LEPRA

Question 1

three C’s before conducting a search

Answer 1

I do not need consent, I am asking for your co-operation, failure to comply is an offence

Question 2

Section 202 LEPRA police officers to provide information when exercising powers

Answer 2

Inform reason for exercising power

Provide name and place of duty

Evidence you are a police officer unless in uniform

Question 3

s203 LEPRA

Answer 3

A police officer who exercises a power that consists of a direction, requirement or request must give a warning that the person is “required by law to comply with the direction and failure to comply will be an offence”

(2) warning not required if person has already complied or is in process of complying

Note - failure to comply with the direction does not constitute offence unless warning given

Question 4

LEPRA s198 (6)

Answer 4

Police officer must give warning to the person that “it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after this direction, you are required by law to comply with the direction, failure to comply will be an offence”

Question 5

LEPRA s9

Answer 5

Power to enter in emergencies

• breach of peace
• person suffered significant physical injury or there is imminent danger of it
• body of a person who has died - (must get permission from an inspector or above)

Question 6

LEPRA s10

Answer 6

Power to enter to arrest or detain someone or execute warrant

• police may enter and stay for reasonable time to arrest or detain a person or execute warrant
• must believe on reasonable grounds the person is inside the dwelling
• may search premises for the person

Question 7

LEPRA s101

Answer 7

Power to arrest with a warrant

(warrant does not need to be in the police officers possession)

Question 8

LEPRA s 105

Answer 8

Arrest may be discontinued

Police may discontinue an arrest at anytime
- if the arrested person is no longer a suspected
- more appropriate to deal with the matter by an alternative (Warning, caution, penalty notice, CAN etc)

Question 9

LEPRA s198

Answer 9

Move on directions to intoxicated persons in public places

• power to give move on directions to intoxicated persons in public places who is engaging in relevant conduct

(relevant conduct s198 - Likely to cause injury, damage property or be a risk to public safety and is disorderly)

MUST BE INTOXICATED AND DISORDERLY

Question 10

LEPRA s197

Answer 10

Directions generally relating to public places

• Power to give reasonable directions to stop, reduce or eliminate relevant conduct

Question 11

Relevant conduct for s197 (CHOPS)

Answer 11

Cause fear
Harassment or intimidation
Obstruct traffic
Procure drugs
Supply drugs

Question 12

LEPRA s199 (offence)

Answer 12

Failure to comply with direction

• a person who fails to comply with a lawful direction is guilty of this offence
• a person is not guilty unless the person persisted after the direction was given and was warned that it is an offence to continue the behaviour after the direction.

Question 13

LEPRA s11

Answer 13

identity may be required to be disclosed

• (may require )person was at or near the location soon before, after or at the time an alleged indictable offence occured and theres reasonable grounds to believe they can assist with the investigation
• police officer to require identity of person when giving a move on direction

Question 14

LEPRA s19

Answer 14

Power to request proof of identity

• police officer may request person who is required to provide identity to provide proof of identity