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Adpp Session 2 Exams > Law Polciy And Procedure Mid Term > Flashcards

Law Polciy And Procedure Mid Term Flashcards

1
Q

A police officer may stop search & detain a person if they suspect on reasonable grounds the person has?

A

(SPAD)

S - Stolen or otherwise unlawfully obtained

P - Prohibited plant or drug

A - Anything used or intended / connected with relevant offence

D - Dangerous article in public place, used in connection with a relevant offence

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2
Q

What is section 23 of LEPRA?

A

Power to search persons for dangerous implements without a warrant in public places & schools

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3
Q

What is section 21 of LEPRA?

A

Power to search persons & seize & detain things without warrant

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4
Q

What is section 28A of LEPRA?

A

Power to carry search of person in lawful custody after arrest

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5
Q

What is section 27 of LEPRA?

A

Power to carry out search on arrest

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6
Q

What is Section 33 of LEPRA?

List rules

A

LEPRA, Section 33

Rules of a strip search

Conducted in private area
Not in presence or view of opposite sex
No search of cavities
No examination of person by touch
No more clothes than necessary
Can be preformed in front of medical practitioner of opposite sex
If between 10-18 or impaired intellectual
- in presence of a parent or guardian

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7
Q

What is Section 34A of LEPRA?

A

LEPRA, Section 34A

Searches carried out with consent

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8
Q

What is Section 32 of LEPRA?

List requirements

A

LEPRA, Section 32

Preservation of privacy & dignity during a search

Request co-operation
Only search persons of the same sex
Offer privacy wherever possible
Conduct least invasive search for the circumstances
Conduct search as quickly as possible
Explain if any clothing needs to be removed & why
Not perform questioning while searching is being conducted

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9
Q

In conducting a search of a person, officers must follow Section 30 of LEPRA, list rules within this section

A

LEPRA, Section 30

Rules for searches generally

Quickly run hands over the person’s outer clothing
Require the person to remove outer clothing, jacket & shoes
Examine anything in the possession of the person
Pass metal detector over the persons outer clothing
Do anything authorised by this act for the purposes of the search

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10
Q

What is Section 36 of LEPRA

A

Power to search vehicles & seize things without warrant

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11
Q

What is Section 36A of LEPRA?

A

LEPRA, Section 36A

Stop vehicles

Stop if reasonably suspect that someone in the vehicle is a person they have reasonable grounds to arrest, detain or search.

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12
Q

What are the elements of offensive conduct?

A

1.The accused
2. Conducted him/herself in an offensive manner
3. In or near, or within view or hearing from a public place or a school
Section 4

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13
Q

What are the elements of offensive language?

A

The accused
Used offensive language
In or near, or within hearing from, a public place or a school
(Summary Offences Act 1988, Section 4A (1) )

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14
Q

Offensive implement means?

A

a) Anything made or adapted for use for causing injury to a person, or
b) Anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.

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15
Q

What is the key difference between offensive language & conduct?

A

The key difference is that language is words alone where as conduct can involve words as well as actions.
You cannot charge a person with both offences at the same time.

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16
Q

What are some examples of offensive conduct?

A

Offensive placard or T-shirt
Urinating in public
exposing the buttocks
Obscene gesture/s
Having sexual relations in public

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17
Q

Explain Section 5 of the Summary Offences Act 1988 - Obscene exposure?

A

A person shall not, in or within view from a public place or a school, wilfully & obscenely expose his or her person.
Person = Genitals
Wilfully = Done deliberately & intentionally
Obscenely = Offensive to modesty or decency

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18
Q

What are the five elements of custody of an offensive implement?

A

A person shall not
Without reasonable excuse
Have in his or her custody
An offensive implement
In a public place or a school

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19
Q

Definition of a public place? Section 3 Summary offences act

A

a place or a part of premises that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school.

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20
Q

What seven reason that having custody of a knife is reasonably necessary?

A
  1. Persons lawful pursuit of occupation education or training
  2. Preparation or consumption of food or drink
  3. Lawful entertainment, recreation or sport
  4. Exhibition of knives, retail or other trade purposes
  5. Exhibition by knife collectors
  6. Wearing of an official uniform
  7. Genuine religious purposes
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21
Q

What is the definitions for a knife under the summary offences Act 1988, Section 3?

A

A knife blade
A razor blade
Any other blade`

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22
Q

Identify knife offences & name the sections.

A

Custody of a knife in a public place or school - Section 11C
Wielding of knifes - Section 11E
Parents allowing children to carry knives - Section 11D
Sale of knives to children - Section 11F

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23
Q

Explain “relevant conduct” under LEPRA, Section 197 - Directions generally relating to public places.

A

(CHOPS)

C - Causing fear or likely to cause fear (as long as it would cause fear to a person of reasonable firmness)

H - Harassment / intimidation

O - Obstructing traffic person or vehicle

P - Procuring prohibited drug

S - Supplying prohibited drug

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24
Q

PART 15

What is Section 202 of LEPRA?

A

LEPRA, Section 202

Safeguards, (IPE)

Inform
Provide
Evidence

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25
Q

What is Section 203 of LEPRA?

A

Police to give warnings when giving or making directions, requirements or requests that must be complied with. (failure to comply…)

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26
Q

Explain rule 287 of the Road Rules 2014…

A

Set out the requirement of drivers involved in crashes to,

  1. Must stop & supply their details, both to police & anyone else involved in the crash
    (Name, address & rego)
  2. They must supply police with an explanation when asked of the circumstances of the crash.
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27
Q

What are the three criteria to determine the classification as either major or a minor crash?

A
  1. Was any person killed or injured?
  2. Did any of the drivers leave the scene without providing their details?
    (In accordance with Rule 287 of the Road Rules 2014)
  3. Was any driver involved under the influence of alcohol or other drugs?
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28
Q

When will we breath test?

A

Random breath test (Mobile or stationary)
Collisions
Manner of driving
Breach of road rules (Traffic offence)

29
Q

When will we not breath test?

A

Would not breath test the following

Driver admitted to or TREATED AT HOSPITAL where blood sample is/has been taken.
If it appears that due to injury or illness, it would be DANGEROUS TO THEIR CONDITION / HEALTH.
Any time after the EXPIRATION OF 2 HOURS AFTER the incident / collision which brought the driver under notice.
At that persons PLACE OF ABODE.

30
Q

Three basic elements in every motor vehicle crash?

A

Basic elements in every motor vehicle crash

The driver/s:
The vehicle/s:
The road environment/ conditions

31
Q

What are your priorities when attending a crash?

A

Attend, assess, advise
Attend to the welfare of injured
Identify drivers & witnesses
Breath test drivers where possible
Primary point of impact
Ensure the free flow of traffic
Investigate & record details
Adjudicate on who is at fault & deal with such under relevant legislation

32
Q

What are the first & second questions to ask a driver at a car crash?

A
  1. “were you the driver of this vehicle, Registration number ____ when it was involved in a crash on ____ (ST/RD) at ____ (Time & date)”
  2. “Tell me what happened?”
33
Q

Who can police breath test?

A

Police may breath test when they have reasonable cause to believe that the person;
1. Is or was the driver of a motor vehicle
2. Is or was occupying the drivers seat of a motor vehicle & attempting to put it in motion
3. Is the holder of a drivers licence & is or was seated next to a learner licence holder who is or was driving a motor vehicle, on a road or road related area

34
Q

What is the difference between the passive & standard test?

A

Passive test is where the tube is NOT attached

Standard test is where the tube IS attached

35
Q

Explain the passive test…

A

Generally the initial test at an RBT
Only an indication of the presence of alcohol
Must conduct a standard test if positive
Allows rapid processing of motorists

36
Q

Explain the standard test…

A

The standard test

After a positive passive test
When you suspect the driver has been consuming alcohol
When the driver admits to consuming alcohol
Windy conditions
Other people in the car that have consumed alcohol

37
Q

Observations after arrest for breath analysis?

A

Observations after arrest for a breath analysis

Breath & breathing
Face
Eyes
Speech
Action/ movements
Clothing
Attitude

38
Q

Where do you get your power to arrest for breath analysis?

A

Power to arrest for breath analysis

Road Transport Act 2013, Schedule 3, Clause 4

Positive road side standard test
Refuses to undergo a breath test or fails to supply a sufficient sample

39
Q

Name the three actions police should use when dealing with a person suffering a mental illness?

A
  1. Use effective communication skills
  2. Maintain the person’s rights & dignity
  3. Apply the least restrictive action possible
40
Q

What does section 22 of the Mental Health Act enable you to do?

A

Apprehend the person & take the person to a declared mental health facility.
It would be beneficial to the person’s welfare

41
Q

What is mental illness?

A

a combination of abnormal thoughts, emotions, behaviour, and relationships with others. Examples are schizophrenia, depression, intellectual disabilities, and disorders due to drug abuse.”

42
Q

What is mental disorder?

A

a mental disordered person is someone whose behaviour is for the time being so irrational as to justify a conclusion on reasonable grounds that the temporary care, treatment or control of the person is necessary for their own protection

43
Q

What is the definition of actual bodily harm?

A

Includes any hurt or injury calculated to interfere with the health or comfort of the victim.

Such hurt need not be permanent but must be more than merely TRANSIENT and TRIFLING, for example, scratches and bruises.

44
Q

What is common assault?

A

An assault that ends in no injury, or injuries that require little to no medical attention such as a slap or push.

45
Q

What is grevious bodily harm?

A

Any permanent or serious disfiguring of a person.

46
Q

What does admixture mean?

A

Any proportion of the drug that is another substance is counted as the prohibted drug. E.g Laundry powder and cocaine

47
Q

What is the section for Larceny ?

A

Section 117 - Crimes Act 1900

48
Q

What are the elements of larceny?

A

(TTBWWFI)

1.The accused
2. Taking & carrying away of property
3. Belonging to another
4. Without consent
5. Without legal claim of right
6. Fraudulently
7. Intention to permanently deprive

49
Q

What section is “Goods in custody”?

A

Section 527C - Crimes Act 1900

50
Q

What are the elements for “Goods in custody”?

A
  1. The accused
  2. Had anything
  3. In his or her custody, or the custody of another, or in the premises.
  4. Which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained.
51
Q

Explain the Mens Rea for goods in custody.

A

Knowledge of the existence of the item.
- Knowledge of the likely nature of the item.

52
Q

What is the section for “Break, enter & commit serious indictable offence”?

A

Section 112 - Crimes Act 1900

53
Q

What are the elements for “Break, enter & commit SIO - (1) (a) - Breaking into & entering premises”?

A
  1. The accused
  2. Breaks
  3. Enters
  4. Dwelling-house or other building
  5. Commits a serious indictable offence
54
Q

What are the two types of breaks and explain them?

A

Actual breaking = involves breaking the seal of the premises, interfering with the physical security of the premises.

Constructive breaking (KFCT)
K- key
F- Fraud
C- Conspiracy
T- Threat

55
Q

What is the Section for “Steal motor vehicle, vessel or trailer”?

A

Section 154F - Crimes Act 1900

56
Q

What are the elements for “Steal motor vehicle, vessel or trailer”?

A
  1. The accused
  2. Steals (Elements of larceny)
  3. Motor vehicle, vessel or trailer.
57
Q

What are the alternatives to arrest?

A

Adult

No action
Warning / Caution
Penalty notice
Field court attendance notice (FCAN)
Future service court attendance notice (FSCAN)
Child

No action
Warning
Caution
Youth justice conference

58
Q

What is a strict liability?

A

Only need actus reus

59
Q

What are the responsibilities of first responders to a crime scene?

A

Assess hazards, including officer safety
Check for signs of life & render first aid
Determine the nature & size
Call a supervisor
Remove all people from the crime scene
Call investigators
Define boundaries
Protect evidence
Record a log in your notebook

60
Q

What is Section 88 of LEPRA?

A

LEPRA, Section 88

Crime scene powers may be exercised if police officer lawfully on premises

Lawfully on-premises
Establish crime scenes
Exercise powers
Stay on-premises for that purpose

61
Q

What is Section 90 of LEPRA?

A

LEPRA, Section 90

When a crime scene may be established

Officer suspects on reasonable grounds

Traffic accident resulting in death or serious injury
Serious indictable offence is being, was or may have been committed
Preserve evidence of serious indictable offence committed somewhere else
Crime scene warrant

62
Q

What is Section 91 of LEPRA?

A

LEPRA, Section 91 - Establishment of crime scene

Give the public notice that the premises is a crime scene
Cannot be established more than once in 24hrs, unless you apply for a warrant

63
Q

What is Section 95 of LEPRA?

List powers

A

Crime scene powers

(DD PP ROP)

D - Direct a person to leave the crime scene
D - Direct removal of a vehicle, vessel or aircraft

P - Prevent a person from entering the crime scene
P - Prevent a person from removing evidence

R - Remove or cause to be removed an obstruction from the crime scene
O - Open anything at the crime scene that is locked
P - Photograph or otherwise record the crime scene & anything in it

64
Q

Who are the three stakeholders for the mental health Memorandum of understanding

A

NSW Health
NSW Police Force
Ambulance

65
Q

What are the aims of the Mental Health MOU

A

-Reduce the risk of injury to police and mental health patients when dealing with mental health-related incidents
-Improve collaboration with other government and non-government agencies in the response to, and management of, mental health crisis incidents
-Reducing the time taken by police in the handover of mental health patients into the health system.

66
Q

What are the primary areas of responsibility for police as a key stakeholders?

A

-public safety,
-self-harm issues,
-obligations to transport or
-assist in the transport of patients if assessed as a serious risk

67
Q

What is doctrine of possesion?

A

A person, who is in possession of items (property) so soon after a stealing or a break and enter has taken place, that no other conclusion should be reached by the Court than that the person is the thief, breaker or the guilty receiver in the absence of any explanatio

68
Q

Under the Mental Health Act what is the difference between a mental disordered person & a mentally ill perso

A

A mental disorder may be temporary or just a disturbance brought about by a specific incident & may pass.

A mental illness is a diagnosed medical condition.

Adpp Session 2 Exams (2 decks)

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