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CIM > LEPRA SW > Flashcards

LEPRA SW Flashcards

1
Q

What are the types of warrants under Part 5?

A

Standard
Child Prostitution
Cover
Criminal Organisation

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2
Q

What are searchable offences under Section 46A of LEPRA?

A

Section 46A
1 an indictable offence,
2 a firearms or prohibited weapons offence,
3 a narcotics offence,
4. a child abuse material offence,
5. an offence involving a thing being stolen or otherwise unlawfully obtained,

and
1 if the warrant is a covert search warrant—means a serious offence, and
2 if the warrant is a criminal organisation search warrant—means an organised crime offence.

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3
Q

Who can apply for a convert search warrant under S46C LEPRA?

A

Section 46C

Superintendent or above
Commissioner or AC of PIC or a member of staff of PIC authorised to make the application by the Commissioner of AC
Commissioner or AC of PIC or a member of staff of PIC authorised to make the application by the Commissioner of AC

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4
Q

What is a serious offence??

A

1 any indictable offence punishable by imprisonment for a period of 7 or more years and that involves the following:
1 the supply, manufacture or cultivation of drugs or prohibited plants,
2 the possession, manufacture or sale of firearms within the meaning of the Firearms Act 1996,
3 money laundering,For example, section193B of the Crimes Act 1900.
4 car and boat rebirthing activities,For example, section154G of the Crimes Act 1900.
5 the unauthorised access to, or modification or impairment of, computer data or electronic communications,
6 an activity involving theft carried out on an organised basis,
7 violence causing grievous bodily harm or wounding,
8 the possession, manufacture or supply of false instruments,
9 corruption,
10 destruction of property,
11 homicide,
12 kidnapping,

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5
Q

Who can apply for criminal organisation SW? S46D

A

Superintendent or above

Officer has to suspect on reasonable grounds that there is, or within 7 days there will be, in or on the premises a thing of a kind connected with the searchable offence.

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6
Q

What must be considered to apply for a search warrant? Under Section 47

A

S47 Power to apply for search warrants

  • A police officer may apply to an eligible issuing officer for a search warrant
  • in respect of any premises
  • if the police officer believes on reasonable grounds that there is, or within 72 hours will be, in or on the premises a thing connected with a searchable offence in relation to the warrant.
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7
Q

What Section 46(3) LEPRA - Thing

A
  • With respect to which the offence has been committed.
  • Will provide evidence of the commission of the offence.
  • Was used, intended to be used, in or in connection with the commission of the offence.
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8
Q

What is the General Authority conferred by SW’s as per Section 47A(1)?

A

Section 47(A) authorises the executing officer to;

  • Enter the subject premises
  • Search premises for things (relating to the offence)
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9
Q

Where does the power come to seize something during a SW?

A

Section 49 - Seizure of thing

1) A person executing a search warrant issued under this Division:
may seize and detain a thing (or thing of a kind) mentioned in the warrant, and
may, in addition, seize and detain any other thing that the person finds in the course of executing the warrant and that the person has reasonable grounds to believe is connected with any offence.

(2) Without limiting subsection (1), the power to seize and detain a thing includes:
a power to remove the thing from the premises where it is found, and
a power to guard the thing in or on those premises, and

if it is a covert search warrant that authorises the placing of a kind of thing in substitution for a seized thing—a power to place a thing of that kind on the subject premises in substitution for a thing seized.

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10
Q

Can you search a person found on a premises during a SW?

A

Yes. Power comes a from Section 50 LEPRA if the police officer reasonably suspects the person has a thing mentioned in the warrant
(No automatic search power just because they are there)

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11
Q

What is Section 52 LEPRA?

A

52 Obstruction or hindrance of person executing warrant

A person must not, without reasonable excuse, obstruct or hinder a person executing a warrant issued under this Division.

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12
Q

What is covered S60 - Application of a warrant must be made in person

A
  • Must be in writing
  • Form prescribed by the regulations
  • In person
  • Before eligible issuing officer
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13
Q

Section 61 LEPRA - Telephone Warrant

A
  • May apply by telephone.
  • Eligible issuing officer must be satisfied that it is required urgently and it is not practicable to do it in person
  • Must apply by facsimile if facilities are readily available.
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14
Q

What is clause 11 of LEPRA

A

Suppression

  • Document likely to jeopardize safety of a person
  • Methodology
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15
Q

The defence can challenge the basis of the warrant on two basis’?

A
  • Invalid warrant - (Can only be rectified by Supreme Court)
    Example shouldn’t have got the warrant
  • Defective warrant - (Dealt with in the court issuing the warrant)
    Example - Essential components missing, description of property too broad.
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16
Q

Do errors make a warrant invalid?

A

Section 76 LEPRA - Allows minor defects in a warrant
- Warrant is not invalidated by any defect.
- Other than a defect that affects the substance of the warrant in material particular
Example (Typo’s don’t make the warrant invalid)

17
Q

What must a police officer do in relation to an occupiers notice
Section 67 LEPRA?

A
  • Must be served in person
  • Within 48 hours of execution of warrant
  • Must take all reasonable attempts to serve occupier in this time frame
  • It if cant be served need to see the issuing officer and seek alternative service.
18
Q

How must police announcement their entry pursuant to Section 68 LEPRA?

A
  • Must announce authority to entry through warrant, and
  • Give Person opportunity to allow entry into the premises
  • Immediate entry is required to ensure safety of any person, or
  • Immediate entry is required to ensure the effective execution of the warrant is not frustrated.
19
Q

What force can police use to enter and search a premises pursuant to Section 70 LEPRA?

A
  • Disable an alarm, camera or surveillance device at the premises
  • Pacify any guard dog at the premises
  • Break open any receptacle.
20
Q

What must be shown to justify a night warrant pursuant to Section 72 LEPRA?

A
  • Execution is unlikely to be successful, relevant circumstance will only exist at night.
  • Likely to be less risk to the safety of any person if executed at night.
  • Occupier is likely to be on premises only at night to allow entry without force.
21
Q

When is day warrant. When is a night warrant

A

Day 6am to 9pm

Night 9pm to 6am

22
Q

What part of LEPRA states the need to give occupier a receipt of things seized?

A

Clause 8 LEPRA.

23
Q

Section 73 LEPRA defines the expiry time for warrants. What are these times?

A

Search warrant - 72 hours can apply to extend

Telephone warrant - 24 hours - no extension allowed

Covert Search Warrant - 10 days after issue

Crime Scene warrant - 72 hours
If terrorism related 720 hours

Telephone crime scene warrant - 24 hours - can be extended by 60 hours. Can be done twice

24
Q

Section 74 defines the period in which Report to issuing officer must be returned (form 20). What is this time frame?

A

10 days

25
Q

What are the considerations of a convert search warrant Section 47(2)?

A
  • Superintendent must be the applicant
  • Application made to an eligible judge (Supreme Court)
  • Suspicion is on reasonable grounds a thing connected with a searchable offence.
  • There is or will be within 10 days
  • Serious Offence - 7 years imprionment
  • Can obtain covert DNA samples
26
Q

What are the additional powers given for covert search warrants?

A

Allows entry through adjoining properties
Impersonation of another person
Can seize and replace items at premises

27
Q

What is a drug premises?

A

A drug premises mean any premises that are used for the unlawful supply or manufacture of prohibited drugs, or the enhanced cultivation of a prohibited plant.

28
Q

Who can apply for a drug premises search warrant? Section 140 LEPRA

A

Must be the officer in charge or investigation.

29
Q

Drug premises SW’s provide additional powers. What are these powers? Section 141

A

Can pass through from, over or along other land or building for the purposes of entering the premises.
Search any person on the premises
Require any person to provide full name and address
Person who raise alarm by notifying of police presence are guilty of an offence.

30
Q

What are the three offences relating to Drug houses - Drug misuse and trafficking act 1985?

A

Section 36X Entering or being on drug premises
Section 36Y Allowing use of premises as drug premises
Section 36Z Organizing drug premises

31
Q

Where does the power come to apply for a search warrant?

A

Section 41(1) IMPORTANT
In respect of any premises
If the police officer believes on reasonable grounds
That there is or within 72 hours will be in or on the premises
A thing
Connected with a searchable offence

32
Q

What must be included in SW’s as per Section 62 LEPRA

A

-Name of the applicant
- Grounds on which the warrant is sought.
- The address or other description of the premises
- If the warrant is required to search for a partcular thing, a full description of that thing and, if known its location.
- If the warrant is required to search for a kind of thing, a description of that kind of thing.
- It a previous application for the same warrant was refused, if so the details of the refusal and any additional information required by section 64
-States applicant must provide (either orally or in writing) such information as issuing officer requires converting the grounds of the warrant.
- Any other information required in the regulation.
Nothing in this section will ensure the document *****

33
Q

What were the findings of R V O’Neill (2001)

A

Relates to entry

Notice off your entry (ringing doorbell, knock)
Notice of your authority (ID yourself as police)
Notice as to the cause and reasons for entry.
Opportunity to comply

34
Q

Section 75A - What power does it give police

A

Remove of things from premise for examination

  • Allowed to bring to the premises equipment necessary for examination of thing found.
  • Operate any such equipment to determine if it contains a things that may be seized at the warrant.
  • Move a thing found at the warrant (for up to 7 days) for examination
35
Q

What does Section 75B of LEPRA give police the power to do.

HINT TECHNOLOGY

A

May operate equipment at the premises subject to the warrant to access data.

CIM (8 decks)

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