Legislation

Question 1

Section 128 CIA - Arrest Powers

When can you arrest?

Answer 1

For Serious Offences (5 years or more)

For Non-Serious offences if:
1. Cannot obtain and verify details
2. Will continue or repeat the offence
3. Will commit another offence
4. Will endanger another’s safety or property
5. Will interfere with witnesses or obstruct justice
6. Will conceal or disturb a thing relevant to the offence
7. Their safety will be endangered.

Question 2

Section 16 CIA - Use of Force when exercising powers

When and what force can be used?

Answer 2

Any force that’s reasonably necessary to the circumstances when exercising a power under CIA to overcome resistance.

Question 3

Section 231 CC - Forced used in executing process or arrest.

When and what force can be used?

Answer 3

Any force that’s reasonably necessary to overcome force used in resisting execution of sentence or arrest.

Question 4

Section 233 - Prevent Escape or Rescue after arrest.

What force can be used?

Answer 4

Reasonable Force

Question 5

Section 260 - Excessive Force

What force is excessive?

Answer 5

1. Any force where none is necessary
2. More force than is necessary
3. Force continued after the need has ended.

Question 6

S70 CIA
Rules for Searching

Answer 6

Identify yourself.
Inform for reason of the search.
Request consent.
If no consent or withdrawn, advise it’s an offence to obstruct the search.

Question 7

Basic Search Power

Answer 7

S63 CIA