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MODULES 10-13 > MODULE 12 > Flashcards

MODULE 12 Flashcards

1
Q

Under Summary Offences Act Section 3, What is the definition of ‘Public Place’

A

(a) a place (whether or not covered by water), or
(b) a part of premises,
that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school (Outside the premise is public).

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2
Q

Definition of offensive?

A

such as is calculated to wound the feelings, arouse anger or resentment or disgust in the mind of a reasonable person

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3
Q

What test is used in determining what is offensive?

A

‘Subjective’ & ‘Objective’ tests
• The ‘Subjective Test’ is taken from the point of view of the victim, offender, or any other person involved in the incident.
• The ‘Objective Test’, also known as the Reasonable Third Person Test, is about the opinion of a reasonable third person who was not involved in the situation but who may have been a bystander and witnessed the incident. Location and circumstances should also be considered (e.g church)

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4
Q

What act can you fine someone for offensive language? what does it entail?

A

Summary Offences Act 1988 (NSW), Section 4A(1)
4A Offensive language
(1) A person must not use offensive language in or near, or within hearing from, a public place or a school.
Maximum penalty: 6 penalty units.

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5
Q

What are alternative forms of punishment for offensive language?

A

Summary Offences Act 1988 (NSW), Section 3, 6.

(3) Instead of imposing a fine on a person, the court:
(a) may make a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 that is subject to the standard conditions of a community correction order and to a community service work condition (despite the offence not being punishable by imprisonment), or
(b) may make an order under section 5 (1) of the Children (Community Service Orders) Act 1987 requiring the person to perform community service work, as the case requires.
(4) , (5) (Repealed)
(6) However, the maximum number of hours of community service work that a person may be required to perform under an order in respect of an offence under this section is 100 hours.

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6
Q

What are the elements of offensive language offence?

A
  1. the accused
  2. used offensive language
  3. in or near, or within hearing from, a public place or a school
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7
Q

What act could you penalise someone for offensive conduct?

A

Summary Offences Act 1988 (NSW), Section 4(1)

(1) A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.
Maximum penalty: 6 penalty units or imprisonment for 3 months.
e.g urinating in public, public nudity, littering, spitting etc.

(2) A person does not conduct himself or herself in an offensive manner as referred to in subsection (1) merely by using offensive language.
(3) It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.

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8
Q

What are the elements of offensive conduct?

A
  1. the accused
  2. conducted him/herself in an offensive manner
  3. in or near, or within view or hearing from a public place or a school
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9
Q

What act can you penalise someone for Obscene exposure?

A

Summary Offences Act 1988 (NSW), Section 5
5 Obscene exposure
A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person. (Person refers to genitalia ONLY not ASS)
Maximum penalty: 10 penalty units or imprisonment for six months

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10
Q

What Act allows you to give a move on direction? (IMPORTANT MUST KNOW SECTION 2)

A 
LEPRA 2002 (NSW), Section 197 subsections (2) to (4) 
197   Directions generally relating to public places (cf Summary Offences Act 1988, s 28F)

(2) A direction given by a police officer under this section must be reasonable in the circumstances for the purpose of—
(a) reducing or eliminating the obstruction, harassment, intimidation or fear, or
(b) stopping the supply, or soliciting to supply, of the prohibited drug, or
(c) stopping the obtaining, procuring or purchasing of the prohibited drug.
(3) The other person or persons referred to in subsection (1) need not be in the public place but must be near that place at the time the relevant conduct is being engaged in.
(4) For the purposes of subsection (1)(c), no person of reasonable firmness need actually be, or be likely to be, present at the scene.

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11
Q

Under LEPRA 2002 (NSW), Section 197 subsections (1), what is defined as relevant conduct? (WILL BE IN EXAMS)

A

(1) A police officer may give a direction to a person in a public place if the police officer believes on reasonable grounds that the person’s behaviour or presence in the place (referred to in this Part as “relevant conduct”):
(a) obstructing another person or persons or traffic, or
(b) constitutes harassment or intimidation of another person or persons, or
(c) is causing or likely to cause fear to another person or persons, so long as the relevant conduct would be such as to cause fear to a person of reasonable firmness, or
(d) is for the purpose of unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug, or
(e) is for the purpose of obtaining, procuring or purchasing any prohibited drug that it would be unlawful for the person to possess.

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12
Q

Mnemonic Used to Remember 197 (1)

A 
C – Causing Fear
H – Harassment / Intimidation
O – Obstructing Traffic (person/vehicle)
P – Procuring Prohibited Drug
S – Supplying Prohibited Drug
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13
Q

What Act can you penalise someone for failure to comply with direction?

A

LEPRA 2002 (NSW), Section 199
199 Failure to comply with direction (cf Summary Offences Act 1988, s 28F)
(1) A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this Part.
Maximum penalty—2 penalty units.
(2) A person is not guilty of an offence under this section unless it is established that the person persisted, after the direction concerned was given, to engage in the relevant conduct or any other relevant conduct.

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14
Q

SCENARIO:
Let’s say you give a 197 direction that includes a move-on because a person’s behaviour is causing harassment (relevant conduct) to people walking past. The person does not move-on but stops the harassing behaviour (relevant conduct).

A

The elements of the 199 offence of failure to comply with direction have not been met, and therefore the person is not guilty of a Section 199 offence, even though they have not moved-on.

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15
Q

What must you do before issuing a Section 197 or 198 Direction?

A

on you should consider sections 11(2) and 19 of LEPRA.
11 (2): (2) A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer proposes to give a direction to the person in accordance with Part 14 for the person to leave a place.
19: Power of police officer to request proof of identity (cf Crimes Act 1900, s 563)
A police officer may request a person who is required under this Part to disclose his or her identity to provide proof of his or her identity.

You must exercise the powers under LEPRA 2002 (NSW), Section 11(1) or 11(2) before using LEPRA 2002 (NSW), Section 19.

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16
Q

In terms of the direction, the recommended wording is:

A

“I am Constable ______ from _____ Police Station. I believe your yelling out to people as they walk past is intimidating people in this area. I am directing you to stop this conduct. Do you understand that? I must warn you that you are required by law to comply with this direction”.

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17
Q

LEPRA 2002 (NSW), Section 202 is your power to IPE. what does Section 203 entail?

A

203 Police officers to give warnings when giving or making directions, requirements or requests that must be complied with
(1) A police officer who exercises a power to which this Part applies that consists of a direction, requirement or request must give a warning to the person subject to the exercise of the power that the person is required by law to comply with the direction, requirement or request.

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18
Q

What Act can give you the power to give a move on direction to an INTOXICATED person?

A

LEPRA 2002 (NSW), Section 198 (1)
198 Move on directions to intoxicated persons in public places
(1) A police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person’s behaviour in the place as a result of the intoxication (referred to in this Part as relevant conduct)—
(a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or
(b) is disorderly.

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19
Q

Relevant conduct of Section 198 LEPRA?

A

1(a). is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or
1(b). is disorderly.

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20
Q

What Act provides you with the power to request proof of identity?

A

19 Power of police officer to request proof of identity (cf Crimes Act 1900, s 563)
A police officer may request a person who is required under this Part to disclose his or her identity to provide proof of his or her identity.

You must exercise the powers under LEPRA 2002 (NSW), Section 11(1) or 11(2) before using LEPRA 2002 (NSW), Section 19.

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21
Q

What Act gives you the power to give a move on direction for groups of people?

A

LEPRA 2002 (NSW), Section 198A
198A Giving of directions to groups of persons
(1) A police officer may give a direction under this Part to persons comprising a group.
(2) In any such case, the police officer is not required to repeat the direction (or the warning referred to in section 198(6) in the case of a direction given under section 198), or to repeat the information and warning referred to in Part 15, to each person in the group.
(3) However, just because the police officer is not required to repeat any such direction, information or warning does not in itself give rise to any presumption that each person in the group has received the direction, information or warning.

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22
Q

What Acts allows you to penalise someone for failure to complete with direction?

A

LEPRA 2002 (NSW), Section 199
199 Failure to comply with direction (cf Summary Offences Act 1988, s 28F)
(1) A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this Part.
Maximum penalty—2 penalty units.
(2) A person is not guilty of an offence under this section unless it is established that the person persisted, after the direction concerned was given, to engage in the relevant conduct or any other relevant conduct.

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23
Q

What Act allows you to penalise an intoxicated person for continued behaviour after move on direction?

A

Summary Offences Act 1988 (NSW), Section 9
9 Continuation of intoxicated and disorderly behaviour following move on direction
(1) A person who:
(a) is given a move on direction for being intoxicated and disorderly in a public place, and
(b) at any time within 6 hours after the move on direction is given, is intoxicated and disorderly in the same or another public place,
is guilty of an offence.
Maximum penalty: 15 penalty units.
(2) For the purposes of this section, a move on direction is a direction given to a person by a police officer, under section 198 of the Law Enforcement (Powers and Responsibilities) Act 2002, to leave a public place and not return for a specified period.

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24
Q

Under Summary Offences Act 1988 (NSW), Section 9, Continuation of intoxicated person’s behaviour:

A

(6) For the purposes of this section, a person is intoxicated if:
(a) the person’s speech, balance, co-ordination or behaviour is noticeably affected, and
(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of alcohol or any drug.

25
Q

What does Section 204A of LEPRA MEAN?

A

if you are exercising a power that consists of a direction, requirement or request, YOU MUST IPE! However, if you are exercising a power that does not consist of a direction, requirement or request, for example, arrest and you don’t IPE the arrest or exercise of the power is still valid. However, if you are asked for your name and place of duty by the person you are arresting or exercising the power upon and don’t supply your name and place of duty, the arrest or exercise of the power is unlawful.

26
Q

Identify some knife offences?

A

SUMMARY OFFENCES ACT:
- Custody of offensive implement (11B)
• Custody of knife (11C)
• Parents allowing children to carry knives (11D)
• Wielding of knives (11E)
• Sale of knives to children (11F)

27
Q

What Act can you penalise someone for carrying a knife?

A

Summary Offences Act 1988 (NSW), Section 11C (1)
11C Custody of knife in public place or school
(1) A person must not, without reasonable excuse (proof of which lies on the person), have in his or her custody a knife in a public place or a school.
Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.

28
Q

What are the exceptions to carrying a knife under Summary Offences Act 1988 (NSW), Section 11C (2)?

A

(2) Without limitation, it is a reasonable excuse for the purposes of this section for a person to have custody of a knife, if:
(a) the custody is reasonably necessary in all the circumstances for any of the following:
(i) the lawful pursuit of the person’s occupation, education or training,
(ii) the preparation or consumption of food or drink,
(iii) participation in a lawful entertainment, recreation or sport,
(iv) the exhibition of knives for retail or other trade purposes,
(v) an organised exhibition by knife collectors,
(vi) the wearing of an official uniform,
(vii) genuine religious purposes, or

29
Q

Is carrying a knife in public for the purpose of self defence reasonable reason to carry?

A

No.

30
Q

What is meant by “custody”?

A

On their person. Anything they have access to. E.g bag, locker, pocket etc.

31
Q

What is the definition of a knife under Summary Offences Act 1988 (NSW), Section 3?

A

(a) a knife blade, or
(b) a razor blade, or
(c) any other blade,
but does not include anything that is of a class or description declared by the regulations to be excluded from this definition. (e.g plastic knife from takeaway store).

32
Q

What Act penalises parents who allow their children to carry knives?

A

Summary Offences Act 1988 (NSW), Section 11D(1)
11D(1) Parents who allow children to carry knives
(1) The parent of a child, being a child:
(a) who is under the age of 18 years, and
(b) who commits an offence against section 11C,
is guilty of an offence if the parent knowingly authorised or permitted the child to commit the offence.
Maximum penalty: 5 penalty units.
(2) The parent of a child may be proceeded against and dealt with under this section whether or not the child has been proceeded against or dealt with under section 11C.

33
Q

What Act penalises a person who wields a knife in public without reasonable excuse?

A

Summary Offences Act 1988 (NSW), Section 11E
11E Wielding of knives in a public place or school
(1) A person who, without reasonable excuse (proof of which lies on the person):
(a) uses a knife, or
(b) carries a knife that is visible,
in the presence of any person in a public place or a school in a manner that would be likely to cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of an offence.
Maximum penalty: 50 penalty units or imprisonment for 2 years.
(2) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

To satisfy the elements of this offence, the offender must have the knife out and in public view or be using it in such a way as to cause a person of reasonable firmness (objective test) to fear for their safety.

34
Q

What Act penalises a person who sells a knife to a person under the age of 16?

A

Summary Offences Act 1988 (NSW), Section 11F(1)
11F(1) Sale of knives to children
(1) A person who sells a knife to a child under the age of 16 years is guilty of an offence.
Maximum penalty: 50 penalty units.

It is an offence to sell a knife to anyone under the age of 16 years unless there were good reasons for the retailer to believe that the person was over 16. However, the onus is on the retailer to satisfy themselves as to the age of the person buying the knife, for example, by the production of suitable Identification.

35
Q

What Act penalises a person that has a custody of an offensive implement?

A

Summary Offences Act 1988 (NSW), Section 11B(3)
11B Custody of offensive implement
(1) A person shall not, without reasonable excuse (proof of which lies on the person), have in his or her custody an offensive implement in a public place or a school.
Maximum penalty: 50 penalty units or imprisonment for 2 years.
(2) If a person is convicted of an offence under this section, the court may, in addition to any penalty it may impose, make an order that the offensive implement be forfeited to the Crown, and the implement is forfeited accordingly.

36
Q

Under Summary Offences Act 1988 (NSW), Section 11B(3), what does it mean by ‘offensive implement?’

A

offensive implement means:

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

37
Q

What Pneumonic is used when searching a person for a knife Police must “suspect on reasonable grounds” that the person is in possession of a knife?

A

Time, date and place

History of the person and location

Intelligence available (must be current)

Situation in which the interaction is taking place

38
Q

What does LEPRA, Section 21 Entail? (IMPORTANT FOR EXMAM)

A

21 Power to search persons and seize and detain things without warrant:

(1) A police officer may, without a warrant, stop, search and detain a person, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that any of the following circumstances exists—
(a) the person has in his or her possession or under his or her control anything stolen or otherwise unlawfully obtained,
(b) the person has in his or her possession or under his or her control anything used or intended to be used in or in connection with the commission of a relevant offence,
(c) the person has in his or her possession or under his or her control in a public place a dangerous article that is being or was used in or in connection with the commission of a relevant offence,
(d) the person has in his or her possession or under his or her control, in contravention of the Drug Misuse and Trafficking Act 1985, a prohibited plant or a prohibited drug.

39
Q

What does LEPRA, Section 20 entail?

A

20 Relevant offences
The following offences are relevant offences for the purposes of this Division—
(a) indictable offences,
(b) an offence against section 93FB of the Crimes Act 1900,
(c) an offence against the Weapons Prohibition Act 1998, the Firearms Act 1996, or a regulation made under either of those Acts,
(d) an offence against a provision of Part 2 of the Explosives Act 2003.

40
Q

LEPRA, Section 21A, allows you to do what type of search? and under what conditions?

A

21A Ancillary power to SEARCH PERSONS
(1) In conducting a search of a person under section 21, a police officer may, if the police officer suspects on reasonable grounds that a thing referred to in section 21(1)(a), (b), (c) or (d) is concealed in the person’s mouth or hair, require the person—
(a) to open his or her mouth to enable it to be searched, or
(b) to shake, or otherwise move, his or her hair.
(2) Subsection (1) does not authorise a police officer to forcibly open a person’s mouth.
(3) A person must not, without reasonable excuse, fail or refuse to comply with a requirement made by a police officer in accordance with this section.
Maximum penalty—5 penalty units.

41
Q

LEPRA, Section 23, allows you to do what?

A

23 Power to search persons for dangerous implements without warrant in public places and schools

(1) A police officer may, without a warrant, stop, search and detain a person who is in a public place or a school, and anything in the possession of or under the control of the person, if the police officer suspects on reasonable grounds that the person has a dangerous implement unlawfully in the person’s possession or under the person’s control.
(2) To avoid doubt, if the person is in a school and is a student at the school, the police officer may also search the person’s locker at the school and examine any bag or other personal effect that is inside the locker.
(3) For the purposes of this section, the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds to suspect that the person has a dangerous implement in the person’s possession or under the person’s control.
(4) In conducting a search of a student in a school under this section, a police officer must, if reasonably possible to do so, allow the student to nominate an adult who is on the school premises to be present during the search.

42
Q

What is the difference between Dangerous implement and dangerous article?

A

dangerous implement means—

(a) a dangerous article, or
(b) a knife (including a knife blade, razor blade or any other blade), or
(c) any other implement made or adapted for use for causing injury to a person, or
(d) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property, or
(e) a laser pointer,

dangerous article means—

(a) a firearm, a spare barrel for any such firearm, or any ammunition for any such firearm, or
(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or
(c) a spear gun, or
(d) an article or device, not being such a firearm, capable of discharging by any means—
(i) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or
(ii) any substance capable of causing bodily harm, or
(e) a fuse capable of use with an explosive or a detonator, or
(f) a detonator.

43
Q

LEPRA, Section 27, allows you to do what type of search? and under what conditions? (IMPORTANT TO KNOW FOR EXAMS)

A

(1) A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything—
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody, or
(c) that is a thing with respect to which an offence has been committed, or
(d) that is a thing that will provide evidence of the commission of an offence, or
(e) that was used, or is intended to be used, in or in connection with the commission of an offence.

NOTE: ONLY ON ARREST OF THE POLICE OFFICERS PRESENT

44
Q

LEPRA, Section 28, allows you to do what type of search? and under what conditions?

A

28 Ancillary power to search persons
(1) In conducting a search of a person under section 27, a police officer may, if the police officer suspects on reasonable grounds that a thing of a kind referred to in section 27(1) or (2) is concealed in the person’s mouth or hair, require the person—
(a) to open his or her mouth to enable it to be searched, or
(b) to shake, or otherwise move, his or her hair.
(2) Subsection (1) does not authorise a police officer to forcibly open a person’s mouth.
(3) A person must not, without reasonable excuse, fail or refuse to comply with a requirement made by a police officer in accordance with this section.
Maximum penalty—5 penalty units.

45
Q

LEPRA, Section 28A, allows you to do what type of search? and under what conditions?

A

28A Power to carry out search of person in lawful custody after arrest
(1) A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search.
(2) Any such search may be carried out at a police station or other place of detention or immediately before or during transportation of the person to or from a police station or other place of detention.
NOTE: Don’t need reasonable suspicion of this! Could’ve grabbed anything from getting into the truck to the station and at the police station.

46
Q

LEPRA, Section 36, allows you to do what type of search? and under what conditions?

A

(1) A police officer may, without a warrant, stop, search and detain a vehicle if the police officer suspects on reasonable grounds that any of the following circumstances exists—
(a) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, anything stolen or otherwise unlawfully obtained,
(b) the vehicle is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
(c) the vehicle contains anything used or intended to be used in or in connection with the commission of a relevant offence,
(d) the vehicle is in a public place or school and contains a dangerous article that is being, or was, or may have been, used in or in connection with the commission of a relevant offence,
(e) the vehicle contains, or a person in the vehicle has in his or her possession or under his or her control, a prohibited plant or prohibited drug in contravention of the Drug Misuse and Trafficking Act 1985,
(f) circumstances exist on or in the vicinity of a public place or school that are likely to give rise to a serious risk to public safety and that the exercise of the powers may lessen the risk.

47
Q

What Section of LEPRA, outlines how to do a general search?

A

LEPRA, Section 30: GENERAL SEARCH
In conducting the search of a person, a police officer may—
(a) quickly run his or her hands over the person’s outer clothing, and
(b) require the person to remove his or her coat or jacket or similar article of clothing and any gloves, shoes, socks and hat (but not, except in the case of a strip search, all of the person’s clothes), and
(c) examine anything in the possession of the person, and
(d) pass an electronic metal detection device over or in close proximity to the person’s outer clothing or anything removed from the person, and
(e) do any other thing authorised by this Act for the purposes of the search.

48
Q

What Section of LEPRA outlines when you’d do a strip search?

A

31 Strip searches
A police officer may carry out a strip search of a person if—
(a) in the case where the search is carried out at a police station or other place of detention—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search, or
(b) in the case where the search is carried out in any other place—the police officer suspects on reasonable grounds that the strip search is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make the strip search necessary.

49
Q

LEPRA Section 32, entails what?

A

32 Preservation of privacy and dignity during search

(1) A police officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this section.
(2) The police officer must inform the person to be searched of the following matters—
(a) whether the person will be required to remove clothing during the search,
(b) why it is necessary to remove the clothing.
(3) The police officer must ask for the person’s co-operation.
(4) The police officer must conduct the search—
(a) in a way that provides reasonable privacy for the person searched, and
(b) as quickly as is reasonably practicable.
(5) The police officer must conduct the least invasive kind of search practicable in the circumstances.
(6) The police officer must not search the genital area of the person searched, or in the case of female or a transgender person who identifies as a female, the person’s breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.
(7) A search must be conducted by a police officer of the same sex as the person searched.

50
Q

LEPRA Section 33, entails what?

A

33 Rules for conduct of strip searches

(1) A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—
(a) the strip search must be conducted in a private area,
(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
(c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.
(2) A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present. Subsection (1)(b) does not prevent any such person who is of the opposite sex to the person being searched from being present during the search.
(3) A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted—
(a) in the presence of a parent or guardian of the person being searched, or
(b) if that is not acceptable to the person, in the presence of another person who is not a police officer and who is capable of representing the interests of the person being searched and whose presence is acceptable to that person.

51
Q

Can you Strip search a child under 10 years of age?

A

LEPRA 34 No strip searches of children under 10 years

52
Q

The aim of a CIN (IMPORTANT)

A
  • To provide an alternative legal process to arrest
  • to allow police to deal with suspects ‘on the spot’
  • to free up police from spending time at the station doing paperwork
  • to reduce police attending court for minor matters.
53
Q

Who can be issued with a CIN? (IMPORTANT)

A
  • A CIN can only be issued to an adult whose identity has been confirmed
  • A maximum of four CINs can be issued at one time and only for prescribed offences
54
Q

When can a Drug Criminal Infringement Notice be issues?

A
  • Drug CINS can only be issued at or in the vicinity of an eligible music festival.
  • The Region Operations Manager will assess the event against certain criteria to determine if the event is defined as an eligible music festival.
55
Q

Crimes Act 1900 (NSW), Section 527C entails what? (IMPORTANT TO KNOW)

A

527C Persons unlawfully in possession of property

(1) Any person who—
(a) has any thing in his or her custody,
(b) has any thing in the custody of another person,
(c) has any thing in or on premises, whether belonging to or occupied by himself or herself or not, or whether that thing is there for his or her own use or the use of another, or
(d) gives custody of any thing to a person who is not lawfully entitled to possession of the thing,

56
Q

What are the 7 deadly CIN’S

A

GOOOCLE
G- Goods in custody.
O- Offensive language. (Summary offence S.4 A(1)
O- Offensive conduct. (Summary offence S.4 (1)
O- Obstruction of traffic/pedestrians. (Summary offence S.6)
C- Continuation of offence. (Summary offence S.9)
L- Larceny

57
Q

When can you not give an FCAN?

A
  • When strictly indictable and domestic violence offences are committed.
  • For offences involving juveniles, except traffic offences when the juvenile is of licensable age.
  • When suspects are under the influence of a drug or alcohol.
  • When the offender has outstanding warrants (must be returned to a station for a warrant to be executed).
58
Q

When would you use an FSCAN?

A
  • If you detect an offender committing an offence and you determine arrest is not appropriate or discontinue an arrest.
  • If a FCAN cannot be issued at the time of the offence, or if the FCAN book is unavailable.
  • The court date can be no less than 6 weeks and not more than 22 weeks in the future from the time the FSCAN was created
  • If the accused is unable to be located, the FSCAN will sit in the system as a Wanted CAN so other police know that s/he is wanted for this offence and cannot be located.
  • Should the offender be unable to be located, and police believe there is a more appropriate method of service, police can apply to the court for substituted service, that is, by fax, mail or email – indictable offences only.
  • Remember the 22 week time limit. If the accused has not been served, police need to apply to the court for an arrest warrant.

MODULES 10-13 (9 decks)

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