General Flashcards
S208 OT ACT - Factors that determine sentence
Age
S214A OT Act - Bail Breach - when can you arrest?
When breaching that bail and has been warned twice previously for breaching that bail
S236 - how long to notify the Commissioner
Five days
S23 Bail Act - when can you bail?
Not before 24 hrs or Court Appearance
Police officer identified as person ‘posing risk’ at FV occurrence. What do you need to consider in terms of their on-going employment?
The employee practice manager in consultation with the National PPC manager must consider the employees suitability to continue working in their current role and if any variation in duties is appropriate.
Police officer served with a protection order - who must you advise?
The serving officer must send a copy to the employee’s District commander or National Manager for appropriate action to be taken
You detain a person to serve a PSO. Tries to leave after an hour, before PSO is served. What are you powers?
Arrest without warrant
S12 Bail Act - person charged with Accessing Computer System (2yr penalty), is on actives for using a doc, has one sentence of imprisonment. Do restrictions apply?
No.
S21 Bail Act - considerations in giving bail?
The need to protect :
- the victim of the alleged offence and
- any particular person or people in a family relationship with the victim
When eligible for trial by jury?
2yr or more offence
S36 - person at home, drunk and incapable, what powers do you have to detain?
None
S265 Liquor Act - have information that Gang members are going to cause a riot later that evening in public car park opposite pub. Under this section what powers to close premise do you have?
A district court judge or any 2 or more Justices or any 1 or more community magistrates may, at the request of a Constable for the time being in that place, order every licensee in or within a specified distance of that place to close his or her licensed premises for the sale of alcohol during the time specified in the order, which time must not be later than 24hrs from the end of the day on which the order was made.
S39 Mental Health Act - what powers to assist a Medical practitioner do you have?
None under S39. Powers only order under S38 pursuant to S41
Female in house ranting, clearly mentally disordered, what powers do you have?
None. Seek help from DAO, persons Dr, family, friends or associates.
S110c Mental Health Act - Can you restrain?
No, only use force under 122B - use such force as is reasonably necessary in the circumstances.
S109 Mental Health Act - what powers do you have?
Reasonable belief that they may be mentally disordered, you can:
- take the person to a Police Station, hospital, surgery or other appropriate place and that you must
- arrange for a doctors exam as soon as practicable
HSNO Act - identify definition of Emergency
- actual or imminent danger to human health or safety; or
- a danger to the environment or chattels so significant that immediate action is required to remove the danger-
arising from a hazardous substance or new organism
HSNO Act - Police declare an emergency, Fire service arrive and take over scene. Who do you have to advise?
Environmental Protection Agency
Victims Rights Act - Victims Family only classed as a victim under the act when a person dies? True or False?
False. When someone dies or is incapable.