Legislation Flashcards
s.21 LEPRA
power to search persons and seize and detain things without warrant.
s.23 LEPRA
Power to search persons for dangerous implements without warrant in public places and schools.
S.28A LEPRA
power to carry out search on person in lawful custody after arrest.
s.32 LEPRA
preservation of privacy and dignity during search.
2) the police officer must inform the person whether to remove clothing and why it is necessary.
3) ask for cooperation
4) provides reasonable privacy
5) least kind of invasive search
6) searched by a same sex officer
7) cannot search if being questioned
s.27 LEPRA
power to carry out search on arrest
the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything
a) could be a danger to a person
b) used to assist a person escape
s.133 LEPRA
power to take identification particulars
2) over the age of 14 years, the particulars may include the person’s photograph, finger-prints and palm-prints.
3) does not authorise taking blood, hair, urine, saliva, body tissue or body fluids
s.195 CRIMES ACT 1900
destroying or damaging property
1) a person who intentionally or recklessly destroys or damages property belonging to another or to that person
a) 5 years
b) by fire or explosion 10 years
2) in the company of another person
a) 6 years
b) by fire or explosion 11 years
3) during public disorder
a) 7 years
b) by fire or explosion 12 years
s.93z CRIMES ACT 1900
Offence of publicly threatening or inciting violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status
s.4 GRAFFITI CONTROL ACT 2008
marking premises or property
1) a person must not, without reasonable excuse, intentioanlly mark any premises or other property, unless the person has first obtained the consent of the following:
a) the occupier or person in charge of the premises
b) the owner or person in charge of the premises or property
(2) A person is guilty of an offence if the person commits an offence under subsection (1) in circumstances of aggravation.
Maximum penalty: 20 penalty units or imprisonment for 12 months.
(3) For the purposes of this section, a person commits an offence in
“circumstances of aggravation” if the person intentionally marks the premises or other property:
(a) by means of any graffiti implement, or
(b) in such a manner that the mark is not readily removable by wiping or by the use of water or detergent.
s.99 LEPRA
power of police officers to arrest without warrant
s.101 LEPRA
power to arrest with warrant
s.105 LEPRA
arrest may be discontinued
s.230 LEPRA
use of force generally by police officers.
s.231 LEPRA
use of force in making an arrest
s.31 LEPRA
strip searches
1) the search is carried out at a police station or other place of detention–the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search
2) where the search is carried out in any other place, purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.
s.19 MENTAL HEALTH ACT 2007
detention on certificate of medical practitioner or accredited person
s.81 MENTAL HEALTH ACT 2007
Transport of persons to and from mental health facilities and other health facilities
1) persons listed below may take to or from a mental health facility or another health facility
(a) a member of staff of the NSW Health Service,
(b) an ambulance officer,
(c) a police officer,
(d) a person prescribed by the regulations.
4) frisk search or an ordinary search of the person, if the person reasonably suspects that the other person is carrying anything.
s.14 MENTAL HEALTH ACT 2007
Mentally ill person
s.20 MENTAL HEALTH ACT 2007
Detention on information of ambulance officer
s.22 MENTAL HEALTH ACT 2007
Detention after apprehension by police
s.59 CRIMES ACT 1900
Assault occasioning actual bodily harm
1) Assault occasioning ABH shall be liable to imprisonment for five years.
2) in the company of another person is liable to imprisonment for 7 years.
s.60 CRIMES ACT 1900
Assault and other actions against police officers
1) A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer, NO ABH. liable to imprisonment for 5 years.
1A) during a public disorder, NO ABH, liable to imprisonment for 7 years.
2) occasions actual bodily harm, liable to imprisonment for 7 years.
2A) during a public disorder, occasions actual bodily harm, liable to imprisonment for 9 years.
3) wounds or causes GBH, 12 years imprisonment
3A) during a public disorder, wounds or causes GBH, 14 years imprisonment.
s.112 LEPRA
modfication of application of part to certain persons
a) Under 18
b) Aboriginal or Torres Strait Islander
c) Non-English speaking background
d) persons who have a disability
s.211F POLICE ACT 1990
(1) A police officer who has reasonable grounds to suspect that another police officer has engaged in police misconduct or serious maladministration is under a duty to report that police misconduct or maladministration or alleged misconduct or maladministration in writing to another police officer who is of the rank of sergeant or above and is more senior in rank than the police officer
c.7 POLICE REGULATION 2015
OATH OF AFFIRMATION
s.78 EVIDENCE ACT 1995
lay opinion
s.79 EVIDENCE ACT 1995
Expert opinion
s.36 LEPRA
Power to search vehicles and seize and detain things without warrant.
a) anything stolen or unlawfully obtained.
b) vehicle used in connection with a relevant offence
c) vehicle contains anything used in connection with relevant offence
d) contains dangerous article in connection with relevant offence.
s.10 LEPRA
Power to enter to arrest or detain someone or execute warrant
