General Revision Flashcards
3 forms of arrest
- Seizure/Touching
- Words or conduct
- Submission
What are the 2 forms of crime prevention?
- Situational
2. Social
Main forms of situational crime prevention?
- Education and awareness initiatives
- CCTV
- Target hardening devices (lights, locks ETC)
Main forms of social crime prevention?
- Youth diversion programs
- Supporting at risk communities
- Family intervention programs
What are the 4 key crime prevention approaches?
- Addressing environmental conditions that promote and sustain crime.
- Eliminating risk factors and enhancing protective factors.
- Addressing social exclusion and promote community cohesiveness.
- Enhancing the capacity of criminal justice agencies.
What are examples of crime prevention strategies?
- Coffee with a cop
- Neighbourhood watch
- Community Safety Precinct Committee (CSPC)
- Safer by design
- Think before you trek
- Community Engagement days
- Information sessions/posters/initiatives
- Community awareness policing programs
External partners of the NSW Police Force?
- NSW Health
- FACS
- SES
- Fire and Rescue
- Department of housing
- Corrective services
- Local council
List of Internal partners?
- DVLO
- Detectives
- POLAIR
- Forensic Services Group
- Highway patrol
- TOU
- Child abuse squad
- Dog squad
- Rescue and bomb squad
- Negotiation unit.
What 2 tests are used to determine if something is ‘Reasonable?
What does each test mean?
- Subjective test - relates to the view of the individual. The suspicion or belief in the police officers mine at the time.
- Objective test - would a person armed with the same information the officer had at time have held the same belief or suspicion?
Four general reasons to arrest?
- Arrest for an offence (S.99)
- Warrant (S.101)
- Breach of the peace
- Specific power (e.g. Bail Act S.77)
What are the safeguards set out in LEPRA 202?
I - INFORM - Reason for exercise of power
P - PROVIDE - Name and place of Duty
E - EVIDENCE - That you’re a police officer (unless in uniform)
What section allows police to search on arrest?
LEPRA S.27
What 2 things does LEPRA S.28 allow police to do?
To have a person being searched to:
- open his or her mouth to enable it to be searched
- To shake or otherwise move his or her hair.
(Both require reasonable suspicion)
What section allows police to search a person in lawful custody after arrest?
LEPRA (S. 28A)
What does S.230 and S.231 relate to?
- S.230 - use of force generally by police.
- It is lawful for police exercising a function and online helping the police officer to use such force is reasonably necessary. - S231 - Use of force in making an arrest.
- A police officer or other person who exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest.
What are the 6 roles of a coroner?
- Administrative
- Educational
- Judicial
- Investigatory
- Preventative
- Disaster management
Define an admission.
A previous representation that is:
- Made by a person who is or becomes a party to a proceeding, and
- Adverse to the person’s interest in the outcome on the proceeding.
What are the 2 main forms of representation?
- Oral - anything that is said
- Written - can include graffiti, a text message or a letter. Does not to be intentionally shared (e.g. Diary entry, unsent email).
Where does the caution come from?
Section 139 Evidence Act 1995
What is section 84 of the evidence act?
Exclusion of admissions influenced by violence or certain other conduct.
When/What can BWV be used for?
- To investigate an offence
- To decide whether or not to prosecute a person
- In criminal proceedings
- In coronial inquests
- In care proceedings for the protection of children or intellectually impaired persons.
- In disciplinary proceedings
- For training nsw police
- At crime commission hearings
- In connection with a law enforcement function.
What section allows police to use BWV?
Section 40 The surveillance Devices Act 2007
3 step process of a CAN?
- Commencement
- Filing
- Service
What information but be contained in a CAN?
- Describe the offence
- Briefly state the particulars of the alleged offence
- Contain the name of the prosecutor
- Specific time date and place the accused is to attend court.
- State that failure to appear may result in a warrant for their arrest or the matter may be heard in their absence.