Module 3 - GENERAL DUTIES IN POLICING 1 Flashcards
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?
6 hours
The role of the coroner is to investigate and make findings about sudden, violent, suspicious, or unnatural deaths. What act defines coronial proceedings?
Coronas Act 2009 (NSW)
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?
True
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?
The Duty Operations Inspector (DOI)
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?
Protection of the Environment Operations Act 1997 (NSW)
LEPRA; Part 15 safeguards, Section 202, IPE stands for?
• Inform
• Provide
• Evidence
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)
True
Arrest is where an officer plainly coveys by words or actions that a suspect is not free to leave. What does this entail?
Effective from the moment a person is not free to come and go as they please
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?
True
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?
Discretion
What is not considered an excessive use of force?
Using such force as is reasonably necessary to exercise a function under LEPRA
Name the Act and Section that allows NSW Police, in the execution of their duties, the use of force when making an arrest?
LEPRA Act 2002, Section 231
Alternatives to arrest can include; no action, warning, Fixed Penalty Notice. What other options are available?
Future Service CAN
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?
Reasonable
‘Negligence’ means a failure to exercise reasonable care and skill. What Act supports this?
Civil Liability Act 2002 (NSW)
What are the four roles’ police naturally assume in conflict management?
• 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
How long does a noise abatement remain in force?
28 days
What is a p79A Form?
A Form completed by a Police Officer with information regarding the offence and submitted to the coroner
What is Empathy and Sympathy?
Empathy – Walking in someone else’s shoes
Sympathy – Adopting another person’s feelings and emotions as your own
Where do police get the authority to carry their arms and appointments from?
Common Law
What are the four ANZPAA key principles?
• Purpose
• Definition
• Key principles
• Understanding principles
What are the four key principles in ANZPAA
• Reasonable
• Necessary
• Proportionate
• Appropriate
24) What is S99(1)(A), (1)(B) and (3)
• (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
What happens when we cannot satisfy S99 (1)(a) and (1)(b)? Alternatives to arrest are:
• 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
What is S105?
Arrest may be discontinued
What is Duty of Care as a police officer
Taking all REASONABLE steps to avoid acts or omissions which could be REASONABLY FORESEEN to harm a person/s
Negligence occurs when an action was or was not undertaken, and the risk of this was:
• Foreseen
• Not insignificant, and
• In the circumstances, a reasonable person in that person’s position would have taken those precautions
Vulnerable people are?
• 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
What do you think ‘reasonably foreseen’ means?
Something likely to happen
What is omission?
We see and do not act
Does part 9 of LEPRA – Right to a person apply to adults and children?
Yes
What is form 31?
For a detained (arrested) person
What is form 32?
• For a protected suspect
• Filled out by custody manager and read to understand their rights while in police custody
What is LEPRA Section 115
Investigation period
How long can you hold someone in the investigation period for?
• 6 hours
• An extra 6 hours by a detention warrant
• You can only do this once
What is a time out during an investigation period?
Certain times to be disregarded in calculating investigation period
