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
Defences to a crime
Mistake of fact
Iimpairment (mental)
Self denfence
Automatism
Coercian
Drunkeness
7 Priority communities
Aboriginal
Young people
Seniors
Multicultural
Mental health
Disabled
LGBTIQA+
What is breach of peace?
Power to restrain or detain
Power to remove items
Power to give directions
Power to move on
What is CAPS?
Continuation of offence
Appearence in court
Preserve public order
Saftey to public nd offender
What is Acts Reus?
Where the act is done
What is criminal law?
Branch of law that constitutes an offence
Penalties: fines, good behaviour bond or imprisonment
What is criminal law?
Branch of law that constitutes an offence
Penalties: fines, good behaviour bond or imprisonment
What is common law? and what are the three preumtions?
Case law
Doctrine of precedent
Irrebuttal presumption
Rebuttal presumption
Presumption of fact
What are the irrebuttal presumptions?
Achild under 10 is incapable of crime
Every person is presumed to know the law
What are Rebuttable resumptions?
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
What is presumption of fact?
Inference that can be drawn from the existence of other facts
What are I/O?
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
What is strict liability?
Offences with no Mens Rea requirement
Must prove Actus Reus
Can use discretion but not for safety
Need to prove offence occurred
What are summary offences?
Less serious
Determined in the magistrates court
On the spot infringement notice
What is Mens Rea?
The guilty mind
States of mind capable of committing Mens rea?
Belief
Recklessness
Intention
Negligence
Knowledge
What is Actus Reus?
The physical act
Where the act is done, i.e intentionally stabs the victim
Where the act is not done (duty of care)
