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LAW Flashcards

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1
Q

NOVICE Range

A

0.001-0.019
- L,P1 or P2
- Unlicensed

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2
Q

Passive testing

A

Tube is NOT attached. Counting
- Initial test
- Indication of presence of alcohol
- Allowed for rapid processing

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3
Q

SPECIAL Range

A

0.020 – 0.049
- Licence cancelled, suspended, disqualified, expired (more than 6 months)
- Taxi, bus and uber
- Heavy vehicles

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4
Q

LOW Range

A

0.050 – 0.079

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5
Q

MIDDLE Range

A

0.080 – 0.149

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6
Q

HIGH Range

A

0.150 or higher

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7
Q

Standard testing

A

Tube attached
- After a positive passive test
- When police suspect that the driver has been consuming alcohol
- Admits to consuming alcohol
- Windy conditions
- Other people in the car
- Following a collision

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8
Q

What is S.108 of the Road Transport Act 2013?

A

Prescribed concentrations of alcohol

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9
Q

What is S.110 of the Road Transport Act 2013?

A

Presence of prescribed concentration of alcohol in person’s breath or blood

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10
Q

Criteria for a Major Crash vs Minor Crash

A

MAJOR
- Failure to exchange particulars
- Injury or death
- Drugs and alcohol involved

MINOR
- Exchanged details
- No injury or deaths
- No drugs or alcohol involved

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11
Q

What is a breath test?

A
  • Conducted roadside
  • Indication that a PCA offence may be committed
  • NO actual offence committed at this stage
  • Positive breath test leads to arrest for the purpose of a breath analysis
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12
Q

What is a breath analysis?

A
  • Conducted at station or the bus
  • After an arrest for positive breath test
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13
Q

When can’t we breath test?

A
  • Driver admitted or treated at hospital and treated where a blood sample has
    been taken and the doctor says no
  • Dangerous for their condition
  • Expiration after the 2-hour incident
  • At that person’s place of abode. EXAMPLE: If the driver of the vehicle is within their
    driveway or curtilage of their home which would be generally considered past their
    letterbox.
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14
Q

What legislation (act/section) gives us the power to use reasonable force?

A

LEPRA
s230 use of force generally by police officers
s231 use of force in making an arrest

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15
Q

What does ‘effect of certain representations’ mean in relation to drugs? (Act/section)

A

Drug Misuse and Trafficking Act (1985)
s40 Effect of certain representations
A substance (not being a prohibited drug) which, for the purpose of its being supplied, is represented as being a prohibited drug shall be deemed to be a prohibited drug.
Example - a person sells someone panadol represented as ectasy, the person supplying it can be charged with supply.

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16
Q

What is S.197 of LEPRA?

A

Directions generally relating to public places
(CHOPS)
C- Causing fear
H - Harassment / Intimidation
O - Obstructing persons / traffic
P - Procuring prohibited drug
S - Supply prohibited drugs

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17
Q

What is S.198 of LEPRA?

A

Believes on reasonable grounds their behaviour is…
- Likely to cause injury
- Damage to property
- Risk to public safety
- Acting disorderly

198 is to prevent injury, damage to property or reduce/eliminate risk to public safety, or to prevent the continuance of disorderly behaviour in a public place.

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18
Q

What are drug admixtures, and what is the legislation? (Act and Section)

A

Drug Misuse & Trafficking Act (1985) S.4
A reference to a prohibited drug includes reference to any preparation, admixture, extract or other substance containing any proportion of the prohibited drug.

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19
Q

What are the four use of force principles?

A
  1. Reasonable
  2. Necessary
  3. Appropriate
  4. Proportionate
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20
Q

What is S.22 of the Mental Health Act?

A

Detention after apprehension by police
- The person is committing or has committed an offence, or
- The person has recently attempted to kill themself, or
- It is probable that the person will attempt to kill themself or cause significant physical harm to themself or another person, AND
- It would be beneficial to the persons welfare to be felt with in accordance with this Act, rather than otherwise in accordance with law.

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21
Q

What is S.21 of the Mental Health Act?

A

May be required to apprehend and take assist in taking person to mental health facility

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22
Q

What is S.81 of the mental Heath Act?

A

Power to Transport
(1) TRANSPORT
(2) USE FORCE
(4) SEARCH
(5)SEIZE THINGS

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23
Q

What is the definition of mental illness?

A

Mental illness is a condition that seriously impairs a persons mental functioning (hallucinations, delusions, serious disorder in thought and mood, irrational behaviour)
(S.4 Definitions)

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24
Q

What is S.15 of the Mental Health Act?

A

Mental Disorder which is a temporary mental condition

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25
Q

What is S.14 of the Mental Health Act?

A

Mental Illness which is a diagnosed mental condition

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26
Q

Where are our use of force principles outlined?

A
  • Australia New Zealand Policing Advisory Agency (ANZPAA) Use of Force Principles
  • NSW Police Force Use of Force Manual
  • NSW Police Force Arms & Appointments Handbook
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27
Q

Criteria for a major crash?

A
  1. Was anyone injured or killed?
  2. Did any driver leave without exchanging details
  3. Was any driver under the influence of drugs or alcohol
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28
Q

What are the duties of a driver involved in a crash as per the road rules (2014)?

A

R287
- a driver involved in a crash must:
- Provide their details to any other driver
- Provide their details to anyone injured
- Provide their details to any owner of property damaged
- Provide their details and explanation of crash to police

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29
Q

What is the offence of PCA under the ROAD TRANSPORT ACT (2013)?

A

S110 - Presence of PCA in persons breath

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30
Q

What is your power to stop a vehicle, and also to require the driver to produce their licence?

A

Road Transport Act (2013)
S169A - power to stop light vehicle/light combination
S175 - requirement for driver/ride to produce AUS drivers licence and state name & address

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31
Q

What is our power to arrest a driver for a breath analysis after failed breath test? (Act & section)

A

ROAD TRANSPORT ACT (2013)
Schedule 3, Clause 4
1. A driver of a motor vehicle who has indicated a positive result from a roadside breath
test.
2. The driver of a motor vehicle who refuses to undergo a breath test or who fails to supply
a sufficient sample of their breath.

32
Q

What is our power to arrest persons involved in fatal/likely to be fatal crash? (Act & section)

A

ROAD TRANSPORT ACT (2013)
Schedule 3, Clause 12

33
Q

What is our power to conduct random RBTs? (Act & section)

A

ROAD TRANSPORT ACT (2013)
Schedule 3, Clause 3

34
Q

What is the difference between a passive and standard breath test?

A

Passive test - tube not attached to instrument (counting test), tests for presence of alcohol not concentration
Standard test - tube attached, gives accurate concentration

35
Q

What is your responsibility at traffic crashes?

A

(AIDBITCH)
A- Attend, assess, advise
I- Injury (Attend to injury)
D- Drive (Driver and Witness)
B- Breath test
I- Impact (point of impact)
T- Traffic is free flowing
C- Crash investigation
H- How it happened

36
Q

Can you explain your (main) move on powers as per LEPRA?

A

197 - directions generally relating to public places (person is causing fear, harassment/intimidation, obstructing traffic, procuring/supplying prohibited drugs
198 - move on directions to intoxicated persons in public places (person is disorderly or their behaviour is likely to cause injury to other persons, damage to property, or risking public safety) - 6 hours
198A - giving directions to groups of people (same as above)

37
Q

Who can’t be breath tested?

A
  1. Driver has gone to hospital after a crash and doctor says no
  2. If it would be detrimental to persons health
  3. Person is at their home
  4. If it’s more than 2 hours after a crash
38
Q

Who can be breath tested?

A
  1. A driver driving a motor vehicle
  2. A person occupying the drivers seat of a motor vehicle and attempting to put it in motion
  3. A fully licenced driver occupying the passenger seat of a car while an L plater is driving
39
Q

What is the offence of break & enter? What are the circumstances of aggravation for this offence? (Act/section & elements)

A

Crimes Act (1900) s112
Breaking etc into any house etc and committing serious indictable offence
1. Accused
2. Breaks - actual (breaking seal) or constructive (e.g. using key for incorrect purpose)
3. Enters
4. Dwelling-house or other building
5. Commits SIO

Circumstances of aggravation:
- Using a weapon
- In the company of other people
- Knowing someone else is in the dwelling
- Using violence

40
Q

What is the cycle of violence in a DV relationship?

A
  • Build up phase (increase tension)
  • Standover phase (control & fear)
  • Explosion (event/assault)
  • Remorse phase (justification/guilt)
  • Pursuit phase (promises)
  • Honeymoon phase
  • CYCLE CONTINUES
41
Q

What is S11 LEPRA?

A

LEPRA s11 Identity may be required to be disclosed
(1) If police suspect on reasonable grounds that the person can assist with the investigation of a indictable offence
(2) for the purposes of a move on direction

42
Q

What is the offence of Goods in Custody? (Act/section & elements)

A

Crimes Act (1900) s527C
Persons unlawfully in possession of property
1. Accused
2. Property reasonably suspected of being stolen/unlawfully obtained
3. In their custody

43
Q

What are the rules of conduct for a general search, and where do these rules come from?

A

LEPRA s30 searches generally
(a) quickly run hands over outer clothing
(b) require person to remove outer clothing (jacket/coat) and any gloves, shoes, socks, hat
(c) examine anything in their possession
(d) run metal detection device over their clothing

44
Q

What are some legal defences to assault?

A
  • Self defence
  • Sports
  • Medical procedures
  • Defence of lawful correction
  • Forensic procedures
  • Defence of family/home
  • Lawful arrest by police
45
Q

Who are considered legally vulnerable, and what are our obligations to these people when we have them in custody? (Act/section)

A

LEPRA s112
- Persons under age 18
- Non English Speaking Background
- ATSI
- Persons with physical disability
- Persons with intellectual disabilities

Ensure support person is present (may be parent/guardian, translator for NESB people, carer). Ensure ALS is contacted if person is ATSI.

46
Q

What is the maximum investigation period regarding people in custody? (Act/section)

A

LEPRA s115
6 hours

47
Q

What are ‘time outs’? (Act/section)

A

LEPRA s117 Certain times to be disregarded in calculating investigation period
- Conveying person to police station
- Seeking medical treatment
- Waiting for legal representative/parent/guardian/translator/support person etc
- Waiting for other police officers who are relevant to arrive
- Toileting/receiving refreshments
- Waiting for person to recover from intoxication

48
Q

What is the offence of stalking and intimidation? (Act/section & elements).

A

Crimes (Domestic & Personal Violence) Act (2007)
s13 Stalking or intimidation with intent to cause fear of physical or mental harm
1. Accused
2. Stalks or intimidates
3. Victim
4. Intent to cause fear
5. Physical or mental harm

49
Q

What is the definition of ‘stalking’ and ‘intimidation’?

A

Crimes (Domestic & Personal Violence) Act (2007)
s7 meaning of ‘intimidation’ -
- conduct (including cyberbullying) amounting to harassment
- approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety
- conduct that causes a reasonable fear of injury to the person or to another person with whom the person has a domestic relationship, violence to any person, damage to property, or harm to an animal owned by the person or any person with whom the person has a domestic relationship

s8 meaning of ‘stalking’
- the following of a person about
- watching/ frequenting a person’s place of residence, business/work or any place that a person frequents for the purposes of any social/leisure activity
- contacting/approaching a person using the internet or any other technologically assisted means

50
Q

What are the circumstances in which police MUST apply for a provisional violence order?

A

Crimes (Domestic & Personal Violence) Act (2007)
s27 Obligation to apply for provisional order in certain circumstances
Police must apply for a provisional order if they suspect or believe that:
- a domestic violence offence or an offence against section 13 (stalking and intimidation) has recently been/is being committed, or is imminent, or is likely to be committed
- a child abuse offence has recently been/is being committed, or is imminent, or is likely to be committed
AND
- police believe that an order must be made immediately to protect the safety and protection of the person

51
Q

What constitutes a personal violence offence?

A

I - intimate images
B - breach AVO
A - all manner of assaults
D - destroy/damage property
G - guns
A - attempts at these offences
S - stalking and intimidation
O - other offences

52
Q

What is the definition of a domestic violence offence?

A

Crimes (Domestic & Personal Violence) Act (2007)
s11 meaning of a domestic violence offence
- personal violence offence
- an offence (other than a PVO) that arises from substantially the same circumstances which a PVO has risen (SSC)
- an offence (other than a PVO) in which the conduct that constitutes the offence is domestic abuse (CC)

53
Q

What is the offence if contravening an AVO? (Act/section & elements)
What is the statute of limitations for this offence?

A

Crimes (Domestic & Personal Violence) Act (2007)
s14 Offence of contravening apprehended violence order
1. Accused
2. Knowingly
3. Contravenes an AVO

54
Q

What is your main entry power for DV offences? (Act/section)

A

LEPRA s82 Entry by invitation

Police who suspect on reasonable grounds that a DV offence is being/may have been recently committed, is likely, or imminent, may enter and remain on any premises:
- To investigate
- Prevent further offences

May remain on premises to exercise below powers until warrant has been issued, if entry has been denied or revoked:
- Direct person to leave, or not to enter
- Remove anyone from the dwelling
- Prevent a person from entering
- Prevent a person from removing evidence, detain and search persons

55
Q

When should you obtain a warrant for DV offences? (Act/section)

A

LEPRA s83 Warrant where entry denied or authority to remain refused
- Must obtain warrant where an occupant has denied entry or revoked invitation

56
Q

What are your powers to be exercised while on premises during a DV situation? (Act/section)

A

LEPRA s85 Powers that may be exercised on entry into premises
- Investigate
- Render aid
- Arrest
- Prevent further offences
- Search for & seize firearms

57
Q

What is our power to enter and search for firearms after a DV offence has been committed? (Act/section)

A

LEPRA s86 Police may enter and search for firearms
- Police must apply for a search warrant if they have been informed there are no firearms at the residence, but they suspect on reasonable grounds that this is false
- May enter, search, seize any firearms located

58
Q

What is our power to enter and search for dangerous implements/articles after a DV offence has been committed? (Act/section)

A

LEPRA s87 Search and seizure powers
May search for and detain a dangerous article/implement if you believe on reasonable grounds that it is being/was/may have been/may be used to commit a DV offence

59
Q

What does ‘deeming provisions’ mean regarding drugs?

A

Drug Misuse & Trafficking Act (1985) s 29
When a person is found in possession of a prohibited drug, they can be charged with drug supply if the amount is greater than a “traffickable” quantity.

60
Q

How many questions are in a DVSAT, and what are the five underlying themes?

A

25 questions

  1. Background of relationship/current environment
  2. Threat of violence
  3. Dynamics of specific relationship
  4. Presence of children
  5. Sexual behaviours/assault
61
Q

What are the three mandatory conditions of every AVO?

A

The defendant must not:
A) assault or threaten PINOP,
B) stalk, harass or intimidate PINOP, and
C) intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of PINOP

62
Q

When can you exercise your crime scene powers? (Incl. Act/section)

A

LEPRA S88 - Crime scene powers may be exercised if police officer lawfully on premises
(a) establish crime scene, and
(b) exercise crime scene powers, and
(c) stay on premises for those purposes

63
Q

When can a crime scene be established? (Incl. Act/section)

A

LEPRA S90
(a) traffic offence where someone has been seriously injured or died
(b) serious indictable offence
(c) evidence of a serious indictable offence, even if offence was committed elswhere.

64
Q

How many times can a crime scene be established for at the same premises? (Incl. Act/section)

A

LEPRA S91
Not more than once in a 24 hour period, unless a warrant is obtained.

65
Q

How long can a crime scene be established for without a warrant? (Incl. Act/section)

A

LEPRA S92
- 4 hours metro
- 6 hours rural

66
Q

What powers can you exercise at a crime scene ONLY once a warrant has been obtained? (Incl. Act/section)

A

LEPRA S94
(m) seize and detain all or part of a thing that might provide evidence of the commission of an offence,
(n) dig up anything at the crime scene,
(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
(p) any other function reasonably necessary or incidental to a function conferred by this subsection.

67
Q

How do you deal with a mentally ill person who has committed an offence?

A

Summary & T2 - Mental Health Act
Table 1 & strictly indictable - arrest & bring before court

68
Q

Where is our power to conduct a strip search, and where can we conduct a search?

A

LEPRA (2002) s31 - strip searches
(a) carry out in police station or other place of detention if police suspect on reasonable grounds that the strip search is necessary
(b) carry out in another place if the seriousness and urgency of the situation make the strip search immediately necessary

69
Q

How do we preserve privacy and dignity during a strip search, and which legislation outlines this?

A

LEPRA (2002) s32 - preservation privacy and dignity
- Inform the person whether clothing will be required to be removed, and why it is necessary
- Ask for co-operation
- Conduct in a way that provides reasonable privacy, and conduct as quickly as reasonably practicable
- Do not search genital area
- Conducted only by a police officer of the same sex
- Do not ask questions whilst searching
- Allow them to dress as soon as possible

70
Q

What are the rules of conduct for a strip search, and which legislation outlines this?

A

LEPRA (2002) s33 - rules of conduct for strip searches
- Not conducted in the view of anyone of the opposite sex, or anyone whose presence is not necessary
- A parent/guardian/personal representative may be present
- Parent/guardian MUST be present if person is 10-18yo or intellectually impaired
- Cannot touch the person or perform cavity search
- Must not remove more clothes than is necessary
- Medical practitioner may be present

71
Q

What is our power to arrest a driver for a breath analysis after a failed roadside breath test? (Act & section)

A

ROAD TRANSPORT ACT (2013)
Schedule 3, Clause 4

72
Q

What is our power to arrest for blood/urine sample after failed sobriety test? (Act & section)

A

ROAD TRANSPORT ACT (2013)
Schedule 3, Clause 14

73
Q

What is your power to seize someone’s firearms and their licence when their licence has been revoked/suspended?

A

Firearms Act (1996) s25 - Surrender and seizure of firearms when licence suspended or revoked

74
Q

What are the different types of AVOs?

A
  • Provisional
  • Non-urgent
  • Interim
  • Final
75
Q

What are the circumstances in which someone’s firearms licence MUST be revoked?

A

Firearms Act (1996)
s22 - the licensee has been charged with a DV offence, or the Commissioner suspects on reasonable grounds that the licensee has committed a DV offence or threatened to do so
s23 - the licensee has had an interim AVO granted against them

76
Q

Name some of the NSWPF policies regarding domestic violence.

A
  • Code of Practice for the New South Wales Police Force Response to Domestic and Family Violence
  • NSWPF Domestic and Family Violence Policy
  • NSWPF Domestic and Family Violence SOPS
77
Q

Three things to do to witnesses at crime scenes

A

Separate - witnesses will talk to each other and will contaminate each other’s recollection of events.

Record - get names, addresses, telephone numbers, age/date of birth. If at all possible, obtain a driver’s licence

Remain - Ask them to remain at the location in order for specialist investigators to speak with them and obtain a formal statement while the event is fresh in their memory.

FINALS - LAW (1 decks)

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