LEPRA - arrest and other misc powers Flashcards
What powers do police officers have to enter private premises without the consent of any occupiers or owners?
Where in legislation are these powers found?
LEPRA s9 allows police to enter a premises and stay as long as reasonably necessary if they believe on reasonable grounds that:
A. a breach of the peace is being / is likely to be committed AND necessary to enter immediately to end / prevent this
B. someone has suffered significant injury or is in imminent danger of suffering such injury AND necesasry to enter immediately to prevent further significant injury
C. the body of someone who has died is on the premises and there is no occupier on premises to consent to entry [under s9 (1A) this power cannot be used unless inspector or above approves]
LEPRA s10 if police have lawful grounds to arrest or detain a person, or are executing a warrant to arrest a person, AND they believe on reasonable grounds the person is on the premises, then police can:
- enter the premises and stay for a reasonable time
- search the premises for the person in question
In what circumstances can police require that a person (not driving a car) provide their identity?
Where in legislation is this power?
LEPRA s11 states that police can require a person to disclose their identity if:
(1) - police suspect on reasonable grounds the person may be able to assist in the investigation of an indictable offence because they were nearby when it occurred (or shortly before/after)
(2) - the requiring officer proposes to give the person a direction to leave a place under Part 14 of LEPRA (s197 or s198)
If a police officer has required someone to provide their identity, what else can the officer request/require in support of this?
Where in legislation are these supporting powers?
If a person has already been required to provide their identity to police…
LEPRA s19 allows police to request proof of their identity
LEPRA s19A allows police to require the person to remove any face coverings to enable officers to see their face
If police have arrested someone for an offence, they can detain that person for a period of time to investigate the offence.
How long is this period of time, and where in legislation is this power provided?
All of the relevant legislation parts are found in LEPRA Part 9
- LEPRA s114 provides the power to detain for an ‘investigation period’ if a person is already arrested
- LEPRA s115 states the detention can be for a ‘reasonable period of time given the circumstances’ but not more than 6 hours.
- LEPRA s118 allows the investigation period to be extended by another 6 hours if a detention warrant is applied for
List 5 ‘timeouts’ that do not count towards the investigation period when detaining an already arrested person for investigation.
Where in legislation are these timeouts listed?
LEPRA s117 lists all the times that don’t count towards the investigation period.
Some easy to remember ones are:
1. time reasonably required to convey the person from the place of arrest to a facility where investigative procedures can occur
2. time required for person to receive medical attention
3. time required for person’s rest, food, or access to a toilet
4. time required to allow person to communicate with friend, relative, guardian, legal rep, consular official
5. time required to arrange for interpreter services
6. time required for person to recover from effects of intoxication
What does it mean to be in police custody?
To be in the care and control of police at a police station or other place of detention
There are two types of people in police custody:
- persons detained by police (arrested or otherwise detained)
- protected suspects
Police have a heightened duty of care to people in police custody.
List some examples of the additional duties police owe these people, and where in legislation this is required.
LEPRA part 9 states that persons in police custody are entitled to a range of supports.
Some of the key ones to remember are:
- s123: communication with friends, relatives, guardians, and legal representatives for the purpose of informing those people where they are and asking them to attend
- s128: an interpreter (if necessary due to poor English or disability)
- s129: medical attention
- s130: reasonable refreshments and access to toilet facilities
What is the definition of a protected suspect?
A person is a protected suspect if they are voluntarily in police custody to participate in investigative procedures in relation to an offence, and if:
(1) they have been told they can leave whenever they want
(2) the police believe there is sufficient evidence the person committed the offence
What power is provided by LEPRA s197? What are the criteria for using this power?
Power: to direct to people in public places to cease certain types of behaviour or to leave a certain public place
Criteria for use: CHOPS
The officer must believe on reasonable grounds that the person’s behaviour or presence in the place must:
- [causing fear] cause or be likely to cause fear to other persons, so long as it would also cause fear to a person as reasonable firmness
- [harrass / intimidate] constitute harassment/intimidation of other persons
- [obstruct] obstruct other persons or traffic
- [procure drugs] is for purpose of obtaining/procuring prohibited drugs
- [supply drugs] is for the purpose of supplying/soliciting someone to supply prohibited drugs
SECTION KNOWLEDGE TEST:
Which sections of LEPRA provide the following powers:
1. power for police to use force when exercising functions other than arrest (and for members of public to assist)
2. power to demand identity from person you intend to issue move-on direction to
3. power to detain arrested person for investigation and associated time limits / timeouts
4. power to demand identity from person witnessing indictable offence
5. power to enter a private premises in an emergency (e.g. breach of peace)
6. power for police and members of public to use reasonable force when arresting
7. power to direct a person in a public place to cease certain behaviours (CHOPS)
8. power to enter a private premises to arrest / detain someone or execute warrant
9. power for police to arrest a person in accordance with a warrant
The LEPRA sections are:
1. s230
2. s11 (2)
3. s114 is the power, s115 is the time limit (6hrs), s117 lists timeouts, s118 allows application for detention warrant to extent by another 6hrs
4. s11 (1)
5. s9 (1)
6. s231
7. s197
8. s10
9. s101
Where in legislation are the rules that govern the use of force by police officers when carrying out their functions?
LEPRA s230
- police can use such force as is reasonably necessary when exercising a function under this or any Act
- anyone helping the police officer can also use reasonable force
LEPRA s231
- police and any person exercising a power to arrest may use such force as is reasonably necessary
What are the four general occasions where a police officer can arrest?
- Arrest for Offence
- Arrest by Virtue of a Warrant
- Breach of Peace
- Specific Powers (e.g following failed breath test for purpose of breath analysis)
What constitutes a ‘sufficient act of arrest’?
- Seizure or touching of person arrested
- Submission by person arrested
- Words or conduct of police officer
What are some alternatives to arrest?
- No action
- Warning
- Caution (youth caution or cannabis caution)
- Fixed Penalty Notice (e.g. TIN / PIN / CIN)
- Field Court Attendance Notice
- Future Service Court Attendance Notice
State LEPRA s99 (1)(a) and (1)(b) verbatim
Power of PO to arrest
- (1)(A) A police officer suspects on reasonable grounds that the person is
committing or has committed an offence
-AND-
- (1)(B) The police officer is satisfied that the arrest is reasonably necessary for
any one or more of the following reasons
I. To stop the person committing or repeating the offence or
committing another offence
II. To stop the person fleeing from a police officer or the location of the
offence
III. To enable enquiries to be made to establish the person’s identity if
it cannot be readily established, or the police officer suspects on
reasonable grounds that the identity information provided is false
IV. To ensure the person appears before a court in relation to the
offence
V. To obtain property in possession of the person that is connected
with the offence
VI. To preserve the evidence of the offence or prevent the fabrication
of evidence
VII. To prevent the harassment of or interference with any persons
giving evidence in relation to the offence
VIII. To protect the safety and welfare of any persons (including the
person arrested)
IX. Because of the nature and seriousness of the offence
