LAW POLICY AND procedure finals Flashcards
Define Domestic violence
Domestic Relationship + Personal Violence
List examples of a domestic relationship?
MISS DORA
Examples of a domestic relationship
(MISS DORA)
M - Married
I - Intimate relationship
S - Same household
S - Same residential facility
D - De facto
O - Ongoing dependence
R - Relative
A - Aboriginal or Torres Strait Islander, extended family or next of kin
What are the six stages of the cycle of violence?
BSE RPH
B - Build up
S - Stand over
E - Explosion
R - Remorse
P - Pursuit
H - Honeymoon
List examples of personal violence offences?
I BAD GASO
I - Intimate images
B - Breach of AVO
A - All manner of assaults
D - Damage to property
G - Guns
A - Attempts at these things
S - Stalking and intimidation
O - Other offence (e.g Indictable & SIO)
What are the four types of AVO’s
Four types of AVO’s
Provisional AVO
Interim AVO
Non-urgent AVO
Final AVO
ADVO - Apprehended Domestic Violence Order
An order from the court (or Sergeant in the case of a provisional ADVO)
Explain a Provisional AVO
Provisional AVO
Police apply if there is immediate fears for the safety of the victim.
Enforceable the minute it has been served
In force until revoked, withdrawn, dismissed or from the moment when an interim/final order is served to the defendant
Granted by a senior police officer, Sgt or above, or the central justice panel
What is included in an AVO application?
(GP FIRE)
G - General history of children, violence and types of abuse
P - Previous AVO’s
F - Future fears of police or PINOP
I - Issues relating to; family law, drugs and alcohol, mental health, firearms, weapons
R - Relationship between PINOP and defendant
E - Examples of violence used; most recent to most serious.
What are the three mandatory orders included in every AVO?
Mandatory orders in an AVO
(ASI)
Must not
A - Assault or threaten them
S - Stalk, harass or intimidate them
I - Intentionally or recklessly destroy or damage property belonging to the victim
Define “Duty of Care”
Duty of Care
Taking all reasonable steps to ensure the safety and well-being of others
Explain the difference between Arrest and detention
Arrest:
Where police make it plain that the person they are arresting is not free to leave
Detention:
The time taken to evoke a legal process.
Explain what a DVSAT is?
Domestic violence safety tool used to categorise the severity of a DV incident.
Why do victims of DV find it hard to speak out?
Fear
Shame / embarrassment
Bond to their partner
Religious / cultural belief
Lack of knowledge / options
Lack of resources
Social isolation
Define stalking
Stalking definition
Following or watching a person
Frequenting the vicinity of a persons residence, workplace or social activity.
Define intimidation
Intimidation definition
Conduct amounting to the harassment of the person, or any approach made to a person causing them to fear for their safety, or injury to a person in a domestic relationship.
What are the duties of the first responder in domestic violence.
DR E ALPINE
Duties of the first responder
(DR E ALPINE)
D - Duty officer to be notified
R - Respectful and supportive of the victim
E - Ensure the victims immediate safety
A - Asses and attend to immediate issues
L - Liaise with criminal investigators
P - Privacy of the victim
I - Identify primary and secondary crime scene
N - Notebook entry
E - Encourage victim not to change
What are three types of possession as per the Drug Misuse and Trafficking Act 1985, Section 7?
Exclusive sole possession
De-facto possession
Joint possession
What are the three key summary offences set out in the drug misuse and trafficking Act 1995?
Section 10 - Possession of a prohibited drugs
Section 11 - Possession of equipment for administration of prohibit drugs
Section 12 - Self - administration of prohibited drugs
What is section 40 of the Drug Misuse and Trafficking Act?
Effect of certain representations
Admixtures
outlines that if a prohibited drug is combined with any admixture, the total amount seized will be calculated in full.
Example: 5 grams of pure heroin mixed with 5 grams of flour = 10 grams of heroin/prohibited drug.
What are the following common terms?
PCA
DUI
BAC
PCA = Prescribed concentration of alcohol
DUI = Driver under the influence
BAC = Blood alcohol concentration
What are the circumstances for aggravation for driving offences?
Circumstances for aggravation for driving offences
PCA of 0.150+
Driving more than 45kph over speed limit
Driving to escape pursuit by police
Substantially impaired by drugs (other than intoxicating liquor) or a combination of drugs.
What are the three criteria to determine the classification as either major or a minor crash?
- Was any person killed or injured?
- Did any of the drivers leave the scene without providing their details?
(In accordance with Rule 287 of the Road Rules 2014) - Was any driver involved under the influence of alcohol or other drugs?
Who does novice range apply to?
Novice range applies to the following
Learner licence holder
Provisional P1 & P2 holders
Unlicensed drivers who have never held a licence of any kind in NSW or any state or territory of Australia.
Who does special range apply to?
Special range applies to the following
Drivers whose licence has been refused , cancelled, disqualified, suspended, or expired (More than 6 months)
Public passenger vehicle (Bus, taxi, Uber)
Coach (Seats 8+ persons for hire)
Heavy motor vehicle (weighing in excess of 13.9T)
Dangerous goods (must display warning signs)
Radioactive substances
Supervisor or special category driver
Inappropriate licence
Who can police breath test?
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
When will we breath test?
Random breath test (Mobile or stationary)
Collisions
Manner of driving
Breach of road rules (Traffic offence)
When will we not breath test?
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.
Explain the passive test…
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
Explain the standard test…
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
Observations after arrest for breath analysis?
Breath & breathing
Face
Eyes
Speech
Action/ movements
Clothing
Attitude
Where do you get your 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
Where do you get your power to conduct a breath test?
Power to conduct a breath test
Road Transport Act 2013, Schedule 3, Clause 3
Explain the Road Transport Act, Schedule 3, Clause 13?
SOBRIETY ASSESSMENT
You must inform the driver you are conducting a sobriety assessment
Must have been submitted to a breath test that provided a negative result before the sobriety
Must have reasonable belief influence drug
No Breath test, no sobriety assessment
What are some relevant observations when conducting a sobriety assessment?
Smell of intoxicating liquor
Colour of face
Skin-needle marks
Sweating
Clothing - dishevelled
Attitude & Action
Eyes - Bloodshot, watery
Speech - slurred, fast, incoherent
Balance
Movement - need support
What is Section 88 of LEPRA?
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
What is Section 90 of LEPRA?
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
What is Section 91 of LEPRA
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
What is Section 95 of LEPRA?
List 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
What is Section 197 of LEPRA?
And list relevant conduct.
Directions generally relating to public places -
(stop relevant conduct)
Relevant conduct
(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
Section 4, Drug Misuse and Trafficking Act
Outlines that if a prohibited drug is combined with any admixture, the total amount seized will be calculated in full.
e.g 5 grams of pure heroin mixed with 5 grams of flour = 10 grams of heroin/prohibited drug.
Ranges of PCA offences
Novice Range PCA
0.001 - 0.019
Special Range PCA
0.020 - 0.049
Low Range PCA
0.050 - 0.079
Middle Range PCA
0.080 - 0.149
High Range PCA
0.150 or higher
list the Legal Processes
No formal action
Warning
Cautions (e.g., Young Offenders Act and Cannabis Cautioning Scheme)
Penalty Notices (e.g., CINS, TINS, PINS)
Field Court Attendance Notices
Future Service Court Attendance Notices
Arrest and Charge (convey to the nearest police station for creation and issue of Court Attendance Notice) and bail undertaking
What are the responsibilities of first responders to a crime scene?
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
What are legal defences for assault?
Self-defence
Accidental use of physical force
When consented to, for example, sports
Medical procedures
Defence of Lawful Correction
Defence of family
Defence of home or property
Lawful arrest or execution of process
Define Assault
Any act committed either intentionally or recklessly that threatens another person with immediate and unlawful violence.
It is not necessary for actual physical harm to be inflicted.
What is section 93C of the Crimes Act?
Explain it.
AFFRAY
1 or more persons
Used or threatened violence
Towards another person
Causing fear to a person of reasonable firmness
What is section 93B of the Crimes Act?
Explain it.
12 or more
Defendant must use violence
Common purpose, towards person or property
What is Section 10 of LEPRA?
Enter to arrest, detain or execute a warrant.
What is Section 11 (2) of LEPRA?
LEPRA, Section 11
Identity may be required to be disclosed
(2) - require a person whose identity is unknown to the officer to disclose his or her identity if you are going to give them a direction.
What is Section 12 of LEPRA?
What is Section 13 of LEPRA?
Section 12 = Failure to disclose identity
Section 13 = False or misleading information about identity
What is Section 13A of LEPRA?
Identity of suspected AVO defendant may be required to be disclosed
“13A AVO IN PLAY”
A police officer may require a person whose identity is unknown to disclose their identity if the suspect on reasonable grounds that an AVO has been made against the person.
Section 13B - Failure of person to disclose identity on requirement
Section 13C - False or misleading information about identity
What is Section 19A of LEPRA?
LEPRA, Section 19A
Require removal of face coverings
What is Section 21 of LEPRA?
List SPAD
Power to search persons & seize & detain things without warrant
General search
(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
What is Section 23 of LEPRA?
LEPRA, Section 23
Power to search persons for dangerous implements without a warrant in public places & schools
What is Section 27 of LEPRA?
LEPRA, Section 27
Power to carry out search on arrest
What is Section 28A of LEPRA?
LEPRA, Section 28A
Power to carry search of person in lawful custody after arrest
What is Section 30 LEPRA?
Rules for searches generally
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
What is Section 31 of LEPRA?
Strip searches
Search is reasonably necessary
Seriousness and urgency
What is Section 32 of LEPRA?
List requirements
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
What is Section 33 of LEPRA?
Rules for conduct of strip search
Rules for conduct of 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
What is Section 34A of LEPRA?
Searches carried out with consent
What is Section 36 of LEPRA?
Power to search vehicles & seize things without warrant
What is Section 82 of LEPRA?
entry by invitation
“Come on through”
a) investigate if a DV has occurred
b) Take action to prevent further DV offence
May stay and exercise powers under section 82 subsection 3A
a) direct person to leave or not enter
b) remove a person for failure to comply
c) prevent a person from entering
d) Prevent person removing evidence
What is Section 83 of LEPRA?
Warrant where entry denied or authority to remain refused
“Leave me”
Apply for a warrant if -
Entry has been denied or authority to remain refused
A DV offence is being or may have been committed
It’s necessary to enter to investigate and take action
What is Section 85 of LEPRA?
IFRAP
What is Section 85 of LEPRA?
IFRAP
I - Investigate
F - Firearms
R - Render first aid
A - Arrest
P - Prevent further DV offences from occurring
What is Section 86 of LEPRA?
Police may enter and search for firearms
“86 Pick up sticks”
What is Section 198 of LEPRA?
List relevant conduct
Move on the intoxicated person in a public place
Relevant conduct
Likely to cause injury
Damage to property
Risk to public safety
Is disorderly
6hrs max
(the person speech, balance, coordination or behaviour is noticeably affected.)
What is Section 198A of LEPRA?
Giving of directions to groups of persons
What is Section 199 of LEPRA?
Failure to comply with a direction
You have to establish that the person persisted after the direction was given
Where do police get their power to request proof of identity?
Section 19
What is Section 34 or LEPRA?
No strip searches of children under 10 years
What is Section 87 of LEPRA?
Search and seizure powers
“All things that send me to heaven”
Search for dangerous article or dangerous implement
What is Section 36A of LEPRA?
Stop if reasonably suspect that someone in the vehicle is a person they have reasonable grounds to arrest, detain or search.
What does section 22 of the Mental Health Act enable you to do?
Apprehend the person & take the person to a declared mental health facility.
It would be beneficial to the person’s welfare
What principle do we use to get reasonable suspicion
T - Time
H - History
I - Intelligence
S - Situation
Verbatim “F” of (FINECHAPS)
- To stop the person FLEEING from a police officer or from the location of the offence,
Verbatim “I” of (FINECHAPS)
To enable enquiries to be made to establish the person’s IDENTITY if it cannot be readily established or if the police officer suspects on reasonable grounds that the identity information is false,
Verbatim “N” of (FINECHAPS)
- Because of the NATURE and seriousness of the offence.
Verbatim “E” of (FINECHAPS)
- To preserve EVIDENCE of the offence or prevent the fabrication of evidence.
Verbatim “C” of (FINECHAPS)
- To stop the person COMMITTING or repeating the offence or committing another offence.
Verbatim “H” of (FINECHAPS)
To prevent the HARASSMENT of, or interference with, any person who may give evidence in relation to the offence.
Verbatim “A” of (FINECHAPS)
A - To ensure the person APPEARS before a court in relation to the offence.
Verbatim “P” of (FINECHAPS)
To obtain PROPERTY in the possession of the person that is connected with the offence.
Verbatim “S” of (FINECHAP
To protect the SAFTEY and welfare of any person (including the person arrested).
List seven offences for a CIN to be issued?
Larceny (value under $300)
Goods in custody
Offensive language
Offensive conduct
Obstruct person, vehicle, vessel in public place
Enter vehicle or boat without consent of owner / occupier
Continuation of intoxicated & disorderly behaviour after a move on direction
What are the elements of offensive conduct? (Section 4 SOA)
The accused
Conducted him/herself in an offensive manner
In or near, or within view or hearing from a public place or a school
Offensive implement means
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.
What are the elements of offensive language?
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)
What are some examples of offensive conduct?
Offensive placard or T-shirt
Urinating in public
exposing the buttocks
Obscene gesture/s
Having sexual relations in public
Explain Section 5 of the Summary Offences Act 1988 - Obscene exposure?
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
Which FCAN copies go where?
Yellow - Defendant copy
Blue - Retained in the book
White - Service copy to court
Mental health act section 81?
1 Transport of persons to and from mental health facilities and other health facilitie
Mental Health Act section 22
Detention after apprehension by police
(cf 1990 Act, s 24)
