Offences, powers, definitions, procedures Flashcards

1
Q

What are the elements of Wilful Damage

A

(a) Intentionally, Damages, Property

(b) Intentionally, Sets fire to, Any tree or vegetation

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2
Q

What are the elements of Graffiti, Vandalism, Tagging etc.

A

Damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, etching on it, or otherwise marking it

Without lawful authority, and

Without the consent of the occupier or owner or other person in lawful control

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3
Q

What are the elements of Possession of Graffiti Implements

A

Without reasonable excuse

He or she has in their possession a thing capable of being used to commit an offence against Section 11A

In the circumstances where it can be reasonably inferred that he or she intends to use it to commit such an offence

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4
Q

What are the defenses of Sale of spray cans to people under 18

A

Sold by an educational institution to its students to enable them to complete course work

Where an age document has been presented and the defendant believed on reasonable grounds that the document was an age document, related to the buyer and showed that the buyer was over 18

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5
Q

What is the method of storing spray cans in a shop

A

Spray cans must be stored in such a way that members of the public cannot access them without the assistance of a retailer or occupier of that shop

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6
Q

What are the elements of Assault

A

Assaults

Another person

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7
Q

What is the definition of Assault

A

The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly
OR
Threatening by any act or gesture to apply such a force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose

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8
Q

What is the definition of Intentionally

A

A deliberate or reckless act (where the possible consequences are foreseen but the act is continued regardless of the risk) without lawful justification, excuse or claim of right

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9
Q

What is the definition of damages

A

A temporary or permanent reduction in the value and/ or usefulness of the property

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10
Q

What is the definition of property

A

Something belongs to another person and is capable of being damaged

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11
Q

What sections allow you to use force

A
Crimes Act 1961: 
Section 39 (arrest)
Section 40 (prevent escape or rescue)
Section 41 (prevent suicide)
Section 42 (to stop breach of peace)
Section 48 (self-defense or defense of another)
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12
Q

What actions should you take en route to the scene

A
  • Obtain description of suspect, vehicle, direction of -travel, any weapons
  • Discuss areas of responsibility with your partner
  • Plan your approach to the scene
  • Establish a Safe Forward Point (SFP)
  • Consider options
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13
Q

What actions should you take on arrival

A
  • Update Comms
  • Park in a safe, clear area
  • Discuss approach to scene
  • Note what, who, where
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14
Q

Explain control, freeze, preserve

A

Control: all movement to and from the scene, and all movement in the contained area

Freeze: keep the scene in its original state, nothing is to be touched or moved

Preserve: all relevant exhibits

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15
Q

What are the duties of a Scene Guard

A
  • Prevent unauthorised people entering the scene
  • Record details of anyone entering the scene
  • Brief authorised people
  • Report and record suspicious activity
  • Avoid contaminating/interfering with scene
  • Be aware of animals and remove them from the scene
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16
Q

What are your powers of arrest under Sections 315(2)(a), 315(2)(b), 39(1), and 39(2)

A
  • 315(2)(a): any person you find disturbing the peace or committing an imprisonable offence
  • 315(2)(b): any person you suspect has committed a breach of the peace or an imprisonable offence
  • 39(1): any person you suspect has committed an offence against this Act, except sections 17-20, 25, 32-38
  • 39(2): any person who, within your view, commits an offence against sections 17-20, 25, 32-38 and fails to give their name and address of gives false details
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17
Q

What are the Bill of Rights Act 1990 Sections 21-24

A
  • 21: Every person secure against unreasonable search and seizure of their person, property or correspondence
  • 22: everyone is protected from arbitrary or random arrest or detainment
  • 23: people arrested or detained under any enactment have rights and must be informed of those rights
  • 24: people charged with an offence have certain rights and must be informed of those rights
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18
Q

What are the Victims Rights Act 2002 Sections 7,8,11,12,51

A
  • 7: victims dealt with courtesy, compassion, respect for their personal dignity and privacy
  • 8: victims should have access to welfare, health, counselling, medical and legal services
  • 11: victims should be informed of the services available at the earliest opportunity
  • 12: prosecuting authority should keep victims informed of the progress of the investigation
  • 51: a person’s property held for evidence should be returned as soon as it is no longer required
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19
Q

What are the elements of fighting in a public place

A

Fights

In a public place

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20
Q

What are the definitions of fights and a public place

A
  • Fights: punching, striking, mauling, wrestling etc between two or more willing participants
  • Public place: a place that, at any material time, is open to or being used by the public, whether free or on payment of a charge, and whether any owner or occupier is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a private vehicle in a public place
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21
Q

What are the elements of disorderly behaviour likely to cause violence

A

In a public place or within view of a public place

Behaves in or incites or encourages any person to behave in

A riotous, offensive, threatening, insulting, or disorderly manner

That is likely, in the circumstances, to cause violence against persons or property to start or continue

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22
Q

What are the elements of offensive or disorderly behaviour

A

In a public place or within view of a public place

Behaves in an offensive or disorderly manner

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23
Q

What are the elements of disorderly assembly

A

An assembly of three or more persons

In any public place

Assemble or conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds

That those assembled will

Use violence on persons or property
OR
Commit an offence against section 3 of this Act

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24
Q

What are the elements of excreting in a public place and what is a defense

A

Urinates or defecates

In any public place

Defense: if they believed on reasonable grounds that they would not be seen

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25
Q

What are the elements of resisting police and obstruction

A

Resists or obstructs
OR
Incites or encourages any person to resist or obstruct

Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

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26
Q

What do resist and obstruct mean

A

Resist: uses some degree of force

Obstructs: intentionally makes it more difficult for somebody to carry out their duties

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27
Q

What are the elements of trespass after warning to leave

A

Trespasses

On any place

After being warned to leave that place by an occupier of that place

Neglects or refuses to do so

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28
Q

What are the legal defenses of trespassing

A

Their own protection

The protection of somebody else

An emergency involving their property or the property of some other person

The person who issued the trespass no longer occupies that place

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29
Q

Where does your power to use force to remove a trespasser come from

A

Section 56 of the Crimes Act 1961 allows you to use reasonable force to remove a person that is trespassing or to prevent a person from trespassing, you must not strike or do bodily harm

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30
Q

What are the elements of trespass after previous warnings

A

Being a person who has been warned under Section 4 to stay off any place

Wilfully trespasses on that place

Within two years

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31
Q

What powers does Section 9 of the Trespass Act 1980 give you

A

Section 9 gives you the power to demand details, such as:

  • Name, address, and firearms licence number if they are in possession of a firearm
  • If they fail or refuse to give these details they may be cautioned
  • If they persist to fail or refuse, you may arrest without warrant
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32
Q

What are the elements of Being found on a property without reasonable excuse

A

Found

Without reasonable excuse

In OR On

Any building, aircraft, hovercraft, ship, ferry or other vessel, train, or vehicle

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33
Q

What are the elements of Being found on a property without reasonable excuse (enclosed yard or area)

A

Found

Without reasonable excuse

In

Any enclosed yard or other such area

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34
Q

What are the elements of Theft (taking)

A

Dishonestly

Without claim of right

Takes

Any property

With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property

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35
Q

What are the elements of Theft (uses or deals)

A

Dishonestly

Without claim of right

Uses or deals with

Any property

With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property

After obtaining possession or control of that property in any manner

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36
Q

How can a person be an owner of a property

A

If they have:

  • possession or control of the property
  • any interest in the property
  • the right to take possession or control of the property
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37
Q

What must you include in a theft file

A

A reparation schedule as the value of the property has an effect on the penalty of the offence

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38
Q

What are the elements of Burglary

A

Enters

Any building or ship
OR
Any part of any building or ship

Without authority

And with the intent to commit an imprisonable offence in the building or ship

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39
Q

What is Artifice

A

Involves being “cunning, skilled, artful”, means using deception or trickery

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40
Q

What are the elements of Burglary (having entered)

A

Having entered

Any building or ship

Remains without authority

With the intent to commit an imprisonable offence in the building or ship

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41
Q

What are the elements of Aggravated burglary

A

While committing burglary

Has a weapon with him or her or uses anything as a weapon
OR
Having committed burglary

Has a weapon with him or her or uses anything as a weapon

While still in the building or ship
OR
Has a weapon with him or her with the intent to commit burglary

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42
Q

What are the elements of Possession of instruments for burglary

A

Without lawful authority or excuse

Has in his or her possession

Any instrument capable of being used for burglary

With intent to use it for such a purpose

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43
Q

What are the elements of Robbery

A

Theft

Accompanied by violence OR accompanied by threats of violence

To any person OR to any property

Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen

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44
Q

What are the elements of Aggravated robbery

A

A person robs any person and, at the time, before or after the robbery, cause grievous bodily harm
OR
Being together with any other person or persons, robs any person
OR
A person armed with an offensive weapon or instrument, robs any person

45
Q

What are the elements of Assault with intent to rob

A

Where any person assaults another person

With the intention to rob them

46
Q

What are the elements of Receiving

A

Receives

Any property stolen OR any property obtained by any other imprisonable offence

Knowing that property to be stolen or so obtained OR being reckless as to whether the property had been stolen or so obtained

47
Q

When is Receiving not possible

A

If property dishonestly obtained is effectively under the control of the owner or the police

If someone converts property, or uses fraudulent means to obtain property from another, any person that is given this property cannot be charged with receiving

48
Q

What are the elements of Conversion of Vehicle (Unlawful takes or uses vehicle)

A

Dishonestly

Without claim of right

But not so as to be guilty of theft

Takes or uses

For any person’s purpose

Any vehicle, ship or aircraft, or any part of any vehicle, ship or aircraft, or any horse

49
Q

What are the elements of Unlawful interferes with vehicle

A

Dishonestly

Without claim of right

Interferes with

Any vehicle, ship or aircraft

50
Q

What are the elements of Dishonestly gets into or upon

A

Dishonestly

Without claim of right

Gets into or upon

Any vehicle, ship or aircraft

51
Q

What are the elements of Possession of instruments

A

Without lawful authority or excuse

Has in his or her possession

Any instrument capable of being used for taking or converting

Any vehicle, ship or aircraft

With intent to use for such a purpose

52
Q

What do Sections 125, 131 and 169 of the Search and Surveillance Act 2012 require you to do

A

s125 Searching people:

  • Name or QID
  • Act
  • Reason
  • Inventory of seized items

s131 Searching places or vehicles:

  • Name or QID
  • State your intention to search the place or vehicle under the S&S Act 2012
  • Provide ID if not in uniform

s169 Reporting use of powers:
-You must report any warrantless power of entry, search or surveillance

53
Q

What do Sections 110 and 113 of the S&S Act state

A

s110: Power incidental to search of places and vehicles
s113: Power of person called to assist

54
Q

What do Sections 116, 118, 119 and 120 of the S&S Act 2012 state

A

s116: Secure a place, vehicle or other thing to be searched
s118: Powers of detention for a person you believe is related to a place or vehicle being searched
s119: Powers to search person at a place or vehicle
s120: Powers to pursue persons who flee

55
Q

What does Section 14 of the S&S Act 2012 allow you to do

A

s14: Warrantless entry to prevent offences or respond to risk to life or safety

56
Q

What do Sections 7, 8, 9 and 10 of the S&S Act 2012 state

A

s7: Entry without warrant to arrest person unlawfully at large
s8: Entry without warrant to avoid loss of offender or evidential material
s9: Stopping a vehicle to find persons unlawfully at large or who have committed an imprisonable offence
s10: Powers and duties of constable after vehicle stopped (such as demand details and search)

57
Q

What do Sections 121, 122, 128 and 129 of the S&S Act 2012 state

A

s121: stopping a vehicle with or without a warrant for the purposes of a search
s122: Moving a vehicle for the purpose of a search or safekeeping
s128: Duty to remain stopped (for as long as reasonably necessary)
s129: Duty to provide your information (NARI)

58
Q

What does Section 18 of the S&S Act 2012 allow you to do

A

s18: Warrantless searches associated with arms

59
Q

What do Sections 20, 21 and 22 of the S&S Act 2012 state

A

s20: Warrantless search of places and vehicles in relation to some MODA 1975 offences
s21: Warrantless searches of people found in or on places or vehicles
s22: Warrantless power to search for controlled drugs and precursor substances if offence suspected against MODA 1975

60
Q

What does s29 of the S&S Act 2012 allow you to do

A

s29: Power to search vehicles without warrant for stolen property

61
Q

What do Sections 15, 16 and 17 of the S&S Act 2012 state

A

s15: Entry without warrant to find and avoid loss of evidential material
s16: Searching people in public place without warrant for evidential material relating to certain offences
s17: Warrantless entry and search of a vehicle for evidential material relating to certain offences

62
Q

What do Sections 83 and 84 of the S&S Act 2012 allow you to do

A

s83: Warrantless entry and search of a place after arrest
s84: Warrantless entry and search of a vehicle after arrest

63
Q

What do Sections 112 and 123 of the S&S Act 2012 allow you to do

A

s112: Items of uncertain status may be seized
s123: Seizure of items in plain view

64
Q

What does Section 92 of the S&S Act 2012 allow you to do and when may you do it

A

s92: Consent search :
- To prevent commission of an offence
- To investigate whether an offence has been committed
- To protect life or property
- To prevent injury of harm

65
Q

What do Sections 85, 88 and 11 of the S&S Act 2012 allow you to do and when may you use them

A

s85: Rub-down search of arrested or detained persons for anything that may be used to cause harm or facilitate escape
s88: Warrantless search of arrested or detained persons if you believe they are carrying evidential material, or anything that may be used to cause harm or facilitate escape
s11: Warrantless search of people who are, or are to be, locked up in Police custody

66
Q

What does Section 114 of the Land Transport Act 1998 allow you to do

A

s114: Power to stop vehicles and demand details, you may arrest them if they fail to stop, refuse to give details or give false details

67
Q

What does Section 113 of the Land Transport Act 1998 allow you to do

A

s113: General powers of transport legislation enforcement:
- Direct a driver to supply details
- Inspect, test or examine the vehicle
- Move a vehicle obstructing traffic
- Direct a person to move their vehicle
- Forbid an unlicensed driver
- Forbid an unlicensed transport service operator
- Direct vehicles and pedestrians to stop or move in particular direction

68
Q

What does Section 116 of the Land Transport Act 1998 allow you to do

A

s116: Warrantless arrest of person that has failed to comply with direction given under s113 or s115 of the LTA 1998

69
Q

What does Section 115 of the LTA 1998 allow you to do

A

s115: Power to direct that a vehicle not be driven on the road:
- If you believe that it fails to comply with regulations or rules you may issue a POL 650 green sticker
- If you believe that it is not in a safe condition to be driven on a road you may issue a POL 555 pink sticker

70
Q

What does Section 117 of the LTA 1998 state

A

s117: Any moved vehicle must not be damaged and returned to the driver

71
Q

What does Section 118 of the LTA 1998 allow you to do

A

s118: Demand information of driver from owner or hirer within 14 days, or immediately if they fled a police pursuit

72
Q

What does Section 119 of the LTA 1998 allow you to do

A

s119: Powers of warrantless entry to carry out breath alcohol testing if in fresh pursuit, or to seize a vehicle if in fresh pursuit

73
Q

What does Section 121 of the LTA 1998 allow you to do

A

s121: Power to take keys and forbid driving:
- Forbid driving
- All keys to be surrendered
- Render vehicle immobile
- Move the vehicle
- EBA offenders forbidden to drive for 12 hours
- Direct that person to move to a specified place if over their driving hours limit

74
Q

What do Sections 122 and 123 of the LTA 1998 allow you to do

A

s122: Power to seize vehicle for 12 hours
s123: Power to seize vehicle for up to 7 days to preserve evidence, for scientific examination, to establish the cause of a serious traffic accident

75
Q

What does Section 90 of the LTA 1998 allow you to do

A

s90: Suspension of license of disqualification from driving if demerit points over 100

76
Q

What does Section 95 of the LTA 1998 allow you to do

A

s95: suspending licence for 28 days if:
- Breath alcohol over 650mcg per litre
- Blood alcohol over 130mg per 100mL
- Breath alcohol over 400mcg per litre and any conviction of relevant offence within last 4yrs
- Blood alcohol over 80mg per 100mL and any conviction of relevant offence within last 4yrs
- Failed or refused blood test
- Drove 40kmph over permanent speed limit
- Drove 50kmph over non-permanent speed limit

77
Q

What does Section 96 of the LTA 1998 allow you to do

A

s96: Power to seize vehicle for 28 days if:
- Disqualified driver
- Suspended or revoked driver
- Unlicensed
- Breath alcohol over 400mcg per litre and two convictions of relevant offences in last 4yrs
- Blood alcohol over 80mg per 100mL and two convictions of relevant offences in last 4yrs
- Failed or refused blood test and two convictions of relevant offences in last 4yrs

78
Q

What is the paramount principle of the Oranga Tamariki Act 1989

A

The welfare and interests of the child or young person shall be the first and paramount consideration

79
Q

Define a child and young person under the OT Act 1989

A

Child: under 14 years old

Young person: 14 to 17 years old under care and protection, 14 to 16 years old under youth justice

80
Q

When is a CYP in need of care and protection

A

Where:

  • The CYP is likely to be harmed, ill-treated, abused or serious deprived
  • Serious differences between CYP and caregivers
  • Caregivers unable or unwilling to care for CYP
  • Child over 10 is offending to such an extent there is serious concern for their wellbeing
81
Q

What does Section 42 of the OT Act 1989 allow you to do and when

A

s42: Search without warrant:
- If you believe it is critically necessary to avoid injury or death
- You may enter and search without a warrant
- Any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place
- Remove or detain the CYP
- And place them in the custody of the OT

82
Q

What does Section 39 of the OT Act 1989 allow you to do

A

s39: Place of safety warrant:
- If authorised by warrant
- You may enter and search
- Any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place
- If you believe the CYP has suffered or is likely to suffer
- Remove or detain them
- Place them in the custody of the OT

83
Q

What does Section 48 of the OT Act 1989 state

A

s48: Child or young person found unaccompanied:
- Where a CYP is found unaccompanied
- In a situation where their physical or mental health is being, or likely to be, impaired
- A constable may take the CYP
- And deliver them to their parent/guardian with their consent
- Or place them in the custody of the OT

84
Q

What are the elements of Section 10B of the Summary Offences Act 1981 Child left unaccompanied

A

Being a parent or guardian or person having the care of a child under the age of 14

Leaves that child

Without making provision for the reasonable supervision and care of the child

For a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances

85
Q

What does Section 214 of the OT Act 1989 state

A

s214: You may only arrest a child or young person to:
- Ensure their appearance in court
- Prevent further offending
- Prevent loss/destruction of evidence
- Prevent interference with witnesses

86
Q

What does Section 215 of the OT Act 1989 state

A

s215: you should inform a CYP of their rights:
- When you suspect they have committed an offence
- Before questioning if intended to obtain an admission
- When, during questioning, you begin to suspect they have committed an offence

87
Q

When are a CYP’s statement admissible in court

A

Under Sections 221-226 of the OT Act 1989 a CYP’s statement is only admissible in court if:

  • They have been read their rights/caution
  • They have been allowed to consult with a solicitor and/or nominated person
  • The statement is made in the presence of their solicitor and/or nominated person
  • With the exception of spontaneous statements
88
Q

What are the breath and blood levels under Section 56 and 57 of the Land Transport Act 1998 and what is Section 58

A

s56: Driving under the influence 20yrs and over:
- Over 400mcg per litre
- 251-400mcg per litre
- Over 80mg per 100mL
- 51-80mg per 100mL

s57: Driving under the influence under 20yrs:
- Over 150mcg per litre
- 150mcg per litre and under
- Over 30mg per 100mL
- 30mg per 100mL and under

s58: Drives/attempts to drive under the influence (if unable to complete EBA or CIT procedures)

89
Q

What are the five situations where you can require a person to undergo a breath screening test (BST)

A
  • Any driver
  • Any person attempting to driver
  • A person you suspect has committed an offence against the road safety provisions of the LTA 1998
  • Any driver involved in a motor accident
  • Where the driver is unknown, any passenger you suspect has been involved in a motor accident
90
Q

What must you say before conducting a breath screening test

A

“I require you to undergo a breath screening test without delay”

91
Q

When may you require somebody to accompany you for an EBA

A
  • Fails or refuses a BST
  • No BS device available
  • 20yrs and over and blows “OVER 400” or “250+ OVER”
  • Under 20yrs and blows “UNDER 250”, “250+ OVER” or “OVER 400”
92
Q

What must you say when you require somebody to accompany you

A

“I now require you to accompany me to the ______ Police Station for the purpose of an evidential breath test, blood test, or both”

93
Q

How long must you wait when they are considering a blood test

A

Law says 10 minutes, police policy gives them 12 minutes

94
Q

What do Sections 59, 60 and 120 of the LTA 1998 state

A

s59(1)(a): fails or refuses to remain

s59(1)(b): fails or refuses to accompany

s60(1)(a): fails or refuses to give blood when required by enforcement officer

s60(1)(b): fails or refuses to give blood when requested by medical practitioner

s120(1)(a): power of arrest

95
Q

What is the definition of a firearm

A

Anything from which any shot, bullet, missile or other projectile can be discharged by force of an explosive

96
Q

What is the definition of an airgun

A

Any weapon from which, by use of gas or compressed air, any shot, bullet, missile or other projectile can be discharged

97
Q

What is an imitation firearm

A

Anything that has the appearance of being a firearm

98
Q

What is the definition of a pistol

A

Any firearm that is designed or adapted to be held and fired with one hand and includes any firearm less than 762mm in length

99
Q

What is a restricted weapon

A

Any weapon declared restricted by the Governor-General

100
Q

What is the definition of an explosive

A

Any substance capable of exploding or producing a pyrotechnic effect

101
Q

What is the definition of a Military Style Semi-Automatic firearm (MSSA)

A

A semi-automatic firearm that also has at least one of the following:

  • folding or telescopic butt
  • bayonet lugs
  • flash supressor
  • free-standing pistol grip
  • a magazine capable of holding more than 15 .22 caliber cartridges or more than 7 cartridges of any other caliber
102
Q

What are the categories of firearms licences

A

A: full licence for the possession and use of conventional firearms

B: pistols, provided they are a member of a pistol club

C: collectors, restricted weapons, use of firearms in theatrical performances

D: firearms dealers

E: Military Style Semi-Automatic firearms

103
Q

What are the elements of Unlawful Carrying Section 45 of the Arms Act 1983

A

Except for some lawful proper and sufficient purpose

Carries OR is in possession of

Any firearm, airgun, pistol, restricted weapon or explosive

104
Q

What does Section 66 of the Arms Act 1983 state

A

s66: the occupier of any land or building, or the driver of any vehicle, can be deemed to be in possession of any firearm, airgun, pistol, restricted weapon or explosive found on or in their property or vehicle unless they can prove otherwise

105
Q

What are the elements of Unlawful Carries an Imitation Firearm Section 46 of the Arms Act 1983

A

Except for some lawful proper and sufficient purpose

Carries

An imitation firearm

106
Q

What are the elements of Discharging a firearm without reasonable cause Section 48 of the Arms Act 1983

A

Without reasonable cause

Discharges

A firearm, airgun, pistol or restricted weapon

In or near a dwellinghouse OR in or near a public place

So as to endanger property OR so as to endanger any person OR so as to annoy any person OR so as to frighten any person

107
Q

What are the elements of Presenting a firearm Section 52(1) of the Arms Act 1983

A

Except for some lawful and sufficient purpose

Presents

A firearm, airgun, pistol or restricted weapon

At any other person

108
Q

What are the elements of Presenting anything Section 52(2) of the Arms Act 1983

A

Except for some lawful and sufficient purpose

Presents

At any other person

Anything

In the circumstances, it is likely to lead that person to believe it is a

Firearm, airgun, pistol, or restricted weapon

109
Q

What does Section 40 of the Arms Act 1983 allow you to do

A

s40(1): Power to demand particulars if in possession of a firearm (name, address, DOB)

s40(2): Refusal to give details:

  • caution them
  • if they persist, you may arrest without warrant