General Flashcards by Captain Matubol

What does Section 39 of the Crimes Act 1961 refer to?

Use of reasonable force in executing process or in arrest

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What does Section 40 of the Crimes Act 1961 refer to?

Use of reasonable force in preventing escape or rescue

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What does Section 41 of the Crimes Act 1961 refer to?

Use of reasonable force to prevent suicide

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What does Section 42 of the Crimes Act 1961 refer to?

Use of reasonable force to prevent breach of peace

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How long can you detain someone to prevent them from disturbing the peace?

2 hours

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What does Section 48 of the Crimes Act 1961 refer to?

Use of force for self-defence or the defence of another

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What does Section 62 of the Crimes Act 1961 refer to?

Every constable is criminally responsible for excess use of force

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What does Section 32 of the Policing Act 2008 refer to?

Obtain identifying particulars of person in custody

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What is a TOR?

Tactical Options Report

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Why does a TOR have to be submitted?

It has to be submitted to justify when an officer or AO uses/shows reportable force on a person

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What is the time from for a TOR to be submitted?

By end of shift or up to 72 hours with supervisors approval

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What is the time from for a TOR to be submitted?

By end of shift or up to 72 hours with supervisors approval

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Explain “Another person” in relation to Assaults

A person other than “offender” is “victim”

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Explain “Assaults”

Intentionally applying direct force to another person/indirect force.

Threatens to apply force by an act/gesture, causing another person to believe they have the present ability

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What are the 3 factors when deciding the type of assault charge?

Intent | Weapons or degree of force | Injury received

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Explain transferred malice, indirect assault, conditional assault and implied consent?

TM - 3rd party struck. I swing, you duck, I hit other person. 2 x Assault charge. IA - I pull a chair you are about to sit on or kick a horse/ladder you are one. CA - I will not kick your teeth in if you open the door. IC - kiss, hug, handshake

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What does Section 59 of the Crimes Act 1961 refer to?

Anti-smacking bill.
Parents may use force to prevent harmful/criminal/offensive behaviour.
NOT for punishment/correction, otherwise = Assault

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4 Legal Defences to a Charge of Trespass?

For their own protection
For the protection of someone else
Emergency involving their property/someone else’s
The occupier who gave the warning, no longer occupies the place concerned

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What information can be demanded by a lawful occupier from someone who is trespassing a place?

Name and address
Firearms license number *if in possession

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What does the acronym VAWSEEPO mean and the relevance?

Victim - Details need to be noted are name, address, d.o.b, occupation, email, number, employer details
Appreciation - Plan/strategy considering all risks. Best course of action
Witness - Take statement.
Scene - Freeze, control, preserve. Think BIG. Ensure you know exact location and CAP
Exhibits - Preserve all exhibits
Elements - Identify and prove all elements
Powers - Arrest/detains/search and seize to legislation
Offender - Warn, report or arrest. Read BOR. Search.

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What is the initial action when initially coming to a scene?

Freeze Control Preserve

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What are the responsibilities of a scene guard?

U - Unauthorised people kept out
N - Notebook entry of anyone entering/leaving
B - Brief all authorised personnel
E - Eyes out for suspicious activity, record and report
N - No contaminating/interfering with scene
T - Take all animals out of scene

What are the responsibilities of a scene guard?

A constables powers of arrest without warrant are found in what acts?

Section 315 of the Crimes Act 1961 and Section 39 of the Summary Offence Act 1981

Under Section 315 (2) (a) of the Crimes Act 1961, any constable may arrest and take into custody, without a warrant any person who ….

HE FINDS Disturbing the peace or committing any offence

Under Section 315 (2) (b) of the Crimes Act 1961, any constable may arrest and take into custody, without a warrant any person who ….

HE HAS GOOD CAUSE TO SUSPECT Of having committed a breach of peace or any offence

Under Section 39 (1) of the Summary Offences 1981, any constable may arrest and take into custody, without a warrant any person who ….

HE HAS GOOD CAUSE TO SUSPECT Of having committed an offence against this act except for S17-20,25,32-38

Under Section 39 (2) of the Summary Offences 1981, any constable may arrest and take into custody, without a warrant any person who ….

WITHIN HIS VIEW Does an act the constable believes is an offence against sections 17-20,25,32-38 AND Fails to give name and address or gives false details

What is the time frame held for breach of peace?

2 hours

What does Section 21 of the Bill of Rights Act 1990 refer to?

That every person should be secure against unreasonable search and seizure

What does Section 22 of the Bill of Rights Act 1990 refer to?

That everyone is protected from arbitrary or random arrest or detention

What does Section 23 of the Bill of Rights Act 1990 refer to?

People arrested or detained must be informed of their rights

What does Section 24 of the Bill of Rights Act 1990 refer to?

People charged with an offence must be informed of them

What is a "Public Place"

A place, that at any material time - open to or being used by the public - free or by payment of charge - any owner/occupier of the place is lawfully entitled to exclude/eject any person - carrying/available to carry passenger for reward - interior of vehicle in a PP = PP

A missing person is?

Reported missing to the police Unknown whereabouts Fear of their safety/welfare

Three points to consider before deciding on a course of action for a missing person?

Age - Vulnerability Zone of Safety - Environment Circumstance - Unusual? Dangerous? Suspicious?

What does Section 7 of the Victims Right Act 2002 refer to?

Courtesy, compassion and respect for the victims dignity and privacy

What does Section 8 of the Victims Right Act 2002 refer to?

Victims access to all services

What does Section 11 of the Victims Right Act 2002 refer to?

Info about all programmes and remedies for recovery

What does Section 12 of the Victims Right Act 2002 refer to?

Info about all proceedings of investigation

What does Section 51 of the Victims Right Act 2002 refer to?

Return all property back to victims

What are the three requirements that must apply to gain conviction for an "Attempt" to commit an offence?

Mens Rea Actus Reus Proximate

When is an attempt to commit an offence physically or factually impossible?

Attempted theft - when the intention was to steal purse out of a bag but there was physically no purse in the bag

What are attempts in committing an offence are classified as substantive offence? (Attempting them is an offence in itself)

Attempted sexual violations Attempting to pervert the course of justic Attempted murder Attempted arson Attempted dishonest using/taking of documents

What is the role of a Coroner?

To determine: 1. The fact a person has died 2. Identity of the deceased person 3. When and where the person died 4. Cause of death 5. Circumstances of death

What are the duties to report death under the Coroners Act 2006?

Must report if 1. Found body 2. Learn of a death

What are the types of deaths under the coroners act?

Suicide Cause unknown Unnatural/violent Medical/surgical/dental Birth/pregnancy Institutional Enactment

When does police have to report deaths and how?

Immediately by phoning the NIIO

What is a post mortem?

Examination of a body to determine the cause of death

Who performs a post mortem?

Pathologist, directed by Coroner

What are the purposes of a coronial inquiry?

1. Establish details of death 2. Recommendation to reduce future similar death 3. Serve public interest by further investigation

What are the reason of deaths that inquest must be held?

1. Self inflicted/suicide 2. Institutional/official custody or care 3. Any death which the coroner is not satisfied that the cause of death is not establish

What are the three requirements that must apply to gain conviction for an attempt to commit an offence?

Mens Rea (Intent) Actus Reus (Act) Proximate

When is an attempt to commit an offence physically or factually impossible?

When it is physically impossible to commit. E.g. attempted theft, intention to steal a purse out of a bag but there was physically no purse in the bag