Legal 1.2 (Police powers)

Question 1

Rights when police ask you a question:

Answer 1

• remain silent
• have to give name and address

Illigal if not given name and address. Anything said used as evidence

Question 2

When do you have to give your name and address?

Answer 2

• committed or in the process of committing an indictable or summary offence
• assist in investigations regarding indictable offences.

Question 3

When can an arrest be made?

Answer 3

On the suspicion someone has broken, or breaking the law.

Question 4

Who can make an arrest?

Answer 4

• With or without a warrant
• anyone (citizen’s arrest)

Question 5

You have to accompany to police station if:

Answer 5

• Under arrest
• asked to take breathalyser test
• Believe you should be placed in their protection

Question 6

Rights when being taken into custody:

Answer 6

• telephone a lawyer
• telephone friend or family
• must have parent or guardian if under 18

Question 7

Cannot call in private if they believe:

Answer 7

• warning another person involved in crime
• Evidence may be lost or interfered with
• Other people might be endangered
• You are involved in a drink-driving matter

Question 8

What does move on request mean?

Answer 8

Police can ask you to move on or stay away from a public place for up to 24 hours.

Question 9

When can you be asked to move on?

Answer 9

When police reasonably believe:
- Breaching or likely to breach peace
- Putting others in danger (or likely)
- Likely to injure someone or damage property
- Likely risk to public safety.

Question 10

If you do not comply with a move on request:

Answer 10

You can be arrested or given an on-the-spot fine.

Question 11

What is a PSO?

Answer 11

Protective service officer
- Carries weapons and wear uniforms like police
- Have police powers, can only use them on duty in or around designated places

Question 12

When can a PSO search you?

Answer 12

Can search you or car if over 14, or look over 14, if reasonable belief you are carrying:
- spray paint
- Markers for graffiti

Question 13

Can you be charged for refusing be searched by a PSO?

Answer 13

Yes. They have the right to search you if they suspect you. Only can be searched in a designated place (e.g train station)

Question 14

When must you give a PSO your address?

Answer 14

• They believe you will commit a crime
• under 18 and have drunk or about to drink alcohol
• think you’ve witnessed a crime

Question 15

What other powers do PSO’s have?

Answer 15

• arrest you if drunk or disorderly
• take alcohol from you if under 18
• tell you to move on

Question 16

When can PSO’s tell you to move on?

Answer 16

Disturbing, annoying, or making other people unsafe.

Question 17

What is a crime?

Answer 17

An act or omission which comprimises a citizen’s personal security and is punishable by law.

Question 18

What does legislation protect?

Answer 18

Security of our person and property.