Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Adpp Session 2 Exams > LAW POLICY AND procedure finals > Flashcards

LAW POLICY AND procedure finals Flashcards

1
Q

Define Domestic violence

A

Domestic Relationship + Personal Violence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

List examples of a domestic relationship?

MISS DORA

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the six stages of the cycle of violence?

BSE RPH

A

B - Build up
S - Stand over
E - Explosion
R - Remorse
P - Pursuit
H - Honeymoon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

List examples of personal violence offences?

I BAD GASO

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the four types of AVO’s

A

Four types of AVO’s

Provisional AVO
Interim AVO
Non-urgent AVO
Final AVO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

ADVO - Apprehended Domestic Violence Order

A

An order from the court (or Sergeant in the case of a provisional ADVO)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Explain a Provisional AVO

A

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In force until revoked, withdrawn, dismissed or from the moment when an interim/final order is served to the defendant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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is included in an AVO application?

A

(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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the three mandatory orders included in every AVO?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Define “Duty of Care”

A

Duty of Care

Taking all reasonable steps to ensure the safety and well-being of others

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Explain the difference between Arrest and detention

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Explain what a DVSAT is?

A

Domestic violence safety tool used to categorise the severity of a DV incident.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Why do victims of DV find it hard to speak out?

A

Fear
Shame / embarrassment
Bond to their partner
Religious / cultural belief
Lack of knowledge / options
Lack of resources
Social isolation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define stalking

A

Stalking definition

Following or watching a person
Frequenting the vicinity of a persons residence, workplace or social activity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define intimidation

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the duties of the first responder in domestic violence.

DR E ALPINE

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are three types of possession as per the Drug Misuse and Trafficking Act 1985, Section 7?

A

Exclusive sole possession
De-facto possession
Joint possession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the three key summary offences set out in the drug misuse and trafficking Act 1995?

A

Section 10 - Possession of a prohibited drugs

Section 11 - Possession of equipment for administration of prohibit drugs

Section 12 - Self - administration of prohibited drugs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is section 40 of the Drug Misuse and Trafficking Act?

A

Effect of certain representations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Admixtures

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the following common terms?

PCA
DUI
BAC

A

PCA = Prescribed concentration of alcohol
DUI = Driver under the influence
BAC = Blood alcohol concentration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are the circumstances for aggravation for driving offences?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
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?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Who does novice range apply to?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
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
25
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
26
When will we breath test?
Random breath test (Mobile or stationary) Collisions Manner of driving Breach of road rules (Traffic offence)
27
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.
28
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
29
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
30
Observations after arrest for breath analysis?
Breath & breathing Face Eyes Speech Action/ movements Clothing Attitude
31
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
32
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
33
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
34
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
35
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
36
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
37
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
38
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
39
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
40
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.
41
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
42
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
43
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
44
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
45
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.
46
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
47
What is section 93B of the Crimes Act? Explain it.
12 or more Defendant must use violence Common purpose, towards person or property
48
What is Section 10 of LEPRA?
Enter to arrest, detain or execute a warrant.
49
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.
50
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
51
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
52
What is Section 19A of LEPRA?
LEPRA, Section 19A Require removal of face coverings
53
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
54
What is Section 23 of LEPRA?
LEPRA, Section 23 Power to search persons for dangerous implements without a warrant in public places & schools
55
What is Section 27 of LEPRA?
LEPRA, Section 27 Power to carry out search on arrest
56
What is Section 28A of LEPRA?
LEPRA, Section 28A Power to carry search of person in lawful custody after arrest
57
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
58
What is Section 31 of LEPRA?
Strip searches Search is reasonably necessary Seriousness and urgency
59
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
60
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
61
What is Section 34A of LEPRA?
Searches carried out with consent
62
What is Section 36 of LEPRA?
Power to search vehicles & seize things without warrant
63
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
64
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
65
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
66
What is Section 86 of LEPRA?
Police may enter and search for firearms “86 Pick up sticks”
67
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.)
68
What is Section 198A of LEPRA?
Giving of directions to groups of persons
69
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
70
Where do police get their power to request proof of identity?
Section 19
71
What is Section 34 or LEPRA?
No strip searches of children under 10 years
72
What is Section 87 of LEPRA?
Search and seizure powers “All things that send me to heaven” Search for dangerous article or dangerous implement
73
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.
74
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
75
What principle do we use to get reasonable suspicion
T - Time H - History I - Intelligence S - Situation
76
Verbatim “F” of (FINECHAPS)
- To stop the person FLEEING from a police officer or from the location of the offence,
77
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,
78
Verbatim “N” of (FINECHAPS)
- Because of the NATURE and seriousness of the offence.
79
Verbatim “E” of (FINECHAPS)
- To preserve EVIDENCE of the offence or prevent the fabrication of evidence.
80
Verbatim “C” of (FINECHAPS)
- To stop the person COMMITTING or repeating the offence or committing another offence.
81
Verbatim “H” of (FINECHAPS)
To prevent the HARASSMENT of, or interference with, any person who may give evidence in relation to the offence.
82
Verbatim “A” of (FINECHAPS)
A - To ensure the person APPEARS before a court in relation to the offence.
83
Verbatim “P” of (FINECHAPS)
To obtain PROPERTY in the possession of the person that is connected with the offence.
84
Verbatim “S” of (FINECHAP
To protect the SAFTEY and welfare of any person (including the person arrested).
85
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
86
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
87
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.
88
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)
89
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
90
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
91
Which FCAN copies go where?
Yellow - Defendant copy Blue - Retained in the book White - Service copy to court
92
Mental health act section 81?
1 Transport of persons to and from mental health facilities and other health facilitie
93
Mental Health Act section 22
Detention after apprehension by police (cf 1990 Act, s 24)

Adpp Session 2 Exams (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions