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Law1 > Law1 > Flashcards

Law1 Flashcards

1
Q

What is S218Bta?

A

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

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2
Q

S219ta

A

Power to arrest without a warrant
CAPS applies
BORG person has committed an offence against the ta

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3
Q

S220ta

A

Power to remove an offender
Person must commit an offence for PSO to enforce
BORG person committing an offence against TA or TR

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4
Q

Reg 66tr

A

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

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5
Q

Section 6soa

A

Power to move on
on duty dp or vac of
Breaching or likely to breach the peace
Endangering safety of other passengers

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6
Q

S646ca

A

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

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7
Q

S139EA

A

Not in custody PSO’s must provide a Caution before interviewing

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8
Q

Stages of arrest?

A

Preliminary: BORG and CAPS
Execution: Inform they are under arrest and what offences
Security: Hand cuff and handover to MOPF

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9
Q

What is an arrest?

A

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

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10
Q

Purpose of arrest

A

To enable them to be prosecuted

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11
Q

What are the three types of searches?

A

Patdown: Pso and PO
Full search: PO only
Intrusive body search: Dr’s only

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12
Q

Authority to conduct a search

A

Common law

Statute law

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13
Q

S459CA

A

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

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14
Q

S456aaca

A

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

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15
Q

S458ca

A

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

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16
Q

Defences to a crime

A

Mistake of fact
Iimpairment (mental)
Self denfence
Automatism
Coercian
Drunkeness

17
Q

7 Priority communities

A

Aboriginal
Young people
Seniors
Multicultural
Mental health
Disabled
LGBTIQA+

18
Q

What is breach of peace?

A

Power to restrain or detain
Power to remove items
Power to give directions
Power to move on

19
Q

What is CAPS?

A

Continuation of offence
Appearence in court
Preserve public order
Saftey to public nd offender

20
Q

What is Acts Reus?

A

Where the act is done

21
Q

What is criminal law?

A

Branch of law that constitutes an offence
Penalties: fines, good behaviour bond or imprisonment

22
Q

What is criminal law?

A

Branch of law that constitutes an offence
Penalties: fines, good behaviour bond or imprisonment

23
Q

What is common law? and what are the three preumtions?

A

Case law
Doctrine of precedent

Irrebuttal presumption
Rebuttal presumption
Presumption of fact

24
Q

What are the irrebuttal presumptions?

A

Achild under 10 is incapable of crime

Every person is presumed to know the law

25
Q

What are Rebuttable resumptions?

A

Innocent until proven guilty
A child between 10-14 can do guilty action but not guilty mind
Preumed sane until proven
Voluntary drunkeness is no defence to charge
Liquid is presumed liquor

26
Q

What is presumption of fact?

A

Inference that can be drawn from the existence of other facts

27
Q

What are I/O?

A

Are more serious offences eg Rape murder
Must arrest no discretion
arrest and hand over to MOPF
If it’s in the CA, it is I/O
An attempt to commit an I/O is also an I/O

28
Q

What is strict liability?

A

Offences with no Mens Rea requirement
Must prove Actus Reus
Can use discretion but not for safety
Need to prove offence occurred

29
Q

What are summary offences?

A

Less serious
Determined in the magistrates court
On the spot infringement notice

30
Q

What is Mens Rea?

A

The guilty mind

31
Q

States of mind capable of committing Mens rea?

A

Belief
Recklessness
Intention
Negligence
Knowledge

32
Q

What is Actus Reus?

A

The physical act
Where the act is done, i.e intentionally stabs the victim

Where the act is not done (duty of care)

Law1 (20 decks)

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