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Session 2 > Mid terms > Flashcards

Mid terms Flashcards

1
Q

Whats LEPRA s9?

A

Power to enter in emergencies

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2
Q

Whats LEPRA s11?

A

Identity may be required to be disclosed

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3
Q

Whats LEPRA s19?
And 19A?

A

Power to request proof of identity

Power to request the removal of face coverings

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4
Q

Whats LEPRA s197?

A

Cease behaviour directions (general)
For CHOPS:
Causing/likely to cause fear
Harassment
Obstructing persons or traffic
Procuring illicit drugs
Supplying illicit drugs

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5
Q

Whats LEPRA s198?
Whats s198A

A

Cease behaviour directions
Power applies to groups of persons

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6
Q

Whats the difference for liquor powers when it comes to LEPRA. vs Liquor act?

A

LEPRA is move on (noticeably affected) LA is detain (seriously affected)

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7
Q

Whats LEPRA s202?

A

IPE

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8
Q

Whats LEPRA s203?

A

Warn

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9
Q

Whats LEPRA s230?

A

Use of force generally

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10
Q

Whats LEPRA s231

A

Use of force when making an arrest

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11
Q

Searches: Whats LEPRA s21?

A

Powers to search persons and seize and detain without a warrant

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12
Q

Searches: Whats LEPRA s23?

A

Power to search for dangerous implements in a public place or school

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13
Q

Searches: Whats LEPRA s27

A

Power to search on arrest

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14
Q

Searches: Whats LEPRA s28A

A

Power to search in lawful custody after arrest

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15
Q

Searches: Whats LEPRA s30

A

Searches generally

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16
Q

Searches: Whats LEPRA s31?

A

Strip searches

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17
Q

Searches: Whats LEPRA 32

A

Preservation of privacy and dignity

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18
Q

Searches: Whats LEPRA s33

A

Rules for conduct of strip searches

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19
Q

Searches: Whats LEPRA s34

A

No strip searches for person under 10

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20
Q

Searches: Whats LEPRA s36A

A

Power to stop vehicle for arrest, detention or search

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21
Q

LEPRA s99: (1)(a)

A

(1) A police officer may, without a warrant, arrest a person if-
(a) the police officer suspects on reasonable grounds the person is committing or has committed an offence, and-

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22
Q

LEPRA s99: (b) what are the justifications?

A

CFIAPEHSN
(b) the police officer is satisfied that the arrest is reasonable 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 from the location of the offence,
(iii) to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,
(iv) to ensure that the person appears before a court in relation to the offence,
(v) to obtain property in the possession of the person that is connected with the offence,
(vi) to preserve evidence of the offence or prevent the fabrication of evidence,
(vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
(viii) to protect the safety or welfare of any person (including the person arrested),
(ix) because of the nature and seriousness of the offence.

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23
Q

Whats a public place and wheres it defined?

A

A place that open to, or used by the public, regardless of payment of many or other considerations.
Whether or not its ordinarily open, or only accessible by certain classes of persons.
Road/road related area
SOA and LEPRA

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24
Q

Street offences: s4?

A

Offensive conduct
-Accused
-Without reasonable excuse
-Conducted themselves in an offensive manner
-In or near, or within hearing of a public place or school

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25
Q

Street offences: s4A?

A

Offensive language
-Accused
-Used offensive language
-In or near, or within hearing of a public place or school

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26
Q

Street offences: s5?

A

Obscene exposure
- Accused
-Wilfully and Obscenely
-Exposed his or her person
-In or near, or within view of public place or school

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27
Q

Street offences: s6?

A

Obstructing traffic

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28
Q

Street offences: s6A?

A

Unauthorised entry of vehicle or boat

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29
Q

Street offences: s11(1)

A

Possession of alcohol by minors

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30
Q

Knifes: Whats a knife?
Wheres it defined?

A

A knife blade
A razor blade
Any other blade
Summary offences act

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31
Q

Knives: Custody of a knife in a public place or school?

A

Crimes Act 93IB
-Accused
-Had in his or her possession, a knife
-Without reasonable excuse
-In a public place or school

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32
Q

Knives: What are reasonable excuses to having a knife?

A
  • the lawful pursuit of a persons education
    -the preparation of food or drink, or
    -Participation in lawful entertainment, recreation or sport
    -the exhibition of knives for retail or other trade purposes, or
    -an organised exhibition by knife collectors, or
    -the wearing of an official police uniform, or
    -genuine religious purposes
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33
Q

Knives: Custody of an offensive implement

A

SOA s11B

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34
Q

Knives: (SOA) Parents who allow children to carry knives?

A

s11D(1)

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35
Q

Knives: (SOA) Wielding of knives in a public place or school

A

s11E

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36
Q

Knives: (SOA) Sale of knives to children

A

s11F(1)

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37
Q

Whats an offensive implement? Wheres it defined?

A

Anything made or adapted for use causing injury to a person, or
anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property

SOA s11B(3)

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38
Q

Public order: Crimes Act. Whats a riot?

A

s93B - 12 or more people for a common purpose

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39
Q

Public order: Crimes Act. Whats affray?

A

s93C - 2 or more people, must be more than words

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40
Q

Traffic: Whats a road?

A

roadmeans an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.

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41
Q

Traffic: Whats are police responsibilities?

A

Attend (call off), Assess (Injuries,hazards), Advise (SITREP)

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42
Q

Traffic: Schedule 3,cl 3?

A

Power to conduct a breath test

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43
Q

Traffic: Defective registrable vehicles

A

s76

44
Q

Traffic: Schedule 3, cl 4?

A

Arrest in order to conduct breath analysis

45
Q

Traffic: Schedule 3, cl 11?

A

Blood samples to be taken in hospital from injured drivers

46
Q

Traffic: Schedule 3, cl 12?

A

Power to arrest driver of a motor vehicle involved in a fatal, or likely to be fatal crash, for the purpose of obtaining blood and urine samples

47
Q

Traffic: Schedule 3, cl 13?

A

Sobriety test

48
Q

Traffic: Negligent, furious or reckless driving

A

s117

49
Q

Traffic: Menacing driving

A

s118

50
Q

Traffic: Power to stop light vehicle and exercise powers

A

s169A

51
Q

Traffic: Requirement for driver or rider to produce Australian driver licence and state name and address

A

s175

52
Q

Traffic: Requirement for responsible person to disclose driver identity

A

s177

53
Q

Traffic: Presence of prescribed concentration of alcohol in person’s breath or blood (Only on roads/road related areas)

A

s110

54
Q

Traffic: Use or attempted use of a vehicle under the influence of alcohol or any other drug (DUI)

A

s112

55
Q

Traffic: s118(1) Menacing with _________

A

Intent

56
Q

Traffic: s118(2) _________ to manace

A

Possibility

57
Q

Traffic: What 3 things make a major crash?

A
  1. Was anyone injured or killed
  2. Did any drivers leave the scene without providing details
  3. Was any driver involved intoxicated
58
Q

Traffic: 3 main causes of crashes

A

Driver
Vehicle
Road/environment

59
Q

Traffic: Elements of a traffic offence

A

Driver/rider
Motor vehicle
Road/ road related area
Elements specific to the offence

60
Q

Traffic: PCA ranges

A

Novice - 0.001 - 0.019
Special - 0.020 - 0.049
Low range - 0.050 - 0.079
Middle range - 0.080 - 0.149
High range - 0.150 +

61
Q

Traffic: Whats a passive vs standard breath test?

A

Passive - no tube
Standard - tube

62
Q

Traffic: Sch 3 cl 11

A

medical practitioners to take blood

63
Q

Traffic: Sch 3 s13

A

Sobriety test

64
Q

Traffic: Sch 3 cl 14

A

Power to arrest for Blood and Urine assessment

65
Q

Road rules: s287

A

Exchange particulars if involved in crash

66
Q

Mental health: Mental illness?

A

Generally formal diagnosis

67
Q

Mental health: Mental disorder

A

Triggered by an event

68
Q

Mental health: s19?

A

MHA is use by practitioners to schedule people

69
Q

Mental health: s20?

A

MHA is for NSW Paramedics who believe its necessary to take someone for a mental health assessment

70
Q

Mental health: s22?

A

MHA is our power to apprehend for a mental health assessment

71
Q

Mental health: s81?

A

MHA is the power to transport and obligations for search, seize, sedation

72
Q

Mental health: What needs to be on a s22 form?

A

Tell the story…include history
What did they say?.. use quotes
What part of s22 did you use to detain them
What is the risk

73
Q

Mental health: 5 most mental illnesses

A

Depression
Schizophrenia
Bi polar
Personality disorders
Drug induced psychosis

74
Q

Mental health: PACER units?

A

Patient Ambulance Clinician Early Response

75
Q

Whats a table 1 offence?
Whats a table 2 offence?

A

T1 - More serious (ex $5000, GBH +, pros or def elect for the matter to be heard in dis court)
T2 - Less serious

76
Q

Homeless people should be left alone unless:

A

-They request assistance
-Appear to be distressed/ need assistance
-Behaviour threatens themselves or others
-Behaviour likely to damage property or environment
-A child under 16
-A person between 16-17 who appears at risk of serious harm
-A child in the care of FACS (Family and Community Services)
-Health/ safety at risk
-Breach of peace

77
Q

Young offenders act: Must be the least ___________ sanction

A

restrictive

78
Q

Young offenders act: Right to obtain____________

A

Legal advise

79
Q

Young offenders act: Can you deal with strictly indictable and graffiti offences under the YOA?

A

No

80
Q

Assaults: 4 types?

A

Common
ABH
GBH recklessly
GBH intentionally

81
Q

Drugs: Whats an admixture and wheres it defined in the DMTA?

A

s4 DMTA - Admixtures - In this Act, a reference to a prohibited drug includes a reference to any preparation, admixture, extract or other substance containing any proportion of the prohibited drug.

For example – 1g of cocaine, mixed with 1g of flour, becomes 2g of cocaine

82
Q

Drugs: s10?

A

Possess prohibited drug (Accused, has in their possession, a prohibited drug or plant)

83
Q

Drugs: s11?

A

Possession of equipment (Accused, has any item for use in the administration of a prohibited drug, in their possession)

84
Q

Drugs: s12?

A

Self administer of prohibited drugs (Accused, administered or attempted to administer to themselves, a prohibited drug)

85
Q

Break offences: What are the 2 types of breaks? Examples?

A

Actual and constructive breaks: Actual Break: Involves a breaking of the seal, interfering with the physical security of the dwelling-house or other building.
E.g.
- Smashing or jemmying open a window or door
- Removing tiles from the roof
- Opening an interior door

Constructive Break: Involves entry being gained through the unauthorised or unlawful use of one of the following:

Key
Fraud
Conspiracy (involves 2 or more people deliberately leaving a door open to allow others access
Threat

86
Q

Break offences: Break and enter and commit SIO. Section and elements?

A

s112(1)(a)
Accused,
breaks, enters, dwelling house or other building,
committed a serious indictable offence

87
Q

Larceny: What section is it?

A

s117 LEPRA

88
Q

Larceny: Is defined where

A

Common law

89
Q

Larceny: Whats the doctrine of recent possession?

A

A person who is in possession of items so soon after a stealing or a break and enter, have taken place, that no other conclusion should be reached, by the court other than, that the person is the thief, breaker or the guilty receiver, in the absence of any explanation.

90
Q

Larceny: Elements?

A

Accused
Taking and carrying away property (the property must be of value)
Property belonging to another
Without consent
Intent to permanently deprive
Taken without claim of right (intent to return is no defence)
Dishonestly or fraudulently

91
Q

Larceny: Offences akin. With sections

A

-S125 Larceny by Bailee
-S156 Larceny by clerks or servants – After till
S157 Embezzlement by clerks or servants – Before till
S154F Steal Motor Vehicle/Vessel/Trailer
S154A Take conveyance without consent of owner - no intent to permanently deprive

92
Q

Larceny: GIC? Offences and sections

A

Goods in custody.
Crimes Act s527C – Persons unlawfully in possession of property
Crimes Act s188 – Receiving stolen property where stealing is a serious indictable offence

93
Q

Larceny: Whats asportation?

A

the detachment, movement, or carrying away of property, formerly an essential component of the crime of larceny.

94
Q

Larceny: Whats the difference between receiving and GIC

A

Receiving is when the person KNEW they were stolen when receiving, GIC is when we cant prove that the person knew they were stolen.

95
Q

CIN,FCAN,FSCAN: What are the 8 specific criminal offences for a CIN

A

Larceny under $300- s 117Crimes Act 1900(NSW)

Goods in Custody- s 527CCrimes Act 1900(NSW)

Offensive conduct- s 4(1)Summary
Offences Act 1988(NSW)

Offensive language- s 4A(1)Summary Offences Act 1988(NSW)

Obstructing traffic- s 6Summary

Offences Act 1988(NSW)

Unauthorised entry of vehicle/boat- s 6ASummary Offences Act 1988(NSW)

Continuation of intoxicated and disorderly behaviour following a move on direction- s 9Summary Offences Act 1988(NSW)

Possess Prohibited Drug- s 10Drug Misuse and Trafficking Act

96
Q

CIN,FCAN,FSCAN: FCAN (Field Court Attendance Notice) eliminate the process of arrest and charge. What criteria must be satisfied?

A
  1. The offence will not continue after issuing the FCAN
    2.Identity must be established
    3.You believe that the offender will appear in court
    4.There is no further investigation required in order to commence a criminalproceeding
    5.The accused will not interfere with evidence or hinder the police investigation
    6.The accused will not intimidate the victim or witnesses
    7.You do not need to impose bail conditions on the accused
    8.The offence is listed on the FCAN guide card (contained in FCAN book).
97
Q

CIN,FCAN,FSCAN: When cant you issue a FSCAN?

A
  1. When strictly indictable and domestic violence offences are committed
  2. For offences involving juveniles, except traffic offences when the juvenile is of licensable age
  3. When suspects are under the influence of a drug or alcohol
  4. When the offender has outstanding warrants (must be returned to a station for a warrant to be executed).
98
Q

CIN,FCAN,FSCAN: Whats the time limit on a FSCAN

A

22 weeks

99
Q

Crime Scenes: Crime scene powers may be exercised if police officer lawful on premises

A

s88

100
Q

Crime scenes: when crime scenes may be established

A

s90

101
Q

Crime scenes: Crime scene powers

A

s95

102
Q

Crime scenes: may exercise a crime scene in a public place without a warrant

A

s89

103
Q

Crime scenes: Establishment of crime scene

A

s91

104
Q

Crime scenes: Whats a primary? Whats a secondary? and how big

A

Where the crime occurred
Any location related to the primary

105
Q

Crime scenes: Whats an inner and outer perimeter

A

Inner - protect evidence (50% larger than needed)
Outer - To exclude media and public

106
Q

Crime scenes: Theory of transference

A

Locard
Every contact leaves a trace

107
Q

Crime scenes: What to do with witnesses

A

Seperate, Record (their details), Request them to remain at the scene so investigators can speak with them.

Session 2 (1 decks)

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