Operational Flashcards
What should a Supervisor do if notified of a doubtful or mistaken arrest?
assess the circumstances of the arrest and if necessary:
- attend and apologise, explaining the situation to the arrested person
- take all necessary steps to appease the situation and offer reasonable assistance to help the arrested person
- treat any complaints as required
who can execute a warrant to arrest?
Any police member
Where there is a warrant to arrest, must you be in possession of the warrant to make an arrest?
No
A Warrant Management Record will be created in LEAP for each person that has unexecuted warrants. These are assigned to the originating work unit in the first instance.
What should a supervisor do when managing the LEAP WMR Module?
Assign an investigating member within their work unit to each WMR, allocate review dates and advise investigating members of theor obligations regarding investigations.
The Sherriff’s Office have arrested a person on a warrant and brought them to a police gaol. What must the custody supervisor do?
- Handle the prisoner as if being lodged by police
- Ensure the warrant has been correctly ‘backed up’ by the arresting Sherriff’s Officer
- complete the ‘warrrant section’ of the Sherrriffs Office Arrest/Gaoling Report as provided by the arresting officer
What is the form of the oath for an affidavit?
I (name) swear/promise by almighty God* that the contents of this affidavit are true and correct.
- the peson may name a God recognised by the person’s religion
What is the affirmation for the making of an affidavit?
I (name) do solemnly and sincerely affirm that the contents of this affidavit are true and correct.
When can the words “I promise to tell the truth” be used for the making of an affidavit?
In the case of a child or a peson with a cognitivve impairment
Must a religious text be used in the taking of an oath for an affidavit?
No. And the oath remains effective even if the person who made it does not hold a religious belief.
Which Victoria Police employees can witness an affidavit?
A member of or above the rank of Sergeant or who is in charge of a police station.
A VPS4 or above.
What are the requirements for witnessing an affidavit?
Must be in the same physical location as the person making the affidavit and within each others presence.
Must see the person sign the affidavit and hear them say the oath/affirmation
You must sign the affidavit and legibly write, print or stamp your name, address and status and ensure that the place and date the affidavit is sworn/affirmed is written or printed above the makers signature.
A member has incorrectly sworn or taken an affidavit. What must they do?
Immediately notify their Work Unit Manager. The Work Unit Manager will then assess the circumstances and seek advice from PSC and PFSU before taking any action.
Which people are empowered under the Bail Act as Bail Decision Makers?
a court
a bail justice
a police officer
a sherriff or person authorised under s.115 of the Fines Reform Act
What does the Bail Act define as an Aboriginal Person?
a person who -
a. is descended from an Aborigine or Torres Strait Islander; and
b. identifies as an Aborigine or Torres Strait Islander; and
c. is accepted as an Aborigine or torres Strait Islander by an Aboriginal or Torres Strait Island community.
When does a peson have a Terrorism Record as defined in s.3AAB of the Bail Act?
a person has a terrorism record if they have been convicted of a terrorism or foreign incursion offence, or is or has been subject to a terrorism related order.
What does s.3AAAA of the Bail Act define as a “Vulnerable Adult”?
a person of 18 years of age or more and has a cognitive, physical or mental impairment that causes the person to have difficulty with:
- understanding their rights; or
- making a decision; or
- communicating a decision
In accordance with the Bail Act, which police officers can make a decision to bail or remand a person accused of an offence?
A Sergeant or above, or a member who is in charge of a police station.
Does a charged person have a right to Bail?
an arrested person has a prima facie right to be granted bail unless a Bail Decision Maker is required to refuse bail by the Bail Act
The Bail Act recognises certain circumstances where the prima facie entitlement to bail does not apply. What are they?
Hint: There are 5
- there is an unacceptable risk if the person is released on bail
- the accused is charged with a Schedule 1 offence and cannot demonstrate exceptional circumstances
- the accused is charged with a Schedule 2 offence commited whilst on bail, summons, at large awaiting trial, on a CCO or Parole Order for any Schedule 1 or 2 offence and they cannot demonstrate exceptional circumstances
- the accused is charged with a Schedule 2 offence and cannot demonstrate compelling reasons
- the person has a terrorism record, or the court (as the bail decision maker) determines that there is a risk that the person will commit a terrorism or foreign incursion offence and they cannot demonstrate exceptional circumstances or compeeling reasons.
When must Police and Bail Justices NOT grant bail:
- a person is accused of treason
- a person is accused of murder
- a person who has a terrorism record (irrespective of the offence they are charged with)
- a person charged with a Schedule 1 offence, or to whom the exceptional circumstances test applies unless:
a. the accused is a child, a vulnerable adult or an Aboriginal Person; or
b. they are only in exceptional circumstances for an offence against the Bail Act, or conspiracry, incitement etc to commit an offence agaisnt the Bail Act - a person (other than a child, a vulnerable adult or Aboriginal person) who is who is charged with a Schedule 2 offence and who is already on two undertakings of bail for other indictable offences.
Waht are the grounds for refusing bail or adjourning the bail applciation in the first instance?
The bail decision maker may:
- refuse bail if satisfied there has not been enough time to obtain suffficient information to decide the matter.
- refuse bail if a person is charged with casing injury to another person and it is uncertain whetehr the person will die or recover from injury
- adjourn the matter for up to four hours if the accused appears to be seriously affected by drugs or alcohol. If the accused is still substance affected after 4 hours the bail decision maker may adjourn the matter for one further 4 hour period.
If imposing conditions when granting bail, you must ensure that the conditions are what?
- no more onerous than is required to reduce likelihood that the person may pose an unacceptable risk
- reasonable, having regard to the nature of the offence and the accused’s circumstances
- consistent with any intervention order or safety notice that applies to the accused
When considering granting bail for a family violence offence, what must you consider?
Whether the accused poses a risk of committing family violence and whetehr that risk could be reduced by the imposition of conditions or the making of a family violence intervention order
When imposing a bail condition that is inconsistent with a condition of an existing intervention order of FVSN what must you be satisfied of:
that the bail condition better protects the safety or welfare of the victim of the offence or a protected person.
If a police bail decision maker grants bail with a condition that is inconsistent with an existing intervention order or FVSN what must the informant do?
Apply to vary the original order to ensure civil action is consistent with the bail conditions.
What is a Class 1 Emergency?
a major fire; or
any other major emergency for which Fire REscue Victoria, the CFA, or the Vic SES is the control agency under the state emervency management plan
What is a Class 2 emergency?
a major emergnecy which is not -
a Class 1 emergency; or
a warlike act or act of terrorism; or
a hijack, siege or riot
Emergency Management
What is a control agency?
The agency responsible for leading the response to a particular type of emergency.
Emergency Management
Can the control agency change during an incident?
Yes. The control agency may change depending on the circumstances.
Example: Car accident that results in a fire would initially be under the control of a fire agency. After the fire is extinguished control would be transferred to Vicpol for the investigation.
Where are the control agencies for emergencies likely to be encountered described?
table 9 of the State Emergency Management Plan
Which emergencies does the State Emergency Management Plan nominate Vicpol as the control agency for?
There are 8
Road & Rail Accidents Explosive Devices Shipping Accidents Rescue - land/water Search - land/water Threats to Life or property Civil Aircraft Accidents Food supply or critical infrastructure damage or disruption
Emergency Management
What are the 6 ICCS functions?
Hint: POLIIP
Planning Operations Logistics Investigation Intelligence Public Information
Emergency Management
Who does the Incident Management Team consist of?
Police Forward Commander / Police Commander and ICCS Functions
Emergency Management
Who does the Emergency Management Team consist of?
The incident controller and a representative from each agency or group involved in the response to an emergency.
Emergency Management
What is the Safety Advisor Role?
Not a functional cell but rather a direct report to the Police Forward Commander. The safety advisor manages risks to health, safety and wellbeing of police, support agencies and the community.
Emergency Management
Who assumes the role of the role the Police Forward Commander?
Usually the most senior police member at the scene intially
Emergency Management
What is the role of the Police Forward Commander?
They are in charge of all police resources supporting the incident controller. They may also performt he role of the IERC
Emergency Management
What are the responsibilities of the poolice forward commander?
WEar the relevant tabbard
Assemble and chair an IMT
Participate in the EMT (if oolice are the control agency the PFC must establish and lead the EMT)
Establish a command structur eto suit the circumstances
Implement ICENCIR (Isolate, Contain, Evacuate, Negotiate, Conclude, Investigate, Rehabilitate)
Establish the Police Forward Command Post or relevant level Police Operations Centre
Perform all functions of the ICCS system, or delegate functions to other personnel
Ensure that all Emergency Management Records are kept
Prepare the required operational dicumentation:
- if Vicpol is the Control Agency prepare an overarching Incident Action Plan
- if Vicpol is a Support Agency prepare a Vicpol specific Incident Action Plan
Communicate the emergency management objectives and outcomes detailed on the Incidetn action Plan to everyone involved. Upload the document to PEEC
Use PEEC to record and track all decisions relating to the emergency where possible to do so. If an IPOC is in operation PEEC should be used
What is PEEC?
Police Emergency and Event Command - a web based system to record decisions and communications
What is an IPOC
Incident Poloce Operations Centre
What format should you use for on-air directions when you are the police forward commander?
The ORC format
- Objective e.g. “The objective is to isolate and contain the offender to the house”
- Risk e.g.”The risks are the offender is armed with a knife”
- Communicate - a mitigation plan to deal with risks e.g. If the offender attmpts to leave the property maintain distance…”
What does ICENCIR stand for?
Isolate Contain Evacuate Negotiate Conclude Investigate Rehabilitate
What does SMEACS stand for?
Situation Mission Execution Administration/Logistics Communications Safety
Active Shooter
Who becomes the Contact Team Leader?
Senior Member/First Supervisor
Emergency Management
What is evacuation?
A risk management strategy that may be used to reduce loss of life or lessen the effects of an emergency on a ci=ommunity, prior to the onset of, or during, an emergency. It involves the movement of people threatened by a hazard to a safer location.
Active Shooter
When is an incident an “Active Shooer” incident?
The offender:
Has killed or seriously injured people; &
Is continuing to attempt to kill or seriously injure people; &
Has access to further victims
Active Shooter
What are Contact Teams?
Formations of police officers, in temas of two or more members, whose specific task is to contain or prevent continued life threatening actions by the offender/s.
Active Shooter
What are Rescue Teams?
Formations of police officers in teams of two or more members whose specific task is to enter areas previously cleared by contact teams to aid in the evacuation of persons and allow for medical treatment of injured persons
When should a report of family violence be investigated?
All reports of family violence must be investigated, no matter where they originated from
If the AFM does not consent, should family violence still be investigated?
family violence incidents must be investigated with, or without, the consent of the AFM
Who should referrals be made for as a result of a FV incident?
Appropriate referrals must be made for all parties involved in a FV incident
What are Family Violence Investigation Units responsible for?
investigating serious and complex family violence cases
managing high-risk complex and repeat cases
supporting and advising general duties memebrs and specialist units
What is your power of entry for Family Violence incidents?
s.157 Family Violence Protection Act
May enter & search any premises where the officer believes on reasonable grounds a person to be if -
a. reasonably believe the person has assaulted or threatened to assault a family memebr; or
b. reasonably believe the person is on the premises in breach of an IVO or FVSN; or
c. reasonably believe the person is/has refused or failed to comply with a direction; or
d. the officer has express or implied consent of an occupier of the premises to do so
What must a memebr do if they receive information regarding a FV incident over the telephone?
Assess the need for police attendance. If there is any indication that any person is at risk of harm they must immediately arrange for police attendance via Police Communications
When can a FVR (L17) be taken over the phone?
Where there is no risk of harm to any party and no offence agaisnt the person is identified. Approval must be given by Sergeant or above to take the report prior to its commencement. The name of the Sergeant must be recorded in the L17
When can you identify more than one primary aggressor in a FV incident?
Where there may be multiple aggressors and one AFM
Should cross applications for IVO be made?
Cross applications for IVO or FVSN must not be made
How is investigation primacy in a family violence response determined?
By the Family Violence risk score and the Accountability & Resource Model category rating.
When do frontline members retain investigation and risk management of FV cases?
Where the case is rated medium or standard risk, with further monitoring and coordination by the FVLO
How should parties be referred to in an Family Violence report (L17)?
As the Respondent and AFM
When must police make a madatory report to Child Protection?
When they believe a child is in need of protection or at risk of significant harm as a result of physical or sixual abuse.
Where members make a mandatiry report to Child Protection who else should they notify?
The local SOCIT
Where is the power of arrest for a breach of a FVSN?
s.38 of the Family Violence Protection Act
What is the power of arrest for a summary breach of IVO?
s.124 Family Violence Protection Act
Where a person who is alleged to have breached an IVO/FVSN is not at the scene, what should members do?
- conduct an investigation to locate and interview the alleged offender within 24 hours
- if unabe to locate the offender within 24 hours members are to submit a Person Wehreabouts Desired form
What must both the applicant and the issuing sergeant believe a FVSN is necessary for in order to issue the FVSN?
- ensure the safety of the AFM
- preserve any propertyof the AFM
- protect a child who has been subjected to fmaily violence committed byt he respondent
What circumstances must exist before an pplication can be made for a FVSN?
- the FVR is completed
- the Respondent is aged over 18
- the Respondent is not cognitively impaired
- there are reasonable grounds to suspect there si no Family Law Act order, child protection order or CCO in force that is inconsistent with the propsed terms of the FVSN
- no active IVO is in place between the AFM and Respondent
- police are going to act as the applicant for the IVO
When an issuing officer considers an application for a FVSN, they are required to be satisfied onreasonable grounds that:
- the issue of a FVSN is necessary and in accordance iwth s.26FVPA
- there are no active IVO’s in palce between the AFM and the Respondent
Before making a decision on whether or not to issue a FVSN, the issuing officer must what?
- discuss the circumstances with the member responding to the family violence incident
- be satisfied that the member has formed an opinion on reasonable grounds to meet the criteria
- may, of applicable, hear from the AFM or Respondent
When setting the court date for a FVSN, what time frame should the mention date be booked?
as close to the maximum 14 days allowed after the commencement of the FVSN. However, where the Respondent is removed from the home, the mention date should be listed as soon as practicable.
How are court dates to be booked for Family Violence Safety Notices?
via the Electronic Mention Diary.
When booking a court date for a FVSN on the Electroninc Mention Diary what should you do if there are no court dates available within the 14 day maximum?
Contact the proper court, or the Magistrates Court After-Hours Service for direction
What is the proper court venue for the hearing of a FVSN?
The court closest to the AFM’s residential address
What must be done with the original copies of aFVSN after it has been served?
- they must be faxed/emailed to the nominated court prior to the hearing date
- They must be sent via DX or delivered in person for filing by the court prior to the hearing date.
When is an Application and Summons (with or without interim) appropriate?
When there is no immediate danger to person or property, but action is required.
When is a Complaint & Warrant for IVO the appropriate course of action?
When an Application & Summons is not appropriate and the Respondent is not in custody
When can members use Family Violence Holding Powers?
- If they intend to make application for a FVSN, Intervim FVIO, or to vary an existing Interim or Final FVIVO
- For the service of a FVSN, Interim FVIO, FVIO or Declared Interstaet or Nationally Recognised DVO if the memebr reasonably believes an order ahs been issued but is yet to be served on the person
Befoer exercising Family Violence Holding Powers members must be satisfied that there is both:
- reasonable grounds for suspecting the person is over 18 years old
- reasonable grounds for believing that exercising the power is necessary to ensure the safety of the AFM or protect their property.
What can members use Family Violence Holding Powers to direct a person to do?
- remain at a place where the person is when the direction is given
- go to and remain at a place stated by the member
- remain in the company of the member, or another member, or with a person stated by the member (with the consent of that person)
The preferred option is always to accompany a member to a police station
With regard to Family Violence Holding Powers, when do police have a detention power?
If a directed person refuses or fails to comply with a direction.
Family Violence Holding Powers
Where a directed or detained person goes to a police station, they are to be what?
- Entered in the attendance module
- Informed of their rights using Form 1266 and given a copy of the form
- Told at the time the direction is given, or as soon as they arrive at the police station that they may contact a friend or relative to inform them of their whereabotus, and that they may communicate with, or attempt to communicate with, a legal practitioner
- Given access to facilities to enable that communication unless there are reasoanble grounds to suspect that the communication is likely to jeopardise the AFM’s safety or their property
- given access to independent assistance if required
When do Family Violence Holding Powers commence, and how long do they last for?
The time period commences when the direction is given and last for 6 hours. A court may grant an extension for up to four hours if satisfied circumstances exist that justify it.
Can a person be interviewed for a criminal offence while subject to Family Violence Holding Powers?
No
Wehre a person is in custody for a criminal offence, but a FVSN or FVIO is to be issued, what is the correct procedure?
- Conduct the interview for the criminal offence
- The person is to be released from custody for the initila reason for attendance, including all Attendance Module disposition
- Police may then use Family Violence Holding Powers and the person is re-entered in the attendance module using the specific attendance codes.
What can police take fingerprints for?
- to confirm identity
- to assist in the investigation of or obtain evidence concerning an indictable offence or a summary offence referred to in Schedule 7 of the Crimes Act
Can fingerprints be taken even if a matter is to be dealt with via infringement notice or caution?
Yes, wehre a legal power and justification to fingerprint exists.
What is required by 464K (3) & (6) of a member requiring fingerprints from adults and children aged 15 or above
- audio or adiou visually record fiving the information and the suspect’s response, if any, in line with Request for Fingerprints from Person Aged 15 years or more; or
- for Schedule 7 summary offences that are not recorded, read and complete the Request for Fingerprints from Person Aged 15 years or more (Form 262); and
- give a copy of the recording, or provided thsuspect with a copy of the completed and signed form 262
What is required if fingerprints are required of a person aged 15-17
- a parent or guardian must be present, or an independent person if parent/guardian cannot be located, needs to be present during the request for the fingerprints, giving the information and taking fingerprints
- if the person that is above 15 does not give informed consent, seek authority to use reasonable force.
Who must be present when requiring fingerprints from a child aged 10-14 years?
A parent or guardian. An independent person cannot give consent for the takign of fingerprints for a child aged 10-14
Who must consent for fingerpritns to be taken from a child aged 10-14 years?
Both the child and the parent/guardian must give consent.
Who can give authority for the use of force to take fingerprints from an adult or child aged 15-17?
A sergeant or above, or a memebr for the time being in charge of a police station. That should be independent of the investigation if possible.
What are the guidleines if force is used to take fingerpritns from a child aged 15-17?
- taking the fingerprints must be recorded by audio visual recording if practicable, or by audio recording
- a parent/guardian, or independent person must be present
Should operational safety equipment be worn in an interview?
Firearms should be removed and appropriately stored before interview unles exceptional circumstances exist. In those circumstances, consult with the Custody Supervisor and make an appropriate notation in the Attendance Module
If a peson is to be interviewed and they do not have a lawyer, but a=wish to speak to one, where should memebrs refer to?
The Legal Practitioner REferral Guide
When can members refuse a person who is to be interviewed their rights?
where they believe on reasonable grounds the communcation will result in:
- the escape of an accomplice
- the fabrication or destruction of evidence
- danger to the safety of other people
Waht should you do if there is doubt about a person’s fitness for itnerview?
Seek clinical advice from a Forensic Medical Officer
Who must be present during the interview of any person with a cognitive impariment?
An independent third person
Who can act as an independent third person for the interview of a person witha cognitive impairment?
A trained ITP, a parent, guardian, relative or close friend of the person. A trained ITP should be engaged whenever possible unless sufficient justification exists for this not to be the case.
