 1953—Special
powers of entry, the statutory authority to enter must be obtained by the investigating
member from an officer of police prior to the entry.

Question 19

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

Answer 19

57—Powers of police officers relating to persons who have or appear to have
mental illness
(1) This section applies to a person if—
(a) a police officer believes on reasonable grounds that the person is a patient in
respect of whom—
(i) a patient assistance request has been issued under section 54A(1); or
(ii) a patient transport request has been issued under section 55(1); or
(b) a police officer believes on reasonable grounds that the person is a patient
who is absent without leave; or
(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 20

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

Answer 20

(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.