Module 3 - GENERAL DUTIES IN POLICING 1

Question 1

The investigation period begins when a person is arrested and ends at a reasonable time and should not exceed the maximum investigation period. How long is the maximum investigation period?

Answer 1

6 hours

Question 2

The role of the coroner is to investigate and make findings about sudden, violent, suspicious, or unnatural deaths. What act defines coronial proceedings?

Answer 2

Coronas Act 2009 (NSW)

Question 3

Arrest for an offence, virtue of a warrant, a breach of the peace or a specific power other than LEPRA 2002 (NSW) are the four general reasons to arrest?

Answer 3

True

Question 4

When you discharge your firearm (except during approved weapons training situations) who must you immediately notify, at your nearest Police Area Command/Police Area District?

Answer 4

The Duty Operations Inspector (DOI)

Question 5

When attending a noise complaint, you must take some course of action to assist in the regards of ceasing the noise. What is the relevant legislation you use when dealing with noise complaint?

Answer 5

Protection of the Environment Operations Act 1997 (NSW)

Question 6

LEPRA; Part 15 safeguards, Section 202, IPE stands for?

Answer 6

• Inform
• Provide
• Evidence

Question 7

Using appropriate discretions allows you to better fulfill your role, functions and duties by complying with The Oath of Office (OOO), statement of Values (SoV) and the Code of Conduct and Ethics (CCE)

Answer 7

True

Question 8

Arrest is where an officer plainly coveys by words or actions that a suspect is not free to leave. What does this entail?

Answer 8

Effective from the moment a person is not free to come and go as they please

Question 9

To have a person in custody means that they are in the care and control of police, at a police station or another place of detention?

Answer 9

True

Question 10

As a police officer, when you take into account relevant facts, base your decision on rationality and act in good faith, what are you applying?

Answer 10

Discretion

Question 11

What is not considered an excessive use of force?

Answer 11

Using such force as is reasonably necessary to exercise a function under LEPRA

Question 12

Name the Act and Section that allows NSW Police, in the execution of their duties, the use of force when making an arrest?

Answer 12

LEPRA Act 2002, Section 231

Question 13

Alternatives to arrest can include; no action, warning, Fixed Penalty Notice. What other options are available?

Answer 13

Future Service CAN

Question 14

You may use your baton if in danger or being overpowered or to protect yourself and others from injury. However, the force used must always be?

Answer 14

Reasonable

Question 15

‘Negligence’ means a failure to exercise reasonable care and skill. What Act supports this?

Answer 15

Civil Liability Act 2002 (NSW)

Question 16

What are the four roles’ police naturally assume in conflict management?

Answer 16

• Mediator – Acts as third party
• Negotiator – Acts suited to their own parties ends
• Facilitator – A person who has up-to-date knowledge that can assist conflicting parties
• Law Enforcer – invoking a law to determine the outcome

Question 17

How long does a noise abatement remain in force?

Answer 17

28 days

Question 18

What is a p79A Form?

Answer 18

A Form completed by a Police Officer with information regarding the offence and submitted to the coroner

Question 19

What is Empathy and Sympathy?

Answer 19

Empathy – Walking in someone else’s shoes
Sympathy – Adopting another person’s feelings and emotions as your own

Question 20

Where do police get the authority to carry their arms and appointments from?

Answer 20

Common Law

Question 21

What are the four ANZPAA key principles?

Answer 21

• Purpose
• Definition
• Key principles
• Understanding principles

Question 22

What are the four key principles in ANZPAA

Answer 22

• Reasonable
• Necessary
• Proportionate
• Appropriate

Question 23

24) What is S99(1)(A), (1)(B) and (3)

Answer 23

• (1)(A) – Don’t have to arrest, reasonable suspicion, is or has committed an offence
• (1)(B) – Committed one or more of these 9 reasons to arrest
• (3) – Charge before the court

Question 24

What happens when we cannot satisfy S99 (1)(a) and (1)(b)? Alternatives to arrest are:

Answer 24

• No action
• Warning
• Penalty notice – must meet CIN Criteria
• Field court attendance notice (FCAN)
• Future service court attendance notice (FSCAN)
i. For adult offenders only

Question 25

What is S105?

Answer 25

Arrest may be discontinued

Question 26

What is Duty of Care as a police officer

Answer 26

Taking all REASONABLE steps to avoid acts or omissions which could be REASONABLY FORESEEN to harm a person/s

Question 27

Negligence occurs when an action was or was not undertaken, and the risk of this was:

Answer 27

• Foreseen
• Not insignificant, and
• In the circumstances, a reasonable person in that person’s position would have taken those precautions

Question 28

Vulnerable people are?

Answer 28

• Children
• Persons who have impaired intellectual functioning
• Persons who have impaired physical functioning
• Persons who are Aboriginal persons or Torres Strait Islanders
• Persons who are of non-English speaking background

Question 29

What do you think ‘reasonably foreseen’ means?

Answer 29

Something likely to happen

Question 30

What is omission?

Answer 30

We see and do not act

Question 31

Does part 9 of LEPRA – Right to a person apply to adults and children?

Answer 31

Yes

Question 32

What is form 31?

Answer 32

For a detained (arrested) person

Question 33

What is form 32?

Answer 33

• For a protected suspect
• Filled out by custody manager and read to understand their rights while in police custody

Question 34

What is LEPRA Section 115

Answer 34

Investigation period

Question 35

How long can you hold someone in the investigation period for?

Answer 35

• 6 hours
• An extra 6 hours by a detention warrant
• You can only do this once

Question 36

What is a time out during an investigation period?

Answer 36

Certain times to be disregarded in calculating investigation period