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Bullring 2024 > **OLD** Police Powers > Flashcards

**OLD** Police Powers Flashcards

1
Q

What are the Part 8 Powers Relating to Arrest, under Section 99(1) of LEPRA?

A

S. 99 (1) – Power to arrest without a warrant

FINECHAPS

  • Police officer may, without a warrant, arrest a person if they suspect on reasonable grounds that the person is/has committed an offences AND
  • Arrest is reasonably necessary for one or more of the following reasons:

F- Stop the person fleeing from police or location of offence I - Establish ID if cannot be established or false ID provided N - Nature and Seriousness of offence
E - Preserve evidence or prevent fabrication of evidence
C - Stop the person committing or repeating further offences
H- Prevent harassment or interference of any person who may give evidence
A - Ensure Appearance at court
P - Obtain property in possession of person connected to the offence
S - To protect the safety or any person including the accused

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2
Q

What is section 99 of LEPRA (2-6)

A

2) PO may arrest if directed by another PO

3) Must take person under arrest before authorised officer as soon as reasonably practical

4) An arrested person may be detained under Part 9 to investigate whether the person committed the offence

5) Doesn’t authorise arrest for the offence person has already been tried for

6) For purpose of section, property is connected with an offence within meaning of part 5

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3
Q

What is the power to enter to arrest or detain someone or execute warrant?

A

S. 10 LEPRA
* Power to enter to arrest or detain a someone with a warrant

  • May enter and stay for reasonable time
  • If they suspect on reasonable grounds the person is in the dwelling
  • May search the premises for the person
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4
Q

What can you tell me about the power of a Police Officer to require a person to provide their identity generally, as outlined in Section 11 of LEPRA?

A

S. 11 LEPRA

  • A police officer may require a person whose identity is unknown to the officer to disclose his/her identity if the officer suspects on reasonable grounds the person may be able to assist in the investigation of an indictable offence because the person was at or near where it occurred.
  • If to give a direction to the person in accordance with Part 14 for the person to leave a place
  • Part 15 safeguards apply
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5
Q

What can you tell me about the power of a Police Officer to require a person to provide their identity in relation to persons in vehicles as outlined in Section 14 of LEPRA?

A

1) Vehicle is being/was/may have been used in connection with indictable offence

a) Require driver to disclose their identity or a passengers

b) Require a passenger to disclose their identity or identity of driver

c) Require any owner of the vehicle, (whether or not the driver or passenger) to disclose the identity of driver or any passenger

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6
Q

What is section 100 of LERPA?

A

Power of other persons to arrest w/o warrant

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7
Q

What is section 101 of LERPA?

A

Power to arrest WITH warrant

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8
Q

What is section 103 of LERPA?

A

Warrant for arrest of person unlawfully at large

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9
Q

What is section 102 of LERPA?

A

Power to arrest persons unlawfully at large

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10
Q

What is section 104 of LERPA?

A

Power to arrest for interstate offences

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11
Q

What is section 104A of LERPA?

A

Arrest by commander of Aircraft

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12
Q

What is section 105 of LERPA?

A

Arrest may be discontinued

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13
Q

What is section 106 of LERPA?

A

Persons helping in covert operations

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14
Q

Where do you get the power to detain the person after arrest?

A

S. 114 LEPRA
Allows person to be detained for purpose of investigation

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15
Q

What section of LEPRA gives the investigation period?

A

S. 115 LEPRA

Investigation period begins when person is arrested. Ends at a time reasonable regarding the circumstances but does not exceed max investigation time of 6 hours.

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16
Q

What circumstances are taken into account when determining a reasonable time for investigation period?

A
17
Q

How long is investigation period and how long can detention warrant extend investigation?

A

6 hours

A detention warrant can extend it for up to 6 hours

18
Q

What section of LEPRA defines the Time Outs to the investigation period?

A

S. 117 LEPRA

  • Conveying POI
  • Waiting for arrival of police
  • Waiting for interview equipment
  • Allowing POI to speak with lawyer
  • Waiting for support person, friend etc.
  • Medical attention
  • Interpreters
  • ID Parade
  • Rest, refreshments, toilet etc
  • Recover from intox/drugs
  • Application for detention/Search/CS warrants
  • Charging procedures
  • Forensic Procedures
  • Breath Test
19
Q

What is a protected suspect?

A

A person in the company of a police officer for the purpose of participating in an investigative procedure in connection with the offence if:

  • Person has been informed they’re entitled to leave at any time
  • Police officer believes there is sufficient evidence they committed the offence
20
Q

What is a vulnerable person?

A
  • Children
  • Impaired intellectual functioning
  • Impaired physical functioning
  • Aboriginal Torres strait islander (ATSI)
  • None English Speaking Background (NESB)
21
Q

What section of LEPRA gives the power to search persons and seize/detain things without a warrant?

A

S. 21 LEPRA

SUDD

  • PO may, without a warrant, stop, search and detain a person, if PO suspects on reasonable grounds a person has in their possession or under their control anything:
    S – Stolen or unlawfully obtained
    U – Used or intended to be used in connection with or to commit a relevant offence
    D – Dangerous article being/was used in connection with relevant offence
    D – Prohibited drugor plant
22
Q

What are ‘relevant offences’ for purposes of
search powers?

A

a) Indictable offences

b) Offence against 93fb crimes act (dangerous articles)

c) Offence against Weapons Prohibition Act or Firearms Act

23
Q

Power to search persons for dangerous implements without warrant in public place or school?

A

S. 23 LEPRA

  • A police officer may, without a warrant, stop, search and detain a person who is in a public place or school and anything in the possession of the person if the officer suspects on reasonable grounds the person has a dangerous implement unlawfully in their possession or control
24
Q

What section of LEPRA gives the power to search vehicles? Explain section?

A

S. 36 LEPRA – Power to search vehicles and seize things w/o warrant

1) PO may, without a warrant, stop, search and detain a vehicle if suspects on reasonable grounds:
a) Vehicle or person in vehicle contains stolen/unlawfully obtained property
b) Vehicle is being/was used in connection with relevant offence
c) Vehicle contains anything used in connection with relevant offence
d) Vehicle in public place and contains dangerous article in connection with relevant offence
e) Prohibited drug or plant
f) Circumstances exist on or in vicinity of a public place or school that are likely to give rise to serious risk to public safety and that the exercise of the powers may lessen the rise

25
Q

What is the case law for reasonable suspicion?

A

R V RONDO – Reasonable suspicion

Streat V Bauer/Blanco – 2 x tests, reasonable person, vehicle search

Reasonable suspicion involves less that reasonable belief but more than possibility. Must be something which
would create in the mind of a reasonable person an apprehension or fear.
- Some factual basis for suspicion must be shown
- More than just wondering

26
Q

What is the case law from Streat V Bauer & Blanco?

A

There must be a factual basis for your suspicion. Not whether you actually have the suspicion, but whether a reasonable person, possessing only the knowledge or information that’s available to you at the time would hold that suspicion.

  • Defendants pulled over in car, searched and charged for hindering police.
  • Police relief on time/place, 3 men in car, police radio saying ‘suspect vehicle’ may be involved in offences.
    Defendants objected to the search
  • Magistrate found no reasonable suspicion
27
Q

Streat V Bauer & Blanco Findings?

A
  • Police must form a genuine suspicion in their own mind (subjective test)** of which a reasonable person armed with that same information would have come to that same suspicion (objective test)
  • There must be some factual basis upon which the suspicion is formed. Cannot be merely
    speculative
  • A reasonable suspicion involves less than reasonable belief but more than a possibility
28
Q

What is R V RONDO?

A
  • Police notice two people driving damaged sports car. Observed driver put something in glovebox. Driver says car belongs to his mother.
  • The vehicle was stopped for no greater reason than police becoming aware the person driving the vehicle was not the registered owner. Such a stopping was unlawful because there were no reasonable grounds in the answer given by the driver which is what was solely relied upon.
29
Q

What is Azar V DPP?

A
  • Police observed a vehicle on Oxford St with a male alone in the driver seat with a device on his lap, using a
    mobile phone
  • Followed to King St Wharf, a known drug location, and observed another male get in and leave a short time later.
  • Suspected drug deal. Searched car and located cocaine and $3900.
  • Magistrate relied on grounds officers had given evidence about (device on lap) which they did not use for
    reasonable grounds
  • On appeal HELD:
  • Weight given to practical experience of police informing suspicion
  • Court can take factors into account, despite police not relying on them for suspicion
30
Q

What section of LEPRA is the power to enter in emergencies?

A

S. 9 LEPRA
Power to enter in emergencies

1) PO may enter a premises if they believe on reasonable grounds:
a) Breach of peace is being/likely to be committed and is necessary to enter to prevent/end
b) Person has suffered significant physical injury/imminent danger of significant physical injury and it is necessary to prevent
c) Body of a person who has died, other than as a result of an offence, is on the premises and there is no occupier to consent to entry

1A) Before entering, PO of/above rank of Inspector must approve

2) Once entered, PO to remain only as long as reasonably necessary in circumstances

31
Q

```

SCENARIO

It is 3am and you are patrolling industrial park area of your LAC. You observe a van driving down the roadway a short distance. You can only see the driver in the vehicle. Upon seeing police, the driver immediately slows down to around 10kn below speed limit.

Police conduct a vehicle check of the van. Radio confirms that the vehicle is currently registered. There is one previous COPS entry that is three years old indicating that the vehicle was used in a ram raid in the city.

Ignoring specific legal issues, prima facie, what are your LEPRA powers that may allow you to stop detain and search the vehicle AND why this power is relevant?

A

Section 36 Lepra allows police to stop, search and detain a vehicle without a warrant if the officer suspects on reasonable grounds that the vehicle or occupants are connected with the commission of a relevant offence.

  • Relevance:
  • No warrant
  • Identify offence
32
Q

Assuming police acted only on the information provided, what issues may arise concerning a vehicle stop?

A

On the basis of Streat V Bauer/Blanco, to conduct a lawful vehicle stop police need to have formed a genuine suspicion. There must be a factual basis for your suspicion of which a reasonable persons who has access to that same information would have the same suspicion.

  • No relevant intel
  • No offences detected
  • No suspicious circumstances
33
Q

You are the only person in the Detectives’ Office and the Custody Manager is not available at this present time. Police arrest a person whom they believe to may have acted in concert with others to commit a serious crime against a third party. As you know when a person is in custody there are certain obligations to be met with respect to that person’s custody. Those rights may be delayed in certain circumstances.

Outline circumstances when the rights may be delayed?

A

S. 125 LEPRA

  • Custody manager may delay rights under Part 9 if they reasonably suspect it will lead to:
  • An accomplice will avoid arrest
  • Evidence will be concealed, fabricated, destroyed, lost or witness tampered with
  • Recovery of person or property will be hindered
  • Bodily injury will be caused to another person

CAN ONLY DELAY AS LONG AS REASONABLY NECESSARY. CANNOT DELAY LEGAL ADVICE

34
Q

What are the exceptions to the hearsay rules?

A

F – First hand hearsay when original maker not available
A – Admissions of guilt
T – Tags and labels
B – Business records
I – Identification of person, place or thing
T – Telecommunication records
C – Contemporaneous statements regarding health and wellbeing
H – Hearsay for non-hearsay purpose (not to establish its truth, but as evidence that the statement was made)

Bullring 2024 (33 decks)

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