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.
