Lesson 1 Flashcards
6 duties of Police Officers
- Maintain law + order and protect life + property
- Prevent crime
- Detect criminals
- Maintain and uphold the statute law
- Control road traffic
- Assist at minor + major disasters
Policing focus
- Community safety
- Crime and justice
- Road safety
Statute Law
ENACTED laws made by PARLIAMENT
Case law
UN-ENACTED laws from JUDGES
D v O v P
Definition
Offence
Power
Definitions of words
- Check ACT
- Check CASE LAW
- Check LAW DICTIONARY
- Check DICTIONARY
What is an offence
ACT OR OMISSION which RENDERS THE PERSON doing it LIABLE TO PUNISHMENT
Types of offences
- Crimes
- Simple
WA criminal Courts
- Magistrates
- District
- Supreme
- Children’s
Statute of limitations
Criminal: NONE unless stated
Simple: 12 MONTHS unless stated
Elements of an offence
EVERY ELEMENT of offence MUST be proven BEYOND REASONABLE DOUBT
Burden of proof
Prosecution:
Burden of proving elements of offence belonging to prosecution
Defence:
Reversal of proof (proving insanity / intox)
Standard of proof
Prosecution: BEYOND REASONABLE DOUBT
Defence: prove matter to lesser standard; ON THE BALANCE OF PROBABILITIES
Can you do a stop and search based on system warnings and/or previous convictions
No
What three factors can determine if you have search rights
Time
Place
Circumstance