Law and Policy Flashcards
Criminal procedure act 1986, section 283B
Written Statements; questions and answers. must have age must be endorsed. written in common language.
Criminal procedure regulation 2017, Clause 9J
Addresses and DOB and phone numbers not to be disclosed on written statements.
Criminal procedure regulation 2017, clause 9K
Signing of written documents/statements.
Road Rules 2014, rule 287 - must report to a police officer any crash where…? (3)
- anyone killed or injured
- a driver does not give their required particulars to anyone included in the crash, including owners of property.
- vehicle is towed away or carried by another vehicle
tow truck drivers must have…
- tow schedule
- towing authority
- drivers licence for that class of truck
- tow trucks drivers certificate
Road Transport Act section 108
Concentrations of alcohol in a person’s system via blood or breath.
also where the PCA ranges are held
Concentrations of blood -
Novice - 0.02grams of alcohol in 210 litres of breath or 100ml of blood. Special/prescribed - 0.05grams low range - 0.08grams mid range - 0.15 grams high range - more than 0.15grams.
Road Transport Act, section 110
Presence of prescribed concentration of alcohol in persons breath or blood
- PCA is dealt with under this section.
Road Transport Act, section 112.
Use or attempted use of any vehicle under the influence of alcohol or any other drug.
- DUI is dealt with under this section.
When we can’t breath test?
- Driver has been emitted to hospital
- any time after the expiration of 2 hours after the collision
- At the persons place of abode.
Questions after arrest and caution for intox…
- what time was your first/last drink
- how many drinks have you had?
- what size were your drinks?
- what type of drinks?
- where did you drink?
- did you eat anything while drinking?
Road Transport Act, schedule 3, division2, section 4…
Arrest following failed breath test
Legislation?
blood samples to be taken in hospitals from crash patients.
clause 11 RTA.
To have sampled blood tested for drugs you must satisfy the following criteria; (3)
- crash results in a fatality
- must have reasonable suspicion or evidence the driver was DUI.
- request to be forwarded to the blood sampling unit.
Road Transport Act 2013, section 117 and 117(2)
Negligent driving, and driving in a speed/manner dangerous to the public.
RTA - Section 118.
Menacing driving, intent to threaten but not harm.
Crimes Act - section 51A…
Predatory driving, intents to hurt, serious road rage.
Crimes Act - section 52(A) -
Dangerous driving occasioning death or GBH.
Crimes Act - section 52A(2) -
Aggravated dangerous driving occasioning death or GBH
Elements of section 52(A) Crimes Act - (Aggravated)
- Driver
- Vehicle
- Involved in an impact
- Occasioning death or GBH.
And at the time of impact…
- was under the influence of intoxicating liquor or drug
- at a speed dangerous to others
- in a manner dangerous to others.
Circumstances of aggravation (Driving offences)
- PCA of alcohol was (0.15 or higher) in the accused’s blood.
- accused was driving more then 45kph over speed limit
- escaping police pursuit
- ability to drive was substantially impaired by being under the influence of a drug.
Public place definition -
- whether or not covered by water
- open to the public, or used by the public.
- does not include a school.
Summary Offences Act 1988 (NSW).
Section 4(1) -
Section 4A(1) -
Section 5 -
- Offensive conduct.
- Offensive language.
- Obscene exposure.
Tests to determine offensive behaviour -
Subjective - POV of victim, offender, or anyone involved
Objective - 3rd person test, opinion of someone not involved.
Section 197 -LEPRA -
A police officer may give a direction to a person in a public place if the officer believes on reasonable grounds that the person/s behaviour in the place is unreasonable.
CHOPS pneumonic for 197 LEPRA -
C - Causing fear H - Harassing or intimidating O - Obstructing traffic or person/s P - Procuring or purchasing a prohibited drug S - selling or supplying prohibited drug
Section 199 - LEPRA -
Failure to comply with direction.
- a person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this part.
Section 11 (2) - LEPRA -
allows police to ask for identity of person/s.
Section 19 - LEPRA -
allows police to demand proof of identity.
IPE - Section 202 - LEPRA
Inform - reason for use of power
Provide - name/place of duty
Evidence - of a police officer
Lepra - Section 198…
Why can Police move them on..? (2) reasons.
move on directions for intoxicated persons in public place.
- police officer may give a move on direction to an intoxicated person…if they believe on reasonable grounds that the persons behaviour in the place may result;
- to cause injury, damage to property, or give rise to risk of public safety.
- is disorderly.
Summary Offence Act 1988. Section 9 -
Continuation of intoxicated and disorderly behaviour following move on direction.
Summary Offence Act 1988 - Section 11B
Custody of an offensive implement
Summary offence act 1988 - section 11C
Custody of a knife in a public place or school.
Offensive implement…
- anything made or adapted for use of causing injury to a person
- anything intended to be used to injure or menace a person or damage property.
6 reasons for reasonable excuse to to possess a knife in public…
- occupation, education or training
- Preparation of food or drink
- lawful entertainment, recreation or sport
- exhibition of knives for retail or other trade purposes.
- knife exhibition for collectors
- part of a uniform.
Summary Offence Act 1988 - Section 11D
Parents who allow children to carry knives;
child being…
- under 18 years old
- someone under offence 11C, is guilty if the parent knowingly permitted the child to commit the offence.
Summary offence act 1988 - section 11E
Wielding knives in a public place or school
Summary offence act 1988 - section 11F
Sale of knives to children
T.H.I.S principle -
T - Time, place and location
H - History of person and location
I - Intelligence available (must be current)
S - Situation in which the interaction is taking place
LEPRA - Section 20 (Relevant offences for search)…
- indictable
- offences against 93FB Crimes Act
- Offence against weapons prohibition and fire arms acts
- Offences against explosives act.
Lepra section 21 -
and the 4 reasons for search…
Power to search persons and seize and detain things without a warrant.
a. ) stolen or unlawfully obtained
b. ) anything used or intended to be used in connection with a relevant offence
c. ) dangerous article that is or was used in connection to a relevant offence
d. ) in contravention with the DMTA 1985, prohibited drug or plant.
LEPRA - Section 23
Search for dangerous implements without a warrant in a public place and schools.
Lepra - section 27
4 reasons officers may do this…
Power to carry out search on arrest (at time of arrest)
PO will arrest if it is prudent to do so in order to ascertain whether the person is carrying anything;
- that would present a danger to the person
- used to assist with escape
- anything that will provide evidence of the offence
- anything used or intended to be used in or in connection with the offence.
LEPRA - Section 28
Ancillary powers to search.
- open mouth
- lift hair etc
LEPRA - Section 28(A) -
Power to carry out search on person in lawful custody.
can be carried out at a place of detention or a police station.
LEPRA - Section 31
Strip Searches;
(b) in the case where the search is carried out in any other place—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.
LEPRA - Section 34
No strip searches for children under 10.
How many TIN’s can be issued at once
4 at one time, not carrying a licence does not count towards the total.
Criminal Infringement notice (CIN) aim: (4)
- provide an alternate legal process to court
- allows police to deal with suspects on the spot
- frees up police time away from paperwork.
- reduce people attending court for minor matters
7 deadly CIN’s -
- larceny
- Goods in custody
- Offensive language
- Offensive conduct (Behaviour)
- Obstruct person/traffic
- Enter vehicle or vessel without consent
- Continued intox in a public place after receiving a move on.
When can we issue FCAN’s - (3).
- offender is positively ID’d
- must establish elements of THAT offence
- notice handed straight to the offender, directing them to attend court on that specific date and time, or risk them not showing up.
When can’t we issue FCAN’s?
- strictly indictable or domestic violence offences
- offences including juveniles, except traffic offences when juvenile is of licensable age.
- suspects are under the influence of drugs or alcohol.
- when offender has outstanding warrants.
FSCAN stands for?
Future service court attendance notice.
Court Date time frame for FSCAN?
court date can be no earlier than 6 weeks, and must be no later than 22 weeks.
3 Types of Harm minimisation strategies:
and what they do…
- Supply reduction - reduce production and supply of illegal drugs.
- Demand reduction - prevent or delay the uptake of alcohol, tobacco and other drug use. Support people to recover from dependance.
- Harm reduction - reduce the adverse health, social and economic consequences of alcohol, tobacco and drug use.
Cannabis Caution Pneumonic (US CAN CAUTION) stands for -
U - under 15 grams
S - Sufficient evidence exists
C - Consent to caution/sign caution
A - Admits to offence
N - No other offences included.
C - Cannot request A - Appropriate in the circumstances U - Use it for personal T - Two cautions max I - ID is confirmed O - Over 18 N - No priors for sex, drug, or violent offences
DMTA 1985 (NSW) Section 7 -
Deemed possession of prohibited drug:
- Exclusive (sole) possession
- De-facto possession
- Joint possession
DMTA 1985 - Section 10.
and elements.
Possession of prohibited drugs.
Elements:
- accused
- had a prohibited drug
- in his/her possession.
DMTA 1985 - Section 11.
and what does it not apply too?
Possession of equipment for administration of prohibited drugs.
- does not apply in respect to hypodermic syringes or hypodermic needles.
DMTA 1985 - Section 12.
self administration of prohibited drugs.
DMTA 1985 - Section 4. Admixtures - explain…
5grams of heroin + 5 grams of icing sugar in a bag, make 10grams, the accused will be charged for all 10 grams regardless of its mix up.
DMTA 1985 - Section 5. Meaning of use and administer, 3 words…
INJECTION, INGESTION AND INHALATION of a prohibited drug.
DMTA 1985 - Section 3, definition of a prohibited plant?
- cannabis plant cultivated by enhanced indoors means or,
- cultivated by other means.
Define cultivate:
- sow or scatter the seed produced by prohibited plant
- plant, grow, tend, nurture, or harvest the prohibited plant.
Offences with respect to a prohibited plant Section 23 - DMTA 1985.
3 steps.
- cultivates
- supplies
- possess.
Section 6 - DMTA 1985, the 3 steps in ‘take part in’
- takes, or participates in, any step in the process of cultivation, manufacture, production, or supply.
- provides or arranges finances
- provides the premises.
Manufacture and production of prohibited drugs
What section and Act.
Section 24 - DMTA
DMTA - Section 25.
Supply of prohibited drugs.
- a person who supplies, or knowingly supplies/takes part in the supply of prohibited drug is guilty of an offence.
DMTA - Section 29
Traffic-able quantity.
- assumed possession taken to be for the supply of that prohibited drug.
DMTA - Section 40.
Effect of certain representations.
- if accused says that whats in their possession is one of the following…
- prohibited drug
- schedule 9 substance
- prohibited plant
- psychoactive substance
if they claim a bag of icing sugar is ‘cocaine’ we can arrest for the claim its cocaine.
5 steps of conflict management:
As S C S O Con Ac
- Ask - person to comply with request
- Set Context - explain why they need to comply
- Set options - give options and some self control.
- Confirm - final chance ti comply
- Action. - take appropriate action
Section 24 Gaming and liquor administration act 2007 -
Power to enter premises.
Section 18 Gaming and Liquor Admin Act 2007 - Purposes to enter the premises. (4)
- to determine compliance
- obtaining info or records
- exercising the functions of an inspector
- promote the objects of the Act.
Section 26 (G&L Admin Act) Powers to inspect and seize things:
- examine any part of the premises
- make examinations and inquiries
- require records for inspection
- inspect records
- copy any records
- seize anything believed to be connected with an offence
- do anything in their power under this part.
what section?
Liquor Act 2007
Prevention of excessive consumption of alcohol on licensed premises.
Section 73
Section 73 - Liquor Act - Subsection 1 and 5 =
- ) Licensee must not permit -
a. intoxication
b. any indecent, violent, quarrelsome conduct on licensed premises.
4.) if intox person is on premises its believed the licensee has permitted intox on the premises unless licensee proves…
- ) - asked intox person to leave
- contacted police to assist in person removal
- refused service of alcohol to person
4 reasons to exclude someone, section 77 Liquor Act -
- intoxicated person, violent, quarrelsome or disorderly
- Minors
- smokes where not designated to
- have a prohibited drug or plant.
Definition of liquor:
a beverage that is 20 degrees celsius and contains more than 1.15% Ethanol by volume.
Section 11 - Summary Offences Act - Minors drinking, list the elements:
- Person under 18 years of age
- Did possess or consume liquor
- in a public place
- not under supervision of a reasonable adult
- no reasonable excuse
