General Flashcards
What does Section 39 of the Crimes Act 1961 refer to?
Use of reasonable force in executing process or in arrest
What does Section 40 of the Crimes Act 1961 refer to?
Use of reasonable force in preventing escape or rescue
What does Section 41 of the Crimes Act 1961 refer to?
Use of reasonable force to prevent suicide
What does Section 42 of the Crimes Act 1961 refer to?
Use of reasonable force to prevent breach of peace
How long can you detain someone to prevent them from disturbing the peace?
2 hours
What does Section 48 of the Crimes Act 1961 refer to?
Use of force for self-defence or the defence of another
What does Section 62 of the Crimes Act 1961 refer to?
Every constable is criminally responsible for excess use of force
What does Section 32 of the Policing Act 2008 refer to?
Obtain identifying particulars of person in custody
What is a TOR?
Tactical Options Report
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
What is the time from for a TOR to be submitted?
By end of shift or up to 72 hours with supervisors approval
What is the time from for a TOR to be submitted?
By end of shift or up to 72 hours with supervisors approval
Explain “Another person” in relation to Assaults
A person other than “offender” is “victim”
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
What are the 3 factors when deciding the type of assault charge?
Intent | Weapons or degree of force | Injury received
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
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
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
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
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.
What is the initial action when initially coming to a scene?
Freeze Control Preserve
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?
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
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?
- Establish details of death
- Recommendation to reduce future similar death
- Serve public interest by further investigation
What are the reason of deaths that inquest must be held?
- Self inflicted/suicide
- Institutional/official custody or care
- 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
