Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

E2MK > General > Flashcards

General Flashcards

1
Q

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

A

Use of reasonable force in executing process or in arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

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

A

Use of reasonable force in preventing escape or rescue

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

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

A

Use of reasonable force to prevent suicide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

Use of reasonable force to prevent breach of peace

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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

A

2 hours

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

Every constable is criminally responsible for excess use of force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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

A

Obtain identifying particulars of person in custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is a TOR?

A

Tactical Options Report

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Why does a TOR have to be submitted?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Explain “Another person” in relation to Assaults

A

A person other than “offender” is “victim”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Explain “Assaults”

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

Intent | Weapons or degree of force | Injury received

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

4 Legal Defences to a Charge of Trespass?

A
  1. For their own protection
  2. For the protection of someone else
  3. Emergency involving their property/someone else’s
  4. The occupier who gave the warning, no longer occupies the place concerned
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

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

A
  1. Name and address
  2. Firearms license number *if in possession
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does the acronym VAWSEEPO mean and the relevance?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A

Freeze Control Preserve

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are the responsibilities of a scene guard?

A

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

22
Q

What are the responsibilities of a scene guard?

A

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

23
Q

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

A

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

24
Q

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

A

HE FINDS
Disturbing the peace or committing any offence

25
Q

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

A

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

26
Q

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

A

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

27
Q

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

A

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

28
Q

What is the time frame held for breach of peace?

A

2 hours

29
Q

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

A

That every person should be secure against unreasonable search and seizure

30
Q

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

A

That everyone is protected from arbitrary or random arrest or detention

31
Q

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

A

People arrested or detained must be informed of their rights

32
Q

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

A

People charged with an offence must be informed of them

33
Q

What is a “Public Place”

A

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

34
Q

A missing person is?

A

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

35
Q

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

A

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

36
Q

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

A

Courtesy, compassion and respect for the victims dignity and privacy

37
Q

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

A

Victims access to all services

38
Q

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

A

Info about all programmes and remedies for recovery

39
Q

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

A

Info about all proceedings of investigation

40
Q

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

A

Return all property back to victims

41
Q

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

A

Mens Rea
Actus Reus
Proximate

42
Q

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

A

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

43
Q

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

A

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

44
Q

What is the role of a Coroner?

A

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

45
Q

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

A

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

46
Q

What are the types of deaths under the coroners act?

A

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

47
Q

When does police have to report deaths and how?

A

Immediately by phoning the NIIO

48
Q

What is a post mortem?

A

Examination of a body to determine the cause of death

49
Q

Who performs a post mortem?

A

Pathologist, directed by Coroner

50
Q

What are the purposes of a coronial inquiry?

A
  1. Establish details of death
  2. Recommendation to reduce future similar death
  3. Serve public interest by further investigation
51
Q

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

A
  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
52
Q

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

A

Mens Rea (Intent)
Actus Reus (Act)
Proximate

53
Q

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

A

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

E2MK (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions