LEPRA

Question 1

What is Section 99 LEPRA (2002)

Answer 1

A police officer may arrest without warrant

a) If the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and

b) The police officer is satisfied that the arrest is reasonably necessary one of more of the following reasons;
- Stop the person committing or repeating the offence or another offence.
- Stop the person fleeing from police or the location of the offence
- To enable enquiries top made to establish the person identity if it can not be readily established or if the police officer suspects on reasonable ground that identity information is false.
- To ensure the person appearance before court in relation to the offence
- To obtain property in the possession of the person that is connected with the offence.
- To preserve evidence of the offence or prevent fabrication of evidence.
- To prevent harassment of, or interference with any person who may be required to give evidence in relation to the offence.
- To protect the safety or welfare or a person
Because of the nature and seriousness of the offence.

2) A police officer may also arrest a person without a warrant if directed to do so by another police officer. The other police officer is not to give such a direction unless the other officer may lawfully arrest the person without a warrant.
(3) A police officer who arrests a person under this section must, as soon as is reasonably practicable, take the person before an authorised officer to be dealt with according to law.

Question 2

What constitutes an arrest under Section 139 Evidence Act?

Answer 2

Seizure or the touching of a persons body with a view to his restraint.

Submission by the person to the arresters authority.

Words may amount to an arrest (in the mind of the person arrested)

Question 3

What is Section 105 LEPRA?

Answer 3

Power to discontinue arrest.

Question 4

What is Section 201 LEPRA?

Answer 4

Police officer must provide the person subject to the exercise of a power
evidence the police officer is a police officer (unless in uniform)
The name of the police officer and place of duty
The reason for the exercise of the power.

And warn
You are required by law to comply with my request/direction

Question 5

What is Section 230 LEPRA?

Answer 5

User of force generally

- when exercising a function in relation to an individual or thing. - To use as much force as is reasonably necessary to exercise that function

Question 6

What is Section 24 LEPRA?

Answer 6

Section 26 - Knife Search

• Request any person who is in a public place or school.
• To sum it to a a frisk search if the police officer
• Suspects on reasonable grounds that the person has a
• Dangerous implement in their custody

SECTION 27 - Offence for not complying with section 27

SECTION 28 - Power to confiscate items seized under S26

Question 7

What is a dangerous implement?

Answer 7

• A a dangerous article
• A knife
• An implement made or adapted for use that might cause injury to a person,
• Anything intended to be used to injure or menace a person or property.

Question 8

What is Section 21 LEPRA?

Answer 8

• Stolen or otherwise unlawfully obtained
• Anything used or intended to be used in a relevant offence.
• A dangerous article that is or was being used in or connection with the commission of a relevant offence in their possession or under their control in A public place
• A prohibited plant or drug

Question 9

What is Section 21A LEPRA?

Answer 9

If anything is concealed in persons mouth or hair, police can request the person:
Open their mouth
Shake their hair.

Question 10

What is a relevant offence?

Answer 10

A relevant offence is:

An indictable offence

An offence against section 93FB of the crimes act (Posession of Dangerous article other than firearm

An offence against the Weapon Prohbition Act, the firearm act

Question 11

What is a dangerous article?

Answer 11

A firearm, a spare barrels for any such firearm or any ammunition

A prohibited weapon

A spear gun
A article or device, not being a firearm capable of discharging by any means
Any irritant matter in liquid, powder, gas or chemical
Any substance capable of causing ABH

A fuse capable of use with an explosive or detonator
A detonator

Question 12

What are the three types of searches?

Answer 12

Frisk
Ordinary
Strip

Question 13

What is Section 36 LEPRA

Answer 13

Vehicle Searches

A police officers may without warrant, stop search and detain a vehicle if the police officer believes on reasonable grounds the vehicle contains or a person in the vehicle has in his or her possession;

- Anything stolen or unlawfully obtain
- Vehicle is being, was or may have been used in the  commission of a relevant offence
- The vehicle contains anything used or intended to be used in or in connection with the commission of an indictable offence
- The vehicle in a public place or school and contains a dangerous article that is was or may have been used in the commission of a relevant offence
- A prohibited plant or drug
- Circumstance exist on or in the vicinity of a public place or school that are likely to give rise to a serious rick to public safety and the excercise of powers may lesson this risk

Question 14

What is Section 11 LEPRA?

Answer 14

Identity may be required to be disclosed

• A police officer may request a person whose identity is unknown to disclose his or her identity if the officer suspects on reasonable grounds that the person may be able to assist in the investigation of an alleged indictable offence because the person was at or near the please where the alleged indictable offence occurred, whether before, when or soon after it occurred.

Question 15

What is section 14 LEPRA

Answer 15

Power to request Driver or passengers identity?

Police officer suspects on reasonable grounds vehicle is was or may have been used in the commission of an indictable offence.
Request driver to disclose their identity and identity or any passengers

	Request any passenger to disclose their identity, the identity of the driver or any other passengers 

	Request that the owner of the vehicle (not being driver) to disclose the identity of the driver and any passenger

Question 16

What is Section 9 LEPRA

Answer 16

Power to enter in emergencies

	a) a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the beach of the peace
	b) A person has suffered significant physical injury or there is an imminent danger of significant physical injury,

Question 17

What is Section 10 LEPRA

Answer 17

Power to arrest or detain someone

• Enter and stay on premises to arrest (offence or warrant)
• When you believe the person is in the dwelling
• Search the premises for the person

Question 18

What is suspicion?

Answer 18

• Takes into account inadmissible evidence
  
  • Arises at the start of the investigation
  • Less than a belief
  • Information on the mind of the officer at the time
  • Subjective and objective tested applied

Question 19

What is reasonable?

Answer 19

• Whether a reasonable person would be of that opinion.

- Having regard to the information available to police at the time

Question 20

What is Section 139 Evidence Act?

Answer 20

Cautioning of Suspects

1) Evidence of a statement made or an act done by a person during questioning is taken to have been improperly it;
a) the person was under arrest at the time, and
b) the questioning was conducted by an investigating official, and
c) before starting their questioning the investigating official did not caution the person

5) A person under arrest includes
a) The offical believes that there is sufficient evidence to establish that the person has committed an offence that is to be the subject of the questioning
b) THe official will not allow the person to leave
c) The official has given the person reasonable grounds for believing that the person would not b allowed to leave

Question 21

What is the com one law power to seize property?

Answer 21

GHANI & OTHER V JONES (1970)
Has to justify the taking of an article when no man has been arrested or charged these requisites must satisfied.

FIRST: PO must believe on reasonable grounds for believing a serious offence has been committed.
SECOND: PO must have reasonable grounds for believing the article is the fruit of the crime (stolen good) or an item used in the crime.
THIRD: Police officer must believe on reasonable grounds the person in possession of it has committed the crime.
FOURTH: The police must not keep the article longer than is reasonably necessary
LAST: The lawfulness of the conduct of the police must be judged at the time and not by the what happens afterwards.

Question 22

Under Section 27 when can a police officer search a person arrested ??

Answer 22

Power to search after arrest

A police officer who arrest on offence
Present at the arrest, may search if the officer suspects on reasonable grounds;
That is it prudent to do so, in order to ascertain whether the person is carrying;
Would present a danger to the person
Could be used to assist a person escape
A thing that will provide evidence of an offence
Used intended to be used / connection with offence

Question 23

What are findings of Christie V Leachinsky (1947)?

Answer 23

In order to have a lawful arrest a police must :

Offence has be sanctioned by law
Has to be informed about the arrest
Has to be an act of physical arrest
Why they are being arrested

Question 24

What part of LEPRA reflects the findings of Christie VS Leachinsky?

Answer 24

Section 201 in part reflects the commons law findings which provides that a person who is arrested without warrant is entitled to know why. Police must tell the reason for arrest unless it is obvious .

Question 25

What is Section 36A LEPRA

Answer 25

Power to stop vehicle

A police officer may stop a vehicle if the police officer suspects on reasonable grounds that the driver of, or a passenger in or on, the vehicle is a person in respect of whom the police officer has grounds to exercise a power of arrest or detention or a search power under this Act or any other law.

Question 26

What were the findings of Streat vs Bauer

Answer 26

Reasonable test.

Does not depend on whether the arresting officer himself thought at the time that suspicion was reasonable

The question is whether a reasonable man would be of that opinion having regard to the information which was in the mind of the arresting officer