Law1 Flashcards
What is S218Bta?
Power to request name and address
On duty and des place
Failing to comply or provision a false n&a is a further offence
BORG
Empowers PSO to ask offender to provide correctness
S219ta
Power to arrest without a warrant
CAPS applies
BORG person has committed an offence against the ta
S220ta
Power to remove an offender
Person must commit an offence for PSO to enforce
BORG person committing an offence against TA or TR
Reg 66tr
Power to request a person to leave vehicle or premise
Person does not have to commit an offence
Request a person to leave a public transport vehicle or premise.
If person is behaving violent, noisy and offensive
Section 6soa
Power to move on
on duty dp or vac of
Breaching or likely to breach the peace
Endangering safety of other passengers
S646ca
Every person taken into custody must be cautioned and given their rights and SIQ
Pso must hand over to MOPF stating they want to excercise ttheir rights
S139EA
Not in custody PSO’s must provide a Caution before interviewing
Stages of arrest?
Preliminary: BORG and CAPS
Execution: Inform they are under arrest and what offences
Security: Hand cuff and handover to MOPF
What is an arrest?
The total restraint of a person however short of time
The actual seizure or touching of a person with a view of detaining them
The accused feels compelled
Purpose of arrest
To enable them to be prosecuted
What are the three types of searches?
Patdown: Pso and PO
Full search: PO only
Intrusive body search: Dr’s only
Authority to conduct a search
Common law
Statute law
S459CA
Arrest for I/O
BORG that the person committed an I/O in Vic or an offence committed elsewhere that would be an I/O in Vic
PSO on duty @ designated place
Must handover to MOPF
S456aaca
Power to request N & A
PO/ PSO on duty @ des place
Request a person to state n & a if a PO or PS BORG
Committed or about to commit an offence
Can assist in the investigation of an I/O
S458ca
Power to arrest without a warrant
Anywhere, anyone, anytime in Vic
BORG
CAPS
If instructed by a MOPF
Finds committing
I/O OR S/O